01-06-2009 - Request from Councilmember Steve Herfert Requesting City Council Amend Municipal Code Section 26-604 Related to Sale of Christmas Treesi
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TO: Andrew G. Pasmant, City Manager
and the City Council
FROM: Jeff Anderson, Acting City Planner
City of West Covina
Memorandum
AGENDA
ITEM NO. D-5
DATE: January 6, 2009
SUBJECT: REQUEST FROM COUNCILMEMBER STEVE . HERFERT
REQUESTING THE CITY COUNCIL AMEND MUNICIPAL CODE
SECTION 26-604 RELATED TO THE SALE OF CHRISTMAS TREES
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 09-01
2C7C]'-O RELATED TO CHRISTMAS TREE SALES
DISCUSSION:
At the City Council meeting on December 16, 2008 the Council discussed Councilmember Steve
Herfert's request for a potential code amendment to modify Section 26-604 of the West Covina
Municipal Code related to the sale of Christmas trees. Currently the Code allows the sale of
Christmas trees only during the month of December. The purpose of the proposed code
amendment would be to allow Christmas tree sales to begin the Friday after the Thanksgiving
day holiday.
Upon initiation, staff will prepare draft language and present the proposed code amendment to the
Planning Commission. Planning Commission will then make a recommendation and the code
amendment will be presented to the City Council.
FISCAL IMPACT:
None.
Prepared by:
Jeff n rson
Acting City Planner
Attachments:
Attachment 1 — Initiation Resolution
Z:\Case Files\CODE AMEND\2009\09-01 Christmas Tree Sales\Initiation SR.doc
ATTACHMENT 1
C IT Y C O U N C I L
R E S O L U T I O N N O.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.09-
01 RELATED TO CHRISTMAS TREE SALES
WHEREAS, on January 6, 2009, the City Council considered the initiation of a
code amendment related to Christmas tree sales; and
WHEREAS, the studies and investigations made by the City Council in its behalf
reveal the following facts:
1. The Municipal Code currently prohibits the sale Christmas trees except in the
month of December.
2. Due to changed conditions in the business community, many vendors would like
the ability to sell Christmas trees after the Thanksgiving holiday.
3. The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of
the CEQA Guidelines, in that the proposed action consists of a code amendment,
which does not have the potential for causing a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of West
Covina, in conformance with Section 26-153(a)(3) of the West Covina Municipal Code, does
hereby initiate an application for a code amendment related to restrictions on the sale of
Christmas trees.
ZACase Files\CODE AMEND\2009\09-01 Christmas Tree Sales\Initiate Reso.doc
Resolution No
Code Amendment No. 09-01
January 6.2009 - Paae 2
PASSED AND APPROVED on this 61h day of January, 2009.
ATTEST:
City Clerk
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 61h day of January, 2009.
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
Z:\Case Files\CODE AMEND\2009\09-01 Christmas Tree Sales\Initiate Reso.doc