ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
June 25, 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 6:36 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 Pitts.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS City Manager Steve Franks invited City Attorney Todd Litfin and Sheriff's Captain AJ Patella to provide a briefing to the City Council and community concerning State laws which limit the City's ability to permit, monitor, or have approval authority over sober living facilities.
City Attorney Litfin reported sober living facilities are a group of a number of different types of residential care facilities of which some are licensed and some are unlicensed.
The State of California, for a number of licensed facilities, has specific references in the California Health and Safety Code that limit what a City can do as far as the allowance or the prohibition of these types of facilities in general, if the facility only houses six or less individuals who are receiving treatment. The City legally has to treat them exactly how it treats every other single family residential home, as if a family lived there. That is a matter of State law. If there are between seven and twelve individuals residing on the property the City generally has the ability to review the situation and issue or not issue a permit, usually via a conditional use permit.
City Attorney Litfin continued by noting that "sober living facilities" is a name that has generally been given to a number of treatment centers that have taken place in residential homes that do not fit within one of the State licensure categories. They are generally not licensed by the State. When these started popping up, a number of cities tried to regulate them by saying these same rules do not apply to sober living facilities, and they can be barred in residential communities. Namely, those cities were Costa Mesa and Newport Beach, who fought these issues for a number of years as the issue went through both the California State and the Federal judicial system. The rules that were put in place by the June 25, 2024 Villa Park City Council Meeting Minutes
courts were that addiction itself is deemed a disability under the American with Disabilities Act and the Fair Housing Act, so it is unconstitutional for cities to ban them or treat such facilities differently than residential single family residences, particularly if there are six or less individuals residing at the property. And cities fought this all the way up to the Ninth Circuit, and have spent millions upon millions of dollars trying to regulate them. In the court system, those challenges have failed. Costa Mesa is currently still in litigation, bouncing back and forth between the Ninth Circuit and the Federal district court as to what are appropriate procedures and restrictions that a city can put in place. One such regulation is potentially a registration requirement. Another issue that Costa Mesa has tried to put in place is a distance buffer. In Costa Mesa, the buffer would be 1000 feet in- between homes. The County of Orange also has a similar buffer. That issue, and whether it is appropriate, is still being litigated, so cities have been struggling with this.
City Attorney Litfin continued by noting that at the State legislature, a number of primarily Orange County State legislators have tried to push through legislation which gave cities more control over these types of situations. As of yet, there has been no real progress.
They are still working on it, but that is the regulatory framework that the City of Villa Park finds itself in. The City is either prohibited, prohibited specifically by State law or by judicial rulings, as far as these types of facilities. There are certain things that the City can do.
One is just like any other property, if it becomes a nuisance, if there are property maintenance issues and the property is not being taken care of, if there are noise issues that such as excessive partying or people outside drinking, then the City can deal with it just like we do any other residential property out of compliance with the municipal code.
However, it has to be a property-specific failure, rather than the mere existence of the sober living facility itself. He has been consulting with the City Manager to brainstorm potential restrictions and as much City control as can be established over the subject facilities under current State law. The plan is to return at a future City Council meeting recommendations and options to give the City as much as control as possible, without subjecting itself to legal liability.
Mayor Rossini announced that public comments and questions would be invited at the appropriate time during this presentation and reminded individuals in attendance not to comment from the audience. He turned the presentation over to Sheriff's Captain AJ Patella.
Sheriff's Captain AJ Patella reported that while he understands the concern, a pause should be taken to ensure the City takes the best legal approach. He noted his previous work in behavioral health response and generally speaking, the operators of such facilities have good intentions about helping people. He recommends an informed and cautious approach. The Sheriff's Department plans to respond appropriate to any related situation that occurs, and will document all responses.
City Manager Franks noted this matter was not listed on the agenda as a discussion or decision-making item and a limited presentation was given due to the amount of community concern regarding this matter. He personally has responded to several community email inquiries about the City's potential response to such facilities and the Council has been informed of those written correspondences.
June 25, 2024 Villa Park City Council Meeting Minutes
City Manager Franks continued by noting the City shares the community's frustration and wanted to communicate publicly by clarifying the City's legal parameters around this issue. He stated emphatically that the City has not approved anything nor permitted anything. The City does not even have the ability to regulate such facilities. He reported the Cities of Costa Mesa and Newport Beach have spent millions to litigate this issue, noting Newport Beach had already spent approximately $6 million, which is the entire City of Villa Park budget. He noted that if the City chooses to litigate the matter and loses, it could be liable for the legal expenses of the prevailing side.
City Manager Franks continued by reporting he has been contacted by his counterparts in other Orange County cities concerning Villa Park's interest in participating in helping with defense costs related to this matter. He stated he is not aware of any such facility operating yet in the City, but has heard there may be one. They have had two in the past and there were minimal complaints, basically residents smoking in the backyard.
Mayor Rossini stated that this matter will be placed on the July agenda for discussion, as the City Council is also concerned about all property rights, the Americans with Disabilities Act, and exposure to litigation for non-compliance with State and Federal law. He stressed the importance of examining the City's parameters and scope of authority concerning such facilities. He encouraged those who wanted to speak on the matter to do so under general public comments and reminded speakers that the City could not engage in discussion or decision-making on the matter tonight in compliance with State Open Meeting laws.
• Orange County Sheriff's Department
Orange County Sheriff's Department (OCSD) Captain AJ Patella provided the monthly law enforcement summary. He reminded the community to limit crimes of opportunity by remaining vigilant concerning their personal property. Criminal crews are now using surveillance cameras for tracking purposes, as well as monitoring social media accounts of potential victims. He reported the Fourth of July is the highest call volume day for dispatch centers and information concerning a temporary tip line to report illegal fireworks activity will be placed on the City feeder. He also reported reaching 100% of the target goals for their recent "moustache" fundraiser.
• Orange County Fire Authority (OCFA)
Division Chief Wiedensohler provided the monthly summary of fire activity. He reminded the community to remain safe during the upcoming Fourth of July celebration and encouraged adults to remain good role models for children as related to fireworks. He reported on weed abatement and other wildfire mitigation measures taken by the OCFA.
He also announced the upcoming "Fill the Boot" fundraising event which provides donations to fight Muscular Dystrophy. He welcomed the community to come out and visit the various Fire personnel and equipment which will be present during the "Fill the Boot" event.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
June 25, 2024 Villa Park City Council Meeting Minutes
Dorothy Lofaro, 10551 Potter Circle, thanked the City for the sober living facility update, expressed concerns regarding the public safety impacts of such facilities, and inquired whether the City could adopt an ordinance like Fountain Valley which would require a special use permit for such facilities.
In response to inquiries from the speaker, City Manager Franks noted the City would subject itself to litigation if it adopted a similar ordinance, however, it would be the City Council's prerogative to do so. Limited discussion ensued on the merits of supporting the litigation efforts of other agencies as related to the regulation of sober living facilities, the inability for the City to be informed of who is residing in such facilities, and other prohibitions on the City's ability to regulate. It was noted that the facilities cannot provide medical services on site without a State license and the City cannot regulate those matters. The City also does not have any investigative authority concerning such facilities.
Lawrence Talebi inquired if the City can provide additional information at the next meeting concerning potential future action concerning sober living facilities, including the current litigation occurring in other cities.
City Attorney Litfin responded that the latest legal issue is procedural. A trial court ruled that a sober living home in Costa Mesa did not submit actual proof that the individuals there had the disability of substance abuse addiction, therefore they did not create a prima facie case that they were covered by the Americans with Disabilities Act and Fair Housing Act. The trial court actually stated that Costa Mesa won the case at the trial court level by not allowing a certain sober living home that went up to the Ninth Circuit, which is the Federal Appeals Court. The Ninth Circuit is known for a lot of interesting decisions. The Ninth Circuit ruled that sober living homes do not have to actually prove that the people they serve are disabled. The mere fact that the business itself is a sober living facility is evidence in fact of the people that do live there being disabled, and no further proof is required. The sober living home in this case, because Costa Mesa did have a valid claim under Federal and State law, the Ninth Circuit sent the case back to the trial court level to now do an examination of some of the things that Costa Mesa was trying to require for these facilities, namely, a registration requirement, a buffer zone, things like that. That is the current status of the litigation Costa Mesa lost on procedural grounds, and now it is back in the trial court level. It has been established that these types of facilities are entitled to protection. Now it is a matter of determining what type of tools does a City still have to do something if anything about such facilities.
Mr. Talebi inquired if the City would have to obtain a reexamination of the ADA definition and get the Ninth Circuit or other Federal court to revised the ADA definition where addiction would not be protected. This would be in order to provide relief to residents concerned about the sober living facilities. Additionally, he inquired as to the process to pursue changes in State legislation, inclusive of lobbying legislators.
June 25, 2024 Villa Park City Council Meeting Minutes
City Attorney Litfin responded there would be two different items which would be of assistance. One, it would be helpful if the legal definition under Federal law were changed, as the Supreme Court is the only entity that can overrule the Ninth Circuit.
The Supreme Court, even though it was requested to do so by the City of Costa Mesa and others, did not accept the writ of certiorari, letting the Ninth Circuit ruling stand.
Hopefully, eventually the Supreme Court will take up the issue and potentially rule in a different manner, much like they finally took up the issue of homelessness and whether people have a constitutional right to live in the street, and a decision on that to be coming down any day now. That is one avenue. The second matter is a State political issue. If the State would put in some regulations which they found to be reasonable requirements and allowances for City control over these facilities, then under State law, those would probably hold up. It is a two-pronged attack in both the Federal and the State system that the City can hope for.
City Manager Franks responded by noting it would take a majority on both sides of the State house and then have the amended legislation subsequently signed by the Governor to create a law.
Mayor Rossini noted the State Open Meeting law prohibitions about the City Council going into in depth discussion on this matter tonight, however, it will be placed on the upcoming meeting's agenda for review and consideration.
Scott Brophy expressed concerns about State's prohibition on the City's control to regulate sober living facilities as the State allows the City to regulate other activities, such as Airbnb's. He inquired concerning the current numbers of sober living facility in the community. City Manager Franks responded there are hundreds of such facilities throughout Orange County.
Written comments from Sanjay Khetani were read into the record expressing concern regarding an adult male sober living house opening in the community and negative impacts on the community, including public safety and decreases in home values. A copy of the written correspondence is available in the Office of the City Clerk.
Councilmember Miles expressed appreciation to all the residents who contacted her to express their concerns regarding this matter, which she also shares. She referenced her recent efforts to lobby legislators who would not entertain discussion on the matter.
It will require the efforts of the entire community to effectuate change. She stated many individuals start opening these types of facilities do it for the money, and the clients they serve sometimes end up on the streets when the facilities shut down. She encouraged residents to come to the July City Council meeting and participate in the discussion on this topic. She expressed support for an ordinance to regulate the matter.
Seeing no others, the public comment period was closed.
PUBLIC HEARINGS
1. Waive reading in full of all ordinances and resolutions on the agenda.
June 25, 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 Mayor Pro Tem Jones, 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 (5 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
Consideration of the Fiscal Year 2024-25 Operating Budget and Seven-Year Capital Improvement Program; Appropriating Revenue and Establishing the Appropriations Limit for Fiscal Year 2024-25; and Amending the Salaries and Benefits Resolution.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. The Fiscal Year 2024-25 Operating Budget, Seven-Year Capital Improvement Program, GANN appropriate limits, and amendments to the salaries and benefits resolutions were presented for consideration. The proposed budget and capital improvements were previously publicly reviewed at noticed meetings. Staff recommended approval of the resolutions, as presented.
Council and staff discussion ensued concerning clarification of the projected decreased in licenses and permits due to the impacts of high interest rates, appropriately scheduling contract staff to maximize customer service during peak demand times, adjustments to project revenues to continue the City's conservative approach, acknowledging staffs efforts in preparing a balanced and customer-service oriented budget, the impacts of inflation on the economy, and the decrease in CPI as compared to inflation.
Mayor Rossini opened the public hearing and public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Miles, seconded by Councilmember Wu, to:
1. Adopt Resolution 2024-3596, a Resolution of the City Council of the City of Villa Park adopting the Budget, appropriating revenue, and establishing the appropriations limit for Fiscal Year 2024-25 and,
June 25, 2024 Villa Park City Council Meeting Minutes
Adopt Resolution 2024-3597, a Resolution of the City Council of the City of Villa Park establishing salary and benefit rates for all classes of employment and superseding Resolution No. 2023-3575.
The motion carried (5 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 3 - 6)
Mayor Rossini opened the public hearing and 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 Consent Calendar (Item Nos. 3 through 6).
The motion carried (5 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones, and Rossini
NOES: None
ABSENT: None
ABSTAIN: None
May's Cash and Investment Transparency
The City Council received and filed this report.
4. Request approval of City Council Minutes of April 23, 2024 The City Council approved the City Council Minutes of April 23, 2024.
5. Request approval of City Council Minutes of May 28, 2024 The City Council approved the City Council Minutes of May 28, 2024.
Measure M2 Annual Funding Eligibility Fiscal Year 2024-25.
The City Council:
Approved and adopted the Seven-Year Capital Improvement Program, and
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Adopted Resolution No. 2024-3594, a Resolution of the City Council of the City of Villa Park adopting a Seven-Year Capital Improvement Plan for June 25, 2024 Villa Park City Council Meeting Minutes
Fiscal Years 2024-25 through 2030-31 in conformance with Measure M2 requirements, and
Adopted Resolution No. 2024-3595, a Resolution of the City Council/Board of Supervisors of the City of Villa Park concerning the status and update of the Pavement Management Plan for the Measure M2 Program, and Authorized Staff to submit Measure M2 funding eligibility requirements on behalf of the City of Villa Park in order to continue to receive Measure M2 funds, and
Authorized Staff to submit Congestion Management Program eligibility requirements on behalf of the City of Villa Park in order to continue to receive Proposition 111 funds.
ITEMS • PULLED FROM THE CONSENT CALENDAR FOR SEPARATE
CONSIDERATION
None.
NEW BUSINESS
7. Consideration of Resolutions Pertaining to the General Municipal Election on Tuesday, November 5, 2024.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. The City's general municipal election will take place on November 5, 2024 which will coincide with the Presidential election. The three resolutions are required by State law in order to notice and call the election, adopt regulations for candidate's statements, and request consolidation with the County-run statewide election.
Mayor Rossini opened public comments. Seeing none, Mayor Rossini closed public comments.
A motion was made by Councilmember Wu, seconded by Councilmember Miles, to approve the Resolutions as presented.
The motion carried (5 - 0) 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.
June 25, 2024 Villa Park City Council Meeting Minutes
City Manager Franks provided a report summarizing the information in the publicly noticed agenda report. Items presented included various upcoming matters including monitoring of fireworks sales and enforcement of related regulations, noting the untimely passing of the City's primary consultant from Kimley-Horn who was assisting with the update to the Housing Element, the upcoming review of the Zoning requirements, next month's review of the sober living facility regulations, a potential upcoming legal announcement concerning laws related to homelessness, SB 2 revenue and approved Housing Elements, and his recent recovery from back surgery.
It was noted the discussion of sober living facilities would be placed on the July 2024 agenda. The matter of distancing may require longer legal noticing and there may other legal matters which may be pending in the court system.
There was no action taken on this item.
MAYOR AND COUNCILMEMBER MATTERS
9. Individual Councilmember Information Items.
Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District (Councilmember Miles) - The Board of Trustees received one presentation on the vector borne disease responses, approved consent calendar items which will assist in opening the pool of applicants, and directed staff regarding the facility improvement project to issue an RFP for architectural services to remain on site rather than find a new building. Two new ad hoc committees were created, of Councilmember Miles will be a part of: 1. A new five-year strategic plan, and 2. A legislative ad hoc to reach out to Congressional members.
Reported on 15 travel related dengue cases, which are increasing, and one flea borne typhus case; High mosquito counts have been reported due to the hot weather; There are early indicators of West Nile virus activity with positive mosquitoes in all the surrounding counties; Residents can contact Councilmember Miles to coordinate property inspections by the District.
Orange County Sanitation District (Councilmember Pitts) - Attended the Board meeting last month, Ryan Gallagher was appointed Chairman and John Dimitri was appointed Vice Chair. Attended the Administrative Committee meeting, the majority of which was focused on the two-year budget. The Board members were able to provide input on the strategic plan and budget.
Orange County Fire Authority (Mayor Rossini)
Will have a full report next month, as he was unable to attend the current month's meetings due to health related issues.
Orange County Library Advisory Board (Councilmember Wu) - No meeting.
Orange Unified School District City Schools Committee (Mayor Pro Tem Jones) No meeting report
June 25, 2024 Villa Park City Council Meeting Minutes
- Provided an update on summer construction activities at Villa Park High School, including relocation of stairs, installation of a new passenger elevator, and restroom modernization. City of Orange has eliminated all crossing guard positions, including the one for Serrano Elementary. The City pays for the crossing guard at Villa Park High School. Congresswoman Young Kim is hosting a service academy information session on Saturday, June 29, 2024.
Law Enforcement Advisory Committee (LEAC) (Mayor Rossini and Mayor Pro Tem Jones)
- No meeting.
Villa Park Community Services Foundation (Mayor Pro Tem Jones) No meeting.
Reported on upcoming events including the Foundation's hosting of the annual Fourth of July parade The parade will be meeting at Cerra Villa Middle School this year due to construction at the High School. The Foundation will host two concerts in the park this summer, Radio Royalty on June 6, 2024 and Paperback Writer, a Beatles cover band, on August 31, 2024. On August 16, the Foundation will be collaborating with the Villa Park Women's League for another Symphony on the go.
Housing Legislative Committee (Councilmember Miles)
- No meeting.
Bridges at Kraemer Place Advisory Committee (Councilmember Miles) - Reported that the Committee is still working on fixing the bylaws, including bringing the Chair and Vice Chair positions in alignment with how other County Boards, Commissions, and Committees operate. The item will go before the Board next month and if approved, be effective January 2025.
Orange County Older Adults Commission (Councilmember Miles) - Received a presentation on June 14 from elder abuse and disability rights lawyers who provide services pro bono regarding wills and advanced healthcare directives, and other items to have in place for senior citizens' protection. A link was provided on the City feeder.
Additional Councilmember reports:
Councilmember Pitts:
Wished the resident who was hit on his motorized scooter a speedy recovery. Attended a life celebration for Blaine John Moeller, a retired Santa Ana police officer and a training officer for the California Highway Patrol. Attended the 70th anniversary open house for Orange County Sanitation District which featured plant tours, games, and was attended by many community leaders. Attended the Serrano Water District Town Hall which featured presentation of their strategy with Irvine Water District. Wished the community a Happy Fourth of July, and noted he would be out of town visiting family.
Encouraged residents to come by the Rotary's "safe and sane" fireworks booth which raises money for great causes.
Mayor Pro Tem Jones:
June 25, 2024 Villa Park City Council Meeting Minutes
Attended the Serrano Water District Town Hall and encouraged those who missed to watch the recording. Attended Congresswomen Young Kim's Mayor's Breakfast where discussion was held on challenges faced by local cities and how the Federal government can help. Attended the Boys and Girls Club leadership breakfast where inspiring programs and the young men and women going through them were featured.
Councilmember Wu:
Wished the community a Happy Fourth of July and encouraged residents to purchase fireworks from the booth at Villa Park High School which would benefit all four schools in the City. Thanked residents for sharing their views earlier in the meeting regarding sober living facilities.
Councilmember Miles:
Attended Supervisor Foley's Women's Roundtable which included participants from school boards and City elected positions. Discussion focused on matters impacting young women today, including mental health issues. Attended the June 21, 2024 Flag Day ceremony which included Congressional and State elected. Wished the community a Happy Fourth of July and reminded everyone to keep their pets safe during the celebrations. Reported on an incident of a scammer trying to solicit without a permit and encouraged residents to report such occurrences. Wished City employee Bill Tarin a happy retirement.
Mayor Rossini:
Encouraged resident's to notify the Sheriff's Department of any scam-related activity in the community. Wished the community a Happy Fourth of July and reminded residents to be vigilant around fireworks and only purchase "safe and sane" items during authorized hours. He encouraged residents to report use of illegal fireworks in the community. He reminded parents to ensure their children are wearing helmets when riding any type of bicycle.
ADJOURNMENT
The meeting was adjourned at 8:13 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, July 23, 2024, 6:30 p.m.
Vince Rossini, Mayor
City of Villa Park
City of Villa Park
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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.