2004-08-24 Special CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - AUGUST 24, 2004- -7:30 P.M.
Mayor Johnson convened the Special Meeting at 7:48 p.m.
Councilmember Gilmore led the Pledge of Allegiance.
Roll Call - Present: Councilmembers Daysog, Gilmore, Kerr,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
None.
AGENDA ITEM
(04 -442) Discussion of status of Harbor Island Apartments,
including owner - proposed renovation project.
The Housing Authority Executive Director gave a brief update on the
maintenance and police issues at the Harbor Island Apartments;
stated the City met with the property owners to discuss extending
the eviction date, phasing renovations, and assisting with
relocation.
The following speakers addressed the Council regarding the mass
evictions at the Harbor Island Apartments: Richard Neveln, Alameda;
Terry Engstrom, Alameda; Arthur Lipow, Alameda; Anthony Rolley,
West End Athletic and Academic League; Modessa Henderson, Alameda;
Susie Marie Salminen, Alameda; Nancy Engstrom, Alameda; Zubida
Bakheit, Alameda; Stephanie Reynolds, Alameda; Jeremy Prickett,
Campaign for Renters Rights (CRR); Blondell Ratcliff, Alameda;
Janaia Monique Hyde, Alameda; Tom Matthews, Renewed Hope; Bill
Smith, Alameda; William Smith, Renewed Hope; Johnnie Lewis,
Alameda; Nagua Salih, Alameda; Richard Mellor, CRR; Lucille
Landoner, Harbor Island Tenant Association; Grebrehiwof
Tesfandrias, Alameda; Isolina Cadle, Harbor Island Tenant
Association; Delores Wills Guyton, Harbor Island Tenant
Association; Lorraine Lilley, Harbor Island Tenant Association;
Brian LeGrand, Harbor Island Tenant Association; Regina Tillman,
Alameda; Brooks, Alameda; Helen Sauie, Housing Opportunities Makes
Economic Sense (HOMES); C. Landry, Alameda; Eve Bact, Alameda; and,
Judy Gant, Alameda.
In response to Mr. Rolley's inquiry regarding Council's action on
the Harbor Island Apartments, Mayor Johnson responded that Council
directed the City Attorney to initiate litigation; stated the
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details could not be discussed.
In response to Ms. Henderson's inquiry on when the tenants would
have to leave, the City Attorney responded that Council has
authorized and directed filing of litigation; initially, the City
would seek a temporary restraining order, placing a stay on the
notices until the tenants' legal rights are addressed; there is a
written commitment from the landlord stating that no one has to
move before November, which may be extended to January; the tenants
need to assist the City through the litigation process; the City is
reviewing State and federal laws which protect tenant rights; the
ultimate goal is to use litigation to solve the problems; the
status of tenant and landlord negotiations needs to be communicated
to the City Attorney.
Mayor Johnson requested the City Attorney to provide an explanation
of an injunction.
The City Attorney stated that a temporary restraining order would
request that everything be status quo until tenant rights are
resolved; the court hearing would be set within a couple of months.
Mayor Johnson stated the City is seeking to stop the eviction
notices; a court hearing date would be set in a short time; another
hearing date would be set to address a longer term restraining
order.
In response to Ms. Reynolds' inquiry regarding the possibility of a
rushed court date, Mayor Johnson responded that a hearing date
could be scheduled within two weeks from the request; the situation
warrants a priority in the court system.
Mayor Johnson inquired when the Court is required to set a hearing
date after considering the temporary restraining order, to which
the City Attorney responded 15 days.
Vice Mayor Daysog stated the City must work with the residents to
ensure that the pros and cons in pursuing litigation are
understood.
Mayor Johnson requested staff to address code enforcement and
planning issues.
The Housing Authority Executive Director stated that on August 11,
56 complaint forms were received; on August 12, a code enforcement
officer reviewed the complaints and deemed 22 valid; a code
enforcement officer inspected the repairs; all repairs were
completed, except for one case, in which a tenant refused entry.
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Vice Mayor Daysog requested that violations be summarized
categorically by code.
Mayor Johnson requested staff to address the planning issues.
The Housing Authority Executive Director stated site improvements
include additional trees and shrubs, reconfiguration of the
irrigation system, an upgraded screen wall along the north property
line, addition of an enhanced entry to the north parking area,
consolidation of trash removal, replacement and reconfiguration of
existing walkways, addition of a new entry at the visitor parking
entrance, and addition of 64 enclosed garages; exterior
improvements include new windows, guard railings and balconies,
applied trim elements, partial walls added to the existing
balconies, and new exterior lighting; interior improvements include
new kitchen cabinets and appliances, electrical upgrades, new
bathroom fixtures and finishes, new washer and dryer hookups, new
carpet and paint, new hardwired smoke detectors, new hallway
flooring, lighting and paint; there are plans for a new clubhouse
building, and deck overlooking the pool.
Mayor Johnson suggested that tenant representatives provide names
and telephone numbers.
Vice Mayor Daysog inquired about the sprinkler systems, to which
the Housing Authority Executive Director responded there is a fire
sprinkler system in one building.
Vice Mayor Daysog inquired whether all buildings should have a
sprinkler system, to which the City Manager responded in the
affirmative; sprinkler systems would be installed during
renovation.
Vice Mayor Daysog inquired whether the $15 million in improvements
included sprinkler systems, to which the Housing Authority
Executive Director responded that he was not sure.
Vice Mayor Daysog inquired whether the absence of sprinkler systems
is a code violation, to which the Housing Authority Executive
Director responded in the negative; when applying for the
rehabilitation permits, code requirements would include sprinkler
systems.
Mayor Johnson requested that the Notice of Funding Availability
[NOFA] information provided by Ms. Guyton be forwarded to Council.
Vice Mayor Daysog requested more information on the sprinkler
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system be provided to Council.
Councilmember Gilmore inquired whether the sewage has been cleaned
up, to which Ms. Lilly responded in the negative.
Mayor Johnson requested a copy of Ms. Lilly's sewage and water
bill, and a police activity report for the last few weeks.
In response to Ms. Lilly's inquiry regarding stress relief
counseling services, Mayor Johnson responded that the owners should
be requested to provide the service.
In response to Ms. Lilly's inquiry regarding code enforcement
fines, the City Manager responded that the Planning Department
would provide information.
Mayor Johnson requested the Housing Authority Executive Director to
explain the Section 8 contract renewal process.
The Housing Authority Executive Director stated that there is a
difference between code violations and housing quality standard
violations; when entering into a Section 8 contract, units must
meet the Housing and Urban Development (HUD) housing quality
standards; payments are abated if standards are not met within 30
days; there has been poor HUD management and administration
practices; the City has not entered into any Section 8 contracts at
the Harbor Island Apartments since last January but continues to
honor existing contracts.
Vice Mayor Daysog requested a staff report on the sprinkler
system's existing condition, how it compares to the existing code
regarding safety, and the improvement plans; requested staff to
discuss the asbestos and lead issue; the City needs to work with
the residents to ensure that City actions are understood.
Councilmember Matarrese requested that Alameda County Vector
Control be contacted to respond to pest problems immediately.
Councilmember Gilmore requested a follow up on the sewage and water
bill submitted by Ms. Lilly.
Mayor Johnson requested samples of the rental contracts.
Councilmember Kerr stated that residents have lived in horrid
conditions for years; the best tenant option is to find another
landlord; the market would not support doubling the rent; tenants
need to be activists with their pocketbooks.
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Vice Mayor Daysog stated that community meetings continually make
reference to the Harbor Island Apartments as being a home to the
tenants and is worth fighting for.
Councilmember Gilmore requested staff to follow up on testimony
that the buildings were well maintained prior to 1996; requested
statistics on building code violation complaints and police
activity; a pattern and practice of neglect might be found.
Vice Mayor Daysog requested fire data for the past five years.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 9:40 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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