ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
January 23, 2024
Regular Meeting
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Rossini called the meeting to order at 6:30 p.m.
COUNCILMEMBERS:
PRESENT: Miles, Pitts, Wu, Jones, and Rossini
ABSENT: None
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Councilmember Miles.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Villa Park Library
Villa Park Library staff provided a presentation on upcoming and continuing programs including Lunar New Year Bingo, Valentine's Day card cratts, Teen Journal collages, Family Storytime, Baby and Toddler Storytime, and first Monday of the month Book Chat program. March is "Kindergarten Readiness Month" and there will be significant programming related to preparing students for kindergarten. The Villa Park Library will also provide tax forms and assistance with printing out documents, as needed. • Orange County Sheriff's Department
Orange County Sheriff's Department (OCSD) Captain AJ Patella provided the monthly law enforcement summary. He noted that residents are calling in suspicious activity at a higher rate, which is good for the community. It was noted that stolen vehicle incidents have increased recently, however, all other statistics appear to be generally flat. Captain Patella did report on the recent speeding traffic collision which occurred the previous Sunday, however it did not result in any fatality or serious injury. • Orange County Fire Authority (OCFA)
Division Chief Wiedensohler provided the monthly summary of fire activity. He provided detail noting the safety topic of the month was related to the use of smoke detectors, stating that almost two-thirds of all home fire deaths occur in homes with no working smoke alarms. Working smoke alarms reduce risk of dying in a home by fifty percent.
The community was invited to the upcoming OCFA Open House on Saturday, March January 23, 2024 Villa Park City Council Meeting Minutes
16, 2024, from 10:00 a.m. to 4:00 p.m. Information on the event will be placed on the City's feeder.
PUBLIC COMMENTS
Sandy and Dann Froehlich, 19366 Mesa Drive, expressing concern regarding a proposed senior care facility in their neighborhood. Sandy cited negative health and safety impacts on the neighborhood as a result of the proposed facility, including increases in traffic and business use, which are significant due to the unique setting and current uses in their neighborhood. She submitted documents for the record, including a petition signed by residents and a letter, requesting denial of the subject project.
City Attorney Todd Litfin stated that State law preempts local law with regard to the facilities of six residents or less as described by the previous speaker, and the subject project must be treated as a residential use. The City is always concerned regarding the state of the community, however, it is preempted from prohibiting the use.
Mayor Pro Tem Jones inquired whether the existing width of the road presented a mitigating circumstance in the case of the subject property. City Manager Steve Franks responded stating that emergency vehicles have to be able to get down to any road. He had suggested the owner conduct research on whether an easement agreement between the owners of the private road had been recorded, which may require a civil agreement between owners on the private road. However, City Manager Franks noted that there is no special requirement for the width of the road, it would be no different than required widths for residential areas, due to State law.
Councilmember Miles left the dais and the meeting at this juncture.
City Manager Franks further noted that all homes in Villa Park have to comply with all building, road access, and zoning requirements, and the City can enact code enforcement for violations. He stated the owner of the subject property has conducted research and is aware of all requirements for the subject area.
Mayor Rossini stated that the matter brought up by the speak is not on the agenda and further discussion is prohibited. He did appreciate the speaker's comments, the Mayor Pro Tem's questions, and staff response to get the general information to the public, however, no further discussion on the matter was conducted.
Mayor Rossini called for a five-minute recess of the meeting at this juncture.
The City Council meeting was reconvened with all five Councilmembers present.
PUBLIC HEARINGS
1. Waive reading in full of all ordinances and resolutions on the agenda.
January 23, 2024 Villa Park City Council Meeting Minutes
City Manager Franks explained the state law requiring the reading of all ordinances and agendas on the agenda for the benefit of the new members on the dais. He explained this vote waives the legal requirement to read items in full and facilitates meeting efficiency.
Mayor Rossini opened the public hearing and public comments. Seeing none, Mayor Rossini closed public comments and the public hearing.
A motion was made by Councilmember Pitts, seconded by Councilmember Miles, to waive the reading in full of all ordinances, resolutions, and meeting minutes on the agenda, and direct the City Clerk to read each by title only.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
2. Consideration of the Addition of Section 18-6 to the Villa Park Municipal Code Pertaining to Maintenance and Repair of Lateral Sewer Lines City Manager Franks provided a staff report on the item as detailed in the public agenda report. He noted that there was a need for clarity within the City's municipal code as to the responsibilities of each party, including residents and the City itself, for maintenance and monitoring of certain sewer lines.
Mayor Rossini opened the public hearing and public comments. Seeing none, Mayor Rossini closed public comments and the public hearing.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Jones, to introduce Ordinance No. 2024-631 for first reading.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
Variance 2024-01 - A request to create a parcel of land that is less than the minimum E-4 (single family residential estate) zone lot size requirement of 20,000 square feet. The proposed subdivision would divide one 39,040.05 square foot lot into two parcels, with Parcel 1 being 20,004.76 square feet, and Parcel 2 being 19,035.29 square feet, a deviation of 964.71 square feet.
Assistant Planner Justin Urbanski provided a staff report on the item as detailed in the public agenda report. He noted the subject of the application is a request to subdivide the January 23, 2024 Villa Park City Council Meeting Minutes
property to create a parcel of land that is less than the minimum lot size requirement of 20,000 square feet. Per the zoning code, all properties in the E-4 zone must be at least 20,000 square feet in size. If the subdivision is approved, Parcel 1, at 20,004.76 square feet would maintain the existing single-family residence with modifications, and Parcel 2, at 19,035.29 square feet, would include construction of a future single-family residence.
The Engineering Department has also reviewed the variance request and would ensure that any new driveway will maintain a safe distance from Mesa drive from the intersection of Mesa drive and Crestview Circle. The proposed variance request would require separate approval of the tentative parcel map. The tentative parcel map would only get a vote if the variance is first approved. Then the applicant would have to bring the tentative parcel map before the City Council next month for your consideration. The applicant would then work with City staff for the final parcel map. As required by state law, the City did mail and publish public notices for at least 10 calendar days prior to the hearing. It was also published in the Orange City News. A letter was received with 21 signatures in support. There was no correspondence submitted in opposition to the request. Staff is recommending approval of the recommended action in the public agenda report.
Mayor Rossini opened the public hearing and public comments.
Councilmember Miles noted her support for property rights and expressed gratitude to the applicant for contacting her on this matter.
The applicant, Hebatollah Badiee, stated that his intent for the subdivision was to construct a home for his daughter.
Councilmember Pitts stated that an alternative to subdividing the property would be a construct an Accessory Dwelling Unit (ADU) on the existing lot. He expressed concern at the long-term consequences to the City of subdividing lots, which could change the character of the community. He noted his support for property rights, however, he did state a preference for an ADU, rather than to split the lot for this subject property.
Mayor Rossini concurred with Councilmember Pitts comments and expressed concern regarding similar future subdivisions occurring in the same area due to the narrow conditions along Mesa Drive. He requested the applicant exercise consideration for the neighborhood and limit off-street parking during the construction period. He has no opposition to the project as currently presented.
Seeing no further speakers, Mayor Rossini closed public comments and the public hearing.
A motion was made by Mayor Pro Tem Jones, seconded by Councilmember Wu, to approve Variance No. 2024-01, subject to the conditions of approval contained in Resolution No. 2024-3585, Exhibit "A" and finds the Variance Categorically Exempt in accordance with Section 15061(b)(3) and Section 15332, Class 32, In-Fill Development Projects of the California Environmental Quality Act (CEQA).
The motion carried by the following roll call vote:
January 23, 2024 Villa Park City Council Meeting Minutes
AYES: Miles, Wu, Jones, and Rossini
NOES: Pitts
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 4 - 7)
A motion was made by Councilmember Pitts, seconded by Mayor Pro Tem Jones, to approve the Consent Calendar (Item Nos. 4 through 7).
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
4. December's Cash and Investment Transparency
The City Council received and filed this report.
5. Request approval of City Council Minutes of December 19, 2023 The City Council approved the minutes of December 19, 2023.
6. Villa Park Community Services Foundation Appointment The City Council, as the Member of the Foundation, re-appointed Ed Carter, Jill Kuli, Mark Kuli, Birgit Miller, and Rich Ulmer for a two-year term expiring January 31, 2026.
7. Villa Park Policy Manual Updates
The City Council approved the policy updates for COVID-19 Guidance and Exposure Control Plan and Discrimination, Harassment, & Retaliation.
NEW BUSINESS
8. Audit Reports for Year Ended June 30, 2023
City Manager Franks provided a staff report on the item as detailed in the public agenda report. There were no negative findings as a result of the annual audit conducted pursuant to State law. City staff were acknowledged for their diligent work on the City's financial documents and it was noted the City has been awarded the Government Finance Officers Association award for the excellence of their budget and budgeting best practices over the years.
January 23, 2024 Villa Park City Council Meeting Minutes
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Mayor Pro Tem Jones, seconded by Councilmember Pitts, to receive and file the City's Basic Financial Statements, the Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, the Independent Accountants' Report on Applying Agreed-Upon Procedures Appropriations Limit Worksheets and the Report on Communication with Those Charged With Governance for the year ended June 30, 2023.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
9. Parking Modifications at Various Locations
City Manager Franks requested the item be continued to the meeting of February 27, 2024 in order to provide additional clarification on certain exhibits and other related information.
Councilmember Miles requested additional information to be placed in the upcoming report, including making the curb red when exiting Villa Park High School. City Manager Franks confirmed that is one of the items that will be clarified when the report returns next month, and that the Sheriff's Department also requested similar clarifications.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
This item was continued by consensus to the meeting of February 27, 2024.
10. Taft Avenue and Nichols Avenue Cross Gutter and Asphalt Repair Contract Award.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. He noted this item is to address weather impacts to the gutter section to ensure water flow is not impacted. Bids were obtained and staff is recommending approval as to decrease potential risk exposure.
In response to Mayor Rossini, City Manager Franks confirmed the repair work will be completed within a two-week timeframe upon approval of this item and commencement of work. City Manager Franks also confirmed City staff will work with local schools and the contractor to minimize impacts on school traffic during construction.
January 23, 2024 Villa Park City Council Meeting Minutes
Mayor Pro Tem Jones inquired as to the wide disparity in the bid amounts submitted by the various contractors. City Manager Franks responded the same specifications went out to all vendors and there was no rationale behind the disparity that staff could discover.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Miles, seconded by Councilmember Wu, to authorize the Mayor to execute a construction contract with Cheloletty Engineering, Inc n the amount of $17,460 for the Traft Avenue and Nichols Avenue Cross Gutter an Asphalt Repair.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
11. Change Order #4 Engineering Design for FY 2022-23 Annual Street Rehabilitation Projects.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. He noted that there had been resident concerns submitted concerning impacts to safety due to the removal of a stop sign on Nichols. A traffic engineer will also review the subject projects and provide recommendations to increase safety. Staff recommends approval of the recommendation in the public agenda report. Written correspondence from Chad Zimmerman was distributed for the record.
Discussion ensued on various aspects of the project, including ensuring review of intersection safety and generation of related recommendations for implementation.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Jones, to approve the change order #4 for FY 2022-23 Annual Street and Cerro Villa Drive Street Rehabilitation Projects in the amount of $8,640 to include additional work.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
12. Support of SB 21
January 23, 2024 Villa Park City Council Meeting Minutes
City Manager Franks provided a staff report on the item as detailed in the public agenda report. SB 21 will strengthen fentanyl recovery provisions for those charges with related crimes and admonishments.
In response to Mayor Rossini's inquiry, City Attorney Litfin confirmed that under SB 21, a drug charge could be expunged under certain conditions, however, the admonishment will remain in effect.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Jones, to authorize the Mayor to sign a letter of Support for SB 21 consistent with prior support of the City Council of SB 44 in 2023.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
CITY MANAGER REPORT
13. Information from City Manager and/or City Staff.
City Manager Franks provided a report summarizing the information in the publicly noticed agenda report. Items mentioned included commencement of the 2024-25 budget process and completion of the pavement management program, with the exception of the intersections discussed under previous items on this agenda.
There was no action taken on this item.
MAYOR AND COUNCILMEMBER MATTERS
14. Consideration of 2024 City Council Committee Assignments.
Mayor Rossini noted that he took into consideration the fact that he and Councilmember Pitts have limited time remaining on the City Council due to term limits, and made his recommendations to provide additional opportunities for the other Councilmembers.
There are certain Committees which require the Mayor or Councilmember Pitts to continue their service, due to their subject matter experience.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
January 23, 2024 Villa Park City Council Meeting Minutes
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Jones, to approve the 2024 City Council Committee Assignments, as recommended in the publicly noticed agenda report for this item.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
City Manager Franks reported on the recent action by a Los Angeles County judge requiring the City of Beverly Hills halt the issuance of building permits due to their lack of affordable housing and their non-compliance with housing development requirements.
Mayor Rossini thanked City Manager Franks and City Attorney Litfin for their work on housing matters and avoiding the types of issues experienced by other cities, like Beverly Hills.
15. Resolutions Opposing Ballot Measures
Mayor Pro Tem Jones expressed her support for the City Council to oppose Proposition 1, as the information provided by the proponents appears disingenuous.
Mayor Rossini concurred with Mayor Pro Tem Jones' position to oppose Proposition 1.
Councilmember Miles expressed her support for the City Council to oppose Proposition 1, ACA 1, and ACA 13, and noted collectively they will further erode local control provisions and potentially increase taxes by changing thresholds for the passage of Constitutional amendments.
Councilmember Pitts expressed concern that the City Council opining on State ballot measures does not have a direct impact on Villa Park residents and that consideration of support or oppose positions appears to have political motivations.
Mayor Rossini stated that resolutions of this type are common practice in municipalities.
In response to Councilmember Wu's inquiry, City Attorney Litfin confirmed that City Council adoption of a support or oppose position will not have any impact on whether the particular ballot measure appears on the Statewide ballot.
Councilmember Wu concurred with Councilmember Pitts in that he does not support these type of items being placed on a Villa Park agenda.
Mayor Pro Tem Jones noted that generally, the City Council should focus on items directly under the City's subject matter jurisdiction, however, the matters under consideration are January 23, 2024 Villa Park City Council Meeting Minutes
those generally that she believes most Villa Park residents are also opposed to, in order to preserve the character of the community.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Miles, seconded by Mayor Pro Tem Jones, to approve resolutions in opposition to the following three Ballot Measures:
March 5, 2024 Statewide Ballot
Proposition 1 - Behavioral Health Services Program and Bond Measure November 4, 2024 Statewide Ballot Measure
Assembly Constitutional Amendment 1 (ACA 1) - Local Government Financing
Assembly Constitutional Amendment 13 (ACA 13) - Voting Thresholds The motion carried by the following roll call vote:
AYES: Miles, Jones, and Rossini
NOES: Pitts, Wu
ABSENT: None
ABSTAIN: None
16. Individual Councilmember Information Items.
Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District (Councilmember Miles) - Attended General and Budget and Finance Committee meetings on January 18, 2024. Items discussed included the fully funded 115 trust and balanced budget, potential assessments in District One to fund certain sterilizations. - Provided a summary of service activity performed by the District over the past year, including educational events, surveillance, and vector control. A PowerPoint presentation was displayed.
Orange County Sanitation District (Councilmember Pitts) - Attended a Closed Session concerning properties in Huntington Beach and "right-of-way" issues; there may be future litigation as a result of the matter; reviewed the General Manager's work plan for 2023/24, and toured the new facility.
Orange County Fire Authority (Mayor Rossini)
Next meeting of Board will be January 25, 2024
- Attended Budget and Finance Committee meeting on January 10, 2024. Items discussed included 2023/24 Mid-year financial report, paying down retiree health benefits, and pre-funding of large capital purchases, such as the Fire Hawk helicopters.
Orange County Library Advisory Board (Councilmember Pitts) - Councilmember Pitts provided a brief report
Orange Unified School District City Schools Committee (Mayor Pro Tem Jones) January 23, 2024 Villa Park City Council Meeting Minutes
- Meeting held January 22, 2024. Items discussed included lack of crossing guards, local housing mandates and impacts on enrollment, formation of a committee to evaluate school properties and facilities, presentation concerning proposed new pool at Villa Park High School and City of Orange announcement of a new skate park at Grijalva
- Announced the upcoming school events including Villa Park High School Showcase and Community Open House and Villa Park High School becoming a "closed" campus, and school closures for the observance of the President's Day holiday weekend.
Law Enforcement Advisory Committee (LEAC) (Mayor Rossini and Mayor Pro Tem Jones)
- A meeting will be held on January 17, 2024. Items discussed included ALPR project, SB 44, legislation and other reporting/enforcement mechanisms concerning illegal firework use.
Villa Park Community Services Foundation (Councilmember Wu) Reported on the upcoming Lunar New Year celebration on Saturday, February 10, 2024 and current membership drive.
Housing Legislative Committee (Councilmember Miles)
No meeting held.
Bridges at Kraemer Place Advisory Committee (Councilmember Miles) - Next meeting to be held on January 24, 2024
Orange County Older Adults Commission (Councilmember Miles) - Reported on the current Master Plan on Aging, which will focus on specific key components
- Final By-laws were approved today by the Orange County Board of Supervisors, which will facilitate and encourage volunteer participation.
Additional Councilmember reports:
• Councilmember Wu: Announced the upcoming Villa Park High School Fentanyl awareness workshop, wished residents a Happy Lunar New Year, and welcomed residents to the upcoming Lunar New Year festivities at City Hall. • Councilmember Miles: Reported on attendance at the ALPR Town Hall, Eagle Scout Court of Honor for five individuals, and congratulated all Eagle Scout awardees for their significant achievement.
• Mayor Pro Tem Jones: Reported on attendance at the "Meet the Mayor" event, APLR Town Hall, requested residents to submit their ALPR questions to the City and Council, and congratulated City staff for their GOA Distinguished Budget Presentation award.
• Councilmember Pitts: Reported on attendance at the ALPR Town Hall and Christmas Day lunch and dinner event prepared by his wife and he and delivered to First Responders.
January 23, 2024 Villa Park City Council Meeting Minutes
• Mayor Rossini: Reported on attendance at the ALPR Town Hall, hosting of his first annual "Meet the Mayor" event, and plans for more regular "Meet the Mayor" gatherings.
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, February 27, 2024, 6:30 p.m.
Vince Rossini, Mayor
City of Villa Park
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.