Woodfin Doesn't Want to Pay Its Workers, OR Its Lawyers

After Losing Court Battle to Deny Workers $200,000 in Back Wages, Woodfin Demands Emeryville Taxpayers Foot Its $500,000 Legal Bill

by Secret News staff

The Woodfin Suites Hotel in Emeryville filed a brief in Alameda County Superior Court demanding that Emeryville taxpayers pay the hotel about $500,000 in legal fees. The brief comes about one month after Superior Court Judge Steven Brick ordered the Woodfin to pay $200,000 in back wages to dozens of immigrant housekeepers, ending a lengthy and expensive court fight that began in 2006.

News of the Woodfin's demand that Emeryville pay the hotel's legal fees has sparked anger among residents.

"I'm floored," said one resident. "The Woodfin spends years recklessly trying to undermine a voter-approved living wage law, and now they want a $500,000 'bailout' from those same voters? They can't be serious."

The Woodfin has yet to pay the workers and has recently suggested in court that it might appeal Judge Brick's ruling, further prolonging the four-year legal fight. The dispute has sparked the continuing boycott of the Woodfin, more than 100 pickets, and the largest protest march in Emeryville's history.

The back wages are owed as the result of Measure C, a 2004 initiative that established a living wage for workers at Emeryville hotels, and also set guidelines for working conditions. The wage for housekeepers ranges from about $9.75 to $11.05 an hour. Emeryville's three other hotels are in compliance.

"I'm in this fight for my family," said one worker, Maria. "I earned every cent of that money with my own sweat and hard work."

About 60 workers, residents, and supporters picketed the Woodfin last Saturday. The march began at 7:30 a.m. as a "wake up call" to the Woodfin that the boycott will continue until workers have checks in hand.

"This is a gross injustice," said Henry Norr, a retired journalist from Berkeley, in explaining why he joined the picket line. "The people who work the hardest are the people who get the least. It's not right."

(Photos: Protestors at the Woodfin Saturday, Jan. 16. Photos by Tracy Schroth).

KALW Reports on Residents' Concerns About Emeryville Development

Residents Call for Change in Second Phase of Emeryville Development

By Zoe Corneli on Wednesday, Jan 13, 1:33pm

As you’ve probably heard, this is not the best economic climate for commercial real estate development. Even in the Bay Area city of Emeryville, one of the friendliest places around for developers, the pace of building has slowed.

A second phase of the prominent Bay Street shopping center has been in the works for years. Current plans call for a department store and a parking garage… but right now, it’s just an empty lot.

While that project has been standing still, the city around it has been changing. The population of Emeryville has nearly doubled in the past decade. And some residents are starting to speak out. They’re hoping the new mall, called Site B, won’t be just more of the same. KALW’s Zoe Corneli reports from Emeryville.

Listen to full story

Emeryville's Inner Wild West

By Zoe Corneli on Wednesday, Jan 13, 3:26pm

My piece in today's Crosscurrents talks about the present-day residents of Emeryville trying to edge in on the symbiotic relationship between the city and commercial developers.

What the story doesn't talk about is this little town's history of brazen iniquity.

Read full story

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.