05-17-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
WEST COVINA CITY COUNCIL
May 17, 1994
The regular meeting of the City Council of the City of West Covina was
called to order by Mayor McFadden at 7:40 pm in the City Hall Council
Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given
by Rev. Doug Wilson of Bethany Baptist Church and the Pledge of Allegiance
was led by Councilmember Manners.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Councilmembers
Manners, Touhey, Wong
Others Present: Starbird, Wylie, Collier, Holler, Thomas, Hanna,
Clark, Johnson, Distelrath, Salazar, Evans, Goetz,
Ure, Bommarito, Samaniego, Cleary, Keating, Greene,
Koniarsky, Leonard, Glover, Dunlap, Berry
APPROVAL OF MINIITES Councilmember Manners offered a minor correction to
the Minutes of April 30 and May 2, and language
change to the Minutes of May 3. Motion by Manners,
seconded by Wong, and unanimously carried to approve
the following Minutes incorporating the changes:
Special meetings of April 30 and May.2, 1994
Special meeting of May 3, 1994
Regular meeting of May,3, 1994
Mayor McFadden welcomed the students from West Covina
High School's Government Class.
PROCLAMATIONS Mayor McFadden proclaimed May.15 - 22, 1994, as
NATIONAL TRANSPORTATION WEEK.
Mayor McFadden proclaimed May 15 -21 as EMERGENCY
MEDICAL SERVICES WEEK. He noted that the procla-
mation had been presented earlier in the day by
Councilmember Manners at a Queen of the Valley
Hospital function. Councilmember Manners announced
that West Covina Fire Department Paramedic Bob
Culhane received the Paramedic of the Year award by
Queen of the Valley. She suggested that Council
present Paramedic Culhane with a resolution of
commendation at the next Council meeting.
HEARING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
PRECISE PLAN NO. 794, REVISION 4, UNCLASSIFIED USE
PERMIT NO. 457, VARIANCE NO. 993, AND TO CERTIFY THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (Zelman
Retail Partners)
Councilmember Wong stated that due to conflict of
interest laws, he would abstain from discussing and
voting on this issue.
• Staff presentation City Clerk Berry stated that proper legal notice had
been given regarding the appeal hearing. Mayor
McFadden stated that the hearing was continued from
April 19 to this evening. The staff report was
presented by Planning Director Collier. Mr. Collier
responded to the appeal points and presented slides
and display boards of the proposed project.
Public -Testimony Mayor McFadden opened the public testimony portion of
the hearing and asked for comments favoring the
City Council Minutes 5/17/94
project. The following persons addressed Council:
In Favor Ben Reiling of Zelman Retail Partners
Lollie Bergman, 426 S. Leaf Avenue
Iris Delameter, 1212 W. Eckerman Street
Royal Brown, 2153 Aroma Drive
• In Opposition Mayor McFadden asked for comments in opposition and
the following person addressed Council:
Lucas Purcell, 903 W. Herald Street
In Rebuttal Mayor McFadden asked for rebuttal statements and no
comment were offered. He then closed the public
Testimony Closed testimony portion of the hearing.
Council Comments Councilmember Manners stated she was in favor of the
project and appreciated the comments made by the
citizens.
Councilmember Touhey expressed concern about the
impact of one of the proposed majors on two existing
stores in the City. However, he favored moving
forward with the project.
Mayor Pro Tem Herfert spoke favorably of Linens &
Things (one of the proposed majors) and the addition
of the cappuccino bar. Both will add to the City.
City Clerk Berry presented:
Resolution 9090 -
RESOLUTION NO. 9090 -'A RESOLUTION OF THE'CITY
certifying the
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Neg. Dec.
AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO
CERTIFY THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR PRECISE PLAN NO. 794, REVISION 4, AND
CONDITIONAL USE PERMIT NO. 457, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED
Resolution 9091 -
RESOLUTION NO. 9091 - A RESOLUTION OF THE CITY
PP #794, Rev. 4
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO
APPROVE PRECISE PLAN NO. 794, REVISION 4 (Zelman
Retail Partners)
Resolution 9092 -
RESOLUTION NO. 9092 - A RESOLUTION OF THE CITY
CUP #457
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO
APPROVE CONDITIONAL USE PERMIT NO. 457 (Zelman Retail
Partners)
Resolution 9093 -
RESOLUTION NO. 9093 - A RESOLUTION OF THE CITY
Variance #993
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO
APPROVE VARIANCE NO. 993 (Zelman Retail Partners)
Motion by Manners, seconded by Herfert to waive
further reading of the resolutions and adopt. Motion
carried with Wong abstaining.
Mayor McFadden called to order the Redevelopment
•
Agency at 9:05 pm to conduct the following joint
public hearing with the City Council.
HEARING CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
WEST COVINA REDEVELOPMENT AGENCY AND ZELMAN
DEVELOPMENT COMPANY
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City Council Minutes 5/17/94
Mayor McFadden stated that the joint public hearing
had been opened April 5, 1994 and continued until
this evening. The City Manager stated that the
record contained the following documents:
1) Disposition and Development Agreement
• between the West Covina Redevelopment Agency and
Zelman Development Co.; and
2) Summary Report as required by Section 33433
of the Redevelopment Law.
The staff report was presented by Project
Manager Johnson.
Public_Testimony
Mayor McFadden opened the public testimony portion of
the hearing. City Clerk Berry stated that no written
communications had been received in favor of the
project. The Mayor then asked for verbal comments in
support and the following addressed Council:
In Favor:
Ben Reiling, the developer
Lollie Bergman, 426 S. Leaf Avenue
In Opposition:
City Clerk Berry stated that two letter had been
received in opposition:
1) Letter received March 22, 1994 from Andrew
C. Schutz of Jackson, DeMarco & Penkenpaugh (law firm
representing West Covina Lakes Associates).
2) Letter received April 25, 1994 from David
Blitz, the Regional Vice President and Manager of
Imperial Bank.
Both letters opposed approval "of the Zelman
project by the Agency and the City as being extremely
unfair and harmful to Watt's interests and the
interests of its lender.
Mayor McFadden asked for verbal opposition and
no one addressed Council.
Testimony Closed
Mayor McFadden closed the public testimony
portion of the hearing and Assistant Executive
Director of the Redevelopment Agency, Steve Wylie,
responded to questions regarding the purchase price
of the property and buy down costs.
Council Comments Councilmember Touhey felt the Redevelopment Agency
would have to address the $652,000 shortfall sometime
in the future. Mayor Pro Tem Herfert stated that the
project is part of the City's Long Range Financial
Plan and fits in well at the proposed location.
Mayor McFadden stated that the proposed revenue is
$400,000 annually and felt the project was good for
the City.
Council Action
City Clerk Berry presented:
Resolution 9094 -
RESOLUTION NO. 9094 - A RESOLUTION OF THE CITY
consenting to
COUNCIL OF THE CITY OF WEST CONSENTING TO THE APPROVAL
DDA approval
BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA OF THE DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY AND ZELMAN
DEVELOPMENT CO. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Herfert, seconded by Manners to waive
further reading of the resolution and adopt. Motion
carried with Wong abstaining.
•
RDA Action
Secretary Berry presented:
Resolution 463 -
RESOLUTION NO. 463 - A RESOLUTION OF THE REDE-
approving DDA
VELOPMENT AGENCY OF THE CITY OF WEST COVINA APPROVING
AND AUTHORIZING THE EXECUTION OF THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOP-
MENT AGENCY AND ZELMAN DEVELOPMENT CO. AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
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City Council Minutes 5/17/94
Motion by Herfert, seconded by Touhey to waive
further reading of the resolution and adopt. Motion
carried with Wong abstaining (4-0-0-1).
RDA Recessed Mayor McFadden recessed the Redevelopment Agency at
9:40 pm to continue the City Council Agenda. Mayor
McFadden commenced a short recess. The City Council
reconvened at 9:50 pm with all members present.
AGENDA AND ORAL COMMUNICATIONS
Mike Jones Mike Jones, 1428 Sandia Avenue, addressed Item C-5a
(Landscape maintenance contract re citywide parks).
He noted that complaints had been made regarding some
of the parks and hoped that they had been received by
the Maintenance Director. Maintenance Director
Glover acknowledged that the complaints had in fact
been received and are being addressed.
Herman Weskamp Herman Weskamp, General Manager of Valencia Heights
Water Company, addressed C-6c (NPDES regulations re
water runoff). He felt if the City complied, it
would be adopting police state tactics.
Nancy Adin Nancy Adin, 2633 Maureen Street, addressed Item N-2
(Commissioner Selection Process). She favored review
of all commissioners and related her own personal
experience when she had been a commissioner on the
Transition Waste Management Commission.
Suzanne Dunn
Suzanne Dunn, 504 S. Lark Ellen, addressed Item N-2.
She felt that terminating commissioners for reasons
other than not performing their duties well would
reflect poorly of Council.
David Duncan
David Duncan, Acting Chairman of the Senior Citizens
Commission, .addressed H-1 (Bingo Games at the Sr.
Citizens Center). He encouraged Council's support.
Katherine Castucci
Katherine Castucci, 430 S. Pima Ave., opposed the
concept of reviewing all commissioners (N-2) in that
community volunteers will not apply once the
positions become political appointments. She
suggested annual evaluations of the Commissioners to
aid in determining poor performance.
Jean Arneson
Jean Arneson, 1116 Donna Beth, supported the review
of all commissioners (N-2) and named individual
commissioners she felt should be removed. She
suggested Council request resignations.
Roberta Azpeitia
Roberta Azpeitia, 1745 Woodgate Drive, favored the
idea of interviewing all commissioners (N-2).
Mark Kay
Mark Kay, Waste Management/Environmental Quality
Commissioner addressed N-2. He stated there is real
value in maintaining continuity on the commissions.
•
With staggered terms, new appointees learn from the
seasoned members of the Commission.
Frank Barbagallo
Frank Barbagallo, 1023 Hooper Drive, favored review
of all commissioners (N-2) and didn't believe it
would cause an upheaval.
Richard Lewis Richard Lewis, 1112 W. Cameron, expressed concern
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City Council Minutes 5/17/94
that commission appointments will become a political
issue (N-2). As both a former Councilmember and
Commissioner, he has been on both sides of the issue.
He noted the dedication,. work, and volunteerism by
exhibited by commissioners. He suggested that
Council may want to reinstate the Council liaison
0 positions to each of the commissions as a way to
learn more about the commissioners themselves.
Louis Slattery Louis Slattery, 1507 Idahome Street, requested support
for bingo games at the Senior Citizens Center (H-1)
as one method for helping with the center's finances.
Mary Newlin Mary Newlin, 1125 S. Van Horn Avenue, addressed H-1,
requesting Council support. She also spoke favorably
of "smokeless bingo."
Thelma Schaefer Thelma Schaefer, 904 E. Alwood Street, as a member of
the Senior Citizens Association, spoke favorably of
the proposed bingo games (H-1).
Mary Duncan Mary Duncan, 1708 E. Charlinda, also spoke favorably
of the proposed bingo games (H-1).
Paul Hammerstrom Paul Hammerstrom, 1519 E. Newcrest Drive, (N-2),
suggested that commissioners should be sponsored by
Councilmembers. He also felt that commissioners
should resign from their post if they want to run for
a Council seat.
Janice Bonneville
Janice Bonneville, 1521 Fairway Knolls, agreed with
earlier comments made in support of reviewing all
commissioners (N-2) . She commended Mayor McFadden
for his open door policy.
Lollie Bergman
Lollie Bergman, 426 S. Leaf Avenue, commented on F-1
(Landscape equipment) and H-1 (bingo games). From
her experience with the West Covina High School bingo
games, she said that bingo can be successfully
financially run by volunteers. In relation to N=2,
she stated that the Council is a non -partisan body
and what is being proposed by Mayor McFadden is a
"spoils system."
Robert Parry
Robert Parry, 1149 E. Merced Avenue, encouraged
Council to be more specific with the process for
reviewing commissioners.
Eugene Moore
Eugene Moore, 2025 Delores Street, thanked Council
and staff for having the tree on his front yard
removed.
E.T. Snell E.T. Snell, Irwindale resident, complained that WCCT
would not permit his show "Clown On The Town" from
airing on Channel 56.
Staff Response City Engineer Thomas responded to Mr. Weskamp's
comments regarding regulations being imposed by the
National Pollution Discharge Elimination System
Program.
CONSENT CALENDAR Written Communications (none received)
Commission Summary of Actions (receive & file)
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City Council Minutes 5/17/94
Planning Commission 5/10/94
Claims for Action (deny & notify claimant)
On April 7, 1994, the City Clerk's Office received
from K. Yamamoto & Company c/o Minimax properties,
Inc., a claim for indemnification regarding a law
suit filed against them by Satellite Management
Company, Inc.
L
On March 27, 1994, the City Clerk's Office received
from Dan Lanigan a claim for personal injuries
amounting to $1,000,000.00.
City Treasurer's Report (receive & file)
Report for the month of March, 1994.
Award of Bids
a) Landscape Maintenance Contract - CP 94-7 -
Citywide Park Properties
CP 94-7 - Recommendation is to accept the bid of Azteca
Azteca Landscape Landscape, Pomona, for a five-year contract in
the amount of $527,622.60 ($105,524.2 annually)
and authorize the Mayor and City Clerk to
execute the contract. Areas to be maintained:
Woodgate, Shadow Oak, Gingrich, Friendship, and
north of Valley Blvd. at Morganfield Avenue.
b) GP 94304 - New Floor Coverings -
Senior Citizens Center at Cortez Park
GP 94304 - Recommendation is to accept the bid of Westland
Westland Floor Floor Covering, Covina, in the amount of $14,900
and authorize the Mayor and City Clerk to
execute the contract.
MISCELLANEOUS - ENGINEERING DEPARTMENT
a)
Property Tax Sharing Request -
County Sanitation District No. 22 (adopt reso)
Resolution 9095 -
RESOLUTION NO. 9095 - A RESOLUTION OF THE
South Hills Country
CITY COUNCIL OF THE CITY OF WEST COVINA,
Club (back nine)
CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES, THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS
ANGELES, AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA APPROVING AND ACCEPTING NEGOTIATED
EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM
ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22,
BEING ANNEXATION NO. 326
• b)
TP 93105 - Installation of Bus Shelters -
Transfer of Funds
Recommendation is to take the following actions:
TP 93105 -
* Transfer $3,500 from Bus Shelter Main-
G.M. Signs, Inc.
tenance account to TP 93105; and
* Accept the bid of G.M. Signs, Inc.
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City Council Minutes 5/17/94
to install nine bus shelters and authorize the
City Engineer to execute a Change Order with
said G.M. Signs, Inc. of Burbank.
c) National Pollution Discharge Elimination System
(NPDES) - Legal Authority for Regulation of
Storm Water Runoff (introduce ordinance)
Ordinance introduced A STORMWATER/URBAN RUNOFF POLLUTION CONTROL
re NPDES ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 9 OF THE
WEST COVINA MUNICIPAL CODE BY ADDING PROVISIONS
PERTAINING TO REGULATION OF STORM DRAINS
DISCHARGES AND URBAN RUNOFF
MISCELLANEOUS - REDEVELOPMENT AGENCY
a) Auto Plaza Business Improvement District
(adopt resolution)
Resolution 9096 - RESOLUTION NO. 9096 - A RESOLUTION OF THE
Auto Plaza Bus. CITY COUNCIL OF THE CITY OF WEST COVINA,
Improvement Dist. CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT
AREA FOR FISCAL YEAR 1994/95, AND PROVIDING
NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED
JUNE 7, 1994
CONSENT CALENDAR MOTION Motion by Herfert, seconded by Manners to waive
reading of the resolutions and ordinances and to
adopt/introduce, as applicable, and to approve
all other items except: C-5a (CP 94-7) and C-6c
(NPDES). Motion carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong,,McFadden
NOES: None
Maintenance Director Glover addressed Item C-5a
and City Engineer Thomas addressed Item C-6c.
Motion by Herfert, seconded by Manners, and
unanimously carried to approve these two items.
PUBLIC WORKS No items scheduled for this meeting.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES ORDINANCE TO AMEND THE OPERATING HOURS OF CERTAIN
LANDSCAPE MAINTENANCE EQUIPMENT
Council reviewed the staff report.
Ordinance introduced - City Clerk presented:
landscape equipt. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
ARTICLE IV, NOISE REGULATIONS, DIVISION 2,
SPECIFIC NOISE SOURCES, SECTION 15-97,
RESTRICTIONS ON THE OPERATION OF TWO- AND FOUR-
STROKE ENGINES
Motion by Herfert, seconded by Manners, and
unanimously carried to waive further reading of
the ordinance and introduce.
REDEVELOPMENT AGENCY Mayor McFadden recessed the City Council meeting
at 11:08 pm to convene the Redevelopment Agency.
The City Council reconvened at 11:10 pm with all
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City Council Minutes 5/17/94
HUMAN SERVICES
members present.
BINGO GAMES AT THE W.C. SENIOR CITIZENS CENTER
Council reviewed the staff report.
Bingo at Senior Mayor Pro Tem Herfert supported the proposal
Citizens Center and any funds raised going back into the Center.
He suggested using girl scouts, cheer leaders,
etc., if they run out of volunteers. Council -
member Manners expressed some reservations about
the proposal - start up costs, bonding require-
ments, sixty-day evaluation time.
Motion by Herfert, seconded by Touhey, and
unanimously carried to authorize staff to
prepare a request for proposals for services,
supplies and equipment needed for the conducting
of bingo at the West Covina Senior Citizens'
Center by the West Covina Bingo Volunteer Club.
PUBLIC SAFETY
No reports scheduled for this meeting.
ADMINISTRATIVE SERVICES PERSONNEL
ACKNOWLEDGE LETTER - WEST COVINA PUBLIC SAFETY
DISPATCHERS' ASSOCIATION RE MEET & CONFER STATUS
Council reviewed the staff report.
WC Dispatchers Motion by Manners, seconded by Herfert, and
unanimously carried to:
a). Acknowledge the letter from the Public
Safety Dispatchers' Association declaring
impasse;
b) Call for any such additional oral and/or
written information as the Association wishes to
GENERAL ADMINISTRATION
APPROVAL OF DEMANDS
ORAL COMMUNICATIONS
MAYOR'S REPORTS
provide at this time; and
c) Determine the meet and confer process
concluded and direct staff to implement the
City's last offer. 1�
No reports scheduled for this meeting.
Motion by Wong, seconded by Manners to approve
Demands totaling $1,598,090.87 as listed on
Check Registers FI 147631 through 147895.
Motion carried by roll call vote:
AYES: Herfert, Manners, Touhey, Wong, McFadden
NOES: None
ABSTAIN: Herfert re SCE billing
No comments offered.
1) ANNUAL APPOINTMENTS TO BOARDS AND AGENCIES
Mayor McFadden announced the appointments
for the upcoming year. Motion by Council -
member Wong to amend the appointments to
allow him to remain as the representative
to the San Gabriel Valley Commerce & Cities
Consortium as he is a member of the
executive committee and the City will lose
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City.Council Minutes 5/17/94
Assignment
its influence for a period of time if he is
removed from that post. Motion died for
lack of a second. The appointments are:
Representative Alternate
Audit Committee
Chamber of Commerce
ESGV Planning Committee
ESGV Consortium
Foothill Transit Zone
Independent Cities Association
Independent Cities Risk Mngt. Assn.
League of California Cities (LA Div.)
LA Co. Mosquito Abatement District
LA Co. City Selection Committee
SGV Council of Governments
SGV Commerce & Cities Consortium
Sanitation District Board
Upper SGV Water Association
Herfert/Touhey
McFadden
Wong
Touhey
Herfert
McFadden
Herfert
Wong
Touhey
Manners
McFadden
Touhey
Hoppe
Manners
McFadden
Manners
Touhey
McFadden
Herfert
Herfert
McFadden
Herfert
Touhey
McFadden
Touhey
McFadden
Touhey
2) COMMISSIONER SELECTION PROCESS
Mayor McFadden discussed the process he
proposed for filling commission seats:
* All commissioners would be subject
to review by the Council, including those
whose terms are not up in June.
* Any Councilmember may interview
any or all of the applicants and current
commissioners.
Mayor McFadden said he is not seeking
resignations, but hopes to receive letters
of interest from commissioners who would
like to continue serving.
Councilmember Manners received three
letters, all opposed to the new concept
proposed by the Mayor. The point made was
that commission decisions would become
"politically correct" rather than objective
recommendations to Council.
Councilmember Wong noted that there is
freedom of speech on the commissions now,
and if the commissioners are going to be
constantly looking over their shoulders,
there will be much wasted .time for
everyone. He also commented about the
article in the Tribune about the commission
appointment process.
Councilmember Touhey related a situation in
which he was denied the opportunity to
address the Waste Management/Environmental
Quality Commission. He spoke of other
issues as well, such as wearing campaign
buttons, equal access time for candidates
who are not commissioners, etc.
Mayor Pro Tem Herfert noted that none of
the commissioners have been replaced yet.
And it still takes three votes of the
Council to appoint or remove. More
discussion followed. June loth was set as
the cutoff date for applications. .
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City Council Minutes 5/17/94
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REPORTS
ATTEST:
u
City Clerk Janet Be y
0
Motion by Touhey, seconded by Herfert to
approve the general concept of reviewing
all commissioners. A review process must
still be devised. Motion carried with
Manners and Wong voting no (3-2).
Mayor McFadden reiterated his office hours
at the Senior Citizens Center and City
Hall.
Councilmember Manners requested a
resolution of commendation for West Covina
Fire Paramedic Bob Culhane.
Councilmember Wong read with appreciation
a letter he received from Don Carmen
regarding a member of the public who had
publicly criticized Wong and his family
business.
Councilmember Touhey asked staff to review
fees charged to disadvantaged residents for
certain services as described in the MSI
report.
Motion by Herfert, seconded by Manners, and
unanimously carried to adjourn the meeting
at 12:24 am to 5:30 pm on May 23, 1994 in
the Management Resource Center.
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McF