Should Taubman be worried about its challenge of Broadway Plaza and Walnut Creek over Neiman Marcus?

UPDATE: Or rather, should Broadway Plaza owner Macerich and the City of Walnut Creek take action against Taubman Centers Inc. for its anti-Neiman Marcus efforts, in the same way that a rival mall developer and a city in Connecticut did? Of course, some would say, that Macerich and Walnut Creek brought some or all of this on themselves....What do you think?

It looks like Taubman Centers Inc. will be paying out $34 million for delaying for a year a rival developer's effort to build a shopping mall in West Hartford, Connecticut.

The Hartford Courant says that Michigan-based Taubman agreed to pay all these millions to settle a lawsuit filed after it organized and bankrolled citizen legal challenges to the construction of a new mall in West Hartford's downtown, a few miles from one of its own malls.

Sound familiar? 

Taubman, which owns Sunvalley shopping mall in Concord, organized and bankrolled citizen legal challenges and a political campaign aimed to stop retail rival Macerich, which owns Broadway Plaza, from bringing a new Neiman Marcus to downtown Walnut Creek. Taubman also hoped to bring a Neiman Marcus to San Ramon's long-planned city center. Neiman Marcus had shown interest in San Ramon, but, in the end, chose Walnut Creek instead.

In the West Hartford case, the Hartford Courant says that Taubman, "the parent company of Westfarms mall paid $34 million to the developers of Blue Back Square [in downtown West Hartford], compensation for a protracted legal battle that delayed the opening of the retail-residential complex by a year."

The story goes on to say:

The payment ... ends a lawsuit filed in 2007 by developers of the Blue Back retail-residential complex. The suit sought damages for, among other things, lost revenue, higher financing costs and increased construction expenses.


The lawsuit claimed that Taubman organized and bankrolled citizen legal challenges to Blue Back in hopes of preventing the retail rival from being built a few miles from Westfarms.


Blue Back opened in the fall of 2007, a year later than first scheduled. The opening coincided with the onset of a severe economic recession.

And another potential worry for Taubman?

A similar lawsuit filed against Taubman by the town is pending. Town officials allege that the delay resulting from Taubman-financed opposition added to the town's portion of the cost of Blue Back and resulted in lost tax revenue. The town is seeking $4.5 million in damages.

Walnut Creek voters in November overwhelmingly approved Measure I, an initiative which will allow Broadway Plaza to build a new 92,000-square-foot department store at the corner of South Main Street and Mt. Diablo Boulevard. Neiman Marcus said it intends to occupy that spot.

It was a costly battle for Macerich and Taubman--and the City of Walnut Creek. Macerich spent around $1.3 million on the Yes on I campaign, while Taubman Centers spent $700,000. The city had to fork out money for the special election, plus the staff costs and time associated with addressing the legal challenges.

Could the Neiman Marcus battle really, truly, finally be over?

After a resounding defeat in the November 3 election, opponents of plans to expand Broadway Plaza with a new 92,000-square-foot department store have droppped their lawsuit against the city.

The Contra Costa Times Elisabeth Nardi reports that plaintiffs Ed Dimmick, Ann Hinshaw, and Selma King asked a Contra Costa County Superior Court judge to dismiss their lawsuit, which claimed that the environmental impact report for the proposed Neiman Marcus failed to properly analyze the traffic and parking effects of the project.

Although 71 percent of Walnut Creek voters said "yes" to Measure I, allowing the new department store project to go forward, I wondered, and perhaps some others did, too, whether these election results really signaled the end of this long, ugly, costly civic battle.

Dimmick, Hinshaw, and King had proven themselves to be pretty feisty opponents to this project, and they had the deep-pocket financial backing of Taubman Centers, the owners of Sunvalley shopping mall. Surely, I thought, there would be another legal challenge to the project in their--and our--future.

Well, the Times says this request to dismiss the lawsuit means that "the last remaining stand" against Neiman Marcus has "disappeared." King acknowledged that "there isn't anything else we can do." She also patted herself and her co-plaintiffs on the back: "We fought a good fight as best as we could."

But ... the plaintiffs asked that the suit be dismissed "without prejudice"--which doesn't stop the plaintiffs from filing again in the future, if, as King said, "anything comes up at all that's going in the opposite direction (of what was approved)."

Walnut Creek voters say "yes" to Neiman Marcus

Well, officially, Walnut Creek voters said "yes" to a new 92,000-square-foot department store in Broadway Plaza at the corner of South Main Street and Mt. Diablo Boulevard. Luxury retailer Neiman Marcus has said it fully intends to occupy that spot.

With all precincts reporting, 71 percent of the 21,398 Walnut Creek voters casting ballots, said "yes" to Measure I--the Broadway extension measure. Nearly 29 percent said "no."

It's been a costly battle for the two developers on either side of Measure I--to the tune of around $2 million combined. Broadway Mall owner Macerich spent around $1.3 million on the Yes on I campaign, while Taubman Centers, which owns Concord's Sunvalley Mall and had hoped to develop a Neiman Marcus in San Ramon, spent $700,000.

So, it looks like Neiman Marcus will be coming to town.

Really? Truly? Could this whole brouhaha finally be over? Will slow-growth advocates who opposed the new Broadway Plaza department store, as well as Taubman, challenge the results of the election in court? One city official I talked to wondered if the election would truly settle this battle, especially if the No on I side loses. Taubman has been known, in other communities, to dig in for a long time and spend lots of money to assert its will.

Well, one No on I leader seemed resigned to accept the results of Tuesday's election. Selma King told the Contra Costa Times that she was ready for election day and for the campaign to be over. "I have lost more elections then I have won," King said. "I am able to say that we did the best we could."

Walnut Creek's pro-Neiman Marcus Measure I leading so far

In early results, the Contra Costa County elections division shows that Measure I, which would allow Broadway Plaza to bring a new 92,000-square-foot department store into downtown Walnut Creek, is receiving a 70 percent favorable approval. With three of 26 precincts reporting, 70 percent of Walnut Creek voters have said "yes" to Measure I; nearly 30 percent have said no.

These results cover around 14,000 votes cast so far.

Vote Tuesday!

Yeah, 2009 is an off-year for an election, and the ballot list isn't long, but try as much as you can to vote.

We've got some vitally important local races.

There's the election to decide our next local representative in the 10th U.S. Congressional District. The main contenders are Lt. Governor John Garamendi (Democrat) and San Ramon attorney David Harmer (Republican).

For those who live in Walnut Creek, you get to decide on the future of Broadway Plaza by voting "yes" or "no" on Measure I. A "yes" vote would allow Broadway Plaza to build a new department store--effectively, a Neiman Marcus--in downtown Walnut Creek.

Then there are the measures to extend parcel taxes for our local school districts: Measure G for the Acalanes Union High School District and Measure H for the Walnut Creek School District.

Good for you if you got your mail-in ballots in. And good for you if you've marked in time in whatever calendar you use to stop by your neighborhood polling place to vote.

Don't make the poor choice I made in last May's special election, when I didn't vote. Don't pull a Meg Whitman.

Come on, there's something very cool about getting to vote tomorrow. Those of us in the 10th congressional district get to decide on whom we want to send to Washington to represent us. Walnut Creek-ans get to decide on the enormously fateful question of whether they want a new luxury department store in town, and, we hope, put this whole Neiman Marcus controversy behind us. And property owners who live within two school district boundaries get to decide whether they think the schools need their financial help, via permanent parcel tax extensions.

Look, there is not a lot we can control in what's going on in the world, in this country, or even in this state. But we can make these local decisions that, especially with the school measures, affect us in an almost day-to-day way.

Tuesday election endorsements

No, not from me but from a more "reputable" sources, the Contra Costa Times and the San Francisco Chronicle:

Congressional District 10: Both newspapers give a thumbs up to Lt. John Garamendi. The Times says: "Garamendi's long record of service in public office makes him the best choice to represent residents in the district stretching from Fairfield through much of Contra Costa and into Livermore."

Walnut Creek's Measure I (what I'm calling the Neiman Marcus measure, even though, yes, I know, the intiative officially doesn't guarantee Neiman Marcus coming to Broadway Plaza, just a new department store): The Times says Yes.

Acalanes Union High School District's Measure G: The Times says Yes, because the district would be devastated if its $189 per parcel tax is not extended.

Walnut Creek School District's Measure H: The Times says Yes, because this extension of the $82 per parcel tax "is more critical than ever for operations."

Nearly $2 million spent on Measure I

Who's spending what on Measure I?

This is initiative that allows Walnut Creek voters to decide Tuesday on whether they want, effectively, a new 92,000-square-foot Neiman Marcus in downtown Walnut Creek. Here's what the Contra Costa Times is reporting today, after checking out the latest campaign finance documents filed by both sides on the issue.

$1.4 million--What Broadway Plaza owner Macerich Co. has contributed so far to the "Yes on I" campaign, spending $1 million so far.

$700,000--What Taubman Centers, the owner of Sunvalley Mall, has contributed to defeat Measure I, spending nearly all of it.

Plus: Yes for Walnut Creek, a group of residents and business leaders who support Measure I, have contributed $50,000.

UPDATE: (Above) The view from Sign Hill. Isn't that what you call it? At Ygnacio Valley and Homestead. As you may have noticed, Measure I opponents have not spent much money on campaign signs to post around downtown, unlike the Yes on I side. But one Taubman certainly hasn't expended much money on campaign signs to post around town, but one dedicated opponent of Measure I decided to get the message across the homemade, old-fashioned way with cardboard and magic markers.

The No on Measure I "virtual office"?

Each side in the race over Measure I claims that the other side is a funded by deep-pocket outside influences. Each side claims that the other side’s strings are being pulled by some grand puppet master, from outside the city, trying to exercise control over Walnut Creek’s economic and retail destiny.

Measure I is otherwise known as the Neiman Marcus debate. It asks Walnut Creek’s 42,000 voters whether they want a new, two-story 92,000 department store in Broadway Plaza. The store will most likely be a Neiman Marcus. There is no guarantee, but Neiman Marcus officials have said they are committed to coming to Walnut Creek.

By the way, if you want to view a handy-dandy Frequently Asked Questions guide to the whole issue, check out Elisabeth Nardi’s story in Monday’s Contra Costa Times.

Rival developers have heavily financed each side, spending more than $1 million combined. Those rival developers are Southern California-based Macerich, which owns Broadway Plaza, and Michigan-based Taubman Centers, which owns Sunvalley mall in Concord, and which was close to securing Neiman Marcus’ agreement to come to the planned San Ramon city center project.

The Yes on I people say that theirs is in the cause that is truly supported by locals, with more than 1,000 community leaders (including all five city council members), neighbors, and Rossmoor residents signing on to the Yes on I, Yes for Walnut Creek cause.

The No on I people say, on their website, that many residents support their cause, because they are concerned that the project will bring worse traffic, crowd downtown parking, and that Macerich’s “experimental” parking lifts and valet parking schemes “will now be allowed to spread throughout downtown.”

When it comes to local support, or, more accurately, a local presence, the Yes on I folks claim the upper hand, and specificaly in one respect. This is in regards to their headquarters versus the No on I headquarters--or its lack thereof.

Some Yes on I supporters recently contacted me to let me know that the headquarters for the No on I campaign is actually a “virtual office.”

Residents and Advocates for More Parking and Reduced Traffic (RAMPART), the anti-Measure I organization, lists its address in an office building on North California Boulevard. The office suite is operated by a business that rents out office space and “virtual office” space to individuals and small businesses.

I stopped by myself to check it out, asking the receptionist at the front desk of this eighth floor suite whether there were any RAMPART folks available to talk to about their campaign, or if they had any campaign literature available. She explained that no one with that organization is actually on site, and that, yes, they have rented out a “virtual office.”

On the Yes on I side, one supporter told me that their mailing address is a mailboxes shop near City Hall which is owned by the president of the Downtown Business Association, and who is one of the Yes for Walnut Creek’s volunteers. The Yes on I headquarters is at the former David M. Brian store in Broadway Plaza. This supporter added we “also have more than 175 volunteers working” on the campaign.

No on I spokesman Al Abrams responded to questions about the virtual office by saying: “That’s kind of a weird conclusion, based on the rental of temporary office space for a campaign, which is something that's done for all campaigns I've ever worked on in 30 years.”

He added: “The Yes on I people must be getting pretty desperate if that's the best argument they can make at this point in their campaign.”

Well, if you’re judging local support by who has managed to get the most campaign signs posted around downtown, and in the neighborhoods, the Yes on I side is scoring big time. Their signs are cropping up all over the place. (The above photos, by the way, were taken in front of homes in the same neighborhood near downtown.)

Meanwhile, I’ve only seen two modest No on I signs. They are posted in front of homes in residential neighborhoods near downtown, and the address of one of those homes is listed as being the home of Measure I opponent Selma King.

How are you going to vote in three hot local races?

A big election is coming November 3, and how are you going to vote in these three races? Participate in the poll at left. (BTW, hope these polls are working; first time I've played with these gadgets! Let me know of any complications.)

--Walnut Creek's Measure I: Do you want a new department store--a Neiman Marcus--to be built in Broadway Plaza?

--The 10th Congressional District: Who do you want to replace former U.S. Representative Ellen Tauscher? Lt. Governor John Garamendi, a Democrat, or San Ramon attorney David Harmer?

--Measures G and H: Both measures would permanently extend parcel taxes in school districts covering Walnut Creek. Acalanes Union High School District's Measure G would extend an $189-per-parcel tax. Walnut Creek's Measure H would extend an $82 per-parcel tax.

Guest Commentary on the Neiman Marcus debate: Rich Carlston explains his top 10 reasons for voting yes on Measure I position

Dear Readers:

I've invited representatives on both sides of the Measure I debate to share guest commentaries on CrazyinSuburbia. Measure I essentially asks Walnut Creek voters to say yes or no to allowing a new 92,000-square-foot Neiman Marcus--or another department store--to come to Broadway Plaza.

With these guest commentaries, I wanted to let both sides make their pitches. There's no doubt that what either side says will provoke comments, questions, and a strong desire to rebut. In part, that is what the message board is for, to comment, question, raise points for or against. But your comments can inspire follow-up questions, and we'll definitely want those answers before we go to the polls on this issue November 3.



Anyway, here is what Richard Carlston, has to say on why Walnut Creek residents should vote "yes" on Measure I. He is a co-chair of the Yes for Walnut Creek. He is also a longtime Walnut Creek resident, who has been active in community service for more than 25 years, starting first in the youth athletic and scouting programs. More recently, he has been active in the arts, the business community and am now a Parks, Recreation and Open Space commissioner.

I am voting Yes on Measure I for 10 very simple reasons:

1. More jobs. A new downtown anchor retail store means more jobs for the community, both good-paying construction jobs and jobs working in the new store. A “no” vote means no new jobs.

2. Better business environment for local merchants. Our locally owned merchants and restaurants rely on the strength of Broadway Plaza. Neiman Marcus shoppers will patronize our local merchants on Main and Locust streets and our local restaurants. That’s why the local merchants, Downtown Business Association, and the Chamber of Commerce fully support Measure I and Neiman Marcus coming to Broadway Plaza. A “no” vote is a vote against our local merchants and restaurants.

3. More tax revenues. In Walnut Creek, we enjoy a safe community, well-maintained roads, beautiful open space areas, an extensive array of parks and recreation facilities, a wonderful Lesher Center for the Arts, and more – because of our strong retail base. The sales tax revenue from Neiman Marcus will help us maintain our quality of life. What does a “no” vote do for our tax base? A “no” vote means no new sales tax revenues and further cuts in city services.

4. More and better parking. The language of the initiative is clear: Measure I mandates “175 additional spaces for continued self-parking by shoppers.” (Initiative Section 2.(7)) A “no” vote means no new parking.

5. Real downtown traffic and pedestrian safety improvements. A YES vote mandates that Broadway Plaza spend $1 million to improve how our downtown streets and parking work. A “no” vote means these improvements will not happen.

6. A store that fits our community. Broadway Plaza listened: The store will be just two stories tall and half the size of Nordstrom. Measure I restricts the size and the height to what we asked for.

7. Broadway Plaza--a good citizen and neighbor. Broadway Plaza has been part of Walnut Creek since 1951. In those 60 years, Broadway Plaza has helped us in hundreds of ways--supporting Animal Rescue Foundation, the Diablo Regional Arts Association, Wardrobe for Opportunity, the local food banks, the Walnut Creek Library Foundation, our schools, and so many others.

8. This project received no special treatment from City Hall. In fact, Broadway Plaza and the City did significantly more than was required to analyze the environmental impacts and develop appropriate mitigations. The community outreach effort involved dozens of public and community-based meetings and gathered the input of more than 2,000 community members. We can be proud of the process and confident in the results. This is city government as it ought to be.

9. The unwavering support of our community leaders. Measure I is endorsed by people we trust: All 5 of our City Council members, 10 former mayors, all of our city commissioners, and dozens of non-profit, civic and business leaders. We are standing firm in our service and commitment to our community. Read all our names at http://www.yesforwalnutcreek.org/. The opponents? The same three former mayors who hold the distinction of being the only incumbents to be defeated in their re-election bids – and one of the three no longer lives in California.

10. Yes for Walnut Creek, a true grassroots community-based effort. Hundreds of community members – from Rossmoor to the Woodlands, Quail Ridge to Livorna Estates – have not only endorsed Yes on Measure I but are walking their neighborhoods, calling neighbors, and attending meetings to speak in favor of the project. Hundreds of YES yard signs are popping up across the community. These are not hollow claims. The evidence is there for us to see.

Those are the 10 reasons I’m voting Yes on Measure I.

Hot pursuit of the "No on Measure I" billboard truck as it cruises around the Creek, spreading its anti-Neiman Marcus message

As some of you have suspected, I don't have much of a life and don't have better ways to spend my time. Otherwise, I wouldn't have been so easily distracted Sunday afternoon on my way to Safeway to pick up groceries for dinner.

I was going east on Newell Avenue, and up ahead (!)I see one of these billboard trucks that I heard that the RAMPARTWC backers were going to hire to visually broadcast to Walnut Creek voters the message that they should vote "no" on Measure I November 3.

Measure I would allow Broadway Plaza to build a new 92,000-square-foot department store--a Neiman Marcus, we have been told--on the site of the former David M. Brian store.

RAMPARTWC opposes Measure I because they believe the design of the new department store violates the city's General Plan and would bring unneeded traffic and parking congestion to downtown. RAMPART stands for "We Need Less Traffic and More Parking in downtown Walnut Creek." RAMPART supporters also point out that there is no guarantee that Neiman Marcus, which is facing financial woes in the recession, would come to Walnut Creek.

Anyway, I see the truck and decide I'm going to follow it and see where it goes. It makes a left onto South Broadway, and continues north, past Safeway, where I was going to shop, and on through Mt. Diablo Boulevard. It continues past the new library under construction and Civic Park.

Then, at Civic, it makes a left. I'm now right behind the truck, and will stay behind it for the next 45 minutes.

We take a right on North California Boulevard, and go north, along to where California merges with North Main.

Now, we're on North Main, and we stay on North Main for a while. I think the driver has figured out that I'm tailing him, especially when I signal left, just after he signals left, then I suddenly signal right, after he suddenly signals right, to turn onto Treat Boulevard.

Going east on Treat, the truck, even though it is not the most agile of vehicles, moves in and out of lanes. Maybe so the driver can see if he is being pursued by some Crazy woman in a busted up old Camry.

I wonder why we don't make that right at Bancroft, but instead go up Treat, past De La Salle and Ygnacio Valley high schools. We've crossed into Concord, right? Then, he makes the right onto Oak Grove Road, and goes northeast. I follow until we hit Ygnacio Valley Road.

Right turn. We go all the way west on Ygnacio Valley Road, past Shadelands, Heather Farm, John Muir Medical Center, and back into downtown. The truck continues on Ygnacio Valley Road past the BART station, then makes a sudden left, just before the Interstate 680 overpass, onto Oakland Boulevard.

We continue onto Oakland Boulevard, then left onto Trinity Avenue, then back to North California, where we make a right. It's at this point that I lose the truck temporarily. My car gets stuck at a stoplight as the truck makes its way south on California Boulevard.

At no point does the truck turn and move in to cruise closer to Broadway Plaza, the eye of the storm in this epic battle over allowing a new luxury retail department store to come to Walnut Creek's retail heart. Rather, the truck driver seems determined to keep his vehicle skirting the outskirts of downtown and of Broadway Plaza.

I catch up with the truck again, after it has turned left onto Newell, and then left again on South Broadway, where, just shy of Vic Stewart's, the truck pulls over to the side of the road. Th driver just hangs there for a bit, sitting in the cab of truck.

Maybe that's it? He's done for the afternoon? Or, he's just taking a break. Or he's calling into RAMPARTWC headquarters to report that he's being followed--maybe, he thinks, by one of those "Yes on Measure I" folks.

I continue on my way to grocery shop, and I think that about about one the mhe messages plastered on the billboard and touted by No on I residents. They say they worry about a new Broadway Plaza development because they think, perhaps correctly, that a new department store will add more traffic and congestion to Walnut Creek's streets and parking garage.

Yet, the No on I folks hire this truck to ride what are possibly multiple circuits around dowtown--adding to downtown's congestion.