Fall 2001

June 12th Claremont City Council Meeting

CALL TO ORDER

Mayor Held called the meeting to order at 6:30 p.m.

MOMENT OF SILENCE

ROLL CALL

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

ALSO PRESENT: Glenn Southard, City Manager; Bridget Healy, Assistant City Manager; Sonia Carvalho, City Attorney; Tom Clark, Agency Counsel; Roy Brown, Police Chief; Dick Guthrie, Human Services Director; Betty Sheldon, Community Services Director; Tony Witt, Community Development Director; Mike Maxfield, Community Information Coordinator; Jim Lewis, Senior Management Analyst; Scott Miller, Economic Development Manager; Lynne Pahner, City Clerk

CLOSED SESSION REPORT - None

CEREMONIAL MATTERS, PRESENTATIONS AND ANNOUNCEMENTS

Human Services Deputy Director Matthews introduced Melissa Vollaro, Human Services Supervisor for the Senior Program.

Police Chief Brown introduced Aileen Flores, Management Analyst in the Police Department.

Facilities Manager Hodnick introduced Tom Deitemeyer, Maintenance and Facilities Crew Leader in the Community Services Department.

Dick Miller, Claremont Rotary, presented a check in the amount of $1,661, to purchase handicapped accessible picnic tables for Memorial and Blaisdell Parks.

PUBLIC COMMENT

Mayor Held 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.

Bill Wagner, 217 Oberlin Avenue, stated he now has 113 signatures requesting Second Street not be put through to Oberlin Avenue. He indicated Second Street does not have to connect to Oberlin and suggested making Second Street a cul-de-sac after crossing Indian Hill.

Tom Lamb, 620 Miramar Avenue, said he is concerned the City has favored the Club when making decisions about the wellness center, the assisted living center and L.A. Fitness. He said Council needs to consider long range planning for the City and consider cumulative impacts.

Gary Mizumoto, Save Rural Claremont, discussed the City’s application for the Helen Putnam Award. He said the City commended itself for it’s inclusiveness but failed to note the outcry over awarding the officers the Employee of the Year awards, the controversy over hiring Tom Scheidecker, or the methodology of racial profiling. He read a speech written by Joseph Goebbels and said that the city manager would make a world-class fascist.

The City Council recessed at 6:58 p.m.

The City Council reconvened at 7:02 p.m.

Mike Noonan, 643 South Indian Hill Boulevard, stated he is shocked at the Helen Putnam Award as it mischaracterizes the spirit of the Landrum group. He said the application is full of lies, distortions and half-truths. He indicated the group has been diligent in its effort for peaceful rallies and deserves a written apology from the City Manager. He said the family was outraged by the $5,000 settlement offer.

Eleanor Rector, Towne Avenue, read scripture about trusting in God and repenting of sins.

PUBLIC HEARINGS

1. 2001-02 Voter Approved Landscaping and Lighting District Fees

Community Services Director Sheldon reviewed the staff report and recommendation that the City Council hear public comment, close the public hearing and adopt the resolution confirming and levying Landscaping and Lighting District fees with a 3.2% increase for fiscal year 2001-02.

Mayor Held opened the public hearing.

Tom Lamb, 620 Miramar Avenue, stated it is difficult to consider an increase in a fund when money is being given to the School District for sports field lights. He said this is a gift of public funds and is illegal. He indicated the School District is responsible and should use the RAD funds for maintenance and improvement of parks located on school sites. He suggested reducing staff and spending to avoid raising fees.

Mike Noonan, 643 South Indian Hill Boulevard, said parks should not be elevated above other priorities. He noted he sees empty parks with lights on and suggested a new park with lots of lights should be a lower priority. He urged approval of the third alternative to obtain more information about future projects and how much energy the City will need in the future. He suggested then calculating a fee designed to cover those needs.

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

Mayor Held said the focus of the Council retreat will be to look at the future needs of the community.

City Attorney Carvalho responded to Mr. Lamb’s concern and noted there is an agreement with the School District for programs and the courts will only consider whether the funds serve a public purpose.

Councilmember Rosenthal stated the City has cut down the use of lights and the new sports park will have definite controls on lighting.

Councilmember Leiga stated most lights are security and streetlights and people are comfortable about their use. He said he wished there was some other alternative to having well-maintained city parkways and parks, however, the community values amenities in landscaping and lighting. He expressed concern about spending more from the General Fund to maintain the quality.

Councilmember Baldonado moved to adopt Resolution No. 2001-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CONFIRMING A DIAGRAM AND ASSESSMENT, AND LEVYING THE ASSESSMENT FOR THE 2001-02 FISCAL YEAR IN CONNECTION WITH LANDSCAPING AND LIGHTING DISTRICT NO. LL001 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, seconded by Councilmember Rosenthal and unanimously carried.

2. Proposed User Fee Adjustments for Recreation Programs

Mayor Held opened the public hearing.

Councilmember Leiga moved to continue the public hearing to July 10, 2001, seconded by Councilmember Rosenthal and unanimously carried.

ORDINANCES – None

ADMINISTRATIVE ITEMS

3. Measure A – Taxpayer Initiative Report

City Attorney Carvalho reviewed the staff report and recommendation that the City Council provide direction to staff.

Councilmember Miller suggested an additional alternative that would disclose the facts of the passage of the measure and the City’s legal stance to inform the parties about the history and about the exposure they may present to someone else. There would be only a nominal cost to that disclosure and would not add additional risk.

Councilmember Rosenthal inquired as to the definition of value and asked how the value of a land entitlement such as a CUP or variance is determined.

City Attorney Carvalho stated the measure does not provide direction on how to assess value. She suggested interpreting it as broadly as possible if Council wishes to move toward disclosure.

Councilmember Rosenthal asked if it can just be said that this contract may be subject to provisions of Measure A.

City Attorney Carvalho stated the language will be simple as the City has discretion because of how the measure was drafted.

Councilmember Leiga expressed his concern that proceeding down this path may compromise receiving judicial review.

City Attorney Carvalho stated the measure is in the City’s code and requires the City to make disclosure and failure to do so could result in a claim. She stated if the City does not disclose in accordance with the measure, it will still leave the City potentially exposed to a claim.

Councilmember Leiga asked if a claim could result in judicial review.

City Attorney Carvalho stated if the claim is limited to the issue of disclosure, there may not be a review of the First Amendment issues. There would need to be a challenge against a public official as disclosure does not impact First Amendment issues.

Chairman Held invited public comment.

Tom Lamb, 620 Miramar Avenue, said Council, City Attorney Carvalho and City Manager Southard have taken an oath to uphold the laws of California and the ordinances of Claremont. He said Measure A was passed by the people of Claremont and if Council and staff refuse to implement the measure, they are violating their oath. He indicated the city attorney has given incorrect counsel and said the City is susceptible to a lawsuit if it defends someone who violates the law.

David Wethering, 3341 7th Street, stated Council must enforce the will of the people until a judicial action is taken to say otherwise. He said if there is a clause of severability, it is unlikely that any court would find unconstitutional a call for disclosure even if the measure were declared unconstitutional. He said it is more likely that Council would be liable for criminal behavior if the law is found to be constitutional and there was no disclosure.

Gary Mizumoto said it is his understanding that the Oaks people do not question the constitutionality of the measure and he asked why they would join the City to determine its constitutionality. He noted San Francisco implemented the measure without a fuss and asked why no alternatives have been put forward to address the issues of conflict of interest.

Susan Castagnetto, 463 West 10th Street, stated Measure A requires the City give written notice to those receiving benefits and the City is obligated to implement the measure until the court decides otherwise. She indicated the ruling of Vista Superior Court has been vacated so it no longer exists. She said disclosure will give bidders a choice. By not implementing, Council is gambling that the measure will not be upheld in court. She said she believes the measure is constitutional and has no interest in going to court. She said she is willing to work with the City and urged Council to notify bidders.

Mike Noonan 643 South Indian Hill Boulevard, indicated the City has nothing to lose by stapling Measure A to bid documents and there may be a lawsuit in the future because someone was not put on notice. He said this issue will end up in court sooner or later and the City should appear compliant. The taxpayer will ultimately be paying legal fees and this vote will be an issue at the next election.

There were no further requests to speak.

Mayor Held noted the oath is not to uphold ordinances but to uphold the Constitutions of the United States and the State of California and this is why this measure has troubled the Council. He indicated Council has received countless legal opinions stating the measure is not constitutional. He said with regard to severability, Council has been advised the measure is so full of interconnected issues that one cannot sever the unconstitutional portions from the constitutional. He agreed Council could come up with something in the future to address this issue. He acknowledged there are very different positions but resolution could be considered together.

Councilmember Rosenthal stated there are a number of rules already in place to control campaign contributions. She explained the City’s ordinance putting in place a $250 limit and requiring anything over $50 or over be reported. She noted the state enforces campaign reporting and conflicts of interest, as well. She indicated history shows that commissioners and councilmembers step down when they have a conflict and do not ignore the underlying values of the measure.

Councilmember Miller stated he is suggesting that any potential contract party be informed that Measure A passed in an election in March of this year and what the Council’s position is regarding implementation and enforcement. This would not necessarily comply with the letter but certainly the spirit. He said even if Measure A did not require disclosure, he would still want to provide this information as it is reasonable and fair to inform people as to their exposure.

Councilmember Held suggested attaching a copy of the measure and Council’s position.

Councilmember Miller said he would encourage more people to read Measure A and write a set of rules and regulations on how to implement and enforce the measure. He asked what the City’s obligation is in terms of enforcement besides disclosure. He said his reading of the measure indicates that prosecutorial powers rest with the private citizens and monitoring receipt ill-gotten gains is the burden of officials and employees. He asked what exactly would the City’s implementation look like, save disclosure.

City Manager Southard suggested Council instruct the city manager and city attorney to include disclosure language in bid documents similar to what was written by the city attorney with a second paragraph articulating the Council’s position. He suggested the entire ordinance need not be attached, however, direction will be given that the ordinance is on file with the city clerk. He noted that staff will include it in as many documents that are applicable.

Council concurred.

The City recessed at 8:08 p.m.

The City reconvened at 8:14 p.m.

4. Establishment of League of California Cities Grassroots Network

Senior Management Analyst Lewis and City Manager Southard reviewed the staff report and recommendation that the City Council vote in favor of amending the League of California Cities’ bylaws to establish a Grassroots Network.

Mayor Held invited public comment.

Mike Noonan, 643 South Indian Hill Boulevard, urged Council not to support this and said the League is a union of city managers promoting the interests of city managers and those interests diverge from those that pay their salaries. He said the League will support anti-union legislation and oppose open meeting laws. He indicated City Manager Southard is tight in the League and received some kind of stipend for this.

Mary Noonan said it is hardly a grassroots effort if there are 14 paid employees. The League is not working for taxpayers and urged Council to defer a decision until they have specific information regarding this program.

There were no further requests to speak.

Councilmember Rosenthal stated that in the four years she has been on Council, the League has done an about face, especially since hiring Chris McKenzie. Mr. McKenzie found that cities need to have more clout in Sacramento. He noticed how much money is taken away and not given back by legislators responding to lobbyists for larger organizations and cities had no voice. She indicated she has some reservations but is willing to give Mr. McKenzie a chance to implement the program. She noted it can be discontinued by a simple board vote and most cities have clout with the board and their voices will be heard.

Councilmember Leiga stated this is an excellent step to get clout in Sacramento and ensure that money comes back into the community.

Councilmember Baldonado stated she is not a participant in most of the programs of the League and thinks the bottom line is money. The only way to get anything passed is to make contributions to legislators. She said she will not support this as it will not give cities the clout that is needed.

Councilmember Miller stated he is concerned that as state finances deteriorate, the state will divert funds from cities and counties into the state budget. He asked if there is an alternative strategy for countering the states actions.

Councilmember Rosenthal stated if the League did not exist, the City would hire someone to go to Sacramento to act on their behalf.

Mayor Held stated he agrees with Councilmember Baldonado in that money talks and power talks and the City does not have either of them. He indicated he is not sure this is the solution but does not have a better suggestion. He said he is pleased evaluations are built in as well as a sunset. He expressed his willingness to support the program and said he wants the program to be monitored.

Councilmember Leiga moved to support amending the League of California Cities’ bylaws to establish a grassroots network, seconded by Councilmember Rosenthal and carried on a roll call vote as follows:

AYES: Councilmember – Leiga, Rosenthal, Held

NOES: Councilmember – Baldonado, Miller

5. Claremont Inn Bankruptcy Update (RDA)

Economic Development Manager Miller reviewed the staff report and recommendation that the Agency Board receive and file this update.

Boardmember Baldonado asked how much is still owed and what will happen if there are no bidders.

Economic Development Manager Miller stated $25,000 is owed and said that since declaring bankruptcy, the Inn has paid the TOT. He indicated that if there are no bidders, the holder of the first note will then receive the property as a security.

Executive Director Southard stated the judge does have discretion to consider others.

Boardmember Rosenthal inquired as to the true costs to turn it around.

Economic Development Manager Miller stated the last proposal was $6.1 million and the court did not approve it. This does not include the old school house.

Executive Director Southard stated the value is not there for that property to get repositioned and he does not think it is worth more than 3 or 4 million dollars. He noted there are entitlement issues and parking issues but it could be done if the old school house is included.

Chairman Held invited public comment.

There were no requests to speak.

The Agency Board received and filed the Claremont Inn Bankruptcy Update.

CONSENT CALENDAR

Mayor Held invited public comment.

Tom Lamb, 620 Miramar Avenue, requested an explanation of annexation 693.

Mike Noonan stated Wheeler Park is no longer a passive park and he cannot go there to relax. He said he has gathered signatures and rarely has found a Claremont resident that attends roller hockey games. He urged Council not to approve plans and specifications for Wheeler Park.

There were no further requests to speak.

Councilmember Leiga removed Item No. 11 from the Consent Calendar. Item No. 8 was removed by Councilmember Rosenthal. Councilmember Rosenthal moved to approve the remainder of the Consent Calendar as presented, seconded by Councilmember Leiga and unanimously carried.

Written Communications, Outside – None

Routine Administrative Items

6. City Warrant Registers

Received and filed City warrants totaling $1,234,277.29.

7. Redevelopment Agency Warrant Registers

Received and filed RDA warrants totaling $16,743.19.

8. City Council/Redevelopment Agency Minutes of 5/22/01 (special and regular)

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

9. Architectural Commission Minutes of 5/9/01

Received and filed.

10. Claims for Damages: Alkaissi, Bilal, Bodley, Frost, Kim, Mitchell, Robles

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

11. Sanitation District of Los Angeles county Request for a Negotiated Exchange of Property Tax Revenues

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

12. Wheeler Park Roller Hockey Facility – Approval of Plans and Specifications and Authority to Solicit Construction Bids

Approved the plans and specifications for the Wheeler Park Roller Hockey facility improvements and authorize staff to solicit construction bids.

13. Authorization to Solicit Bids for One (1) Alternative Fuel and Two (2) Diesel Fuel Refuse Trucks

Authorized staff to solicit bids for the replacement of one commercial refuse collection truck and two residential refuse collection trucks.

¨¨¨ END OF CONSENT CALENDAR ¨¨¨

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION

8. City Council/Redevelopment Agency Minutes of 5/22/01 (special and regular)

Councilmember Baldonado moved to approve and file the City Council/Redevelopment Agency Minutes of 5/22/01 (special and regular), seconded by Councilmember Leiga and carried with Councilmember Rosenthal abstaining.

11. Sanitation District of Los Angeles County Request for a Negotiated Exchange of Property Tax Revenues

Councilmember Leiga stated he has a conflict of interest as he lives within 500 feet of the subject properties.

Councilmember Rosenthal moved to adopt Resolution No. 2001-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING THE LOS ANGELES COUNTY SANITATION DISTRICT’S REQUEST FOR TAX REVENUE SHARING FOR ANNEXATION NO. 693 SANITATION DISTRICT #21, seconded by Councilmember Baldonado and carried with Councilmember Leiga abstaining.

CONTINUED PUBLIC COMMENT - None

CITY MANAGER REPORTS

City Manager Southard reported the community center is coming along very nicely, is on target, within budget and scheduled for a grand opening on July 23. He mentioned the study session held earlier on the sewer fee and noted a public hearing will be held at the next meeting. He announced he has sent out a memo to employees for summer dress as the thermostats have been set higher. He said Mr. Mizumoto made disgusting comments, and while calling for civility has no desire to practice it. City Manager Southard said that to salute him as a Nazi is offensive to him and his family as many are Jewish. He said he has first amendment rights and intends to discuss this at the retreat. This is unacceptable and he does not intend to take insults anymore.

MAYOR AND COUNCIL

Council Items

14. SEMS Training for Council

Council set June 26, 2001, at 5 p.m. as the date for SEMS training.

Subcommittee/Council Assignment Reports

Councilmember Leiga expressed concern about the Planning Commission approval of beer and wine at the Sagehen Café and called the matter up for Council review.

Councilmember Rosenthal reported there will be no Sanitation District rate increase for fiscal year 2001-02. She noted Council received an invitation to tour the City of Industry’s transfer station which is anticipated to be a rail waste transfer station if the desert proposals come into being. She reported the SGVCOG meeting covered environmental challenges and opportunities in the San Gabriel Valley. There were over 15 speakers who spoke about various public policy questions such as energy use, green space, power supply and demand, and nature versus recreation. She noted most speakers talked about sustainability and livable communities and steps to take to enhance livability. She indicated Claremont is already on track in many of these areas.

15. Commission Appointments

Councilmember Baldonado stated the Council ad hoc committee has interviewed a number of people as well as considered and reviewed applications of those who applied for the Police Commission. She said the Committee has three names for two slots. The Committee recommends the appointment of Lisa Donnell to the Planning Commission and nominates Ellen Taylor and Jim Burke for the second vacant position.

The Committee discussed the attributes of each candidate.

Councilmember Rosenthal stated she has a question about the Taylor’s involvement in the redevelopment area and how that might affect the General Plan discussion.

Mayor Held stated he reviewed the various reports from the Community Dialogue Committee and Study Circles and said there was a sense that new faces are wanted on the commissions. He noted he did meet with Jim burke. He commented he would like more diversity on this commission.

Lisa Donnell and James Burke were appointed to the Planning Commission by the following vote:

Councilmember Miller – Ellen Taylor and James Burke

Councilmember Baldonado – Ellen Taylor and Lisa Donnell

Councilmember Leiga – Lisa Donnell and James Burke

Councilmember Rosenthal – Lisa Donnell and James Burke

Mayor Held – Lisa Donnell and James Burke

COMMISSIONS - None

ADJOURNMENT

Mayor Held adjourned the meeting at 9:12 p.m. The next regular meeting of the Claremont City Council and Redevelopment Agency will be held on June 26, 2001, at 6:30 p.m. in the City Council Chamber, 225 W. Second Street, Claremont, California.

Mayor

ATTEST:

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City Clerk