The Marketplace, County of Alameda, Slice House and neighboring property owners who are a party to the shared parking contract are being sued to prevent the shared use of the Paseo for outdoor dining.
We are urging you to speak up and HELP put an end to this nonsense.
Thank you to NBC Bay Area for coming out and providing coverage of our Paseo struggles. Despite all the obstacles, Slice House’s opening was a huge success and proved the power of our community. We celebrate and persist. And enjoy some pizza while we do it.
The full story on their site can be found (and shared) here.
IN 2016, FIVE PROPERTY OWNERS, including the County of Alameda, contributed their land to create a shared parking lot and two shared community spaces defined as Paseos to be used for pedestrian access and outdoor dining to benefit the property owners and the Castro Valley community.
SHARED USED OF THE PASEO FOR DINING has been a requirement for the Paseo. To even be considered as a finalist for redevelopment, the Marketplace had to demonstrate how it would establish dining on the Paseo.
Craig Semmelmeyer, as the manager of the Marketplace (before he was removed), signed a lease with Robert Chau to lease Chau’s half of the paseo not in use. The lease wasn’t necessary because all property owners have dining rights on the paseo. IT’S IN THE CONTRACT recorded as a formal easement with the County recorder.
THE REAL KICKER is Mr. Semmelmeyer went to work for Mr. Chau and both are now claiming the lease was required to allow Marketplace tenants to provide opportunities for outdoor dining. This is false. The lease was to make sure unrelated “pop-up” vendors could use the Paseo.
Mr. Chau wanted a new lease for Slice House to use the Paseo for dining. When we said it wasn’t necessary any more because there would be no more “pop-up” vendors on the Paseo, HE SUED US.
THE COURT DEMANDED Mr. Chau sue the other property owners to the contract and SLICE HOUSE. All property owners have dining rights on the Paseo. IT’S IN THE CONTRACT.
AS THE LAWSUIT works its way through the courts, the Marketplace customers are to remain off the Paseo for dining purposes. We’ve been forced to remove the tables and benches.
Speak directly to the property owners involved in the lawsuit which includes the County of Alameda. Email paseo@cvjmc.com.
Let them know you want the Paseo restored for use for outdoor dining, and share with them what the Paseo means to you.
The petition will go to the Shared Parking Joint Maintenance Committee which includes the County of Alameda.
The County of Alameda invested $4,800,000 of your tax dollars to redevelop the shared parking and paseos.
These spaces are for you, your families, friends, and neighbors. Make sure they’re aware of what’s happening and ask them to join our cause.
And shop your small, independently-owned Marketplace businesses.
We’re in this fight, but we need support.
SHOP the neighboring businesses! The actions of the Landlord are not the actions of their Tenants. Our neighbors are local small businesses, too. They deserve your support.
WHO OWNS THE PASEO?
The Paseo was once a driveway. Prior to Mr. Chau’s purchase of the Knudsen property, the Knudsen family contributed its land, as did the other property owners, to create a shared parking lot and paseo for community gathering and dining. Each contributing party has rights to use the parking lot and the paseos for dining.
Read this short history of the parking lot to understandmore.
WHY IS HE DOING THIS?
He doesn’t understand what he purchased from the Knudsen family. Every property owner has rights to the others’ properties for parking and community gathering including dining on the paseos.
WHO BENEFITS?
The lawyers.
We’re grateful for all of you who tuned in, spoke up, and followed along for the Public comment portion of the Castro Valley Municipal Advisory Council Land Use Meeting on Monday, September 9, 2024.
There was a good turnout of passionate speakers who were 100% on our side.
Due to the fact the County of Alameda is a co-defendant in the lawsuit against us, they MAC board was unable to provide any comment.
Litigation is ongoing, and everything remains as is for now.
But it’s clear where the public is on this issue. And that’s worth a lot.