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2004-08-03 Special CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - AUGUST 3, 2004- -7:20 P.M. Mayor Johnson convened the Special Meeting at 7:56 p.m. Councilmember Matarrese led the Pledge of Allegiance. Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr, Matarrese and Mayor Johnson - 5. Absent: None. enda Item (04 -389) Status of Harbor Isle Apartments. Public Comment: Sandra Williams, Resident; Vickie Smith, Alameda; Michael Yoshii, Koshland Awardees; Gloria Guerra, Alameda; Teresa Harrison, Resident; Victor Grayson, Resident; Reginald James, Resident; Stephanie Reynolds, Resident; Lester Dixon, Alameda; Blondell Ratcliff (sister spoke on her behalf) ; Althea Franklin, Alameda; Deborah James, Resident; Garysha Youngblood, Resident; Gariana Youngblood, Resident; Negwa Salih, Resident; Nahid Salih, Resident; Dolly Brooks, Resident; Lynn Christiansen Esquer, Fifteen Group; Samarian Hosea, Resident; Fina Lloyd, Resident; Jeremy Prickett, Campaign for Renters Rights (CRR); Richard Mellor, CRR; Sheila Smith Thomas, CRR; Modessa Henderson, Resident; Delores Wells - Guyton, Resident; Destiny Thomas, Resident; Laura Wolz, Alameda; Lynette Lee, Renewed Hope; Jeanette Spencer, Resident; William Smith, Renewed Hope (submitted information); Margie Pacheco, Resident; C. Lisa Mitchell -Reed, Resident; Merylou Ramirez, Resident; Tom Matthews, Renewed Hope (submitted letter); Carl Halpern, Alameda Multicultural Center; Sharonda Click, Resident; Judy Gant, Resident (Interpreter read statement); Lillie Thornton, Resident; Mickella Pouncil, Resident; Mosetta Rose London, Alameda; Eve Bach, Arc Ecology; Tyra Lewis, Alameda; Gebrehiwot Tesfandrias, Resident; Regina Tillman, Resident; Dr. Robert Tal, Alameda; Quiana Robertson, Resident; Isolina Cadle, Resident; Lorraine Lilley, Resident; Clinton Lenoir, Resident; Haile, Resident; Kristine Vallado, Resident; and Barbara Manning, Alameda. Mayor Johnson stated that she has a list of questions for staff; inquired what are the City's options to deal with the issue; that whether an injunction is a possibility; stated there has been delayed maintenance; inquired whether a landlord can neglect a property and evict all the tenants in order to take care of delayed maintenance; who is on the task force; are residents on the task force; if not, why not; can there be residents on the task force; Special Meeting Alameda City Council 1 August 3, 2004 have building permits been applied for or granted; is there any activity within City departments; stated the task force needs to work to get relocation money; construction should be phased to stop the mass eviction of tenants; there is no reason why renovations could not be completed in a phasing; there is only 600 occupancy; renovations could start in vacant units; the Council has been raising the issue of the building condition for months; inquired why the City has not been more aggressive enforcing the building codes; stated there are known violations; not enough has been done; people cannot live in the conditions mentioned tonight; the task force has been working for a couple years and have developed a working relationship with the owners; inquired why the City did not know about the issue before last week; when did staff learn about the mass eviction; requested the Police Chief to address complaints about the security guards; stated security guards are not exempt from the law. Councilmember Matarrese requested that the City Attorney address whether there could be criminal charges; stated the City has taken far less egregious code enforcement cases to the criminal level; the landlord has 149 Section 8 vouchers, which is 250 of the tenants; the City should only issue permits to mitigate health and safety violations, such as the backed up toilets, holes in the fence and non - working elevators; the [Fifteen Group] principles need to meet with the City. Vice Mayor Daysog stated people are willing to live through the struggles with the property management company because they believe in Alameda; the Harbor Isle Apartments are an important part of Alameda's identity; many organizations attended a meeting Saturday to come to the aid of residents; the City of Alameda was missing from the meeting; many solutions were raised at the meeting; City staff needs to work with the Harbor Isle residents; the apartments are a valuable stock of housing for low- income working class families; the City is big enough to accommodate families of all economic levels. Councilmember Kerr stated the City should not stand in the way of the owner getting permits; the buildings need to be repaired; landlords are required to provide a safe place for tenants to live and habitable rental units; for years she has been saying that the City needs to enforce the landlord - tenant laws of the State; the City has done enforcement with smaller landlords, not the big problems. Vice Mayor Daysog stated direction needs to be given to staff to work with the community; the residents have come up with workable solutions. Special Meeting Alameda City Council 2 August 3, 2004 Councilmember Gilmore stated the City needs to get practical about how the problem will be addressed; the property has been neglected for years; there have been repeated requests to have things fixed; the landlord has promised work will be completed, but it is not; any direction to staff should be heavily focused on actions; the landlords needs to be responsive; the City should use whatever tactics, legal or other methods, to get the landlords attention; people in business can make a profit without trampling on people's sensibilities; inquired how an 8:00 p.m. curfew could be established in the summer, when it does not get dark until 9:00 to 9:30 p.m.; stated having a security force which the residents fear makes no sense; hard questions need to be asked; inquired why tenants of Building 15, which is newer, have received eviction notices; stated the City needs to investigate the landlord not fulfilling responsibilities. The Housing Authority Executive Director stated options are: extend the dates of the notices to give people more time to relocate; expedite the return of security deposits; provide relocation services on site; a relocation consultant could prepare a packet with information on utilities, address change, school districts and enrollment dates, and social service resources. Mayor Johnson inquired whether financial assistance with relocation could be included; stated people indicated they want to move, but cannot afford it; owners should offer money for relocation to the people who want to move. The Housing Authority Executive Director stated the list of options includes: financial assistance to help with moving costs; crisis intervention; stress counseling; having other Alameda rental property managers accept applications and interview applicants on site; help in packing; van rental; packing supplies; and dumpsters on site. In response to Mayor Johnson's requested that phasing be addressed, the Housing Authority Executive Director stated staff would request project phasing. The City Attorney stated the City is dealing with private rental property and is left with indirect remedies; possible remedies are: pursue Section 8 protections; the City can pursue and discuss with Housing and Urban Development (HUD) disparate treatment analysis or if there is ability to assist with the 149 Section 8 units; the City has the authority to pursue criminal or civil code enforcement violations; seek an injunction at the superior or federal court for disparate treatment or civil rights violations; all tenants have Special Meeting Alameda City Council 3 August 3, 2004 individual notices and individual rights to object; tenants could choose not to move, fight eviction, and pursue individual actions civilly, criminally and in small claims; the tenants could band together; public nuisance action could be taken based on the consistent violations; under the Charter, the City Attorney cannot authorize litigation without going to the Council or City Manager; a closed session could be held or Council could delegate authority for the City Manager to evaluate possible litigation scenarios and to pursue the litigation which seems feasible. In response to Mayor Johnson's inquiry about whether Council could take action, the City Attorney responded Council can give direction and guidance. The City Attorney stated that she would contact the owner's local attorney to express the legal options and the Council's dismay; tenants could contact the owner in Florida. Mayor Johnson stated residents asked questions about who are the owners; residents are entitled to the information; requested that staff make the information available. In response to Councilmember Matarrese's request for clarification on filing a discrimination lawsuit in federal court, the City Attorney stated a challenge is the lack of a basis [for a lawsuit] because the City is not a directly affected person; a possible theory for an injunction would be disparate treatment and a civil rights violation. Mayor Johnson stated the City needs to be really aggressive; there were mass evictions in Oakland and the City of Oakland filed a lawsuit; further stated the City needs be very aggressive about code enforcement, which should go to the apartments tomorrow. Councilmember Matarrese stated the City Manager's office should give Code Enforcement staff specific direction to gather evidence; the City is trying to stop people from being sent out on the street, but people should not be sent back into places with raw sewage. Mayor Johnson suggested tenants with code enforcement violations contact the City and allow City staff access to take pictures. Vice Mayor Daysog stated the City has an abundance of resources to work with the community to get the property owners to do the right thing; the City should meet with the leadership of the community to provide focus on how to deal with the matter. Special Meeting Alameda City Council 4 August 3, 2004 Mayor Johnson stated code enforcement should be done in addition to any other actions. Councilmember Gilmore requested that the Fifteen Group's representative inform the company's management that the City Council is unhappy with the evictions and the City will move aggressively to halt it; the management should come prepared to have a discussion about the issue on Thursday. The Chief of Police stated 5 years ago there was a high amount of crime; the Police Department called a meeting of City staff, the apartment building manager, and other apartment managers in the area; the problem is management changes rapidly; just as relations are built, new management takes over; the task force has representatives from the City Attorney's Office, Alameda Power and Telecom, and the Police, Fire, Public Works, Development Services, Planning and Building, and Parks and Recreation Departments; having a representative from the community is an outstanding idea; one or two resident representatives could attend the meeting on Thursday; the Fifteen Group's owners will be at the meeting to listen to concerns; concerns raised tonight by residents will be conveyed to the property owners; further stated the eviction notices were a surprise to everyone; the City was blindsided; at a meeting several months ago, the owners made generic comments about improving the property; nothing was definitive; further stated security guards are not exempt from the law; the matter will be addressed with the Fifteen Group; the Police Department was not aware of criminal or misdemeanor violations by security guards. Councilmember Kerr stated the City needs to stop worrying about building relationships with constantly changing management and needs to enforce the landlord - tenant laws of the State. In response to Councilmember Gilmore's request for staff to address the question about permits being pulled, the Development Review Manager stated no permits are on file or being processed at the current time. Mayor Johnson inquired whether there are any applications, to which the Development Review Manager responded in the negative. Councilmember Gilmore inquired whether staff was involved in any conversations with the owner. The Development Review Manager responded in the negative; stated eight to ten code enforcement items have been reported over the last few years; none were as significant as items raised tonight. Special Meeting Alameda City Council 5 August 3, 2004 Mayor Johnson stated permits would take time to process; the City does not know the property owner's plans; therefore, there is not urgency to evict people. The Development Review Manager stated business cards are available for people to contact the City regarding code enforcement; suggested a list of items be provided and Code Enforcement staff be permitted to enter apartments to see the violations. The Acting City Manager stated the Development Review Manager would be available to meet with the tenants after the meeting; provided the telephone number for the Building Services Department. Councilmember Kerr suggested that the landlord give tenants a 24- hour notice of entry; then, Code Enforcement staff would be free to enter apartments accompanied by a landlord representative. Vice Mayor Daysog stated renovations are valued at $13 to 15 million; inquired whether a permit would be needed at some point. The Development Review Manager responded in the affirmative; stated electrical and plumbing permits would be needed at a minimum; staff anticipates there will also be a major design review. Vice Mayor Daysog stated there is a change in how the City is dealing with the crisis at the Harbor Isle Apartments; the next step is to have more focus; people who have taken leadership roles should meet with City staff to begin to find a solution. Mayor Johnson suggested Council give direction to explore the legal options; inquired whether the matter could return to the Council quickly; stated an action, such as filing an injunction, could not wait until the next Council meeting. The City Attorney stated there is authority for the City Manager to authorize litigation under the Charter; the Council could address the matter in closed session or the City Attorney could work directly with the City Manager's office on authorizing litigation under the Charter. Mayor Johnson stated the direction would be to authorize the most aggressive litigation possible. The City Attorney stated a particular action is not needed because the City Manager has the authority to authorize litigation; that she understands the direction; there could be multiple cases of litigation. Special Meeting Alameda City Council 6 August 3, 2004 Councilmember Gilmore stated the City Attorney mentioned tenants' rights; encouraged tenants to do whatever possible, e.g. file a lawsuit or contact the landlord. Mayor Johnson stated the Council comments should be incorporated into the list of actions; such as, having the landlord refund security deposits and providing moving assistance for tenants who want to move; landlords can find reasons not to give back security deposits; then, tenants have to file lawsuits in small claims court; inquired whether staff understood all of the comments and direction to be incorporated in discussions with the owner. Councilmember Matarrese stated the direction given should be summarized in order to be clear. The City Attorney stated the direction to the City Attorney's office is to seek authorization from the City Manager's office to pursue litigation, pursuant to the Charter; evaluate legal options; aggressively pursue litigation, including Section 8 protections; criminal and civil code enforcement; injunctions in superior and federal court; public nuisance action; first thing tomorrow, Code Enforcement staff is to set up a process to deal with the potential code enforcement activities; establish a process for inspection and aggressive code enforcement activity; the Fifteen Group representative present tonight is to convey the different activities to management; there has been a general direction of frustration and dismay; suggested Councilmembers provide any additional directions to staff tomorrow. Mayor Johnson stated the apartments are only 600 occupied; questioned why renovations could not begin with the other [vacant] 400; phasing should be reviewed; permits have not been pulled. Vice Mayor Daysog stated the City needs to work with the community; the City needs to work with the people who have taken leadership roles to ensure ideas will work. Mayor Johnson stated the Chief of Police would implement a process to have a couple of residents on the task force. The City Attorney stated all direction would be communicated to the Fifteen Group's local attorney. Mayor Johnson inquired whether there is a way residents can receive information after the meeting on Thursday. The Housing Authority Executive Director responded staff can draft an informational memo and place it on the Housing Authority's Special Meeting Alameda City Council 7 August 3, 2004 website, the City's website and have hardcopy available. Councilmember Kerr stated the City Attorney restated direction; enforcing the landlord - tenant laws of the State was not mentioned. The City Attorney stated said action was included in public nuisance and different litigation options. Mayor Johnson requested staff be available in the hall to meet with residents and answer questions. AdIournment There being no further business, Mayor Johnson adjourned the special meeting at 11:12 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council 8 August 3, 2004