Community Fallout Over School Board President's 'Dictatorial Power Grab'

Teachers, School Board Agree Board President John Affeldt Overstepped His Authority

Democracy Stalls

School Site Called 'Unsafe', Curriculum 'Not Ready'

The fallout continues to build in the community from a palace coup at the August 24th School Board meeting when Board President John Affeldt improperly stopped a vote of a majority of his colleagues on delaying the opening of the school due to safety concerns for the children because the new school site at the Center of 'Community' Life is still under construction.  The vote stoppage is a serious violation with serious ramifications teachers said after the contentious meeting and the law is clear that any duly seconded motion by the Board must be allowed a vote.  At least one teacher characterized what Mr Affeldt did Wednesday night as a "dictatorial power grab".

Emery School Board President John Affeldt
Wouldn't let the Board vote.
Earned the enmity of assembled teachers,
parents and the Board.

The meeting, held on the night before the scheduled first day of school, was temporarily adjourned by Mr Affeldt so he could place a phone call to the District's counsel to inquire about the legality over a vote to delay the opening of the school the Board wished to make.  Ten teachers and two parents testified that the school isn't safe for the children and the teachers also noted they hadn't received the curriculum from the District, nor textbooks.  The teachers were adamant that the opening be delayed for a few days at least.  A majority of School Board members agreed with the teachers in a straw vote.

Mr Affeldt however joined with School Superintendent John Rubio in insisting the school must open as planned, regardless of any stated safety concerns or lack of curriculum and that even if they agreed, it was "too late for that" anyway.  They posited the agenda item under consideration was an informational item and that any voting would constitute a Brown Act violation.  Board member Christian Patz noted the Brown Act provides for work arounds if an emergency is declared and that student safety constitutes an emergency.

Construction Zone Trip Hazard
The blue tape was added after a teacher broke
her leg. The tape cautions teachers, parents
and children about the two inch level change.  

Superintendent Rubio immediately sought to downplay teacher and parents concerns over the children's safety, calling the whole thing an "emergency created out of thin air".  Notably, a teacher broke her leg two days before in the construction site when she was attempting to prepare her classroom for the children on opening day.  Turner Construction, the contractor in charge, placed some blue tape over the trip hazard after two more teachers tripped.  Superintendent Rubio did acknowledge the teacher's broken leg and said the trip hazard would be fixed by Turner soon.

Former City Councilman and current School Board candidate Ken Bukowski Thursday noted the action by Mr Affeldt represented an overstepping of his authority.  Mr Bukowski forwarded the following letter to subscribers to his 'you tube' page where he provides video of School Board meetings and other important regional public policy meetings.                                                              

Here is a summation of candidate Bukowski's accounting of the meeting:

"It was a very contentious meeting.  The main discussion was the question of opening of school for today, August 25th.  Numerous teachers came to the Board and asked for the opening to be delayed because the project is not complete.  Teachers also claimed they did not have their curriculum to provide instruction.  There were many comments about items in the hallway.
A majority of the Board wanted to vote to delay the opening, but Board President John Affeldt did not agree.  He claimed a vote could not be taken, since the item on the agenda was only informational.  However Christian Patz said, the Board could declare there was an emergency, and thereby direct the Superintendent to delay the opening. 
The meeting was recessed to allow Affeldt to check with County Counsel.  When Affeldt returned, he claimed the counsel said, there was insufficient reason to claim an emergency existed.
The purpose for checking with the attorney was to see if a procedure for declaring an emergency was possible.  Generally, legal counsel tries to justify the wishes of a board majority, if feasible.  It must be clear Affeldt likely framed the question to obtain the desired result. 

The question of whether or not an emergency exists is a decision for the Board to determine.  The Board is responsible for its decision, not the attorney.  Affeldt, overstepped his authority, and would not allow the board to make a decision.  He failed to respect other board members by failing to call the question, despite numerous requests.
The testimony of several teachers and members of the public provided sufficient information to raise the question of safety, as well as saying they could not perform their professional duties.  It was clear there was no orientation.  I know it took me almost 20 minutes to find the board meeting. Certainly hundreds of kids on the site for the first time would have to be confused.
The Board president has no right to fail to call a vote, if there is a motion and a second. The Brown act says if it is an issue of health and safety the board can act. 
The Superintendent said, if the school opening is delayed he didn't want to be responsible for what could happen to the kids who could not attend school.  However, opening a brand new project, there is always a possibility there could be a problem.  For example, on opening day if the electricity went out, and the school didn't open, it would not be a huge surprise. 
The school district is never responsible for the conduct or behavior of students who are not in school, at any time.  However, if kids show up and sustain injuries at the school, especially if there are known problems, it could rise to the claim of negligence when you know a dangerous condition is pre-existing.
I was disappointed with the way it went.  It may have shattered the confidence of students and teachers, unnecessarily, just to make an opening date.  Anything done in haste, is usually not the way to go."

A video of the meeting can be viewed HERE.

Brown Act Scandal: Schools Superintendent Admits Meeting Was Illegal

Evolving School District Scandal:

Schools Superintendent Admits 

Brown Act Law Was Broken

In a rapidly moving scandal, Emery Schools Superintendent John Rubio offered the following letter today (below) in response to accusations from Board member Christian Patz that before the public School Board meeting on November 18, a three Board member quorum including Board President John Affeldt, privately met in the Superintendent's office to discuss a proposed $5 million school bond issue on the Board's agenda, a Brown Act violation.  In the letter, Superintendent Rubio admits the private meeting was illegal and constituted a Brown Act violation.  Further, Mr Rubio seems to feel he himself is to blame for the illegal act, leaving the three Board members free from culpability.  Mr Patz has indicated that the Board, especially President Affeldt who is an attorney, is responsible for the violation.  
Conversely, President Affeldt as of today, still stands by his assertion that Mr Patz acted unprofessionally in bringing his charge of impropriety against the Board and that the private meeting with a Board quorum was appropriate and did not represent a Brown Act violation.  The two other Board members have not made a statement after the November 18th meeting.

Emery Schools Superintendent
John Rubio

For the record, the Board voted to sell the $5 million bond for construction of the Center of 'Community' Life at the public Board meeting (3-1 Patz dissenting, Ashe absent). 
The illegal quorum consisted of Mr Affeldt as well as Board members Melodi Dice and Donn Merriam.  Ms Dice has announced she will be stepping down from the Emery School Board in December for personal reasons unrelated to the Brown Act scandal.

Here is Superintendent Rubio's letter:

Dear Board Members:  

I received a copy of the e-mail sent by Board Member Patz on Friday (November 27th).    In that e-mail, he set forth his concerns about the meeting of the Superintendent’s Finance Committee that occurred on November 18, 2015.    Member Patz’s concerns are more completely laid out in the letter addressed to Board President Affeldt that was attached to the e-mail.  

I appreciate the questions because I also want to be sure that we correctly understand and follow the open meeting laws whenever the Brown Act applies.  

The purpose of the committee meeting that Member Patz identified in his email/letter, which I chaired, was simply to review (with John Baker’s assistance) an updated list of existing and potential expenses concerning ECCL.  These expenses were subsequently presented to the public, and to the full Board for the action it deemed appropriate, pursuant to an agendized item as part of the regular meeting agenda.    Indeed, most of the expenses reviewed by the committee had been discussed in public meetings over the last three months and were being updated with the most recent/accurate cost estimates for presentation to the full Board.  

I feel it is accurate to say that I, and all Emery USD Board Members, share Member Patz’s view that the Brown Act requires transparency.  The General Rule is that meetings are to take place in public.    While there are exceptions, they are just that – only limited exceptions to the General Rule.  

One exception is any committee formed by the Superintendent (i.e. not by formal action of the Board).    This is a slight modification to the Brown Act that was made to address some of the ambiguity that surrounded the old criteria of “standing” vs “non-standing,” permanent vs temporary, and decision making vs advisory.  

I, and superintendents before me in Emery USD, have formed these committees to assist Superintendents to prepare agenda items for presentation to the full Board for discussion and potential action.    They are not empowered to, nor do they, take any action on behalf of the District.

I believe that the Superintendent’s Finance Committee qualifies as an exception to the General Rule provided there are only two Board Members in attendance at the meeting.  I recently double-checked with legal counsel who affirmed the legality of this practice.    It appears that Member Patz understands this exception.   It is his view, however, that the Board should eliminate the possibility of such committees.  

I erroneously believed that it was permissible for a third Board member to attend, provided he/she did not “participate.”    This, however, was based on me not correctly understanding the law.    Attendance by a third member would only have been permitted if he/she were attending a properly noticed meeting of a committee created by Board action.    In such a case, even if a quorum of the full Board was present, other Board members could attend a “standing” committee provided they neither sat at the dais nor “participated.”  

I concur that Government Code Section 54952.2 (a) spells out when a meeting has occurred:   A Board meeting has occurred whenever a majority of Board members gather at the same time and location (including by teleconference) to hear, discuss, deliberate or take action on any item that is within the subject matter jurisdiction of the Board or district.  

I do not concur with Member Patz’s characterization of what occurred during the meeting of the Superintendent’s Finance Committee on November 18.th.   At no time was a vote taken, nor was there a collective commitment to take an action, nor was there a promise or collective commitment to take an action. 
     

I have summarized Member Patz’s demands, and offer the following observations and recommendations to Member Patz and the full Board to resolve his concerns and his demands:  

1.  DEMAND:     Cease and desist all meetings of the Superintendent’s Committees on Finance and Facilities.   Or, in the alternative, establish them by formal Board action so that they are subject to the Brown Act.  

Superintendent’s Response:    I feel that, as currently configured and formed, these committees are very valuable to the Superintendent.    While it is a policy determination for the Board, I recommend that the Board continue to permit me and future Superintendents the latitude to establish such committees as deemed necessary.    In no case, however, can a quorum of the Board ever attend such a meeting.  

2.  DEMAND:     An acknowledgment at a future Board meeting that the Superintendent’s Finance Committee meeting on November 18th was a non-agendized meeting of the full Board.

Superintendent’s Response:    Because it was my committee, I will make this acknowledgment at the next regular meeting of the Board.    Board members may, as they feel it appropriate, comment on my acknowledgment.  

3.   DEMAND:     Board Members, particularly those that attended the meeting on November 18th, to receive Brown Act training at no cost to the public.  

Superintendent’s Response:    Brown Act Training, including periodic refreshers, is invaluable to public officials (including Superintendents).   I have asked Bob Kingsley, of Kingsley Bogard, to present a Brown Act workshop to the Board.    Because of his Firm’s long-standing relationship to the District, he has agreed to do so at no charge to the District.   I will survey Board members to determine an acceptable time and date.  

It is important to note a final factor - there is nothing related to the vote taken concerning the bonds to cure and correct.   I have consulted with a legal counsel at each of the two firms primarily used by the District, and both concur with this assessment since the entire Board discussed, deliberated and gave direction on the topic during the open session pursuant to an agendized item.   Moreover, as Memberr Patz acknowledged, a technical violation of the Brown Act does not void actions (such as bonds) that involve third parties.  

If he feels it is necessary, I am happy to meet with Board Member Patz to discuss his letter and my recommendations to the Board.   To the extent that he feels that my recommendations do not fully address his demands, I will work with him to resolve any remaining issues.   As necessary, I will involve legal counsel.    

Whenever I make an error or have misunderstood the law, I will always take immediate action to correct my understanding and District practices.   In this spirit of correction, improvement and collaboration, I urge all Board members in the future to bring such matters to my attention in a non-confrontational manner.   I believe that the Emery USD community (students, families and staff) depend on a professional, well-functioning Board where all members work together to resolve our issues.  

In closing, I feel it is accurate to say that the entire Board and I are committed to follow the Brown Act whenever it applies.    

Thank You,     

Dr. John Rubio, Superintendent 

Video Shows School Board Intransigence on Brown Act Debacle

Eleven Minutes of Shame

News Analysis/Opinion
The following lurid video snippet from the November 18th Emery School Board meeting (below) shows a slow motion train wreak as Board members and the Superintendent try to fend off damning allegations of illegal back room dealing by a Board quorum, a Brown Act violation, made by their colleague Christian Patz as covered by the Tattler (HERE & HERE).  The antics that unfold reveal an irony that comes when arrogance and narcissism sets into a body politic: by meeting privately in the office of the Superintendent the Schools, the Board quorum attempted to get their ducks all in a row with regard to the impending public vote on the new $5 million school bond they wanted to sell but when member Patz dropped the allegations on them in the follow up public meeting, the ducks seem to fly off all akimbo and their answers end up being contradictory.  This is especially true of the way Board President John Affeldt and Superintendent John Rubio answer the allegations: the meeting was not illegal and not wrong says attorney Affeldt while Mr Rubio tacitly admits there is something wrong about a quorum meeting privately. Taken all together, the four of them obviously never planned on having to answer such impudent questions about their illegal actions that the video reveals have happened more than once.

In addition to the unseemly spectacle of the Board President doubling down on denying the accusations from Mr Patz, the video reveals member Melodi Dice as she takes personal offense to the allegations and leaves the room in a huff, only to return later in order to take the vote to sell the bond.  Member Donn Merriam also takes personal offense and provides the quote of the season while Superintendent John Rubio assures us it's rare that the quorum meets illegally but when they do it's done very professionally.


Notable Quotes:
"A third Board member came to observe and that is completely within the Brown Act and appropriate"- Board President John Affeldt

"I am so insulted.  I have a lot going on in my world, we all do.  We do not need additional B.S.  It's not fair for this Board to be accused of B.S.". - Board member Melodi Dice

"For you to say I've violated the Brown Act with no evidence whatsoever, just what you see?" - Board member Donn Merriam

"It is very rare that we do this." - School Superintendent John Rubio


Table of Contents to the Video:

1. 0 - 3:07   Board member Patz drops his charge
2. 3:07 - 6:48   President Affeldt angrily doubles down on his insistence the Brown Act wasn't violated
3. 6:48 - 8:14   Member Dice's histrionics and umbrage, including leaving the room
4. 8:14 - 9:58   Mr Patz defends himself
5. 8:58 - 9:27   Superintendent Rubio contradicts President Affeldt
6. 10:21 - 10:58   Member Merriam, deeply offended, offers up the quote of the year
7. 10:58 - end   Board approves $5 million bond 3-1 (Patz dissenting)

Video courtesy of Emeryville Property Owners Association

School Board President Holds Illegal Closed Door Meeting, Trustee To File Charges

Public Shut Out of Meeting Discussing 
$5 Million Public School Bond Money

School Board Member Patz Says Meeting Was Illegal

Emery Unified School District Board of Trustees member Christian Patz reports a serious violation of a 'sunshine' law known as the Brown Act meant to stop closed door back room meetings for elected public trustees when he observed three Board colleagues privately meeting with the Superintendent in his office before a regular public School Board meeting Wednesday evening.

Board President John Affeldt

Mr Affeldt, an attorney, chaired 

the illegal Finance Committee meeting 

(or illegal Board Meeting,

take your pick).

Mr Patz indicated the three School Board members were likely discussing how to spend $5 million of public money to be obtained by the forthcoming sale of a new school bond for construction of the Emeryville Center of 'Community' Life.  At the School Board public meeting, conducted after the private illegal meeting Wednesday evening, Emery School Superintendent John Rubio admitted on camera that School Board President John Affeldt and Board members Melodi Dice and Donn Merriam met privately to discuss how to spend the school bond proceeds, an illegal action.  Mr Patz indicated he will take further action on this by notifying the Alameda County Board of Education and perhaps other authorities.

Responding to charges of impropriety from Board member Patz, President Affeldt flipped the charge and called Mr Patz' comments "inappropriate".  He explained he believed the private meeting was not a violation of the Brown Act because Board member Merriam was only there as an observer and he was not an active participant.  For the record, the Brown Act expressly forbids more than two Board members from privately meeting where School Board business is discussed, the matter of a member not speaking is immaterial to the law.
Board member Merriam, for his part responded to Mr Patz' allegations with a quotable quote, "For you to say I've violated the Brown Act with no evidence whatsoever, just what you see?  I can't condone that behavior, that insinuation."  Again, for the record, what Mr Patz saw was three Board members in a private closed door meeting where School District business was being discussed, a direct violation of the Brown Act.
Superintendent Rubio explained that such meetings in his office with more than two School Board members happen but they are "rare".  Mr Rubio added when the Board does privately meet (in violation of the Brown Act) they do so "very professionally".

Schools Superintendent John Rubio
Says illegal meetings take 
place in his office 'very rarely'.

The Emery Unified School District was the subject of an Alameda County Grand Jury investigation last year for not complying with the Brown Act in conducting meetings of its Citizens' Bond Oversight Committee.  The response from EUSD clearly showed the District received legal counsel on this issue, removing doubt that the District is now well versed in proper compliance with the Brown Act's requirements.

Mr Patz charged the Board Tuesday evening should not vote on the new school bond because the previous illegal discussion on the topic would automatically negate any vote the Board might take but President Affeldt, an attorney, proceeded on without regard to Mr Patz' warning, directing discussion and a vote approving the sale of the bond.

The Board approved the $5 million school bond 3-1 (Patz dissenting, Ashe absent).

People of Emeryville Pay Swinerton $1.2 million For What?

Swindled By Swinerton

Shame on Swinerton?  Sure But Even More, Shame on the City Council (& School District)

News Analysis/Opinion
$1.2 million.  That's quite a bit of money for a town the size of Emeryville.
It's how much the people of Emeryville are paying to make sure the builder of the Center of 'Community' Life, Turner Construction, doesn't rip us off.  That's a lot of money but for a $100 million+ project, it seems like a prudent and reasonable expenditure.  After all, if our interests aren't assiduously looked out after, Turner Construction, ever mindful of its bottom line and its shareholder's demands for maximum returns on their investment, could cut corners and we'd be on the loosing side.
So the School District has hired another construction firm, Swinerton Builders, to oversee Turner and represent our interests.  Swinerton is supposed to report back to the City Council and the School Board and provide helpful information.  But if Swinerton isn't on the up and up, we will have wasted $1.2 million of taxpayer money.

And that's exactly what has happened.

Swinerton has taken our money and they've been representing not our interests, rather, they've been representing Turner's interests.   That's quite a charge...but that's exactly and demonstrably what they've been doing.  Swinerton works for Turner and Turner works for their shareholders...and us?  Who works for us?  We're the deep pockets, we pay the bills.

Two recent issues highlight the breakdown here; the issue of the community pool and the issue of a recent Turner request for a noise waiver, relief from the constraints of our Noise Ordinance.

They're Not Working For Us
The community pool fiasco has been previously reported on by the Tattler, but for sake of illustrating how Swinerton is not working for us, the salient point is that Swinerton used the issue to make excuses for Turner for the 200% cost overrun there.  What we didn't hear from Swinerton is how we (the City of Emeryville and the School District, the owners of the community pool) could use what contractual leverage we have to effect a better outcome for us.  Instead, Swinerton simply reported the problem, stated Turner's reasons for why we need to pay more than twice what they originally said we would need to pay, and then Swinerton recommended we pay the higher amount.  Swinerton's loyalty, shamelessly fell on the side of Turner, a fellow builder.  

Again, They're Not Working For Us
And then there's last Tuesday's performance by Swinerton.
Turner is under contractual obligation to finish the Center of 'Community' Life on time.  If they fail to meet the deadline, there will be financial penalties.  It's standard contractual stuff.  So Turner has an interest in making sure they finish on time.  They came before the City Council on Tuesday requesting permission to work starting now, on Saturdays.  But the contract doesn't provide for that and Emeryville's Noise Ordinance forbids it specifically.
And so Turner is seeking some padding in their schedule to make sure they'll finish on time, hence their request for a waiver from the Noise Ordinance.  Actually, Turner didn't even ask themselves, rather they sent their colleagues at Swinerton to ask for them.  The City Council granted a waiver but the point here is not whether the people of Emeryville have interest in giving Turner more time to assure the project will finish on schedule, the issue is that Swinerton didn't inform the Council where their (the Council's) leverage lies.

Oops!  They misspelled their 
own name in their logo: 
Make that 'Swindleton' Builders

If Swinerton were working for us, they would have explained how the City Council could use their leverage over Turner to extract concessions in trade for the noise waiver.  But Swinerton isn't working for the people of Emeryville, they're working for Turner Construction (and collecting our $1.2 million for their efforts).

Turner Construction is a publicly traded corporation.  They're in the business of looking out after their shareholder's interests.  That's how it's supposed to be.  But conversely, our City Council and our School Board is supposed to be looking out after OUR interests.  That's how it's supposed to work.  Turner would never give anything to us for free.  We wouldn't expect that and their shareholders would be understandably up in arms.  But neither should we expect our representatives to give Turner anything away free.  We have something the profit seeking corporation wants: the ability to disrupt our peaceful Saturdays.  We should negotiate with the corporation.  Give away our peaceful Saturdays, fine.  But get something in our interest in return.  We don't send representatives to City Council or the School Board to give away our stuff for free.  We expect them to work for us just like we expect Swinerton to work for us.  Both Swinerton and the City Council is being paid by us after all.  What happened to 'fee for services rendered'?

Where Does the Allegiance Naturally Fall?
Swinerton has allegiance in this equation, to Turner.  That's not surprising.  These contractor builder developer corporations look out for each other.  In San Fransisco right now Turner Construction is being paid to be the overseer to Webcor Builders for the massive Transbay Terminal project. And Webcor is likely overseeing a different contractor elsewhere.
Here, the City/Schools in Emeryville has a 'one off' relationship with Swinerton.  But Turner and Swinerton have an ongoing business relationship.    In Emeryville Swinerton is overseeing Turner now.  But next year perhaps it'll be Turner overseeing Swinerton in a different project in a different town.  That what these guys do. They trade places with each other as paid consultant overseers.  It's a very cozy business relationship and in Emeryville it's costing us $1.2 million.
It's cozy and it's also highly lucrative.  Swinerton is paying one person to be the liaison between Turner and the City/Schools.  Probably paying him $100,000 or so.  The rest of the $1.1 million is pure profit for Swinerton.  It's a nice gig if you can swing it.  And Swinerton (this time) can swing it.  Maybe next time it'll be Turner on the receiving end of the rotating door.

We don't expect Council members Nora Davis or Ruth Atkin to demand the people's interests be looked out for.  That wouldn't be in their character.  They've always sided with the developers over the residents in our town.  But the new progressive Council majority?*  This is unexpected.  Come on guys.  This isn't why we elected you.  Do your job.  We want our interests represented at City Hall.

* Councilwoman Jac Asher was absent Tuesday 

Breaking News: New Delay at Center of 'Community' Life (Again)

High School Won't Be Ready 

City/Schools Committee Learns (for Third Time)

Unknown Where Students Will Be 

Come Spring 

Tonight a representative of Swinerton Builders, the paid liaison between the City of Emeryville and Emery School District and Turner Construction, the builder of the Center of 'Community' Life (ECCL) told the City/Schools Committee the high school under construction at the San Pablo Avenue site will now not likely be ready until fall 2016, the third announced delay for the school in recent months.  This most recent delay, coming a mere three weeks after the last announced delay, puts the high school part of the ECCL a year behind schedule.

Using cagey and indirect speech, John Baker, Swinerton's intermediary, said the school building would be "substantially" finished by March, a reversal from early October when he announced the only thing not completed at the high school by Turner would be the elevator but that would be ready by March.  Oakland Unified School District indicated at that time Emery Unified would not be permitted to rent Santa Fe after March since they plan a remodel of their school to ready it for their own students next fall.  As of now, it is unknown where Emery High School students will be going to school next spring but Superintendent Rubio told the City/Schools Committee tonight he was busy trying to convince Oakland to let Emery continue renting until the end of the school year early next summer.

The City and the School District have a $1.2 million contract with Swinerton Builders to represent the people's interest and to oversee Turner Construction.

The whole ECCL, high school, elementary school, pool and community center originally was supposed to be completed in 2015.

Construction Delay at Center of 'Community' Life; High School Won't be Ready on Time

High School at Emeryville Center of 'Community' Life Behind Schedule Again

Not Opening in January as Promised

The Superintendent of Emeryville Schools has conceded that Emery High School at the Center of 'Community' Life, will not be ready for students at the start of the new semester in January as had been promised earlier, leaving students without a certain school location as of now, the Tattler has learned.
The new delay, apparently a problem with the elevators at the two-story school, is the second one for the beleaguered project, coming on the heels of an earlier construction delay that pushed back the opening of the school to January 2016 from the original August 2015 proposal.
Emery's Superintendent, John Rubio, refused to comment on the latest delay.

Superintendent Rubio told the Emery School Board at their September retreat that Turner Construction, the lead construction company contracted to build the Center of 'Community' Life, would finish construction in March 2016 and that students could move into the new facilities at that time, in mid semester.  Mr Rubio indicated he was in negotiation with the Oakland Unified School District seeking to secure a new agreement to continue Emery's current arrangement to lease Oakland's Santa Fe School.
Emery has been using the Santa Fe Elementary School as its temporary site for Emery High School as the new school is being built at the San Pablo Avenue site of the Center of 'Community' Life.  The lease with Oakland was earlier re-negotiated to cover the first construction delay, adding an additional $1.5 million dollar cost for Emery, but Oakland at the time cautioned there would be no more lease extensions because they intend to remodel the school to get it prepared for the start of the 2016/17 school year for their own students.  Presumably Oakland agreed to the latest re-negotiation with Emery because they determined it would not interfere with their remodeling plans for Santa Fe School.
In addition to twice missing the finish date, the Center of 'Community' Life is also over budget and the School Board is exploring issuing another school bond to pay for the cost overruns.  Among others, the swimming pool has come in at least 200% over budget and has caused much consternation among City Council members since City Hall is on the hook for the extra costs.

Superintendent Rubio noted he intends on issuing a statement regarding the newest construction delay soon.

School District Announces New High School at San Pablo Avenue Site May Be Overdue

July 2015 Deadline May Be Slipping Away for Center of 'Community' Life

The Emery Unified School District has released a document that is qualifying the long promised July 2015 completion date of the new high school part of the Center of 'Community' Life project ready to begin construction on San Pablo Avenue, a date that has stood without qualifications for years.  The document, called the 'Progress on Key ECCL Project Milestones', is the first public softening of previously promised iron-clad completion date commitments for the high school at the beleaguered schools/community center.  With the release of the document, the School District wants the public to know that the July date, set several years ago, is now a "target" and is subject to contingencies including "approvals" and "steel delivery time lines".

The new asterisks attached to the July 2015 high school completion date represent the second time the District has adjusted the ECCL construction schedule.  Two years ago, the elementary school and community center part of the project were pushed back to a June 2016 completion date.  Those two components, were originally also scheduled to be completed by July 2015.
The pool and gymnasium are scheduled to be completed by the end of June 2015 and the District has so far attached no contingencies with those finish dates.
Toxic soil remediation work on site needs to be completed before the high school construction work can begin, a digging job that started May 12th.  Although the schedule shows the contractor completing the soil removal and replacement with uncontaminated fill on June 1st, at a presentation made at tonight's Council meeting, an ECCL construction manager said that soil remediation work would now not likely be finished until mid June.

The tightening schedule means the site prep work, the pool & gym completion along with building a new high school, ready for move-in will all need to be done in a year, an extremely ambitious date.  But it's a date the temporary Superintendent of the Schools, John Sugiyama says is still doable, "My understanding is the July 2015 date [for the high school] is still solid" he told the Tattler today.

The District has moved the high school over to the abandoned Oakland Santa Fe Elementary School site on the Emeryville border for two years at a cost of $1.5 million and that lease is up in July 2015 even though Emery has secured an extra six additional months rental as a contingency.

To be able to admit students to the new high school for start of school year in 2015, the building needs to be finished and the site ready by that July owing to furniture set up and technicalities.

School Site Toxins: Who Could Have Guessed?

Q: Who Could Have Guessed?
A: 101 Emeryville Citizens (None on the School Board)

Regular citizens could have guessed.
The authorities however couldn't have foreseen.

Opinion
There is a school property in town, currently the site of Anna Yates Elementary on 41st Street, which has been used as a school site for over a century, since before Emeryville was incorporated as a city.  Then there is another school property, the former Secondary School site--now the Emeryville Center of 'Community' Life site--on San Pablo Avenue, that, as anyone with any curiosity about or knowledge of Emeryville history could tell you, has been a site that housed a whole host of businesses engaged in producing nearly every kind of toxic industrial waste imaginable. When the Emery School Board obstinately decided, against the urging of 73 stakeholders, to consolidate all of Emeryville's children onto one site, WHO COULD HAVE POSSIBLY FORESEEN that there might be downsides to that decision, such as these toxins in the soil that we are now disturbing and have to handle at a cost of over $1.7 million?  And when 28 residents asked for a full environmental impact report last summer, they were rebuffed by this School Board, who assured us that there would be no significant environmental impacts of the ECCL project.

It's really such an astounding train wreck, that there isn't any joy in saying, "We told you so."

Breaking News: Chief Proponent of Center of 'Community' Life, School Board's Josh Simon Said to be Moving to Oakland

Amid swirling rumors, the Tattler received confirmation from two sources today that Emery School Board member Josh Simon, the chief proponent of the Center of 'Community' Life is giving up on Emery, selling his home and moving his family to Oakland.
A search of Zillow, the real estate website shows 5514 Doyle Street Apt # 5 for sale.
Mr Simon, a parent of two school aged children, has arguably been the largest booster of San Pablo Avenue's Center of 'Community' Life in the City over the years and a powerful advocate for the controversial project on the School Board.  He has provided the Center of 'Community' Life what intellectual heft it has as the project has moved past its critics and now starts the construction phase.

The abandonment of the District by Mr Simon combined with Superintendent Debbra Lindo, recently dismissed by the Board and Center of 'Community' Life project manager Roy Miller also now gone, leaves a massive project, just starting up, with no institutional memory and no first tier proponents left standing.  Concerned citizens have expressed worries should anything go wrong at this point, say financing operating expenses or a number of other looming problems, there will be no one left to turn to for accountability.

Mr Simon was not available for comment and he has not confirmed this with the School District sources say.  The sources for this story wish to remain anonymous.

"Shared Space" on Display at Temescal Creek Park

Naysayers Can Already See Effectiveness of the Center of 'Community' Life's Shared Space

Opinion
In the past this blog has been critical of the City and School District's ideas around "shared space" as part of the new Emeryville Center of 'Community' Life.  This blog has repeatedly aired concerns that the San Pablo Avenue site was too small for all of the activities planned there and the City and School District have always responded that the site is not too small because children don't need dedicated spaces, but that the miracle of "shared space" is going to solve all our City's programming and scheduling issues.  So the School District's children are going to share space with the City's general public at the Center of 'Community' Life and all is going to be good.  Skeptics can rest assured because it appears that now the City has demonstrated the viability of this idea through a real life example in Temescal Creek Park.

Never shy about admitting when it is wrong, the Tattler will also have to take back its repeated claims that City leaders do too little to provide low-income housing.  Indeed, the City has a plan to serve those in the greatest need in our community and has, unbeknownst to many, already put this plan in action.

Thin sheet and two empty bottles of gin

As seen in these photos, the City has set up a homeless shelter at the base of several large Eucalyptus trees in Temescal Creek Park.  While currently only one thin sheet and a warm hat is being provided, we can certainly hope that these City services will be expanded.  It is not known whether City personnel or kind donations provided the three bottles of Taaka gin, the can of Bud Light, and the box of "sweet" cigars.  Public Works might consider relocating a trash can a little closer to this location, about 15 feet from the children's play area.

Empty box of cigars

Empty beer can nearby

This is the beauty of "shared space" on display for all to see.  The children can utilize the fantastic new play equipment during the day, and our City's homeless can cozy up with some gin and a smoke during the evening.  This example also helps make sense of the selection of the San Pablo Avenue location for the Center of 'Community' Life.  While some have questioned placing all our City's children on this state highway, San Pablo Avenue will provide convenient evening access for our City's homeless to the new Center of 'Community' Life once construction is complete, and then this proven example of "shared space" can be implemented again.

Thin sheet and warm hat

Empty bottle of gin nearby

School District Goes Rogue Over Bike/Pedestrian Path

Bike/Pedestrian Path Putsch

School District to Emeryville Residents:
You Are Not Respected, 

"Bike/Ped Path Never Rose to a Level of Priority"

Opinion
Emery School District's chief architect for the Center of 'Community' Life, Mark Seiberlich, said it all on July 25th when, speaking for the District, he told Emeryville's Planning Commissioners the bike/pedestrian path associated with the project "never rose to a level of priority" for the District.  Meaning that they never took the required ECCL path seriously when they designed the school/community center.   

That quote, seemingly innocuous in its banality, hidden amongst more demonstrative testimony at that meeting, was really a remarkable admission.  It was an admission of insubordination from a retrograde public agency.  For those paying attention to Emeryville politics, hip to Emery's intransigence, it was like one of those incriminating utterances, an ah-ha moment picked up from a bugged East German dissident's apartment a Stasi official might listen years for. 
  
Mark Seiberlich's utterance about the bike/ped path not rising to a "level of priority" is remarkable in that it gives up the game, really.  Because all this time, the School Board has been assuring us that they want what we want; they're working in the community's interests.  But Mr Seiberlich tells us all what the real program is with the Center of 'Community' Life: Emery is not really legitimate, it's a rogue independent agency, driven by something not known but not good, posing as a school district.

Everyone Has Told the District to Comply

Emery School District to the people of Emeryville:
It's our way or...you can go here

How rogue has the School District gone?  Consider that they have totally snubbed all the authorities in Emeryville; everyone and everything charged with deciding about this issue.  Emeryville's new $200,000 Pedestrian/Bicycle Plan and the $4 million General Plan requires the ECCL path, but the District challenged it..... and then they got their answer: The Bicycle/Pedestrian Committee twice voted unanimously for the path...and then the Planning Commission twice voted for it...and then the City Council voted for it.  The insolence is astounding; they were officially told by the City Council to build the path but obliviously onward they march.   A real public agency working on behalf of the public, at this point would comply, but not Emery.  They're moving forward with the Center of 'Community' Life without the ECCL path, the democratic institutions and the people of Emeryville can all go to hell.

Our School District thinks its not beholden to the people of Emeryville.  They think they're above the democratically institutionalized deliberative process.

School District to the people of Emeryville:
'We got your bike/ped path right here'

It's now obvious that School Board members together with District officials met in private and schemed this plan, now turned into a putsch, many months ago.  They added up their votes on the City Council, 3-2 they figured.  They calculated the Council majority would give in to their commands to not force this path.  But they miscalculated.  The Council voted 3-2 alright but three said NO to the School Board and yes to the path.

As City Hall prepares to give the School District $21 million of our money to build this Center of 'Community' Life, we need to push back.  We need this bike/ped path built and all the other things the School District is taking away like the 53rd Street Greenway and the 47th Street 'Green Street'. We'll have our chance when the Planning Commission meets again to see the latest anti-bicycle & anti-pedestrian ECCL design on August 22nd.   Perhaps the Planning Commission will have the fortitude to again one more time, tell a brick wall to build the ECCL path and respect the people of Emeryville. 

Group Photo:
(left to right) The Emery School Board,
 the Superintendent of the Schools and the
management staff of the Emery School District 

   

Emeryville Planning Director Doubles as Artist

Charlie Bryant, Artist

Interesting but his work is a bit derivative   

Opinion/Art Criticism

Charles Bryant
Emeryville Surrealist
"Ceci n'est pas un arbre"
"This is Not a Tree"  2013

Who could have guessed our own Planning Director, Charlie Bryant, would emerge as an appropriationalist artist of the surrealist genre?
Art lovers at last Thursday night's Planning Commission were treated to a Charlie Bryant premier, an original art work he unveiled from his dais he calls "This is Not a Tree", a semantic flight of fancy homage to the well known 20th century Belgian surrealist, Rene Magritte.  But whereas Magritte's seminal 1929 work, 'This is not a pipe' is oil on canvas, Mr Bryant's 2013 piece is purely conceptual in nature.

"Upright Bushes"

Rene Magritte
Belgian Surrealist
"This is not a pipe" 1929

Charlie unveiled his would be demuirgic conceptual art during his normal day-to-day work of city planning in Emeryville, in this case at the July 25th Planning Commission meeting. As the Emery School District was presenting their application for the contentious Center of 'Community' Life project, one permit dealt with the cutting down of all the existing trees on 47th  Street.  Since Emeryville has an Urban Forestry Ordinance and permission must be sought to cut down trees, Mr Bryant stepped in to reassure any tree loving Commissioners that the decision before them wasn't as dire as it seemed, "They're not really even trees [on 47th Street],  they're more like upright bushes" he told them.

As Michel Foucault, the late French post-structuralist philosopher and social theorist reminds us in his dissertations regarding Magritte; this work is a rhetorical gestalt, a 'sign symbol' that forces the viewer to confront seemingly nihilistic linguistic and semiotic ambiguities.  The appropriated phenomenological asymptotic epistemologies inherent in Mr Bryant's work can be seen as less than seminal in this regard.
His 'tree period' really amounts to nothing more than a cheap rehash of 85 year old ideas.

Perhaps Emeryville residents should see this as it really is: less art (or even city planning) and more deceitful cheapening of the public commons.

This is really not a tree