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City Awaits County Direction on UC Development Referendum Effort

A citizens' group took issue earlier this month with aspects of a University of California plan to develop empty lots at University Village into a Whole Foods store and senior housing. Click the "Keep me posted" button below for updates.

City officials are awaiting a decision by the county Registrar of Voters following a petition effort earlier this month by a who hope to force the city to revoke a development agreement between Albany officials and the University of California.

The City Council with the university in July. The university hopes to work with private companies to build a Whole Foods store and senior housing at . 

The petition-organizing group, Keep Albany Local, said, via its Facebook page, that it collected more than 1,400 signatures within 10 days. The group thanked Occupy the Farm and the Albany Farm Alliance for help collecting the signatures: "we could not have done this without your support."

City Clerk Nicole Almaguer said Tuesday that the specific language of the petition is confidential, but that the group "basically asks for the City Council to reconsider the development agreement."

She said a synopsis of some of the language of the petition may be provided to council members if the issue comes back before them.

Almaguer said the city received the petition on Aug. 16 and counted 1,392 signatures with corresponding Albany addresses. She turned the petition over to the county the following day. 

The county registrar will now determine how many of those signatures correspond with registered Albany voters; a total of 993 signatures, or 10 percent of the city's total registered voters as of the last election, will be required for verification. 

As of Tuesday, the city was waiting to hear back from the county. Almaguer said, if the petition is verified, it is tentatively scheduled to return before the council in October. 

If this happens, the council will be required to take action on the petition; council members could either decide to rescind the ordinance by their own action or submit it to the voters, said Almaguer.

If submitted to the voters, it would likely require a special election in the spring of 2013. (This would be up to the county registrar to schedule.) 

A PDF handed out by one petition-collector is attached to this story above, following a PDF created by the university describing the project. 

The city is also facing two lawsuits, both filed in August, related to the mixed-use project: one, filed by members of Albany Strollers & Rollers and Carbon Neutral Albany, related to mitigation measures such as cycling lanes, paths and solar panels; the other, filed by Albany resident Eric Larsen, related to the project's Environmental Impact Report. 

Albany Patch readers posted hundreds of comments earlier this month on posts related to the referendum effort. Click the links below to see what your neighbors had to say, then let us know what you think about the effort in the comments below.

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Click the "Keep me posted" button below for an update when we publish future stories on the Whole Foods project. Learn about the proposed Whole Foods and senior housing development here.

If there's something in this article you think , or if something else is amiss, call editor Emilie Raguso at 510-459-8325 or email her at albany@patch.com.

Tiffany Lefour August 29, 2012 at 12:37 pm
Hear, Hear!!!! Thank you Paul.
By the way, "Keep Albany Local", where in Albany should I be shopping for my organic produce and gourmet specialty foods? Should I get in my car and drive to Berkeley? Are all those out of town signature gatherers going to pay my increase in property tax to make up for the loss of this city revenue.
Robert Marshall August 29, 2012 at 12:46 pm
How can the specific language of the petition be confidential? That makes no sense. I can see the signatures and personal info of the signatories being confidential, but not the actual text of the proposal.
That's like telling Americans we're going to have a Constitutional Amendment on (fill in the blank), but not telling the Americans how the amendment is worded.
Robert Marshall August 29, 2012 at 12:55 pm
The text of the petition is actually posted on the group's website, so so much for it being confidential.
------------------------------------- “To the Honorable City Council of the City of Albany, We, the undersigned registered voters of the City of Albany hereby protest the adoption of Ordinance #2012-04, ‘An Ordinance of the City of Albany City Council Approving University Village Mixed Use Project Development Agreement’ adopted on July 16, 2012, and petition the City Council to either rescind its approval of said ordinance or submit the same to the voters of Albany for their adoption or rejection at an election in accordance with state law. The full text of said ordinance is attached to this sheet as part of this petition.” ----------------------------- An additional thing I noticed on their page. They say that as of July 17th they had the signature amount mentioned above, turned in AND approved. If that was the case, WHY did petition takers tell me in early August that they were short on signatures needed? (I had someone come to my door AND another person approach me at the Farmers Market with the same story). Something's not correct somewhere.
Trevor Grayling August 29, 2012 at 02:27 pm
Albany - the little town that any group can kick around.
Ken August 29, 2012 at 02:44 pm
Yeah, keep Albany "local" - what local businesses would occupy the retail spaces? Look at all the empty storefronts on Solano Ave. This group has misrepresented facts and many (all?) are not Albany residents. Many have zero stake in the true future of Albany and just want to further their own personal agenda.
A successful project would be a huge boost to the city in terms of visibility (gateway to Albany to attract others to the area who will shop at other Albany stores), tax revenue (yes, non-Albany residents, there are such facts of reality as funding the city budget and services for Albany residents - sorry, we don't live in a utopian farming community) and clean up that derelict part of San Pablo Ave. And of course, a quality retailer within walking distance and care for seniors are big pluses For those who say a Whole Foods is somehow "inappropriate" for Albanians - why? Yes, it tends to be a bit pricier than other fine grocery stores, but obviously, it appeals to many people (see Berkeley's WF) and does have quality goods, some at decent prices (their house brand is competitive in price w/ Trader Joe's , Safeway O, etc.). For those who complain about the cost of the proposed senior care - it's assisted living/healthcare, NOT senior apartments, so please understand that the cost of healthcare is not cheap. From what I've seen of the OTF and this group, they seem to live in some fantasy world that doesn't include the realities of everyday life.
M luudensis August 29, 2012 at 03:00 pm
So how much would a special election cost Albany in tax payer dollars?
lubov mazur August 29, 2012 at 03:01 pm
I wonder why those who want to farm, not just demonstrate farming, but really farm to supply an urban population with food, do not do so on land surrounding the city the way every other urban culture has done; grow it on the perimeter and bring it to the markets in the city where the non-farming people are. It's worked for 12,000 years. Why does a functioning system have to be changed now to the detriment of our city? Local is one thing, urban farming is something else entirely.
doris August 29, 2012 at 03:25 pm
Yes, Paul, I second that...these do gooders won't stop until they've destroyed the local economy, what's left of it. They probably shop online anyway. The original Luddites weren't successful in turning back the clock, let's hope the new breed also won't.
Peggy McQuaid August 29, 2012 at 04:08 pm
It is interesting to note that Nick Pilch, a City Council candidate is a co-founder and one of the “core group’ (decision makers) of Albany Strollers and Rollers and a Board member of Carbon Neutral Albany – the 2 groups that are suing the City. According to Preston Jordan, the named plaintiff in the suit, the Board of C0A voted unanimously to take this legal action. Has a council candidate ever been involved in a lawsuit against the City during the campaign?
In full disclosure, I was a “member” of both AS&R and C0A but resigned upon hearing of the legal action which was determined to be necessary by the leaders of these groups. The lack of opportunity for discussion by the membership before taking action was disturbing.
Caryl O'Keefe August 29, 2012 at 04:46 pm
To see docs filed for the lawsuits, visit Alameda County Superior Court at http://apps.alameda.courts.ca.gov/domainweb/html/casesumbody.html. Enter a case number:
Strollers&Rollers/C0A suit: RG12644244 Eric Larsen suit: RG12644349 For each suit, the “Register of Actions” on the left lists actions and doc images. To read a multi-page doc you have to click each page number of the filing, on the left side of the document viewer. Case management dates are Oct 31 and Nov 5. Preston Jordan signed a (Strollers suit) request for a different judge than the assigned Evelio Grillo (granted). Grillo is also assigned the Larsen case.
Kirsten Schwartz August 29, 2012 at 05:26 pm
Emilie, could you find out how much a special election in 2013 would cost? I've read $60,000-70,000, and I bet a lot of those people who signed that petition didn't know it would cost extra to have this on a ballot. (I am thinking of launching my own signature-collecting movement for people who are against spending extra money on stopping something that took years to hammer out.)
don August 29, 2012 at 08:37 pm
dont know why we wait for alameda to give permission to build on on uc berk property we dont collect tax on this why why is coscl so crazy of this project it wont help the people of albany again we are of one not berk or its laws we are albany get that!!! cons need not run or remove yourself and go to your berk city then its ok do what you do most mess up there city who then caresless of there down side don
Andy Day August 29, 2012 at 08:45 pm
What a fiasco. The petition is absurd and the referendum, should it happen, will be a waste of all our time and money. Albany needs sensible economic development and this project should the cornerstone of such an effort. I hope other voters will join me in supporting only those Council candidates who share this view.
Robert Marshall August 29, 2012 at 09:43 pm
Don, I'm having a really hard time understanding what your ultimate point is here. The project will certainly be of benefit to the residents of Albany. Albany will see jobs, tax revenue, a greater selection of products to buy, and assisted living senior housing will now be available, without having to go to some other city.
As for Alameda County "giving" permission? The signatures need to be verified with the Country Voter's Registrar. That is something Albany CANNOT do. We're not obliged by Berkeley-specific laws, but we do have to abide by county and state laws. The referendum process, no matter how we may agree or disagree with this particular referendum, is part of the democratic process, and must be respected.
Madisonian August 30, 2012 at 08:28 pm
The statement issued by the mayor and vice-mayor stated $60,000 - 80,000. See http://albany.patch.com/articles/mayor-and-vice-mayor-s-statement-university-village-san-pablo-avenue-development-project. I'm still waiting to see Keep Albany Local's fundraising drive to reimburse the city for the expenditure. Given how concerned they are about the good of the city and all ...
tr August 30, 2012 at 09:50 pm
both project developers chose to present projects that their properties were not zoned for. safeway's still does not conform to the zoning requirements.
projects do take longer when developers do not plan in accordance with zoning. aside from allowing an oversized development, what else has the city done to improve the business climate?
tr August 30, 2012 at 09:51 pm
yeah, let's not get kicked around by uc.
tr August 30, 2012 at 10:19 pm
misrepresenting facts? yes u can.
your solution for empty storefronts in albany is to build more retail space? keep albany local is a group of albany residents also supported by people in berkeley and el cerrito. suggesting otherwise is misrepresenting facts. you assert that the people you disagree with want to "further their own personal agenda." any facts to prove your assertion? are you saying that the vocal supporters of the project do not have a personal agenda? some people oppose whole foods, most oppose the size of the entire project and want to see a smaller, albany sized, whole foods. a more appropriate sized project would accomplish most of the big pluses. belmont village has been presented as "senior housing" by proponents of the project, the misinformation is coming from the developer and the city council on this point. your last sentence is just a silly aspersion. i think that people who feel more comfortable with pollution, cars and concrete over clean air, walking and grass are the ones who prefer to live in an illusion over the reality of what the earth is.
tr August 30, 2012 at 10:22 pm
the city council can rescind the development agreement and avoid a special election.
how much has albany spent promoting uc's project? is uc repaying for costs?
tr August 30, 2012 at 10:40 pm
what a fiasco.
the city council decisions were absurd and the resulting organizing of community members was a waste of all our time and money. albany needs sensible economic development that maintains our small town feel. the decision to ok such a large project with minimal ammenities for albany was short sighted. time to discuss the project on its merits and shortcomings.
lubov mazur August 30, 2012 at 11:08 pm
@tr, Please have the courage of your convictions and sign on without hiding behind an alias. These discussions are about serious issues that affect all the residents of Albany and I, for one, want to know is involved in the discussion. I have decided to disregard any comments from anonymous authors.
Madisonian August 31, 2012 at 03:15 pm
tr: UC has almost certainly reimbursed the city for its costs (including staff and consultant time) in preparing the EIR, conducting the many years of study, etc. This is standard practice for processing development approvals. However, the cost of a special election will almost certainly be borne by the city, not the developer. It's a shame that the project opponents are essentially holding the city hostage over this (accept their demands, or pay $60-80k out of the public coffer to defend the position you arrived at after years of consideration).
lubov mazur August 31, 2012 at 07:15 pm
I will repeat a comment I read elsewhere in Patch: I'm sure the author(s) of the petition will, because they concerned with the well being of the city, replace the funds spent on the special election by the city. If they don't it will cost each voter about $5, or each resident about $4, or each household around $13 if I have my numbers right. Alan can fix them up if I'm wrong.
That doesn't seem like a lot unless I contrast it with the loss of revenue to the city over at least the next 30 years and the loss of opportunity for me so stay in Albany when I am no longer able to live alone to say nothing of the damage to the good relationship between UC and the Little League. What a shame.
Make It Right September 1, 2012 at 09:46 pm
Interesting that the Carbon Neutral Group (who filed the lawsuit with Strollers and Rollers) is a project of something called the "RESPONSIBLE GOVERNMENT ACTION GROUP" as listed in the lawsuit. If you look them up on Guidestar to see their IRS Nonprofit registration form it lists their President as David Arkin, a member of the Albany Planning Commission. I thought he had recused himself from this decision, apparently not to the extent that he won't sue over it. Then I looked at the groups website and notice that quite a few notables have endorsed the group including yourself (Caryl O’Keefe), Allan Maris, Peggy McQuaid, Nierlich/Abbott Family, Brian Parsley, Nick Pilch, Beth Pollard, Janet Smith-Heimer. Kind of surprising. See http://www.carbon0albany.org/1010
Make It Right September 1, 2012 at 09:54 pm
See my note below. Wanted to thank you for resigning from Stroller and Rollers, etc. I just talked to a friend and heard that the Green Party endorsement committee for the City Council races is stacked to endorse Nick Pilch with the membership being composed of David Arkin, Preston Jordan and Nan Wishner. Interesting to see who gets those endorsements.
Best I can tell the lawsuit boils down to Nick Pilch, David Arkin and Preston Jordan not getting solar panels on the project and the bike lanes being not to there liking. Is that what you hear?
Damon Lisch September 1, 2012 at 10:00 pm
"Make it Right", your point would be better made if you used your real name.
lubov mazur September 1, 2012 at 11:01 pm
Mr. Right,
If you have forgotten, you previously commented on Peggy McQuaid's post where she states clearly,"In full disclosure, I was a “member” of both AS&R and C0A but resigned upon hearing of the legal action which was determined to be necessary by the leaders of these groups. The lack of opportunity for discussion by the membership before taking action was disturbing." No need for you to go making trouble by slinging mud on those who have already washed their hands of the organizations bringing suit.
Caryl O'Keefe September 2, 2012 at 04:36 am
@Make It Right, you are mistaken about endorsement. The 1010 link you provided refers to those who signed up in 2010 to (try to) reduce individual emissions by 10% during 2010. This individual commitment was consistent with the online descriptions of C0A as a group (listserv) for sharing info about emissions reductions activities. Names on the 1010 link are clearly not an endorsement of any group or organization.
It's worth mentioning that emails Aug 17 and shortly thereafter from Preston Jordan and a few others were the first news about a possible lawsuit to many, if not all, on the C0A listserv. There was no mention of Responsibile Government Action Group to the listserv. The board decided to sue without any advance notice to the C0A listserv.
Make It Right September 2, 2012 at 02:07 pm
Sorry about the misunderstanding. You can't really tell who is behind the group by looking at their website. I did look at the Carbon Neutral listserv admin page and it lists the administrators as Nick Pilch, David Arkin and Preston Jordan. I find it amazing that this whole cast of characters also serve on City Albany Commissions. Pilch and Arkin appointed by Councilman Javendal and Jordan by Wile. Both Councilmembers voted for the Whole Foods project and their appointees are behind the suit to stop it. Thank you very much... (maybe they could have talked to each other and convinced the Council to fix the bike paths so they wouldn't have felt compelled to sue). Maybe the suit is part of Nick Pilch's City Council campaign strategy? Does anyone know if Farid is endorsing Pilch?
Caryl O'Keefe September 2, 2012 at 09:50 pm
I agree Make It Right, you can’t tell from the website who is behind the org for which C0A is dba. Ironic for a “responsible government” board that presumably wants things like disclosure and transparency from others. Thank you for acknowledging the endorsement misunderstanding. That encourages me to request 2 favors. First, names. Please note the correct names/spelling of Council members with somewhat challenging spelling, so future posts are right. Mayor Farid Javandel, Hon Peggy Thomsen. It helps PATCH readers, especially those new to the City, to see correct names and no confusing “monikers”. Also, please refrain from inappropriate remarks and labels. That applies to all posters, plus there's a higher bar for those who post anonymously. For instance, I don’t think of myself as a “curmudgeon” and I’m SURE the others whom you so labeled last night are not. Peggy McQuaid’s proposal to keep threads focused on facts and issues is the right goal.

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Amy Smolens June 7, 2013 at 02:57 pm
Hi there - This doesn't seem like an appropriate announcement for Albany or Berkeley Patch. 1) theRead More category is Announcements/Around Town and these events are all in Marin 2) Patch's "Terms of Use" say "You may use this Service solely for personal and non-commercial purposes. That is to say: You can’t use the Service to make a living unless you enter into a separate agreement with us that says you can." This is clearly solely a commercial venture, not a neighbor of ours or local organization providing a community service and charging for the service. 3) I went to the Novato website and saw this listing: "Ettiquette (sic) Series for Kids - 17737 Ages: 7 Years to 11 Years - Residents $150.00 - Non-residents $163.00" 4) These items push our items of local interest down and out of sight. Especially now that there is no box indicating the stories with the most recent comments, as there used to be on the Patch front page, out of sight does mean out of mind. Charles, what are your thoughts here? Thanks.
angie allison June 7, 2013 at 03:45 pm
Hi Amy, Thank you for letting me know and I understand! Angie
Mechanics from Street Level Cycles tune up bikes at the Albany Arts & Green Festival. Photo courtesy Matt McHugh
Lin B. June 6, 2013 at 11:29 am
I've been waiting for the right time to donate my son's old bike he used in middle/high school. It'sRead More been hanging on hooks in the garage and this seems like a great time to give it up!
christopher papazoglow June 7, 2013 at 10:30 am
Can you please post their hours / days of operation ? As i recall, they're only open afternoons aRead More few days a week, and it won't do to just leave donations outside ( they'll be scavenged ). And i was not able to find the info online.
AS&R - Albany Strollers & Rollers June 7, 2013 at 11:20 am
Thanks, Christopher. Open Community Hours are Friday, Saturday, Sunday 12-6pm so anytime those daysRead More are definitely fine. They're there (84 Bolivar Drive - Aquatic Park) most of the day Wednesdays and Thursdays for Youth Classes and the doors are locked. I just spoke to Amber Rich and she asked you to call them at 510 644 2577 and let them know what time is good for you and they will be sure to be there. Thanks for your generosity!
Dover June 5, 2013 at 02:47 pm
Thanks for the update but I am worried. This is very distressing. How will Eric and Tarina be ableRead More to afford their annual lengthy hipster vacation if they have to cough up lawyer fees? I am sure they were expecting that UCB (aka the rest of us) would pay Mr. Siegel's bill. Now they may have to resort to staying home and eating Top Ramen out of their charming and cheerful "made in Asia by small children but they're not slaving for 14 hours a day in front of our faces so we don't care" ceramic bowls. Oh noes! Bad, bad, very, very bad news.
Charles Burress (Editor) June 5, 2013 at 03:06 pm
David, thanks for the alert to the judge's decision.