YCCR - December 11, 2007

Article Launched:12/16/07

I started to write this after the meeting but after assisting with the recount, had to meet some work obligations that I had to postpone.  That’s done and it’s now Saturday - lots of water under the bridge!  And yes, I never finished 12/4 but I will…

I arrived to a completely packed Council Chambers and managed to wedge my way in.  I couldn’t possibly report on attendance: I will not even attempt to list them.  The place was packed to the gills with even people outside in the hallway.  Many people who I have never seen at a council meeting and I hope they come back.  It will be interesting to see who comes next week.  What was unsettling was to see how jubilant Henke/Riley and pals were.  I hope it’s because they so disliked Gary Cloutier that they are happy to have Osby Davis as mayor and not that they think Davis will continue to give them the Vallejo store.  Is Davis contemplating selling off our lake system in order to pay for extravagant public safety contracts?  Why is it that we have the highest paid firefighters in the state (according to the Chron editorial) and we have the lowest household median income in the Bay Area?  Why are we paying firefighters more than San Francisco does? Why did we give firefighters a 10% raise in July when we are teetering on the edge of bankruptcy? What will Davis and the council majority that was supported by the firefighters do about it?  The question of the century.

There was also every good ol’ boy and girl in attendance (some were also at the recount, including Erin Hannigan’s dad) and I am not sure what they think they can get from Davis that they would not be able to get from Cloutier…  Terry Curtola, the giver-awayer of the Marine World property, Al DaSilva, the giver-awayer of prime waterfront property (John Osborne might want to question DaSilva about that $7 million he seems to think the Redevelopment Fund owes the City – and by the way John, its not $7 million and its not owed to the general fund.  Check out the Daily Scream on that issue – great post from Paul Norberg).  

I am not so sure though that Mayor Davis can be bought or influenced, and he came out very strongly against the lavish public safety contracts and stated that binding arbitration is not good for the city (I have an exact quote but I have to watch the forum).  We will have to wait and see – and be diligent about reporting about what happens at Council as well as research on the issues.  Speaking of research, I promised to find out who owns the post office property and I haven’t forgotten - I’ve just been busy.  I have other research to do and I’ll do it all together.  The research is the fun part so I’m looking forward to it! 

Cloutier presided over the beginning of the meeting, long enough to give a few closing words and offer the acceptance of the Election Certification.  Roll call was given, with Councilmember Hannigan’s “here” being the only words she spoke all night.  Council member Wilson was right behind her, with his “here” and his recusal from the Vallejo Golf Course consent item being his only other comment.

Councilmember Gomes made some very good comments about mishandling of the recount by the election board.  Unfortunately, the audience responded with boos.  The audience was booing over the fact that Gomes didn’t support accepting the certification, but they need to understand that all of our votes are in jeopardy.  This is about democracy, folks.  If the shoe was on the other foot, Council member Gomes would be your heroine. 

Council member Schivley noted that in light of the problems in the voting system, both candidates needed to do what they did, which she did get some applause. Gomes and Schivley voted against adopting the election certification.  

After observing the recount, I need to switch back to non-absentee.  All of you, who are absentee voters, listen up - if the County does nothing to change the system in which they count votes, you better switch back too.  You know right then and there at the polls that your vote was properly counted (oh, unless they count one precinct twice and skip yours: UH-OH!).

I went to the Solano County Board of Supes meeting on Tuesday where the Registrar discussed the many recount problems.  The Registrar misled the Supes on one of the charges brought by Cloutier - I know because I was there and have the notes to prove it. It is up to the Registrar to ensure the systems in which they tabulate votes are secure and he did not. The handling of the recount was sloppy.  And it looks to me like he was trying to cover up one of the recount errors during his comments to the Supes, and like I said, I have proof. I reported it to the CA Secretary of State, maybe they’ll take action.

Once Cloutier stepped down, Davis was sworn in by Solano Superior Court Judge Ramona Garrett.  I was in her courtroom for a few days as a potential murder trial juror (I was dismissed by both the prosecutor and the defense attorney) and she certainly has a tight rein on her court.  Don’t know much more about her except what I found on Google: what she earned in 2001, that she was in Vallejo’s MLK Day Parade a few years ago and that she used to be the Assistant D.A.

Davis thanked his family – several generations in the audience – his mother on the left of the room and mother in law on the right. He said he was numb in the brain and didn’t want to forget to mention the many folks who helped his campaign.   Said the evening was “bittersweet” but did not elaborate.

He said that the City needs to work together to address our issues and did mention that the “challenge is the police and fire issues” (you can say that again!).  Said we need a paradigm shift (I agree with this big time – so tired of the naysayers, Vallejo can’t be this or that.  It’s the old saying - those that can, do; those that can’t, don’t) and asked folks to join him.  Said if the City is to be what it wants to be, he needs the community to be part of the process.   But what does the City want to be?  That’s the big question for everyone and this election really illustrated that we are just as fractured as the nation as a whole.   

On to the meeting – geez it was loooonnnnggggg!

Greater Vallejo Recreation District (GVRD) presented their annual report – indicated that they are an independent partner with the City in providing park services (and it should stay that way so that the City can’t raid GVRD for funds). Shawn McAfee highlighted the praise for GVRD in the LAFCO report.  LAFCO you say?  Is it Laugh Co some comedy act (ha-ha)? No, its Solano County’s Local Agency Formation Commission, an authority created by Gov. Edmund Brown back in 1959 that consists of various public servants and citizens.  He created this in response to the problem of California’s agricultural land being converted to urban use and premature and unplanned development creating inefficient, expensive systems of delivering public services using various small units of local government.  Among other things, LAFCO is responsible for seeing that services are provided efficiently and economically while agricultural and open-space lands are protected (definition courtesy of the Solano County web site).  LAFCO reported that GVRD operates at a high level of competency and that they live within the boundaries of their revenues and they have a reserve that is 15% of their total budget for emergencies, and they successfully negotiated two union contracts (yes GVRD, stay a partner of the City that is independent of the City).

Council member Sunga noted that GVRD won an award for the Wardlaw Dog and Skate Park (Kudos to Diana Lang too!).

Council member Bartee asked why Dan Foley Park charges so much for parking on top of the fee (he said it seems like double-dipping).  For his edification, here is some background about what I know of Dan Foley Park.  They charge about $600 to rent the facilities, pretty darn cheap, and when I called to see if they had space available earlier in the year, I was told that there was nothing available on weekends for the rest of the year and the 2008 wait list would open in September 2007.  Wow – so it’s a good deal and obviously used and people seem to be OK with paying a parking fee.  And that’s why they are solvent.  I wonder how much revenue they would lose if they stopped charging for parking (question posed by Council member Schivley)?  And isn’t it better to have a lower rental fee that is affordable and have others bear a $5 parking fee (as Schivley said, GVRD needs the revenue and the residents need to dip into their pockets from time to time) so that party organizers don’t have to pay thousands as some other facilities charge?  And, I thought they just said they were independent – how much authority does the council have over GVRD’s budget?  They have their own Board of Directors…  Bartee also affirmed Gomes’ comments about River Park, but without that parking revenue it will take even longer for GVRD to realize the River Park Master Plan that was started almost 10 years ago…

Council member Schivley also thanked GVRD on their Glen Cove work and happy to know that it will be restored to it’s natural setting but she said it looks pretty natural now – it does except for the crumbling Stremmel “Mansion”.  

Dagmar Riddle, a representative from the Native American Community expressed outrage over the park plan – they have deep concerns over the treatment of shell mound burial sites believed to have been there at one time (or still there?) and want it treated as a sacred place.  GVRD scaled their plans way back and the park will basically be a passive natural setting which the Bay Trail will go through.  There were plans for it to be a more active park, with playground equipment, etc. but GVRD responded to the Native American Community’s concerns with a much scaled back plan.  I don’t believe the Native American Community wants it to be a park at all.

Mayor Davis expressed a desire to create a compromise – but this has already been GVRD’s attempt for the grueling 3.5 years of creating a master-plan for Glen Cove.  So here it starts all over again? Sorry GVRD…

The Consent Calendar was approved but with four items taken off.  It was difficult to keep track of who had to recuse themselves due to property owned here and there… Item B became 11.1, G: 11.2, & J: 11.3.

Council member Schivley wanted only to comment on item H, which was a vote to approve recommending ex-mayor Intintoli be appointed to the new Water Emergency Transit Authority.  Schivley wanted to acknowledge Cindy Detweiler, the "Ferry Godmother" who organized the Community to support keeping the ferry service back when there was only one boat and a lot of resistance to expansion.

Item 11.1 was an approval of the Vallejo Golf Club’s (what?!) 2008 annual operating budget, the club’s schedule of fees and for 2008 and capital improvement budget. Council member Wilson recused himself from this one because he is a member.  When I googled Vallejo Golf Club, Arc Inc - Michael & his brother’s architectural firm – popped up.  Seems VGC is a client of theirs.  VGC is also a member of the Chamber of Commerce.  From Arc Inc’s web site: “Blue Rocks Springs Golf Clubhouse: ARC Inc. is working with the City of Vallejo and Vallejo Golf Club to replace the existing clubhouse with a 26,000 sf, 2-story ‘gem’ which features both a full-service Sports Bar and Grill and banquet facilities to hold 300 people. The project is scheduled to be constructed in 2003 along with upgrades to the West Course.”  Not sure if Wilson really needed to recuse himself…  

This was pulled from the consent calendar to discuss one of the golf courses’ losses, which was due to a bond that the City has against it.  I still am not sure why the City owns this and where does this funding come from?  Shouldn’t it at least be a part of GVRD?  I need to ask some questions.

Item 11.2 was a consideration to create a Mills Act Historic Property Preservation agreement with the owners of 933 Georgia Street, Wurn Waa Phan and Tso Mey, LLC.  This is a program that creates property tax relief for owners of historic properties if they enter into a ten-year agreement of maintenance, restoration and rehabilitation.  This house is one of the more gigantic Victorians on Georgia Street, was fairly run-down as I recall, but even today before this agreement, the place now looks great – painted a beautiful periwinkle blue (one of m favorite colors!).  Kudos to the owners; can’t wait to see what it looks like when they are done!

This was pulled from the consent calendar not because of the project itself but because it requires an outside consultant.  Schivley wanted to highlight this because the City doesn’t seem to do the best job of defending their need for consultants – they are bare bones and couldn’t possibly meet the needs of the community without using consultants.  And a consultant used occasionally is a whole lot cheaper than hiring more staff.

Also they had a quite confounding explanation to the question of whether they would overspend their budget.  As Gomes pointed out, the answer was a simple “no.”

Item 11.3  was a resolution to hire outside services to do the engineering report for the Landscape and Maintenance Districts in Vallejo – this item is just too dull and I have the rest of the report to type, so I will only say that Council member Schivley pulled this off to ask why they needed to use outside services.  I forgot to write down the answer in my notes…and now refuse to look it up at the online video. Sorry! 

Public Hearings:  

Public Hearing Item 12-A  was to allow Construction Sales and Services on all freeway commercial zones (like I-80) and linear commercial zones (like Sonoma Blvd).  Someone wants to open a cabinet sales and showroom (home improvement store) on Lincoln Road West but it isn’t zoned for it, which seems crazy.  Don Hazen reported that not allowing this use is keeping us from having good regional businesses along our retail corridors.  The benefits of this change will be to expand development opportunities in the City; prevent leakage of sales tax dollars to other cities and to facilitate the use of vacant storefronts. 

Kent Peterman the Vice Chair of the Planning Department along with several council members and the mayor expressed concern about huge signs and banners that create eyesores.  But this change in zoning is a “conditional use” which allows the planning department to analyze plans as they come forward and make sure they are compatible, and these types of uses generally have nice store front windows that attract customers.  Hazen indicated that this is a stop gap measure; that they need to do a more comprehensive analysis and planning of these corridors and have some proposals to do so in the coming year.  This is music to my ears, especially considering the ugly auto mall sign and the Solano County Fairground sign. No more of these, please! 

John Osborne expressed his concerns about this change; that there wasn’t a map of these zones. He was directed to check the planning department as they have the gigantic city zones maps in their office on the wall.  He also complained about staff “concluding” that they recommend council approve this change, but that’s what staff does, they conclude whether they believe council should or should not approve.  What Osborne should be more concerned about – in general – is the basis for which staff may or may not recommend approval to council. 

Unanimously approved. 

Public Hearing 12-B: The City adopted the new California Municipal Codes based on international codes – not the most exciting item, for a discussion you’ll have to watch the video on the City’s web site.  Council Member Gomes took the opportunity to explore ways to ensure against fires like the one that happened in Discovery Park and create codes that apply to animal safety. 

Gomes reminded staff about the 2 year old giraffe that died in the barn fire at Marine World Discovery Park.  The giraffe was trapped in the barn – didn’t have access to the outside pen.  Apparently Marine World isn’t even required to have fire alarms or sprinkler systems in the barn and didn’t notice the fire.  Gomes noted that the fire was discovered by a driver on Route 37 who called 911!  And Discovery Park has been ignoring Deputy City Attorney Claudia Quintana’s calls to investigate what happened.  Apparently the giraffe burnt to death – didn’t even have the slightly less cruel death of smoke inhalation, but no one really knows because Marine World seems to be stonewalling. The City indicated they are exploring the National Fire Protection Association’s Standard on Fire and Life Safety in Animal Housing Facilities...but seems that they are looking for Marine World’s approval/cooperation.  Sounds like the fox guarding the hen house (or the giraffe house) and Gomes urged the City not seek Marine World’s approval – it’s up to the City to set the standards and up to Marine World to comply. 

Council member Schivley recommended that the City bring handicap accessibility more in line with federal ADA standards in order to protect the City from frivolous lawsuits by folks claiming discrimination over lack of handicap accessibility. 

Council member Bartee reminded the Staff that an earthquake retrofitting plan established in the City after Loma Prieta to identify the various levels of retrofitting of buildings in the downtown and that some of the buildings identified back then have slipped through the cracks and still need to be inspected. 

Speakers were Architect Paul Roberts of the Vallejo Music Theatre and Wanda Chiac (sp?) from Lennar who both supported the change as it allows businesses and investors to occupy historic structures with a reasonable time frame to get buildings in line with the codes.  

Unanimously approved. 

Man, I thought I was done, looked at my notes and there are three admin items plus community forum and council reports – I’ll slog on!  Did I mention it was a looonnngggg night?  

No Policy Items  

Administrative Items:

Admin Item 14B (A was removed from the agenda - forgot what it was) was the adoption of the Mare Island Regional Park Task Force Final Report.  The timeline was discussed, including the adoption of the Mare Island reuse plan that set aside the south end of Mare Island as a regional park back in 1994.  The timeframe then shot forward to April 2003 when Mayor Intintoli formed the Mare Island Task Force.  Hmmmm, something seemed to be missing…hmmmmm, oh yeah, I think it was, let me see, uh…Liquefied Natural Gas Plant? Why yes!  Thanks to Council member Gomes for the reminder.  I recall Intintoli’s comments to the huge community objection to LNG instead of a park “It’s not written in cement.”  Well that’s true, but a Regional Park becoming a Liquefied Natural Gas Plant and Electrical Power Plant?! Regional Park, White Slough Plan, I think it might be time for the City to not waste time to make these grand plans with so many regional partners when we can’t stick to them.  I hear Vallejo described as business unfriendly.  But what I think businesses – the good ones, like Genentec for instance – see is how schizophrenic we are with our planning and we have no true long term vision and that scares them off.  

But regardless of this, the Community Members who made up the task force, including Jerry Carr, Chair, Tony Norris (co-chair), Myrna Hayes from the RAB, Kenn Browne (Sierra Club), Diana Krevsky (also from the RAB), Gregory Gazaway (former member) and others, along with Brian Collette (sp?) consultant from the Dangemond Group and City Staff member Gil Hollingsworth, worked for four years creating a great plan. 

The task force named the regional park the Mare Island Shoreline Heritage Preserve and recommended an Advisory Board be formed immediately in order to create a long-term non-profit entity and determine how to finance the creation of the park.  Next steps are to create an Advisory Task Force and hopefully get funding to see it the plan to fruition.  The task force will consist of 15 members from government agencies, non-profits and the community; 5 to be appointed by the City Manager and 10 to be appointed by the Council. 

For more info on the park, check out the brochure created by the Task Force at

 www.mareisland.org/anniversary/mareislandnarrative.pdf

Myrna Hayes and Gregory Gazaway spoke on behalf of the efforts of the task force and the efforts of those who fought the LNG plant. 

Admin item 14C was a recommendation to increase taxi cabs fares in the city, not increased since 2001 (!). Crystal Odum Ford, the City’s Transportation Superintendent, directed outreach in the community to see what the impact would be on folks that depend on cabs, and all were supportive, understood the need, even if it meant that there would be less taxi-script.  Taxi-script is similar to dollars, so with increase to fares, the script is worth less.  Interesting that there were so many people at the budget session back in June to protest the transportation cuts, in particular taxi scripts and bus routes.  It curious that these same folks were out in force in June and no one was here tonight.  I think that’s because there were not firefighters to round them up – they came to support the firefighters back in June, in solidarity apparently. They were there for the firefighter cuts discussion but did the firefighters stick around for the discussion of the transportation cuts? Nope.  So I think no one came this night because there was no need to organize them by the firefighters (am I jaded or what?  It’s not a big leap though folks…and what I said about the June meeting was true, since I was there. ADQ is everywhere!) 

Admin item 14D (yes, another one!) was a recommendation to adopt a travel and expense policy for City Council, Board Members and Commissioners and to amend the municipal code to change the purchasing policy from lowest price to best value, in order to comply with federal and state grant regulations 

Council member Sunga – who asked this same question in a prior meeting - wanted to know why we don’t give incentives and/or preferences to local vendors.  Let’s remind Mr. Sunga why this is not good policy: first of all, federal law prohibits this, and doing this would make us out of compliance with federal and state grants (most of our spending for these types of costs are funded by these grants as Finance Director Stout pointed out) and this is against the City’s procurement policies, which is obviously a way to keep the City from playing favorites.  Playing favorites can drive up costs, which Sunga continues to not understand. 

• There were no appointments
• There was no written communications
• No City Manager report 
• No City Attorney report

Community forum comments came from:

• Jerry Slack from local chapter of the Solano County Arts Council reporting on an Artist in Residence/Artists in Schools program – deadline to apply is January 30 (11th?), 2008.  Here is a link – there was a workshop the very next day so that’s passed by, but you can check out their web site at http://solanoartscouncil.org/UpcomingArtEvents/CalltoArtists/tabid/74/Default.aspx

• Louis Kemp asked for the Council’s assistance with his neighbor who is apparently doing some excavation and wall building without permits

• James Moore warned the Council about the Parker/Henke/Riley forces which they will be going up against, and that these folks verbally assaulted him in the lobby (he has criticized the firefighters at another council meeting) and reminded Michael Wilson and Erin Hannigan that their seats were “bought.”

Davis responded by saying the “solution to the budget is all of ours not mine” which brings me to my first complaint about Davis.  I just heard (and I am writing this on Saturday 12/15) that he has called a public meeting for the budget, for 5:00 (or 5:30) this coming Monday December 17, and apparently just called this on Thursday or Friday.  Where’s the 72 hour notice I wonder, and where are the staff reports on the web?  If we are “all to be the solution” we all need some notice!  It is very hard for folks to get to the City by 5:00 on a weeknight and especially so without any discernable notice.  If the community is to be part of the solution, they need some notice!!! It will be interesting to see who does attend the meeting – who did hear about it?  Report to follow, and this time I won’t take as long, I promise (well sort of…).  

• John Osborne again asked the City to cooperate with the Charter and create a five-year financial plan (last time he asked for a four year plan) but this time he didn’t hint of a lawsuit.  He also requested that the Council create a goal setting session ASAP as required by the municipal code.  He also again complained of the Council’s discussion of recommending Intintoli to the WETA board (it wasn’t a violation of the Brown Act, John…)
• Don Jordan invited the Community to participate in the celebration of the life and work of Dr. Martin Luther King Jr on this 40th commemoration of his assassination, by participating in the MLK Day parade and rally this coming January 21, 2008.

Reports from Council Members: 

Council member Schivley requested the City Manager do research on several items

• Requested that a portion of Community Forum be added to the beginning of meeting for a total of 30 minutes as needed, for those folks who can’t wait through these excruciating (my words not hers!) long meetings to make an announcement or ask a question.
• Asked staff to review the possibility of an “Instant Runoff Vote” (IRV) where voters make a second choice for mayor in the event that there is a tie.
• Requested that research be done on item 7.12 of our charter – apparently it refers to the use of the Waterfront which doesn’t comply with state law (I need to check with Schivley on this, the issue wasn’t clear to me)
• And she proposed that Staff do some research on binding arbitration (we need to get rid of it IMHO).  Schivley believes that the citizens should be able to vote on this issue.

Mayor Davis responded to Councilmember Schivley by shutting her down really – he said that council needs to weigh in on these issues; that he wants to see a 50% + 1 Mayoral winner; that there are needs to take care of now before discussions of binding arbitration.   It’s not clear to me what authority Council Members have making requests to the City Manager.  It’s my understanding that the mayor has the same authority as every other individual council member.  Sounds like Davis wants Schivley’s issues to be discussed by the Council and then majority rules (I guess there will be no discussion of arbitration then, since four seats were bought by firefighters et al).  We shall see – pay close attention folks. 

This discussion continued and I thought this was getting nearer to a Brown Act violation that that WETA board recommendation for Intintoli ever got.  John Osborne, where are you?

• There was no closed session.  
• Meeting was adjourned. YIPPEE!

That wraps number 4 (with 3 on its way EVENTUALLY!) of YOUR City Council report!  When will these get easier??!!  At least we’ll be missing some for the Holidays… I hope J! And oh yeah, see you on Monday the 17th at 5:00 (5:30?) for the budget study session…