Jul 6 2013

Injuries sustained on July 4 by eight campers and counselors during a ride in a “Cannogan”, a soapbox configured canoe with wheels, have been evaluated and treated.   “In an abundance of caution,” two of those injured were flown by helicopter to a nearby hospital.  The condition of all involved in the accident has not been announced.

When riding in the Cannogan, sturdy helmets and protective padding are worn.

The following letter was sent to camper families:

Dear Parents:

I wanted to let you know about a camping mishap that happened during session 2.

During a routine and popular camp activity, there was an accident that involved [8] campers and staff when a soapbox derby-like vehicle tipped over.  Injuries were generally consistent with what you would expect when a camper is thrown from a horse or falls off a mountain bike.  Out of an abundance of caution, the counselors who were present elected to seek an immediate medical diagnosis for all campers.  The counselors consulted with local medical authorities who provided instructions on how to ensure the kids were evaluated as soon as practicable. Those instructions were followed precisely.  Two of the campers demonstrated concussion symptoms and on advice, and in an abundance of caution, were flown to medical facilities as this was the most immediate method to transport the kids to the best facilities available.

We work to ensure that camp is a safe, enjoyable experience for everyone, but accidents can and do happen.  Substantial effort and training goes into minimizing these risks.  All the campers and staff were wearing appropriate safety equipment at the time of the accident. Fortunately, I understand none of the injuries are threatening and the kids and counselors are all healing.  We hope you understand that we take your child’s safety very seriously and will always err to the side of extreme caution.
If you have any questions, please don’t hesitate to call Camp Augusta.
Campingly yours,
Randy Grayson (Director)
Steve Rogers (Board Chair)

 Camp Augusta

 

Jul 6 2013

BART union employees went back to work Friday, July 5 without a new contract under a temporary agreement reached Thursday evening. Following three days without bargaining, management, state mediators, and the unions are scheduled to resume bargaining Monday, July 8. Negotiations will continue while operations resume for 30 days under the former contract terms.  New contracts with the unions will be retroactive to July 1, 2013. 

BART management and SEIU leaders expressed opposition to a cooling-off period. On June 25 BART Board President Tom Radulovich wrote to Governor Jerry Brown, asking that the 60-day cooling-off period not be invoked. The parties agreed to the 30-day deadline delay to allow negotiations to continue without a strike. On Saturday, the New York Times reported, “The two sides said that they hoped to reach an agreement before the new deadline, but remained far apart on key issues, including wages, state pensions and health insurance.” Theoretically, the strike could be renewed in early August, a low volume BART ridership period. In contrast, a Governor’s “60-day cooling off period” would have pushed the strike point into the high ridership period of early September.

As BART stations were unlocked and the trains began rolling Friday afternoon, BART General Manager Grace Crunican greeted riders in several stations with an apology for the four days without service and a prepaid clipper card.

Jul 4 2013

At a 10:30 p.m. press conference on July 4, California Secretary of Labor Marty Morgenstern announced an agreement by Bay Area Rapid Transit (BART) management and Union representatives to end the strike temporarily.  The parties accepted Morgenstern’s recommendation that the current contracts be extended for one month, while negotiations continue.  

All riders should check the BART website at http://www.bart.gov/  for updates on schedules.

 

 

Jul 4 2013

On July 4  campers were injured at Camp Augusta while racing in canoe go carts.  According to a report, two or more of the campers were flown by helicopter to a hospital.

 1:08 p.m.: Five people have been injured in a Soap Box derby accident at Camp Augusta outside of Nevada City, according to Cal Fire. Two of the injuries are critical, and victims are being transported via helicopter to local hospitals. Two other individuals suffered moderate injuries, while another person has minor injuries.

The accident occurred just before noon.

For additional information check the following links:

http://sacramento.cbslocal.com/2013/07/04/several-people-injured-at-nevada-county-camp/

http://www.sacramentosun.com/index.php/sid/215631603/scat/d10bacfff3f93dae

http://www.sacandco.net/news/article/249629/2/8-injured-in-Nevada-City-soap-box-derby

http://www.campaugusta.org

https://www.facebook.com/camp.augusta

Camp Augusta located in Nevada City, California, is a non-profit co-ed camp “donated to the girls of Piedmont in 1931 by Freda Ehmann in memory of her daughter’s mother-in-law, Augusta Collins.”  The camp has served generations of Piedmonters. For many years it was a Camp Fire girls camp.  In recent years boys and girls ages 8 to 16 have attended the camp.  It operates under the auspices of a Board of Directors.

History of Camp Augusta

Jul 1 2013

Serial meetings are not allowed under California law. Council is asked to cease and desist. –  

In the following letter a resident points out problems with Council actions.

Mr. John Tulloch, City Clerk City of Piedmont
120 Vista Avenue, Piedmont, CA 94611

July 1, 2013

Dear Mr. Tulloch,

This letter is to call your attention to what I believe was a substantial violation of a central provision of the Ralph M. Brown Open Meetings Act (“Brown Act”), one which may jeopardize the finality of any action that may be taken by the City Council (“Council”) and the City of Piedmont (“City”) regarding the funds due to the City from the Piedmont Recreational Facilities Organization (“PRFO”) under the terms of the Reimbursement and Indemnification Agreement between the City and PRFO dated August 12, 2011 (“Agreement”).

The dispute between these two parties is over the approximately $220,000 expended by the City on consultant expenses for the Moraga Canyon Sports Complex project in excess of the balance of the Reimbursement Account established pursuant to the Agreement. The City of Piedmont appears to have expended these additional funds in anticipation of reimbursement by PRFO, while neglecting to enforce the notification requirements for replenishment of the reimbursement account set out in Section 3(a) of the Agreement.

As reported on Piedmont Patch on May 4, 2012, http://piedmont.patch.com/articles/council- advance, “invoices for eligible work done through Oct. 31, 2011, already totaled $155,304.98, or $37,304.98 more than PRFO had paid to the City [a fact that was not disclosed to the Council before it voted on Dec. 5, 2012 to approve the Project]. A third bill dated Feb. 7, 2012 showed eligible costs of $303,588.55 for work done through Dec. 30, 2011, with PRFO now owing $185,588.55.” In a June 18, 2012 staff report, Mr. Grote stated that the sum in dispute had risen to $220,267. At a joint meeting of the Budget Advisory & Financial Planning Committee and the Capital Improvements Program Committee on May 9, 2013, in response to my question, Mr. Grote stated that the City had not sent any demand letters to PRFO.

The nature of the Brown Act violations is as follows:

On January 31, 2013; April 11, 2013; and June 17, 2013, according to information provided to me by the City Administrator, negotiations between PRFO and City representatives occurred regarding the resolution of the dispute. These meetings were private and were not noticed publicly. Also according to the City Administrator, three members of the City Council, constituting a majority, attended one or more of these negotiation sessions: Mayor Chiang on January 31 and April 11, 2013; Councilmember McBain on April 11, 2013; and Vice Mayor Fujioka on June 17, 2013.

In a Piedmonter article dated June 19, 2013, City Administrator Geoff Grote is quoted as follows:

“If we demand more than they are willing to pay, we have two choices — let it drop or proceed in arbitration that was included in the indemnity and reimbursement agreement (with PRFO).

“The City Council will make the final determination of the issue. We should have an announcement in the next several weeks.”

The Agreement calls in Section 8 for binding arbitration to finally settle any dispute and in Section 9 for any amendments, modifications or changes to the agreement to be in writing and to be signed by both parties. Mr. Grote’s comments indicate that a proposal modifying the Agreement to remove the arbitration requirement will come before the City Council in the next few weeks, if it has not already done so. In his June 20, 2013 email to me, Mr. Grote stated the following: “The Council is in the process of deciding what course of action they wish to pursue.” This indicates that the Council has already begun deliberating, as may be indicated by the June 17, 2013 closed session agenda, “Pursuant to G.C. Sec. 54956.9 the City Council will meet relating to possible initiation of litigation (one case)” which could be construed as referring to deliberations regarding entering into arbitration with PRFO.

I believe the participation of a majority of the members of the City Council in one or more of the negotiation sessions with PRFO constituted a serial meeting of the City Council that was not properly noticed under the Brown Act. If the Council takes action to forgive these debts to the City or to otherwise modify the terms of the Agreement, such action would not be in compliance with the Brown Act because there was no adequate notice to the public of the serial discussion of this issue by a majority of the Council members.

The Brown Act specifically prohibits any use of direct communication, intermediaries or technological devices by a majority of the members of a legislative body to develop a collective concurrence as to action to be taken. (Gov. Code § 54952.2). Such a series of separate discussions by individual members of a legislative body regarding matters within their jurisdiction without actually coming together and meeting is referred to as a serial meeting. This type of prohibited meeting can result from a series of communications of individual members or groups of members that are less than a quorum which then result in involving a majority of the members of the legislative body. A serial meeting is prohibited by the Act because the acquisition of information, as well as all debate, discussion, or any other aspect of the deliberative process is required to occur in public. The term “deliberation” has been broadly construed to include “not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.” Rowen v. Santa Clara Unified School Dist. (1981) 121 Cal. App. 3d 231; 84 Ops. Cal. Atty. Gen. 30 (Feb. 20, 2001) Thus, the use of direct communications, personal intermediaries, or technological devices by a majority of members to develop a collective concurrence as to action taken by the legislative body is illegal.

Providing substantive information from staff to members of a legislative body may be a violation when such information is a part of systematic communications for preparation for a meeting or engaging in discussion, lobbying or any other aspect of the deliberative process. For example,

Briefing members in separate meetings on policy decisions and background events are part of the deliberative process. Such communications are problematic because the public is “able only to witness a shorthand version of the deliberative process, and its ability to monitor and contribute to the decision-making process will have been curtailed.” (Calif. Attorney General’s Office, The Brown Act (1994) p. 12)

Pursuant to Government Code Section 54960.2, I demand that the City Council publicly and unconditionally commit that it will cease, desist from and not repeat the practice of holding serial meetings on this or any other issue.

Respectfully yours,

Timothy Rood
Member, Budget Advisory & Financial Planning Committee

cc: Thomas R. Curry, Esq., City Attorney
Nancy O’Malley, Alameda County District Attorney

Editors’ Note:  The opinions expressed are those of the author and not necessarily those of the Piedmont Civic Association.

Prior Piedmont Civc Association article.

Jul 1 2013

Strike continues as BART attempts to hold costs down, and unions press for increased compensation and work condition changes in their contracts. –

Ever increasing costs of health care  and pensions have placed a heavy burden on the public sector paid for by taxpayers.  BART  and other public employee benefit costs have been significant in budgets. The disparity between the benefits of an average private sector worker and public employee has been growing, as taxpayers become increasingly aware of issues such as some free pensions and lifetime health benefits.

During the bargaining process (including the strike period), employee proposals and management proposals are not open to the public due to labor laws. However, some information has become available on what is being discussed in the bargaining process.

According to an AP article on Saturday, June 29:

The unions want a 5 percent annual raise over the next three years.  Currently, train operators and station agents are paid in the low $60,000 range. Employees average $16,590 in overtime annually and pay a flat $92 monthly fee for health insurance.

Meanwhile, BART has offered a 1 percent raise annually over the next four years and for employees to contribute to their pensions. Yahoo.com

Unlike most private employees, public employees have enjoyed guaranteed pensions, to which many have made very low or no contributions.  Most retirees in the private sector, vigilantly watch their expenses, IRA’s or 401 Ks.  Public employees need not worry about the stock market or investments made by their pension provider, as their pension amounts are guaranteed during all economic periods.  This pension guarantee received little notice by the public until recently when CalPERS funds, where BART’s retirees are vested, took a nose dive.  The drop in value of the CalPERS funds, caused participating agencies such as Piedmont and BART to increase contributions to meet beneficiary costs.

According to an article in the Mercury News:

The average BART worker — including management and non-union employees — made $83,157 in gross pay in 2012, up from $80,588 in 2010, according to an analysis of payroll records by this newspaper. An 8 percent wage bump, on top of a 1 percent pay increase already set to kick in Monday, would push the average BART employee’s gross pay to about $90,600 in 2016.

BART spokesman Rick Rice said they also offered “meaningful reductions” to employee pension and health care contributions compared to what agency officials had proposed earlier. Pay, pension contributions and medical costs are the three big issues left, and unions were set to review the latest proposal Saturday night.

Rice said that their latest offer would give workers enough money to see a “net increase” in total compensation even with workers contributing more to their health care and pension plans.

Union leaders have said they were willing to budge on the issues of pensions and health care benefits but it’s unclear how far they’re willing to go. Currently, BART workers don’t pay toward their pensions and give $92 a month toward their medical benefits, regardless of the number of dependents. Including pay and benefits, the average cost for BART for each employee was $116,309 last year, up from $110,017 in 2010.  Mercury News

AC Transit continued service on Monday, July 1, requiring many bus drivers and employees to work extra hours to provide needed transportation support.   In some cases, these employees receive time-and-a-half or double-time compensation.  It is unknown at this point if AC Transit, whose contract has also expired, will go on strike simultaneously with BART.  Negotiations are continuing.

Jun 30 2013

BART is on strike.  Piedmonters going to San Francisco can turn to the casual carpools located on Oakland Avenue at Hillside Avenue and on Oakland Avenue at Olive Avenue.  The carpools operate only during weekday morning commuting hours.  Inquiries should be made on casual carpool sites in San Francisco for the return trip to Piedmont.  AC Transit is expected to be running on Monday.

STRIKE !

For information on transportation alternatives, check the following sites:

Piedmont Patch

San Francisco Gate  Update on commuting  (10:40 a.m. Tuesday, July 2, 2013)

Mercury News

KQED News Fix

Prior to the announced strike, Bay Area Rapid Transit (BART) management and Union representatives met again at 3:30 p.m. Sunday at the urging of the mediators provided by Governor Jerry Brown.  They met in a changed venue, the Caltrans District 4 offices at 111 Grand Avenue in downtown Oakland.

“San Francisco Bay Ferry will add boats from the East Bay and AC Transit, in the midst of its own labor troubles, will run extra buses. AC’s workers were planning to bargain until midnight. If talks failed, they said, the soonest they would strike would be Tuesday morning.”  San Francisco Chronicle

Earlier on Sunday two BART unions announced a strike to begin 12:01 a.m., Monday, July 1. However, BART trains would complete their runs past midnight. The AC Transit Amalgamated Transit Union promised 24-hour notice and had not announced a strike by late Sunday evening. AC Transit can be expected to operate on Monday with additional buses.

Jun 29 2013
When will the City be reimbursed for expenditures? – 
 
Piedmont Recreational Facilities Organization (PRFO) has been negotiating with the City for payment of expenses related to PRFO’s Blair Park playfield development proposal. In response to an inquiry,* the City Administrator instructed staff to provide the meeting dates and participants.

Dear Mr. Rood,

The City of Piedmont received your request dated June 19, 2013 on June 20, 2013, requesting, “…the dates, locations and attendees of any meetings between PRFO representatives and City of Piedmont staff or consultants since May 7, 2012.”

Although your request refers to the California Public Records Act, it does not appear to describe an “identifiable record or records” as required by Government Code Section 6253(b). Nonetheless, with that said, Mr. Grote asked me to relay to you that the following meetings took place between representatives of PRFO and the City to discuss the issue of the outstanding funds due from PRFO.

January 31, 2013 – John Chiang, Geoffrey Grote, Eric Havian, Steven Ellis, Mark Menke

April 11, 2013 – John Chiang, Robert McBain, Geoffrey Grote, Eric Havian, Mark Menke

June 17, 2013 – Margaret Fujioka, Geoffrey Grote, Eric Havian, Mark Menke

Sincerely,

John O. Tulloch
City Clerk / IS Manager
City of Piedmont 
120 Vista Avenue
Piedmont, California 94611
Phone: (510) 420-3040
Fax: (510) 653-8272

The Reimbursement and Indemnification Agreement between the City and PRFO to reimburse the City states “…legal and consultant costs directly or indirectly incurred by City in connection with review and processing of the Proposed Project, including legal defense costs.”

 PRFO and the City withdrew approval of the project after litigation by Friends of Moraga Canyon (FMOC) began and Oakland expressed displeasure with the project potentially causing environmental impacts to Oakland.

As PRFO promoted the project at public meetings, in documents, and with signage stating “Accept the gift”, it was anticipated by most that the project would not be an expense to the City.  With negotiations occurring, as indicated in the above letter, and possibly considered in closed Council sessions, it is unknown when the City will receive the estimated remaining reimbursement due.  

*  The letter is addressed to Tim Rood, a member of the Piedmont Budget Advisory and Financial Planning Committee.

Piedmonter news coverage.

Jun 29 2013

Green vehicles added to municipal fleets – 

Four Bay Area communities will have all-electric Mitsubishi i-MiEV hatchbacks for three years to augment their municipal fleets. San Jose received 38 i-MiEVs on Thursday, June 27  and the remaining 12 will be delivered to Campbell, Los Gatos and Mill Valley in early July.

Mitsubishi Motors North America supplied the vehicles. Mike Albert Fleet Solutions, a national fleet management and services provider, developed the favorable leasing terms. Active International, a corporate trading and marketing solutions provider, funded the leases. Bay Area Climate Collaborative (BACC), a public-private initiative of the Silicon Valley Leadership Group and the Mayors of San Francisco, San Jose and Oakland, validated the Bay Area market for Active International, facilitated key business relationships in support of the deal and coordinated with the public agencies to help finalize agreements.

The Lithium-ion battery powered Mitsubishi i-MiEVs have a range of 62 miles per charge.

Read Green Car Congress

Jun 28 2013

BART unions and management agree to continue talking all weekend, but  union leaders gave a 72-hour strike warning Thursday night.  –

Negotiations on new contracts with Bay Area Rapid Transit (BART) unions began 89 days ago. On Thursday, BART management and unions met until late into the night. Earlier in the day there was a sense of progress that could head off the threatened strike.

“Facing a Sunday night deadline to reach a deal before the workers’ current contract expires, BART management on Thursday brought to the bargaining table new proposals on pay, health care and pension benefits and safety upgrades. The Service Employees International Union, meanwhile, said it was willing to start paying toward pension plans — a major sticking point thus far — and lengthen the amount of time employees have to work before earning retiree medical benefits.” reported by the  Mercury News

Most Mondays through Fridays Piedmonters find the parking lots at MacArthur and Rockridge BART stations are full by 8:30 a.m.  On Monday, July 1, the lots could be largely empty at 8:30 a.m. if BART’s unions strike at 11:59 p.m. Sunday, June 30, when contracts expire. The two largest BART unions, Amalgamated Transit Union (ATU) and Service Employees International Union (SEIU) voted on Tuesday to authorize a strike by 99.9% and 98.5%.  Union leaders now have the authority to order a walk out, if that is their decision.  Negotiations can continue in hopes of avoiding the strike. The unions promised to give BART a 72-hour notice if they call a work stoppage, and gave notice late Thursday night.

Sometimes the Governor stop negotiations for a cooling-off period.  BART management and SEIU leaders expressed opposition to a cooling-off period on Friday.  On June 25 BART Board President Tom Radulovich wrote to Governor Jerry Brown, asking that the 60-daycooling off period not be invoked:

“We are committed to reaching a final settlement by that date (June 30). However, if an agreement is not reached, we ask that you not grant a 60-day cooling-off period should union leaders request one.”

The Metropolitan Transportation Commission warns:

Contracts between BART and several of its unions expire at 11:59 p.m. on June 30. If BART and its workers are unable to reach agreement, there is a possibility that BART service could be stopped as early as July 1. BART normally serves more than 400,000 people per day, so a strike could have a huge impact on the regional transportation system.

In the event of a BART strike, drivers should expect very heavy traffic, much longer travel times, extended metered light periods to enter the San Rafael and Bay Bridge. Lines to these bridges extended more than a mile during the last BART strike in 1997.

If there is a BART strike, it’s impact could be magnified by AC Transit. The AC Transit Union’s contract also expires Sunday evening and last week 97.4% of those participating, voted in favor of a strike.  Oakland city employee union members also authorized their leaders to call a strike on July 1. On Thursday, Roxanne Sanchez, President of SEIU Local 1021 issued this statement:

“… this Monday, July 1, we draw a line. Be prepared for a major strike that will impact San Francisco, Oakland and much of the Bay Area. We have rallied community and union support, and we must all be present and accounted for as 1021 members and staff.”

 If the strike happens, local radio and television will provide information on conditions and decisions by the various unions.