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Showing posts with label Mark Seiberlich. Show all posts
Showing posts with label Mark Seiberlich. Show all posts

Thursday, August 15, 2013

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 

   

Sunday, July 28, 2013

Planning Commission Throws Back Center of 'Community' Life

Planning Commission: Major Problems 

With School District Plan


Planning Commission shocks School District with numerous criticisms of Center of 'Community' Life.

At Thursday evening's nearly four-and-one-half-hour-long Planning Commission meeting, the Planning Commission did not approve the joint City-School District's Emeryville Center of 'Community' Life (ECCL) application.  Each of the five non-recused Planning Commissioners in attendance expressed various concerns, some reaching existential proportions, about the current design of the ECCL project forcing the applicants to return next month with an improved design.
After the School District's architect Mark Seiberlich told the Commissioners the bike/pedestrian path associated with the project along the western border "never rose to a level of priority", the Commissioners were near unanimous in their disapproval of the District's lack of deference for Emeryville's General Plan.  Specifically and especially, the project's abandonment of both the proposed bike/pedestrian path and the proposed 53rd Street Greenway along the northern border were pilloried by the majority of Commissioners. The inadequate 'community commons' part of the project was also singled out for scorn.

City Staff, confident that Thursday night would be a rubber-stamp approval,  had only prepared a resolution approving the project and so at one point in the meeting when a majority of the Commissioners seemed willing to simply deny the application, they were unable to do so as no resolution rejecting the application had even been prepared.


There were two major actions before the Planning Commission regarding the ECCL Thursday evening. First, as the City Staff Report explained, as a Responsible Agency under the California Environmental Quality Act (CEQA), the Planning Commission was to reach its own conclusions regarding the project's compliance with CEQA based on their own independent judgment and analysis.
 Commissioner John Scheuerman
The lack of space at the
ECCL project is "troubling"

Second, the Commission was to consider granting various permits needed for the project to move forward, such as a tree removal permit, a permit allowing the building heights to exceed 30 feet, a permit allowing fewer on-site parking spaces than the minimum normally required, and a general use permit and design review. Commissioner Kairee Tann mentioned at the outset that the residence she owns is within 500 feet of the project site and so she was recusing herself.

At a previous study session held by the Planning Commission, several Commissioners had expressed concerns that the San Pablo Avenue site was too small to accommodate the proposed wide range of uses by so many students and community members. Planning Director, Charlie Bryant, started the evening off by trying to rein in these sorts of comments by admonishing the Commissioners regarding precisely what was before them, stating that any concern that there "is too much stuff crammed onto the site" is not within the Commission's purview, but then he had to admit that to the extent that any such concerns did affect any of the discretionary permits that were before the Commission, that then such issues were fair game.  The warnings from Mr Bryant didn't stop Commissioner Gail Donaldson from piping up, "This project has undersized facilities...minimal community spaces. Everything is squished together."  Collegue John Scheuerman joined in, "It's troubling" that there's not enough space to follow the General Plan he said.
ECCL Architect Mark Seiberlich:
"The bike/pedestrian path was never ignored
[during the design phase] but
it never rose to a level of priority".

Commission Unimpressed With District's Environmental Analysis
When it came time to discuss whether the District's environmental study for the contentious project, called the Initial Study Mitigated Negative Declaration (IS /MND) adequately identified environmental impacts and whether its analysis was adequate, Commissioner Gail Donaldson expressed concerns that 53rd Street had numerous traffic safety issues, calling it "a nightmare of conflicts between bicycles, pedestrians, turning cars, and people that are impatient, angry, and backed-up and stacked beyond what the capacity of that intersection is."  Commissioner John Schuermann responded that, "I definitely share that concern... I'm really uncomfortable that it hasn't been addressed and I do see a lot of conflicts." Chair Vanessa Kuemmerle then added, "I also see conflicts.  Especially with the queuing and also left turn lanes... I don't feel like the traffic was adequately addressed in the initial study.  And there are definite bike-pedesrian-vehicle conflicts."

Then one of the District's consultants, paid to produce the Initial Study, rose to respond that, "With regards to the turnaround, just keep in mind, in the mornings with drop-off, folks when they drop their kids off aren't lingering, there'd would be a lot of movement at that point. You let your kid out.  They shut the door.  You move on... This layout would work in addressing drop-off."

This provoked such guffaws from the parents in attendance that Chair Kuemmerle had to ask the
audience to quiet down and only whisper to themselves.  As parents know, drop-off at the existing Anna Yates Elementary School on 41st Street, especially for the youngest children, is rarely as quick and simple as consultants might like to imagine.  Kindergarten parents almost universally go with their children onto the campus, especially during the first months of school, and may stay with their child on campus until the bell rings at 8:27.  Currently the end of Salem Street closest to Anna Yates' 43rd Street entrance fills up with the cars of parents who are walking onto campus with their children.  The 41st Street entrance also sees its parking spots in wide use during drop-off and pick-up.  Yet somehow consultants who seem to know nothing about what the parents in our District actually do assure us that parents dropping off at the ECCL will barely slow down to a complete stop as they shove their children out the doors and speed away.

City Staff Fight Hard for The Project
Chair Kuemmerle also raised the issue of the failure of the proposal to be consistent with the General Plan's call for a bike/ped path along the western edge of the property, since part of the CEQA checklist asks whether  the project would conflict with any applicable land use plan, including the general plan, adopted for the purpose of avoiding or mitigating an environmental effect.

Planning Director, Charlie Bryant, spoke up on behalf of the applicants again, arguing for the view that being inconsistent with the General Plan in this respect does not create an environmental impact, simply because if there is no path there now, then not having one in the future could not negatively impact the environment.  Somehow Mr. Bryant could not fathom that one good reason for including the path in the General Plan, at the site of a Community Center that, if successful, would dramatically increase the number of community members traveling to and from the site, was because failure to do so would have the detrimental environmental impacts created by all those additional car trips to the site, and the greenhouse gases and other harms they would cause.

It was clear that a majority of the Commission wanted to reject the IS/MND as inadequate, so Planning Director, Charlie Bryant, then rallied to the project's rescue, and read from the state CEQA guidelines to say that the Planning Commission's only options were to 1) Take the School District to court 2) be deemed to have waived any objections 3) prepare a subsequent Environmental Impact Report (EIR) if permissible, under another section or 4) Assume the Lead Agency role. Bryant then said he did not know whether the last two options were applicable and said that the Commision's choices were basically either to approve the IS/MND or sue the School District.  The Tattler was unable to determine whether Mr. Bryant was wearing an "S" on his chest and had donned a cape for this performance.

Commission Chair Vanessa Kuemmerle
The 'community commons' area is dark &

foreboding. "It could be called the 
'community canyon'."  Also, "It looks 
like a hamster cage"
Assistant City Attorney, Michael Guina, then jumped in to state that essentially the Commission had to either approve the IS/MND or sue the School District, adding a halo of gravitas to the claim.  It was particularly bewildering for onlookers to watch as the attorney for the City, which was the applicant with the School District for this project, gave legal advice to the Planning Commission who had just made it clear that a majority of them were inclined to adopt an adverse position to the applicants. This conflict of interest never seemed to trouble City Staff and the pressure they applied had its desired result.  Faced with the unappetizing option of having to figure out how a group of volunteer citizens serving on the Planning Commission could sue the School District, the Commission backed down and voted 4-1 to approve the IS/MND.  As the Commissioners voted, one could almost feel the weight of the City's thumb pressing down on them.

Community members had previously provided critical comments on this IS/MND, also found it inadequate.  While it was likely nice for these commenters to learn that a majority of the Planning Commission shared many of their concerns, it was equally distressing to see the will of the Commission thwarted by City Staff.

Commissioners Hold Their Noses During ECCL Design Review
In what followed, the Commissioners explained the remainder of their concerns about the ECCL project, centered around its lack of the Bike/Ped Path on the western edge of the property, the traffic problems on 53rd Street which they felt should have more of the features of the Greenway described in the General Plan, and the "Community Commons" which was intended to serve as the K-5 play area as well as an after-school community space, but which Commissioners felt was, as currently designed, achieving neither function well.

Thwarted by City Staff once more, since Staff had not prepared a resolution denying the permits, and since Staff seemed incapable of drafting a resolution reading "Application denied." on the spot, the Commissioners instead took a two-fold approach.  First, they worked on a list of conditions of approval they would want added to the project, if it were to be approved, and second they decided to continue the discussion at next month's meeting, giving the applicants time to improve the design in the areas mentioned.

The Tattler expects to provide follow-up stories with more details on this remarkable chapter in the apparently unstoppable march of the ECCL project.  Watch where you step.

Sunday, June 30, 2013

School District: Won't Build Bike/Pedestrian Path, "Too Late"

Pool Deck & Rapists Are Out, 
Now it's the Running Track
and the Cost

Bike/Ped Path Can't Be Built Because......

Opinion
First the Emery Unified School District told us that they can't construct a required bike/pedestrian path adjacent to the school at the incipient Center of Community Life because the path would constrict an existing pool deck to such an extent as to render the pool useless and besides the path would be crawling with pedophiles and drug dealers waiting to prey on the children they told us.  Now they're telling us there's no room for the path because it would constrict a proposed running track at the school.  Oh and they forgot to mention earlier, they say they can't afford to build the path anyway.

Emeryville City Councilwoman
Jennifer West:

Now we know the pool 

deck argument was a 
School District ruse
The flip flop by the School District was revealed Tuesday when Emeryville's Bicycle Pedestrian Committee held a special field trip meeting at the site of the required path.
The School District had repeatedly told the people of Emeryville the pool deck was too small to shave away even a little to make room for the bike path (called the ECCL Path) but as the committee members Tuesday saw for themselves how truly large the existing pool deck really is, suddenly the School District Staff members and School Board members attending the meeting switched tactics and told the Committee members now it's the running track that 's going to be too cramped to accommodate the bike/ped path.
Council member Jennifer West, noting the reversal took the opportunity to look on the bright side, "The good news is at least now we don't have to worry about the pool deck any longer" she told the attendees.

The pool deck issue settled, the assembled School District staff and School Board members are now turned their focus on the yet to be built running track at the future school; there's simply no room for the bike/ped path they took pains to reveal at the Tuesday meeting.  The ECCL Path will take away two lanes rendering the track useless they said but left unmentioned was the fact that the School District selected the San Pablo Avenue site for the Center of Community Life years ago and they designed the whole site including the track with afore knowledge that the ECCL Path would have to be located there.  After the site was selected, it should be noted, the District went into attack mode against any naysayers who claimed the site was too small.
At this late date, with the design set in stone, the ECCL Path cannot be built, it's too late and the site cannot be redesigned said Mark Seiberlich, chief architect for the Center of Community Life,  "The [bike/ped] path takes up too much space and we must remove two track lanes" he added.

School District architect
Mark Seiberlich:

It's too late to redesign...
"The bike/ped path takes up
too much space"
 
After disparaging comments from the School Superintendent Debbra Lindo, excoriating the Bike/Ped Committee for their recalcitrance on this path,  one Committee member, exasperated by such talk told the assembled throng because of a lack of planning on the part of the District, "we're now being made to feel guilty for throwing the children under the bicycles wheels".  The idea was floated that the running track would be built whole now but two lanes of it would be removed later with the possible inclusion of the bike/ped path when the District builds out phase 2 of the project, but the idea was summarily rejected by Committee members as not credible.

Amid a plethora of challenging questions from disbelieving Bike/Ped Committee members, School Board member Josh Simon moved the conversation away from the intractable running track issue.  After suggesting there might be a yet to be revealed way to fit a bike/ped path in,  he lamented the high cost of the ECCL Path.  Mr Simon told the meeting attendees that the School District was not going to build the ECCL path during 'phase 1' construction of the Center of Community Life but perhaps a path could be build during phase 2, someday in the future.
But it's the high cost of building the required path that's got the School Board vexed he told the Committee members, "The reason we pushed the ECCL Path into phase 2 is the cost" Board member Simon said.  Emeryville residents will remember this School Board said the amount of money the District can raise through selling bonds is enough to build the whole Center of Community Life, an "exceptional" community facility they assured us.

This required bike/ped path really has the Emery School District grasping at straws.  After pleading with the Planning Commission and the City Council to reject the path by telling lies about the size of the pool deck and raising the specter of looming rapists and drug dealers, now they're pivoting and delivering this running track poppycock.  Their performance drew the ire of former School Board President Cheryl Webb who attended the meeting, "disingenuous" she said of the staff and Board members.
Former  School Board
President (resigned)
Cheryl Webb:

The District is
"disingenuous"

After showing us they have no compunction about lying to the people of Emeryville, this School District is now preparing to build a school and community center at a cost of hundreds of millions of dollars.  It's not inspiring a lot of confidence. Emeryville taxpayers would be right to be concerned.
But the School District doesn't have a choice about this path; they are required to build it.  It's the expressed will of the people of Emeryville as revealed by our award winning General Plan and as specifically codified by the City Council's ruling after hearing the School District's lamentable case against the path.
It should also be noted the General Plan says the Center of Community Life is a "pedestrian priority zone".  And so now is the time to build it, when the Center of Community Life is being built, now, not perhaps if Josh Simon can figure a way to do it at some unspecified later date.

We grow tired of all the chicanery and outright lies from this District about this issue.  It's been a litany; the bogus claim of the too small pool deck from District architect Roy Miller, the rapists and drug dealers, the cost and now this absurd claim the running track will be negatively impacted.  This School District, we now know, purposely designed this Center of Community Life behind closed doors over the years without the required bike/ped path.  Any talk now about it being too late is insulting to the people of Emeryville.  We remind the School District that they need to build this school and community center for ALL the stakeholders in the community, including the bicyclists and the pedestrians.  Once again, absurdly, this District and this School Board shows us they don't know the meaning of community as they build the Center of Community Life.