Developer Goes Over City Council - City's Authority Stripped By New State Housing Law

47th Street Homes Project Ushers In New 'Upzone' Housing Boom In East Emeryville Neighborhoods

First Developer to Invoke New California Law to Override City Council

Flood of Housing Projects Will Bring More White People 

News Analysis

The desire of the people of Emeryville to plan their town as they see fit ran hard up against the power of the State Tuesday when the City Council, yielding to a new anti-planning state law that takes away local housing control, voted to allow a developer to tear down four affordable rental homes to be replaced with expensive rental townhomes.  Emeryville thus becomes one of the first Bay Area towns to test the new law, SB 330; a developer backed decree that seeks to increase housing density across California at the expense of citizen empowerment in their own city planning.

Emeryville residents watched in shock Tuesday night as the City Council voted unanimously to grant an out-of-town developer freedom to evict his multi-generational low income minority tenants in four contiguous homes he owns in order to demolish them and build unaffordable townhouses.  The net effect on 47th Street (and elsewhere after this precedent setting law begins to take effect) will be to make the neighborhood whiter, richer, less blue collar and generally less diverse.  It was shocking because neither the City Council or the Planning Commission wanted this to happen.  Shocking because the City Council is now seen as powerless to stop what will likely become a torrent of development, developers seeking their fortunes gentrifying the Triangle Neighborhood and North Emeryville, the last bastions of affordable genuine family housing left in our town.

SB 330, authored by our own local Assembly member Nancy Skinner, was advertised to overturn what was characterized by her as a state-wide culture of ‘NIMBYism’ that had contributed to California’s legendary status of being an epicenter of unaffordable housing.  Before it became law in January, SB 330 saw a powerful consortium of developer/lobbyists who glommed onto the legislation that sought to strip cities of their general plans, forcing them to approve virtually any housing project that would increase density.  Early on, some environmental groups signed onto the law (which would theoretically lessen pressure for cities to sprawl), an ‘eco’ seal of approval that lowered what would have normally been robust citizen involvement, adding to SB 330’s remarkably rapid legislative confirmation. 

Berkeley resident Assembly Member Nancy Skinner
(with mic) obtained Governor Gavin Newsome's
help in signing SB 330, the 'Housing Crisis
Act of 2019'.

Emeryville Is Not Guilty

Within SB 330’s pro-density zealotry, is a lack of recognition for towns that have behaved responsibly with their housing planning and building.  SB 330 lumps in towns that are not driven by housing NIMBYism with towns that have engaged NIMBYism that clearly do need to be reined in for the sake of the greater good.  It was against those irresponsible municipalities that Assembly member Skinner raised the specter of echelons of privileged and connected upper middle class town folk protecting their property values by stopping (lower income) development in a State that has seen property values skyrocket.  This kind of NIMBYism is a stereotype that certainly has a basis in fact when one looks to Bay Area towns like Piedmont, Tiberon or Atherton.  But SB 330 uses a sledgehammer to do its work and unnecessarily removes the people’s rights to plan their cities in areas that don’t need mandates from Sacramento - cities like Emeryville. 

Emeryville has shown itself to be a city not in need of SB 330.  NIMBYism, when it comes to housing, has not been in effect here.  Over the last 20 years, Emeryville has surpassed its market rate housing goals by triple digits as reported by the Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment (RHNA).  With housing numbers like Emeryville’s, no plausible argument can be made for City Hall needing to hand over its Planning Department to Sacramento.

SB 330 simply sets to increase the density of California cities.  It doesn’t speak to affordability, except by use of a trickle down nostrum, invoking a facile supply and demand panacea that incidentally has many critics.  Emeryville serves as a convenient case study.  As the town has doubled its population and then doubled it again, housing prices here continue skyrocketing upward, unabated, far outpacing general cost of living increases.

Slumlords Love the New Law

The 47th Street Homes Project is a particularly egregious example of gentrification.  The development corporation, FE Forbes has operated as a landlord for many years in the Triangle neighborhood, acting in a classic slumlord modus operandi according to the tenants.  The City Council was particularly incensed after it was revealed that Forbes hadn’t even fixed a heater in one of the 47th Street houses it owns, forcing the tenant, a grandmother with children living with her, to go without heat for ten years.  Forbes CEO, Mark Forbes, before invoking SB 330, argued the City should disregard the City’s ‘Areas of Stability’ clause in the General Plan because he hadn’t maintained the homes over the years and the resultant state of disrepair should serve as reason enough to grant permission to evict all the tenants and raze the four craftsman homes.  He failed to mention he would make a lot more money in rents with the new townhomes it should be noted.

The City Council (and the Planning Commission) voted NO to FE Forbes' demolition request in January, the first time a home teardown developer had been rejected by the City of Emeryville.  Thus, SB 330 now curtails what might have been a budding Council ethos, looking to protect its existing affordable family housing stock. 

The fate, decided by Sacramento, of Emeryville’s existing (affordable) 47th Street homes becoming the fabulous 47th Street Homes will serve as a dinner bell to developers.  The eastern residential part of Emeryville that Emeryvillians sought to protect in the General Plan is now on the menu for developers far and wide.  So long as the market prices hold out and barring a large economic turndown, the last stock of detached single family houses in Emeryville, demonstrably the most family friendly housing, will be under greater and greater pressure to fall to the wreaking ball.  Sacramento has seen to it that what little planning Emeryville may have had over the years is now going to be relegated to the dustbin of history.  SB 330 promises Emeryville and other Bay Area cities will descend into a new wild west anti-planning period of unregulated housing development, the will of the people be damned. 

Here come the techie yuppies!
Emeryville to become whiter, richer, less blue collar and fewer families.
A scene that will become increasingly common
in the East Emeryville neighborhoods with the passage of SB 330.

High Stakes Rancor at City/School Committee Threatens ECCL

School Board Members Langner, Vargas Seek to End Committee That Bridges Schools & Community

Ad Hoc Ploy Threatens Center of Community Life 

"You want to embarrass & shame us" said Langner 

News Analysis
As a consequence of deteriorating interpersonal relations, Emeryville’s two elected bodies, the City Council and the School Board voted to convene an ad hoc committee to explore ways to sever the ties that bind them at their regularly scheduled October City/School Committee meeting.  The move to part company, brought in response to pressure built up over three years between the two entities, comes on the heels of what turned out to be a contentious October 5th meeting after School Board members lashed out against the City Council.  A vote was taken to terminate the Committee that failed (7-2 Langner & Vargas voting aye) before the Committee unanimously voted to form the unnamed ad hoc group, presumably in order to placate the insurgents.   School Board member Bailey Langner announced to her colleagues before voting to breakup the committee, “It is my intention to come into this meeting and talk about limiting the scope of the relationship [between the School Board and the City Council]” meaning she was already intending on talking of termination even before the meeting turned sour. 

School Board Member
Bailey Langner
Voted to deep six the committee.
She made it clear, first and foremost
are her feelings.  Accountability
comes somewhere farther down the list.

The mutinous faction, consisting of the two School Board members plus the non-voting administrative staffer Superintendent John Rubio, if ultimately successful in torpedoing the City/Schools Committee, will bring to a close a very remarkable partnership that culminated in the building of the Center of Community Life, Emeryville's epic $200 million  aspirational civic project meant to bridge the community and the schools.  The present function of the committee is to continue running the ECCL to fulfill its promise to the community and the schools for the betterment of both.  

That charge as it turns out is quite unusual given widely applied State constraints mandating the independence of municipalities and school districts.  The City/School Committee was instrumental in getting landmark legislation (AB 1080) written with the help of Assemblywoman Nancy Skinner back in 2009 enabling the building of the ECCL.  The legislation of AB 1080 thread a needle in a field of Sacramento roadblocks to form such a collaborative effort.  

The breakup of this committee now could reverberate across the California political landscape were it to actually happen.

As it is, the unseemly spectacle rising at the Committee earmarks the end of the season of accommodation and comity between the two government elected bodies, a heretofore special and uplifting feather in Emeryville’s cap according to Ms Skinner, now a State Senator.

The bad blood between the two groups was evident at the meeting, Board member Langner complaining she feels disrespected by the City Council members.  At one point after Council members brought up disappointing academic numbers reflecting a failing of the School District (in the purview of the Committee), Ms Langner said her feelings were hurt by the airing of factual information about the District and that she feels “hostility” from the Council, “I do not feel that the City Council is a partner with the School District.  It feels like you want to bring up these topics in an attempt to embarrass and shame us”.  City Council member Ally Medina responded to Ms Langner’s affecting lament, “Your individual feelings are not important.  The children and the residents you were elected to represent are important.”  Ms Langner actually was appointed by the Board to replace a resigning Board member.  She faces the electorate next November.

School Board member Cruz Vargas
He's outraged, OUTRAGED the City Council
is talking about academic achievement at ECCL.
It makes him look bad and he voted to crash
the committee he's so angry about it.

Superintendent Rubio, an authoritarian figure big on secrecy according to teachers at the District and the progenitor of the rancor between the two groups, provided fuel and directed the School Board’s fire at the meeting.   Accusing City Council committee members, he pointed his finger, “I saw the Council members judging the School Board members for their actions” adding he finds unacceptable “the level of disrespect and unprofessionalism [sic] that occurs in our meetings.”  Those comments brought out Council member Christian Patz who said the non-voting staff member Rubio had stepped over the line with his didactic hyperbole, “I take a challenge for you to highlight good members and bad members.”  Mr Patz reminded the administrator,  "It is outside your role.” 

Council member Scott Donahue says the dust ups at the City/School Committee, no matter how rancorous won't likely result in the termination of the committee regardless of the wishes of Ms Langner, Mr Vargas or Mr Rubio.  He told the Tattler the Committee brings accountability and he believes the group will go on, “The City Council is ultimately responsible for protecting the public’s investment in this [ECCL] project.  The City/School Committee represents a necessary collaboration between the City and the School District”.  The Councilman finished, “It is vital to ECCL’s success.” 
 It would appear the School Board (at least two of them plus the Superintendent) will have to figure out how to conduct public policy without making things personal, the first job of any elected official.  In a Rodney King moment speaking to that, Council member John Bauters addressed his colleagues, exclaiming forlornly "It is really important for the City and the schools to find a way to get along."

The City/Schools Committee will meet in January to hash out details of the new ad hoc group they will look to as they consider throwing in the towel on bridging the community and the schools.  The public can look forward to accountability, their interests, taking a holiday at the School District and at City Hall if the towel is indeed thrown in.

Correction:  We originally reported the vote to end the City/School Committee was 8-2 against.  The actual vote was 7-2 against.  School Board member Bryynda Collins did not attend the meeting and therefore didn't vote.  We apologize  for the mistake. 

Emery School Superintendent
John Rubio

He works for the School Board.
Or do they work for him?  It's not clear.
He's supposed to serve a supporting role, 
not a voting member on the Committee.
But he acts like a Committee member.  

Emeryville Police Chief Backs Ammo Bill

Emeryville's Chief of Police, Ken James is backing Assemblywoman Nancy Skinner's ammo bill.  From the web news site Berkeleyside:

Nancy Skinner unveils bill to regulate ammunition sales

January 7, 2013 3:30 pm by Berkeleyside Editors

Assemblymember Nancy Skinner, D-Berkeley: “It is easier to buy ammo than to buy cold medicine.”

Assemblymember Nancy Skinner (D-Berkeley) today unveiled a bill to regulate the sale of ammunition, and said it was time buying bullets required the same scrutiny as buying guns.

Skinner, D-Berkeley, held a news conference on Monday morning outside the Oakland state office building on the day Alameda County students returned to school after the winter break and in the wake of the Dec. 14 Newtown, CT, elementary school massacre.

“Assembly Bill 48 aims to restrict the bullets that are ravaging our communities,” Skinner said in a statement. “Tragic but true, it is easier to buy ammo than to buy cold medicine, alcohol or tobacco. It’s time for buying deadly bullets to fall under the same controls as guns and Sudafed.”

Emeryville Police Chief Ken James, who also serves as the chair of the California Police Chief’s Association Firearms Committee, said: “Like pseudoephedrine is the precursor to methamphetamine, bullets are the precursor to gun violence. If we can control the precursors, we may avert tragedies like the ones at Oikos University in Oakland, Aurora and Newtown.”

AB 48 would establish procedures and restrictions on the sale of ammunition comparable to those that currently cover gun sales. The legislation bans kits that convert guns into illegal assault weapons, requires ammunition sellers to be licensed and to report ammunition sales to the Department of Justice, and additionally requires large ammo purchases made over a short time period to be reported to local law enforcement.

A moment of silence, led by True Vine Ministries Pastor Zachary E. Carey, was held to pay respect to the 26 victims of the Sandy Hook tragedy. Carey said Oakland has seen 559 homicides in the past five years, and almost 2,700 in the past 25 years, most of which involved guns, according to the Mercury News. ”This is out of control,” he said. “This is the first step to change California and to change the nation.”

At the conference Skinner acknowledged that passing such a bill would be an uphill struggle given the power of the country’s gun lobby, but she said she was convinced it was possible to build a coalition broad enough to overcome opposition.

Although officials from across Alameda County attended today’s event — spanning community and education leaders, law enforcement and clergy — representatives from the city of Berkeley, be it from its school district or police department, were notable for their absence. A staffer in Skinner’s office said all had been invited.

Oakland Mayor Jean Quan, Alameda Mayor Marie Gilmore, Alameda Police Captain David Boersma, San Leandro Vice Mayor Michael Gregory, and members of the Boards of Education of Alameda County, Albany Unified School District, Oakland Unified School District and West Contra Costa Unified School District have all voiced their support for Assembly Bill 48.