ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
June 28, 2022
Regular Meeting
SPECIAL SESSION
6:00 p.m. - City Council Chambers / Conference Room
CALL TO ORDER / ROLL CALL
COUNCILMEMBERS
PRESENT: Collacott, Miles, Pitts, Rossini, and Zimmerman ABSENT: None
ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING
Conference with Legal Counsel - Existing Litigation. Government Code Section 54956.9(d)(1).
Name of Case: City of Villa Park v. Nguyen
Case Number: Orange County Superior Court Case No. 22CM03591
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Zimmerman called the General Session to order at 6:31 p.m.
COUNCILMEMBERS
PRESENT: Collacott, Miles, Pitts, Rossini, and Zimmerman ABSENT: None
REPORT FROM CLOSED SESSION
City Attorney Todd Liftin reported the City Council discussed one item on its Closed Session Agenda with no reportable action. He advised the City takes the issue of short- term rentals very seriously, follows up once it learns of their existence, and will file criminal complaints such as the one discussed in Closed Session. He explained the City was informed of an event on Saturday at 18462 Villa Drive and reported the City will do what June 28, 2022 Villa Park City Council Meeting Minutes
it can to ensure the event does not consist of any illegal actions. He noted the event has been postponed according to online reports, however the City will follow up on Saturday.
INVOCATION/DEDICATION
Mayor Zimmerman led an invocation encouraging residents to serve their communities for the good of the future.
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Councilmember Miles.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Villa Park Distinguished Citizen
Mayor Zimmerman reported every June there is a transition of power in the Villa Park Women's League and Rotary Club of Villa Park. He recognized Villa Park Women's League outgoing President Eva Wyszkowski and incoming President Risa Scott. He reported Rotary Club of Villa Park outgoing President Vito Canuso III and incoming President Robert Frackelton were unable to attend the meeting. He lauded the work of both organizations in the community.
Ms. Wyszkowski reported the spirit of the Women's League overcame the pandemic and expressed her pleasure in living in Villa Park.
Ms. Scott stated she and her family feel lucky to be Villa Park residents. She commended the Women's League for the networking opportunities it provided while relocating to the City. She reported the Women's Leagues' two themes for the upcoming year will be "It Takes a Village" and "Villa Park Proud" with the latter focusing on younger generations.
Councilmember Pitts reported he and his wife immediately became immersed in the Villa Park Women's League upon moving to the City 22 years ago. He commended the Women's League for being an amazing institution doing a lot for the City. He added his wife is a past-President.
• Orange County Sheriff's Department
Orange County Sherriffs Department (OCSD) Captain Gary Knutson reported cybercrime continues to threaten businesses and residents Statewide with 67,095 reported victims in 2021 accounting for $1.2 billion in losses. He stated that OCSD has a dedicated cybercrimes unit and cybercrime training is provided to field deputies. He encouraged residents to maintain good email safety practices, businesses to use a two- factor authorization process, and all computer users to keep their software updated for June 28, 2022 Villa Park City Council Meeting Minutes
the latest patches. He listed many common signs in unsolicited messages and simple techniques to recognize if a message is potentially troublesome.
Captain Knutson reported the total number of calls for service in May was 267, including a grand theft on the 19000 block of Valley Drive, petty theft on the 9000 block of Loma Street, a vehicle burglary on the 9000 block of Henderson Way, a vandalism on the 9000 block of Brewer Way, an assault on the 17000 block of Serrano Avenue handled by a School Resource Officer, a domestic dispute on Sterling Avenue, and a domestic battery incident on Featherhill Drive.
Captain Knutson reported three traffic collisions, 19 parking citations, 15 traffic citations issued by the patrol deputy, and 18 traffic citations issued by enhanced traffic enforcement.
Captain Knutson reported there will be additional patrols over the Fourth of July weekend and encouraged residents to stay safe.
• Orange County Fire Authority
Orange County Fire Authority (OCFA) Chief Baryic Hunter reported there have been two structure fires, a dumpster fire, and two vegetation responses. He reported eight checks for odor checks for smoke, adding they are good things. He noted OCFA expects a lot of activity around the Fourth of July. He called for residents to help proactively prevent wildfires from fireworks. He encouraged residents to continue making odor calls so the OCFA can perform smoke checks just in case they become fires. He reported on how the OCFA is preparing for the Fourth of July weekend along with wildfire season.
Councilmember Pitts encouraged residents to stay safe with their fireworks due to the dry vegetation.
• Councilmember meeting attendance reports:
• Orange County Mosquito & Vector Control District
• Councilmember Miles reported a June 16th meeting.
• She reported national Mosquito Awareness Week was held June 19-
25. • She reported a West Nile-positive mosquito sample was found in the City of La Habra and the County has only seven typhus cases with no increases.
• She reported June 15'h was the grand opening of a revamped mosquito exhibit at the Discovery Cube Orange Country designed to get kids more involved in mosquito prevention.
• Orange County Sanitation District
Mayor Zimmerman reported two meetings were held.
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• He commended the work of outgoing Board Chair John Withers. • He reported Heal the Bay report cards show A-plus ratings for Southern California beaches.
Orange County Fire Authority
Mayor Pro Tem Rossini reported a June 23rd meeting.
He reported the board approved $9.7 million for a fire intelligence system to help mitigate the fire climate.
• He reported the 2022 Quick Reaction Force (QRF) Program was approved for firefighting aircraft, largely funded by Southern California Edison.
• He reported a Memorandum of Understanding with the Orange County Fire Fighting Association was also approved. He added there were Closed Session negotiations with other groups and stated he is mindful of the changing economy in forecasting future surplus forecasts.
• Chief Hunter lauded the fire risk intelligence program in helping the OCFA plan evacuations and firefighting tactics based upon the directions the fire is most likely to spread. He added it can also be used for mudslides.
• Chief Hunter added the QRF was recently featured on "60 Minutes" and spoke of the program's efficiency in fighting fires. • Orange County Library Advisory Board
• Councilmember Pitts reported there was a May 29th Board meeting to adopt the fiscal year operating budget of $78.5 million, a capital budget of $10.4 million and general reserve fund of $6.3 million. He added the budget assumes a 3.75% increase in property tax. • He reported the Library is concerned about societal issues and is looking into programming to help combat them.
• He reported meeting with County Librarian Julie Quillman to convey concerns from Friends of the Villa Park Library and added she will schedule a joint call to discuss the concerns.
• Orange Unified School District City Schools Committee • Mayor Zimmerman reported no meeting was held.
• He added each of the City's schools are having solar rays installed over the parking lots. He added a request has been made to have Orange Unified School District report about them at the July Council meeting.
• Mayor Pro Tem Rossini commended the project.
In response to Mayor Pro Tem Rossini's inquiry, Mayor Zimmerman was unaware of the funding source.
Law Enforcement Advisory
• Mayor Pro Tem Rossini reported no meeting was held.
Villa Park Community Services Foundation
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• Councilmember Miles reported a June 22nd meeting she accidentally did not attend and apologized for her absence.
• She reported details of the Fourth of July parade.
• She reported Concert in the Park returns on July 8th at Villa Park High School Amphitheatre with a Beach Boys tribute band.
• Housing Legislative Committee
• Councilmember Collacott reported no meeting was held.
Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported she was unable to attend the last meeting due to a personal conflict.
She reported the meeting was brief and focused on numbers for Mercy House.
• Senior Citizens Advisory Committee
• Councilmember Miles reported no meeting was held.
PUBLIC COMMENTS
Mayor Zimmerman reviewed the rules of decorum.
Mayor Zimmerman opened public comments.
Donna Buxton reported many trees were removed to make way for the solar panels at Cerro Villa Middle School and expressed her disappointment in the area's drab appearance. She encouraged Mayor Zimmerman to ask OUSD to be prepared to discuss landscaping options if they report about the solar panels in July. She reported a review of the three crosswalks on Dodson Way revealed consolidation is appropriate. She added the automated crosswalk is still in the works for the intersection of Nichols Ave. and Serrano Ave. but there has been a delay in the design. She stated she is working on neighborhood communication. She thanked the Council for the opportunity to work with the City on these matters.
Ms. Buxton stated she is representing Kathy Tracy in requesting the schedule for roadwork on Churchill Lane and Squires Circle.
City Manager Franks reported the City is in the design phase and expects the project to go out to bid later in the summer. He added there is no construction contract at this time so he cannot provide a date for when work will begin.
Mayor Zimmerman closed public comments.
PUBLIC HEARINGS
2. Waive reading in full of all ordinances and resolutions on the agenda.
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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 Mayor Pro Tem Rossini, seconded by Councilmember Collacott, 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 AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
Consideration of the Fiscal Year 2022-23 Operating Budget and Seven- Year Capital Improvement Program; Appropriating Revenue and Establishing the Appropriations Limit for Fiscal Year 2022-23; and Amending the Salaries and Benefits Resolution.
City Manager Franks reported on the progress of drafting the Fiscal Year 2022-23 budget and recommended adopting the applicable resolutions 2022-3549 and 2022-3550. He thanked all involved in pulling the document together. He noted there is a completely online version for residents to access. He lauded retiring Finance Director Jim Gorzo for his service to the City.
Finance Director Gorzo thanked City Manager Franks for the opportunity and assured the Council the City is in good hands with incoming Finance Director Lee Siow.
Councilmember Miles and her peers thanked the staff.
Mayor Zimmerman opened the public hearing.
Treasurer Bill Underwood thanked the City's financial staff and commended City Manager Franks for assembling the financial team over several iterations.
Mayor Zimmerman closed the public hearing.
Councilmember Miles' motion, seconded by Mayor Pro Tem Rossini, to approve and adopt the item was approved by the following roll call vote.
June 28, 2022 Villa Park City Council Meeting Minutes
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
Second Reading of Ordinance 2022-626 Adding Article 9-3 ("Electric Vehicle Charging Stations") to Chapter I of the Villa Park Municipal Code to Expedite Permitting for Electric Vehicle Charging Per State Law.
City Manager Franks reported the first reading occurred in May. He stated the ordinance is to allow the City to comply with Assembly Bill 1236 requiring all cities and counties to develop an expedited and streamlined permitting process for electric vehicle charging stations. He reported no changes have been made since the May reading. He recommended approval.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed
Mayor Pro Tem Rossini's motion, seconded by Councilmember Pitts, to approve the second reading and adopt ordinance 2022-626 was approved by the following roll call vote.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
City Manager Franks reported the ordinance will go into effect in 30 days.
5. Introduction of Ordinance No. 2022-627 Pertaining to the Unlawful Possession of a Catalytic Converter (Requested by Mayor Chad Zimmerman and Mayor Pro Tem Vince Rossini).
City Manager Franks noted Captain Knutson has reported catalytic converter thefts have become a large industry. He added many cities are passing similar ordinances to assist law enforcement. He reported no ordinance can prevent thefts but this ordinance defines lawful possession to add a tool for law enforcement to use. He stated staff recommends approval.
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Mayor Zimmerman stated this is something the City can do to help prevent illegal possession and pledged to do whatever else they can legally to prevent catalytic converter theft.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
Councilmember Pitts added residents can take their cars to maintenance shops and have a unique identifier etched onto their catalytic converters for identification purposes if recovered by law enforcement.
Councilmember Pitts' motion, seconded by Councilmember Collacott, to introduce the ordinance and schedule a second reading and adoption for July 26, 2022, was approved by the following roll call vote.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 6-11)
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Councilmember Pitts, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to approve the balance of the Consent Calendar.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
May's Cash and Investment Transparency.
The City Council received and filed the May Cash and Investment Transparency reports.
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7. Request approval of City Council Minutes of May 16, 2022.
The City Council approved the minutes of May 16, 2022.
8. Request approval of City Council Minutes of May 24, 2022.
The City Council approved the minutes of May 24, 2022.
Declaration of Surplus Property and Authority to Dispose - Two City Vehicles.
The City Council declared the two vehicles as surplus and authorized the City Manager to arrange for their disposal.
10. Contract with Tropical Plaza Nursery.
The City Council approved the agreement with Tropical Plaza Nursery.
11. Measure M2 Annual Funding Eligibility FY 2022-23.
The City Council approved the seven-year Capital Improvement Plan, the City's Pavement Management Plan Update, adopted Resolution 2022-3551, and authorized staff to submit Measure M2 funding eligibility requirements on behalf of the City in order to continue to receive Measure M2 funds.
NEW BUSINESS
12. Consideration of Resolutions Pertaining to the General Municipal Election on Tuesday, November 8, 2022.
City Manager Franks reported adopting these resolutions is the first step towards holding the General Municipal Election on November 8, 2022. He advised the City will have three City Council seats open and recommended approval.
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, and approved by the following roll call vote, to adopt the resolution as presented.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
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ABSENT: None
ABSTAIN: None
13. Award of Contract - Sewer Rehabilitation Project.
City Manager Franks reported the City was contacted by the property owner at 9431 Hunting Circle due to a regularly clogged sewer. He added the property owner reviewed the matter and found a clog in a line owned by the City. He noted the City has not found the same issue but agreed with the property owner on a need to inspect the problem to see whether the clog is in the responsibility area of the City or the property owner. He added it will be relatively expensive due to the depth of the pipes.
Planning Manager Ray Pasqua reported one side of the manhole is 13 feet deep and the other side is 18 feet deep.
City Manager Franks advised it is possible for the City to be responsible for a joint that is broken. He explained some work was done on the line a couple of years ago. He advised the property owner is willing to share costs for repairs to the extent it is his responsibility.
He recommended approval of the contract.
In response to Councilmember Miles' inquiry, City Manager Franks reported there have been multiple conversations where the property owner expressed a willingness to share costs. He added if the clog is found to be in the property owner's jurisdiction, then there is no legal need to have a written assurance. He stated the problem appears to be at the joint where the City's sewer line connects to the property. Planning Manager Pasqua added the lateral line to the property looks clear but the sewage is not reaching the City's main sewer line and this requires investigation. City Manager Franks noted there could several reasons for the clog and added the City has a vested interest in fixing it.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Councilmember Collacott, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to approve the item.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
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14. Adopting FY 2022-23 Street Project List for SB-1 Road Maintenance and Rehabilitation Account (RMRA).
City Manager Franks reported under Senate Bill 1 the City has to provide the State with a listing of street projects and funding sources. He added the City has identified one project consistent with the funding amount being offered by the State and this item's approval will allow the City to receive those funds. He recommended approval.
In response to Mayor Pro Tem Rossini's inquiry, City Attorney Liftin stated the sphere of concern for this item is 1,000 feet.
Mayor Pro Tem Rossini recused himself out of an abundance of caution because his home is most likely within 1,000 feet.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Councilmember Miles, seconded by Councilmember Collacott, and approved by the following roll call vote, to approve the amendment.
AYES: Collacott, Miles, Pitts, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: Rossini
Mayor Pro Tem Rossini returned to the meeting.
15. Award of Contract - Sewer Line Cleaning & Emergency Services.
City Manager Franks reported the City has a responsibility to clean the sewer lines regularly and does a portion of the system annually to help balance costs. He reported the City received three bids with the lowest being from Empire Pipe Cleaning and Equipment Inc. He added this is a three-year contract for $98,200 and the City's engineers will pass along the annual sections for cleaning once approved. He stated staff recommends approval.
In response to Councilmember Miles' inquiry, City Manager Franks clarified there will be three sections. Planning Manager Pasqua added the City has not yet determined which areas will go in which years and this will be determined after the contract is awarded.
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In response to Councilmember Miles' inquiry, City Manager Franks clarified the bids are based upon the number of feet of pipes the bidders would have to clean over the life of 27,000 feet each year.
In response to Councilmember Miles' inquiry, Planning Manager Pasqua stated the City has a report identifying which areas are in the worst condition.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made by Councilmember Collacott, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to execute the contract AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
CITY MANAGER REPORT
16. Information from City Manager and/or City Staff.
City Manager Franks reported the focus of staff for the past month has been on the budget and Housing Element.
City Manager Franks reported the Villa Park Knowles will be dedicated tomorrow at 9:00 a.m. with everyone welcome to attend. He added early reviews of the park have been positive. He added the gate on Fitschen Ranch Road has been held open due to a broken hinge and a new part is being ordered with completion expected within a week.
City Manager Franks reported the City's fireworks stands will be open. He discouraged the use of illegal fireworks, noting that OCSD will have additional patrols over the weekend. He encouraged residents to call OCSD if they see something needing to be reported
In response to Mayor Zimmerman's inquiry, City Manager Franks stated the Council is free to discuss doing more at the Fitschen Ranch Road park entrance. He stated it June 28, 2022 Villa Park City Council Meeting Minutes
predates his tenure with the City but his understanding is a locking gate was a compromise after considerable public input.
In response to Councilmember Pitts' inquiry, City Manager Franks stated his belief is there was opposition at the time to having the gate locked at certain times. He advised the City Council can always reassess the gate.
In response to Mayor Zimmerman's inquiry, City Manager Franks confirmed the City Council can add the gate to a future agenda.
Mayor Zimmerman stated he would like to see it on the Agenda.
Councilmember Miles agreed, noting it is important to listen to residents. She added residents come and go and she would like to hear input from the current residents.
City Manager Franks recommended adding the gate to the August agenda to allow more time to notify residents. He noted many residents are known to vacation in July as well with school out for the summer.
Mayor Zimmerman agreed with City Manager Franks' August recommendation.
MAYOR AND COUNCILMEMBER MATTERS
17. Individual Councilmember Information Items.
Councilmember Miles wished residents a safe Fourth of July and reminded residents they can only light fireworks from 10:00 a.m. until 10:00 p.m. on July 4th. She reported hearing unsafe fireworks set off last year and encouraged residents to talk to their neighbors about using safe fireworks. She added she is looking forward to seeing everyone at the parade.
Mayor Zimmerman stated he is looking forward to the parade and concert. He reported giving Serrano Elementary School's kindergarten students tours of City Hall on May 26th.
He thanked OCSD for assisting. He reported presenting Rotary awards to graduating high school students. He reported attending the Villa Park High School graduation, commending the work of OUSD.
Mayor Pro Tem Rossini stated he looks forward to seeing everyone at the parade. He wished everyone a safe holiday weekend both with fireworks and driving. He thanked Chief Hunter and other OCFA staffers for getting overdue air conditioning and window enhancements made to Station 23.
Councilmember Pitts thanked City Manager Franks and staff for their hard work over the past couple of months between the budget and Housing Element. He commended City Manager Franks for his guidance and expressed hope that HCD will approve the Housing June 28, 2022 Villa Park City Council Meeting Minutes
Element. He thanked Finance Director Gorzo for all he did for the City throughout his tenure and welcomed incoming Finance Director Siow to the City.
ADJOURNMENT
The meeting was adjourned at 7:48 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, July 26, 2022.
Chad Zimmerman, Mayor
City of Villa Park
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.