I am not one to count chickens before they hatch. There is still some uncertainty in the funding source of the Bike Ped bridge, so I figure a little more background on the case is important to share. It is a complicated story. Here are some of the facts:
The City of Emeryville sued the State last year because they did not allow us to use our bond money to proceed with 3 projects after the dissolution of redevelopment. There have been two state "end of redevelopment" laws. The first was in the summer of 2011 (ABx1 26), and the clean up bill in the summer of 2012 (AB 1484). The first took away the ability to enter into any new contracts with redevelopment funds, but it had a clause that allowed cities like ours to re-enter into contracts as long as they were subsequently approved by the Oversight Board. The Oversight Board (subject of this blog) has by design a seat for every large taxing entity that would have benefited from the funds freed up by the end of redevelopment, the funds that had previously been redirected toward redevelopment projects. The week before AB 1484 (which would no longer allow any agency to re-enter into agreements) went into effect , the City of Emeryville re-entered into agreements on 5 projects: ECCL, the Bike-Ped bridge, the Transit Center, the Arts Center and a loan repayment for brownfield remediation called the CIERRA loans. The day before AB 1484 went into effect, the Oversight Board approved three (not all 5) of those agreements. The OB did not approve the ECCL project and the Arts Center.
We won our case (read the decision here) in Superior Court in Sacramento based on these facts. The judge repudiated the Department of Finance's denial of those three projects moving forward, even though agreements had been re-entered and the OB had approved them in time. The total amount of bond funds in dispute is around $16 million and the bike ped bridge will cost around $12 million. The State has 30 days to appeal the decision, which might tie up the use of these funds longer.
The bike ped bridge is an important connection over the railroad tracks that divide Emeryville. Bikes and pedestrians can now cross the tracks on the 40th St. bridge, pedestrians can cross on the Powell St. ped bridge, bikes and pedestrians can cross at the Amtrak station, but the next place north of 40th where a bike can ride across the tracks is at 65th St. There is no doubt to me that increased access to Bay St. and the new Bay Trail connection, as well as the new east span of the Bay Bridge that will allow bikes and pedestrians, will be a great thing for Emeryville residents and visitors. Now to improve the bike and pedestrian experience on both sides of the tracks!
There is a bit more information on the bridge itself here. Here is a rendering of the bridge. The site plan for Horton Landing Park is here. Some FAQ from early 2008 can be accessed here. These answers indicate that the bridge would be open in 2010! Let's hope it is by 2015.
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