ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
January 25, 2022
Regular Meeting
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Zimmerman called the General Session to order at 6:30 p.m.
COUNCILMEMBERS
PRESENT: Collacott, Miles, Rossini, and Zimmerman
ABSENT: Pitts
INVOCATION/DEDICATION
Mayor Zimmerman opened the meeting with A Scout's Prayer in tribute to his son reaching the rank of Eagle Scout.
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Mayor Zimmerman.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Orange County Sheriff's Department
City Manager Steve Franks reported Orange County Sheriff's Department (OCSD) Captain Gary Knutson is away for training and Sergeant Paul Feeney has been called away for a special assignment so he will make the report.
City Manager Franks reported the total number of calls for service in December 2021 was 250, including two incidents of grand theft, one of petty theft, one burglary, one assault with a deadly weapon, one criminal threat, and one domestic assault. He reported there were five traffic incidents including one hit-and-run. He reported 51 citations issued. He advised OCSD extended its apologies for being unable to attend. • Orange County Fire Authority
Battalion Chief Marc Moore reported since December 15, 2021, there have been 133 calls for service in Villa Park with 42 incidents, mostly for medical assistance. He advised the pandemic has created many calls due to general weakness.
January 25, 2022 Villa Park City Council Meeting Minutes
Battalion Chief Moore requested residents check their smoke alarms. He reported two- thirds of fires requiring calls happen due to non-working smoke alarms. He reported smoke alarms can reduce the risk of death by 50%.
• Villa Park Library
Library Director Sandra Hill reported Orange County has declared there will be no more late fines. She advised lost and damaged items will still incur charges. She reported tomorrow's Library's book chat will be held via Zoom on "The Little Prince" by Antoine de Saint-Exupery. She encouraged children and teens to enter a contest for gift cards by adding to their counter display stating what they would like to do in 2022. She reported federal tax forms will be arriving before the weekend for resident usage, but they are not receiving State tax forms at this time. She reported the database tip for January is to try Mango's Language through their website if residents are looking to learn a new language.
Mayor Zimmerman reported his wife learned Finnish through Mango's services. • Housing Element Update
City Manager Franks reported the City is required by law to submit a sixth cycle Housing Element. He reported the California Department of Housing and Community Development (HCD) has responded to the City's Draft Housing Element with its concerns. He reported he and Planning Consultant John Douglas of J.H. Douglas & Associates have had follow-up discussions with HCD. He stated HCD neither approved nor denied the City's Draft Housing Element but has requested additional information in several areas.
Mr. Douglas reported the certification process' standard of review for the sixth cycle is much more difficult than in the past due to stronger legislation and HCD's more stringent interpretation. He reported only three of over 200 jurisdictions under the Southern California Association of Government (SCAG) have received a compliance letter from HCD, none of which are relevant to Villa Park. He reviewed the background of the process in Villa Park, extending back over a year.
Mr. Douglas reported key requirements include a new requirement of Affirmatively Furthering Fair Housing (AFFH) and this element has been deemed by HCD to require more analysis by the City. He advised staff is looking at other cities for ideas because this is a new requirement and thus difficult to grasp. He reported the second key requirement is demonstrating the City's land use plans and zoning accommodates its Regional Housing Needs Allocation (RHNA) goals to show adequate capacity for all income categories.
January 25, 2022 Villa Park City Council Meeting Minutes
Mr. Douglas reported the City was assigned 296 building units for the sixth cycle, and the City Council-approved Draft Housing Element includes the potential for 96 Accessory Dwelling Units (ADU), 28 units at the Town Center, and 204 units in the Smith Basin for a total of 328 potential units, exceeding the RHNA allocation.
Mr. Douglas reported a follow-up conversation with HCD will provide additional analysis in AFFH. He advised the City is looking at how HCD has guided other cities in this area.
He reported HCD requested the City verify its ADU production potential based on recent vears' activity. He advised HCD is requesting additional analysis towards a specific schedule and feasibility for Town Center and Smith Basin development, including an environmental analysis of the Smith Basin property, along with a contingency plan in case the city's development assumptions do not come to pass.
Mr. Douglas reported staff's recommendation is to provide direction on how to continue discussions with HCD and Smith Basin property-owning Orange County Water District (OCWD) towards a progress report to be presented at the next City Council meeting.
City Manager Franks clarified HCD is using 2020's numbers for ADU production which are 10-12 annually with the Draft Housing Element calling for an average of 12 annually to reach the goal of 96 over the eight-year cycle. He advised in 2021, the City approved 18 ADUs so the numbers fall in the City's favor. He noted the State has regularly changed its ADU laws over the past three years impacting standing City ordinances.
City Manager Franks reported there is no specific HCD goal line on terms like "encouraging development." He advised staff's goal is to seek additional clarity from HCD on how to create a schedule on property not owned by the City. He noted the Honda Center in the City of Anaheim was built in a similar situation. He advised there is also a lot of cumbersome work to do with enhancing the program analysis for AFFH because few examples exist with this new requirement. He explained HCD did not deny any of the City's elements, but rather simply seeks more clarity. He encouraged continuing to move forward in their current direction.
In response to Councilmember Collacott's inquiry, City Manager Franks clarified requested contingency plans are to state how the City would meet its RHNA requirements if it does not meet either the ADU, Town Center or Smith Basir development goals. He advised they still require more clarity from HCD on nuances of its contingency plan expectations.
In response to Councilmember Miles' inquiry, City Manager Franks explained his hope is the contingency plan could be to revisit public hearings on the Housing Element. He advised his understanding is the Draft Housing Element will require a statement on how the City would act if there is not enough progress after a certain number of years. He explained it would be inappropriate to be identifying specific backup options at this point because their current plan is viable.
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In response to Councilmember Collacott's inquiry, City Manager Franks confirmed one of the elements of the AFFH requirement will likely involve a more detailed outlining of how the proposed sites could help meet the City's RHNA numbers at a variety of income levels. He advised it could include more details on City programs to help with the process of meeting affordable housing needs.
In response to Councilmember Collacott's inquiries, City Manager Franks estimated the City still has about $9,000 to $10,000 left on its contract with Mr. Douglas. Mr. Douglas confirmed this estimate is accurate and the entire contract is approximately $50,000.
Mayor Pro Tem Rossini thanked staff for its work and noted he looks forward to hearing more in the future about the progress.
In response to Mayor Zimmerman's inquiry, City Manager Franks expressed hopes they will have more detail and clarity at the next Council meeting. He advised they are all anxious to receive HCD certification.
Mayor Zimmerman explained the timing mechanism in the contingency plan could make a significant difference if it is after a matter of months or years.
Mayor Zimmerman reported he has restructured the meetings to move Councilmember meeting attendance reports up to the beginning of the meeting to align with other reports such as OCSD's and OCFA's. He advised he will be adjourning the meeting with a moment of silence in honor of former Mayor Bill Nelson and his wife, Eula Nelson, who both passed away recently.
• Councilmember meeting attendance reports:
• Orange County Mosquito & Vector Control District
• Councilmember Miles reported there have been five meetings. • She reported the District will wait on selecting a new facility for relocation.
• She reported radiating mosquitos to create infertility was discussed but the project is on hold until two collaborating counties can find replacement directors.
• She reported the District's annual financial audit went unchallenged. • She reported there are three human cases of West Nile virus in Orange County, 51 positive mosquito samples, and seven positive dead birds.
• She reported Invasive Aedes mosquitos have been detected in all 34 Orange County cities, including Villa Park, but added none of Villa Park's are West Nile positive.
• She reported increased concerns about canine heartworm being transferred by mosquitoes and encouraged residents to eliminate January 25, 2022 Villa Park City Council Meeting Minutes
areas of mosquito breeding around their homes, along with having pets tested for heartworm.
• She reported 24 cases of flea-borne typhus in Orange County but none in Villa Park.
• Mayor Zimmerman encouraged residents to get heartworm preventative medicines for their dogs.
Orange County Sanitation District
• Mayor Zimmerman reported water oxidation will be demonstrated at Orange County Sanitation District (OC San) Plant No. 1 in the Citv of Fountain Valley.
• He reported OC San's Ocean Outfall Assessment will move forward in April after being delayed from October 2021 by an oil spill off the coast of the City of Huntington Beach.
• He reported there are three ongoing construction projects, including the new headquarters building in the City of Fountain Valley. • Orange County Fire Authority
• Mayor Pro Tem Rossini reported no meeting was held.
• He reported the election of a Chair and Vice Chair are on the agenda for a meeting later this week.
• Orange County Library Advisory Board
• Mayor Zimmerman reported no meeting was held.
• City Schools Advisory
• Mayor Zimmerman reported no meeting was held.
• Law Enforcement Advisory
• Mayor Pro Tem Rossini reported no meeting was held.
• Villa Park Community Services Foundation
• Councilmember Pitts' absence prevented a report.
• City Manager Franks stated there was no meeting in December. • Housing Legislative Committee
• Councilmember Miles reported no meeting was held.
• Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported she was unable to attend the last , Senior Grizens Advisory Commitee
• Councilmember Miles reported a January 14th meeting to install
PUBLIC COMMENTS
Mayor Zimmerman reviewed the rules of decorum.
Mayor Zimmerman opened public comments.
January 25, 2022 Villa Park City Council Meeting Minutes
City Manager Franks read a written comment from Churchill Lane resident Todd Jackson expressing concerns about the liability of under-maintained City streets like his requiring more than a slurry coat. He expressed concerns about the safety of elderly, handicapped, and young residents due to cracks in the streets and poor lighting.
Kathy reported she submitted the letter for her neighbor Mr. Jackson who is out of town.
She advised supplemental details from his letter about the depth of some of the cracks, adding Mr. Jackson's son was recently injured, requiring a walker. She reported his physical therapist does not want Mr. Jackson's son to walk on the street with his walker due to the cracks. She encouraged the City to evaluate his letter carefully.
Mary Beth Felcyn denounced the potential impacts of Senate Bill (SB) 9 and SB 10, encouraged residents to sign a ballot initiative put forth by Our Neighborhood Voices to repeal the laws, and donate to help fund the organization.
Councilmember Collacott reported former Mayor Bill Nelson passed away on January 14th , followed by his wife, Eula Nelson, on January 20t, and is survived by their four children. He spoke of former Mayor Nelson's pursuit of public service, including his service in the United States Air Force. He reported former Mayor Nelson served the community through his activity with the Villa Park Little League, Orange County Grand Jury, Grand Jurors Association of Orange County, Villa Park Investment Advisory Committee, and Orange County Cemetery District, before becoming a Councilmember and Mayor. He advised former Mayor Nelson served as President of the Pacific West Association of Realtors with such success the organization's boardroom is named in his honor.
Councilmember Collacott reported former Mayor Nelson supported the development of the Veterans' Cemetery at Gypsum Canyon through his position as a Trustee for the Orange County Cemetery District. He advised this project is Item No. 11 on tonight's agenda. He noted former Mayor Nelson served as President of the 2,894-member California Special Districts Association, and Board member of the Villa Park Community Services Foundation.
Councilmember Collacott reported Mrs. Nelson was also active in public service, teaching high school students in disadvantaged communities in the City of Los Angeles, and serving with Court Appointed Special Advocates (CASA). He noted the Nelsons were a public service power couple.
Councilmember Collacott reported former Mayor Nelson was elected first out of a slate of six Council candidates in 2014 and served as Mayor in 2017, choosing not to seek reelection in 2017. He applauded former Mayor Nelson's intelligence, experience, wisdom, and shrewd insights which he regularly sought.
January 25, 2022 Villa Park City Council Meeting Minutes
Councilmember Collacott reported Orange County Supervisor Don Wagner closed its meeting earlier today in former Mayor Nelson's memory.
Mayor Pro Tem Rossini echoed Councilmember Collacott's sentiments and noted former Mayor Nelson was a very special man and good friend. He recalled having the Nelsons over for dinner at his house and how special they both were.
In response to Mayor Pro Tem Rossini's inquiry, Mayor Zimmerman confirmed he has spoken with Councilmember Pitts and reported he is currently traveling necessitating his absence from the meeting.
Mayor Zimmerman closed public comments.
PUBLIC HEARINGS
Waive reading in full of all ordinances and resolutions on the agenda.
City Manager Franks presented a brief staff report.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to waive the reading in full of all ordinances, resolutions, and meeting minutes on the agenda, and direct the City Clerk to read by title only.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
2. Adoption of Ordinance No. 2022-624 - An Amendment to Chapter XXIII of the City of Villa Park Municipal Code, Adding Article 23-24, Establishing Regulations for Urban Lot Splits and Two-Unit Developments Pursuant to California Senate Bill 9 (SB 9).
City Manager Franks reported this is a follow-up report to City Council's direction to address the extent the City is permitted to maintain control within the compliance parameters for SB 9 and SB 10 to prevent providing an open door to developers. He advised this ordinance is modeled after other cities and is as restrictive as staff could be given the restrictions of SB 9 and SB 10.
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Planning Manager Ray Pascua reported SB 9 requires cities to approve the subdivision of single-family residential lots into two lots and approve two housing units on each lot, all without a public hearing. He advised the City's review is limited to objective design standards but noted the standards cannot preclude the construction of up to two units per lot or either of the units being at least 800 square feet in size.
Planning Manager Pascua reported the City's subdivision zoning ordinance currently requires City Council approval to subdivide, however, SB 9 stipulates subdivisions must be done and be done without a public hearing. He advised there can be no public right- of-way dedications with urban lot splits under SB 9, but easements for the facilitation of public services and utilities may be imposed. He reported the City has many lots eligible for a split, but noted parcels in environmentally unsafe or sensitive areas are not eligible.
He explained other ineligible parcels include those requiring the demolition of affordable housing, those already having undergone a successful urban lot split process, those adjacent to such a parcel if the owner acted in concert with the neighbor, or those having a very specific adverse impact to public health and safety with no feasible mitigation method.
Planning Manager Pascua reported staff is recommending adding Article 23-24 to Chapter XXIII of the City's Municipal Code including objective design standards for urban lot splits and two-unit developments. He advised the proposed restrictions include the lot being located in a single-family residential zone, the two new parcels being relatively equal in size with a 60-40 maximum split, each new lot being at least 1,200 square feet, and the property owner occupying one of the units for a minimum of three years.
Planning Manager Pascua reported objective design standards for a two-unit development include one parking space per unit with exceptions required by State law.
He advised building separation, landscaping, and lot coverage requirements will apply with short-term rentals prohibited. He reported mobile homes and recreational vehicles cannot be used as SB 9 housing developments. He advised the exterior designs should be compliant with the existing dwelling and surrounding neighborhoods to the greatest extent possible. He reported there will be a maximum height of 16 feet with the buildings limited to a single story. He explained no ADUs or Junior ADUs will be permitted on a lot with two SB 9 housing units and noted no SB 9 development will be permitted on a lot with non-conforming uses. He reported solar panels will be required to meet the electrical demand of each unit.
Planning Manager Pascua reported he has not received any public comments on this proposed ordinance. He recommended the City Council direct staff to schedule a second reading and adoption of the proposed ordinance at the next City Council meeting.
In response to Mayor Pro Tem Rossini's inquiry, City Manager Franks confirmed staff collected data from other cities, took the most restrictive elements from each, and January 25, 2022 Villa Park City Council Meeting Minutes
combined them into this ordinance. He advised state laws include certain parameters restricting how much the City can restrict. City Attorney Todd Liftin reported that for Villa Park and in his role as the City of Yorba Linda's City Attorney he conducted an exhaustive detailed process to find remaining local regulatory areas without violating the law. He advised much of the information from the City of Yorba Linda is incorporated into this ordinance. He explained this ordinance reflects the broadest possible extent for a jurisdiction to retain its regulations while complying with SB 9. He recommended going forward with this first reading of the ordinance if the City Council is satisfied by it so the City has something to enforce as quickly as possible. He noted it could be amended in the future.
Councilmember Collacott requested more information on the negative impacts on residents ahead of the next meeting. He explained it would help residents understand why it is important to repeal SB 9 and SB 10. He advised it will impact parking, street repair maintenance, water service, sewers, and school traffic.
City Manager Franks clarified the ordinance does not implement SB 9 and SB 10 but rather is a regulatory addition to limit the extent of the new state laws as much as possible by the City. He reported SB 9 and SB 10 went into effect on January ist.
In response to Mayor Zimmerman's inquiry, Councilmember Collacott clarified his intent was to explain how this ordinance impacts residents. He advised it would be wise as a City Council to look at ways they can mitigate the impacts once identified, looking to other jurisdictions for best practices.
City Attorney Liftin reported the two options for the City to combat SB 9 and SB 10 would be either through litigation or taking a political path through the pending ballot initiative.
He explained the laws degrade local control and break up the essential nature of a residential neighborhood. He advised the laws would encourage more corporate interests to buy up properties to carve up and rent, losing a classic neighborhood personality. He explained this is why the ordinance has restrictions on the types of legal entities able to buy Villa Park properties. He noted there are utility and public infrastructure impacts along with schools and streets. He reported there are only certain things a City can regulate but noted they will be requiring second units on a property to handle their electrical load with solar panels out of concerns for overloading the grid.
Councilmember Collacott advised litigation is out of the question due to resources. He noted there will be significant impacts on the neighborhoods and it is incumbent upon the City Council to explain those impacts to residents. He advised the City Council is duty- bound to find ways to mitigate the impacts and they need to educate the residents on the impacts before they implement the ordinance.
Councilmember Miles noted the dais has the right goals and intends to protect neighborhoods. She suggested a special meeting to educate the community separate January 25, 2022 Villa Park City Council Meeting Minutes
from this meeting and to adopt the ordinance allowing them to protect neighborhoods as best as they can. She expressed agreement with City Manager Franks on the need to adopt something quickly so these protections take effect and then come back in the future to fine-tune the ordinance.
Mayor Zimmerman noted SB 9 and SB 10 were created to help developers and not neighborhoods. He advised developers will be able to make lots of money off of land through these laws.
In response to Mayor Zimmerman's inquiries, City Attorney Liftin confirmed SB 9 and SB 10 are already the law of the State and thus the law of Villa Park. He confirmed this ordinance is designed to restrict the laws.
Mayor Pro Tem Rossini advised Councilmember Collacott is aware these are state laws and this ordinance is a restriction done to the highest legally-acceptable degree. He expressed his belief that Councilmember Collacott is attempting to direct staff to educate the residents about the direct anticipated impacts on neighborhoods by the state laws and its open invitation to investors to take over the community. He noted Councilmembers Miles and Collacott are supporting the initiative to repeal SB 9 and SB 10. He reported he has spoken to City of Yorba Linda Councilmember Peggy Huang about this matter and is very concerned.
Mayor Pro Tem Rossini advised he is agreeable to moving this matter forward. He commended staff for adding the element of solar panels and stated he would support adding a requirement for transmission lines to be placed underground at the developer's expense. He noted the City is in a high fire risk zone and regularly experiences Public Safety Power Shutoffs (PSPS) outages. He advised it is fair to request those who only have a financial interest in the City to take the extra step of undergrounding transmission lines. He reported the City's streets are substandard and these developments should not be allowed within a mile of such a street.
City Attorney Liftin reported the laws include restrictions on the type of upgraded utilities and public service fees that can be assessed. He explained the proposed ordinance fills in these gaps where the City can. He noted it would not hurt to figure out if they can add the graded streets component or other areas although he reported he has not seen another City include this element. He advised there may be nexus concerns around undergrounding utilities and determining if a certain unit triggered the need for the action.
He explained this would require legal study before including it in the ordinance. He reported he would get back to Mayor Pro Tem Rossini before the second reading to see if it can be included and would not recommend adding the provision at this time.
Mayor Pro Tem Rossini clarified his reference to substandard streets is focused on their width and not on the Pavement Management Index. He cited the 19000 block of Mesa January 25, 2022 Villa Park City Council Meeting Minutes
Drive as a street where the width already creates issues with parking, traffic, and vehicular sightlines adjacent to a very-high fire hazard zone.
City Attorney Liftin advised the City's Building Official, through the objective standards of public health and safety, may be able to deny approval to an SB 9 project due to street unavailability for emergencies.
In request to City Manager Franks' inquiry, City Attorney Liftin clarified the ordinance has to be approved tonight close to verbatim of how it will stand at the second reading so this process does not have to start over again. He suggested City Council approve the first reading with direction to staff to have these potential additions ready to present at the time of the second reading. He advised City Council could then approve the ordinance next month and have an amendment ready to go instead of starting from scratch with a to until cad of stating from second first reading. He explained this would help implement the core of the ordinance as soon as possible.
In response to Councilmember Miles' inquiries, City Attorney Liftin reported it is unlikely the City could prohibit the number of developments per block. He advised the City has limited developments as much as possible through the restriction on jointly-owned adjacent properties. He confirmed there can be no limit on the number of urban lot splits per block.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Miles' motion, seconded by Mayor Pro Tem Rossini, to approve the ordinance was approved by the following roll call vote.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
3. Variance No. 2021-06 at 19391 Mesa Drive.
In response to Mayor Zimmerman's inquiry, City Manager Franks confirmed this item is being continued to the next meeting. He clarified it had to be included in the agenda since the City Council voted to continue it to this meeting. He explained the request to continue it to the next meeting was made by the applicant.
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City Attorney Liftin recommended City Council have a formal continuance motion so they do not need to re-notice.
Mayor Pro Tem Rossini's motion, seconded by Mayor Zimmerman, to approve the continuance was approved by the following roll call vote.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 4-11)
Councilmember Miles pulled Item Nos. 09 and 10.
something former Mayor Nelson championed.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Mayor Pro Tem Rossini, seconded by Mayor Zimmerman, and approved by the following roll call vote, to approve the balance of the Consent Calendar.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
4. November's and December's Cash and Investment Transparency.
The City Council received and filed the November and December Cash and Investment Transparency reports.
Request approval of City Council Minutes of December 14, 2021.
The City Council approved the City Council Minutes of December 14, 2021.
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6. Resolution 2022-3533 Authorizing SB 1383 Local Assistance Grant Program Application.
The City Council adopted Resolution 2022-3533.
Consideration of the Villa Park Community Services Foundation Appointments.
The City Council as a member of the Foundation re-appointed Ed Carter, Birgit Miller, Andie Mills, Beth Riley, and Rich Ulmer, for a two-year term expiring in January 2024.
8. Consideration of Committee Appointments.
The City Council re-appointed Dr. Lynne Doti, Joe McCarthy, and Brad Reese to the Investment Advisory Committee for a two-year term expiring in January 2424; and re- appointed Erik Reynolds and Jay Wasserman to the Law Enforcement Advisory Committee for a two-year term expiring in January 2024.
11. Support of AB1595 - Veteran's Cemetery, County of Orange.
The City Council approved the attached letter of support for AB 1595.
9. Authorization of Teleconferenced Meetings Pursuant to AB 341.
City Attorney Liftin reported jurisdictions were authorized to have remote meetings during the pandemic under Governor Gavin Newsom's Executive Orders. He reported those Executive Orders have been withdrawn and Assembly Bill (AB) 361 allows for continuing teleconferenced meetings if certain safety requirements are met due to the pandemic. He reported the California Department of Public Health has enacted masking requirements through February and California's pandemic State of Emergency remains in effect. He clarified a local emergency declaration is not required because the State's action allows the City to utilize AB 361. He clarified under the Brown Act, they need to make a finding supporting the need for teleconferenced meetings, reaffirmed every 30 days.
Councilmember Miles noted the title of the item lists AB 341 when it should be AB 361.
Councilmember Miles advised she is not in support of revisiting this matter every 30 days because there is no local emergency and a majority of residents have either been vaccinated or recovered from COVID-19. She noted the prevalent variants are much milder and social distancing standards can be met. She explained people are trying to resume their lives as much as possible while a virtual City Council meeting continues the concepts of anxiety and fear. She advised people can still be cautious, diligent, and January 25, 2022 Villa Park City Council Meeting Minutes
careful, but she does not see the need for the City Council to continue with AB 361 instead of the normal guidelines.
City Attorney Liftin clarified all the item does is facilitate this specific video conferenced meeting and does not need to be continued in perpetuity. He clarified without City Council approval of the item they would have to put the Councilmembers' addresses into the agenda so they could open their homes to residents wishing to attend the meeting if the City still wishes to conduct remote meetings.
Councilmember Collacott reported last year he moved to allow the continuation of participation in Council meetings via Zoom to allow for a Councilmember to still participate if they were out of town.
In response to Councilmember Collacott, City Attorney Liftin advised the City Council can always default to the normal Brown Act rules allowing for remote participation. He noted there are requirements such as a majority of the City Council having to be within the jurisdiction and post their location if not participating from the Council Chambers. He explained the location could be a hotel room in New York, for example.
In response to Councilmember Miles' inquiry, City Manager Franks clarified approving the invocation of AB 361 tonight does not impact the next meeting. City Attorney Liftin explained the type of meeting has traditionally been the Mayor's decision, subject to a majority vote of the city Council. He confirmed this item does not bind the City to anything beyond tonight. He explained next month the City Council could go back to meetings where Councilmembers have the option but are not mandated to teleconference in.
In response to City Manager Franks' inquiry, City Attorney Liftin confirmed this vote would only be in effect for 30 days. He explained the City Council would have to do this again at the next meeting if it is held virtually.
Mayor Zimmerman recommends passing the authorization to ensure tonight is covered.
He advised he intends to get back to in-person meetings. He noted the COVID-19 spike in Villa Park and advised several City staff members were impacted. He reported a very good friend of his recently passed away from COVID-19.
In response to Mayor Zimmerman's inquiry, Councilmember Miles advised she just wanted to make her comments and noted it does not mean she is not sensitive or cognizant of COVID-19 numbers. She explained her concern is specific to having to do this procedure every 30 days and encouraged everything to get back to normal.
In response to Mayor Zimmerman's inquiry, City Manager Franks confirmed there needs to be a motion to adopt the resolution.
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A motion was made by Mayor Zimmerman, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to adopt Resolution No. 2022-3536.
AYES: Collacott, Rossini, and Zimmerman
NOES: Miles
ABSENT: Pitts
ABSTAIN: None
10. Intent to Abandon a Trail Easement between Crestview Circle and Cannon Street.
City Manager Franks reported in 1973 an easement was approved for the parcel at 9662 Crestview Circle for a bridle trail. He advised the easement width varies from 10-30 feet wide with a length of 400 feet, and a 70-foot elevation difference creating a significant grade. He noted the site was never improved and remains in a state of disarray. He reported there is no continuous sidewalk and advised the owner has requested the City vacate the easement for better access to his property.
City Engineer M. Akram Hindiyeh reported the trail varies in width, is very steep, and has not been improved. He noted no one is utilizing the trail, advised is in an unacceptable condition, and not easily passable. He reported the property owner wants to improve the area and add a driveway as he is planning to build a second home on the property which extends east to Cannon Street.
City Engineer Hindiyeh reported utilities have been installed in the easement for the adjacent property. He advised staff recommends approving a resolution declaring the intent to abandon the easement. He reported there would be a public hearing at the next meeting to discuss the matter.
In response to Councilmember Miles' inquiries, City Engineer Hindiyeh could not state exactly how long the property owner has owned the property but confirmed it has been a long time. He reported it is a large lot and will meet the requirements to be split. He confirmed it would not be an ADU but rather a second parcel.
In response to Councilmember Miles' inquiries, City Manager Franks confirmed abandoning the easement and granting a permit to add the driveway are separate matters. He confirmed the usage is only a statement of the property owner's intent for the land. City Attorney Liftin clarified the vacation is only the City relinquishing its claims. He clarified tonight's item sets up a public hearing about vacating the easement and does not determine how the land can be used by the owner.
January 25, 2022 Villa Park City Council Meeting Minutes
A motion was made by Councilmember Collacott, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to adopt Resolution No. 2022-3534.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
NEW BUSINESS
12. Award of Engineering Design. Concept for FY. 2021-22 Annual Street Rehabilitation Project.
City Manager Franks explained this is the next step to move forward with the approved annual street rehabilitation project. He reported the City did a Request for Proposal (RFP) and received six qualified proposals. He reported the lowest bid was for $80,425 from Kabbara Engineering. He advised Kabbara has ample street rehabilitation experience throughout Orange County and Los Angeles County and recommended approval of the contract.
In response to Mayor Zimmerman's inquiry, City Manager Franks clarified the City needs to fix a drainage issue at the intersection of Serrano Avenue and Nichols Avenue and advised there are also pedestrian crosswalk issues at the intersection. He advised staff would like to include an option to study how a pedestrian traffic signal could improve this intersection near Villa Park High School.
In response to Mayor Zimmerman's inquiry, City Attorney Liftin advised him to recuse himself because he only lives three houses away from the intersection.
Mayor Zimmerman left the meeting.
Mayor Pro Tem Rossini opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Collacott reported Kabbara's owners have volunteered for the Infrastructure Management Advisory Committee and are excellent engineers. He expressed his pleasure they were the lowest bid
Councilmember Collacott reported since he first joined the City Council they have been regularly assailed by residents complaining about road conditions and noted the City never seems able to catch up. He expressed support for asking Kabbara to perform a January 25, 2022 Villa Park City Council Meeting Minutes
preliminary Asset Management Plan to assess how much it might cost to get all of the City's streets up to good shape and maintain them to a level of good shape in the future.
He noted street maintenance contracts will likely increase due to inflation, including the cost of asphalt due to rising crude oil prices. He explained the City will likely have to add maintenance to the major thoroughfares through the city, noting if they spent money for overdue work on Meats Avenue they could not afford any work on residential streets. He advised the City deserves good streets and they need to evaluate how much it will cost to provide these needs.
City Manager Franks agreed with the idea of an Asset Management Plan but cautioned six firms responded to the RFP and they should all be able to comment on one. He suggested issuing a separate RFP for an Asset Management Plan for a true cost estimate. He reported he intends to talk later in the meeting about how there is potential to be able to use some of the City's American Rescue Plan Act (ARPA) funds for roadwork on a discretionary basis. He agreed the Asset Management Plan RFP should be a priority and advised it can be brought back to the City Council as a separate issue.
Councilmember Collacott concurred.
City Engineer Hindiyeh reported the City Council has approved a contract to perform a pavement management update. He advised this should begin within the next month to evaluate the pavement conditions on all city streets. He reported the project will include creating a proposed schedule for all of the needed improvements based on available budgets. He noted this pavement management plan update could answer all of Councilmember Collacott's questions in May or June.
City Manager Franks stated the subject can be elevated and expanded upon.
City Manager Franks reported they received a written public comment from the Covington family residing on the corner of Serrano Avenue and Nichols Avenue He reported the Covington's do not want a traffic signal at the intersection, fearing a negative impact on their property value by making it appear like a larger intersection. He reported the letter called for sidewalks and street lights instead of a traffic signal.
City Manager Franks clarified they are not looking to put in a vehicular traffic signal but rather a means to ensure motorists know pedestrians are crossing. He advised they would also like to find a way to have pedestrians cross as a group instead of a lengthy stream of one or two at a time. He noted there would be a public review of any signal or pedestrian safety measure proposed for the intersection.
Mayor Zimmerman advised he would not want to see an overhead traffic signal at this intersection, but expressed support for something akin to what City Manager Franks was discussing, noting it would also go through a public hearing.
Councilmember Miles expressed support for staff in their recommendations.
January 25, 2022 Villa Park City Council Meeting Minutes
In response to Councilmember Collacott's inquiry, City Manager Franks confirmed staff will return with a separate RFP for an Asset Management Plan.
A motion was made by Councilmember Miles, seconded by Councilmember Collacott, and approved by the following roll call vote, to approve the award of an Engineering Design Contract for the PY 2021-22 Annual Street Rehabilitation Project to Kabbara Engineering and authorize the Mayor to sign a standard professional services contract on behalf of the City of Villa Park in a total amount not to exceed $80,425 (inclusive of the optional element for the design of pedestrian traffic signal at Serrano and Nichols).
AYES: Collacott, Miles, and Rossini
NOES: None
ABSENT: Pitts
ABSTAIN: Zimmerman
Mayor Zimmerman rejoined the meeting.
13. Coronavirus Response and Relief Supplemental Appropriations Act of 2021.
City Manager Franks reported the City is receiving $200,000 from the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 through the Orange County Transportation Authority (OCTA). He advised the City must identify a specific project for the funds. He recommended Cerro Villa Drive for the City's submission.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Collacott, nd approved by the following roll call vote, to approve Cerro Villa Drive as the stre roiect nomination to submit to California Transportation Commission throuah Oranc County Transportation Authority.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
ABSENT: Pitts
ABSTAIN: None
January 25, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman thanked Mayor Pro Tem Rossini for handling Item No. 12 well while he was recused.
CITY MANAGER REPORT
14. Information from City Manager and/or City Staff.
City Manager Franks reported the Housing Element update has taken up much of the staff's time. He advised there has been significant progress made on Villa Park Knowles and it should be completed not too far into the future.
City Manager Franks reported the City will be receiving $1.4 million from ARPA and the federal government has released the final spending regulations. He explained there is a standard deduction for potential revenue loss by a city of Villa Park's size. He advised this could potentially give the City an unexpectedly higher level of discretion over how to spend just over $1 million of the funds for General Fund-type uses. He explained this could potentially allow the City to address pressing needs such as the widespread road condition issues Councilmember Collacott discussed in Item No. 12. City Manager Franks advised he has been sifting through hundreds of pages of requirements with City Attorney Liftin and he will report back once this discretionary spending possibility is confirmed.
MAYOR AND COUNCILMEMBER MATTERS
15. Consideration of 2022 City Council Committee Assignments.
Mayor Zimmerman reported he has accumulated requests from Councilmembers into a fair proposal. He reported there was only one conflict and he selected Councilmember Miles over Councilmember Pitts for the Community Services Foundation because he had been in this seat for many years.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Collacott requested to be the lead on the Housing Legislative Committee.
Councilmember Miles agreed to the change.
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Collacott, and approved by the following roll call vote, to approve the Mayor's committee assignments for 2022 with the amendment to replace Councilmember Miles with Councilmember Collacott on the Housing Legislative Committee.
AYES: Collacott, Miles, Rossini, and Zimmerman
NOES: None
January 25, 2022 Villa Park City Council Meeting Minutes
ABSENT: Pitts
ABSTAIN: None
16. Individual Councilmember Information Items.
Councilmember Miles commended all responsible for the successful Boat Parade, Winter Wonderland, and Santa Tour. She reported she was asked and honored to host an event at her home on Saturday to support the Our Neighborhood Voices ballot initiative to repeal SB 9 and SB 10. She reported City of Redondo Beach Mayor Bill Brand and Councilmember Huang attended the event along with a Zoom appearance by Our Neighborhood Voices Chair John Heath.
Mayor Pro Tem Rossini thanked all of the community volunteers and Councilmembers for their efforts to lead the City. He commended the work Councilmember Miles did as Mayor last year.
Mayor Zimmerman confrented that koan be daunting to sit on a City Council with former Mayors Collacott, Miles/ and Pitts but noted the encouragement he has received from each has made it easier and expressed his appreciation to them. He commended each for their work as Mayor in their respective years, noting the work of Councilmember Miles in a particularly challenging year. He pledged to do his best to represent the City.
ADJOURNMENT
The meeting was adjourned at 8:54 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, February 22, 2022. had Ar
Chad Zimmerman, Mayor
ATTEST:
City of Villa Park
Note: The above minutes are a summary of actions. A DVD recording of this meeting additionally serves as an official record and is available upon request from City Hall.