City Council Grants Rich Developer $2.5 Million in Taxpayer Money, Angrily Dismisses Residents' Complaints

by Juanita Carroll Young and Tracy Schroth

The City Council Tuesday approved the $2.5 million taxpayer subsidy to Wareham Development to build a 58-foot office building on the corner of Hollis and Powell streets, next to the Elevation 22 residential complex. Council member John Fricke voted against. Vice Mayor Ken Bukowski abstained from the discussion and the vote.

Here is a recap of the public comments:

The residents of Elevation 22 are requesting noise abatement in exchange for the approval of the project. They also want a contact person at Wareham who they can call with complaints.

Several (8) Emeryville residents complained about the Council consistently giving huge taxpayer subsidies to rich developers, and asked "why?" This project has also been granted a height variance to exceed the maximum height allowed - again, residents asked, "Why?"

Several residents disagreed with the Council's characterization of the existing building on the site - which housed a law office and an architecture firm - as "blight." In fact, resident Brian Donahue pointed out that the building meets the city's definition of "architecturally significant." Many residents see the proposed new building as yet another big, bland, contemporary office building with no aesthetic value. One speaker suggested that the Council get some design advice from architects who work in Emeryville.

In addition to the residents who often attend Council meetings to make public comment, there were some new members of RULE (Residents United for a Livable Emeryville) who voiced concern about the Wareham project, among them a Pacific Park Plaza resident.

Council member Nora Davis and Mayor Dick Kassis were openly hostile in their response to public comment, suggesting that these subsidies are necessary to lure development, which will generate big tax revenue in return. They dismissed residents' request that developers be required to provide some community benefits in return for the millions of dollars in subsidies they receive. Not only is Wareham Development excused from providing any city amenities, it got the green light to exceed the allowable height limit - allowing the building to cast an even larger shadow on the Doyle Street Greenway, a bike and pedestrian path that runs from Powell Street to the Berkeley border.

John Fricke argued that Emeryville is a desirable location to do businesses; the City no longer needs to attract developers with big subsidies. He noted that 20 years ago, when Emeryville began doling out taxpayer money to developers, the Council urged residents to be patient, that these projects would return the favor in spades (in the form of tax revenue and city amenities).

"We're still waiting," Fricke said.

City Council Poised to Grant $2.5 Million in Taxpayer Money to Wealthy Developer

Edited version of email message from Council Member John Fricke, sent to residents Thursday, May 14

At the upcoming City Council meeting on Tuesday, May 20, the Council is poised to grant $2.5 million in taxpayer money to a developer (Wareham Development) to construct a 58-foot office building on the northeast corner of Hollis and Powell streets (next to the Elevation 22 residential complex).

I will vote no because:
(1) we should stop giving millions of dollars in taxpayer money to developers
(2) the project violates the city’s zoning ordinance (the developer is asking to exceed the height limit)
(3) an appeal filed by residents of Elevation 22 objecting to the project is still pending
(4) the project will not be required to adopt policies that would reduce the use of single-occupant vehicles

Elevation 22 residents object to the planning commission’s approval of the project on a number of grounds, including the excessive height of the proposed building. Residents are also concerned about noise expected from equipment on the roof of the building (they have complained of incessant noise coming from the roof of an existing office building across the street that was constructed by the same developer).

The city staff report implies that if the city doesn't grant Wareham millions of dollars in subsidies, the project won’t happen. The City Council majority embraces this assumption. This project is yet another example of the Council granting millions in taxpayer money without demanding any concrete benefits in return.

I believe the developer would construct the project without the subsidy. However, if Wareham decides it will not do the project without the subsidy, then we should wait until the market improves -- and see what happens. Once the economy recovers, the project can likely occur without a subsidy.

(The staff report on this project is not yet available on the city’s website. But whenever its posted, one can access staff reports at
http://www.ci.emeryville.ca.us/media/ )

Whenever new development projects seek City Council approval, I call for a condition of approval that the project charge for parking, commonly called unbundled parking. I also seek to require that each resident and/or employee associated with the project receive a free AC Transit bus pass. Bulk passes can be purchased for far less than the cost of one bus pass. These and other policies (such as requiring car-share cars) seek to reduce single-occupant vehicle use and encourage public transit use, bicycling, and walking. None of the other Council members has supported these conditions, including for the project to be considered on Tuesday.

I receive many responses to my broadcast email messages. Some of the responses I receive seem to be addressed to a larger audience. I don’t have a blog on my web page that can receive such messages, but I’m trying something new with this message.

By clicking on the "comment" link at the end of this story, you can post your comment for others to read.

Speaking of reducing single-occupant vehicles . . .

Happy Bike to Work Day!

www.johnfricke.com/BikeToWorkDay14may2009a.jpg
www.johnfricke.com/BikeToWorkDay14may2009b.jpg

The woman on the right is none other than Alameda County’s Bike Commuter of the Year, Laura McCamy! Laura lives in Emeryville. Here’s more information about Laura:

http://btwd.bayareabikes.org/node/102

Best,

John

John Fricke
1057 43rd Street
Emeryville, CA 94608

510/601-8846

jfricke@JohnFricke.com

www.JohnFricke.com

About the Survey

The Who, Where, and How of Resident Survey
In response to readers' questions, a description of the survey cited in the previous story is provided below:

The survey was conducted jointly by the East Bay Alliance for a Sustainable Economy (EBASE), UNITE HERE Local 2850, and Residents United for a Livable Emeryville (RULE). The survey was conducted over a one-month period (in February 2009) by a team of volunteers who went door-to-door in every neighborhood in Emeryville. On average, five teams of 2 volunteers conducted the surveys on 12 separate occasions, questioning more than 400 residents across the city, including North Emeryville, the Triangle neighborhood, Watergate, The Terraces, Archstone Apartments, 1500 Park Street, and the Emeryville Artists' Cooperative. Residents of Pacific Park Plaza (PPP) were not surveyed because volunteers were denied entrance. They were told that PPP does not allow soliciting. All the residents surveyed were chosen at random.

The 7-question survey asked residents their opinions about development in town, requesting that they prioritize their top three concerns or demands (see survey results - link in previous story - for more details). Survey questions were based on feedback received during a series of focus groups. Among the focus group participants were Emeryville teachers, former city council members, religious leaders, school board members, youth, small business owners, and residents. A professional, outside facilitator was hired to conduct all of the focus groups.

Residents Say Development Should Benefit Community

Survey Shows Quality Jobs, Affordable Housing, and Investment in Education are Priorities for Residents

The results of a new survey shows that Emeryville residents want development that includes community benefits. A majority (82 percent of more than 400 surveyed) do not support the current proposal for Bay Street Site B, which includes more high-end retail, a hotel, and condominiums. Site B is immediately to the north of the Bay Street mall. Residents are calling on the city and the developer to include more affordable housing, good-paying jobs, and an investment in education.

In February 2009, the East Bay Alliance for a Sustainable Economy (EBASE) teamed up with a local citizens group, Residents United for a Livable Emeryville (RULE), and UNITE HERE Local 2850 workers to survey residents. Click here for the survey results.

"No" on Emeryville Center for Community Life

Edited version of email to residents from Council Member John Fricke (sent March 22, 2009).
RE: The City Council's plans for the Emeryville Center for Community Life (ECCL), described on the website designed exclusively to promote it, as a place where "schools, community services, arts, and recreation programs are integrated." The price tag? More than $120 million.

At last Tuesday's (March 19) meeting, the City Council began the process of hiring an architect to design new community facilities - to be known as the Emeryville Center for Community Life - at the high school site (on San Pablo between 47th and 53rd streets). The architecture fees alone are estimated at $11 million, and would be paid from the city's redevelopment money. The entire project is estimated to cost $120 million. When completed, the project ("ECCL") would include new school facilities and city-run services. I voted "no" for a number of reasons.

The city's redevelopment money could be better spent on less grandiose projects. For example, Emeryville needs a permanent recreation center. In 2006, the city estimated the cost of a new recreation center at $6 million. Instead of preparing to spend $11 million on architects' fees, the city should provide a new rec center.

The money could also be spent to create more parks and open space. The park soon to be completed at 61st and Hollis cost about $8 million to buy the land, and design and construct the park.

The ECCL plan includes having all grades – kindergarten through 12th grade – at the high school site. Having just completed a $9 million renovation of the existing grammar school, the school district would abandon this school site. ECCL construction is scheduled to begin in 2011.

In these tough economic times, it doesn't make sense to be planning to spend $120 million on a project, especially since it's unclear where the money will come from.

Even if the money is found to construct the project, running the facility is going to demand a larger city budget. ECCL proponents argue that the project will actually save money in maintenance costs since a number of current city services and school functions will be consolidated in one location, thus saving operating money by sharing administrative functions. Can the city and school district expand the number of programs while saving money?

ECCL proponents are very ambitious in what programs will be offered: "180,000 square feet of interior space made up of general instruction classrooms, meeting rooms, administrative offices, 2 gymnasiums, multi-purpose areas, art and music studios, dance and fitness studios, space for preschool and before and after school activities, technology centers, teacher work areas, parent and teacher resource areas, library, and a health and wellness center. The outdoor space would include soccer field, football field, baseball field, basketball courts, a year-round swimming pool, a running track, gardens, and green open space."

The city's budget is stretched as it is. Sales tax revenue is down, and the city council is debating whether to raise taxes. I support raising taxes if the alternative means cutting back city services. I don't think this is the best time to be planning for a facility that will likely demand a larger city operating budget.

Finally, nothing has been decided on how the joint facility would be governed. The city's redevelopment money would be spent for a project on school district property. In places like Chicago and New York, the school superintendent answers to the mayor and the school budget is part of the city budget. In California, school districts are governed by separate, elected boards. Before the city uses its redevelopment agency money for a project on school property, it behooves us to know what governmental body will be ultimately responsible for what goes on at the facility.

Emeryville Vice-Mayor Ken Bukowski Censured

(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"
__________________________________________________

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' ... "

Opinion

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.”
___________________________________________________

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.

Emeryville City Council Ratifies It's January Ruling: The Woodfin Must Pay

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.

Community Yoga Center Opening in Emeryville

Square One Yoga Collective, a new studio offering low-cost yoga classes and community events, is opening March 1 in the Triangle Neighborhood of Emeryville.

Katy Cryer, a neighborhood resident, is teaming up with 11 other Bay Area yoga teachers to make the transformative art of yoga available to everyone, regardless of income. At the heart of Cryer’s vision is the belief that yoga has become too expensive for many of the people who need it most.

“Yoga changed my life,” she said, “It helped me become calmer, more centered, more self-assured, and more compassionate toward others. It even helped me break a 15-year tobacco addiction. Everybody should have this.”

Cryer plans to offer classes for $10 -- two-thirds to one-half what most other Bay Area studios charge. Neighborhood residents for whom even $10 is prohibitively expensive will be given the opportunity to apply for scholarships.

San Francisco architect Pablo Ortiz Pena is designing the interior of the studio, while Leigh Okies of Leigh Okies and the Office of Fine Print, also in San Francisco, is meeting all of Square One’s graphic design needs. Both Pena and Okies are working pro bono, sharing Cryer’s belief that yoga is a conduit for social and personal change.

"Many, many hours of their hard work is making Square One not only the most affordable of Bay Area studios, but also perhaps the most beautiful," Cryer said.

All events and classes on opening day (March 1) will be free and open to the public. Classes will begin at 9:30 am, 11:30 am and 4 pm. There will be a reception following the final class of the day. Sein Feit, an Oakland musician, will hold a kirtan (call and response chanting in the Hindu tradition) at 7:30 pm.

For more information, please contact Katy Cryer at 510-547-9700 or 415-652-8229, katy@squareoneyoga.com, visit website at www.squareoneyoga.com, or drop by the studio -- Square One Yoga Collective, 4336A San Pablo Ave., Emeryville, CA 94608.

City Manager Bans Distribution of News, Publications at City Hall

Secret News Request Prompts Blanket Ban on "Outside Publications," including Chamber Newsletter, Restaurant Flyers


By Brian Donahue, Marc Albert, and Tracy Schroth

A request by The Secret News to place printed copies of the Emeryville city news blog in City Hall – alongside the Chamber of Commerce newsletter, The Emeryville Connection -- has triggered an all-out news ban by City Manager Patrick O’Keefe. As a result of The Secret News’ request, O’Keefe has declared all “outside publications” prohibited, including restaurant and other business flyers formerly posted in the employee break room, and the Connection, copies of which were neatly stacked at the front counter for the past two + years.

The ban was issued last Thursday, at the advice of City Attorney Mike Biddle, just two hours after The Secret News made its request to place printed copies at City Hall.

In an e-mail to City officials, Chamber President Bob Canter vowed compliance with the new ban (see below), and that he supports the arrest of individuals caught distributing any publications at City Hall.

It’s the second time in recent years that the City has been challenged over its support of the Chamber’s newsletter, which serves primarily as a pro- government PR sheet. The first challenge came when it was discovered the City was actually using taxpayer money to bankroll the Connection, at a cost of $43,000 a year. This is despite the Chamber’s status as a private, independent membership organization with no formal city affiliation. The Chamber lost its taxpayer subsidy, and soon switched from glossy 4-color to newsprint.


Email to City officials from Chamber President Bob Canter:

We're going to obey you.

The Emeryville Chamber of Commerce has every intention of obeying the law and abiding by the decision of the City Manager and City Attorney regarding the distribution of materials in City Hall. We recognize the right of the City Manager to control what materials are distributed in the building.

Effective immediately -- in compliance with the City Manager's/City Attorney's joint determination -- we will no longer ask for, nor expect, The Emeryville Connection to be displayed anywhere inside City Hall. Per Mr. O'Keeffe, I will keep several issues with me and will hand them out on a one-on-one basis, upon request, or if someone says they would like to see a copy, but effective immediately there will be no illegal standing displays of the paper.

The City Manager/City Attorney can enforce their decision any way they deem proper, including removing illegally-displayed materials. Arrest also sounds like a great option to us.