AGENDA SUMMARY
CITY COUNCIL
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
SIMI VALLEY LIBRARY BOARD OF TRUSTEES
REGULAR MEETING
June 12, 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
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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: 5:30 p.m. (CLOSED SESSION)
ROLL CALL:
a.
PUBLIC STATEMENTS:
Public comments on Closed Session items only.
b.
CLOSED SESSION:
(1) Conference with Legal Counsel – Existing Litigation (CC) Pursuant to Government Code Section 54956.9(d)(1):
Name of Case: Matthew Cartwright v. City of Simi Valley Case No.: 56-2019-00537529-CU-OE-VTA
(2) Conference with Legal Counsel – Anticipated Litigation (CC) Pursuant to Government Code Section 54956.9(d)(2):
(significant exposure to litigation – a written communication received on May 24, 2023, from Christopher A. Fortunati, Esq.) CALL TO ORDER: 6:30 p.m. (OPEN SESSION)
CLOSED SESSION REPORTS:
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 agenda items 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 Certificates of Appreciation to outgoing Community Projects Grant Review Committee members (CC) (2) Presentation of Certificates of Appreciation to Outgoing Youth Council Members (CC) (3) Presentation of Certificates of Appreciation to Outgoing YES Advisory Board members (CC) (4) Presentation of a Proclamation declaring June 19th as Juneteenth (CC) (5) Presentation of a Proclamation declaring the month of June 2023 as LGBTQ+ Pride Month (CC) (6) Presentation of a Proclamation declaring the month of June as Alzheimer’s & Brain Awareness Month (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 Youth Employment Service Advisory Board Members (Swan) (CC) Staff Report
(2) Appointment of Youth Council members (Swan) (CC) Staff Report
(3) Reappointment of Trustees Cavanaugh and Rhodes to serve on the Simi Valley Library Board of Trustees, and Adoption of a Resolution (Swan) (LB) Staff Report
3B.
SPECIAL PRESENTATIONS:
(1) Presentation by Cristy Canieda, CPA Partner with Vasquez & Company LLP regarding the annual audits completed for Fiscal Year 2021-22 (CC) 3C.
INFORMATIONAL REPORTS:
(1) Informational presentation by Youth Council member Rikka Tignac (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 City-initiated Municipal Code Amendment (Z-S-2023-0001), to revise portions of Title 9 of the Simi Valley Municipal Code to allow for Type 4 Mobile Food Facilities (“Food Trucks”) on commercial and industrial properties, a determination that the amendments are exempt from the California Environmental Quality Act; and introduction of an ordinance (Perros) (CC) Staff Report
5B.
A public hearing to consider City-initiated Municipal Code Amendment (Z-S-2023-0002), to amend portions of Title 9 of the Simi Valley Municipal Code to allow cargo containers to be used for residential accessory storage, a determination that the amendments are exempt from the California Environmental Quality Act; and introduction of an ordinance (Perros) (CC) Staff Report
5C.
A Public hearing to consider introducing an ordinance replacing Chapter 12 to Title 6 of the Simi Valley Municipal Code regulating Stormwater Quality Management and repealing Ordinance No. 1195 (Fuchiwaki) (CC)
THIS PUBLIC HEARING IS CONTINUED TO A DATE UNCERTAIN
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) Approval of minutes for the City Council meeting of May 15, 2023 (Blanco) (CC) Action Required – Approve request.
Staff Report
(2) Delegation of authority to the City Manager/District Manager to take certain actions during the City Council/Board of Director’s extended break (Fuchiwaki) (CC/WWD) Action Required – Approve request.
Staff Report
(3) Acceptance of Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021-22 (Johnson) (CC) Action Required – Receive and file.
Staff Report
(4) Award of contract for the construction of FY 2023-24 Major Streets Rehabilitation Program: Los Angeles Avenue (Sycamore Drive to Sequoia Avenue), CP60000018, Specification No. SV 23-04 (Fuchiwaki) (CC) Action Required – Award contract to Toro Enterprises, Inc.
Staff Report
(5) Award of contract for the construction of FY 2023-24 Major Streets Rehabilitation Program: Sycamore Drive (Cochran Street to Racine Street, and Los Angeles Avenue to 200’ N/O Ross Circle) and Cochran Street Westbound (Sycamore Drive to Galena Avenue), CP60000018, Specification No. SV 23-10 (Fuchiwaki) (CC) Action Required – Award contract to Toro Enterprises, Inc.
Staff Report
(6) Approval of second contract amendment for cleaning of storm drain catch basins with and without Connector Pipe Screen (CPS) Units, Specification No. SV 18-22 (Fuchiwaki) (CC) Action Required – Approve amendment.
Staff Report
(7) Approval of third contract amendment to the contract between the City of Simi Valley and Stay Green, Inc. for Landscape District No. 1 Maintenance Services, Contract E, Specification No. SV 20-18 (Fuchiwaki) (CC) Action Required – Approve third amendment with Stay Green.
Staff Report
8. CONTINUED BUSINESS: None
9. NEW BUSINESS:
9A.
Award of Fiscal Year 2023-24 Community Projects Grant Program Funds (Perros) (CC) Staff Report
9B.
Authorization for the City Council to sign a letter in support of a Family Justice Center in East Ventura County (Argabrite) (CC) Staff Report
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 July 17, 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/Executive Officer
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.