Monday, December 14, 2009

Special Meeting of the Monrovia City Council for December 15, 2009

Monrovians - Unite!  Even though a meeting might be held in closed session, this does not mean that citizens are prevented from letting their views be known to the City Council on issues discussed in private by the Council.  Indeed, some of these issues may be extremely important to us, as they can result in large money judgments, the payout of millions of dollars in settlement or purchases of real property, etc.

SPECIAL MEETING
of the
MONROVIA CITY COUNCIL
City Council Chambers
415 South Ivy Avenue
Tuesday, December 15, 2009, 5:30 P.M.

CLOSED SESSION
Conference with Legal Counsel, Existing Litigation Pursuant to Government Code, section 54956.9:

1.  Tomovich and Associates vs. City of Monrovia, Case No. BC 408732.



Publicly Available Information Regarding this Lawsuit:


Filing Date: 03/02/2009
Case Type: Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
Status: Pending


Future Hearings04/15/2010 at 08:30 am in department 56 at 111 North Hill Street, Los Angeles, CA 90012
Final Status Conference
04/26/2010 at 09:30 am in department 56 at 111 North Hill Street, Los Angeles, CA 90012
Jury Trial ( 5-7 days)





Documents Filed | Proceeding Information
Parties

DOES 1 TO 99 - Defendant/Respondent
KAMINE BERNARD S. - Attorney for Plaintiff/Petitioner
MONROVIA CITY OF - Defendant/Respondent
ROBERT J. GOKOO - Attorney for Deft/Respnt
TOMOVICH & ASSOCIATES - Plaintiff/Petitioner





Case Information | Party Information | Proceeding Information
Please make a note of the Case Number.


If this link fails, you may go to the Case Document Images site and search using the case number displayed on this page.

Documents Filed (Filing dates listed in descending order)

11/30/2009 Stipulation and Order (TO CONTINUE TRIAL )
Filed by Attorney for Plaintiff/Petitioner
07/30/2009 Notice (OF MEDIATION PERIOD, FINAL STATUS CONFERENCE AND TRIAL DATE )
Filed by Attorney for Plaintiff/Petitioner
07/13/2009 Statement-Case Management
Filed by Attorney for Deft/Respnt
07/13/2009 Statement-Case Management
Filed by Attorney for Pltf/Petnr
07/02/2009 Notice ( of CMC )
Filed by Attorney for Pltf/Petnr
06/25/2009 Notice-Case Management Conference
Filed by Clerk
05/19/2009 Notice ( of taking DEMURRER Off-calendar )
Filed by Attorney for Pltf/Petnr
04/30/2009 Demurrer ( to ANSWER )
Filed by Attorney for Pltf/Petnr
04/22/2009 Answer to Complaint
Filed by Attorney for Deft/Respnt
04/10/2009 Proof-Service/Summons
Filed by Attorney for Pltf/Petnr
03/02/2009 Complaint





Case Information | Party Information | Documents Filed


Proceedings Held (Proceeding dates listed in descending order)


12/10/2009 at 08:30 am in Department 56, Jane Johnson, Presiding
Conference-Post Mediation Status - Completed
11/30/2009 at 08:30 am in Department 56, Jane Johnson, Presiding
Conference-Post Mediation Status - Continued by Plaintiff
07/28/2009 at 08:30 am in Department 56, Jane Johnson, Presiding
Conference-Case Management - Trial Date Set
05/26/2009 at 08:32 am in Department 56, Jane Johnson, Presiding
Hearing on Demurrer ( To Answer) - Off Calendar



Business Categories
Sewer Contractors in Pico Rivera, CA
Highway/Street Construction*, Water & Sewer System Construction

Tomovich & Assoc Business Information



Tomovich & Assoc is a private company categorized under General Contractor, Highway and Street Construction and located in Pico Rivera, CA. Current estimates show this company has an annual revenue of $500,000 to $1 million and employs a staff of approximately 1 to 4.

On May 1, 2007, the City Council awarded a contract to Tomovich & Associates:
2007 Sewer Main Replacement, Project No. C2981; Award of Contract to Tomovich and Associates in the Amount of $287,620.00.  A copy of the video of that meeting onYoutube may be found here.  Starts at about 1:16:30 and runs through 1:22 .
It is unclear whether or not this is the contract that is the subject of this lawsuit.  Tomovich was the low bidder on this project.  It is unclear whether or not they will remain the low bid after the city pays for the defense of this lawsuit.
Tomovich & Associates has contracted with numerous city governments in Southern California to provide sewer services.


2.  Labor Negotiations.
Conference with Labor Negotiator Pursuant to Government Code, section 54957.6,
City Negotiator Theresa St Peter, All Groups

3.  Worker's Compensation Claim - Sergio Bostick vs. City of Monrovia.


Sergio Bostick has sued the City of Monrovia, and various city employees, at least twice.  Based on the title of this claim, this appears also to be a worker's compensation claim.  Is this item correctly identified?  Is there a worker's compensation claim in addition to the Fair Labor Standards Act claims?




Plaintiffs:
Sergio Bostick and Patty Newton
Defendants:
City of Monrovia and Does

Case Number:
2:2008cv01868
Filed:
March 19, 2008

Court:
California Central District Court
Office:
Western Division - Los Angeles Office [ Court Info ]
County:
Los Angeles
Presiding Judge:
George H Wu
Referring Judge:
Frederick F. Mumm

Nature of Suit:
Labor - Fair Labor Standards Act
Cause:
29:201 Fair Labor Standards Act
Jurisdiction:
Federal Question
Jury Demanded By:
None


Prior lawsuit by Sergio Bostick vs. City of Monrovia:




Sergio Bostick et al v. City of Monrovia et al

Plaintiffs:
Sergio Bostick and Patty Newton
Defendants:
City of Monrovia and Does

Case Number:
2:2008cv01868
Filed:
March 19, 2008

Court:
California Central District Court
Office:
Western Division - Los Angeles Office [ Court Info ]
County:
Los Angeles
Presiding Judge:
George H Wu
Referring Judge:
Frederick F. Mumm

Nature of Suit:
Labor - Fair Labor Standards Act
Cause:
29:201 Fair Labor Standards Act
Jurisdiction:
Federal Question
Jury Demanded By:
None


Pasadena Star News article published March 13, 2009:



Monrovia faces new lawsuit by police officer
Another officer has filed a harassment lawsuit against the city, claiming he was retaliated against by the police chief and other supervisors for cooperating with investigations into alleged police misconduct.
The federal lawsuit, brought by Monrovia Police officer Sergio Bostick, marks the fifth legal action taken against the police department alleging harassment or discrimination by police officials since 2005.
"Unfortunately the city of Monrovia has had quite a bit of litigation going," said Sanjay Bansal, an attorney with Lackie, Dammeier & McGill, an Upland law firm representing Bostick. "Officer Bostick has suffered retaliatory action due to his outspoken behavior and this type of retaliation that the department has engaged in at the behest of the Chief is par for the course."
Mayor Rob Hammond declined to comment for this story. Police Chief Roger Johnson did not return a call requesting comment.
Sergio Bostick filed the suit on Feb. 17 against the city, Monrovia Police Chief Roger Johnson, and two other police officials. In his complaint, Bostick claims he was harassed and passed up for promotions after testifying in another harassment lawsuit against the department brought by Michael Solarez, a former officer.
Solarez sued the department in 2005 alleging that police leaders harassed him after they discovered that he was gay. The city settled the lawsuit in 2007 for $242,500 and admitted no liability.
In 2006, Glenn Cobb, an African-American former officer, sued the department and alleged that he was harassed and discriminated against because of his race. The city again settled the lawsuit and paid Cobb $125,000. Cobb will also collect more than $30,000 per year in retirement benefits for the rest of his life under the settlement.
The next lawsuit against the department came in 2008 when a former jailer and police explorer claimed he was repeatedly harassed and sexually abused by police Sgt. Daniel Verna.
The plaintiff, Rudy Ramirez, said police officials did nothing to stop repeated sexual abuse and harassment from Verna and covered up a 2006 incident in Fish Canyon where Verna was found by Sheriff's deputies inside a parked car with a known gang member. Verna and the alleged gang member were detained but Verna was not booked.
A fourth officer, Matthew Thompson, sued the department last year, claiming he was harassed for cooperating in Cobb's lawsuit. That case is still in court.
Bostick's lawsuit alleges that he was harassed and passed up on a promotion to sergeant after he testified in Solarez's case and asked questions about the incident in Fish Canyon.
Chief Johnson "made demeaning remarks and expressed anger towards Bostick" after he spoke with other officers about the Fish Canyon incident, the lawsuit alleges. He said he was told by Johnson several times to "let go" of the incident and that the department attempted to "stonewall" any investigation into wrongdoing by Verna.
Complaints of rampant harassment in the department prompted the city to hire a contractor in 2006 to investigate accusations made against Johnson. Private investigator Steve Stavely, the former Police Chief of La Habra, interviewed dozens of officers and concluded that the accusations were unfounded.


To see a pdf copy of the allegations in one of the federal complaint filed in February of 2009,  click here
Remember that these are mere allegations, and we do not have a copy of the Answer, nor have any of the allegations been proven at this time.  This is provided merely for informational purposes.



4.  Conference with Real Property Negotiator Pursuant to Government Code, section 54956 8,
475 E. Duarte Road,
1616 S. California
1620 S. California

Agency Negotiators:  Scott Ochoa and Craig A Steele,
Negotiating Parties:  Metro and Monrovia Redevelopment Agency,
Under Negotiation:  Price and Terms of Payment

1616 and 1620  S. California:



475 E. Duarte Road:


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