The Secret News

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).

 

• 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 top left: Front of San Francisco apartment building; the callbox at 798 Post St. with Ken Bukowski’s name listed; close-up of listing; Kim Bukowski, niece of Ken Bukowski, with sons, David (left) and Joseph. Click photos to enlarge).

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.

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.

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

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.”

The Oakland Tribune

http://www.insidebayarea.com/news/ci_13528594

Emeryville’s vice mayor fined $15,500
for campaign violations
By Cecily Burt
Oakland Tribune
Posted: 10/09/2009 05:57:35 PM PDT
Updated: 10/09/2009 07:52:15 PM PDT

The State Fair Political Practices Commission voted unanimously Thursday to enforce a $15,500 fine against Emeryville Vice Mayor Ken Bukowski for campaign finance violations, including his personal use of campaign funds.

The commission found that Bukowski failed to maintain records necessary to prepare campaign statements for the reporting period July 1, 2003, through Dec. 31, 2003; failed to file four semiannual campaign reports; made cash expenditures of $100 or more; and made 11 payments to himself from his campaign account for personal expenditures unrelated to the campaign.

The commission also found that Bukowski failed to file required Statement of Economic Interest forms for the years 2003, 2004, 2005 and 2006.

Bukowski admitted that he used the campaign fund for his personal expenses because he was broke. He said he thought at the time that he would be able to repay the fund, but he never did.

Bukowski unsuccessfully requested that the hearing be postponed and the penalty be reviewed because he said the penalties were excessive for the nature of the violations. He also said he was under severe stress because of his inability to pay the fine.

Council Majority Gives Tallest Finger to City’s General Plan Committee and Residents; Grants Developer Unlimited Building Height

by Brian Donahue, Marc Albert, and Tracy Schroth

Profound changes are ahead in Emeryville after the City Council majority gave initial approval last Tuesday to a new General Plan, taking just a few seconds to dismantle five years of effort that included input from hundreds of citizens.

The 3-2 vote was among the most shameless displays of the Council’s eagerness to grant lucrative exceptions to certain developers. John Nady, founder/CEO of audio supplier Nady Systems, Inc. in Emeryville, wants to build a mixed-use development on a large parcel of land at the extreme northwest corner of the city (west of Shellmound, directly south of the Ashby interchange). He complained to Council members that building height restriction in that area of the City, designated by the new General Plan (to a maximum of 75 feet), was too low for him to make a profit on his planned development. The Council majority, obviously touched by Nady’s plight, voted 3-2 (with Ruth Atkin and John Fricke dissenting) to cast aside the new building heights and allow Nady to build as high as he wants.

The General Plan Committee, which spent five years redrafting the City’s General Plan, and held more than 50 public meetings, had finally settled on an Urban Design Policy which stipulates the following: a “central core” of tall development (100 feet+), stepping down to mid-rise, then smaller buildings as they radiate away from the central core. After much debate and consideration, the General Plan Committee voted to restrict mid-rise buildings to a maximum of 55 feet with a bonus height of up to 75 feet under certain conditions. Currently, the maximum height in the area where Nady’s parcel is located is 40 feet, up to 55 feet with a use permit, according to Council Member John Fricke.

The General Plan Committee spent hundreds of hours debating the merits of creating a “central core.” City Planning Director Charlie Bryant said at Tuesday’s meeting that there was some disagreement within the Committee about what the allowable heights should be.

“There was a sizable minority of Committee members who wanted to see taller buildings” in the area outside the central core, Bryant said. But, he added, that during a joint meeting of the City Council and General Plan Committee, the only votes for taller building allowances came from the three Council members attending (Mayor Dick Kassis, and Council Members Nora Davis and Ken Bukowski).”

After Tuesday’s vote, Council Member Fricke said his colleagues once again chose the interests of one developer seeking profits over the interests of Emeryville residents, disregarding the five years of hard work and struggle that went into formulating a General Plan.

“In the blink of an eye, the City Council conferred upon this developer and property owner an increase of millions of dollars in value, giving nothing to the residents in return,” Fricke said.

The Council’s vote prompted Planning Director Bryant to remind Council members that an unlimited building height allowance necessitates a change to the Floor Area Ratio (FAR). The FAR describes what percentage of a land parcel’s total area can be covered by a building. Council Member (and Vice Mayor) Ken Bukowski replied that the FAR should be whatever the developer needs it to be to accommodate the development proposal.

A day after Tuesday’s meeting, Bryant sent a notice to members of the General Plan Committee and City Council stating that “various citizens sent letters of support for the 75-foot maximum building height” in the area where Nady’s parcel is located.

The Council’s vote Tuesday is preliminary. A final vote is scheduled for this coming Tuesday, Oct. 13 at 6 p.m. at City Hall.

Vice-Mayor Ken Bukowski Used Campaign Money for Personal Use

Vice-Mayor Ken Bukowski, censured last March by three of his fellow City Council members for a series of ethical breaches, including failing to file campaign finance reports, reportedly faces up to $15,500 in fines for using campaign money for personal use and other related violations.

The San Francisco Chronicle, Oakland Tribune, and East Bay Express reported today that Bukowski was cited for the violations by the Fair Political Practices Commission upon its completion of an investigation of Bukowski’s campaign activities. (See below for text of stories).

Last March, the Emeryville City Council voted 3-2 to censure Bukowski for a long list of ethical violations, including:

• 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.

Emeryville Official Misused Campaign Cash

Henry K. Lee, Chronicle Staff Writer

Tuesday, September 29, 2009

(09-29) 15:34 PDT EMERYVILLE — Emeryville Vice Mayor Ken Bukowski is facing a $15,500 fine for violating state campaign-finance laws, including using more than $2,000 in donors’ contributions to pay his house mortgage, officials said Tuesday.

Bukowski, a member of the City Council since 1987 who has served five stints as mayor, acknowledged some missteps but criticized the investigation as an excuse by the state to raise money.

An investigation by the state Fair Political Practices Commission determined that Bukowski and Citizens to Elect Ken Bukowski had committed 11 violations of the Political Reform Act, including failing to file semi-annual campaign statements from 2003 to 2006.

The commission said Bukowski’s re-election committee wrote 10 checks to Bukowski and another made payable to “cash” that totaled $2,290 in 2003 and 2004. The payments “were not related to a political, legislative or governmental purpose,” and Bukowski used the money for personal expenses, the commission found.

In an interview, Bukowski, 57, acknowledged that he had used the money to pay his mortgage.

“I admit that it was a violation. That was never the question,” he said. “The question is the amount of the fine – that’s pretty steep. I will repay the money, but I have financial difficulties right now.”

In papers submitted to the commission, he said a friend who had been helping him with his campaign “left suddenly” in 2003 and, as a result, his committee’s paperwork “was lost.”

An additional four checks from Bukowski’s re-election campaign were made payable to “cash” in 2003 and 2004 and totaled $1,340 for what Bukowski said was for election-related expenses, the commission determined. Each check was more than $100, which is a violation of the Political Reform Act.

Bukowski also failed to timely file annual statements of economic interests from 2003 to 2006 while serving on the board of the Alameda County Waste Management Authority in his capacity as an Emeryville councilman and mayor, as well as an alternate board member of the Alameda County Congestion Management Agency.

The commission has proposed a $15,500 administrative penalty and will discuss the matter Oct. 8, said Executive Director Roman Porter.

Bukowski said the investigation was unnecessary. “The system is not serving its purpose. It’s not about political reform, it’s about making money,” he said. “I borrowed $2,000 from my campaign account. There’s no victim here – I didn’t steal the money.”

As for as disclosing his economic interests, Bukowski said he didn’t know he was required to file the information with each board beyond what was on file with the city clerk’s office.

The investigation by the state political watchdog organization was the result of a complaint filed by Emeryville’s city clerk.

Bukowski, a retired small business owner, has served as mayor on a rotating basis five times, most recently in 2008.

In March, the City Council voted to censure Bukowski for a variety of conduct, including failing to pay business tax on rental property in the city and accepting a consulting contract with Paxio, an Internet service provider that also has a contract with the city.

In 2007, Bukowski was driving his SUV home from a night city meeting when he struck and killed Michael Smela, 56, a security guard. Bukowski wasn’t charged with a crime, but the city agreed to pay $1.125 million in June to settle a civil wrongful death lawsuit filed by Smela’s widow.

E-mail Henry K. Lee at hlee@sfchronicle.com.

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The Oakland Tribune

EMERYVILLE — Mayor Ken Bukowski could be charged up to $15,500 in fines for several campaign fund violations, including using donations to pay for his personal bills, officials said Monday.

Bukowski’s re-election committee wrote checks made out to the mayor personally during the 2003 election campaign that totaled almost $2,300, and another $1,340 in checks were made out to “cash,” according to the Fair Political Practices Commission.

As part of an agreement awaiting final approval, Bukowski paid the fines after an FPPC investigation found he had committed 11 violations of the Political Reform Act of 1974, FPPC Executive Director Roman Porter said.

“This is an administrative penalty by our commission,” Porter said. “I would also note, any violation of the Political Reform Act is punishable as a misdemeanor, but that would require investigation and subsequent prosecution by a district attorney or the attorney general. Those powers don’t lie with our agency.”

However, those prosecutions are rare, according to the man who wrote the Political Reform Act.

“The DA is usually dealing with murderers and burglars, and they leave the white collar stuff like this to the FPPC,” said Bob Stern, who is now president of the nonprofit Center for Governmental Studies in Santa Monica.

In addition to the personal checks, Bukowski failed to file four consecutive campaign statements or keep records necessary to make those statements and failed to file a statement of economic interest that would warn of any personal investments that could become a conflict of interest, the agreement states.

The case arose out of a referral to the FPPC from the Emeryville City Clerk, documents show.

Bukowski was unavailable for comment Monday afternoon.

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Printed from the East Bay Express Web site: http://www.eastbayexpress.com/blogs/east_bay_politician_gets_fined/Content?oid=1203258

East Bay Official Gets Fined September 29, 2009 The state Fair Political Practices Commission has fined Emeryville Vice Mayor Ken Bukowski $15,500 for violating California campaign finance rules. According to the Trib, the FPPC concluded that Bukowski used campaign funds for personal use. In 2008, he wrote checks totaling $2,300 to himself from his campaign account, and another $1,340 were made out to “cash.” It is illegal for a politician to use campaign donations to enrich himself. This is not the first time that Bukowski has had ethical or financial troubles. The city was sued last year after he struck and killed a pedestrian in 2007. In addition, the Express reported last year that he had failed to pay his city business taxes for four straight years. Bukowski, who was mayor of Emeryville in 2008, also had failed to pay his property taxes on time. Which raises the question: Did Bukowski use his campaign funds to pay his back taxes? — Robert Gammon

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Tom Franier, co-owner of Semifreddi’s Bakery; residents and friends attend farewell party, where the bakery served grilled sausage, baked beans, salads, home-brewed beer, and all the chocolate-dipped biscotti one could eat; and co-owner Mike Rose. “We had a good run in Emeryville,” said Franier. The beloved local artisan bakery is headed to Alameda after 25 years in Emeryville. The City Council majority, despite promises that they would help the business find a new location in Emeryville, failed to follow through and Semifreddi’s said it was forced to leave. Pixar is occupying the new space, having bought the building several years ago. Franier said he and his partner were never given an opportunity to make an offer on the building. (Click photos to enlarge).