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Tuesday, January 06, 2009
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, January 6, 2009
Time: 5:45 p.m.
Place: City Manager's Conference Room

AGENDA

Agenda material is available for review before the meeting at the City Clerk?s Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8:00 a.m. to 5:00 p.m. Monday through Friday at least 48 hours prior to the meeting. For sign language interpreter services at Council meetings, please call at least four working days prior to the meeting.

ROLL CALL

Mayor Hernandez, Mayor Pro Tem Sanderson
Councilmembers Herfert, Lane, Touhey

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)
Two Cases

ADJOURNMENT

Motion by ______ 2nd by ______

to adjourn the meeting at _____ pm.



REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, January 6, 2009
Time: 7:00 p.m.
Place: Council Chambers

AGENDA

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 Tem 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

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.

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
smin 08-19-08.doc

Regular Meeting of August 19, 2008
min 08-19-08.doc

2) Commission Summary of Actions (receive & file)

a) Human Resources 11/12/08
D-2a.doc

3) Ordinance for Adoption

a) 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.
D-3.doc
D-3 Attach1.doc

Attachment #2 is available for review in the City Clerk's Office.

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
D-4 Fin Rpt.doc
D-4 Treas Stmt.xls
D-4 Mthly Detail.xls
CDC Treas Rpt.doc
CDC Treas Stmt.xls

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:
D-5.doc
D-5 Attach1.doc

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

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.
CDC Agenda

G) DEPARTMENTAL MATTERS

No reports for this meeting.

H) MAYOR'S/COUNCILMEMBERS REPORTS

No reports for this meeting.

AB 1234 Conference and Meeting Report
(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.
I-1.doc

Motion by _________ second by __________

to _____________________________________

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.
I-2.doc

Motion by _________ second 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.
I-3.doc

Motion by _________ second by __________

to _____________________________________

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.

Tentative City Council Meetings

Tuesday 1/20/09 7:00 pm Regular Meeting
Tuesday 2/3/09 7:00 pm Regular Meeting