ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
September 27, 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 6:32 p.m.
COUNCILMEMBERS
PRESENT: Collacott, Miles, Pitts, Rossini, and Zimmerman ABSENT: None
INVOCATION/DEDICATION
Robert Frackelton, Villa Park Rotary President, led the invocation.
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Orange County Fire Authority (OCA) Chief
City Attorney Liftin reported the City has received information yesterday about potential future litigation and requested the City Council add a Closed Session item to the end of the City Council meeting for discussion.
A motion was made by Councilmember Pitts, seconded by Councilmember Miles, and approved by the following 4/5ths vote, to add a Closed Session item pursuant to Government Code 54956.9(d)2, significant exposure to litigation against the City.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS L • Villa Park Distinguished Citizen
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman recognized Lesslie and Peter Giacobbi as the Villa Park Distinguished Citizens for September and provided highlights of their professional career including their early careers in Italy and Detroit, before setting into Villa Park. He reported the Giacobbi's were founding members of the Villa Park Rotary Club. He advised the Giacobbi's bring a diverse worldview to the City and encouraged residents to celebrate them.
Ms. Giacobbi thanked the City Council for its recognition. She encouraged all female residents to receive their annual mammograms and told the story of her recent breast cancer surgery. She noted how much she loves being a part of the Villa Park community.
Mr. Giacobbi thanked the City Council for its recognition and explained how they ended up living in Villa Park.
Pat Buttress, Community Liaison for Orange County Supervisor Don Wagner, presented the Giacobbi's with a Certificate of Appreciation on behalf of Orange County. • Hunger Action Proclamation
Mayor Zimmerman recognized September as Hunger Action month to raise awareness for food and nutritional insecurity.
Malia Cary, Government and Public Affairs Coordinator for Second Harvest Food Bank of Orange County, accepted the proclamation and provided a brief overview of the work for the Orange County Hunger Alliance.
• Villa Park Library
Kristina Jones, Branch Manager, reported a new Children's Librarian and Library Assistant recently started at the Library. She advised Family Storytime will be held on Saturdays at 10:00 a.m. and Baby and Toddler Playtime on Tuesdays from 10:30 a.m. to 11:30 a.m. She announced a Spooktacular Fun! Event will be held on October 1gth from 4:00 p.m. to 5:00 p.m. She reported submissions for the John Wayne Airport Student Art Contest will be accepted until October 27. She announced the In-N-Out Burger cover to cover reading program will begin on October 1st 1. She reported Book Chat Group will be on Wednesdays at 11:00 a.m. She noted the Orange County Library received a National Endowment for the Arts award with several events being planned.
She provided a brief overview of available online and virtual programming. • Orange County Sheriff's Department
Orange County Sherriffs Department (OCSD) Captain Gary Knutson reported that OCSD is currently focusing on school safety, drugs and fentanyl use, personal safety, and state legislation. He commended the City for having a full-time Student Resource Officer. He reported that OCSD established the School Mobile Assessment and Resource Team (SMART) in 2001 and reported it is utilized in for any threats in the schools. He advised September 27, 2022 Villa Park City Council Meeting Minutes
SMART reported to over 300 threat assessments in FY 2021/22 with the majority being minor. He noted there are 16 Student Resource Officers (SROs) across the region. He reported a Villa Park deputy was awarded a commendation for their response to an incident in the city.
Captain Knutson reported the total number of calls for service in August was 256, including a grand theft on Aberdeen Lane, four residential burglaries including a stolen vehicle, three vehicle vandalism, four assault and battery reports at the schools, two vandalisms, four narcotic violation arrests, and one arrest for drunk while in public.
Captain Knutson reported one drunk driving arrest, six traffic collisions, five parking citations, 8 traffic citations issued by the patrol deputy, and 8 traffic citations issued by enhanced traffic enforcement.
Deputy McDermott encouraged residents to monitor their children's social media use and noted many of the altercations begin on social media, especially at the junior high and high school levels. He noted officers have increased traffic enforcement in front of the schools to encourage safe driving by students and parents alike.
Councilmember Miles inquired if there are any applications available for parents to monitor their children's social media use. Deputy McDermott noted many applications will monitor the use and many routers can turn off internet access at certain intervals to limit Wi-Fi access.
Captain Knutson encouraged parents to not give up control of their children's technology by knowing the passwords and laying the groundwork for responsible use.
Councilmember Pitts advised many social media applications have limits that can be set for a user under age users.
Councilmember Miles clarified some applications are disguised to look like ordinary applications such as a calculator function.
• Orange County Fire Authority
Orange County Fire Authority (OCFA) Chief Baryic Hunter reported that OCFA has responded to 43 incidents since the last meeting. He noted one fire of significance was a working structure fire and noted there was extensive storage inside and outside of the home.
Chief Espinosa that September is National Disaster Preparedness month and encouraged residents to create a family disaster plan. He also encouraged residents to consider participating in the Community Emergency Response Team (CERT) program to train for basic disaster response. He advised emergency kits should include enough water and food for 7 to 10 days and to prepare kits for use while at work. He September 27, 2022 Villa Park City Council Meeting Minutes
encouraged residents to visit OCFA.org for additional information and to register with Alert OC at https://alertoc.com to keep informed of any local emergencies. • Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District
• Councilmember Miles reported a attending both a Budget and Finance Committee meeting and a General Meeting on September 15th
• She advised funds were approved for the Sterile Insect Technique (SIT) pilot program and the West Nile Virus was discussed.
She reported two West Nile human infections in Orange County and noted the flea-borne typhus increased to 17.
• Orange County Sanitation District
Mayor Zimmerman reported attendance at two meetings since the last City Council meeting.
He reported OCSAN General Manager Jim Herbert will retire on February 29, 2023 and noted an ad-hoc selection committee will convene to search for a replacement.
• He reported service charges will begin being charged for those that were previously uncollected.
• He reported the Administration Building is undergoing continuous construction.
• Orange County Fire Authority
• Mayor Pro Tem Rossini reported attending the September 22nd General Session meeting.
• He reported there were two closed session contract-related items and noted firefighters deserve a fair wage. He thanked all the firefighters in attendance for their service.
• He reported two S-70 Fire Hawk helicopter was approved for the purchase price of $70 million over 15 years and will take receipt of the helicopter in the next 12 months.
• He advised funds for increased security for the Regional Fire Operations & Training Center (RFOTC) were also approved and included some facility improvements.
• Orange County Library Advisory Board
• Councilmember Pitts reported no meeting was held.
• Orange Unified School District City Schools Committee 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 Miles reported attendance at a meeting on August 24". She reported Diwali will be celebrated on October 24h, the Menorah Lighting with Rabbi Shuey on December 21st, the Santa Tour on will be held on December 3rd, the Dry Land Boat Parade will September 27, 2022 Villa Park City Council Meeting Minutes
be held on December 11t. Lastly she noted Halloween Fest will take place on October 29th
• She reported the Villa Park City Council Candidate Forum will take place on October 5th at 7:00 p.m.
• Housing Legislative Committee
• Councilmember Collacott reported no meeting was held. • Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported no meeting was held.
• Senior Citizens Advisory Committee
• Councilmember Miles reported attendance at a meeting on September 21st
• She reported Stephanie von Meeteren spoke to the committee about Yoga Therapy and its benefits for seniors.
• She reported Picerne Family Foundation's Artist Outreach Project is grant opportunity for artist over 55 years old to work with underserved members of the community. She encouraged interested senior residents to obtain additional information at
https://picernefoundation.org/programs/artist-outreach-project/.
PUBLIC COMMENTS
Mayor Zimmerman reviewed the rules of decorum.
Mayor Zimmerman opened public comments.
Sami Soto, Fire Communication Supervisor, reported she has been with OCFA for 15 years and represents the support staff which is in turn represented by the Orange County Employees Association (OCEA). She advised that OCEA has been without a contract for 14 months. She noted an offer was made but was far too low given existing inflation. She encouraged the City Council to discuss the topic with Mayor Pro Tem Rossini to provide feedback to OCFA to help get them back to the negotiating table.
Jessica Salazar, OCEA, reported that OCEA represents 18,000 members in Orange County. She noted that OCEA members keep Villa Park residents safe by supporting Fire and Paramedic response services in addition to providing safety, fire, and drowning education skills. She encouraged the City Council to encourage their OCFA JPA Board member to show gratitude for the OCFA members by supporting a fair wage increase.
Steve Kriha, Vice President of Orange County Professional Firefighters (IAFF Local 3631), reported on April 18th that the sent a list of concepts to the OCFA JPA board for consideration. He noted the board believed the list to be all-inclusive ask and advised in July the negotiating team send a proposal to the board. He advised negotiations are almost at a standstill even after negotiating for over one year. He explained the increase in the Consumer Price Index (CPI) has caused a 9.1% cut in pay this year alone. He September 27, 2022 Villa Park City Council Meeting Minutes
reported many members make up this deficit by increasing the amount of overtime worked increasing workers' compensation and mental health cases. He noted for the first time, they are seeing members leaving for other agencies or abandoning the fire service altogether. He expressed concern regarding the recent helicopter purchase and noted the department cannot afford to pay its members a fair wage, let alone purchase two new helicopters. He encouraged the City Council to support those working on the front lines to keep the community safe by encouraging the OCFA JPA board to approve an honest contract.
Justin Dillon, Vice President, IAFF Local 3631, reported that after 13 months of negotiating the OCFA JPA board came back with a contract slightly above 0%. He noted other agencies have adjusted their wages to reflect the increase in inflation and the cost of living. He expressed concern for future recruitment and retention. He reported the most recent academy only netted 19. He advised two recent graduates who left OCFA to return to their previous departments due to the pay. He reported mental health issues have increased and expressed concern for the future of the department. He encouraged the City Council to encourage the OCFA JPA board to bring forward a fair and equitable contract.
Kathy Tracy, a resident, expressed concern regarding the condition of Churchill Lane and Squire Circle. She inquired if the city was recently sprayed for mosquitos.
Councilmember Miles reported she will inquire with Orange County Mosquito and Vector Control regarding the schedule for spraying for mosquitoes.
Mayor Zimmerman encouraged residents to call City Hall regarding any questions regarding mosquito spraying
Pat Buttress, President, Orange County Rotary Club, reported they will be hosting its 4th annual RibFest fundraising event from 12:30 p.m. to 4:30 p.m. at Chapman Craft Beer.
She encouraged residents to attend the event.
Mayor Zimmerman thanked all of the OCFA members in attendance and thanked them for the large turnout.
Mary Beth Nelson expressed concern regarding the City's Zoning Code and lack of standards referencing some recent variance discussions at the City Council meeting. She encouraged the current and future City Council to be careful in approving variances for large structures.
Councilmember Miles thanked OCFA members for their service and attendance at the City Council meeting
Mayor Zimmerman closed public comments.
September 27, 2022 Villa Park City Council Meeting Minutes
PUBLIC HEARINGS
1. 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 Mayor Pro Tem Rossini, seconded by Councilmember Miles, 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, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
2. Variance No. 2022-06 - 14891 Santiago Boulevard
Councilmember Miles recused herself from the item as she lives within 500 feet of the residence.
Planning Assistant Justin Urbanski reported the item is an application for a new wooden fence and a small block wall along the front property line along with a proposed electric and manual gate. He reported the existing wooden fence measures 6' 4" in height and that the proposed electrical and manual driveway gates would span 56 inches and 57 inches in height respectively. He explained that under the Zoning Ordinance, walls and fences with the first 20 feet of the property line must adhere to the 42-inch height limitation. He advised the Applicant is requesting approval for an after-the-fact variance for an existing fence measuring 76 inches in height which is a deviation of 34 inches.
Planning Assistant Urbanski reported the Applicant submitted the variance for several reasons including the fact the property is slightly recessed from the existing bridal trail, is only one of three properties between Wanda Road and Center Drive, and that an average of 4,500 vehicles pass in front of the home daily based on a 2014 Traffic Study. He advised the Applicants have reported several instances of pedestrian and vehicle trespassing on the property including a recent report of a vehicle using their driveway as a parking spot. He explained the house and barn structures are legal-nonconforming and that the front yard functions as their backyard. He reported public hearing notices were posted and mailed to the most current property owners within 300 feet of the property and September 27, 2022 Villa Park City Council Meeting Minutes
ten calendar days before the City Council meeting. He advised he has received 8 letters of support for the variances and no letters of opposition have been received.
Planning Assistant Urbanski advised the Engineering Department expressed concern regarding traffic given the amount of wait time for the gates to open before entering the property.
Mayor Pro Tem Rossini inquired about the current phase of the project. Planning Assistant Urbanski reported the fence and small wall have been constructed but the driveway gates are awaiting approval. He explained staff noticed construction had begun and placed a Stop Work Notice on the property.
Mayor Pro Tem Rossini noted the property procedures were not followed for construction.
Committee Member Pitts inquired whether there was a discussion regarding the fence with the Applicant. Planning Assistant Urbanski reported the Applicant wanted it higher due to privacy and security concerns.
Councilmember Collacott inquired if the Applicant had come before the City Council before building the 76-inch fence, their application would have been denied and they would have been required to request a variance. Planning Assistant Urbanski confirmed that was the scenario.
Councilmember Collacott inquired if there was any obstruction of the line of sight due to the construction. Planning Assistant Urbanski confirmed and advised there is no obstruction.
Councilmember Collacott inquired if they had begun construction before obtaining a permit. Planning Assistant Urbanski clarified they had applied for a permit but began construction before the permit was approved.
Mayor Pro Tem Rossini inquired about the height of the current fence and the purpose of the block wall. Planning Assistant Urbanski reported the fence is 76 inches or 6' 4" in height. He deferred to the Applicant for the answer but understood it to be for decorative purposes.
Jenny Mendez, the Applicant, offered apologies to the City Council for constructing the fence. She advised they are first-time homeowners and misunderstood the process. She explained the fence was painted to prevent any rotting of the wood. Austin Yzaguierre, the Applicant, provided a brief overview of the plans for the planters in front of the property. He noted the staff member he worked with also took a level of responsibility for the error.
Mayor Pro Tem Rossini inquired if the error was evidenced in emails. Ms. Mendez advised there were email and verbal conversations exchanged.
September 27, 2022 Villa Park City Council Meeting Minutes
Ms. Mendez's mother approached the City Council and advised the property is on a major boulevard. She recalled an incident when a homeless resident chased her granddaughter across the street. She noted there are usually loiterers in front of the house daily. She encouraged the City Council to support the variance for privacy and security purposes.
Mayor Zimmerman inquired if the Applicant would like to introduce any additional information. Ms. Mendez advised she provided justification materials to staff. She also noted they are happy to work with staff on the setbacks.
Mayor Pro Tem Rossini inquired if there was any irregularity to the lot. Planning Assistant Urbanski advised the lot is regularly shaped.
Mayor Zimmerman inquired about the height of the fence and what would be seen from the street. Planning Assistant Urbanski explained the height of the fence would be less than 61 inches as seen from the street due to the height of the bridal trail.
Councilmember Collacott inquired about the maximum height for the fence. Planning Assistant Urbanski advised the maximum height limit is normally 42 inches.
Ms. Mendez explained the yard area is adjacent to a driveway on either side and has a significant slope. She advised the fence was designed to keep the level of the fence consistent given the slope.
Councilmember Collacott inquired if the level fence is taller than 42 inches. Planning Assistant Urbanski confirmed it is taller than 42 inches.
Councilmember Pitts noted the two issues at hand are the 20-foot setbacks and the fence.
He inquired if the setback would be beyond 20 feet if the Applicant removed the block wall and the planters. Planning Assistant Urbanski confirmed it would not be beyond 20 feet.
Mayor Pro Tem Rossini inquired how tall the fence would be around so the fence height was 42 inches while looking at the property from the street. Planning Assistant Urbanski advised it would need to be 57 inches.
Mayor Zimmerman inquired if it was 57 inches from its lowest point. Planning Assistant Urbanski clarified it would be 56 inches from the lowest point which is the manual driveway gate.
Councilmember Collacott inquired if the Applicant could amend their permit to properly locate the fence and comply with height limitations if the variance was denied City Manager Franks clarified there is no permit at this time. Planning Assistant Urbanski clarified the first permit request was submitted but has not been approved because it September 27, 2022 Villa Park City Council Meeting Minutes
needed to go through the variance process. City Manager Franks explained the permit has not been issued by the City. Planning Assistant Urbanski advised if the Applicant wanted to build the fence at the 6-foot height they would need the 20-foot setback.
Mayor Zimmerman inquired what the height limit for the fence would be if the area in question was the backyard. Planning Assistant Urbanski advised it would be 6 feet.
Councilmember Collacott inquired if the fence had been constructed without a permit.
Planning Assistant Urbanski confirmed the permit had not been issued.
Councilmember Pitts inquired if plans have been received. Planning Assistant Urbanski confirmed that plans have been submitted to the City.
Mayor Zimmerman noted there have been a few issues such as this that have come before the City Council where construction was started before the Applicant applied for a permit or a variance and advised the City needs to be proactively educating residents on the process. He inquired about the application process in this instance.
City Manager Franks reported discussions with the Applicant began in 2019 when they were told that a variance would be required. He advised the City does proactively reference the permit process in the Feeder along with a semi-annual notice to residents.
Mayor Zimmerman requested an account of the miscommunication with the Applicant.
Planning Assistant Urbanski explained that due to a variation between the grade of the Applicant's property and the bridal trail there was initial confusion about where the height should be measured. He explained when he went out to the property with the City Engineer, the City Engineer advised the Applicant it should be measured from the bridal trail which was incorrect. He clarified this was all done before issuing the permit.
Mayor Pro Tem Rossini moved to deny the request based on the findings of the evening.
Mayor Zimmerman opened the public hearing.
Councilmember Collacott seconded the motion and noted a variance such as this establishes precedence so they need to be careful.
Mayor Zimmerman commented that the City Council has been very fair-minded about listening to residents and making exceptions. He inquired if there is a financial impact on the Applicant in denying the variance. Planning Assistant Urbanski advised the Applicant would not have to pay additional fees.
Mayor Zimmerman closed the public hearings.
Mayor Zimmerman encouraged the Applicants to continue working with staff to find alternative solutions and rework the permit.
September 27, 2022 Villa Park City Council Meeting Minutes
A motion was made by Mayor Pro Tem Rossini and seconded by Councilmember Collacott, to deny the variance as it does not meet the five findings required tor approval.
AYES: Collacott, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: Miles
3. Variance 2022-07 - 18491 Santiago Boulevard
Councilmember Miles recused herself from the item as she lives within 500 feet of the residence.
Planning Assistant Urbanski reported the variance is for a privacy fence and two electric private gates. He reported nine existing legal non-conforming pilasters were built many decades ago. He advised the request is to build new pilasters and the fence will measure 67 inches in height which is higher than the permitted 42 inches. He advised the construction would match the current home remodel.
Planning Assistant Urbanski reported the Applicant submitted based on security and privacy concerns. He advised the property is located between Lemon Drive and Center Street and sees over 3,245 vehicles per day. He noted the Applicant has reported numerous instances of pedestrian and vehicle trespassing and/or harassing the property owners. He advised the Applicant believes a 42-inch fence would provide the safety and security benefits that the taller fence could provide.
Planning Assistant Urbanski reported public notices were posted and mailed 10 days before the hearing to property owners within 300 feet of the property. He advised staff has received 3 letters of support for the variance and has received no letters of opposition.
He advised the Engineering Department expressed concern regarding traffic given the amount of wait time for the gates to open before entering the property. Lastly, he presented 3-D renderings of the fence and privacy gate.
Mayor Zimmerman requested additional information about the privacy gate. City Manager Franks explained the Engineering Department was concerned that vehicles trying to enter the property may be unable to fully clear the roadway as the gate is opening.
Mayor Pro Tem Rossini inquired if the 3-D renderings were to scale. Planning Assistant Urbanski referred the Applicant.
September 27, 2022 Villa Park City Council Meeting Minutes
Councilmember Pitts inquired if these are the same issues as the previous variance request and if the Applicant followed the process. Planning Assistant Urbanski confirmed work had begun before permits had been issued. City Manager Pitts noted a Stop Work Order was issued in this case as well.
Mayor Zimmerman opened the public hearing.
Crystal Miles, a Resident, advised she is the Applicant's immediate neighbor and is in full support of the variance. She advised it will aesthetically improve the street and the existing pilasters have been there since the home was built. She believes the Applicant thought he could grandfather in the existing pilasters without obtaining a permit as they were already built. She encouraged the City Council to approve the variance as all of the neighbors are in support.
Hament Patel, the Applicant, reported the existing fence has been in place since the house was built in 1981. He explained when he read the Zoning Code he thought he was allowed to make a 10% modification to a fence that was in place. He advised had a contractor who did contact the City who in turn guided where it could be built and advised a permit was not needed. He explained he simply wants to make everything equal in height but did not intend to circumvent the City.
Mayor Pro Tem Rossini inquired if a General Contractor was hired to do the grading and the work in front of the yard. Mr. Patel confirmed a General Contractor that was eventually hired did not come to speak to City staff.
Mayor Zimmerman inquired if there was any way Mr. Patel could accommodate the 20- foot setback.
Mr. Patel advised it would take up half of the driveway and make it useless. He explained the purpose of the variance is to mitigate the vehicular and pedestrian traffic on Santiago Road which makes his front yard useless.
Councilmember Pitts explained his challenge is that the City Council just denied the variance for the fence height for the previous Applicant and asked them to come back within the maximum height. He inquired what would happen if the Fire Department needed to access the property. Mr. Patel advised the gate will be programmed to work with emergency services equipment.
Mayor Zimmerman closed the public hearing.
City Manager Franks explained the recommendation was to approve the Variance which is a motion to deny. He advised an alternative motion would need to be made by the City Council to oppose the staff recommendation and support the Variance. Mr. Patel agreed he wants the project to be safe but simple.
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman inquired if the height of the new pilasters was modified to conform would the gate still be able to be installed. Mr. Patel advised it could be but it would not be tall enough. Mayor Zimmerman clarified his inquiry was to determine if this configuration is the only way this variance will work. Mr. Patel advised any other configuration would cut the driveway size in half and make it difficult for a vehicle to pull in.
Mayor Pro Tem Rossini inquired if the existing pilasters were demolished and reconstructed or if they were just modified. Mr. Patel confirmed a six-inch cap was added.
Mayor Pro Tem Rossini inquired why a 42-inch pilaster with a 42-inch gate would not achieve the security and privacy goals of the Applicant. Mr. Patel explained they were trying to make the project conform to the existing pilasters and fence. He further explained a 42-inch fence does not meet his security and privacy needs that are unique to his location.
Councilmember Collacott inquired if the front fence height limit is new. Planning Manager Ray Pascua confirmed the height limit is not new. He explained there was nothing in the building permit record specific to the pilasters and that may be been part and parcel of the permit to build the house.
Councilmember Collacott recommended that as part of the project the structure and gate be redesigned to come into compliance with the City's Zoning Ordinance.
Mayor Pro Tem Rossini inquired if the reason the Applicant needs a variance is because of the additional pilasters behind the reskinned existing ones. Planning Assistant Urbanski confirmed the reason for the variance is the new additions to the existing pilasters.
Mayor Pro Tem Rossini inquired if the Applicant simply skinned the existing pilasters and did not add any height beyond 42 inches he would not need a variance. Planning Assistant Urbanski confirmed the Applicant would be legally compliant.
Mayor Zimmerman requested clarification.
Mayor Pro Tem Rossini explained that if pilasters were left the way they are today at the appropriate height and there is documentation showing the exact height before he did any modifications, the Applicant would be able to install a gate that is 42 inches.
Councilmember Pitts inquired how tall the existing pilasters were before construction started. Mr. Patel advised they are between 64 and 68 inches depending on where the grade is measured from.
Mr. Zimmerman noted the Applicant and thought through many of the alternatives but there are no other options. Mr. Patel advised many adjacent homes have existing gates, some of which are taller than he is proposing.
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman noted it seems like the City may need to adjust its Zoning Ordinance to accommodate streets with different traffic patterns given the comments tonight. Mr.
Patel noted the pilasters have not been raised except for in three places which were only shaved off to attach stone veneer and that was before the Stop Work Order.
Mayor Pro Tem Rossini noted the pilasters seem high when compared to the Google Earth images. Mr. Patel reported City staff came out to the property and saw the existing height.
Ms. Miles noted that the variance addressed previously did not have existing pilasters.
She encouraged the City Council to take into consideration that those pilasters have been in place for over 40 years and hope they will not make the homeowner remove them.
Mayor Zimmerman closed the public hearing.
Mayor Zimmerman moved to approve Variance 2022-07 at 18491 Santiago Boulevard.
There was no second.
Councilmember Collacott made a substitute motion to deny the Variance 2022-07 at 18491 Santiago Boulevard. There was no second
Mayor Pro Tem Rossini made a substitute motion to continue the item to October 25th, seconded by Councilmember Pitts.
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Pitts to continue the item until October 25th and was approved by the following roll call vote:
AYES: Collacott, Pitts, Rossini and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: ( Miles
Councilmember Miles returned to the City Council meeting.
4. Tentative Parcel Map (TPM) No. 2022-148 - 9662 Crestview Circle.
Planning Assistant Urbanski reported the item was continued from the last City Council meeting where the Applicant was asked to obtain additional letters of support. He advised two additional letters of support were received from 9682 Crestview Circle and 19161 Ridgeview Road. He advised no letters of opposition were received.
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Pro Tem Rossini inquired if traffic impacts were examined for future development.
Planning Assistant Urbanski advised the Engineering Department expressed concern regarding future development as the street is very busy.
Mayor Pro Tem Rossini advised he agrees with the property owner on the concept but wants to ensure the City is doing its due diligence to mitigate traffic considerations.
Councilmember Collacott recalled that the property owner was asked to investigate a driveway from Crestview Circle down to the secondary lot and inquired if it was incorporated into this request. Planning Assistant Urbanski advised he did not receive any information from the Applicant regarding a driveway.
City Manager Franks reported the Applicant has not submitted any development plans and noted this is only a lot split at this time.
Councilmember Collacott inquired if the driveway could be a Condition of Approval. City Manager Franks and City Attorney Liftin agreed it could be made a Condition of Approval.
Mayor Zimmerman opened the public hearing.
Shais Kahn, the Applicant, advised that the issue of access from Crestview Circle is that it is not wide enough in addition to having a 75-foot drop that would require considerable engineering at great expense. He reported a third letter of support was sent to City staff.
Councilmember Collacott noted that Cannon Drive is a busy street and ingress and egress from that street may be a problem.
Mr. Kahn agreed it is an issue but noted there are other homes getting access from Cannon Drive. He advised there is a stop light which slows down traffic.
Mayor Zimmerman closed the public hearing.
Councilmember Miles thanked Mr. Miles for obtaining letters of support.
A motion was made by Councilmember Miles, seconded by Mayor Zimmerman, to approve Tentative Parcel Map (TPM) No. 2022-148, subject to the conditions of approval contained in Resolution No. 2022-3557, and was approved by the following roll call vote:
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
September 27, 2022 Villa Park City Council Meeting Minutes
CONSENT CALENDAR (ITEMS # 5 - 7, 9 - 10)
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
Mayor Zimmerman pulled Item No. 08 for discussion.
A motion was made by Councilmember Miles, 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
5. August's Cash and Investment Transparency.
The City Council received and filed the August Cash and Investment Transparency reports.
6. Request approval of City Council Minutes of August 23, 2022.
The City Council approved the City Council Minutes of August 23, 2022.
7. Report of 2022 Safe and Sane Fireworks Sales
The City Council received and filed the report of 2022 Safe & Sane Fireworks Sales.
9. Notice of Completion - FY 2021/22 Slurry Seal Project The City Council:
1. Accepted the "FY 2021/22 Slurry Seal Project" from the Contractor, All American Asphalt; and
2. Space Office Solutions LLC in the amount of $6,347.45 for partition work
10. Consideration of 2023 City Council Meeting Schedule That repo Council approve the schedule of 2023 City Counil meetings as stated in this Purchase and Installation of Two City Vehicle EV Charging Stations using AQMD Revenues
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman commended staff for their forward-thinking on this item and expressed approval.
Mayor Pro Tem Rossini inquired where the charging stations will be located. City Manager Franks advised they will be located behind City Hall and are intended for City vehicles.
A motion was made by Mayor Zimmerman, seconded by Councilmember Miles to authorize the use of $19,146 from the AQMD allocation to fund the purchase and installation of two EV charging stations and EV parking signage; and authorize the City Clerk to file and record the notice of completion, and approved by the following roll call vote:
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
NEW BUSINESS
11. Housing Element Consultant Agreement
City Manager Franks reported the City is in the process of updating its 6th Cycle Housing Element and advised the City received a response from Housing and Community Development (HCD) in August 2022 requesting revisions. He explained the City is trying to complete its response to HCD by October 2022. He advised the City's current consultant, JHD Planning LLC, would not be to complete the revisions due to HCD delays and workload commitments and recommended the City use Kimley-Horn.
City Manager Franks advised the fee for Kimley-Horn would be $20,000 and the City has the resources. He noted the current contract with JHD Planning LLC has $35,000 remaining in unspent funds which are enough to cover the contract with Kimley-Horn. He recommends the City Council ratify action taken by the City Manager to execute an agreement with Kimley-Horn.
Mayor Zimmerman opened the public hearing. There being no speakers, the public hearing was closed.
Mayor Zimmerman thanked City staff for addressing this quickly and seeking an alternative consultant.
September 27, 2022 Villa Park City Council Meeting Minutes
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Rossini ratify action taken by the City Manager to execute an agreement not to exceed $20,000 with Kimley-Horn to provide consultant services in preparing the most recent revisions 2022 Housing Element 6th Cycle Update for the City of Villa Park as required by HCD, and was approved by the following roll call vote:
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
12. Request to remove the pine trees on Villa Park Road (10432 Alma Lane).
City Manager Franks reported the item is a request to remove pine trees abutting Villa Park Road made by a resident at 10432 Alma Lane. He noted the trees are technically on the property owner's land, but the Ordinance requires the request for tree removal to come before the City Council. He explained these are older healthy trees and is part of an existing home remodel.
Mayor Zimmerman inquired if removing the trees is the only option.
Mayor Zimmerman opened the public hearing.
Juan Jauregui, the property owner, reported that some of the pine trees are not as Calitornia Edison pole.
amount of pine needles and sap all over his property.
Councilmember Pitts inquired if Mr. Jauregui had looked into trimming them. Mr. Jauregui advised he was told that the City was supposed to be trimming them but is unsure who is responsible for that.
Councilmember Miles expressed concern about the removal of the pine trees as they provide shelter for the ecosystem. She believes removing the trees will change the complexion of that part of the neighborhood. She encouraged Mr. Jauregui to look for an alternative solution as opposed to removing the trees.
Mr. Jauregui reported his property is full of trees so there is plenty of vegetation.
Councilmember Pitts inquired who is responsible for trimming the trees. City Manager Franks advised Southern California Edison is responsible for trimming the trees that interfere with their lines but the other tree trimming is the owner's responsibility.
September 27, 2022 Villa Park City Council Meeting Minutes
Mayor Zimmerman explained the trees do the neighborhood a great service by blocking out noise. He noted that removing the trees will impact the sound levels for all of the adjacent neighbors.
Mr. Jauregui respectfully disagreed that the trees mitigate any noise.
Councilmember Miles noted the trees are also part of the Master Plan.
Mayor Zimmerman advised he would like to see other options explored first before considering tree removal.
Mayor Pro Tem Rossini closed public comments.
A motion was made by Councilmember Pitts, seconded by Mayor Pro Tem Rossini to deny the request to remove the pine trees on Villa Park Road, and was approved by the following roll call vote:
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
CITY MANAGER REPORT
13. Information from City Manager and/or City Staff.
City Manager Franks reported he provided a log to the City Council and was available for any questions. He advised there were two adjustments but will bring them forward at the next City Council meeting.
MAYOR AND COUNCILMEMBER MATTERS
14. Individual Councilmember Information Items.
Mayor Zimmerman reported he attended the Symphony on the Go! event in front of City Hall and noted it was wonderful.
ADJOURNMENT
L The meeting was adjourned at 9:03 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, September 27, 2022.
September 27, 2022 Villa Park City Council Meeting Minutes
Choos
Chad Zimmerman, Mayor
City of Villa Park
ATTEST:
Steve Franks City Clerk
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.