07-20-1999 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
JULY 20, 1999
• The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:44 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Councilmember Herfert led the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers
Herfert, Touhey, Wong
Others Present: Hobbs, Fields, Collier, Martyn, Mayer, McIsaac, Chung, Fong,
Samaniego, Greene, Wills, Schimanski, Clark, Fox, Dunlap,
Pidgeon, Lee, Bommarito, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of June 15, 1999
Regular meeting of July 6, 1999
PRESENTATIONS Police Chief Wills introduced the newest Police Officer on the
force: Charles Kam Chain Nan. Mayor Howard administered the
Oath of Office and presented Officer Kam Chain Nan with his
badge.
Mayor Howard introduced Betty Fernandez of the Maintenance
Department as the City's sixth recipient of the Employee
Recognition Award. Brian Lee, Chair of the Employee
Recognition Award Committee, assisted Mayor Howard.
Mike Miller, Chair of the West Covina Rose Float Committee, and
Larry Crane, President of Charisma Floats, presented the unveiling
of the City's 2000 Rose Parade Float Entry.
Mike Miller, Chair of the West Covina Rose Float Committee,
received a $10,000 donation from Tom Yamak of Edwards
Theaters, the first serious donation received by the committee for
the City's 2000 Float.
The West Covina Rose Float Committee members were introduced
and recognized: Ed Cassanova, Gloria Vargas, Bill Singleton,
John Hughes, Elba Comeau, and Geneva Nixon.
HEARING APPEAL HEARING
PRECISE PLAN NO. 871 — TREE REMOVAL PERMIT NO.
23 — MITIGATED NEGATIVE DECLARATION OF ENVI-
RONMENTAL IMPACT — AMENDED AND RESTATED
DEVELOPMENT, DISPOSITION AND OWNER PARTICI-
PATION AGREEMENT (ARDDOPA)
Applicant: Hassen Imports Partnership
Appellant: Hassen Imports Partnership
Location: 1900-2000 E. Garvey Avenue South, and
1919, 1923, 1929, 1935, 1941, 1945 Norma Avenue
Council Minutes 7/20/99
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Councilmember Touhey stated that he would not participate in the
discussion and vote on this issue due to conflict of interest laws.
He stated that he is currently purchasing property within 300 feet
of the project site and consequently must abstain on this issue.
City Clerk Berry verified the affidavit of publication and mailing.
Mayor Howard opened the hearing and Public Services Director
Collier presented the staff report. Mr. Collier stated that the City
Attorney and the City's experts, Bill Dvorak of Kimley-Horn and
Associates and Mark Alpers of Environmental Services Associates,
would report on the responses to the comments posed by the City
of Covina in the CEQA document.
BetsyMartyn Betsy Marlyn, City Attorney, clarified legal aspects of Covina's
comments in relation to the Mitigated Negative Declaration of
Environmental Impact.
Mark Alpers Mark Alpers, Project Manager with Environmental Services
Associates, addressed the basic concern of air quality.
Bill Dvorak Bill Dvorak, Kimley-Horn and Associates, addressed the second
basic concern of Covina, which was traffic impacts of the project.
Mr. Collier concluded the presentation with a discussion on
conditions placed on the project, particularly the condition relating
to a surface street route for test driving vehicles, the condition
being appealed by the applicant.
Public Testimonv Mayor Howard asked for comments from the audience favoring
the project. The following persons addressed the City Council:
Fred Burkhardt Fred Burkhardt, Interim Executive Director of the Chamber
of Commerce, noted the Chamber's support for the project.
Ed Cassanova Ed Cassanova, VP of Public Affairs of the Chamber of
Commerce, noted the support of the committee for this project.
Royal Brown Royal Brown, 2153 Aroma Drive, spoke highly of the
applicant and urged Council to approve the project.
Ziad Alhassen Ziad Alhassen, applicant and appellant, requested Council's
support of the project but noted that in relation to the condition for
a test drive route that perhaps the West Covina Auto Association
address routes for all the dealerships, for consistency sake. He
noted that the project architect is available to answer questions.
Mayor Howard asked for comments in opposing to the project and
the following addressed Council:
William Beem William Beem, 549 N. Foxdale, stated that he was not
opposed to the project, but did have concern about the financial
arrangements and how was the City going to be paid back.
Peter Lewandowski Peter Lewandowski, Mission Viejo, Principal of Environ-
mental Impact Sciences and hired by Covina to assist them in
reviewing the environmental documents regarding this project. He
discussed items of particular concern, as well as air and noise
impacts emanating from this project.
Thomas Parrington Thomas Parrington, City Attorney for the City of West
Covina, addressed his comments to the CEQA documents
regarding this project.
Rebuttal Ziad Alhassen, applicant, stated that he is not an environmental
expert, but he is a licensed contractor and is qualified in construc-
tion. He said he was putting the City of Covina on notice for
interfering with his project.
Testimony closed Mayor Howard closed the public testimony portion of the hearing.
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Staff Response Public Services Director Collier responded to the comments
offered during public testimony. City Attorney responded second,
followed by Mark Alpers, one of the City's experts.
• Council Discussion Councilmember Herfert noted that Clippinger. Chevrolet, like so
many other dealerships, has concluded that a freeway location is
better for business. Unfortunately, Covina does not have a freeway
location. Mr. Alhassen has entered into an agreement with Mr.
Clippinger who, apparently, wants to sell his business and W.
Alhassen has a freeway location. He commended the Planning
Commission did a fine job with the environmental materials and he
would support the dealership coming to West Covina.
Councilmember Wong concurred with Councilmember Herfert.
He also agreed with the Planning Commission's decision regarding
the test drive route and the other dealers in the Auto Association
should conduct a discussion about similar test drive routes.
City Clerk presented:
Resolution 9713 - RESOLUTION NO. 9713 — A RESOLUTION OF THE
Certifying Mitigated Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA CALI-
FORNIA, UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND CERTIFYING THE MITIGATED NEGA-
TIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
PRECISE PLAN NO. 871
Resolution 9714 - RESOLUTION NO. 9714 — A RESOLUTION OF THE
Approving Precise Plan 871 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING PRECISE PLAN NO. 871
AND TREE REMOVAL PERMIT NO. 21
Motion by Wong and seconded by Herfert to waive further
reading of the resolutions and adopt. Motion carried 3-1-1 with
Howard voting no and Touhey abstaining.
Mayor Howard called to order the Redevelopment Agency at 9:23
pm in order to conduct the following joint public hearing.
JOINT HEARING PROPOSED REVISED SECOND AMENDED AND RE-
STATED DISPOSITION, DEVELOPMENT AND OWNER
PARTICIPATION AGREEMENT (THE "REVISED AGREE-
MENT") BY AND AMONG THE REDEVELOPMENT
AGENCY, HASSEN IMPORTS PARTNERSHIP AND WEST
COVINA MOTORS, INC.
Mayor Howard explained that the City Council and the Redevelop-
ment Agency Board would be considering the adoption of a
resolution .rescinding the Second Amended and Restated
Disposition, Development and Owner Participation Agreement,
and approving a Revised Agreement providing $4.1 million in
Agency assistance for the Dodge Dealership rehabilitation and
• expansion. It would be used for the purchase of use and operating
covenant associated with the development of a new dealership in
West Covina.
City Clerk verified the affidavit of publication and Mayor Howard
opened the hearing. Redevelopment Agency Director Chung
presented the staff report.
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Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked the City Clerk if any written communications had been
received. City Clerk responded yes, a letter was received just prior
to the hearing from Thomas Parrington, City of Covina Redevelop-
ment Agency Counsel. She distributed copies of the letter to the
Councilmembers noting that Mr. Parrington would address his
letter during public testimony.
Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for comments. The following individuals addressed the
joint body.
Tami Klenck Tami Klenck, 609 S. Magnolia, objected to the use of tax
monies for these types of ventures. She urged Council not to vote
in favor of this project.
Thomas Parrington Thomas Parrington, Covina Redevelopment Agency Coun-
sel, stated that Covina is not objecting to the move but the manner
in which the City of West Covina is assisting with the move.
Ziad Alhassen Ziad Alhassen, applicant, urged Council to support the
revised agreement.
Mayor Howard requested staff to respond. Redevelopment Agency
Special Counsel Clark responded to the remarks made by Mr.
Parrington as well as the comments contained in Mr. Parrington's
letter, point by point.
Testimony closed Mayor Howard closed the public testimon
hearing and asked for Council/Agency discussion.
was requested to read the heading of the resolutions.
Redevelopment Agency Action
y
portion of the
The City Clerk
Resolution 543 - RESOLUTION NO. 543 — A RESOLUTION OF THE REDE-
approving restated agreement VELOPMENT AGENCY OF THE CITY OF WEST COVINA
RESCINDING THE SECOND AMENDED AND RESTATED
DISPOSITION, DEVELOPMENT, AND OWNER PARTICI-
PATION AGREEMENT, AND APPROVING AND AUTHORI-
ZING EXECUTION OF THE REVISED SECOND AMENDED
AND RESTATED DISPOSITION, DEVELOPMENT AND
OWNER PARTICIPATION AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT AGENCY AND HASSEN IMPORTS
PARTNERSHIP AND WEST COVINA MOTORS, INC., AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
Motion by Wong and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 3-1-1
with Howard voting no and Touhey abstaining (conflict of
interest).
City Council Action
Resolution 9715 - RESOLUTION NO. 9715 — A RESOLUTION OF THE CITY
approving restated agreement COUNCIL OF THE CITY OF WEST COVINA, RESCINDING
THE SECOND AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT, AND OWNER PARTICIPATION AGREE-
MENT, AND APPROVING AND AUTHORIZING THE
EXECUTION OF THE REVISED SECOND AMENDED AND
RESTATED DISPOSITION, DEVELOPMENT AND OWNER
PARTICIPATION AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA AND HASSEN IMPORTS PARTNERSHIP AND
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WEST COVINA MOTORS, INC., AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
Motion by Wong and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 3-1-1
with Howard voting no and Touhey abstaining (conflict of
interest).
Recess RDA Mayor Howard recessed the Redevelopment Agency at 9:48 pm to
continue the City Council Agenda to consider the following item at
this time. Councilmember Touhey returned to his seat at the
Council table, 9:48 pm.
MAYOR'S REPORTS RESOLUTION RECOMMENDING THAT PAROLE BE
DENIED TO CONVICTED MURDERER,
' DANNY SAUL ROSALES
Council reviewed the staff report.
Yolanda Ruiz Yolanda Ruiz requested the City Council to adopt the proposed
resolution as it was her daughter who was murdered and the con-
victed murderer should remain in the penitentiary.
City Clerk presented:
Resolution 9716 - RESOLUTION NO. 9716 — A RESOLUTION OF THE
recommending parole be denied CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, RECOMMENDING THAT PAROLE BE DENIED TO
CONVICTED MURDERER, DANNY SAUL ROSALES
Motion by Wong and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 5-0.
Recess City Council and Reconvene Redevelopment Agency
Mayor Howard recessed the City Council meeting at 9:51 pm and
reconvened the Redevelopment Agency, to complete the RDA
Agenda.
PUBLIC FINANCING AUTHORITY
The Redevelopment Agency meeting was concluded at 9:54 pm at
which time Mayor Howard convened the Public Financing
Authority. The City Council meeting reconvened at 9:58 pm with
all members present.
Recess Mayor Howard called a recess at 9:48 pm. The City Council re-
convened at 10:17 pm with all members present.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Community Services 6/8/99
Planning 7/6/99 and 7/13/99
Senior Citizens' 6/10/99
Personnel 6/9/99
Award of Bids
GP 93302 — Civic Center Signs
GP 93302 - Recommendation is to accept the bid of Custom Signs, Inc., Azusa,
Custom Signs, Inc. in the amount of $19,963.89 as presented at the bid opening of
July 13, 1999 and authorize the Mayor and City Clerk to execute a
contract with Custom Designs, Inc.
Council Minutes 7/20/99
Replacement of Video Editing System
Video Editing System - Recommendation is to take the following actions:
H.T. Electronics a) Accept the bid of H. T. Electronics in the amount of
• $13,223 as the lowest bid; and
b) Appropriate a maximum of $12,000 from CIP account
#110-320-3027-7900 for the project.
Miscellaneous — Public Services
Capital Improvement Program and Building Activity —
2" 'Quarter 1999
Recommendation is to receive and file the summary report.
Census 2000 Complete Count Committee
Census 2000 Committee Recommendation is to approve the creation of a Census Complete
County Committee pursuant to the parameters set forth in the staff
reports of June 15 and July 20, 1999, and proceed with the process
of recruiting nominees for appointment to the Committee.
Miscellaneous — Finance Department
Continuation of DMG Maximus Contract for Services
DMG Maximus - Recommendation is to authorize the Finance Director to execute
contract extended the Agreement to Provide Mandated Cost Claiming Services with
DMG Maximus for fees not to exceed $10,900 for the year ending
June 30, 2000.
Miscellaneous — Police Department
Appropriation of D.E.R. Funds for Heliconter Pilot Program
Recommendation is to appropriate $9,300 into account 117-304-
2135-6120 from available D.E.R. reserves for an exploratory
helicopter program with the Pasadena Police Department, a pilot
program approved July 6, 1999.
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Herfert to approve all items
listed on the Consent Calendar. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
PUBLIC SERVICES PURCHASE AND SALE AGREEMENT WITH ABELL-
City Planner McIsaac elaborated on the staff report.
Mike Miller Mike Miller, 735 E. Herring, suggested placing the proceeds from
the sale of the park site into Park District "D" in light of the fact
that the open spaces and paseos were approved many years ago to
counter the high density zoning.
• Mayor Howard noted that there were also unmet needs at
Friendship Park and Gingrich Park. Councilmember Herfert
suggested amending the resolution to include the park districts
incorporating the following parks and areas: Friendship, Gingrich,
and Shadow Oak Park, Shakespeare parkette, and Galaxy area.
Council concurred on the amendment.
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Council Minutes 7/20/99
City Clerk presented:
Resolution 9716 - RESOLUTION NO. 9716 — A RESOLUTION OF THE
re sale of Shakespeare Park site CITY COUNCIL OF THE CITY OF WEST COVINA,
APPROVING A PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF WEST COVINA AND ABELL-
HELOU FOR THE SURPLUS PROPERTY KNOWN AS THE
• FORMER SHAKESPEARE PARK SITE, as amended
Motion by Melendez and seconded by Touhey to waive
further reading of the resolution and adopt. Motion carried 5-0.
Motion by Herfert and seconded by Melendez to allocate
$6,000.00 from the Unappropriated BKK Community Fund for
title insurance and escrow costs related to the sale of the property.
Motion carried 5-0.
SETTING DATE FOR STUDY SESSION TO CONSIDER
POTENTIAL SALE OF CITY WATER SYSTEM
City's Water System Council reviewed the staff report.
Councilmember Touhey stated that he and Mayor Howard
have been meeting on this topic for the last two years and it is time
to report to the rest of the Council.
Council set a study session to consider the potential sale of
the City's water system to be held at 4:30 pm on August 3, 1999,
in the City Hall Council Chambers.
Royal Brown Royal Brown, 2153 Aroma Drive, noted that BKK has invited the
public to attend a meeting at 6:30 pm on July 26 at the City Hall
Annex and with Council's study session set for August 3, there
will be conflict.
AROMA BALLFIELD REVISED PURCHASE AND SALE
AGREEMENT WITH COVINA HOMES, LLC.,
AROMA BALLFIELD SITE
Aroma Ballfleld site Councilmember Herfert stated that he would abstain from the dis-
cussion and vote on this issue as he is waiting for a ruling from the
FPPC regarding a possible conflict of interest.
Public Services Director Collier elaborated on the staff report.
Mayor Howard read a letter received from Mia Navarro, 1331
Parkside Drive, requesting that the City Council replace the vacant
lot with a skate park rather than sell it to a developer. Mayor
Howard asked for additional comments.
John Scheuplein John Scheuplein, 1520 E. Newcrest Drive, thought a community
meeting for the neighborhood would have been the way to go with
this item.
Jack Rubens Jack Rubens, purchaser's attorney, stated that his client has tried
very hard to address the City Council's concerns and explained the
changes and accommodations made to the project.
Royal Brown Royal Brown, 2153 Aroma Drive, referred to his handout in which
he has submitted some calculations of his own indicating that this
• deal wasn't in the City's favor. He said the project should have
gone before the Planning Commission before coming to the City
Council.
Tony Mastronomi Tony Mastronomi, 2045 Aroma Drive, felt Galster Way functions
as a funnel for the homes from the new development up above.
He also objected to the idea that this particular project would be a
Council Minutes 7/20/99
transition between the multifamily density on Aroma Drive and the
single-family density higher on the hill.
Bill Robinson Bill Robinson, 1146 E. Louisa Avenue, stated that it was his belief
that the City Council should not approve the agreement because
the City should receive double the price.
• Herb Redholtz Herb Redholtz, 2622 Altamira Drive, felt the City`was not in need
of another 57 homes in that area.
Jack Rubens Jack Rubens, developer's attorney, distributed figures reflecting
the cost of the property and the development to the purchaser.
City Clerk presented:
Resolution 9717 - RESOLUTION NO. 9717 — A RESOLUTION OF THE
approving sale of Aroma site CITY COUNCIL OF THE CITY OF WEST COVINA,
APPROVING A PURCHASE AND SALE AGREEMENT BET-
WEEN THE CITY OF WEST COVINA AND CVP HOMES,
LLC, FOR A PORTION OF THE SURPLUS PROPERTY
KNOWN A THE AROMA BALLFIELD
Motion by Wong and seconded by Howard to waive further
reading of the resolution and adopt.
Upon request by Mayor Pro Tem Melendez, Public
Services Director Collier addressed the issue of traffic on Galster
Way to Aroma Drive. Mayor Pro Tent Melendez explained the
prerogative of the owner to develop his land and that he is not
developing it to the maximum density allowed. In addition, the
developer is providing a park, an amenity not in the area at this
time. He concluded his remarks noting his support for the project.
Motion carried 3-1-1 with Touhey voting no and Herfert
abstaining.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
REDEVELOPMENT AGENCY The Redevelopment Agency agenda was considered earlier in the
meeting.
TAXABLE VARIABLE RATE DEMAND TAX ALLO-
CATION BONDS, SERIES 1999
Council reviewed the staff report. Councilmember Touhey stated
that he would abstain on this issue, due to conflict of interest laws.
City Clerk presented
Resolution 9718 - RESOLUTION NO. 9718 — A RESOLUTION OF THE
approving issuance of bonds CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING THE ISSUANCE OF BONDS BY THE
WEST COVINA PUBLIC FINANCING AUTHORITY AND
APPROVING THE BORROWING OF BOND PROCEEDS BY
THE REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA
Motion by Herfert and seconded by Wong to waive further
• reading of the resolution and adopt. Motion carried 4-0-1 with
Touhey abstaining (conflict of interest).
COMMUNITY SERVICES
PUBLIC SAFETY SERVICES
No reports for this meeting.
No reports for this meeting.
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Council Minutes 7/20/99
ADMINISTRATIVE SERVICES No reports for this meeting.
GENERAL ADMINISTRATION No reports for this meeting.
• APPROVAL OF DEMANDS Motion by Herfert and seconded by Wong to approve Demands
totaling $1,871,326.52 ($1,218,055.50 in wire transfers) as listed
on check registers #186654 through #186935. Motion carried by
roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey re Community Food Bank
Councilmember Herfert requested staff to report back to
him about Check No. 186719.
ORAL COMMUNICATIONS
Scott Heydenfeldt Scott Heydenfeldt, 1528 Norma Avenue, voiced two complaints to
Council as a limited service employee working through the
Community Services Department. He was under the impression
that he was to have received a raise as of July 1 and he didn't
receive it and that he would like the departmental policy of no
parking adjacent to the Shadow Oak Park facility. reversed.
City Manager Hobbs stated that the department director
would contact Mr. Heydenfieldt about his issues.
Michele Cosner Michele Cosner, 621 N. Maplewood Avenue, spoke on behalf of
her neighborhood group called the Vincent Avenue Action Group,
in opposition to "Moe" the chimpanzee remaining in the residential
area. She distributed information to the City Council, requesting
that they review it later. She spoke to this issue of fairness to the
animal, caged his whole life.
Assistant City Manager Fields responded, relating the steps
taken thus far in resolving the situation and what still needs to be
done.
Councilmember Touhey, referring to pictures submitted by
Ms. Cosner, wondered why code enforcement hasn't done some-
thing about the height of the fence. He asked staff to provide him
with copies of the checks from Moe's owners in relation to the
incident a couple of months ago when the chimpanzee got out. He
also referred to the other property owned by the Davis's (Moe's
owners). Public Services Director Collier responded to Council -
member Touhey.
Mayor Pro Tent Melendez felt staff has done a lot of work
on this. problem and requested staff to prepare a report and
agendize this for a future Council meeting.
Recess Mayor Howard called a recess at 11:39 pm. The City Council
reconvened at 11:47 pm with all members present.
• John Scheuplein John Scheuplein, 1520 Newcrest Drive, read a prepared summary
regarding his involvement, as well as others' involvement, with the
handling of some personnel issues involving past and current
employees of the City. He felt the City Council did not have all
the facts when they decided on the issue.
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Council Minutes 7/20/99
Royal Brown Royal Brown, 2153 Aroma Drive, took exception to the figures
presented by Mr. Rubens, attorney for the developer of the Aroma
Ballfield site.
Bill Robinson Bill Robinson, 1146 E. Louisa Avenue, referred to a Letter to the
Editor in the Tribune. The writer of the article stated that Mayor
• Pro Tern Melendez left his trash can out and code enforcement
didn't do anything about it.
Mayor Pro Tern Melendez responded that he took the
trashcan out before vacation and unfortunately his gardner did not
take the trash container back. He agreed that public officials abide
by the same rules as the rest of the community and maybe the more
neighborly thing for the article writer to have done was to take his
trash container in.
Councilmember Herfert commenced a discussion on the handling
of personnel issues, from his perspective, by reading a letter to the
Personnel Commission from the City Manager. He felt the letter
was disciplinary in nature. City Manager Hobbs stated his letter
was advisory in nature. Discussion ensued. Councilmember
Herfert then read a letter from the Personnel Commission re-
sponding to the City Manager's letter.
Councilmember Herfert continued. He asked several ques-
tions regarding actions and authority of the City Manager and the
City Attorney.
Mayor Howard read from a transcript of one of the Person-
nel Commission meetings at which Councilmember Herfert
instructed the Commission as to his interpretation of their role,
authority, and duties. She then reviewed the chain of command
and the functions of the Commission, all outlined in the Municipal
Code. She concluded by noting the inappropriateness of the
Personnel Commission pursuing an issue after it had been resolved
by the City Council.
Councilmember Wong noted that the four Personnel
Commissioners who signed the letter responding to the City
Manager were in the audience and he asked if there would be one
who would approach the podium to answer questions.
Both Commissioners Thrasher and Scheuplein responded to
questions of Council and made additional comments.
After further discussion, it became apparent that the issue at
hand involved a City employee backdating the postage meter to
mail out a sales tax return in order to meet a deadline. Once the
City Council learned of the matter, the City wrote to the Board of
Equalization, explained the situation and filed an amended tax
return. The Board of Equalization responded by extending the
filing period and waiving the penalty; however, interest was
imposed.
Councilmember Herfert asked several other questions revolving
around the City Attorney's authority and the City Manager's
authority. He expressed displeasure with the handling of the whole
situation.
MAYOR'S REPORT CITY COUNCIL SUBCOMMITTEE — VALENCIA HEIGHTS
Mayor Howard asked for Council's concurrence in extending the
ad hoc committee (Herfert and Howard) for another three months.
Council agreed.
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COUNCILMEMBERS' REPORTS
Councilmember Herfert reference the other two items listed on the
agenda for discussion:
• Legal Audit Status — The Finance Director stated that a report
would be forthcoming during the month of August.and that was
satisfactory.
Attorneys' Bills — Tying this into the Legal Audit was also
satisfactory.
ADJOURNMENT Mayor Howard asked for a motion to adjourn this silly meeting.
Motion by Wong and seconded by Touhey to adjourn the meeting
at 1:30 am. Motion carried 5-0.
Attest:
City Clerk Janet Berry
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