Around Santa Clara Becomes Observeris and What Happened to Santa Clara's Downtown

I've decided to bring back my blog, but without necessarily focusing on Santa Clara. I might expand on the subjects I write about in the Santa Clara Weekly, or create links to related articles, but by and large this will be more free-ranging. I will also republish pieces that I've written for other websites that are now gone.

However to start off,  I'd like to republish a piece I did in 2008 for the Weekly about Santa Clara's lost downtown when Yet-Another-Plan-For-Downtown-Revitalization was on the table. Like all that  preceded it, that plan never got off the ground.

At last Tuesday's City Council meeting discussing Irvine's proposed Mission Town Center  at Benton and El Camino -- part of the pre-1960 downtown and currently home to aging warehouses -- a number of people mentioned they didn't know if Santa Clara ever had a downtown or what happened to it.

Irvine's proposal is the latest of many proposed to help rescue Santa Clara's historical center from continuing to be the dingy afterthought it is. With SiliconSage's Downtown Gateway under construction and Santa Clara University's proposal for a pedestrian mall on Franklin St., Irvine's project has a chance of not following other downtown revitalization plans into the dustbin of history.

But for any plan to succeed, and to have intelligent commentary on it, you have to know the history. Otherwise, we risk making the same delusional errors that doomed downtown in the first place. And if another 50 years go by, the Historical & Landmarks Commission might be talking about preserving the historic charm of the turn-of-the-21st-century El Camino.

I want to acknowledge Mary Hanel, now-retired head of Santa Clara City Library's Heritage Pavilion, without whom I would still be researching this story. Her vast knowledge of Santa Clara's local history resources was invaluable.

Downtown Santa Clara: Why There’s No There, There

With the success of the historic areas like Campbell’s downtown strip and the “faux” downtown of Santana Row, many regret that Santa Clara has no similar draw. But before we race to fix today’s perceived problem, history offers a cautionary tale for contemporary engineers of public space.

It’s the old story of good intentions gone awry. Santa Clara’s downtown fell victim to something intended to save it: the post-war urban renewal movement.

Urban Renewal: Post War Sign of the Times

The modern urban renewal movement began in the 19^th century Paris, slum areas and twisting narrow medieval streets were demolished and replaced with new neighborhoods, plazas, traffic circles, and broad, tree-lined boulevards that are still a Paris hallmark.

Fast forward to the U.S. in the 1930s.

Influenced by Robert Moses who drove development of highways, parks and low-income housing in New York City, the federal government passed the 1937 Housing Act, designed to develop housing in low-income areas.

The law provided money to municipal governments to build new housing but required that slum housing be demolished prior to new construction.

After WWII, wholesale demolition picked up steam with the 1949 Housing Act, providing provided generous grants for slum clearance. Entire neighborhoods were torn down in anticipation of new, tax-generating developments.

It was against this backdrop, and the “newer is better” postwar mindset, that the idea of redeveloping Santa Clara’s downtown took root.

Santa Clara's “Bright New Future”

Redevelopment of Santa Clara's downtown was first proposed in 1958 by then City Manager Lloyd Brady, according to the late former Mayor and Council Member Frank Barcells. “He was the instigator,” Barcells recalled in 2008.

The proposal was headlined as “Franklin Facelifting Plan Filed” in the Jan. 2, 1958 Santa Clara Journal. A perfect example of the thinking of the period, the article reflected no doubts about the soundness of the idea.

“Action to obtain federal assistance in a plan to remedy blight conditions of the Franklin street business section…was taken last week when Santa Clara City Manager Lloyd Brady and City Planner William Loretta filed the city’s application for government funds under the Urban Housing Act of 1954,” the Journal reported. “The proposal is to rehabilitate a section of the blighted area and reverse its ‘creeping’ effect from spreading to other areas.”

Planners anticipated $1.3 million in federal matching funds for demolition and reconstruction of what one contemporary promotional piece described as “the threshold of a bright new future.”

Redevelopment director Karl Pearman, in a1960 interview with the San Jose Evening News, described Santa Clara's future downtown as “old Mission atmosphere with a modern touch…flowered walkways about modern arcade-style shops.

“A farmer’s market with gay umbrella-covered tables…perhaps even muted music coming through dozens of hidden microphones…public benches along the streets…upholstered with in waterproof plastic for colorful décor.”

The consulting firm Wilsey & Ham went further, predicting that the area “will be rebuilt someday to be the place of history, pageantry, art galleries, libraries, coffee houses, museums and concert halls.”

The original plan encompassed 64 blocks from the Carmelite Monastery on Lincoln St. to the train tacks behind Santa Clara University, and from Bellomy Ave. to El Camino. The plan included a pedestrian shopping mall as well as high-density housing.

When the federal government objected to the plan as too ambitious, it was scaled back into three phases.

 A 6-1 Vote for the Wrecking Ball

Despite fierce public debate, on Sept. 29, 1960 the City Council voted 6-1 to approve the Santa Clara downtown “Urban Renewal Plan “after a stormy session that came close to bedlam,” Dick Cox wrote in Sept. 30, 1960 Mercury News report.

“The motion for approval was made by Councilman James Viso,” Cox wrote. “He stated… ‘I know from the bottom of my heart that urban Renewal is the salvation of this community.’” Viso was later to change his mind.

The near-arrest of Bill Wilson Jr., of Wilson’s Bakery on Franklin St., an outspoken redevelopment opponent, was the climax of the meeting. 

Notified that his allotted three minutes was up, Wilson replied, “I’ll speak three minutes for someone who doesn’t want to talk,” Cox reported. “When two police detectives took him by the arm he started to take hold of the microphone, then shrugged and stepped aside.” Half the audience walked out with Wilson.

In the vote, Austin Warburton was the sole dissenter. Favoring the plan were Mayor Al Levin, and Council Members Jim Viso, Robert Simons, Maurice Dullea, Joseph Rebeiro, and Matt Talia.

And in February 1965, Santa Clara fixtures like the Franck Building (ca. 1900) and Pereira’s Men’s Store Building (ca. 1920) and Wade’s Mission Pharmacy fell victim to the wrecking ball. Later that year William Wilson Sr. and Austen Warburton were the first purchasers of parcels in what was to become the Franklin Mall.

Original business owners, with the exception of Wilson’s Bakery, didn’t come back.

Although owners received market prices for their property, the size of the new parcels put a return to downtown economically out of reach for most, according to Frank Barcells, who was among the purchasers of the phase one development. “I wanted to see the city subdivide each piece into small parcels. Those people couldn’t afford to buy all that land. They just went out of business or they left.”

Failed Expectations

By the end of the 1960s, the tide turned against urban renewal. In 1969, led by Frank Barcells and Larry Fargher, Council voted 4-3 to shut down the redevelopment agency. Council Member William Kiely commented at the time that it represented a $5 million vote for Santa Clara taxpayers.

But the city couldn’t shut the door on problems spawned by the project.

Phase two plans stalled as financially-troubled Realtech, contracted in 1970 to develop the property over five years, failed to perform and fell behind on taxes and rent.

After the City Council fired Realtech and regained title to the land in 1977, no developers were interested in the Santa Clara project.

“No one was prepared to do the work,” former Planning Director Geoff Goodfellow said in a Jan. 9, 1987 Santa Clara American story. “No developer was willing to put the funds together.” The area was zoned commercial and population didn’t justify an exclusively commercial center. The only way to get developers interested was to rezone for residential building.

Plans circulated for high-rise luxury condos and office buildings, supermarkets and shopping centers. All of them come to nothing and dust continued to blow over the empty 7.6-acre lot, now a public eyesore.

In 1978, former Council Member Jim Viso offered about $600,000 for a six-acre parcel with a plan that included office buildings, commercial space and racquetball courts.  At the time Viso described his investment as an attempt to make amends for a bad decision back in the 1950s.

“I feel I have a responsibility for this project,” Viso said in a July 18, 1978 Santa Clara Sun story. “I don’t consider myself just another developer. I grew up in Santa Clara and feel a deep commitment to it.”

Viso was unable to interest any businesses in the development. In the early 1980s, Prometheus Development came forward with a proposal to build condominiums on the land. Initially rejected, in Council later voted 3-1 in 1985 to approve the developer’s plan.

Viso sold the land to Prometheus in 1985 at a profit and some felt that he took unfair advantage of his position. “Why didn’t somebody else buy it if it was such a great deal,” Viso replied in a Jan. 9, 1987 Santa Clara American story. “It was a gamble.”

Some area homeowners opposed the development. They feared the neighborhood would suffer if a large number of renters moved in, Old Quad Homeowners Association vice president Shirley Odou said at the time.

After a quarter century of politicking, in 1987 Prometheus began construction of 193 condo units, 

Was Downtown Really “blighted”?

Blight, like beauty, is often in the eye of the beholder.

One contemporary observer was former City Manager Don Von Raesfeld, then director of Public Works and Utilities. Many downtown buildings were in bad shape, he told Ronald Campbell in a 1974 interview.   

“When urban renewal was started…the buildings in the downtown area for the most part were badly deteriorated, lacking in public parking facilities. They were low-expense type of business operations and the city would eventually have been confronted with forcing the owners to have them torn down and rebuilt.

“Some of those people would have been incapable of doing that,” Raesfeld continued, “and if the city hadn’t done that, the downtown would have continued to deteriorate to where it would have been nothing. Lots of people would have lost their life-long savings, or been unable to retire out of them.”

Barcells disagreed with Von Raesfeld’s assessment.

“All the building owners had to do was clean up the buildings and bring them up to code,” he said. “I thought it would be feasible for them to bring their own buildings up to code. That’s what they did in Los Gatos and Campbell, and they’re still there. That’s what Santa Clara should have done.”

Even before the first building fell, a National Real Estate Board group suggested “re-study” because the project was not geographically suited for a major regional business center. “Blight is at a minimum,” said Edward Hustace in a Feb. 26, 1964 Santa Clara Journal story. “Bootstrap operations of self rehabilitations [could] cure most.”

DGS Needs to Stop Acting Like It's Running a REIT

I went to elementary school in the 1950s, when fears of "creeping communism" colored everything. Yet, despite worries about communists insinuating Marxist ideas in My Weekly Readit was an uncontroversial proposition that communities should spend money to do and build things that were in the public interest. And part of that public interest was schools. If you look at city plans from the post-WWII era, you'll see land designated for things like schools, parks, libraries and even churches.

Yeah, I know: Land was worth less and there was more of it available. But the very point of such planning was that the future was unknown. Planning and zoning were ways communities could ensure that long term hopes and needs didn't fall victim to short-term problems and short-sighted officials.

Today this has become a radical idea, where public programs are castigated as "creeping socialism" and cities are always on the lookout for handouts from private developers to fund public infrastructure.

So perhaps its no surprise that many of the very people that we -- voters -- hire to do the detail work of planning and managing our physical and social civic infrastructure, act like their responsibility begins and ends not with public welfare, but with delivering the biggest cash returns. This is the job of a hedge fund manager, but not, I think, of a public official.

The Northside library debacle is one example, where Santa Clara County officials are, in effect, holding the library hostage for a $19 million ransom.

But an even richer example is the Agnews East property, the perfect site for schools to serve Silicon Valley's fast-growing Golden Triangle. In this case, the state Department of General Services seems hell-bent on taking advantage of the recent real estate boomlet to milk those 81 acres for every penny it can get, and the devil (in this case school children) take the hindmost. (Perhaps the state figures some private school operator will come in to pick up the slack.)

However, the Agnews land question has brought together Santa Clara and San Jose residents and officials to support new schools on that land. And today Invest in Santa Clara Schools launched an online petition drive to make sure that state officials know that voters don't think that public land should be managed like a real estate investment trust.

Remember BAREC? Whether or not you agree that with the final development agreement on the land, the deal was made, as the Metro reported at the time, by then Governor Gray Davis and the UC Board of Regents without public discussion. It was a backroom deal that State Senator John Vasconcellos castigated in a 2000 letter.

"As you may recall," he wrote to Davis in 2000 concerning the UC's decision to revert the agriculatural research station property to the State, "this decision was made singularly between your administration and the University of California, and slipped into the budget without any advance notification to either the public or us. This is an abominable process. We hope that you, your administration and the UC, will pledge never again to undertake such a surreptitious action."

Remember Gray Davis? There's a guy who learned about blowback the hard way. 

Wednesday Santa Clara Study Session on Citizen Participation in Sports Complex Visioning

At a recent Santa Clara City Council meeting, City Manager Julio Fuentes spoke about the need  connecting citizens to the city's long-term planning at an early stage. It's a challenge as many know. The minute that city officials say "maybe we should" or "what if," the rumor mill goes into overdrive and by day's end slogan-bearing tee shirts are being printed. 

However, in the hope that more early discussion will help build public trust, this Wednesday at 4:30 the City Council's goal-setting sub-committee is holding a study session about the ways residents can participate in the research and  recommendations for a new Santa Clara sports park complex. Find the agenda here. The meeting is at the Council conference room, adjacent to the Council Chamber. 

The discussion was triggered by the brouhaha created when the Council began talking, at a September study session, about moving the 10 year-old Santa Clara Youth Soccer Park from its present location side-by-side with Santa Clara's new Levi's Stadium. The Council has said that no decisions have been made. You an watch the Council meeting here and selecting agenda item 5.c. 

Judge Rules: Dissolution Law Did Not Invalidate The Stadium Agreements

"Before redevelopment agencies were dissolved, the Forty Niners contracted with the City of Santa Clara's Stadium Authority and redevelopment agency to finance construction of a new stadium to be owned by the City and used by the Forty Niners. Do those contracts survive dissolution of the redevelopment agencies? The court concludes they do."

Read Judge Alan Sumner's ruling at https://services.saccourt.ca.gov/publicdms/Search.aspx and search for case # 34-2012-80001192. 

First Look at Santa Clara's Super Bowl Bid

Tuesday night Santa Clarans get their first look at what cities are expected to ante up for a Super Bowl bid. The City Council called a special meeting for Tuesday night to adopt a series of resolutions about government services – especially public safety – and tax and fee exemptions for the NFL during a Super Bowl.

Basically, the City of Santa Clara will the provide government services – including public safety, fire, emergency medical services to support the Super Bowl and related events held in Santa Clara at no cost to the NFL or to the teams playing in the Super Bowl. Instead, the San Francisco Super Bowl committee will reimburse Santa Clara for these costs – paying the city for pre-event services within 60 days of invoicing, and 50 percent of the anticipated Super Bowl event costs 30 days before the game.

Other accommodations concern city taxes and fees. One is that employees of the NFL and their affiliates will be exempt from Santa Clara hotel taxes and parking permit fees -- the estimate is this applies to around 350 people. The other is that Super Bowl tickets will be exempt from the Santa Clara's $0.35 per ticket surcharge. This is capped at $250,000 and the city estimates that most of that will be collected from regular season games.

The Council is working from estimates that a Super Bowl carries with it an economic boost for a region of $300 million. This is likely based on a Williams College study of Super Bowl economic impacts from 1970 to 2001, which posited the $300 million as the best case. The study also cautioned against confusing gross returns with net returns. 

The New Orleans Super Bowl Host Committee reported $434 million in total overall economic activity tied to the 2013 Super Bowl, according to a report in New Orleans Times Picayune. The question is, of course: How much of that activity will be in the City of Santa Clara -- or even in Santa Clara County? San Francisco clearly anticipates that it's going to get a big boost. 

All this being said, a Super Bowl would be a tremendous boost for Santa Clara both in terms of civic prestige and city visibility. These are intangibles whose effects cannot be measured in the short term, yet pay dividends for the city decade after decade in many ways. 

Here's a link to read the agenda report and the text of the resolutions.

Safe Routes to School for The Other Santa Clara School District (TOSCSD)

What's it like being part of The Other Santa Clara school districts (TOSCSD) -- i.e. Campbell and Cupertino? Well, here's an example. VTA, Santa Clara Unified School District and the City are sponsoring a "Safe Routes to School" poster contest.

For SCUSD students. I'm sure that no one meant to exclude anyone. And if you brought it up, I'm sure that someone would try to include TOSCSD. It's that it looks like nobody designing this program even thought about TOSCSD.

Children from the West Pruneridge neighborhood have to negotiate very unsafe routes to school. How many SCUSD children have to cross San Tomas Expressway, Stevens Creek Blvd, the Saratoga Ave. I-280 interchange, and I-880 all on every to school?

It's not SCUSD's fault that TOSCD isn't included. On a macro level, it's the state of California's fault for shirking the politically unpopular job of rationalizing school district boundaries.

County Board of Education Trustee Leon Beauchman is taking on this project for the county in the coming year and some of the boundaries that's going to be looked are Campbell's. (One of my readers called it "Campbell's Peculiar Institution." If you think about it, Campbell is certainly peculiar: Four-fifths of it is in other cities that have their own school districts.)

But, let's face it, we're not going to see district boundaries change in the short term.

So how about a City Council goal of pro-actively including all Santa Clara's students in city activities and programs. How? Well, how about a mailer for starters? After all, the city knows the addresses that are in those districts

What do you think?

Here's the info on the poster contest: santaclaraca.gov/Modules/ShowDocument.aspx?documentid=8478.

Santa Clara County Board of Supervisors to Santa Clara County Cities: Tough Luck

Santa Clara County Board of Supervisors President Ken Yeager is a busy man. He's got too many bicycle photo opps to get to.

Judging from his response, it seems he doesn't have have a lot of time for the whiners and complainers in the Santa Clara County Cities Association who think they're getting a raw deal from the county in the unwinding of redevelopment. In fact, he's such a busy man he doesn't have time, it seems, to find the answers to questions that county cities are raising.

Yeager's answer to the Santa Clara County Cities Association's letter about the county's aggressive asset grabs is simple: Tough luck. Any more questions? Call Deputy County Executive James Williams at (408) 299-5128.

Williams was at the last meeting of the Santa Clara RDA Successor Agency Oversight Board  explaining the county's position that Santa Clara simply needed to 'un-pay' money that had already been spent. The same meeting that Jamie Matthews called "a lot of brain damage" for  "little benefit."

Here's the county's reply to Cities Association:

Santa Clara Cities Association Tells County: RDA Actions Aggressive, Partisan and Costly

A couple of weeks ago the Santa Clara County Cities Association sent a letter to the County Bpard of Supervisors about what amounts to their dereliction of duty in the unfolding RDA dissolution debacle. To what the cities say, we would only add that it seems reasonable to ask that the Board of Supervisors give at least as much attention to hundreds of millions in public investments as they do to George Shirakawa's now-notorious expense reports.

Here's the letter in its entirety (five pages):

Contentious School Board Meetings Yield Higher Attendance, Plus a Vocabulary Lesson

Every cloud has a silver lining. Even the contentiousness that has characterized Santa Clara Unified School District Board meetings since the new board was seated in December -- although that may be hard to believe for those unfortunate enough to have endured those marathon meetings. 

The upside is that that many more people are attending board meetings and actively participating. And that, after all is what democracy is all about.

Another upside is that the community is getting to know some people, who are clearly articulate and informed about education, and, refreshingly, aren't connected with the usual suspects in Santa Clara politics. 

Let's hope that some of them come forward to run for Santa Clara Unified school board in 2014. Who knows, we may even see a new face from the South of Forest neighborhood if that area is successful in its fight to rationalize* district boundaries in this town. 

*Per Merriam-Webster, there are several meanings for the verb 'rationalize' besides "providing plausible but untrue reasons for conduct." These include: 

• To bring into accord with reason 
• To apply the principles of scientific management for a desired result
• To substitute a natural for a supernatural explanation
• To free from irrational parts (mathematical)

It seems to me that all of these apply to California's crazy quilt of school districts. They defy reason, are extremely costly and inefficient, are zealously defended by the High Priests of the Status Quo as divine directives, and need to be purged of irrelevant baggage that obstructs proper decision-making. 

SCUSD Online Accessibility: Let's Crowdsource It

Last night at the SCUSD board meeting there was a discussion about online access to board information including district policies and procedures, meeting agendas and reports, minutes, meeting recordings and -- in the future -- meeting video recording.

Now I know that it's more congenial to journalists to be part of the problem than to be part of the solution.

(To release my inner snark, I will only say that last night's conversation illustrated Everett Dirkson's remark that the length of governing body's discussion is inversely proportional to the amoung of money involved. So because actually doing any of this would represent less than .001 percent of the district's budget, needless to say, more time was spent discussing the few thousand dollars involved than on last week's district financial report.)

But sometimes journalists find themselves in a unique position to solve problems, because they're outsiders. So here's the idea; let's crowdsource this job. I was introduced to crowdsourcing for public projects many years ago by the U.S.'s first CTO, Aneesh Chopra, thanks to the an event put on by TiE Silicon Valley. If the federal government can do it, we can too.

Rather than tell you all about it, you can check into ChallengePost.com. I've submitted the project as a "challenge" and will report here on future developments. In the meantime, if you have ideas, just post a comment here.

I know Santa Clara can do it -- we're the heart of Silicon Valley after all.

ON TAP FOR THE BOARD: Bond Updates, a New Superintendent, and Public Access

On Tap for the Board is a short summary of what you can expect at the next regular meeting of the Santa Clara Unified School District's Board of Trustees

DETAILS: 

January 10, 2013 at the District Office Board Room, 1889 Lawrence Rd.  Santa Clara, CA 95051

Call to Order – 5:30 pm; Open Session – 6:30 pm

RECAP:

Following a marathon 7 hour meeting last December 13^th, which featured the swearing  in of two newly elected Board members and ended with the announced retirement of the District Superintendent, and two special meetings called on short notice on the 18^th and 19^th, tensions on the Board and between Board and District Staff have rarely been higher.  The December 13^th meeting ushered in a new Board majority, consisting of newly selected Board President Christine Koltermann, Ina Bendis, and two new trustees: Michelle Ryan and Chris Stampolis, who survived substantial opposition to handily win his seat.

Following the meeting, marked by disagreement and occasional outright hostility between members of the new majority and the rest of the Board and Staff, Superintendent Bobbie Plough announced her retirement, effective this June, citing family issues.  The December 18^th special meeting was found to be in error due to mistakes in the announced agenda, preventing any board action – which did not stop the meeting for lasting over an hour, picking up on the 19^th with a contentious discussion over beginning the search for a new superintendent.

ITEMS OF NOTE:

(To view the full agenda, visit the District's website here)

As has become practice, expect another long meeting of the Santa Clara Unified School District Board of Trustees this Thursday.  Reports are expected from the Citizen Oversight Committees for the Measure J and Measure H Bond Measures.  Expected to draw longer discussion is item G.7., which will cover the approval of reference checking and further board action on the hiring of a search firm to find candidates to replace the retiring superintendent.  Given the extensive time previously spent on this normally simple matter, expect this item to draw Board and public input.

Finally, several topics concerning public access to Board meetings and records are expected to draw substantial, if not heated, contributions from the Board and public: Item H.4. will discuss increased availability of past Board agendas and minutes on the District Website, I.2. will discuss increasing access to Board meetings after complaints from the Board and public over difficulty hearing and getting into crowded meetings, and Item I.3.  will discuss the possibility of videotaping meetings, including airing them on the public Channel 26.

OTHERWISE OF INTEREST:

The retirement of Superintendent Plough means that the board will face a very different staff come this Fall compared to that found less than a year ago.  Of the primary Staff members the Board deals with, only Assistant Superintendent for Human Resources Brad Syth remains; Assistant Superintendent of Educational Services Lisa Cesario left in May to accept a position outside the District, Assistant Superintendent for Business Services Jim Luyau recently announced his retirement, and Board Secretary Cathy Van Pernis plans to retire, after 14 years in her position, this Fall.

School Accountability Report Cards, Public Access to Meetings On the Agenda for Jan. 10 SCUSD Board Meeting

The Santa Clara Unified School District (SCUSD) has another full agenda for its first meeting of 2013.

Interim annual reports about current bond projects are on the agenda. Both bond issues – 2004's Measure J ($315 million) and 2010's Measure H ($81 million) – are for capital improvements to school facilities and both have a clean bill of health.

The district is also opening a request for bids to provide travel services for the district for the rest of the school year for multi-day field trips, athletic competitions, band performances, educational study trips, and special events.

The board will also be asked to approve hiring an Interim Assistant Superintendent, Business Services Division, Dana Taylor, at $85.00 per hour for up to 960 hours, for the remainder of the school year. This follows the retirement of the former Asst. Superintendent, Jim Luyau, after a 2012 extraordinary audit (report and analysis)  by the County Office of Education found questionable accounting practices on the part of district employees who were handling bookkeeping for two other county education agencies. Dana Taylor has experience in Moreland School District and was recommended by the Santa Clara County Office of Education.

Discussion Items:

School Accountability Report Cards (SARCs). These are detailed analyses of each school in the district, including: physical plant, materials, per-pupil spending, teacher salaries, demographics, and student performance. One observations: teacher salary and per-pupil spending doesn't predict student performance, but – no surprise – the percent of economically disadvantaged students does.

This item could be an opportunity for en encore of the Dec. 13th out-of-the-blue proposal made by Board Member Ina Bendis to make Bracher a K-6 – or K-8 – school. Making such a proposal through a routine Board Agenda, and without prior investigation or discussion is highly unusual, and provoked a tsunami of criticism from district teachers and parents, and accusations of hidden agendas and conflicts of interest. Board Member Chris Stampolis' children attend Bracher. Bendis has donated to Stampolis' political campaigns and provided him with pro bono legal advice. 

Posting Past Board Agendas and Minutes on the District Website, Video-Recording Board Meetings, proposed by Board President Christine Kolterman. There has been discussion over the years about bigger online archives, video-recording (instead of just audio-recording) and TV broadcast of board meetings. In the past the board majority ruled that the additional equipment, data storage and staff costs weren't justifiable. 

The irony here is that two sitting board members who opposed these moves lost re-election campaigns arguably because of the opacity of board proceedings. In the past, the Board kept detailed minutes of discussions. Baord Member Bendis objected, claiming that the minutes were biased, and the Board now keeps an action-only summary. 

Update from the Superintendent regarding the District's Extraordinary Audit Report: The Superintendent will present the district's 3-part plan to prevent similar abuses in the future:

·      Internal Control Structure: e.g. documentation

·      Hard Controls: signing authorities, monitoring

·      Soft Controls: social, i.e. employee roles

Public Access to Board Meetings.

Expect plenty of discussion on this topic, precipitated by the last three board meetings (Dec. 13, 18, and 19) which saw overflow crowds and audience behavior more familiar in the context of a sports competition than a school board meeting. A change of venue as well as rotating meeting locations will be discussed.

Board Members Ina Bendis and Christine Koltermann are trying to frame this as a civil rights issue on the grounds that the people who didn't get seats – some of whom may not speak English and at least one of whom was apparently disabled – were denied access to public meetings. As these meetings also were the setting for harsh criticism of the actions of the board's new majority – Bendis, Koltermann, Michele Ryan, and Stampolis – Bendis and Koltermann also allege that the their critics have suppressed other points of view by taking up all the seats.

Bendis previously set the tone for this discussion of civil rights and public decorum by referring to those who had reserved seats as an "exalted class." Over her 6-year tenure on the Board, Bendis has contributed to the lack of decorum she now bemoans with other similarly sarcastic remarks belittling other board members and district employees. She has also the subject of two harassment complaints brought against SCUSD. And last year she filed a police complaint (subsequently dismissed) against former Board Member Pat Flot, claiming that Flot had physically threatened her. Flot claims this was aimed at intimidating Flot from running for the board seat that opened up when long-time board member Don Bordenave retired.

Bendis also has claimed special privileges for herself, including speaking beyond the two-minute limit and a private office, on the grounds that she has ADHD, a disability that must legally be accommodated. Despite her ADHD, in the course of her 60+ years Bendis managed to earn a Ph.D.,, M.D.,  J.D. and admission to the California Bar.

Also under discussion

• A process for qualifying search firms for finding a new Superintendent to replace Bobbie Plough who announced her retirement following Dec. 13's chaotic, 7-hour board meeting. This makes the third time SCUSD has hired a new Superintendent in 6 years. At the Dec. 19 meeting, Bendis proposed a subcommittee appointed by Board President Koltermann to research search firms. This was voted down 6-1 by the board. 
• New instructional materials/resources for AP Foreign Language
• New editions of handwriting and literacy intervention – who guessed that penmanship was still taught in school? You certainly couldn't prove it by my son's writing.
• New Construction and Engineering Program Teacher position
• Scheduling an SCUSD Board Governance Retreat

No indication about whether there will be a report from the Stampolis and Ryan about their recent trip to China, sponsored by the Hanban Institute of the Chinese Ministry of Education. 

Don't Have a Malware Nightmare Before Christmas

This is not a Santa Clara-particular post. But it is important. There's a new e-mail phishing scam going around. And the thing about this one is that I might have gotten caught except for the fact that I have a Mac -- Windows .exe files won't run on a Mac. So even if it's downloaded, it can't install or run. 

(I'm sensitive about this because last Christmas our debit cards and passwords were stolen by a "skimmer" who sold the numbers to someone in Los Angeles. Someone who liked to shop at Juicy Couture -- a dead giveaway. If it had been Talbot's or Macy's I might not have caught on as fast.)

This latest scheme is very convincing: You get an email purportedly from the USPS or FedEx telling you that your package was undeliverable and instructing you to click on the receipt. 

Around Christmas who isn't expecting a package? 

According to Hoax-slayer.com:

"The message is not from USPS. The claim that a package delivery has failed is untrue. The message is an attempt by online criminals to trick users into downloading and installing an information stealing trojan. The link in the scam email points to a compromised website that will automatically download the malicious payload to the victim's computer. If the victim then proceeds to run the downloaded .exe file, a trojan will be installed. Typically, once installed, these trojans can steal sensitive personal information from the infected computer, make connections with remote servers operated by online criminals and download further malware components." 

Best idea? Don't click on anything 'til, like Santa Claus, you check twice to see if it's naughty or nice. 

The Empire Strikes Back

At the Dec. 13 meeting the SCUSD board of trustees, the comrades of the politburo had to hear from critics. So Ina Bendis and Christine Koltermann are taking action to remedy what they are renaming a "civil rights violation" with a "process to improve access to board meetings."

(It's curious that this agenda memo was prepared on Sunday, but the special board meeting wasn't announced until Monday -- and less then 72 hours mandated by the Brown Act and without a majority of the board voting that it was an emergency. Plus, Koltermann and Bendis apparently wrote it together, which sounds like a serial meeting.)

Bendis and Koltermann also compained about the audience decorum, saying they would like to see "role models for conduct that supports [sic] decorum and affirmatively demonstrates respect for all."

Bendis should know, as has been faithfully reported at the Santa Clara Weekly. When it comes to affirmative demonstrations of respect for all, Bendis is the how-not-to-do-it exemplar.

At a July 30, 2012 meeting she remarked, "I'd be thrilled to know which of the many groups that were solicted widely was the group in which Pat Flot was the only person who decided she wanted to serve!"

At the same meeting she also told acting chair Albert Gonzalez -- the sole Latino on the board -- that "maybe the chair [Gonzalez] would like to go out and get himself a copy of Robert's Rules,"adding that reading it required no more than a tenth grade reading level.

In March 2012 Bendis accused trustee Elise DeYoung of perjury and/or stupidity - take your pick. "She unwittingly allowed herself to be manipulated by city officials," said Bendis. "Ms. DeYoung signed two letters she knew would be conveyed with false information," and further accused the board of "secretly colluding with an adversarial party" -- i.e. the City of Santa Clara.

In 2009 she was reportedly overheard at a public event telling a congressional aid that "A mentally challenged 9th grader could do your job better."

And that's not even talking about employee harassment complaints that were filed against the district because of her and the ensuing censure by her colleagues.

Still, board meetings ought to be conducted in rooms where everyone can fit. But until recently, SCUSD's board meetings rarely drew standing room-only audiences -- something that no doubt worked to Bendis' benefit. Now that she has the spotlight, she may soon be pining for the good old days.

Here's the entire memo:

TO: Dr. Bobbie Plough, Superintendent

FROM: Dr. Christine E. Koltermann, SCUSD Board President

PREPARED BY: Dr. Christine E. Koltermann, SCUSD Board President

                               Dr. Ina K. Bendis, SCUSD Trustee

SUBMITTED: December 16, 2012

MEETING DATE: December 18, 2012 (Special Meeting) 

TITLE: Approval for the SCUSD Board of Education to initiate a process

to improve access to Board Meetings by all members of the public.

ADMINISTRATIVE SUBMISSION

The Board President has received complaints that the December 13, 2012

Regular Meeting of the SCUSD Board of Education was not equally

accessible to members of the public, including members of protected

classes. The following is a non-exhaustive list of the kinds of

complaints received.

[1] Seating in the district Board room was almost exclusively reserved

by staff for other staff members, forcing parents and other community

members to stand in the lobby and the hall.

[2] The volume and clarity of the sound system available in the lobby

and hall was insufficient to enable mew~ers of the public who could not

enter the Board room to hear the proceedings;

[3] The background noise level in the lobby and hall due to private

conversations precluded even members of the public who stood within

what normally would have been hearing distance of the speakers, to hear

the proceedings;

[4] Disabled members of the public who could not stand for long periods

of time due to their disabilities, were unable to remain long enough to

listen to the Board's discussion and exercise their right to address

the Board on matters of interest to them, because they did not have

access to the seating they required due to their disabilities;

[5] Latino members of the public who lack proficiency in English, and

whose "protected class" ethnicity comprises more than 30% of District

residents, could not understand the proceedings or contribute their

input to the Board, regardless of whether they were among the fortunate

few non-employees to achieve seating within the Board room.

[6] The repeated outbreaks of applause, hand waving and spontaneous

oral outbreaks by District employees who'd obtained preferential access

to seating in the boardroom compared to members of the public who'd

been excluded from the boardroom due to "Reserved" signs on seats,

denied the physically-excluded individuals equal access to similarly

communicate their own support for views expressed by others, outside of

the time reserved for public comment and, in addition, may have

violated Govt. Code 54957.9 and SCUSD Policy 7370. In addition to this

specific civil rights concern, the refusal of those engaging in this

conduct to cease it when requested by the Board President also

subverted the purpose of Board Policies designed to encourage parent

and community participation at Board meetings; enable the Board's

access to all points of view without minority view-holders' fear of

intimidation or embarrassment; and provide students with Employee role

models for conduct that supports decorum and affirmatively demonstrates

respect for all.

RECOMMENDATION:

The board will take action to initiate a process through which SCUSD

will ensure equal access to all individuals who wish to attend our

Board meetings, with particular attention to ensuring the civil rights

of all Constitutionally-protected classes, to creating an atmosphere of

decorum conducive to the Board carrying out its business as efficiently

as possible; and to proactively avoid an atmosphere that would tend to

suppress expression of minority views. Unless the Board chooses an

alternative approach, the President will appoint a three-Trustee task

force charged with researching the constitutional issues in play;

inviting/receiving input from parents, community members, employees,

bargaining units, and other stakeholders; and formulating an action

plan to ensure civil rights protection, for presentation to the Board

at a later meeting.

Postcards from Beijing

After a mind-blowing effort to condense a 7-hour school board meeting into less than 1200 words, I came down with a bad case of cliche-itis. Leading to this:

Why the unseemly haste to conduct non-stop SCUSD board meetings between now and Christmas? Superintendent Bobbie Plough is leaving in six months -- not six days. Although, Plough makes the 3rd -- or is it 4th? -- Superintendent to retire since Ina Bendis was elected to the Board of Trustees in 2006. (Correlations are not causes, but they do merit attention).

The reason is, according to talk around town, several members of the SCUSD board jet off for a week in China, all-expenses-paid thanks to the Chinese Hanban Institute. They're slated to return in time to ring in the new year.

We don't know if any other county educators are going along, as the COE hasn't yet returned a call asking for more information.

The invite came from the Chinese Hanban Institute. Here's the County Office of Education agenda item from a few weeks ago:

"Hanban is sponsoring a trip to China on December 21-29, 2012 and has extended an invitation to 20 educational administrators from Santa Clara County. Hanban will be covering the cost of international travel, accommodations and meals while in China. The purpose of the trip is to share educational practices. Administration recommends approval of roundtrip airfare [for board members] from the Bay Area to LAX and VISA cost."

The Hanban Institute is an arm of China's Ministry of Education. Its stated mission is promoting and enabling the teaching of Chinese languages outside China.

Hanban is part of a larger entity, the Confucious Institute, which promotes Chinese culture and Confuscian principles and world-view through international educational activities – a similar analogy would be the way the Jesuit Order promotes Catholic principles and world-view through its international educational activities. (Jesuits were active missionaries in China since Fr. Matteo Ricci landed in Macau in 1582). In fact, Belvedere College, a Jesuit secondary school in Dublin, hosts an expanding Hanban language and culture immersion program.

James Rowen suggests that we should beware of Greeks bringing gifts, labeling the trip a Manchurian Junket.

Sacramento Court Blocks County's $30 Million Santa Clara RDA Money Grab

It looks like the County isn't going to be buttering its bread with Santa Clara's $30 million.

Sacramento County Superior Court judge Lloyd Connelly granted the San Francisco 49ers' motion to block Santa Clara County from distributing disputed Santa Clara Redevelopment Agency money earmarked for stadium construction. On June 22, 2012, the Santa Clara Redevelopment Successor Agency Oversight Board voted 4-3 on an off-agenda motion to nullify the former RDA's contract with the 49ers to provide $30 million towards the Santa Clara stadium construction project.

Further, the Sacramento judge isn't buying Santa Clara County's inventive argument that contracts aren't enforceable if laws change, and is taking very seriously the Oversight Board's possible violation of California open public meeting law, the Brown Act. 

In his written decision, Judge Connelly explained that the restraining order was based on "a strong likelihood of the petitioner prevailing in this case, particularly on their Brown Act violation and contract termination claims." A hearing is set for July 27, 2012 at 1:30 p.m. and the judge said that he may rule on the merits of the case at that time.

The case, number 34-2012-80001192, can be found at can be found at www.saccourt.ca.gov. 

Santa Clara Recognized for Good Governance Leadership

Once upon a time a city clerk's role was reactive: keeping the town records. Today, it's proactive, as city clerks are increasingly asked to drive good government programs and expand public engagement with local governance. It's not an understatement to say that city clerks are town CDOs – Chief Democracy Officers.

Last month the International Institute of Municipal Clerks (IIMC) recognized Santa Clara's leadership through the California Ethics and Democracy Project (CEDP, caethicsproject.com) – which had its start in city in 2007 – and City Clerk Rod Diridon's office with the 2012 Program Excellence in Governance Award.

The award was given at the IIMC's second ethics summit, held in Santa Clara, and is the Institute's highest program honor. Among Santa Clara's achievements are its founding role in the CEDP and the organization's first summit in 2009ß. 

The California Ethics and Democracy Project (CEDP) was created to share expertise, formulate best practices, and create an educational curriculum to teach the skills necessary to implement good government efforts, according to Santa Clara City Clerk and CEDP chair Rod Diridon, Jr. 

The CEDP's accomplishments include The Municipal Clerk Decision Roadmap and 6-Way Test for insuring that programs such as voter registration drives or get-out-the-vote campaigns are executed fairly and without bias. "Santa Clara has some of the best programs in the state, they’re a solid model,” says Diridon. “This collaboration helps us to be even more effective by learning what other communities find successful.”


A version of this story was previously published in the Santa Clara Weekly.

Great Sports Writing Still Alive at Santa Clara WEEKLY

One of my favorite Santa Clara WEEKLY features is Melissa McKenzie's Quakes Corner. And I'm not a sports fan. Melissa really makes the game come alive and reminds us that even in our always-connected, multi-media, anything anywhere age there's still nothing like great sports writing!