07-18-2017 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 18, 2017, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Corey Warshaw
Mayor Pro Tern Mike Spence
Councilman Lloyd Johnson
Councilmember James Toma
Councilman Tony Wu
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers
AMERICANS WITH DISABILITIES ACT
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.
AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue
South, West Covina and at www.westcovhta.ot_g. Any writings or documents regarding any item on this agenda,
not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours
before the meeting, will be made available for public inspection in the City Clerk's Office, Room 317 of City Hail
located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.
NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community
Development Commission, West Covina Public Financing Authority and the West Covina Community Services
Foundation are agencies on which the City Council serves as members. Agendas may contain items for these
boards, as necessary.
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 7/ MI/ WAS POSTED IN
ACCORDANCE F NTH THE 01/87 BROWN ACT AMENDMENT
fr--4 . OFFICE OF THE CITY CLERK
Tuesday July 18, 2017
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance Wo. 2150)
Any person wishing to address the City Council 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.
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 may he 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.
RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be
found at the end of agenda.
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Agenda material is available at www.westcovina.org
Tuesday July 18, 2017
AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 18, 2017, 7:00 PM •
REGULAR MEETING
INVOCATION
Led by Pastor Jim Brooking from West Covina United Methodist Church
PLEDGE OF ALLEGIANCE
Led by Councilman Wu
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Proclamation proclaiming July 2017 as Parks Make Life Better! Month
NAACP Award Presentation
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.
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Agenda material is available at www.westeovina.org
Tuesday July 18, 2017
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) -April 18, 2017 Regular City CouncillSuccessor Agency Closed Session Meeting
Minutes
-April 18, 2017 Regular City Council Meeting Minutes
-April 19, 2017 Special Community Budget Workshop Meeting Minutes
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denials
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
William Doovas vs. The City of West Covina
Ramon Rivera vs. The City of West Covina
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
3) Traffic Committee Meeting Minutes from June 21, 2017
It is recommended that the City Council receive and file the minutes of the Traffic
Committee meeting held on June 21, 2017.
INVESTMENT REPORT (receive & file)
4) City Investment Report for the Month Ended May 31, 2017
It is recommended that the City Council receive and file the Investment Report for the
month ended May 31, 2017.
5) Successor Agency Investment Report for the Month Ended May 31, 2017
It is recommended that the Chair and Board Members of the Successor Agency to the
former West Covina Redevelopment Agency, receive and file the Investment Report for
the month ended May 31, 2017.
CITY MANAGER'S OFFICE
6) Lease Agreement with West Covina Car Stop, LLC to Utilize the City Yard/Auto
Shop
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Tuesday July 18, 2017
It is recommended that the City Council take the following actions:
1) Concur the Planning Commission's determination that the project conforms with the
General Plan and that the project is exempt from the California Environmental Quality
Act (CEQA); and
2) Authorize the City Manager and City Attorney to negotiate a lease agreement between
the City of West Covina and West Covina Car Stop, LLC (dba Ford of West Covina) to
utilize the City Yard/Auto Shop for the repair of City and private vehicles.
7) Authorization to Purchase Property to Expand Cortez Park
It is recommended that the City Council take the following actions:
1) Authorize the City Manager to execute the documents necessary for the property
purchase of 2445 East Rio Verde Drive, West Covina, for the expansion of Cortez Park, at
a cost not to exceed $500,000; and
2) Adopt the following budget amendment resolution:
RESOLUTION NO. 2017-68 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (Cortez Park Expansion)
8) Closure of LA Works Joint Powers Authority
It is recommended that the City Council receive and file the informational report.
9) Approval of Professional Services Agreement with 5 Bars, LLC for Wireless
Telecommunications Facilities Consulting Services in the Public Right-of-Way and
City-Owned Buildings and Facilities
It is recommended that the City Council take the following actions:
1) Waive formal contract procedures, in accordance with Municipal Code Chapter 2,
Article VII, Division 2, Sec. 2-333 (i)(2), which states that when successful bidder for a
contract with another county, city, special district or other local agency makes the same
written bid to the city, and the purchasing officer finds that the other local agency
originally obtained the bid pursuant to formal contract procedures at least as rigorous as
those of the city, that the formal contract procedures may be waived; and
2) Authorize the City Manager, subject to City Attorney approval, to execute a
professional services agreement with 5 BARS, LLC for an initial term of five years (with
four renewals of five-years each tenn for a potential of 25 years) to provide wireless
telecommunications facilities consulting services in the public right-of-way and City-
owned buildings and facilities.
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Agenda material is available at www.westeovina.org
Tuesday July 18, 2017
10) Designation of Voting Delegate for League of California Cities 2017 Annual
Conference & Expo
It is recommended that the City Council designate Mayor Pro Tern Mike Spence as the
City's voting delegate for the League of California Cities 2017 Annual Conference &
Expo.
COMMUNITY AND ECONOMIC DEVELOPMENT
11) Renewal of SCORE Office Use Agreement
It is recommended that the City Council authorize the City Manager to execute a renewal
to extend the Office Use Agreement with SCORE Association.
12) Penske Audi Soundwall
It is recommended that the City Council take the following actions:
1) Authorize the City Manager to execute a fourth extension (180-day) to the Agreement
for Construction and Maintenance of a Soundwall between the City of West Covina
and P.T. Enterprises, LLC; and
2) Waive the Planning and Engineering entitlement/permit fees for the Penske masonry
wall.
COMMUNITY SERVICES DEPARTMENT
13) Citrus Valley Health Partners (CVHP) Lease Agreement for Use of the Former
Sunset Field
It is recommended that the City Council take the following actions:
1) Authorize the City Manager to execute a lease agreement, subject to minor revisions by
the City Attorney, with Citrus Valley Health Partners (CVHP) for use of the former
Sunset Field in the amount of $1,700 per month for an initial period of six (6) months
continuing month-to-month as needed to finalize the sale of the property; and
2) Adopt the following resolution:
RESOLUTION NO. 2017-75 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (Citrus Valley Health Partners Lease Agreement)
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Agenda material is available at www.westcavina.org
Tuesday July 18, 2017
HUMAN RESOURCES
14) Annual Premiums for Fiscal Year 2017-18 Excess General Liability, Excess
Workers' Compensation and Property Insurance with the Big Independent Cities
Excess Pool (BICEP)
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-74 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (Annual BICEP Premium)
POLICE DEPARTMENT
15) Private Grant (Kaiser Foundation Hospitals) for Police Explorers
It is recommended that the City Council take the following actions:
1) Accept the new $4,000 Kaiser Foundation Hospitals grant for West Covina Police
Department (WCDP) Explorers: and
2) Adopt the attached resolution authorizing the necessary budget amendments:
RESOLUTION NO. 2017-70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (Kaiser Grant for WCPD Explorers)
16) Supplemental Funding for Police Officer Bike Team Homeless Outreach Overtime
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Overtime for Bike Team Homeless Outreach)
PUBLIC WORKS
17) Accept Used Oil Payment Program Block Grant
It is recommended that the City Council take the following actions:
1) Accept Used Oil Payment Program Block Grant Cycle OPP7 in the amount of $30,029;
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Agenda material is available at www.westeovina.org
Tuesday July 18, 2017
and
2) Adopt the following resolution:
RESOLUTION NO. 2017-69 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Accept Used Oil Payment Program Block Grant Cycle Opp7)
18) Professional Services Agreement with Onward Engineering for the Design of Fiscal
Year 2016-17 Residential Streets Rehabilitation Program (Project No. SP-17029)
It is recommended that the City Council authorize the City Manager to execute a
professional services agreement with Onward Engineering in the amount of $37,664
including 10% contingencies for the design of Fiscal Year 2016-17 Residential Streets
Rehabilitation Program, Project No. SP-17029.
19) Acceptance of Public Improvements for Residential Streets Rehabilitation in
Community Development Block Grant (CDBG) Eligible Areas (Project No. SP-
17038)
It is recommended that the City Council take the following actions:
1) Accept the public improvements construction for Project No. SP-17038; and
2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3) Authorize release of retention funds 35 days after recordation of the Notice of
Completion.
20) Acceptance of Work for Installation of Catch Basin Inserts at Various Locations
(Project No. 17008)
It is recommended that the City Council take the following actions:
1) Accept work for installation of catch basin inserts for Project No. 17008; and
2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3) Authorize release of retention funds 35 days after recordation of the Notice of
Completion.
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw
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Agenda material is available at wwfv.westeovina.org
Tuesday July 18, 2017
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
21) Public Hearing Regarding West Covina Auto Plaza Business Improvement District
Fiscal Year 2017-2018 Annual Report and Assessment
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council adopt the following
resolution:
RESOLUTION NO. 2017-48 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT
FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT
AREA FOR FISCAL YEAR 2017-2018 AND LEVY OF ASSESSMENT
Motion by
adopt
second by
disapprove
hold over
22) Fiscal Year (FY) 2017-2018 Community Development Block Grant (CDBG) Action
Plan
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council take the following actions:
1) Approve the proposed Fiscal Year (FY) 2017-2018 CDBG Action Plan; and
2) Adopt the following resolution:
RESOLUTION NO. 2017-76 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (FY 2017-18 CDBG Action Plan)
Motion by
adopt
second by
disapprove
hold over
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Agenda material is available at www.westeovina.arg
Tuesday July 18, 2017
23) Public Hearing Regarding the Creation of District Boundaries for District Based
City Council Elections
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council hold a public hearing to
receive input from the community regarding the creation of City Council District
boundaries for District based City Council elections.
Motion by
to
second by
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
24) Unmanned Aerial Vehicles (Drones)
It is recommended that the City Council provide direction to Staff concerning
development of a City ordinance to regulate the use of Unmanned Aerial Vehicles
(drones).
Motion by
to
second by
CITY MANAGER'S OFFICE
25) Athens Services Rolling Contract Term Provision
It is recommended that the City Council discuss if it desires to exercise a notice of intent
to terminate the Athens Services 25-year rolling contract (evergreen) provision.
Motion by
to
second by
PLANNING DEPARTMENT
26) Consultant Services Agreement for the Preparation of a Transportation Impact Fee
Study
It is recommended that the City Council take the following actions:
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Agenda material is available at www.westeovitra.org
Tuesday July 18, 2017
1) Authorize the City Manager to execute an 18-month agreement with Economic and
Planning Systems, Inc. (EPS)/Stantec in the amount of $97,000 to provide consulting
services associated with preparing a transportation impact fee study to determine
appropriate fees; and
2) Adopt the following resolution:
RESOLUTION NO. 2017-73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDNENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30,
2018 (Transportation Impact Fee Study)
Motion by
adopt
second by
disapprove
hold over
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AS 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
MAYOR PRO TEM MIKE SPENCE
27) Request from Mayor Pro Tern Mike Spence Requesting the City Council Review
Costs and Benefits of the City's Membership with the League of California Cities
It is recommended that the City Council direct staff accordingly.
Motion by
to
second by
28) Request from Mayor Pro Tern Mike Spence Requesting the City Council Instruct
City Staff to Consider Applying for the Staffing for Adequate Fire and Emergency
Response (Safer) Grant
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
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Agenda material is available at www.westcovina.org
Tuesday July 18, 2017
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 08/15/2017 6:00 PM
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 shall preserve order and decorum, and a member shall neither,
by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any
member while speaking or refuse to obey the orders of the council or its presiding officer, except as
otherwise herein provided.
(b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the
orderly conduct of the meeting. For the purposes of this code, "willfully disrupt" includes, but is not limited
to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a
violation of the law:
a. Addressing the Mayor and City Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council.
c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.
e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council
member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a
council member or a staff member.
As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff
member, or shouting over or attempting to shout over the Mayor, a council member, or a staff
member. Nothing in this section or any rules of the council shall be construed to prohibit public
criticism of the policies, procedures, programs, or services of the City or of the acts or omissions
of the City Council. It shall be unlawful to violate the provisions of this Section.
If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City
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Tuesday July 18, 2017
Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been
declared invalid or unconstitutional.
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.
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Agenda material is available at www.westcovina.org
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 18, 2017, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGERS CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Corey Warshaw
Mayor Pro Tern Mike Spence
Councilman Lloyd Johnson
Councilmember James Toma
Councilman Tony Wu
Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444
W. Garvey Avenue South, 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
Thursday 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.
AGENDA
ROLL CALL
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING 0F7 /107 WAS POSTED IN
ACCORDANcE voTH THE 01/87 BROWN ACT AMENDMENT
Tuesday July 18, 2017
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018
Agency Negotiator: Freeland, Hall Barlow, Morales
Negotiating Parties: S ingpoli
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Freeman, etal. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738)
Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990)
Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-
MRW)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9(d)(2)
Number of Cases: Two (2)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Sahagun, Hall Barlow
Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid-Management Employees
- W.C. Police Officers' Association - W.C. Police Management Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
Unrepresented Employee Group
- Department Heads
ADJOURNMENT
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Agenda material is available at www.westeovina.org