AGENDA SUMMARY
CITY COUNCIL
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
REGULAR MEETING
January 23, 2023
AGENDA
ITEM
You may view the City Council meeting broadcast live at: Spectrum Channel 10 AT&T U-Verse Channel 99
City’s Website: www.simivalley.org/citycouncilmeetings
YouTube: www.youtube.com/CityofSimiValley
Pursuant to the City Resolution 2022-66, City Council Members may be participating via teleconference and/or video conference.
Persons who require accommodation in order to review an agenda, or to participate in a meeting of the City Council per the Americans with Disabilities Act (ADA), may obtain assistance by requesting such accommodation in writing addressed to the City Clerk, 2929 Tapo Canyon Road, Simi Valley, CA 93063 or telephonically by calling (805) 583-6813. Any such request for accommodation should be made, if at all possible, at least 48 hours prior to the scheduled meeting for which assistance is requested. The City will resolve such requests in as timely a manner as possible.
Written Comment Submissions - The public is invited to submit written comments to the City Council via email to the City Clerk’s Office at [email protected]. The City Clerk will forward your comments to the City Council Members.
Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk at [email protected] or call (805) 583-6748.
Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will not be edited for redactions; will be printed/posted as submitted.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code Section 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.
CALL TO ORDER: 6:30 p.m. (OPEN SESSION)
PLEDGE OF ALLEGIANCE:
ROLL CALL:
1. AGENDA REVIEW:
1A.
Move that all resolutions and ordinances presented tonight be read in title only and all further reading be waived. 1B.
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). 1C.
DECLARATION OF CONFLICT:
If any member of the City Council may have a conflict of interest or any reason why that member must abstain from consideration of any matter on this agenda, he or she should so declare at this time. 1D.
CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS:
(1) Presentation of an Honorary Resolution to Ingrid Heller for the Wayne Templeton Volunteer of the Year Award (CC) (2) Presentation of Certificates of Appreciation to Outgoing Members of the Simi Valley Council On Aging Executive Board (CC) (3) Presentation of Certificates of Commendation to the Senior Center Wii Bowling Team for winning the Ventura County Wii Bowling Tournament (CC) (4) Presentation of Honorary Resolutions to Tim Hodge and Dawn Gray for their service as Planning Commissioners (CC)
2. PUBLIC STATEMENTS ON APPOINTMENTS, SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS: Agenda Item No. 2 is the time allotted for public statements on Appointments, Special Presentations, and Informational Reports only. Public statements on all other items on the agenda, except Public Hearings, take place during Agenda Item No. 4 and Agenda Item No. 6, exclusively.
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
3A.
APPOINTMENTS:
(1) Appointment of Simi Valley Council On Aging Executive Board Members (CC) Staff Report
3B.
SPECIAL PRESENTATION: None
3C.
INFORMATIONAL REPORTS:
(1) Informational presentation by Council On Aging member Bill Oliver (CC)
4. PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS, SPECIAL PRESENTATIONS, AND INFORMATIONAL REPORTS:
During this Agenda Item No. 4, the City Council will hear Public Statements from the first ten (10) persons who have submitted Speaker Cards. After the first ten (10) persons have spoken, subsequent persons who submitted Speaker Cards will be called to speak during Agenda Item No. 6, which is a continuation of Agenda Item No. 4.
Agenda Item No. 4 and Agenda Item No. 6 are the times allotted for public statements on all items on the agenda including the Consent Calendar, as well as matters not on the agenda but within the subject matter jurisdiction of the City Council, but not including comment on Public Hearings, Appointments, Special Presentations, and Informational Reports If you wish to make a Public Statement on Agenda Item No. 4 or Agenda Item No. 6 - PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS, SPECIAL PRESENTATIONS, AND INFORMATIONAL REPORTS, please refer to instructions attached.
Public Statement Protocols and Instructions
4A.
CITY COUNCIL/BOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS:
5. PUBLIC HEARINGS: NOTE ON PUBLIC NOTICE: This is the time and place set for a public hearing on the consideration of matters as presented on this agenda. Let the record show that due notice was given as required by law and an affidavit to this effect is on file in the Office of the City Clerk. The reports of the City Staff relating to these matters shall be made a part of the record of this meeting. Speakers during public hearings shall limit their comments to matters relevant to the item on the agenda, and may be ruled out of order if comments are unrelated to the item.
NOTE ON JUDICIAL REVIEW: If you challenge in court any of the City Council decisions made here tonight, you may be limited to raising only those issues you or someone else raised at this public hearing. The time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6.
If you wish to provide testimony on Agenda Item No. 5 - PUBLIC HEARINGS, please refer to Public Comment Section instructions above. 5A.
A public hearing to consider a Substantial Amendment to the FY 2019-20 Action Plan to make modifications to restrooms at the Senior Center (3900 Avenida Simi) and make a determination that the amendment is exempt from the California Environmental Quality Act (Perros) (CC) Staff Report
5B.
A public hearing to consider a request from Heywood Street Associates LLC, for the approval of a Zone Change, Z-S-2022-0002; Planned Development Permit, PD-S-2022-0001; and Affordable Housing Agreement, AHA-2022-0001; to change the zoning of a 0.22-acre portion of a 4.57-acre site from Commercial Office (CO) to Residential Very High Density (RVH) for the construction of a new 83-unit multi-family residential building with five affordable units, related development incentive and waivers, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan located at 1850 Heywood Street; introduction of an ordinance and adoption of resolutions (Perros) (CC) Staff Report
5C.
Consideration of General Plan Amendment Pre-Screening review of GPPS-2022-0003 (Sentry Property Group, Inc.), a request to change the General Plan land use designation from Medium Density Residential to Moderate Density Residential for a 1.5-acre portion of a 5.72-acre project site located at 1801 and 1807 Oak Road, southeast of East Los Angeles Avenue and Yosemite Avenue (Perros) (CC) Staff Report
5D.
A public hearing to consider adoption of a resolution approving the issuance of tax-exempt revenue bonds by the California Public Finance Authority for the financing of a residential care facility project for the elderly and authorizing the City of Simi Valley to join the California Public Finance Authority as a non-charter additional member (Swan) (CC) Staff Report
6. CONTINUED PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS, SPECIAL PRESENTATIONS, AND INFORMATIONAL REPORTS: During this Agenda Item No. 6, the City Council will hear Public Statements from persons who have previously submitted Speaker Cards and did not speak under Agenda Item No. 4.
Agenda Item No. 4 and Agenda Item No. 6 are time allotted for public statements on all items on the agenda including the Consent Calendar, as well as matters not on the agenda but within the subject matter jurisdiction of the City Council, but not including comment on Public Hearings, Appointments, Special Presentations, and Informational Reports. 6A.
CITY COUNCIL/BOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS:
7. CONSENT CALENDAR: NOTICE TO THE PUBLIC: All matters listed under the Consent Calendar are considered to be routine by the City Council/Boards and will be enacted by one motion. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar. Vote will be by roll call. (1) Authorization to accept an insurance disbursement for business losses incurred due to the COVID-19 closure of the Simi Valley Cultural Arts Center, authorize an Inter-fund transfer from the General Liability Fund (Fund 803) to the Building Improvement Fund (Fund 655), and approve a Supplemental Budget Request (Swan) (CC) Action Required – Approve request.
Staff Report
(2) Authorization of an Inter-fund transfer from the General Fund to the Simi Valley Cultural Arts Center Fund and approval of a Supplemental Budget Request for acceptance of the City’s COVID-19 Community Recovery Grant Program Funds of $200,000 (Swan) (CC) Action Required – Approve request.
Staff Report
(3) Authorization to purchase three (3) unmarked vehicles, authorize the City Manager to execute related purchasing documents, approve an Inter-fund transfer and approval of Supplemental Budget Request in Funds 280 ($80,562) and 100 ($52,238) (Shorts) (CC) Action Required – Approve request.
Staff Report
(4) Approval of the Monthly Investment Report for the Month Ended December 31, 2022 (Johnson) (CC) Action Required – Approve request.
Staff Report
(5) Award of contract for the construction of Fiscal Year (FY) 2021-22 Annual Crack Seal Program, Specification No. SV 22-38 (Fuchiwaki) (CC) Action Required – Award contract to American Asphalt South, Inc.
Staff Report
(6) Reinstatement and first amendments(s) to contracts for the purchase of one (1) 2022 International Chipper Truck, one (1) 2022 International Truck Chassis for the Landscape Division, one (1) 2022 International Dump Truck, and (1) International Truck Chassis for the Waterworks Division utilizing the Sourcewell Cooperative Agreement (Fuchiwaki) (CC/WWD) Action Required – Approve Supplemental Budget Request and approve contract amendments to Gibbs Int’l Truck Center.
Staff Report
(7) Determination of incongruous vendor and approval of contract to provide Cross-Connection Control Services for Waterworks District connections and authorize the District Manager or designee to renew the contract (Fuchiwaki) (WWD) Action Required – Approve contract with the County of Ventura.
Staff Report
(8) Adoption of a resolution accepting the replacement Subdivision Improvement Agreement and approving updated Securities for Tract No. 5364, located at the south terminus of Sequoia and Talbert Avenues, and Watson and Comet Avenues in Runkle Canyon. (Fuchiwaki) (CC) Action Required - Adopt Resolution No. 2023-04.
Staff Report
(9) Consideration of a resolution implementing the provisions of AB 361 allowing for a remote meeting option (Gabler) (CC) Action Required - Adopt Resolution No. 2023-05.
Staff Report
8. CONTINUED BUSINESS: None
9. NEW BUSINESS: None
10. REPORTS:
10A.
City Council/Board Member/Special District Member Reports This item gives the Mayor/Chair and City Council Members/Directors the opportunity to present reports to the other members on committees, commissions, or special projects on which they may be participating. 10B.
City Council/Board Member/Special District Member Requests for Future City Council Agenda Items This item gives the Mayor/Chair and City Council Members/Directors the opportunity to request items be placed on a future City Council agenda for consideration and/or discussion.
ADJOURNMENT: To the regular meeting on February 13, 2023
CITY COUNCIL MEETING
PUBLIC STATEMENTS PROTOCOLS AND INSTRUCTIONS
* Each speaker has three (3) minutes to address the City Council. When their time commences, the green light on the lectern will light up. When 30 seconds is remaining, the light will turn yellow, and at the conclusion of their time, the light will turn red. When the light turns red, the speaker must conclude their comments and leave the lectern. * If there are a significant number of speakers, at the discretion of the Mayor or Chair of the meeting, the total amount of time for Public Statements may be limited to 45 minutes. Each speaker’s time will be shortened proportionately or as otherwise determined by the Chair for the orderly conduct of the meeting. * Speaker cards may be submitted to the City Clerk only until the beginning of Public Statements (Agenda Item No. 4). * Speaker cards will only be distributed at the City Council meeting. * Once Public Statements (Agenda Item No. 4) begins, the City Clerk will no longer distribute speaker cards and no additional cards will be accepted. * Speakers will be called in the order their cards are received to the extent feasible. * Each speaker may speak one time only during Public Statements (Agenda Item No. 4 or Agenda Item No. 6). If a speaker wishes to address multiple topics they must do so during their three minutes. * Speakers cannot donate or concede any part of their allotted time to another speaker. * Based upon First Amendment rights, speakers may read a statement authored by another person during Public Statements during their three minutes, however, they will not be provided an additional three minutes to make their own personal statements. * Members of the public unable to attend the City Council meeting but wish to make comments are directed to send an email ([email protected]) or written correspondence to the City Clerk’s office with their comments for inclusion in the Clerk’s files of the proceeding. * Members of the public must bring their own electronic equipment, except for a projector, for electronic presentations to the City Council. City equipment, except for a projector, will not be used for presentations by the public. It is incumbent upon the presenter to ensure their electronic equipment is compatible with the City’s projector. * All remarks shall be addressed to the Council, and not to the audience. * In observance of the Brown Act, Council Members must refrain from engaging in dialogue with members of the public during public statements. * At the Mayor, or Chair of the meeting’s discretion, a speaker’s time may be extended.
Use of a Translator
* The City shall provide a translator if one is requested by a member of the public with a 48-hour advance notice. If a 48-hour advance notice is not provided, the member of the public may provide their own translator. * Per California Government Code 54954.3, if an individual utilizes a translator during Public Statements, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. * If the City provides a translator or translation equipment that allows for the simultaneous translation of the testimony, then no additional time shall be granted.
Decorum for Members of the Public:
* There shall be no yelling, or "speaking out of turn," from the audience at either the City Council or speakers at the lectern. * There shall be no clapping or booing of speakers addressing the City Council. * Speakers shall abide by time limits provided for under Public Statements. * Speakers shall leave the lectern when their time to speak has ended and the red light on the lectern has begun blinking or is illuminated. * Failure to abide by speaker time limits may result in removal from the lectern and potentially removal from the meeting if speaking continues. * Although any member of the public has the right to criticize City policies, procedures, programs, services, or actions, remarks shall be limited to the matters related to the subject matter jurisdiction of the City Council/Commission, or Board. * Off-topic, purely personal remarks toward any individual are disruptive and should not be allowed. * Signs are permitted, provided they do not block the view of the meeting of other attendees or otherwise disrupt the meeting. * The Chief of Police or other members of the Police Department shall serve as the Sergeant at Arms and enforce the Rules of Decorum at the request of the Mayor or Chair.
Procedure for Enforcement of the Rules of Decorum:
* The Mayor, or Chair of the meeting, issues a warning to the individual who is violating the rules of decorum and advises them that they are out of order, and to cease the conduct that is disruptive or otherwise is impeding the conduct of the City Council Meeting. * If the person does not cease the conduct immediately or if the conduct is repeated and disrupts the meeting, the Mayor or Chair of the meeting, may order the person to leave the meeting. * If the person does not leave, the Mayor, or Chair of the meeting, asks the Sergeant at Arms to remove them from the meeting. * If the disturbance is caused by a group, and such disturbance renders the orderly conduct of the meeting unfeasible, the Mayor, or Chair of the meeting, may order the room cleared pursuant to Government Code Section 54957.9 and continue in session pursuant to the requirements of that Section. * The Mayor and City Council also may choose to recess or adjourn the City Council meeting. ____________________________________________
Brian P. Gabler
City Manager
/District Manager
Note:
If this is a joint meeting of the City Council and Boards of Directors, Board of Trustees, or Agency Directors, the applicable entity is identified at the end of each agenda item.
CC - City Council
LB - Simi Valley Library Board of Trustees
WWD - Waterworks District No. 8
SA - Successor Agency
PFFA - Simi Valley Public Facilities Financing Authority Materials related to an item on this Agenda submitted to the CC, WWD, LB, SA, PFFA 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.