Minutes of Meeting 2/8/2000

Tuesday, February 8, 2000 - 6:30 p.m.

City Council Chamber

225 Second Street, Claremont, California

CALL TO ORDER

Mayor Rosenthal called the meeting to order at 6:34 p.m.

MOMENT OF SILENCE – In memory of Jennifer Switzer, daughter of Councilmember Smith.

ROLL CALL

PRESENT: COUNCILMEMBER: BALDONADO, HELD, LEIGA, SMITH, ROSENTHAL

ALSO PRESENT: Glenn Southard, City Manager; Sonia Carvalho, City Attorney; Dick Guthrie, Human Services Director; Betty Sheldon, Community Services Director; Russ Brown, Police Captain; Tammy Gates, Assistant to the City Manager; Mike Maxfield, Community Information Coordinator; Steve Lustro, Senior Planner; Lynne Pahner, City Clerk

CEREMONIAL MATTERS, PRESENTATIONS AND ANNOUNCEMENTS

Mayor Rosenthal presented a plaque to Mitch Dorger, Executive Vice President, Claremont University Center, marking his departure as someone who has been a positive influence in the City. Mr. Dorger has taken the position as Chief Executive Officer of the Pasadena Tournament of Roses.

Mayor Rosenthal introduced Brenda Barham Hill, Acting Executive Vice President, Claremont University Center, who will be replacing Mitch Dorger.

City Attorney Carvalho introduced Jim Morris, Deputy City Attorney, who will be serving the City during City Attorney Carvalho’s maternity leave.

Deputy City Attorney Morris thanked Council for the opportunity and stated he is looking forward to working with Council and staff. He noted Claremont is a well-planned, beautiful community with active community participation and he is pleased to see this type of forum.

PUBLIC COMMENT

Mayor Rosenthal announced that now is the time and place for persons in the audience to make comments on items that are not covered on the agenda. Members of the audience may address the city council about items on the agenda at the time those items are considered by the council.

Tom Lamb, 620 Miramar Avenue, stated he will be submitting a formal request to be placed on the next Redevelopment Agency agenda with regard to the Village West Specific Plan and specific plans in general.

Mike Warshaw, 3436 North Padua Avenue, stated in light of the news of the last several weeks, he and others are moving forward with the recall. He indicated Council’s inaction by not paying attention to the activities of City employees is one of the main reasons for the recall.

Greg Tolliver, Claremont, stated the City will look stupid no matter how the Police Chief issue is resolved.

Michael Flyn, 170 East 6th Street, stated the recent upsurge in voters is because people want a voice in city government and are demanding that the award be taken from the officers. He submitted 1,000 letters from individuals stating they are loyal to justice.

Patty Earl stated she is a retired police officer and was involved in a shooting. She stated she was almost destroyed by having to shoot someone. Most people have no knowledge about the job of a police officer. Ms. Earl indicated she has spoken with several students and learned there has been a distortion of facts with regard to the Landrum case and fabrication is not reality. She stated she is offering a $5,000 reward for the arrest and prosecution of those responsible for the intimidation of Ms. Ramirez into recanting her original testimony.

An unidentified speaker urged everyone to stand together against this unjust war of policy and prejudice.

An unidentified speaker stated it is not good for the City to receive such negative attention. She said she knew Irvin Landrum in high school and does not understand how he could have been shot 14 times. She requested an independent investigation.

An unidentified speaker stated he is a resident and local businessman and is disgusted by the actions of the City over the last few months and the City Council allowing it to happen. He stated he is not comfortable with the City Council continuing to endorse the City Manager and it is time to remove the City Council.

An unidentified speaker stated he does not want to walk down the street fearing those that are supposed to protect him. He stated he will not stand for this injustice.

Mike Noonan stated he filed a written request with the City Clerk regarding a change of venue for this meeting as the room is not large enough to accommodate the audience. He said the full and complete truth regarding the circumstances surrounding the fatal shooting of Irvin Landrum, Jr. is needed for a peaceful resolution to the conflict that has stemmed from this shooting. He asked why there couldn’t be an independent investigation for the shooting if there is to be one for the police chief.

Professor Jose Calderon stated incompetence, insensitivity, and errors have contributed to the divisiveness in the community. He urged Council to fire the City Manager and to not hire the police chief.

Bruce Poch stated this is no longer about the Landrum shooting. The spotlight is on the City Manager and the City Council and every decision that has been made has been bungled. He called for the dismissal of the City Manager. He noted property values in Claremont have dropped 4% during the last year.

Councilmember Held moved to extend public comment to include public comment regarding the closed session, PUBLIC EMPLOYEE APPOINTMENT – Title: Chief of Police, seconded by Councilmember Smith and unanimously carried.

Obee Landrum stated Tom Scheidecker does do not belong in this City and he is shocked at how this Council can support an independent investigation for the new police chief but not for the Landrum shooting. He asked if the value of a black life in Claremont is worth an independent investigation.

Matthew Gerhardt referred to newspaper articles regarding Tom Scheidecker and stated Mr. Scheidecker is a threat to all citizens and all people participating in government as he does not respect democracy or law.

Jane Heard, College Avenue, suggested everyone resist the temptation to blame and second guess as it leads to defensiveness and all have done the best they can. The community elected the City Council who did their best to delegate the City Manager to conduct the search for a police chief. She indicated there is no doubt it was a rigorous process. She noted that now there is new information and a new opportunity to reevaluate what kind of police chief the City needs and whether this is a match. She stated the police chief should be someone who believes in justice and if Mr. Scheidecker did what has been reported in the newspapers, he does not believe in justice. Mr. Scheidecker should also consider whether he thinks he is a good match for Claremont at this point in time. She expressed appreciation for the time Council puts into their role in a selfless, uncompensated way.

Robert Clark, Claremont, stated it is City staff’s job to know the background of its employees. He indicated the awards given to the police officers should be rescinded.

Michael Flyn stated he is disturbed there was more investigation into Obee Landrum’s background than the police chief’s background. He expressed his belief that City Manager Southard knew the history of the police chief.

Danesha stated she is shocked that Irvin Landrum lost his life and there has been no investigation. She asked for an investigation to determine how Mr. Landrum died.

Margaret Caruthers, Claremont, stated the proposed police chief is damaged goods and questioned how another police chief would be chosen. She urged the Council to remove City Manager Southard.

Greg Tolliver submitted information regarding the history and composition of the Western Goals Foundation, the organization to which Mr. Scheidecker and Mr. Paul gave documents. He stated Claremont can not hire a police chief who disrespects the first amendment and if Council supports the police chief, they should be removed.

Ryan Higgin stated he is disgusted with the actions of this Council and he can not fathom why there has not been an independent investigation. He noted numerous cases in Los Angeles mirror the Landrum case. He commented that simple background checks at the college produced information on the police chief. He urged Council to listen to the people in the community.

Mike Noonan asked for the City Council’s resignation and expressed concern that City Manager Southard will continue to bring in people with ties to fascism.

Brian Schwartz stated any mother would be sorry if her child was killed and no one wanted to investigate it.

Ashley Fluer said Council has a chance to make the world a better place and warned Council of trouble ahead with this police chief.

Cindy Johnson, College Avenue, stated Claremont is unique and special and it takes hard work to keep it this way. She acknowledged the students are upset and anxious for change. The community needs to ensure that the promise for racial equality is fulfilled. This is an opportunity to reevaluate the police chief and the selection process.

Tom Ambrogie, resident of Pilgrim Place, stated he is grateful to be a Claremont resident and hopes the City Council sees that the facts about January 11, 1999, must be clarified by somebody that has the confidence of the public. He discussed the discrepancies in the Sheriff’s Report and District Attorney’s report which were outlined in a letter from the Landrum family and were never acknowledged by the City. He indicated these issues must be addressed by someone with credibility.

There were no further requests to speak.

The City Council recessed at 8:08 p.m.

The City Council reconvened at 8:20 p.m.

CONSENT CALENDAR

Mayor Rosenthal invited public comment.

There were no requests to speak.

Councilmember Smith removed Item #7 from the Consent Calendar for further discussion. Councilmember Baldonado moved to approve the remainder of the Consent Calendar as presented, seconded by Councilmember Held, and unanimously carried.

Written Communications, Outside – None

Routine Administrative Items

  1. Warrant Register
  2. Received and filed warrants totaling $895,116.06.

  3. City Council Minutes of 1/25/00
  4. Approved and filed.

  5. Community Services Commission Minutes of 1/13/00
  6. Received and filed.

  7. Human Services Commission Minutes of 1/5/00
  8. Received and filed.

  9. Planning Commission Minutes of 12/21/99 and 1/4/00
  10. Received and filed.

  11. Claims for Damages: Saloman and Slomka

Rejected the claims as recommended by Carl Warren and Company, the City’s claims administrator.

  1. Award of Bid for Ten Replacement Police Patrol Cars

This item was removed from the Consent Calendar for further discussion.

 

¨ ¨ ¨ END OF CONSENT CALENDAR ¨ ¨ ¨

 

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION

7. Award of Bid for Ten Replacement Police Patrol Cars

Councilmember Smith pointed out she and Councilmember Leiga, as members of the Council Community Services Committee, asked for additional information regarding other cities’ replacement of police cars and determined Claremont is consistent. She expressed support for the award of bid.

Councilmember Smith moved to award the bid for the replacement of ten police cars to Person Ford in the amount of $236,912, seconded by Councilmember Leiga.

Councilmember Baldonado noted there is a differential of $1,100 between the Person Ford bid and Claremont Ford and recommended awarding the bid to Claremont Ford.

City Attorney Carvalho stated the City’s purchasing ordinance follows public contracts law which provides for awarding bids to the lowest responsible bidder. The staff recommendation is consistent with the City’s existing regulations. The City Council could take no action on this item and provide staff with further direction to amend the existing ordinance with regard to the purchase of vehicles.

City Manager Southard stated that even with the sales tax credit, Claremont Ford did not qualify. He noted the desire to purchase in Claremont sometimes conflicts with the procedures that have been put in place to level the playing field end ensure competitive bidding. He stated Council could delay the purchase and consider amending the ordinance and he asked if a delay would cause a problem.

Utilities Manager Harmon stated the cars are still in sturdy shape and could withstand another 20,000 miles or so.

Councilmember Held suggested taking no action at this time and sending the item back for further review of the policy. He agreed the policy needs to be objective to encourage competitive bidding.

Councilmember Baldonado suggested setting parameters as to the differential.

Councilmember Leiga stated there needs to be assurance that the process will result in competitive bids.

City Manager Southard suggested holding the item over for two weeks to allow for staff review.

Councilmember Smith suggested contacting other cities as to their policies with regard to local merchants. She acknowledged the City does have a fiduciary responsibility in awarding bids.

Councilmember Baldonado moved to table discussion of the Award of Bid for Ten Replacement Police Patrol Cars to the meeting of February 22, 2000, seconded by Councilmember Held and unanimously carried.

ORDINANCES – None

PUBLIC HEARINGS

  1. Minor Revisions of Lot Configuration and Internal Circulation Pattern for Claremont Hills Specific Plan and Vesting Tentative Tract Map. Applicant – The Keith Companies for Pomona College

Senior Planner Lustro reviewed the staff report and recommendation that the City Council approve the amendments to the Claremont Hills Specific Plan (#91-SP001) and Vesting Tentative Tract Map #50568, subject to conditions as outlined on the resolution.

Mayor Rosenthal opened the public hearing.

Paul Kerry, Keith Companies, stated he is available for questions.

Ellen Perry, Claremont Wildlands Conservancy, stated approval of this item will result in a tragic loss of habitat for animals and a loss of scenic value for this community. She noted the conservancy is trying to raise money to purchase land to avoid development and asked Council to deny the request and hold the land for the Conservancy.

Relf Starr, Local Wilderness Coalition, called for the preservation of the wild places in the City because once they are gone, they can never be replaced. She requested Council take immediate steps to insure that Padua Hills and the Bernard Field Station are preserved in perpetuity.

Mike Noonan agreed with Ms. Starr and expressed support for the Coalition.

Carol Cox, Claremont, stated it is sad that development is creeping into the wilderness areas and asked Council to consider other ways to develop the City.

There were no further requests to speak. Mayor Rosenthal closed the public hearing.

City Manager Southard provided clarification on the project by stating it began in 1989-90 with the approval of a minor adjustment in exchange for 12 acres of open space and the theatre. He noted 90% of open space was saved in exchange for 10% development and 1,000 acres of open space was added for a total of 3,000 acres into the City. He noted it would take twice the City’s general fund to preserve all of the remaining open space.

Councilmember Smith noted the City formed a group made up of citizens to monitor the City’s preservation of open space. She urged the speakers to contact the committee to work together for the same purpose. She expressed her desire to add land to the Wilderness Park.

Councilmember Held asked if this area could be deemed open space without consequences.

City Attorney Carvalho stated this is a previously approved vesting map and rights have certainly been vested on this project.

 

Councilmember Leiga moved to approve Resolution No.2000-104, A RESOLUTION OF CITY COUNCIL OF THE CITY OF CLAREMONT AMENDING THE CLAREMONT HILLS SPECIFIC PLAN (#91-SP001) AND VESTING TENTATIVE TRACT MAP #50568 FOR A 125-LOT SUBDIVISION OF A 125-ACRE SITE LOCATED ON THE NORTH SIDE OF MT. BALDY ROAD (APPLICANT – THE KEITH COMPANIES, INC.), seconded by Councilmember Held and unanimously carried.

 

ADMINISTRATIVE ITEMS

  1. 1999-2000 Mid-Year Budget Review

Assistant to the City Manager Gates reviewed the staff report and recommendation that the City Council approve the following expenditure adjustments from the fund balance of the General Fund:

  1. $5,500 for the Community Dialogue Planning Committee; and
  2. $20,771 for earthquake insurance for City Hall and the Community Center.

Councilmember Smith referred to page 35, #6, which states the development of the public information component to the Emergency Plan has been cancelled. She stated this is an important component and asked if it will be handled by another department.

Community Services Director Sheldon stated currently effort is being focused on a resource directory and working with the Chamber on the CBAC program. She explained her plan to bring the public information component forward in the next budget cycle.

Councilmember Smith said she is amazed at how much is accomplished by staff and that so many unanticipated items are taken care of and thanked staff for their efforts.

Councilmember Baldonado asked about the transient occupancy tax.

Assistant to the City Manager Gates stated revenues have not been received for December and staff will be diligent on collecting what is owed.

In response to Councilmember Baldonado’s question as to whether the La Verne students were paying the tax during their stay at the Claremont Inn, City Manager Southard responded they were paying the tax, however, it has not been paid to the City yet.

Councilmember Leiga asked why the earthquake insurance is so high for earthquake safe buildings which are a fairly low risk.

Assistant to the City Manager stated it is a loan requirement.

Mayor Rosenthal referred to the deferral of the citizen mediation program and expressed her hope that it will not be deferred too long as it is an important program to assist in solving neighborhood problems. She referred to page 15, Census 2000 coordination, and asked what costs will be incurred by the City. She agreed the census is of paramount importance to Claremont as it determines the amount of federal funding for the City.

Community Information Coordinator Maxfield stated he has spoken with Los Angeles County officials regarding the census and his thoughts at this time are to use the preexisting outreach efforts such as the city letter. The formation of a Complete Count Committee has been discussed, however, the effort involved does not justify the outcome as Claremont has not had poor response to the census in the past.

Mayor Rosenthal suggested involving the newspapers and advertising in the trash bills.

City Manager Southard stated staff will work with the Public Information Committee on this issue.

Mayor Rosenthal invited public comment.

Mike Noonan expressed his hope that the focus of the Community Dialogue Planning Committee can become sharper and not be lost among the 21 committees in the City. He indicated the Human Relations Committee was not able to grapple with the Landrum issue. He requested Councilmembers Baldonado and Smith provide the Committee with direction to bear down on the events of January 11, 1999.

There were no further requests to speak.

Councilmember Baldonado responded to Mr. Noonan and stated she advocates Council participation as ex-officio members as it should be a community committee asking for community input and response. She indicated her hope that it will be an active committee. She explained the meeting held last night was an exercise in getting focused and stated she hopes the ad hoc subcommittees will bring back information at the next meeting that will help define the focus for the group. She expressed reluctance to direct the Committee.

Councilmember Smith agreed and stated the Committee should not be micromanaged by Council. She commented that Chairman Presecan said this first meeting was an opportunity to get to know everyone and get their thoughts on the table and he feels the next meeting will be more defined.

Councilmember Baldonado moved to approve the following expenditure adjustments from the fund balance of the General Fund: a. $5,500 for the Community Dialogue Planning Committee; and b. $20,771 for the earthquake insurance for City Hall and the Community Center, seconded by Councilmember Leiga and unanimously carried.

 

MAYOR AND COUNCIL

Council Items - None

Subcommittee/Council Assignment Reports

Councilmember Baldonado requested Council review of the Planning Commission approval of a conditional use permit for liquor to be sold on the college campus.

Mayor Rosenthal announced the County Sanitation District fees will increase $4.00 for the upcoming year and is paid through property taxes. She announced that Bev Perry is very ill and suggested sending her a card.

 

COMMISSIONS - None

 

CITY MANAGER REPORTS

City Manager Southard discussed the press release which announced that Claremont achieved over a 100% recovery of funds in the Orange County investment pool, including legal fees. He thanked Assistant City Manager Healy and staff for their efforts in this regard. He noted he received a letter from Full of Life announcing that the Farmers Market has been accepted by the Southland Farmers Market Association. The market is continuing to grow and Claremont Cleaners has agreed to allow the market to expand into its parking lot. Consideration is being given to closing the alley for further expansion.

 

CLOSED SESSION

At 9:18 p.m., the City Council recessed to a closed session pursuant to Government Code Section 54957.

PUBLIC EMPLOYEE APPOINTMENT

Title: Chief of Police

The City Council reconvened at 10:25 p.m.

CLOSED SESSION REPORT

City Manager Southard reported he briefed the Council regarding the Police Chief appointment and advised them of his plan to withdraw the employment offer to Tom Scheidecker.

Mayor Rosenthal stated Council concurs with the City Manager’s decision as Mr. Scheidecker is clearly not a good fit with the community values of Claremont.

ADJOURNMENT