Superintendant Explains Senior Parcel Tax Exemption Snafu

Below is the text of a letter sent by John Sugiyama, superintendant of the Emery Unified School District, to Shirley Enomoto, author of the previous post regarding the parcel tax exemption for seniors.

Hello Shirley!

Thank you for your patience in receiving this reply to your inquiry regarding the notification of Emeryville parcel owners regarding the senior exemption provision of Measure A. We have researched this issue extensively and finally have information that we believe is accurate. Hopefully this information will be helpful to you.

1. Contrary to what we understood previously, the letter notifying parcel owners of the senior exemption is only mailed to those seniors who have previously applied for the exemption. The letter is not mailed to all parcel owners in Emeryville nor does any law or statute require such a mailing since the notice of senior exemption was clearly stated in the ballot language for Measure A.

2. While the ballot language states, “Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the assessment . . . “ the language continues on to state, “ . . . so long as such applicant continues to use the parcel as his or her principal residence.” Therefore, the only way to determine whether an applicant continues to use the parcel as his or her principal residence is for the applicant to re-submit the exemption form on an annual basis. The County Tax Assessor only knows if the parcel has changed hands, not, for example, if a parcel owner moves out and continues to rent the property and claim the exemption (for which they are no longer eligible).

However, given that there are seniors such as yourself who were not 65 at the time the parcel tax was passed and that they may not recall that they are eligible for the senior exemption when they turn 65 years old prior to July 1 of an assessment year, we have directed NBS to mail the notice of the senior exemption letter to every residential parcel owner on record with the County Tax Assessor this April as a reminder for anyone who is 65 years of age prior to July 1, 2010. In this way, we can be sure that every eligible senior will receive notification of the exemption provision in Measure A. Of course, those seniors who have previously filed the exemption request will receive the same letter in early April.

The requirement that the senior exemption be renewed annually will remain for the reasons stated above. For your information, our district along with many other school districts and city governments use NBS to manage their parcel taxes. We have been very pleased with their services and have no reasons to terminate our contract with them. If you are interested in learning more about NBS, their website is www.nbsgov.com.

I want to thank you for bringing the issue of notification of parcel owners about the senior exemption to our attention. As a result of your inquiry, we can now take action to be sure that all residential parcel owners are informed annually of their ability to apply for a senior exemption.

We expect that the letter will be mailed out by NBS sometime in early April. Please e-mail me to let me know that you have received the letter.

Thanks again,

John Sugiyama

Senior Citizens Forced to Re-apply Annually for Tax Exemption, in Violation of City Law

To Boot: Annual Reminder Letters Supposed to Go Out, But Seniors Say They Never Received Them

By Shirley Enomoto

Call it the Benjamin Button effect. Emeryville's School Board is forcing senior citizens to prove they are not getting any younger---every year.

Measure A, the Emeryville school parcel tax, was passed by the voters in 2003. In 2007, it was extended another 10 years to July, 2019.

The text of the measure reads:
"(iii) an exemption from the special tax will be made available to each property owner in the District who will attain the age of 65 years prior to July 1 of the assessment year, who owns a beneficial interest in the parcel, who uses that parcel as his or her principle place of residence and who applies to the District on or before July 1, 2007, or July 1 of any succeeding assessment year. Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the assessment so long as such applicant continues to use the parcel as his or her principle residence. Senior exemptions granted during the term of the current special assessment will continue. In addition, should state law ever permit, there shall be an extension for property exclusively rented or leased to those age 65 years and older."

The application for a waiver is available through the office of the Superintendent of Schools, John Sugiyama, at 4727 San Pablo Avenue, Emeryville, 94608.

A letter of explanation from NBS, a consulting firm in Temecula, CA, states:
"this exemption must be renewed by application each year and must be received at the Emery Unified School District offices by noon on July 1, 2009, to be eligible for the exemption. Please note that this exemption must be requested and renewed each year."

Mr. Sugiyama says that this letter is sent to all property taxpayers every year, ever since the the passage of Measure A. But the requirement that an application for the exemption must be filed every year following the age of 65 is in direct conflict with the text of the ballot measure.

While I have always supported the school parcel tax, and in fact, have volunteered at the Anna Yates library for four years and annually raise money from family and friends to purchase books and magazines for the library, I feel that this is a devious manner of collecting taxes. I have lived in Emeryville for 13 years and have never received this letter from NBS, nor has anyone else I've asked.

Since this reduction in school parcel taxes directly affects Emeryville's schools, please do all you can to support the schools and by volunteering.

Shirley Enomoto moved to Emeryville 13 years ago, just before the real estate boom, and is now retired. She has seen various buildings demolished to make room for high rises. She has seen how the City appears to give preferential treatment to hotels and commercial developers, while holding small businesses to strict standards over minor issues like signage.

OPINION

DO AS I SAY, NOT AS I DO

By Liz Altieri

Be prepared to reach into your wallets so your city employees don’t have to. The City of Emeryville ’s Finance Committee (Nora Davis, Chair; Jennifer West, Member) is currently contemplating “revenue enhancements” to recommend to the full City Council. This is due to the grim news revealed at last June’s City Council “Advance” (as opposed to “Retreat”) regarding budget projections for Fiscal 2009-10, which started on July 1: “The current revenue base is inadequate in sustaining our cost structures.” While some savings are expected from freezing open staff positions, the City Council is looking to new revenues to address this “fiscal imbalance” – more taxes.

The easy way out is a special “Landscape and Lighting Assessment District” (LLAD) which can be imposed on property taxpayers without going through a regular election. A simple mailing to property owners – residents and businesses in Emeryville – can result in new property taxes which are weighted by the number of square feet owned, and if you don’t respond to the mailing, your vote doesn’t count. Twenty commercial property owners (count them: Wareham , Madison Marquette ( Bay Street ), Pixar, etc.) can sway this vote. Hey, do any of these people have projects pending before the City? Can you hear “Let’s Make a Deal” in any of these back rooms at City Hall? And who will really pay this tax? Their tenants, that's who - other Emeryville small businesses AND their customers.

You may have recently received a telephone poll, which was commissioned and paid for by the City, to find out how taxpayers would react to this new tax. Couched in vague terms relating to “quality of life” issues, the bare facts of a new tax are veiled by threats of unmaintained parks and dim street lights. No where mentioned is the alternative of cutting city employee costs – which currently consume 72% of the General Fund.

Government employees, including Emeryville workers, have some of the most lucrative jobs around. Paid medical, dental and vision benefits, 37.5 hours work weeks, liberal vacation and “administrative” pay, car allowances (where, in our "Green" City?), retirement at 55 with almost full salaries – we are not talking fire and police here, but your average pencil pusher at City Hall. With state and local governments across California requiring closures of government offices and unpaid furloughs from employees, has Emeryville even contemplated further tightening its own belt before stretching out its palms for taxpayer silver? No way. Embittered employees might take a walk – to where, Vallejo ? Hey, can I apply for that job?

It is time to demand that Emeryville government look around its own house for ways to save money before grabbing at the public to continue financing its employees’ extravagant salary and benefits packages. We’re not going to take it any more. Contact your City Council members before it’s too late.

Liz Altieri and her husband have lived in Emeryville for the past seven years, and own their Watergate residence. Liz has worked in Emeryville since 1997. She is currently studying for her real estate license and working with All Emeryville Properties as a broker's assistant. Liz is an emeritus Board member of the Emeryville Chamber of Commerce, and has been a member of the General Plan Steering Committee since its inception.

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