Emeryville Becomes a National Model for Social Justice

Los Angeles Looks to Emeryville

for Inspiration

News Analysis
Ten years ago, two opposing forces in Emeryville began gearing up for an epic battle that would culminate in a November election, testing the voter's will for social justice.  That election battle, Measure C, also known as the 'living wage for Emeryville hotel workers', resulted in the first industry specific minimum wage law in California history.  And it's been hugely influential as municipalities across the West Coast and the Nation start looking to Emeryville's lead.
After two unsuccessful lawsuits were brought challenging the new law, Measure C has moved on, as it was designed to, providing Emeryville hotel housekeepers with significant wage increases and other benefits while also serving as impetuous for similar such laws protecting hotel workers in other cities such as Long Beach in 2012 and Los Angeles in 2014.  Seattle and nearby Sea Tac Washington used the Long Beach and Los Angeles law as a model for their respective city-wide minimum wage laws recently passed.

EBASE's
Jennifer Lin
"Emeryville has
been very
influential."

Measure C comports Emeryville's values but it also has shown the Nation as a whole how cities can serve as loci for their community's values.
"Other cities are looking at what happened in Emeryville, with increased worker wages that ripple to the rest of the economy" said Jennifer Lin, Deputy Director at East Bay Alliance for a Sustainable Economy (EBASE), a local community organization working for economic justice issues for working families, "Emeryville's been very influential" she added.  EBASE's efforts and the efforts of UNITE HERE-Local 2850 in 2005 were essential to getting Measure C before Emeryville voters.
Ms Lin noted that Emeryville, despite its small size, shines as an inspiration to other, larger cities, "Living wages for hotel workers caught on with other cities...they took the Emeryville model and scaled it up" she said.

This is What Democracy Looks Like
Post Measure C Victory: Woodfin fight 
The battle at the ballot box was only the first; one
law breaking hotel sought to subvert Emeryville
voter's will.  Near daily protests were conducted
 at the Woodfin Suites Hotel.

An easy win at the ballot box for Measure C belied the opposition's tenacity and apocalyptic rhetoric.  The fight for the Measure was fierce and battle lines were drawn, with nine out of ten elected officials in Emeryville warning of a massive economic calamity if the Measure were to pass.  Residents weren't impressed with that argument and Measure C won with 54% of the vote despite a mountain of cash thrown at it from the NO side to see it defeated.  Living wages are very popular with Emeryville residents we've found out.

The NO on Measure C side called itself the "Committee to Keep Tax Dollars in Emeryville" (as in; hotels will flee Emeryville if this passes) raised and spent $115,000, a huge amount for an Emeryville election ($110 for each NO vote as it turned out).  The funding came almost entirely from the hotels and the Chamber of Commerce, who put up everything they had against the ordinance.  Residents were told the sky would fall if Measure C passed; the Emeryville hospitality industry would be wiped out, sending the town's finances into a tailspin they said.  'It's not for a lack of caring, everyone wants higher pay for the working poor but we have to be realistic', the voters were told.
In fact the opposite has occurred over the proceeding ten years; all the hotels from 2005 (except Woodfin was bought out by Hyatt) are still here and a new hotel has even been approved.  The number of Emeryville hotels has gone from four to five since Measure C passed.

John Gooding
He consolidated the
Power Elite in town.
Hotels will leave
Emeryville en masse
if Measure C is passed,
all will be lost!

As the people voted YES on the living wage ordinance, virtually the entire Emeryville Power Elite rallied against it.
Emeryville political power broker and business lobbyist John Gooding took a leadership role in attempting to defeat Measure C.  Mr Gooding joined with the Chamber of Commerce and convinced the entire Emeryville City Council (save Ruth Atkin) to sign their names to the NO side as well as the entire Planning Commission and the entire School Board.

2005 was also a City Council election year and candidates Dick Kassis (incumbent) and his slate mate, Ed Treuting  both conspicuously ran on an anti-Measure C platform while challenger John Fricke endorsed Measure C as part of his platform.  Some election watchers claim that support for a living wage is what gave Mr Fricke the edge he needed to decisively win his election bid as he did.
The debate was heated and Councilwoman Nora Davis went as far as calling Emeryville residents that spoke out in favor of Measure C "dupes for EBASE", a charge she may have wished to take back after the 54% of Emeryville residents said YES to living wages for our town.

Emeryville's Influence:
Less this...

Measure C delivered the goods: In the first five years there were $1.168 million in wage increases for the workers according to a study conducted by EBASE.  Many workers were able to survive on their own and support their families without government assistance after the Measure C passage while the hotels were found to have their costs increase less than 2%.  Many workers got pay increases of up to $5 per hour, translating into an extra $5000 per year to help families make ends meet. Over 100 workers were helped in the new law's first year alone.

...more this.

It's ironic that the politicians at Emeryville City Hall and at the Emery Unified School District, the same bodies that railed against Measure C in 2005 have long boasted about how Emeryville is becoming a national model.  It is clear they are correct, but not in the way they think.  Emeryville's influence is not being felt in terms of schools as community centers as a result of the construction of the Emeryville Center of 'Community' Life as these people would have you believe but rather in labor relations, social justice and the rise of minimum wage law.

As the 10 year anniversary approaches, Emeryville residents would be excused if they felt a little civic pride in the prescience of our very influential landmark minimum wage ordinance: Measure C.
We rock (editorial).

Living Wages for Hotel Workers Started in Emeryville

Now it's Taking Off Everywhere

Here's a source of real Emeryville civic pride: After retaliatory firing of workers, 

the workers successfully forced the Woodfin Suites Hotel to pay their back wages as 

mandated by Measure C.  After the Emeryville Power Elite including the City Council, 

lost their battle against Measure C at the ballot box, City Hall implemented the 

new law, forcing the Woodfin fight.
Wage increases for the working poor among us is the will of the people of Emeryville.

Emeryville Residents Warned of Mass Exodus of Business

Businesses: "Unless We Get Everything We Want We're Taking Our Marbles and Leaving"

City Hall: "We Have to Do What Business Says or All Will Be Lost"

Opinion/News Analysis
The record is stuck.  Can somebody move the needle forward?  It keeps repeating itself.
What we refer to is the oft repeated mantra heard year in and year out at City Hall; the call and response followed by the familiar hijacking of public policy for private gain.  It's the old stand-by warning from developers and businesses that they'll....wait for it....pack up and leave unless they get everything they want on whatever relevant proposal is being discussed at City Hall.  The conciliatory reaction always comes from Councilwoman Nora Davis with a second from Councilman Kurt Brinkman; we have to do what developer X says is their response.  Emeryville is in no position to ask for anything good they remind us.  With Councilwoman Ruth Atkin as their third vote, it's been a highly effective formula for delivering the goods to developers and business in Emeryville.  This reputation of ours is earned.

Emeryville: Charter City
The old formula is going to repeat itself this summer.  As concerned Emeryville citizens begin their signature drive to put the proposal before voters that Emeryville become a Charter City on November's ballot, a new paradigm that will permit us to tax businesses like other Bay Area cities do, the Chamber of Commerce will once again join forces with the deep pockets in the corporate community to try to defeat it.  No new parks for us and sidewalk repair must wait, you understand.

We can hear it now, loudly proclaimed, nay screamed this summer and fall: all will be lost if Emeryville becomes a Charter City.  It's going to be in our mailboxes in torrents of professionally designed glossy color flyers.  It's going to be on our answering machines after we come home from work, warning us of the coming apocalypse.  Our dinners will be interrupted this fall; poorly paid young men and women from places other than Emeryville will be warning us in 7:00 PM phone calls.  You may be able to ignore the phone calls but your door will be incessantly knocked on as well.  Behind the door will be an Oakland resident or a Hayward resident telling you how bad it'll be if the Charter City Initiative passes and Emeryville taxes business like other cities do.  They won't tell you they're not from Emeryville and they won't tell you they're being paid to knock on your door and make phone calls but they will assure you they only have your interests at heart.

These well funded scare campaigns rise up every time business is asked to pay their fair share in Emeryville.

We remember the card room plebiscite of 1997, a tax increase for Emeryville gambling parlors where in the Oaks Club, the only such parlor, would be "driven to bankruptcy" we were told if they were required to pay the Bay Area card room average tax rate.  It passed of course, and the Oaks Club is doing just fine....but now paying Emeryville what other card rooms in the Bay Area pay.

Then there was the recent attempt to remove Emeryville's infamous business tax cap, a mechanism that allows Pixar and other large businesses to pay much less taxes than other smaller businesses in town pay.  That voter drive was sabotaged before it even got to the ballot box thanks to Council members Nora Davis and Kurt Brinkman.  It would be the end of Emeryville they assured us after Pixar threatened to leave town if Emeryville voters were allowed to decide about the tax cap.

Of course there was also Measures T & U, a 2004 campaign to get a Community Benefits Agreement in trade for a planned Pixar campus expansion. A YES vote would negate the CBA, give Pixar millions in Emeryville subsidies in cash and property transfers and negate our General Plan and zoning regulations.  Again Pixar was going to leave Emeryville the Chamber of Commerce assured us (right after they spent tens of millions of dollars on their Phase One campus build out).  The NO on T&U simply asked for a Community Benefits Agreement to be entered into, a standard procedure for City Halls outside Emeryville.  But Pixar told us it was an existential threat.  It was a scare tactic that worked; Emeryville rolled over with prompting from Nora Davis, Kurt Brinkman and the Chamber of Commerce, netting Pixar millions of dollars in City Hall subsidies.
It should be noted Pixar, the multi-billion dollar corporation is now paying us $8000 per year in taxes (thanks to the tax cap) the Tattler found out.

We also fondly remember the anti-Measure C campaign of 2005.  It was a lavishly funded campaign to stop Measure C, Emeryville's 'Living Wage for Hotel Workers' ballot initiative.  The campaign, run by Councilwoman Nora Davis and the Chamber of Commerce, assured us all would be lost if Emeryville hotels were forced to pay their workers a couple of dollars more per hour; a living wage. Nora joined with the hotels and scores of other businesses in town to warn us of the dire consequences in store for us.  The Chamber of Commerce even fired up their Political Action Committee (EmPAC) with it's massive war chest of donations from out-of-town businesses to take the fight to the hotel workers.  Hotels would fold up their tents en masse and leave Emeryville we were told.
In the end, Emeryville voters DID pass the living wage for hotel workers, regardless of all the hyperbolic screaming from Nora Davis, the Chamber and their corporate paymasters.
One hotel, Woodfin Suites on Shellmound Street actually did leave town in protest after they lost a bruising court battle to not pay their workers their back wages.  Woodfin was subsequently bought by Hyatt.
The mass exodus of hotels never materialized curiously.  In fact, Emeryville is about to get a brand new hotel, Hyatt Place at Bay Street.  And they're going to pay their workers a living wage.  Tellingly, Nora Davis, her sycophants and the Chamber of Commerce never admitted they were wrong about the consequences of Measure C.
Instead they've begun preparing themselves for the next apocalypse looming this fall for Emeryville.  The Charter City Initiative is coming.  Emeryville voters will be allowed to decide for themselves.  All will be lost people, all will be lost.

Emeryville Hyatt Hotel Proposal Missed Deadline Puts Project in Jeopardy

Madison Marquette, the developer of Emeryville's Bay Street Mall has missed an important deadline as part of an 'implementation agreement' with the City of Emeryville that would have necessarily extended rights to sell property to Hyatt Hotels Inc for a planned 169 room hotel on land it owns adjacent to the mall the Tattler has learned.  The implementation agreement, the 15th such agreement controlling the development of the proposed Hyatt Place hotel expired on September 30th 2012.

The suite of implementation agreements are meant to extend development rights for Madison Marquette and are part of a larger contract called a Disposition & Development Agreement  established in 1999.  The missed deadline now puts Madison Marquette in violation for the entire development deal to take place.

Madison Marquette has been proceeding as if the project is still moving forward, making community presentations and committee reports it should be noted.  For the City to start up implement agreement #16 as if #15 had not expired would be a violation of law on the part of the City.  The project is effectively dead as of now, a City Hall insider who wished to remain anonymous told the Tattler.

The expiration of the agreement is the second time this developer has let a time extension request expire in Emeryville as it turns out.

Tattler readers may remember Madison Marquette requested many similar time extension agreements with the City for development of the last parcel of land located to the north of the proposed Hyatt Place hotel called "site B".  Those time extension requests, collectively called an Exclusive Right to Negotiate (ENR) were granted to the developer several times totaling some eight years.  Those time extension requests enabled Madison Marquette the luxury of keeping the development site, a planned expansion of the Bay Street Mall,  locked in their exclusive reserve while they decided whether to develop the site.
  Many residents at the time complained that the time extensions only helped Madison and that the residents got nothing in the trade.   The last ENR request for Site B, a two year extension coming in 2010 was highly controversial after residents rallied for compensation from Madison but the City Council rebuffed them, granting Madison Marquette a clean two more years.  After the 2010 time extension was granted, Madison allowed it to expire in 2012 without making their development proposal, leaving Emeryville with nothing but fallow land and no tax proceeds, the gamble having not paid off with a project.  Many residents were furious with the Council especially since other developers (with more resident friendly proposals) had expressed interest in the site but they were cast aside by the Council as they placed all their faith in Madison Marquette.