ACTION MINUTES OF THE CITY COUNCIL
CITY OF VILLA PARK, CALIFORNIA
January 28, 2025
Regular Meeting
GENERAL SESSION
6:30 p.m. - City Council Chambers
CALL TO ORDER / ROLL CALL - Mayor Jones called the General Session to order at 6:30 p.m.
COUNCILMEMBERS
PRESENT: Miles, Frackelton, McBride, Wu, and Jones.
ABSENT: None
PLEDGE OF ALLEGIANCE TO THE FLAG - The Pledge of Allegiance was led by Councilmember Frackelton.
PRESENTATIONS / ANNOUNCEMENTS / COUNCIL MEETING REPORTS • Distinguished Citizen - Pelly Family
Pat Buttress, Representative from Orange County Board of Supervisor Don Wagner's Office, thanked Sara for her work on the Orange Unified School Board and her passion and dedication to building a better future for children. She also thanked Mike for having served on the Serrano Water District Board and congratulated both on being named distinguished citizens of Villa Park.
Mike Pelly shared that he loved living in Villa Park and thanked the City Council for the tremendous job they have done in the city. Sara Pelly shared that her family loved being Villa Park residents and that she was very honored to receive the Distinguished Citizen recognition.
• Proclamation - Jane Nieves 100'h Birthday
Mayor Jones recognized Jane Nieves's life and journey wishing her a Happy 100th Birthday. Jane Nieves's picture was presented on the screen. Mayor Jones reintroduced Pat Buttress, Representative from Orange County Board of Supervisor Don Wagner's Office, who presented a certificate of recognition to Jane Nieves's daughter Sara Pelly. • Recognition of City Employee Ashlea Houston.
January 28, 2025 Villa Park City Council Meeting Minutes
Mayor Jones recognized Ms. Houston's hard work at the city and congratulated her on her new position with the City of Del Mar. Ms. Houston graciously accepted the certificate of recognition.
• Proclamation - Trauma Intervention Program (TIP)
Sharon Richards, TIP Crisis Response Manager, expressed gratitude for the recognition.
She provided a brief report on the Trauma Intervention Program and how its goal is to respond quickly to traumatic incidents at the request of law enforcement, fire, and hospital personnel to offer emotional support and practical resources to survivors, family members, witnesses, friends, and bystanders. She noted that the organization is comprised of volunteers ages 17-82. She highlighted that in 2024 TIP assisted over 10,500 residents in Orange County who were in crisis equating to 51,000 volunteer on- call hours. Volunteers are available twenty-four seven 365 days a year with an average response time of 25 minutes, never missing a call in its 30 years. She announced an upcoming training for those interested in volunteering and invited the council to the organization's gala. The City Council recognized their work and presented a proclamation acknowledging the Trauma Intervention Program
• Orange County Sheriff's Department
Orange County Sheriffs Department (OCSD) Captain AJ Patella provided the monthly law enforcement report. He emphasized the importance of securing e-bikes and recommended storing them inside due to rising e-bike thefts. He reported that the department had been receiving many calls outside of Villa Park about Orange County residents receiving phone calls from individuals claiming to be the OCSD telling residents they had outstanding fines. He reminded residents that the OCSD will never call residents on the phone.
Mayor Jones thanked the OCSD for performing extra patrols during the power outage. • Orange County Fire Authority
Division Chief Kevin Fetterman provided the monthly summary of fire activity.
He stated that February 2nd - February 8th was national burn awareness week, which helps raise awareness of the dangers of scalds and burns. He said this is the month they remind everyone to check their smoke alarms and remind them of the importance of changing smoke alarm batteries twice a year.
He provided a PowerPoint presentation on wildfire threats. The PowerPoint presentation demonstrated that wildfire threat has become an all-year-round problem. He presented ideas for a response plan and strategies to prepare and protect residential homes. He also provided instructions on how residents can schedule a home assessment. Finally, he emphasized the importance of evacuating on time.
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Councilmember McBride asked how many staff members OCFA has to perform home assessments.
Randy replied six staff members visit and assess properties. He also stated there was an online survey homeowners could take that also provided an assessment.
Councilmember Miles thanked the Division Chief for the presentation and asked if Villa Park was located in a red zone based on the Fire Hazard Severity Zone image. Division Chief Kevin Fetterman responded that the actual approved maps had not yet beer distributed to the municipalities and that the map was pending. He also stated that the map was created by the Cal-fire program and that OCFA did not have input in the fire hazard zones. Councilmember Miles asked what criteria would put Villa Park in the high fire hazard zone. Division Chief Kevin Fetterman responded that he was not yet able to speak on it since the map was still pending but that they did use a scientific model and it took extreme fire weather into account. He also noted that once Cal-Fire released the map they could reach out to Cal-Fire to receive more information as to how they determined the model.
Councilmember Miles expressed concern about the brush in the Santiago Creek Basin.
Division Chief Kevin Fetterman informed the council that it is the practice of the OCFA to make recommendations to the Orange County Water District that the brush should be cut back. He stated it is up to the property owner to be responsible for fuel mitigation but that upon request OCFA could make recommendations. She requested that OCFA speak to the Orange County Water District about the brush on their property. Division Chief Kevin Fetterman stated that he would begin having discussions.
Councilmember Frackelton commented that the Palisades Fire was frightening because the housing loss was equivalent to the entire City of Villa Park motivating him to get a sump pump. He asked if OCFA ever utilized Sump Pumps and pools. Division Chief Kevin Fetterman responded that OCFA does utilize portable pumps.
Mayor Jones congratulated the division chief on the utilization of Al for the detection of fires and informed the community that Al detected a fire and assisted in keeping it to a quarter of an acre.
Councilmember Frackelton recognized the mourning and passing of Fire Apparatus Engineer Kevin Skinner who died in the line of duty searching for residents in a residential fire in Laguna Hills. Engineer Skinner served the OCFA for over 25 years. • Fire Hydrant Pumps Serrano Water District
L Brad Reese, Director of Serrano Water District, provided a report discussing the district's water distribution pipelines, fire hydrants, reservoir capacity, and water distribution zones.
He announced that the sale of Irvine Lake was complete.
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PUBLIC COMMENTS
Mayor Jones reviewed the rules of decorum.
Mayor Jones opened public comments.
Len Cavers, a 30-year Villa Park Resident, expressed gratitude towards the City Council for their service to the community. As a member of the fire watch, he noticed certain areas had a deployment of resources and other areas did not. He inquired if there was a call to action and if the city was prepared for a Palisades-type event.
Division Chief Kevin Fetterman responded that OCFA contributed several strike teams to Los Angeles. OCFA did an all-call of personnel meaning they brought the majority of personnel back to duty, staffed a large amount of apparatus, and strategically placed strike teams throughout the county. He noted that OCFA did send a historical amount of resources to neighboring Los Angeles. He explained that the decision to send resources is because neighboring cities have also sent mutual aid to Orange County.
Len Cavers noted it was one of the biggest events he had seen and emphasized the importance of preparedness. He encouraged the council to question everything and to consider where they could get more water to prepare for an emergency like the Palisade Fire.
James Reichert, a 50-year resident, inquired about the number of fire hydrants in the city and if the pressurization was tested. He expressed that he believed the Serrano Water District disposed of its biggest asset, Irvine Lake. He referred to a report that discussed California's abundance of water districts and recommended that the districts consolidate.
He stated that the Serrano Water District should not exist anymore since they have fewer things to manage. He asked if the water districts could consolidate to help citizens save money on their water bills.
Patty Whitman inquired about what went wrong with the Palisade, Eaton, and Hughes Fires and why those cities were ill-prepared.
Division Chief Kevin Fetterman responded that it was being evaluated and too premature to speak on.
Patty Whitman noted that the grand jury conducted a report about the water districts' disorder. She implored the community and departments to review the report.
Alex Tran, Villa Park High School Student Board Member, reported on the current events happening at Villa Park High School.
Mayor Jones closed the public comment.
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PUBLIC HEARINGS
1. Waive reading in full of all ordinances and resolutions on the agenda.
City Manager Steve Franks presented a brief staff report.
Mayor Jones opened the public hearing. There being no speakers, the public hearing was closed.
A motion was made Councilmember Frackelton, seconded by Mayor Pro Tem Wu, and approved by the following roll call vote, to waive the reading in full of all ordinances, resolutions, and meeting minutes on the agenda, and direct the City Clerk to read by title only.
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Jones recommended moving agenda item 3 before agenda item 2. Seeing no objections item 3 was discussed first.
3. Variance No. 2025-01 18831 Colony Circle.
Justin Urbanski presented an application for 18831 Colony Circle, a property, a 20,000- square-foot parcel located in the E4 Zone. He noted that the applicants were Mr. and Mrs.
Lay. The focus of the application is a detached 699-foot patio cover in the backyard of the property. The detached patio cover would measure 32 feet in length and 22 feet in width as measured from the support posts, and the height of the structure would be 14 feet 10 inches as measured from the adjacent finished grade. The proposed setback is 5 feet from the rear property line as measured from the nearest support post with a 1½ foot roof overhang into the setback area. The property owners are proposing to lower the finished grade of the patio cover to be level with the existing finished grade of the main house when looking towards the property from Taft Avenue the top 5 feet of the patio would be visible after considering the lower grade and the existing property line wall that is 6 feet in height.
Mr. Urbanski explained that under Villa Park Municipal Code Section 23-6.12, the minimum required rear yard building setback for detached accessory structures on this parcel is 20 feet. The structure must maintain a 20-foot setback as the property is classified as an exterior rear lot that abuts a public street. He noted that most properties in the city are interior rear lots which normally require a setback of 10 feet for these types of accessory structures. He explained that the applicants had submitted a supplemental letter of justification and plans for the Variance Application.
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He noted the applicants justified their application as the lot is shallow compared to most other properties in the vicinity that are classified as having an exterior rear lot line abutting the street. Per city staff measurements this property is roughly 20 feet narrower than most other properties abutting public streets and the property cover will comply with all other development standards.
He reported that the public hearing notices were mailed, posted, and published as required, with four letters of support submitted by neighbors He advised that staff recommends approval of Variance No. 2025-01 because there are other properties in the vicinity with a similar lot shape and because there will be reduced visual impacts of the structure from neighboring parcels and the street.
Councilmember Miles inquired if opposition letters were received.
Mr. Urbanski confirmed that no opposition letters had been received.
Mayor Jones opened the public hearing and public comments.
Robert Lay, the applicant, expressed appreciation towards staff for all their work on the project.
Seeing no further speakers, Mayor Jones closed public comments and the public hearing.
Councilmember Miles thanked the applicants for their due diligence.
Councilmember McBride commented that the owners confirmed that the material for this project was consistent with that of the house.
A motion was made by Councilmember Frackelton, seconded by Councilmember Miles to adopt Resolution No. 2025-3616, a Resolution of the City Council of the City of Villa Park approving Variance No. 2025-01, and to find the item Categorically Exempt, pursuant to Section 15303, New Construction or Conversion of Small Structures, Class 3, from the provisions of the California Environmental Quality Act (CEQA) and was approved by the following roll call vote:
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
2. Tentative Parcel Map No (TPM) 2024-127 - Location: 19401 Mesa Drive - 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 (0.479 acres), Parcel 3: 20,000 square feet (0.459 acres), and Parcel 4: 20,927 square feet (0.480 acres), and to construct a new January 28, 2025 Villa Park City Council Meeting Minutes
12,441 square foot (0.286 acres) private cul-de-sac street, for the purpose of constructing future single dwellings on each parcel, and request to approve Density Bonus Agreement (DBA) No. 2025-01 •
addressed.
Justin Urbanski presented Tentative Parcel Map (TPM) 2024-127 located at 19401 Mesa Drive, a 94,225 square feet parcel of land in the E4 zoning district. He noted that the applicant, Tri Doan, is seeking approval to subdivide the property into four parcels of land with Parcels 1 and 3 proposed at 20,000 square feet and Parcels 2 and 4 proposed at just under 21,000 feet in size. He explained that accompanying the application is a proposed private street which would be converted from the existing private driveway easement on site while two neighboring homes at 19409 Mesa Drive and 19411 Mesa Drive would share access from the proposed private street. He further stated only the homes on the four new parcels of land would be responsible for future maintenance through a covenant agreement between future property owners.
Mr. Urbanski explained that the four proposed parcels comply with City development standards. He elaborated that each parcel would be at least 20,000 feet in size which is the minimum size required by the city's zoning code allowing each parcel to yield a big enough pad for future single-family dwellings.
Mr. Urbanski elaborated on the accompanying Density Bonus Application and the density bonus law. He expressed that the California Density Bonus Law permits developments of at least five units in size to exceed base density limitations normally required in a city's land use element to aid in the affordability of the units. Developers are entitled to request certain incentives, concessions, and waivers in development standards. He further explained that developers may request one to three incentives and waivers depending on the percentage of the base project that is affordable.
He explained that for this zone the maximum allowable density is 1.75 dwelling units per acre per the city's land use element. Furthermore, the state density bonus law exempts units added by a density bonus from the base calculation for TPM 2024-127 the maximum allowable parcels under the base density of 1.75 dwelling units per acre is 3.785 units rounded down to 3.
He stated the applicant is proposing three single-family dwellings on three parcels and two ADUs for the base density with one ADU being deed restricted as affordable to qualifying low-income residents. The deed restriction results in 20% of the base project being affordable which permits the applicant a density bonus of 35%. The increased allowable density permits the applicant to subdivide for an additional lot for a total of 4 parcels in the proposed subdivision. The maximum allowable dwelling units with the 35% January 28, 2025 Villa Park City Council Meeting Minutes
density bonus allows for five units but the applicant is not required to use all the density for a bonus density application.
The applicant states that the project will yield six units with four homes and two ADUs however the applicant has decided to put an ADU on three of the lots meaning that the resulting units in the project are seven or four homes plus three ADUs.
Mr. Urbanski pointed out that there was an error on page 2 of the Density Bonus Agreement. The applicant states that the project will yield six units with four homes and two ADUs however the applicant has decided to put an ADU on three of the lots meaning that the resulting units in the project will be seven.
He also explained that the typo did not affect the Density Bonus Agreement as ADUs are only counted on the project's base residential density. In the project, the applicant is proposing to rent out the affordable unit and sell the main single-family dwellings pursuant to section 6595 of the California State Bonus Law. The applicant is permitted to incentives, concessions, and or waivers in development standards from the city as a result of this application. He informed the council that the applicant is requesting development fee waivers for the parcel with the affordable ADU unit to aid in the affordability of the districted ADU in addition to the subdivision and density bonus applications the project has fifteen exhibits including but not limited to a traffic study and site analysis from the applicant and a rough grading plan. The submitted traffic study shows that the project would be compatible with the existing infrastructure and that the line of the site would be sufficient for vehicles.
The rough grading plan submitted by the applicant is currently being reviewed by the City Engineer, Mahrooz Ilkhanipour, and has been included in the applicant submittal packet.
As part of the proposed grading plan, the applicant and the neighboring property owner at 19391 Mesa Drive have agreed to grade their properties together to create a more level buildable pad for both properties which reduces the need for retaining walls and slopes.
Urbanski stated that the project had been reviewed by the city and the consultant at Sagecrest for CEQA compliance and had found it exempt in accordance with Section 15061B3 and Section 15332 class 15 minor land divisions. The project had been reviewed by OCFA who have deemed the project in compliance. He reported that public hearing notices were mailed, posted, and published several times in a radius larger than required. He noted that city staff had received a supplemental letter of justification and numerous neighborhood comments on the proposed subdivision. He advised that City staff recommend approval as the project complies with local and state laws, the parcels will yield enough space to construct future single-family dwellings with the correct requirements, and it is not expected to have negative impacts.
Councilmember Frackelton expressed concern over the Density Bonus Agreement as it could place a burden on the future homeowner due to the low rent requirement. He also stated it could place a burden on city staff who have to enforce it. He continued to express January 28, 2025 Villa Park City Council Meeting Minutes
that the property's land use was not in sync with the city's zoning. He expressed that he supported 20,000 square-foot lots but that this matter needed to be continued to a later time. He stated he wanted the city to address its general plan in the spring and then ask the applicant to come back after the general plan had been updated.
Mayor Jones asked City Manager Steve Franks what coming back in the spring would entail.
City Manager Steve Franks stated that the city was planning to amend the city's land use element as part of the housing element update and the projected time would be May. He stated that the city's land use element was not consistent with the city's zoning ordinance.
He explained that if the applicant returned after the city updated its general plan the changes would affect application standards also affecting the density bonus.
Mayor Jones inquired if the city was proposing that instead of 1.75 units per acre it be changed to 2 units per acre.
City Manager Steve Franks stated that a general plan update would make the 20,000 square feet consistent with the density requirement.
Councilmember Miles asked if the four parcels could then have eight dwelling units.
City Manager Steve Franks confirmed there could be eight. He further elaborated that there could be a potential of nine dwelling units according to state law and taking junior dwelling units into consideration.
Mayor Pro Tem Wu asked if any property owned in Villa Park was allowed to build an extra ADU and junior ADU.
Mayor Jones called to attention public comment received against the project due to concerns about drainage and inquired if drainage was a part of the tentative parcel map.
Mr. Urbanski answered that drainage was not part of the tentative parcel map.
Councilmember Miles inquired about the drainage and grading of the property.
City Manager Steve Franks replied that tonight's item was asking for approval of the parcel map and that a separate grading plan would have to be approved after and a final grading plan has not yet been submitted.
Councilmember Miles expressed that she wanted the public to understand the mutual grading or the water mitigation could still be discussed.
Councilmember Frackelton commented that the density bonus was also being considered along with the parcel map.
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City Manager Steve Franks confirmed Councilmember Frackelton was correct.
Mayor Jones asked the City Attorney Todd Litfin if drainage was not part of the tentative parcel map could it be taken into account when deciding on the item.
City Attorney Todd Litfin answered that the decision on this item was an adjudicatory decision where all the facts presented had to be taken into consideration in the decision- making process and stated drainage and grading could be considered yet grading was not something that could specifically be approved tonight.
Councilmember Frackelton mentioned that grading plans would not go to the council as long as it was up to code.
City Attorney Todd Litfin responded that Councilmember Frackelton's comment was correct due to grading plans being a ministerial decision allowing it to be signed off on by the City Engineer.
Mayor Jones said the council received a public comment stating they've gotten work authorization from someone on Canyon Drive to feed drainage into that property since many residents on Estates expressed concern about drainage going through their properties.
Mr. Urbanski confirmed that if the Tentative Parcel Map was approved the property owner had received a letter from a property owner on Canyon who would grant an easement for drainage.
Mayor Pro Tem Wu asked the City Attorney if he recommended that the city fix their density to code to match first before moving forward with approval of the item.
City Attorney Todd Litfin replied that in legal terminology the general plan and the zoning code are generally consistent and both have to be complied with. He continued that it was better for cohesive density and lot size to be consistent but in a legal context, it was consistent. He stated that legally a decision could still be made before amending the city's land use element.
Councilmember Frackelton noted that the decision on density bonus for this item had never been made in the city's history and that it has a 50-year title restriction. He expressed that he believed it was a serious issue to decide and that he was willing to prolong the decision.
City Attorney Todd Litfin stated that legally it was a decision that could be made tonight before changing the city's law and that the California Department of Housing and Community Development (HCD) allowed it.
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Mayor Pro Tem Wu asked how long it would take to change the city's law.
City Manager Steve Franks responded that the process could take 4-6 months to amend the general plan.
Councilmember Miles asked if the city could confirm that the water runoff wouldn't come down on to Estates.
Ms. Ilkhanipour replied the majority of the run of water would go through the Canyon property and a small portion of it would go through the Estate.
Councilmember Miles expressed that the public had shared concern that the Estates area was very moist and questioned if the problem of run-off would exacerbate the problem.
Ms. Ilkhanipour stated that she did not believe drainage in that area would be of great concern due to the design draining the water through the natural drainage path to the city storm drain.
Mayor Jones noted that there appeared to be an error on the density bonus application and asked that staff explain for the benefit of the public.
Mr. Urbanski explained that on the extra lot that would be granted, that lot would be the fourth lot and would be permitted by the city's code. Originally it was planned to be a single-family dwelling, but now there is a proposal to be an ADU on the lot. The third ADU is missing on the agreement. He informed the council that legally they could still approve the item and that the applicant could amend the agreement and bring it back to the city.
Mayor Jones opened the public hearing and public comments.
Barry Adams expressed opposition and asked the council to continue the item due to potential impacts the project could have on the community such as being too close to the adjacent property owners, reducing open space, impacting traffic, and impact on infrastructure. He requested that the city require the applicant to submit complete, accurate, consistent documentation so that the state housing requirement can be better satisfied. He continued that he thought it was important for the grading to be reviewed. He believed that the property owners should execute an affidavit. He preferred a continuation rather than modifying the general plan due to the impacts it could have regarding density bonuses for future applicants. He requested the item be continued to allow residents time to review the long documents.
Katherine Bergh addressed the council in opposition. She stated she disagreed with Ms. likhanipour regarding drainage. She stated that the configuration of the home was not cohesive with the other homes in the community. She expressed concerns about the grading requirements. She questioned if there would be any provisions to ensure that the property grades concurrently with 19391 Mesa Drive as stated in the staff report. She January 28, 2025 Villa Park City Council Meeting Minutes
noted she could not locate the backbone drainage system referenced in Exhibit A Item
17. She noted the impacts drainage would have on Estate Drive homes and the potential impacts the project could have on traffic. She concluded that the project should be delayed till the developer can provide a realistic density of three homes and a better drainage and traffic plan.
Vince Rossini expressed opposition and concern for the project due to the impacts it would have on the homes in Mesa, Estates, and Canyon. He shared that he supported development when it was not at the expense of city staff, neighbors, and safety. He shared concerns over the traffic engineering study done and disagreed with its conclusion about safety when driving near the project. He continued that he believed there were issues with the staff report specifically with the impacts the project would have on the community. He requested to know how many letters for and against the project.
Sergio Stone shared concern about the drainage due to the ravine between Mesa and the back of his lot being obstructed. He inquired if the obstruction would affect the drainage of the property. He requested the city look into the drainage of the property before they proceed with the project.
Ms. Ilkhanipour expressed that she had not yet visited that part of the ravine. She continued that the developers do have a plan for the water drainage, but that the obstructed ravine could impact the drainage and will have to be removed.
Caleb Rios, project engineer, provided a PowerPoint presentation explaining the details of the project's drainage plans. He explained that currently, the property has no drainage improvements and sheet flows in every direction.
Mr. Tri Doan, the applicant, shared that during the beginning of the project he had talked to every neighbor adjacent to the property and several other community members regarding the project. He stated he believed the application was straightforward and abided by state codes. He continued to state that if the item was continued and the project delayed water would continue to flow every time it rains. He believes the project will overall not negatively impact the neighbors and have a positive impact.
Councilmember Miles requested that staff tally the letters of opposition and support for the council.
Jay Kollar, a homeowner near the development site, complimented the applicant on their outreach program. He expressed support for the project. He also shared that the existing abandoned home on the property has become a nuisance. He asked if the owner of the property was able to file for a demolition permit right now.
City Manager Steve Franks informed the speaker that the applicant was able to file a demolition permit.
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Jay Kollar asked the applicant if he would be willing to file a demolition permit.
Mayor Pro Tem Wu asked, the speaker, Jay Kollar, if he was in support of the item.
Jay Kollar confirmed that he would not mind new developments in that area.
Larry Hack, a homeowner near the property, expressed hesitation regarding the project due to concerns about the traffic and the impact the easement could have on his driveway.
He inquired if a "no parking" stipulation could be written into the agreement and if a fire hydrant could be added to the property since there would be more homes. He also shared the home had become a nuisance and known for parties and requested that the OCSD stop at the property more often.
Mr. Urbanski reported that there were five letters in opposition, three neutral letters, and one letter in favor.
Councilmember Miles thanked the community for their comments. She shared some of the concerns of the community. She addressed the applicant, stating that she had concerns with the letter to the residents that was originally sent. Additionally, she had concerns regarding the water drainage and hoped more studies could be conducted. In regards to the Bonus Density Application, she also had concerns with the amount of dwelling units that would be on the property. She added that she wanted the property developed but four homes were excessive and she was comfortable with 2-3. She continued to express additional concern with the traffic study. She disagreed with the staff's third recommendation in the staff report regarding the CEQA findings.
Councilmember Frackelton shared that he was pro-development and would like to see 20,000-foot lots. However, he had concerns with the Density Bonus Agreement. He stated he would like the council to fix the general plan so it was in line with the zoning and then proceed with water drainage.
Mayor Jones asked if the city had any jurisdiction over ADUs or if it was ruled by the state.
City Manager Steve Franks informed the Mayor that due to state laws, ADUs can be built.
Mayor Jones informed Mr. Urbanski that she counted six letters of support.
City Attorney Todd Litfin reminded the council of the decisions they would be making today per the resolution if they chose to approve the item. He added that the additional information brought up tonight could be facts used to deny the findings in the resolution if so desired.
Mayor Pro Tem Wu inquired if the item could be continued rather than denied.
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City Attorney Todd Litfin stated the item could be continued but recommended denying or approving the item tonight.
Councilmember Miles inquired if the applicant had seen the letters submitted by the public.
Mr. Tri Doan, the applicant, shared the property had been a nuisance before he had purchased the property. He elaborated that due to the type of financing on the property, he would not be able to file for a demolition permit. He expressed that he understood the neighbor's concerns and was hoping to address them. He asked the council if, after the general plan amendment, the density bonus agreement could be terminated once it was deemed that the property qualified under the new plan.
City Attorney Todd Litfin informed the applicant that if the agreement was approved legally it could not be changed after the night of approval.
Councilmember Miles asked the applicant if he could put more fencing around the property. She also asked if the applicant would be open to coming back to the council with a lot split that has three parcels and not four.
Mr. Tri Doan, the applicant, replied that he could put up more fencing. In regards to the number of parcels, he expressed that it would be a hard decision to make.
Mayor Jones asked staff to clarify the public comment made regarding there being no easement and drainage corridor on Seven Estate Drive.
Ms. Ilkhanipour presented PowerPoint images of the drainage pattern and explained that it was a prescriptive easement. She informed the council that the applicant's proposal cuts the water flow to certain properties down to 60%. She shared the letter of support from Mr. and Mrs. Smith, property owners supporting the applicant and allowing the majority of water to go through their pipe.
Mayor Jones inquired if the work authorization letter was a legally binding document.
Ms. Ilkhanipour stated that the signed letter was a commitment to allow the applicant to utilize the pipe. Once Mr. Tri Doan completes the easement documentation and it's recorded then the grading permit will be given.
Katherine Bergh questioned the drainage corridor. She stated it did not coincide with the drainage for her property and believed it was faulted.
Mayor Jones commented that she was in favor of the project. She believed that it would not negatively impact traffic and that there were risks if not developed. However, she did have concerns with the density bonus agreement.
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City Manager Steve Franks explained that to avoid the density bonus agreement, the council would have to deny the item. Staff would then have to amend the general plan land use element and make it consistent with the municipal code. He recommended this option.
Councilmember Miles expressed hesitancy with the City Manager's recommendation.
A motion was made by Councilmember Miles and seconded by Councilmember Frackelton to deny the Tenant Parcel Map (TPM) 2024-127 along with the Density Bonus Agreement.
AYES: Miles, Frackelton, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: Councilmember McBride
4. Consideration of the Addition of Section 5-7 to the Villa Park Municipal Code Pertaining to Operation of Bicycles and E-Bicycles.
City Manager Steve Franks presented a staff report. He elaborated that Ordinance Chapter 5 Section 5.7 addresses operations of motor-driven cycles on public and private property. He noted that Councilmember Miles and Mayor Jones offered a proposed ordinance that would address the regulation operation of motorcycles and motor-driven cycles on public and private property and build open the existing codes to address e- bikes.
Councilmember Miles shared input from the California Grand Jury's report about the impact of e-bikes. She expressed gratitude toward Mayor Jones, OCSD, Vice Principal Mr. Pongo, and city staff for their effort with E-Bike safety.
Mayor Jones expressed gratitude towards the Orange Unified School District for working with the city to educate the students on E-bike safety.
Mayor Jones opened the public hearing and public comments. There being no speakers, the public hearing was closed.
A motion was made by Mayor Pro Tem Wu, seconded by Councilmember Miles to introduce Ordinance No. 2025-633 for the first reading and set February 25, 2025, for the Second Reading of Ordinance No. 2025-633.
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
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CONSENT CALENDAR (ITEMS # 5-14)
Mayor Jones opened the public comment. There being no speakers, the public comments were closed.
A motion was made by Councilmember Frackelton, seconded by Jordan Wu, to approve the Consent Calendar (Items Nos. 5 through 10).
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES:
ABSENT: None
ABSTAIN: None
5. November's Cash and Investment Transparency.
The City Council received and filed this report.
6. December's Cash and Investment Transparency.
The City Council received and filed this report
7. Request approval of City Council Minutes of December 10, 2024.
The City Council approved the City Council Minutes of December 10, 2024
8. Request approval of City Council Minutes of December 17, 2024.
The City Council approved the City Council Minutes of December 17, 2024
9. Consideration of Committee Re-Appointments.
The City Council:
1. Re-appointed Dr. Lynne Doti, Joe Mc Carthy, Brad Reese, Michael Rice, and Thomas Malloy to the Investment Advisory Committee for two-year term expiring in January 2027, and;
2. Re-appointed Eric Reynolds, Jay Wasserman, Ruban Ibarra, James Hayes to the Law Enforcement Advisory Committee for two-year term expiring in January 2027, and;
3. Appointed Vince Rossini to the Law Enforcement Advisory Committee for a two-year term expiring in January 2027.
10. Consideration of the • Villa Park Community Services Foundation Appointments.
The City Council:
January 28, 2025 Villa Park City Council Meeting Minutes
1. Re-appointed Chad Zimmerman, Barbara Perez, Eric Handorf, Forest Case, Tamsen Reinheimer, and Lesslie Giacobbi, for a two-year term expiring in January 2027; and,
2. Appointed Dr. Jay Applebaum to a two-year term expiring in January 2027.
11. Notice of Completion - East Cerro Villa Street Rehabilitation Project.
The City Council:
1. Accepted the East Cerro Villa Street Rehabilitation Project from the Contractor, ONYX PAVING COMPANY, INC., and
2. Authorized the City Clerk to file and record the notice of completion.
12. Out of Area Travel Request.
The City Council approved Out-of-Area Travel for Councilwoman Crystal Miles to attend the ACC-OC Sacramento, CA Advocacy Trip on March 17th-18th in her role as District 3 Representative on the ACC-OCC Board of Directors.
13. Agreement with California Clerk Administrative Services, LLC.
The City Council approved and authorized the Mayor to sign the proposed agreement with California Clerk Administrative Services, LLC.
14. Agreement with A-1 Building Maintenance Inc. DBA SaniClean.
The City Council approved and authorized the Mayor to sign the proposed agreement with A-1 Building Maintenance Inc. DBA SaniClean.
NEW BUSINESS
15. Audit Reports for Year Ended June 30, 2024.
City Manager Steve Franks provided a staff report on the item as detailed in the public agenda report. He reported that the audit report is part of an annual reporting practice that gets filed with the state. He further noted that the audit report was clean and can be found on the city's website.
Mayor Jones opened the public comment. There being no speakers, the public comments were closed
A motion was made by Mayor Pro Tem Wu, seconded by Councilmember Miles to receive and file the City's Basic Financial Statement, the Report on Internal Control Over January 28, 2025 Villa Park City Council Meeting Minutes
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, 2024
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
16. Approval of Investment Policies Update.
City Manager Steve Franks provided a staff report on the item as detailed in the public agenda report. He reported that an investment policy statement is required by law and is reviewed biannually. He noted there were no significant changes from the policy that was established two years ago.
Councilmember Frackelton inquired if the city had a specific goal percentage-wise since the unfunded liabilities are in the 80% range. City Manager Steve Franks responded that the city does not have a specific goal that was part of the investment policy.
Mayor Jones opened the public comment. There being no speakers, the public comments were closed.
A motion was made Councilmember Frackelton, seconded by Mayor Pro Tem Wu to approve the City's Statement of Investment Policy and the Investment Policy Statement for Non-CaPERS Pension and Other Post- Employment Benefits (OPEB) Trust Funds AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
17. Award of Construction Contract for Sidewalk Repair at Villa Park Road, DG Trail at Valley Drive Between Hazel and Loma, and Restoration of Existing Damaged Handrail at City Hall.
City Manager Steve Franks provided a staff report on the item as detailed in the public agenda report. He reported that the city performed a bid and that the proposed contract would address damage to several sidewalks and the handrail at city hall. He stated the contract was in the amount of $23.430 and that there were sufficient funds in the budget.
January 28, 2025 Villa Park City Council Meeting Minutes
Councilmember McBride inquired if the city had received other bids. City Manager Steve Franks responded that other bids were submitted but Cheloletty's was the lowest.
City Manager Steve Franks responded that other bids were submitted but Cheloletty's was the lowest.
Mayor Jones opened the public comment. There being no speakers, the public comments were closed.
A motion was made by Councilmember McBride, seconded by Mayor Pro Tem Wu to award a construction contract to Cheloletty Engineering, Inc. for the sidewalk panel repair at Villa Park Road, placement of DG on Valley Drive between Hazel and Loma, and restoration of the handrail, in the amount of $23,349.
AYES: Miles, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: Frackelton
18. Letter Regarding Public Safety Power Shutoff (PSPS) Program.
City Manager Steve Franks provided a staff report on the item as detailed in the public agenda report. He expressed that there had been challenges due to Edison's Public Safety Power Shutoff Program (PSPS). He requested the council send a letter addressing the city's concerns.
Mayor Jones opened public comments.
Ryan Lau commented that he was in attendance to represent 150 residences in Orange and Oakridge School. He believed a letter from both the City of Orange and Villa Park would make an impact. He added that the shutoff is impacting the wrong neighborhoods in the Iran Circuit, and not impacting the neighborhoods in the fire zones. He asked that Edison explain why his neighborhood was being impacted. He shared that he hoped an exhibit could be added to the letter that showed a map of the neighborhood in the Iran Circuit. He pointed out that the circuit was supposed to be fixed and if it is dangerous then Edison should fix it.
Mayor Jones asked staff to summarize why Edison had decided to shut off the power in that circuit.
City Manager Steve Franks explained that the program was created to mitigate fires started by damaged powerlines. The circuits that are shut off are those that are exposed to high winds or located near fire hazards, and the circuits can be miles long. He also January 28, 2025 Villa Park City Council Meeting Minutes
shared that there were concerns because Edison was not notifying residents within the required 48 hours.
Mayor Jones stated that Edison would be at the next council meeting and that the city was working to put together a town hall event where residents could ask Edison questions.
Larry Hack commented that Edison was very inconsistent when turning the power off. He shared it did not always shut off during dangerous wind conditions. He asked why Edison was shutting off the power during certain times.
James Wohrman shared information about the installation of the power line and that the line was originally installed in an asphalt bridge which was washed out in 1969. He suggested that the letter to Edison point out that the City of Villa Park has been put at risk of a fire.
Councilmember Miles asked for additions to the letter. She recommended that under the PSPS Adverse Impact on Residents where it states residents had been without power for an extended period over 72 hours and amounting to over 10 days in the past 6 months, that it be revised to 3 months. She expressed it should state that for the last 29 days in January eight of those days, areas were de-energized and not demonstrated on the outage map negatively impacting older adults. She continued that in the Personal Losses Section social, emotional, and psychological impacts, the constant uncertainty of reliable power and the fear of home invasion can have severe emotional and psychological impacts not just on city's older adult but on some the city's single female residents. Under Personal Loss she would like to supplement the school educational impact section that these PSPS can disrupt communities especially when the schools close impacting families of first responders who depend on schools for safe child care and that schools play a critical role beyond education serving as a community safety net that provides children with stability and closing them during a PSPS event can leave a void for vulnerable children in stressful home environments and the added stress of power loss exacerbates the problem. She stated that in the call for action section of the letter she wanted to supplement the letter, Southern California should work with, communicate with or collaborate with OCFA partners and the county water district to remove or cut back the brush in the Smith Basin Creek due to it being the main reason for the PSPS. She then commented that the outages are also impacting cell phone service.
Councilmember McBride stated he supported the letter as presented by staff and believed what was provided was adequate.
January 28, 2025 Villa Park City Council Meeting Minutes
City Manager Steve Franks stated it was up to the discretion of the council to determine the content of the letter. However, he had concerns with including information about schools due to none of the city's schools being located in the Iran Circuit. He continued to state that his letter focused on the direct impacts of PSPS on Villa Park rather than issues some of the other communities were struggling with due to the program. Yet, if the council so desired he could include what the council decided to add or remove.
Mayor Jones added that she was supportive of changing the language from 6 months to 3 months in the PSPS Adverse Impact on Residents section of the letter, but she wanted to keep the letter specific to what Villa Park has experienced. Due to no schools being closed, it should not be included. Additionally, they should not ask that SCE be involved in the brush clearing. She added that the issue regarding maps was included in the letter presented.
Councilmember Frackelton inquired if adding more to the letter would be helpful to the city.
City Manager Steve Franks commented that he believed the letter was a step but not going to be a solution. He shared he was hoping the letter would bring movement on Edison's part. He expressed that there was no perfect letter but the sooner it was sent the better.
Ryan Lau commented that the majority of the customers who experienced the PSPS in Orange County were Villa Park residents.
Mayor Jones closed public comments.
A motion was made by Mayor Pro Tem Wu to change the six months to accurately state three months.
Councilmember Miles made a substitute motion that the council include the isolation anxiety depression that the residents have experienced. The motion failed due to the lack of a second.
A motion was made by Mayor Pro Tem Wu, seconded by Councilmember Frackelton to change the six months to accurately state three months and to direct staff to forward the draft letter expressing the concerns and requests regarding the PSPS program to SCE and the CPUC.
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: NONE
ABSENT: NONE
January 28, 2025 Villa Park City Council Meeting Minutes
ABSTAIN: NONE
CITY MANAGER REPORT
19. Information from City Manager and/or City Staff.
City Manager Steve Franks noted there was nothing to report. • MAYOR AND COUNCILMEMBER MATTERS
20. Consideration of 2025 City Council Committee Assignments.
City Manager Steve Franks provided a report on the item per the agenda report. He detailed that this was an annual item and detailed the process for approving the Mayor's appointments to various committees. He elaborated that the OCFA notified the city that the appointment had to be adopted by resolution. He pointed out that the draft resolution provided appointed Councilmember Frackelton, but that could change depending on the council's recommendation that evening.
Councilmember Miles asked for more details about the Housing Legislative Committee.
She recommended that the Housing Legislative Committee revert to the Housing Community Development Committee.
City Manager Steve Franks provided the history of the Housing Legislative Committee.
He noted reverting it to the Housing Community Development Committee, and the previous process could prolong projects.
Councilmember Frackelton asked if the council could eliminate that specific committee.
Mayor Jones noted that the Housing Legislative Committee had more flexibility with that specific title. She was in favor of keeping the committee as is because the appointed member could bring new state housing legislation to the council.
City Manager Steve Franks informed the council that any member of the council can bring housing legislation to the council.
Discussion ensued between the council and City Manager about making the committee an ad-hoc committee.
Mayor Jones asked for more information on what the Housing Community Development board entailed. City Manager Steve Franks explained that it was a pre-planning committee.
January 28, 2025 Villa Park City Council Meeting Minutes
Councilmember Miles made a motion to approve Mayor Jones's recommendations but remove the Legislative Housing Committee.
Mayor Jones asked when the advisory for the Bridges at Kramer Place would be appointed by the Board of Supervisors.
Councilmember Miles reported that they were waiting for a decision to be made regarding the Form of Economic Interest requirements.
Mayor Jones asked if Councilmember Miles could step aside from the Advisory Board for the Bridges at Kramer Place.
City Manager Steve Franks pointed out that it was appointed by the board of supervisors.
Councilmember Miles made a motion to approve Mayor Jones's recommendations but remove the Legislative Housing Committee.
Mayor Pro Tem Wu made a friendly amendment to add an alternate to the Bridges at Kraemer Place Advisory Board.
Mayor Jones recommended appointing Councilmember McBride as the alternate to the Bridges at Kraemer Place Advisory Board.
Councilmember McBride accepted the nomination.
A motion was made by Mayor Pro Tem Wu, seconded by Councilmember Frackelton to approve Mayor Jones's recommendations and appoint or designate a new Councilmember to the appropriate positions, to remove the Housing Legislative Committee, to appoint Councilmember McBride as a potential alternate to the Bridges at Kramer Place Advisory Board once their bylaws are amended to permit alternates and furthermore adopt Resolution 2025-3617.
AYES: Miles, Frackelton, McBride, Wu, and Jones
NOES: None
ABSENT: None
ABSTAIN: None
21. Individual Councilmember Information Items.
• Councilmember meeting attendance reports:
• Law Enforcement Advisory Board
• Mayor Jones reported that the Law Enforcement Advisory Committee meeting reviewed the quarterly crime statistics and the crime rate in Villa Park continues to be reported low. Other topics, including e-bike ordinance, neighborhood watch newsletter, and the January 28, 2025 Villa Park City Council Meeting Minutes
license plate reader issue which will require an MOU with the City of Orange.
Villa Park Community Services Foundation
• Councilmember Frackelton reported that they highlighted the success of their busy holiday season. He noted that the Santa Tour and Boat Parade were the biggest ever.
• He reminded residents about the Lunar New Year Celebration on February 8'h.
• Councilmember Miles asked what the organization meant when they stated they would be sponsoring the Menorah lighting and what they would be specifically funding.
• Mayor Pro Tem Wu responded that the Foundation puts on the work for the event.
• Orange Unified School District City Schools Committee • Mayor Jones reported that the committee did not meet. • Bridges at Kraemer Place Advisory Committee
• Councilmember Miles reported that the committee will start partnering with support services who will begin giving presentations.
She encouraged the public to attend.
• Orange County Fire Authority
• Councilmember Frackelton attended as an audience member due to not yet being appointed. He informed council a new chair and vice- chair was appointed
• Orange County Library Advisory Board
• Mayor Pro Tem Wu reported that the board presented and compared 2024 and 2023 statistics.
• He announced that the library continues to host author events and dance party for the kid.
• Orange County Mosquito & Vector Control District
• Councilmember Miles reported that she was appointed chair to the operations committee that met January 16th where they
recommended adoption of Resolution 588 formalizing the adoption of a flea born typhus program.
An update to the California Mosquito and Vector Control District's Mutual Aid Agreement was discussed. This agreement would increase the mutual aid between 6 agencies to be between 12. • Councilmember Miles was nominated to the executive board.
Orange County Older Adults Advisory Committee
• Councilmember Miles announced she was the chair of the committee. The board will present last years annual report to the Orange County Board of Supervisors in February. The Master Plan data will come out in June. Furthermore, the committee would like to unbury the Department of Aging.
• Orange County Sanitation District
January 28, 2025 Villa Park City Council Meeting Minutes
• Mayor Pro Tem Wu announced that this month staff is giving orientation to directors and alternates.
Councilmember Miles thanked the Villa Park Community Services Foundation for their work over the holiday season.
Councilmember McBride expressed that he enjoyed attending the Villa Park Community Services Foundation holiday events. He also attended the Association of Orange County seminar for newly elected officials. Additionally, he toured the Serrano Elementary School, Gerro Villa Middle School, and the Villa Park High School.
Councilmember Frackelton attended the Orange Unified School District board meeting where they discussed the condition of the pools. He attended the Villa Park Community Services Foundation's Hanukkah Celebration, the LEAC meeting, the Southern California Edison Zoom meeting on January 21st, met with a Colony resident on January 22nd, attended the Villa Park Community Services Foundation on January 22nd, the OCFA board meeting on January 23rd, the Serrano Water District meeting January 28th. He stated he is planning to attend the League of Cities in Garden Grove and meet with Sheriff Barnes and Assemblyman Chen.
Mayor Jones attended the Villa Park Community Services Foundation's Hanukkah Celebration. She added that she attended a virtual meeting with Orange County Animal Care, which is implementing new programs in response to community feedback. She thanked the Villa Park Library for extending its hours during the power outages.
ADJOURNMENT
The meeting was adjourned at 11:30 p.m. in memory of Fire Engineer Kevin Skinner to the next regular Council meeting to be held in person on Tuesday, February 25, 2025. 1 Vial pores
Nicol Vones, Mayor
City of Villa Park
ATTEST
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.