02-06-2018 - RegularWEVCON
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY FEBRUARY 06, 2018, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Mike Spence
Mayor Pro Tern Lloyd Johnson
Councilmember James Toma
Councilmember Corey Warshaw
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 0F2-/ Le/ IVNAS POSTED IN
ACCORD CE H THE 01187 BROWN ACT AMENDMENT
D
OFFI,3 OF THE CI LERK
Tuesday February 06, 2018
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: APN's: 8735-001-933, 8735-002-934
Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow
Negotiating Parties: M&A Gabaee
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1):
Briley v. City of West Covina (Los Angeles Superior Court Case No. BC630552)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9012)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Macias, Bresciani, Hall Barlow
Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid-Management Employees
- Non-Sworn - W.C. Police Management Association
- W.C. Police Officers' 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.westcovina.org
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
TUESDAY FEBRUARY 06, 2018, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Mike Spence
Mayor Pro Tern Lloyd Johnson
Councilmember James Tom
Councilmember Corey Warshaw
Councilman Tony Wu
Please turn offal! 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.
A GENDA 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.westeovina.orz. 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 Cleric's Office, Room 317 of City Hall
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.
(
OFFICE 'OF THE CrlY CLERK '
I CEFMFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 2. ge II &INAS POSTED IN
ACCORDA4CE 1)(ITH THE 01/87 BROWN ACT AMENDMENT
Tuesday February 06, 2018
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCA1C 2-48, Ordinance No. 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 be limited to thirty (30) minutes, unless speakers addressing agenda items have
not concluded.
Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.
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 wilvIv.westeavina.org
Tuesday February 06, 2018
AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
TUESDAY FEBRUARY 06, 2018, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Community Relations Pastor at Faith Community Church & West Covina Police
Chaplain Kelly Dupee
PLEDGE OF ALLEGIANCE
Led by West Covina Boy Scout Troop #433
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Introduction of Assistant Fire Chief Vincent Capelle
Tribute to 40th President of the United States Ronald Reagan on the Anniversary of his
107th Birthday
Proclamation proclaiming February 8, 2018 as National Boy Scout Day & Recognizing
the 60th Anniversary of West Covina Boy Scout Troop #433
Recognition of $3.99 Pizza on their 25th Anniversary in Business in the City of West
Covina
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Tuesday February 06, 2018
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.
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) -October 3, 2017 Regular City Council Closed Session Meeting Minutes
-October 3, 2017 Regular City Council/Successor Agency/West Covina Community
Services Foundation Meeting Minutes
-October 7, 2017 Special - City Council District Formation Workshop Minutes
-October 12, 2017 Special - City Council District Formation Workshop Minutes
-October 17, 2017 Regular City Council/Successor Agency Closed Session Meeting
Minutes
-October 17, 2017 Regular City Council Meeting Minutes
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) November 15, 2017 Community and Senior Services Commission Meeting Summary
of Actions
INVESTMENT REPORT (receive & file)
3) City Investment Report for the Month Ended December 31, 2017
It is recommended that the City Council receive and file the Investment Report for the
month ended December 31, 2017.
4) Successor Agency Investment Report for the Month Ended December 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 December 31, 2017.
CITY ATTORNEY'S OFFICE
5) Modified Ownership Covenant for Auto-Mall Properties
It is recommended that the City Council approve the Reaffirmed and Restated Ownership
Covenant and Equitable Servitude, modifying the covenant which was recorded
November 12, 2014, regarding ownership of 1900, 1932 and 2000 E. Garvey Avenue
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Tuesday February 06, 2018
South, West Covina, California ("the Auto-Mall properties").
6) Charter Spectrum Network Improvement
It is recommended that the City Council authorize the City Manager, or his designee, to
sign the Service Order Amendment with Charter Spectrum to combine inteniet network
connections for the City Hall Building and the Police Department Building.
CITY CLERK'S OFFICE
7) Destruction of Documents as Prescribed by Law
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-09 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN DOCUMENTS AS PRESCRIBED BY LAW
CITY MANAGER'S OFFICE
8) City Council Goals & Objectives for Fiscal Year 2017-18
It is recommended that the City Council receive and file this informational report.
COMMUNITY AND ECONOMIC DEVELOPMENT
9) Penske Audi Soundwall
It is recommended that the City Council authorize the City Manager to execute an
- extension (120-day) to the Agreement for Construction and Maintenance of a Soundwall
between the City of West Covina and P.T. Enterprises, LLC.
FINANCE DEPARTMENT
10) Extension of Letter of Credit for the West Covina Public Financing Authority
Variable Rate Demand Lease Revenue Refunding Bonds, Series 2013A
It is recommended that the City Council take the following actions:
1) Authorize the execution of amendments to the Reimbursement Agreement and to the
Letter Agreement, both between the City and the Bank of the West, to extend an existing
letter of credit supporting the West Covina Public Financing Authority Variable Rate
Demand Lease Revenue Refunding Bonds, Series 2013A; and
2) Authorize the City Manager to execute all necessary documents by adopting the
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Agenda material is available at tovw.westcovina.org
Tuesday February 06, 2018
following resolution:
RESOLUTION NO. 2018-06 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF AN AMENDMENT NO. 1 TO REIMBURSEMENT
AGREEMENT AND AN AMENDMENT NO. 1 TO LETTER AGREEMENT, EACH
RELATING TO THE WEST COVINA PUBLIC FINANCING AUTHORITY
VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2013A (COMMUNITY
CENTER PROJECT) AND THE TAKING OF CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
11) Fiscal Year 2018-19 Budget Process
It is recommended that the City Council receive and file this report.
HUMAN RESOURCES
12) State Minimum Wage Salary Adjustments
It is recommended that the City Council take the following actions:
1) Approve wage adjustments to five limited service positions to bring them into
compliance with the State's minimum wage requirement as of January 1, 2018; and
2) Approve wage adjustments to two limited service positions to address pay compaction
issues created by the State's minimum wage increase as of January I. 2018; and
3) Approve the deletion of Recreation Assistant from the Limited Services Pay Schedule
due to the operational obsolescence of the position; and
4) Adopt the following resolution:
RESOLUTION NO. 2018-10 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA. ADJUSTING THE HOURLY PAY RATES
OF CLASSIFICATIONS WITHIN THE LIMITED SERVICES PAY SCHEDULE AND
AMENDING RESOLUTION NO. 2016-90
PUBLIC WORKS
13) Award of Contract for Cameron Avenue Pavement Rehabilitation Project (Federal
Project No. STPL-5259 (028)/City Project No. SP-17003)
It is recommended that the City Council authorize the City Manager to execute an
agreement with Hardy & Harper, Inc. of Santa Ana, California in the amount not to
exceed $721,600 (which includes contingencies in the amount of $65,600) for the
construction of Cameron Avenue Pavement Rehabilitation project.
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Agenda material is available at www.westcovina.org
Tuesday February 06, 2018
14) Adopt Resolution Declaring Intention to Vacate South Armel Drive
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-04 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS SOUTH
ARMEL DRIVE BETWEEN WEST ROWLAND AVENUE AND EAST ECKERMAN
AVENUE, PURSUANT TO STREETS AND HIGHWAYS CODE, SECTIONS 8300 ET
SEQ.; DIRECTING THE CITY CLERK TO ADMINISTRATIVELY SET THE
HEARING DATE, TIME, AND PLACE; AND TO PUBLISH AND POST REQUIRED
NOTICES
15) Acceptance of Foothill Transit Grant for Bus Stop Enhancement Program
It is recommended that the City Council take the following actions:
1) Accept Foothill Transit's Bus Stop Enhancement Program (BSEP) Grant for Fiscal
Year 2017-18 in the amount of $200,000; and
2) Authorize the City Manager to sign an agreement with Foothill Transit for installation
of bus stop improvements at two locations in the City; and
3) Establish City Project No. SP-18035 for Vincent Avenue Bus Stop Enhancement
Project and appropriate $200,000 of the BSEP Grant to Account No. 160.80.7003.7900;
and
4) Adopt the following resolution:
RESOLUTION NO. 2018-07 - 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 (Vincent Avenue Bus Stop Enhancement Project)
16) Release of Faithful Performance and Warranty Cash Deposit for Precise Plan No.
16-01 - Tacos El Gavilan
It is recommended that the City Council accept all on-site and off-site improvements for
Precise Plan No. 16-01 located at 101 South Azusa Avenue and authorize release of the
Faithful Performance and Warranty Cash Deposit in the amount of $138,454.
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Agenda material is available at WWW.Ivesteovitta.org
Tuesday February 06, 2018
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Johnson, Toma, Warshaw, Wu, Spence
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
17) Code Amendment No. 16-02
Temporary Signs
General Exemption - CEQA
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
I) Recommendation: It is Planning Commission and staffs recommendation that the City
Council:
1) Find the proposed code amendment categorically exempt from the California
Environmental Quality Act; and
2) Introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 2332 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, TO AMEND CHAPTER 26, ARTICLE VII OF
THE WEST COVINA MUNICIPAL CODE RELATING TO SIGNS
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
18) Report on Impacts of District Elections on Municipal Code and Election Process
It is recommended that the City Council consider this report, determine whether code
changes are required, and direct staff accordingly.
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Agenda material is available at www.westcovina.org
Tuesday February 06, 2018
Motion by
to
second by
19) Addition of Chapter 19-14 (Unlawful Camping and Storage of Personal Property) of
Title 19 (Streets, Sidewalks and Public Places) of the West Covina Municipal Code
Regarding Camping and Storage of Personal Property in Public Places
It is recommended that the City Council take the following actions:
1) Introduce the following proposed regular ordinance for its first reading to be read by
title only and waive further reading:
ORDINANCE NO. 2334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 19-14 (UNLAWFUL
CAMPING AND STORAGE OF PERSONAL PROPERTY) OF TITLE 19 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE
REGARDING CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC
PLACES
2) Present the following proposed urgency ordinance to be introduced and adopted
effective immediately. Adoption of the urgency ordinance is recommended to cover the
period between first reading of the proposed regular ordinance and its anticipated effective
date:
ORDINANCE NO. 2333 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 19-14
(UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF TITLE
19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA
MUNICIPAL CODE REGARDING CAMPING AND STORAGE OF PERSONAL
PROPERTY IN PUBLIC PLACES
second by
disapprove
hold over
PUBLIC WORKS
20) Award of Contract for the Installation of Electric Vehicle Charging Stations -
Project No. GP-17002
It is recommended that the City Council take the following actions:
1) Authorize the City Manager to execute a contract with Urban Professional Builders,
Inc. in the amount not to exceed $101,640 (which includes contingencies in the amount of
$9,240) for the installation of Electric Vehicle (EV) Charging Stations at various
locations; and
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Agenda material is available at www.westcovina.org
Motion by
adopt
Tuesday February 06, 2018
2) Adopt the following resolution:
RESOLUTION NO. 2018-03 - 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 (Installation of Electric Vehicle Charging Stations)
Motion by
adopt
second by
disapprove
hold over
MAYOR/COUNCILMEMBERS REPORTS
MAYOR MIKE SPENCE
21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position
Opposing SB 827 (Wiener)
It is recommended that the City Council discuss whether or not to take a formal position
opposing Senate Bill (SB) 827 and direct staff to send a letter to the authors, as well as our
local legislators, if a formal position is taken.
Motion by second by
to
AB1234 Conference and Meeting Report (verbal, i [any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4f- 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)
COUNCILMAN TONY WU
22) Request from Councilman Tony Wu for City Council to Discuss Establishing a
Friendship-City Relationship with Fushun, China
It is recommended that the City Council discuss establishing a friendship-city relationship
with Fushun. China and provide direction accordingly.
Motion by second by
to
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Tuesday February 06, 2018
COUNCILMEMBER JAMES TOMA
23) Request from Councilmember James Toma Requesting the City Council's
Consensus to Direct the City Clerk's Office to Timely Post Campaign Disclosure
Reports on the City's Website
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 02/20/2018 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.
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Tuesday February 06, 2018
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.
f. 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
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.ivestenvina.org