WESTMINSTER

Having failed twice already because of paperwork mistakes, a Newport Beach man is back for the third time in four months trying to recall the City Council. Long Kim Pham, an engineer and onetime congressional candidate, recently served papers on all five council members declaring his intent to start a recall petition against them. Pham has said that he is upset at the council for not getting involved in the protests against a Bolsa Avenue merchant who displayed a Communist flag and picture of Ho Chi Minh; the council has said it was following the instructions of its attorney to avoid a lawsuit against the city.

In March, Pham served papers just to recall Councilman Tony Lam; he failed to keep his written explanation of the petition within the 200-word limit. Then he tried to recall all five council members; he failed to follow up with blank copies of the petition and proof of publication due 17 days after filing the initial notice. Pham returned recently to again serve papers declaring his intent to start the recall petition. The council has until the end of today to file its optional response, City Clerk Terry Gremling said, and Pham then has 10 days to try again to file the blank copies and proof of publication.