Biggest Deficit in Emeryville History: Bauters Blames Planning Commission

 Eight Years as Chair of the Budget Committee, John Bauters Owns Emeryville's $11.8 Million Deficit

But

Planning Commission is Blamed

Mayor Welch Too Serves On the Budget Committee, Lies to Voters

The City of Emeryville has gone public with the fact it has an $11.8 million budget deficit, the worst in Emeryville history, as reported by paid consultant Brian Moura in a recent address to the City Council.  It was such an embarrassing announcement for outgoing City Council member John Bauters, the eight year Chair of the Budget and Governance Committee, that seeking a scapegoat, he blamed the Planning Commission at the November 19th City Council meeting.

Mr Moura who is unrelated to Emeryville’s vice mayor David Mourra, told the Council “In terms of this fiscal year, 2024-’25, we’re projecting an $11.8 million shortfall with a decline of revenues of $5.5 million and an increase in expenses of $6.3 million”.  An outsider expert looking in, Mr Moura said reduced development fees from what was expected drove the shortfall because  “a major component of your [Emeryville’s] revenue picture” come from such fees.  Specifically, many life science/biotech firms that had expressed interest in building lab space in Emeryville failed to materialize and with the fall out came a loss in expected revenue that would have been generated from all the fees associated with the biotech building boom.

Scooter King Emeryville City Council Member
John Bauters
He offered a boatload of taxpayer money to host
an electric scooter race in Emeryville in 2023.

Immediately upon the finish of the report delivered by the consultant, eyes turned to John Bauters, who has been the Chair of the Budget and Governance Committee for eight consecutive years.  Mr Bauters wasted no time in shifting blame, he acknowledged that all the bio-tech development fees had been put in Emeryville’s fiscal health basket but he said he wasn’t responsible.  Rather, Bauters said it is the Planning Commission that is to blame.  He said they never should have approved all the bio-tech projects developers had been proposing over the last few years, supply outpacing demand.  “Developers respond to the market and they bring [their proposals] to the Planning Commission where it gets reviewed”, Bauters said.  He went on to falsely claim the City Council (with him as mayor) doesn’t have the final say for such projects. “Rarely does it [development decisions] touch the City Council. The Council doesn't go around telling property owners ‘you should build life sciences or apartment buildings” he said, despite the fact that’s exactly what happens.  After Council member Kalimah Priforce told the assembled crowd City Council leadership is responsible for the budget fiasco and that the City should not be spending money it doesn’t have hoping against hope for big fat developer fees to balance the budget.  Mr Bauters was hearing none of that fiscally prudent talk from Mr Priforce and he doubled down on his shifting the blame to the Planning Commission, “Leadership should only take responsibility for how it budgets the City [not how the City is developed]”, he said, reversing eight years of his activism developing the city, specifically with bio-tech projects (and apartment towers).

Courtney Welch Lied to the Voters About the Budget
Photo of one of Mayor Welch's re-election flyers
She's on our Budget Committee so she knows this is false.

Council member Priforce pushed back against the excuses being proffered by the many term mayor Bauters, stating, “The leadership has to own this”.  Mr Priforce noted how the Berkeley City Council and the Oakland City Council have both listened to the developers selling bio-tech and that it is revisionist and false history for the person most responsible for this to claim he wasn’t listening as well.  All three cities built out their bio-tech sectors vigorously over the last several years, contributing to the glut in the market.  

For her part, Mayor Welch, who is the other council member on the Budget and Governance Committee, said Priforce was wrong to be blaming anyone for the historic $11.8 million deficit hole.  Ms Welch it should be noted, during her November re-election fight, told voters she should be returned to the Council because she was so assiduously watching the budget, she’s maintaining a “financial solvency city” she said on one of her campaign flyers, a claim she knew to be false when she said it.

Adding insult to injury, Councilman Bauters threw in an extra $10,000 for the taxpayers to pay, at a last minute parting grudge shot at Mr Priforce when he added the provision to print and mail to every Emeryville household, a bogus censuring and sanctioning of Mr Priforce done at his last Council meeting.  Mr Bauters didn’t say how the $10,000 in public money would be raised to help him in his personal vendetta against Council member Priforce and none of the other three Council members that voted to spend the money provided an answer to that.  Presumably it will just be added to the $11.8 million City Hall deficit, already pegged at more than $140 for every resident.  The addition of the $10,000 mailer personal vendetta against Mr Priforce as it turned out, was John Bauters last act as an Emeryville City Council member as he retires on Tuesday.

Mayor Bauters two years ago, pushed forward a city wide City of Emeryville scooter race that would have cost about $1.5 million, some coming from public coffers, with vague promises of garnering some revenue but also "raising Emeryville's visibility" he said at the time.  The sponsor of the race event pulled out before Emeryville could write the check.

Also noteworthy, in 2022, Mayor Bauters claimed to be an expert at budgeting and finance and with fiscal expertise needed at the mayor level, he said he needed to be re-appointed mayor, skipping Council member Scott Donahue whose turn it was to be mayor.  Council member Donahue was said to not be as knowledgeable about how to keep the City in good fiscal health as Mr Bauters, an assertion that set against the departing of Bauters and his $11.8 million deficit he's leaving us, now seems like hubris.

November 19th City Council meeting is below:  Budget discussion starts at 1:44:24.  The first announcement of the $11.8 million deficit occurs at 1:46:32.

https://www.youtube.com/live/o7OntshGbR0?si=ZdNb3A7VeS5As7qO

Letter to the Tattler: Charlotte Danielson-Chang

 Letter to the Tattler: Charlotte Danielsson-Chang

Racism, Ageism Charged in City Council Planning Commission Selection

Watergate resident Charlotte Danielsson-Chang (bio below) writes to the Tattler about a recent selection of two new Planning Commissioners by the City Council whom she says were not properly selected.  Ms Danielsson-Chang, an applicant for the position of Planning Commissioner herself, was among four rejected  by the Council on March 16th (https://emeryville.granicus.com/player/clip/1949?view_id=5&redirect=true)   She charges the City Council with bias and racism among other improprieties in their selection of  Erica Zepko and Henry Symons (pictured below) to serve on the Commission.  As a preamble to her letter, Ms Danielsson-Chang sent the following to the Tattler:

“Ethics rules for public officials require fair process and public officials also have a duty of impartiality and merit-based decision making. With the exception of Scott Donahue, I believe the other City Councilmembers violated these ethics rules during the Planning Commission appointments process.  There were also elements of systemic racism and ageism in the process; a city council that considers itself progressive should at a minimum understand that electing insiders has the effect of bolstering systemic racism, ageism, and discouraging wider civic involvement by the community.” 

— Charlotte Danielsson-Chang

To the Emeryville Tattler Readers-

by Charlotte Danielsson-Chang

After days of complete shock over the bias and ethical violations I witnessed at an Emeryville City Council meeting on March 16th, I felt compelled to write an apology email to Dr. Eugene Tssui, a renowned Asian-American architect with over 30 years experience, for the treatment he received by the Emeryville City Council during his application for the Planning Commission. As a fellow Planning Commission applicant, I had no say over what happened but I felt like someone…anyone…needed to say the simple words of “I’m sorry that you were not treated fairly and not given the respect you deserved.”  

Ethics rules for public officials require merit-based decision making.

Dr Eugene Tssui has 32 years of experience and holds multiple advanced degrees in Architecture and City & Regional Planning, including two masters and a PhD from UC Berkeley. He is the author of 7 international books on architecture, city planning, ecology, biomimicry and ecological behavior change and has served as professor and instructor at 5 different universities including UC Berkeley. During his time as a Visiting Research Scholar at Harvard, he researched and developed biomimicry principles for developing construction materials that mimic the characteristics of zoological and botanical organisms. There has even been a documentary made about him. Before climate change, green building, conservation, using recycled materials were even words that existed in our vocabulary, Dr. Tssui was championing these concepts in urban planning and architecture.  The two candidates the City Council chose over Dr. Tssui? One is a mortgage broker working for a startup who graduated in 2010 that has only lived in Emeryville for 1.8 years; the other, a legislative liaison that graduated in 2016 that has lived in Emeryville for 7 years. Current Planning Commissioner C Tito Young  commented, “Dr. Tssui is what I would call a true ‘Renaissance Man.’  This is not a title, this is not a job description, and cannot be learned or taught. It is the ability to problem solve using multiple backgrounds, professional or otherwise, to obtain a solution.  It is more than a being purely sensitive because it entails a multidimensional level of observance.  In my lifetime, I have only met a handful of persons that may fall in that category.  They have the ability to realize the scope as a whole and not a scope as a part.  They are not swayed by popular belief or by any similar gains.  They simply want to make the built environment better, more interesting, and challenging to the social norm for people of many walks of life.”

Ethics rules for public officials require fair process and public officials also have a duty of impartiality.

With the exception of Councilmember Scott Donahue, the remaining Councilmembers violated all of these ethical rules on March 16th.  ”Are you familiar with the City of Emeryville’s Proposed Housing Expenditure Plan for Measure C?” asked Councilmember John Bauters of the applicants. Of course, no one but the two candidates selected who had spent time on the Housing Committee recently were likely to know the answer to that because it wasn’t one of the 5 questions interviewees were given in advance of the interview.  It also wasn’t even under the Planning Commission documents that your A+ type applicants would have reviewed prior to the interview; in fact, it was something that the Housing Committee (not the Planning Commission) had worked on recently. True, the City Council had voted on it at a meeting a few weeks prior to the March 16th interview for Planning Commissioner but the minutes of that meeting were not published until March 17th…the day after the Planning Commission interview.  Knowledge of Measure C’s Housing Expenditure Plan became the pivotal deciding factor for all of the Councilmembers with the exception of Scott Donahue.  This could lead any reasonable observer to wonder if this was not just a violation of fair process but also a violation of impartiality…or even a sign that the two chosen applicants had been preselected. “It baffles me that the city would not jump at the chance to have a pre-eminently qualified architect to be on the planning commission, one that is in the forefront of conservation and sustainability. The decision was not in the best interest of Emeryville, and I believe something was not right with the process.” Joe Lutz, former Emeryville Planning Commissioner for over 12 years and 45+ year resident of Watergate.  The Planning Commission handles a wide variety of issues of which affordable housing is only one element. Per the municipal code, the planning commission’s duties include residential, commercial, and industrial districts, traffic and parking conditions, boulevards, street openings and widenings, public parks, playgrounds, and other recreational areas, flood control, subdivisions.  Measure C was passed in July 2018 and numerous City Council planning commission selection meetings have been held since then.  Interestingly, knowledge of Measure C was not a deciding factor in those appointments…in fact, it was never even brought up as a question.  Note, also that appointment as a Planning Commissioner does not require any prior experience on another committee per the municipal code nor per prior practice of the City Council. “All of the candidates seemed reasonably qualified, however, in light of the mandate of the Planning Commission I was surprised that the Council chose not to select Eugene for one of the two Commission positions given his extraordinary qualifications. It’s a shame not to take advantage of this long-time Emeryville resident’s experience and commitment to city planning,” stated Steve Shane, Vice Chairperson of the City of Emeryville’s Commission on Aging.  

During the decision portion of the meeting, there wasn’t even a pretense of impartiality.  As Mayor, Dianne Martinez was responsible for leading the discussion and laying out the impartial criteria for decision making--a task she delegated to Councilmember John Bauters. Councilmember Bauters started off the discussion by stating that knowledge of Measure C was the deciding factor for the Planning Commission appointments.  He then proceeded to personally vouch for one of the applicants chosen because of his interactions with him. Councilmember Ally Medina then followed suit by herself endorsing that applicant as well.  Both Councilmembers then shared personal details about both applicants not in the record and actually used those details as additional criteria for their selection.  Of the first chosen applicant, Councilmember Bauters stated “he would be a phenomenal addition…..with his young family here in Emeryville I just think he offers a really excellent perspective.”  Councilmember Medina stated she was very impressed by the second chosen applicant who failed to attend due to a family emergency and stated “in an emergency situation she took the time to fill up the answers to our questions so she could still be considered tonight and I think that speaks to a level of commitment and quite frankly this committee requires a great deal of commitment.” Mayor Martinez, complicit in her silence during the inappropriate comments, ultimately took the path of least resistance by whole-heartedly agreeing with Bauters and Medina. 

What’s the cost of the bias to the community?

Narrow vision hurts Emeryville

“Housing already has its own committee.  Using housing as the deciding factor for Planning Commission appointments, that is just beyond dumb.  It’s such a narrow criteria, it makes me question whether those City Councilmembers are smart enough to be directing the city,” Celeste Burrows a 14 year member of Emeryville’s Bicycle & Pedestrian Advisory Committee, 2 year member of the Council on Aging, and a resident of Emeryville for 27 years. State law requires that each city submit a general plan (i.e. blueprint for meeting the community’s long-term vision for the future) and provide annual updates on the progress of the city towards that plan.  The 9 elements of the General Plan are Land Use, Circulation, Housing, Safety, Noise, Conservation, Open Space, Urban Design and Sustainability and the General Plan is broken down into 79 specific actions that are to be completed in a 20 year period starting in 2009. Note, affordable housing is a subsection of the general housing element.  In the General Plan Annual Progress Report for 2020 (report date 2/18/2021) that the Emeryville city staff submitted to the Emeryville Planning Commission, it was noted that out of the 79 actions required in the General Plan, only 16 have actually been completed, 59 had some progress made on them in 2020, and 4 had no progress. 11 years into a 20 year plan, only completed 20% of the required actions have been completed!

Although Dr. Tssui and I had never met, or even spoken, before that City Council meeting, we both applied for the Planning Commission with the same thought…that it’s ridiculous that Emeryville is falling behind when it could so easily achieve its General Plan goals well in advance of its anticipated timeline if it stopped trying to reinvent the wheel! We both held decades of experience and connections from different parts of the world that had already successfully accomplished all of the things that Emeryville’s General Plan was attempting to do in short timeframes.  My 22 years as a California attorney helping US tech companies and companies from throughout the world establish here along with my nonprofit work bridging innovation between Europe and Silicon Valley has given me unique knowledge of and connections in cities such as (1) Copenhagen, Denmark—a city that has already successfully built a giant network of bike paths and lanes and even an extensive Cycle Super Highway that joins over 25 municipalities and the Capital.  That city has accomplished these goals to the point that 9 out of 10 people there now own a bike and 40% of all commutes are via bike and only 29% of households now own a car; (2) Stockholm, Sweden—a city that has the highest number of eco hotels in the world and it is one of the only cities in the world that recycles all of its household waste; (3) Oslo, Norway—the city that has the most electric cars per capita in the world and has a car-free city center; (4) Estonia—a country that has been named “the most advanced digital society in the world” because it has efficient, secure and transparent ecosystem where 99% of governmental services are online. Dr. Tssui’s architectural and city planning expertise and network extends to China. He has taught architecture and city planning at four of China's greatest universities and has designed two towns and cities in China.  Dr. Tssui commented that “China has proven itself in its seriousness, know-how, and be on-time and on-budget mentality, to create infrastructure, buildings, and landscapes. In only two generations, China has gone from a back-water, agrarian society with no economic ranking, to the most powerful economic engine in the world. It has moved from absolute poverty to the middle class, and has cornered the market on 5G electronics, pharmaceuticals, and bought the entire continent of Africa.” Dr. Tssui continued enthusiastically saying “China is a country that finished a 57 story skyscraper in 19 days and rebuilt a 4-way, 8-lane, uni-directional, freeway intersection in downtown Beijing in 18 hours! Imagine what even just a fragment of that know-how could do for Emeryville!” 

Lack of Geographical Representation Leading to 25% of Emeryville being voiceless; enforcing ageism and systemic racism

Per the municipal code, the City Council “shall attempt to appoint Planning Commissioners in such a manner that the various geographic districts of the City are represented by a Commissioner.” The two applicants chosen were from districts already represented on the Planning Commission.  “Watergate represents a sizable portion of city residents, it remains unrepresented on the planning commission, and has so for years,” commented Joe Lutz. Both Dr. Tssui and I are residents of Watergate on the Peninsula, a community that represents roughly 25% of the city’s population and continues to be voiceless in planning matters because it has no representation on the Planning Commission. Watergate was built in the 1970s and many of its original residents still reside there.  When Dr. Tssui talked with Councilmember Bauters after the City Council meeting about the Planning Commission decision, Councilmember Bauters told him “Eugene, you would be perfect for our Commission on Aging…you should apply for that.” Surely, someone in their 60s is still capable of using their professional expertise to benefit the city in their area of expertise and not only regarding issues of aging! In addition to that, 30% of the population of Emeryville is Asian but our city committees and commissions don’t reflect that and the addition of Dr. Tssui would have been an important step toward balancing out the representation within the city. In the current climate of increased anti-Asian hate that affects so many the actions of the City Council seem especially egregious. A city council that considers itself progressive should at a minimum understand that electing insiders has the effect of bolstering systemic racism, ageism, and discouraging wider civic involvement by the community.  Emeryville’s current City Council has very much benefitted from the low civic involvement of the city. Councilmembers Bauters, Medina, and Patz just received new four year terms without an election because no one came forward to challenge them so the formality of an election was avoided altogether.  In a city of over 12,000 people, Mayor Martinez holds her office because of a mere 1471 votes.  

What’s next?

Dr. Tssui says his goal for Emeryville is “to initiate and reinforce a higher degree of development and constructable conceptual design for the City, to create a dynamic and proactive program of ecological behavioral change, and to introduce design concepts that support a zero to minimum footprint on the planet, restore the natural environment, minimize energy use, create disaster-free architecture, help to unify the City's east, west, north and south sides, and give a new future thinking character and excitement to the City” and he states adamantly that he “will not give up.” 

As for me, I don’t give up either.  This experience inspired me to organize a free virtual conference (www.futurecitiestoday.com) for June 10th where Dr. Tssui, along with other innovators and leaders from around the world, will show us how we can combat climate change through innovative architecture; how we can build a people-focused work environment and wellness based city with a focus on sustainability, pedestrian focused city, bike highways, carless city centers…now, not 10 years from now; how we can prepare our energy systems for our “new normal“ of extreme weather events (avoiding Texas winter storm outage and California rolling blackouts); and how innovative startups from around the world already have the solutions for our local issues.

Charlotte Danielsson-Chang received her JD from Stanford Law School and her Bachelor’s degree in Economics & Political Science from Berkeley.  She has practiced corporate law & business immigration law for technology companies since 1998. She is committed to pro bono/nonprofit work focusing on increasing the exchange of technology & innovation between countries around the world and the United
States.  Charlotte is an Ambassador for MIT Technology Review and is responsible for nominating Innovators Under 35 who have made outstanding technological achievements as entrepreneurs, inventors, visionaries, pioneers and humanitarians. Charlotte currently serves as a Commissioner for the Alameda County Human Relations Commission. 

Erica Zepko
Newly selected Planning Commissioner

Henry Symons
Newly selected Planning Commissioner

Wareham to Receive $208,000 in Public Funds

Council Gives Wareham CEO Rich Robbins

Gift of Public Money

Corporate Profits Remain Private But Risk is Made Public

Mayor Scott Donahue
Giving Wareham $200,000
of the people's money is nice
but $500,000 would be better.

In an unprecedented act of City Hall-to-developer largess in a city long known for its extraordinary generosity to developers, the Emeryville City Council, acting on a recommendation from the staff, voted Tuesday to give a lavish gift of $208,000 in public money to Rich Robbins of Wareham Development Corporation for the controversial 'Transit Center' project on Horton Street.  The City will write a check to Wareham, drawn from public funds because Mr Robbins, the CEO of Wareham and a major player among developers in town, thinks it's unfair to him that the City increased its development impact fees before the Transit Center was finished and that he should get any additional money he paid returned to him.  The final amount agreed to by the City Council Tuesday ends the contested cash back request from Mr Robbins begun in January when he asked the City for $729,000.

Councilwoman Ally Medina felt Rich Robbins' pain Tuesday night and argued to give Wareham $208,000, however her two colleagues Mayor Scott Donahue and Councilwoman Dianne Martinez thought Ms Medina was too stingy with the people's money and held out for a gift of $500,000 instead; the amount recommended by staff.  All three pointed to the public benefits the citizens will reap from the Transit Center project.  The City Attorney, Michael Guina reminded the Council members that returning the money to Mr Robbins is strictly voluntary and they are under no legal obligation to do so but that fell on deaf ears among the majority on the Council.
Ms Medina's argument ultimately held sway and the City of Emeryville will now write a check for $208,420 to Mr Robbins for building the project the Planning Commission twice voted down due to its "lack of public benefit".  The two figures bandied about Tuesday night ($208,000 and $500,000) represent two visions of what was characterized as "fair" by their respective City Council champions Tuesday but neither had any legal basis, opening up the City to possible lawsuits from other developers similarly taxed and looking to be made whole.

Councilwoman Dianne Martinez
Yes, let's make it a cool half million.

Mayor Donahue told the Tattler after the final vote, "Fees are paid or improvements are made to provide a city for reimbursement for public services.  When infrastructure is provided that the fees pay for, having that fee is a kind of double charge."  The Mayor added the cash back to Rich Robbins is "prudent" and speculating about future Wareham development projects in Emeryville, he cautioned, "We'll have to negotiate with Rich in the future (for our benefit)."
Councilwoman Medina expanded on the idea of "fairness" after the vote, stating she felt constrained by "the intent of [the City of Emeryville's] credit policy for transit impact fees' regardless of the City Attorney's concise release from any such (legal) constraint.

The dissenting Council members, John Bauters and Christian Patz, relied on the City Attorney's view and also the need for future transit public infrastructure improvements.  Mr Bauters reminded everyone of the considerable impacts the Transit Center will bring, especially as pertains to bike safety with the glut of cars from the 823 parking spaces the project will provide, "We're going to put a lot of cars on [the Horton Street] Bike Boulevard" he said noting the money, fungible as it is, could help ameliorate that safety issue and help other transit needs the City has.
For her part, Ms Martinez agreed the Transit Center will have a negative impact but she said she is more concerned with being "fair" to Mr Robbins.

Councilwoman Ally Medina
After what the City Attorney said,
$500,000 might sound too generous...
Let's settle on $200,000.

Mr Bauters noted developers, when they put together a project, take a risk that a municipality might change the rules (including the fee schedule) and they are not required to be made whole following such a public policy change.  "Development equals risk" he said Tuesday, raising the specter of the much derided federal government's fealty to Wall Street and their propensity to help them keep corporate profits private while socializing the risk.

Post Moratorium Debate, a Flawed 'Market Place' Development Moves Towards Approval

Mayor's Secret Plan For Better Housing Gets First Test

News Analysis
A huge residential apartment development proposal is just now rounding the corner in Emeryville, heading into the home stretch, headed for approval at City Hall.  It's the massive multi-phase 'Market Place' project on Shellmound Street with its 456 100% rental residential units, 70,000 square feet of retail and 1345 structured parking spaces.  Being all rental, this housing project is similar to most every other residential development project approved in Emeryville over the last many years.  It's also counter to what Emeryville residents say they want from new housing projects.

What's noteworthy about this project is that it's the first development proposal coming up for approval after a controversial residential building moratorium idea was proposed by the City Council but then rejected by Mayor Ruth Atkin and Councilwoman Nora Davis last February.  The three vote Council majority sought the moratorium to carve out time to strengthen the City's planning documents after so many years of flawed developments approved under the existing documents.  Lacking a four vote super-majority, the moratorium idea failed leaving only Ms Atkin's plan to fix Emeryville's weak planning documents.  However, Mayor Atkin has yet to reveal her plan to fix the problem, tantalizingly offering only "a moratorium is the wrong way to go about doing this".

Artist's Conception: Market Place Development
Featuring lots of deluxe White People.

For their part, developers aren't interested in waiting to hear about the Mayor's plan to stop flawed residential development; they're rapidly moving ahead in Emeryville.
One of the last three major residential developments left in Emeryville (the other two being  at the Sherwin Williams site and the 'Nady' site), the Market Place received approval for the first of its five parcels from the Planning Commission on May 28th.  The remaining four parcels are being presented rapid fire at subsequent meetings for the Planning Commission's approval.

A high density development, the Market Place project has the following characteristics identified by the public as being undesirable for future Emeryville residential development proposals:

• 100% rental, no for sale units
• No affordable units
• Automobile dependent
•  Not family friendly
• No guarantee for locally serving non-formula chain retail
• Exacerbates Emeryville's existing bad ratio of residents per acre of park/open space

The bullet points above are taken from goals highlighted by Emeryville's planning documents.  The Market Place project runs afoul of the following City Hall documents:

• The General Plan
• The Housing Element
• The Family Friendly Design Guidelines

After a 25 year building spree has left only three sites to get housing right in Emeryville, residents know the kind of housing development found in the Market Place proposal is flawed.  A contrite Mayor Atkin assured everyone she agrees the residential development that's been built over the last many years has been flawed.  Regardless of the fact that as a five term Council member, she herself has voted for all that flawed development, Ms Atkin has assured Emeryville residents now she gets it and this time she will deliver a Market Place development in line with what the residents have said they want.  However time is running short for Ms Atkin's plan to take shape and it appears with the vote to approve the first Market Place parcel already having been cast, the Planning Commission is simply doing what it has always done with regard to project approvals.  At this point, Ms Atkin's plan will require the Planning Commission's first vote on the Market Place be overturned.

The Planning Commission will continue to approve the project on a parcel by parcel basis and the City Council will vote on the final development agreement for the Market Place project sometime probably in August.  Watch this space.

President Richard Nixon
In 1968 before the election, Mr Nixon indicated he 
had a secret plan to end the war in Vietnam.  
Strangely, he refused to give details on the plan.  
The war continued on.

Mayor Ruth Atkin
She intimated she also has a secret plan:
 to bring better housing to Emeryville.
Like Nixon, she too has not given any
details for how it will be achieved.  
We hope for the resident's sake, it 
works out better than Nixon's plan.

'No Lawsuit Clause' : City Lets Wareham Off the Hook

Councilwoman Nora Davis: "We don't like to let people off the hook in this city, right Mike?"

Mike Biddle, City Attorney: "Yes we do"

Opinion
Sometimes it comes off without a hitch at the dog and pony shows known as Emeryville City Council meetings.  But sometimes, well, let's just say it doesn't come off as planned.

Take last Tuesday's Council meeting; a little back and forth, meant to play to the camera, between Councilwoman Nora Davis and City Attorney Mike Biddle didn't quite turn out as the councilwoman expected.  The interplay ended up revealing a darker truth about Emeryville... a corner of the covering having been lifted a little.

Councilwoman Nora Davis
Excuse me while I manage
these critics.....
Ooooops!

Councilwoman Davis was trying to mollify critics of the "No Lawsuit Clause" agreement of the 'Transit' Center development on Horton Street.  The clause stipulates that the developer of the site, Wareham Development is let off the hook for toxins not known about now but subsequently discovered as they conduct their clean up work at the site.  By signing off on the agreement, the Council forever signs away the ability to sue Wareham or anyone else to protect the people of Emeryville.  The Council abrogates their fiduciary duties, saddling the taxpayers with added financial responsibilities should something go awry.  The agreement offers Wareham security and comfort while offering the people of Emeryville nothing but a possible debt of unknown quantity.

The Council finally approved the entire contentious development Tuesday night leaving many residents in dismay over the No Lawsuit Clause but also the agreement that lets Wareham leave significant levels of highly toxic waste on the site under a proposed tower, a reneging of a previous agreement to properly clean-up the site by removing all the toxins.

As Emeryville residents tried to take stock of what was given away Tuesday night, the particular repartee between Councilwoman Nora Davis and City Attorney Mike Biddle was a moment of clarity, emblematic of the sycophantic depths attainable by this Council majority.

City Attorney Mike Biddle
The agreement lets Wareham off the hook.
They must be offered comfort at
the expense of Emeryville residents.

Ms Davis started out agreeing the No Lawsuit Clause offered up by the city staff for approval by the council was a non-starter.  Ms Davis laid it all out; playing to the camera, she showed how she's looking out for the resident's interests with a question for Mr Biddle, "I'd like to hear from Mr Biddle on this 'no suit clause'.  If we could have a little more clarification on that because I think it's a cause of concern for the Council and the community.  We don't like to let these people off the hook in this city."  To which, Mr Biddle responded with a lawyerly yes, we DO like to let people off the hook in this city....leaving Councilwoman Davis speechless; her propaganda moment wilting on the vine.

Mr Biddle explained to Ms Davis' definitive statement about letting people off the hook, "It's been a negotiated position between CBS [the owner of the site before Wareham purchased it], Wareham and the City when they move forward with the clean-up pursuant to the plan we approved that we would release them from any future claims."  Mr Biddle went on to say other developers in Emeryville have been similarly let off the hook with regard to toxic site clean-up releasing them from future claims; notably Madison Marquette, the developer of the Bay Street Mall.  He said these developers want protection from the City coming back after them for additional clean-up if additional toxins are discovered or anything else that may go wrong.  "We're releasing them from any ability of the City to pursue them based on what we know today.  This provides [Wareham] some level of comfort that the City will not pursue them."

Wareham's Rich Robbins
The man behind the curtain

As the City staff, who recommended to the Council to over-ride the Planning Commission decision and approve the Transit Center said, this site is a "toxic waste dump" and should be cleaned up.  But repellent to Emeryville residents, the project as approved lets Wareham off the hook for the toxic waste dump that will remain because of the significant quantities of poisons that get left behind, forever entombed beneath the new building.  And once again the three Council member majority show their allegiance to Wareham: for also repellent to Emeryville residents is how Wareham is also let off the hook in the case that we need to sue them later. The No Lawsuit Clause agreed to by Nora Davis, Kurt Brinkman and Ruth Atkin works in the interests of Wareham; disadvantage Emeryville.

The people of Emeryville DID get one thing in the embarrassing fiasco however.  We did get to see Council member Nora Davis publicly blow it: her legendary and prodigious political acumen revealed to be less than prodigious.  We got to see the curtain lifted and Wareham's CEO Rich Robbins at the controls.

Video courtesy Emeryville Properties Association
   

'Transit' Center Vote: City Council Overturns Planning Commission Decision

Council Majority: "Toxic Waste Dump" Left Under 'Transit' Center No Problem

In a 3-2 vote, the City Council voted to overturn the Planning Commission and approve the controversial 'Transit' Center development on Horton Street Tuesday night.  The vote culminated a decade long process for favored Emeryville developer Wareham Development to leverage millions of dollars in subsidies from the taxpayers of Emeryville to forward a project the Planning Commission recently said was "too low in public benefit" to accept.  The project will leave significant levels of highly toxic soil under the proposed building, a change from a previous iteration of the project that proposed removing virtually all the toxic soil.

The vote to approve, (Asher & West dissenting) saw the same Council members, that had previously assured the public that the proposed project would clean up a site contaminated with toxins, suddenly reverse themselves and now sheepishly accept an undetermined amount of toxins left under the new 'Transit' Center tower.  The site, previously used by Westinghouse Corporation, has toxins that were left behind in the soil including PCBs, VOCs and other nasties.  City staff referring Tuesday night to the contamination as a "toxic waste dump" recommended approval of the project regardless of the fact that the site will remain a toxic waste dump with "elevated concentrations of PCBs and other toxins that will remain" according to Earl James, a toxic waste researcher retained by the former Emeryville  Redevelopment Agency.  Mr James testified that Wareham will only remove about seven feet of soil on the site, forever leaving "high [toxin] concentrations below the remediation level."

The 'Transit' Center will provide four bus bays to complete its transit promise and will provide some 850 parking spaces for cars using the Horton Street Bike Boulevard, a street that according to the Emeryville General Plan may not carry more than 3000 vehicle trips per day, a number already in gross excess on the street.  The large number of parking spaces proposed drew ire from former City Councilman Ken Bukowski who called the project more rightly an "automotive center" than a transit center.

Wareham secured unprecedented City funded tax increment financing in addition to the approximately  $4 million in City subsidies it will receive.  The tax increment financing means Emeryville will receive no taxes for the project for 12 years, something Mayor Jac Asher said made her "deeply ambilvolent" about the project.  She added, "With the amount of money and time we've invested, we should have a much better project".

Council member Kurt Brinkman excitedly told the audience this project should be approved because it completes Wareham's "vision" for the site.  "Wareham makes things happen" Mr Brinkman said.  Councilwoman Nora Davis expressed displeasure that "there will be residuals [toxins]" but she found solace in the fact that the existing asphalt cap meant to entomb the toxins will be replaced, "the building will be a hefty cap" she said.

  For its part, Wareham indicated through Mr James that (contrary to a past promise) removing all the toxic soil was now too expensive.

Transit Center Gets Nix From Planning Commission

2nd 'No' Vote From Planning Commission

to Transit Center

"Not Enough Public Benefit" 

Thursday night, Emeryville's Planning Commission gave a thumbs down to Wareham Development's contentious 'Transit Center' proposed to be built north of the Amtrak station on Horton Street.   The No votes among the Commissioners (Kuemmerle & Gunkel) said the project doesn't offer enough public benefit especially considering a $4.2 million grant  of public money Wareham is to receive for the project.  Two Commissioners voted Yes (Cardoza & Keeler) and two abstained (Moss & Tann).  A tie vote results in a rejection of the application.  The City Council will be the final arbiters in the project and they could override the Planning Commission as they did in 2010 on an earlier vote on the controversial project.  That earlier Council vote split 3-2 (West & Asher dissenting).

The Transit Center project is comprised of an office tower on a parking podium, a small public plaza and four bus bays in the parking garage.  The bus bays are meant to accommodate the Amtrak station.

Some residents cried foul when City Council earlier in the year voted to grant Wareham $4.2 million in public money to build the project, funds leftover from the remains of the former Redevelopment Agency.   Wareham had promised to clean up the toxins left over from the polluting days when Westinghouse Electric Company manufacturing operated at the site, a fact Council Member Nora Davis said was a deal maker.  Ms Davis it should be noted has been very vocal on using developer and public money to clean up toxins from Emeryville's industrial past. In the intervening years since the agreement was hammered out with Wareham however, the development firm reneged on their promise and they will now only partially clean up the site, leaving toxins entombed in the soil beneath the new building.

Thursday's Planning Commission vote against the Transit Center marks the second time the planning body has rejected the project.  In 2010, they said the project with it's four bus bays in the garage and small plaza was too light on the public amenities to approve because of the traffic the project would generate and the fact that the building was too tall for the neighborhood.  That Planning Commission vote was made before Wareham retracted it's agreement to clean up the toxins it should be noted.  The Transit Center project as proposed today is worse from a public benefit analysis (no complete clean up and a new grant of $4.2 million public money).

Wareham, a favored developer at City Hall, has received more than $4 million in subsidies already from the City Council to help them build their other development projects around town.  In November 2012 a generous Council OK'ed a deal with Wareham to allow the developer to bank increment taxes the project generates for 12 years even as the Transit Center uses city services.
The $4.2 million in left over Redevelopment funds the Council earmarked for Wareham and the Transit Center is money the City could have applied to other proposed public projects in town including the moribund South Bayfront Bike/Pedestrian Bridge now starving for money and dying for lack of it.

The Council is expected to vote soon, one last time, to give the final OK for the Transit Center.

Planning Commission OKs Center for 'Community' Life, Bike/Pedestrian Path Removed

Commission Says 'NO' to ECCL Path

Tonight the Emeryville Planning Commission reversed an earlier vote and OK'ed the contentious Center of 'Community' Life without an adjoining required bicycle/pedestrian path that they had called a 'deal breaker' only last month.  The split vote 3-2 (Vanessa Kuemmerle and Steven Steinberg dissenting) came after the School District made a presentation meant to address the Commission's earlier concerns about the path, the future 53rd Street Greenway and the 'community commons' at the site.  Commissioner John Scheuerman praised the new plan tonight, without the ECCL path in it, calling the slight modifications to the Greenway and the community commons made by the School District "much improved",  even though in July he joined the majority and castigated the District and voted down the plan because it did not provide the path.

Most of the controversy among the Commissioners tonight settled around the District's continuing refusal to build the ECCL path.  Commissioner Scheuerman seemed to hold out hope that someday the path could be built somehow but Chair Kuemmerle disagreed, "If it's not done now it will not get built" she said.  Commissioner Steinberg agreed with Ms Kuemmerle stating flatly, "We should do [the bike/ped path] now.  It's an amenity everyone wants."

District architect Mark Seiberlich told the Commissioners that an existing concrete wall in the way of the ECCL path will have to be seismically strenghtened for safety and money spent on that now would be wasted if the path is ever built at some future date.  No one from the District told the Commissioners how much money would need to be spent strengthening the existing wall.

Commissioner John Scheuerman
The ECCL Bike/Ped path
can happen somehow,
 someday, just not now.
"Maybe we can get a grant"

he said.

At the onset of the meeting, Charlie Bryant, Emeryville's Planning Director announced that the City had received an award from the State of California for the City's new forward thinking Pedestrian Bicycle Plan, the second award received for the plan so far.  Several attendees and at least one Commissioner noted the irony that as the City of Emeryville starts to reap awards for the new Pedestrian Bike Plan, the City is busy removing bike/ped paths.  If the ECCL path is indeed not built, it will be the second such path removed by the City in recent months.

Commissioner Sean Moss seemed to disagree with his colleague John Scheuerman who stated a wish to someday see a path there.  Mr Moss suggested there is simply not enough space for a bike/ped path on the site now or in the future because it would constrain an existing pool deck he said as he cast the deciding vote, killing the ECCL path.

At an earlier City Council meeting, Council member Jac Asher said the ECCL path should be built now.  Otherwise, she said the ECCL path will not be built for decades because the School District and the City have borrowed the maximum amount of money legally possible and that the school construction bonds Series A through C must be paid back before more can be borrowed to build the path. She noted if not now, it likely will never be built.

The issue of the Center of 'Community' Life now goes before the City Council one last time September 3rd.  The votes tonight could be overturned by the City Council at that time.

School District Goes Rogue Over Bike/Pedestrian Path

Bike/Pedestrian Path Putsch

School District to Emeryville Residents:
You Are Not Respected, 

"Bike/Ped Path Never Rose to a Level of Priority"

Opinion
Emery School District's chief architect for the Center of 'Community' Life, Mark Seiberlich, said it all on July 25th when, speaking for the District, he told Emeryville's Planning Commissioners the bike/pedestrian path associated with the project "never rose to a level of priority" for the District.  Meaning that they never took the required ECCL path seriously when they designed the school/community center.   

That quote, seemingly innocuous in its banality, hidden amongst more demonstrative testimony at that meeting, was really a remarkable admission.  It was an admission of insubordination from a retrograde public agency.  For those paying attention to Emeryville politics, hip to Emery's intransigence, it was like one of those incriminating utterances, an ah-ha moment picked up from a bugged East German dissident's apartment a Stasi official might listen years for. 
  
Mark Seiberlich's utterance about the bike/ped path not rising to a "level of priority" is remarkable in that it gives up the game, really.  Because all this time, the School Board has been assuring us that they want what we want; they're working in the community's interests.  But Mr Seiberlich tells us all what the real program is with the Center of 'Community' Life: Emery is not really legitimate, it's a rogue independent agency, driven by something not known but not good, posing as a school district.

Everyone Has Told the District to Comply

Emery School District to the people of Emeryville:
It's our way or...you can go here

How rogue has the School District gone?  Consider that they have totally snubbed all the authorities in Emeryville; everyone and everything charged with deciding about this issue.  Emeryville's new $200,000 Pedestrian/Bicycle Plan and the $4 million General Plan requires the ECCL path, but the District challenged it..... and then they got their answer: The Bicycle/Pedestrian Committee twice voted unanimously for the path...and then the Planning Commission twice voted for it...and then the City Council voted for it.  The insolence is astounding; they were officially told by the City Council to build the path but obliviously onward they march.   A real public agency working on behalf of the public, at this point would comply, but not Emery.  They're moving forward with the Center of 'Community' Life without the ECCL path, the democratic institutions and the people of Emeryville can all go to hell.

Our School District thinks its not beholden to the people of Emeryville.  They think they're above the democratically institutionalized deliberative process.

School District to the people of Emeryville:
'We got your bike/ped path right here'

It's now obvious that School Board members together with District officials met in private and schemed this plan, now turned into a putsch, many months ago.  They added up their votes on the City Council, 3-2 they figured.  They calculated the Council majority would give in to their commands to not force this path.  But they miscalculated.  The Council voted 3-2 alright but three said NO to the School Board and yes to the path.

As City Hall prepares to give the School District $21 million of our money to build this Center of 'Community' Life, we need to push back.  We need this bike/ped path built and all the other things the School District is taking away like the 53rd Street Greenway and the 47th Street 'Green Street'. We'll have our chance when the Planning Commission meets again to see the latest anti-bicycle & anti-pedestrian ECCL design on August 22nd.   Perhaps the Planning Commission will have the fortitude to again one more time, tell a brick wall to build the ECCL path and respect the people of Emeryville. 

Group Photo:
(left to right) The Emery School Board,
 the Superintendent of the Schools and the
management staff of the Emery School District 

   

Planning Commission Throws Back Center of 'Community' Life

Planning Commission: Major Problems 

With School District Plan

Planning Commission shocks School District with numerous criticisms of Center of 'Community' Life.

At Thursday evening's nearly four-and-one-half-hour-long Planning Commission meeting, the Planning Commission did not approve the joint City-School District's Emeryville Center of 'Community' Life (ECCL) application.  Each of the five non-recused Planning Commissioners in attendance expressed various concerns, some reaching existential proportions, about the current design of the ECCL project forcing the applicants to return next month with an improved design.
After the School District's architect Mark Seiberlich told the Commissioners the bike/pedestrian path associated with the project along the western border "never rose to a level of priority", the Commissioners were near unanimous in their disapproval of the District's lack of deference for Emeryville's General Plan.  Specifically and especially, the project's abandonment of both the proposed bike/pedestrian path and the proposed 53rd Street Greenway along the northern border were pilloried by the majority of Commissioners. The inadequate 'community commons' part of the project was also singled out for scorn.

City Staff, confident that Thursday night would be a rubber-stamp approval,  had only prepared a resolution approving the project and so at one point in the meeting when a majority of the Commissioners seemed willing to simply deny the application, they were unable to do so as no resolution rejecting the application had even been prepared.


There were two major actions before the Planning Commission regarding the ECCL Thursday evening. First, as the City Staff Report explained, as a Responsible Agency under the California Environmental Quality Act (CEQA), the Planning Commission was to reach its own conclusions regarding the project's compliance with CEQA based on their own independent judgment and analysis.

 Commissioner John Scheuerman
The lack of space at the
ECCL project is "troubling"

Second, the Commission was to consider granting various permits needed for the project to move forward, such as a tree removal permit, a permit allowing the building heights to exceed 30 feet, a permit allowing fewer on-site parking spaces than the minimum normally required, and a general use permit and design review. Commissioner Kairee Tann mentioned at the outset that the residence she owns is within 500 feet of the project site and so she was recusing herself.

At a previous study session held by the Planning Commission, several Commissioners had expressed concerns that the San Pablo Avenue site was too small to accommodate the proposed wide range of uses by so many students and community members. Planning Director, Charlie Bryant, started the evening off by trying to rein in these sorts of comments by admonishing the Commissioners regarding precisely what was before them, stating that any concern that there "is too much stuff crammed onto the site" is not within the Commission's purview, but then he had to admit that to the extent that any such concerns did affect any of the discretionary permits that were before the Commission, that then such issues were fair game.  The warnings from Mr Bryant didn't stop Commissioner Gail Donaldson from piping up, "This project has undersized facilities...minimal community spaces. Everything is squished together."  Collegue John Scheuerman joined in, "It's troubling" that there's not enough space to follow the General Plan he said.

ECCL Architect Mark Seiberlich:
"The bike/pedestrian path was never ignored
[during the design phase] but
it never rose to a level of priority".

Commission Unimpressed With District's Environmental Analysis
When it came time to discuss whether the District's environmental study for the contentious project, called the Initial Study Mitigated Negative Declaration (IS /MND) adequately identified environmental impacts and whether its analysis was adequate, Commissioner Gail Donaldson expressed concerns that 53rd Street had numerous traffic safety issues, calling it "a nightmare of conflicts between bicycles, pedestrians, turning cars, and people that are impatient, angry, and backed-up and stacked beyond what the capacity of that intersection is."  Commissioner John Schuermann responded that, "I definitely share that concern... I'm really uncomfortable that it hasn't been addressed and I do see a lot of conflicts." Chair Vanessa Kuemmerle then added, "I also see conflicts.  Especially with the queuing and also left turn lanes... I don't feel like the traffic was adequately addressed in the initial study.  And there are definite bike-pedesrian-vehicle conflicts."

Then one of the District's consultants, paid to produce the Initial Study, rose to respond that, "With regards to the turnaround, just keep in mind, in the mornings with drop-off, folks when they drop their kids off aren't lingering, there'd would be a lot of movement at that point. You let your kid out.  They shut the door.  You move on... This layout would work in addressing drop-off."

This provoked such guffaws from the parents in attendance that Chair Kuemmerle had to ask the

audience to quiet down and only whisper to themselves.  As parents know, drop-off at the existing Anna Yates Elementary School on 41st Street, especially for the youngest children, is rarely as quick and simple as consultants might like to imagine.  Kindergarten parents almost universally go with their children onto the campus, especially during the first months of school, and may stay with their child on campus until the bell rings at 8:27.  Currently the end of Salem Street closest to Anna Yates' 43rd Street entrance fills up with the cars of parents who are walking onto campus with their children.  The 41st Street entrance also sees its parking spots in wide use during drop-off and pick-up.  Yet somehow consultants who seem to know nothing about what the parents in our District actually do assure us that parents dropping off at the ECCL will barely slow down to a complete stop as they shove their children out the doors and speed away.

City Staff Fight Hard for The Project
Chair Kuemmerle also raised the issue of the failure of the proposal to be consistent with the General Plan's call for a bike/ped path along the western edge of the property, since part of the CEQA checklist asks whether  the project would conflict with any applicable land use plan, including the general plan, adopted for the purpose of avoiding or mitigating an environmental effect.

Planning Director, Charlie Bryant, spoke up on behalf of the applicants again, arguing for the view that being inconsistent with the General Plan in this respect does not create an environmental impact, simply because if there is no path there now, then not having one in the future could not negatively impact the environment.  Somehow Mr. Bryant could not fathom that one good reason for including the path in the General Plan, at the site of a Community Center that, if successful, would dramatically increase the number of community members traveling to and from the site, was because failure to do so would have the detrimental environmental impacts created by all those additional car trips to the site, and the greenhouse gases and other harms they would cause.

It was clear that a majority of the Commission wanted to reject the IS/MND as inadequate, so Planning Director, Charlie Bryant, then rallied to the project's rescue, and read from the state CEQA guidelines to say that the Planning Commission's only options were to 1) Take the School District to court 2) be deemed to have waived any objections 3) prepare a subsequent Environmental Impact Report (EIR) if permissible, under another section or 4) Assume the Lead Agency role. Bryant then said he did not know whether the last two options were applicable and said that the Commision's choices were basically either to approve the IS/MND or sue the School District.  The Tattler was unable to determine whether Mr. Bryant was wearing an "S" on his chest and had donned a cape for this performance.

Commission Chair Vanessa Kuemmerle
The 'community commons' area is dark &
foreboding. "It could be called the 
'community canyon'."  Also, "It looks 
like a hamster cage"

Assistant City Attorney, Michael Guina, then jumped in to state that essentially the Commission had to either approve the IS/MND or sue the School District, adding a halo of gravitas to the claim.  It was particularly bewildering for onlookers to watch as the attorney for the City, which was the applicant with the School District for this project, gave legal advice to the Planning Commission who had just made it clear that a majority of them were inclined to adopt an adverse position to the applicants. This conflict of interest never seemed to trouble City Staff and the pressure they applied had its desired result.  Faced with the unappetizing option of having to figure out how a group of volunteer citizens serving on the Planning Commission could sue the School District, the Commission backed down and voted 4-1 to approve the IS/MND.  As the Commissioners voted, one could almost feel the weight of the City's thumb pressing down on them.

Community members had previously provided critical comments on this IS/MND, also found it inadequate.  While it was likely nice for these commenters to learn that a majority of the Planning Commission shared many of their concerns, it was equally distressing to see the will of the Commission thwarted by City Staff.

Commissioners Hold Their Noses During ECCL Design Review
In what followed, the Commissioners explained the remainder of their concerns about the ECCL project, centered around its lack of the Bike/Ped Path on the western edge of the property, the traffic problems on 53rd Street which they felt should have more of the features of the Greenway described in the General Plan, and the "Community Commons" which was intended to serve as the K-5 play area as well as an after-school community space, but which Commissioners felt was, as currently designed, achieving neither function well.

Thwarted by City Staff once more, since Staff had not prepared a resolution denying the permits, and since Staff seemed incapable of drafting a resolution reading "Application denied." on the spot, the Commissioners instead took a two-fold approach.  First, they worked on a list of conditions of approval they would want added to the project, if it were to be approved, and second they decided to continue the discussion at next month's meeting, giving the applicants time to improve the design in the areas mentioned.

The Tattler expects to provide follow-up stories with more details on this remarkable chapter in the apparently unstoppable march of the ECCL project.  Watch where you step.

Residents vs School District: Pivotal Planning Commission Meeting Thursday

Meeting Thursday 6:30 

Are We to Have a General Plan?

Opinion/Announcment
In most cities, the desires of the local school district are the same or close to the same as those of the citizens.  Here in Emeryville however we've got a school district that's so single minded, so dogged in its pursuit of its ill conceived vision of the Center of 'Community' Life, the concerns of the residents have taken a back seat.  From the shutting down of citizens interested in saving Anna Yates Elementary School to the sneaky and budget busting Capital Appreciation Bond construction financing, this district has sought to end run around the interests of Emeryville residents.

Now comes the final push.  The School District is trying to squeeze fit the Center of 'Community' Life, a project too big for the cramped San Pablo Avenue site...it's busting at the seams and its violating our General Plan.  The whole project is spilling out along its perimeter, ruining General Plan identified quality-of-life amenities.  On the north side of the project for instance, the proposed 53rd Street Greenway is being compromised by a major shrinking down of the proposed wide sidewalk, destroying its capacity for benches, planters and other planned amenities.  The 53rd Street Greenway is proposed to be as pedestrian friendly as the popular 'Emeryville Greenway' on the north side of town.
The Center of 'Community' Life is also ruining the proposed 47th Street 'green street', again a pedestrian and bike friendly thoroughfare on the south side of the project and the proposed bike/pedestrian path along the west border is to be simply removed.  All these resident amenities are prescribed by our award winning General Plan but they all going to be dramatically shortchanged  by the Center of 'Community' Life because there's not enough space on the site and because the School District thought it could get away with acting the bully.

The General Plan is our plan and it's being wholesale abandoned.  The General Plan is a good plan and we should ask the Planning Commission to simply recognize this.  The Center of 'Community' Life can be built in harmony with our General Plan and that's what we should tell the Planning Commission.

The Planning Commission needs to hear from us.  Please attend the fateful meeting today at 6:30 at City Hall.  Please speak up and add your voice to those who want a beautiful and pedestrian and bicycle friendly Emeryville.

Thursday July 25 6:30 at City Hall

the Planning Commission wants to hear from you

The existing 'Emeryville Greenway' 
the 53rd Street Greenway is supposed to be as nice