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Showing posts with label Turner Construction. Show all posts
Showing posts with label Turner Construction. Show all posts

Tuesday, May 9, 2017

School Board President Insists NO Audit of ECCL Project

Rift Between City & School District
Audit Latest Imbroglio

The City Council has suggested the School District Board of Trustees audit Turner Construction, the builder of the Emeryville Center of 'Community' Life in order to claw back some money the district might have overpaid for the building project but the Board President is demurring, indicating he is more inclined to try to get money out of its ECCL partner, the City of Emeryville instead.  It's part of a growing rift between the District and City Hall born out of differences in how to divide up cost overruns in the contentious schools/community center project.

The City/Schools Committee, consisting of the membership of the City Council and the School Board, met May 4th and the frosty relations were evident when Vice Mayor John Bauters suggested going to construction giant Turner, who has recently been indicted for bilking clients, to see if there may be recoverable costs to help offset the cost overruns of ECCL*.  The idea was embraced by the entire Council but Board President Merriam oddly said it would not be appropriate, a position he has held for quite some time even as he has refused to properly elaborate.
Mr Merriam joined with former Board President John Affeldt last summer in quashing an attempt to audit Turner, citing the existence of the Citizens Oversight Committee (COC) makes it unnecessary.
Emery School Board President
Donn Merriam

'Even though Turner Construction
has been caught overcharging 

clients, we must not audit them'.

Just two years ago the County of Santa Clara held Turner to task for cost overruns and delays.  Turner blamed the city for the issues.

Mr Merriam's odd assertion of no Turner audit brings into question who's interests he has at heart.  The ECCL budget went significantly over budget and is still not complete.  Board member Brynnda Collins, when expressing her support for a Turner audit, questioned the quality of the work stating, "Big chunks of metal (are) falling and almost hitting a teacher."  There have been multiple suggestions of design flaws like lack of storage, concrete poured too thin and poor drainage.

It is clear to many there are enough reasons for an audit.  City Council member Bauters stated it could find enough savings to cover the remaining $370,000 the district owes Turner.
Los Angeles Unified School District routinely audits projects.  It should be noted LAUSD is so large that they have a group that audits every project. Turner recently was found to have overcharged them $190,000 on a $98 million project, almost exactly the same size project as ECCL.

Conflict of Interest?
Clearly audits are done and effective tools to protect taxpayer funds.  Which leads back to the question, does Board President Merriam have a Turner connection in his work as an employee of the architecture firm of Deems Lewis Mckinley (DLM)?  A Tattler search of their projects and Turner's revealed no direct overlap.  However it did turn up a project that involved Swinerton Management and DLM.  Swinerton worked on the ECCL project and frequently partners with Turner.

South San Francisco Unified passed a large bond project and used Swinerton to manage the project.  DLM bid on and was chosen to do the work. It is not clear if the Emery Board President personally worked on the project but the appearance of impropriety is evident.  Of course, an elected official should not be in the position to have to chose between what is best for their constituents and their pocketbooks.

The School Board is scheduled to discuss auditing the ECCL project at their May 10th meeting and Mr Merriam should leave the room while this is being discussed.  If he stays in the room, he should disclose the firm's relationship with Swinerton and have the legal counsel provide guidance.  It should be noted President Merriam has been caught violating simple rules of transparency because he claimed he was unaware of the conflict.

*NOTE: Although Turner Construction is a 'primary partner' with Turner GROUP Construction, it was Turner GROUP Construction that was indicted for bilking it's clients.  Turner Construction, the builder of the ECCL wasn't indicted but they were found to be overcharging their clients as the story states.  The Tattler apologizes for the mix up.

Friday, December 16, 2016

The Rise of the Fake Community Benefits Agreement

Councilman Bauters, Schools Supe Rubio
Push Fake CBAs

Illegitimate Projects Legitimized

Community Engagement Hijacked
by Fake Grassroots Agreements

“A Community Benefits Agreement ("CBA") in the United States is a contract signed by community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. In exchange, the community groups agree to publicly support the project, or at least not oppose it. Often, negotiating a CBA relies heavily upon the formation of a multi-issue, broad based community coalition including community, environmental, faith-based and labor organizations” -Wikipedia

News Analysis
A Community Benefits Agreement is a powerful tool a developer can use to legitimize his project to facilitate a quick approval by a municipality.  CBA’s are also popular with elected officials as any future bad effects brought on by a development can serve to decouple the effects from the politician’s responsibility.  Given the out-sized power of CBA’s, it’s easy to see how they would be tempting to developers and even politicians to abuse for their own benefit rather than the greater community; the very definition of ironic.  This being Emeryville, it should not be surprising that’s exactly what’s happened.    

Here in Emeryville two recent development projects have been sold to the public by developers and politicians using obfuscating tactics of the fake CBA: the Sherwin Williams project and the Emeryville Center of ‘Community’ Life.  In the case of the Sherwin Williams “CBA”, a private and exclusive group of people brokered a deal with the developer Lennar Urban behind closed doors, the greater community shut out of the process and at the Center of ‘Community’ Life, the “CBA” was struck between the Emery Unified School District and the developer Turner Construction, without any community members whatsoever.  Both these projects subverted the purpose of actual Community Benefits Agreements.  

ECCL Fake CBA
Superintendent of Emery Unified
School District
John Rubio

Beneficiary of the ECCL fake CBA.
The Center of ‘Community’ Life “CBA” was created by former Board of Trustees President John Affeldt and the Superintendent of the Schools John Rubio as a way to mollify critics of the decidedly undemocratic tactics the School District made use of to push through that project.  Tattler readers will recall how scores of parents and community members denounced the School Board’s heavy handed shutting out of the public as the Board went about their unilateral decision to close Anna Yates Elementary School as part of the Kindergarten through 12th grade vision of the Center of ‘Community’ Life.  This was done despite assurances to the community they would be permitted to weigh in on the wisdom of closing the elementary school as guaranteed by the Measure J 2010 plebiscite that started the ECCL.  
Beneficiary of the ECCL Fake CBA
Sensing exposure to claims of fraud by the community, Mr Rubio and Mr Affeldt sought relief in the form of the warm community blanket of a CBA.  However since a real CBA would also expose the School District to the desires of the actual community and a possible ratcheting back of the K-12 model, Mr Affeldt and Mr Rubio instead delivered a fake CBA, leaving questions about its illegitimacy unanswered.  The CBA was written entirely by the School District with no actual community support, a clear subversion of the purpose of a CBA.


PARC Fake CBA
City Councilman John Bauters
Beneficiary of the PARC fake CBA.
The Sherwin Williams proposal was in trouble as developers sought to move the housing project past the new ‘progressive’ City Council majority.  Both the developer and the City Council needed help legitimizing an agreement that would cheapen the public commons as Sherwin Williams demonstrably does.  Further City Council candidate John Bauters was seeking a way to bolster his community visibility as he sought election to the Council in the months before the November 8th election.  Mr Bauters very visibly helped form the Park Avenue Resident Committee (PARC) to negotiate directly with the developer regarding specific amenities for the project, promoting it in his election campaign literature.  The agreement, sold to the public as a CBA by the developer, the City Council/City Hall, and PARC and especially Mr Bauters was not a CBA.   
Beneficiary of the PARC fake CBA.
The PARC, which was comprised of a handful of residents, operated behind closed doors in private and was specifically closed to any individuals not selected by PARC and even more egregiously, Emeryville’s premier community activist group Residents United for a Livable Emeryville (RULE) was specifically not allowed in.  Well known for promoting all resident's interests, the entire community, RULE asked to be able to join as a coalition partner but they were rebuffed by PARC.  
The discrediting exclusivity of the fake Sherwin Williams CBA did not stop the City Council from loudly proclaiming PARC as a legitimate broker of what they characterized as a real Community Benefits Agreement, especially the former Mayor Dianne Martinez, ironically herself a RULE backed Council member.  
However, explicit in the definition of a CBA is the existential democratic nature of it.  The PARC Agreement is not a CBA regardless of what is being proclaimed by interested parties.

The agreements being made in the community’s name now in Emeryville are not Community Benefit Agreements by definition.  Rather they are simple development side agreements.  There is nothing wrong with these kinds of side agreements being made; in fact both of the agreements highlighted here have demonstrably improved the resultant projects, more so the Sherwin Williams project.  Having said that, these agreements being characterized as CBA’s amounts to more than just hyperbole or bombast.  The problem with issuing fake CBA’s as the power elite in Emeryville is doing is that it comes at a cost; actual CBA’s are proportionally cheapened and real community involvement is hijacked to serve an antithetical goal, raising up of the elite and pushing down of the community.

Monday, August 29, 2016

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.

Sunday, June 26, 2016

Staff Now Says 'Back-Up Beepers Can't Be Disabled'- Who Could Have Known?

Back-Up Beepers at ECCL Morph From 
'Deal Breaker' to 'No Big Deal'

As it turns out, back-up beepers on heavy construction equipment can't be silenced to satisfy noise ordinance restrictions we found out at the June 21st City Council meeting.  Who could have known that?  Emeryville's city staff?  Could they have known?  Perhaps Turner Construction, were they in any position to know?  How about John Baker, our ECCL construction consultant representative, is this something we could expect him to know?   The answer is apparently no one could have known, regardless of all the public money being doled out to know this kind of thing.

The thing is Cal/OSHA doesn't permit back-up beepers to be disabled on construction equipment.  But nobody paid to know that in Emeryville knew that.  Perhaps they're not paid enough.

The Emeryville City Council is concerned about all the construction delays at the Center of 'Community' Life.  They're so concerned that they granted Turner Construction a waiver of our Noise Ordinance so they can work on Saturdays starting in April.  Construction however is loud and neighbors have a reasonable expectation of quiet weekends...at least that's what City Hall said when the City Council passed our Noise Ordinance.
But not to worry, the new progressive City Council majority doesn't grant waivers willy nilly to developers like the previous Council did.  So this time they assured neighbors their reasonable expectations of quiet weekends will be taken seriously and so the Council required Turner to disable the loud back-up beepers on the heavy equipment being used.  All parties, the staff, Turner Construction and John Baker our construction consultant agreed this was the reasonable thing to do and so a contract disabling the back-up beepers was signed.



Oops!  Strike that!  The loud back-up beepers, a deal breaker at the April 5th Council meeting when the waiver was granted have now become no big deal they say.  By last Tuesday's meeting, concern over beepers had all changed.  Now Turner can beep away says our City Council and they still get their waiver.  What happened?  The City Council made no attempt to quantify the noise from back-up beepers, formerly determined by them to be excessive, citing instead the need to finish the ECCL project.

City Hall now holds that residents won't be told what constitutes a reasonable expectation of quiet weekends, however with regard to its imbroglio over back-up beepers at the Center of 'Community' Life, Councilwoman Jac Asher spoke for her colleagues, shifting blame to John Baker, our Turner Construction go-between working under contract ($1.2 million) with the City.

Ms Asher put it bluntly to Mr Baker, "Our staff takes the blame for being unaware of the OSHA regulations.  What I don't understand is why were you not aware of the OSHA regulations?  Isn't construction and management of construction projects what you do and what you're being paid for?"

John Baker's haltingly staccato response, unclear in its presentation, makes clear what's going on between the City of Emeryville, Turner Construction and Mr Baker himself as the ECCL construction struggles across the scheduled August finish line.  By way of an answer to Ms Asher's charge, he told the Council, "What, what occurred is when we, we started doing the Saturday work, there was some equipment that when, when, when, uh, Turner went to disable the back-up beepers, uh...we were not aware."
John Baker, Emeryville's Construction Consultant for ECCL
On the Job

"What, what... uh when, when, when, uh... we
were not aware" = $1.2 million

Saturday, April 30, 2016

Community Swimming Pool: Turner Construction Misses Deadline for Opening Day

Community Pool Fails Health Inspection
Opening Delayed Again


Emeryville's community swimming pool, plagued by missed deadlines and cost overruns will not open today as had been planned owing to a "failed health code inspection" and other delays by builder Turner Construction according to the City Manager.  Today's planned grand opening gala of the community pool has quietly now come and gone with nary a wet toe and without a peep to the community from the City or the School District as to an explanation other than individual emails sent to parents and community members that had signed up for lessons and general use.  The City now says it is hoped the pool will be ready by early June but they're not committing.

City Manager Carolyn Lehr told the Tattler the City will honor agreements as codified by policy at City Hall as far as refunding any fees paid by community members that cannot be used.  Additionally she volunteered that any new costs associated with the most recent delays will be born by "responsible parties" as a way of differentiating previous cost overruns that have been absorbed by Emeryville taxpayers up until now.
Emeryville's Community Pool
Taken before the remodel began
several years ago.

The community pool remodel has proven to be a first rate boondoggle for the City and the School District with costs more than 100% over budget and a timeline now more than a year behind schedule.  The pool, part of the community use part of the Emeryville Center of 'Community' Life (ECCL) was separated out of a Guaranteed Maximum Price (GMP) agreement for ECCL between the School District, the City and Turner Construction, set up to prevent this sort of overrun.  The fact that the pool was not included in the GMP agreement has left taxpayers exposed to Turner cupidity as the builder seeks a way to recoup losses incurred on the rest of the project, critics have charged.  As protective of the public coffers as the GMP has been (insofar as it has), the agreement does not preclude Turner from clawing back their expenses by lowering quality on the rest of the ECCL project, a tactic they call 'Value Engineering', a tactic they have made liberal use of it should be noted.

Besides being more than a year late, Emeryville's community pool remodel has now cost more than $2 million; double what a pool the same size would cost built new, according to swimming pool contractors the Tattler contacted.  The Emery Unified School District has been the public agency responsible for overseeing the community pool with the City fulfilling its role as benefactor for the ill fated project.

Saturday, April 23, 2016

Emery School District Announces 'The Drought is Over'!

The Drought is Over!

City Council Agrees:
Residents May Return to Their Former Profligate Ways
It's Been "Unusually Wet Weather"

Opinion
Howdy Mr Raindrop!
We love ya but there's been
just too many of you for
Turner Construction to cope.  Please go
away and come again some other day.
The winter of 2015/2016 will go down as a season of "unusually wet weather" according to Emeryville City Hall (even though the National Weather Service and the California Water Resources Control Board says the opposite). Apparently it's been very rainy in Emeryville.  What else can Emeryville residents make of the request April 5th at the City Council chambers from the School District that City Hall grant a Noise Ordinance waiver based on that watery claim for Turner Construction, the builder of the  Emeryville Center of 'Community' Life (ECCL) to help finish the project?
So there's no confusion and for purposes of disclosure, here at the Tattler, we take the phrase "unusually wet weather" to mean 'more rain than average'.

Emery Schools Superintendent John Rubio made it clear; all the rain this season caught the School District by surprise and now the construction work on the ECCL is behind schedule.  Had it not been so rainy, the schedule would be fine.  The District and their contractor Turner Construction, never planned for the amount of rain we've been getting they say.  How could they?  It's been ever so rainy around here.
And how much rain is that?  Well if one wants to believe the neophytes at the National Weather Service, they'd have to conclude the amount for Emeryville is somewhere between Oakland and Berkeley which has had 94% and 68% of normal rainfall for the season respectively (Emeryville is not tracked specifically).  But what do weather "experts" know?  Turner Construction and the Emery Unified School District knows much more about the weather than the National Weather Service obviously.
Emery Schools Superintendent
John Rubio

Emeryville has had
"unusually wet weather".
Don't believe the Weather Service.
Trust me.

The Noise Ordinance is Unreasonable, It Doesn't Work if There's a Lot of Rain
The School District is way behind schedule delivering the ECCL...a year behind specifically, and they've offered many excuses over the last year for why they can't seem to bring this project in on time.  So now it's the rain.  They didn't plan on rain.  And that's why Emeryville residents must put up with loud Saturday work days from now until August.
The Emeryville City Council agreed.  They felt Turner's pain.  The claim of "unusually wet weather" went unexplained.  The Council apparently was supposed to simply take that at face value.  And so that's what they did.
Last fall Turner asked for a Noise Ordinance waiver without even giving a reason.  Just to increase their profit margins we imagine and again the Council felt Turner's pain.  Now at least they're giving a reason to grant the waiver, it's 'because you can't trust the National Weather Service and all their fancy rain gauges'.  Who are you going to believe after all, Turner Construction and the Emery Unified School District or wacky scientists (and your own lying eyes)?

The drought is over!  So go ahead Emeryville residents! Go ahead and rip out those drought tolerant plantings you put in back when the California Water Resources Control Board was to be believed and go back to Kentucky bluegrass (backyard BBQs will have to wait until the rainy season is finally over).  If you've got a running toilet, it can be ignored.  Luxuriate in 60 gallon showers!  And flush with abandon because apparently Emeryville's had it's own little dark rain cloud hovering over our town all year inundating us.

Below comes from the National Weather Service (if you can believe them):
  • City
  • Last 24 Hours
  • July 1st to   Date
  • Percent of Norm
  • July 1st to date last year
  • Percent of Norm
  • July 1st to date norm
  • Total Season Norm
  • Berkeley
  • 0.08
  • 17.76
  • 68
  • 13.67
  • 52
  • 26.24
  • 27.62
    • Downtown Oakland
    • 0.00
    • 21.82
    • 94
    • 17.17
    • 74
    • 23.26
    • 24.29
    • Source: Weather Underground

Saturday, November 7, 2015

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 

Thursday, November 5, 2015

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.

Friday, October 9, 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.

Sunday, June 7, 2015

Community Swimming Pool 2x Over Budget, Behind Schedule

School District Bungles Emeryville's Community Pool

Four Months Late
$700,000 Initial Price Balloons to Almost $2 Million

Emeryville's community swimming pool, a joint use facility located at the Center of 'Community' Life (ECCL) construction site and used by the Emery School District and the entire Emeryville community, is now projected to cost more than double original claims and will be finished well past its original time line schedule according to a representative for the City and School District.  John Baker of Swinerton Construction, the District's and the City's  paid representative overseer of Turner Construction, the ECCL general contractor, told Emeryville's elected officials at a City/Schools joint meeting Thursday night the pool will likely cost nearly $2 million, some $1.3 million more than budgeted, and will not be completed until November, more than four months late.

Mr Baker said the cost overruns can be attributed to Turner Construction not anticipating the need for a more 'robust' filtration system and other obsolete equipment in the existing pool mechanical room.

Remodeling and upgrading the community pool has been part of the ECCL construction project since its inception several years ago, but a shocked City Council and School Board learned Thursday this critical part of the project is not in the construction bid and was instead simply given a cost estimate and folded into the budget.  The ECCL construction bid is subject to hard fast numbers called a Guaranteed Maximum Price (GMP) but the community pool was not included in that metric Mr Baker said.
The project has a set aside contingency fund to handle cost overruns and change orders but the overage at the community pool will virtually wipe out the fund, it was announced.  Presumably, further cost overruns will be covered by the taxpayers as extra costs for the project.

Upon hearing the part of the Center of 'Community' Life that's not protected by a bid guarantee will be more than double what was advertised, several elected officials at the meeting expressed dismay and incredulity, "how convenient" Councilwoman Jac Asher said.   School Board member Christian Patz vowed to get money back, regardless of the bad news, "I Googled 'olympic sized pool cost' and found it should cost around a million dollars, for a new pool" he told the Swinerton representative.

No Community in a Community Pool?
Perhaps the most shocking revelation of the evening was the explanation offered as to why the cost has more than doubled for the pool; Turner Construction, the general contractor and builder of the ECCL from the beginning, did not anticipate the community would use the community pool at the Center of Community Life.  Mr Baker indicated Turner thought the pool was for the School District's exclusive use, not the community's and that's the reason for a much more robust filtration system than had been planned when the costs were first calculated.
Further, apparently nobody at Turner ever bothered to check the existing pool room to confirm the state of the equipment there before the pool cost estimate was prepared.  That outmoded equipment will have to be upgraded for the hard use of a community pool Mr Baker said.  These two reasons were offered to the City Council and School Board as the primary reasons for the more than 100% cost overrun for the pool remodel, double the cost of a new similarly sized pool if Board member Patz is correct.

Wednesday, August 6, 2014

Council Votes 4-1 to Give Turner Construction $21 Million: ECCL Is a Go

Giant Sucking Sound of Public Money Draining Into Turner's Coffers

Tonight the Emeryville City Council voted to give Turner Construction Corporation some $21 million, more than half City Hall's entire General Fund to build a new community center as part of the Emeryville Center of 'Community' Life (ECCL); the end of a nearly ten year process of political partnership between City Hall and the Emery Unified School District.
The money will buy a public project that Mayor Jac Asher, the sole dissenter, says will cram too much on too small of a site that will sell Emeryville's children (and adults) short.

Councilwoman Jennifer West expressed regret that the School District fought so tenaciously to successfully exclude a bike/pedestrian path associated with the project, a path required by the City's General Plan, before she relented and voted to hand over the $21 million.  Ms West in June, expressed difficulty coming to terms with voting to give over the money without getting the path, something two of her colleagues characterized as a threat; blackmail, they called it.

Ms West also took the time tonight to announce that the project is now officially behind schedule; the high school portion of the construction, the first part to be completed will now not be finished until November of next year, a date previously set for July, ready for the new school year.  Ms West noted the School District had not made the construction delays sufficiently public.  Nobody from the Council or the School District attendees explained the reason for the revised date tonight.

Ms Asher, the only Council member with children in the School District, explained the contract the City now agrees to, gives the District the money to build the community part of ECCL but the control of the finished spaces will be delegated to the District.  She noted the City will have to rent its own community spaces at ECCL and it will not be available to the public during school hours, "Twenty million for the privilege of renting space part time is not good enough" she said before she voted NO to the deal.

Neither the School District nor the City accounted tonight for a long standing promise of savings in operational and maintenance spending made to Emeryville residents throughout the ten year process of approving the ECCL.  The project was advertised to save these monies due to the consolidation of facilities but a likely large increase was announced in July 2013.  At the time the District promised to tweak the numbers to somehow show the promised savings at the request of the Council members but tonight Ms West balked at that, noting that the City and the District had decided in the intervening time to increase the scope of the project thereby making an apples to apples comparison impossible.

Tonight's vote makes the entire Center of 'Comunity' Life project a done deal (minus the bike/pedestrian path).

Turner Construction Corporation it should be noted was the single largest contributor to Measure J, the 2010 plebiscite that OK'ed the building of ECCL.

Friday, May 2, 2014

Emery School District Pays $1.1 Million Dollars for $481,000 of Services

Strange Math at Emery Unified 
School District:
1,100,000 Equals 481,000

Opinion
Look out taxpayers.  The Emery Unified School District is not past being sneaky as they play fast and loose with the purse strings in their quest to service consultants and other vendors associated with the Center of 'Community' Life.
What else could you call it when they elect to task an outside contractor with completing a job, at more than twice the price that would have been paid to two former employees that by all rights should be doing the work?   One thing you could call it is a boon.  A boon to the contractor Swinerton Builders, selected by the School Board, who's going to get $1.1 million for a $481,000 job.

The story surfaced last week when the School District asked the City Council to sign on with them,  the hiring of Swinerton Builders to oversee the work of Turner Construction, the builders of the Emeryville Center of 'Community' Life (ECCL) on San Pablo Avenue.  After the District last January lost its architect and ECCL Project Manager, Roy Miller, the School Board realized they needed to hire someone with construction knowledge to watch Turner Construction to represent the public's interests.  That someone turned out to be Swinerton Builders, a San Francisco based construction firm.  The problem is Swinerton is going to be paid $1.1 million for a two year contract and Roy Miller, combined with his assistant would have cost the School District $481,652 to do the very same work.  Suddenly, the District is paying an extra $618,348 that's gone unexplained.

We were perplexed last fall when the District told everyone the sudden "retiring" of Roy Miller was not going to be a problem.  How could the District justify the loss of the main guy paid to shepherd the ECCL and look out after the public's interests, just as the construction of the thing was ready to begin we wondered.  School Board member John Affeldt went one further, calling the time of Mr Miller's leaving "opportune", raising the absurd notion that the best time for a project manager to quit is just as the project gets started.
Nevertheless, the School District told us a replacement would be hired, someone to oversee the construction.  They just failed to mention it would cost us more than twice the price.

To those wondering whether Swinerton perhaps will do a more complete job overseeing Turner than Mr Miller would have done and the extra costs are therefore justified, City Manager Sabrina Landreth made the District's position clear that for proper oversight, they only require the effort as would be performed by Roy Miller and the former ECCL Project Assistant Wendy Chew.  Ms Landreth put any such notions to rest, "The contract is $1.1 million and is funded from a combination of salary savings from both the District architect and the project assistant that was already budgeted in the project budget" she told the City Council, speaking on behalf of the District.

Here's the breakdown:
Roy Miller salary: $137,000
Total cost to District: $185,266

Wendy Chew salary: $37,000
Total cost to District: $55,560

Roy total cost x two years = $370,532
Wendy total cost x two years = $111,120
Together = $481,652  vs $1,100,000 Swinerton contract
Difference = $618,348

Clearly, there IS a problem when the Project Manager leaves his post just as the project is ready to get started.  And now we know how much of a problem it is: $618, 348 (and counting).

Tuesday, April 29, 2014

Council Raises Red Flags: Unexpected $1.1 Million Contract for Center of 'Community' Life

Center of 'Community' Life Project Oversight Contract "Awful Expensive" 

Doubts Raised About Whole Project

The Emeryville City Council balked at a recent request for recommending the Emery School District sign a two year contract with a building firm for $1.1 million to oversee the Center of 'Community' Life (ECCL) construction project, a request that drew the ire of the Council members in general and venom from Councilman Kurt Brinkman.  The School District is partnering with the City on the controversial San Pablo Avenue school/community center project and the request at the April 22nd meeting was meant to provide backing for the selection of San Francisco based Swinerton Builders to serve as "owner's representative" for two years overseeing the work performed by chief ECCL builder Turner Construction.  With the January resignation of former District architect and ECCL project director Roy Miller, there is no one left to manage the multi million dollar project, necessitating the hiring of a construction oversight firm to represent the public's interests according to the School District.

The School District request seemed to confuse the Council at first, "We have not received enough information" Nora Davis said upon hearing the request as presented by City Manager Sabrina Landreth but after the $1.1 million price tag was revealed Councilman Brinkman was angered.  He noted he is in the construction trade in his personal life and the request was tantamount to "buying the accessories of a car without knowing what the car is going to cost".  Mr Brinkman was incredulous, "I thought Turner was going to carry the costs of oversight of this [ECCL] project" and "there's not enough teeth to make sure the taxpayers get what they want out of this project".  He added, "At a million dollars, [the Swinerton contract] seems awful expensive to me."

In May, the City of Emeryville is poised to throw in $21 million for its share of the ECCL project, but the $1.1 million Swinerton contract caused the formally supportive Councilman Brinkman to express doubts about the entire ECCL project, "I'm concerned and I don't fully understand what we're getting for our $21 million" he said.

The Council ultimately refused to resolve recommending the Swinerton contract.

Video courtesy of the Emeryville Property Owners Association

Saturday, November 16, 2013

Center of 'Community' Life Project Director Calls it Quits

Roy Miller, Head Honcho for Massive Project,
Suddenly Leaves Emery

Roy Miller, Project Director for the contentious Center of 'Community' Life announced he will quit his position at the Emery School District, leaving the quarter billion dollar City/Schools project without a construction supervisor before ground is even broken at the San Pablo Avenue site. Mr Miller told School Board members, "This is the most awkward I've felt approaching the Board" as he announced he would leave in early January.
The District must now quickly search for an alternate director as construction is set to begin in December.  Board President Melodi Dice told attendees at the November 13th meeting the task will be difficult, "We'll be hard pressed to find a replacement" she said as the District now faces a massive project, ready to start, with no institutional construction project memory.  Mr Miller leaves behind reams of drawings and plans for the project, slated for delivery in the fall of 2015.

School Superintendent Debbra Lindo asked the Board to accept Mr Miller's "retirement", something Board member Josh Simon said he would do, "with great sadness."
Roy Miller
Project Director, Center of 'Community' Life
and Emery School District Chief Architect

Since the announcement on Wednesday evening, the School Board has already begun talking about how to best absorb the sudden loss of the Project Director for the Center of 'Community' Life.  Under consideration is the hiring of an interim project director, a construction management firm, a person in charge of providing a "full service vision" as well as several consultants.  The City of Emeryville, a partner in the project, may also be on the hook for some expenses as a result of Mr Miller's vacating his position the Board indicated.

Roy Miller has been the face of the Center of 'Community' Life, shepherding it since its inception; through four School Superintendents and 11 years.  He has served as the point man for the School District at countless boisterous City Council and community meetings; often taking heat, sometimes generating heat for miscalculations large and small through the years.  He told the School Board members Wednesday his long tenure at Emery has comprised more than a third of his career.

Mr Miller leaves his position as Project Director as Turner Construction is ready to start demolition of the existing buildings on the site, work that is more than a year late according to his announcements in 2011 and 2012.

The Tattler will follow this explosive news as stories develop.

 Correction:  This story originally reported Mr Miller will leave his post in mid December.  We have since learned the actual time is early January.  The story has been corrected as of 3:28 on Saturday 11/16/13.

Video courtesy of the Emeryville Property Association:

Wednesday, February 20, 2013

School District Corruption Uncovered: Pay-to-Play

San Diego County Schools = Emery Unified School District

Emery Unified School District; are your ears ringing?

The San Diego based member-supported nonprofit investigative news organization The Voice of San Diego uncovers rampant fraud and corruption among school districts state-wide as they engage in facilities construction projects.  Central to this exhaustive piece of investigative journalism is the connection between big school construction bond campaign donors and the subsequent awarding of contracts by the school districts.
This is exactly what happened in Emeryville; Center of Community Life builder Turner Construction and bond underwriter Caldwell, Flores and Winter were the largest donors to Measure J, the 2010 school construction bond plebiscite and they were both subsequently chosen by the Emery School Board to receive lucrative contracts...a highly profitable payback ratio for them.  The Tattler reported on this likely quid pro quo campaign-donation-for-contract deal last May.
The story below illustrates how this pay-to-play illegal practice has become an epidemic across the State of California as school districts try to rebuild their schools in the wake of State education cutbacks.

Notable also in the Voice of San Diego story is the exposing of the nefarious 'lease-leaseback' no bid contract deals being awarded to construction firms from school districts around the State.  Again, this practice was also struck with Turner Construction by the Emery School Board.  The story shows how these lease-leaseback schemes are ripe with corruption.

Again, Emery shines...but not in a good way: readers should note if Emery were placed on the School Bonds VS Contracts chart featured in the story, it would rate 100% campaign contribution donated to contracts awarded; another shameful distinction.

This Voice of San Diego investigation is extremely valuable for Emeryville residents to see how their school district has finagled and schemed, transparency be damned, to build the schools at the Center of Community Life.

Here then, is the Voice of San Diego story:

On Local School Bonds, Big Donors Often Win Big Contracts

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  • Construction is under way on new facilities at Montgomery Middle School.
FROM THE REPORTERS
The Question
We wanted to know whether major donors to school bond campaigns are likely to win contracts from school districts once the bond passes. 
The Research
We looked at every school bond campaign in San Diego County since 2006, and focused on companies that donated more than $5,000 to campaigns. Then we approached each district to see whether the same companies won contracts from the district that were paid for with bond dollars. 
The Results
We found a significant correlation between major donors and contracts in 13 of the 17 districts we studied. In some districts, that correlation was striking. In the business of bond underwriting in particular, almost every major donation was followed by the company winning a contract from a district. 
Posted: Tuesday, February 19, 2013 5:55 am | Updated: 11:40 am, Wed Feb 20, 2013.

If you donate more than $5,000 to a school bond campaign in San Diego County, you have a good chance of getting the often lucrative contracts that follow.

A four-month Voice of San Diego and NBC 7 San Diegoinvestigation into local school bond campaigns revealed a pervasive pattern: In 13 of the 17 local school districts that have issued bonds since 2006, a significant correlation exists between the major donors to the district's bond campaign, and the companies that won work on the bond program.

Overall, more than 70 percent of companies that donated more than $5,000 to those campaigns also won bond-funded contracts.
And several donors were awarded contracts without going through an open, competitive process. Rather, they were hand-picked by district officials and school boards, or were chosen by a selection process that bypassed long-standing safeguards designed to ensure the public is getting the best possible deal.
Passing a school bond in California takes serious money.
There are consultants to pay and mailers to print. There are campaign signs to erect and robocalls to record. It's a complicated, costly process that can take months of planning and often requires tens or even hundreds of thousands of dollars.
"You can't bake-sale your way to a bond measure," Tim Baird, superintendent of the Encinitas Union School District, likes to say.
Luckily for California districts, private companies are willing to spend big cash to boost bond campaigns. Construction firms, architects, lawyers and investment banks all stand to make a lot of money from school districts if their bond measures are successful.
Those donations aren't supposed to influence districts when it's time to start handing out work to finance and build projects paid for by the bonds. School officials and trustees are supposed to pick the firms that will give taxpayers the best deals on loans, financial and legal advice, and construction work.
But in some districts, the number of big donors that also received contracts was striking.
Eight companies donated more than $5,000 each to the campaign for Poway Unified School District's Proposition C, which passed in 2008. Seven of those firms won contracts with the district.
Five companies gave the Oceanside Unified School District's Proposition H campaign more than $5,000 in 2008. They all won contracts to work on the bond program.
Every one of the 12 companies that contributed more than $5,000 to the Grossmont Union High School District's Proposition U campaign in 2008 won a contract from the district.
The subjectivity involved in handing out hundreds of millions of dollars in taxpayer-funded work, combined with the fact that large campaign donors often end up winning contracts, has government watchdogs, lawmakers and other regulators concerned.
"This is a quid-pro-quo that would be illegal in just about any other circumstances," said former Assemblyman Chris Norby, who introduced a recent bill aimed at barring bond underwriters from contributing to school bond campaigns. "Can you imagine a politician getting money from a company and then saying, 'You're going to get all of my business from now on?' He'd be in jail for sure."
Donations aren't a guarantee of work. At some districts, donations of more than $10,000 did not result in contracts for the donors. Similarly, some of the biggest winners from local school bond programs didn't donate a cent to bond campaigns.
School district officials across the county said donations to bond campaigns have no impact on who is selected for contracts. The staff members who choose which companies win contracts often don't have any idea who has donated money, officials said.
However, aware of the negative connotations of awarding contracts to big donors, some local districts have started to limit the donations they take from firms that will later compete for their business.
And even in districts that have no limits, officials acknowledged the current system is far from perfect.
'A Little Awkward'
Last fall, Scott Buxbaum was trying to get the Proposition C bond campaign for the Cajon Valley Union School District in El Cajon across the finish line. So, Buxbaum, the district's deputy superintendent of business services, picked up the phone.
He called an investment bank that underwrites hundreds of millions of dollars in school bonds nationwide and is a generous donor to local school bond campaigns.
He heard something he wasn't expecting.
The company would only write a check to the campaign if the district was prepared to sign a contract stating that it would underwrite Cajon Valley's bonds, Buxbaum said.
"I told them, 'No, well that’s not going to happen,'" and hung up, Buxbaum recalls. "I felt a little awkward."
When districts issue bonds, an underwriter agrees to buy the whole bond issue for a fee, often hundreds of thousands of dollars. The company then sells the bonds to investors, netting a profit on the transaction.
Bond underwriters, often large Wall Street banks, are typically some of the highest-paid of all the firms that contract with a school district. And they're big donors to school bond campaigns.
Unlike construction firms, which are usually awarded contracts only after a district has considered bids from several companies, underwriters seldom undergo a competitive bidding process to win a district's bond business.
Rather, school boards negotiate bond sales directly with underwriters — they agree on a fee and negotiate over the interest that will be paid on the bonds. In large deals, minute differences in interest rates could amount to hundreds of millions of extra dollars the taxpayers will ultimately pay to borrow money.
That has long concerned some California legislators, bond industry regulators and industry insiders, who worry that underwriters can buy access to bond business with large campaign donations.
In 2011, a bill sponsored by Norby sought to ban underwriters from working on bond programs to which they had previously donated. It died in a state Senate committee.
Norby said the bond campaign process has been "hijacked by Wall Street." Expensive campaigns are now bolstered by Wall Street banks, a far cry from PTA groups going door to door to promote school bonds, he said.
"There's no honest community debate," Norby said.
Two similar bills sponsored by then-state Sen. Roy Ashburn in 2010 also died in a Senate committee.
A letter to Ashburn from Stratford Shields, then-managing director of Morgan Stanley, laid out the bank's reasons for supporting tighter rules on donations.
"There are many cases where there is an appearance that only the contributing firms to a bond ballot election committee have an opportunity to compete to provide financial services for the bonds," Shields wrote.
School bond underwriting across San Diego County has been dominated by six firms since 2006. In that time, those companies donated more than $280,000 to bond campaigns between them. Almost every time an underwriter donated more than $5,000, it won a lucrative contract to underwrite the district's bonds.
In 2011, the underwriter Stone & Youngberg netted $813,751 for underwriting Poway Unified School District's now-infamous billion-dollar bond deal.
Poway's bond campaign committee had received $25,000 from Stone & Youngberg four years earlier.
The Sweetwater Union High School District paid two underwriters almost $1 million combined to buy their bonds in 2008. One of those underwriters was Alta Vista Financial, Inc., which donated almost $50,000 to Sweetwater's bond campaign committee 16 months earlier.
Trading bond underwriting work for campaign donations is against the law, according to the California Legislative Counsel Bureau, which provides nonpartisan legal advice to state legislators.
"It is our opinion that a school district or other local agency may not condition the award of an agreement to provide bond underwriting services on the underwriter also providing campaign services in support of that bond measure," Legislative Counsel Diane F. Boyer-Vine wrote in a 2010 letter to then-state Sen. Roy Ashburn.
The bond underwriters contacted for this story did not respond to calls for comment.
A spokeswoman for one company, Piper Jaffray & Co., emailed a statement:
"We will not make, or indicate a willingness to make, any financial contribution as a condition to being retained as an underwriter," she wrote.
The Rise of the Lease-Leaseback
Once a school district has sold its bonds, it's time to hire construction firms: architects to design the buildings, construction managers to oversee projects and general contractors to run each construction site.
Traditionally, a California district would hold an open bidding process for those jobs. It would solicit bids, and choose the company that could perform the work for the lowest price.
That method of choosing contractors is fast disappearing in San Diego County. It's being replaced by a process called "lease-leaseback."
In a lease-leaseback, a school district leases a piece of property to a developer, usually for $1 a year. The developer then leases that property back to the district while it is building on the site. The "rent" the district pays over time for this second lease finances the cost of the project's construction.
This method allows a district to contract directly with a developer without holding a competition to see who can build the project for the lowest price.
While school district staffers usually evaluate various bids before awarding a lease-leaseback contract, this process breaks with longstanding requirements to award public construction contracts to the lowest bidder, said Kevin Carlin, a local attorney.
Carlin is suing the Sweetwater Union High School District over its use of lease-leasebacks. He said the requirement to award a contract to the lowest bidder removes any subjectivity from the decision-making process and keeps the system fair.
And he said the lease-leaseback method has been bastardized from its original purpose — to help districts that couldn't afford to fund projects upfront.
Local school district officials and private construction firms have begun to use lease-leasebacks primarily to avoid awarding contracts based solely on price, Carlin said.
"Anytime you introduce the possibility to deviate from the lowest sealed bid, you introduce the opportunity for influence, favoritism, possibly fraud, possibly corruption," Carlin said.
In recent years, large construction firms that donated to local bond campaigns have consistently been awarded such contracts by local school districts.
In Poway, two local construction firms wrote large checks to the school district's Proposition C campaign in 2008. Douglas E. Barnhart, Inc. donated $49,999. Echo Pacific Construction, Inc. donated $60,000.
Barnhart was awarded two lease-leasebacks. Echo Pacific hit the jackpot — it was awarded 13 lease-leasebacks under the district's bond program.
In Sweetwater, two of the four companies chosen to complete lease-leasebacks for the district's Proposition O bond, which passed in 2006, had earlier contributed more than $5,000 to the bond campaign.
'It's Our School District'
David Dudley's company, West Coast Air Conditioning, donated $10,000 to the Cajon Valley Union School District's Proposition D campaign in 2007. Dudley's family trust donated another $20,000 on the same day.
West Coast Air was subsequently awarded a lease-leaseback to build the Cajon Valley Middle School, the largest project built with Proposition D dollars.
Dudley acknowledged that some local districts have earned bad reputations for their bond practices, but said not all districts, or all companies, should be tarred with the same brush.
West Coast Air has been building projects for the Cajon Valley district since 1962, he said.
"It’s our school district," Dudley said. "My kids have gone through the school district. A lot of the people who work here's kids are in the district, so we’ve had a long, long relationship with them performing work and also on the community side."
School district officials across the county similarly cautioned against drawing connections between donations and lease-leaseback contracts.
Lease-leasebacks offer districts — and taxpayers — all sorts of benefits that don't exist when companies are chosen simply on the basis of cost, said Baird of Encinitas Union.
Just as an individual homeowner wouldn't necessarily choose the cheapest craftsman to repair his home, Baird said, districts should be able to choose contractors based on experience and their prior relationship with the company.
And the notion that districts can be bought for a few thousand dollars is ridiculous, he said.
Avoiding a 'Subconscious Response'
The need to ask companies for money, combined with a district's ability to hand out contracts based on factors other than cost, creates an atmosphere that's ripe for corruption, said Bob Stern, former president of the Center for Governmental Studies, a now-defunct watchdog group in Los Angeles.
"They're not going to say that they look upon donors favorably," Stern said. "But studies always show that there's a subconscious response in these situations."
To avoid even the perception of pay-to-play, some districts have started to proactively limit the amount they will take from donors.
Buxbaum said the Cajon Valley district's 2012 bond campaign placed a $2,000 limit on contributions, specifically to send a message that contracts couldn't be bought.
Other districts haven't followed suit.
The second-largest successful school bond campaign in San Diego County last year was Proposition AA at the San Dieguito Union High School District. The measure asked voters to approve the district selling almost half a billion dollars' worth of bonds.
The campaign contributions list for Proposition AA is a who's who of construction and bond finance firms.
Five companies each donated $25,000 to the district's bond campaign, including one underwriter, three architects and one large construction firm.
If history is any guide, those five companies stand a very good chance of being awarded a contract at some point in the near future.
Will Carless is an investigative reporter at Voice of San Diego and Wendy Fry is a reporter for NBC 7 San Diego. You can reach them at will.carless@voiceofsandiego.org andWendy.Fry@nbcuni.com.