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(l to r) Council members Ruth Atkin, Dick Kassis (mayor), Nora Davis, Ken Bukowski (vice-mayor), and John Fricke
The Two "No" Votes:
Bukowski Cries "Revenge";
John Fricke Calls Censure "Toothless"
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Council Also Votes to Cut Public Comment Period from 5 minutes to 3 minutes
by Brian Donahue and Tracy Schroth
The Emeryville City Council last Tuesday voted 3-2 to officially censure Vice-Mayor Ken Bukowski for unlawful and unethical conduct while in office. The strongly worded resolution criticized Bukowski for bringing "disrepute" on the city in general and the City Council in particular. The censure sought to publicly condemn Bukowski's actions and invite "the reaffirmation of his oath of office and commitment to govern his activities as an elected official ... in full compliance with ... all laws of the State of California and the City of Emeryville."
Bukowski and Council Member John Fricke voted against the censure. Bukowski characterized the move as revenge, while Fricke called it a "toothless" show for the cameras, noting that aside from public humliation, there is no consequence. He noted that the three Bukowski condemners were enthusiastic Bukowski supporters just a few short years ago, despite their knowledge of Bukowski's transgressions (although the list has grown since then). Council members Nora Davis and Ruth Atkin ran on the same re-election slate with Bukowski, with the active support of (now-Mayor) Dick Kassis, in 2007.
Bukowski, meanwhile, characterized the censure as an act of revenge, claiming that his fellow council members were punishing him for voting against the city renewing its contract with City Attorney Mike Biddle.
This is the second time the Bukowski censure resolution has been put to a vote. Council Member Ruth Atkin introduced the same resolution at a Jan. 20 Council meeting. But, after a lengthy discussion, she withdrew it, preventing a vote. At the time, Council Member Nora Davis indicated she was against the censure and that Bukowski had served the city well. Last Tuesday, however, she voted in favor of censuring Bukowski.
In other business, the Council voted 4-1 (Fricke against) to reduce the public comment period from 5 minutes to 3 minutes per citizen. They also voted to ban dogs from the council chambers.
Here is a list of Bukowski's offenses cited in the resolution:
- Failure to pay business license tax on his Doyle Street rental property.
- Disclosure to the public of confidential closed-session items discussed by the City Council. There is speculation that the disclosure had to do with the firing of a city staffer who alleged that the firing was racially motivated. Bukowski sided with the employee, publicly criticizing the handling of the case by then City Manager John Flores and City Attorney Mike Biddle. The city ultimately settled the case for $3.6 million.
- Failure to file the necessary campaign finance reports between October 2003 and 2006, "despite repeated reminders and requests from the City Clerk’s Office and referral to the Fair Political Practices Commission." Bukowski has since been fined by the Fair Political Practices Commission, according to the resolution.
- 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 several months ago that Bukowski received a loan from Emeryville developer Francis Collins.
- Entering into a consulting contract with Paxio, Inc., an Internet service provider that also has a contract with the city to supply services, and failing to disclose that consulting agreement to his fellow City Council members.
- Participating in and influencing decisions of the City Council regarding Paxio while on Paxio's payroll.
Bukowski has "flouted and violated the law governing his activities as a local business owner and as a member of the office of the City Council on several occasions," the resolution said, noting that "these violations are not limited to an isolated incident and have brought disrepute to the City of Emeryville" and the City Council. The resolution went on to say that the Council has "grown weary of Council Member Bukowski's pattern of violating the law, followed by promises of reform once violations have been publicly exposed, and thereafter followed by further violations after some period of relatively 'good behavior' ... "
Where Is Center?
by Joe Chambers
Where is the center of Emeryville? What constitutes a center? As my girlfriend, Luana, and I made our awkward walk home to 62nd and Hollis from Trader Joe’s, groceries in hand, we argued about exactly where the center of Emeryville lies. Unclear whether Emeryville’s main attraction, IKEA, constituted its center, I looked down at the sprawling vacant lot next to Bay Street Mall (a.k.a. Site B) as I crossed the Powell Street bridge.
The development planned for Site B is essentially an extension of the Bay Street mall. The list of what will occupy the site has an all-too-familiar ring: condos, high-rise hotel, and more retail. It’s more of what has come to characterize the city – attractions for the short-term visitor. What struck me, and probably the developers too, was the important central location of this site.
To me, this lot in and around Powell Street represents the heart of Emeryville. Not only is it the main access point to all the stores and freeways, but it allows our neighbors to the east to cross quickly into the main shopping district and onto the highway. Unfortunately, a car is necessary to make that trip. (Even from my home at 62nd and Hollis, I often consider driving as the most practical option.) Upon entering Emeryville, visitors must find parking, consume their goods, and then navigate the city’s convoluted web of one-way streets and heavy traffic to find the road home. There is no place for shoppers to rest, talk, read, or think long enough to consider that there might be something to do in Emeryville other than shop. Where is our communal meeting place? Must it all revolve around retail? I believe a city is made by a central public space that attracts visitors, employees, and residents alike. Site B could be that place. Take Union Square in San Francisco or Union Square in New York City – they both provide a gathering space where people can eat lunch, talk on the phone, or arrange to meet someone. If we had a place to collect ourselves, we could decide where to go next or whether to stay longer.
The Bay Street mall businesses would benefit from such a place. Visitors might stay longer, shop more or eat at a restaurant. As it stands now, people do their shopping, get exhausted, and go home. This transience will continue until the City finds its soul – becoming less retail park and more of a cosmopolitan city. If people could access this central location from a variety of directions, and without a car, Emeryville could have a community of residents from Emeryville, Berkeley and Oakland, who want to spend quality time in our city’s “downtown.”
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Joe Chambers has lived and worked in Emeryville for the past 4 years. He is a local Emeryville artist whose emphasis is in architecture and city planning. His concern with the state of Emeryville is the lack of social and cultural attention the city provides its residents.
City Council is Unanimous in Ruling that Woodfin Owes Workers $200,000 in Back Wages
by Tracy Schroth
Current and former Woodfin hotel workers are now one step closer to victory in their three-year fight for more than $200,000 in back wages. The Emeryville City Council voted last week to formally adopt written findings of fact in the case, essentially ratifying its Jan. 15 voice vote that Woodfin must pay back wages to dozens of immigrant workers. The final vote follows a marathon five days of hearings over two months. The Council rejected Woodfin's appeal of the city manager's finding in 2006, ordering the hotel to pay the additional wages to comply with the city's "living wage" ordinance.
The Council ultimately rejected Woodfin's argument that it is in compliance with Measure C, a 2004 initiative that established a "living wage" for workers at Emeryville hotels, and also set guidelines for working conditions.
City Attorney Mike Biddle has sent a letter to Woodfin General Manager Hugh MacIntosh stating that the Woodfin has until March 31 to pay the back wages, along with its annual permit fee. The letter asks that MacIntosh supply the required declarations confirming the payments were made, to whom, and for how much, no later than April 15. If the Woodfin fails to meet the payment deadline, it will be denied a renewal of its permit to operate.
Sam Hardage, owner of the Woodfin, at 5800 Shellmound Street, has spent well over $200,000 in legal fees trying to fight the order to pay the back wages, arguing that room cleaners received help with their work from supervisors and therefore the wages owed are considerably less. When asked to elaborate, Woodfin attorneys said that supervisors helped clean the rooms "with their eyes and their heads" (whatever that means).
Woodfin Suites Hotels, a privately held company, was founded by CEO Hardage, who earned the rank of "pioneer" in the 2004 George Bush re-election campaign by raising more than $100,000 in contributions. In 2008, Hardage raised about the same amount for Arizona Sen. John McCain's presidential bid. Hardage also was a major contributor to the re-election campaign of former California Congressman Randy "Duke" Cuningham, now serving time in federal prison for accepting kick-backs from military contractors.
