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01-20-2009 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 20, 2009 Mayor Hernandez called to order the regular meeting of the West Covina City Council at 7:03 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Reverend Alexandra Conrads St. Martha's Episcopal Church PLEDGE OF ALLEGIANCE Mayor Pro Tem Sanderson ROLL CALL Mayor Hernandez, Mayor Pro Tem Sanderson, Councilmember Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION City Attorney Arnold Alvarez-Glasman reported the following: All members were present except Mayor Hernandez. Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion, the anticipated litigation being the Chung and Williams cases. Items on the City Agenda: Conference with Legal Counsel — Anticipated Litigation — Two cases — No action taken and nothing further to report. CHANGES TO THE AGENDA None. PRESENTATIONS ANNOUNCEMENTS ORAL COMMUNICATIONS Check presentation by West Covina American Legion Post 790 removed from the agenda. Mayor Hernandez called forward Principal Astrid Ramirez, Oswalt Academy in Walnut, to receive a certificate of recognition for their Apple 1 to 1 Learning Program. Principal Ramirez gave a brief overview of the program. None. Herb Redholtz Herb Redholtz, West Covina resident, addressed the Mayor's request to call a special election as premature due to the fact that the governor has not yet called a special election and the initiative petition circulating has not yet been submitted to the City Clerk. Cookie Nance Cookie Nance, West Covina resident, addressed decorum at previous meetings. Linda Mooney Linda Mooney, West Covina resident, addressed council districts, petitions, and associated costs. Spoke in opposition to council districts and inquired as to how to remove her name from the petition which she felt she had signed under false pretense, inquired on how to get permit parking on her street. Mayor Hernandez responded to question regarding election costs. City Council Minutes of January 20, 2009 Birdie Azpetia Birdie Azpetia, West Covina resident, suggested a town hall meeting to educate the public on district petition, and inquired as to whether signature on petition can be withdrawn. Spoke in opposition to districts. Mark Smith Mark Smith, Glendora resident, addressed the recent celebration of Martin Luthern King Jr. and the election of Barak Obama as President of the United States. Shirley Buchanan Shirley Buchanan, West Covina resident, agreed with speaker who suggested a town meeting regarding council districts; addressed Public Arts Commission and responsibilities of commissioners; and shared issues she is having with Charter Communications. Royall Brown Royall Brown, West Covina resident, stated the Library has a Collection Code Book if any one wants to learn how elections are conducted; addressed park districts as being unequal and several areas of the City that are unequal; and questions the manner in which the senior center donations are being handled. Verna Lewis Verna Lewis, West Covina resident, discussed The Cultural Exchange Program, which is an organization of volunteers in the East San Gabriel Valley, and an event which will be taking place on February 15, 2009 in La Puente. Fred Sykes Fred Sykes, West Covina resident, addressed the council district petition being circulated in the community. Alfred Williams Alfred Williams, West Covina resident, addressed use of PEG funds and how they have been used; council district petition; and commented on statements made by Councilmember Herfert at the last meeting and the inability of speakers to rebut council comments. Bruce Leinbach Bruce Leinbach, West Covina resident, shared reminiscent memories of past Rose Bowl football games involving his home state of Iowa; addressed a previous treasurer report questioning certain funds; spoke on costs for cable TV and the benefits of returning cable TV and the viewing of council meetings. Councilmember Touhey addressed several comments made by speakers, which included Cable TV and broadcasting of meetings, Shadow Oak Park, Council district petition. Mayor Pro Tem Sanderson addressed rules of decorum and conduct at previous meetings; comments made earlier regarding park dedication funds. Community Services Director Michele McNeill clarified comments made by Mr. Brown regarding donations made at the Senior Center. Mayor Hernandez stated that regardless of where any person lives, they are welcome to attend our meetings and addressed several comments regarding comments by speakers. ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS Request from Mayor Roger Hernandez Requesting the City Council Consider Airing City Council Meetings Using C-1 Anticipated Donations from the Community Airing Council Meetings Mayor Hernandez stated he had been communicating with the owner of Reynolds Buick who has offered to pay for labor costs and associated costs with the airing of City Council meetings only. Mayor Hernandez stated Mr. Reynolds will be providing a letter 2 City Council Minutes of January 20, 2009 and requested the City Council move forward and entertain the prospect of Mr. Reynolds generous offer. Councilmember Herfert recommends that the Council not take any action until the City is in receipt of Mr. Reynolds' letter. Motion Motion by Herfert and second by Sanderson to carry this item over. Motion carried by 5 — 0. CONSENT CALENDAR D-1 City Council Meeting Minutes (receive & file) Council Minutes •. Special Meeting of September 2, 2008 • Regular Meeting of September 2, 2008 • Special Meeting of September 16, 2008 • Regular Meeting of September 16, 2008 • Special Meeting of September 29, 2008 • Special Meeting of October 7, 2008 • Regular Meeting of October 7, 2008 D-2 Commission Summary of Actions (receive & file) Summary of Actions a) Community Services 10/14/08 b) Senior Citizens 10/23/08 D-3 Claims Against the City of West Covina Claims Government Tort Claim Denials (deny & notify claimant Recommendation is that the following Government Tort Claims be denied and the claimants and/or respective attorneys be so notified. • Ismael Morales vs. City of West Covina • Miguel Munoz vs. City of West Covina • Maureen E. Bowen vs. City of West Covina • Monica Villalvazo & Jose Felix vs. City of West Covina D-4 Traffic Committee Minutes of December 16, 2008 (accept & file) Traffic Committee Recommendation is that the City Council accept and file the Traffic Committee Minutes of December 16, 2008 and introduce the ordinance as presented. a. Accept and file the Traffic Committee Meeting minutes of December 16, 2008. I. City Initiated Request That speed limit for Montezuma Way from Sandy Hill Drive to Citrus Street be deleted from the Municipal Code and Revert to 25 miles per hour. Traffic Committee Recommendation: That the Speed Limit for Montezuma Way from Sandy Hill Drive to Citrus Street be deleted from the Municipal Code and Revert to 25 miles per hour. That Montezuma Way from Vine Avenue to Citrus Street be posted at 25 miles per hour with "Radar Enforced" Plate. That "Curve Warning" and "Watch Downhill Speed" signs be installed. That centerline in the curve area of the street be striped and delineated with raised pavement markers. 3 City Council Minutes of January 20, 2009 That Police Department begin enforcement of the Prima Facie 25 miles per hour. II. Request by Cheryl Lesikar, California School Principal That the crossing guard assigned to the intersection of California Avenue and Bainbridge Avenue be relocated to Bainbridge Avenue and Belmont Avenue. Traffic Committee Recommendation: That the adult crossing guard at the intersection of California Avenue and Bainbridge Avenue be relocated to the intersection of Bainbridge Avenue and Belmont Avenue III1, City Initiated Request That the existing "No Stopping" parking restriction be relocated from the northerly side of Alwood Street between Willow Avenue to 180 feet easterly to the easterly side of Willow Avenue between Alwood Street to 130 feet northerly. Traffic Committee Recommendation: That the existing "No Stopping" parking restriction be relocated from the northerly side of Alwood Street between Willow Avenue to 180 feet easterly to the easterly side of Willow Avenue between Alwood Street to 130 feet northerly. b. Introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS Miscellaneous — Police Department D-5 Destruction of Documents as Prescribed by Law Destruction of Documents Recommendation is that the City Council adopt the following resolution authorizing the destruction of specific records: Reso No. 2009-2 RESOLUTION NO. 2009-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to waive further reading of the ordinance and resolution and introduce/adopt and approve all items. Motion carried by the following roll call vote of the Council: AYES: Herfert, Lane, Sanderson, Touhey, Hernandez NOES: None MAYOR'S/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal reports) Councilmember Michael Touhey Conference Report Councilmember Touhey presented a brief verbal report regarding his attendance at the Independent Cities Association, California Contract Cities Association Legislative Action Days. Councilmember Herfert provided a brief verbal report regarding his attendance at the International Council of Shopping Centers Western Regional conference. C! City Council Minutes of January 20, 2009 COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS Mayor Roger Hernandez Request from Mayor Roger Hernandez Requesting the City Council Consider Calling a Special Election in Anticipation of Receiving a Petition to Form City Council Districts that will Coincide with the Expected 32nd Congressional District Special I-1 Election Call for Special Election Mayor Hernandez stated his objective in calling for a special election now in order to piggyback the initiative measure with the expected election that will be scheduled to fill the 32nd Congressional seat. Mayor Hernandez stated that it would be a cost saving measure to consolidate with the expected upcoming election rather than conduct a separate stand alone election. Following discussion the City Attorney Alvarez-Glasman responded to several questions regarding the initiative petition process, whether an election can be called for a petition which is still being circulated, and provisions of the Elections Code. Following further discussion, Councilmember Herfert stated any action calling for a special election is premature and offered the following motion. Motion Motion by Herfert and seconded by Sanderson to receive and file this report. Mayor Hernandez inquired into the city council's ability to put an item before the electorate without the ballot measure being submitted through the petition process. The City Attorney responded that yes, the city council can call an election for an item brought forth by council, however tonight's agenda item requests calling a special election in anticipation of receiving a petition, not on the council's own accord. Alternative Motion Alternative motion by Hernandez to direct staff to bring back further information. Motion failed due to lack of second. Action Vote on original motion taken. Motion carried to receive and file 4-1 (Hernandez —No) COUNCILMEMBER COMMENTS Councilmember Lane commented on the lack of professional decorum at the last meeting and expressed her reasons for departing the meeting early. Councilmember Herfert announced award for Big League Dreams that is highlighted in a national magazine; expressed his frustration with the petition efforts since he has always supported the city as a whole. Councilmember Touhey also expressed concerns with the proposed council districts. Mayor Hernandez addressed council districts; requested a town hall meeting to present the city's budget and investments to residents. C � J City Council Minutes of January 20, 2009 ADJOURNMENT Motion by Touhey and second by Herfert to adjourn the meeting at 8:59 p.m. in memory of the following: l . Former West Covina Fire Battalion Chief Steve Womack 2. Victims of the December 24th massacre in Covina o Sylvia Pardo o Alicia Ortega o Joseph Ortega o Charles Ortega o Cheri Ortega o James Ortega o Teresa Ortega o Alicia Ortiz o Michael Ortiz 3. West Covina resident Joe Lopez Submitted by: Assistant Cit Jerk Susan Rush Ma"rHem�ndez 6