Following the November 4, 2014 agreement with the Piedmont Unified School District (PUSD),  the new Piedmont Turkey Trot (PTT) corporation began paying the District $30,000 from proceeds of the prior year 2013 Turkey Trot race.  The agreement requires PTT to pay $20,000 to PUSD each January following the annual Thanksgiving Day race through January 15, 2019, the end of the five-year agreement.  In January, 2015 PTT paid PUSD $20,000 to aid the Piedmont High cross-country and track and field programs, the original purpose of the fund-raising race when it was organized by parents and students in 2003.

The City of Piedmont has unreimbursed traffic control and public safety expenses for the Turkey Trot. For two years PTT agreed to pay “excess profits” from the race to the Piedmont Athletic Facilities Fund.

Read a news report  for additional details.

The City Council meeting of Tuesday, January 20, 2015 starts at 5:15 p.m. with interviews of applicants for the new volunteer Information Technology (IT) Committee to advise the Council on technological directions. This segment of the Council meeting will likely not be televised, but will be open to the public in the Council Chambers at 120 Vista Avenue.

The Council will adjourn to the City Hall Conference Room for its closed session beginning at 7:00 p.m.

b. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation (Gov Code § 54956.9(a)

Case Name: City of Piedmont v. Harris & Associates, Robert Gray Associates

This case concerns Piedmont’s long time litigation against engineers in the undergrounding debacle that cost taxpayers over two million dollars when rock was discovered while digging trenches.

At 7:30 p.m. in the City Council Chambers, the Council will appoint Michelle Marchetta Kenyon as City Attorney of the City of Piedmont under a  contract with her and her law firm Burke, Williams, and Sorensen, LLP for City Attorney Services.

In a change from prior arrangements for legal services, City Administrator Paul Benoit is recommending a retainer contract rather than an hourly charge for services.  The cost is $240,000 per year for the retainer.

Read the entire City Attorney recommendation and contract terms by clicking below.

http://www.ci.piedmont.ca.us/html/govern/staffreports/2015-01-20/cityattorney.pdf

Click here to read the entire agenda.

The Regular agenda segment of the City Council meeting will be televised on Channel 27 KCOM, live streamed and archived on the City website.  Click the link below to view the Council meeting:  http://www.ci.piedmont.ca.us/video/

– Council approved the Recreation Department request to improve East Wing of Piedmont Center for the Arts and a Grand Avenue Conditional Use Permit. –

– Piedmont High School student Bryan Ford’s report on the January 5, 2015 Piedmont City Council Meeting –

 On Monday, January 5th, 2015, the Piedmont City Council met for the first meeting of the year in the City Hall Council Chambers. The Council meets on the first and third Mondays of every month to discuss issues related to the city. Residents of Piedmont are not only welcome to attend these meetings but encouraged to express their opinion on topics regarding Piedmont.

Readers have inquired regarding how and why the new Piedmont Turkey Trot organization was formed.

Piedmont High School newspaper reporter Ben Fung details the evolution of the organization in his article for The Highlander.  Click the link below to read the entire article.

http://tphnews.com/2014/12/turkey-trot-saved-from-slaughter-pusd-reaches-new-agreement

The Piedmont Turkey Trot requires extensive organizing to produce a successful race.  The contract with the Piedmont Unified School District concluded on November 4, 2014 assures support for the cross country team from Turkey Trot proceeds will continue for the next five years, the term of the contract. In November 2014, there were approximately 3,000  participants.

Prior PCA articles:

Contract Between the School District and Turkey Trot organization

Questions About the Turkey Trot

Where Should the Money Go?

Go to “Search” on this site for other prior articles on the Turkey Trot.

The following is a report by Piedmont High School student Joe Cumberlich on his observations of the Dec. 1, 2014 Piedmont City Council meeting.

On the night of December 1, 2014, I attended the Piedmont City Council meeting at the Piedmont City Hall on Vista Avenue. These meetings are held every other week throughout the year. Mayor Margaret Fujioka sits in the middle of the council members and leads the debates and motions for actions. In this specific meeting, representatives from the Piedmont Unified School District, and the Turkey Trot thanked the council for cooperation in their respective fundraising efforts.

The first topic that was extensively debated was agenda item number five, the consideration of an amendment to the use agreement with the Piedmont Center for the Arts to facilitate the installation of a disabled lift in the East Wing of the City’s building. This topic was clearly a priority of the City Council because the state requires wheelchair access in all buildings of this type. The issue of the lifts actual installation was the insurance costs brought on by the City, as well as the question of the quality of the lift itself. City Administrator Paul Benoit stressed the importance of the lift, as well as the quality of the lift itself. His points about quality were confirmed by Chester Nakahara the Director of Public Works for the City. The motion to purchase the lift passed and the Council decided to look at insurance at the end of the fiscal year.

Seventh on the agenda was a motion for the consideration of the award of the Linda Beach Field turf replacement project to Fieldturf USA in the amount of $222,204 and authorize the overall construction budget of $265,534. This conversation was obviously a great concern of Vice Mayor Jeffrey Wieler who extensively asked Fieldturf USA representative Andrew Reley about the safety of the materials, and the performance they have as both a playing surface and draining ability. I spoke on this topic because I’m an experienced user of field turf for various sporting events.

The proposed turf is made up of plastic grass and filled in with a mix of cork and sand. This mix is called ‘pure fill’ and is much more expensive than the traditional ‘crushed tire’ fill used at Witter Field. The City’s reasoning for this expense is the potential danger ‘crushed tire’ can have if consumed. Now a person would need to consume several cubic feet of the stuff for a lethal dose. Never the less the parents of small children will be fearful and will complain, making this a worthwhile expense for the City.

USA Fieldturf rep Andrew Reley explained his company’s success with their product, having installed thousands of fields globally. From elementary schools like Beach, to NFL and Pro Soccer fields.  I caught up with him after the meeting.

Me: Why were you at this meeting? What difficulties and problems brought you here?

Andrew: I was here to answer any questions for the City Council on the proposed turf at Beach Field.

Me: What’s the next step for this issue?

Andrew: Going forward we need to meet the needs of the community with prices that meet the budget of the City.

By Joe Cumberlich

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

At the November 17 City Council meeting, Piedmont came into compliance with State of California conflict of interest laws.  All council members present voted to approve the revised policy.  Although a biannual Council review is required by State law, the Council had not reviewed the City policy since 1988.

After considerable discussion, the Piedmont Police and Fire Pension Board members and the City Engineer were added to the list of those required to provide personal economic disclosure on Form 700.  Vice Mayor Jeff Weiler objected to Council member Tim Rood’s suggestion of requiring Piedmont’s consulting City Engineer to be named on the list, because he felt it was unnecessary and an invasion of privacy. When the votes were cast, Weiler voted aye along with the other approving council members, while noting his objections.

The consulting City Engineer has previously been voluntarily providing his financial disclosure information to the City. The City Engineer is charged with the evaluation and oversight of public works projects including contracts, design and construction.

Newly added to the list was the Piedmont Police and Fire Pension Board, responsible for overseeing distribution of retiree benefits, investment of pension fund assets and post employment benefits investments by Osterweis Capital Management.  The assets are valued at tens of millions of dollars.

A question arose regarding application of economic disclosure requirements for specific appointed committees and commissions who interview and advise on auditors, contractors, consultants, bond underwriters, etc. The Acting City Attorney provided advice that the disclosure was not necessary as those appointed bodies did not make the final decision on selection of providers.  In recent years, it has been the practice of the City Council to approve committee and commission recommendations on various providers.

The City Council and Planning Commission along with certain employees have historically been complying with State economic disclosure laws in filing Form 700.

Financial disclosure is intended to alert the public, legal authorities and Fair Political Practices boards to personal interests that might be affected while appointed or elected officials are performing their official duties (i.e., making governmental decisions). Government Code 87500 identifies elected and appointed officials who are required to file Form 700, the Statement of Economic Interests.

Information disclosed can include:

• Investments in business entities (e.g., stock holdings, owning a business, a partnership)
• Interests in real estate (real property)
• Sources of personal income, including gifts, loans and travel payments
• Positions of management or employment with business entities

The form is required to be filed annually. Filed forms are public documents, available to anyone who requests them.

Read more about Form 700 here.

After the failed private undergrounding utility project costing Piedmont taxpayers over $2 million, the City Council in an attempt to avoid conflicts of interests adopted new policies and procedures for large public works projects.

Legal resolution to determine fault of the costly undergrounding debacle has yet to be resolved despite years of litigation.   Fault is pivoting around the City Council, City employees, contractors, engineers, and legal counsel. The majority of the participating Piedmont employees and City Council members involved in the problematic private utility project are no longer in their positions. There has been no announcement regarding final resolution of the pending litigation.

At its Monday, December 1 meeting, the Piedmont City Council will consider appropriating $265,534 for the replacement of the existing artificial playing surface at the Linda Beach Field.  The proposed budget includes the removal of the current turf and replacing it with more artificial turf at a bid cost of $222,204, plus $10,000 for management and inspection and a 15% contingency fund of $33,330 for a total authorization of $265,534.  The funds will come from the Facilities Maintenance Fund rather than the City’s Athletic Facility Preservation Fund, which is expected to have increased to $82,000 by the end of the Fiscal Year, June 30, 2015. 

“The project was originally scheduled for award and construction in the Summer of 2014 but was delayed to accommodate the needs of the Piedmont Soccer Club.”

Read the complete Staff Report for the Linda Beach Field turf installation project.

Read the complete City Council agenda for Monday, December 1, 2014.

Time to get ready for the 13th annual Piedmont Turkey Trot ~ a community event!

The 3 mile walk/run through Piedmont November 27th, 2014 ~ Thanksgiving morning~ 8:30 am

The race starts at the Exedra (Blue Vase) in Main Park at Highland and Magnolia Avenues. 

$30 for ages 13 years and older

$20 for ages 12 years and younger

Must register by Tuesday, November 25th for this pricing

After November 25th, late registration will be available for $40 for ages 13+ and $30 for ages 12 and under.

For more information and registration go to:

http://piedmontturkeytrot.com/

Long sleeve tech shirts will be available to the first 2400 registered entrants.

Net proceeds from the Piedmont Turkey Trot benefit local charities and organizations.

“The 2014 Piedmont Turkey Trot is proud to continue to have net proceeds benefit the PHS Cross Country and Track and Field Teams – and for the first time, the City of Piedmont’s Athletic Facilities Preservation Fund.”

Piedmont has been out of compliance with State of California Conflict of Interest laws for decades.

State law, called the Political Reform Act (PRA), requires government entities, including Piedmont, to biannually assess their Conflict of Interest Code for compliance with state laws.  The Piedmont City Council has not updated Piedmont’s Conflict of Interest Code, Policy #24, since 1988.

On Monday, November 17 at their regular meeting, the Piedmont City Council will assess which employees will be required to file personal economic disclosure Form 700  in compliance with State law.  As noted in the staff recommendation, nine staff positions are proposed to be added to the list of individuals required to report. These include Building Official, Planning Director, Parks and Project Manager, Recreation Supervisor, amongst others.

Boards, commissions, committees, and consultants not mentioned in the proposed revised Code.

Although not mentioned in the proposed revised Code, appointed boards, commissions and committees advising or deciding on public expenditures are frequently required to comply with economic disclosure Form 700.

“Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided.“

Gov. Code section 81002(c)

“No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.“

Gov. Code Section 87100

“Unpaid members of boards and commissions and consultants to state and local government agencies also may be required to disclose their personal financial interests if they make or participate in making governmental decisions that could affect their private financial interests.

“Disclosure is made on a form called a “statement of economic interests” (Form 700). The form must be filed each year. Filed forms are public documents that must be made available to anyone who requests them.” http://www.fppc.ca.gov/?id=6 

Since 1988, Piedmont has expanded to ten the number of commissions, boards and committees, who may advise or act on expenditures of City funds.  For example, Piedmont has added the Budget Advisory and Financial Planning Committee and the City Council Audit Subcommittee.

While overseeing and controlling millions in retirement funds, the Piedmont Police and Fire Pension Board is not listed in the proposed revised Conflict of Interest Code.

The City Council and the Planning Commission are required to file financial disclosure statements.  The 1988 Policy #24 on Conflicts of Interest Code was not on line or in the staff report.

Consultants

State law also applies to consultants who may have a conflict of interest. In Piedmont, consultants are frequently used for advice on planning, finances, taxation, and public improvement projects; however consultants are not mentioned in the proposed revised Code.

Agency Conflict-of-Interest Code Biennial Notice Requirement

The Political Reform Act requires every government agency to review its conflict-of-interest code biennially to determine if it is accurate or, alternatively, that the code must be amended.

Elements of a Conflict-of-Interest Code

• Incorporation Page
• Designated Positions
• Disclosure Categories

City Agencies

• City Newsletter
• Biennial Notice
• Should You Amend Your Conflict of Interest Code?

Link to the Fair Political Practices Commission website.

Read the Piedmont staff report.

The 1988 Conflict of Interest Code, Policy 24, was not included in the staff information and was not retrievable on line.

The matter will be considered at the Monday, November 17, 2014, Council meeting in City Hall starting at 7:30 p.m.  The meeting will be broadcast on KCOM Channel 27 and live streamed from the City of Piedmont website.

The public may attend the meeting and address the City Council.

Road diets, designated routes to school, bike lanes, and the crosswalk at Wildwood Avenue and Grand Avenue will be considered. 

The Piedmont Pedestrian and Bicycle Master Plan will be considered by the Council on Monday, November 3, 2014 at 7:30 p.m. in the Council Chambers in Piedmont City Hall, 120 Vista Avenue.

One of Piedmont’s most comprehensive community based planning projects has resulted in an extensive Piedmont Pedestrian and Bicycle Master Plan (PBMP). Funding for the plan has come from an Alameda County Transportation Commission (CTC;www.alamedactc.org) grant and through the City’s existing funds for pedestrian and bicycle improvements (pass-through Measure B funds), also distributed by the Alameda CTC.

Great interest and participation by Piedmont’s many walkers, bikers, teachers, students, and residents have brought concerns and issues to the discussion.

On August 20, the Piedmont School Board was presented with the plan by planning consultant, Niko Letunic and Director of Planning Kate Black. Board President Andrea Swenson told the presenters that the School District would wait until the City completed their projects to improve sidewalk and street safety before further encouraging families to walk and bike to school.

At their October 13, 2014 meeting, the Piedmont Planning Commission considered the final draft plan.  Based on discussions at the meeting, the Commission recommended the Council approve the plan with specific additions and amendments.

Will “Road Diets” solve a perceived problem in Piedmont?

Road diets:

 The second paragraph on page 79 was amended to read: “While the PBMP includes general concept drawings for road diets (on pages 79 and 81), detailed design and traffic engineering drawings will need to be made before the projects are implemented, and shall be reviewed by the Planning Commission and Bicycle Pedestrian Advisory Committee. The design for Highland Avenue could consider the possibility of landscaped islands and it will need to ensure the turn lane accommodates left-turning AC Transit buses at Oakland Avenue.”

Planned road diets would eliminate two lanes of through traffic on both Highland and Grand Avenues.  On Grand Avenue, increased congestion in the area around the ACE Hardware store with vehicles stacking up and blocking traffic, plus a possible elimination of one or more parking spaces are concerns.  On Highland Avenue, the island medians could create problems for large buses making turns and create traffic congestion around the Mulberry driveway entrance. Prior concern was expressed over a median in the middle of Highland Avenue impeding the Fourth of July parade activities and preventing homeowners from turning left to enter their driveways, creating multiple U-turns at the intersections.

According to the Federal Department of Transportation, “Road Diets” became increasingly popular in the 1990’s, “with installations occurring in both rural and urban states such as Iowa and Minnesota. A classic road diet typically involves converting an existing four-lane, undivided roadway segment to a three-lane segment consisting of two through lanes and a center, two-way left-turn lane.”

Hazardous crosswalk at Wildwood and Grand Avenues:

 Last paragraph on page 101 be amended to read: “Coordinate with Oakland staff on the funding, planning, design and implementation of bikeways connecting the two cities, and other roadway improvements of importance to both cities, including the intersection of Wildwood and Grand Avenues.”

Repeatedly mentioned in prior hearings, the crosswalk at Wildwood and Grand Avenues is long, hazardous creating pedestrian difficulties. The crosswalk is actually in Oakland and consequently Piedmont does not have control of the design. The new language requires Piedmont to work with Oakland to improve the crosswalks.

At the November 3 meeting –

The City’s consultant will make a presentation to the Council on the development process of the plan and the contents of the Draft PBMP, and will be available for questions. Members of the public are welcome to speak at the meeting. The City Council may choose to adopt the Draft Initial Study/Negative Declaration and October 13 version of the Draft PBMP, or may wish to make further modifications.

As with other Master Plans, if conditions change, adjustments can be made to meet changing needs and funding sources.

Read the staff report to the City Council.

Hard copies of the Draft Plan and draft CEQA Initial Study/Negative Declaration document are available for review between the hours of 8:30 am – 12:00 pm and 1:00 pm – 5:00 pm Monday through Friday at the Public Works counter at City Hall, 120 Vista Avenue, Piedmont, CA 94611

The Draft Plan and Draft of the CEQA document can also be accessed at the following links:

Draft Piedmont Pedestrian and Bicycle Master Plan dated October 13, 2014

Appendices: Comments received through the two online surveys on the needs assessment and on the improvement options

Draft of the CEQA Initial Study/Negative Declaration

You are invited to attend the City Council meeting and express your opinion.  You may choose to write your opinion and address your comment to the entire Piedmont City Council, c/o City Clerk, 120 Vista Avenue, Piedmont, CA  94611 or send an e-mail to jtulloch@ci.piedmont.ca.us. All comments submitted will become part of the public record and may be posted to the City’s web site.

To watch the public hearing on KCOM, cable channel 27. Alternatively, if you want to watch the meeting live or later after the meeting, you can do so by logging on to the City’s website at www.ci.piedmont.ca.us: on the right hand side of the homepage under the “KCOM” heading, click on the “On-line Video” link, then scroll down under the “Sections on this Page” heading, click on the “City Council” link, then on the “October 13, 2014″ link, and click on the “Video” or “In Progress” link and start watching!

Planning staff contacts:

Janet Chang, Assistant Planner, 510-420-3094      janetchang@ci.piedmont.ca.us

Kate Black, Director of Planning, 510-420-3063        kblack@ci.piedmont.ca.us