Emeryville Council Member Jennifer West Promotes Transparency, Resident Participation

West Talks About Bike Safety, More Affordable Housing, Quality Child Care, and Increased Community Involvement in First Message to Residents

Dear Emeryville neighbors,

This is my first letter to you as a member of the City Council. I am honored to be serving you in this capacity, and look forward to the hard work ahead, as well as the rewards of putting in place policies that are good for all stakeholders in Emeryville. My purpose in sending you email updates is to inform you of upcoming city council actions, provide transparency about the process that is being followed and to ask for your input and participation. I encourage you to reply to me about something that is important to you. The best ways to contact me are by email at emeryvillewest@gmail.com or by phone at (510) 420-5795. Of course, if you see me in the park, or at the grocery store, please introduce yourself!

Topics for this email: bikes, affordable housing, Pixar Saturday construction, Emeryville Child Development Center and committee vacancies.

Bikes
I want to talk to you about bikes in Emeryville. There have been 2 hot items relating to biking in Emeryville in the last month: the 40th St. Bridge bike lanes (on the Dec 1, 2009 agenda) and the way to best handle bikes on Horton St. between 40th St. and Sherwin (on the Dec 15, 2009 agenda), with designated bike lanes or shared right of way with cars. Both of these items will be discussed further in the future: for the 40th St. Bridge, the entire City Council agreed to wait on a decision for more data to be collected regarding traffic and gridlock on Shellmound St. and safety on the bridge; and for Horton St., again, we agreed to wait on a more comprehensive revised bike plan and policy for the whole street as a Bike Blvd., preceding a decision on these 2 blocks. Any of the residents and workers in Emeryville who are concerned about making our city a more bike-friendly city need to send me their contact information so that we have a group ready to speak up about these critical decisions. I have heard from many already, but I believe there are more of you out there, and I hope you will help us by speaking up. Hit “reply” now if you are a bike supporter!

Affordable Housing
Family friendly affordable housing is something that I want to see more of in Emeryville. The City has been approached by developers who would like to convert their finished (Oak Walk at 40th and San Pablo) or planned (3900 Adeline) development projects into affordable rental housing, managed by a reputable non-profit organization, EAH. These conversions would require additional money provided by the Redevelopment Agency. My concerns center around location (not putting all new affordable housing in one part of town as the Ambassador Laundry project is already planned for the same area, 36th and Peralta St.) and having quality design and units large enough to attract families (the Oak Walk project was not originally built with affordable housing in mind). The Redevelopment Agency (which is the same folks who serve on the City Council) voted to move forward to consider both of these projects, as we await a decision on whether the Oak Walk project will receive federal funding to help with this conversion from market-rate to affordable housing. I will keep you posted about future decisions regarding affordable housing.

Noise Ordinance and Pixar Saturday Construction
Pixar was granted a waiver to the city noise ordinance (Dec 15, 2009 agenda) to allow Saturday construction on site from 8:00 am to 5:00 pm through June 19 with the following restrictions: their work is to be “non-noisy” with no equipment that beeps when backing up; there will be a live person who will answer the complaint phone number posted on site; and the work will cease if there is a complaint and will not resume until resolved. Unfortunately, this past Saturday, Dec 19, some of these conditions were not met, and the police had to intervene, asking the contractor to follow the agreement. I am hoping for a better track record, or I will urge the city council to reconsider this waiver to protect the Emeryville residents from unnecessary noise on the weekend. Please let me or the City know of any disturbances.

Emeryville Child Development Center
The City is looking at how to reduce costs of the Emeryville Child Development Center without compromising its quality. Providing child care to residents, workers and others who live nearby is important. It is also important to offer reduced-cost care for low-income families. How will the city continue to afford this? In June, the City Council was presented with 4 options, one of which was to contract out the operations to a third party provider. Last Tuesday, the City Council voted (I was the only “No” vote) to move forward on this option although we are not obligated to take this route once proposals are received. I am concerned about the quality of the program if a for-profit organization takes over. I will work hard with staff and regional leaders in child care to make sure that the best possible solution can be followed. As a teacher and a parent, my experience will add an important perspective to these discussions going forward. Stay tuned!

Committee vacancies for you!
There are many committees on which residents serve and offer their input. This is the time of the year when vacancies are posted for many of these committees, and I encourage you to submit an application (available online or from the city clerk (510) 450-7800) to become a member. The following committees have vacancies:

• Housing Committee/2010 Census Complete Count Committee (1 opening now and 3 openings are for March 2010)
• Emeryville Planning Commission (3 openings are for June 2010)
• Art Exhibition Advisory Committee
• Zoning Update Steering Committee
• Partners for Community Life Committee
• South Bayfront Pedestrian-Bicycle Bridge Project Committee
• Bicycle/Pedestrian Advisory Subcommittee of the Transportation Committee
• I-80 Pedestrian/Bicycle Crossing Committee
• Marina Committee
• Park AvenueDistrict Advisory Committee

I serve on the City Council to help you understand and access the amazing amount of information that is made available by the city staff in Emeryville. These topics are just a few of the more than 30 items I have already considered as a City Council Member. As a resident, I have often felt that it was hard to get information on items that were of interest to me. Now I see that much of the information is available, it just takes a real effort to find it. Let me help answer some of your questions, or direct you to someone else who can. I am grateful to have the opportunity to serve on the City Council. I am committed to maintaining clear and transparent lines of communication with my constituents. Emeryville is stronger with your input. Get involved, stay involved and pay attention!

Sincerely,
Jennifer West

(Jennifer West was elected to the City Council in November. This email was sent to city residents Tuesday, Dec. 22.)

Victory for Woodfin Hotel Workers: Judge Says the Woodfin Must Pay

Judge Orders Woodfin to Pay $200,000 in Back Wages



An Alameda County judge has ordered Woodfin Suites Hotel in Emeryville to pay $200,000 in back wages as part of a protracted legal battle over the city's living-wage ordinance.

On Monday, Superior Court Judge Steven Brick, upholding decisions made by the Emeryville City Council, ruled that the hotel owed the money to current and former workers for shifts they worked in 2006. Dozens of workers at the hotel have complained that management violated a voter-approved measure intended to improve working conditions.

Emeryville Councilman Ken Bukowski "Weds"

In What Appears to be Ploy to Keep SF Rent-Controlled Apartment,
Bukowski, 57, Enters Into Domestic Partnership

by Tracy Schroth

Emeryville City Councilman Ken Bukowski and boyfriend Michael Grimes registered as domestic partners in San Francisco Nov. 20. The two tied the knot less than two weeks after the landlord of the San Francisco building where Bukowski has a rent-controlled apartment petitioned the city's Rent Board to raise Bukowski's rent. The Secret News recently reported that the 22-year veteran of the Emeryville City Council has the apartment, at 798 Post Street, paying just $350 a month.

When previously questioned about the apartment, Bukowski described it as a getaway where he stays only "15 to 20 percent of the time." This is despite San Francisco law that allows only full-time tenants to qualify for rent control.

Bukowski's admission to using the apartment part-time prompted his landlord to petition the Rent Board for an increase to market rate, which is estimated at $1,800.

"He is no longer a full-time tenant and thus not covered under rent control statutes," said Stephen West, resident manager of the apartment building.

West said that a hearing on the landlord's petition was held Nov. 30.

"I, along with an attorney for the landlord, met with an administrative law judge to request that Mr. Bukowski's rent be raised to market rate," West said in a press release emailed to The Secret News on Dec. 2. "Mr. Bukowski appeared along with his partner, Mr. Michael Grimes. ... While Grimes admitted he has his own residence, he did say he would like to move into the apartment at 798 Post Street with Mr. Bukowski."

Grimes' statement appears to contradict Bukowski's claim that he does not actually live at 798 Post Street.

Wikepedia describes domestic partnership as "a legal or personal relationship between two individuals who live together and share a common domestic life ... "

West said a decision on the landlord's petition is expected Dec. 10.

Native Americans Protest Bay Street Mall Built on Sacred Burial Ground

Native Americans and other protesters gathered at the Bay Street Mall last Friday (aka Black Friday) to urge shoppers to boycott the mall, which is built on the site of the largest Indian burial ground on the West Coast. This fact -- the source of much consternation for Bay Area native people -- was brought to light by archeologists when the mall broke ground eight years ago. At that time, archeologists announced the presence of thousands of Ohlone, pre-Columbian skeletal remains. It was reported during construction that concrete piles were actually driven through the remains of the people buried there. The shell mound was once 60 feet high and up to 600 feet in diameter.

“This shopping mall is built on the sacred burial site of my ancestors,” said protest organizer Corina Gould of Vallejo. “How would you like it if they built a shopping mall on your grandfather’s grave.”

Protesters representing Indian People Organizing for Change, based in Oakland, have gathered each Black Friday for the past eight years to urge shoppers to boycott the mall.

(Protest Organizers Corina Gould and Wounded Knee (3rd photo from top ))

(Photos and caption by Brian Donahue).

City Transportation Committee Votes "No" to Keeping Horton Street Safe for Bicyclists

by Brian Donahue and Marc Albert

Bicyclists pedaling along Emeryville’s only designated north-south Bicycle Boulevard beware.

The city's Transportation Committee voted last Tuesday to strip bicycle lanes from a portion of Horton Street in order to accommodate more cars.

The vote by the Transportation Committee, comprised of City Council members Nora Davis and Ken Bukowski, ignores a unanimous recommendation by the city's Bicycle-Pedestrian Advisory Committee to either retain the bike lanes or adopt the universal standard for bike boulevards. That standard, created by the cities of Palo Alto and Berkeley, limit speeds to 25 mph and the number of vehicles to 3,000 per day. The standard is based on traffic engineers' determination that the street becomes unsafe for bicyclists if speed or traffic increases beyond those numbers. In the case of Horton Street, the bike-ped committee has asked that "traffic calming" devices be installed in order to keep the volume and speed of traffic down.

Despite the advisory committee's concerns over safety, the Transportation Committe voted not only to remove the bike lanes but also refused to install traffic calming. Nora Davis, chairwoman of the committee, responded to concerns with a single-word rejoinder: “Poppycock!” (adopting a favorite retort of former British Prime Minister Margaret Thatcher).

What's Good for Bicyclists is Bad for Business

Transportation Committee member Ken Bukowski referenced the potential constraints bike boulevard standards would impose on the planned “Transit Center,” an office tower to be built just north of the Amtrak depot.

“If we were to impose a limit on the cars to help bikes, it would hurt development,” Bukowski said, thoughtfully. He said that the Horton Street bike boulevard was always intended to be temporary.

Issues of Safety

Bike-ped committee members Scott Donahue and Sam Fousee say they are already very concerned about bicyclist safety on Horton Street.

“There are already too many cars on Horton Street,” Fousee said. He and Donahue said that in order to keep speed and traffic within a safe range, traffic calming is necessary.

As development along Horton Street continues, the city projects traffic volumes in excess of 9,000 cars a day. "A lot more cars are coming and there’s nothing you can do about it,” Bukowski said. Davis agreed.

The fate of the Horton Street Bike Boulevard will be decided by the full City Council at its meeting Dec. 15. Concerned citizens are encouraged to attend the meeting and have their voices heard.

Open Letter to the Emeryville City Council

New Council Members Should Address Staff Salaries and Hiring Practices, Ken Bukowski Debacle(s)

by Walt Watman

While everyone has the right to speak up about what is most important to them, it seems to me that issues like the ones below, which I have raised before and which continue to be ignored by the City Council, continue to be of great import.

I ask that the newly elected City Council members consider what I am about to say and take a stand on these matters,

1) Insisting that the City Council publish the salaries of City Attorney Mike Biddle and City Manager Patrick O'Keefe, and also insist that they, as the city's highest-paid employees, take a salary cut. The reduction in their salaries might prevent layoffs of other city employees earning far less, or at least allow the city to retain those employees part-time. Cuts should start at the top, not the bottom.

2) Insisting that the City Council explain, and then remedy, the fact that it has never permitted City Attorney Biddle's position to be posted, thus allowing a fair and competitive hiring process. After all, Biddle "negotiated " a $1.25 million settlement cost to the city in the wrongful death suit filed by the widow of Michael Smela, who was struck and killed by Bukowski as he drove away from a community meeting. This is an instance of what I consider questionable performance in these troubled financial times. And there are other such instances, yet Biddle's contract is renewed without any competition from other candidates.

3) Insisting that the City Council explain why they slap the citizens of Emeryville in the face by making no statement about and taking no action to remove Council Member Ken Bukowski even though he has been fined for political practice violations, and continues to blame the sun, the stars, and everyone else for his actions, taking no responsiblity for any of them.

4) Insisting that the City Council disclose the amounts of subsidies to developers, and the revenue the city will get in return from giving those subsidies to their fair-haired developers. Not to mention why they have not allowed us to know the details of various developers' proposals.

If this kind of naked abuse of power, disregard of citizens' right to know, contemptuous defiance of what is right in favor of self-serving politics -- not to mention the spending of taxpayer money for salaries and projects that are not made known to them and are not fairly determined -- were addressed by the new Council members, then such matters as pedestrian rights, bicycle lanes, and the like would not require so much attention because the Council would be acting in good faith.

This is a matter of the rights of all citizens to open government, to explanations of spending, to fair employment practices, to getting the best city attorney and city manager rather than the ones most willing to shake hands with the Council who hired them. This is a matter of priorities, not whose ox is being gored.

Walt Watman has lived in Emeryville for eight years. While national issues such as health care and the wars in Iraq and Afghanistan have most of his attention, he finds it difficult to be silent on Emeryville matters when the people's business is conducted in ways that are unprincipled and bad for the city. Walt believes the city deserves better.

Ken Bukowski's San Francisco Landlord Petitions Rent Board for Increase to Market Rate

Building Manager Says Drug Paraphernalia
Seen in Bukowski's Apartment

by Tracy Schroth

The manager of the San Francisco building where Emeryville City Council Member Ken Bukowski has had an apartment for the past 30 years said a petition has been filed with the city's rent board to raise the rent to market rate. He did not specify an amount, but a neighbor of Bukowski's with a similar unit said he pays $1,800.

Bukowski now pays $350 for the rent-controlled apartment, on the third floor of the building at 798 Post Street in Lower Nob Hill.

The Secret News previously reported that Bukowski had the apartment, a fact that was rumored for years but never officially confirmed or made public. When questioned about the apartment, Bukowski said he stays there "15 to 20 percent of the time." This is despite San Francisco law that allows only full-time tenants to qualify for rent control.

"It was assumed that he was a full-time resident of the building, primarily because his initial signed lease indicated nothing to suggest he was going to use the apartment on a part-time basis," said a formal statement issued by the apartment building's resident manager, Steve West. Based on Bukowski's recent admission, "a petition has been made to the Rent Board ... requesting to raise his rent to current market rate as he is no longer a full-time tenant and thus not covered under rent control statutes," the statement said.

Drug Paraphernelia and "Strange Smells"

West said in his statement that he is aware of the recent allegations of drug use by Bukowski.

"While I cannot confirm or deny those statements, several tenants have complained of constant comings and goings of non-residents of the building to Mr. Bukowski’s unit," as well as "strange smells" coming from the apartment.

West went on: "An authorized entry was made into his unit and drug paraphernalia was observed. If he is indeed using or manufacturing drugs, my hope is that he is not doing it on this property, as any drug use could endanger the other residents of the building. The matter is one for the police to handle and I can only hope they are following up on these allegations, not only for Mr. Bukowski's safety, but for those around him as well."

In a recent interview with The Secret News, Bukowski denied allegations by his niece, Kim Bukowski, that he is a methamphetamine user, although he "tried it ... a long time ago." He did say, however, that he smokes marijuana.

When asked about his plans for the San Francisco apartment, he said he will probably pay the rent increase. He said he plans to get this money, and the money to repay more than $100,000 in loans, back business taxes, and fines for misusing campaign donations, by selling off part of his Emeryville property.

New Results: Jennifer West and Kurt Brinkman Elected to the City Council

by Tracy Schroth

The latest results: Jennifer West and Kurt Brinkman - not Frank Flores, who was four votes ahead of Brinkman in the preliminary count - have been elected to the Emeryville City Council. The new total includes all permanent absentee and provisional ballots. The new results were posted by the Alameda County Registrar of Voters at 2:30 p.m. today, Nov. 5. The results are still being listed as preliminary, while the Registrar completes its audit. The counts are expected to be made official early next week, according to the Registrar's office.

Jennifer West easily won one of two seats with a whopping 855 votes (56%). Kurt Brinkman received 746 votes (31.8%), and Frank Flores, 739 (31.5%).

All three incumbents of the Emery Unified School Board were re-elected, with Cheryl Webb receiving the most votes at 879 (27.37%), followed by Joshua Simon, 844 (26.26%), and Miguel Dwin, 737 (22.95%). Brian Donahue and Darice Bridges received 476 votes (14%) and 272 votes (8.47%), respectively.

Measure K, which increases the tax on the city's card rooms, was passed 1,156 (83%) to 232. The tax will go from 9 percent to 10 percent under the new measure.

(Photos: Jennifer West with family, Kurt Brinkman).

Jennifer West Wins City Council; Bd Ed Incumbents Retain their Seats

by Tracy Schroth

Jennifer West easily won one of two seats on the Emeryville City Council with a whopping 707 votes. It looks like Frank Flores won the second seat with 628 votes, narrowly beating Kurt Brinkman, who got 624 votes. The Alameda County Registrar of Voters is still listing the results as preliminary due to the narrow margin between Flores and Brinkman.

All three incumbents of the Emery Unified School Board were re-elected, with Cheryl Webb receiving the most votes at 739, followed by Joshua Simon, 709, and Miguel Dwin, 631. Brian Donahue and Darice Bridges received 388 votes and 235 votes, respectively.

Measure K, which increases the tax on the city's card rooms, was passed 964 to 203. The tax will go from 9 percent to 10 percent under the new measure.

(Photo: Jennifer West speaks to supporters on election night. Click photo to enlarge).

Does Seven-Time Emeryville Mayor, Councilman for 22 Years, Ken Bukowski, Even Live in Emeryville?

Beleaguered City Council Member Ken Bukowski Has Rent-Controlled Apartment in San Francisco’s Tenderloin; Drug Use, Other Illicit Activity Claimed by Close Relative

BY Tracy Schroth

The niece of Emeryville City Council Member Ken Bukowski said he lives in a rent-controlled, $300-a-month apartment in the Tenderloin, an apartment he has had for at least 20 years.

“The first time I went there was in 1990 and I know he had it for a quite a while before then,” said Bukowski’s niece, Kim Bukowski, who on Friday took The Secret News to the apartment building at 798 Post Street. A search of resident names listed in the call box included Ken Bukowski’s (see photo).

Kim Bukowski said the house and small apartment complex her uncle owns at 5880 Doyle Street in Emeryville is a rental property. She said he has an apartment in the back where he stays when he has City Council or other business in Emeryville. Kim said she and her 12-year-old son, Joseph, lived in one of the apartments on the Doyle Street property until three months ago, when Bukowski threw them out after she confronted him about his drug use. She said her uncle is a long-time methamphetamine user who has squandered his health, his relationships, and thousands of dollars to support his habit. Kim and her son are now staying in a shelter in Oakland. Her brother, Michael Bukowski, and another son, David, 20, are living in a “shed” in the back of the complex. The unit had previously been deemed illegal by city code enforcement and shut down, but was quickly reinhabited, she said.

Kim, who paid her uncle $400 a month, lived in several different rooms or apartments on the property over the past year, when she moved here from Florida. Her son, Joseph is a 7th-grader at Emery High. She said his grades have plummeted this fall, due to all the upheaval.

Drugs and “Loans”

Kim claims Bukowski is a long-time user of a variety of drugs, but principally uses methamphetamine. She said when she first arrived at Bukowski’s apartment a year ago, she was horrified to find it littered with needles.

“They were everywhere, lying around like coffee cups,” she said.

She said Bukowski is struggling to support his habit and make ends meet, resorting to an assortment of shady deals. She said Emeryville developer Francis Collins has “loaned” Bukowski thousands of dollars that will never be repaid. Her uncle is nearly destitute and his Doyle Street property was recently in forclosure, she said.

Bukowski entered into a consulting contract with Paxio, Inc., an Internet service provider that also has a contract with the city to supply services, and failed to disclose that consulting agreement to his fellow City Council members. He participated and influenced decisions of the City Council regarding Paxio while on Paxio's payroll.

A Year of Trouble

In the past year, Bukowski has found himself embroiled in one scandal after another:

• He was recently fined $15,500 by the Fair Political Practices Commission for using campaign money for personal use and other violations, including failing to file campaign finance reports.
• In June, the city agreed to pay $1.25 million to settle a wrongful death suit filed by the widow of Michael Smela, 56, who was struck and killed by Bukowski in 2007, as Bukowski drove away from an Emeryville community meeting in his SUV. Smela, a former San Franciso police officer, was on duty as a security guard for Novartis Pharmaceuticals Corp. and was crossing Hollis Street when the accident occurred. Bukowski was not tested for drugs or alcohol, and was not charged with a crime.
• Last March, the Emeryville City Council voted 3-2 to censure Bukowski for his multitude of ethical breaches. In addition to those cited above, the Council resolution admonished him for failing to pay his business tax on his Doyle Street property, disclosing to the public confidential closed-session items discussed by the City Council, and soliciting and obtaining personal loans from individuals that exceed limits and terms set by the Political Reform Act and not repaying at least one of those loans. It was disclosed at a public meeting that Bukowski received a loan from Emeryville developer Francis Collins, although the amount was not discussed.

(Photos, clockwise from left: The callbox at 798 Post St. with Ken Bukowski's name listed; close-up of listing; Kim Bukowski with sons, David (left) and Joseph; front of San Francisco apartment building. Click photos to enlarge).

Mass. Real Estate Trust Donated to Emeryville Chamber PAC

Firm Donated More Than $12,000 in 2005

BY Brian Donahue

A Massachusetts Real Estate Investment Trust has funneled thousands of dollars in campaign contributions to the Emeryville Chamber of Commerce’s Political Action Committee (EMPAC), which then forwards the money to developer-backed candidates for public office in Emeryville, The Secret News has learned.

A public records request revealed that Newton, Mass.-based REIT Management & Research LLC gave at least $12,500 to EMPAC in 2005. The funds were then distributed to candidates backed by the Chamber of Commerce. Contribution records from the current quarter are not yet available for public viewing.

EMPAC treasurer and Emeryville resident Liz Altieri deposited the check for $12,500 into an EMPAC account from the Massachusetts LLC, but made no inquiry as to the nature of the corporation’s interest in Emeryville politics.

“I don’t recall.” Altieri said, adding, “I don’t know who they are.” She said she is unclear why a Massachusetts REIT would want to influence Emeryville elections.

Council Member John Fricke, when asked about the donation, said, “The donor probably has real estate dealings in Emeryville.” He criticized the clandestine nature of EMPAC funding in general, adding, “it's obvious EMPAC is being used to make it look like contributions to their favored candidates are locally generated. It’s out-of-town, and even out-of-state developers seeking to hide their contributions”.

In the past, developers simply gave money directly to certain candidates. However the Emeryville Chamber Political Action Committee was formed to coordinate campaign activities and fundraising, and build an organization with influence over Emeryville’s elections.

Many developers still donate directly to candidates, but in recent years EMPAC’s role has grown greatly. EMPAC has also been involved in citywide referendums, including funding efforts to defeat Measure C, the 2005 ordinance that granted a "living wage" to Emeryville hotel workers.

In the last election two years ago, EMPAC provided a significant amount of funds to help re-elect council members Ken Bukowski, Ruth Atkin, and Nora Davis. The group also funded efforts to demonize challenger Shilen Patel with last-minute, negative campaign literature.

Opinion

BY John Fricke

Watch What the City Council DOES, Not What They SAY
____________________

City Council Majority Overides Recommendations of General Plan Committee, Paves the Way for More Development, Higher Buildings, and Lots and Lots of Traffic

The city council majority talks the talk of improving pedestrian and bicycle access, improving public transit, and improving the quality of life in Emeryville. But the actions of the city council majority are quite another thing.

At the Oct. 14 meeting, the city council voted 4-1 (I voted against) to approve a new city General Plan that increases the maximum allowed scope of future buildings (height, density, intensity of use, etc.), thereby ushering in ever larger development projects with more parking spaces and more traffic congestion.

As part of creating a new General Plan, the city had to conduct an environmental impact report (EIR). The EIR identifies a number of significant impacts that are unavoidable. The EIR states that the new development allowed under the General Plan will:

(1) Exacerbate traffic congestion (traffic at 9 intersections would significantly deteriorate)

(2) Increase the amount of noise in the city (this unavoidable impact highlights the effect of increased noise to residential neighborhoods)

(3) Exacerbate air quality (the General Plan allows for more growth and thus more emissions than what is contemplated by the Bay Area Ozone Strategy)

(4) Likely result in the demolition of historic structures

Most troubling is that, according to the EIR, the increased development allowed by the new General Plan will increase vehicle traffic and exacerbate traffic congestion to such an extent that the public transit routes in Emeryville will be significantly disrupted.

The law requires that if an EIR identifies significant impacts that are unavoidable, the project (in this case, the new General Plan) can still go forward if the city council decides to go forward --- regardless of the unavoidable impacts. And that’s exactly what the city council majority did tonight. I voted "no."

The increased maximums (height, density, intensity of use, etc.) recommended by the committee working on the General Plan were already so great that the EIR warned of unavoidable impacts.

The city's developers were well represented at the city council meeting. The city council granted practically every specific request that each developer made. On several occasions, the city council majority unabashedly increased the maximums in specific parts of the city so that a particular developer's development could reap more profits.

What was the city council’s justification for deciding to approve these maximums regardless of the unavoidable impacts? Three ‘positive’ outcomes were identified to justify the unavoidable impacts:

(1) The new General Plan will accommodate 3,837 new housing units in the next 20 years

(2) The General Plan will provide 10,000 new employment opportunities in the next 20 years

(3) The General Plan “will support revenue-generating uses to strengthen the local economy.”

In other words, Emeryville needs more development, more housing units, more office buildings, and more retail outlets --- because development is inherently good for its own sake, regardless of the impacts that more development will have on our quality of life.

The EIR states that maintaining the limits provided in the existing General Plan (called the “No Project Alternative”) would be better:

“... the No Project Alternative, because of the lower amount of growth and the resulting lessening of adverse impacts, would be environmentally superior.” EIR, p. 4-25.

What is being ushered in with this new General Plan is a far cry from the community-oriented development that is so sorely lacking in Emeryville. Some of the general principles in the new General Plan embrace these types of policies. But the specific rules regarding maximum height, density, etc., will lead to a different outcome.

Once again, I am reminded of the quote from Richard Nixon’s attorney general, John Mitchell:
“Watch what we do, not what we say.”
____________________________
John Fricke is an Emeryville City Council Member. He is not seeking re-election.

Meet the Candidates for Emeryville City Council

The information below is based on personal interviews with the candidates and is either quoted directly or paraphrased (in the first person), with the exception of information in parentheses. Council candidate Frank Flores declined to be interviewed for this story.


Jennifer West
(interviewed by Juanita Carroll Young)

Who

Age 40, married, two children: Clara, 8, and Fiona, 4 (pictured here with Jennifer)
Emeryville resident since 2004: #9, 5514 Doyle Street (Doyle Street Co-Housing)

Occupation: teacher, since 1995. Worked 12 years in the San Lorenzo school district; one year at North Oakland Community Charter School (NOCCS), where daughter Clara attends. (Note of clarification: a charter school is a public school, not a private school). Supervised student teachers at Emeryville Secondary school through a Mills College teacher training program. Substitute teacher at Emeryville Secondary and NOCCS.

Civic engagement: Civically involved since age 7, working on local political campaigns in Indiana with her parents. In 1992, worked as a paid staff member on Barbara Boxer’s first senate bid. As a teacher, have been involved with CA Teachers Association phone banking on important propositions. Volunteer on local political campaigns: Councilman John Fricke (2005) and Shilen Patel (2007). Active member of Emeryville Organic Community Garden since 2005. Resident participant at many civic meetings, including General Plan, Bike/Pedestrian Path at 53rd Street, Emeryville Center for Community Life; City Council, City Council committees.

"In my work as a teacher, I was trained as a facilitator. I led the decision-making process in participatory manner. I’ve used these skills elsewhere, in community and co-housing groups.

Why

"I am running because I would like to bring the residents’ perspective to our city, in a partnership of Emeryville residents, workers, small and large business owners, city staff and leaders, and the school community, including all of the families who attend our schools. I’m also running to find common ground and a collaborative tone of inclusivity and constructive dialogue."

"Personally, I was inspired by my involvement with the Emeryville Town Hall (July 27, 2009) and the community engagement of RULE (Residents United for a Livable Emeryville). The new spirit in town gives me hope. I am also transitioning from teaching to public policy. With two city council members leaving, I saw the need for balance there."

"I was very fortunate to be part of a teacher bargaining team in San Lorenzo, where I saw and participated in successful budgeting and negotiating sessions. The attributes I can bring to the city council are curiosity, enthusiasm, budget/math skills, and a keen interest in this kind of public service to improve our community."

What

Taxes

Support raising taxes. "The fiscal crisis means that we have to look at both revenue and expenses." The Card Room tax (Measure K on the November 2009 ballot) would contribute about $250,000 annually to Emeryville.

On the Landscape and Lighting District tax:
Would affect both homeowners and businesses (property owners), but would require larger businesses to pay more through their square footage. Support the Landscape and Lighting District in general, but need more information (noting that the city of Emeryville website is difficult to navigate and find documents on.)

The city can raise more money by taxing private parking meters and parking lots as well as public parking, which would also encourage visitors to use of public transit "instead of adding to pollution and congestion in our streets."

Business tax: Support increasing the city's business tax - among the lowest in the Bay Area - so it is more in line with other municipalities. Also believe all businesses, small and large, should be taxed the same percentage of their gross receipts (currently, all business are only taxed on the first $3 million in gross receipts). "Our town is poised to take advantage of its success at attracting businesses over the past 15 years."

Development and Community Benefits

Believe developers should be required to enter into community benefits agreements if residents request it. "All developers and leaders in Emeryville should listen to the community and residents, at the minimum."

Example of good development - the proposed Marketplace project by TMG Partners, on the site of what is now the Public Market. Developer has been open to input on how to improve the project, which has won a LEED (environmental excellence) certification.

Example of bad development - Bay Street Mall, which caters to regional, not local, shoppers. Poor design with no sidewalk or entry on Shellmound Street. High-end retail that does not serve residents' needs. "Bay Street is not a community center; it’s a missed opportunity to create one."

Notes the increase in vacant storefronts in town. Believes the design of a building or development "can make or break the success of a business," and does not favor large parking lots at street level. "Retail stores should be warm and inviting to those on the street. The city should continue to make storefront improvement grants to businesses."

Arizmendi bakery - and the block where it is located - is an excellent example of the city supporting local business. "For five years, Emeryville used redevelopment funds to help businesses there, which I believe is an excellent use of those funds."

Housing, Schools, Open Space

Emeryville needs residential units that are affordable and large enough to accomodate families. The city has been "pretty good" at providing housing for singles and couples at market-rate and slightly below market-rate, but needs more housing for working families.

While housing is important for attracting families, an investment in city schools is also crucial. Also see need to implement the new General Plan calling for a significant increase in the amount of open space. "Families need open space. The Chamber of Commerce has sponsored a Healthy City Initiative which also helps to evaluate the 'health' of the city at many levels, including physical and financial. I applaud these efforts."

Concerned about the loss of architecturally significant buildings in town. Lives in a mixed old/new building, which has "great character, while serving our community’s residential needs."

RULE (Residents United for a a Livable Emeryville)

"Great to see residents here make their voices heard. Their concerns are valid and their efforts are laudable. The Coalition for a Better Bay Street helps combine efforts of many stakeholders, who should be part of the decision-making process. I have differed at times with the tactics of one of the Coalition’s members—EBASE—but I agree with many of their goals for Emeryville."

Emeryille Center of Community Life (ECCL)

See it as "fantastic vision... As a longtime teacher, I think that reaching the community through the schools makes sense, with community activities and services." There are still some concerns that need to be addressed. Financing will be challenging for a city Emeryville's size at an estimated $125 million.

"My understanding is that the school district will match the city’s investment in the Center. It is of great benefit to the school community. Emeryville is also actively pursuing state and local funding for ECCL, and Rep. Barbara Lee recently secured federal stimulus money for it. If Bay Street Site B is deserving enough to get $47 million from the city’s Redevelopment Agency, why wouldn’t this project also deserve funding?"

EMPAC (Emeryville Chamber of Commerce Political Action Committee, which is receiving funds from a Massachusetts Real Estate Investment Trust). EMPAC is providing funding to the campaigns of City Council candidates Kurt Brinkman and Frank Flores.

"What interests Massachusetts in Emeryville? It seems like EMPAC is representing an outside interest trying to influence what happens in our town. It would be good if the Emeryville Chamber of Commerce would be clear and open about their goals in city politics."

"I have no automatic judgment against candidates who accept EMPAC money; they need money to run campaigns! But I would be interested to know the implicit or explicit trade-off."

"I would like to work with the Emeryville Chamber—I intend to partner with the business community for sake of our town."

Jennifer West Campaign website

Meet the Candidates for Emeryville City Council

Kurt Brinkman

(interviewed by Tracy Schroth)

Who

Age, 56, divorced, two children: Heather, 29, and Ashley, 26; six grandchildren (with another on the way).

Emeryville resident since 1995. Current address: 4375 Adeline Street (loft/apartment and business).

Occupation: owner, Interactive Electronic Systems, Emeryville, an electrical contractor that installs fire alarm systems in hospitals, airports, and schools. 24 employees. In business since 1996.

Civic engagement: current member, Emeryville Board of Education, 6 years, served as vice-president for 1 year; current member, Emeryville Chamber of Commerce, 20 years, serving as vice-chair for 2 years; current member, Emeryville Arts Committee, 10 years, serving as the annual event bartender for more than 15 years; current member, Emeryville (Unified School District) Entrepreneurs, a new youth employment program.

Why

“I want to see a better connection between youth, families, and businesses in Emeryville. There is a racial disconnect in Emeryville right now,” with the youth in town thinking that Emeryville is a “black” town (65 percent of students in the school system are African-American), and the businesses thinking Emeryville is a “white” town (40 percent of the students in Emeryville schools come from outside the district).

“Through youth mentoring programs such as Emeryville Entrepreneurs, I am trying to bring (business and school) communities together and form partnerships with Pixar (Animation Studios) and Novartis, both in Emeryville.” For example, Pixar helps 5th graders make movies, and Novartis has a summer youth employment program. One Emery High student who participated in the Novartis program went on to college, got an MBA, and then came back to Emeryville to work for Novartis.

“I would like to see that for all the kids. I want great schools …” so kids can go on to college - 93 percent of the 2008 senior class at Emery High went on to college - then come back and have a career path here in Emeryville.

“We need to have a strong foundation in the belief that people can improve themselves and that Emeryville is a school district that cares. With the proper foundation, we can provide a good education, good skill sets, and good jobs for people so they can come to Emeryville with their families and live and work here.”

“I am logical. I know how to manage people and money. I will listen and negotiate. I will listen to all parties. I have years of experience working with people. I was the mayor of Gilmore City Iowa at the age of 20.”

What

Taxes

Do not support raising taxes. “I understand the need, but now is not the time to raise taxes. If the economy turns around, we shouldn’t have to raise taxes.” Am “repulsed by the sales tax increase” of more than 10 percent this past year. “I think it’s ridiculous.” Does not support the Landscape and Lighting District tax.

Development and Community Benefits

Believe in project labor agreements that involve local hiring and “pre-apprenticeship training. Also believe that when the city has a large project, there should be direct benefits to residents. Regarding Madison Marquette, the developer of the Bay Street Mall and proposed development of Bay Street Site B north of the mall, believe they should “sit down and have a direct conversation with residents because it’s their city. … I think they should do more.”

“We need to recognize the value of Emeryville and sit down and negotiate that.”

At one time the city needed development, but now Emeryville has “created a tremendous value …there were the days for big-box retail stores, but now we need to change.”

The development model of 15 years ago needs to be reexamined and adjusted. If elected to the City Council, will definitely look at supporting family-friendly housing with green areas and trees. “Some of these projects are a total disgrace.”

Example(s) of good development in past 5 years – Oak Walk on San Pablo Avenue and 40th Street. Looks “nice” and there’s a sense of openness. Likes the density. “It looks like the people living there can get to know each other easily.” Likes several building conversions or renovations, such as Vue 46 at 46th and Adeline streets, a condo/loft project converted from an old factory building, and the $9 million renovation of Anna Yates elementary school. (He could not think of any other developments he liked).

Example(s) of bad development in past 5 years – Pulte Homes Inc. among the worst development projects the city has seen in recent years (Glashaus at 65th and Hollis streets). Also Andante on 40th Street between San Pablo Avenue and Adeline Street (by SNK development based in Phoenix, AZ). Both developments have the problem of too much density. “I’m a big believer in people sitting on front porches and watching people go by. There’s no way people living there can do that. You can’t interact with your neighbors and there’s no place for kids. Kids have to have trees.”

Regarding the city’s glut of vacant storefronts, would like to see some incentives to get small businesses, preferably local businesses, to occupy some of that space. The city should look at financial incentives to help small businesses occupy those spaces.

Believe the demolition of buildings designated by the city as architecturally significant should be done only as a last resort. What makes Emeryville unique is the mixture of different types of buildings. However, “it all depends on the bones of the building. Sometimes you don’t have enough to work with to restore it. Sometimes it’s not feasible.”

Jobs

See potential in green energy types of jobs in Emeryville, “envisioning hundreds of jobs in the region that spin off from the green energy industry such as construction jobs making homes more energy-efficient.” Acknowledge that while Emeryville has a large number of retail and hotel jobs, “ … it’s impossible to live in Emeryville on those wages.”

Would like to see more locally serving businesses in the proposed development of Bay Street Site B, north of the Bay Street Mall.

“I would like to see residents start more businesses in town.”

About Semifreddi’s move to Alameda: “I hate to see them leave. I think the city should have done everything they could have done to keep them here (Semifreddi’s co-owner Tom Franier said the city did nothing to help them find a new location after Pixar took over their current building. Semifreddi’s had been in Emeryville for 25 years.) I believe Emeryville needs to have industrial condos so residents can start businesses here. Right now it’s very hard to find that kind of space in Emeryville. I have the same problem with my business. There are the issues of parking and having enough space and it’s hard to find here.”

Would love to buy a building in Emeryville for own business. “Small businesses want to be here, but often can’t find anything they can afford. I can’t afford anything here that would serve my needs and I’ve been looking. When you get to a certain size it’s hard to find space. It’s difficult to keep growing in Emeryville.”

Would be open to taking some of the city’s redevelopment money to start a small business fund (did not say how much).

RULE and the Coalition for a Better Bay Street

“I have no feeling about them … and am not really familiar with either one.”

Emeryville Center for Community Life (ECCL)

Support it. Renovation of the high school, relocation of the city’s recreation center, and the inclusion of community. The estimated price tag of $120 million is inflated. Construction costs are coming down. It will probably not cost that much, and a piece of the property will be developed or sold to help pay for it.

EMPAC (Emeryville Chamber of Commerce Political Action Committee, is receiving funding from a Massachusetts Real Estate Investment Trust). EMPAC is providing funding to the campaigns of Brinkman and City Council candidate Frank Flores.

Not aware that it is getting money from an E. Coast real estate investment trust. “Am I concerned? There’s a concern, but it’s politics and lots of strange things happen in politics.” Although EMPAC has funded ads that promote the candidacy of Frank Flores and Brinkman together, “I am not on a slate with Frank Flores. … I’ve lost two elections by one vote - once for the Emeryville School Board, and the first time I ran for mayor in Gilmore City, Iowa. … I prefer to run by myself.”