ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
November 15, 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: Miles, Pitts, Rossini, and Zimmerman
ABSENT: Collacott
INVOCATION/DEDICATION
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PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Mayor Pro Tem Rossini.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Villa Park Community Services Foundation
Ed Carter, Chair of the Villa Park Community Services Foundation (VPCSF), thanked the City Council for its service. He noted the Villa Park Boat Parade would be held on December 11th at 5:00 p.m. and encouraged residents to participate and announced the Grand Marshal would be the Zimmerman Family. Mayor Zimmerman thanked Mr. Carter for the honor.
• Orange County Sheriff's Department
Orange County Sherriff's Department (OCSD) Captain Gary Knutson guided residents on how they can avoid residential burglary during the holiday season. He provided tips residents could use around their property to discourage residential burglary.
Captain Knutson reported the total number of calls for service in October was 431, including two petty thefts, six burglaries, and one vandalism. He noted OCSD responded to a domestic assault and two assaults with one being at the high school. He reported November 15, 2022 Villa Park City Council Meeting Minutes
OCSD responded to a road rage-fueled battery incident and reported two narcotics incidents.
Captain Knutson reported five traffic collisions, 1 drunk driving arrest, 16 parking citations, 26 traffic citations issued by the patrol deputy, and 23 traffic citations issued by enhanced traffic enforcement.
Mayor Zimmerman commented on the home vandalism by some young boys in the community. He noted that particularly bad behavior can often be a reflection of what the children are being taught at home. He encouraged residents to be kind to one another. • Orange County Fire Authority
Orange County Fire Authority (OCFA) Chief Scott Wiedensohler reported that OCFA has responded to 19 incidents since the last meeting. He noted there was 1 structure fire, 2 traffic incidents, and the remainder were medically related calls for service.
He reminded residents to remain safe while cooking during the holiday season and provided several cooking-related tips. He encouraged residents to visit OCFA.org for additional information. He reminded residents that November 15 is the 14th anniversary of the Freeway Fire and noted the OCFA is currently being upstaffed due to a wind event that may last until Thursday.
• Villa Park Library
Library Director Kristina Jones reported the Library now offers board games for checkout. She advised the Library received a grant from the California State Library and the Zip Book program is back as a result. She explained the program allows users to get speedy access to books that are not available at their local libraries. She announced the S'mitten with Books! Winter holiday program will be on December 8'h at 4:00 p.m.
She announced on December 10th at 2:00 p.m. that Author Michelle Huneven will be onsite for a book signing. She reported a new database available for patron use called Access Video on Demand which includes video streaming content for children, documentaries for adults, and feature movie content.
Mayor Zimmerman inquired about the best way for residents to find out about new services.
Library Director Jones advised residents could navigate to OCPL.org and navigate to the Villa Park Library to see the event calendar.
City Manager Franks noted Library events are listed in The Feeder weekly.
Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District
• Councilmember Miles reported a meeting will be held on November 17th for Budget and Finance.
Orange County Sanitation District
November 15, 2022 Villa Park City Council Meeting Minutes
• Mayor Zimmerman reported a special meeting was held today to discuss the Orange County State of Sanitation.
• Orange County Fire Authority
Mayor Pro Tem Rossini reported a meeting was held on October 27th where the helicopter purchase was discussed. He advised teleconferencing was also discussed and noted there are still some boards in Orange County that remain virtual. He noted employee contracts were discussed and looks forward to seeing some resolution on the matter.
• Orange County Library Advisory Board
• Councilmember Pitts reported no meeting was held. He announced the schedule was set for next year's meetings
• 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 October • She announced the Santa Tour along with the Winter Wonderland will be held on December 3rd and noted the Boat Parade on December 11th
• She reported Hanukkah is December 18th through the 26th and Rabbi Shuey will officiate the lighting of the Menorah. • Housing Legislative Committee
• Councilmember Collacott absent
• Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported no meeting was held.
• Senior Citizens Advisory Committee
• Councilmember Miles reported attendance at the General Meeting on November 4th and discussed resources for caregivers who are providing care for seniors.
PUBLIC COMMENTS
Mayor Zimmerman reviewed the rules of decorum.
Mayor Zimmerman opened public comments. Seeing none, he closed public comments.
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November 15, 2022 Villa Park City Council Meeting Minutes
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: Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: Collacott
ABSTAIN: None
Councilmember Collacott arrived at the meeting during Item No. 2.
2. Adoption of the 2022 Building Standards Code.
City Manager Franks reported that effective January 1, 2023, the 2022 California Building Standards Codes go into effect. He advised the codes apply to all cities in California however, cities are allowed to amend to their City needs. He advised Ordinance No. 2022- 628 adopts the California Building Standards Codes and make certain amendments based on local climactic, geological, and topographic conditions as referenced in the ordinance. He explained the amendments proposed in the ordinance are to various administrative provisions of all the Codes and substantive provisions of the Fire Code.
He advised the substantive amendments to the Fire Code are based upon the recommendations of the Orange County Fire Authority. He noted the City goes through this process every 2 years and advised the first reading was approved in October and noted no changes have been made since that meeting.
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 approve the second reading of Ordinance No. 2022-628.
November 15, 2022 Villa Park City Council Meeting Minutes
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
3. Resolution 2022-3561 Approving the Second Amendment to the Agreement for Solid Waste Handling Services Regarding State Mandate SB 1383 and Consideration of CEQA Exemption Determination Pursuant to CEQA Guidelines Section 15061(b)(3).
City Manager Franks reported in December 2016, Governor Jerry Brown signed Senate Bill (SB) 1383 into law to achieve a 75% reduction in the statewide disposal of organic waste from the 2014 level by 2025. He explained that to achieve the goal cities were required to implement certain actions by January 1, 2022. He reported the City has adopted an Ordinance in November 2021, provided new organics recycling services to commercial businesses, and developed an edible food recovery program with Abound Food Care in April 2022. He advised the City still needs to purchase organic/sustainable materials, amend the existing franchise hauler contract to comply with SB 1383, and establish compliance, enforcement, and reporting programs.
City Manager Franks reported the City has been negotiating the compliance, enforcement, and reporting programs with Republic Services which is the City's hauler with the help of a third-party consultant. He explained since this is a State mandate, the City must comply or face fines. He reported the fee per customer for SB 1383 will be approximately $5.54 per month and a Consumer Price Index (CPI) fee for Republic Services of $1.47 for a total of $7.01 per customer per month. He advised customers will not receive a new bin and will be able to dispose of organic waste in the existing brown bin.
City Manager Franks reported there is a stringent Containment and Compliance Monitoring Program. He advised the City contracted with Mike Balliet Consulting, LLC (MBC) to help negotiate the terms of the contract. He explained the City Council would be adopting Resolution No. 2022-3561 approving the Second Amendment to the Agreement for Solid Waste Handling Services and authorizing the City Manager to sign the Second Amendment to the Agreement for Solid Waste Handling Services. He noted the City is approximately 1 year behind the original implementation date with CalReycle and is verging on the point of being non-compliant.
City Manager Franks reported there are some startup costs but the City was able to obtain an SB 1383 Local Assistance Grant Program from CalRecycle for $20,000.
Mayor Zimmerman inquired what residents will be receiving for the $7.01 increase.
November 15, 2022 Villa Park City Council Meeting Minutes
Mr. Balliet explained the State has regulations regarding the organic waste processing facilities and the increase will be used to pay for those expanded facilities. He advised part of the increase will go towards compliance activities where the bins are actively monitored. He explained that during the initial phase, customers will receive educational materials regarding contamination but after 1 year, the City must fine anyone found non- compliant. He noted if the City does not provide enforcement, the State will fine the City.
He clarified that once the program starts, waste materials placed in the green bin will go to a facility capable of processing mixed waste. He hopes that more facilities will open in the future to help drive down the costs.
City Manager Franks reported Orange County is talking about building a mixed waste processing facility. Mr. Balliet explained that permitting those facilities is part of the delay in those facilities coming online.
Mayor Zimmerman inquired how much of a decrease can the City expect when those facilities come online in the future.
Mr. Balliet advised the City has retained the right to use any facility of its choice and can switch to a lower-cost facility when it becomes available.
Councilmember Miles provided an example of how organic waste materials will need to be disposed of to be compliant.
Councilmember Miles expressed concern regarding senior residents that have smaller trash bins will have to pay the increase. She inquired if there was some type of tiered system that can be explored to protect the City's seniors who may be on a fixed income.
City Manager Franks reported there are approximately 20 seniors in the City who would be impacted but they are already receiving discounted rates.
Mr. Balliet explained the smaller the bin the smaller the rate increase. He advised there are no "pay as you throw" capabilities for rates.
Councilmember Miles encouraged the City to explore savings potentials for the City's seniors.
Councilmember Pitts expressed concerns regarding educating the public beyond putting a flyer in with their monthly bill.
City Manager Franks explained customers will receive three notices of non-compliance before they are ever fined. He reported an education element is required as part of SB 1383.
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November 15, 2022 Villa Park City Council Meeting Minutes
City Manager Franks reported the City is required to provide an annual outreach plan as part of SB 1383 and is working with Republic Services to do that. He explained the City has over a year to roll out the education plan and will have to present that plan to the State for approval.
Councilmember Miles inquired if other cities are paying the same.
City Manager Franks explained that each city's franchise agreement is different but the City's increase is comparable to other cities' increases.
Mr. Balliet noted one of the City's challenges is that large lot-size customers have more green waste than other cities.
City Manager Franks advised most cities have more commercial customers than the City and have the ability to spread their costs to commercial customers.
Mr. Balliet advised the north county increases were all comparable to the increase for the City.
Councilmember inquired if the City is mandated to implement SB 1383.
City Manager Franks confirmed the City could be fined $10,000 per day if it does not comply.
Mayor Zimmerman opened the public hearing.
Jordan Wu noted his property has 2 green waste containers. He inquired if only one of the containers could be used for green waste and another for organic materials to be processed separately for possible savings.
City Manager Franks explained if a customer has 2 bins they are not utilizing they can go down to 1 bin. He explained that once the organic waste is mixed with green waste it must be processed at a specialized facility.
Mr. Balliet explained there is currently no facility that will only process food waste that can be accessed by the public.
Mayor Zimmerman inquired if the staff investigated provided an organic waste-only food container to customers.
City Manager Franks confirmed it was investigated and would cost the customer $10 more per month for the additional bin. He explained it would also require an additional trash truck and route.
Mr. Balliet explained the Ordinance passed in 2016 requires all customers to recycle their organic waste and is not optional. He noted using the existing brown bin to recycle organic waste is much more cost-effective than adding a new route.
November 15, 2022 Villa Park City Council Meeting Minutes
Councilmember Miles inquired if the increase was per household or container.
Mr. Balliet clarified it is per household per month for a 3 bin.
City Manager Franks noted he has received calls from residents who want to eliminate a Councilmember Miles inquired when the grace period will end.
Mr. Balliet advised the regulation required full implementation by January 2022 but noted most Orange County cities are not there. He clarified the State will not enforce fines and penalties until 2024.
Councilmember Miles noted the City could work over the next 12 months to provide educational materials for all residents.
Mayor Zimmerman closed public comments.
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Pitts, and approved by the following roll call vote, to:
1. Adopt Resolution No. 2022-3561 approving the Second Amendment to the Agreement for Solid Waste Handling Services between the City of Villa Park and Republic Waste Services of Southern California, LLC. and finding that the approval is exempt from CEQA under the "common-sense" exemption set forth in CEQA Guidelines section 15061(b)(3).; and
2. Authorize the City Manager to sign the Second Amendment to Agreement for Solid Waste Handling Services between the City of Villa Park and Republic Waste Services of Southern California, LLC.
AYES: Collacott, Miles, Pitts, Rossini, and Zimmerman
NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 4 - 6)
Mayor Zimmerman opened the public comments. There being no speakers, public comments 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, Pitts, Rossini, and Zimmerman
November 15, 2022 Villa Park City Council Meeting Minutes
NOES: None
ABSENT: None
ABSTAIN: None
4. Request approval of City Council Minutes of September 27, 2022.
The City Council approved the City Council Minutes of September 27, 2022.
5. Request approval of City Council Minutes of October 25, 2022.
The City Council approved the City Council Minutes of October 25, 2022.
6. Resolution No. 2022-3562 Commitment to End Child Marriage The City Council adopted Resolution No. 2022-3562, announcing its commitment to end child marriage.
Mayor Zimmerman reported Rima Nashashibi inspired Item No. 6 to come before the City Council. He explained the Resolution is a commitment to end child marriage and child trafficking. He noted many other cities have adopted the Resolution. He explained there is no minimum age of marriage in the State of California and the Resolution helps call upon the California State Legislature to introduce and pass legislation to end child marriage under 18 years of age.
CITY MANAGER REPORT
7. Information from City Manager and/or City Staff.
City Manager Franks reported an Inflation Town Hall will be held on November 21st from 6:00 p.m. to 8:00 p.m. He encouraged residents to submit questions in advance.
City Manager Franks presented Mayor Zimmerman and Councilmember Collacott with gifts from the City as thanks for their service. He noted Councilmember Collacott has served for 8 years while Mayor Zimmerman has served for 4 years.
City Manager Franks reported the current City Council will certify the election on December 6th which is still pending. He advised the first meeting with the new City Council will take place on December 13th.
Mayor Zimmerman thanked the staff and City Council for their gift and noted it has been a pleasure working with them.
November 15, 2022 Villa Park City Council Meeting Minutes
City Manager Franks reported the City received a Distinguished Budget Presentation Award for the 10th consecutive year from the Government Finance Officers Association of America (GFOA).
MAYOR AND COUNCILMEMBER MATTERS
8. Individual Councilmember Information Items.
Councilmember Collacott announced this is his final City Council meeting after serving for 8 years. He advised he has been a resident of the City since 1981 and noted it has been a pleasure and an honor to serve the City. He congratulated the new members of the City Council and noted it will be a very challenging time during the next 4 years specifically the Housing Element. He clarified that the City is required to adopt a Housing Element and address the City's Regional Housing Needs Assessment (RHNA) allocation or face fines and penalties. He also reiterated the City will not meet its RHNA needs with just Accessory Dwelling Units (ADUs) as it was rejected by the California Department of Housing and Community Development (HCD). He noted another rumor circulating is that the Smith Basin is just a diversion and will never be developed. He reiterated the City is serious about the Smith Basin.
Councilmember Collacott advised that another issue the City faces is infrastructure management especially with maintaining the City's streets. He noted that while the City is affluent, it has a low per-capita revenue and there are not enough funds for all of the infrastructure work that is needed. He advised inflation is also impacting the City. He advised another issue the City will face is that City Manager Franks will probably be retiring in the next 4 to 6 years. Lastly, he advised keeping the crime rate down will be another challenge for the new City Council. He noted it has been an honor to serve the City.
Councilmember Pitts noted he has seen increased traffic on NextDoor and Facebook regarding coyotes and would like to see more awareness about keeping small animals indoors.
Councilmember Miles noted it has been an honor to serve with Councilmember Collacott and Mayor Zimmerman. She thanked them for their perspective, knowledge, wisdom, and their approach. She reported she attended a concert at Irvine Park to commemorate Veteran's Day held by Angel Force USA. She advised she and Orange County Community Services Director Renee Ramirez designed a pin to honor Villa Park's veterans. She reported Angel Force USA raises awareness of the military suicide epidemic and provided statistics on the suicide rates. She announced she was asked to serve on the Angel Force USA Board.
Mayor Pro Tem Rossini thanked Councilmember Collacott for getting him involved in serving the community and for his wisdom, guidance, and ideas. He noted the City is better for having him as a resident and being on the City Council.
November 15, 2022 Villa Park City Council Meeting Minutes
Mayor Pro Tem Rossini echoed the same sentiments to Mayor Zimmerman and complimented his passion for the community. He encouraged him to stay involved with the community and thanked his family for the time he has given the City.
Mayor Pro Tem Rossini reported has received several calls about coyotes and has personally seen one outside his home. He encouraged residents to continue reporting sightings to the City and County. He wished everyone a Happy Thanksgiving.
Mayor Zimmerman thanked everyone for their attendance at the Halloween Fest including the Villa Park Community Services Foundation for running the event.
Mayor Zimmerman noted that being part of the City Council is about respecting and appreciating different perspectives and ideas and doing what is best for Villa Park. He thanked City staff especially City Manager Franks for their service to the community.
Mayor Zimmerman thanked his family for their support during his tenure on the City Council.
ADJOURNMENT
The meeting was adjourned at 8:05 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, December 13, 2022. bet fat
Robbie Pitts, 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.