ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
April 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 6:32 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.
PUBLIC COMMENTS
None.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Recognition - Villa Park High School Mock Trial & Academic Decathlon Team Mayor Pro Tem Jones acknowledged that thanks to the efforts of Villa Park High School teacher Cynthia Huffman, the mock trial was made part of a class where students can earn class credit. This class includes training for and participation in the Orange County academic decathlon. This year was the first time in over 10 years that the Villa Park High School team entered the Orange County academic decathlon. The Villa Park team did very well and achieved a second place finish in their division in the overall team scoring with many members of the team earning multiple medals individually. The Villa Park City Council acknowledged Cynthia Huffman, the team's Villa Park High School advisor and Marc Hurd, their attorney coach, for all of their efforts. Thanks go out to Villa Park Rotary and their Youth Chair, Chad Zimmerman, for sponsoring the mock trial team and paying for all of their competition dues. Students were presented with certificates acknowledging their accomplishments. A representative from the Office of County of Orange Board of Supervisors Chairman Don Wagner also offered recognition of the team's achievements.
• Presentation - Association of California Cities Orange County (ACCOC) April 23, 2024 Villa Park City Council Meeting Minutes
Kris Murray, Association of California Cities Orange County (ACCOC), provided a brief presentation concerning their activities. Items presented included thanking the City for its investment in the organization, the background of the ACCOC organization, their mission to ensure that Orange County has an effective voice on public policy that affects all of our communities, the benefits of city membership in the organization, the composition of their Board of Directors, and their strategic plan and current work program activities. • Orange County Sheriff's Department
Orange County Sheriffs Department (OCSD) Captain AJ Patella provided the monthly law enforcement summary. He noted there are continuing DUl drivers coming through the City and reminded residents to continue to remain vigilant concerning criminal activity. A Fourth of July Fireworks tip line was under consideration and a reminder given to celebrate in a safe manner.
Council and staff discussion ensued concerning enforcement regarding illegal fireworks, the uptick in traffic accidents on Villa Park Road, and clearing of lanes for public safety vehicles.
• Orange County Fire Authority (OCFA)
Division Chief Wiedensohler provided the monthly summary of fire activity. He reported on the current month's fire safety topic, "poolside safety," reminding residents to remain vigilant about protecting against accidental drownings and to have a "water watcher," available at all times when someone is in the water. He reported on wildland fire season coming up and protective activities such as weed abatement, related Authority training, and community risk reduction.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
PUBLIC HEARINGS
Waive reading in full of all ordinances and resolutions on the agenda.
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 Wu, 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.
April 23, 2024 Villa Park City Council Meeting Minutes
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
2. Variance No. 2024-03 18462 Adams Ranch Road.
Assistant Planner Justin Urbanski provided a staff report on the item as detailed in the public agenda report. This is one of the last remaining vacant parcels in the City. He provided background detail on the previous approved variance applications. There are two parts of the variance request. One, to request of an encroachment into the minimum required front side and rear yard building setbacks for a new single family dwelling. And, second, to ask for a wall and retaining wall height deviation along the north side property line to assist with grading and privacy, as was required by State law. The item was noticed and published in a local newspaper 10 days prior to the public hearing. To date, the City has not received any letters of support or opposition from neighbors. Staff is recommending approval and provided substantiation.
Mayor Rossini disclosed his family contracted with the applicant, Michael Masilotti, when he remodeled his own residence. He has not endorsed the applicant or does he know the property owners. Consultation with the City Attorney confirmed there was no conflict of interest.
Mayor Rossini opened the public hearing and public comments.
Council and applicant discussion ensued concerning having the property finally developed and it is often used as a "cut through" by teenagers who trespass onto both private and public property and having the variances lapse year after year.
Michael Masilotti confirmed the proposed property projects were impacted by the recent pandemic and the property owners are ready to move forward with pouring of foundations subject to the approval of tonight's item.
Seeing no others, Mayor Rossini closed public comments and public hearing. approve Variance No. 2024-03, subject to the conditions of approval contained in Resolution No. 2024-3592, "Exhibit A," and finds the item Categorically Exempt, pursuant Minor Alterations to Land, Class 4, from the provisions of the California Environmental Quality Act (CEQA).
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
April 23, 2024 Villa Park City Council Meeting Minutes
NOES: None
ABSENT: None
ABSTAIN: None
3. Tentative Parcel Map (TPM) 2024-115 - A request to subdivide a single parcel of land that is 44,467.50 square feet (1.02 acres) into two (2) parcels of land (Parcel 1: 20,000 square feet (0.459 acres), and Parcel 2: 24,467.50 square feet (0.562 acres) for the purpose of maintaining of the existing single-family residence on Parcel 1 and constructing a future single-family residence on Parcel 2).
Assistant Planner Justin Urbanski provided a staff report on the item as detailed in the public agenda report. The proposed project was described and it was noted the private street must be maintained for ingress and egress at all times. There are no variances accompanying the application. The Engineering Department reviewed the tentative parcel map request and will ensure that best engineering standards are adhered to during the subdivision, as required by State law. The item was noticed at least 10 calendar days prior to the hearing, and it was also published in the Orange City News. The City received two letters of support from the neighboring properties. Staff is recommending approval and provided substantiation.
Mayor Rossini opened the public hearing and public comments.
Council and applicant, Sam Olsen, discussion ensued concerning the property owner's current leasing of the subject property to a family to keep it occupied and their intent to build a house on the second parcel as their own residence. The other house would be a guest house for family members to stay when they visit.
Sam Olsen, applicant, expressed his family's intent to build and reside in the home on the subject property. Council and applicant discussion ensued concerning the specifics of the project, including size of the home, potential remodeling of the existing home on the property, and the ability to sell the house in the future, which is the intent of the lot split now. Mr. Olsen indicated he owned four houses in the City, one of which is going to be an assisted living home.
Council discussion ensued concerning the lot splits and sales, reaching out to individuals who submitted letters of support, the Council's scope of authority as it relates to lot splits and assisted living situations in compliance with State law, and the concern about State legislative reach into local control as related to housing, A motion was made by Mayor Pro Tem Jones, seconded by Councilmember Wu, to approve TPM 2024-115, subject to the conditions of approval contained in Resolution No. 2024-3593, Exhibit "B" and finds the tentative parcel map Categorically Exempt in accordance with Section 15061(b)(3) and Section 15332, Class 15, Minor Land Divisions of the California Environmental Quality Act (CEQA).
The motion carried (3 - 2) by the following roll call vote:
April 23, 2024 Villa Park City Council Meeting Minutes
AYES: Wu, Jones, and Rossini
NOES: Miles, Pitts
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 4 - 10)
A motion was made by Councilmember Pitts, seconded by Mayor Pro Tem Jones, to approve the Consent Calendar (Item Nos. 4 through 10).
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
3. March's Cash and Investment Transparency
The City Council received and filed this report
Request approval of City Council Minutes of March 26, 2024 The City Council approved the City Council Minutes of March 26, 2024.
6. Agreement with ClearGov.
The City Council approved and authorized the Mayor to sign the proposed agreement and the City Manager to sign the Service Order Amendment with ClearGov.
Contract with Brea IT for Information Technology Services.
The City Council approved and authorized the Mayor to sign Information Technology Support Services Agreement with Brea IT.
8. Accept and File Notice of Completion - FY 2022-23 Annual Street Rehabilitation Project.
The City Council:
Accepted the FY 2022-23 Annual Street Rehabilitation Project from the Contractor, ONYX PAVING COMPANY, INC.
Authorized the City Clerk to file and record the Notice of Completion; and April 23, 2024 Villa Park City Council Meeting Minutes
3. Authorized staff to release the retention 35 days from the recordation of the Notice of Completion upon verification that no liens have been levied against the Contractor, ONYX PAVING COMPANY, INC.
Ratification of a Construction Contract for the Lincoln Street Asphalt (AC) Repairs, Just West of Potter Circle.
The City Council:
Made a finding that an emergency existed due the need for the immediate Lincoln Street AC Repairs and required immediate action to protect public health and safety;
Declared that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health; and Ratified a construction contract with Cheloletty Engineering, Inc. for the Lincoln Street AC Repairs, in the amount of $11,170.
10. Ratification of a Construction Contract for the Nicholes Avenue Wall Repair, Just North of Serrano Avenue Intersection.
The City Council ratified a construction contract with Cheloletty Engineering, Inc. for the Nicholes Avenue Wall Repair, in the amount of $2,500.
ITEMS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE
CONSIDERATION
None.
NEW BUSINESS
11. Approval of 2024-25 OC Animal Care Notice of Intent.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. Staff recommends approval, citing the beneficial services from the County, and noting there have been no complaints or issued raised by residents.
City Council and staff discussion ensued including confirming the City receives a monthly report from the County on related services and costs and the types of calls for animal care services.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Pitts, seconded by Mayor Rossini, to:
April 23, 2024 Villa Park City Council Meeting Minutes
Approve and authorize the City Manager to sign the Animal Care Notice of Intent for the provision of animal care and shelter services for FY 2024-25 in the amount of $30,930 consistent with the Agreement for Provision of Animal Care Services as executed in April 2016; and
Direct the City Manager to include the amount specified in the Notice of Intent in the proposed FY 2024-25 City of Villa Park budget.
The motion carried by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
12. Approval of the "Repair and Maintenance Agreement" Between the City of Villa Park and Orange County Water District for the Storm Drain Improvements and Repair of Advancement Slopes, West of Blue Diamond Basin.
City Attorney Litfin provided a staff report on the item as detailed in the public agenda report. He confirmed the history of the issue concerning the subject storm drain and his recommendation concerning the City not getting involved in disputes with other governmental entities. He provided the detail of the resulting proposed agreement with the Orange County Water District for the subject improvements and repairs. If there is erosion in the future, the City would be responsible for fixes so it does not happen again.
The City has the right to review the plan for the District's fixes to ensure adequacy from an engineering standpoint.
Council and staff discussion ensued including comments regarding City payment for future erosion damage and history of the erosion at the subject site.
Councilmember Pitts recused himself from action on this item, citing potential conflict of interest concerns.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Mayor Pro Tem Jones, seconded by Councilmember Wu, to uthorize the City Manager to execute the "Repair and Maintenance Agreement" betwee range County Water District and City of Villa Park, prior to the Orange County Wate District's final execution.
The motion carried (4 - 0 - 0 - 1) by the following roll call vote:
L AYES: Miles, Wu, Jones, and Rossini
NOES: None
April 23, 2024 Villa Park City Council Meeting Minutes
ABSENT: None
ABSTAIN: Pitts
13. Plan Check Services
City Manager Franks provided a staff report on the item as detailed in the public agenda report. He noted this is a continuation of current plan check services contracts in place.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Mayor Pro Tem Jones, seconded by Councilmember Wu, to:
Authorize Mayor to sign Contract Services Agreement for Plan Checking Services with Melad.
2. Authorize Mayor to sign Contract Services Agreement for Plan Checking Services with VCA.
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
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 the FY 2024-25 budget preparation and preparation of the Housing Element update.
Council and staff discussion ensued including housing element litigation, issues related to homelessness and sleeping on streets, the imposition of fee dedications and easements, California Mitigation Fee Act, one of the awardees earlier in the evening was the daughter of former Villa Park City Manager Ken Domer, the issue of builder's remedies, homeless shelter requirements, and issues related to development fees.
There was no action taken on this item.
MAYOR AND COUNCILMEMBER MATTERS
15. Individual Councilmember Information Items.
Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District (Councilmember Miles) April 23, 2024 Villa Park City Council Meeting Minutes
Reported on the April 15 Operations Committee meeting and her appointment as Chair; scope of the upcoming Sterile Insect Technique (SIT) project; Reported on the April 18 Budget and Finance Committee meeting, including approval of the audit and amended investment policy and other items, including going out to bid on property related items.
Orange County Sanitation District (Councilmember Pitts) Reported on the March 27h Board meeting, including review of 2-year budget and receipt of AAA credit rating; Ribbon cutting on new facility on May 22nd and June 8'h community open house.
Orange County Fire Authority (Mayor Rossini)
- Attended four meetings in the past month, including the regular Board meeting, Executive Committee meeting, CIP Committee meeting, and Budget and Finance Meeting; Items discussed included the joint powers agreement, safer grant application, and temporary use of property agreements; Closed Session labor negotiation items with no reportable action; Upcoming CIP projects were discussed, including potential renovation of Villa Park's Fire station and the increasing costs related to Fire equipment; Fire staffing has increased which has reduced overtime impacts.
Orange County Library Advisory Board (Councilmember Pitts) - No meeting was held.
Orange Unified School District City Schools Committee (Mayor Pro Tem Jones) - No meeting was held.
Reported that she was contacted by residents concerning crossing guard issues and dangerous student behavior on e-bikes; She requested those item be placed on the next agenda for review and consideration.
Law Enforcement Advisory Committee (LEAC) (Mayor Rossini and Mayor Pro Tem Jones)
No meeting was held.
Villa Park Community Services Foundation (Mayor Pro Tem Jones) Reported the main focus was the Earth Day event, held April 20", which feature free document shredding and e-waste collection; the Foundation raised awareness concerning minimizing the use of single-use plastics and encouraged the planting of greenery in their yards.
- City staff reported that Mayor Pro Tem Jones negotiated with the Foundation to help contribute toward the costs for law enforcement services at the Boat Parade and Santa Tour.
Housing Legislative Committee (Councilmember Miles)
No meeting was held.
Bridges at Kraemer Place Advisory Committee (Councilmember Miles) - Meeting will be held April 24th
Orange County Older Adults Commission (Councilmember Miles) - Reported that upcoming legislation concerning older adults was discussed for support or oppose positions; Executive Board meeting is Friday; May is Older Americans Month; Reminded the community of the services and programs offered by the Office on Aging; She will attend the upcoming California Association of Area Agencies on Aging conference in San Jose, which will be paid for by the County.
April 23, 2024 Villa Park City Council Meeting Minutes
Additional Councilmember reports:
• Councilmember Wu: Announced attendance Earth Day event and helped with the distribution of free compost to residents.
• Councilmember Pitts: No report.
• Mayor Pro Tem Jones: Reported on the Santa Ana River Watershed cloud seeding, noting information was placed on the City's feeder; Thanked City staff for the budget presentation and all their hard work.
• Councilmember Miles: Wished residents a Happy Passover, for those who observe the holiday, reported on her meeting with local delegates and leadership in Sacramento and concerns regarding the State's budget deficit, mandates for going all electric, discussion of Proposition 1 and 47 and the negative reaction by some of the legislators.
• Mayor Rossini: No report, but also thanked City staff for an excellent budget presentation.
ADJOURNMENT
The meeting was adjourned at 8:25 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, May 28, 2024, 6:30 p.m. и
Vince Rossini, Mayor
City of Villa Park
ATTEST:, Hth
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.