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Ken's Positions
Dear Emeryville Voter:
Let me first say, if you are new to Emeryville, Welcome. You will see from the small size of our City, only 1.2 square miles, every individual gets far more attention from city government than in other much larger cities.
We have an election coming up soon, and every vote counts. I encourage everyone to participate- it is very important for you to express your opinions and concerns to the City Council. If we don’t know what you think, how can we represent your interests? More than most, I am always seeking to hear from the people. I am always available to discuss any issue with you. If you would provide me with your e-mail address, I can stay in touch with you. E-mail is a great way to stay informed about local issues, and I will not share your e-mail address with anyone, and I will only send e-mail when there is something important to say.
The people in Emeryville have made a significant investment in me. My experience with our city government, as well as with regional agencies, is really to your advantage. It means I can do a better job influencing other decision makers when necessary. It gives me greater ability to make things happen. There is no school that teaches you to become a council member; there is a big learning curve. Learning about land use, city planning, and being sensitive to the needs of everyone in the community, takes time.
Emeryville is a world-class example of successful urban living, with our environmental leadership, intelligent residential and commercial design, and thriving artists’ community, to name just a few factors. To keep the city moving in the right direction, we need to look at what we are doing right, and always be looking for improvement with strong guidance from the community.
I provide this detailed statement so that I can share some of the ideas I have for keeping Emeryville on the right track. More importantly, I'm seeking your feedback. Please let me know what you think about what is happening in the City. If you read anything in this letter you disagree with, please let me know. There are a number of different topics below, where I share what’s been done, what I feel is working, and what more can be done.
As you will see I have some new and exciting ideas, and with your help we can make them happen. The City must strive to make the people aware of what we are doing. We must provide you with a sense of awareness. People in Emeryville need to be confident that something major will not happen that they are not aware of. It’s all about trust and respect, and that is the relationship I seek. In that spirit, I would like to share my thoughts and get your feedback. |
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Transportation - A Liveable, Walkable City.
This is something people across the city are asking for, and it should be our highest priority. The railroad tracks and the freeway physically divide the City. We have been looking at ways to improve pedestrian-bike circulation, and there is no easy answer. We currently have the Emeryville Greenway Project. When complete, we will have a new pedestrian-bike path across Emeryville, from Oakland to the Berkeley border. The Greenway will connect with the new pedestrian-bike bridge, which will connect East Emeryville to Bay Street. The project is funded and finally underway. In the last few years we’ve added a number of new bike paths and bicycle boulevards in the City. I have not agreed with every proposal for bicycle improvements. The pedestrian-bike committee seeks to make Horton St. a slow street, placing a choker, which would only allow one car to pass at a time, however I am concerned about adequate notification to those who may be affected, and we need to thoroughly analyze the impact. AC Transit plans to run a future bus line down the street, and the Emery-Go-Round is also considering the future use of Horton Street. Let me know what you think about this.
I have a long record of achievements for pedestrian-bike improvements. I am a long- time member of the East Bay Bike Coalition. Their President, Robert Raburn, has endorsed me for re-election. This is a person who takes bicycling very seriously and promotes cycling as a means of everyday transportation and recreation. One accomplishment, which I am very proud of, is my work in connection with the Bay Bridge. My work on this project made it possible for us to achieve the new pedestrian-bike path on the new Eastern Span. During the approval process I asked Robert Raburn to write a resolution to support the new path, and we did that. The Emeryville City Council approved the resolution and other cities followed.
I am also a long-time member of a group known as the Regional Alliance For Transit (RAFT). We are a group of people from different parts of the Bay Area who advocate for increased transit opportunities. Our group has challenged the regional Metropolitan Transportation Commission’s approval of the regional transportation plan for failing to meet federal air quality standards and for failing to achieve a reduction in vehicle-miles traveled in the regional plan.
I am also part of a smaller group of the same activists who created a non-profit agency, known as TRANSDEF- a non-profit agency used to raise money to legally challenge public agencies who are not in compliance with environmental laws. We have taken the MTC to court several times for adopting a regional transportation plan which fails to meet federal air quality standards. These lawsuits helped create “Spare the Air” days, whereby some transit is made free on those days as an urgency measure seeking to immediately reduce the level of air pollution, to keep us in compliance with specific air quality standards established by the US Environmental Protection Agency.
I have also served on the League of California Cities statewide transportation committee for the past eight years. I became a member of that committee to advocate for pedestrian-bike improvements across the state. My involvement began when former Senator Byron Sher introduced legislation, which was known as the Bicycle Bill of Rights. As a bike rider I fully understand the needs and the importance of pedestrian-bike access. Just recently when Bay Street project came to the city to continue authorization to collect money from the parking meters, I wanted to require check-in bicycle parking. The necessity to have secured bike parking while shopping cannot be overstated, and the existing security personnel could dedicate a small area for such purpose. I was hoping that would be a trigger to encourage other major shopping areas to feature check-in bike parking, but unfortunately it did not happen. However, I will continue to seek check-in parking for bikes because it just makes sense.
We have another proposal for a new pedestrian-bike bridge at 65th Street across the I-80 freeway. The Council has approved money to fund a study. It may be possible to get Caltrans to allocate some funds for the new bridge. We are still in the exploration stage. I will continue to work for pedestrian-bike improvements in the city and at the state level.
Two years ago when the project to add a fourth bore to the Caldecott Tunnel was pending, we discovered the project did not include pedestrian-bike access. Caltrans refuses to even look such access. At my behest, our city council passed a resolution to oppose the project unless bike access was included.
I also must say that seeking to support improvements for pedestrian and bike access should not mean that people who must drive a car are the enemy. Emeryville currently does not have the necessary transit infrastructure to allow people to conveniently go where they need to go by mass transit alone. There are some proposals to force metered and paid parking throughout the City. I do not support that. It is inequitable because it unfairly impacts people who are at an economic disadvantage. I don’t want anyone who lives in Emeryville to pay for anything they don’t have to. Making money from parking meters and parking citations is not something I think we should encourage. We have to serve everyone, and I take a more balanced approach to these issues.
I have been a leader on both local and regional transportation issues. I currently chair the City’s transportation committee, and I also serve on the League of California Cities, statewide transportation committee for the past 8 years.
- This is one of the biggest concerns that many people have. We must recognize that Emeryville is located in the middle of a major metropolitan area which is growing. For a long time I have raised questions about the accuracy of traffic calculations provided by traffic consultants. I have been asking the city staff to conduct annual traffic counts at key intersections in the City. I believe this is information the public wants to know, and it should be provided. Annual traffic counts at key intersections would help the public better understand traffic volumes and the sources of traffic. It would also provide an independent way to verify that the numbers provided by consultants during the preparation of environmental documents. Currently the accuracy of the traffic projections in environmental impact reports (EIRs) for projects is not verified after a project is approved. We are collecting impact fees from businesses based on data that is never audited.
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New Development
Your input is needed. We have several large developments now pending in the City, and I feel uncomfortable moving forward with these projects without more community input. For a long time I have advocated all major projects must begin with community meetings. This must happen before they are submitted to the City. If we wait for community input when projects are ready to be approved by the Planning Commission, it is too late. It becomes more difficult for the developer to make changes. Citizen input must begin in the formative stage to be meaningful.
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Notification Policy
I seek to have the City adopt a formal notification policy to make sure everyone who is required to be notified, receives notice. Such policy should also require follow-up information stating the outcome of whatever was to be decided. When notices are sent, those same people must receive information so they know the outcome of whatever is being decided. Because Emeryville does not receive much local news coverage, residents are less likely to find out about projects with potential impacts.
We may even consider hand delivering notices to places throughout the city, perhaps designating someone in multi-family complexes to deliver notices in certain areas. The city can also obtain an automatic phone dialer where a phone call would be made automatically to everyone who provides their phone number for such purpose. A small investment like this is warranted when we look at the importance of being properly notified. A recorded message is a great way to receive direct notification.
We can also post notices on utility poles adjacent to the areas which are the subject of such notice. This is critical to the integrity of being properly notified. In addition, our city hall does not have an area for public notices to be posted, and this needs to change. There are some increased cost which expanded notification requirements, but you must have an opportunity to influence our decisions before they are made. Your confidence in what we are doing is at stake.
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Traffic Signal at 65th St. & Railroad Crossing
This traffic signal cost the city almost two million dollars. The high cost of the signal is due to the required rail road interface. They insist the signal must be tied into their system, at a cost of almost one million dollars. Obtaining the permits, trenching conduit all adds to the cost. At that high price we would expect high performance. We find traffic is tied up for an unnecessarily long time waiting for the light. After a train crosses 65th Street, the light does not turn green until the train is a very long- and unreasonable distance- away. All along I’ve said the that 4- way stop was superior. The argument was that the developer of the residential project at 888 65th is paying for it; however, that money could have been collected and used for other purchases. It could be used to advance the City’s desire to install a recently developed quieter signal which would substantially reduce the loud noise from the passing trains-something which needs to be a higher priority. I’d like to know what you think.
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Business License Requirement for Individuals who file Schedule C Tax Forms
When someone performs a service or receives income for any reason, the money is taxable. This also includes residential landlords. Many people receive such income and it must be reported on a Schedule C with your federal or state tax return. Schedule C is used to report money in connection with the operation of a business. Each city has the discretion of determining when a business license is required. A couple of years ago, State legislation was passed which allows the State to share all schedule C tax filings with the City.
Before that happened there was no way for the City to know people were claiming they were operating a business. When the City received the information from the State we discovered there were over 1,100 people who live in the city or who own property in the City who did not have a business license.
Without the prior approval of the city council the Staff sent out over 1,100 delinquent tax collection notices. Over 700 of those affected were Emeryville residents. At the time I advocated for a public hearing. I believe that the requirement to have a business license is too strict. Most of the people in violation would only owe the City a $50 minimum fee.
Oakland became very aggressive, and attempted to collect business license fees for the past three years, plus interest and penalties. Emeryville took a much softer position. This tax was on the city books, but it was never collected for 20 years. In view of the fact there were so many Emeryville residents in violation, with all due respect, no one deserved to be surprised with a notice of violation. It should also be noted this is a gross receipts tax, which means the person claiming the operation of a business may have actually lost money. The business license fee being collected could actually mean an additional loss of money.
If the threshold to obtain a city business license was $100,000 in annual receipts, it would alleviate the necessity for many residents to obtain a business license. Most of the affected people would only pay a $50 minimum fee. For the small amount of money the residents must pay, it is not worth it. The City should operate under the premise that we don’t want to charge our residents for anything unless it is absolutely necessary. The total estimated tax is only $35,000. At the threshold of $100,000 in gross receipts you would only owe $80 in tax to the city.
The city also says we do not have to notify you if the tax is owed, but you are still required to pay it, along with interest and penalties, even if you are not notified. Adjusting the threshold to receiving $100,000 in gross income as the minimum necessary to obtain a business license would resolve this for almost all the people who are affected. We would be providing a service to a substantial number of Emeryville residents at a very small cost to the City, if someone who owns one or two residential units, or if someone receives a small fee for services the City does not need to require a business license. There are other ways we can collect taxes which do not impact residents the way this does.
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Increasing Cost of Public Safety
As we look to the future we must recognize that the cost of public safety services is rising. Police and Firefighters across the state are now able to retire with full wages and benefits at age 50. In Emeryville we benefit from the outstanding job our local police and firefighters do, and they put their lives on the line every day for the safety of others. However, there are high costs associated with these benefits. Despite our economic well-being, the cost of these benefits will eventually cause the city to have a deficit budget unless we are proactive. The City Council is considering a measure on a future ballot to have some form of public safety tax to meet that obligation. The reality is that we need to find a way to cover these costs if we want to maintain our high level of service.
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Revision of the General Plan
We are in the process of updating the City’s General Plan. We must decide on the amount of future development. We must evaluate the City’s future economic needs. We must also determine how many people are planned for this community. Part of that decision must include our state mandated goal for the production of new housing. If the revised general plan is out of compliance it will not be certified by the state. In prior years we have exceeded our state requirement. However, there is no credit applied to future years.
I believe that I am not alone among my fellow council members in feeling that the current housing mandated by the state is unreasonable. A lack of certification could have some financial consequences. The problem is that the State continues to attract more and more people, and there is not adequate housing to meet the anticipated demand. A shortage of housing makes the real estate more expensive, and that translates into higher rent making housing less affordable.
When that happens, employers are asked to pay higher wages, and such demands by employees would seem to be reasonable. Businesses are asked to pay higher wages for their workforce. Companies which can’t afford it may move out of the State. These are some of the reasons for the state mandate. How do you feel about the production of more housing in Emeryville?
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High Density Development
Residents are being asked to state a preference of what they would like to see. I’m concerned the question is being asked in a vacuum of information about the consequences of the decision. I need your feedback on what you think about high density development. Should we develop a high rise structure, or a project with less height with the same density? High Rise structures generally allow for more open space on the ground floor level. What do you think about high-rises? The developer of the last section of the Bay Street project is seeking the approval of a combined boutique hotel and residential condos in a high rise tower the same height as Pacific Park Plaza. The hotel would provide significant income for the city general fund. Approving high rise development in one area may mean lower density in other areas of the city. The decision on these matters must be made by the people, keeping in mind the idea of maintaining adequate money for vital services. Let me know what you think.
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Preserving Older Housing
Preserving the older housing stock is a stated goal of our General Plan. It is a policy which the Staff should adhere to. I was dismayed to learn the Oaks club was seeking to replace the older homes they owned in the Triangle along 41st St. with new structures. The proposal to redevelop the property called for the demolition of the older homes. I immediately notified the card room owner, alerting him of the language in the General Plan. I indicated I could not support the project if it called for the destruction of the older homes. I immediately went to the City Attorney and requested a moratorium on the demolition of the older homes. After considerable public input the City Council required the developer to save 5 of the homes; by then the other homes were so deteriorated it was not possible to save them. The revised project with the saved homes is not the same environment, and in the future we can do better.
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Homeowner Associations
With all the new condominium developments I seek to organize the City’s homeowner associations. One suggestion to reduce vehicle break-ins is to have surveillance cameras. This deserves further discussion. The equipment is expensive, and it costs a lot of money to have someone monitoring the cameras. I would like to put the HOAs together to see if cameras and surveillance equipment could be affordable if we can pool the collective resources to buy the equipment, and then have a central monitoring station which can be shared by all the HOAs. I will seek to have an organizational meeting inviting someone from each HOA to participate. I look forward to setting up a meeting to explore these ideas.
I also want to mention with some of our newer projects, we have had extensive problems with water intrusion. One of my accomplishments is that I was able to make a change in the City Building inspection policy where every new multi-family residential project must be certified by a leak detection company to ascertain that there will be no water leaks before a certificate of occupancy can be issued. I have specifically focused a lot of attention seeking to resolve the water intrusion problems at the Terraces, where 20 unit owners have not been able to occupy their units for as long as three years. We can feel more comfortable that will not happen again.
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Future Local Serving Retail
In addition to providing more affordable housing I seek to have the city invest in retail condominiums. The people want local serving retail stores. The current economic climate does not encourage small retailers to go in business. The high cost of commercial rent in shopping centers has priced small retailers out of the market, and chain stores are dominating the market.
If a developer builds retail and creates a condominium, the City can write down the cost of the condo with a one-time investment which can make the retail space affordable in perpetuity. Money invested in a retail condo can provide an opportunity for the entire community to benefit from. A real advantage in doing this is the community will be able to choose who can buy the condo, and we can also restrict the sale where the City has to approve the new buyer. Unless we take this step we are going to be looking at a proliferation of chain stores. A local serving retail store could mean that you won’t have to travel far to get the basic items you need.
A committee of nearby residents and people from our business community can look at business plans of potential buyers. We can make sure they have adequate capital to run the business. We can pick and choose what stores we want to see. We can provide a better opportunity for a small business person to survive. There are many benefits to this idea. The quality of life for the neighborhood is improved with locally serving stores. The creation of a retail space means the city will receive business license taxes, a portion of the sales taxes, as well as some of the money earned by employees, spent elsewhere in the city.
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Membership Organization For Emeryville
I seek to establish a membership organization for all the people who live and work in the City. We can create a membership organization with the 20,000 people who work in the City, and our 8,000 residents. There can be no question, an organized group of people can achieve greater benefits than individuals can acting alone. I would seek a $10 annual membership fee per individual, and a household annual fee of $25. The organization would be controlled by the membership who would elect a board of directors to run the organization.
Known as THE EMERYVILLE STORE, this organization would seek a 10% discount for all its members from every retail merchant in the City, as well as from retailers outside the city. We would seek discounts on all forms of insurance commonly used by its members. Companies currently operating in Emeryville may discover that with a larger group of people they can obtain better insurance rates. It may be possible for every employer in the city to take the money they currently paid for insurance benefits and instead obtain insurance through the Emeryville Store. This should lower the rates for all who participate, and it will open the door for the city’s residents to take advantage of the lower rates. If we look at all of the possible benefits which could be achieved by organizing the people who live and work in the City, and the Emeryville businesses, your investment in the EMERYVILLE STORE could bring a substantial return for a small investment.
I have not put together a business plan, but a $10 annual membership fee would be the goal. It is very exciting to even think of all the possible benefits. We are talking about potential discounts on any goods or services which are commonly used by the membership, Internet service, the purchase of large items such as a car, or even potential travel benefits. Potentially putting people together who commute to the city from the same location to reduce traffic. An annual event when board members are re-elected, where we can invite everyone from across the City, and where we can have the City Manager make an annual statement of accountability, where we can describe what we have done and where we are going in the future. It is my intention to obtain constant feedback from those who live and work here. This will be a way to bring this community together in a way that has never been done before.
Employers in Emeryville should have to be able to obtain greater benefits for all their employees through this organization. Small employers would be able to obtain benefits for their employees at a fraction of the cost.
MORE BENEFITS- The membership of the Emeryville Store will include people who work in various different businesses in the City. We can identify where these people live, and possibly put people together who travel from the same location. This may make it possible for people to travel together, and take vehicles off the road.
Twenty years ago I was the founder of the Emeryville Chamber of Commerce, incorporating that organization. I sent out invitations for the first meeting to 800 businesses which existed in the City. I had 171 business people show up for the first meeting in May of 1986 and the Chamber of Commerce was born. I intend to put a plan into action beginning the first of the new year for the EMERYVILLE STORE. We will be soliciting advance memberships. Membership will be limited to only those people who live and work in the City.
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Our Schools
In the past decade we have worked hard to turn the Emery School District around. The City provided a $1.5 million advance payment for the use of facilities. The money and the effort restored local control to the board. It not only helped their debt, but it was a statement of support, opening the door to attract grant money. Grant funds are even more likely because of the margin of victory for the recent school bond; the 87% approval by Emeryville voters was a state record. It made strong statement of support, and other cities are asking how we did this.
The City Council and the School Board now have a monthly joint meeting. We are working closely together with the idea we are both serving the same people. This collaborative effort will help us achieve a community center of life, a project which will have something for everybody. Our partnership has resulted in improved test scores. We have adopted a policy for joint use of our city and school district facilities as part the process of developing a center for community, and I will continue to support this partnership.
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Emeryville Redevelopment Agency
Few people seem to be aware of the importance of the Emeryville Redevelopment Agency, what it means for the City of Emeryville, and how it relates to the City’s General Plan. We have a once in a lifetime opportunity to provide funding for capital improvement projects that include small business development, new pedestrian & bike facilities, cleanup of toxic waste, new housing, and many other improvements that can only be paid for by the Redevelopment Agency. When the Redevelopment Agency expires in 12 years, this funding mechanism is gone forever.
If you have recently become a homeowner you are here at the right time. Over the next 12 years we will shape the future of our city. We have already gone two thirds of the way, and we are in the home stretch. We should encourage thoughtful, accelerated development over the next 12 years to achieve the maximum possible benefit for the people in Emeryville. The height and density of new development is important, but it is also critical that the community to reach a consensus to allow projects to be completed in a timely manner. If you can, please take some time to read about California Redevelopment Law to enhance your knowledge of the Emeryville Redevelopment Agency.
California Redevelopment Law was established as a tool for cities to use to cure conditions of blight that cannot otherwise be accomplished by the private sector in the older urban core of many cities. According to the dictionary blight means “the state or condition when something is decayed or ruined:”
These are usually areas of older inner cities where numerous parcels of private property exist in a state of disrepair. They may include old dilapidated buildings, abandoned factories or areas that may have become devastated by an act of nature. Every private property in a redevelopment area may not be blighted, however the legislature determined the inclusion of such property may be necessary to carry out the purpose of the redevelopment plan.
When a redevelopment project area is established, all the existing property tax rates are frozen for the life of the project area. The City of Emeryville receives about 16% of property taxes generally. Additional property taxes which result from improvements to private property, known as tax increment money, is turned over to the redevelopment agency to carry out the purpose of the redevelopment plan. During the life of the project area, these funds must be used in accordance with the redevelopment plan.
Let me provide and example of what this means. Parcel X is a parcel of land that is an abandoned factory paying an annual property tax assessment of $1000 each year. Parcel X is redeveloped into a small office building. The increased land value resulting from the new office building increases the annual property tax assessment to $5,000. The additional $4,000 in property taxes is provided to the Redevelopment Agency each year for the life of the project area.
The Redevelopment Agency has the power to condemn any parcel of land in the project area to allow the private sector investment necessary to cure blight in accordance with the redevelopment plan. In the best of all worlds the Redevelopment Agency should make investments to enhance the collection of general fund revenue necessary to pay for the operation of the City. Redevelopment Agency money may not be used to pay wages and benefits of city employees who provide basic city services.
The purpose of this memo is to make you aware we have a small window of time when we will have money to pay for capital improvements. It is in the best interest of the City to identify our needs and determine the amount of development necessary to provide money to pay for those capital improvements that will help fund the needs of our community. The sooner we can come together as a community and determine those needs, and decide what level of future development is acceptable to accomplish our goals, the greater our ability to achieve them.
I hope this information helps you recognize we have a once in a lifetime chance to take advantage of the benefits provided by the redevelopment agency. I can only hope we can work together to use the Emeryville Redevelopment Agency to its maximum potential.
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Conclusion
For the past 20 years I have served on the City Council. In 1987 my efforts helped change the direction of the city into the success we now enjoy. As you can see from the above, I am always thinking of ways to improve Emeryville, and in an environment where things are going well overall, I am willing to address how we can do even better.
I am dedicated, and at the same time I keep an open mind on all issues. I try to be as fair as possible when making difficult decisions, and I definitely react when people express their concerns about issues.
I seek your support for re-election to the City Council. I hope that you are pleased with my work, and I hope to continue working with you in the future.
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