Emeryville City Staff Deliberately Misled City Council on Arborist Report

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      Open letter to City Council says staff instructed “Parkside” developer to delete portions of arborist’s report City Council Members: Attached is the Staff Report you all received prior to voting to authorize the removal of 33 mature … Continue reading

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Quote of the Moment:

“Bike lanes, trees, old houses with character, interesting neighborhoods all attract the types of people who, in turn, tend to enhance the community.  Livable neighborhoods that include the above attributes (and more) are always cited in the ‘best places to live’ surveys.  When the developers and their money are gone and huge housing complexes, busy streets,  and cookie cutter businesses remain, something has been lost that cannot be replaced and your town becomes yet another anonymous, impersonal cityscape.  Think about it before its too late to preserve your town’s character.”

~ Carla Ennis, Emeryville Resident

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Saving the City’s Trees: Planning Commission Study Session Tonight

A eucalyptus tree at 1258 Ocean Avenue.

Calling all interested residents! There will be a study session during tonight’s Emeryville Planning Commission meeting to discuss the regulations and policies governing the city’s street trees.  The session, and public comment, is expected to begin about 8:30 PM. Emeryville Mayor Jennifer West, her husband, Adrian McGilly, and other residents plan to make statements. West and McGilly, who live with their two daughters at Doyle Street co-housing, opposed removal of mature street trees by the developer of an apartment/retail complex at Doyle and Powell streets.  With the city’s blessing, more than 40 trees, and an historic brick building, will be destroyed to make way for the “Parkside” development. West and McGilly argued that at least some of the trees could have been saved.

The planning commission will also consider a request by the owner of the property at 1258 Ocean Avenue to remove one street tree. The owner eventually wants to tear down the single-family house on the property and build “Ocean Lofts,” comprised of two detached 1,700 square-foot residential units. That item is second on the commission’s agenda. The meeting begins at 6:30 PM in City Council chambers, City Hall.

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Say Good-bye to Another Historic Building, and Lots and Lots of Trees

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“Bike lanes, trees, old houses with character, interesting neighborhoods all attract the types of people who, in turn, tend to enhance the community.  Livable neighborhoods that include the above attributes (and more) are always cited in the ‘best places to … Continue reading

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No Deal for Madison Marquette

Not in City’s Best Interest to Rush Sale; MM’s Exclusive Right to Develop Land Near Bay St Mall Expires Sept. 30

In a closed session last week, the Emeryville City Council decided not to sell the four acres north of Bay Street Mall to developer Madison Marquette (MM), concluding it was “not in the city’s best interest” to make the sale. After years of delay, MM was rushing to finalize a deal before its exclusive right to develop the land expired on Sept. 30.

Mayor Jennifer West said in an email that a “long range property management plan” will be developed as part of the process of dissolving redevelopment in the city. She said the City Council (as successor agency to the redevelopment agency) will decide probably sometime next year what it wants to do with the property. West said the Council’s decision does not preclude MM from purchasing the land at a later date. The Council did not decide whether to allow other developers to bid for the land, known as Bay Street Site B.

The Council’s decision officially ends MM’s exclusive hold on the land. Under a deal made between the city and MM back in 2005, MM had an “exclusive right to negotiate (ERN)” with the city to develop the land. MM is the developer of the Bay Street Mall, and has consistently argued that the less busy north end of the mall needs “anchor” retail and other development to attract more shoppers.

Council Member Ruth Atkin said MM’s plans for the property included a hotel (on vacant land which is part of the original Bay Street, known as Site A), and, on the new property, a six-story building(s) with retail on the first floor, parking on the second, and apartments (200 units) on the remaining four floors.

“MM acknowledged our concern about including family housing and said that 2- and 3-bedroom units would comprise about 12 percent of the housing,” said Atkin. “But they weren’t specific. Their plans were all very conceptual. They had figured out the parking, but nothing else.”

Over the past eight years, the City Council voted to extend MM’s ERN six times despite strong objections from residents who believed MM should provide community benefits in exchange for the ERN and generous subsidies from the city totaling well over $50 million. Some of the community benefits requested include a park or open space, affordable housing for families, and a local labor agreement. But MM has consistently ignored residents’ pleas and refused numerous requests by residents to meet with them.

The City’s Redevelopment Agency (comprised of the five City Council members), has spent years piecing together what is now Site B, including a railroad spur, and has spent tens of millions in taxpayer money to rid the site of toxic waste from heavy industry that had once occupied the site. It is now considered some of the most valuable real estate in the East Bay, and sits smack in the center of the city.
“I consider this land very precious, as it is in the heart of the city and is prime real estate,” said Mayor West. “What is the best use for it  — in terms of providing funds to the city over years to come, and giving the residents a place they value?
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City Budget: Revenue Up, Spending Down, But Cost of Losing Redevelopment Funds Still Unclear

Finance Committee Recommends Community Input on Priority Projects for Capital Improvement Pool

The Finance Committee took a close look at the economic state of the city at its meeting last month.  What did the quarterly figures show?  Eight of the top 10 budgeted revenue sources showed increases over last year.  Sales tax revenues were up 14 percent, hotel occupancy tax revenue up 18 percent, and business license tax revenue up 29 percent.  These are the three biggest income producers for the city, and increases here suggest at least a modest local recovery from the recession.  Only the two smallest revenue producers, fines and vehicle license fees, showed decline, the first down 4 percent, the second 7 percent. It’s too early to start cheering, but the tide of up-ticks in key areas is encouraging.

How about expenditures?  Taking the 12 categories of our spending in aggregate and comparing what was spent last year to the same time this year, we find a decrease in spending of about $1.5 million.  Revenue is up, expenditure down, and that helps explain why the city’s credit rating is excellent despite a considerable debt and the cost of financing it.

So, what’s to worry about?  Here in California we still don’t know exactly how the ending of redevelopment agencies will affect local communities, and that includes Emeryville.  The Finance Committee discussed a legal summary of AB 1484, the so-called “Redevelopment Dissolution/Unwind Trailer Bill” – the June 27, 2012 measure designed to speed up transfer of redevelopment agency assets to the state.  It was not an easy read, and what price we may have to pay locally to meet its complex requirements is not clear.  Add continuing uncertainties about the national and global economies and legitimate concerns still abound.

What to do until the dust settles?  The Finance Committee is recommending that we take advantage of the present favorable income to expenditure balance and any future tilts of this sort to build a capital improvement pool for projects that will help keep the city vibrant.  We are also recommending that staff and the City Council develop a priority ranking for projects that might draw on such a pool.  Community input on such a ranking is vital.  Look for chances to have a say.

I’ll close with brief comment on the departure of Karen Reid, the city’s Treasurer and Chief Financial Officer.  She has left the city after 14 years of distinguished service to take a comparable job in Benicia, and those of us who have had a chance to work with her will miss her expertise.  A search for her permanent replacement is underway.  In the meantime, Debra Auker, an experienced financial officer most recently employed by the city of Oakland, is holding the fort.  The Finance Committee met her for the first time at our August 20 meeting and found her reporting clear and her answers to questions concrete and informed.

Bill Reuter is Resident Member and Chair of the Finance Committee, City of Emeryville.

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“Parkside” Developer Will Cut Trees in Violation of City Ordinance, Resident Says

33 of these trees will be removed to make way for a park, a parking lot, and an apartment/retail building.

Below is a follow-up article by Adrian McGilly to a letter he sent yesterday to City Planning Director Charles Bryant. The letter, which was printed in The Secret News, asks the City to save some of the mature trees on the future site of an apartment/retail development – that also includes a park – on Stanford between Doyle and Hollis streets. The plan is to cut down 33 mature trees. McGilly is joined in his plea by his wife, Emeryville Mayor Jennifer West, who could not vote on any aspect of the new development because she lives a block away.

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I got a response from Mr. Bryant. He assured me that the park design went through all the proper public noticing and hearing processes, that everyone had ample opportunity to weigh in on the fate of these trees, that not very many people did, and that now it’s too late because wheels have been set in motion. It was a very thorough, detailed and respectful response and I am grateful to Mr. Bryant for his time and attention.

But that’s not the end of the story.

There is an Urban Forestry Ordinance (UFO) in this city that includes provisions that protect trees on city property from various threats. For example, one of those provisions is that anyone wanting to remove a city tree must apply for a permit, and the city must post a notice ON THE TREE stating that the tree is slated for removal, giving citizens a chance to weigh in. Obviously, if those signs had been posted on the trees, more people would have taken notice, and more people would have spoken up. That provision was put in the UFO precisely to draw extra attention to the potential destruction of trees, so that more citizens are aware of the threat.

But that was never done. Here’s why:

The city is exempt from the UFO provisions. In other words if the city wants to cut down its own trees, it can do it without having to follow the UFO provisions. And the City claims that in this case it is the City that is cutting down its own trees, so it can do what it wants.

But that’s where the city is making a mistake. This claim would not stand up in court. Here’s why:

It is true that the city is exempt from its own UFO. But it is NOT the City that is cutting down the trees. It is Archstone, the developer. The City is saying to Archstone “If you want to build your building, you need to build this park”.  Archstone is voluntarily saying yes to this offer. The city is not forcing them to build the park, it is simply saying “If you want to build you building, we want a park in return.” So in the eyes of the law, it is Archstone that is cutting down the trees, and Archstone is NOT exempt from the UFO. Therefore the process that has been followed has been in violation of the UFO and the destruction of the trees must not proceed until Archstone comes into compliance with the UFO. I have run this legal analysis by several lawyers and they all agree.

If the City had wanted to legally sidestep the UFO, it would have had to explicitly grant Archstone an exemption from the UFO, and that would have had to go to the City Council for a vote. That never happened.

I have brought this point up with Mayor West who agreed to bring it to the attention of the City Attorney. I am hopeful that together they will come to the conclusion that there is enough doubt as to the legality of the tree removal to warrant putting a halt to it until the city council has an opportunity to review the matter.

Adrian McGilly
(McGilly, West, and their two daughters live at Doyle Street Co-housing.)

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Resident’s Plea to City Planning Dir. Charles Bryant: “Save Some of the Trees … That is all I am Asking”

Below is a letter sent today to Emeryville Planning Director Charles Bryant from Adrian McGilly, who lives with his wife (Emeryville Mayor Jennifer West) and two daughters at Doyle Street Co-housing. McGilly, West, and their neighbor Judy Timmel appeared on KTVU news last night to protest the city’s plan to cut down 33 mature street trees to make room for an apartment/retail development, including a park, on Stanford between Hollis and Doyle streets. These residents are asking the city to preserve some of the trees. Mayor West, who is not allowed to vote on any aspect of the development, known as “Parkside”, because she lives a block away, has noted previously in her blog, “I find it surprising that the park could not be designed to incorporate and enhance the mature trees that are already on the site. When I look at the project, I see that some of the trees … might have been retained with careful planning. If the developer and architect don’t value the trees … at least the city council should …”

For a previous Secret News story on the planned tree cutting at Parkside, click here.

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To see last night’s KTVU newscast, click here.

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33 of these trees will be removed to make way for a park, a parking lot, and an apartment/retail building.

Subject: Your comments on KTVU

Mr. Bryant,

Thank you for taking the time to talk to KTVU about the tree issue. You defended the plan to remove the mature trees on the grounds that “it will be a big improvement” and “in the end there will probably be more trees than there were before.”

It’s not just about the number of trees. It’s about letting trees GROW here and add majesty (and shade, and oxygen, and property value) to our neighborhoods.

The park can easily accommodate some of the trees without compromising the goals of the project. For example, trees 2 thru 11 are all on the list of good-to-moderate suitability for preservation. Four of those are in the ‘good’ category. Some of those could and should stay. To me, it is extremely short-sighted to remove these mature trees just to satisfy some design aesthetic about straight rows and uninterrupted spaces. It’s a park! Let it reflect nature! Let it lack symmetry and linearity. The dogs won’t mind. People won’t get lost in the park if the trees don’t all line up.

I find that the city has been very ‘hands-off’ about these trees. The staff report includes an arborist report from Hortscience that says it was performed “for Archstone”. Why is the developer allowed to hire the arborist to determine the fate of trees that are on city property?! And where is the report from the city’s own arborist? It certainly gives the appearance of the wolves guarding the henhouse.

Why was this report even commissioned? At whose behest? As Mayor West pointed out to you the other day, the report is woefully inadequate, even by the arborist’s own standards as stated in the introduction. (It didn’t meet the city’s own Urban Forestry Ordinance (UFO) standards by a long shot, and although the city is exempt from the UFO, shouldn’t the city at least make an effort to abide by it, if only to set a good example?) It didn’t provide an appraised value of the trees, nor did it provide “guidelines for tree preservation during the design, construction and maintenance phases of development” despite claiming it will do so right on page 4. It just says that despite 31 of the trees having good-to-moderate suitability for preservation, based on the design, the trees all have to go. No explanation as to why, or what measures might be taken to mitigate. What is the point of that? Why was that report deemed acceptable?  It just looks like a symbolic gesture by Archstone to justify the destruction of the trees. We all know that working around those trees is an added cost and inconvenience to Archstone. That’s why you don’t let Archstone hire the arborist.

I urge you to look at the design again and try to find a way to save some of trees 2 through 11 in the park section. That is all I am asking.

Have you ever walked or driven down some of the streets in Piedmont or North Berkeley where there is a gorgeous canopy of tall trees forming a majestic arch over the street?  Or walked in Golden Gate Park where tall trees provide shade and an escape from urban monotony?  When I’m in such places, I think to myself, “Wow, the people living here 40 years ago really cared about this place. They were really thinking ahead. They were really doing a big favor to future generations of residents and property owners by providing a veritable forest right here in the city.” And I am grateful and in awe of those forward-looking people.

Do you not share that sentiment? Do you not want to be held in awe 20 years hence for protecting the investment your predecessors made in these trees some 20 years ago?

I would welcome the opportunity to discuss these issues with you in person. Feel free to call me anytime. I work just 3 minutes away from City Hall.

Adrian McGilly

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Buy Local: Never Too Old! Find Your Inner Monkey at The Athletic PlayGround

“I thought maybe I could get a little fitter, and do some cartwheels.”

These were the modest ambitions of Zach Fischer, 27, when he joined Athletic PlayGround in Emeryville a few years ago.  But Fischer shocked himself.

“I can do a backflip now. And that is something I never thought I could do. I thought I’d missed my window of possibility long ago, when I was a kid.”

Fischer has even started teaching an acrobatics class at Athletic PlayGround.

Athletic PlayGround draws its inspiration from the circus, and provides a place where people discover “they can do things they never thought they could do,” says David Grace, who started Athletic PlayGround in 2008 with Shira Yaziv. And like the circus, the atmosphere is playful, high energy, and, well, alittle wacky. One member often dances around the gym between rigorous sets of strength and balance exercise. Two others always appear with colorful, mismatched striped socks. And there are monkeys everywhere – monkey toys, monkey murals, and humans doing monkey-like things.

“Monkeys are very strong … and very playful!,” says Grace, adding that the gym offers Monkey Conditioning classes every day of the week.

In addition to weekly classes, Athletic PlayGround offers specialized workshops every month, including in Acrobatics, AcroBalance, Acroyoga, Aerials (fabric and trapeze), Breakdance/Hip-Hop, Flexibility, Handstands, Hooping, Partner Flips, Parkour, and Monkey Conditioning. Each day’s schedule includes periods of “Open Play” which allow for a diverse range of activity. Non-member drop-ins are welcome at most classes.

Rachel Baker joined because she “fell in love with the idea of creating a safe place for adults to come and play, harnessing their childlike energy, freedom, and happiness through movement with other people.”

Now she teaches three classes, including Monkey Conditioning. Her class includes an array of “critter” movements: “bear, elephant, bunny, froggie, inchworm, chicken, crab, badger, cat, waterbug and more.” There’s also “regular chicken” and, not for the faint of heart, “hungry, super-sexy chicken.”

Longtime member Ben Williams comes regularly during Open Play periods, training on hand balancing, handstand presses, and gymnastics strength skills. He loves the camaraderie, and values sharing the space with others who are training on a variety of “bodyweight skills” like breakdancing, tumbling, or working on aerial silks.

“I get energy from being around these people—people exploring movement authentically,” Williams says. Although his “Never Thought I Could Do It” list is impressive (a one-minute handstand, aerial cartwheel, back handspring – all after the age of 36), he notes that Athletic PlayGround “isn’t intimidating like some other places. It’s not hard-core. During ‘Open Play’ or Acrobatics class, you’re going to get instruction that’s geared towards success. If you just want to do a somersault, that’s great; if you want to learn straddle-press to handstand or back tuck, you can learn that too. There’s something for everyone.”

In addition to offering classes and workshops, Athletic PlayGround hosts free “Park Days” for the community to come together to play and eat outside, as well as occasional PlayGround Parties with dancing, open play, and performances put on by members and teachers. For children and teens, there are afterschool classes and summer camps.

Athletic PlayGround is located at 4770 San Pablo Ave (at 48th Street) Suite E, Emeryville, CA 94608.

For more information, go to www.athleticplayground.com , join Athletic PlayGround on facebook, or call (510) 355-1626. Check out some of the action on YouTube:

Aerials

Hooping

Parkour

Handstands

Monkey Conditioning

Zach Pine likes his whole-body workouts at Athletic Playground– smile muscles included. He also organizes a weekly informal contact improvisation jam during Open Play time at the Playground. Zach lives in Berkeley.

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Two Emeryville Shootings Leave One Man Hospitalized

By Sean Maher
Contra Costa Times
Posted:   07/27/2012 09:19:10 AM PDT

EMERYVILLE — Police are searching for suspects in two unrelated reports of gunfire overnight, including a shooting that left one man hospitalized.

In the first shooting, about 7:15 p.m. Thursday, police got several calls reporting gunshots near 63rd and Vallejo streets, about two blocks west of San Pablo Avenue’s Golden Gate Playground.

Nearby, in the 6200 block of Doyle Street, officers found a man in his 20s who had been shot, Emeryville police Cmdr. Jeannie Quan said.

Detectives believe the victim was standing with a group of men in that area when at least one suspect approached on foot, opened fire, then got into a black sedan and sped off, Quan said.

The majority of witnesses to the shooting are cooperating, she added, though no suspects were in custody Friday afternoon.

The victim was taken to a hospital and stabilized.

Five hours later, about 2:15 a.m. Friday, police believe gunfire ended a chase and standoff between multiple cars, Quan said.

The incident began in Oakland when a black Mercedes clipped a pedestrian in a hit-and-run as it pulled onto Interstate 880 at Seventh Street, according to police.

An Acura pulled onto the freeway behind the Mercedes, apparently chasing it, Quan said. The two cars sped along northbound on I-880, hitting each other as the Mercedes tried to escape, pulling off the freeway in Emeryville and finally crashing at 64th and Shellmound streets, Quan said.

The Acura crashed through some bushes and a fence and came to a stop, she said. At that point, someone in a third vehicle — a white Chrysler — opened fire, shooting five or six shots before speeding away, Quan said.

It was not clear how the Chrysler had become involved, she said.

Nobody was reported injured in the shooting and there were no suspects in custody Friday, Quan said.

Anyone with information on either shooting is asked to call investigators at 510-596-3731.

Contact Sean Maher at 925-943-8013. Follow him on Twitter at twitter.com/OneSeanMaher.

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