01-03-1995 - Regular Meeting - MinutesM I N U T E S
WEST COVINA CITY COUNCIL
REGULAR MEETING
January 3, 1995
iThe regular meeting of the West Covina City Council was called to order
by Mayor McFadden at 7:43 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Pastor Chuck
Reeve of Faith Community Church and the Pledge of Allegiance was led by
Mayor McFadden.
ROLL CALL Mayor McFadden, Mayor Pro Tem Herfert, Council -
members Touhey, Wong
Absent: Councilmember Manners
Others Present: Starbird, Wylie, Dixon, Miller, Orr, Greene,
McIsaac, Collier, Keating, Salazar, Mayer,
Glover, Samaniego, Koniarsky, Yoshizaki, Tucker,
Berry
ION Police Chief Distelrath introduced the new Bike
Patrol Program and the officers of the program.
Sgt. Tedesco explained how the officers pursue
suspects and restore peace in the community.
HEARING ESTABLISHMENT OF FEE FOR SPECIAL EVENT PERMITS
Fee for Special City Clerk Berry verified the affidavit of pub -
Event permits cation. Mayor McFadden opened the hearing and
the staff report was presented by Principal
Planner McIsaac.
Public Testimony Mayor McFadden opened the public testimony por-
t tion of the hearing and asked for comments in
none favor or in opposition. No one addressed the
City Council and the public testimony portion
Testimony closed of the hearing was closed.
City Clerk Berry presented:
Resolution 9163 - RESOLUTION NO. 9163 - A RESOLUTION OF THE
permit fee CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, ESTABLISHING A FEE FOR PROCESSING
APPLICATIONS FOR SPECIAL EVENT PERMITS
Motion by Herfert and seconded by Touhey to
waive further reading of the resolution and to
adopt. Motion carried 4-0.
HEARING RESIDENTIAL LIGHT AND GLARE ORDINANCE -
AMENDMENT NO. 262
Amendment No. 262 City Clerk Berry verified the affidavit of pub-
lication. Mayor McFadden opened the hearing and,
the staff report was presented by Planning
. Director Collier. Mr. Collier responded to
questions and concerns regarding spill over and
foot candles vs the standards as proposed in the
staff report.
Public Testimony Mayor McFadden opened the public testimony por-
tion of the hearing and asked for comments from
the audience. The following addressed Council:
Iris Delameter Iris Delameter, 1212 W. Eckerman, noted
potential problems with the definition of
Minutes of January 3, 1995
01
"ambient level at the property level," motion
lights, and direct lights.
As there were no others in the audience wishing
Testimony closed to.address Council, Mayor McFadden closed that
portion of the hearing.
Council discussion Mayor Pro Tem Herfert suggested referring this
back to staff to make it a little more flexible.
City Manager Starbird suggested that staff may
be able to bring in examples of one foot candle
vs 10, etc.
Motion by Herfert and seconded by Touhey to hold
over the hearing until the next Council meeting.
AGENDA AND ORAL COMMUNICATIONS
Jean Arneson
Jean Arneson, 1116 Donna Beth, addressed Item E-
1 (BKK Gas and Well Decommissioning) stating
that there seems to be an inconsistency of facts
between BKK's and CIWMB's records regarding
number of wells and which ones were abandoned.
Regarding Item 0-2 (Continuation of Settlement
Discussions), she felt the City should move for-
ward with the trial because the existing UUP and
Government Code provides financial safeguards.
Susan Nunez
Susan Nunez, 1339 E. Loma Vista, addressed Item
C-5e, speaking favorably for a "Children at
Play" sign for her cul-de-sac.
Richard Salter
Richard Salter, 1124 E. Grovecenter, addressed
Item C-8b, speaking in support of the sewer
lateral maintenance ordinance.
Bridget Bogdanowicz
Bridget Bogdanowicz, 221 S. Turner, addressed
Item G-1 (Auto Repair in Residential Zones),
suggesting limiting car repairs to the just the
cars owned or registered at the property.
Don Carman
Don Carman, 1238 Hollencrest Drive, commented on
Item E-1 (BKK Gas and Well Decommissioning).
He also felt the City should terminate the set-
tlement discussions (0-2).
Iris Delameter
Iris Delameter, 1212 W. Eckerman, spoke in'sup-
port of the concerns expressed by Ms. Bogdano-
wicz.
E.T..Snell
E.T. Snell commented on the settlement negotia-
tions (0-2).
CONSENT CALENDAR Written Communications (none received)
• Commission Summary of Actions (receive & file)
Personnel 12/14/94
Senior Citizens 12/08/94
Waste Mngt/Environmental Quality 12/15/94
Minutes of January 3, 1995 3
Temporary Use Permits (receive & file)
TUP 12224-94 was issued to West Covina Nissan
for a radio promotion on November 26, 1994, at
1840 East Garvey Avenue.
TUP #2225-94 was issued to Hospice of ESGV for
a Light Up a Life Ceremony on December 18, 1994,
at 820 North Philips.
TUP #2226-94 was issued to Arsenio Paimintuan
for a Filipino Cultural Fair on December 10,
1994, at 1559-V East Amar Road.
TUP 12227-94 was issued to West Covina Vil-
lage/Shoe City for a sidewalk sale on November
10 and 11, 1994, at 301 North Azusa Avenue.
TUP #2228-94 was issued to David Williams
(Mervyn's) for a hot dog cart on December 9, 10,
11, 15, 16, 17, at Mervyn's Department Store.
TUP 12229-94 was issued to Faith community
Church for a Christmas service on December 25,
1994, on San Bernardino Road.
Acceptance of Improvements/Release of Bonds
Tract 48997 - Recommendation is to approve the release of three
Cham Developers (3) Certificates of Deposit posted by Cham
Developers and retain one ($99,000) Certificate
of Deposit for the remaining construction.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held December 20,
1994.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1952 -
ORDINANCE NO. 1952 - AN ORDINANCE OF THE CITY
Daytime Loitering
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADDING CHAPTER 15, ARTICLE I, SECTION 15-18 TO
THE WEST COVINA MUNICIPAL CODE PROVIDING FOR A
DAYTIME LOITERING FOR MINORS ORDINANCE
Award of Bid - Community Education Center
Community Education
Center -
Recommendation is to award the expansion of the
Armstrong Constr.
current Plaza sub -station into the Community
Education Center (CEC) to Armstrong Construction
for a total cost of $39,836.
Miscellaneous - Public Works
1) Policy for Approvina Red Curb Installations
Policy re red curbs
Recommendation is that all requests for red
•
curbs be directed to the Traffic Committee
for review. A postcard survey of all
residences within 200 feet. on the street
which the red curb is being requested shall
be conducted. The Traffic Committee will
review the request for traffic safety
considerations and the Traffic Committee
will then make a recommendation to the City
Council via the Traffic Committee Minutes.
•
r,
U
Minutes of January 3, 1995
Ordinance introduced -
Sewer Connection Repairs
4
S
2) Maintenance of House Connection Sewers -
ordinance introduction
Recommendation is to a) appropriate $20,000
from unappropriated Sewer Funds to opera-
ting account 189-320-2257-6120; and b)
introduce:
AN ORDINANCE OF THE CITY COUNCIL OF
THE: CITY OF WEST COVINA AMENDING SECTION
23-114 OF THE WEST COVINA MUNICIPAL CODE,
RELATING TO THE MAINTENANCE OF HOUSE SEWER
CONNECTIONS
Miscellaneous - Environmental Services
1) Vehicle Purchase and Conversions
Seven Flex -fueled cars Recommendation is to a) approve the pur-
and 4 conversions chase of 7 1995 flex -fueled Ford Taurus's
at a cost not to exceed $112,154.56. Funds
to be utilized are the restricted air
quality improvement funds; Prop. C - Regu-
lation XV Monitoring account ($54,088.32 -
reserve and current fiscal years) and the
reserve AB 2766/DMV Registration fees
($48,066.24); and b) approve the conversion
of 4 fleet vehicles at a cost not to exceed
$9,540. Funds to be utilized are from the
reserve air quality improvement fund; AB
2766/DMV Registration fees.
2) MOU between the Southern California Associ-
ation of Governments (SLAG) and the City re
Participation in the Clean Cities Program
MOU,re Clean Cities Prgm. Recommendation is to approve the MOU
between SCAG and the City of West Covina
regarding participation in the Clean Cities
program.
Miscellaneous - Human Services
Application.for Funds from the Proposition "A"
Safe Neighborhood Parks Grant
Recommendation is to approve the following reso-
lutions and applications, and authorize their
submittal to the Los Angeles County Regional
Park and Open Space District:
Resolution 9164 - RESOLUTION NO. 9164 - A RESOLUTION OF THE CITY
Shadow Oak painting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE
DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM
FOR SHADOW OAK CENTER REPAIRING AND REPLACEMENT
OF MOVEABLE PARTITIONS AND PAINTING
Resolution 9165 - RESOLUTION NO. 9165 - A RESOLUTION OF THE CITY
Cortez lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
CORTEZ PARK FOOTBALL AND MINOR BASEBALL FIELD
LIGHTING
Minutes of January 3, 1995 5
Resolution 9166 - RESOLUTION NO. 9166 - A RESOLUTION OF THE CITY
Cortez parking lot COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
CORTEZ PARK REHABILITATION OF NORTH PARKING LOT
Resolution 9167 - RESOLUTION NO. 9167 - A RESOLUTION OF THE CITY
Del Norte lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
DEL NORTE BALLFIELD LIGHTING
Resolution 9168 - RESOLUTION NO. 9168 - A RESOLUTION OF THE CITY
Cameron lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
CAMERON PARK SOFTBALL FIELD LIGHTING
Resolution 9169 - RESOLUTION NO. 9169 - A RESOLUTION OF THE CITY
Palm View lighting COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
PALM VIEW PARK BALLFIELD LIGHTING
Resolution 9170 - RESOLUTION NO. 9170 - A RESOLUTION OF THE CITY
Cortez irrigation COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
CORTEZ PARK IRRIGATION UPGRADE
Resolution 9171 - RESOLUTION NO. 9171 - A RESOLUTION OF THE CITY
Friendship basketball COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
FRIENDSHIP PARK PARKING LOT PAVING BASKETBALL
COURT WITH LIGHTS
Resolution 9172 - RESOLUTION NO. 9172 - A RESOLUTION OF THE CITY
Shadow Oak grading COUNCIL OF THE CITY OF WEST COVINA APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DIS-
TRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR
SHADOW OAK PARK GRADING, IRRIGATION, AND LAND-
SCAPING
CONSENT CALENDAR MOTION Motion by Wong and seconded by Herfert to waive
further reading of the ordinance and resolutions
and adopt, and approve all other items listed on
the Consent Calendar except: C-5c, C-5e, C-8a,
C-8b, and C-8c. Motion carried by roll call
vote:
AYES: Herfert, Touhey, Wong, McFadden
NOES: None
ABSENT: Manners
C-5c (speed bumps) Councilmember Touhey requested that the City's
policy on installing speed bumps be revisited.
It was his feeling that it should be a neighbor-
hood decision and installed at their cost.
City Manager Starbird suggested that the
matter be looked into and staff would report
back on the liability issue as well as policies
used by other cities.
Minutes of'January 3, 1995
,4
C-5e (Children at Play) Upon a question by Mayor Pro Tem Herfert, City
Engineer Glover explained why the sign was
denied by the Traffic Committee. Councilmember
Wong suggested that inasmuch as the request came
from a cul-de-sac neighborhood, perhaps the "Not
A Through Street" sign will deter thru traffic
and then review after a six-month trial period.
Motion by Herfert and seconded by Touhey to
approve C-5(i) that a "neighborhood watch" sign
be installed on the northeast corner of Loma
Vista Street and Astell Avenue, and C-5(ii) that
a "not a through street" sign be installed on
Loma Vista Street at Astell Avenue, and that C-
5(iii) re the "Children at Play" sign be brought .
back to Council with additional information.
Motion carried 4-0.
C-8a (Red curb policy) Councilmember Wong asked why the 200 foot radius
was recommended by staff. City Engineer Glover
responded. Mayor McFadden agreed with Wong in
favoring a 300 foot radius.
Motion by McFadden and seconded by Wong to
approve the recommendation amending the radius
from 200 feet to a 300 foot radius. Motion
carried 4-0.
C-8b (sewer connection) Upon questions by Councilmember Wong, City
Engineer Glover explained that the City will
have control over connection repairs through the
permit process to open the street.
Motion by Wong and seconded by McFadden to
approve the recommendation and introduce the
proposed ordinance. Motion carried 4-0.
C-8c (vehicle purchase) Councilmember Touhey requested a report
regarding the vehicles at the Maintenance
Department.
Motion by Wong and seconded by Herfert to
approve the recommendation. Motion carried 4-0.
PUBLIC WORKS PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING Si
VICES FOR ASSESSMENT DISTRICTS -
BSI CONSULTANTS, INC.
City Engineer Glover presented the staff report,
noting that Mr. Jeff Cooper of BSI Consultants
was in the audience to respond to Council ques-
tions.
BSI Consultants Councilmember Wong stated he would abstain
from the discussion and vote on this issue, due
to conflict of interest laws.
Mr. Cooper approached the podium to respond
to questions and financial concerns regarding
restructuring and consolidating districts, the
RFP process in selecting BSI, notification of
residents, and funding source for the proposed
services.
City Manager Starbird explained the impor-
tance of moving forward with Phases I and II,
and Phases IV and V were not quite as critical.
Mayor McFadden stated his support of the
staff recommendations, noting that the consul-
tant has been able to save money for other
cities and to have him study the City's dis-
tricts can save West Covina money as well.
Mayor Pro Tem Herfert noted that six months
ago Council made a decision to remove Engi-
neering costs from the districts and would not
Minutes of January 3, 1995
7
support using reserves for this.
Councilmember Touhey favored this work
being done in-house.
Motion by McFadden to move forward with the
recommendation, except for Phase III, and
funding through the General Fund reserves and
consider charging the cost back to the Districts
at a later date. Mayor Pro Tem Herfert seconded
the motion for voting purposes. Motion failed
by the following vote: 1-2-1 with Touhey and
Herfert voting no and Wong abstaining.
Motion by Herfert and seconded by Touhey to
proceed with Phases I and II, utilizing the
services of BSI Consultants, and funding it
through the existing budget. Motion carried 3-
0-1 with Wong abstaining.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
BKK LANDFILL REGULATORY REQUIREMENTS ON GAS AND
WATER WELL DECOMMISSIONING
BKK - Waste Management Enforcement Manager Samaniego
decommissioned wells presented the staff report. Mayor Pro Tem Her-
fert requested a map of the decommissioned wells
discussed in the staff report. Councilmember
Touhey commented on BKK monitoring their own
wells - likening it to the hound in charge of
the hen house. Councilmember Wong asked if BKK
used a certified lab to test and monitor the
wells.
Motion by Herfert and seconded by Touhey to
hold this matter over until more information is
received and that staff respond to each of Ms.
Arneson's questions asked during Agenda Communi-
cations. Motion carried 4-0.
ENVIRONMENTAL SERVICES STATUS OF BKK UNCLASSIFIED USE PERMIT COMPLIANCE
Status of BKK UUP Environmental Services Director Miller presented
the staff report. Motion by Herfert and
seconded by Touhey to receive and file the
report. Motion carried 4-0.
COMMUNITY DEVELOPMENT SERVICES
PLANNING
AUTO REPAIR IN RESIDENTIAL ZONES
Council reviewed the staff report. Motion by
Auto Repair Herfert and seconded by McFadden to refer to
staff for stepped up enforcement. Motion car-
ried 4-0.
REDEVELOPMENT AGENCY
• 1) Mayor McFadden recessed the City Council
meeting at 10:43 pm to convene the
Redevelopment Agency. The City Council
reconvened at 10:45 pm with Manners absent.
2) Redevelopment Agency Annual Report
Council reviewed the report. Motion by
Wong and seconded by Touhey to receive and
file the Redevelopment Agency Annual Report
Minutes of January 3, 1995
for 1993/94.
PARKING AUTHORITY
Motion carried 4-0.
0
1) Mayor McFadden recessed the City Council
• meeting at 10:45 pm to convene the Parking
Authority meeting. The City' Council
meeting reconvened at 10:46 pm with Manners
absent.
2) Parking Authority Financial Report
Council reviewed the financial report.
Motion by Herfert and seconded by Touhey to
receive and file the independent auditor's
report of the Parking Authority financial
statements covering the fiscal year ending
June 30, 1994. Motion carried 4-0.
HUMAN SERVICES No reports scheduled for this meeting.
PUBLIC SAFETY POLICE DEPARTMENT
PURCHASE OF TWO ADDITIONAL DRIVING SIMULATORS
Training Simulators Council reviewed the staff report. Motion by
Herfert and seconded by Touhey to approve the
purchase of two additional driving simulators
from AGC Simulation Products (sole source
manufacturer) at a cost not to exceed $105,000
which represents a pre -negotiated total savings
of $9,660 and includes a dispatch module and
instructor playback monitor at no extra cost.
Motion carried 4-0.
ADMINISTRATIVE SERVICES No reports scheduled for this meeting.
GENERAL ADMINISTRATION CITY ATTORNEY No closed session held.
APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to
approve Demands totaling $1,065,529.79 as listed
on check registers 152362 through 152610.
Motion carried by roll call vote:
AYES: Herfert, Touhey, Wong, McFadden
NOES: None
ABSENT: Manners
ABSTAIN: Herfert re SCE bill
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS 1) APPOINTMENT OF REPRESENTATIVE TO THE SAN
GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT
• Council reviewed the staff report.
Councilmember Touhey noted that any one of
the Council could attend the meetings;
therefore, he did not favor appointing a
specific alternate. Motion by Herfert and
seconded by McFadden to appoint Manners as
the City's representative for a two year
term and appoint no alternate. Motion
carried 4-0.
•
Minutes of January 3, 1995
2)
COUNCILMEMBERS' REPORTS 1)
Motion
0
RESOLUTION OF COMMENDATION FOR RETIRING
EMPLOYEE VALERIE HOFFORD
Motion by Herfert and seconded by Touhey to
approve a resolution of commendation for
Valerie Hofford. Motion carried 4-0.
REVIEW OF BKK FINANCIAL ASSURANCES
Mayor Pro Tem Herfert stated that there has
long been a requirement of BKK to set aside
money for post closure of the landfill.
BKK's failure to set aside funds for this
is a result of lax enforcement on the part
of the Department of Toxic Substances Con-
trol (DTSC), a state agency that hasn't
done their job to make sure that money is
there. The City is now negotiating setting
aside City funds for this.
Motion by Herfert that the City sue
DTSC to make sure the financial assurances
are in place for the Class I portion of the
landfill so that the funding does not come
from the City. The motion was seconded by
Wong for discussion purposes.
Councilmember Wong asked for a closed
session to receive a briefing on. the situ-
ation and the City's chances of prevailing
with a lawsuit against DTSC.
City Attorney stated that if the
Council were in favor of Mayor Pro Tem
Herfert's motion, the City Attorney would
prepare a report on the ramifications of a
lawsuit, the costs, etc., but would not be.
able to verbally address it this evening
because a closed session on this matter was
not noticed.
Mayor McFadden suggested the City
Attorney be directed to prepare a report
for Council and then conduct a closed ses-
sion. He added that he was not favorably
disposed to entering a lawsuit with a state
agency regarding a Federal and state issue.
Mayor Pro Tem Herfert stated that he wanted
to move forward with the lawsuit, putting
the burden on DTSC and not the residents of
West Covina.
Amended motion Mayor Pro Tem Herfert amended his motion to
direct the City Attorney to prepare a law-
suit against DTSC and bring it back to the
City Council, with an additional report
regarding where the CIWMB is with financial
assurances for the Class III portion of the
landfill. Vote on the amendment resulted
in 3-1 with Wong voting no.
Discussion ensued regarding parliamentary
procedures under Robert's Rules of Order.
The decision was made to vote on the
original motion, as amended. Restated:
Direct City Attorney to prepare a lawsuit
against DTSC and bring it back to Council
for final decision, and receive a report
regarding CIWMB's status of Class III
financial assurances. Motion carried 3-0-1
Minutes of January 3, 1995
Motion
•
2)
10
with Wong abstaining.
CONTINUATION OF PARTICIPATION IN MANDATORY
SETTLEMENT CONFERENCE:
CITY OF WEST COVINA VS HRR CORPORATION
Mayor Pro Tem Herfert related the last two
years the City has been in litigation with
BKK and a trial was postponed by the judge
for mandatory settlement negotiations. He
noted that the settlement discussions have
been going on for the last four months. A
lot of money has been expended and he felt
it was time to make a'decision. The court
date gets pushed further and further and
more and more money is being spent.
Motion by Herfert and seconded by
Touhey to end the settlement discussions
with BKK and go to trial on the MOU con-
tract.
Councilmember Touhey discussed cam-
paign platforms regarding the closure of
the landfill and changed positions of some
of the councilmembers. Councilmember Wong
noted that facts change and information
available to candidates is not always the
same information as that discovered during
closed sessions as a Councilmember. He
stated he would be abstaining from the
motion on the floor because it would be
easy to construe that a no vote would be in
favor of a settlement and yet there is no
settlement before the Council. He supports
continuing the discussions and when a set-
tlement comes forward for consideration,
then that would be the time and place to
say yes or no to a settlement.
Councilmember Touhey said negotiations
were conducted in 1985 and decisions made
then are being renegotiated again.
Mayor McFadden spoke about his efforts
and beliefs about his work on the settle-
ment discussions and noted that it is not
as simple as one might'think. He expounded
on some of the financial issues involved as
well as opinions he's gained from talking
to other attorneys regarding this entire
issue. He expressed interest in gaining
the citizens' thoughts on the issue, once
they have had an opportunity to hear all
the facts.
Mayor McFadden concluded by stating
that he was not in favor of cutting off the
settlement negotiations. He suggested con-
tinuing through February 22, which is .the
trial date.
Discussion continued. City Attorney
responded to a question regarding the
voting requirement. She stated that a
majority of the quorum is required to carry
the motion.
Mayor McFadden asked for a vote on the
motion on the floor. Vote on the motion
failed 2-1-1 with McFadden voting no and
Wong abstaining.
Minutes of January 3, 1995 11
Herfert Mayor Pro Tem Herfert requested the following be
agendized for the next meeting: status report
on litigation expenses.
ADJOURNMENT Motion by McFadden and seconded by Herfert to
adjourn the meeting at 12:24 am (Wednesday 1/4).
Motion carried 4-0.
Attest:,.
City Clerk_,Janet B ry
0
ayo radley McFaddzn