Sunday, September 11, 2011

Park Ave. Celebration, Thursday, Sept 15 5:30-8:30pm

Emeryville has been working on sprucing up Park Ave. west of Hollis Street for the last several years. There has been a committee of residents, business owners and others who have overseen the beautification of this part of town. With new benches, landscaping, under-grounding of utility wires and street improvements, folks in that area are ready to celebrate the completion of this work with a Grand Opening at the plaza on the west end of Park Ave!

Come out Thursday evening to join the party! Details are below:

Park Ave. Plaza at Halleck St.
Thursday, September 15, 5:30-8:30pm
Free event!
Live band: Boca Do Rio
Food provided by several local restaurants and fine food vendors

Monday, August 22, 2011

Women and biking survey

Attention women bicyclists! Did you know that in California women don’t join bicycle advisory bodies nearly as much as men? A graduate student from San José State has created an online survey to understand why. If you are a woman who bikes, your participation would really help!
The survey should take under 5 minutes and will be open until September 30, 2011. You can find it here: https://www.surveymonkey.com/s/BACS. If you have questions about the study, email deluca.survey@gmail.com.

Emeryville Center of Community Life Community Design Workshop 1

Greetings Emeryville Community!

The Nexus Partners, the Emery Unified School District, and the City of Emeryville cordially invite you, your family, students, neighbors, friends, co-workers, yoga teachers… to
Community Design Workshop I
We need YOUR feedback on options for the
new Emeryville Center of Community Life site!

* food, drinks and community conversation *
(spanish translation services will be available)
Saturday, August 27th 9:30 AM – 12:30 PM
Anna Yates Elementary School
1070 41st Street

Let us know if you can attend so we have an idea of how much food to get…
wendy.chew@emeryusd.org, or 510 224 7384
PLEASE POST AND FORWARD WIDELY!

Saturday, August 13, 2011

Emeryville City Attorney Ballot Initiative continued

The ballot initiative to force the city council to outsource all legal services has been placed on the ballot for November. As I stated before, I do not support this ballot initiative.

This initiative is the work of one disgruntled city council member who has been ineffective at getting his way, and he disagrees with the current council. The city council has 5 individuals, elected at large to represent all the residents in our city. As you know, 3 seats are up for election this fall. The best way to impact all decisions made by the council is to elect city council members who take their responsibilities seriously and listen to your concerns. I am supporting Jacqueline Asher, as I think her integrity, intelligence and attention to detail will serve the residents of Emeryville well. (Another blog post coming on her candidacy!)

In the efforts to secure signatures for the petition for the ballot measure, there was incomplete information. First of all, as written this ballot measure will have NO IMPACT on the current situation regarding legal services in Emeryville. Secondly, the ballot initiative strips the city council of having power to provide legal services for the city with in-house attorneys, which might be the most efficient and cost-effective way. Third, taking this power away from the city council is most likely against the state requirements for general law cities, and if challenged, could be illegal. Fourth, by making this decision with a ballot initiative instead of by city council decision, the only way to reverse the effect of the initiative is also by the ballot box.

1. The reason that this ballot measure will not change current practice is because of technicalities. All employees besides the police and fire employees are actually employed by the Management of Emeryville Services Authority (MESA). This entity was created as a joint power authority by the City of Emeryville and the Redevelopment Agency (and now the Community Development Commission of Emeryville) to be the agency that hires most of the employees. By contracting through MESA, the city and the employees do not contribute to Social Security, saving 6-7% of salaries (both for the city and the individual workers). Technically, the city attorney and the other 2 employees in his department, all of whom would be affected by this ballot measure are already "contracted" out. Passing this measure would tie the city council's hands then only in the future, if there were some change from using MESA as an employment agency.

2. The City Council controls the city staff only by hiring and firing 2 individuals: the City Manager and the City Attorney, both of whom report directly to the council. If, in the future, the city wants to hire a city attorney directly, not through MESA, this ballot initiative would prohibit hiring an individual, and would require us to hire a firm, or outside counsel. I believe, based on the information I have so far, that this would cost the city more money than we spend on having someone on staff. Some small cities have little to do in their legal departments, perhaps, but as a complex city with a large number of businesses and a large area that was contaminated by industry, we have plenty of work for a minimum of one legal staff. At least one full time employee on staff is warranted. We currently have 3 and we still contract additional work with outside legal firms as needed. This combination gives Emeryville the flexibility to respond to complicated litigation and contracts as needed. Having outside counsel provides less accountability in my opinion and I do not support more outsourcing of services. I think it is valuable to have an individual on staff who knows the city's needs well and can manage whatever outsourcing we need to do.

3. This is the city council's job. We are elected to sift through all the information and make difficult decisions about how best to provide services in lean times. Emeryville is a general law city which means we are subject to the rules the state has given all general law cities in terms of operation. Deciding who serves the city in terms of legal representation is the job of the city council, and it cannot be turned over to the voters, as this initiative does. The council has decided not to challenge the ballot initiative now, as it could be costly, but if it were to pass, it is likely that it would be thrown out as unconstitutional if challenged.

4. Ballot initiatives are not the best way to make complex decisions, and they are only reversed through another ballot initiative. Gathering signatures and putting an item on the ballot is costly and requires time. I trust the Emeryville voters to make a good decision, but only if they are given correct information.

In summary, I feel it is my duty to act responsibly. This ballot measure to outsource the city attorney services is not the way to go about making changes to our legal department. I cannot support it, as I fear it would cost the city a great deal of money, or limit our legal services. The technicality that it would not change current structure is somewhat of a relief, but I am opposed to the phony need to change the structure, created by one council member who can't get what he wants. He needed an issue for his re-election campaign, and he doesn't support the individual who currently serves as our city attorney. Those are not valid reasons to change the power of the city council to effectively govern our small city.

Monday, July 25, 2011

Emeryville City Attorney Ballot Initiative

Enough residents have signed a petition (10% of registered voters) to have a ballot initiative placed on the November ballot. This ballot measure would allow the voters to decide if the city should eliminate the staff position of City Attorney. For many reasons (which I will articulate briefly below and in more detail in future posts), I do not support this ballot initiative. However, I do believe that the city council must show that we hear all 567 people who signed the initiative, and we should place this item on the ballot in November. That is a democratic process, whether we like the content or not.

This process is complicated by the fact that the city council does not have any meetings scheduled before the August 12 deadline that the county has for placing items on the ballot. Like many other cities, Emeryville's City Council has one summer meeting canceled for our summer recess, and it happens to be the August 2, 2011 meeting. This was decided last December when we determined our meeting schedule for 2011. Our next scheduled meeting is on August 16, which is too late for the ballot measure to be considered for this fall. Our last meeting was on July 19, and the ballot measure had not yet been certified. The circulators of the petition knew that it was due to the city council by the July 19th meeting, and I do not know why they did not make that deadline.

My understanding from city staff is that in order to place this ballot initiative on the ballot, the city council must hold a special meeting first to then schedule a regular meeting, all of this before the August 12 deadline from the county. If 3 city council members request it, staff will schedule a special meeting. Alternatively, the mayor, Nora Davis, can call the special meeting. So far, only two council members have asked for a special meeting to consider this: Ken Bukowski and myself.

Why do I oppose this ballot initiative?
I simply do not think this is the best way to make a complex decision like this. The City Attorney answers to the City Council, and electing a City Council that you trust and that is effective is the best way to control all aspects of the city government, including the City Attorney position. I believe that good decisions depend on complete information.

Additional financial cost to the city?
Some claim that this "outsourcing" of legal work would save the city money, but there has been no evidence presented to me that this is true. On the contrary, the average of the hourly fees most municipal legal firms charge ($282/hour) is approximately twice what we are paying to our city attorney ($145/hour). Please read the staff report from our July 5th meeting for a more detailed discussion of the issue.

More to come...

National Night Out, August 2, 2011, 5-7 pm, City Hall

The Emeryville Police are hosting the annual National Night Out on Tuesday, August 2nd from 5pm-7pm at City Hall in Emeryville.  Please come by and visit all of your Emeryville neighbors.  Should you have any questions please contact the Police Dept at 510-596-3707 or look at the flyer here.

Share your ideas about business in Emeryville!

Tuesday, July 26, 2011 6:00 pm - 8:00 pm at 1333 Park Ave., City Hall

The City of Emeryville is finalizing its Economic Development Strategy with a community meeting. This is a great opportunity to hear what has come from this process, add in your ideas, and think about how the City can help foster a strong economic base in town. We are looking for innovative ideas! Go here to read more and see the draft and staff report presented to the City Council in May.

The Chamber of Commerce has been paid by the City to work on contract for this plan. We need to hear from the residential community as well. If you cannot make it, feel free to send ideas and comments to Michelle DeGuzman, project manager at mdeguzman@ci.emeryville.ca.us or call her at (510) 596-4357.

Hope you can make it!