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01-06-2009 - Regularu Tuesday January 6, 2009 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pm Council Chambers Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue, West Covina and at www.westcovina.org The City complies with the Americans With Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. Any writings or documents, not exempt from public disclosure, provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, Room 317 of City Hall located at 1444 W. Garvey Avenue, West Covina, during normal business hours. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Mayor Hernandez ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Blue Star Banner presentation * Petty Officer Albert Echeverria, United States Coast Guard Check Presentation * West Covina American Legion Post 790 ANNOUNCEMENTS I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF oll ob 161 WAS POSTED IN AGC DANCE WITH THE 01187 BROWN ACT AMENDMENT DATE -1-3 l - 08 OF F IFIE CITY CLERK City Council Agenda for January 6, 2009 RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. (a) Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. (b) The city council may establish a limit on the duration of oral communications. (c) All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. (d) The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum --Required. (a) While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and. imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to. in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council/Community Development Commission on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk/Secretary. Please identify on the speaker card whether you are speaking on an agenda item or non - agenda. Requests to speak on agenda items will be heard prior to requests to speak on non - agenda items. All comments are limited to five (5) minutes per speaker. Oral Communications shall be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. 01 /06/09 2 Agenda material is available at www. westcovina.org City Council Agenda for January 6, 2009 A) ORAL COMMUNICATIONS — Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. B) UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS No reports for this meeting. D) CONSENT CALENDAR 1) City Council Meeting Minutes (receive & file) • Special Meeting of August 19, 2008 • Regular Meeting of August 19, 2008 2) Commission Summary of Actions (receive & file) a) Human Resources ................................................... 11/12/08 3) Ordinance for Adoption Ordinance Approving Zone Change No. 07-03 This ordinance was introduced at the City Council meeting of December 16, 2008. This ordinance will create a zone change in the project location at 4101- 4111 S. Nogales Street for the construction of a 33-unit condominium project and a 5,160 square foot two story commercial building. This ordinance will become effective on February 5, 2009, thirty days after its adoption. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 07-03 4) City Treasurer's Report (receive & file) Report for the Month of November 2008 01 /06/09 3 Agenda material is available at www.westcovina.org • • City Council Agenda for January 6, 2009 D) CONSENT CALENDAR (continued) 5) Councilmember Reports Councilmember Steve Herfert Request from Councilmember Steve Herfert Requesting the City Council Amend Municipal Code Section 26-604 Related to the Sale of Christmas Trees It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 09-01 RELATED TO CHRISTMAS TREE SALES ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5: Motion by second by to waive further reading of the resolutions/ordinances and adopt and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR 01 /06/09 4 Agenda material is available at www. westcovina.org City Council Agenda for January 6, 2009 E) PUBLIC HEARINGS No hearings. F) COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to convene the CDC. Reconvene the City Council meeting at p.m. G) DEPARTMENTAL MATTERS No reports for this meeting. H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. AB 1234 Conference and Meeting Report (verbal reports) (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) I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (Per City of West Covina Standing Rules 4.f — Requests by Councilmembers for reports, studies, or investigations that are not readily available must be placed on the City Council agenda as items of business and must be approved by a majority of the City Council.) 1) Mayor Roger Hernandez Request from Mayor Roger Hernandez Requesting the City Council to Consider Developing a Citizen Budget Taskforce It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 01 /06/09 5 Agenda material is available at www.westcovina.org City Council Agenda for January 6, 2009 I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (continued) 2) Mayor Roger Hernandez Request from Mayor Roger Hernandez Requesting the City Council Consider Airing City Council Meetings Using Anticipated Donations from the Community It is recommended that the City Council direct staff accordingly. Motion by 2nd by to 3) Councilmember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council Consider a Ballot Measure on City Council Districting It is recommended that the City Council direct staff accordingly. Motion by to J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 01 /06/09 2„dby 2nd by to adjourn the meeting at Tentative City Council Meetings January 20 7:00 p.m. Council Chambers Regular Meeting February 3 7:00 p.m. Council Chambers Regular Meeting 6 Agenda material is available at www westcovina.org p.m.