"Stop The Noise" Say Residents Near Anna Yates Construction

Residents Protest City Council's Refusal to Hear Their Concerns;

City Manager Grants Contractor Waiver of Noise Ordinance to Work Saturdays

by Brian Donahue and Marc Albert

After officials refused to hear their grievances, a group of residents living near Anna Yates Elementary School took to the streets Saturday morning, protesting the city’s decision to waive its noise ordinance to allow Saturday construction at the school.

“There’s no accountability, that’s the problem,” said resident Mike Pirsch, referring to the City Council. Pirsch, who led the protest, said he is incensed that Mayor Ken Bukowski refused to allow public comment on the issue at the City Council meeting last Tuesday. More than 50 neighborhood residents have signed a petition asking the Council to enforce the noise ordinance, which prohibits construction work on weekends.

Said Pirsch, “Ken Bukowski has been in office for 21 years and he doesn’t have a clue about parliamentary procedure.“

Local police made a strong showing to keep watch over the protest, at times outnumbering the actual picketers, who lined up on the 43rd Street sidewalk outside Anna Yates. In an apparent attempt to appease the protestors, Wanda Stewart, public information officer for Emeryville Unified School District, offered free tickets to a nearby movie theater.

Neighbors said contractors began firing up their heavy equipment at 7:25 am Saturday, more than an hour and a half before the start-up time granted by City Manager Patrick O’Keeffe’s waiver. Neighbors cited numerous other noise violations, including two occasions when diesel power generators rumbled through the night. Extensive remodeling has been underway at the school for months. School officials hope to have construction work completed in time for the start of classes in January.

When residents tried to present their complaints to the City Council last Tuesday, they were told that because the Council lacked a quorum, citizens would not permitted to speak. Then, City Manager O’Keeffe granted contractors a waiver of the City noise ordinance, allowing Saturday construction. O’Keeffe explained at the meeting that “administrative” waivers are warranted when an “urgent situation” exists.

At the onset of construction, School District officials assured the City that work would be completed on time and that there would be no need for weekend construction. However, they now say that contractors must work every Saturday in order to meet the January deadline.

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Photos (from left): Construction at Anna Yates Elementary School; A picket sign protesting the City's Council's refusal to hear public comment on the issue of construction noise at the site; and residents Mike Pirsch and Reggie protest City's waiver of noise ordinance to allow Saturday construction.

Emeryville Mayor Failed to Pay Business Tax for Four Years; Also Owes $1,700 in Property Taxes and Fines

By Tracy Schroth, Marc Albert and Brian Donahue

Emeryville Mayor Ken Bukowski owes at least $2,000 in business and property taxes and the fines continue to stack up.

The City sent Bukowski a certified letter several months ago demanding that he obtain a business license and pay the business tax on his Doyle Street rental property, which he has failed to pay every year since the tax law was enforced in 2004. But Bukowski said he doesn't have the money, and is concerned that the law would allow the city to inspect the property "at any time, 24-hours-a-day, seven days a week,” which he said he is not comfortable with.

Meanwhile, Bukowski says he was unaware of his property tax debt - more than $1,700, according to the Alameda County Assessor's office.

Emeryville's Business License Tax

“I didn’t pay the thing,” Bukowski said of the business license tax, explaining that he voted against it when it came before the Council in 2004. “I was against it." He added that he was one of many residents who didn't pay the tax, arguing that the ordinance should be amended to exempt property owners earning less than $100,000 in gross rents. He said he would see if the Chamber of Commerce would support such an amendment.

Bukowski estimates that he owes a few hundred dollars and said he will pay it when he can. "I'm having financial problems and it's a low priority. Do you want to see a list of my creditors? Right now, my PG&E bill is more important," he said. "Is it a crime to be broke in America?" City Finance Department officials did not return calls asking how much Bukowski actually owes.

He said he gets income from his rental property and a monthly stipend of $1,100 as a City Council member.

Bukowski owns two residential structures, a six-unit building at 5876-78 Doyle Street, and a two-unit next door at 5880, which he claims as his primary residence. He said he currently rents six of the eight units but would not say how much rent he collects.

The business license tax is calculated based on the amount of gross rent. For most businesses, the tax is equal to the greater of $25 or .0008 % of annual gross receipts. Business license taxes declared delinquent are subject to a penalty of 5% a month up to a maximum of 25%. In addition, anyone who fails to pay the business tax is subject to interest at 1-1/2% per month on the amount of tax and penalties from the date on which the business tax first became delinquent.


Property Taxes

According to the Alameda County Assessor's office, Bukowski has fallen behind on his property taxes for the structure at 5880 Doyle Street, but is current on the property taxes levied against the second, larger rental structure next door. He owes $1,719.56 and counting.

Tracy Schroth is an Emeryville resident who believes in honest and transparent government that is accountable to the people it serves. She is concerned that the City Council majority is putting monied special interests before the needs and desires of the community.

Marc Albert has been a reporter at three radio stations and seven newspapers over the past 20 years. An East Bay resident since 1987, he lived in Emeryville from 1997 to 2008 and is still keenly interested in a community he considers home.

Brian Donahue has lived and worked in Emeryville for 28 years. He and his wife, and young daughter, live in the Emeryville Artists' Cooperative. Brian has been a longtime activist, working for transparent government and better of quality of life for the residents; he's not very popular with the City Council majority.

Emeryville's $70 Million "Bailout"

Subsidies to Developers Will Cost $7,000 per Resident -- Three Times that of the Federal Bailout

Edited version of Council Member John Fricke's Letter to Emeryville Residents
(sent via email on Sept. 28, 2008)

The Bush Administration’s $700 billion bailout of Wall Street has been characterized as the largest government bailout of private enterprise in U.S. history. The bailout will cost about $2,300 per man, woman, and child in our country. That sounds like a lot, but from the perspective of an Emeryville resident, this figure is quite modest.

The Emeryville City Council majority has expressed support for granting tens of millions of dollars in taxpayer subsidies to developers for a series of projects likely to be approved in the next year or two. By my count, total subsidies for these development projects will reach at least $70 million - $7,000 for each and every man, woman, and child in Emeryville, three times the amount per person of the federal bailout.

Here's the tally (these numbers are estimates, as the City Council has refused to divulge the actual amounts):

Bay Street Mall Site B -------------- $48 million (based on 2006 figures)
30-story hotel, chain department
store, and parking garage slated for site

Public Market Expansion ------------- $10 million
Office space, 52,000 square feet
of retail, and up to 340 new
housing units

Transit Center ------------ $3-6 million

EmeryStation Triangle ------------- $3-6 million

Gateway ----------------- Unknown

"Upgrade" of Pac & Save to
Safeway ----------------- Unknown