ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
August 27, 2024
Regular Meeting
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Pro Tem Jones called the meeting to order at 6:31 p.m.
COUNCILMEMBERS:
PRESENT: Miles, Pitts, Wu, Jones
ABSENT: Rossini
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Councilmember Wu.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Recognition - Bill Tarin
The City Council announced that there will be an upcoming reception for outgoing employee Bill Tarin, where he will be recognized for his many years of service to the City of Villa Park. City Manager Franks read the plaque which would be presented in his honor.
Representatives from other local officials also presented recognitions in Mr. Tarin's honor. • Orange County Sheriff's Department
Orange County Sheriffs Department (OCSD) Captain AJ Patella provided the monthly law enforcement summary. He commented on the successful resolution of property burglary and DUl incidents.
The Neighborhood Watch representatives made a presentation on the National Night Out event and encouraged residents to join and participate in the volunteer opportunities to keep the community safe.
• Orange County Fire Authority (OCFA)
Division Chief Wiedensohler provided the monthly summary of fire activity. He announced that September is National Disaster Preparedness Month and provided tips to residents to take steps now to protect their families and homes before the next disaster.
August 27, 2024 Villa Park City Council Meeting Minutes
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Terri Vernon, Villa Park Women's League President, reported on their organization's various upcoming events and the charities their organization supports.
Alexander Tran, Villa Park High School representative to the Orange Unified School District Board, reported on his various duties as the representative and reported on various activities and services at Villa Park High School
PUBLIC HEARINGS
1. 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 Pro Tem Jones opened the public hearing and public comments. Seeing none, Mayor Pro Tem Jones closed public comments and the public hearing.
A motion was made by Councilmember Wu, seconded by Councilmember Pitts, 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 (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
2. Wall and Fence Code Amendment Second Reading
Assistant Planner Justin Urbanski provided a summary of the information detailed in the public agenda report. He noted that a change was made that lighting fixtures above walls and fences will be now allowed in the 20-foot front yard setback only, unless a variance is applied for and approved.
Mayor Pro Tem Jones opened the public hearing and public comments. Seeing none, she closed public comments and the public hearing.
A motion was made by Councilmember Wu, seconded by Councilmember Pitts, to:
Find that the Ordinance is categorically exempt from CEQA pursuant Class 4 Minor Alterations to Land.
Approve Ordinance No. 2024-632
August 27, 2024 Villa Park City Council Meeting Minutes
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
Variance No. 2024-04 - An after the fact variance request to permit an existing 10 foot 11-inch-tall block wall and electric driveway gate within the 20-foot front setback area.
Assistant Planner Justin Urbanski provided a summary of the information detailed in the rebi ay shaped and City a pi front ya de pao to coastance as tal no rea driveway gate within the required setbacks pursuant to the zoning ordinance. Public Hearing notices for this item were mailed at least 10 days prior to this hearing and were also published in the Orange City News. To date, City staff have received four letters in support of the variance and one letter in opposition.
Council and staff discussion on the item ensued noting that the City sent a letter to the applicant concerning the code violations, that the applicant did not provide any explanation for why he did not present his case directly to the Council, detail of the specific code violations at the subject property, detail of the distance of the driveway from the street and bridle trail, the height of the gate, items which were built after the plans had been permitted and that were not approved, that the City was made aware and has been tracking violations at the property for several years,
Mayor Pro Tem Jones opened the public hearing and public comments.
Matthew Marcote noted that he is working with City staff to identify a path forward on the various violations and other items at the subject property, that they can tear down the wall, but that the fence provides security, and asked that the applicant not have to go through the same process again and repay fees.
Craig Fry stated the owner was unaware of the appropriate processes and that he is helping them navigate the correct procedures. The applicant is concerned about safety from the traffic and is willing to work with the City to ensure all items are completed properly.
Both speakers acknowledged they were retained by the applicant to assist him with this process.
Benjamin Levine, applicant, noted City staff has been aware of this property for several years and that there were occasions where staff did not get back to the applicant, the property was originally recorded improperly by City staff, and that they are just trying to do the right thing. He hired consultants to assist him with the process.
August 27, 2024 Villa Park City Council Meeting Minutes
Council and applicant discussion ensued including comments about the applicant's prior knowledge of the correct process, staff's confirmation that they reviewed a letter from 2022 that was sent by the City to the applicant, even though the applicant stated he had not heard back from the City for several years. City staff reported they had placed a lien on the home for lack of response to code violations and the applicant denied he had received the notice. Council and applicant discussion ensued on the various code enforcement violations and the applicant's building of structures that were not approved.
City Attorney Litfin provided detail as to the City's code enforcement and lien process.
Council discussion ensued on the fact the applicant built non-permitted items on the subject property. Staff confirmed a permit is required to build walls that exceed three and a half feet in height. The applicant confirmed he is trying to sell the property, however, this current process is preventing the sale.
Seeing no others, Mayor Pro Tem Jones closed public comments and the public hearing.
A motion was made by Councilmember Pitts, seconded by Councilmember Wu, to approve Resolution No. 2024-3608, a Resolution of the City Council of the City of Villa Park denying Variance 2024-04 and finding the Variance Categorically Exempt in accordance with Section 15061(b)(3) and Section 15332, Class 3, New Construction or Conversion of Small Structures of the California Environmental Quality Act (CEQA).
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
4. Tentative Parcel Map (TPM) 2024-127 - A request to subdivide a single parcel of land that is 94,225 square feet (2.163 acres) into four (4) parcels of land (Parcel 1: 20,000 square feet (0.459 acres), Parcel 2: 20,857 square feet (.479 acres), Parcel 3: 20,000 square feet (.459 acres), and Parcel 4: 20,927 square feet (.480 acres), and to construct a new 12, 441 square foot (.286 acres) private cul-de-sac street, for the purpose of constructing future single-family dwellings on each parcel.
City staff reported the applicant requested a thirty-day continuance of this item to September 24, 2024.
In response to Councilmember Miles, City staff noted that the City can renotice and can renotice at a larger radius if so directed by the City Council.
Mayor Pro Tem Jones opened the public hearing and public comments.
August 27, 2024 Villa Park City Council Meeting Minutes
Larry Hack commented he did not receive a notice on this item and the hearing should be renoticed.
A motion was made by Councilmember Miles, seconded by Councilmember Wu, to continue this item to September 24, 2024 and renotice the original homeowners and extend noticing out to the designated areas, up to Loma and Mesa and then in the opposite direction.
The motion carried (3 - 0 - 1 - 1) by the following roll call vote:
AYES: Miles, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: Pitts
A Resolution of the City Council of the City of Villa Park, Authorizing Revised Fees for the Orange County Sheriff-Coroner Department for Vehicle Removal, Impound, Storage or Release of Vehicles.
City staff provided a summary of the information detailed in the public agenda report. It was noted that the fees are a uniform schedule that apply across all of the County's contract cities.
Mayor Pro Tem Jones opened the public hearing and public comments. Seeing none, Mayor Pro Tem Jones closed public comments and the public hearing.
A motion was made by Councilmember Miles, seconded by Councilmember Pitts, to Resolution 2024-3609 authorizing the Orange County Sheriff-Coroner Department to increase the administrative fee for vehicle removal, impound, storage or release of vehicles from $144 to $174 for vehicle removal pursuant to specific Vehicle Code violations and from $144 to $174 for vehicle removal due to driving without a license or with a suspended or revoked license.
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
CONSENT CALENDAR (ITEMS # 6 - 11)
It was reported that a member of the public requested to pull Item No. 11 for separate consideration.
Mayor Pro Tem Jones opened public comments. Seeing none, Mayor Pro Tem Jones closed public comments.
August 27, 2024 Villa Park City Council Meeting Minutes
A motion was made by Councilmember Pitts, seconded by Councilmember Miles, to approve the balance of the Consent Calendar (Item Nos. 6 through 10).
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
July's Cash and Investment Transparency
The City Council received and filed this report.
7. Request approval of City Council Minutes of July 23, 2024 The City Council approved the City Council Minutes of July 23, 2024.
8. Ballot Drop Box Agreement Renewal
The City Council approved the proposed five-year renewal of the Agreement for the placement of a permanent Ballot Drop Box outside of City Hall.
9. Second Amendment to Professional Services Agreement for Construction Engineering Support Services for East Cerro Villa Drive Rehabilitation Project
The City Council approved the Second Addendum to Agreement with Kabbara Engineering to provide construction engineering support services for the East Cerro Villa Rehabilitation Project, in the amount of $6,120, to a new total amount of not-to-exceed $111,361.
10. Contract Award / Speed Survey Study
The City Council approved the award of the Speed Survey Study Contract to MAH Engineering, Inc. and authorize the Mayor to sign a standard professional services contract on behalf of the City of Villa Park in a total amount not to exceed $12,500.
ITEMS PULLED FROM THE CONSENT CALENDAR FOR SEPARATE
CONSIDERATION
11. A Resolution of the City Council of the City of Villa Park, California, Supporting Restoration of Local Control Over Group Homes City Manager Franks provided historical detail on this item, noting that the City Council adopted a strategy and approach with regard to sober living or group homes. One of the August 27, 2024 Villa Park City Council Meeting Minutes
actions approved at that time was preparation of a resolution for the City Council to review and consider which would affirm its support for local regulatory control over such subject facilities. The resolution was presented for City Council consideration.
Mayor Pro Tem Jones opened public comment.
Jasmine Pauly spoke in support of the resolution and that the City keep residents informed about any developments related to this matter.
Scott Brophy expressed concern that the City Council did not proactively inform residents of their position on the matter and who they could contact at the State level.
Lawrence Talebi noted he met with Councilmember Pitts and suggested various ordinances or other types of regulations that could protect the City from such uses.
Yan Killy expressed support for the subject resolution and protecting local control.
Seeing no others, Mayor Pro Tem Jones closed public comments.
City Council and staff discussion ensued on updating the State and Federal representatives contact information on the City's website to reference this issue.
A motion was made by Councilmember Miles, seconded by Councilmember Wu, to adopt Resolution No. 2024-3606.
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
NEW BUSINESS
12. Award Construction Contract, Approval of a Professional Services Agreement, and Approval of the First Amendment to Cooperative Agreement with City of Orange for the East Cerro Villa Drive Rehabilitation Project, State Project No. CRASL- 5377(015).
City Manager Franks provided a staff report on the item as detailed in the public agenda report. He noted this action is consistent with items approved in the City's budget. He also noted that all projects are covered by grant funds, other funds, or within the budget.
Mayor Pro Tem Jones opened public comments. Seeing none, Mayor Pro Tem Jones closed public comments.
A motion was made by Councilmember Pitts, seconded by Councilmember Wu, to:
August 27, 2024 Villa Park City Council Meeting Minutes
Approve the plans and specifications for the East Cerro Villa Drive Rehabilitation Project, State Project No. CRASL-5377(015);
2. Authorize the Mayor to execute the standard public works contract with R.J. Noble, in the amount of $511,703 for the East Cerro Villa Rehabilitation Project.
3. Authorize the Mayor to execute the Professional Services Agreement with Onward Engineering, in the amount of $55,370 for the East Cerro Villa Rehabilitation Project.
4. Authorize the Mayor to execute the First Amendment to Cooperative Agreement with the City of Orange to increase City of Orange's funding obligation for the East Cerro Villa Rehabilitation Project to not-to-exceed $157,110.
Authorize staff to appropriate additional $87,000 from Capital Improvements Fund and $113,000 from State Gas Tax Special Revenue Fund and an interfund transfer of $30,000 from General Fund to Capital Improvements Fund for the East Cerro Villa Rehabilitation Project.
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
ABSENT: Rossini
ABSTAIN: None
13. Approval of a Professional Services Agreement with Engineering Solutions Services to Update the Approved Local Hazard Mitigation Plan.
City Manager Franks provided a staff report on the item as detailed in the public agenda report. This process is required by State mandate and the regulations are updated each time with new forms, processes, and evaluations.
Mayor Pro Tem Jones opened public comments. Seeing none, Mayor Pro Tem Jones closed public comments.
A motion was made by Councilmember Wu, seconded by Councilmember Miles, to:
Approve a Professional Services Agreement with Engineering Solutions Services, in an amount not to exceed $32,000, for the City of Villa Park to update the approved Local Hazard Mitigation Plan.
Authorize the Mayor to execute the Professional Services Agreement with Engineering, in an amount not to exceed $32,000 for the City of Villa Park update of the approved Local Hazard Mitigation Plan.
Authorize staff to appropriate $32,000 from General Fund for Local Hazard Mitigation Plan update.
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
August 27, 2024 Villa Park City Council Meeting Minutes
NOES: None
ABSENT: Rossini
ABSTAIN: None
14. Group Home Task Force
City Manager Franks provided historical detail on this item, noting that the City Council adopted a strategy and approach with regard to sober living or group homes. One of the actions approved at that time was formation of a task force. The enabling resolution is presented for City Council consideration, along with the names of recommended task force members. It was noted that the task force meetings would be open to the public and subject to California Open Meeting Laws.
Mayor Pro Tem Jones opened public comments.
Lawrence Talebi thanked the City Council for the opportunity to serve on the task force and provided details on various communication projects he feels would be beneficial to support their work.
Seeing no others, Mayor Pro Tem Jones closed public comments.
Council and staff discussion ensued on various aspects of the City's strategy as related to sober living or group homes, expectations for the task force committee, posting of related minutes and delivery to the City Council, quarterly updates from the committee to the City Council, and the requirements of the California Brown Act as related to public meetings.
A motion was made by Councilmember Wu, seconded by Councilmember Miles, to approve Resolution No. 2024-3605 establishing a Group Home Task Force and approve the appointment of the following ten (10) initial members to a two-year term effective August 28, 2024:
1. Jonna Allison
. Akshay Anand
3. Lesslie Giacobbi
4. Diana Fascenelli
5. Robert Frackelton
6. Julie Krodel
7. Sandy Mehr
8. Shana Meulmester
9. Sam Olsen
10. Lawrence Talebi
The motion carried (4 - 0 - 1 - 0) by the following roll call vote:
AYES: Miles, Pitts, Wu, Jones
NOES: None
August 27, 2024 Villa Park City Council Meeting Minutes
ABSENT: Rossini
ABSTAIN: None
CITY MANAGER REPORT
15. Information from City Manager and/or City Staff.
City Manager Franks provided a report summarizing the information in the publicly noticed agenda report.
There was no action taken on this item.
MAYOR AND COUNCILMEMBER MATTERS
16. E-Bike AD-HOC Committee
It was noted that this item was requested to be placed on the agenda at the last meeting by Councilmember Miles.
Councilmember Miles expressed the urgent and serious nature of E-Bike safety, particularly as related to traffic impacts. She expressed interest in the City developing realistic and practical policies for E-Bike safety, referencing the recently approved Grand Jury report on the subject. She suggested the development of an E-Bike AD-HOC committee which could oversee the development of an applicable ordinance.
Council and staff discussion ensued on the importance of the matter. City Attorney Litfin reported on two pending bills in the State legislature concerning E-Bikes. Discussion ensued including comments that the current LEAC committee could address E-Bike safety, whether a stand-alone AD-HOC committee would be more appropriate, whether law enforcement should handle the matter, and the cost related to committees that are subject to the Brown Act.
It was determined that there would be no formal action taken on this item, and less than a quorum of the City Council, such as Councilmember Miles and Mayor Pro Tem Jones, could meet to discuss the item and bring ideas back to the full complement of the Council at a future date without having to formalize a committee.
There was no action taken on this item.
17. Individual Councilmember Information Items.
Councilmember meeting attendance reports:
Orange County Mosquito & Vector Control District (Councilmember Miles) - Board meeting held August 15
Brief report increased travel-related dengue, mosquito, and heartworm activity and a competition among agencies to increase communication on related items.
Orange County Sanitation District (Councilmember Pitts) August 27, 2024 Villa Park City Council Meeting Minutes
- No meetings held. A Board meeting will be held Wednesday.
Orange County Fire Authority (Mayor Pro Tem Jones)
No report.
Orange County Library Advisory Board (Councilmember Wu) - No meeting held. Announced the Villa Park Library Back to School Events Orange Unified School District City Schools Committee (Mayor Pro Tem Jones) - No meeting. Announced that schools are back in session and to remain vigilant concerning traffic. An E-Bike safety awareness flyer noting public meetings is in the feeder.
Law Enforcement Advisory Committee (LEAC) (Mayor Pro Tem Jones and Mayor Pro Tem Jones)
- No meeting.
Villa Park Community Services Foundation (Mayor Pro Tem Jones) Reported on the success of the Symphony on the Go program and upcoming August 31 Villa Park Picnic.
Housing Legislative Committee (Councilmember Miles)
No meeting.
Bridges at Kraemer Place Advisory Committee (Councilmember Miles) - By-laws were approved with unanimous consent, and will include the appointment of alternates to ensure a quorum.
Orange County Older Adults Commission (Councilmember Miles) - Reported on the presentation by the Office of Veterans Affairs.
Additional Councilmember reports:
Councilmember Pitts: Attended the OC Fair Day for Elected Officials, National Night Out, their family's feeding of First Responders, Sober Living task force meeting, a benefit for the Orange Homegrown Group, a Young Kim for re-election reception, and the August 31 Concert in the Park.
Councilmember Miles: Attended the ACCOC summer legislative roundtable, National Night Out, and League of California Cities Orange County Division meeting.
Congratulated the accomplishments of the Villa Park Little League 10U all-star team.
Councilmember Wu: Attended the National Night Out, the Young Kim event at Councilmember Pitt's residence, reminded residents to be careful with traffic safety around schools and to attend the Foundation's Picnic in the Park.
Mayor Pro Tem Jones: Attended the Symphony on the Go, National Night Out, and participated in the Red Cross Blood Drive that was hosted by City Hall.
ADJOURNMENT
The meeting was adjourned at 9:00 p.m. to the next regular Council meeting to be held whether in person or via teleconference on Tuesday, September 24, 2024, 6:30 p.m.
August 27, 2024 Villa Park City Council Meeting Minutes
Vuie Posin
Vince Rossini, Mayor
City of Villa Park
ATTEST: L
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.