Broken Glass at the Emeryville Bank of America

Petty Criminals Mix It Up With

Vicious Felons In Emeryville

Broken Windows at Emeryville Bank of America
Petty criminals engage in misdemeanor
lawlessness in our town.

"A country's conscience sometimes has to be triggered by some inconvenience." 
- President Obama

Opinion
Many residents have watched with alarm over the last several days as Emeryville has been the site of large protests over police shooting of unarmed black men across the country.  Angry protesters have engaged in misdemeanor window breaking of businesses while other more vicious felonious criminals have ensconced themselves in our town, defrauding Emeryville residents, stealing people's retirement savings.  Many of those committing the misdemeanors have been arrested while the felons have not yet been brought to justice, it's interesting to note.
San Pablo Avenue served as a stage for a battle Tuesday night with petty protester criminals targeting these larger sociopath felons as they broke every window at the local branch of Bank of America.

Other businesses had their windows broken by protesters and there was some vehicle damage Emeryville police said.
Here at the Tattler, we applaud all peaceful protesters, certainly those who cannot countenance the deplorable and growing culture of police brutality against black men in our country.  To block traffic is an acceptable (and effective) tactic for protesters.  However, the destruction of private property is not acceptable in furtherance of this lofty cause...with one notable exception.

Fines But No Jail Time For Criminal Perpetrators
at Bank of America 
This criminal enterprise in our midst continues on
with their felonious behavior, unabated.  

Proportionality?

Emeryville Police Warn of "Severe" Flooding

From the Emeryville Police Department:

Advisory: Severe Rain/Flooding in effect for low level areas of Emeryville thru today and tomorrow.

Citizens and Visitors of Emeryville please be advised of severe rain and flooding of low levels through out Emeryville. Debris from trees have fallen and numerous cars have stalled out in standing water throughout the city.

Drive Slowly, use your headlights, traverse water at the lowest perceived levels or avoid standing water if possible.

Be aware of the high winds and avoid being outdoors if possible.

Please keep all pets inside.

The heavy rains are due to last through today and in to tomorrow.

Take necessary safety precautions.

For non-emergency questions, call Emeryville Police (510) 596-3700

For emergencies call 911.

City Hall Releases Community Message in the Wake of Protests

After a fourth night of protests in Emeryville, City Hall released the following community message:

Wednesday, December 10, 2014 – Community Message

Last night, at approximately 11:50 pm, a group of demonstrators estimated to be between 300 and 500 participants entered Emeryville. The demonstration originated in Berkeley earlier in the evening, moved into Downtown Oakland, then proceeded into Emeryville via San Pablo Avenue.

The Emeryville Police Department initiated its operational plan, designed to safely and effectively facilitate the movement of the peaceful demonstration through the City, in anticipation of the demonstration moving into Emeryville.

Up to the point the demonstration entered Emeryville, there were relatively very few reports of vandalism along the route; however, as the crowd moved northbound on San Pablo Avenue in Emeryville, small factions of the crowd damaged and looted several businesses including the Pak-N-Save, CVS, Bank of America, and 7-11.

The crowd then moved onto 47th Street, where several vehicles were vandalized, before moving out of Emeryville and into the City of Oakland where the crowd ultimately dispersed. The Emeryville Police Department is working with other police agencies to identify and arrest those demonstrators responsible for the vandalism that occurred last night.

The City of Emeryville wants to assure Emeryville residents and businesses that our Police Department is prepared to address any disturbances that may arise from these continuing demonstrations, while reiterating that the mission of the Police Department is to focus on facilitating the peaceful and safe movement of demonstrations in our City.

To aid our Police Department, the City asks that Emeryville businesses make sure to update their emergency contact card and be prepared in case of vandalism to have someone available to respond to secure your business. Please contact Emeryville Police at 596-3700 for non-emergencies and 911 for emergencies.

Emeryville Police Department Notice to Residents

From the Emeryville Police Department:

Important message regarding recent protest activity in Emeryville

Tuesday, December 9, 2014 – Community Message 

The City of Emeryville wants to assure Emeryville residents and 
businesses that our Police Department and other City staff is 
prepared to address any disturbances that may arise from the 
continuing demonstrations that have recently occurred in the 
area. 

 

Yesterday evening, the advance of 1,000-1,500 demonstrators on 
I-80 was halted by the California Highway Patrol (CHP) at 
Powell Street in Emeryville.  CHP reports that over 150 
individuals involved in the confrontation on the freeway were 
arrested and moved off the freeway to a safe area behind the 
Powell Street Plaza where they were processed for transport to 
Santa Rita Jail in Dublin, while the freeway was reopened at 
approximately 9:58 pm.  

At this time, approximately 500 demonstrators moved to our 
City streets and Emeryville Police requested mutual aid and 
several agencies responded. The demonstration lasted from 
approximately 9:30 pm to midnight.  
At all times while in 
Emeryville, the crowd was generally peaceful and non-violent; 
however, from midnight on, there were a small handful of 
individuals who were spray painting buildings, throwing glass, 
overturning dumpsters and setting fire to dumpsters. 

 We hope that any future demonstrations remain peaceful. 

As is 
their mission, Emeryville Police will continue to facilitate the 
safe and peaceful movement of demonstrations in our City.  To 
aid our Police Department, the City asks that Emeryville 
businesses make sure to update their emergency contact card 
and be prepared in case of vandalism to have someone available 
to respond to secure your business.  Please contact Emeryville 
Police at 596-3700 for non-emergencies and 911 for emergencies.  

Emeryville Police will continue to work with other jurisdictions 
in the region to continue to keep this community safe and 
facilitate peaceful protest.

Center of 'Community' Life Press Release Featured in Oakland Tribune

An Emery School District press release posted in today's Oakland Tribune:

Emeryville: $90 million project combines schools, city services By Doug Oakley doakley@bayareanewsgroup.com EMERYVILLE -- This little city wedged between Oakland and Berkeley is combining its school system with city services in a $90 million project that will offer K-12 education, health, and recreation all in one spot. Construction on the city-schools partnership, called Emeryville Center of Community Life, started about a year ago, and when it is completed will include elementary and high schools for 700 students, a public swimming pool, a health clinic, a library, a recreation center and teen and senior centers. "It's a big deal for this little town," said Emeryville City Manager Sabrina Landreth. "The whole idea is to wrap our arms around residents from infants to seniors." Landreth said the project on San Pablo Avenue, between 47th and 53rd streets, has been in the "vision stages" for about 12 years and once carried a $200 million price tag. She said the city, which has about 10,000 residents, had to get a state law passed to allow the school and community centers to be used and financed together. A gymnasium and the swimming pool will be finished next summer, and the high school, called Emery Secondary School, will open in November or December 2015, said Landreth. High school classes currently are held in Oakland's Santa Fe Elementary School on 54th Street. "The priority is to get the high schoolers in as soon as possible," Landreth said. "The elementary school will open in the spring of 2016, and the library, the city's first, will open sometime around summer or fall of 2016." Classes for K-8 grades are currently held at the city's Anna Yates Elementary School on 41st Street. Landreth said the school has entered into a partnership with LifeLong Medical Care to run the health center. "Eventually, that will be a full community wellness center," Landreth said. Emeryville schools Superintendent John Rubio said the school district is putting about $70 million toward construction of the project and the city the remaining $20 million. Emeryville voters in 2010 approved property tax-funded bonds that will cover construction costs, Rubio said. And unlike other school districts who guard their schools from students living outside the area, Emeryville takes all-comers, Rubio said. Sometimes up to 75 percent of the city's students come from Oakland, he said. "They do have to get permission from their home district to come here, because we welcome them if we have the space," Rubio said. "If there are families that believe their children might be more successful at one of our schools, then we're open to it." Contact Doug Oakley at 925-234-1699. Follow him at Twitter.com/douglasoakley.

Protestors Hit Bay Street/Powell Street

From the Emeryville Police Department:

On Monday night at around 9:30 pm, 500+ protesters marched in the area of Bay Street and Powell Street Plaza.

500+ Protestors marched from Berkeley and Highway 80 into Emeryville. The protestors entered into our city at around 9:30 pm and tried several times to enter onto I-80. Emeryville Police called for mutual aid and are still monitoring the situation.

Councilman Brinkman's Swan Song

'We've Had Enough of Families & Bikes,
 Thank You'

Opinion
After five long years on the Emeryville City Council forwarding contentious policy, including a bait and switch drive he led to subvert a citizen ballot initiative to remove a regressive business tax cap, Councilman Kurt Brinkman finally stepped down Tuesday night.   But not before he took the chance to engage in one last incoherent Brinkmanesque diatribe:  "We talk about friendly family [sic] we also have to remember there's lots of people without families and they to need to feel like they're involved" the retiring Councilman said.  An interesting take given Emeryville has been building virtually nothing but housing for singles for years now leading to a crisis for the schools because of a lack of family friendly housing identified in the City's own documents.  

Young Council hopeful
Kurt Brinkman

The sentiments aired Tuesday night were in line with Councilman Brinkman's five years of failing to deliver on family friendly housing but they sounded funny coming seconds after a reading of a farewell Resolution penned by his fellow Council members extolling his work on the Council providing such housing.  
We're not sure which is more outrageous, Mr Brinkman's tone deaf comments warning Emeryville residents that the town must be made safe for singles or his colleague's insistence that Councilman Brinkman has worked diligently during his term to provide lots of family housing.
Tuesday's farewell served as a curious bookend to City Council candidate Brinkman's interview with The Secret News five years ago, wherein he explained he would be a family friendly Council member if elected, and that building family friendly housing is critical in Emeryville. 

Kurt went on to remind everyone that bicyclists are persona non grata in Emeryville, "We need to have a town where you can walk to work and walk home at night", again sentiments backed up by his (anti-bike) actions on the Council.  
While it would have been audacious, given his record, if Councilman Brinkman had stated bicycling should be an acceptable way of commuting to work in Emeryville along with walking, we find it bizarre that the Councilman, as he takes his leave, is so willing to have his final swan song be that 'we've had quite enough of bikes and families in Emeryville thank you'. 

Council, Staff Fear Looming Public Backlash Over Horton Street Bike Blvd

Fear Not:

 Base Public Policy on Measurable Metrics, Deliberative Process

Horton Street Backlash To Be Expected

'Complete Streets' Idea Won't Be Stopped

News Analysis/Opinion
After nine years planning, last week the Emeryville City Council directed the Public Works Department to install temporary bollards on Horton Street meant to slow down vehicles and to make the street so difficult to traverse, frustrated drivers will seek other streets for their north/south travel through town.  The idea is to make Horton Street inefficient and unpleasant for drivers.  And if that doesn't work, if drivers still continue to use Horton as a through street for commuting, frustrating as it is soon to become, then the Council will finally divert all through traffic off the street except emergency vehicles and bicycles.
We can see it now: drivers, residents among them, will be frustrated and angry.  A mob will descend on City Hall, yelling at the Council, angrily demanding the street be made whole once again for drivers.  There will be threats of recalls of Council members.

Passions always run high when people feel something is being taken away from them in the public commons.  It's to be expected.  Because streets belong to everyone, while the drivers will be yelling and screaming, another part of the public with equal access to the commons, bicyclists, will be made whole by the Horton Street traffic calming.  And all will be good; proper deliberative procedure will be done and democracy will be served.

Triangle Traffic Calming Analogue?
In the meantime, the fear is palpable at City Hall.  Council members, Staff alike are adamant, 'we don't want a repeat of the Triangle Neighborhood traffic calming debacle', they've said.  What they're fearfully conjuring is when City Hall attempted to slow down and divert speeding cut-through traffic in that neighborhood some years ago.  It was precipitated by resident anger over the speedways that had become the streets there and finally reached a coup de grace with the death of a child to a speeding car.

Temporary Traffic Calming
A few of these sand filled
barrels in the
Triangle Neighborhood
streets brought
pitchforks and torches
to City Hall.

The Triangle traffic calming began like the Horton Street traffic calming: with a plan, a public vetting and a vote of the Council.  It all happened in a nearly year long deliberative process, the public encouraged to attend the several Saturday meetings held at the Senior Center.  Many Triangle neighbors did attend and did help plan the traffic calming for their streets.  Many more couldn't be bothered.  Finally the plan was agreed upon.  Then came the temporary traffic bollards, put up to study the effects and to see if the problem had been solved by implimentation of the plan.  And right on cue, after the bollards went up, the angry mob came down...down to City Hall with their recall threats.

This was all too much for every Council member, save John Fricke.  The rest of them, worried about their re-elections or outright recall, withered under the threats and yelling and the year of deliberate and methodical study to calm traffic by responsible Triangle neighbors was flushed down the toilet.  The neighborhood yellers and screamers won.  The ones inclined towards good governance lost.
Later, after much consternation, a less invasive traffic calming solution was finally devised.

So we know an angry mob is coming to City Hall after the bollards go up on Horton Street.   But what should we expect of responsible elected public officials in response?  Should we expect them to react, to flush good governance, to selfishly move to protect their job in the face of the yellers and screamers?  Or should we expect them to do their job?

The difference with the Horton Street traffic calming, besides the nine years of study conducted, is the plan.  Whereas the traffic calming for the Triangle neighborhood had a plan produced by a city planning firm commissioned by the Council,  the Bike Plan ensconced at City Hall that is dictating the parameters of the Horton Street traffic calming, has the (defacto) force of law.   The City Council is free to amend the Bike Plan but they're not free to ignore it.  And if they buckle under the onslaught of an angry mob, they will have to amend the Plan to reflect that.

Only Two Choices Available
The Bike Plan dictates that the Horton Street Bike Boulevard have no more than 3000 vehicle trips per day, a number far lower than currently uses the street.  This fact is what is driving the traffic calming now being sought.  The Plan describes remedies to frustrate drivers and make them select different streets, leaving Horton below the 3000 mandate.  If however the Council decides to give in to the driver's demands, they have two choices:

1. Raise the number of allowable drivers on Horton street, or 
2. Eliminate its bike boulevard status altogether and return Horton to a regular street

If the Council moves to raise the Bike Plan's 3000 vehicle trips metric for Horton, they will be up against an increasing East Bay bike commuting coalition that will not take to that calmly.  Already, the 3000 number is higher than that of Berkeley or Oakland.  Those cities have bike boulevards that call for no more than 1500 vehicle trips per day.  During the formulation of Emeryville's Bike Plan, the 3000 number was a concession to the business community.  Any move to raise that already high number will be met with resistance.  And that resistance would be well founded.  A bike boulevard with more than double the surrounding cities ceases to be bike boulevard in anything other than name.  And of course there's also the original reason for having low numbers of cars on bike boulevards: because high numbers are unsafe.

Asphalt Grinder
One of these would
make short work of the
Horton Street Bike Boulevard
stencils... and
Emeryville's reputation.

If the Council moves to amend the Bike Plan to eliminate the Horton Street Bike Boulevard altogether, they will have to grind off the existing stencils on the asphalt proclaiming the street to be a bike boulevard.  Also, they'll have to take down the many purple signs now identifying Horton Street as a bike boulevard.   The press will be there for that, the Tattler among them, photo documenting the workers grinding off the stencils and taking down the signs. The resultant photos would make for some embarrassing moments for City Hall we imagine.  It wouldn't be a high water mark for Emeryville public relations among civilized cities, never mind the notion of good governance.

The problem is going to get worse for those who champion driving in Emeryville, those who balk at the idea of 'complete streets', streets designed for everyone to use.  We expect this problem to extend to other bike boulevards in Emeryville as we continue to add new apartment buildings and thousands of new residents.  The other bike boulevards also will be under existential threat as they also experience too much vehicle traffic.  Those other bike boulevards it should be noted, are allowed only up to 1500 vehicle trips per day as the Bike Plan dictates.

Moving forward, decision makers need to stick to the cogent, measured and rational policy that our Bike Plan delivers.  We need to force any Council member that waivers on Bike Plan implementation to show us their alternate solution.  Would be decision makers, too, shouldn't be given a pass.  If they propose to not implement the Bike Plan as City Council candidate John Bauters recently did, we expect them to show us which of the two choices; increase the allowable vehicle numbers or the elimination of the bike boulevard status, they support.

To the yellers and the screamers that we know are coming to City Hall, remember, the City Council's two choices elucidated above are your two choices as well.  It's OK to yell and scream but we want to hear your solutions.  Which one of the two choices will it be?

Are asphalt grinders in our future?  We think the last election has settled that question most likely.  Every City Council wanna be says they support our Bike Plan in their campaign literature and in televised debates every two years.  We think the newest Council members actually do support biking.  The asphalt grinders will likely stay in their garages.  Bring on the yellers and screamers.  It's all good.  Let's have some lively democracy in Emeryville.

Coming soon to the Emeryville City Council chambers.

Ferguson Decision Protestors in Emeryville

Last night, protestors railing against the Grand Jury decision regarding the Ferguson MO police officer shooting of an unarmed man, took to the streets in Emeryville.
From the Emeryville Police late last night:

Advisory: 200+ protestors at 43rd and San Pablo. Protestors

are blocking traffic, causing small fires and vandalism.

At around 11:30 pm, over 200 protestors have marched north on San Pablo from downtown Oakland up to 45th and San Pablo. They are blocking all northbound and southbound traffic on San Pablo. The protestors are starting small fires and throwing rocks and bottles. Police are holding the line.

Contact Information: Jeannie Quan  Field Services  510-596-3706  jquan@emeryvillepolice.us

            

Housing in Emeryville Faces Big Change

New 'Housing Element' 

+ New Council Majority

=  Big Change

News Analysis/Opinion
A funny thing has been happening in Emeryville over the last 20 years; as the city has experienced tremendous residential growth, virtually none of it has been anything like what everybody in town says they want.  Strangely, even the City Council members themselves, the ones charged with approving residential housing development, even they say they don't want the kind of housing that keeps getting built here.
Without getting into the obvious political dysfunction if not outright prevarication regarding what the Council members say they want (loudest at re-election time), the backwards universe described above now appears to be ready to crumble.
Two vital game-changers have entered the scene in Emeryville: a new 'Housing Element' and a new progressive City Council majority.  Working in tandem, these two forces are going to mean Emeryville residents will likely get the kind of housing they really want finally.  The old days of developers having a free hand, regardless of whatever some pesky official documents at City Hall say, are likely over.  What we say we want and what we get are likely to be a closer match from now on.

The Housing Element
Bound for a dusty shelf
until the November 4th
City Council election.

The new Emeryville Housing Element, certified by the City Council on November 18th, is compiled by a professional urban housing firm, the Housing Committee and the Planning Commission that takes account of the existing housing conditions and establishes housing goals and implementation actions.  The new Housing Element is part of Emeryville's General Plan and it's the final word on housing in Emeryville until 2023.


The document doesn't mince words as pertains to the housing need side of the equation.  Central to that is a goal of more affordable family friendly housing for Emeryville.  Developers have been building too much market rate housing for singles in Emeryville the Housing Element says and our town hasn't been well served by a City Council majority that has been unwilling to effectively plan for the future.  The new Housing Element isn't alone in this assessment, Homayra Yusufi at UC Berkeley's Goldman School of Public Policy authored a study, scathing in it's recounting of the baleful history of Emeryville housing highlighted by the Tattler in 2011: Building a Community: Affordable Family-Friendly Housing in Emeryville.   After the publicly embarrassing Goldman Study, the Council has moved forward a little on affordable housing, albeit in fits and starts,  but the Housing Element notes the need for affordable family friendly housing remains huge.

Here's some of the findings made by the Housing Element-

Existing Housing:

• 82%  of new housing is comprised of studios or one-bedroom units (52% increase 2010-13)
• 65% of occupied units are rental (47% increase 2010-13)

Housing Goals:

• Improve 'housing tenure' specifically for affordable family-friendly housing 
• Increase owner occupancy

Community Outreach:

The Housing Element uses data from a community workshop, a community 'roundtable' and an online community survey conducted in spring 2014.  The community reports the following needs-

• Emeryville needs more affordable housing for families with children
• Greater home occupancy rate (target 50%)
• Larger households
• More for-sale units and less rental units
• Retail associated with housing should be locally serving, locally owned, non-chain, non-'formula'

There's lots of expensive plans commissioned by the City Council gathering dust at City Hall.  The General Plan, the Pedestrian/Bike Plan, the Climate Action Plan and a plethora of neighborhood design guideline plans among them.  Some of Emeryville's plans have received awards.  Some of these plans have been done in order to satisfy State requirements.  Some were probably conducted with an eye towards imparting an aura of legitimacy for Emeryville, more to give the impression this town is as good as other towns with similar plans. The problem has been when there's a contest between a City Plan and a developer's desires.  The plans we have are no match against a developer with profit maximizing as his goal.  Then the plans remain on their respective shelves or they get amended to accommodate the developer (the Tattler has reported on this for the entirely of its near 5 year run).

Now something has changed.  In the wake of the recent City Council election, we think the Housing Element is going to be actually considered, as development proposals like the Sherwin Williams Project winds its way through the approval process.

The Sherwin Williams Project Can't be Built as Proposed
Sherwin Williams developer SRM Ernst wants to build a mostly residential project in the Park Avenue neighborhood with almost 500 all rental apartment units, all market rate with no guarantees about locally owned locally serving retail uses.  The vast majority of the apartment units are proposed to be studios and one bedrooms.
The Sherwin Williams Project as it is being proposed, will not be able to be built if the new City Council takes the Housing Element seriously.  Housing projects in Emeryville in the future not only need to be compliant on their own with the Housing Element, but they also further, need to help the whole city bring its averages towards the goals it postulates.   The Sherwin Williams project does neither.

CEO Joe Ernst
of SRM Ernst
Tell your friends
Joe, Emeryville
has changed.

It's easy to see how the Sherwin Williams developer could have gotten the project he wants if Emeryville hadn't had an election wherein we elected two new progressive Council members added to an existing one.   Without an election like what we had on November 4th, SRM Ernst would simply be given blanket approval for what ever they want, regardless of the new Housing Element.   Now, we're not so sure.  We think there's been a change in Emeryville.  CEO Joe Ernst of SRM Ernst is about to find this out.  Let's hope he tells his friends.  We want to attract a new type of developer to our town.  We want to see developers that aren't expecting carte blanche City Hall subservience from now on. The last few parcels of fallow land in Emeryville are going to be developed with a different operating system: a system with the residents in mind.  Sorry, Joe (and the rest of you).