MINUTES OF THE CITY COUNCIL
Simi Valley. California March 14, 2022
CALLED TO ORDER: 6:00 p.m. (CLOSED SESSION)
ROLL CALL: Present: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tem Litster and Mayor Mashburn
Remote: None
Absent: None
a. PUBLIC STATEMENTS: Having no public statements, the City Council adjourned to Closed Session at 6:01 p.m.
b. CLOSED SESSION:
(1) Conference with Legal Counsel - Existing Litigation (CO) Pursuant to Government Code Section 54956.9fd)f1):
Name of Case: Christine Dorman v. City of Simi Valley, et al Case No.: 56-2019-00535484-CU-PO-VTA
CALLED TO ORDER: 6:33 p.m. (OPEN SESSION)
CLOSED SESSION REPORTS: City Attorney Caceres stated there was no reportable action as a result of the Closed Session meeting held on March 14, 2022 at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Led by Elaine Freeman
ROLL CALL: Present: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tem Litster and Mayor Mashburn
Remote: None
Absent: None
1. AGENDA REVIEW:
1 A. ACTION: Mayor Pro Tem Litster moved that all resolutions and ordinances presented tonight be read in title only and all further reading be waived. Council Member Cavanaugh seconded the motion. (CC)
Note: If this is a joint meeting of the City Council and Boards of Directors, the applicable entity is identified at the end of each agenda item.
CC - City Council
WWD - Watenworks District No. 8
IDA - Industrial Development Authority
PFFA - Simi Valley Public Facilities Financing Authority PFA - Public Financing Authority
SA - Successor Agency
LB - Simi Valley Library Board of Trustees
Materials related to an item on this Agenda submitted to the CC, VWVD. IDA, PFFA, PFA, SA, and/or LB after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 2929 Tapo Canyon Road, Simi Valley, CA during normal business hours.
Minutes
March 14, 2022
ROLL CALL
AYES; Council Members Luevanos, Gavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAIN: None
IB. It is the policy of the City Council that upon reaching 11:30 p.m., the City Council will not address any new agenda items. Should the City Council continue to address an in-progress agenda item past 12:00 midnight, the following motion is in order.
MOTION: Move that the City Council meeting tonight may extend beyond the midnight deadline to conclude the agenda (Section 2-1.106 SVMC).
IC. DECLARATION OF CONFLICT: None
ID. CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS:
(1) Presentation of a Proclamation declaring the month of March 2022 as Women's Historv Month (CO)
Deputy City Manager, Samantha Argabrite read the proclamation declaring the month of March 2022 as Women's History Month.
2. PUBLIC STATEMENTS ON APPOINTMENTS. SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS: None
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
3A. APPOINTMENTS:
(1) Selection of two City Council Members to conduct Community Prelects Grant Review Committee interviews (Perros) (CO)
ACTION: Mayor Pro Tem Litster moved to select City Council Member Luevanos and City Council Member Judge to conduct interviews and nominate a prospective Community at-Large member to the Community Projects Grant Review Committee.
Council Member Luevanos seconded the motion.
ROLL CALL
AYES: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tem Litster and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAIN: None
Minutes
March 14, 2022
3B. SPECIAL PRESENTATIONS:
(1) Presentation by Rancho Simi Recreation and Park District regarding the status of the Arroyo Simi Greenwav (CO)
Board member Elaine Freeman, Board Member Ed Abel, and District Manager Dan Paranick provided a presentation regarding the status of the Arroyo Simi Green\A/ay.
30. INFORMATIONAL REPORTS: None
4. PUBLIC HEARINGS: None
5. PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS.
APPOINTMENTS AND INFORMATIONAL REPORTS:
The follo\A/inq submitted a speaker card and spoke:
1. Bruce Boyer, Chatsworth Lake Manor, OA, spoke about Second Amendment rights.
2. Evelyn Gatewood (no address given) spoke about the impact cannabis dispensaries have on communities and public health considerations.
3. Stacy Vanderschaaf. Simi Valley, OA, expressed appreciation for the improvements made to the Arroyo Simi Greenway and hopes it continues.
4. Julie Bershin (no address given) spoke about marijuana use in Simi Valley high schools and in opposition to cannabis dispensaries in Simi Valley.
5. Suzanne Thuotte (no address given) spoke in opposition to cannabis dispensaries in Simi Valley, and in opposition to ZOOM calls continuing.
6. Joe Piechowski, Simi Valley, OA, spoke in opposition to City Council reconsidering the issue of cannabis dispensaries in SIml Valley, and in favor of ZOOM calls continuing only for those callers that identify their residence as Simi Valley.
7. Greg Litster, Simi Valley, OA, spoke against cannabis dispensaries in Simi Valley.
Public statements by Zoom speakers:
1. Roop Maan (no address given) spoke in support of keeping ZOOM calls for Public Statements, and in support of legal marijuana dispensaries.
2. Rebecca (no address given) spoke in support of a hybrid model for the public to participate in Council meetings and in support of cannabis dispensaries in Simi Valley.
5A. CITY COUNCIL/BOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS:
Minutes
March 14, 2022
Mayor Mashburn responded to the comment made by Mr. Litster and the other members of the public who expressed concern that the City is endorsing cannabis sales in the City. He stated that the statements made are inaccurate and that the City Council is simply looking into more research by means of a report from City staff on where cannabis is heading. He also stated that he is extremely opposed to ZOOM.
Council Member Luevanos reminded all that this is Women's History Month and responded to the comment made with regards to keeping daughters safe; she stated that if we want daughters to be safe we need to teach others to respect women especially during Women's History Month. She expressed her opposition to the comment made by Mayor Mashburn to Mr. Litster to "man up", stating these comments are unacceptable.
Council Member Judge responded briefly regarding the Second Amendment rights stating that the County Sheriff handles issuing concealed weapons licenses and does a great job. He stated that the City does not have the personnel or resources to handle it at this time.
Mayor Pro Tern Litster stated her appreciation to the comments and dialogue on the various topics from the public. She also stated that Mr. Litster speaks entirely independent and that they do not have discourse before the meeting.
6. CONSENT CALENDAR:
Council Member Luevanos pulled Consent Items 2 and 3 for discussion. (1) Approval of minutes for the City Council meeting of February 28. 2022 (Blanco) (CO)
ACTION: Approved minutes.
(2) Approval of the General Plan Annual Progress Report for calendar year 2021 for submission to the Governor's Office of Planning and Research and to California's Department of Housing and Community Development (Perros) (CO) ACTION: Approved request.
(3) Consideration of approval of contract with the Law Offices of Keqel. Tobin and Truce for Workers' Compensation Legal Services, ratify services performed, and increase the authorization amount for the Citv/District Manager for approving future workers' compensation contracts (Gutierres) (CO) ACTION: Approved contract with Law Offices of Kegel, Tobin and Truce.
Minutes
March 14, 2022
(4) Consideration of a resolution confirming and renewing the proclamation of the existence of a local emergency and consideration of a resolution implementing the provisions of AB 361 (Gabler) (CO)
Resolution No. 2022-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIM! VALLEY CONFIRMING AND RENEWING THE
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
Resolution No. 2022-15 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SIMI VALLEY CONFIRMING THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF SIMI VALLEY
PURSUANT TO BROWN ACT PROVISIONS
ACTION: Adopted Resolution Nos. 2022-14 and 2022-15.
(5) Adoption of a resolution approving an updated Publicly Available Pay Schedule in accordance with State Law fGutierres) (CO
Resolution No. 2021-16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SIMI VALLEY APPROVING AN UPDATED CITYWIDE PUBLICLY
AVAILABLE PAY SCHEDULE IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
ACTION: Adopted Resolution No. 2022-16.
ACTION: Council Member Judge moved to approve Consent Calendar Items 1, 4 and
5. Council Member Cavanaugh seconded the motion.
ROLL CALL
AYES: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tem Litster and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAIN: None
ACTION: Council Member Cavanaugh moved to approve Consent Calendar Items 2 and 3. Council Member Judge seconded the motion.
Minutes
6 March 14, 2022
ROLL CALL
AYES: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tem Ulster and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAIN: None
7. CONTINUED BUSINESS:
7A. Direction to staff regarding how public statements will be received at future City Council meetings (Arqabritel (CO
ACTION: Council Member Luevanos moved that the City Council maintain the hybrid approach to public statements so that the City Council aligns \A/ith the City's Mission Statement and provide excellent service to our community. The motion failed for lack of a second.
ACTION: Council Member Judge moved to return to in person public statements only at City Council meetings. Council Member Cavanaugh seconded the motion.
ROLL CALL
AYES: Council Members Cavanaugh. Judge, Mayor Pro Tem Litster and Mayor Mashburn
NAYS: Council Member Luevanos
ABSENT: None
ABSTAIN: None
Mayor Mashburn recessed the City Council to a break at 8:44 p.m.
Mayor Mashburn reconvened the City Council at 8:54 p.m. with all Council Members present.
8. NEW BUSINESS:
8A. Consideration of enforcement options of fireworks use and instituting civil fines for use of fireworks (Swan) fCC)
ACTION: Council Member Luevanos moved to direct staff to draft a Fireworks Ordinance incorporating identified enhanced civic or administrative penalty structures for fireworks violations and include civil fines and a social host. The motion fails for lack of a second.
Minutes
March 14, 2022
ACTION: Council Member Cavanaugh moved to direct staff to draft a Fireworks Ordinance incorporating identified enhanced civic or administrative penalty structures for fireworks violations with "Safe and Sane" fireworks civil fine maximum of $100 and "Dangerous" fireworks civil fine $1,000, and include a social host component.
Seconded by Mayor Pro Jem Litster.
ROLL CALL
AYES: Council Members Luevanos, Cavanaugh, Mayor Pro Tem Litster and Mayor Mashburn
NAYS: Council Member Judge
ABSENT: None
ABSTAIN: None
8B. Adoption of a resolution amending the compensation and other terms and conditions of the City Manager's Employment Agreement (Gutierres) (CO) Resolution No. 2021-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY AMENDING THE COMPENSATION AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE POSITION OF CITY MANAGER ACTION: Council Member Judge moved to direct staff to adopt Resolution No. 2022- 17 to amend the compensation and other terms and conditions of the City Manager's Employment Agreement. Council Member Cavanaugh seconded the motion.
ROLL CALL
AYES: Council Members Cavanaugh, Judge, Mayor Pro Tem Litster and Mayor Mashburn
NAYS: Council Member Luevanos
ABSENT: None
ABSTAIN: None
9. REPORTS:
9A. City Council/Board Member/Trustees/Special District Member Reports:
Council Member Judge reported he attended the Donor Wall Dedication at the Free Clinic of Simi Valley Multi Services Center, the Southern California Association of Governments (SCAG) Regional Council and Policy Committee meetings, the Ventura County Transportation Commission (VCTC) meeting, and the Simi Valley Chamber of Commerce Salute to Excellence Gala. He reported he attended the For the Troops Gala held to honor Golf War veterans, the Youth Council Youth Summit Symposium, the Soroptimist Live Your Dream awards ceremony, and he toured the Waste Management facility. Council Member Judge reported he attended the grand opening Minutes
8 March 14, 2022
of the For the Need Foundation which is located inside the Free Clinic of Simi Valley, the First Responders of the Year awards dinner held at the Simi Valley Elks Lodge, and the Council On Aging meeting.
Council Member Cavanaugh reported she attended the Donor Wall Dedication at the Free Clinic of Simi Valley Multi Services Center, the Economic Development Collaborative (EDC) Executive Board meeting, and the Simi Valley Chamber of Commerce Salute to Excellence Gala. She reported she attended the Soroptimist Live Your Dream awards ceremony, the grand opening of the For the Need Foundation, and the First Responders of the Year awards dinner held at the Simi Valley Elks Lodge.
Council Member Luevanos stated she attended the Clean Power Alliance Board of Directors meeting, the International Women's Day ZOOM event, and the GRID Alternatives Construction event.
Mayor Pro Tern Litster reported she attended the Donor Wall Dedication at the Free Clinic of Simi Valley Multi Services Center, the Southern California Association of Governments (SCAG) Energy and Environment Policy Committee meeting, the Simi Valley Education Foundation Teacher of the Month award, the Task Force on Business Recovery, and the Youth Council Youth Summit Symposium. She reported she attended the Ventura Council of Governments (VCOG) meeting, the Soroptimist Live Your Dream awards ceremony, and she toured the Waste Management facility.
Mayor Pro Tern Litster reported she attended the grand opening of the For the Need Foundation, the First Responders of the Year awards dinner held at the Simi Valley Elks Lodge, and the Council On Aging meeting.
Mayor Mashburn reported he attended the Donor Wall Dedication at the Free Clinic of Simi Valley Multi Services Center, the Simi Valley Chamber of Commerce Salute to Excellence Gala, and the Simi Valley Chamber of Commerce Economic Development Committee (EDC) meeting.
9B. Citv Council/Board Member/Special District Member Requests for Future City Council Agenda Items:
Council Member Luevanos requested an item to discuss that all emails be read aloud if they are indicated to be read as public comment with a time limit of three minutes per email. The motion failed for lack of a second.
Council Member Luevanos requested that a statement be made that "hate speech" is not welcome in the City of Simi Valley and requested that it be agendized so that it is implanted as City policy. City Manager Gabler stated that a proclamation was presented last year. The motion failed for lack of a second.
Minutes
March 14, 2022
Council Member Luevanos requested an item to discuss that Council Members read the emailed public comments into the public record. The motion failed for lack of a second.
ADJOURNMENT: Mayor Mashburn adjourned the meeting at 10:15 p.m. in the memory of Veronica Betancourt (Jose Betancouif s wife, Public Works Maintenance Worker II), Irene Peterson (Former
Administrative Services Deputy Director) and Bill Glodfelty, to the meeting of March 21. 2022 at 6:30 p.m. There being no
objections, the motion carried through acclamation.
.eith L. Mashburiy^Mayor of the City of
Simi Valley. Califdmia
mco, CMC
City Clerk