Transit Center Gets Nix From Planning Commission

2nd 'No' Vote From Planning Commission

to Transit Center

"Not Enough Public Benefit" 

Thursday night, Emeryville's Planning Commission gave a thumbs down to Wareham Development's contentious 'Transit Center' proposed to be built north of the Amtrak station on Horton Street.   The No votes among the Commissioners (Kuemmerle & Gunkel) said the project doesn't offer enough public benefit especially considering a $4.2 million grant  of public money Wareham is to receive for the project.  Two Commissioners voted Yes (Cardoza & Keeler) and two abstained (Moss & Tann).  A tie vote results in a rejection of the application.  The City Council will be the final arbiters in the project and they could override the Planning Commission as they did in 2010 on an earlier vote on the controversial project.  That earlier Council vote split 3-2 (West & Asher dissenting).

The Transit Center project is comprised of an office tower on a parking podium, a small public plaza and four bus bays in the parking garage.  The bus bays are meant to accommodate the Amtrak station.

Some residents cried foul when City Council earlier in the year voted to grant Wareham $4.2 million in public money to build the project, funds leftover from the remains of the former Redevelopment Agency.   Wareham had promised to clean up the toxins left over from the polluting days when Westinghouse Electric Company manufacturing operated at the site, a fact Council Member Nora Davis said was a deal maker.  Ms Davis it should be noted has been very vocal on using developer and public money to clean up toxins from Emeryville's industrial past. In the intervening years since the agreement was hammered out with Wareham however, the development firm reneged on their promise and they will now only partially clean up the site, leaving toxins entombed in the soil beneath the new building.

Thursday's Planning Commission vote against the Transit Center marks the second time the planning body has rejected the project.  In 2010, they said the project with it's four bus bays in the garage and small plaza was too light on the public amenities to approve because of the traffic the project would generate and the fact that the building was too tall for the neighborhood.  That Planning Commission vote was made before Wareham retracted it's agreement to clean up the toxins it should be noted.  The Transit Center project as proposed today is worse from a public benefit analysis (no complete clean up and a new grant of $4.2 million public money).

Wareham, a favored developer at City Hall, has received more than $4 million in subsidies already from the City Council to help them build their other development projects around town.  In November 2012 a generous Council OK'ed a deal with Wareham to allow the developer to bank increment taxes the project generates for 12 years even as the Transit Center uses city services.
The $4.2 million in left over Redevelopment funds the Council earmarked for Wareham and the Transit Center is money the City could have applied to other proposed public projects in town including the moribund South Bayfront Bike/Pedestrian Bridge now starving for money and dying for lack of it.

The Council is expected to vote soon, one last time, to give the final OK for the Transit Center.

Breaking News: Emery School Superintendent to Step Down

Debbra Lindo Throws in the Towel 

Emery Unified School District's embattled Superintendent of the Schools Debbra Lindo has agreed to retire, clearing a major point of contention between the School Board and the teachers it was announced today.  The announcement caps a year and a half of antagonism between the Board and the teachers that has made a mockery the Emery School District's oft repeated slogan "we create a sense of family".  The bad blood began shortly after the Board hired Ms Lindo when 93% of the teachers released their 'Teachers Resolution', a damning litany of abuses piled on the teachers by the new superintendent.  The Board dug in their heels in response and wrote a resolution of their own; essentially an obscene hand gesture to the teachers, expressing full confidence in the superintendent.  Today's dramatic announcement promises to reset the dysfunctional dynamic between the Board and the teachers at Emery.

Here is the text of Ms Lindo's press release:

Superintendent of Emery Unified School District Announces Retirement

Dr. Debbra Lindo, Superintendent of the Emery Unified School District, announces her retirement effective June 30, 2014 after almost forty years in education. Lindo announced Wednesday night that she will retire at the end of the school year saying "I am announcing my retirement now to give the board enough time to analyze its option regarding my replacement."

"It has been a privilege and honor to serve the EUSD family. In many ways, this has been my second home and I thank you all for the opportunity to shepherd our students through this stage of their educational development. I greatly appreciate the opportunity the Board gave me to lead EUSD and will support the Board and staff to ensure a smooth transition. Over the next seven months I will continue to focus on engaging the schools and community in the development of our Local Control Accountability Plan (LCAP), the rollout of the new Common Core Standards and Smarter Balance Assessments, and begin construction of Phase I of the Emeryville Center of Community Life (ECCL).

Dr. Lindo also remarks, " I want our exceptionally talented staff to know how much I appreciate them and their devotion to the students of EUSD. I know our students will continue to thrive because of you. I, too, want to thank the City of Emeryville who truly embodies the district's slogan, Partners Power Student Success. Emeryville is a very special community. With our bold and ambitious full service community schools vision, ECCL is well positioned to become a beacon in the region. We have a philanthropic business community that consistently supports our school's programs and I am grateful to have had the opportunity to serve this terrific community."

President of the EUSD school Board, Melodi Dice said, “Being an educator has not just been a job but a calling for Dr. Lindo. From day one she focused on doing what was right for each and every student by helping to stabilize the fiscal health of the school district and align resources to support teachers in creating the conditions for EUSD students to thrive.”

• Dr. Lindo started her career in the mid 1970s as an English teacher and art teacher in San Diego. Later she worked for the San Ramon Valley Unified School District where she taught English and social studies for 15 years. She began her administrative career in 1992 and has served as assistant principal, principal, director, assistant superintendent, VP of Ed Services for a software company and CEO of a national non profit, College Track, before arriving in EUSD. During her time in EUSD, she received the 2013 award of distinction from the California Association of African American Superintendent and Administrators (CAAASA) , was appointed to State Board of Governors for the Association of California School Administrators (ACSA) and was appointed by State Superintendent, Tom Torlakson, to serve as co-chair and co-author of the Greatness by Design Educator Excellence Task Force’s Leadership and Career Development sub-committee.

"As the first in my family to graduate from college, I understand greatly the importance of an education." Public education is the great equalizer in a free and democratic society and the social policies that governing bodies create can critically impact the lives of students and families. I look forward to passing the baton to the next leader of EUSD who will work with teachers, board, staff and the City of Emeryville to build upon the positive momentum that has been made with our full service community schools initiative. It has been great working for a school community that so values it most important asset-children."

Developer Shops the Sherwin Williams Residential Housing Project Around Town

Emeryville's Last Chance to Get it Right

Opinion
As the developer for the Sherwin Williams site at Horton and Sherwin Street, Oakland's SRM Ernst Development Partners, goes through the paces to get their mostly residential project approved, a track well worn by many other developers in recent years, Emeryville residents would do well this time to get more involved in the process.  We say this because by adding perhaps 1000 new residents to our small city, not only will this project be extremely consequential as to the long term livability of Emeryville, so too this site promises to be the last large development for at least a generation to come, what with all our new residential techie loft buildings sprung up chock-a-block over the last 15 years.  Such are the consequences of a former manufacturing hub filled with rusting factories and warehouses seizing a rare opportunity and rapidly remaking an entire city as Emeryville has done (for better or worse).
With a finite amount of land available, Emeryville's frenzied transformation into a land 'o lofts and a warren of anonymous shopping malls was bound to come to an end.  We're now at that end.  We're just about all developed up.

Well, maybe not the Earth...
but certainly a huge chunk
of Emeryville.

The transformation hasn't been without negative consequences, not the least of which is the stultifying domain one gets when one frantically caters to so specific a demographic as Emeryville has: the 30-40 year old techie commuting to San Francisco.  This housing type, preferred by developers, has produced hundreds of copies of the Emeryville magnum opus: the loft condo (even though that word loft is beginning to get a little long in the tooth).   Today's particular market has put a slight twist on the formula.  Now it's going to be all rental all the time.  And that's what it's going to be at Sherwin Williams the developer tells us.  Anything else won't pencil out you understand.

But the developer hasn't been focusing on the residential part of the project at the community meetings even though its almost all residential.  Instead the development team has been mixing it up at these meetings, bringing an air of excitement..... there's going to be retail too..... and they want our input.  They want what we want they're telling us.  We're supposed to dream big about what kind of locally serving retail shops we want.  The problem, of course, is we've already seen this show...it doesn't end well for us.  We've seen too many developers simply mollify potential neighbor critics to their projects with retail fantasy wish lists only to have them not materialize after the project gets built.  Care for a mattress chain store instead?  But the Sherwin Williams developer team seems so nice in their presentations.  Maybe this time it'll be different.

The site being last large piece of fallow land left in Emeryville, SRM Ernst admits the Sherwin Williams project will hugely impact our town.  In fact, they're downright giddy about it: they're building us a "town center" (towne centre perhaps?) they tell us.  That's funny because we already have two town centers; the East Bay Bridge Mall and the Bay Street Mall.  Both those respective developers (Catellus Development and Madison Marquette Development) said the same thing; their project would be Emeryville's "town center".  Maybe Emeryville will be henceforth known as the town with three developer built towne centres all competing with each other leaving no center at all.

Fill in "More Cars" and you won't be disappointed

Letter to the Tattler: Scott Donahue

Concerns About the Sherwin Williams Development 

Dear Neighbors, 

I have attended three community presentations about the Sherwin-Williams development site.  What the developer is proposing is a mostly residential community with some office space and a small amount of retail.

The developer has an approach that is clear in its intent: high density rental residential.  They seem to feel their proposed project will get approved as is.  If you would like to see something else, now is the time to express your opinions – lean on your planning commissioners and council members and show up on Thursday night, the Planning Commission study session on this project.

One unquestioned assumption the developer seems to have is a density of about 80 units per acre is acceptable for this site.  However the state of California in their rulings about the rights of property owners says 30 units per acre are enough to assuage property rights concerns.  If the developer offers affordable units perhaps the state would say 40 units by right.

Residents of Emeryville expressed their concern at community meetings with the high density of the current design and how the site is inaccessible from two sides because of the railroad tracks to the west and City/Novartis property to the north.

The other assumption the developer has is the relative location of the massing of buildings.  Residents have talked about the problems of wind with the developer preferred configuration, as well as the lack of cross streets in the proposed extra long parcels. 

If you are a fan of urban living and like the high density, it could be arranged differently on the site. The residents of the 1500 Park Street building (to the south of the project site) might like more density in the northern portion of the proposed Sherwin Williams development as a bargaining chip.  The rest of the site could be more pedestrian friendly.

If we as neighbors make our opinions known this Thursday night at the Planning Commission study session at City Hall, it might make a positive difference for the neighborhood.

Scott Donahue
1420 45th Street



Scott Donahue is an artist living and working in Emeryville since 1977.  His sculptures appear on Hollis Street's PG&E building, inside the council chambers at City Hall, on the Berkeley pedestrian/bike bridge across I-80 at University Avenue and elsewhere around the Bay Area in private and public collections.  Mr Donahue has served on many municipal committees at City Hall and he currently sits on the Pedestrian/Bicycle Advisory Committee.  Scott is the brother of Tattler editor Brian Donahue. 

RULE Meeting

Residents United for a Livable Emeryville

Next regular meeting:  Saturday, Oct. 26

10:00 - 12:00
5514 Doyle St., Community Room, 1st floor

Facilitator:  Ruth Major
Agenda:

Rachel Bryan of the electrical workers union IBEW LU 595 will be our guest to discuss possible coordination on the Sherwin Williams development

Open Government Initiative:  final decisions about our sponsorship of this project

Bring breakfast snacks
Coffee and tea provided.  Come and meet your progressive neighbors and help make your city grow in a good way!
For more information contact Judy Timmel, 510-601-6521 or reply to this email 

Emery Teachers Scuttle Superintendant Liaison Meetings Indefinitely

Emery Teachers Break Off Talks 

With Superintendent & District 

The Emery School District's frosty relationship with its teachers just got a little colder.
School teacher representative Dawn Turner told the School Board last month the teachers had collectively decided to end talks meant to resolve emerging problems with the Superintendent of the Schools and the District.  It marks the latest step a frustrated Emery Teachers Association has taken after more than a year of discontent with the Emery Unified School District and Superintendent Debbra Lindo.  
Emery Teachers Association President Turner told an indifferent School Board they will "suspend the Liaison Committee until further notice."
Ms Turner added, "If we continue it this year it will give you the false impression that all is well and we don't care to give you that impression.  We want you to understand we are experiencing problems."

The Liaison Committee was intended to serve as a forum to hash out problems between teachers and the District before the issues spiraled out of control but after the School Board ignored the teacher's request for intervention with a recalcitrant Superintendent Lindo last year, the teachers have been feeling disrespected and ignored according to a teacher.  The teacher who spoke to the Tattler but wished to remain anonymous fearing possible District reprisals, condemned the School Board's inaction after last year's Teachers Resolution as a tipping point in District/teacher relations.

Representative Turner summed it up, "We feel in the past, in previous years and past administrations, it [the Liaison Committee] was always very productive" recalling the better days before the School Board hired Superintendent Lindo.  "We don't want to provide lip service to these issues.  We want them addressed, resolved like they've been in the past" she added.

You Tube video courtesy of the Emeryville Property Owners Association

Governor Brown Signs Law Making Emery School Financing Illegal

Governor Brown signed a bill Wednesday, now law, that forbids school districts across California from abusing taxpayers via capital appreciation school construction bonds (CABs), the same type of bond financing Emery Unified School District recently approved for the Center of Community Life.  The School Board at Emery worked feverishly to get its CAB financing locked in before the new law took effect.  
The Board wished to close the popular Anna Yates Elementary School and move the children over to the new school site on San Pablo Avenue but because Emeryville's Assessed Valuation had sunk during the recession, it was only possible for the School District to borrow $48 million (not including interest) by normal bond financing.  That amount was enough to build a new high school but not a new elementary school as well.  Emery turned to Capital Appreciation financing to build a new elementary school for an extra $70 million paid over 32 years.  
The School Board's CAB financing, if attempted today, would be illegal.  Since the School Board got its CAB sold just under the wire, two generations of Emeryville taxpayers will be paying back this debt at onerous interest.  Emeryville as it turns out, has the dubious distinction of being among the last taxpayers statewide saddled with CAB financing.
From the Oakland Tribune:

Brown signs law prevents schools from incurring huge bond debt

By Sharon Noguchi snoguchi@mercurynews.com

POSTED:   10/02/2013 01:01:46 PM PDT | UPDATED:   ABOUT 4 HOURS AGO

A law signed Wednesday by Gov. Jerry Brown will prevent school districts from issuing ultra-long-term bonds that saddle taxpayers with huge repayment debt.

AB 182 restricts schools and community college districts in issuing capital appreciation bonds, which can delay repayment for decades and can require huge balloon payments 30 or 40 years later.

The new law, authored by Assemblywoman Joan Buchanan, D-Alamo, limits total debt service to four times the principal, limits the duration to 25 years and requires that deals permit early repayment on bonds that mature after 10 years.

The law also requires schools to disclose terms and costs of capital appreciation bonds, known as CABs; how costs compare to the cost of regular bonds and the repayment ratio.

The Santa Clara County Civil Grand Jury has criticized districts for burdening taxpayers with those bonds. The Luther Burbank School District in San Jose, for example, raised $7.5 million through four capital appreciation bonds that will cost more than $40 million to pay off.

Attorney General Bill Lockyer said the new law "ensures school districts no longer can heap outrageous debt burdens on the backs of future generations of taxpayers."

-- Sharon Noguchi, staff