ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
January 24, 2023
Regular Meeting
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Pitts called the General Session to order at 6:30 p.m.
COUNCILMEMBERS
PRESENT: Rossini, Jones, Miles, Pitts, and Wu
INVOCATION/DEDICATION
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Councilmember Pitts.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Presentation - 100th Birthday of Mr. John Russo
Mayor Pitts presided over the recognition of the 100th Birthday of Mr. John Russo and noted his diverse and various accomplishments in the military, academia, as a volunteer, and in the educational arenas. He requested the community join the City Council in recognizing Mr. Russo's accomplishments and his 100th Birthday. Mr. Russo was presented with a veteran's pin from the City Council.
• Presentation - Recognition of Kathy Moffat
Mayor Pitts presided over the recognition of local educator Kathy Moffat, who served as a member of the Governing Board of the Orange Unified Board of Education. He reviewed her various accomplishments as related to the Governing Board and particularly her leadership role during the recent COVID-19 pandemic. The City Council offered their congratulations. Mrs. Moffat thanked the City Council and staff, introduced her family in attendance, and recognized the cooperative relationships in the community, especially between the schools and the City.
• Orange County Sheriff's Department
Orange County Sheriff's Department (OCSD) Captain Gary Knutson reminded the community to remain vigilant regarding residential burglary and offered suggestions as to how residents can protect their property
January 24, 2023 Villa Park City Council Meeting Minutes
Captain Knutson reported they responded to 252 calls for service in December including 4 residential burglaries, 2 grand theft reports, 1 petty theft, and 1 robbery. Captain Knutson reported 3 traffic collisions and 44 total traffic citations.
Mayor Pro Tem Rossini mentioned a significant high value loss which occurred in the community and also reminded the community to remain vigilant regarding these type of criminal "crews." Captain Knutson noted these crews are very sophisticated and come from other countries or areas with the intent of committing these types of crimes.
Councilmember Miles requested information on the types of crime resulting from general loitering in the community. Captain Knutson provided information on distraction-type crimes and encouraged residents to remain vigilant and on-guard.
City Attorney Litfin cited the City's anti-aggressive ordinance and encouraged residents to register for the "no-solicitation" list.
• Orange County Fire Authority
Orange County Fire Authority (OCFA) Chief Scott Wiedensohler reported that OCFA has responded to 61 incidents since the last meeting. He noted the OCFA is focusing on smoke alarm safety and offered a number of suggestions for residents as related to smoke alarm maintenance. He also encouraged residents to create advance plans to exit their homes in the event of a fire.
Chief Wiedensohler invited the community to the OCFA Open House event on Saturday, March 4, 2023, from 9:30 am to 2:00 p.m. Mayor Pitts requested additional information so that it can be placed on the City's various media outlets. Chief Wiedensohler commented on the OCFA's partnership with "First Watch," which will provide for real-time data reporting.
Mayor Pitts inquired whether the First Watch data was public information. Chief Wiedensohler noted it would only inform authorized public safety personnel but would assist them in responding more immediately to various inquiries. Councilmember Jones inquired whether the system would allow for immediate alerts, such as in the case of a fentanyl overdoses. Chief Wiedensohler responded affirmatively and would allow public safety to share information more rapidly and respond more effectively. • Villa Park Library
Reported that the new Library system allows for online borrowing and "on-hold" services. The annual report for OC Public Libraries is available on-line and tax forms will also be available by the end of the week. A Lego event and family events were highlighted. On Saturday there will be a gardening event with a Master Gardener from UC Irvine on how to grow food in small spaces and containers. She reported on the Book Chat group and encouraged residents to participate. The Library System upcoming events were described. She spoke of the January Library Tip, "Discover and January 24, 2023 Villa Park City Council Meeting Minutes
Go," a collaborative opportunity for low-cost or no-cost admission for various venues.
Information can be obtained at the OC Library's website.
Councilmember Miles confirmed with the Librarian that Chrome Books can be reserved for three-week periods and that hot-spots can also be reserved.
1. Waive reading in full of all ordinances and resolutions on the agenda.
The City Manager explained the state law requiring the reading of all ordinances and agendas on the agenda for the benefit of the new members of the dais. He explained this vote waives the legal requirement to read them.
Mayor Pitts 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: Jones, Miles, Rossini, Wu, and Pitts
NOES: None
ABSENT: None
ABSTAIN: None
2. Variance No. 2023-01 at 10912 Vida Drive.
Planning Assistant Urbanski provided a staff report on the item, including a timeline of the events leading up to the request for the variance. Seven letters of support and one letter of opposition were received on this item. Staff is recommending denial of this variance as there is ample space for the storage shed including the required setbacks.
Councilmember Miles confirmed with staff that a permit and site plan is required for this request because the structure exceeds six feet in height.
Mayor Pitts opened the public hearing.
City Manager Franks noted an additional letter of opposition was received from John Cohn.
Richard Harris, 18211 Fernando Circle, spoke in opposition to this variance, citing the structures on the property which violate Code requirements and is the only home in Village Park with a storage structure in the front yard.
Karen Goldberg, a direct neighbor of the subject property. She noted the applicants are good community members and residents, particularly as related to decorating and opening their home during the holidays, and stated she was in support of the variance.
January 24, 2023 Villa Park City Council Meeting Minutes
The speaker stated the odd-shape of the lot which requires the storage shed placement in the front yard.
Fred Fascenelli, 10901 Vida Drive, expressed support for the variance, stating he sees the property each day and the storage shed is on the side of the property. In a few years, the storage shed and roofline will not be visible due to landscaping. The odd-shaped lot does not allow for the standard set back requirements.
Donna Buxton, Dodson Way, noted she was not directly impacted by the variance request, however she noticed a trend of variance approvals due to neighbors offering support rather than compliance with the City's ordinance. She expressed concerns regarding approval, citing the resident was aware of permit requirements, it is a significant variance request, and that the homeowner may have requested because the storage shed would impact his own view.
Rich Andrews, 18152 Fernando Circle, expressed concern regarding the precedent approval of this variance would set, citing the negative visual impacts.
Diana Fascenelli, 10901 Vida Drive, stated she sees the entire subject property from her home. She is in support of the variance, citing the beauty of the property, which increases adjacent property values, and that the subject lot is odd-shaped. The speaker disagrees with the Planning Department's recommendation of denial as it is not a blighted property.
Joy Stanowitz, 18291 Fernando Circle, noted her personal history of having her own residential variance requests denied. She stated the applicant was aware the variance was required but installed the shed regardless.
Nan Friedenberger, an adjacent neighbor, expressed her opposition to the variance as it is in violation of the City's Code requirements and that the subject property is very lit which does impact other adjacent neighbors.
Mayor Pro Tem Rossini noted the beauty of the property and confirmed with staff that the storage shed placement is considered "blight," not the property in totality. He referenced the applicants were very involved in the community and appreciated their participation, however, he did believe the City Council needs to adhere to the City's Municipal Code standards. He did note a variance would not be required if the subject structure was lowered to six feet in height.
Councilmember Miles acknowledged the beauty of the property, however she stated there was no compelling evidence presented by the applicant to support her approval. She confirmed the applicant did not apply for a permit until after the subject structure was constructed and expressed concern regarding the precedent approval would set for the community.
Councilmember Jones concurred that approval of this variance would set a negative precedent for the community and cited a variance would not be required if the structure was lowered to six feet.
January 24, 2023 Villa Park City Council Meeting Minutes
Councilmember Wu concurred that approval of this variance would set a negative precedent for the community and also noted the positive involvement of the applicants in Villa Park.
Mayor Pitts invited the applicant and their representatives to provide public comment.
Matt Barger, project applicant, noted the odd-shape of the lot prohibited placement of the shed in any other location on the property, the City did not issue permits for storage sheds, and that he could not readily find requirements for storage sheds readily on the City's website. He stated he was unaware a permit was required for the construction of the storage shed or he would have complied with such process.
Mayor Pitts stated he was required to obtain a permit for storage shed construction on his own property.
City Manager Franks stated the City does not issue permits for storage shed, however there were other Planning requirements and the applicant was informed of those issues.
Mr. Barger stated that every location on his property would also require a variance for the construction of a storage shed.
Councilmember Miles stated the apart from permitting requirements, the height of the structure was in violation of the City's Municipal Code. She expressed concern that the applicant, who had previously complied with other City building requirements for his property, did not inform himself regarding the requirements for the construction of the storage shed. She also clarified a "yes" vote on this item was a vote to deny the variance.
Councilmember Wu inquired regarding the options available to the applicant if the variance was denied. City Manager Franks reported if the variance were denied, the City would issue a notice to the applicant regarding the height of the storage shed and provide a timeline for the applicant to complete any remedies required by the City's Code.
Mayor Pitts closed the public hearing
A motion was made by Mayor Pro Tem Rossini, and seconded by Councilmember Miles to approve Resolution No. 2023-3565 denying action on Variance 2023-01.
AYES: Jones, Miles, Rossini, and Wu
NOES: Pitts
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 3, 4, 6, and 7)
Councilmember Miles requested Item No. 5 be pulled for separate consideration.
January 24, 2023 Villa Park City Council Meeting Minutes
Mayor Pro Tem Rossini requested Item No. 8 be pulled for separate consideration.
Mayor Pitts opened public comments. There being no speakers, public comments were closed.
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Miles, and approved by the following roll call vote, to approve Items 3, 4, and 7 on the Consent Calendar.
AYES: Jones, Miles, Rossini, Wu, and Pitts
NOES: None
ABSENT: None
ABSTAIN: None
November's and December's Cash and Investment Transparency.
The City Council received and filed the report.
4. Request approval of City Council Minutes of December 6, 2022.
The City Council approved the December 6, 2022 City Council Special Meeting minutes.
Approval of Final Parcel Map No. 2020-129 - A subdivision of two existing contiguous parcels totaling 3.175 gross acres into three parcels (20,000 square feet minimum) for construction of three single family residential units on each parcel, at 18605 Mesa Drive.
The City Council:
1. Authorized the City Clerk to accept the Subdivision Agreement and $42,700 Bond provided by Alice Park, LLC, Chris Felix for the remaining subdivision improvements;
2. Approved on behalf of the City of Villa Park the Final Parcel Map No. 2020- 129 as it conforms to the requirements set forth in subdivision Map Act and the previously approved Tentative Parcel Map;
3. Authorized the City Clerk to sign and submit the Final Parcel Map No. 2020- 129 for recordation with the County of Orange Recorder's Office; and
4. Authorized the City Clerk to sign and submit the Certificate of Acceptance for recordation with the County of Orange Recorder's Office.
7. Consideration of the Villa Park Community Services Foundation Appointments.
The City Council approved the re-appointment of Forrest Case, Robert Frackelton, and Tamsen Reinheimer, for two-year terms expiring in January 2025.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
CONSIDERATION
January 24, 2023 Villa Park City Council Meeting Minutes
5. Request approval of City Council Minutes of December 13, 2022.
This item was removed from the Consent Calendar at the request of Councilmember Miles. A number of corrections to the minutes were noted.
Mayor Pitts opened public comments. There being no speakers, public comments were closed.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote, to approve City Council minutes of December 13 2022, as amended:
AYES: Jones, Miles, Rossini, Wu, and Pitts
NOES: None
ABSENT: None
ABSTAIN: None
8. Consideration of Committee Appointments.
This item was removed from the Consent Calendar at the request of Mayor Pro Tem Rossini.
Mayor Pro Tem inquired whether City staff confirmed that the three individuals listed as re-appointees for the Law Enforcement Advisory Committee had affirmed their interest in continuing their service. City Manager Franks stated two members had confirmed their interest, however Mr. Murg had not yet confirmed. Staff stated they left Mr. Murg's name on the list in the event he may not have received the notice and will seek notice of resignation if he does not confirm his interest.
Mayor Pitts opened public comments. There being no speakers, public comments were closed.
A motion was made by Mayor Pro Tem Rossini, seconded by Councilmember Miles, and approved by the following roll call vote to:
1. Re-appoint Michael Rice to the Investment Advisory Committee for two-year term expiring January 2025, and;
2. Re-appoint James Hayes, Ruben Ibarra, and Richard Murg to the Law Enforcement Advisory Committee for two-year term expiring January 2025, and;
3. Open vacancies to fill vacant positions on the Investment Advisory Committee and the Law Enforcement Advisory Committee, and;
4. Adopt Resolution 2023-3566 dissolving the Infrastructure Management Committee and directing staff to initiate ad-hoc committees on an as needed basis to replace it.
AYES: Jones, Miles, Rossini, Wu, and Pitts
NOES: None
January 24, 2023 Villa Park City Council Meeting Minutes
ABSENT: None
ABSTAIN: None
CITY MANAGER REPORT
9. Information from City Manager and/or City Staff.
City Manager Franks clarified the City submitted the most recent Housing Element Plan to the State HCD but has not received a response. The sixty-day response period has not expired. HCD typically responds late in the response period. City Manager Franks wanted to clarify that the City's Plan has not been "turned down" by HCD, but has not yet received a formal response.
There was no further action taken on this item.
MAYOR AND COUNCILMEMBER MATTERS
10. Consideration of 2023 City Council Committee Assignments.
Mayor Pitts confirmed he wanted to ensure continuity on each of the City Council Committee Assignments by including a proposed delegate and alternate appointment.
Mayor Pitts opened public comments.
Mike Felix submitted written correspondence expressing concern regarding Councilmember Jones' relevant experience as related to her proposed appointment to the Law Enforcement Advisory Committee.
John Wittman submitted written correspondence expressing concern regarding Councilmember Jones relevant experience as related to her proposed appointment to the Law Enforcement Advisory Committee and expressed support for Mayor Pro Tem Rossini as the primary delegate with Councilmember Jones serving as alternate to gair experience.
Donna Buxton expressed concern with removal of Mayor Pro Tem Rossini as the primary delegate to the Law Enforcement Advisory Committee, citing his significant experience on the Committee as well as his significant professional background in law enforcement. She did express support for Councilmember Jones to serve as the alternate to the Committee.
Eric Reynolds, current Chair of the Law Enforcement Advisory Committee, submitted written correspondence in support of Mayor Pro Tem Rossini's continued appointment as the primary delegate to the Committee citing his significant experience in law enforcement and previous service on the Committee.
Robert Collacott spoke about the purpose of the Law Enforcement Advisory Committee and that its establishment resulted in the reduction of crime in the City. Mayor Pro Tem January 24, 2023 Villa Park City Council Meeting Minutes
Rossini's service on the Committee has contributed to its continued success and reported that Mr. Rossini's background and established relationships in law enforcement are important to the Committee. He expressed support for Mayor Pro Tem Rossini's appointment as delegate to the Law Enforcement Advisory Committee.
Mike Herms stated his perception that certain items are being approved without the resident's knowledge and lack transparency. He expressed support for the continued appointment of Mayor Pro Tem Rossini as delegate to the Law Enforcement Advisory Committee.
Brian Pharris expressed support for the continued appointment of Mayor Pro Tem Rossini as delegate to the Law Enforcement Advisory Committee due to his significant law enforcement background and experience.
Councilmember Jones noted that she had expressed interest in various committee assignments, as did all members of the City Council, for the Mayor's appointments. She did state that she did have interest in service on the Law Enforcement Advisory Committee. She cited Mayor Pro Tem Rossini's significant experience in law enforcement and would make a motion to have her serve as the alternate, rather than primary delegate, to the Committee.
Councilmember Miles suggested that Mayor Pro Tem Rossini and Councilmember Jones state their reasons for wanting to serve on the Law Enforcement Advisory Committee.
Mayor Pitts stated that he wanted to have two appointees to each Committee to ensure business continuity. He also wanted to ensure there were different perspectives on each of the
Councilmember Miles reported she has an ongoing meeting date conflict and cannot serve as service as alternate for Orange County Library Advisory Board. She noted certain Boards do not allow for alternates and only primary delegates due to their current By-Laws. Certain By-Laws are being proposed for updates to include alternates in the future.
Mayor Pro Tem Rossini stated he could serve as alternate on the Orange County Library Advisory Board. He thanked everyone who wrote in and spoke in support of Mayor Pro Tem Rossini's service on the Law Enforcement Advisory Committee. He stated there was confusion due to the inclusion of proposed delegates and alternates on the list as the City has traditionally only appointed delegates.
Mayor Pro Tem Rossini stated that OCFA does not allow for a voting alternate.
City Manager Franks stated the City Council can appoint delegates and alternates to the various Commitees, however certain Committees have established By-Laws that only authorize official participation and voting privileges to the primary City delegate.
January 24, 2023 Villa Park City Council Meeting Minutes
The City Council can have the primary delegate and alternate attend the meeting, although the primary delegate would have the participation and voting privileges.
Councilmember Miles requested amendment of the motion to ensure her name was removed as alternate on the Orange County Library Advisory Board, to be replaced by Mayor Pro Tem Rossini and that delegate and alternate be removed from the Law Enforcement Advisory Committee and replaced with "member" and "member." Councilmember Jones requested clarification regarding having two members of the City Council serve on the Law Enforcement Advisory Committee. City Attorney Litfin stated that multiple Councilmembers could attend meetings, but not discuss or participate on items.
Councilmember Wu noted his commitment to public transparency and Villa Park Community Service Foundation meetings are held on the fourth Wednesday of the month at 5:30 p.m.
City Manager Franks stated that the Law Enforcement Advisory Committee structure could come back to the City Council for review and consideration as an agenda item.
Brian Ferris stated that additional clarification on items would be helpful in reducing confusion to the public.
Councilmember Wu reiterated his commitment to adherence to open meeting laws (Brown Act) and he and new Councilmember Jones have received applicable training.
There being no further speakers, public comments were closed.
A motion was made by Councilmember Jones, seconded by Mayor Pro Tem Rossini, and approved by the following roll call vote to approve the 2023 City Council Committee Assignments as recommended in the agenda report, as amended to replace delegate and alternate on the Law Enforcement Advisory Committee with the words "member" and "member," to approve Mayor Pro Tem Rossini to serve as the alternate on the Orange County Library Board, and update the list to state the Villa Park Community Service Foundation meetings are held on the fourth Wednesday of the month at 5:30 p.m.
AYES: Jones, Miles, Rossini, Wu, and Pitts
NOES: None
ABSENT: None
ABSTAIN: None
11. Individual Councilmember Information Items.
• Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District
January 24, 2023 Villa Park City Council Meeting Minutes
• Councilmember Miles reported the Finance Committee and the Building, Property, and Equipment Committee entered into an agreement to search for a new building
• She reported Laura Young is the new Director and a reported the change of officers
• The Policy and Personnel Committee report will be brought to the City Council in February related to labor negotiation items November and May are "tick" surveillance months
• Orange County Sanitation District
• Councilmember Pitts attended the meeting and noted former Councilmembers Collacott and Zimmerman were recognized for their service
• Orange County Fire Authority
• Mayor Pro Tem Rossini reported he attended the January 12' meeting and he voted against the need to continue remote meeting attendance, although that item was approved by the Board. • He is in contention to serve as Chair and Vice Chair of the Board and this will be discussed at the upcoming meeting
• Orange County Library Advisory Board
• Councilmember Pitts reported no meeting was held.
• Orange Unified School District City Schools Committee • No report
• Law Enforcement Advisory
• No meeting was held
• Villa Park Community Services Foundation
• No meeting was held
• Housing Legislative Committee
• No meeting was held
• Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported there was a potential for updating the By-laws to increase the number of meetings
• She reported the number of individuals served and entries and exits from the Mercy House program for addressing homelessness. • Senior Citizens Advisory Committee
Councilmember Miles stated she was in support of changing the By- Laws of the Committee, which was agreed to, in order to transform the meeting into an actual advisory Committee to hit the target community.
Councilmember Jones thanked members of the community for their participation and invited the community attend the upcoming February 1, 2023 Villa Park High School Theater Showcase and tour of the Science building.
Mayor Pro Tem Rossini attended the January 12, 2023 ACC-OC State certified harassment training and
January 24, 2023 Villa Park City Council Meeting Minutes
Councilmember Miles attended the recent Hanukah celebration and that she is now the 3rd District representative for the ACC-OC and will be attending those events in the future.
Councilmember Wu wished the community a Happy Lunar New Year and invited the community to the upcoming Lunar New Year Celebration. He also expressed his condolences to those affected by the recent shootings in the City of Monterey Park.
Councilmember Miles inquired whether there were any conflicts on the upcoming February 11t events and affirmed the events would be conducted both inside and outside allowing for concurrent participation.
Mayor Pitts thanked all members of the community who participated in tonight's meeting, reported his attendance at the reorganization of the Orange County Board of Supervisors, and his support for the events conducted by the Villa Park Library.
ADJOURNMENT
The meeting was adjourned at 8:38 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, February 28, 2023.
Noberd/eels
obbie Pitts, Mayor
City of Villa Park
Hellon
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.