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04-17-2018 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 17, 2018, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tern Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw Councilman Tony Wu MINUTES Mayor Spence called to order the regular closed session meeting of the West Covina City Council at 6:07 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina, California. ROLL CALL Present: Mayor Spence, Mayor Pro Tern Johnson, Councilmember Toma (arrived at 6:09 p.m.), Councilmember Warshaw, Councilman Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, Human Resources Director Edward Macias Tuesday April 17, 2018 PUBLIC COMMENTS ON ITEMS ON THE AGENDA Representatives from Tesla, Jorge and Taylor, spoke during public comments. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: Eastland Shopping Center Parking Lot (APN: 8451-012-907) Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: DDR and Testa Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WM-1 LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code 54956.9(d)(4) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code 54957.6 City Negotiators: Freeland, Macias, Bresciani, Hall Barlow Employee Organizations - Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid-Management Employees - Non-Sworn - W.C. Police Management Association - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT Mayor Spence adjourned the meeting at 7:01 p.m. 2 Tuesday April 17, 2018 Rosalia A. But er, MC Assistant City Clerk 3 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Mike Spence called the meeting to order at 7:10 p.m. INVOCATION — Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE — Led by Councilmember Corey Warshaw ROLL CALL Present: Councilmember Toma, Councilmember Warshaw, Councilman Wu, Mayor Pro Tern Johnson and Mayor Spence Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, City Attorney Kimberly Hall Barlow, Police Captain Richard Bell, Public Works Superintendent Micah Martin, City Manager Intern Genesis Hill, Assistant City Engineer Monica Heredia, Traffic Engineer Lew Gluesing, Planning Director Jeff Anderson, Fire Chief Larry Whithorn, Project Coordinator Gerardo Rojas, Economic Development Specialist Karen Ko, Assistant Fire Chief Brian McDermott, Assistant City Clerk Rosalia Butler Tuesday April 17, 2018 REPORTING OUT FROM CLOSED SESSION City Attorney Hall Barlow indicated that no reportable action was taken by Council. CHANGES TO THE AGENDA City Manager Freeland requested that Item No. 21 be pulled from the agenda and brought back for discussion at a future Council meeting. PRESENTATIONS Proclamation proclaiming April 29th to May 5th, 2018 as National Small Business Week Mayor Spence made an adjournment motion in memory of retired West Covina Police Department K-9 "Rocco" and former First Lady Barbara Bush. ORAL COMMUNICATIONS Brian Jobst spoke on Item No. 8 and asked Council and staff to further explain how the required standards for the Singpoli project are not being met. Don Holtz asked City staff to write a brief summary of what the Senate or Assembly Bills consist of on future agendas to help residents better understand them. Jerri Potras spoke on marijuana cultivation and expressed her disapproval regarding this issue. She also shared her concerns regarding the City's budget and asked the City Council and City staff to create a budget plan to remedy the City's financial problems. Ray Edmondson expressed his approval regarding marijuana cultivation and stated that the potential revenue will benefit the City. Angel Chu spoke on behalf of the Chinese American Association of West Covina and discussed the Culture and Student Exchange Program, in which 50 students will be sent from the Sister City of Beijing Fengtai, China to West Covina and vice versa to educate students on each other's country's customs and traditions. Herb Redholtz spoke on districting and suggested for term limits to be implemented for both present and future Councilmembers. He also discussed Item No. 4 and stated that in order to be more cost effective, Council and City staff should consider allowing residents to establish a volunteer program to brainstorm on new branding and marketing ideas for the City. Milheal O'Leary shared that he is a candidate running for the State Board of Equalization and gave a brief overview on the duties and responsibilities of this office. 2 Tuesday April 17, 2018 Elsie Messman expressed her disapproval regarding Item No. 13 and stated that homeless individuals are unable to pay the proposed fines. She also thanked Mayor Spence for opposing Senate Bill 54 and indicated that sanctuary cities break the law. Jim Grivich spoke on the pension presentation made at the Special Meeting on April 5, 2018 and expressed that the City will not have the available revenue to pay for an increase in pension for employees. In addition, Mr. Grivich also shared that the revenue from commercial marijuana cultivation will not alleviate the hole in the City's budget. Dana Sykes expressed concerns regarding Mayor Spence's leadership at the April 3, 2018 City Council meeting. Frederick Sykes spoke on the immigrant situation in West Covina and shared his concerns regarding Mayor Spence's professionalism, He also stated that Mayor Spence signed an amicus brief opposing SB 54 (California Values Act), which he indicated was not in the best interest of the West Covina residents. Phil Kaufman expressed concerns regarding the April 3, 2018 meeting and thanked the West Covina Police Department for their professionalism during the aforementioned meeting. He also inquired about the toxic substance report on Item No. 8 and shared his safety concerns regarding said report. Amberly Lua spoke on Item No. 13 and expressed concerns regarding the fines for homeless individuals_ Alfred Williams shared his concerns regarding the April 3, 2018 City Council meeting and asked Mayor Spence if he had signed an amicus brief opposing SB 54. Mayor Spence and City Manager Freeland gave responses to speaker inquiries. CONSENT CALENDAR APPROVAL OF MEETING MINUTES (receive & file) April 3, 2018 Regular City Council Closed Session Meeting Minutes April 3, 2018 Regular City Council/Successor Agency Meeting Minutes April 5, 2018 Special Meeting - Pension Update Community Meeting Minutes A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to approve the aforementioned meeting minutes. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 3 Tuesday April 17, 2018 ORDINANCES FOR ADOPTION 2) Code Amendment No. 14-05 Entitlements Processing General Exemption - CEQA It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05 TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Ordinance No. 2338. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 3) March 21, 2018 Traffic Committee Meeting Minutes It is recommended that the City Council receive and file the minutes of the Traffic Committee Meeting held on March 21, 2018. A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to approve the aforementioned meeting minutes. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None COMMUNITY & ECONOMIC DEVELOPMENT 4) Request for Proposals (REP) for a Citywide Branding and Marketing Strategy It is recommended that the City Council reject all proposals and instruct City staff to re- visit a Branding and Marketing Strategy at a future date. A motion was made by Mayor Pro Tem Johnson and seconded by Councilman Wu to reject all proposals and instruct City staff to revisit a Branding and Marketing Strategy at a future date. Motion was carried by a vote of 5-0. 4 Tuesday April 17, 2018 AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 5) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-30 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2018-19, AND PROVIDE NOTICE OF PUBLIC MEETING THEREON TO BE CONDUCTED MAY 1, 2018, AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 5, 2018 A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Resolution No. 2018-30. Motion was carried by a vote of 5-0. AYES: Tom a, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 6) Long Range Property Management Plan (LRPMP) - Disposition of Agency Parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and Related License Agreement (8735-002-018 to the City of West Covina (BKK Site) It is recommended that the City Council, acting as the Successor Agency, adopt the following resolution to sell three Successor Agency assets (APN's: 8735-002-906, 8735- 002-909, 8735-002-910) and transfer an associated license agreement to the City of West Covina: RESOLUTION NO. 2018-32 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE SALE OF THREE (3) AGENCY PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) TO THE CITY OF WEST COVINA A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Resolution No. 2018-32. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None It is recommended that the City Council adopt the following resolution to purchase three 5 Tuesday April 17, 2018 (3) Agency parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) from the Successor Agency to the former West Covina Redevelopment Agency: RESOLUTION NO. 2018-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735- 002-910) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Resolution No. 2018-33. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 7) Exclusive Negotiation Agreement with Starwood Retail Partners LLC for City Owned Parcels Located at the Plaza West Covina Mall (APN No.'s: 8474-003-915, 8474-003-918, 8474-003-940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007- 933, 8474-007-934, 8474-007-935, 8474-007-939, 8474-007-940) It is recommended that the City Council authorize the City Manager to negotiate, and execute, an Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC (Starwood) for the development/purchase of City assets at the Plaza West Covina Mall site. A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to negotiate, and execute, an Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC (Starwood) for the development/purchase of City assets at the Plaza West Covina Mall site. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 8) Update on Exclusive Negotiation Agreement with Singpoli Group LLC for Development of Former BKK Landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018) It is recommended that the City Council receive and file the informational report. Councilmember Toma pulled Item No. 8 for further discussion. City Manager Freeland gave an overview on Item No. 8. After further discussion between the City Council and City staff, a motion was made by 6 Tuesday April 17, 2018 Councilman Wu and seconded by Mayor Pro Tern Johnson to receive and tile the informational report. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None POLICE DEPARTMENT 9) Purchase of Police Computer Storage Array and Maintenance It is recommended that the City Council take the following actions: 1) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase of a three-year maintenance and support agreement from Impex Technologies, totaling $36,712.50, from account 117.31.3119.6272; and 2) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase of a flash storage array from Impex Technologies, totaling $44,604.00 from account 117.31.3119.7160. A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to approve the aforementioned actions. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None PUBLIC WORKS 10) Fiscal Year 2017-18 Budget Amendment (Overhead Safety Lighting at All City Traffic Signal Intersections) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Overhead Safety Lighting at all City Traffic Signal Intersections) A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Resolution No. 2018-29. Motion was carried by a vote of 5-0. 7 Tuesday April 17, 2018 AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 11) Approve Professional Services Agreement with Willdan Engineering for Design of Traffic Signals at Two Intersections It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering in the total amount not-to-exceed $23,098 for professional engineering services for the preparation of plans, specifications, and estimates (PS&E) for traffic signals at the intersections of Cameron Avenue and Barranca Street and Cameron Avenue and Citrus Street; and 2) Establish Project No. T-18040 and T-18041; and 3) Adopt the following resolution: RESOLUTION NO. 2018-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 (Traffic Signal Design Services) A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to approve the aforementioned actions and adopt Resolution No. 2018-31. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 12) Acceptance of Work for Installation of Full Capture Trash Devices in Catch Basins at Various Locations (Project No. 18007) It is recommended that the City Council take the following actions: 1) Accept work for installation of full capture trash devices in catch basin at various locations; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to approve the aforementioned actions. Motion was carried by a vote of 5-0. 8 Tuesday April 17, 2018 AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 13) Adopting a Fine Schedule for Violation of Chapter 19-14 (Unlawful Camping and Storage of Personal Property) of the West Covina Municipal Code It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A FINE SCHEDULE FOR VIOLATION OF CHAPTER 19-14 (UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF THE WEST COVINA MUNICIPAL CODE City Attorney Hall Barlow gave a brief report on Item No. 13 and clarified that no criminal penalties will be incurred if someone were to violate the unlawful camping and storage of personal property rule. She also expressed that the first infraction would result in a verbal warning and every infraction after that would result in a fine. In addition, Ms. Hall Barlow indicated that there is an appeal's process available to any individuals who wish to contest their citation(s). A motion was made by Councilman Wu and seconded by Councilmember Warshaw to adopt Resolution No. 2018-34. Motion was carried by a vote of 3-2 with Mayor Pro Tern Johnson and Mayor Spence in opposition. AYES: Toma, Warshaw, Wu NOES: Johnson, Spence ABSENT: None FIRE DEPARTMENT 14) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization It is recommended that the City Council read by title only, waive further reading, and introduce the following ordinance for first reading: 9 Tuesday April 17, 2018 ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION City Manager Freeland gave a brief report on the Emergency Operations Center protocol and stressed the importance of having an updated emergency plan for the City. A motion was made by Councilmember Warshaw and seconded by Mayor Pro Tern Johnson to read by title only, waive further reading, and introduce Ordinance No. 2339 for first reading. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None MAYOR/COUNCILM EMBERS REPORTS MAYOR MIKE SPENCE 15) Ballot Measure Regarding the Elimination of the Elected City Clerk and Elected City Treasurer Offices It is recommended that the City Council consider whether to pursue a proposed ballot measure or measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and provide direction accordingly. Mayor Spence spoke on Item No. 15 and expressed approval in eliminating both elected positions. Mayor Pro Tern Johnson spoke on the elected positions and stated that the duties of the City Clerk and City Treasurer are allocated to City staff which render these elected positions unnecessary. City Attorney Hall Barlow asked Council if they wanted one measure for both elected City Clerk and City Treasurer positions or if they would prefer individual measures for each elected position. She also stated that the specific measures will be brought back for further Council discussion at a future meeting. Mayor Spence and Council directed City Attorney Hall Barlow to make any conduct reports on elected officials available to the public. A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to pursue proposed ballot measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and directed City Attorney Hall Barlow to draft language 10 Tuesday April 17, 2018 for aforementioned measures. Motion was carried by a vote of 4-1 with Councilmember Toma in opposition. AYES: Warshaw, Wu, Johnson, Spence NOES: Toma ABSENT: None MAYOR PRO TEM LLOYD JOHNSON 16) Code Amendment No. 18-01 Initiation Related to the Regulation of Marijuana Cultivation It is recommended that the City Council provide direction to staff in processing a Code Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow the Planning Commission to consider changes to the Licenses and Business Regulations (Chapter 14) section of the Municipal Code, as well as changes to Zoning (Chapter 26). If the City Council would like to initiate a code amendment, the following resolution should be adopted: RESOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-01 RELATED TO THE REGULATION OF MARIJUANA CULTIVATION Mayor Pro Tem Johnson spoke on moving forward with Item No. 16 and stated that approving marijuana cultivation will benefit the City financially. Councilman Wu expressed concerns regarding marijuana cultivation and stated that moving this item forward will not alleviate the hole in the City's budget. A motion was made by Mayor Pro Tem Johnson and seconded by Councilmember Warshaw to adopt Resolution No. 2018-27. Motion was carried by a vote or 3-2 with Councilrnember Toma and Councilman Wu in opposition. AYES: Warshaw, Johnson, Spence NOES: Tom, Wu ABSENT: None 17) Reconsideration of Approval of October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on Orange Avenue Between Eldred Avenue and Workman Avenue It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Johnson expressed concerns regarding Item No. 17 and stated that the red curb prevents residents from parking in front of their own houses and requested for the 11 Tuesday April 17, 2018 City Council to reconsider the approval. A motion was made by Mayor Pro Tern Johnson and seconded by Mayor Spence to reconsider the approval of October 18, 2017 Committee Minutes Relating to the Installation of Red Curb on Orange Avenue between Eldred and Workman Avenue. Motion failed to be approved with a vote of 2-3 with Councilmember Toma, Councilmember Warshaw, and Councilman Wu in opposition. AYES: Johnson, Spence NOES: To ma, Warshaw, Wu ABSENT: None MAYOR MIKE SPENCE 18) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting SB 1031 (Moorlach) It is recommended that the City Council discuss whether or not take a formal position supporting Senate Bill (SB) 1031 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Mayor Spence spoke in support of SB 1031 and provided a brief overview of bill. Councilmember Toma abstained from vote due to the lack of information regarding SB 1031. A motion was made by Mayor Spence and seconded by Councilmember Warshaw to take a formal position in support of SB 1031(Cost of Living Adjustments Freeze) and direct staff to send a letter to the authors, as well as our local legislators. Motion was carried by a vote of 4-0-1 with an abstention from Councilmember Toma. AYES: Johnson, Spence, Warshaw, Wu NOES: None ABSENT: None ABSTAIN: Toma 19) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 1065 (Jones-Sawyer) It is recommended that the City Council discuss whether or not take a formal position supporting Assembly Bill (AB) 1065 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Mayor Spence shared his support regarding AB 1065 and gave a brief overview on item. Councilmember Toma inquired why the League of California Cities has a watch position 12 Tuesday April 17, 2018 regarding their stance on AB 1065. City Attorney Hall Barlow explained that a watch position on a bill means that there was no consensus present between board members and an analysis explaining the position the League of California Cities takes is not always listed in their report. A motion was made by Mayor Spence and seconded by Councilmember Warshaw to take a formal position supporting AB 1065 (Organized Retail Crime) and direct staff to send a letter to the authors, as well as our local legislators. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 20) Request from Mayor Spence for City Council to Discuss Tasking a Formal Position Opposing AB 1912 (Rodriguez) It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 1912 and direct staff to send a letter to the authors, as well as our local legislators, if formal position is taken. Mayor Spence stated that AB 1912 is vital to the City and expressed his disapproval regarding the aforementioned Assembly Bill. A motion was made by Mayor Spence and seconded by Councilmember Warshaw to take a formal position opposing AB 1912 (Public Employees Retirement: Joint Powers Agreement: Liability) and direct staff to send a letter to the authors, as well as our local legislators. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 2156 (Chen) It recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 2156 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Item No. 21 was 'pulled by City Manager Freeland for further discussion at a future meeting. 13 Tuesday April 17, 2018 COUNCILMEMBER JAMES TOMA 22) Request from Councilmember Toma for City Council to Discuss Directing Staff to Draft an Ordinance Regarding the Disclosure of Independent Expenditures It is recommended that the City Council discuss whether or not to direct staff to draft an ordinance regarding the disclosure of independent expenditures. Councilmember Toma spoke on Item No. 22 and expressed concerns regarding the lack of transparency on independent expenditures for electoral candidates. Fle also shared that this increase will benefit the residents by allowing them to be more informed on what the candidate is spending their finances on and if those expenditures include third party mailers that attack their rival candidates. Mayor Spence shared his opposition for this item and stated that there are issues in monitoring independent expenditures which could result in confusion for residents and fraud. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to direct staff to draft an ordinance regarding the disclosure of independent expenditures. Motion was carried by a vote of 4-1 with Mayor Spence in opposition. AYES: Toma, Warshaw, Wu, Johnson NOES: Spence ABSENT: None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) None CITY COUNCIL COMMENTS Councilmember Warshaw stated that Foothill Transit has funds available for the renovation of existing bus stops. Mayor Spence shared that all Councilmembers attended the Public Safety Luncheon. Councilmember Warshaw asked City staff to write a report detailing the possibility of allowing nearby car dealerships, not a part of the Plaza, to advertise their sales on the Auto Plaza sign. Mayor Spence requested to agendize item on term limit proposals for Councilmembers. 14 Assistant city.Clerk . Tuesday April 17, 2018 ADJOURNMENT Mayor Spence adjourned the meeting at 9:10 p.m. 15