Posts
Monrovians Unite! Hopefully, no one will need this. If you do, wouldn't you prefer to have all the paperwork done before you head to the courthouse?
Friday, November 26, 2010
Friday, January 29, 2010
Eliminating Free Parking is Discriminatory Against the Poor
Monrovians Unite!
In today's Los Angeles Times (January 29, 2010), it is revealed that the Democratic Legislature in Sacramento has decided that there is too much traffic and pollution and so they want to stop poor people from driving!
Get it. There's just too much traffic, so we want to raise the price of owning a car, of driving it, of parking it so that certain people will be squeezed out and will take the bus, so those who can afford it won't have to fight for a parking spot. Who is it that will be squeezed out? Those who cannot afford to pay the price imposed by the new government regulations.
And what groups are most likely to be affected? The poor, and those not well connected.
Next thing you know, those who are politically connected will get some kind of government sticker allowing only them to park for free or at reduced rates. This will allow the Democratic controlled Legislature to say that they are "compassionate" and really care for the people who get the little green stickers - but only if the Legislature approves of you, so you better be good.
To encourage cities to go along with this plan to keep California's poor from exercising the same freedom that everyone else enjoys, the City Government will get a bribe - just the way that Nebraska and Louisiana received bribes if they went along with the health care bill. Brownie points for all kinds of government grants, more money for paid parking lots.
Too much congestion and pollution caused by those poor people. I don't see the fat cat Legislator that introduced the bill volunteering to give up his car because he's causing so much congestion and pollution. What arrogance to assume that the Legislature should determine who is worthy of driving a vehicle and who isn't. As usual, its easy to be politically correct when someone else is paying the bill - in this case the poor who are squeezed out of the parking place and into the bus, or who are forced to walk.
But wait, it gets even more absurd. Did you notice what the incentive is to get the city governments to impose parking fees - MORE MONEY TO BUILD PARKING STRUCTURES! So let's get this right. We're going to raise prices for parking (i.e., tax the people) to eliminate the problem caused by having too much parking - too many poor people causing "congestion and pollution" by driving their cars. To encourage the local government to do this, we're going to give them more money to build even more parking structures! This is idiocy, is it not?
Free parking is paid for by everyone in the community, whereas those squeezed out by paid parking are most likely to be THE POOR. Just another regressive policy that hurts the poor masquerading as "progressive" environmental policy - with the end result that we have even more government subsidized parking, more government control over how we use our freedom to travel, and less money in our pocket. If the problems caused by having parking available exceeds the value of the convenience of inexpensive parking, why are we going to build even more parking structures?
It isn't free parking that "causes congestion and greenhouse gas emission" - its the use of the automobile. I guess the Legislature thinks that congestion and greenhouse gases are perfectly acceptable so long as the poor pay even more taxes and everyone pays more for parking.
The question is, is the California Senate stupid or power hungry, or both, or did they just forget to read the bill?
Let's hope that the Monrovia City Manager and City Council don't take the bait and eliminate our free parking in order to get brownie points for grants for paid parking from the State of California.
In today's Los Angeles Times (January 29, 2010), it is revealed that the Democratic Legislature in Sacramento has decided that there is too much traffic and pollution and so they want to stop poor people from driving!
State lawmakers are taking aim at what some of them see as a menace to California's environment: free parking.
There is too much of it, the legislators say, and it encourages people to drive instead of taking the bus, walking or riding a bike. All that motoring is contributing to traffic jams and pollution, according to state Sen. Alan Lowenthal (D-Long Beach), and on Thursday he won Senate approval of a proposal he hopes will prompt cities and businesses to reduce the availability of free parking.
"Free parking has significant social, economic and environmental costs," Lowenthal said. "It increases congestion and greenhouse gas emissions."
Republicans opposed the measure, saying the Legislature should not be meddling in how much people pay to park.
"If local governments want to entice people to shop or do business in a particular area, that is entirely their business. Not the state's," said Sen. Tom Harman (R-Huntington Beach).
The bill, supported by the Natural Resources Defense Council (NRDC) and the Sierra Club, provides financial incentives for cities and counties to stop providing free parking on the street and at government offices and to reduce the amount they require businesses to provide.
Cities that take such action could get more state money for parking garages and transit programs and bonus points in competing for state grants.
When a store provides free parking, the cost to maintain, clean, insure, secure and light the parking lot is passed on to shoppers in higher prices for goods, said Justin Horner, an analyst with the NRDC. Free street parking is paid for by the entire community in the form of higher taxes, he said.
Lowenthal said that when businesses pay for their employees' parking, more of them drive to work.
"It's nice that we've been treated to this luxury," Lowenthal said. "The problem with free parking is it's not free."
Get it. There's just too much traffic, so we want to raise the price of owning a car, of driving it, of parking it so that certain people will be squeezed out and will take the bus, so those who can afford it won't have to fight for a parking spot. Who is it that will be squeezed out? Those who cannot afford to pay the price imposed by the new government regulations.
And what groups are most likely to be affected? The poor, and those not well connected.
Next thing you know, those who are politically connected will get some kind of government sticker allowing only them to park for free or at reduced rates. This will allow the Democratic controlled Legislature to say that they are "compassionate" and really care for the people who get the little green stickers - but only if the Legislature approves of you, so you better be good.
To encourage cities to go along with this plan to keep California's poor from exercising the same freedom that everyone else enjoys, the City Government will get a bribe - just the way that Nebraska and Louisiana received bribes if they went along with the health care bill. Brownie points for all kinds of government grants, more money for paid parking lots.
Too much congestion and pollution caused by those poor people. I don't see the fat cat Legislator that introduced the bill volunteering to give up his car because he's causing so much congestion and pollution. What arrogance to assume that the Legislature should determine who is worthy of driving a vehicle and who isn't. As usual, its easy to be politically correct when someone else is paying the bill - in this case the poor who are squeezed out of the parking place and into the bus, or who are forced to walk.
But wait, it gets even more absurd. Did you notice what the incentive is to get the city governments to impose parking fees - MORE MONEY TO BUILD PARKING STRUCTURES! So let's get this right. We're going to raise prices for parking (i.e., tax the people) to eliminate the problem caused by having too much parking - too many poor people causing "congestion and pollution" by driving their cars. To encourage the local government to do this, we're going to give them more money to build even more parking structures! This is idiocy, is it not?
Free parking is paid for by everyone in the community, whereas those squeezed out by paid parking are most likely to be THE POOR. Just another regressive policy that hurts the poor masquerading as "progressive" environmental policy - with the end result that we have even more government subsidized parking, more government control over how we use our freedom to travel, and less money in our pocket. If the problems caused by having parking available exceeds the value of the convenience of inexpensive parking, why are we going to build even more parking structures?
It isn't free parking that "causes congestion and greenhouse gas emission" - its the use of the automobile. I guess the Legislature thinks that congestion and greenhouse gases are perfectly acceptable so long as the poor pay even more taxes and everyone pays more for parking.
The question is, is the California Senate stupid or power hungry, or both, or did they just forget to read the bill?
Let's hope that the Monrovia City Manager and City Council don't take the bait and eliminate our free parking in order to get brownie points for grants for paid parking from the State of California.
Saturday, December 19, 2009
Monrovia Considers Paying for Ameri-Corps Salary - Associated with ACORN
Monrovians Unite! In the Monrovia Area Partnership (MAP) proposed budget for the December 15, 2009 City Council Meeting is a proposal to EXPAND the budget by paying for one-half of the NEW SALARY of an Ameri-corps employee, identified as a "Neighborhood Services Volunteer."
Paying a salary to a "volunteer" sounds a bit odd - or is it just the language that is being used that is odd in an attempt to avoid close scrutiny?
At page 86 of the Agenda Packet for December 15, 2009, can be found this entry for a proposed budget:
According to the December 9, 2009 Washington Examiner:
So, although I don't know yet whether or not this funding was approved, I hope that our City Officials keep a close eye on the money and dig deep to ensure that the "volunteer" our tax dollars are paying for is actually doing the work we want done in our community, and not violating federal or state laws.
Paying a salary to a "volunteer" sounds a bit odd - or is it just the language that is being used that is odd in an attempt to avoid close scrutiny?
At page 86 of the Agenda Packet for December 15, 2009, can be found this entry for a proposed budget:
MAP PERSONNEL
NEW Ameri-corp Co-Salary Quantity: 1 Cost: $9,500
According to the December 9, 2009 Washington Examiner:
Some of the problems that AmeriCorps grant recipients have had with complying with federal law are outlined in the Inspector General's website reports, here. The Executive Summary of one such report states, in part:Congressional investigators looking into the abrupt firing of AmeriCorps inspector general Gerald Walpin have discovered that the head of AmeriCorps met with a top aide to First Lady Michelle Obama the day before Walpin was removed.
According to Republican investigators, Alan Solomont, then the chairman of the Corporation for National and Community Service, which oversees AmeriCorps, had denied meeting with Jackie Norris, at the time the First Lady's chief of staff. But recently-released White House visitor logs show that Solomont met with Norris on June 9 of this year (as well as on two earlier occasions). President Obama fired Walpin on June 10 after an intense dispute over Walpin's aggressive investigation of misuse of AmeriCorps money by Obama political ally Kevin Johnson, the mayor of Sacramento, California.
The Office of Inspector General (OIG), Corporation for National and Community Service (Corporation), contracted with Cotton and Company LLP to perform agreed-upon procedures to assist the OIG in grant cost and compliance testing of Corporation-funded Federal assistance provided to The Research Foundation of the City University of New York (RFCUNY). The Corporation awarded two Education Award Program grants to RFCUNY that were categorized as Professional Model grants.
Michelle Malkin has recently written about Americorps issues, here:
The Office of Inspector General (OIG), Corporation for National and Community Service (Corporation), contracted with Cotton and Company LLP to perform agreed-upon procedures to assist the OIG in grant cost and compliance testing of Corporation-funded Federal assistance provided to The Research Foundation of the City University of New York (RFCUNY). The Corporation awarded two Education Award Program grants to RFCUNY that were categorized as Professional Model grants.
SUMMARY OF RESULTS
As a result of applying our procedures, we questioned education awards of $16,152,414 and draw downs of $773,254. In general, we questioned the education awards for members whose eligibility was not established in accordance with grant requirements for criminal background checks. Draw downs were questioned mostly for fixed fees related to members whose eligibility we questioned and also for drawing down in excess of fees earned. In addition, our compliance findings when taken as a whole indicate pervasive problems of eligibility, timekeeping, and documentation. A questioned cost is an alleged violation of a provision of law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds or a finding that, at the time of testing, includes costs not supported by adequate documentation.
…Participants who successfully complete terms of service under AmeriCorps grants are eligible for education awards and, in some cases, accrued interest awards funded by the Corporation’s National Service Trust. These award amounts are not funded by Corporation grants and thus are not included in claimed grant costs. But at the time that a grant is awarded, and due to the grant award, these amounts become immediate obligations of the National Service Trust. Therefore, as part of our agreed-upon procedures, and using the same criteria used for the grantee’s claimed costs, we determined the effect of our findings on AmeriCorps members’ entitlement to education and accrued interest awards.
The following is a summary of grant compliance testing results…
1. RFCUNY drew down more funds than it was due.
2. RFCUNY did not follow certain AmeriCorps Provisions.
3. The supervisory signature on members’ timesheets was not the members’ supervisor, or that of someone with direct knowledge of hours served by the members.
4. Members did not always record actual service hours on their timesheets.
5. Some members’ timesheet hours were not accurately recorded in the Corporation’s Web-Based Reporting System.
6. RFCUNY did not require its members to timely submit their member contracts, forms, and timesheets.
7. RFCUNY used preprinted member documentation and did not ensure that all member documentation was completed, signed, and dated.
8. RFCUNY did not maintain documentation to demonstrate that each member’s evaluation complied with AmeriCorps Regulations and the Member Agreement.
9. RFCUNY did not maintain documentation to demonstrate that members received criminal background checks and that any background checks conducted complied with AmeriCorps Provisions.
10. RFCUNY entered incorrect member start dates in Corporation systems and in member contracts.
11. Some members worked beyond their contract-end date.
Those who have watched AmeriCorps from its inception are all-too-familiar with how government voluntarism programs have been used for propaganda and political purposes. AmeriCorps “volunteers” have been put to work lobbying against the voter-approved three-strikes anti-crime initiative in California and protesting Republican political events while working for the already heavily-tax-subsidized liberal advocacy group ACORN.
Citizens Against Government Waste, the D.C. watchdog, also documented national service volunteers lobbying for rent control, expanded federal housing subsidies, and enrollment of more women in the Women, Infants, and Children welfare program. AmeriCorps volunteers have also been paid to shuffle paper at the Department of Justice, the Department of Interior, the Environmental Protection Agency, the Legal Services Corporation, and the National Endowment for the Arts.
(Now, imagine Obama’s troops being sent overseas – out of sight and unaccountable — as part of that $10 million a year USAID/”Volunteers for Prosperity” program. Egad.)
One vigilant House member, GOP Rep. Virginia Foxx, successfully attached an amendment to the GIVE Act to bar National Service recipients from engaging in political lobbying, endorsing or opposing legislation, organizing petitions, protests, boycotts, or strikes; providing or promoting abortions or referrals; or influencing union organizing.
And although ACORN has been in the media a lot this year with regard to the sting in which various ACORN locations agreed to cooperate in setting up under-age house of prostitution with tax dollars, ACORN has apparently been using Americorp money in violation of federal laws for quite some time, as this 2004 article notes:Supporters of GIVE/SERVE are now fighting those restrictions tooth and nail, screaming censorship and demanding that the provisions be dropped. Which tells you everything you need to know about the true nature of this boondoggle: Taxpayers GIVE their money to SERVE a big government agenda under the guise of helping their fellow man. It’s charity at the point of a gun.
According to an EPI study, when the ACORN Housing Corp. applied for the grant, they denied any connections to the main ACORN lobbying group (the grant is not for political advocacy). But the AmeriCorps inspector general discovered that "not only was AHC created by ACORN, engaged in numerous transactions with one another, and sharing staff and office space — but it utilized the AmeriCorps grant to increase ACORN membership, a violation of federal guidelines." (ACORN charges membership dues, much as labor unions do; thus, by exploiting AmeriCorps funding to inflate its membership rolls, ACORN used government resources to bring in even more money — money with no restrictions on its political use.)
So, although I don't know yet whether or not this funding was approved, I hope that our City Officials keep a close eye on the money and dig deep to ensure that the "volunteer" our tax dollars are paying for is actually doing the work we want done in our community, and not violating federal or state laws.
Sacramento is Taking $2.5 Million from Monrovia Property Taxes to Balance the Budget
Monrovians Unite! Sacramento is Taking 2.5 Million from Monrovia Property Taxes Designed to go to CRA's to Balance the Budget for California.
According to a report prepared by Mark Alvarado for the City Council Meeting of December 15, 2009:
Did anyone else notice that the personnel budget and operations of our Community Redevelopment Agency were more than 2.5 million dollars?
According to a report prepared by Mark Alvarado for the City Council Meeting of December 15, 2009:
When are we going to elect to office in Sacramento legislators who reduce spending in this State, who will leave in Monrovia the property taxes we pay? With any luck, this latest attempt to take our local money and use it to free up money in Sacramento will be declared Unconstitutional and struck down. Meanwhile, we need to eliminate the temptation to steal from local funds by reducing expenses at the State level.Assembly Bill (AB) 26, which was passed this summer, authorizes the shift of revenues, which will be deposited in county "Supplemental" Educational Revenue Augmentation Funds ("SERAF") to be distributed to schools to meet the State's Prop 98 obligations to education. For the Monrovia Redevelopment Agency ("Agency"), this takeaway amounts to $2.553 million for the current fiscal year, and $523,000 for fiscal year 2010-11.
For FY 2009-10, the Agency may "suspend" all or part of the required 20% allocation to the Affordable Housing Fund in order to make the payment We also have the option of using accumulated housing funds for the SERAF payment. For Monrovia, neither of these two options is viable because Monrovia consistently uses all of Its affordable housing funds every year to Improve neighborhoods. This is evidenced by our successful Monrovia Area Partnership ("MAP") program. There are no surplus housing funds available to make an estimated $2.5M payment to the State .
The structure for the redevelopment fund shift this year is similar to last year's budget trailer bill, AB 1389. The primary difference is that, in an effort to get around the California Redevelopment Association's ("CRA's") successful lawsuit against AB 1389, the Legislature created a new county "Supplemental" ERAF. Under this new SERAF, redevelopment funds are to be distributed to a K-12 school dlstrlct(s) or county office of education located partially or entirely within any project area of the agency.
The funds distributed to schools or county offices of education from the SERAF must be used to serve pupils living in the project area or in housing supported by redevelopment funds. (It is unclear how an agency is supposed to determine how many students are in housing supported by redevelopment funds). The total amount of SERAF funds received by a school district is deemed to be local property taxes and will reduce dollar for dollar the State's Prop 98 obligations to fund education.
2009-10 tax increment revenue $8,939,030
Capitalized interest revenue $1,020,000
Potential land sale proceeds $2,000,000
Less:
Debt service payments ($6,312,574)
Personnel and operational costs ($2,417,625)
Notes payable/pass thru obligations ($2,748,340)
Available cash to make State payment $480,491
Agencies that fail to make SERAF payments are subject to the "Suspension Penalty" The suspension penalty means that our Agency may not adopt a new redevelopment plan, amend an existing plan to add territory, issue bonds, further encumber funds or expend any moneys derived from any source except to pay pre existing indebtedness, contractual obligations, and 75% of the amount expended on agency administration for the preceding fiscal year. This penalty would last until the required SERAF payments have been made In addition, the Agency must Increase Its Affordable Housing Fund contribution by 5 percentage points on July 1, 2010 or July 1, 2011, whichever is applicable, for the remainder of the time the agency receives
tax increment.
In 1992, the State of California found itself in a serious deficit position. To meet its obligations to fund education at specified levels under Proposition 98, the State enacted legislation that shifted partial financial responsibility for funding education to local government (cities, counties and special districts) The State did this by instructing county auditors to shift the allocation of local property tax revenues from local government to " Educational Revenue Augmentation Funds" (ERAFs), directing that specified amounts of city, county and other local agency property taxes be deposited into these funds to support schools This process has continued over the last 17 years.
In fiscal 2009-10, the annual impact of the previous ERAF shifts has increased to an estimated $7.6 billion from cities, counties, and special districts. In addition, the 2009-10 State budget includes the shift of $1.7 billion of redevelopment agency revenues, with an additional $350 million shift planned in 2010-11 Since their inception, the ERAF shifts have deprived local governments of nearly $90 billion. Counties have borne some 73 percent of this shift, cities have shouldered 16 percent.
It is important to highlight just how critical redevelopment is to local communities. There are hundreds of communities throughout California with neighborhoods and business districts that are struggling economically and socially The abandoned gas station, dilapidated housing project, the vacant strip mall that is continually vandalized, these are all examples of detenorated and blighted areas. Revitalization of these areas does not happen on its own Often, the private sector is reluctant to invest In such areas because the risk and costs associated with doing so outweigh the benefits. This is especially true in a recessionary economy. Redevelopment serves as a catalyst for private investment by providing the initial plan and seed money that ultimately breathes new life into areas in need of economic development and new opportunity.
Did anyone else notice that the personnel budget and operations of our Community Redevelopment Agency were more than 2.5 million dollars?
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:
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)
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
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
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:
Regular Meeting Monrovia City Council - agenda December 15, 2009
Monrovians - Unite! December 15, 2009. The Agenda Packet may be obtained on-line from the City of Monrovia's website.
REGULAR MEETING
of the
MONROVIA CITY COUNCIL
7:30 P.M.
Copies of the Staff Reports or other written documentation relating to each proposed item of business presented for consideration by the City Councll on the Agenda are on file In the Office of the City Clerk
To comply with recent court decisions, the City of Monrovia has asked persons giving invocations not to recite sectarian references or prayers.
CONVENE - Mayor Mary Ann Lutz
INVOCATION - Pastor Dorothy Scott
PLEDGE OF ALLEGIANCE - Council member Clarence R Shaw
ROLL CALL Council members Joe Garcia, Clarence R. Shaw, Becky A. Shevlin, Mayor Pro
Tem Tom Adams, and Mayor Mary Ann Lutz
REPORT OF CLOSED SESSION
RCS-I Conference with Legal Counsel, Existing Litigation Pursuant to Government Code 454956 9, Tornovich and Associates vs City of Monrovia, BC408732
RCS-2 Conference with Labor Negotiator Pursuant to Government Code 354957 6, City Negotiator Theresa St Peter, All Groups
RCS-3 Conference with Legal Counsel; Liability Claims per Government Code, section 54956 95, Workers Compensation Claim, Sergio Bostick v City of Monrovia ANA 0396153
RCS-4 Conference with Real Property Negotiator Pursuant to Government Code, section 549568,
475 E Duarte Road, 1616 S California, and
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
PRESENTATIONS/PROCLAMATIONS
PR-I Recognition of Winners for the 2009 "Holiday Home Decorating Contest"
MONROVIA HIGH SCHOOL REPORT - excused
ORDER OF BUSINESS
CONSENT CALENDAR
All Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or citizen so requests. In which case, the item will be removed from the Consent Calendar and considered in its normal sequence. If you would like an item on the Consent Calendar discussed, simply tell the City Clerk or a member of the City Council.
CC-1. Unadopted Minutes of the December 1,2009 Regular Meeting of the Monrovia City Council
CC-2. Payroll No 25 in the Amount of $590,453 59 and Voucher Nos. 162112 Through 162342 in the amount of $1,218,438.19.
In Town Vendors:
BARRIOS, LISA
BEACON MEDIA, INC.
BURTON, CINDY A YORK
CARNEY, MARK
COMMUNITY MEDIA OF THE FOOTHILLS
COX, GLENN W.
DENRAM
DIAZ, MARCOS
DUCHETTA & COMPANY
ELLIOT, CATHERINE
FLOREZ, DAVID
FOOTHILL UNITY CENTER
GARVEY ROOFING
HENDERSON'S
HUGGINS, KRIS
INK SPOTS PRINTING
IRVIN, MARJORIE
KIWANIS CLUB OF MONROVIA
KUNCH, HATTY
LITTLE, JUSTIN
LIVING SPACES
MILE HIGH KARATE
MONROVIA EMPLOYEES FEDERAL CREDIT UNION
MONROVIA MUNICIPAL EMPLOYEES ASSOCIATION
MONROVIA COMMUNITY
MONROVIA COMMUNITY SERVICES
MONROVIA FIREFIGHTERS
MONROVIA FLORAL
MONROVIA POLICE ASSOCIATION
MONROVIA POLICE OFFICERS
MONROVIA RIDESHARE INCENTIVE
PATRICK, DAMION
PELHAM, RON
PRANGE, REBECCA LYNN
R.J. COLLINS PLUMBING CO., INC.
READ, JAMES
ROOKS, JOHN
SIMON EQUIPMENT CO., INC.
THE SAUCE CREATIVE SERVICES
THE UPS STORE
UBOVICH, MILAN
WALSH'S PEST CONTROL SERVICES
WATSON, JOHN CHARLES
WE-CARE FOUNDATION
Out of Town Vendors
AARDVARK TACTICAL
ABALONE, LLC
ABC SHOPPING CART SERVICES
ADAMSON POLICE PRODUCTS
ADI
ADVANCE BUSINESS GRAPHICS
ADVANCED INFRASTRUCTURE TECH
AIR CLEANING SYSTEMS
ARK CHURCH
AT& T
BAPCC
BAPS CHURCH
BASIC CHEMICAL SOLUTIONS
BEINTHER, KATALINA
BENDER, DELAINE A.
BHASIN, HARISH
BREHART, TODD
BROWNING, CARLA J.
CARBON SOLUTIONS GROUP
CARPENTER & ROTHANS
CAVALIERE, COLLEEN
CDW GOVERNMENT, INC.
CERRELL ASSOCIATES
CHAMBERS, KATHLEEN
CHAMPION, VICTOR
CHAPARAL CONCRETE CO.
CHARLES P. CROWLEY, INC.
CHOU, TERRY
CINTAS CORP.
CITISTREET
COMMERCIAL EMBLEM CO.
COMPUTERIZED FLEET ANALYSIS
COOPER, CHERI
CORVEL ENTERPRISES COMP, INC.
CRAFCO, INC.
CURBSIDE, INC.
DAPEER, ROSENBLT & LITVAK LLP
DATA MICROIMAGING CORP.
DEKRA-LITE
DELL
DELL GOVERNMENT LEASING
DOG SERVICES UNLIMITED
ELK GROVE AUTO GROUP INC.
ELMGREN, STEVE
EXXON MOBIL
FABER, STEVE
FEDERAL EXPRESS
FLAT SCREEN EXPERTS
FOOTHILL PSYCHOLOGICAL SER.
FOOTHILL TRANSIT
FRANCHISE TAX BOARD
GALINDA, ANNA
GARDA CL WEST, INC.
GLOBAL INDUSTRIAL SUPPLY, INC.
GLYNN, PATRICK
GOLDEN STATE OVERNIGHT
GOVCONNECTION INC.
GOV'T FINANCE OFFICERS ASSOC.
GUPTA, ANJALI
HASZ FUND CONTROL INC.
HINDERLITER, DELLAMAS & ASSOC
HOGLE-IRELAND
HOLLIDAY ROCK
HOME DEPOT CREDIT SERVICES
HUNTINGTON COURT REPORTERS
IKON OFFICE SOLUTIONS
INCARNATION SCHOOL
INNOVATIVE DESIGN & MFG INC.
IRON MOUNTAIN
IRWINDALE INDUSTRIAL CLINIC
JAIL ENTERPRISES UNIT
KC & KN INVESTMENTS, LLC
KEYSTONE UNIFORMS
KRIKORIAN THEATRES
L and M FOOTWEAR
L A WORKS
L N CURTIS and SONS
LA IMPACT
LACMTA
LAKE AVENUE CHURCH
LANCE, SOLL and LUNGHARD LLP
LAWRENCE R. MOSS
LEADING AUTHORITIES
LEE, HUN
LIEBERT CASSIDY WHITMORE
LOS ANGELES FREIGHTLINER
LOVIO, RUDOLPH
LYONS, BOBBIE
MACIAS, GINI and O'CONNELL LP
MAIN SAN GABRIEL BASIN WATERMASTER
MBIA MISC
MC CALL'S METER SALES
MCMASTER CARR SUPPLY CO.
MMZ PRINTING
MONEY MACHINES INTERNATIONAL
MORRILL, JR. EUGENE C.
MWH LABORATORIES
MY GYM CHILDREN'S FITNESS CENTER
NATIONAL CONSTRUCTIONAL RENTALS
NATIONWIDE RETIREMENT SOLUTION
NEIGHBORHOOD LANDSCAPE CO.
NEW CENTURY FOUNDATION
NUNEZ, ANTOINETTE
OFFICE DEPOT
OFFICE TEAM
ONTRAC
ORANGE COUNTY SHERIFF'S DEPARTMENT
PACE, DEBORAH A.
PARS
PCA MANAGEMENT LLC
PEZESHKIAN, DR. MAGGIE
PHOENIX PLAZA PHARMACY
PITNEY BOWES
PRUDENTIAL OVERALL SUPPLY
RED WING SHOE STORE
REGAL MEDICAL GROUP
RICHARDS WATSON & GERSHON
RICOH AMERICA'S CORPORATION
RITZ CAMERA
RKA CIVIL ENGINEERS
ROBINSON, GERALD
ROMAN FOUNTAINS CORPORATION
ROTH, ALLAN
SAN GABRIEL VALLEY CHAPTER
SHERIFF'S DEPARTMENT
SMART and FINAL STORES
SOUTHEAST CONSTRUCTION PROD.
SOUTHERN CALIFORNIA EDISON
SOUTHLAND TRANSIT INC.
SPARKLETTS
SPRINT
STATE OF CA DEPT OF TRANSPORTATION
STRADLING YOCCA CARLSON and RAUT
STRATEGIC CONTRACTING SERVICES
SUN BADGE CO.
SUNNY DAY ADULT HEALTH CARE
TERRY, MICHAEL DEAN
THE GAS COMPANY
THE PUBLIC RETIREMENT JOURNAL
TOM'S CLOTHING AND UNIFORMS
TOOMEY INDUSTRIES, INC.
TYLER TECHNOLOGIES, INC.
UNION BANK OF CALIFORNIA
UNITED SITE SERVICES
VASQUEZ, MELISSA
VERIZON
VERIZON ONLINE
VERIZON WIRELESS
VITTAL, RHEA
VONS
WADDELL, SHANNON
WALTERS WHOLESALE ELECTRIC CO.
WELLS FARGO INSURANCE SERVICES
WEST GROUP
WEST SAN GABRIEL VALLEY REALTORS
WESTCLIFF MEDICAL LABORATORY
WESTERN PACIFIC PULP and PAPER
WESTERN UNIVERSITY OF HEALTH SCIENCE
WESTERN WATER WORKS SUPPLY CO.
XEROX CORPORATION
CC-3 Approval of the 2010 Local Appointments List and Designation of the Monrovia Public Library to receive a copy of the List
Recommendation: Approve the Local Appointments List for 2010 and designate the Monrovia Public Library to receive a copy.
The Legislature established 54970 et seq. of the Government Code, also known as "The Maddy Act," for the purpose of increasing public awareness of appointments to be made by any local government and providing local appointive powers access to a talent resource otherwise untapped. According to Government Code Section 54972, on or before December 31 of each year, each legislative body is required to prepare an Appointments List of all regular and ongoing boards, commissions and committees which are appointed by the legislative body of the local agency.
Currently there are 13 anticipated open positions on the followg boards and commissions' Planning Commission (2), Community Services Commission (3), Historic Preservation Commission (2), Library Board (3), and Monrovia Old Town Advisory Board (MOTAB) (3).
Applications Will be available In Spring 2010 and Will be accepted through May 10, 2010. After that time, interviews Will be scheduled by the respective department. Per Monrovia Municipal Code, the Selection Committee IS made up of the Department Director, Board/Commission Chair, and City Council Liaison Recommendations from the Selection Committees will be presented to the City Council no later than June 15, 2010, for terms beginning on July 1, 2010. For more information, Interested persons may contact the City Clerk.
The following is a complete list of expiring appointed terms for 2010, names of Incumbents, and the dates of their appointment.
COMMUNITY SERVICES COMMISSION
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Thomas Gerfen - 7/2007 612010, end of 1st term
Gloria Crudginton - 7/2003 (unexpired term), 7/2004,7/2007 6/2010, end of 3rd term
Brian Ulm - 7/2006 (unexpired term), 7/2007 6/2010, end of 2nd term
The Community Services Commission assesses the social service, leisure, park and street tree needs of the community, to evaluate and make recommendations to the City Council and to the Department of Community Services on how those needs are or should be met, and to oversee and provide public accountability to programs under the Jurisdiction of the of the Department of Community Services.
The seven members of the Commission are appointed by the Mayor, With the approval of the City Council.
Commissioners are volunteers who serve a three-year term, beginning July 1, and must reapply after each term. The Community Services Commission meets on the second Tuesday of each month at 7:00 P.M. in the Monroe Room of the Community Center, 119 West Palm Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia resident; must be available on the second Tuesday of each month at 7:00 P.M. for meetings.
LIBRARY BOARD
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Kathy Knudsen 6/1997, 7/2000, 7/2004,712007 6/2010, end of 4th term
Charlotte Schamadan 7/2004, 7/2007 6/2010, end of 2nd term
Andy Bencosme 1112009 612010, unexpired term of Amit Sen
The Library Board is governed by the California State Education Code, and is responsible for enforcing all the rules, regulations, and bylaws necessary for the administration, governance and protection of the library and Its property.
The five members of the Board are appointed by the Mayor, with the approval of the Oty Council and serve three-year terms, beginning on July 1. There are no term limits. The Board meets on the fourth Thursday of each month at 7:00 P.M. in the Monroe Room of the Community Center, 119 West Palm Avenue.
Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the fourth Thursday of each month at 7:00 P.M. for meetings.
MONROVIA OLD TOWN ADVISORY BOARD (MOTAB)
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Daniel Camarena 7/2008 6/2010, end of 1st term
George Algann 10/2009 6/2010, unexpired term of Jerry Brascla
George Khoury 7/2008 6/2010, end of 1st term
The Board is comprised of Old Town merchants and is responsible for making recommendations to the City Council on programs and projects to advance the downtown area through marketing, promotion and overall Improvement of the Business Improvement District.
The five members of the Board are appointed by the Mayor, With the approval of the City Council. Boardmembers are volunteers who serve a two-year term, beginning July 1, and must reapply after each term. The MOTAB meets once a month on the second Tuesday of each month at 8:30 A.M. In the Council Chambers, 415 South Ivy Avenue.
Qualifications: May not be a City of Monrovia employee; must have a bona fide business In the Old Town district that is subject to the Business Improvement Distnct (BID) assessment, must be current on their BID assessment, and must be available on the second Tuesday of each month at 8:30 A.M. for meetings.
PLANNING COMMISSION
Name of Appointee Date of Appointment/ReapPointment Term Expiration
Glen Owens 7/2005 (unexpired term), 7/2007 6/2010, end of 2nd term
Brad Palfrey 7/2006 (unexpired term), 7/2007 6/2010, end of 2nd term
The Planning Commission is the decision-making body on zone variances, conditional use permits, design reviews and parcel maps. However, the decision made by the Commission may be appealed to the City Council within 10 days of the decision. The Commission also acts in an advisory capacity to the City Council on matters involving the City's General Plan, Specific Plans, zomng or planning ordinances, and subdivision tract maps.
The seven members of the Planning Commission are appointed by the Mayor, with the approval of the City Council. Commissioners are volunteers who serve a three-year term, beglnntng July 1, and must reapply after each term. The Planning Commission meets once a month on the Wednesday following the second Tuesday of each month at 7:30 P.M.
In CounCil Chambers, 415 South Ivy Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the Wednesday following the second Tuesday of each month at 7:30 P,M. for meetings
HISTORIC PRESERVATION COMMISSION
Name of Appointee Date of Appointment/ReapPointment Term Expiration
Penny Zuk 7/2004, 7/2007 6/2010, end of 2nd term
Scott Austin 7/2007 6/2010, end of 1st term
The Monrovia Historic Preservation Commission protects and reserves Monrovia's historic landmarks. The The Commission works with property owners to preserve the histonc sites that help to maintain the City's unique character. Upon property owners' requests, the Commission makes recommendations to the City Council, which votes to establish histone local landmarks.
Commission members shall be appointed from among professionals in the disciplines of architecture, history, architectural hiStory, planning, or other hlstonc preservation-related disciplines, such as urban plannmg, Amencan studies, American Civilization, cultural geography, or cultural anthropology, to the extent that such professionals are available in the commumty. Commission membership shall also Include other persons who have demonstrated special Interest, knowledge, or expenence in the history, architecture or cultural heritage of Monrovia as will provide for an adequate and qualified Commission.
The seven members of the Commission are appointed by the Mayor, with the approval of the City Council.
Commissioners are volunteers who serve a three-year term, beglnnmg July 1, and must reapply after each term. The Commission meets on the Wednesday following the fourth Tuesday of each month at 7:30 P.M. In Council Chambers, 415 South Ivy Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the Wednesday following the fourth Tuesesday of each month at 7:30 P.M. for meetings.
C-4 Dissolution of California Cities Home Ownership Authority ("CCHOA") by Rescission of the Joint Powers Agreement Made on November 1, 1996; Resolution No. 2009-72.
BACKGROUND: On November 1, 1996, the City of Monrovia entered into a Joint Powers Agreement with the Cities of Artesia, Bell Gardens, Covina, Compton, Cudahy, HawaIIan Gardens, Huntington Park, Maywood, Monrovia, Pasadena, Rancho Cucamonga, Santa Clarita, and Upland, and the County of San Bernardino (collectively the "member entities"), creating the California Cities Home Ownership Authority ("CCHOA").
CCHOA was formed to operate a lease-to-purchase homeownershlp program to assist qualified families and Individuals to achieve home ownership in the JUrisdictions of ItS member entities. In 1998 and then In 2001, CCHOA Issued bonds (respectively, the "CCHOA-I Bonds" and the "CCHOA-II Bonds") and used the bond proceeds to finance two lease-to-purchase programs (respectively, the "CCHOA-I Program" and the "CCHOA-II Program") In conjunction with these two programs, CCHOA formed two non-profit corporations: the California Cities Economic Assistance Corporation (the "CCHOA-I Corporation") and the California Cities Home Ownership Corporation (the "CCHOA-II Corporation").
The CCHOA-I Program and the CCHOA-II Program helped applicants who met pre-established criteria with the financing of down payments and closing costs. Between 1998 and 2008, the two CCHOA programs helped over 200 families In the JUriSdictions of CCHOA members achieve home ownership.
Along with the final maturity of CCHOA-I bonds In 2003 and of the CCHOA-II bonds m 2006, the lease-purchasing activities of both the CCHOA Programs have come to an end The Wind-Up of the CCHOA-I Program has been completed At the direction of the Board of Directors of the CCHOA-I Corporation, the remaining assets of the CCHOA-I Corporation were divided equally among the 14 members of CCHOA, and during the summer of 2008, distributed In the form of a check In the amount of $19,962.67 to each member.
The Board has also decided to distribute the remaining assets to the members of CCHOA after all remaining expenses and obligations of CCHOA have been paid The Boards have approved a distribution formula.
CC-5 California Department of Transportation Master Agreement No. 07-5069R and Program Supplement Agreement No. N006 for Federal Aid in the amount of $995,000.00 for Street Resurfacing; Resolution 2009-73.
TITLE: California Department of Transportation Master Agreement No 07-5069R and Program Supplement Agreement No N006 for Federal Aid In the Amount of $995,00000 for Street Resurfacing, Resolution 2009-73
OBJECTIVE: Secure state funding for the City's Street ResurfaCing Program through the execution of Program Supplement No N006 of the Master Agreement and Adopt Resolution No 2009-73 authorizing the Director of Public Works to execute the agreement with Caltrans.
BACKGROUND: State funds are available by the State of California Department of Transportatio (Caltrans) on a matching baSIS to cities for such programs as street resurfacing The City has applied for and received authOrization under the City's Street ResurfaCing Program In which the following streets are to be resurfaced:
Olive Ave Mayflower to West City Limits
Walnut Ave Mayflower to West City Limits
Myrtle to Shamrock
Myrtle to Mayflower
Grand Ave Greystone to Prospect
Cherry Ave California to Sherman
Sherman Ave Cypress to Los Angeles
Almond Ave California to Shamrock
EI Nldo Ave Foothill to Hillcrest
Duarte Rd Magnolia to EnCino
ANALYSIS: State monies in the amount of $995,000 00 will be assured to the City after the execution of the Program Supplement No N006 to the Admintsterlng Agency - State Agreement for State Funded Project No ESPL-5069(009)
The State requires the City adopt a Resolution authorizing a City official to sign the Agreement and return the Original With the Resolution to the State Enclosed IS Resolution No 2009-73 for approval by the City Council to authorize the Director of Public Works to execute the Agreement.
ENVIRONMENTAL IMPACT: None
FISCAL IMPACT: The total project amount IS $1,333,00000, Includes State funding In the amount of $995,00000 with the balance of $338,00000 available through Proposition 42 Funds.
CC-6 California Department of Transportation Program Supplement Agreement No. N007 for Federal Aid in the amount of $161,000.00 for Installation of New and Modification of Existing Traffic Signals; Resolution 2009-74.
OBJECTIVE: Secure state funding for the City's Traffic Signal installation and modifications through the execution of Program Supplement No N007 of the Master Agreement and Adopt Resolution No. 2009-74, authorizing the Director of Public Works to execute the agreement with Caltrans.
BACKGROUND: State funds are available by the State of California Department of Transportatio (Caltrans) on a matching basis to cities for such projects as new traffic Signals including modifications of existing Signals The City has applied for and received authorization for funding of the following traffic Signal project The project was identified as traffic mitigation measures of the Colorado Commons Development and the Urban Housing Development.
The new signal installation at Myrtle and Chestnut will include safety Signal lights and street signs, audible pedestrian signals, new disable-access ramps, traffic loops, electrical supply, conduits and connections, pavement signage and striping The eXisting Signals at Myrtle and Huntington will be modified with new traffic Signal equipment, street signs, audible pedestrian signals, disable-access ramps, traffic loops and new pavement markings.
ENVIRONMENTAL IMPACT: None.
FISCAL IMPACT: The total cost of the project IS $326,000 00, Includes State funding In the amount o $161,000 00 With a balance of $165,000 00 available through Proposition 42 Funds.
This concludes the Consent Portion of the Meeting.
INVOCATION - Pastor Dorothy Scott
PLEDGE OF ALLEGIANCE - Council member Clarence R Shaw
ROLL CALL Council members Joe Garcia, Clarence R. Shaw, Becky A. Shevlin, Mayor Pro
Tem Tom Adams, and Mayor Mary Ann Lutz
REPORT OF CLOSED SESSION
RCS-I Conference with Legal Counsel, Existing Litigation Pursuant to Government Code 454956 9, Tornovich and Associates vs City of Monrovia, BC408732
RCS-2 Conference with Labor Negotiator Pursuant to Government Code 354957 6, City Negotiator Theresa St Peter, All Groups
RCS-3 Conference with Legal Counsel; Liability Claims per Government Code, section 54956 95, Workers Compensation Claim, Sergio Bostick v City of Monrovia ANA 0396153
RCS-4 Conference with Real Property Negotiator Pursuant to Government Code, section 549568,
475 E Duarte Road, 1616 S California, and
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
PRESENTATIONS/PROCLAMATIONS
PR-I Recognition of Winners for the 2009 "Holiday Home Decorating Contest"
MONROVIA HIGH SCHOOL REPORT - excused
ORDER OF BUSINESS
CONSENT CALENDAR
All Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or citizen so requests. In which case, the item will be removed from the Consent Calendar and considered in its normal sequence. If you would like an item on the Consent Calendar discussed, simply tell the City Clerk or a member of the City Council.
CC-1. Unadopted Minutes of the December 1,2009 Regular Meeting of the Monrovia City Council
CC-2. Payroll No 25 in the Amount of $590,453 59 and Voucher Nos. 162112 Through 162342 in the amount of $1,218,438.19.
In Town Vendors:
BARRIOS, LISA
BEACON MEDIA, INC.
BURTON, CINDY A YORK
CARNEY, MARK
COMMUNITY MEDIA OF THE FOOTHILLS
COX, GLENN W.
DENRAM
DIAZ, MARCOS
DUCHETTA & COMPANY
ELLIOT, CATHERINE
FLOREZ, DAVID
FOOTHILL UNITY CENTER
GARVEY ROOFING
HENDERSON'S
HUGGINS, KRIS
INK SPOTS PRINTING
IRVIN, MARJORIE
KIWANIS CLUB OF MONROVIA
KUNCH, HATTY
LITTLE, JUSTIN
LIVING SPACES
MILE HIGH KARATE
MONROVIA EMPLOYEES FEDERAL CREDIT UNION
MONROVIA MUNICIPAL EMPLOYEES ASSOCIATION
MONROVIA COMMUNITY
MONROVIA COMMUNITY SERVICES
MONROVIA FIREFIGHTERS
MONROVIA FLORAL
MONROVIA POLICE ASSOCIATION
MONROVIA POLICE OFFICERS
MONROVIA RIDESHARE INCENTIVE
PATRICK, DAMION
PELHAM, RON
PRANGE, REBECCA LYNN
R.J. COLLINS PLUMBING CO., INC.
READ, JAMES
ROOKS, JOHN
SIMON EQUIPMENT CO., INC.
THE SAUCE CREATIVE SERVICES
THE UPS STORE
UBOVICH, MILAN
WALSH'S PEST CONTROL SERVICES
WATSON, JOHN CHARLES
WE-CARE FOUNDATION
Out of Town Vendors
AARDVARK TACTICAL
ABALONE, LLC
ABC SHOPPING CART SERVICES
ADAMSON POLICE PRODUCTS
ADI
ADVANCE BUSINESS GRAPHICS
ADVANCED INFRASTRUCTURE TECH
AIR CLEANING SYSTEMS
ARK CHURCH
AT& T
BAPCC
BAPS CHURCH
BASIC CHEMICAL SOLUTIONS
BEINTHER, KATALINA
BENDER, DELAINE A.
BHASIN, HARISH
BREHART, TODD
BROWNING, CARLA J.
CARBON SOLUTIONS GROUP
CARPENTER & ROTHANS
CAVALIERE, COLLEEN
CDW GOVERNMENT, INC.
CERRELL ASSOCIATES
CHAMBERS, KATHLEEN
CHAMPION, VICTOR
CHAPARAL CONCRETE CO.
CHARLES P. CROWLEY, INC.
CHOU, TERRY
CINTAS CORP.
CITISTREET
COMMERCIAL EMBLEM CO.
COMPUTERIZED FLEET ANALYSIS
COOPER, CHERI
CORVEL ENTERPRISES COMP, INC.
CRAFCO, INC.
CURBSIDE, INC.
DAPEER, ROSENBLT & LITVAK LLP
DATA MICROIMAGING CORP.
DEKRA-LITE
DELL
DELL GOVERNMENT LEASING
DOG SERVICES UNLIMITED
ELK GROVE AUTO GROUP INC.
ELMGREN, STEVE
EXXON MOBIL
FABER, STEVE
FEDERAL EXPRESS
FLAT SCREEN EXPERTS
FOOTHILL PSYCHOLOGICAL SER.
FOOTHILL TRANSIT
FRANCHISE TAX BOARD
GALINDA, ANNA
GARDA CL WEST, INC.
GLOBAL INDUSTRIAL SUPPLY, INC.
GLYNN, PATRICK
GOLDEN STATE OVERNIGHT
GOVCONNECTION INC.
GOV'T FINANCE OFFICERS ASSOC.
GUPTA, ANJALI
HASZ FUND CONTROL INC.
HINDERLITER, DELLAMAS & ASSOC
HOGLE-IRELAND
HOLLIDAY ROCK
HOME DEPOT CREDIT SERVICES
HUNTINGTON COURT REPORTERS
IKON OFFICE SOLUTIONS
INCARNATION SCHOOL
INNOVATIVE DESIGN & MFG INC.
IRON MOUNTAIN
IRWINDALE INDUSTRIAL CLINIC
JAIL ENTERPRISES UNIT
KC & KN INVESTMENTS, LLC
KEYSTONE UNIFORMS
KRIKORIAN THEATRES
L and M FOOTWEAR
L A WORKS
L N CURTIS and SONS
LA IMPACT
LACMTA
LAKE AVENUE CHURCH
LANCE, SOLL and LUNGHARD LLP
LAWRENCE R. MOSS
LEADING AUTHORITIES
LEE, HUN
LIEBERT CASSIDY WHITMORE
LOS ANGELES FREIGHTLINER
LOVIO, RUDOLPH
LYONS, BOBBIE
MACIAS, GINI and O'CONNELL LP
MAIN SAN GABRIEL BASIN WATERMASTER
MBIA MISC
MC CALL'S METER SALES
MCMASTER CARR SUPPLY CO.
MMZ PRINTING
MONEY MACHINES INTERNATIONAL
MORRILL, JR. EUGENE C.
MWH LABORATORIES
MY GYM CHILDREN'S FITNESS CENTER
NATIONAL CONSTRUCTIONAL RENTALS
NATIONWIDE RETIREMENT SOLUTION
NEIGHBORHOOD LANDSCAPE CO.
NEW CENTURY FOUNDATION
NUNEZ, ANTOINETTE
OFFICE DEPOT
OFFICE TEAM
ONTRAC
ORANGE COUNTY SHERIFF'S DEPARTMENT
PACE, DEBORAH A.
PARS
PCA MANAGEMENT LLC
PEZESHKIAN, DR. MAGGIE
PHOENIX PLAZA PHARMACY
PITNEY BOWES
PRUDENTIAL OVERALL SUPPLY
RED WING SHOE STORE
REGAL MEDICAL GROUP
RICHARDS WATSON & GERSHON
RICOH AMERICA'S CORPORATION
RITZ CAMERA
RKA CIVIL ENGINEERS
ROBINSON, GERALD
ROMAN FOUNTAINS CORPORATION
ROTH, ALLAN
SAN GABRIEL VALLEY CHAPTER
SHERIFF'S DEPARTMENT
SMART and FINAL STORES
SOUTHEAST CONSTRUCTION PROD.
SOUTHERN CALIFORNIA EDISON
SOUTHLAND TRANSIT INC.
SPARKLETTS
SPRINT
STATE OF CA DEPT OF TRANSPORTATION
STRADLING YOCCA CARLSON and RAUT
STRATEGIC CONTRACTING SERVICES
SUN BADGE CO.
SUNNY DAY ADULT HEALTH CARE
TERRY, MICHAEL DEAN
THE GAS COMPANY
THE PUBLIC RETIREMENT JOURNAL
TOM'S CLOTHING AND UNIFORMS
TOOMEY INDUSTRIES, INC.
TYLER TECHNOLOGIES, INC.
UNION BANK OF CALIFORNIA
UNITED SITE SERVICES
VASQUEZ, MELISSA
VERIZON
VERIZON ONLINE
VERIZON WIRELESS
VITTAL, RHEA
VONS
WADDELL, SHANNON
WALTERS WHOLESALE ELECTRIC CO.
WELLS FARGO INSURANCE SERVICES
WEST GROUP
WEST SAN GABRIEL VALLEY REALTORS
WESTCLIFF MEDICAL LABORATORY
WESTERN PACIFIC PULP and PAPER
WESTERN UNIVERSITY OF HEALTH SCIENCE
WESTERN WATER WORKS SUPPLY CO.
XEROX CORPORATION
CC-3 Approval of the 2010 Local Appointments List and Designation of the Monrovia Public Library to receive a copy of the List
Recommendation: Approve the Local Appointments List for 2010 and designate the Monrovia Public Library to receive a copy.
The Legislature established 54970 et seq. of the Government Code, also known as "The Maddy Act," for the purpose of increasing public awareness of appointments to be made by any local government and providing local appointive powers access to a talent resource otherwise untapped. According to Government Code Section 54972, on or before December 31 of each year, each legislative body is required to prepare an Appointments List of all regular and ongoing boards, commissions and committees which are appointed by the legislative body of the local agency.
Currently there are 13 anticipated open positions on the followg boards and commissions' Planning Commission (2), Community Services Commission (3), Historic Preservation Commission (2), Library Board (3), and Monrovia Old Town Advisory Board (MOTAB) (3).
Applications Will be available In Spring 2010 and Will be accepted through May 10, 2010. After that time, interviews Will be scheduled by the respective department. Per Monrovia Municipal Code, the Selection Committee IS made up of the Department Director, Board/Commission Chair, and City Council Liaison Recommendations from the Selection Committees will be presented to the City Council no later than June 15, 2010, for terms beginning on July 1, 2010. For more information, Interested persons may contact the City Clerk.
The following is a complete list of expiring appointed terms for 2010, names of Incumbents, and the dates of their appointment.
COMMUNITY SERVICES COMMISSION
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Thomas Gerfen - 7/2007 612010, end of 1st term
Gloria Crudginton - 7/2003 (unexpired term), 7/2004,7/2007 6/2010, end of 3rd term
Brian Ulm - 7/2006 (unexpired term), 7/2007 6/2010, end of 2nd term
The Community Services Commission assesses the social service, leisure, park and street tree needs of the community, to evaluate and make recommendations to the City Council and to the Department of Community Services on how those needs are or should be met, and to oversee and provide public accountability to programs under the Jurisdiction of the of the Department of Community Services.
The seven members of the Commission are appointed by the Mayor, With the approval of the City Council.
Commissioners are volunteers who serve a three-year term, beginning July 1, and must reapply after each term. The Community Services Commission meets on the second Tuesday of each month at 7:00 P.M. in the Monroe Room of the Community Center, 119 West Palm Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia resident; must be available on the second Tuesday of each month at 7:00 P.M. for meetings.
LIBRARY BOARD
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Kathy Knudsen 6/1997, 7/2000, 7/2004,712007 6/2010, end of 4th term
Charlotte Schamadan 7/2004, 7/2007 6/2010, end of 2nd term
Andy Bencosme 1112009 612010, unexpired term of Amit Sen
The Library Board is governed by the California State Education Code, and is responsible for enforcing all the rules, regulations, and bylaws necessary for the administration, governance and protection of the library and Its property.
The five members of the Board are appointed by the Mayor, with the approval of the Oty Council and serve three-year terms, beginning on July 1. There are no term limits. The Board meets on the fourth Thursday of each month at 7:00 P.M. in the Monroe Room of the Community Center, 119 West Palm Avenue.
Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the fourth Thursday of each month at 7:00 P.M. for meetings.
MONROVIA OLD TOWN ADVISORY BOARD (MOTAB)
Name of Appointee- Date of Appointment-Reappointment -Term Expiration
Daniel Camarena 7/2008 6/2010, end of 1st term
George Algann 10/2009 6/2010, unexpired term of Jerry Brascla
George Khoury 7/2008 6/2010, end of 1st term
The Board is comprised of Old Town merchants and is responsible for making recommendations to the City Council on programs and projects to advance the downtown area through marketing, promotion and overall Improvement of the Business Improvement District.
The five members of the Board are appointed by the Mayor, With the approval of the City Council. Boardmembers are volunteers who serve a two-year term, beginning July 1, and must reapply after each term. The MOTAB meets once a month on the second Tuesday of each month at 8:30 A.M. In the Council Chambers, 415 South Ivy Avenue.
Qualifications: May not be a City of Monrovia employee; must have a bona fide business In the Old Town district that is subject to the Business Improvement Distnct (BID) assessment, must be current on their BID assessment, and must be available on the second Tuesday of each month at 8:30 A.M. for meetings.
PLANNING COMMISSION
Name of Appointee Date of Appointment/ReapPointment Term Expiration
Glen Owens 7/2005 (unexpired term), 7/2007 6/2010, end of 2nd term
Brad Palfrey 7/2006 (unexpired term), 7/2007 6/2010, end of 2nd term
The Planning Commission is the decision-making body on zone variances, conditional use permits, design reviews and parcel maps. However, the decision made by the Commission may be appealed to the City Council within 10 days of the decision. The Commission also acts in an advisory capacity to the City Council on matters involving the City's General Plan, Specific Plans, zomng or planning ordinances, and subdivision tract maps.
The seven members of the Planning Commission are appointed by the Mayor, with the approval of the City Council. Commissioners are volunteers who serve a three-year term, beglnntng July 1, and must reapply after each term. The Planning Commission meets once a month on the Wednesday following the second Tuesday of each month at 7:30 P.M.
In CounCil Chambers, 415 South Ivy Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the Wednesday following the second Tuesday of each month at 7:30 P,M. for meetings
HISTORIC PRESERVATION COMMISSION
Name of Appointee Date of Appointment/ReapPointment Term Expiration
Penny Zuk 7/2004, 7/2007 6/2010, end of 2nd term
Scott Austin 7/2007 6/2010, end of 1st term
The Monrovia Historic Preservation Commission protects and reserves Monrovia's historic landmarks. The The Commission works with property owners to preserve the histonc sites that help to maintain the City's unique character. Upon property owners' requests, the Commission makes recommendations to the City Council, which votes to establish histone local landmarks.
Commission members shall be appointed from among professionals in the disciplines of architecture, history, architectural hiStory, planning, or other hlstonc preservation-related disciplines, such as urban plannmg, Amencan studies, American Civilization, cultural geography, or cultural anthropology, to the extent that such professionals are available in the commumty. Commission membership shall also Include other persons who have demonstrated special Interest, knowledge, or expenence in the history, architecture or cultural heritage of Monrovia as will provide for an adequate and qualified Commission.
The seven members of the Commission are appointed by the Mayor, with the approval of the City Council.
Commissioners are volunteers who serve a three-year term, beglnnmg July 1, and must reapply after each term. The Commission meets on the Wednesday following the fourth Tuesday of each month at 7:30 P.M. In Council Chambers, 415 South Ivy Avenue. Qualifications: May not be a City of Monrovia employee and must be a Monrovia reSident; must be available on the Wednesday following the fourth Tuesesday of each month at 7:30 P.M. for meetings.
C-4 Dissolution of California Cities Home Ownership Authority ("CCHOA") by Rescission of the Joint Powers Agreement Made on November 1, 1996; Resolution No. 2009-72.
BACKGROUND: On November 1, 1996, the City of Monrovia entered into a Joint Powers Agreement with the Cities of Artesia, Bell Gardens, Covina, Compton, Cudahy, HawaIIan Gardens, Huntington Park, Maywood, Monrovia, Pasadena, Rancho Cucamonga, Santa Clarita, and Upland, and the County of San Bernardino (collectively the "member entities"), creating the California Cities Home Ownership Authority ("CCHOA").
CCHOA was formed to operate a lease-to-purchase homeownershlp program to assist qualified families and Individuals to achieve home ownership in the JUrisdictions of ItS member entities. In 1998 and then In 2001, CCHOA Issued bonds (respectively, the "CCHOA-I Bonds" and the "CCHOA-II Bonds") and used the bond proceeds to finance two lease-to-purchase programs (respectively, the "CCHOA-I Program" and the "CCHOA-II Program") In conjunction with these two programs, CCHOA formed two non-profit corporations: the California Cities Economic Assistance Corporation (the "CCHOA-I Corporation") and the California Cities Home Ownership Corporation (the "CCHOA-II Corporation").
The CCHOA-I Program and the CCHOA-II Program helped applicants who met pre-established criteria with the financing of down payments and closing costs. Between 1998 and 2008, the two CCHOA programs helped over 200 families In the JUriSdictions of CCHOA members achieve home ownership.
Along with the final maturity of CCHOA-I bonds In 2003 and of the CCHOA-II bonds m 2006, the lease-purchasing activities of both the CCHOA Programs have come to an end The Wind-Up of the CCHOA-I Program has been completed At the direction of the Board of Directors of the CCHOA-I Corporation, the remaining assets of the CCHOA-I Corporation were divided equally among the 14 members of CCHOA, and during the summer of 2008, distributed In the form of a check In the amount of $19,962.67 to each member.
The Board has also decided to distribute the remaining assets to the members of CCHOA after all remaining expenses and obligations of CCHOA have been paid The Boards have approved a distribution formula.
CC-5 California Department of Transportation Master Agreement No. 07-5069R and Program Supplement Agreement No. N006 for Federal Aid in the amount of $995,000.00 for Street Resurfacing; Resolution 2009-73.
TITLE: California Department of Transportation Master Agreement No 07-5069R and Program Supplement Agreement No N006 for Federal Aid In the Amount of $995,00000 for Street Resurfacing, Resolution 2009-73
OBJECTIVE: Secure state funding for the City's Street ResurfaCing Program through the execution of Program Supplement No N006 of the Master Agreement and Adopt Resolution No 2009-73 authorizing the Director of Public Works to execute the agreement with Caltrans.
BACKGROUND: State funds are available by the State of California Department of Transportatio (Caltrans) on a matching baSIS to cities for such programs as street resurfacing The City has applied for and received authOrization under the City's Street ResurfaCing Program In which the following streets are to be resurfaced:
Olive Ave Mayflower to West City Limits
Walnut Ave Mayflower to West City Limits
Myrtle to Shamrock
Myrtle to Mayflower
Grand Ave Greystone to Prospect
Cherry Ave California to Sherman
Sherman Ave Cypress to Los Angeles
Almond Ave California to Shamrock
EI Nldo Ave Foothill to Hillcrest
Duarte Rd Magnolia to EnCino
ANALYSIS: State monies in the amount of $995,000 00 will be assured to the City after the execution of the Program Supplement No N006 to the Admintsterlng Agency - State Agreement for State Funded Project No ESPL-5069(009)
The State requires the City adopt a Resolution authorizing a City official to sign the Agreement and return the Original With the Resolution to the State Enclosed IS Resolution No 2009-73 for approval by the City Council to authorize the Director of Public Works to execute the Agreement.
ENVIRONMENTAL IMPACT: None
FISCAL IMPACT: The total project amount IS $1,333,00000, Includes State funding In the amount of $995,00000 with the balance of $338,00000 available through Proposition 42 Funds.
CC-6 California Department of Transportation Program Supplement Agreement No. N007 for Federal Aid in the amount of $161,000.00 for Installation of New and Modification of Existing Traffic Signals; Resolution 2009-74.
OBJECTIVE: Secure state funding for the City's Traffic Signal installation and modifications through the execution of Program Supplement No N007 of the Master Agreement and Adopt Resolution No. 2009-74, authorizing the Director of Public Works to execute the agreement with Caltrans.
BACKGROUND: State funds are available by the State of California Department of Transportatio (Caltrans) on a matching basis to cities for such projects as new traffic Signals including modifications of existing Signals The City has applied for and received authorization for funding of the following traffic Signal project The project was identified as traffic mitigation measures of the Colorado Commons Development and the Urban Housing Development.
The new signal installation at Myrtle and Chestnut will include safety Signal lights and street signs, audible pedestrian signals, new disable-access ramps, traffic loops, electrical supply, conduits and connections, pavement signage and striping The eXisting Signals at Myrtle and Huntington will be modified with new traffic Signal equipment, street signs, audible pedestrian signals, disable-access ramps, traffic loops and new pavement markings.
ENVIRONMENTAL IMPACT: None.
FISCAL IMPACT: The total cost of the project IS $326,000 00, Includes State funding In the amount o $161,000 00 With a balance of $165,000 00 available through Proposition 42 Funds.
This concludes the Consent Portion of the Meeting.
Friday, December 11, 2009
Electronic Media Boards - 091117 Part 2B
Monrovians Unite! Part 2B of discussion re Electronic Media Boards, Monrovia City Council, November 17, 2009:
Comments welcome.
Comments welcome.
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