THE SECRET NEWS

noreply@blogger.com (THE SECRET NEWS) — Sun, 29 May 2011 17:02:00 +0000

The Secret News Has Moved!

Please check out the new and improved Secret News!! And tell us what you think by emailing secretnewsonline@gmail.com

While our mission remains the same, we’ve changed our format to accommodate more variety, higher volume, and easier navigation. Note category headings at the top of the home page, which for the time being cover all the topics we will be writing about -- education, business, arts/culture, and City Hall. Watch for upcoming events in our calendar, and let us know if you have one to add.

In addition to news, features, opinion and commentary, we will offer still more opinion and commentary by way of regular columnists:

Jim Thornton (“How We Cook”), who uses power tools and power mixers with equal precision and makes the best pizza on 63rd Street. (See his debut column in this issue, including an excellent recipe.)
Greg Harper (“Missives and Misgivings"), AC Transit Board member, former Emeryvillle mayor, and co-founder of the Emeryville Artists’ Cooperative. He's also a lawyer.
Tracy Schroth (“Whine and Dine"), editor of the Secret News and member of RULE (Residents United for a Liveable Emeryville) who loves to discuss the latest exploits of our city council majority over a good (or even bad) cup of coffee or meal. This is a column about local places to eat, drink, shop, exercise, get a cheap (legal) massage, etc. -- and what's particularly good (or even bad) about them.
Ruth Major ("Children Matter"), whose column debuts this issue. An expert in early education and infant family mental health will write about early childhood development and related issues she is passionate about. She has been known to recruit volunteers to tutor and otherwise support the cause of helping children succeed in school. (And, last time she checked, was among the last three surviving British socialists.)

Featured in this issue are also Secret News contributors Bill Reuter, Ruth's husband and an emeritus professor of history at Cal State, East Bay; and Stephanie Prueger, a specialist in environmental marketing and communications who often writes about "green" success stories.

We hope to be a source of fun, interesting, and important news. But the Secret News exists to build community, give a voice to Emeryville residents often ignored by the people in power, and to hold that power to account.

www.thesecretnewsonline.com

Court Rejects Woodfin Demand

noreply@blogger.com (THE SECRET NEWS) — Sun, 04 Apr 2010 02:38:00 +0000

By Marc Albert

A California appeals court rejected a demand by the Woodfin Suites Hotel that Emeryville taxpayers pay the hotel's growing legal fees.

The hotel company, owned and operated by Sam Hardage, a Republican Party activist from San Diego, has fought the city's living wage ordinance for hotel workers since before it was codified.

The ordinance, Measure C, was approved by Emeryville voters in November 2005. While other hotel operators, including Sheraton 4 Points, Courtyard by Marriott and Holiday Inn (now Hilton) have complied fully with the law, Mr. Hardage, Woodfin's owner has stubbornly refused. Hotel workers have faced a string of retaliatory actions, including summary firings. Woodfin has instead launched a string of lawsuits to avoid paying back wages to the workers and seeking to have the measure overturned.

One of the hotel's lawsuits sought to force city taxpayers to reimburse the company for its recalcitrant legal strategy. That suit was rejected. An appeal of that decision was rejected in an 11 page decision by the Court of Appeal of the State of California, First Appellate District on March 15.

You can read the entire document by following this link to a pdf file

Gun 'Nuts' Reload for Showdown Tuesday

noreply@blogger.com (THE SECRET NEWS) — Sun, 04 Apr 2010 02:34:00 +0000

By Brian Donahue

They're Going To Have Every Council Member Removed

High noon will come at precisely 7:15 P.M. Tuesday. That's when the final showdown is scheduled in an epic battle pitting the National Rifle Association, an organization devoted to preserving one of our Constitutionally guaranteed rights, versus the Emeryville city council, a group hell bent on eviscerating that right.

At least that's how NRA members are characterizing the proposed gun store ordinance. The city council, for its part, sees a set of reasonable and rationed regulations similar to rules applied to other businesses. The regulations have the backing of the City Attorney and the Chief of Police.

The proposed ordinance forbids those under age 18 from going inside any store selling firearms in Emeryville, requires criminal background checks of store employees and other limited regulations. Residents at a March 16th council meeting on the subject called the proposed ordinance 'benign' and 'reasonable.' At the same meeting, gun rights advocates chastised the proposal as 'invasive' and 'draconian,' a 'government usurpation of Second Amendment rights.'

The council's second and final reading of the ordinance is scheduled for Tuesday night April 6th. Gun lovers have promised to double their numbers from the first reading (see the Tattler story on March 16). Firearms enthusiasts have threatened, if the council goes through with the ordinance, to unseat every one of our council members either by recall or by getting pro-NRA candidates to replace them in future elections.

The city council will take up the issue at 7:15 Tuesday night.

Argentine Barbecue Comes to Emeryville

noreply@blogger.com (THE SECRET NEWS) — Thu, 25 Mar 2010 01:15:00 +0000

Blogs

(Reprinted from SF Weekly Blog "Sfoodie")

Argentine Asador Primo's Parilla Fires Up Grill in Emeryville

By John Birdsall, SFoodie Editor, Tuesday, Mar. 23 2010 @ 12:38PM

Categories: Pavement Cuisine

Nice grill: Javier Sandes and his mobile barbecue.

Emeryville added another mobile food vendor to its growing fleet today with the rollout of Argentine grill Primo's Parilla. Argentina-born Javier Sandes grills what his press release calls "free-range chicken and grass fed tri-tip" over almond wood and mesquite, on a transportable grill that ― duh ― stands apart from his panel truck. Sandes has been doing his slow-grilled Argentine asador thing for Oakland parties, apparently, serving it up with traditional chimichurri. He launched about an hour ago at 62nd Street and Doyle in the East Bay city ― follow Primo's Parilla's tweets for location updates.

Follow us on Twitter: @SFoodie

OPINION

noreply@blogger.com (THE SECRET NEWS) — Thu, 11 Mar 2010 02:11:00 +0000

It's Only Money, Honey (You Got It, I Want It)

By Liz Altieri

“The Proposed Budget is premised on the long-term budget philosophy of the City Council and Redevelopment Agency. This budget philosophy includes the following major principles, which are elaborated below:

... Current year expenditures should be supported by current year revenues. One time revenues should not be used for ongoing costs, but should instead be used for necessary one-time expenditures or to strengthen fund reserves ...

... The operating costs of any planned capital improvement should be estimated in the planning stage, so that these amounts can be recognized and budgeted.”

Patrick O’Keeffe, City Manager
Budget Presentation to the City Council
April 30, 2008

So what happened? How could the City of Emeryville need $1.2 million per year in a new special assessment for lights and park maintenance (LLAD)? In fact, the City did budget for these expenses – but with this new tax, those funds can be moved to fill another hole.

The problem is not so much that revenues are down from projections. Even if projections had been attained there would still be a “structural imbalance”. This new $1.2 million is merely a band-aid on a gaping wound caused by built-in skyrocketing employee expenses versus a revenue base that even in the good times can only grow so much.

Say that again? Even if revenues had attained projections there would still be a future shortfall.

The City has a remaining “rainy day fund” of about $3.8 million; they dipped into it for the current fiscal year’s “structural imbalance” to the tune of about $780,000.

So what’s a mother to do? You spend more than you take home. You still have savings in the bank. You need to buy time to work out a new plan – learn a new skill, take a second job, figure out how you are going to make the next payment. YOU USE YOUR SAVINGS. Yes, savings will run out. But it is a lot harder to renegotiate that mortgage with the bank when you have enough funds to pay it for the next year and a half. THE TAXPAYERS ARE THE CITY’S BANK.

But “we have too great an investment in this infrastructure to let it go to the dogs” [paraphrasing Councilmember Nora Davis at the Feb. 16, 2010 Council Meeting].

When asked how much of the $1.2 million would go to “light bulbs and sod”, the Finance Director replied “about 30%” - that’s $360,000. The rest is labor. Well, here is a novel idea: Will the neighbors really let the parks get overgrown? How about “Adopt a Park”? Volunteer to pick up litter, mow the lawn, and empty garbage cans. Better yet, organize students from the schools to help – maybe for community service credits?

We don’t need to be threatened by City Hall. We don’t need to pay for their unsustainable expense curve. Use the rainy day fund for one more year (hello…it’s raining), and sharpen your pencils. Cut staff payroll, shut down City Hall one day a month. You know this LLAD is just a band-aid – we are not STUPID.

On March 16, the Council will vote on whether or not to go forward with this new tax. They will have the ballots printed and “information letters” ready to explain to the complacent public the dire consequences of failure to cough up more tax dollars. They are in quite a rush to get this done - their time table shows pushing out the ballot just days after the vote, and ballot tabulations mere weeks afterwards in order to slap this assessment on the County rolls in time for the December tax collections.

City Hall appears to have great confidence that even if Joe and Jane Public say “No”, the business owners will carry the day. Get proactive – send a letter (or e-mail) to Wareham , Bay Street , Pixar, and Novartis – ask them to stand up to a fiscally irresponsible City government and make THEM fix this problem without further public subsidy.

Nobody wants more taxes right now. These times are too dire. Everybody should want this government to quit whining, put their hands back in their pockets, and tighten their belts. On this issue, both businesses and residents can unite.

It’s real easy to spend other people’s money.

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

A Long-Term Solution to Emeryville's Budget Shortfall

noreply@blogger.com (THE SECRET NEWS) — Fri, 05 Mar 2010 23:33:00 +0000

Modest Increase in City's Business License Tax Cap
Could Close Projected Budget Shortfalls for Next Two Years

By Brian W. Carver

Background
In a memorandum dated March 2, 2010 from the Emeryville Finance Department entitled "Budget Planning Discussions FY 2010-11 and FY 2011-12," (hereinafter, "Budget Planning Memo") a preliminary estimate of the budget gap was provided as follows:

"The projected budget gap for FY 2010-11 and FY 2011-12 is $1.66 million and $1.42 million respectively. " (Budget Planning Memo at p.7)."

City staff reported on the various city departments and their staffing levels, noting that many departments already have positions frozen and wrote:

"The City can reduce the number of FTEs in various departments with a
corresponding reduction of services to the community. The organization
already has a lean staffing level. We cannot do more with less or even
the same for less. " (Budget Planning Memo at p. 8) (emphasis added).

At a Special Meeting of the Emeryville City Council held on June 6, 2009 a sensible solution to the City's budget shortfalls involving examining alternative structures for the City's Business License Fee was briefly discussed, but fully exploring this option was ultimately postponed. The Council believed the proposal was an idea worthy of later study, but the Council at that time lacked a careful study of such alternatives and decided to proceed solely with an increased Card Room tax.1

This Memorandum presents such a study of the Business License Fees for every incorporated city in Alameda County and demonstrates that of those cities utilizing a gross receipts method of calculating their Business License Fees, EMERYVILLE IS THE ONLY CITY IN ALAMEDA COUNTY THAT PLACES A CAP ON THE MAXIMUM BUSINESS LICENSE FEE THAT IS OWED BY BUSINESSES.

This Memorandum then proposes that even without eliminating Emeryville's one-of-a-kind cap on Business License Fees, but instead with merely a modest increase in that cap from the 2010 cap of $115,774.03 to a cap of $400,000, an additional $1,705,355.82 in revenue could be generated annually, completely eliminating the projected budget gaps for FY 2010-11 and FY 2011-12 and even providing a modest surplus that could be utilized towards restoring some currently frozen staff positions. This change would only affect those businesses located in Emeryville whose gross receipts are greater than $144.7 million annually, thus no small business would be affected. The entire proposed Business License Fee amounts to less than one third of a day's gross receipts for those businesses affected.

Discussion
Business License Fees in Emeryville
Every business operating in Emeryville is required to have a Business License. Businesses calculate their Business License Renewal Fee by multiplying their gross receipts times 0.0008 (and adding a $10 renewal fee). This rate can also be expressed as $0.80 for each $1,000 of gross receipts.2

Emeryville is unique within Alameda County by having a cap on the maximum Business License Fee that a business utilizing a gross receipts method of calculation will owe. Emeryville's 2010 maximum Business License Fee is $115,774.03. Emeryville's Business Licenses Cashier indicated that currently approximately five (5) to seven (7) businesses in Emeryville pay the maximum fee.

Methods of Calculating Business License Fees
Emeryville utilizes a "gross receipts" method of calculating Business License Fees for most businesses. This method is common throughout Alameda County. However, many cities have a more complicated scheme through which businesses in different industries pay at a different rate of gross receipts depending on their industry type. Also, in many cities, some industries have their Business License Fee calculated through a non-gross receipts method, such as number of employees, or for taxicab services and delivery trucks, based upon number of vehicles used. For example, Emeryville bases this fee on square footage for businesses in the "Storage and Warehouse" category, but most other businesses in Emeryville utilize the gross receipts method of calculation. Thus, in order for the following comparisons to be most relevant to Emeryville's situation, this memorandum focuses on those Business License Fees that are calculated using the gross receipts method and on businesses within the given city in commercial space as opposed to home-based businesses, which occasionally are subject to different rates or methods of calculation.

BUSINESS LICENSE FEES IN OTHER ALAMEDA COUNTY CITIES
Alameda The City of Alameda utilizes a gross receipts method of calculating Business License Fees for businesses engaged in what it calls: Retail and Wholesale, Professional & Semi-professional, Bowling alley, Billiard/Pool room, Business Services, Theaters/Drive-ins, Vending Machines, and Manufacturing at a rate of $0.40 per $1,000 of annual gross receipts.3
The City of Alameda does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.4

Albany
The City of Albany only utilizes a gross receipts method of calculating Business License Fees for businesses providing utility service, defined as telephone, telegraph, gas and electric service at a rate of $1.00 per $1,000 of annual gross receipts.5 The City of Albany does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.6

Berkeley
The City of Berkeley utilizes a gross receipts method of calculating Business License Fees for
businesses engaged in what it calls: Business, Personal & Repair Services ($1.80), Construction or Contractor ($1.80), Entertainment/Recreation ($4.50), Grocer (retail or wholesale) ($0.60), Miscellaneous ($2.40), Motor Vehicle Sales ($1.20), Private Recycling Refuse Haulers ($1.80), Private Refuse Haulers ($1.50), Professional – Semiprofessional ($3.60), Rental of Real Property ($10.81), Retail and Wholesale Trade ($1.20) at the parenthetically-indicated rates per $1,000 of annual gross receipts.7 The City of Berkeley does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.8

Dublin
The City of Dublin does not utilize a gross receipts method of calculating Business License Fees.9 For this and other reasons suitable comparisons with Dublin are not obtainable.

Fremont
The City of Fremont utilizes a gross receipts method of calculating Business License Fees for
businesses engaged in what it calls: Retail Sales ($0.25), Service ($1.00), Rental Property ($1.30), Construction ($0.10) at the parenthetically-indicated rates per $1,000 of annual gross receipts.10 The City of Fremont does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.11

Hayward
The City of Hayward utilizes a gross receipts method of calculating Business License Fees for
businesses engaged in what it calls: Cleaning, Laundering, Dyeing, Pressing or Repairing, ($1.07), Bowling Alleys ($2.00), Professional – Semi-Professional Connected Business ($1.33), Wholesale Sales, Retail Merchants, Jobbers, Class I ($0.11), Retail Merchants, Jobbers, Other Businesses ($0.27) at the parenthetically-indicated rates per $1,000 of annual gross receipts.12 The City of Hayward does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.13

Livermore
The City of Livermore utilizes a gross receipts method of calculating Business License Fees for
businesses engaged in what it calls: Grocer ($0.50), Motor Vehicle Sales ($0.50), Licensed Contractor ($0.80), Manufacturing ($0.80), Recreation & Entertainment ($0.80), Retail ($0.80), Wholesale ($0.80), Utilities ($0.80), and Warehouse & Storage ($0.80), Rental Property Commercial and Residential ($1.20), Miscellaneous Professional ($2.40), Amusement and Vending Machines ($0.50) at at the parenthetically-indicated rates per $1,000 of annual gross receipts.14 The City of Livermore does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.15

Newark
The City of Newark utilizes a gross receipts method of calculating Business License Fees for
businesses engaged in what it calls Retail, Wholesale, General Businesses and Businesses not otherwise provided for ($0.15), Residential and Non-Residential Rentals ($0.15), Manufacturing ($0.10), Professions ($1.30), and Contractors ($0.80) at the parenthetically-indicated rates per $1,000 of annual gross receipts.16 The City of Newark does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.17

Oakland
The City of Oakland utilizes a gross receipts method of calculating Business License Fees for Retail Sales ($1.20), Grocers ($0.60), Automobile Dealers ($1.20), Wholesale Sales ($1.20), Business /Personal Service ($1.80), Professional / Semi-Professional ($3.60), Recreation/Entertainment ($4.50), Construction Contractors ($1.80), Rental Hotel/Motel ($1.80), Media Firms ($1.20), Public Utility ($1.00), and Firearms Dealers ($24.00) at the parenthetically-indicated rates per $1,000 of annual gross receipts.18 The City of Oakland does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.19

Piedmont
The City of Piedmont utilizes a gross receipts method of calculating Business License Fees for all businesses with gross receipts greater than $50,000 at a rate of $2.00 per $1,000 of annual gross receipts.20 The City of Piedmont does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.21

Pleasanton
The City of Pleasanton utilizes a gross receipts method of calculating Business License Fees for for all businesses with gross receipts greater than $250,000 at a rate of $0.30 per $1,000 of annual gross receipts.22 The City of Pleasanton does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.23

San Leandro
The City of San Leandro utilizes a gross receipts method of calculating Business License Fees for businesses engaged in what it calls: Coin Operated Devices and Towing at a rate of $1.10 per $1,000 of annual gross receipts and for Firearms Dealers at a rate of $33.00 per $1,000 of annual gross receipts of concealable weapons and ammunition.24 The City of San Leandro does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.25

Union City
Union City utilizes a gross receipts method of calculating Business License Fees for Hotels/Motels Leasing, Commercial ($0.86), Retail Sales and Retail – Firearms ($0.43), Vending/Video Machines ($3.25) at the parenthetically-indicated rates per $1,000 of annual gross receipts.26 Union City does not employ a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation.27

A LONG-TERM SOLUTION TO EMERYVILLE'S BUDGET SHORTFALL

Emeryville's maximum cap on Business License Fees is extraordinarily unusual.

The above analysis shows that Emeryville compares very favorably to other cities in Alameda County with respect to the rate at which it calculates Business License Fees based upon gross receipts, and for most industries, asks for less in Business License Fees than its closest neighbors. Indeed, in comparison to Berkeley and Oakland, Emeryville offers every business type but Grocers a less costly rate.28 However, Emeryville is extraordinarily unusual in employing a maximum cap on the Business License Fee owed by businesses subject to the gross receipts method of calculation, and indeed the above analysis of every incorporated city in Alameda County demonstrates that of those cities utilizing a gross receipts method of calculating their Business License Fees, EMERYVILLE IS THE ONLY CITY IN ALAMEDA COUNTY THAT PLACES A CAP ON THE MAXIMUM BUSINESS LICENSE FEE THAT IS OWED BY BUSINESSES.

The maximum cap need not be removed in its entirety.

At the Special Meeting of the Emeryville City Council held on June 6, 2009, some City Council members were in favor of removing Emeryville's Business License Fee cap entirely.29 While such a change would place Emeryville more in line with the rest of the cities within Alameda County, the preliminary estimates of the budget gaps facing Emeryville in FY 2010-11 and FY 2011-12 could likely be met without removing the cap in its entirety. Instead, a more moderate change that merely increased the 2010 cap of $115,774.03 to a cap of $400,000 would generate an additional $1,705,355.82 in revenue annually, completely eliminating the projected budget gaps for FY 2010-11 and FY 2011-12 and even providing a modest surplus that could be utilized towards restoring some currently frozen staff positions or to accommodate already-expected increases in expenses.30 This proposal also takes a conservative approach and assumes that no additional revenue is available from other sources. If such additional revenue sources were presumed available, then an even lower maximum cap could suffice.

This proposal allows the Economic Uncertainty Fund to be preserved.

Any such change to the Business License Fee maximum cap should likely be implemented to take effect for the 2011 renewal period, and thus the increased revenues would become available by the end of February 2011. In the interim, the City could draw on its Economic Uncertainty Fund, repaying the partial draw down once a new maximum cap on Business License Fees was in place. This strategy would preserve the Economic Uncertainty Fund for the future.

This proposal would have no effect on small businesses in Emeryville and an unnoticeable effect on large businesses in Emeryville.

At the current gross receipts times 0.0008 rate, an Emeryville business must have gross receipts exceeding $144,717,537.50 to owe the current maximum Business License Fee. Only five to seven businesses in Emeryville currently report gross receipts in excess of $144.7 million. Thus, small businesses in Emeryville will not be affected at all by this proposal. The five to seven businesses in Emeryville who do have gross receipts in excess of $144.7 million would be asked to pay $400,000 annually for their Business License Fee as opposed to the current maximum of $115,774.03, assuming that their gross receipts exceed $500,000,000 annually, the level at which the proposed maximum cap would be triggered. The difference between the current cap and the proposed cap is $284,225.97. That difference would not be material to any of the Emeryville businesses who have gross receipts in excess of 1/2 of a billion dollars annually. Every other city in Alameda County would ask them to do more than does this proposal.

This proposal recognizes Emeryville's already "lean staffing level."

This proposal allows Emeryville to balance its budget without further cuts to staff or communityservices. Choosing instead to fire fifteen teachers at the Emeryville Child Development Center and to further dismantle the incalculably valuable services they and the Recreation Center provide to Emeryville residents would be appalling. If the City is to have "Community Life" at all it must not reject the key drivers of that community life: Community Services.

Conclusion
This memorandum, through an analysis of the Businesses License Fees calculated based upon gross receipts in every incorporated city in Alameda County has shown that Emeryville alone places a maximum cap on those fees. This memorandum thus proposes raising that maximum cap as a means of closing current and future projected budget shortfalls. The precises amount of a new cap could best be determined by city staff, who should have greater access to relevant facts, but this memorandum proposes that a modest increase to $400,000 would have no adverse effects and would likely eliminate the projected shortfalls.

______________________________________
Brian Carver, an Emeryville resident, is an Assistant Professor at the UC Berkeley School of Information. This is a reprint of a memo he sent to the Emeryville City Council on March 2, 2010

_____________________________________________
1 See Video of Special Council/Agency Meeting (June 6, 2009) available from http://www.ci.emeryville.ca.us/Media/
2 Commercial landlords in Emeryville pay at a lower 0.00035 rate. http://www.ci.emeryville.ca.us/index.aspx?NID=241
3 City of Alameda: http://www.ci.alameda.ca.us/services/business_license_fees.html Manufacturing businesses in Alameda are entitled to deduct the value of raw materials from their gross receipts.
4 City of Alameda Finance Department: 510-747-4880. Press "2" for Business Licenses. Confirmed on March 1, 2010.
5 City of Albany: http://www.albanyca.org/Modules/ShowDocument.aspx?documentid=7621
6 City of Albany Finance Department: 510-528-5730. Confimed on March 1, 2010.
7 City of Berkeley: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4258
8 City of Berkeley Finance Department: 510-981-7200. Confirmed on March 1, 2010.
9 City of Dublin: http://www.ci.dublin.ca.us/DepartmentSub.cfm?PL=exp&SL=buslic
10 City of Fremont: http://www.fremont.gov/DocumentView.aspx?DID=1616
11 City of Fremont Revenue Division: 510-494-4790. Confirmed on March 1, 2010.
12 City of Hayward: http://www.hayward-ca.gov/municipal/HMCWEB/BusinessLicenses.pdf
13 City of Hayward Finance Dept., Sr. Cust. Acct. Clerk, Eleanor Torres, 510-583-4622. Confirmed on March 1, 2010.
14 City of Livermore: http://www.ci.livermore.ca.us/finance/Business_license.pdf
15 City of Livermore Finance Department: 925-960-4310. Confirmed on March 1, 2010.
16 City of Newark: http://www.ci.newark.ca.us/images/uploads/finance /pdfs/LicenseFeeSchedule.pdf
17 City of Newark Finance Department: 510-578-4310. Confirmed on March 1, 2010.
18 City of Oakland: http://www.oaklandnet.com/government/b_and_f1/revenue/taxtables.htm
19 City of Oakland Business Tax Section, Anna Lawrence: 510-238-7478. Confirmed on March 1, 2010.
20 City of Piedmont: http://www.ci.piedmont.ca.us/html/forms/bizlicense.pdf
21 City of Piedmont Finance Department: 510-420-3045. Confirmed on March 1, 2010.
22 City of Pleasanton: http://www.ci.pleasanton.ca.us/pdf/zc.pdf
23 City of Pleasanton Business License Program: 925-931-5440. Confirmed on March 1, 2010.
24 City of San Leandro: http://www.ci.san-leandro.ca.us/pdf/buslicfeecompched.pdf
25 City of San Leandro Business License Division: 510-577-3392. Confirmed on March 1, 2010.
26 Union City: http://www.ci.union-city.ca.us/admin/admin_pdfs/Permits.Licenses/Fees_business.license.pdf
27 Union City Finance Department: 510-675-5343. Confirmed on March 1, 2010.
28 Again, this is true of those subject to a gross receipts method of calculating their Business License Fee.
29 See Video of Special Council/Agency Meeting (June 6, 2009) available from http://www.ci.emeryville.ca.us/Media/
30 This calculation assumes that six (6) businesses pay the increased maximum. Emeryville's Business Licenses Cashier indicated that currently approximately five (5) to seven (7) businesses in Emeryville pay the maximum fee, and so the amount of additional revenue generated may be slightly more or less depending on this number. That variation could be better predicted by City staff and taken into account in recommending a maximum cap to the Council. Additionally, this variation would be small enough that the City's Economic Uncertainty Fund could absorb any unexpected variation while maintaining that Fund's vitality. These calculations also assume that all those Emeryville businesses with gross receipts exceeding $144.7 million have gross receipts that exceed $500 million. If not, those businesses that fall within that range would not reach the proposed maximum cap and would thus pay less.

Message to Residents from Emeryville Council Member Jennifer West: Public Input and Community Participation

noreply@blogger.com (THE SECRET NEWS) — Mon, 15 Feb 2010 06:08:00 +0000

West Seeks Community Input/Participation in Transit Center Public Hearing, I-80 Pedestrian-Bike Bridge Workshop, ECCL, "Shortest Triathlon", and Cooperative Grocery

Dear Emeryville neighbors,

This is my second letter to you since taking office in November 2009. My purpose in writing you is to inform you of upcoming city council actions, provide transparency about the city process and to ask for your input and participation. I encourage you to reply to me about something that is important to you. The best ways to contact me are by email at emeryvillewest@gmail.com or by phone at (510) 420-5795. Of course, if you see me in the park, or at the grocery store, please introduce yourself!

My topics for this email include events for public input and organizations or activities for community participation: Transit Center Public Hearing, I-80 Ped/Bike Bridge Community Workshop, ECCL living room conversations, the Shortest Triathlon, and joining the COG.

Vital Public Input (the City Council needs to hear from you!):

Public Hearing on the Transit Center Tuesday, Feb 16, 2010, 7:16 p.m., City Council Chambers, City Hall (corner of Park Ave. and Hollis)

This development project (conditional use permit and design review) was not approved by the Planning Commission on January 28, 2010, and the City Council appealed that decision to itself for a public hearing this Tuesday. I was the only council member who voted against appealing the P.C. decision because the developer could appeal the decision. I know that there are people in town who have been following this project and who have opinions on the scale and transit nature of the building. Wareham Development has built many buildings in this area of town, including the Terraces, the Amtrak Station, Emery Station I, Emery Station East and North, and some of the Novartis buildings. They are about to begin on the Emery Greenway project at the corner of Powell and Hollis. The “Transit Center” is planned for the Amtrak parking lot site on Horton Blvd., and will be a 163 foot high building (9 stories) with parking below, an office/bio-tech building, and bus bays for folks to connect to from Amtrak. The Heritage Square Parking Garage (7 stories, 73 feet high) is planned for the corner of Horton and 62nd St. This combined project will create an additional 528 parking spaces on our designated bike blvd, bringing the total to over 800 spaces for cars. Please go to the city’s website to read more about the project in our staff report (warning: that file is extremely large) which is under city council agenda for March 2, 2010.

I ran for city council to change the way large development projects happen in town, making sure that residents are getting tangible benefits from the public money that is spent. For this project, our Redevelopment Agency is putting in money to help clean up the toxic site (up to $3 million), paying for the replacement of the public parking spaces (around $2-$3 million), and there is federal money being spent on the plaza improvements (close to $1 million). There are public benefits from the project, including job creation, a public plaza at the end of 59th St., new tax revenues, a new elevator to the bridge over the train tracks, a new traffic signal at 62nd and Hollis, and bike valet parking. What do you think about the balance of benefits and costs? I am asking you to send a message to the entire city council (you can access a form on the city of Emeryville’s website) if you have an opinion in support of or in opposition to this project. Even better, please attend the public hearing and make your voice heard!

I-80 Pedestrian/Bicycle Bridge Community workshop: Weds, Feb. 24, 6:30-8:30, City Council Chambers

Are you someone who wishes you didn’t have to go all the way to Berkeley to ride safely to the Bay trail? We are planning for a new pedestrian and bike bridge to cross I-80 at the west end of 65th St., and would like your input. Please come, learn about the 3 bridge alignments that are proposed, hear about the process and timeline, and also give direct feedback to staff on the plan that makes the most sense to you. See you there!

Emeryville Center for Community Life Living Room Conversations, March 6-10, 2010

The Center for Community Life is a significant undertaking for our small town and school district. This year is time for us to scale back the project from the original $125 million concept and gauge what level of community support exists before putting a school bond measure on the ballot. This joint use facility that would include schools, a rec center, a library and community services needs your input! It will be stronger with the inclusion of residents’ ideas. For a week in March, folks will be meeting in living rooms, community rooms, and cafes to talk in small groups about how to refine or influence this project. Please try to find a group that fits your schedule and make sure your ideas are incorporated. The conversations will be facilitated and will include an elected official and staff. Gather your neighbors and host one! Please don’t miss this opportunity to be involved.

Building Community at events and organizations: April 17, 2010 Shortest Triathlon, 8:00 a.m., begins at the Emery Secondary School Pool, ends at City Hall

Come join me! Last year I completed my very first triathlon in about 45 minutes. This year, because I am one year older, I hope to do it in 46 minutes. It was a great event, and I loved seeing people I knew there, participating and cheering everyone on. You, too, can do it! Some folks are competitive, others are just hoping to finish. Proceeds will support wellness programs in the Emery Schools. Register at Active.com. Later that day: Earth Day in Emeryville on 47th St. and Temescal Creek Park at noon.

The Cooperative Grocery, aka the COG, 1450 67th St.

Want to spend less money on your groceries? Want to know that you are buying from local companies? Want to be a part of a community that believes in sustainable production? The COG is right here in Emeryville, at Hollis and 67th St. I knew about it because I pick up my Full Belly Farm weekly vegetable box there every Friday. Now that I have joined the member supported grocery store, I find I save money on non-perishable items I used to buy elsewhere. Plus, I really enjoy meeting the people who are members. Check it out at thecog.org, and feel free to ask me questions about this fantastic opportunity to shop here in Emeryville and support a non-profit organization selling quality food.

Thanks for reading my newsletter, and please, respond to me with any feedback or if you would like to be removed. Happy Valentine’s Day!

Sincerely,
Jennifer West
Emeryville City Council Member
emeryvillewest@gmail.com
(510) 420-5795

Superintendant Explains Senior Parcel Tax Exemption Snafu

noreply@blogger.com (THE SECRET NEWS) — Thu, 11 Feb 2010 19:13:00 +0000

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

Hello Shirley!

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

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

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

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

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

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

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

Thanks again,

John Sugiyama

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

noreply@blogger.com (THE SECRET NEWS) — Wed, 03 Feb 2010 05:44:00 +0000

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

By Shirley Enomoto

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

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

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

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

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

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

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

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

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

OPINION

noreply@blogger.com (THE SECRET NEWS) — Thu, 28 Jan 2010 02:35:00 +0000

DO AS I SAY, NOT AS I DO

By Liz Altieri

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

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

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

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

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

Woodfin Doesn't Want to Pay Its Workers, OR Its Lawyers

noreply@blogger.com (THE SECRET NEWS) — Thu, 21 Jan 2010 01:24:00 +0000

After Losing Court Battle to Deny Workers $200,000 in Back Wages, Woodfin Demands Emeryville Taxpayers Foot Its $500,000 Legal Bill

by Secret News staff

The Woodfin Suites Hotel in Emeryville filed a brief in Alameda County Superior Court demanding that Emeryville taxpayers pay the hotel about $500,000 in legal fees. The brief comes about one month after Superior Court Judge Steven Brick ordered the Woodfin to pay $200,000 in back wages to dozens of immigrant housekeepers, ending a lengthy and expensive court fight that began in 2006.

News of the Woodfin's demand that Emeryville pay the hotel's legal fees has sparked anger among residents.

"I'm floored," said one resident. "The Woodfin spends years recklessly trying to undermine a voter-approved living wage law, and now they want a $500,000 'bailout' from those same voters? They can't be serious."

The Woodfin has yet to pay the workers and has recently suggested in court that it might appeal Judge Brick's ruling, further prolonging the four-year legal fight. The dispute has sparked the continuing boycott of the Woodfin, more than 100 pickets, and the largest protest march in Emeryville's history.

The back wages are owed as the result of Measure C, a 2004 initiative that established a living wage for workers at Emeryville hotels, and also set guidelines for working conditions. The wage for housekeepers ranges from about $9.75 to $11.05 an hour. Emeryville's three other hotels are in compliance.

"I'm in this fight for my family," said one worker, Maria. "I earned every cent of that money with my own sweat and hard work."

About 60 workers, residents, and supporters picketed the Woodfin last Saturday. The march began at 7:30 a.m. as a "wake up call" to the Woodfin that the boycott will continue until workers have checks in hand.

"This is a gross injustice," said Henry Norr, a retired journalist from Berkeley, in explaining why he joined the picket line. "The people who work the hardest are the people who get the least. It's not right."

(Photos: Protestors at the Woodfin Saturday, Jan. 16. Photos by Tracy Schroth).

KALW Reports on Residents' Concerns About Emeryville Development

noreply@blogger.com (THE SECRET NEWS) — Mon, 18 Jan 2010 00:39:00 +0000

Residents Call for Change in Second Phase of Emeryville Development

By Zoe Corneli on Wednesday, Jan 13, 1:33pm

As you’ve probably heard, this is not the best economic climate for commercial real estate development. Even in the Bay Area city of Emeryville, one of the friendliest places around for developers, the pace of building has slowed.

A second phase of the prominent Bay Street shopping center has been in the works for years. Current plans call for a department store and a parking garage… but right now, it’s just an empty lot.

While that project has been standing still, the city around it has been changing. The population of Emeryville has nearly doubled in the past decade. And some residents are starting to speak out. They’re hoping the new mall, called Site B, won’t be just more of the same. KALW’s Zoe Corneli reports from Emeryville.

Listen to full story

noreply@blogger.com (THE SECRET NEWS) — Sun, 17 Jan 2010 23:00:00 +0000

Emeryville's Inner Wild West

By Zoe Corneli on Wednesday, Jan 13, 3:26pm

My piece in today's Crosscurrents talks about the present-day residents of Emeryville trying to edge in on the symbiotic relationship between the city and commercial developers.

What the story doesn't talk about is this little town's history of brazen iniquity.

Read full story

Emeryville Council Member Jennifer West Promotes Transparency, Resident Participation

noreply@blogger.com (THE SECRET NEWS) — Wed, 23 Dec 2009 17:28:00 +0000

West Talks About Bike Safety, More Affordable Housing, Quality Child Care, and Increased Community Involvement in First Message to Residents

Dear Emeryville neighbors,

This is my first letter to you as a member of the City Council. I am honored to be serving you in this capacity, and look forward to the hard work ahead, as well as the rewards of putting in place policies that are good for all stakeholders in Emeryville. My purpose in sending you email updates is to inform you of upcoming city council actions, provide transparency about the process that is being followed and to ask for your input and participation. I encourage you to reply to me about something that is important to you. The best ways to contact me are by email at emeryvillewest@gmail.com or by phone at (510) 420-5795. Of course, if you see me in the park, or at the grocery store, please introduce yourself!

Topics for this email: bikes, affordable housing, Pixar Saturday construction, Emeryville Child Development Center and committee vacancies.

Bikes
I want to talk to you about bikes in Emeryville. There have been 2 hot items relating to biking in Emeryville in the last month: the 40th St. Bridge bike lanes (on the Dec 1, 2009 agenda) and the way to best handle bikes on Horton St. between 40th St. and Sherwin (on the Dec 15, 2009 agenda), with designated bike lanes or shared right of way with cars. Both of these items will be discussed further in the future: for the 40th St. Bridge, the entire City Council agreed to wait on a decision for more data to be collected regarding traffic and gridlock on Shellmound St. and safety on the bridge; and for Horton St., again, we agreed to wait on a more comprehensive revised bike plan and policy for the whole street as a Bike Blvd., preceding a decision on these 2 blocks. Any of the residents and workers in Emeryville who are concerned about making our city a more bike-friendly city need to send me their contact information so that we have a group ready to speak up about these critical decisions. I have heard from many already, but I believe there are more of you out there, and I hope you will help us by speaking up. Hit “reply” now if you are a bike supporter!

Affordable Housing
Family friendly affordable housing is something that I want to see more of in Emeryville. The City has been approached by developers who would like to convert their finished (Oak Walk at 40th and San Pablo) or planned (3900 Adeline) development projects into affordable rental housing, managed by a reputable non-profit organization, EAH. These conversions would require additional money provided by the Redevelopment Agency. My concerns center around location (not putting all new affordable housing in one part of town as the Ambassador Laundry project is already planned for the same area, 36th and Peralta St.) and having quality design and units large enough to attract families (the Oak Walk project was not originally built with affordable housing in mind). The Redevelopment Agency (which is the same folks who serve on the City Council) voted to move forward to consider both of these projects, as we await a decision on whether the Oak Walk project will receive federal funding to help with this conversion from market-rate to affordable housing. I will keep you posted about future decisions regarding affordable housing.

Noise Ordinance and Pixar Saturday Construction
Pixar was granted a waiver to the city noise ordinance (Dec 15, 2009 agenda) to allow Saturday construction on site from 8:00 am to 5:00 pm through June 19 with the following restrictions: their work is to be “non-noisy” with no equipment that beeps when backing up; there will be a live person who will answer the complaint phone number posted on site; and the work will cease if there is a complaint and will not resume until resolved. Unfortunately, this past Saturday, Dec 19, some of these conditions were not met, and the police had to intervene, asking the contractor to follow the agreement. I am hoping for a better track record, or I will urge the city council to reconsider this waiver to protect the Emeryville residents from unnecessary noise on the weekend. Please let me or the City know of any disturbances.

Emeryville Child Development Center
The City is looking at how to reduce costs of the Emeryville Child Development Center without compromising its quality. Providing child care to residents, workers and others who live nearby is important. It is also important to offer reduced-cost care for low-income families. How will the city continue to afford this? In June, the City Council was presented with 4 options, one of which was to contract out the operations to a third party provider. Last Tuesday, the City Council voted (I was the only “No” vote) to move forward on this option although we are not obligated to take this route once proposals are received. I am concerned about the quality of the program if a for-profit organization takes over. I will work hard with staff and regional leaders in child care to make sure that the best possible solution can be followed. As a teacher and a parent, my experience will add an important perspective to these discussions going forward. Stay tuned!

Committee vacancies for you!
There are many committees on which residents serve and offer their input. This is the time of the year when vacancies are posted for many of these committees, and I encourage you to submit an application (available online or from the city clerk (510) 450-7800) to become a member. The following committees have vacancies:

Housing Committee/2010 Census Complete Count Committee (1 opening now and 3 openings are for March 2010)
Emeryville Planning Commission (3 openings are for June 2010)
Art Exhibition Advisory Committee
Zoning Update Steering Committee
Partners for Community Life Committee
South Bayfront Pedestrian-Bicycle Bridge Project Committee
Bicycle/Pedestrian Advisory Subcommittee of the Transportation Committee
I-80 Pedestrian/Bicycle Crossing Committee
Marina Committee
Park AvenueDistrict Advisory Committee

I serve on the City Council to help you understand and access the amazing amount of information that is made available by the city staff in Emeryville. These topics are just a few of the more than 30 items I have already considered as a City Council Member. As a resident, I have often felt that it was hard to get information on items that were of interest to me. Now I see that much of the information is available, it just takes a real effort to find it. Let me help answer some of your questions, or direct you to someone else who can. I am grateful to have the opportunity to serve on the City Council. I am committed to maintaining clear and transparent lines of communication with my constituents. Emeryville is stronger with your input. Get involved, stay involved and pay attention!

Sincerely,
Jennifer West

(Jennifer West was elected to the City Council in November. This email was sent to city residents Tuesday, Dec. 22.)

Victory for Woodfin Hotel Workers: Judge Says the Woodfin Must Pay

noreply@blogger.com (THE SECRET NEWS) — Fri, 18 Dec 2009 23:58:00 +0000

Judge Orders Woodfin to Pay $200,000 in Back Wages

An Alameda County judge has ordered Woodfin Suites Hotel in Emeryville to pay $200,000 in back wages as part of a protracted legal battle over the city's living-wage ordinance.

On Monday, Superior Court Judge Steven Brick, upholding decisions made by the Emeryville City Council, ruled that the hotel owed the money to current and former workers for shifts they worked in 2006. Dozens of workers at the hotel have complained that management violated a voter-approved measure intended to improve working conditions.

Emeryville Councilman Ken Bukowski "Weds"

noreply@blogger.com (THE SECRET NEWS) — Fri, 04 Dec 2009 04:19:00 +0000

In What Appears to be Ploy to Keep SF Rent-Controlled Apartment,
Bukowski, 57, Enters Into Domestic Partnership

by Tracy Schroth

Emeryville City Councilman Ken Bukowski and boyfriend Michael Grimes registered as domestic partners in San Francisco Nov. 20. The two tied the knot less than two weeks after the landlord of the San Francisco building where Bukowski has a rent-controlled apartment petitioned the city's Rent Board to raise Bukowski's rent. The Secret News recently reported that the 22-year veteran of the Emeryville City Council has the apartment, at 798 Post Street, paying just $350 a month.

When previously questioned about the apartment, Bukowski described it as a getaway where he stays only "15 to 20 percent of the time." This is despite San Francisco law that allows only full-time tenants to qualify for rent control.

Bukowski's admission to using the apartment part-time prompted his landlord to petition the Rent Board for an increase to market rate, which is estimated at $1,800.

"He is no longer a full-time tenant and thus not covered under rent control statutes," said Stephen West, resident manager of the apartment building.

West said that a hearing on the landlord's petition was held Nov. 30.

"I, along with an attorney for the landlord, met with an administrative law judge to request that Mr. Bukowski's rent be raised to market rate," West said in a press release emailed to The Secret News on Dec. 2. "Mr. Bukowski appeared along with his partner, Mr. Michael Grimes. ... While Grimes admitted he has his own residence, he did say he would like to move into the apartment at 798 Post Street with Mr. Bukowski."

Grimes' statement appears to contradict Bukowski's claim that he does not actually live at 798 Post Street.

Wikepedia describes domestic partnership as "a legal or personal relationship between two individuals who live together and share a common domestic life ... "

West said a decision on the landlord's petition is expected Dec. 10.

Native Americans Protest Bay Street Mall Built on Sacred Burial Ground

noreply@blogger.com (THE SECRET NEWS) — Wed, 02 Dec 2009 03:44:00 +0000

noreply@blogger.com (THE SECRET NEWS) — Tue, 01 Dec 2009 04:32:00 +0000

Native Americans and other protesters gathered at the Bay Street Mall last Friday (aka Black Friday) to urge shoppers to boycott the mall, which is built on the site of the largest Indian burial ground on the West Coast. This fact -- the source of much consternation for Bay Area native people -- was brought to light by archeologists when the mall broke ground eight years ago. At that time, archeologists announced the presence of thousands of Ohlone, pre-Columbian skeletal remains. It was reported during construction that concrete piles were actually driven through the remains of the people buried there. The shell mound was once 60 feet high and up to 600 feet in diameter.

“This shopping mall is built on the sacred burial site of my ancestors,” said protest organizer Corina Gould of Vallejo. “How would you like it if they built a shopping mall on your grandfather’s grave.”

Protesters representing Indian People Organizing for Change, based in Oakland, have gathered each Black Friday for the past eight years to urge shoppers to boycott the mall.

(Protest Organizers Corina Gould and Wounded Knee (3rd photo from top ))

(Photos and caption by Brian Donahue).

City Transportation Committee Votes "No" to Keeping Horton Street Safe for Bicyclists

noreply@blogger.com (THE SECRET NEWS) — Thu, 26 Nov 2009 19:22:00 +0000

by Brian Donahue and Marc Albert

Bicyclists pedaling along Emeryville’s only designated north-south Bicycle Boulevard beware.

The city's Transportation Committee voted last Tuesday to strip bicycle lanes from a portion of Horton Street in order to accommodate more cars.

The vote by the Transportation Committee, comprised of City Council members Nora Davis and Ken Bukowski, ignores a unanimous recommendation by the city's Bicycle-Pedestrian Advisory Committee to either retain the bike lanes or adopt the universal standard for bike boulevards. That standard, created by the cities of Palo Alto and Berkeley, limit speeds to 25 mph and the number of vehicles to 3,000 per day. The standard is based on traffic engineers' determination that the street becomes unsafe for bicyclists if speed or traffic increases beyond those numbers. In the case of Horton Street, the bike-ped committee has asked that "traffic calming" devices be installed in order to keep the volume and speed of traffic down.

Despite the advisory committee's concerns over safety, the Transportation Committe voted not only to remove the bike lanes but also refused to install traffic calming. Nora Davis, chairwoman of the committee, responded to concerns with a single-word rejoinder: “Poppycock!” (adopting a favorite retort of former British Prime Minister Margaret Thatcher).

What's Good for Bicyclists is Bad for Business

Transportation Committee member Ken Bukowski referenced the potential constraints bike boulevard standards would impose on the planned “Transit Center,” an office tower to be built just north of the Amtrak depot.

“If we were to impose a limit on the cars to help bikes, it would hurt development,” Bukowski said, thoughtfully. He said that the Horton Street bike boulevard was always intended to be temporary.

Issues of Safety

Bike-ped committee members Scott Donahue and Sam Fousee say they are already very concerned about bicyclist safety on Horton Street.

“There are already too many cars on Horton Street,” Fousee said. He and Donahue said that in order to keep speed and traffic within a safe range, traffic calming is necessary.

As development along Horton Street continues, the city projects traffic volumes in excess of 9,000 cars a day. "A lot more cars are coming and there’s nothing you can do about it,” Bukowski said. Davis agreed.

The fate of the Horton Street Bike Boulevard will be decided by the full City Council at its meeting Dec. 15. Concerned citizens are encouraged to attend the meeting and have their voices heard.

Open Letter to the Emeryville City Council

noreply@blogger.com (THE SECRET NEWS) — Tue, 24 Nov 2009 17:16:00 +0000

New Council Members Should Address Staff Salaries and Hiring Practices, Ken Bukowski Debacle(s)

by Walt Watman

While everyone has the right to speak up about what is most important to them, it seems to me that issues like the ones below, which I have raised before and which continue to be ignored by the City Council, continue to be of great import.

I ask that the newly elected City Council members consider what I am about to say and take a stand on these matters,

1) Insisting that the City Council publish the salaries of City Attorney Mike Biddle and City Manager Patrick O'Keefe, and also insist that they, as the city's highest-paid employees, take a salary cut. The reduction in their salaries might prevent layoffs of other city employees earning far less, or at least allow the city to retain those employees part-time. Cuts should start at the top, not the bottom.

2) Insisting that the City Council explain, and then remedy, the fact that it has never permitted City Attorney Biddle's position to be posted, thus allowing a fair and competitive hiring process. After all, Biddle "negotiated " a $1.25 million settlement cost to the city in the wrongful death suit filed by the widow of Michael Smela, who was struck and killed by Bukowski as he drove away from a community meeting. This is an instance of what I consider questionable performance in these troubled financial times. And there are other such instances, yet Biddle's contract is renewed without any competition from other candidates.

3) Insisting that the City Council explain why they slap the citizens of Emeryville in the face by making no statement about and taking no action to remove Council Member Ken Bukowski even though he has been fined for political practice violations, and continues to blame the sun, the stars, and everyone else for his actions, taking no responsiblity for any of them.

4) Insisting that the City Council disclose the amounts of subsidies to developers, and the revenue the city will get in return from giving those subsidies to their fair-haired developers. Not to mention why they have not allowed us to know the details of various developers' proposals.

If this kind of naked abuse of power, disregard of citizens' right to know, contemptuous defiance of what is right in favor of self-serving politics -- not to mention the spending of taxpayer money for salaries and projects that are not made known to them and are not fairly determined -- were addressed by the new Council members, then such matters as pedestrian rights, bicycle lanes, and the like would not require so much attention because the Council would be acting in good faith.

This is a matter of the rights of all citizens to open government, to explanations of spending, to fair employment practices, to getting the best city attorney and city manager rather than the ones most willing to shake hands with the Council who hired them. This is a matter of priorities, not whose ox is being gored.

Walt Watman has lived in Emeryville for eight years. While national issues such as health care and the wars in Iraq and Afghanistan have most of his attention, he finds it difficult to be silent on Emeryville matters when the people's business is conducted in ways that are unprincipled and bad for the city. Walt believes the city deserves better.

Ken Bukowski's San Francisco Landlord Petitions Rent Board for Increase to Market Rate

noreply@blogger.com (THE SECRET NEWS) — Fri, 13 Nov 2009 07:16:00 +0000

Building Manager Says Drug Paraphernalia
Seen in Bukowski's Apartment

by Tracy Schroth

The manager of the San Francisco building where Emeryville City Council Member Ken Bukowski has had an apartment for the past 30 years said a petition has been filed with the city's rent board to raise the rent to market rate. He did not specify an amount, but a neighbor of Bukowski's with a similar unit said he pays $1,800.

Bukowski now pays $350 for the rent-controlled apartment, on the third floor of the building at 798 Post Street in Lower Nob Hill.

The Secret News previously reported that Bukowski had the apartment, a fact that was rumored for years but never officially confirmed or made public. When questioned about the apartment, Bukowski said he stays there "15 to 20 percent of the time." This is despite San Francisco law that allows only full-time tenants to qualify for rent control.

"It was assumed that he was a full-time resident of the building, primarily because his initial signed lease indicated nothing to suggest he was going to use the apartment on a part-time basis," said a formal statement issued by the apartment building's resident manager, Steve West. Based on Bukowski's recent admission, "a petition has been made to the Rent Board ... requesting to raise his rent to current market rate as he is no longer a full-time tenant and thus not covered under rent control statutes," the statement said.

Drug Paraphernelia and "Strange Smells"

West said in his statement that he is aware of the recent allegations of drug use by Bukowski.

"While I cannot confirm or deny those statements, several tenants have complained of constant comings and goings of non-residents of the building to Mr. Bukowski’s unit," as well as "strange smells" coming from the apartment.

West went on: "An authorized entry was made into his unit and drug paraphernalia was observed. If he is indeed using or manufacturing drugs, my hope is that he is not doing it on this property, as any drug use could endanger the other residents of the building. The matter is one for the police to handle and I can only hope they are following up on these allegations, not only for Mr. Bukowski's safety, but for those around him as well."

In a recent interview with The Secret News, Bukowski denied allegations by his niece, Kim Bukowski, that he is a methamphetamine user, although he "tried it ... a long time ago." He did say, however, that he smokes marijuana.

When asked about his plans for the San Francisco apartment, he said he will probably pay the rent increase. He said he plans to get this money, and the money to repay more than $100,000 in loans, back business taxes, and fines for misusing campaign donations, by selling off part of his Emeryville property.

New Results: Jennifer West and Kurt Brinkman Elected to the City Council

noreply@blogger.com (THE SECRET NEWS) — Thu, 05 Nov 2009 23:33:00 +0000

by Tracy Schroth

The latest results: Jennifer West and Kurt Brinkman - not Frank Flores, who was four votes ahead of Brinkman in the preliminary count - have been elected to the Emeryville City Council. The new total includes all permanent absentee and provisional ballots. The new results were posted by the Alameda County Registrar of Voters at 2:30 p.m. today, Nov. 5. The results are still being listed as preliminary, while the Registrar completes its audit. The counts are expected to be made official early next week, according to the Registrar's office.

Jennifer West easily won one of two seats with a whopping 855 votes (56%). Kurt Brinkman received 746 votes (31.8%), and Frank Flores, 739 (31.5%).

All three incumbents of the Emery Unified School Board were re-elected, with Cheryl Webb receiving the most votes at 879 (27.37%), followed by Joshua Simon, 844 (26.26%), and Miguel Dwin, 737 (22.95%). Brian Donahue and Darice Bridges received 476 votes (14%) and 272 votes (8.47%), respectively.

Measure K, which increases the tax on the city's card rooms, was passed 1,156 (83%) to 232. The tax will go from 9 percent to 10 percent under the new measure.

(Photos: Jennifer West with family, Kurt Brinkman).

Jennifer West Wins City Council; Bd Ed Incumbents Retain their Seats

noreply@blogger.com (THE SECRET NEWS) — Thu, 05 Nov 2009 19:57:00 +0000

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).

Does Seven-Time Emeryville Mayor, Councilman for 22 Years, Ken Bukowski, Even Live in Emeryville?

noreply@blogger.com (THE SECRET NEWS) — Sun, 25 Oct 2009 03:58:00 +0000

Beleaguered City Council Member Ken Bukowski Has Rent-Controlled Apartment in San Francisco’s Tenderloin; Drug Use, Other Illicit Activity Claimed by Close Relative

BY Tracy Schroth

The niece of Emeryville City Council Member Ken Bukowski said he lives in a rent-controlled, $300-a-month apartment in the Tenderloin, an apartment he has had for at least 20 years.

“The first time I went there was in 1990 and I know he had it for a quite a while before then,” said Bukowski’s niece, Kim Bukowski, who on Friday took The Secret News to the apartment building at 798 Post Street. A search of resident names listed in the call box included Ken Bukowski’s (see photo).

Kim Bukowski said the house and small apartment complex her uncle owns at 5880 Doyle Street in Emeryville is a rental property. She said he has an apartment in the back where he stays when he has City Council or other business in Emeryville. Kim said she and her 12-year-old son, Joseph, lived in one of the apartments on the Doyle Street property until three months ago, when Bukowski threw them out after she confronted him about his drug use. She said her uncle is a long-time methamphetamine user who has squandered his health, his relationships, and thousands of dollars to support his habit. Kim and her son are now staying in a shelter in Oakland. Her brother, Michael Bukowski, and another son, David, 20, are living in a “shed” in the back of the complex. The unit had previously been deemed illegal by city code enforcement and shut down, but was quickly reinhabited, she said.

Kim, who paid her uncle $400 a month, lived in several different rooms or apartments on the property over the past year, when she moved here from Florida. Her son, Joseph is a 7th-grader at Emery High. She said his grades have plummeted this fall, due to all the upheaval.

Drugs and “Loans”

Kim claims Bukowski is a long-time user of a variety of drugs, but principally uses methamphetamine. She said when she first arrived at Bukowski’s apartment a year ago, she was horrified to find it littered with needles.

“They were everywhere, lying around like coffee cups,” she said.

She said Bukowski is struggling to support his habit and make ends meet, resorting to an assortment of shady deals. She said Emeryville developer Francis Collins has “loaned” Bukowski thousands of dollars that will never be repaid. Her uncle is nearly destitute and his Doyle Street property was recently in forclosure, she said.

Bukowski entered into a consulting contract with Paxio, Inc., an Internet service provider that also has a contract with the city to supply services, and failed to disclose that consulting agreement to his fellow City Council members. He participated and influenced decisions of the City Council regarding Paxio while on Paxio's payroll.

A Year of Trouble

In the past year, Bukowski has found himself embroiled in one scandal after another:

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

Mass. Real Estate Trust Donated to Emeryville Chamber PAC

noreply@blogger.com (THE SECRET NEWS) — Thu, 22 Oct 2009 20:00:00 +0000

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.