MINUTES OF THE CITY COUNCIL
Simi Valley, California October 10, 2022
a.
b.
CALLED TO ORDER: 6:00 p.m. (CLOSED SESSION)
ROLL CALL: Present: Council Members Luevanos, Cavanaugh, Judge, Mayor Pro TemNice-Chair Litster and Mayor/Chair Mashburn
Remote: None
Absent: None
PUBLIC STATEMENTS: Having no public statements, the City Council adjourned to Closed Session at 6:02 p.m.
CLOSED SESSION:
(1) Conference with Legal Counsel - Existing Litigation (CC) Pursuant to Government Code Section 54956.9(d)(1 ):
Name of Case:
Case No.:
Robert Belanger v. City of Simi Valley
(605300) ADJ 11788125
CALLED TO ORDER: 6:30 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 October 10, at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Led by Joe Grinstead
ROLL CALL: Present:
Remote:
Absent:
Council Members Luevanos, Cavanaugh, Judge, Mayor
Pro Tern Litster and Mayor Mashburn
None
None
1. AGENDA REVIEW: City Manager Gabler recommended that Agenda Item 98 be heard following Item 4A.
Agenda Item 98 was moved to follow Item 4A by consensus of the City Council.
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 - Waterworks District No. 8
!DA- Industrial Development Authority
PFFA - Simi Valley Public Facilities Financing Authority PFA- Public Financing Authority
SA - Successor Agency
LB - Simi Valley Library BoarQ of Trustees
Materials related to an item on this Agenda submitted to the CC, WWD, 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.
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Minutes
2 October 10, 2022
1A. ACTION: Mayor Pro Tern Litster moved that all resolutions and ordinances presented tonight be read in title only and all further reading be waived. Council Member Luevanos seconded the motion. (CC)
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor/Chair Mashburn
None
None
None
1 B. 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. 1C.
10. MOTION: Move that the City Council meeting tonight may extend beyond the midnight deadline to conclude the agenda (Section 2-1.106 SVMC).
DECLARATION OF CONFLICT: None
CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS:
(1) Presentation of a proclamation declaring October 10, 2022 as Indigenous Peoples' Day (CC)
Management Analyst Heidi DiNardo read the proclamation declaring October 10, 2022 as Indigenous Peoples Day.
(2) Presentation of a proclamation declaring the month of October 2022 as Stop Bullying Month (CC)
Community Services Coordinator Kristin Tignac read the proclamation declaring the month of October 2022 as Stop Bullying Month.
(3) Presentation of a proclamation declaring the week of October 10 through 14, 2022 as Code Enforcement Officer Appreciation Week (CC) Environmental Services Director Stratis Perras read the proclamation declaring the week of October 1 O through 14, 2022 as Code Enforcement Officer Appreciation Week.
2. PUBLIC STATEMENTS ON APPOINTMENTS, SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS: None
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
None
Minutes
4. 3 October 10, 2022
PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS.
APPOINTMENTS AND INFORMATIONAL REPORTS:
The following submitted a speaker card and spoke:
1. Mary Poitier, candidate for mayor, no address given, spoke about transparency in City Hall .and the need to obtain other proposals for solid waste services.
2. Dee Tingstrom, Simi Valley, CA, spoke about the need for an external audit of a federal grant awarded to The Samaritan Center, and the scheduling of a public forum at the Simi Valley Library on the topic of race and racism in America by Edwin Tingstrom.
3. Michele Bennett, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
4. Robert Clarizio, Simi Valley, CA, presented questions regarding the agreement with Waste Management.
5. Annika Sumby, Executive Director of the Samaritan Center, no address given, spoke in support of the Waste Management franchise agreement.
6. Mark Richardson, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
7. Doug Bamforth, Simi Valley, CA, spoke on the effects of technology, electricity, and water. He also thanked the workers of Waste Management.
8. Sean Weisman, candidate for City Council District No. 2, Simi Valley, CA, spoke in support of transparency in the discussions with Waste Management. He also expressed his concerns about approving this contract early.
9. Susan Hanscun, Simi Valley, CA, addressed Mayor Mashburn and Council Member Judge regarding their comments at the September 19, 2022 City Council meeting, and requested that they be censured.
10. Rick Shaw, Simi Valley, CA, spoke regarding his concerns of the fire hazard being created by the placement of wood chips and desert plants on the parkway behind his house.
11. William Klepper, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
12. Michelle Liddell, Board Member of Simi Valley Chamber of Commerce, Simi Valley, CA, spoke about upcoming events the Chamber of Commerce has in the near future.
13. John Lapper, Simi Valley, CA, addressed Mayor Mashburn and Council Member Judge regarding their comments at the September 19, 2022 City Council meeting, and requested censure.
14. Lee Kennedy, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
Minutes
r
4 October 10, 2022
15. Joe Grinstead, no address given, spoke in support of the Waste Management franchise agreement.
16. Jill Abele, no address given, spoke in support of the Waste Management franchise agreement. She also expressed concerns that a comparison on costs was not done and suggested that public review be solicited.
17.Stacy Vanderschaaf, Simi Valley, CA, spoke about the surplus funds of the City and agreed with the recommendations of the Staff Report.
18. Stephanie Jennings, President of the Simi Valley Kiwanis, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
19. Karen Hoyle, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
20. Mike Kort, Simi Valley, CA, spoke regarding the bidding process of the waste hauling contract. He is in support of the Waste Management franchise agreement.
21. Robbie Hidalgo, Simi Valley, CA, spoke in support of the City's recommendation to approve authorization to accept $11,838 from the Edward Byrne Memorial Justice Assistance Grant and commented on the purchasing of bicycles. He expressed concern with the cost of the desktop computers listed in the Staff Report. He spoke in support of the CalPERS payment, and Waste Management franchise agreement.
22. Juan Miguel, no address given, requested that the City Council meetings be· closed captioned in Spanish and English. He also requested updating the route for the busses in the City, and that there be supervision on the buses for minors riding the bus without an adult. He addressed potholes in the streets. He also thanked Council Member Luevanos for supporting Waste Management.
23. Lynn Hylton, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
24. Lisa Hemenway, Community Relations Specialist for WM, Simi Valley, CA, spoke in support of Waste Management.
25. Steve Lee, no address given, spoke in support of the Waste Management franchise agreement.
26. Justin Honsinger, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
27. Martin Melendres, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
28. Fernando Lara, Vice President of Teamsters Local 186, no address given, spoke in support of the Waste Management franchise agreement.
29. Marisol Aldana, no address given, spoke in support of the Waste Management franchise agreement.
30. Doug Corcoran, no. address given, spoke in support of the Waste Management franchise agreement.
Minutes
5 October 10, 2022
31. Eric Rose, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
32. Jimmie Johnson, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
33. Bruce Boyer, Chatsworth Lake Manor, CA, spoke regarding an Ordinance restricting mobile billboards.
34. Richard Perini, Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
35. Dawn Gray, Simi Valley, CA, spoke in support of the Waste Management franchise agreement. She also read a letter from Glen Becerra with concerns regarding Waste Management.
36. Salvador Orozco Jr., Simi Valley, CA, spoke in support of the Waste Management franchise agreement.
37. Joe Piechowski, Simi Valley, CA, commented on Madera Road's improved driving conditions. He spoke in support of the Waste Management franchise agreement.
He also spoke regarding a proclamation for Columbus Day.
The following submitted a speaker card in support of the Waste Management Franchise Agreement and did not speak:
1. Susan Fleczok , Simi Valley, CA
2. Varot Pisitchajyaku, no address given
3. Scott Tignac, Simi Valley, CA
4. Amy Tignac, Simi Valley, CA
5. Brian Neiens, Simi Valley, CA
6. Mark Jones, no address given
7. Joe Cassello, Simi Valley, CA
8. Jessie Lopez, Santa Clarita, CA
9. AJ Singh, no address given
10.Alex Meza, Simi Valley, CA
11. Larry Rinkenberger, Simi Valley, CA
12. Denise Kane, Simi Valley, CA
13. Barbra Williamson, Simi Valley, CA
14. Carol Richards, Simi Valley, CA
15. Vince Richards, Simi Valley, CA
16. Jordan Kingsbury, no address given
17.Chris LeRoy, no address given
18. Alex Olmedo, no address given
19. Michael Dudley, no address given
20. Maggie Kestly, no address given
Minutes
4A.
6 October 10, 2022
The following submitted a speaker card in opposition to the Waste Management franchise agreement and did not speak:
1. Kris Mauldin, Simi Valley, CA
CITY COUNCIL/BOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS:
Council Member Luevanos thanked everyone for coming to the meeting. She agreed with Ms. Poitier that transparency is important, mentioned to Mr. Lapper that all residents are relevant, and stated she will be reaching out to Mr. Juan Miguel to help with the transportation routes and having adults help minors use the bus. She addressed Mr. Klepper's comments regarding attending events.
Council Member Cavanaugh addressed Mr. Hidalgo's comments regarding the purchase of bicycles for the Police Department. She thanked the team at Waste Management for their work, and for being present at the meeting.
Council Member Judge thanked everyone for coming to the meeting and speaking.
Mayor Pro Tern Litster thanked everyone for coming to the meeting. She addressed Mr. Bamforth's statements regarding water, she stated she would like to speak with Mr. Shaw regarding the fire hazard behind his home, and addressed Mr. Juan Miguel's comments regarding closed captioning in Spanish and English.
Mayor Mashburn thanked everyone regarding their comments. He stated he is concerned about Santa Paula's rates for trash pick-up. He also addressed the issue of transparency.
Mayor Mashburn recessed the City Council to a break at 8:36 p.m.
Mayor Mashburn reconvened the City Council at 8:52 p.m. with all City Council Members present.
Agenda Item 98 was moved to follow Item 4A by consensus of the City Council.
NEW BUSINESS:
98. Consideration of a resolution approving an amended and restated agreement with G.I.
Industries for solid waste services and introduction of an ordinance amending Section 6-3.16 of the Simi Valley Municipal Code increasing the franchise fee for waste discards collection (Gabler) (CC)
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Minutes
7 October 10, 2022
Ordinance No. 1344 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY AMENDING SECTION 6-3.16 OF THE SIMI VALLEY MUNICIPAL
CODE INCREASING THE FRANCHISE FEE FOR WASTE DISCARDS
COLLECTION
Resolution No. 2022-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY APPROVING AN AMENDED AND RESTATED FRANCHISE AGREEMENT WITH G.I. INDUSTRIES TO PROVIDE EXCLUSIVE SOLID WASTE HANDLING SERVICES.
ACTION: Council Member Luevanos moved to adopt Resolution No. 2022-55, approving an Amended and Restated Franchise Agreement with G.I. Industries and introduce Ordinance No. 1344. Council Member Cavanaugh seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
None
None
None
5. PUBLIC HEARINGS: None
6. CONTINUED PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS AND INFORMATIONAL REPORTS: None
6A. CITY COUNCIL/BOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS: None
7. CONSENT CALENDAR:
Council Member Luevanos pulled Consent Items 4 and 5 for discussion. (1) Approval of minutes for the City Council meetings of September 12 and 19, 2022 (Blanco) (CC)
ACTION: Approved request.
(2) Authorization to accept $13.471 from the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase and installation of wall and floor mounted bike racks, authorize the City Manager or designee to execute all grant related documents and ratify prior documents executed; and approve a Supplemental Budget Request in Fund 287 (Livingstone) (CC) ACTION: Approved request.
Minutes
8 October 10, 2022
(3) Authorization to accept $11,838 from the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) to purchase two electric bikes, for the Police Department's Bicycle Patrol, fund NIBRS related expenditures, authorize the City Manager or designee to execute all grant related documents, ratify documents previously executed, and approve a Supplemental Budget Request (Livingstone) (CC)
ACTION: Approved request.
(4) Approval of an amendment to the agreement between the City of Simi Valley and Insight North America LLC for Investment Advisory Services (Johnson) (CC) ACTION: Approved amendment with Insight North America LLC. (5) Approval of agreement to purchase replacement desktop computers from Golden Star Technology, Inc .. OBA GST (Johnson) (CC)
ACTION: Approved contract with Golden Star Technology, Inc. (6) Adoption of a resolution accepting public improvements for Tract No. 5978, located at the southeast corner of East Los Angeles Avenue and Madera Road (Fuchiwaki) (CC)
Resolution No. 2022-52 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SIMI VALLEY ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 5978, LOCATED AT THE SOUTHEAST CORNER OF LOS
ANGELES AVENUE AND MADERA ROAD
ACTION: Adopted Resolution No. 2022-52.
(7) 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) (CC)
Resolution No. 2022-53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SIMI VALLEY CONFIRMING AND RENEWING THE PROCLAMATION
OF THE EXISTENCE OF A LOCAL EMERGENCY
Resolution No. 2022-54 - 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. 2022-53 and 2022-54.
Minutes
9 October 10, 2022
ACTION: Mayor Pro Tern Litster moved to approve Consent Calendar Items 1, 2, 3, 6 and 7. Council Member Cavanaugh seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
None
None
None
ACTION: Council Member Cavanaugh moved to approve Consent Calendar Items 4 and 5. Mayor Pro Tern Litster seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
None
None
None
8. CONTINUED BUSINESS:
BA. Second reading of Ordinance no. 1343 approving a City-initiated Municipal Code Text Amendment (Z-S-2021-0004), to amend portions of Title 9 of the Simi Valley Municipal Code to provide procedures for voluntary lot mergers; and a determination that the amendment is exempt from the California Environmental Quality Act (CEQA) (Perras) (CC)
Ordinance No. 1343 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING A CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z-S-2021-0004), TO AMEND PORTIONS OF TITLE 9 OF THE SIMI
VALLEY MUNICIPAL CODE TO PROVIDE PROCEDURES FOR VOLUNTARY LOT MERGERS; AND A DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
ACTION: Mayor Pro Tern Litster moved to adopt Ordinance No. 1343. Council Member Judge seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
None
None
None
Minutes
10 October 10, 2022
9. NEW BUSINESS:
9A. Consideration of distribution of FY 20-21 Budget Surplus Funds in accordance with the Fund Balance Policy (Gabler) (CC)
10. 10A.
ACTION: Council Member Cavanaugh moved to approve distribution of $7,317,482 from FY 20-21 Budget surplus as outlined in staff's report. Council Member Luevanos seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
REPORTS:
Council Members Luevanos, Cavanaugh, Judge, Mayor Pro Tern Litster and Mayor Mashburn
None
None
None
City Council/Board Member/Trustees/Special District Member Reports:
Council Member Luevanos reported she served at the City Volunteer Appreciation Dinner at the Boys & Girls Club of Simi Valley, attended the Clean Power Alliance meeting, and participated in the Cultural Arts Center Foundation Board interviews.
Council Member Cavanaugh reported she served at the City Volunteer Appreciation Dinner at the Boys & Girls Club of Simi Valley, attended the Economic Development Collaborative (EDC) Executive Committee meeting, met with a recruiter regarding the recruitment of a new Police Chief, and participated in the Cultural Arts Center Foundation Board interviews.
Council Member Judge reported he served at the City Volunteer Appreciation Dinner at the Boys & Girls Club of Simi Valley, attended the Calleguas Municipal Water District (MWD) Drought Task Force Zoom meeting, and the 13th annual Soaring Spirits Share the Road Ride. He also attended the Ventura County Transportation Committee (VCTC) meeting, and the Council On Aging (COA) meeting.
Mayor Pro Tern Litster reported she served at the City Volunteer Appreciation Dinner at the Boys & Girls Club of Simi Valley, attended the Simi Valley Arts Commission meeting, and the Grand Opening Ceremony for the Vintage at Sycamore. She also attended the Little Black Dress event put on by the Soroptimist Club, the grand opening of Munay Peruvian Restaurant, the Simi Valley Youth Council's 4th Annual Rock Painting Night, and the Simi Valley Cultural Arts Foundation Simi Stars Talent Showcase event. Mayor Pro Tern Litster also attended the Eagle Court of Honor for Troop 616, met with the Police Foundation President Sergeant Wedemeyer, attended · ..
Minutes
11 October 10, 2022
a swearing-in ceremony for Simi Valley Police Department academy graduates , and the opening ceremony at the Simi Valley Cultural Arts Center for Not of the Hands, But of the Heart Art Exhibit. She also attended the 13th Annual Soaring Spirits Share the Road Ride, the Southern California Association of Governments (SCAG) meeting , the Simi Valley Education Foundation Teacher of the Month ceremony honoring Kylie Donlon from Garden Grove Elementary , and the Commun ity Games Closing Ceremonies at the Simi Valley Senior Center.
Mayor Mashburn reported he served at the City Volunteer Appreciation Dinner at the Boys & Girls Club of Simi Valley , and attended a memorial service for retired Lieutenant Dick Thomas.
1 OB. City Council/Board Member/Spe cial District Member Requests for Future City Council Agenda Items :
Council Member Luevanos requested a report on the funding mechanism for School Resource Officers (SROs) and crossing guards to alleviate the City of liabilit y. Mayor Mashburn seconded the motion .
Council Member Luevanos requested a censure of Mayor Mashburn and Counci l Member Judge . The motion failed for lack of a second .
Mayor Pro Tern Litster requested the City join with other cities to initiate legal action against AB 211. Council Member Judge seconded the motion .
ADJOURNMENT : Mayor/Chair Mashburn adjourned the meeting at 10:37 p.m. in memory of Reverend Thomas Allen Goodwin to the meeting of October 24, 2022 at 6:30 p.m. There being no objections , the motion carried through acclamation.
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