2,459 / 71.3% Yes votes ...... 992 / 28.7% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote of this measure means:

A "Yes" vote by a majority of those voting on Measure T means that Resolution 04-81 and the amendments to the Emeryville General Plan and the Bicycle and Pedestrian Plan will go into effect.

A NO vote of this measure means:

A "No" vote by a majority of those voting on Measure T means that Resolution 04-81 and the amendments to the Emeryville General Plan and the Bicycle and Pedestrian Plan will not go into effect, the Pixar expansion project cannot proceed, and the City Council cannot enact the Resolution for one year from the date of the election.

Resolution 04-81 approved the following changes to the Emeryville General Plan: (i) the land use designation for the property located at the southeast corner of 45th and Hollis Streets is changed from Industrial to Commercial; (ii) the floor area ration or building intensity for the property located at the southeast corner of 45th and Hollis Streets is increased from 0.7 to 1.4; (iii) the extension of Emery Street between 45th Street and Park Avenue is eliminated; and (iv) the planned bike route that was to be provided in conjunction with the extension of Emery Street between 45th Street and Park Avenue is relocated and replaced with an approximately 40 foot wide public bicycle/pedestrian path and linear park along the eastern boundary of Pixar's property.

Resolution 04-81 approved the following changes to the Bicycle and Pedestrian Plan: (i) the planned bike route to be provided in conjunction with the extension of Emery Street between 45th Street and Park Avenue is relocated and replaced with an approximately 40 foot wide public bicycle/ pedestrian path and linear park along the eastern boundary of Pixar's property; and (ii) the relocated bike route is changed from a Class II bike lane to a Class I bike lane.

State law requires that development must be consistent with a city's General Plan. Therefore, in order for Pixar to expand their facilities as approved by the Emeryville City Council, Measure T must be approved by a majority of voters in order for Resolution 04-81 and the amendments to the Emeryville General Plan and the Bicycle and Pedestrian Plan to go into effect.

Measure T is related to Measure U. Measure U asks voters whether Ordinance 04-005 and the Amended and Restated Development Agreement between the City of Emeryville and Pixar should be approved. Both Measure T and Measure U must be approved by a majority of voters in order for Ordinance 04-005 and the Amended Development Agreement to go into effect.

A "Yes" vote by a majority of those voting on Measure T means that Resolution 04-81 and the amendments to the Emeryville General Plan and the Bicycle and Pedestrian Plan will go into effect.

A "No" vote by a majority of those voting on Measure T means that Resolution 04-81 and the amendments to the Emeryville General Plan and the Bicycle and Pedestrian Plan will not go into effect, the Pixar expansion project cannot proceed, and the City Council cannot enact the Resolution for one year from the date of the election.

Respectfully submitted,

s/MICHAEL G. BIDDLE City Attorney

Vote Yes on T & U

Both must pass to keep Pixar

Pixar, creator of Finding Nemo and Toy Story, is one of the leading animation studios and one of Emeryville's largest employers with 750 jobs. Millions of Pixar movies and DVDs proudly recognize the City of Emeryville. Pixar must expand its world headquarters to remain a premier entertainment company.

Pixar has earned Emeryville's support. Pixar is a good neighbor, a civic leader, and an integral part of the community - a model corporate citizen. Pixar's contributions to Emeryville include:

o Major donor to the Emeryville Education Foundation

o Provides computers and professional training to Emeryville schools

o Contributes heavily to ECAP - Emeryville's local food bank

o Funds Emeryville's arts organizations

o Supports the Police and Fire Departments and the Senior Center

o Sponsors civic events like "Bike to Work Day"

o Pixar employees mentor Emeryville students

o Pixar executives serve on boards of local civic organizations

The City Council unanimously supports Pixar's expansion, which includes three new buildings, employee parking, and a new linear park with bike path. Pixar's expansion will provide many benefits to Emeryville including:

o Over $700,00 each year for affordable housing

o Upon completion, more than $3 million to the City each year for public safety and essential City services

o Development fees of $2.5 million, including transportation and school facility fees

o Pixar employees patronize local businesses

o Fees of $1.5 million for City projects like the Greenway and parks

If Pixar is unable to expand its Emeryville facilities, Pixar may be forced to move. The result would be lost jobs, lost community benefits, and decreased City revenues and services.

Votes YES on BOTH Measures "T" and "U" to support Pixar's Expansion.

s/GARY CAFFEY Mayor

s/KEN BUKOWSKI Vice Mayor

s/RUTH ATKIN Councilmember

s/NORA DAVIS Councilmember

s/DICK KASSIS Councilmember

o Traffic congestion

o Environmental impacts

o The impact on neighborhoods of new high-rise development

o Loss of affordable family housing.

The argument that Pixar could be "forced" to move isn't credible. According to published reports, Pixar has spent over $100 million to build its campus. It's projected to spend even more to expand. It wouldn't make business sense for Pixar to abandon that huge investment rather than make some small changes that are very important to the community. It just doesn't add up.

This deal doesn't stack up against what has been required of other large businesses. The City's development agreement with Chiron requires that company to pay up to $27 million towards meeting community needs, including contributing to Emeryville's schools, childcare center, and senior center. Chiron was required to build a public park, run educational programs for Emeryville schoolchildren, and make an effort to hire locally. Why didn't the City hold Pixar to the same standard?

We can get a better deal + one that works for Emeryville residents and for Pixar. The first step is rejecting this flawed proposal.

Vote NO on Measure T and Measure U.

s/KULWINDER KAUR Emeryville Resident

s/MARY MCGRUDER Emeryville Resident

s/MARTHAANN ENGLANDER Emeryville Resident

s/BRIAN DONAHUE Emeryville Resident Bicycle Advisory Committee Member

o The expansion will add 2,700 car trips a day to city streets, and eliminate a planned street. But the City's agreement with Pixar doesn't adequately address the increased traffic congestion the project will cause.

o This change allows Pixar to build a six-story, 75-foot tall parking structure, which is far higher than any other building in the neighborhood.

o The City didn't prepare an environmental impact report for the project, even though it has required such reports for other large-scale projects like Ikea, Chiron and Bay Street. Given all the City of Emeryville is conceding to Pixar - and the project's huge impacts - the City could have made sure to get a fair deal for residents out of this project. The City Council could have:

o Required Pixar to compensate for over 100 planned housing units that won't be built as a result of this project.

o Required an aggressive, legally binding plan to reduce car trips and traffic congestion.

o Created a job training and local hiring program to help Emeryville residents access the jobs created by the project, as other cities do.

o Negotiated a design for the project that protects the character of the neighborhood.

But they didn't. The City of Emeryville has attracted scores of retail, hotel and high-tech businesses over the last decade. The City is in a good position to ask developers to do their fair share for the community before approving deals. This time they failed to do so. So it's up to voters to send them back to the bargaining table.

Vote NO on Measure T and on Measure U.

s/CAROL J. JONES Emeryville Resident

s/NYRINDA HUNT Emeryville Resident

s/SARAH HARPER Resident

s/MARY F. MCGRUDER Emeryville `Resident'

We are glad for the opportunity to set the record straight. To remain a leading animation company, Pixar needs to expand.

Pixar's expansion means attracting and keeping good environmentally sound jobs in Emeryville.

o Pixar is the City's second largest employer.

o The new campus would create over 1,000 more jobs in Emeryville.

Pixar's expansion will not significantly impact traffic.

o Pixar does its fair share in reducing traffic through employee commuter programs, including ride sharing and use of the Emery-Go-Round.

o An independent, professional traffic analysis found no significant impacts at 24 different intersections.

Pixar supports affordable housing in Emeryville.

o Pixar has paid more that $860,000 to the City for affordable housing.

o The project will also provide over $700,000 each year for affordable housing in Emeryville.

The City's approval of Pixar's expansion plan included a complete environmental analysis.

o An environmental document called a "Mitigated Negative Declaration", required by State law, contained a thorough analysis of the project. An Environmental Impact Report was not required because of changes Pixar agreed to make.

The expansion complements the dynamic character of Emeryville.

o The public has been involved in the approvals through study sessions and public hearings.

o Before Pixar builds its garage, the City must approve the design with full public input. o Public opinion is strongly in support of Pixar's expansion.

We urge a YES vote on Measures "T" and "U" to ensure Pixar stays in Emeryville and continues its contributions to our City.

s/ROBERT BLAIN Resident

s/MAEZOLA CALHOUN Resident

s/JOHN GOODING Resident

s/JAMES "JIM" MARTIN Resident

s/CARNELL "CONNIE" WILLIAMS Resident

WHEREAS, in May 1998, the City Council approved Pixar Animation Studios' ("Pixar") application to allow for a two phase development of its corporate headquarters and animation studios on an approximately 16 acre site located between 45th Street and Park Avenue and Hollis Street and the Emery Street right of way between 45th Street and Park Avenue ("Emery Street Right of Way") in the City of Emeryville, with Phase I consisting of an approximately 215,000 square foot building, a six to seven acre private open space area and a parking area, and Phase II adding up to a 200,000 square foot building within the open space area and a second deck of parking over the existing parking lot; and

WHEREAS, Pixar has constructed Phase I of the prior project approvals; and

WHEREAS, as part of Pixar's prior project approvals, the City and the Emeryville Redevelopment Agency ("Agency") entered into a combined Development Agreement and Participation Agreement with Pixar; and

WHEREAS, Pixar, and its related entities, have since acquired two parcels located southeast of the intersection of Hollis and 45th Street (collectively referred to as the "Hollis Property") and an additional parcel between the Emery Street Right of Way and the Promenade Retail Center extending between 45th Street and Park Avenue (the "Castle Property," also referred to as the "PEA Residential Parcel"); and

WHEREAS, in addition to the Hollis Property and the Castle Property, there are additional parcels contiguous to the Pixar site which are proposed for development, including an approximately 8200 square foot parcel commonly known as the Spur Parcel and currently owned by the Agency; and two separate parcels that make up a portion of the Emery Street Right of Way (collectively referred to as the "Emery Street Parcels" or "Emery Street Right of Way"), one owned by the City and one owned by the Agency; and

WHEREAS, the Emery Street Right of Way also includes a 10 foot wide Public Street and Utility Easement created by Document No. 99259447 ("Public Street and Utility Easement") which is burdened by both private and public utilities; and

WHEREAS, Pixar has a reversionary interest in the Public Street and Utility Easement as owner of the underlying fee; and

WHEREAS, on February 21, 2003, Pixar submitted an application to, among other things, amend the Preliminary Development Plan (as modified by Pixar in April 2003 and January 2004, the "PDP") that was part of the prior project approvals to include the Hollis Property, Castle Property, Spur Parcel and Emery Street Parcels, and to amend the Phase II approvals and provide for Phase III and Phase IV development as further described below; and

WHEREAS, the proposed project includes 1) the construction of three new structures in three separate phases totaling up to approximately 533,000 square feet, including the previously approved Phase II building as amended; and 2) the construction of a six-story, seven-level parking garage containing approximately 1,801 parking spaces; and 3) demolition of the building located at 4240 Hollis Street; and 4) development of a bicycle/pedestrian path and linear park on the eastern border of the Castle Property to be dedicated to the City of Emeryville; and 5) associated landscaping and circulation improvements ("the Project"); and

WHEREAS, the amended Phase II of the proposed Project would consist of the following: 1) construction of a two-story building with a partial basement comprising up to 145,000 square feet at the southwest corner of the Project site adjacent to the intersection of Park Avenue and Hollis Street (approximately 55,000 square feet smaller than the maximum allowable size of the previously approved Phase II building); and 2) expansion of the existing surface parking lot to the east for a net increase of 112,820 square feet and 345 parking spaces; and 3) construction and dedication to the City of a Class I bicycle facility and associated landscaping and pedestrian improvements at the eastern border of the Project site of approximately equal square footage to the Emery Street Right of Way; and 4) abandonment and vacation of the Emery Street Right of Way and transfer of the Emery Street Parcels to Pixar; and 5) installation of pedestrian gates; and 6) development of a landscaped set back area along Hollis Street open to the public; and 7) transfer of the Spur Parcel to Pixar; and

WHEREAS, the proposed Phase III of the Project would include construction of either of the following options, at Pixar's discretion: 1) Option 1 would consist of the construction of a two-story office building and basement of up to 180,250 square feet in the southeast corner of the Project site fronting on Park Avenue, removal of the surface parking lot and construction or partial construction of a six-story parking garage to provide sufficient parking to meet increased parking demand as a result of construction of Phase III; and or 2) Option 2 would consist of the construction of a two-story or three-story office building comprising up to 207,300 square feet at the northwest corner of the Project site within the southeast quadrant of the intersection of 45th Street and Hollis Street. Option 2 would require demolition of the existing building at 4240 Hollis Street, extension of the landscaped set back area for the length of Hollis Street between Park Avenue and 45th Street, and construction or partial construction of a six story parking garage to provide sufficient parking to meet increased parking demand as a result of construction of Phase III. Option 2 would also include the removal of surface parking in the southeastern corner of the Project site to be replaced with landscaping; and

WHEREAS, the proposed Phase IV would consist of con- struction of either the Option 1 or Option 2 office building that was not constructed as part of Phase III and, if not fully constructed during Phase III, the parking garage would be expanded to accommodate up to 1,801 parking spaces; and

WHEREAS, in order to effectuate the Project, the City Council must approve the following amendments to the General Plan: change of the land use designation of the Hollis Property and the Spur Parcel from Industrial (I) to Commercial (C) as depicted on the Land Use Map attached hereto; change of the building intensity of the Hollis Property and the Spur Parcel from a floor area ration (FAR) of 0.7 to 1.4 as depicted on the Building Intensity Map attached hereto; elimination of the future Emery Street as a local street between 45th Street and Park Avenue as depicted on the Vehicular Circulation Map attached hereto; and relocation of the north-south bike route from Emery Street to the new bike/pedestrian path to the east as depicted on the Pedestrian and Bicycle Circulation Map attached hereto; and

WHEREAS, the Project requires that the Bicycle Network map (Figure 3), the Short-Term Bikeway Projects map (Figure 6), and Figure N-S 4 in the Emeryville Bicycle and Pedestrian Plan ("Bicycle Plan") be amended to relocate the north-south bike route between 45th Street and Park Avenue from Emery Street to the new bike/pedestrian path to the east, and to change its designation from Class II (bike lane) to Class I (bike path); and

WHEREAS, the staff of the Planning Department of the City conducted an investigation of the facts bearing on Pixar's application and the proposed amendments to the General Plan and the Bicycle Plan and reported its findings to the Planning Commission in a staff report; and

WHEREAS, on April 22, 2004, the Planning Commission held a duly noticed public hearing on the Project, including the proposed General Plan amendments and the Bicycle Plan amendments; and during such public hearing, the Planning Commission adopted Resolution No. PUD 03-01, GPA 03-01, RZ 03-02 and MAS 04-01 finding that the General Plan amendments were insubstantial and recommending approval; and

WHEREAS, pursuant to Emeryville Municipal Code Section 9-4.81.8 the City Council set the hearing date on the General Plan amendments for May 18, 2004; and

WHEREAS, on May 18, 2004, the City Council held a duly noticed joint public hearing with the Agency on the Project, including the proposed General Plan amendments and Bicycle Plan amendments; and

WHEREAS, during the public hearing, the City Council received testimony from the Project sponsor, Project consultants, City staff, as well as members of the general public; and

WHEREAS, during the public hearing, the City Council considered the information included in the Initial Study and Mitigated Negative Declaration, the testimony and documentary evidence presented at the public hearing, the staff report dated May 18, 2004 and all supporting documentation, Planning Commission Resolution No. MND 04-01 recommending that the City Council adopt the Mitigated Negative Declaration for the Project, and Planning Commission Resolution No. PUD 03-01, GPA 03-01, RZ 03-02 and MAS 04-01 recommending approval of the proposed amendments, and the record as a whole; and

WHEREAS, prior to considering the General Plan amendments and the Bicycle Plan amendments, the City Council adopted City Council Resolution No. 04-73 adopting the Mitigated Negative Declaration and making findings relative thereto; and

WHEREAS, the City Council has complied with the requirements of the Local Planning Law (Government Code Section 65300 et seq.), the current State of California General Plan Guidelines, and the City's applicable ordinances and resolutions with respect to General Plan amendment; now, therefore be it

RESOLVED that the City Council of the City of Emeryville, based upon its review and consideration of the entire record, including the above-referenced documents and the testimony received at the May 18, 2004, public hearing, makes the following findings:

1. The amendments to the General Plan, to change the land use designation of the Hollis Property and the Spur Parcel from Industrial (I) to Commercial (C); to change the building intensity of the Hollis Property and the Spur Parcel from a FAR of .7 to 1.4; to eliminate the future Emery Street Right of Way between 45th Street and Park Avenue as a local street; and to relocate the north-south bike route from Emery Street between 45th Street and Park Avenue to the new bicycle/pedestrian path to the east, are in the public interest of the people of the City of Emeryville and the surrounding region.

2. The amendments to the Bicycle Plan to relocate the north-south bike route between 45th Street and Park Avenue from Emery Street to the new bike/pedestrian path to the east, and to change its designation from Class II (bike lane) to Class I (bike path), are in the public interest of the people of the City of Emeryville and the surrounding region.

3. The amendments to the General Plan and the Bicycle Plan will not adversely impact circulation, but will allow for free movement of persons and bicyclists to, from and within the City while avoiding an over-accommodation to vehicles.

4. The amendments to the General Plan and the Bicycle Plan will accommodate the land uses and densities proposed by the Project.

5. The amendments to the General Plan and the Bicycle Plan will encourage a balanced land use pattern in which a variety of uses are intermingled in a compatible fashion by facilitating development of the Project which will enhance and balance the land use pattern in the vicinity.

6. The amendments to the General Plan and the Bicycle Plan will enable the Project to be constructed, thereby encouraging land uses that improve and strengthen the City's tax base and provide significant economic benefits through payment of fees and other fiscal programs while respecting the natural, scenic and historic resources of the City.

7. The amendments to the General Plan and the Bicycle Plan will accommodate the Project, which will remediate blighted conditions by stimulating investment in the Project site area, improving public safety, and changing underutilized land uses.

8. The amendments to the General Plan are insubstantial in nature and submission to the State Clearinghouse is not required; and be it further

RESOLVED, based upon the foregoing, the City Council hereby approves the amendments to the General Plan. The Land Use Map is amended to change the land use designation of the Hollis Property and the Spur Parcel from Industrial (I) to Commercial (C) as depicted in the attached amended General Plan Land Use map; the Building Intensity Map is amended to change the building intensity of the Hollis Property and the Spur Parcel from a Floor Area Ratio (FAR) of 0.7 to 1.4 as depicted in the attached amended Building Intensity map; the Vehicular Circulation Map is amended to eliminate the future Emery Street Right of Way between 45th Street and Park Avenue as a local street as depicted in the attached amended Vehicular Circulation map; and the Pedestrian and Bicycle Circulation Map is amended to relocate the north-south bike route from Emery Street to the new bicycle/pedestrian path to the east as depicted in the attached amended Pedestrian and Bicycle Circulation map; and be it further

RESOLVED, the City Council approves the amendments to the Bicycle Network map (Figure 3), the Short-Term Bikeway Projects map (Figure 6), and Figure N-S 4 of the Emeryville Bicycle and Pedestrian Plan to relocate the north-south bike route between 45th Street and Park Avenue from Emery Street to the new bike/pedestrian path to the east, and to change the designation from Class II (bike lane) to Class I (bike path).

PASSED AND ADOPTED by the City Council of the City of Emeryville at a special meeting held on May 25, 2004, by the following votes:

AYES: (5)Mayor Caffey, Vice Mayor Bukowski and Councilmembers Atkin, Davis and Kassis

NOES: (0) None

ABSTAINED: None

EXCUSED: None

ABSENT: None

ATTEST: s/KAREN HEMPHILL City Clerk

APPROVED AS TO FORM: s/MICHAEL BIDDLE City Attorney