CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING The City Council of the City of Westminster, California, convened on Wednesday, October 9, 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 CouncilSuccessor Agency to the Westminster Redevelopment Agency Meeting to order at 4:17 p.m., on Wednesday, October 9, 2024, via In-Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California. ROLL CALL MAYOR CHI CHARLIE NGUYEN PRESENT: 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 4:18 p.m.) Administrative Assistant Ramirez announced a quorum of the City Council present. STAFF PRESENT: City Manager Christine Cordon City Attorney Christian Bettenhausen Assistant City Manager Adolfo Ozaeta Police Chief Darin Lenyi Deputy Police Chief Ron Weber Records Coordinator Daisy Guzman Administrative Assistant Tanya Ramirez ORAL COMMUNICATIONS FOR CLOSED SESSION The following individual spoke under oral communications for Closed Session: 1. Terry Rains addressed the Council regarding anticipated litigation, and potential criminal charges and litigation against Council Members Nguyen and Phan West. Council Member Nguyen left the dais at 4:20 p.m. Page 1 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING CLOSED SESSION Administrative Assistant Ramirez read the Closed Session title into the record: 1. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) Number of Case(s): Two (2) The Mayor and the City Council entered Closed Session at 4:23 p.m. RECESS: Mayor Nguyen recessed the meeting at 5:55 p.m. from Closed Session. RECONVENE CITY COUNCIL MEETING: The City Counci/Successor Agency to the Westminster Redevelopment Agency meeting reconvened on Wednesday, October 9, 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 CouncilSuccessor Agency to the Westminster Redevelopment Agency Meeting to order at 6:05 p.m., on Wednesday, October 9, 2024, via In-Person, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California. ROLL CALL PRESENT: MAYOR CHI CHARLIE NGUYEN VICE MAYOR KIMBERLY HO, DISTRICT 3 COUNCIL MEMBER CARLOS MANZO, DISTRICT 2 COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 ABSENT: None Administrative Assistant Ramirez 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 Finance Director Erin Backs Police Chief Darin Lenyi Human Resources and Risk Manager Director Jodie Griner Page 2 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 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 Craig Covey Records Coordinator Daisy Guzman Administrative Assistant Tanya Ramirez Senior Administrative Analyst Ryan Salz Contract Planner Stephanie Tomiano SALUTE TO THE FLAG Council Member Manzo led the flag salute. INVOCATION Vice Mayor Ho conducted the invocation. CITY ATTORNEYICLOSED SESSION REPORT City Attorney Bettenhausen announced that the Mayor and City Council met under Closed Session regarding the item listed on the agenda and took no reportable action. City Attorney Bettenhausen noted that staff requested to pull Public Hearing Agenda Item No. 4.1 from the agenda and announced that if any member of the public was present and would like to speak on the item to do SO during Oral Communications - Agenda items only. Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to pull Agenda Item No. 4.1. 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 EX PARTE COMMUNICATIONS There were no Ex Parte Communications to be presented at this time. REPORT FROM CITY CLERK Administrative Assistant Ramirez announced the late communication memo for Item No. 3.4 reflecting corrections to the attachment for clerical errors and reported that the Orange Page 3 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING County Registrar of Voters began mailing out vote by mail ballots and provided information on the upcoming election. CITY MANAGER REPORT City Manager Cordon made the following announcements: OC Police Canine Association Appreciation and Demonstration Westminster community members are cordially invited to the OC Police Canine Association Appreciation and Demonstration event on Saturday, October 26th. Admission is free and attendees will be able to meet K9s from most police departments throughout OC. There will also be K9 demonstrations. For further information, please visit WWW.OCPCA.org Halloween Spooktacular Get ready for a frightfully fun Friday! Our annual Halloween Spooktacular is back on Friday, October 25th at 4:30 p.m. Join us for a night of spooky thrills, from trunk-or-treating and food trucks to a scavenger hunt, activities, and a movie showing of "Kung-Fu Panda 4", 1 under the stars. We'll also be celebrating Dia De Los Muertos with community ofrendas to remember those we have lost. If you are interested in hosting a trunk or ofrenda, please contact the Community Services & Recreation Department at 714.895.2860. Senior Center Upcoming Events Fall Harvest Dance Join us for a festive afternoon at the Senior Center at the Fall Harvest Dance on Friday, October 11th from 12:30-2:30 p.m.! Dance the day away to live music by DJ Professor D, enjoy delicious refreshments, and celebrate the season with friends and neighbors. Tickets are only $5 when purchased in advance but will increase to $7 on the day of the event. Don't miss out on this fun-filled celebration! Spooky Bingo Bash Bring your best Bingo skills and join us for a spook-ta-cular day full of frightful fun, fantastic prices, and eerie excitement! Tickets are on sale for $15. Tickets for all Senior Center events can be purchased at the Senior Center Front Desk! Veterans Day Signs Thank you for your service, Veterans! Get your free "Proud Veteran" yard sign today. Visit the Community Services and Recreation Front Desk before November 8th, or while supplies last. For more information, call 714.895.2860. Page 4 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING FALSE INFORMATION BEING CIRCULATED REGARDING MIXED-USE STUDY: It has been brought to staff's attention that a flyer has been circulating over the weekend regarding actions by the City Council on September 11 to direct staff to move forward with the implementation of recommendations made in a feasibility study related to economic development and mixed use. The flyer is misleading and labeled as "Eviction Notice" and insinuates that a plan was approved and does not address eminent domain, mobile home parks, homeowner protection, and traffic impacts. There was no "plan" adopted on September 11, and the assertions made in the flyer are premature. Specifically, at no time throughout this study has the city proposed changes to existing mobile home parks. At the meeting, directions were provided to move forward with further evaluating the recommendations within the staff report and with a goal of implementation. However, the recommendations, as indicated at the meeting and in the report, are subject to further analysis and refinement, and any final changes must be approved by the City Council. There will be a series of actions that must take place and there will be opportunities for public input throughout the process. This flyer has generated some confusion, and staff is available to respond to anyone you know who may need clarification. If you have any questions or would like more clarification, please reach out to me and we can further discuss the item from September 11. 1. SPECIAL PRESENTATION - None. Council Member Nguyen requested to walk on an item and discussed approval of Agenda Item No. 5.2 at the September 11, 2024 meeting, creating worry and anxiety to the public, especially mobile home park residents. Motion was made by Council Member Nguyen, seconded by Mayor Nguyen, to walk on an item to bring back Agenda Item No. 5.2 from the September 11, 2024 Regular Meeting agenda, to discuss exclusion of mobile home parks. Council Member Phan West discussed the vote on the item and lack of discussion of eminent domain protection, commented on lack of safeguards for mobile home park residents, traffic mitigation strategies, and student influx. Council Member Manzo stated that the statements by Council Member Phan West did not accurately reflect the action of the item. Council Member Phan West explained her request for a public hearing. City Attorney Bettenhausen explained that in order to walk on an item the matter had to be an urgency item and arose after the posting of the agenda. Mayor Nguyen withdrew his second from the original motion. Page 5 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to walk on an item to bring back Agenda Item No. 5.2 from the September 11, 2024 regular meeting agenda, to discuss exclusion of mobile home parks. 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 2. ORAL COMMUNICATIONS = AGENDA ITEMS ONLY The following individuals spoke under oral communications on agenda items only: 1. Michael Verrengia discussed Agenda Item No. 3.3; commented on the 2023 Orange County Grand Jury report regarding e-bikes and requested City regulations regarding age, safety equipment, double riding and traffic enforcement. He discussed a recent incident he witnessed with e-bike speeding. 2. David Johnson encouraged the City Council to approve Agenda Item No. 5.1 for the snack bar for the Challenger League. 3. Roger Mindrum discussed Agenda Item No. 3.4, approval of Tow Services agreement, and suggested the matter was not ready for implementation and should be tabled. Mayor Nguyen indicated staff could pull the item if necessary to make corrections. 4. Donald Lank spoke in opposition to Agenda Item No. 4.1 and suggested the visibility of the sign be considered; and spoke in support for Agenda Item No. 5.1 and suggested approval for the Challenger Program. 5. Terry Rains discussed Agenda Item No. 3.4, highlighting her email regarding errors and expressed hope that the new agreement would provide more qualified providers and enable towing of RVs; discussed Agenda Item No. 9.1 and commented on a material error in the policy; commented in support of Agenda Item No. 9.2 but spoke in concern of the policies would help disruptive Council Members and indicated potential litigation. Council Member Phan West left the dais at 6:38 p.m. Council Member Phan West returned to the dais at 6:40 p.m. Page 6 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Mayor Nguyen thanked the members of the public for coming out and participating in the meeting. 3. CONSENT CALENDAR Council Member Manzo noted his need to recuse himself from Agenda Item No. 3.4, due to a conflict of interest. Council Member Phan West thanked Police Chief Lenyi and the Police Department for obtaining the grant award for Agenda Item No. 3.3. Council Member Nguyen pulled Agenda Item No. 3.4 for separate discussion. 3.1 City Council and Successor Agency Warrant Register dated September 19, 2024 through October 2, 2024. ACTION: The Mayor and City Council received and filed. 3.2 Approval of Proclamations. ACTION: The Mayor and City Council approved the following proclamations: A. Proclamation - Law Enforcement Records and Support Personnel Day; and B. Proclamation - Red Ribbon Week; and C. Proclamation - Extra Mile Day. 3.3 Acceptance of the Grant Award from the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) in Fiscal Year 2025-2026. ACTION: The Mayor and City Council: A. Approved the Grant Award from the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program for Fiscal Year 2024-2025; and B. Amended the Fiscal Year 2024-25 Adopted Budget by designating grant revenues in the amount of $105,000 and increasing budgeted expenditures of the OTS grant account in the amount of $105,000 towards the Police overtime account, training account, and supplies. 3.4 THIS ITEM WAS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION (SEE END OF CONSENT CALENDAR). END OF CONSENT CALENDAR Page 7 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING CONSENT CALENDAR ITEMS (3.1-3.4) Motion was made by Council Member Manzo, second by Mayor Nguyen, to approve the Consent Calendar, with the exception of Agenda Item No. 3.4, which was pulled for separate discussion. 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 AGENDA ITEM(S) PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 3.4 Approval of Tow Services Agreement for the Westminster Police Department Rotational Tow Program. Council Member Manzo noted his need to recuse himself due to a conflict of interest. Council Member Manzo left Council Chambers at 6:45 p.m. This item was pulled by Council Member Nguyen for a staff presentation. Police Chief Lenyi provided a brief staff report and answered questions of the City Council. Following the presentation, discussion ensued regarding towing incidents throughout the community. Council Member Nguyen questioned if a tow company would charge a vehicle owner for a tow over a weekend. Discussion ensued regarding a current investigation with the Police Department. Mayor Nguyen asked City Attorney Bettenhausen to advise on the matter before continuing discussion. City Attorney Bettenhausen advised Council Member Nguyen to not discuss a criminal pending investigation. Council Member Phan West expressed concern regarding Council Member Manzo's conflict. Page 8 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Police Chief Lenyi explained the criteria and approval by the California Highway Patrol. In response to public comments, Police Chief Lenyi explained the fees were set pursuant to the fee study approved by the Council. Motion was made by Mayor Nguyen, seconded by Vice Mayor Ho, to approve the tow services agreement for the Westminster Police Department Rotational Tow Program. Substitute Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to defer to the next Council meeting. The substitute motion carried, 3-1-1, by the following roll call vote: AYES: HO, PHAN WEST, N. NGUYEN NOES: C. NGUYEN ABSENT: MANZO ABSTAIN: NONE Council Member Manzo returned to Council Chambers at 6:54 p.m. 4. PUBLIC HEARING 4.1 First Reading of Billboard Amortization Ordinance Amending Chapter 17.330 (Signs) of the Westminster Municipal Code. This item was pulled from the agenda. No action taken. 4.2 First Reading of Billboard Ordinance Amending Chapter 17.330 (Signs) of the Westminster Municipal Code. Council Member Nguyen left the dais at 7:00 p.m. Contract Principal Planner Tomaino and Senior Management Analyst Salz provided the staff report. Council Member Nguyen returned to the dais at 7:05 p.m. In response to Council Member Manzo, Contract Principal Planner Tomaino explained the ability to appeal to the City Council and call up by the City Council; original staff recommendation regarding approval of additional billboards by the City Council; and Planning Commission recommendation to include the Planning Commission. Page 9 CITY COUNCILUSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Mayor Nguyen asked if additional billboards would generate additional revenue and the reason for reducing the quantity. Contract Principal Planner Tomaino explained annual mitigation fees. Assistant City Manager Ozaeta explained the free market effect on revenue. Senior Management Analyst Salz explained the maximum capacity at 15 based on the proposed regulations and Staff's recommendation for 10 billboards. Assistant City Manager Ozaeta stated the number allowed was at the Council's discretion. Vice Mayor Ho discussed the Council's goal to bring in revenue and suggested allowing the market to dictate the number of billboards. Senior Management Analyst Salz explained the fees associated with billboards and business licenses and indicated the most recent negotiations resulted in $250,000 per year. Council Member Phan West reviewed the map and questioned the number of billboards within her district. Senior Management Analyst Salz stated there were 12 billboards on the 405 freeway and 3 billboards on the 22 freeway. Council Member Phan West concurred with the recommendation for a maximum of 10 billboards for the residents and drivers. She questioned the recommendations regarding public hearings. Assistant City Manager Ozaeta explained the 500-foot radius for public hearings and the Planning Commission's recommendation to increase the radius for billboards to 1,000 feet. He suggested remaining consistent for all public hearings at 500-foot radius. Contract Principal Planner Tomaino explained the ability to expand the radius if needed. In response to Council Member Nguyen, Assistant City Manager Ozaeta explained the use of City branding on billboards. Council Member Nguyen expressed concern with potential liability. City Attorney Bettenhausen explained that the City would not be held responsible for the content on the billboards. Page 10 CITY COUNCIUSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING In response to Council Member Phan West, Senior Management Analyst Salz explained State Law and City Operating Agreement standards regarding appropriate content on the billboards. Council Member Phan West discussed the brightness and glare from the billboards and potential effect outside the 500-foot radius. Assistant City Manager Ozaeta explained modern digital billboards with auto-dim, LED lights, and less impactful technology. Council Member Phan West expressed concern with the impact on homeowners. Assistant City Manager Ozaeta discussed the required third-party lighting study and explained the two City locations for potential City operated digital billboards. Vice Mayor Ho discussed her experience with consideration of billboards while on the Planning Commission. Council Member Manzo expressed concern about requiring City branding on billboards. In response to Council Member Manzo, Contract Principal Planner Tomaino discussed the possible request for variance to development standards. Mayor Nguyen asked about approval of billboard content. Senior Management Analyst Salz stated the City would not approve specific advertisements, rather provide specific restrictions. Assistant City Manager Ozaeta stated the City could request the advertising deck to ensure compliance. Mayor Nguyen concurred with allowing additional billboards and consideration of variances. Council Member Nguyen concurred with following State law regarding notification radius and recommended limiting the radius to 500 feet. He commented on potential litigation. MAYOR NGUYEN OPENED THE PUBLIC HEARING. 1. David Johnson discussed the need to consider blight versus income, line of site, and impacts to residents and home values. Page 11 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING 2. Jacko Luong indicated opposition to Agenda Item No. 4.2 and discussed creation of legal nonconforming billboards; need to consider relocation agreements with existing static billboards; arbitrary 200-foot resident buffer and excessive 10-foot setback requirement; and exception to standards. He asked how many locations would become legal non-conforming: number of existing digital billboards; applications prior to adoption process via existing or proposed ordinance; and 10 display faces or 10 structures. 3. Donald Lank discussed the abandonment of the Sunset Ford sign; 28 total billboards, 10 with conditional use permits; and a cooling off period to erect business signs. Mayor Nguyen left the dais at 7:59 p.m. Council Member Nguyen left the dais at 8:01 p.m. 4. Nguyen Hung chose not to speak on the item and indicated he would wait for public comment under non-agenda items. Mayor Nguyen returned to the dais at 8:04 p.m. Council Member Manzo recused himself due to a campaign contribution and left Council Chambers at 8:04 p.m. Council Member Nguyen returned to the dais at 8:04 p.m. Council Member Phan West left the dais at exit 8:05 p.m. 5. Terry Rains expressed concern regarding the statement that the notice was posted at the project site; location of definitions, particularly electronic billboards; increasing the notice radius; need for architectural elements; and removal of design exceptions. She indicated support for the remainder of the Planning Commission recommendations and potential revenue. Council Member Phan West returned to the dais at 8:06 p.m. MAYOR NGUYEN CLOSED THE PUBLIC HEARING. In response to Council Member Phan West, Senior Management Analyst Salz stated there was one existing electronic billboard and one in the permitting process. City Attorney Bettenhausen explained application of the ordinance on pending applications. Page 12 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Senior Management Analyst Salz explained the billboards facing the freeways not residents. Council Member Phan West recused herself due to a potential conflict of interest due to a potential campaign contribution and left Council Chambers at 8:14 p.m. Vice Mayor Ho indicated support for digital billboards and potential revenue, and removing the cap on the number of billboards. Senior Management Analyst Salz explained State and City regulations regarding billboards that would establish the maximum number of billboards. Vice Mayor Ho suggested the natural minimum of 10 and maximum of 15 billboards and discussed the use of the City logo on billboards. Council Member Nguyen stated additional time for Council review was necessary. Mayor Nguyen concurred with Vice Mayor Ho's recommendation to not cap the maximum number of billboards and branding opportunity. Motion was made by Vice Mayor Ho, seconded by Mayor Nguyen, to introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2024-0188) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.330 - SIGNS, RELATED TO ELECTRONIC BILLBOARD FREEWAY SIGNS (BILLBOARD ORDINANCE),; read by title only and waive further reading, amended to retain 500-foot radius for noticing, no limit on the number of allowable billboards and retaining City branding. Substitute Motion was made by Council Member Nguyen, to defer the hearing to the next meeting. The substitute motion failed due to lack of a second. Mayor Nguyen expressed concern with two Council Members accepting campaign contributions and the potential for the matter not proceeding. In response to Vice Mayor Ho, Council Member Nguyen indicated he needed additional time to study the matter. Motion was made by Vice Mayor Ho, seconded by Mayor Nguyen, to introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2024-0188) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.330 - SIGNS, RELATED TO ELECTRONIC BILLBOARD FREEWAY SIGNS (BILLBOARD ORDINANCE), Page 13 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING read by title only and waive further reading, amended to retain 500-foot radius for noticing, no limit on the number of allowable billboards and retaining City branding. The motion failed, 2-0-2-1, by the following roll call vote: AYES: C. NGUYEN, HO NOES: NONE ABSENT: PHAN WEST, MANZO ABSTAIN: N. NGUYEN Motion was made by Vice Mayor Ho, seconded by Mayor Nguyen, to continue the hearing to the October 23, 2024 regular meeting. The motion carried, 3-0-2-0, by the following roll call vote: AYES: C. NGUYEN, HO, N. NGUYEN NOES: NONE ABSENT: PHAN WEST, MANZO ABSTAIN: NONE Council Member Manzo returned to Council Chambers at 8:31 p.m. Council Member Nguyen left the dais at 8:31 p.m. Council Member Phan West returned Council Chambers at 8:31 p.m. 5. REGULAR BUSINESS 5.1 Approval of Snack Bar Concession Agreement. Mayor Nguyen commended staff on their hard work. Council Member Phan West left the dais at 8:31 p.m. Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to: A. Approve an agreement between the City ofWestminster and District 62 Challenger Division Little League for use of the snack bar facility located at Westminster Park, 14402 Magnolia St.; and B. Authorize the City Manager to execute the agreement. Page 14 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING The motion carried, 3-0, by the following roll call vote: AYES: C. NGUYEN, HO, MANZO NOES: NONE ABSENT: PHAN WEST, N. NGUYEN ABSTAIN: NONE Council Member Phan West returned to the dais at 8:32 p.m. 6. LEGISLATIVE ITEM = None Council Member Phan West left the dais at 8:33 p.m. 7. ORAL COMMUNICATIONS CONCERNING NON-AGENDA ITEMS) Mayor Nguyen reminded the speakers of the rules of decorum. 1. Michael Verrengia discussed the eviction notice given to residents by a Council candidate, stoking the fears of mobile home park residents. He discussed vandalization of City Hall watched by a seated Council Member. He thanked Council Member Manzo for displaying ethics and recusing himself when there might be a conflict. He suggested Council Member Phan West should have recused herself prior to the discussion. Council Member Phan West returned to the dais at 8:38 p.m. Mayor Nguyen discussed the eviction notices distributed to mobile home residents and indicated candidates could not put campaign material in mailboxes. Council Member Phan West clarified why she recused herself late during Agenda Item No. 4.1. Mayor Nguyen left the dais at 8:43 p.m. Council Member Phan West left the dais at 8:43 p.m. RECESS: The meeting recessed at 8:44 p.m. due to lack of a quorum. RECONVENE: Mayor Nguyen reconvened the meeting at 8:52 p.m. ROLL CALL PRESENT: MAYOR CHI CHARLIE NGUYEN VICE MAYOR KIMBERLY HO, DISTRICT 3 COUNCIL MEMBER CARLOS MANZO, DISTRICT 2 Page 15 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING ABSENT: COUNCIL MEMBER AMY PHAN WEST, DISTRICT 1 (Arrived at 8:54 p.m.) COUNCIL MEMBER NAMQUAN NGUYEN, DISTRICT 4 (Arrived at 9:58 p.m.) 7. CONTINUED - ORAL COMMUNICATIONS CONCERNING NON-AGENDA ITEMS) 2. Dao Tran addressed the Council regarding the campaign flyer "eviction notice" received in the residents mail. She encouraged recalling Council Member Phan West and Nguyen. Council Member Phan West entered the meeting at 8:54 p.m. 3. Jimmy D. Pham, Chair of the Traffic Commission and candidate for State Assembly District 70, expressed concern regarding lack of decorum and inappropriate Council behavior on dais. He urged the Council to work together and be civil. 4. David Johnson thanked the City Council and staff participating in and supporting the students in Walk and Roll to School and for supporting school events. 5. Tina Tapia played a recording (inaudible) and discussed retaliation by Council Member Phan West and David Johnson. Council Member Phan West questioned the comments by Tina Tapia and offered the opportunity for her to discuss the matter. 6. Nhat Linh criticized Council Members Nguyen and Phan West and discussed the "eviction notice" received by many residents. 7. Tony spoke regarding the "eviction notice" and suggested recall of Council Members Nguyen and Phan West. 8. Hue Doanetto spoke regarding Council Members Phan West and Nguyen and the candidate placing eviction notices in many mobile home residents' mailboxes. Council Member Manzo expressed compassion to the residents and disappointment in those distributing the fake eviction notices. 9. Gigi discussed the actions and behavior of Council Members Phan West and Nguyen. 10.Jason Doan discussed his visit to Vietnam, dispute with China over the Philippian Sea, and political leverage. Page 16 CITY COUNCILUSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Mayor Nguyen stated his comments were not within the City's jurisdiction. Council Member Phan West questioned the Mayor's statement and suggested the public be provided the opportunity to voice opinions. City Attorney Bettenhausen clarified that comments had to be within the subject matter jurisdiction of the Council. Council Member Manzo left the dais at 9:31 p.m. 11. Trustee Gina Clayton-Tarvin, Oceanview School District Board of Trustees, spoke regarding First Amendment rights and indicated the public could speak about any subject. She discussed modernization of Westmont and Starview Schools. She thanked Council Member Manzo for appointing Traffic Commissioner Jimmy Pham and encouraged those in Assembly District 70 to vote for Jimmy Pham. She encouraged people to re-elect her as well. Council Member Manzo returned to the dais at 9:34 p.m. 12. John Angrisani thanked Council Member Phan West for her work, displayed a flyer depicting inappropriate resident behavior, and his experience with someone complaining he was intimidating. 13. Tami Hammell expressed concern with the behavior of Council Members Phan West and Nguyen and suggested censure. Council Member Phan West left the dais at 9:44 p.m. 14. Donald Lank indicated disgust with the fake eviction notice and potential crime and discussed the negative actions and behavior of Council Members Phan West and Nguyen. 15. Terry Rains discussed the slanderous defamation press conference regarding the fake eviction notice attended by Council Members Phan West and Nguyen and potential criminal activity. Council Member Phan West returned to the dais at 9:50 p.m. Mayor Nguyen recognized Council Member Phan West for brief comments previously requested. Council Member Phan West responded to Tami Hammell and indicated that the same people talked bad about her; she encouraged the residents to watch the September 11, 2024, meeting at which she requested allowing the residents the opportunity to Page 17 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING speak; and indicated Council Member Manzo voted against the mobile home park residents. Council Member Manzo clarified inaccurate comments and incorrect information regarding re-zoning items and information distributed to the mobile home residents. Vice Mayor Ho discussed vulnerable residents effected by the eviction notice and prior protection of mobile home park residents. Council Member Nguyen entered the meeting at 9:58 p.m. EXTEND THE MEETING PAST 10:00 P.M. Motion was made by Mayor Nguyen, seconded by Council Member Phan West, to extend the meeting past 10:00 p.m., per City policy. The motion carried, 3-2, by the following roll call vote: AYES: C. NGUYEN, PHAN WEST, N. NGUYEN NOES: MANZO, HO ABSENT: NONE ABSTAIN: NONE 7. CONTINUED - ORAL COMMUNICATIONS CONCERNING NON-AGENDA ITEMS) Council Member Nguyen explained that he and Council Member Phan West wanted to provide the mobile home park residents the opportunity to provide input. Mayor Nguyen stated the "eviction notice" was not a survey. He stated Council Members Phan West and Nguyen did not attend the meeting when the item was discussed. He stated the flyers were overwhelming the Vietnamese community and he summarized the email from City Manager Cordon regarding the false notice. Council Member Phan West left the dais at 10:05 p.m. Council Member Phan West returned to the dais at 10:06 p.m. Assistant City Manager Ozaeta explained September 11, 2024, economic development assessment of opportunity sites in the City, which did not include mobile home parks. He explained mixed use districts on mobile home parks approved in 2016 and clarified the map which expanded areas of opportunity sites. 8. COMMISSION AND COMMITTEE ITEM = None Page 18 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING 9. BUSINESS MATTERS FROM CITY COUNCIL/AGENCY MEMBERS 9.1 Amendment for Process for Placement on Agenda Items. Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to approve amending the process for placement of agenda items, to change the wording "The requesting council member cannot request the item" to "The item requested cannot be requested again by any member of the Council for a minimum of six months unless there is an urgency as determined by new information, legislation, litigation, or policy. Substitute Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to take no action. Council Member Nguyen stated there would be a backlash on Vice Mayor Ho and Council Member Manzo if they approved the item. Council Member Manzo explained that the item was necessary due to the actions of Council Members Phan West and Nguyen. Council Member Phan West responded to Council Member Manzo and stated arguing and debating was the democratic process. She stated the purpose of the item was to silence their voices and they would be prevented from putting items on the agenda. She urged the public to vote correctly in November. Vice Mayor Ho agreed with the proposed changes from "maximum" to minimum" of six months. Council Member Nguyen stated Council Member Manzo, Vice Mayor Ho and Mayor Nguyen were wasting time by censuring Council Member Phan West. He discussed the upcoming election and said there would be big changes. Substitute Motion was made by Council Member Nguyen, seconded by 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 Mayor Nguyen, seconded by Council Member Manzo, to approve amending the process for placement of agenda items, to change the wording "The requesting council member cannot request the item" to "The item Page 19 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING requested cannot be requested again by any member of the Council for a minimum of six months unless there is an urgency as determined by new information, legislation, litigation, or policy. " 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 9.2 Amendment to the 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 Council Member Manzo, to limit the amount of time each council member has for discussion of an agenda item to five minutes on Agenda Item 10. Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to take no action. Council Member Phan West expressed concern about limiting the time for Council Members to speak and the inability for Districts 1 and 4 to put items on the agenda due to the majority. Council Member Phan West asked her rights to reclaim her time. City Attorney Bettenhausen explained that Council Members were entitled to speak on each agenda item and she had the opportunity to speak but her time ran out. Substitute Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to take no action. During roll call, discussion ensued. The substitute motion failed, 0-3-0-2, by the following roll call vote: AYES: NONE NOES: MANZO, HO, C. NGUYEN ABSENT: NONE ABSTAIN: PHAN WEST, N. NGUYEN Motion was made by Mayor Nguyen, seconded by Council Member Manzo, to limit the amount of time each council member has for discussion of an agenda item to five minutes on Agenda Item No. 10. Page 20 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING The motion carried, 3-2, by the following roll call vote: AYES: C. NGUYEN, HO, MANZO NOES: PHAN WEST, N. NGUYEN ABSENT: NONE ABSTAIN: NONE 10. COMMENTS AND REQUESTS FOR AGENDA ITEMS FROM CITY COUNCIL/AGENCY MEMBERS (Including AB 1234 Report when required) Council Member Nguyen requested an item on the next agenda to rescind Item No. 5.2 from the City Council Meeting from September 11, 2024, and to discuss exclusion of mobile home parks. Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to: A. Rescind Item No. 5.2 from the September 11, 2024 Council Meeting; and B. Consider a General Plan Update to remove mixed use from mobile home parks. Vice Mayor Ho commented that General Plan Amendments were done every ten or fifteen years and the September 11, 2024 action on Item No. 5.2 was not understood by Council Members Phan West and Nguyen. Mayor Nguyen concurred with Vice Mayor Ho. Council Member Manzo discussed the cost, community input, and committee for the 2016 General Plan Update. Council Member Phan West stated Council Member Nguyen was requesting removal of mobile home parks from the study approved on September 11, 2024. Mayor Nguyen stated there was a lack of understanding from Council Members Phan West and Nguyen. Motion was made by Council Member Nguyen, seconded by Council Member Phan West, to: A. Rescind Item No. 5.2 from the September 11, 2024 Council meeting; and B. Consider a General Plan Update to remove mixed use from mobile home parks. Page 21 CITY COUNCILSUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING 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 stated she wanted to ensure the Council Members had freedom of speech. Motion was made by Council Member Phan West, seconded by Council Member Nguyen, to bring back a statement resolution to respect and honor the Constitutional Republic and encourage the Council to not fear different voices and ideas and allow open dialogue. 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 Vice Mayor Ho asked about the City Council's prior direction on e-bike regulations. City Manager Cordon clarified that there was a request for a study session on e- bikes but there were pending laws, therefore, the matter had not been brought back and then the City Council policy changed. Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to schedule a study session to discuss e-bike regulations. In response to Council Member Phan West, Police Chief Lenyi discussed e-bike laws and the possibility of adopting laws specific to the City. City Attorney Bettenhausen explained the purpose of a study session. Motion was made by Vice Mayor Ho, seconded by Council Member Manzo, to schedule a study session to discuss e-bike regulations. 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 Page 22 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING Council Member Nguyen left the dais at 11:22 p.m. Council Member Manzo requested an item of interest from the City Attorney on the disorderly conduct of the members of the City Council and public; what was considered obstruction; and rules when a Council Member went into the public and created distractions. He announced his attendance at the City of Placentia's State of the City and invited the public to the Westminster High School Harvest Festival. He commended Staff on the Fall Festival and thanked the City Manager for supporting and encouraging Staff. Mayor Nguyen thanked the residents for participating. He stated he also attended the State of the City for Placentia and State of the City for Buena Park and suggested the City of Westminster conduct a State of the City. Council Member Phan West requested the opportunity to provide her AB1234 report; encouraged residents to continue to share concerns; discussed the dance at the Senior Center; and announced Columbus Day and Indigenous Peoples Day. She thanked Staff and the residents that voted for her. She requested the Mayor ask the audience to not interrupt her. She reiterated her concerns regarding the Council's action on September 11, 2024 on the redevelopment plan without public input on mobile home parks as potential development sites. Mayor Nguyen thanked Staff for the successful Fall Festival. 11. COUNCIL ADJOURNMENT Mayor Nguyen adjourned the meeting at 11:36 p.m. on Wednesday, October 9, 2024. The next Regular Meeting will be held on Wednesday, October 23, 2024, at 6:00 p.m. Respectfully submitlêd: epHan fpdio ASHTON R. AROCHO, MMC CITY CLERK/ Page 23 CITY COUNCIL/SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY OCTOBER 9, 2024 MINUTES OF REGULAR MEETING APPROVED: CHI CHARLIE NGUYEN MAYOR ATTEST: Ap Epdio ASHTON R: AROCHO, MMC CITY CLERK Page 24