RULE Meeting

R   U   L   E  
Residents United For A Livable Emeryville

Next meeting:  Saturday, January 26
10:00 - 12:00 
5514 Doyle St., Community Room, 1st floor

Bring breakfast snacks
Coffee and tea provided

Our agenda:  

• ECDC and Wellness Committee – Ruth Major
• Sherwin Williams site – Scott Donahue
• Update on Wareham – Bill Reuter 
• What kind of City Manager does RULE want? - Scott Donahue
• Emeryville Property Owners Association Ballot Initiative - Ken Bukowski
• Possible:  Urban Forestry and Historic Buildings initiative - Richard Ambro

Facilitator:  April Atencio
Future agenda items:
Remaining issues of RULE bylaws:  roles for Steering Committee members, for example
Baystreet Site B.....what's next?
Planning our agenda for 2013. In addition to working on the election, what are our other priorities? Some ideas include the remaining land to be developed in town;  ECCL and the city's debt;  tree ordinance/ urban forestry  and historic building preservation ordinance

Parking Crisis In North Emeryville

After 25 Years Of Unfettered Development Residents Can't Find A Place To Park 

& Now They're Angry

Who Could Have Guessed This Would Happen?

Opinion

The Emeryville city council majority has welcomed a 25 year reign of unfettered development, a 'hands off developers' philosophy that has earned the town the reputation in the region of being extremely business friendly.  The council majority that enabled this pro-business culture have always denied any associated negative impacts for residents as they carried on with their 'what's-good-for-business-is-what's-good-for-Emeryville' agenda.  But those days may be coming to an end.

After  the Emeryville Property Owners Association (EPOA) recent town hall meeting on parking in the north Hollis Street area, there's no longer any way it can be denied: residents and now even small businesses that rely on street parking can no longer reliably find parking spaces... and they're angry.  It's been an increasing quality of life reduction for residents that promises to get worse as the council moves to start charging money for on street parking.

Where's The TDM?
The problem stems from the rampant rate of development over the last couple of decades combined with a lack of Transportation Demand Management (TDM) practices to mitigate the problems brought on by all the cars associated with the new development.  Transportation Demand management practices are paid for by the developers and they lower the use of cars generated by the development by expanding transportation alternatives, providing incentives and rewards for employees for undertaking alternative transportation, imposing full-cost pricing on automobile use and other such measures.  These measures have been considered best practice solutions for urban parking by city planners since the 1970's...except in Emeryville.
It should be noted that councilwoman Jennifer West has been calling for mandatory developer paid TDM measures over the last couple of years.

The city council majority has been adverse to asking for developers to provide any TDM measures as they have approved project after project.  Twenty five year Councilwoman Nora Davis and her friends on the council have historically characterized any such requirements as anti-business and therefore illegitimate.  The parking crisis has been built up over the years in this way.

It's valuable to identify those public servants who have contributed to this mess. In addition to Ms Davis, councilwoman Ruth Atkin has been a reliable YES vote for the developers over the years as has newcomer and now mayor Kurt Brinkman.  EPOA founder and 20 year former councilman Ken Bukowski also shares in the blame even as he now screams from the sidelines about the parking fiasco in north Emeryville. 

No TDM, No Parking
It must be stated clearly, had a different council majority been in power over the decades, a council interested in leadership without an overt pro-business ideology, the residents wouldn't be in this fix.  Residents that may feel compelled to shake their fists at businesses and all the cars they bring as they search for a parking spot or as they start to pay for parking should know the real culprit here....  it's because the council didn't force developers to mitigate the negative impacts their projects have on the limited supply of on street parking.

Any idiot can sit back at the dais and say YES to what developers request.  Without a newspaper in town, it's the easiest thing in the world for a city council member to do.
We look for an accountability moment as residents circle for parking and start paying for parking, beginning in north Emeryville and spreading out from there.  Bad public policy should have consequences.

Wareham Welches On Deal To Save Historic Factory In Berkeley

Like Emeryville, the planning department at Berkeley city hall is allowing Wareham Development to run the table, at least in the West Berkeley Project area.  With an all-too-familiar bait and switch tactic, Wareham is now going to demolish the historic Heinz factory building in west Berkeley after having previously promised to save at least two walls of the building as they begin construction of a lab complex there.  
Many preservationists have noted the idea that historic buildings can be considered "saved" by allowing only a wall or two left standing and incorporated into a much larger new building is dubious at best.  But in Berkeley as in Emeryville, some developers can't even grant this meager concession. At Emeryville's City Limits condo project on 67th Street, only one wall was to be left standing from the original historic factory but that was later determined to be "too expensive" to save so the developer, Pulte Homes, was allowed to tear down the whole thing.  This determination was made by Pulte after the agreement was made with the city of Emeryville but before work began on the project.  Pulte told the city that saving the wall "won't pencil out" and that was good enough for City Hall.   
That Pulte and Wareham originally expressed desires to tear down their whole buildings is not considered to be enough evidence that the agreement between the city and the developer was entered into in bad faith apparently.  Developers it would appear, are always to be given the benefit of the doubt regardless that the raison d'etre of these development corporations is first and foremost the fiduciary duties to their shareholders.

Here is the Berkeleyside story on Wareham:

Wareham: Preservation of historic factory too expensive

January 18, 2013 9:30 am by Frances Dinkelspiel

Wareham Development will demolish the seismically unstable Copra Warehouse at 740 Heinz Ave. to build a new laboratory. Photo: Ira Serkes

Four years after Wareham Development proposed transforming a historic West Berkeley warehouse into a laboratory building, the company is seeking to tear down the entire structure instead of preserving two brick walls.

Construction costs have gone up and rents have declined since the city approved Wareham’s 2009 design for 740 Heinz and it is now too expensive to build around the rickety walls, according to Chris Barlow, a partner in Wareham, which is headquartered in San Rafael. It will be much easier – and cheaper – to build a new 100,000 square foot structure, Barlow told the Zoning Adjustments Board in late September.

ZAB approved Wareham’s application to completely tear down the Copra Warehouse, which was part of the Durkee Foods complex built in 1917. Jeff Kaplan, representing The Friends of the West Berkeley Plan, is challenging the approval. The City Council will take up the matter on Jan. 22.

“This seems like a very greedy move to me,” David Bowman told ZAB at the Sept. 27 hearing. “They got 98% of what they wanted in the process the last time. They did not follow through when they could afford it. Now they want to make it so it works better financially. That is not your duty.”

Wareham, which leases the building from Garr Land and Resource Management, already owns a number of other structures at its adjacent Aquatic Park Center complex. The developer has been trying to do something with 740 Heinz for more than 10 years. The building, which was designated a Berkeley landmark in 1985, is unreinforced masonry and is considered one of the most seismically unsafe in the city, according to a planning department report. In 2002, the city declared the property a public nuisance.

In 2009, Berkeley granted Wareham a variance to develop the property. In exchange for retaining the historic north and south facades, the city allowed the company to exceed the neighborhood’s height and story limit. While the bulk of the old factory was 34 feet high, one section went as high as 74 feet. The city gave Wareham permission to build a $52 million, four-story research and development structure that was 74 feet high and had a 49-stall underground parking garage. Wareham had to do an EIR as part of the development plan.

Wareham wants to modify that design, stating it is too expensive to build and will not provide an adequate return on investment.  Since 2009, construction costs have increased by 17% and rents for bioscience R&D have declined 15%, which together make keeping the two historic walls financial unfeasible, said Barlow. Now the company wants to build an entirely new $44.5 million structure with a two-story lobby with a green roof on the south side of the building. It has also asked to slightly expand the first, third, and fourth floors, but maintain the setbacks established in 2009, and eliminate the parking, among other changes.

“The only way to make (the building’s financials) feasible is to take down the two walls,” Barlow told ZAB. “Keeping them comes at a significant expense.”

The generally accepted industry threshold for an acceptable investment risk for this kind of project is 7.2%, according to a report prepared for ZAB. The old design would have given Wareham a 4.85% return, while the new design will generate a 5.86% return, which is still below the industry norm.

The Copra Warehouse at night. Photo: Ira Serkes

ZAB, in a divided voted, approved the new plans and decided that the changes were minimal enough that Wareham only had to do an addendum to the existing EIR rather than an overhaul.

The Friends of the West Berkeley plan are arguing that the amended EIR “was neither adequate, subject to public comment, nor was it certified in compliance with CEQA.” The group has also expressed concern that researchers will be doing synthetic biology in the new complex and that the amended EIR did not adequately review “potential risks to the surrounding environment and human health associated with laboratory use.” More than 30 tenants of the nearby building at 800 Heinz signed a petition against the new structure.

As recently as 1985, there were eight buildings or features of the Durkee complex still standing. The destruction of the Copra Warehouse means there will only be two left, the Durkee Building at 800 Heinz and the Spice Warehouse at 820 Heinz.

City staff is recommending that the City Council deny the appeal of the Friends of the West Berkeley Plan, stating that the changes proposed by Wareham in 2012 do not materially affect the project approved in 2009. The city stands to collect at least $342,500 from the building’s construction: $194,000 will go into the Housing Trust Fund, $48,500 will go in the City Childcare Fund, and the owners will pay about $100,000 in property taxes the first year, according to a city staff report. The building will also create 300 new jobs.

Barlow told ZAB that “there is no research space of this quality available in Berkeley now.”

Read the appeal and city staff report here.

Smoke A Joint, Pick Up Trash In Emeryville

The Debt: Smoking Marijuana

The Payback: Picking Up Our Trash

Opinion

Emeryville's problem

It can be said the people of Emeryville hate the sin but they don't hate the sinner.
The sin, marijuana smoking, is a bridge too far we Emeryvillians collectively say.  But even though we can't abide by those who flagrantly violate the law by smoking the demon weed, we're not without mercy; we will allow them to pay us back by picking up our trash.

Emeryville's solution

The program, the Alameda County Sheriff's Alternative Work Program (SWAP) brings law breakers into our town to pick up trash as a way for these violators to perform court ordered community service in exchange for reduced fines and jail time.  The Sheriff's office reminds us only non violent offenders are considered for the program that commonly draws those convicted of crimes such as DUI and possession of stolen property.  Possession of small amounts of marijuana also can make one a candidate for the SWAP program but not "big time dealers" according to the County.  Well, we're glad for that.

So next time you see a young man with SWAP blazoned across his orange vest picking up trash in Emeryville remember he could be a marijuana smoker and while we are dismayed at this kind of lawbreaking going on around us by these kids these days, we acknowledge the young man in orange is trying to make amends, he's paying us back for his abominable act.
We can feel good about ourselves that we're letting these people pick up our trash here in our town, for while we know marijuana leads to heroin, maybe just maybe with this program here in Emeryville, we're helping with interdiction; we're throwing a wrench in the gears of drug addiction...if not a wrench maybe some cigarette butts or an empty beer can or a Slurpee cup.

Emeryville is compassionate:
Work will set you free

Public Market Markets New 'Eco-Friendly' Remodel

From NPR radio station KQED:

Emeryville's Public Market Showcases Eco-Friendly Remodel

Tweet Share Email

by Katrina Schwartz | January 11, 2013 — 10:23 AM

Katrina Schwartz/KQED

Exploratorium artist Shawn Lani explains an exhibit demonstrating how bay sediment behaves.

Emeryville's Public Market is celebrating an eco-friendly remodeling, with interactive exhibits that show off its new features.  The site received a LEED platinum certification for neighborhood development for remediation work on what was once a toxic “brownfield,” as well as emphasizing sustainable operations, using recycled materials, installing a rain garden to filter runoff before it enters the Bay, and emphasizing public transportation and biking facilities.

Public Market has also partnered with San Francisco's Exploratorium to help teach visitors about the sustainability upgrades and about the natural world that surrounds the retail space.

An Exploratorium “explainer” is on hand, using a large glass wheel to show how Bay sediment would be affected by currents.  They are explaining that some sediments fall faster because of the different densities, which is why the wheel separates into all different colors.
 

Shawn Lani is a senior artist at the Exploratorium, and is responsible for the exhibits.  He says the displays leave the visitor more curious.

"We want these experiences to be haunting, we want them to have some residual," Lani says. "We call them an animated aftermath. This notion that there’s a vibrancy now that might not have been before, and you take that with you."

 

The exhibits are woven throughout the plazas between retail spaces.

It might seem strange to bring science to a mall, but this one is a pioneer in sustainability.  It's the first partnership between the Exploratorium museum and a private partner, a trend the museum hopes to develop. The displays at Public Market are also the first Exploratorium exhibits in the East Bay. 

Councilwoman West Addresses Parking Issues In Anticipation Of Big Saturday Meeting

Councilwoman West Offers Counter Narrative To Property Owners Group On Parking

In anticipation of this Saturday's Town Hall meeting sponsored by former councilman Ken Bukowski and the Emeryville Property Owners Association (EPOA), councilwoman Jennifer West offers alternative ideas about the contentious issue of parking in North Emeryville.  EPOA has been arguing for among other things, more free parking for businesses and residents, something we can no longer and should no longer supply according to Ms West.  

The following is from two entries about parking from the councilwoman's blog.  The bottom entry is about Saturday's meeting specifically:

Parking or "Where do we put all the cars?"

By Councilwoman Jennifer West

When I decided to run for City Council, I had lots of conversations with people in Emeryville concerned about traffic. I have written a few times about this, and yet, after 3 years on the council, I am not sure that the average person thinks things have improved. Consider that within the next 20 years, it is projected that the number of residents in Emervyille will increase from 10,000 to 16,000, according to our General Plan. Where are we/they going to put all those cars?

I have found a strong consensus through the transportation planning world about how plentiful, free parking actually encourages people to use cars when they otherwise might not; free parking is like a car magnet. Emeryville is different from our immediate neighbors to the north and south, in that public parking is free here. (Note that some private parking, like at our hotels and at Bay St. is not free.) I believe that free and unrestricted parking is part of the reason we have more cars here than we like. You should also know that we have 20,000 people working in Emeryville each day. They weigh many considerations as they decide how they will get here, including the direct cost to them of driving.


Several years ago (before I joined the council) Emeryville commissioned a study of the North Hollis area to look at parking issues and solutions, as the streets in this part of town are very often completely "parked up" on a weekday. Restaurants and businesses with customers who come and go have complained people can't find a place to park, and that this could impact their number of customers and sales. With off-street parking required to be provided for employees, why is the on-street parking so full all the time?

Wilbur Smith Associates, who completed the study, found that people will park where it is most convenient. With free unrestricted street parking, people will park there first, and when it is full, find another spot (maybe in a garage). Some people don't have access to off-street parking as it is private or don't want to park there as it is costly, and find themselves circling, looking for a spot on the street. With no time limits on the street, during the day there is very little turn-over of spots.

By limiting street parking in non-residential areas with a time limit, we can help people find spots that are meant for them. This is about managing parking, not just providing it. We can manage it with time limits or fees. Our hope is to first put limited time parking zones in places planned out by the study. Eventually, if the city puts in paid parking on the street, we could use the revenues (once capital costs are covered, which would likely be within 2 years) to fund additional pedestrian or bike improvements that would enhance the area for everybody. This is called a parking benefit district, where the use of cars and paid parking actually helps to pay for direct improvements. Right now we taxpayers are all subsidizing those who drive here and park for free.

Residents need to be protected from other users spilling over into the areas they depend on for parking. We have some areas with residential parking permit programs, and the city can support more if it is warranted.


What is important is to hear from the community regarding this pending change. I want residents to have residential parking, I want employees to have employee parking, and customers to be able to find customer parking. It is great if we can share parking, but I know we can manage the parking we already have better to be sure each type of user can have parking when and where they need it.

Emeryville is special in that we have a free shuttle provided by businesses, property owners, and our city government that gives us a ride to and from BART, the Emery-Go-Round. With over 1.3 million riders each year, Emery-Go-Round certainly keeps some cars off our streets. We can build on this service to further encourage people to get to Emeryville without driving their cars.

More Parking discussions, Sat 1/12 and Tues 1/15

By Councilwoman Jennifer West

The Transportation Committee meeting on December 11 at the Fire Station on Hollis Street was very well attended, thanks in part to the efforts of Ken Bukowski. We had about 30 people there: residents, property owners, and business owners. Many points of view were expressed, and quite a bit of concern about changes, as well as frustration about the current situation.

This issue is not an easy or obvious one to solve. Emotions run high when it comes to parking. Some expressed the "right" to park for free in front of homes or businesses. Some pointed fingers at other property owners who have not handled parking needs correctly. Some said that we do not want to be like Oakland or Berkeley where parking is too hard or too expensive. Others said that permit parking will be the future, sooner or later. Some said there are too many empty parking garages, perhaps because of the fees charged there. Some say that the public doesn't respect private parking for customers, disregarding signs. Although many say that these problems already exist, there was real fear that any changes will make them worse, not better.

I recognize that parking management is very complex. I do not believe that Emeryville has a parking shortage. I think that we have a parking management problem, and that we should try to make sure that each street has spaces for the users who have priority for that area. If you are allowed to park for free all day long in front of your house or business, then it will be very hard to prevent anyone else from doing so as well, or worse, instead of you.

On Saturday, January 12 at 10:00 am, Ken Bukowski is hosting a community meeting at the Ralph Hawley School site at Doyle St. and 61st St. to have the opportunity to talk more about parking issues in Emeryville. I am grateful that he is allowing me to address the gathering for 10 minutes. Please consider attending and sharing your point of view as well. His flyers talk about a parking plan in a limited part of town that the City Council is considering implementing, and will be discussing on Tuesday, January 15, City Hall, 7:15 pm. The plan has been waiting on the shelf for 3 years. It is a sensible plan with a phased approach and monitoring in place to see how changes that are put in place impact availability. It does not include paid parking in the first year or two, only later in the plan. The initial changes include limited time parking, with the painting of green curbs on certain blocks. Later in the plan there is also the possibility of residential parking permits and business/employee parking permits, if there is a need to support these uses.

I know that we all need to do our part to reduce reliance on cars, not only in Emeryville, but in the region, in the state and the world. It is a hard change to make for many of us. We have already committed to these changes with our state laws, such as SB375. Regulating on-street parking is one way to change people's behavior. Free parking actually costs all of us a lot of money in the long run.

Please consider joining me on Saturday morning, or on Tuesday evening. I welcome your comments.

Emeryville Police Chief Backs Ammo Bill

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

Nancy Skinner unveils bill to regulate ammunition sales

January 7, 2013 3:30 pm by Berkeleyside Editors

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

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

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

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

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

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

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

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

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

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

Property Owners Group Calls Town Hall Meeting

The Emeryville Property Owners Association has released the following notice advertising the Town Hall meeting they are hosting next Saturday.  The group wishes to alert the residents to possible negative effects of a new parking plan City Hall wishes to implement.  

510-214-5111 EMERYVILLE PROPERTY OWNERS ASSOCIATION www.epoa.us

TOWN HALL MEETING TO CONSIDER IMPLEMENTATION OF AGGRESSIVE

PARKING ENFORCEMENT PLAN

COUNCIL MEMBER JENNIFER WEST TO SPEAK IN SUPPORT OF THE PARKING IMPLEMENTATION PLAN

SATURDAY, JANUARY 12, 2013 11:00AM MEETING BEGINS - ENDING AT 12:30PM (OPTIONAL 10:00AM TO WATCH A VIDEO PRESENTATION OF THE PLAN)

RALPH HAWLEY SCHOOL - 1275 61ST STREET - EMERYVILLE Complete Details of the event, a copy of the Parking Implementation Plan, the video presentation of the Plan, and other associated documents are available at www.epoa.us

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The Emeryville Property Owners Association (EPOA) invites you to attend our first community meeting on an important community issue. The Parking Implementation “Plan” will have a major impact on the City which has not been properly considered.

Parking policies have substantial economic impact to affected businesses and residents, and other levels of inconvenience which should be considered prior to implementation. Council Member Jennifer West has accepted our invitation to explain why everyone should pay for street parking.

Everyone attending the meeting will have an opportunity to complete a “feedback card” to express your concern on this issue. The information obtained will be provided to the City Council for their Jan 15th meeting when moving forward with the implementation of this Plan will be considered. If you can’t stay for the meeting please drop by and complete a feedback card to express your concerns.

This Plan invades your right to the quiet enjoyment of an existing public resource by establishing a fee for such use. Such fee could easily be imposed for the use of a city park, or the cost of any city service now provided to the community.

This City can continue to look at necessary timed parking zones, and other parking controls on an “as needed basis” where each circumstance can be properly considered as it should be.

This is a new form of local taxation being imposed in Emeryville without public approval. It’s true, strict parking would be a new source of revenue. It has been imposed in neighboring cities. However, this is Emeryville where the people who live and is work here deserve more respect. Wilbur Smith was hired to come into Emeryville and prepare a Plan for the City without public input.

At stake here is the integrity of our public process. The City is imposing a plan to manage a pubic benefit essential to the well being of Emeryville businesses and residents without regard to impact and/or inconvenience.

.                        .                           .                   

The impact of this Plan will make it more expensive for employees of Emeryville businesses to work in the City, An unexpected new cost. Will it cause small Emeryville business owners and/or their employees to go elsewhere?

Emeryville enjoys continued added prosperity because of the unfriendly business practices in neighboring cities. Is it possible this Parking Plan could end up costing the City the loss of business and actually become a liability? .

This Parking Plan is being promoted by a major property owner who has abused the city’s ability to minimize the impact of new development on surrounding areas. The City failed to impose a specific requirement that parking, created for the use new buildings, must specifically be used for said purpose.

The environmental review for these new buildings included a false statement which inaccurately reflected these buildings would have “no adverse impact to the surrounding areas.” A statement made on the false assumption approved new parking would be used for the stated purpose.

Said owner provides no parking for tenants. The City has put the building owner in the Parking business. They charge $95 per month for parking to anyone who will pay the price. Employees who work in the new buildings use the less convenient street parking and thereby rob the surrounding areas of available public parking. Something Emeryville residents and business owners and employees have enjoyed since the City was established.

The Council failed to notify affected residents and business owners when the details of this Plan were approved on September 7, 2010. No one from the public was present. We urge you to watch the video presentation or review the Plan to learn the details of it.

Such actions erode public confidence in local government and create uncertainty for business owners and their employees who are forced to deal with the consequence of surprise. This is actually a form of gentrification which is never the subject of public discussion.

A major goal of the new EPOA is to bring businesses and residents together to discuss important issues. both pro and con, in the formative stage of the decision process.

ABOUT THE NEW EPOA- The Emeryville Property Owners Association was created in response to a crisis last November 2011, when 18 property owners received a surprise notice their land was included in a new assessment district.

It seems the owner of the new buildings, in the North Hollis area, and City Staff, worked together behind closed doors for two years, to create the boundaries of a new utility “district” which included 21 separate property owners.

The boundaries of said district were drawn to impose a new $8.3 Million property tax assessment upon 18 unsuspecting property owners without their prior knowledge or approval.

If a new assessment district is created a majority of owners, within the boundaries of the new district, have the legal power to overrule any objection of the minority property owners to pay the assessment.

The ownership of property in this district included 42% of the land controlled by the new building owner. The Staff offered the City owned land at 5% and ONE third party owner with 7% of the land. Collectively only THREE owners to constitute the necessary majority to force EIGHTEEN minority owners to pay.

City Staff and building owner created this new District to impose a surprise $8.3 million assessment with no regard to the financial impact being imposed on these 18 minority property owners, or the 124 businesses which exist on the properties.

After the City Council decided to move forward with the creation of the new assessment district. The 18 affected owners organized the EPOA to fight the assessment. These owners had to endure the threat and the stress of a multi-million dollar new property tax assessment being imposed over forceful objection. The EPOA was able to convince the third party owner to withdraw his support for the new district, and thereby stop it from moving forward.

A horrific circumstance never to be forgotten. We have created the “Emeryville Public Notice & Accountability Initiative.” A ballot measure to force the City to notify affected parties by email, whenever the City is contemplating any action which will specifically impact the use of land, or impose any new tax or assessment. The ballot measure is now being circulated and must obtain enough valid Emeryville signatures to be placed on a future ballot for voter approval . . .

One of the purposes of the Jan 12th meeting is to restore integrity to our public process, and to urge the Council to delay implementation of this Parking Implementation Plan and allow for public participation before moving forward. We urge your participation.
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510-214-5111 EMERYVILLE PROPERTY OWNERS ASSOCIATION www.epoa.us