The Secret News

The Bad News: Fricke Will Not Seek Re-election to City Council

The Good News: New Park, New Cafe, and New Berkeley Bowl Open

(Email message sent to residents by John Fricke on July 1, 2009)

Dear Emeryville neighbors,

The play structure at the new park at 61st and Doyle streets is open! (The newly-planted grass will need additional time to get established before the central grassy area of the park opens as well.)

There is a new café on 65th Street at Vallejo called Bailey’s on 65th. It is open for breakfast and lunch on weekdays. I had a great lunch there today with Jim Martin. Here are some reviews:
http://www.yelp.com/biz/baileys-on-65th-emeryville

The new Berkeley Bowl opened a few weeks ago. It is at Ninth Street and Heinz Avenue, near Orchard Supply and Ecole Bilingue de Berkeley. Unfortunately, Berkeley’s connection to Emeryville’s greenway seems to be years from realization.

My city council term is ending this fall, and I will not be running for re-election.

Four years ago, I ran on a platform of improving access for pedestrians, bicycles, and public transit users. When I was sworn in, I called for a new model of growth in Emeryville. A model of growth that ‘emphasizes quality of life as well as economic vitality, that emphasizes pedestrian and bicycle access as well as reduced vehicle congestion, and that emphasizes fulfilling our community needs as well as providing a place for regional retail activity.’ In four years’ time, I can point to a limited number of results: the bike lane on Adeline Street, the lane reductions on the 40th Street Bridge, and the park that is soon to open. I look forward to continuing to work on a number of ongoing efforts until my term ends in November.

Best,

John

John Fricke
jfricke@JohnFricke.com
www.JohnFricke.com

Big Business Needs to Pay Their Share

by Scott Donahue

Our city must raise more money to support the general fund because sales tax revenue
has severely declined. Where is this money going to come from? Every city has a business license tax and every business in Emeryville earning more than $5,000 in gross receipts must pay this tax. Businesses pay a percentage of their gross receipts whether they earn a profit or not.

There is, however, an exception: big business.

Big business in Emeryville is required to pay tax only on the first $3 million of gross receipts. The rest is entirely tax-free. Why is this? Why should small business pay proportionally so much more than big business? Emeryville has among the lowest business tax rates of any city in the Bay Area. The city council majority has always argued that it must provide incentives to big business so as not to lose them to other cities. This is absurd. Emeryville is among the most desirable places to do business in the Bay Area. We have the ability to collect taxes in a more equitable way. If big business were to pay what small business pays our general fund would gain much needed revenue.

I believe we could easily raise our overall business tax rate and not lose business to other
cities. I pay taxes to other cities where I do business, and all of them have significantly higher tax rates than Emeryville.

Scott Donahue is a 32- year resident and business owner in Emeryville. He chairs the city’s Bicycle and Pedestrian Committee, whose members are appointed annually by the City Council.

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.

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

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.

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.

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.

(l to r) Council members Ruth Atkin, Dick Kassis (mayor), Nora Davis, Ken Bukowski (vice-mayor), and John Fricke

The Two “No” Votes:
Bukowski Cries “Revenge”;
John Fricke Calls Censure “Toothless”
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Council Also Votes to Cut Public Comment Period from 5 minutes to 3 minutes

by Brian Donahue and Tracy Schroth

The Emeryville City Council last Tuesday voted 3-2 to officially censure Vice-Mayor Ken Bukowski for unlawful and unethical conduct while in office. The strongly worded resolution criticized Bukowski for bringing “disrepute” on the city in general and the City Council in particular. The censure sought to publicly condemn Bukowski’s actions and invite “the reaffirmation of his oath of office and commitment to govern his activities as an elected official … in full compliance with … all laws of the State of California and the City of Emeryville.”

Bukowski and Council Member John Fricke voted against the censure. Bukowski characterized the move as revenge, while Fricke called it a “toothless” show for the cameras, noting that aside from public humliation, there is no consequence. He noted that the three Bukowski condemners were enthusiastic Bukowski supporters just a few short years ago, despite their knowledge of Bukowski’s transgressions (although the list has grown since then). Council members Nora Davis and Ruth Atkin ran on the same re-election slate with Bukowski, with the active support of (now-Mayor) Dick Kassis, in 2007.

Bukowski, meanwhile, characterized the censure as an act of revenge, claiming that his fellow council members were punishing him for voting against the city renewing its contract with City Attorney Mike Biddle.

This is the second time the Bukowski censure resolution has been put to a vote. Council Member Ruth Atkin introduced the same resolution at a Jan. 20 Council meeting. But, after a lengthy discussion, she withdrew it, preventing a vote. At the time, Council Member Nora Davis indicated she was against the censure and that Bukowski had served the city well. Last Tuesday, however, she voted in favor of censuring Bukowski.

In other business, the Council voted 4-1 (Fricke against) to reduce the public comment period from 5 minutes to 3 minutes per citizen. They also voted to ban dogs from the council chambers.

Here is a list of Bukowski’s offenses cited in the resolution:

• Failure to pay business license tax on his Doyle Street rental property.
• Disclosure to the public of confidential closed-session items discussed by the City Council. There is speculation that the disclosure had to do with the firing of a city staffer who alleged that the firing was racially motivated. Bukowski sided with the employee, publicly criticizing the handling of the case by then City Manager John Flores and City Attorney Mike Biddle. The city ultimately settled the case for $3.6 million.
• Failure to file the necessary campaign finance reports between October 2003 and 2006, “despite repeated reminders and requests from the City Clerk’s Office and referral to the Fair Political Practices Commission.” Bukowski has since been fined by the Fair Political Practices Commission, according to the resolution.
• Soliciting and obtaining personal loans from individuals that exceed limits and terms set by the Political Reform Act and not repaying at least one of those loans. It was disclosed at a public meeting several months ago that Bukowski received a loan from Emeryville developer Francis Collins.
  
• Entering into a consulting contract with Paxio, Inc., an Internet service provider that also has a contract with the city to supply services, and failing to disclose that consulting agreement to his fellow City Council members.
  
• Participating in and influencing decisions of the City Council regarding Paxio while on Paxio’s payroll.

Bukowski has “flouted and violated the law governing his activities as a local business owner and as a member of the office of the City Council on several occasions,” the resolution said, noting that “these violations are not limited to an isolated incident and have brought disrepute to the City of Emeryville” and the City Council. The resolution went on to say that the Council has “grown weary of Council Member Bukowski’s pattern of violating the law, followed by promises of reform once violations have been publicly exposed, and thereafter followed by further violations after some period of relatively ‘good behavior’ … “

Where Is Center?

by Joe Chambers

Where is the center of Emeryville? What constitutes a center? As my girlfriend, Luana, and I made our awkward walk home to 62nd and Hollis from Trader Joe’s, groceries in hand, we argued about exactly where the center of Emeryville lies. Unclear whether Emeryville’s main attraction, IKEA, constituted its center, I looked down at the sprawling vacant lot next to Bay Street Mall (a.k.a. Site B) as I crossed the Powell Street bridge.

The development planned for Site B is essentially an extension of the Bay Street mall. The list of what will occupy the site has an all-too-familiar ring: condos, high-rise hotel, and more retail. It’s more of what has come to characterize the city – attractions for the short-term visitor. What struck me, and probably the developers too, was the important central location of this site.

To me, this lot in and around Powell Street represents the heart of Emeryville. Not only is it the main access point to all the stores and freeways, but it allows our neighbors to the east to cross quickly into the main shopping district and onto the highway. Unfortunately, a car is necessary to make that trip. (Even from my home at 62nd and Hollis, I often consider driving as the most practical option.) Upon entering Emeryville, visitors must find parking, consume their goods, and then navigate the city’s convoluted web of one-way streets and heavy traffic to find the road home. There is no place for shoppers to rest, talk, read, or think long enough to consider that there might be something to do in Emeryville other than shop. Where is our communal meeting place? Must it all revolve around retail? I believe a city is made by a central public space that attracts visitors, employees, and residents alike. Site B could be that place. Take Union Square in San Francisco or Union Square in New York City – they both provide a gathering space where people can eat lunch, talk on the phone, or arrange to meet someone. If we had a place to collect ourselves, we could decide where to go next or whether to stay longer.

The Bay Street mall businesses would benefit from such a place. Visitors might stay longer, shop more or eat at a restaurant. As it stands now, people do their shopping, get exhausted, and go home. This transience will continue until the City finds its soul – becoming less retail park and more of a cosmopolitan city. If people could access this central location from a variety of directions, and without a car, Emeryville could have a community of residents from Emeryville, Berkeley and Oakland, who want to spend quality time in our city’s “downtown.”
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Joe Chambers has lived and worked in Emeryville for the past 4 years. He is a local Emeryville artist whose emphasis is in architecture and city planning. His concern with the state of Emeryville is the lack of social and cultural attention the city provides its residents.