CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
The City Council of the City of Westminster, California, convened on Wednesday, September 11, 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: 23 p. m., on Wednesday, September 11, 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.
Mayor Nguyen indicated it was the fourth Closed Session meeting missed by Council Member Phan West and Council Member Nguyen and asked if staff had informed both Council Members of the meeting.
City Manager Cordon indicated they were aware of the meeting.
In response to Mayor Nguyen, City Attorney Bettenhausen suggested raising the importance of attendance at Closed Session in the Open Session meeting.
STAFF PRESENT: City Manager Christine Cordon
City Attorney Christian Bettenhausen
Assistant City Manager Adolfo Ozaeta
City Clerk Ashton Arocho
Police Chief Darin Lenyi
Deputy Police Chief Ron Weber
ORAL COMMUNICATIONS FOR CLOSED SESSION
There were no oral communication requests.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
CLOSED SESSION
City Clerk Arocho read the Closed Session titles into the record:
1. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956. 9( d)( 2)
Number of Cases: One ( 1)
The Mayor and the City Council entered the Closed Session at 4:27 p.m.
RECESS: Mayor Nguyen recessed the meeting at 5:50 p.m. from Closed Session.
RECONVENE CITY COUNCIL MEETING: The City Council/Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, September 11, 2024, to Open Session at 6:00 p.m.
REGULAR MEETING
6: 00 PM
CALL TO ORDER
Mayor Nguyen called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 6: 09 p. m., on Wednesday, September 11, 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
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Public Works Director/ City Engineer Jake Ngo
Community Services Director Vanessa Johnson
Deputy Police Chief Ron Weber
Sergeant at Arms Stewart DeJong
Orange County Fire Authority Chief Craig Covey
Associate Planner Alice Tieu
Community Services and Recreation Supervisor Gina Nunez
SALUTE TO THE FLAG
Vice Mayor Ho led the flag salute.
INVOCATION
Mayor Nguyen discussed the
23rd
Anniversary of September 11th, honored those that lost
their lives, and conducted the invocation.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen explained that following the posting of the agenda, Council Member Phan West requested that Agenda Item No. 2 of the Closed Session agenda be removed:
2. Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Section 54956. 9( d)( 3) and ( d)( 2): One Case
Request at last council meeting to investigate potential targeting of Councilwoman Amy Phan West ( District 1)
This item was not discussed.
City Attorney Bettenhausen stated that the Mayor and City Council met in Closed Session for the remaining item listed on the agenda, provided direction to staff and no reportable action.
Council Member Phan West left the dais at 6: 13 PM.
Mayor Nguyen commented on the absence of Council Member Phan West and Council Member Nguyen from the Closed Session.
Council Member Phan West returned to the dais at 6: 13 PM.
Mayor Nguyen asked staff when Council Member Phan West pulled Closed Session Agenda Item No. 2 and why the meeting was scheduled for 4:00 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
City Manager Cordon explained that Council Member Phan West pulled the item after the agenda was posted.
Mayor Nguyen expressed concern about wasting time and the lack of attendance by Council Member Phan West and Council Member Nguyen.
City Attorney Bettenhausen indicated there was no legal ramification for lack of attendance to a portion of the meeting and announcement in Open Session was appropriate to inform the voters.
Mayor Nguyen encouraged Council Member Phan West and Council Member Nguyen to attend Closed Session meetings.
Council Member Phan West discussed potential litigation instigated by Vice Mayor Ho.
City Attorney Bettenhausen cautioned Council Member Phan West that the matter was not on the current agenda.
Vice Mayor Ho requested the subject matter on Closed Session Agenda Item No. 1 be identified.
City Attorney Bettenhausen clarified that Closed Session Agenda Item No. 1 was not related to Closed Session Agenda Item No. 2.
EX PARTE COMMUNICATIONS - None
REPORT FROM CITY CLERK — None.
CITY MANAGER REPORT
City Manager Cordon made the following announcements:
Fall Festival
The countdown to this year' s Fall Festival is on! Get your discounted ride tickets on the City' s Website. Purchase them now and save up to 20% off- don' t miss out on this deal! Festival dates and times:
Thursday, September 26th - 5:00 to 9:00pm I Cultural Night! Celebrating Hispanic Heritage Month I Preview Night - $ 2 rides
Friday, September 27th - 5: 00 to 11: 00pm
Saturday, September 28th - 12:00 to 11:00pm I "Weekend Welcome" at 12pm on stage I Embracing Aging Expo from 1:00 to 5:00pm
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Sunday, September 29th - 12:00 to 9:00pm I Creative Babe Market from 12:00 to 4: 00pm
Admission and Parking is free. Also, full entertainment is available on the website and be sure to follow us on social media for all the latest news.
Final Weekend of the Splash Pad
The Sigler Park Splash Pad will be having its last " splash" of the summer season this weekend. The Splash Pad will be open to the public from 12-5 p.m. on both Saturday, September 14th and Sunday, September 15th.
Senior Center
Fall Harvest Dance— Friday, October 11 from 12: 30 to 2: 30pm Bring your dancing shoes and celebrate the season with us! Enjoy an afternoon full of refreshments, music and fun! Tickets are on sale for $ 5, but prices will go up to $ 7 on the day of the event. Live entertainment will be provided by DJ Professor D. Sign up at the Senior Center Front Desk today.
New Staff member
Please join us in welcoming Simy Soto to the team as our new Community Services & Recreation Coordinator. Simy brings experience in special events, facilities, and recreation programming. Welcome, Simy!
1. SPECIAL PRESENTATION
A. Presentation of a Proclamation for Hunger Action Month.
Mayor Nguyen read the proclamation.
Mark Lowery, Orange County Food Bank and Hunger Action Coalition, discussed the need for food in the community.
B. Presentation of a Proclamation for World Alzheimer' s Awareness Month.
Mayor Nguyen read the proclamation.
Samantha Montgomery, an intern with Alzheimer' s Orange County, thanked the Council for their support.
The Mayor and City Council thanked the organization for helping the community.
2. ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Mayor Nguyen reminded members of the public of Resolution No. 4963, establishing rules of decorum and civility at the Council meetings.
Council Member Nguyen left the dais at 6: 37 PM.
The following individuals spoke under oral communications on agenda items only:
1. Michael Verrengia discussed clearing of homeless encampments and potential litigation. He encouraged concise discussion of agenda items.
2. Nguyen Hung spoke in support of Agenda Item No. 3.2 to support and protect the Police Department, commented on the process to add an item on the agenda, and spoke on concerns of corruption by Mayor Nguyen.
3. Roger Mindrum commented on freedom of speech and concerns of Council Members' safety. He played audio of Council Member Phan West.
4. Terry Rains questioned why Council Member Phan West pulled Closed Session Item No. 2; welcomed Interim Community Development Director Sheri VanderDussen; discussed a necessary update on Be Well ( Agenda Item No.
5. 1); asked why the Strategic Plan was not on the website and available for the public ( Agenda Item No. 5. 2); expressed concerns with enforcement of anti- camping ordinance ( Agenda Item No. 5. 3); suggested a formal notification system to inform the public of board meetings and agendas ( Agenda Item No.
7. 1); and spoke in support of the removal of Council Member Phan West from the Orange County Mosquito and Vector Control District ( Agenda Item No. 10); and encouraged District 1 to recall Council Member Phan West.
Council Member Manzo left the dais at 6: 50 PM.
Council Member Phan West left the dais at 6: 52 PM.
RECESS: The meeting recessed at 6:52 p.m. due to lack of a quorum.
RECONVENE: Mayor Nguyen reconvened the meeting at 6:55 p.m.
ROLL CALL
PRESENT: MAYOR CHI CHARLIE NGUYEN
VICE MAYOR KIMBERLY HO, DISTRICT 3
COUNCIL MEMBER CARLOS MANZO, DISTRICT 2
ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 (Arrived at 6: 56 PM)
COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 ( Arrived at
7: 06 PM)
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
2. CONTINUED - ORAL COMMUNICATIONS — AGENDA ITEMS ONLY
5. Khai Dao encouraged the Council to work together and come up with a policy to add items to the agenda.
Council Member Phan West entered the meeting at 6:56 PM.
Council Member Phan West left the dais at 6: 56 PM.
Council Member Phan West returned to the dais at 6: 58 PM.
Following the comments of Khai Dao, City Attorney Bettenhausen explained limited public forum, and the distinction between disruptions by elected official and members of the public and efforts to establish a clear record of disruptions and to focus discussion.
Council Member Phan West asked for clarification on efforts to speak under oral communication.
City Attorney Bettenhausen suggested allowing speakers.
Council Member Nguyen entered the meeting at 7:06 PM.
Council Member Manzo questioned the distinction between speaking under the various Oral Communication items.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to remove Agenda Item No. 5. 3 from the agenda.
Council Member Phan West commented on the importance of discussing legal rights under Agenda Item No. 5. 3.
City Attorney Bettenhausen discussed Closed Session discussion of the Grants Pass case.
Council Member Nguyen questioned the Council' s discussion of the matter in Closed Session.
City Attorney Bettenhausen explained the legitimate discussion of the matter in Closed Session.
Council Member Nguyen expressed concern about the Closed Session listing.
City Manager Cordon explained the Anticipated Litigation item.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Phan West questioned the title of the Closed Session item.
City Attorney Bettenhausen explained the limited reasons to meet in closed session under the Brown Act and listing of anticipated litigation.
Council Member Nguyen expressed concern about the other three Council Members making decisions without him and Council Member Phan West and suggested Mayor Nguyen, Vice Mayor Ho and Council Member Manzo violated the Brown Act.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to remove Agenda Item No. 5. 3 from the agenda.
Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to discuss Agenda Item No. 5. 3.
Council Member Phan West stated the item should have been listed on the Closed Session agenda. She discussed the case of Grants Pass and suggested the court case be listed on the Closed Session agenda. She stated Agenda Item No. 5. 3 should remain on the agenda and asked the public to shout out if they wanted to hear the item.
Council Member Nguyen suggested the Attorney present the item.
Amended Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to have Attorney Gary Kranker, being paid by the tax payers money, do a five minute presentation on Agenda Item No. 5.3, with the presentation sent to the entire Council and Department Heads.
Vice Mayor Ho stated the City Attorney was not lying and that Council Member Phan West and Council Member Nguyen should have attended Closed Session.
She explained the discussion in Closed Session and recommendation to not discuss the matter in Open Session.
Council Member Nguyen demanded the opportunity to speak.
Mayor Nguyen explained that each Council Member had the opportunity to comment when it was their turn to vote.
Disruption occurred in the audience.
RECESS: Mayor Nguyen called a recess at 7: 46 PM.
RECONVENE: Mayor Nguyen reconvened the meeting at 7:59 PM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
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
Amended Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to have Attorney Gary Kranker, being paid by the tax payers money, do a five minute presentation Agenda Item No. 5.3, with the presentation sent to the entire Council and Department Heads.
The amended 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
Council Member Nguyen addressed Vice Mayor Ho and stated Council Member Manzo, Vice Mayor Ho and Mayor Nguyen twisted their words and continually threatened to fire the City Attorney. He stated Vice Mayor Ho was not protecting the City by threatening litigation against the City.
Mayor Nguyen indicated he was voting ' no' to avoid potential litigation.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to remove Agenda Item No. 5. 3 from the agenda.
The original motion carried, 3-2, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST, N. NGUYEN
ABSENT: NONE
ABSTAIN: NONE
Council Member Phan West stated there was a violation of the Brown Act, since the item was not properly listed. She stated the majority of the Council was hiding something. She stated she voted ' no' because she wanted transparency.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
3. CONSENT CALENDAR
3. 1 City Council and Successor Agency Warrant Register dated August 22, 2024 through September 4, 2024.
ACTION: The Mayor and City Council received and filed.
3. 2 Second Reading and Adoption of Ordinance No. 2614, Amending the City' s Policy Regarding the Use of " Military Equipment".
ACTION: The Mayor and City Council conducted a second reading and adopted 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.
3. 3 Amend the City' s 7-Year Capital Improvement Program ( CIP) Project List for Measure M2 Eligibility for Fiscal Year 2024- 2025 to include the 2022 Catch Basin Screen Installation Project.
ACTION: The Mayor and City Council amended the approved City's 7-Year Capital Improvement Program ( CIP) project list for project reimbursement from OCTA to include the 2022 Catch Basin Screen Installation Project.
3. 4 Adoption of Plans and Specifications and Authorization to Solicit Construction Bids for the Sigler Park Soccer Fields Project- Plan No: P- 2618.
ACTION: The Mayor and City Council:
A. Approved the plans and specifications for the Sigler Park Soccer Fields Project Plan No: P-2618, 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. 5 Adopt a Resolution Authorizing the Appointment of Margaret (" Sheri") Sheryl Vander Dussen, a CaIPERS Retiree, as Interim Community Development Director to Comply with California Government Code Section 21221( h).
ACTION: The Mayor and City Council:
A. Adopted Resolution No. 5281, " A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
MARGARET (" SHERI") SHERYL VANDER DUSSEN AS INTERIM COMMUNITY DEVELOPMENT DIRECTOR;" and
B. Authorized the City Manager to enter into an agreement with CaIPERS Retired Annuitant Margaret (" Sheri") Sheryl Vander Dussen to appoint her as the Interim Community Developer Director.
END OF CONSENT CALENDAR — ALL ITEMS ( 3. 1- 3. 5)
Motion was made by Council Member Manzo, seconded by Mayor Nguyen, to approve the Consent Calendar as presented.
The motion carried, 5-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO, N. NGUYEN
NOES: NONE
ABSENT: NONE
7ABSTAIN: NONE
4. PUBLIC HEARING
4. 1 Public Hearing — Fiscal Year 2023/ 2024 Consolidated Annual Performance and Evaluation Report.
Michael Son, Housing Specialist, provided a brief presentation and answered questions of the City Council.
Council Member Nguyen left the dais at 8: 14 PM.
In response to Council Member Phan West, Housing Specialist Son explained the allocation of $ 20, 000 to the Fair Housing Foundation; assistance with education on fair housing rights; and quarterly reports.
Council Member Phan West requested receiving the quarterly report.
Community Services Director Vanessa Johnson explained services provided by the Family Resource Center; Summer recreation programming; youth mentorship; and Project SHUE and funding of coordinator through CDBG.
Vice Mayor Ho commented on the lack of knowledge from Council Member Phan West regarding Project SHUE. She questioned means of informing limited English speaking residents of services.
Housing Specialist Son explained translation services provided.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Vice Mayor Ho suggested consideration of the language assistance programs in other jurisdictions.
Mayor Nguyen left the dais at 8: 28 PM.
Mayor Nguyen returned to the dais at 8: 30 PM.
Council Member Manzo asked if there was tracking of those receiving meals.
Community Services Director Johnson discussed record keeping.
Council Member Manzo requested a detailed report of code enforcement inspections under Community Pride.
Council Member Phan West rebutted comments by Vice Mayor Ho regarding lack of information on Project SHUE and explained her reason for asking was to inform the public. Council Member Phan West asked the City Attorney whether she could speak.
City Attorney Bettenhausen stated the Mayor indicated it was the time for Council questions.
In response to Council Member Phan West, Community Services Director Johnson and Housing Specialist Son explained resident assistance under CDBG and process of the Pride Code Enforcement Program.
Council Member Phan West explained the service to the City.
MAYOR NGUYEN OPENED THE PUBLIC HEARING.
The following individuals addressed the City Council:
1. Terry Rains commented on the process of formal Public Hearings; stated the answers to the questions asked by Council Member Phan West were included in the staff report; and commented on the CDBG funding denial originally done by Council Member Phan West. She suggested more truly affordable housing and commended City staff on promoting the services to the community. She encouraged staying on topic.
Mayor Nguyen explained the public hearing process.
MAYOR NGUYEN CLOSED THE PUBLIC HEARING.
Council Member Phan West responded to comments by members of the public.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Manzo commented on the responsibility of each Council Member to review agenda reports to prepare for the meeting. He expressed disappointment in the time spent asking questions that were included in the agenda report.
Council Member Phan West responded to comments made by Council Member Manzo and indicated it was her job to bring up questions.
Motion was made by Council Member Manzo, seconded by Council Member Phan West to:
A. Approve the Fiscal Year 2023/ 2024 Consolidated Annual Performance and Evaluation Report ( CAPER); and
B. Authorize the City Manager to transmit the CAPER to the United States Department of Housing and Urban Development ( HUD) by September 27, 2024; and
C. Authorize staff to adjust the CAPER based on information that may be requested by HUD and resubmit as necessary.
The motion carried, 4-0- 1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, PHAN WEST, MANZO
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
5. REGULAR BUSINESS
5. 1 Update from Be Well Orange County.
Mayor Nguyen left the dais at 8: 49 PM.
Phillip Franks, Be Well, provided a PowerPoint summarizing the services provided during the past year.
Council Member Nguyen returned to the dais at 8: 51 PM.
Council Member Phan West thanked Be Well for attending the meeting and assisting the community.
In response to Council Member Phan West, Mr. Franks and Chief Lenyi discussed housed versus un- housed clients; explained the primary reason for contact as homelessness; follow up services; comparable to other cities; and cost of service.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Phan West suggested a Closed Session discussion on the cost of service.
City Attorney Bettenhausen indicated it was not an appropriate Closed Session topic but could be discussed at a study session.
Mayor Nguyen returned to the dais at 8: 52 PM.
In response to Council Member Manzo, Mr. Franks explained active patrols.
Council Member Manzo expressed concern with limited visibility of the van and termination of contract by the County.
Council Member Phan West left the dais at 9: 00 PM.
Council Member Nguyen indicated he and Council Member Phan West often met with the Police Department and Be Well, indicating they were doing a great job. He indicated he would continue to support the Be Well Program.
Mayor Nguyen expressed appreciation to Be Well for coming out and for PD for the update.
In response to Mayor Nguyen, Chief Lenyi indicated Be Well provided monthly updates. Mayor Nguyen requested quarterly updates to the Council.
Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to receive and file the report.
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. 2 Mixed Use Analysis Related to the Following Strategic Plan Goals and Objectives: Strategic Plan Goal # 1 - Achieve Financial Stability.
Strategic Plan Objective: Begin development of an economic development strategy and report to the City Council; and
Strategic Plan Goal # 2 - Develop and Implement Specific Plans for Little Saigon, the Downtown District, and the West Side.
Strategic Plan Objective: Deliver a scope of work for the recommended District 2 Mixed- Use Downtown Specific Plan that includes an economic impact assessment and other strategies for already identified goals of the General Plan.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Phan West returned to the dais at 9: 05 PM.
Council Member Nguyen left the dais at 9: 06 PM.
Assistant City Manager Ozaeta provided the presentation, with the assistance of Management Analyst Salz.
Mayor Nguyen left the dais at 9: 10 PM.
Jason Moody, EPS, John Kaliski, JKA, and Amanda Tropiano, De Novo, presented a report outlining the existing mixed use areas; study objectives and process; Mixed Use Districts and Housing Element; new housing projects in nearby cities; lagging housing growth in Westminster; rents and vacancy rates; home values, income, retail, selecting opportunity sites and programs; mixed use zoning parameters; housing product type densities; potential sites and various layouts; development feasibility analysis; planning and implementation; and recommended action.
Mayor Nguyen returned to the dais at 9: 12 PM.
Mayor Nguyen left the dais at 9: 34 PM.
Mayor Nguyen returned at 9: 35PM.
Council Member Manzo thanked staff for the detailed report and presentation. He asked about phases for the zoning code.
The consultants explained expansion of Phase 1; comparison with other cities; issues deterring development; City analysis streamlining investment and development; and the need to update the zoning code.
Council Member Phan West left the dais at 9: 52 PM.
Council Member Phan West returned to the dais at 9: 55 PM.
In response to Vice Mayor Ho, Staff and the consultants explained regional housing needs allocations ( RHNA); proposed expansion of mixed use boundaries; herd mentality of developers; zoning change to spur development; and the need for a General Plan update but lack of implementation.
Council Member Phan West commented on the proposed recommendation; thanked the consultants and staff for the detailed presentation; discussed the need for input from property owners and the public before implementation; changes to the retail model, inclusion of showrooms; allowing the market to decide; and location of retail.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
In response to Council Member Phan West, Mr. Moody discussed opportunities for online shopping; mixed use development, allowing the market to decide; and upwards rents and wrap design.
Assistant City Manager Ozaeta explained allowing flexibility for developers.
Consultant Tropiano explained the robust public participation process during implementation.
EXTEND THE MEETING PAST 10: 00 P. M.
Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to extend past 10:00 p. m., per city policy but included that the meeting should not go past 11:00 p.m.
The motion carried, 4- 0-1-0, by the following roll call vote:
AYES: PHAN WEST, MANZO, HO, C. NGUYEN
NOES: NONE
ABSENT: N. NGUYEN
ABSTAIN: NONE
5. 2 Continued - Mixed Use Analysis Related to the Following Strategic Plan Goals and Objectives: Strategic Plan Goal # 1 - Achieve Financial Stability.
Strategic Plan Objective: Begin development of an economic development strategy and report to the City Council; and
Strategic Plan Goal # 2 - Develop and Implement Specific Plans for Little Saigon, the Downtown District, and the West Side.
Strategic Plan Objective: Deliver a scope of work for the recommended District 2 Mixed- Use Downtown Specific Plan that includes an economic impact assessment and other strategies for already identified goals of the General Plan.
Mayor Nguyen discussed potential investors, and opportunities for mixed use development.
Council Member Phan West discussed the various development models and expressed concern with asking the residents what they wanted. She stated it was necessary to ask the community before moving forward.
Mayor Nguyen left the dais at 10: 12 PM.
Council Member Phan West suggested conducting outreach prior to adopting the resolution.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Assistant City Manager Ozaeta stated staff felt the study had already been conducted but could conduct further study if the Council desired.
Consultant Tropiano explained the requested direction in order to more thoroughly engage the public.
Vice Mayor Ho concurred with the public outreach process outlined by the consultants.
Council Member Manzo concurred and urged the process to proceed as quickly as possible.
In response to Council Member Phan West, Consultant Tropiano stated the number of units had not been quantified but currently 40 dwelling units per acre were allowed and they were suggesting potentially doubling the density.
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to adopt Resolution No. 5282 entitled, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF WESTMINSTER, CALIFORNIA, TO DIRECT STAFF TO
IMPLEMENT RECOMMENDATIONS MADE IN THE FEASIBILITY STUDY PREPARED
BY CONSULTANT TEAM LED BY ECONOMIC & PLANNING SYSTEMS FOR
UPZONING THE MIXED- USE ZONE FOR RESIDENTIAL DEVELOPMENT,
EXPANDING THE AREA OF THE MIXED- USE DISTRICT AND INCENTIVIZING
STRATEGIES FOR LOT ASSIMILATION AND FINDING THAT THIS DIRECTION TO
IMPLEMENT THE FEASIBILITY STUDY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
Substitute Motion was made by Council Member Phan West, to craft a Study Session on this item.
The substitute motion failed due to lack of a second.
Motion was made by Council Member Manzo, seconded by Vice Mayor Ho, to adopt Resolution No. 5282 entitled, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF WESTMINSTER, CALIFORNIA, TO DIRECT STAFF TO
IMPLEMENT RECOMMENDATIONS MADE IN THE FEASIBILITY STUDY PREPARED
BY CONSULTANT TEAM LED BY ECONOMIC & PLANNING SYSTEMS FOR
UPZONING THE MIXED- USE ZONE FOR RESIDENTIAL DEVELOPMENT,
EXPANDING THE AREA OF THE MIXED- USE DISTRICT AND INCENTIVIZING
STRATEGIES FOR LOT ASSIMILATION AND FINDING THAT THIS DIRECTION TO
IMPLEMENT THE FEASIBILITY STUDY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
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The motion carried, 3- 1-1-0, by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST
ABSENT: N. NGUYEN
ABSTAIN: NONE
6. LEGISLATIVE ITEM - None
7. COMMISSION AND COMMITTEE ITEM
7. 1 Establishment of the Measure Y and E Citizens Oversight Committee.
City Clerk Arocho and Finance Director Backs presented the staff report.
Council Member Phan West suggested keeping the committees separate.
Finance Director Backs explained the function of the committee and allocation of funding by the Council.
Mayor Nguyen indicated support for consolidating the committees.
Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to adopt a Resolution No. 5283 entitled, " A RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, RESCINDING RESOLUTION NO. 5245 TO ESTABLISH THE MEASURE Y AND E CITIZENS
OVERSIGHT COMMITTEE AND ADOPTING THE COMMITTEE' S ROLES AND RESPONSIBILITIES."
The motion carried, 3-1-1-0 by the following roll call vote:
AYES: C. NGUYEN, HO, MANZO
NOES: PHAN WEST
ABSENT: N. NGUYEN
ABSTAIN: NONE
Council Member Phan West left the dais at 10: 38 PM.
8. ORAL COMMUNICATIONS CONCERNING NON- AGENDA ITEMS Mayor Nguyen reminded the speakers of the rules of decorum.
The following individuals spoke under Oral Communications Concerning Non-Agenda Items:
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
1. Julie Diep thanked the Mayor and City Council for the opportunity to serve on the Westminster Community Foundation and thanked her colleagues. She regretfully resigned due to lack of leadership, vision, accountability and lack of respect for her contributions.
Council Member Phan West returned to the dais at 10: 41 PM.
Council Member Manzo thanked Ms. Diep for her commitment and sacrifice.
Council Member Phan West expressed her appreciation and questioned why there was not unity with a majority of the appointments.
Mayor Nguyen thanked Ms. Diep for her service.
2. John Gentile expressed concern with the direction of the Westminster Community Foundation and resigned.
Vice Mayor Ho thanked Mr. Gentile for his service and expressed her regret with seeing him resign.
Council Member Manzo, Mayor Nguyen and Council Member Phan West thanked Mr. Gentile for his service.
Council Member Phan West left the dais at 10: 50 PM.
3. Khai Dao commented on concerns of safety within the Chambers and asked City Attorney who he was allowed to address. City Attorney Bettenhausen stated he could discuss any matter within the City' s subject matter jurisdiction. Mr. Dao commended the police officers for keeping order in the Chambers.
4. Michael Verrengia commented on the absence of Council Member Phan West and Council Member Nguyen from the Closed Session meeting. He discussed the complaint lodged by Council Member Phan West.
5. Roger Mindrum commented on violation of civil rights by Council Member Phan West and read portions of the police report filed by Council Member Phan West against him.
Council Member Phan West returned to the dais at 10: 59 PM.
6. David Johnson thanked Julie Diep and John Gentile for serving on the Westminster Community Foundation; discussed violations of the Brown Act by the foundation; and commended staff for obtaining the grant for safe roads.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Phan West thanked Mr. Johnson for his comments and apologized for inappropriate actions by the Council and Foundation.
7. Tina Tapia discussed her loss of rights for speaking out about abuse in the School system.
8. Ronnie Guyer discussed his experience in Vietnam.
9. Pam Gremling suggested oral communications be at the beginning of the meeting due to excessive discussion by the Council.
Council Member Phan West stated she and Council Member Nguyen had attempted to put oral communications at the beginning of the meeting.
10.Mark Nguyen thanked the Mayor and City Council for their recent sponsorship for Midway City Sanitary District
85th
Anniversary event and invited the Council and
community.
11. D' Vorah Mariscal commented on the need to return oral communications on non- agenda items to the beginning of the meeting, and commented on Agenda Item No.
5.2, busy malls in other jurisdictions and encouraged working with the Westminster Mall owners. She encouraged Council Members to participate in the entire meeting or resign.
12. Tami Hammell stated Council Member Phan West did not speak for District 1 and she and Council Member Nguyen were playing games. She suggested the City Attorney look into ways to suspend Council Member Phan West.
Council Member Phan West responded to comments by Ms. Hammell and indicated she would pray for her.
13. John Angrisani discussed his objections to behavior by the public during meetings and thanked Council Member Phan West for her support.
14.Terry Rains played audio recordings of Council Member Phan West and urged stopping false Police reports and false accusations.
Mayor Nguyen requested the Council assist him in seeing issues occurring during the meeting.
Council Member Phan West thanked Ms. Hammell and Ms. Rains for stating their opinions and stated she would be praying for them.
9. BUSINESS MATTERS FROM CITY COUNCIL/ AGENCY MEMBERS — None.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
10. COMMENTS AND REQUESTS FOR AGENDA ITEMS FROM CITY COUNCIL/ AGENCY MEMBERS ( Including AB 1234 Report when required) Council Member Manzo thanked members of the public for coming out and sharing their opinions; spoke on remembering those who lost their lives during the terrorist attacks of 9/ 11; and expressed gratitude to first responders, and staff.
Council Member Nguyen returned to the dais at 11: 29 PM.
Vice Mayor Ho read a statement remembering the attacks of 9/ 11.
Council Member Phan West thanked members of the public for staying throughout the entire meeting; commented on the push for moving non- agenda item oral communications earlier in the meeting; read a statement remembering the victims of 9/ 11; and commented on violations of the Brown Act due to the current majority of the Council and the need to respect each other and residents.
Council Member Nguyen asked Council Member Phan West if she would like to make a motion.
Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to schedule a study session on improving the Westminster Community Foundation, encouraging them to attend and/ or send email.
Council Member Nguyen expressed concern about the late filing of tax returns by the Westminster Community Foundation.
Council Member Manzo stated he would only agree to a study session requesting the City Attorney to provide input on the City' s risks due to Brown Act violations and financial issues.
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
Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to add an item on an upcoming agenda on the process for adding items to the Closed Session agenda.
City Attorney Bettenhausen stated a discussion on the process could ensue.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
Council Member Manzo stated he felt the appropriate process was already being followed. He encouraged Council Members Nguyen and Phan West to attend the meetings.
In response to Council Member Phan West, Mayor Nguyen stated the appropriate process was being followed and a discussion was not necessary.
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 add an item on an upcoming agenda to discuss allegations of bribery from Mr. Frank Jao to Mayor Nguyen and Vice Mayor Ho.
Council Member Phan West stated it was fair for the Council to have an opportunity to defend themselves.
Mayor Nguyen rejected the allegations and indicated it was not necessary to have an item on the agenda.
Council Member Phan West stated the Mayor and Council should not have damning allegations against them. She asked Council Member Nguyen to play the proof and suggested the Mayor clear himself.
Council Member Manzo and Vice Mayor Ho suggested taking evidence 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 Nguyen thanked staff and the Police Department.
Mayor Nguyen thanked members of the public for attending the meeting and staff for its service. He told Council Member Phan West he would pray for her.
Council Member Phan West left the dais at 12: 10 AM.
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
11. COUNCIL ADJOURNMENT
Mayor Nguyen adjourned the meeting in memory of those who lost their lives on September 11, at 12:11 a.m. on Thursday, September 12, 2024.
The next Regular Meeting will be held on Wednesday, September 25, 2024, at 6:00 p. m.
Respectfully submitted:
A. 0111
ASH ON OCHO, MMC
CITY CLEK
APPROVED:
J
HIC- 1A' tIEN UY
MAYOR
ATTEST:
A
J
ATON qZ. AROCHO, MMC
CITY CLERK
CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY SEPTEMBER 11, 2024
MINUTES OF REGULAR MEETING
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