School Site Toxins: Who Could Have Guessed?

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

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

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

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

Report Finds Soil at Community Center School Site a Toxic Stew

Center of 'Community' Life Site of 
Toxic Waste Dump

Report: $1.7 Million Clean-Up Indicted

A recently released 1,062 page report on the soils at the Emeryville Center of 'Community' Life (ECCL) site reveals that the ground there is highly contaminated with numerous toxins that will need to be removed at a cost estimated as high as $1,733,467 before construction can proceed.  The report and clean-up plans, prepared by BASELINE Environmental Consulting and Millennium Consulting Associates, explains that prior industrial uses at the San Pablo Avenue site, the future home of a new high school, elementary school and community center, include a gas service station, an auto repair shop, a rubber material manufacturing plant, a plastic molding works, a spray painting facility, clothes press and cleaners, an auto wrecking yard and a motor coach facility, and that these prior users of the site have left behind numerous toxic substances in the soil that constitute a health hazard.

Identified toxins in the soil include carcinogens such as metallic lead, arsenic, volatile organic compounds (VOC's), high levels of pesticides and enough flammable methane to pose an "explosion hazard".  A more complete list is included at the bottom of this story.   

Some of the toxic material permeating the site is especially hazardous for young children BASELINE noted, raising the concern about the Emery School District moving the elementary school children to the toxic site after the planned closing of the existing Anna Yates Elementary School on 41st Street, a location that has no record of any industrial uses in it's history.  Records indicate the existing Anna Yates site has had a school on it continuously since 1886, before Emeryville was even incorporated as a town.

The majority of the toxic waste on the ECCL site is centered on the north east corner near 53rd Street and San Pablo Avenue where the most of the previous industrial activity took place, the same location of the future community center and elementary school part of the ECCL project it should be noted.

The District has indicated they will pay to dig up and truck the toxic waste off the site as the report suggests but they haven't yet committed to a specific plan in the BASELINE report.  There is an alternate less costly solution the report notes, that would leave behind large quantities of toxic material entombing it under a plastic "vapor barrier" beneath the school and community center.  

The City of Emeryville it should be noted, set a precedent for leaving toxic waste at development sites in town when the City Council majority selected a similar solution for the 'Transit' Center on Horton Street in January approving a less costly clean-up allowing Wareham Development to save money by leaving behind copious quantities of toxic waste on the site under the proposed building also beneath a vapor barrier.  That solution will require a much more rigorous on-going monitoring regimen than would have been required with a full clean-up.  Also at the ECCL site, if the School District chooses the less costly solution, the District will be on the hook for implementing a monitoring program in perpetuity.  The less costly plan is estimated to cost the District some $1.3 million. 

A School District official told the Tattler anonymously there is money set aside for contingencies that will go towards the toxic soil remediation on the site but he refused to say how much for the record.

Public Comment Period

There is a public comment period on this removal plan currently running until April 20, 2014.  Citizens are urged to contact the School Board or attend a Board meeting to make their views on this matter known.  For those wishing to encourage the Board to pursue the full clean-up alternative recommended in this report, that plan is referred to as "Alternative 3." "Alternative 2" is the less costly solution (at least initially) that would leave toxins on the school and community center site at a savings of some $400,000.

         .                .                .                .

Hazardous Toxins at the ECCL Site

The specific substances found include lead, arsenic, petroleum hydrocarbons, organochlorine pesticides (“OCPs”), volatile organic compounds ("VOCs"), and methane. The report details the potentially harmful health effects of these substances:

Lead
Metallic lead is particularly hazardous for young children. It causes brain damage leading to permanent learning difficulties and loss of cognitive function especially for those of elementary school age.  From the report:
"Lead is a toxic metal and a suspected carcinogen... Lead can impair the nervous system, affecting hearing, vision, and muscle control.  It is toxic to lungs, kidneys, blood, and heart... Exposure in children can cause irreversible learning deficits, mental retardation, weight loss, weakness, anemia, cognitive dysfunction, and delayed neurological and physical development." pp. 35-36.

"Lead was detected in 35 soil samples at concentrations above the DTSC’s action level of 80 mg/kg (DTSC, 2009).  The highest concentration of lead detected on‐Site was 2,700 mg/kg... Therefore, soil on‐Site that contains concentrations of lead above 80 mg/kg poses a potential health risk for Site occupants." p. 41. (That's right. One soil sample contained nearly 34 times as much lead as is allowed by California's Department of Toxic Substances Control ("DTSC").)

Arsenic
"Arsenic is one of the most toxic elements that can be found.  Humans may be exposed to arsenic through food, water, and air.  Exposure may also occur through skin contact with soil or water that contains arsenic.  Exposure to inorganic arsenic can cause various health effects, such as irritation of the stomach and intestines, decreased production of red and white blood cells, skin changes and lung irritation. It is suggested that the uptake of significant amounts of inorganic arsenic can intensify the chances of cancer development, especially the chances of development of skin cancer, lung cancer, liver cancer, and lymphatic cancer. A very high exposure to inorganic arsenic can cause infertility and miscarriages with women, and it can cause skin disturbances, declined resistance to infections, heart disruptions, and brain damage with both men and women. Inorganic arsenic is regulated as a carcinogen." p. 36.

"Arsenic was detected in two soil samples collected... at concentrations above the Site‐specific background level of 15 mg/kg.  Therefore, soil on‐Site that contains arsenic above background levels poses a potential health risk for Site occupants." p. 41.

Pesticides - Dieldrin
"Dieldrin was used extensively as an insecticide on crops such as corn and cotton from the 1950s until 1970. The U.S. Department of Agriculture canceled all uses of dieldrin, as well as aldrin (a structurally similar pesticide) in 1970. In 1972, however, U.S. EPA approved aldrin and dieldrin for killing termites. Use of aldrin and dieldrin to control termites continued until 1987 when the manufacturer voluntarily canceled the registration for use in controlling termites.

People exposed to large amounts of dieldrin experienced convulsions, some had kidney damage, and some died.  Exposure to moderate levels of dieldrin led to headaches, dizziness, irritability, vomiting, or uncontrollable muscle movements. Some sensitive people seemed to have developed an autoimmunity in which dieldrin caused the body to destroy its own blood cells. Results from animal studies showed that dieldrin caused similar effects on the nervous system and on the kidneys to those seen in people. Additional effects on the liver and immune system were also observed in animal studies. More recent data suggest that children may differ from adults in their susceptibility to health effects from dieldrin exposure and may increase children’s risk of developing Parkinson’s disease. The U.S. EPA has classified dieldrin as probable human carcinogen based on sufficient evidence of carcinogenicity in animals." p. 36.

Pesticides - Heptachlor Epoxide 
"Heptachlor epoxide is created when a substance called heptachlor is released to the environment and mixes with oxygen.  Between the 1960s and 1970s heptachlor was used to kill termites found in the home and farmers used it to kill insects found on farm crops, especially corn crops.  In the late 1970s, the use of heptachlor was phased out.  By 1988, the commercial sale of heptachlor was banned in the United States.  The use of heptachlor is restricted to controlling fire ants in power transformers.  There is very little information available about the short‐term exposure to high doses of heptachlor epoxide to humans.  But animal studies show that heptachlor epoxide is very toxic to humans and animals.  Animals that were fed high levels of heptachlor during a short period of time experienced tremors and convulsions.  Not much information is available about the health effects on humans from long‐term exposure to heptachlor epoxide.  But animal studies suggest that long‐term exposure can affect the liver. The U.S. EPA has classified heptachlor as probable human carcinogen based on sufficient evidence of carcinogenicity in animals." p. 37.

"The total excess lifetime cancer risk from dermal contact and soil ingestion" due to chemicals such as dieldrin an heptachlor epoxide at the ECCL site was determined to be five times the acceptable risk level. p. 47.

Total Petroleum Hydrocarbons ("TPH")
"Total petroleum hydrocarbons is a term used to describe a large family of several hundred chemical compounds that originally come from crude oil... some of the more well‐known constituents of TPH‐mo polynuclear aromatic hydrocarbons are naphthalene, benzo(a)pyrene, benzo(a) anthracene, and dibenzo(a,h)anthracene. Some of the TPH compounds can affect the human central nervous system or cause headaches and dizziness at high concentrations in the air. Other TPH compounds can cause effects on the blood, immune system, lungs, skin, and eyes. Animal studies have shown effects on the lungs, central nervous system, liver, and kidney from exposure to TPH compounds. Some TPH compounds have also been shown to affect reproduction and the developing fetus in animals.  Other TPH compounds, such as benzo[a]pyrene, could possibly be carcinogenic to humans." p. 37.

"The health hazards from dermal contact and soil ingestion posed by the" TPH compound levels found on site "indicates that the presence of contamination may pose a significant non‐cancer threat to human health." p. 48.

Volatile Organic Compounds ("VOCs") - Benzene
"Benzene, a volatile organic chemical, is a clear, colorless aromatic liquid.  It is highly flammable... Acute (short‐term) inhalation exposure of humans to benzene may cause drowsiness, dizziness, headaches, as well as eye, skin, and respiratory tract irritation, and, at high levels, unconsciousness.  Chronic (long‐term) inhalation exposure has caused various disorders in the blood, including reduced numbers of red blood cells and aplastic anemia, in occupational settings.  Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.  Increased incidences of leukemia (cancer of the tissues that form white blood cells) have been observed in humans occupationally exposed to benzene.  The U.S. EPA has classified benzene as known human carcinogen for all routes of exposure." pp. 37-38.

Volatile Organic Compounds ("VOCs") - Vinyl Chloride
"Most vinyl chloride is used to make polyvinyl chloride (“PVC”) plastic and vinyl products... Acute (short‐term) exposure to high levels of vinyl chloride in air has resulted in central nervous system effects (“CNS”), such as dizziness, drowsiness, and headaches in humans.  Chronic (long‐term) exposure to vinyl chloride through inhalation and oral exposure in humans has resulted in liver damage.  Cancer is a major concern from exposure to vinyl chloride via inhalation, as vinyl chloride exposure has been shown to increase the risk of a rare form of liver cancer in humans. EPA has classified vinyl chloride as a human carcinogen." p. 38.

"The total excess lifetime cancer risk from exposure to VOCs in indoor air posed by" chemicals such as benzene and vinyl chloride was determined to be 4.5 times the acceptable risk level. p. 47.

Methane
"Methane is non‐toxic but may represent a health risk from explosion or asphyxiation if allowed to accumulate in enclosed spaces.  Methane is explosive between the LEL of 5 percent by volume and the Upper Explosive Limit (“UEL”) of 15 percent by volume.  If potentially explosive gas levels are detected, an imminent and substantial danger may exist.  If the concentration of methane becomes extremely high, the oxygen content of the air may become oxygen deprived. Asphyxia may result if the oxygen concentration is reduced to below about 16 percent by displacement..." p. 38.

"Elevated methane levels were detected in the subsurface within the northeastern corner of the Site... The lower explosion limit for methane is 53,000 ppmv or 5 percent. The maximum methane concentration detected in the soil gas at the Site was 83,000 ppmv... indicating the methane may represent a health risk." p. 48. (That's right. Methane was found at levels nearly twice as high as is necessary for it to EXPLODE.)

City Hall Releases Charter City Revenue Numbers

Emeryville Left $21 Million on the Table

News Analysis
A  debate has begun at City Hall about an Emeryville 'charter city' ballot initiative that would enable the City to capture real estate transfer fees, a "leaking" of revenue says Mayor Jac Asher.  If it were a charter city and charged what the City of Alameda charges, Emeryville would have net some $21 million more than it did between 2009 and February 2014 according to the City.

The idea, first floated by Mayor Asher in her State of the City address last January proposes to change the governing system of Emeryville from what it is now, a 'general law city'; a form of governance dictated by laws ensconced at Sacramento, to a charter city; more of a local control governance system.  The main reason Ms Asher sees value in becoming a charter city is that legal designation allows for the people of Emeryville to decide by a ballot initiative, about imposing a real estate transfer tax, like neighboring cities do.  The tax, would impose a percentage fee for real estate transfers based on the selling price per $1000 dollars of value.

At a March 18th City Council meeting power point presentation prepared by the City Clerk's office, the Council heard about how Emeryville neighbor cities have been receiving millions of dollars, mostly paid by businesses, because they are charter cities and they impose transfer fees.   Emeryville does receive a small pittance for transfers (the most it can charge as a general law city); now pegged at $.55 per $1000 of value.  Neighbor Alameda, a charter city, charges $12 per $1000.  Other neighbors, all charter cities, charge similar amounts; Berkeley and Oakland both charge $15 per $1000 on the high side while Hayward charges $4.50, the lowest of neighboring cities.  The fees draw money these cities use to make up for the loss of revenue provided by their respective redevelopment agencies after Sacramento shut the agencies down state wide two years ago.

The numbers for comparison, Emeryville vs neighboring cities:
Property transfer revenue 2009-Feb 2014

• Alameda     $29,219,563
• Berkeley & Oakland   $36,555,112
• Hayward   $10,849,190
• Emeryville  1,178,867

Here's a breakdown of recent major property sales in Emeryville. The first number is what the City received at $.55 and what we would have received if we charged $12 per $1000 value (the same as Alameda and less than Berkeley or Oakland).

Recent major property sales, what was paid to City Hall vs what would be paid:

• 1900-2200 Powell:  at $.55 is $75,000...at $12 would be $1.638 million
• East Bay Bridge Center:    $69,000... would be  $833,000
• Bay Street Mall:   $35,000...would be $771,000
• 6529 Hollis (Clif Bar):   $34,000....would be $749,000 
• 1800 Powell:   $18,000.... would be $394,000
• Woodfin Suites:   $18,000... would be $394,000
• Novartis:   $61,000...would be $1.352 million

Between 2009 and February 2014, Emeryville had $1.838 billion in property sales which net $1.1 million in revenue.  If Emeryville charged in transfer fees what Alameda charges, that same $1.838 billion in sales would have net more than $22 million.... a loss of almost $21 million for the people of Emeryville.

City Council Moves 'Charter City' Idea Forward

Tonight the City Council voted unanimously to start a process that could lead to a November ballot initiative permitting voters to decide if Emeryville should become a charter city; an alternate style of municipal governance that increases local control at the expense of Sacramento.  The idea was first broached in January at the State of the City annual address by Mayor Jac Asher.  Mayor Asher says by becoming a charter city, Emeryville voters could decide if a real estate transfer tax should be imposed, offsetting the major loss of funds Emeryville has experienced in the wake of Sacramento rescinding the Emeryville Redevelopment Agency.

Even though all five Council members ultimately voted to instruct the City Staff to bring a specific charter city proposal for their consideration at a future meeting, Councilman Kurt Brinkman struggled with the idea at first, "The City has been run well with the current structure" he lamented.  Further, he added, if real estate transfer taxes are increased it would cause inequity, "It's not fair that renters don't have to pay this fee" he said.  Such a tax would be on the backs of residents Mr Brinkman said, albeit homeowners and only those selling their homes and leaving Emeryville.  The City Clerk noted home sales are a small percentage of real estate transfers in Emeryville (businesses being the lion's share) and if the people decide to raise the tax, it could be possible to craft a ballot initiative to carve out most homeowners by exempting properties less than a set amount.  The Council instructed the staff to present several specific proposals for their consideration at the future meeting.

Mayor Asher stressed the importance of getting our fiscal house in order after the demise of the Redevelopment Agency.   She stressed the fact that neighboring cities have become charter cities,  imposing transfer taxes to fill voids in their budgets after their redevelopment agencies were taken away.  Ms Asher called a transfer tax a "new economic tool" to help Emeryville move forward as our neighbors have done.

Still No Sign of the Tattler 'Rapid Response Team'

School District Spent $17,000... So

Where's the Tattler 'Rapid Response Team'?

Opinion/Follow-Up
Where's the Emeryville Tattler negative story Rapid Response Team?  We, the people of Emeryville  paid for it, so where the hell is it?
Early last year, the Emery School Board was so addled by negative stories about their roll out, some might say steamrolling, of the school rebuild project known as the Emeryville Center of 'Community' Life (ECCL), they sought relief...not by ceasing their program of quashing citizen dissent, the main source of the negative press, but instead by paying for a public relations consultant to among other things, contain and incapacitate the Emeryville Tattler.  The consultant recommended the District impanel an Emeryville Tattler negative story "Rapid Response Team" to make sure they remain in control of the debate frame about ECCL and not the Tattler.


The School District paid San Francisco corporate consulting firm Davis and Associates $17,000 to produce the Center of 'Community' Life Three Year Strategic Communications Plan as a result of citizen criticisms about lack of transparency surrounding ECCL.  A central tenet of the plan is the recommendation that the District set up the Rapid Response Team and the Tattler is called out by name as the District's main nemesis.

Since the District retained Davis and Associates last year, the Tattler has kept up with the negative stories about the Center of 'Community' Life as they have been warranted as news has come to light, however the people of Emeryville have not received the benefit of the Rapid Response Team.  At least not yet.  The District has continued on with their 'our way or the highway' approach to building the ECCL, and as a steady stream of elected officials and high level staff proponents of the ECCL have sought the exits, the Tattler has kept up with the reporting but there's been nary a whiff of the Rapid Response Team.

We want to know where is this team?  What are they waiting for?  "Rapid" in this case may be just hyperbole.  Maybe the whole thing has been a ploy, meant to intimidate.  We're not intimidated.  The people of Emeryville paid good money for this public relations advise and we like to think it wasn't money wasted.
Come on Emery!  You're not supposed to let story after story go unanswered.  The Tattler is supposed to be nipped in the bud, cut off at the knee caps.  We're unimpressed we must say, with your response so far.

Corporate Donations to Our Schools? Pixar (& others) Ain't Feelin' It

In Emeryville, Corporate 'Generosity'
is Not Really Generosity

When It's Done, It's Done To Help Themselves

News Analysis

Q:  How much money did Pixar donate to Emeryville schools last year?
A:  Goose egg!

Corporations commonly donate money to needy causes in the communities where they're located.  It's an effective way for them to remove the taint of all the negative impacts associated with their presence for members of the community.   Emeryville, having been transformed into a corporate mecca over the last 20 years should be awash in donations for causes like education (the perennial corporate favorite) then right?  Wrong.
Corporations here start out giving to the schools, very visible giving usually when they need something from City Hall.  After whatever favors are granted and they no longer need us for anything however, corporate philanthropy commonly slows to a trickle or even stops altogether.  In the Emeryville world of corporate generosity, giving is seen as a means to an end.

Corporations like to foster community good will towards themselves by such indiscreet giving.  Sometimes their City Council sycophants will do the PR work and loudly proclaim the corporate generosity.  Of these, Pixar/Disney, with its $42 billion revenue in 2012 is notable.
It's common knowledge in Emeryville that Pixar is extremely generous to our schools; offering mentoring, screenings of their new films for fundraising and lots of money.  Everybody knows they give a lot to our schools, right?  One would expect them to, after all they're a multi-billion dollar corporation with a child-centric raison d'etre,  taking up a huge percentage of land in our town.  How much money do you think they donated last year?  The answer is zero.  Plus the film screening fundraisers have stopped all together.  Pixar's donations to the schools, started out robust as they sought to expand their campus a few years ago but since then the much ballyhooed spigot has quietly been turned off.

Pixar gave Emeryville schools 

zero last year

Back in 2004, when Pixar needed the citizens of Emeryville to approve a controversial major campus expansion, their corporate philanthropy towards Emeryville's schools was made known to everybody.  They endowed the schools over $100,000.  It was a major feather in their cap as they sought to persuade Emeryville residents to vote yes to Measures U and T; the ballot measures needed for their construction project to start.  The NO on U & T side said Pixar should build their campus expansion but should enter into a Community Benefit Agreement; an accord to provide local hire for the construction, to guarantee money for the schools, help with affordable housing and other such things.  Community Benefit Agreements (CBA's) are common in the Bay Area for major corporate planned unit developments like the Pixar expansion.
Pixar for its part said in addition to their ongoing generosity towards the schools (not forced but donated voluntarily), they would pay millions every year in business taxes.  As it turned out, after Measures U & T passed, they claimed their income was to be attributed to Burbank, the headquarters of Disney Corporation, of which Pixar is a subsidiary.  As a result of that claim, they paid Emeryville just $8000 in 2011 business taxes according to City Councilman Kurt Brinkman, and presumably similar amounts in subsequent years.

Hoodwinked
We just spent $100 million on Phase 1 of our campus.
But we're willing to lose that and leave Emeryville
if we have to sign a CBA like other corporations do.
Oh, and we're not paying taxes or giving anything
to your schools after you vote YES on T&U.

Before the 2004 election Pixar had just completed Phase 1 of their campus at a cost of approximately $100 million.  However, the thought of having to sign a CBA with the people of Emeryville was enough for them to claim they would pull up stakes and leave our town unless they got everything they wanted.  That was a threat Councilwoman Nora Davis and some of her colleagues said was absolute it should be noted, and she railed against any citizen who had the temerity to ask that City Hall negotiate with Pixar for a better deal.
 
Not Just Pixar
And that's the way it goes in Emeryville.  When corporations here face any kind of exposure, when they need something from us, out comes the check book and the corporate largess towards the schools flows like wine.
Bay Street Mall developer Madison Marquette gave $50,000 to Emeryville's schools in 2009 when they needed the Council to OK the exclusive right to negotiate (ERN) for the "Site B" mall expansion on some fallow ground to the north of the mall.  The ERN agreement between City Hall and Madison Marquette would lock out any other developer from making proposals for the site.  After the City Council granted the ERN, Madison Marquette, with its portfolio of 23 million square feet of prime retail real estate holdings, has severely curtailed spending on Emeryville schools.  Since 2009 they have only given $5000 or less per year.  Wareham Development's donations to the schools has dropped precipitously from the years when they were asking permission to build several major projects in Emeryville from 2008 to 2011. During those years Wareham gave $60,000 to as much as $87,500.  Last year Wareham gave just $15,000.   Emeryville's Novartis Diagnostics, a major bio tech corporation at $58 billion in US revenue last year alone hasn't needed anything recently from City Hall, no request for permission to expand their campus or any other favors and so they haven't donated anything at all to Emeryville's schools.

Letter to the Tattler: Ingrid Eliasson

The following is a letter received from Anna Yates Elementary School teacher Ingrid Eliasson in response to the recent announcement that current principal Jag Lathan will be leaving in June.


Dear Anna Yates Community and Greater Emeryville Community,

Many of you may already know Dr. Clifford Thompson, former principal of Emery High School 2001-2003, who has been substituting for Principal Jag Lathan for the past two years. For those of you who do not know Dr. Thompson, I would like to provide you information about his qualifications for the upcoming position of Principal for Anna Yates Elementary School. 

Dr. Clifford Thompson

Dr. Thompson has worked in education for over 30 years, primarily in the Oakland Unified School
District where he has taught everything from French to math and served as an administrator in many roles, including principal of the K-8 Conservatory of Vocal and Instrumental Arts and principal of the 100 Black Men Community School, an all-male public charter school. Dr. Thompson also served as principal of Emery High School 2001-2003, during a time of leadership and financial crisis for Emery Unified School District. Dr. Thompson is currently working as Adjunct Professor of Education at Patten University, California State University Hayward and the University of Phoenix. 

As President of the Oakland Alliance of Black Educators, an affiliate of the National Alliance of Black School Educators, Dr. Thompson’s leadership works to achieve goals including: 

• Identifying programs and practices which both enhance or inhibit the education, social moral development of African American children and youth 
• Eliminating systemic inequities adversely impacting African American students within local schools and districts 

Dr. Thompson’s educational qualifications include: 

• Professional Clear Tier One Administrative Credential 
• Professional Clear Tier Two Administrative Credential 
• Doctorate of Education (Ed.D.) University of San Francisco 
• Master of Science (MS), Education California State Hayward 
• Bachelor of Arts in Liberal Studies, Multiple Subject Teaching Credential California State Hayward 
• Single Subject Teaching Credential, French Language Teacher Education California State Chico 
• Bachelor of Arts (B.A.), French and Rhetoric University of California, Davis 

Many of Anna Yates staff, teachers, and parents have seen Dr. Thompson at work as a substitute principal for Anna Yates, and have been impressed by his leadership and community building skills in action. With Dr. Thompson’s leadership, the whole environment of the school transforms for students, parents, and teachers alike, becoming calm, positive, productive, and welcoming for all. As a result, many of Anna Yates staff, teachers, and parents have decided to take action to petition the School Board of Emery Unified School District to hire Dr. Thompson as the new principal for Anna Yates Elementary School. 

Regardless of the petition circulating in support of Dr. Thompson, rest assured that EUSD School Board will interview and verify the qualifications of all candidates for the position of Anna Yates Principal. The purpose of this petition and this letter to the Tattler is to inform EUSD school board members that there is strong community support for Dr. Thompson as a candidate for principal!

Supporters of Dr. Thompson's candidacy for the Principal of Anna Yates Elementary School will be presenting their petitions to the EUSD School Board during their regular meeting at 6:00 pm, Wednesday, March 12th located at Emery Unified School District Office, 1275 61st Street, Emeryville. This is an opportunity for you to speak to the School Board on the behalf of Dr. Thompson, and/or let the Board know what qualities Anna Yates new principal should have! 



Ingrid Eliasson is a teacher librarian at Anna Yates Elementary School in Emeryville.  Ms Eliasson has taught at Emery Unified School District since 1994.

Elementary School Principal Suddenly Announces Her Departure

Yet Another Departure from Emery Unified

  

  Whispered Sinking Ship Metaphors Heard

Among Parents

Parents of Anna Yates Elementary students received the letter below in their "Wednesday packets" from Principal Jaguanana Lathan announcing that as of June 27, 2014 she "will be leaving" her position with Emery Unified. Nothing in her letter indicates whether she resigned or was fired and she does not indicate what her next career move will be.

The letter sent another shock wave through the Emeryville community that has seen the Superintendent of the schools announce her retirement and then saw her departure date accelerated, that saw the Emeryville Center for 'Community' Life  Project Manager retire and then its most outspoken booster on the School Board, Joshua Simon, also announce his departure from the School Board.  Now the Elementary School Principal is gone too, and that's just the departures since October.   This District has a less than spotless hiring record, and citizens may continue to see a revolving door for administrators as the much touted and over promised Center of 'Community' Life begins construction.

Anna Yates Elementary School Principal's Letter Announcing Departure

Emery School District & City Rolls Back Citizen Speech, Access to Their Government

Citizen Engagement Sharply Curtailed by City/Schools

The City of Emeryville and the Emery Unified School District joined forces last Wednesday to sharply curtail and restrict public access to their government by dramatically reducing citizen's rights at public meetings held by the two bodies.  The new regime of harsh restrictions came in a 'rules and procedures' update announced by the City and the School District February 26th.

Among the new restrictions at City/Schools Committee meetings:

• Citizens may not criticize the job performance of a specific Council member or School Board member, only the body as a whole. 
• No questions may be directed to any specific Council member or Board member.
• Citizen speaking time is reduced from 3 minutes to 2 minutes at the open 'public comments' section and reduced from 3 minutes to 1 minute for other items on the official agenda. 
• The Presiding Officer is empowered to allow certain citizens to speak longer if the officer so desires.
• Citizen speakers are required to identify themselves and give their place of residence, anonymous comments will no longer be allowed.
• Only "duly accredited" representatives of the press and other media will be permitted to remain and observe the continuing proceedings after the Presiding Officer clears the room for any reason. 

The new rules and procedures document also states the Presiding Officer shall prevent citizens "bullying" the City Council or the School Board members.

Some of the new rules announced for the City/Schools meetings were also attempted to be ensconced separately at the City Council meetings and the School Board meetings several years ago.  The City Attorney was forced to retract several rules after they were challenged by citizen activists.  At least two were determined to be illegal, those being the requirement for citizens to identify themselves and the prohibition against addressing a specific Council or Board member.

In addition to the above two bogus rules, Wednesday's other rules may similarly face citizen push-back and some may also be illegal.
For instance the arbitrary and suspect separation between "duly accredited"members of the press and those not accredited or recognized by the government almost certainly does not comport with the Constitution.  Other rules are clearly an attempt by the City and the District to quash citizen dissenters and appear arbitrary and capricious; the respective two and one minute speaking limits for some speakers with provisions to allow other speakers (that the government likes) unregulated speaking is such an attempt to stifle dissenters.  The prohibition against citizens 'bullying' their government representatives is notable in that the new rule turns the word bully on its head, the essential prerequisite imbalance of power having been reversed.  A bully is one who intimidates or abuses a weaker person(s), as when a government representative intimidates or abuses a citizen or group of citizens.  The reverse, when a powerless citizen becomes emboldened, what might be called bullying here, is commonly referred to as "speaking truth to power" in other less authoritarian quarters.

The City/Schools Committee is comprised of all five City Council members and all five School Board members.

Below is a posting of the relevant sections of the updated rules and procedures:

RULES OF PROCEDURE OF THE EMERYVILLE CITY/SCHOOL COMMITTEE

February 26, 2014 

2.0 GENERAL RULES
2.14 Preservation of Order:  The Presiding Officer shall preserve strict order and decorum, shall prevent threatening, bullying, or disruptive verbal attacks on the Emeryville City/School Committee members, staff, and/or citizens, confine debate to the item under discussion, and discourage demonstrations before the Emeryville City/School Committee such as applauding or “booing”. 

2.16 Authority to Clear Room Where Meeting Willfully Interrupted, Etc.:  Upon instructions by the Presiding Officer, the Chief of Police or his or her designee may be called for the purpose of removing any person who, in the Presiding Officer’s judgment, has violated the rules of conduct and has disrupted the meeting. In the event that any meeting is willfully interrupted by an individual, group or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by removal of the individual or individuals who are willfully interrupting the meeting, the Presiding Officer may order the meeting room cleared and continue in session.  Only matters appearing on the Agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.  Nothing in this section shall prohibit the Presiding Officer from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 

    

                                    B. The following shall apply for “Agenda Items”:

2. Before the Emeryville City/School Committee takes action on the item, if any action is contemplated, the Presiding Officer shall recognize those members of the public who have signaled their desire to address the Committee. Each person, once recognized by the Presiding Officer, shall approach in an orderly fashion, and state their name and city of residence for the record.  To assist with preparation of the minutes of the meeting, each person is asked to sign their name on a speakers list at the podium, but is not required to do so. 

5. All remarks on an Agenda Item shall be directed to the Presiding Officer and the Emeryville City/School Committee as a body and not to any particular member of the Emeryville City/School Committee, staff or member of the public. 

7. No question shall be asked of Emeryville City/School Committee Members, the City Manager, School Superintendent or staff except through the Presiding Officer.

C. The following shall apply for “Public Comments”:

3. Each speaker is limited to two (2) minutes for any comment during “Public Comments”. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.

D. The following shall apply for any other portion of the Agenda:

2. Each speaker is limited to one (1) minute for any comment on any other portion of the Agenda. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.

'Transit' Center Project Mysteriously Missing from Emeryville Capital Improvement Presentation

'Transit' Center Pushed Down the 
Memory Hole

Opinion
If the City of Emeryville planned on spending $4.2 million on a specific capital improvement project between the years 2014 and 2019, wouldn't you think that project would appear in a City Hall produced document for public edification entitled 'Capital Improvement Program Fiscal Years 2014-15 to 2018-19'?   Especially if smaller projects representing less public money were highlighted in the document?
That's what we thought.  So we were surprised when the City Staff gave a thorough account of planned capital spending and the 'Transit' Center, a Wareham Development project planned for Horton Street with it's $4.2 million publicly purchased amenity of four Amtrak bus bays, was completely  left out of the document handed out to the public and discussed yesterday morning.  Other  projects, like the Senior Center Rehabilitation at $1.9 million, the Peninsula Fire Station Renovation at $1.3 million, the Art Center at $3.9 million were explained in detail by the Staff but strangely, the 'Transit' Center at $4.2 million was not.  
"It was an oversight", Public Works Director Maurice Kaufman explained when asked.

An "Oversight"... Was it Really?

The City used the Saturday meeting to explain about the Capital Improvement Program which is essentially a 'wish list' for City projects to benefit the people.  The City also wished to elicit comment from the public about the CIP.
They took pains to describe the negative repercussions on the CIP as a result of the demise of the Emeryville Redevelopment Agency (RDA) and about how the City had rescued some projects from the clutches of the State of California when Sacramento declared Redevelopment Agencies illegal state-wide last year.  Emeryville had four projects so rescued and some former RDA funds were permitted to be unlocked.  The State is basically letting us use our own money to fund these projects. The four projects are the Center of 'Community' Life on San Pablo Avenue, the Art Center at City Hall, the South Bayfront Ped/Bike Bridge over the railroad tracks and the 'Transit' Center project.   Other projects in the CIP wish list are to be funded by the City with money generated without the Redevelopment Agency. The three projects included by Staff were described in detail Saturday but the 'Transit' Center never made it into the document or the discussion.  Observant people with a knack for budgetary spreadsheets might have seen the small text entry of the $4.2 million in an adjoining financial accounting however.

The crowd Saturday was asking for capital improvement funded amenities one would expect from residents: parks (for dogs and people), bike and ped infrastructure, street trees and those kind of things.  Nobody there was clamoring for bus bays.  In fact we've never heard any Emeryville resident ask for more bus bays from the public coffers.  Yet that's what we're getting.  And that illustrates the point: The 'Transit' Center project is not popular with the people of Emeryville.  There already are bus bays at the Amtrak station near the proposed "Transit' Center.  The people in Emeryville don't think it's a wise use of limited public money. The Emeryville Planning Commission, a body hand picked by the City Council, agrees with the residents; they twice voted NO to the 'Transit' Center, stating there wasn't enough in public amenities to justify the $4.2 million public cost.  But the City Council majority overrode the Planning Commission and voted to grant the public money to favored developer Rich Robbins, CEO of Wareham Development  anyway.
Now that that's done, obviously, they want it to just quietly disappear.  They'd rather not needlessly crow about it and remind people that it's developers that call the shots in this town.

Sometimes it's the little things that give away the bigger picture in Emeryville.  Like when our City Attorney Mike Biddle leapt out of his seat, grinning ear to ear, and shook the hands of Wareham representatives in attendance at the January 21st meeting after the Council voted (3-2) to override the Planning Commission and give the green light and public money to Wareham's Rich Robbins.  Sometimes it's the non-existent things that tell the tale; like when the 'Transit' Center got pushed down the memory hole.