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Mountain Views News Saturday, November 13, 2010
City Manager’s Report:
MFA Lawsuit Presented in Curious Fashion
This week, we received
notification from the Monrovia
Patch.com website that the
president of the Monrovia
Firefighters' Association (MFA)
was planning on suing the City
of Monrovia. Interestingly, the
City has not been served with
the lawsuit despite its being filed
two months ago. And while
the plaintiff has, I believe, 120
days to serve us, preemptively
leaking it to the press seems a
bit melodramatic.
The plaintiff's attorney leaked
the news of the lawsuit
after being contacted by the
Monrovia Patch.com editor
about a separate case (another
discrimination lawsuit he is
handling, brought by a former
Fire Department employee).
The City will defend both
lawsuits, regardless of these
sensationalistic tactics.
Allegations of discrimination
are serious, no doubt.
Still this set of circumstances
does raise some valid questions,
such as, "What is going on in the
Monrovia Fire Department?"
and "What was the D.A. inquiry
that was referenced all about?"
With kudos to Monrovia Patch.
com for presenting an even-
keeled overview of this situation,
about all I can say is that - in my
opinion - this is about control
over the Fire Department. Folks
have tried to make it about
safety (remember the fracas
over the grant-funded regional
procurement of firefighter
breathing apparatus?), but
couldn't; they've tried to make
it about ethics (the aborted D.A.
investigation), but couldn't. This
is about control and change
in organizational culture.
Thus, with apologies to the
community for the ignominy
of having this power-play play
out in public, all I can offer is
that sometimes these situations
simply need to work themselves
out.
As for the issue of the above
referenced D.A. investigation,
we received a letter in February
2010 from the D.A.'s Public
Integrity Unit stating that they
had opened an investigation
as to whether Fire Chief Chris
Donovan and Battalion Chief
Chris Fabrizio were illegally
receiving certification pay of
$100 and $50 per month for
a period of 10 and 8 months
respectively. The pay is in
reference to training certificates
that both men possess.
By way of background, in
the previous Memorandum
of Understanding (MOU)
negotiation with the MFA,
the City agreed to pay Fire
personnel for such training
certificates, similar to what
police personnel have enjoyed
for years (the "POST certificate"
pay). The alleged illegality of
this situation stems from the
fact that the City paid both the
Chief and Battalion Chief for
the Chief Officer certificates
they possessed, even though
such "cert pay" was not directly
discussed in the management
and mid-management
employee MOUs (which cover
all management employees,
sworn and non-sworn alike).
Instead, relying on past practice
(which is common, appropriate
and lawful in the realm of
employment law) the City's
position has historically been
that whatever benefits were not
specifically mentioned in the
management employee MOUs
- but were covered in the Fire
and Police MOUs - would be
applied to appropriate sworn
public safety employees. To
be clear: the violation was not
that paying Fire Chiefs and
Battalion Chiefs was wrong; but
rather, that the management
MOUs did not say that Fire
management employees (or
Police management employees,
for that matter) were eligible for
such pay.
The D.A.'s office acknowledged
that this was a "technical
violation," but argued that
they had to examine this
matter strictly from a criminal
law standpoint, not a civil
employment law perspective.
Thus, in April 2010 the City
Council approved revised
management and mid-
management MOUs that
specifically authorized such cert
pay; Chief Donovan, Battalion
Chief Fabrizio - as well as two
other Battalion Chiefs who were
not named in the complaint
- repaid the small amount
of certification pay they had
received; and the D.A.'s office
closed the case.
One detail that stuck out in
the Monrovia Patch.com story
was, "Why did Chief Donovan
and Battalion Chief Fabrizio
voluntarily stop receiving the
cert pay - was it some tacit
admission of guilt?" Hardly. The
MFA raised the issue previously
with the City's Department of
Human Resources. The Human
Resources Director advised the
MFA representatives that the
City has long relied on the past
practice of having sworn safety
management employees follow
their respective department
employees' MOUs. Still, when
Donovan and Fabrizio were
advised of the union's protest,
both men voluntarily offered to
forgo the pay - the grief simply
wasn't worth $100 or $50 per
month. Yet, as the saying goes,
no good deed goes unpunished.
All this said, I have hope -
indeed I have to have hope - that
better times lie ahead. In this
country - and certainly in this
organization - men and women
have the right to complain,
protest, argue and beef about
issues they believe are unfair,
and to do so without fear of
retribution or retaliation. At
the same time, if the situations
change and the people change
and issues change over the
years, but the rant from a small
group of individuals remains
the same, then I do believe that
folks will eventually have to
open their eyes and try to make
the best out of a given situation
- even if it means compromising
and not getting everything they
want.
Increased Wildlife Sightings
Just an FYI that we have
experienced an uptick in wild
animal sightings over recent
weeks. If you see bears, mountain
lions or coyotes exhibiting
aggressive or nuisance behavior,
please contact the Police
Department's Animal Control
officers. Also, please keep in
mind the new animal control
regulations that were recently
adopted by the City Council -
especially those concerning the
feeding of wild animals. Help us
help the animals!
IT’S RUBBER DUCKY TIME!
Want to adopt a duck? A rubber duck, that is. The Santa
Anita Family YMCA is gearing
up for its annual Rubber Duck
Dunk fundraiser. Funds raised
will benefit The Y’s Youth and
Government program to help offset
travel costs to Sacramento for local
teen delegates to the YMCA Model
Legislature and Model Court in
February.
Ducks are available for
adoption for $5 each. On Saturday,
Nov. 20, beginning at 2 p.m. all adopted ducks will get
tossed in the swimming pool at The Y and lucky ducks –
those that are randomly plucked from the water – will win
valuable prizes for their adoptive “parents”. Winners not
need be present.
More than 25 prizes will be given away, including
a 30-day fitness package including personal training,
nutrition, counseling and personalized fitness plan, and a
one night’s stay at Embassy Suites.
Helping to sponsor the event are the Montgomery
Family, Realtor Donna Baker, and New Life Evangelistic
Church.
The Santa Anita Family YMCA serves the cities of
Arcadia, Bradbury, Duarte and Monrovia, offering dozens
of sports programs, exercise classes and activities on a
member and non-member basis for children, teens, adult,
seniors and people with special needs.
For more information about The Y or to “adopt a duck,”
call (626) 359-9244 or visit the website at www.ymcala.org
VOLUNTEER OPPORTUNITIES
If you are looking for a second career or wishing you could do more for
Monrovia -- Now is your chance!
The City is looking for volunteers willing and able to join City staff in
serving the community. If you have good clerical, computer and/or people
skills, are interested in teaching or working with families and children, or
if you have special or professional skills -- give us a call!
Volunteers will receive training and work alongside City staff. Examples
of opportunities available in all City departments include:
Community Development Code Enforcement and Neighbor-to-Neighbor
Mediation
Finance and Human Resources research and office-related projects
Fire Department brush clearance and hillside monitoring
Library mending and shelving books; assisting patrons
Police Department clerical, receptionist, Citizens Patrol (must be 50 or over)
Public Works clerical and general data input; Producer for programs to be
aired on cable television; Disability Compliance Resource Person; Outdoor
education programs at Canyon Park; Trail maintenance and construction,
and general park maintenance
Recreation special events and senior programs
Office related assistance
Coach and referee
For more information call the Job Line at (626) 932-5592,
FRIENDS OF THE MONROVIA PUBLIC LIBRARY
November Saturday to Saturday Sale
MONROVIA - Friends of the Monrovia Public Library announce the
Friends November “Saturday to Saturday” monthly sale, November 13-
20, 2010. To celebrate a successful year and thank our customers, this
is a “Half-Price Thank You Sale.” All hard cover and trade paperback
books in the Friends Store at the Monrovia Public Library will be half-
priced. Books normally selling for $2 will be $1 during the sale. Shelves
will be restocked daily giving all customers an opportunity to find
excellent bargains. 100% of the proceeds benefit the Monrovia Public
Library.
Holiday books will be on display beginning November 29! Think
devotional along with party planning, decorating, and cooking. The
collection is large and varied. We also have lots of children’s holiday
related story books both religious and secular!
In fact, do some holiday shopping when you visit the store. A limited
number of mugs displaying Lynn Fearman’s lovely library image are still
available for $10. When the supply is gone, these become a collectable.
Give a neighbor the Monrovia history published by the Monrovia
Historical Society – just $20. Use “book bucks” as gifts for neighbors
and teachers. These are sold in bundles of $7 worth of vouchers to use
in the store for just $5 – a 40% discount and there’s no expiration date!
They can be used for any purchases in the store. Or, make a selection
of current, clean copies of popular and interesting books. Even at
the regular price of $2 for hard cover and trade paperbacks, they’re a
bargain.
The Friends of the Monrovia Public Library promote the Library by
stimulating a greater use and appreciation of the literary, educational,
and cultural advantages the library offers throughout the community.
Monrovia Public Library 321 South Myrtle Avenue, Monrovia, CA
91016. For more information, call (626) 932-5555, Ext. 3124 or visit www.
friendsofmonroviapubliclibrary.org
Monrovia Police Blotter
During the last seven day period, the Police Department handled
536 service events, resulting in 81 investigations. Following are the
last week's highlighted issues and events:
Residential Burglary
On October 29 at 1:42 p.m., an officer was dispatched to the 300
block of Beechworth Avenue on the report of a burglary. The
victim left his garage door open. The suspect took gardening
equipment from inside and then fled the area.
Bear Incident
On October 30 at 3:12 a.m., an officer responded to the 1000 block
of Norumbega regarding a bear incident. The bear had entered the
detached garage of a residence and forced entry into a refrigerator.
The bear took meat out of the refrigerator and left the location.
Grand Theft Auto Recovery
On October 31 at 4:39 a.m., an officer was patrolling in the
500 block of Sherman when he observed a suspicious vehicle
occupied by two subjects. The officer ran the vehicle's license
plate and discovered it was reported stolen out of San Dimas.
The officer arrested the person in the driver's seat and completed
an identification card on the passenger. It was later determined
the suspect had rented the vehicle and did not return it as agreed
upon. The owner then reported it stolen.
Driving Under the Influence
On November 2 at 2:11 a.m., an officer responded to the report
of a suspicious vehicle driving around the area of Bradbury and
Royal Oaks. The officer located and stopped a vehicle for traffic
violations that matched the description of the vehicle. The driver
was determined to be driving under the influence and was too
impaired to drive a motor vehicle safely. The driver was arrested
and taken into custody.
Robbery / Witness Intimidation / Drug Activity
On November 2 at 6:32 p.m., the victim of a strong-arm robbery
that occurred on Wednesday, October 27, called police. He
reported that he just seen the two suspects, who are known gang
members, on Duarte Road. He said they were threatening and
following him as he was walking down Duarte Road. Officers
responded and conducted an area search for the suspects. They
located four juveniles at an elementary school in Arcadia. One of
the juveniles was wanted for the strong arm robbery, and was also
found to be in possession of methamphetamine. He was arrested
for suspicion of robbery, possession of methamphetamine and
witness intimidation. A second juvenile suspect was arrested for
witness intimidation. The third juvenile attempted to run from
officers, and the forth was found to be in possession of marijuana;
both were arrested. The juvenile wanted in the robbery was
booked and taken to Eastlake Juvenile Hall. The other three were
cited and later released to their parents at the station.
Vehicle Burglary
On October 3 at 9:08 p.m., a vehicle burglary was reported
at a business in the 700 block of East Huntington. The suspect
smashed the window of the car and took items that were left
visible from outside the vehicle.
Vehicle Burglary
On October 3 at 10:17 p.m., a vehicle burglary was reported that
occurred during the evening hours of October 2. The crime
occurred in the 200 block of North Primrose.
Hillside Wilderness Preserve and Hillside Recreation Area Resource Management Plan:
Notice of Preparation of an Environmental Impact Report and Notice of Public Scoping Meeting
The City of Monrovia, as the Lead Agency
under the California Environmental Quality
Act (CEQA), will prepare a Draft Environmental
Impact Report (EIR) for the Wilderness
Preserve and Hillside Recreation Area Resource
Management Plan. This Notice was published in
the Monrovia Weekly on Monday, November 1,
2010, and noticed to residents within 500 feet of
the access points.
The Monrovia City Council adopted the Hillside
Wilderness Preserve and Hillside Recreation
Area Resource Management Plan (RMP)
on January 20, 2009, to guide the long-term
management for the Project Area. Subsequently,
the City Council repealed the original RMP
to permit additional environmental and
programmatic review. Since the repeal of the
original RMP, various recreational and fire-
safety related components have been added to
the RMP by the City. For this Project, it is the
intent of the City to evaluate the environmental
and community impacts of the proposed
additional Project components and make
the necessary policy choices to implement a
complete and final RMP.
It is anticipated that the City Council
will choose from various options ranging
from elements substantially similar to the
"minimalist" plan adopted in the original RMP
to additional uses of the Project Area. Because
the City is now completing an EIR rather than a
Mitigated Negative Declaration as completed for
the initial RMP, which was a "minimalist" plan,
the City is now considering all potential uses for
the area to ensure every potential opportunity
is evaluated. The analysis of various potential
Project elements does not mean that each or any
of those elements will be included in the RMP
that is ultimately adopted, but it does allow the
City to examine any of those potential uses in
the environmental review.
The City has prepared an Initial Study in
accordance with Section 15063 of the CEQA
Guidelines to determine if the Project would
have significant effects on the environment,
and to focus the analyses in the Draft EIR on
those issues determined to have the potential
for significant effects. As identified in the
Initial Study, the following environmental
issues listed will be addressed in the EIR:
Biological Resources, Hazards (Wildland Fires),
Public Services (Fire Protection), Noise, and
Transportation/Traffic.
Copies of all relevant material including the
previously adopted RMP and Initial Study are
available for review at the following locations:
Monrovia City hall - 415 South Ivy Avenue
Monrovia Community Center - 119 West Palm
Avenue
Monrovia Public Library - 321 South Myrtle
Avenue
City of Monrovia website: www.cityofmonrovia.
org
Responses and Comments
If you would like to submit written comments
on the NOP, please send them to:
April L. Soash, Director of Community Services
119 West Palm Avenue
Monrovia, CA 91016
Or via email at asoash@ci.monrovia.ca.us
Please be specific in your statements describing
your environmental concerns. As mandated by
state law, the public review period for the NOP
is to occur for at least 30 days. The public review
period will occur from November 4, 2010 to
December 10, 2010. Please submit your response
at the earliest possible date, but not later than
December 10, 2010.
Public Hearing Set for Dec. 14
November 8, 2010 – The City of Duarte is in
the process of completing a comprehensive
review and update of City service charges
and fees to be presented to the City Council
for consideration of adoption at a public
hearing set for Dec. 14.
Duarte’s last comprehensive service
charge update was completed in 2005.
The calculation of services charges is
based on the actual staff hours, supplies
and overhead related to the actual service
provided to the community. State law
requires that service charges not exceed the
actual cost of providing services. The list
of service charges and fees under review
include such things as rental charges for
use of the Community Center, garage sale
permits, dog and cat licenses, document
copy charges, construction and demolition
fees, and conditional use permits.
Cities may establish charges
for services through the adoption of
either ordinances or resolutions. For
ease of understanding and to enhance
transparency, Duarte gathers service
charges into a master schedule and adopts
them as part of a single resolution process.
This approach allows charges to be updated
in a less cumbersome fashion while
providing the general public opportunities
through the public hearing process to
address the council in person as well as to
submit comments in writing.
Reductions in traditional tax
revenues have made cities more dependent
on service charges for budget balancing.
The general public typically prefers that
people pay for the services they receive,
rather than fund these items through
higher taxes. When charges reflect actual
cost, market forces are brought into play,
making governments operate more like
businesses. For additional information
on City service charges, contact the
City of Duarte Administrative Services
Department at (626) 357-7931, ext. 211.
Duarte Council to Study City Service Charges
Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285 Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com
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