Letter to the City Council regarding land use changes without voter approval and conflicts of interest.

re: Sep. 19, 2016  Council Agenda Item 5: Planning and Zoning Revisions

Acting Mayor Wieler and Piedmont City Council –

The July 11, 2016 Planning Commission Staff Report at p. 3 recommends changing the use of City Property Zone B to include: “ . . . for profit entities because the City may want to allow a community-serving business, such as a local newspaper or beverage stand, to operate out of a City building.”  The only exclusively local newspaper is the Piedmont Post.

I express my concerns on the following four points:

1. The US Constitution’s First Amendment and the California Constitution’s protection of free speech raise serious question about the City’s approval of use of public property by a local newspaper with notorious and biased views on controversial local civic issues. The Post apparently operates as City Hall’s media outlet for these important issues by most often favoring the Council majority, by masking the Post’s editorial viewpoint as objective front page reporting, and by denying equal space for opposition viewpoints.

2. There are very serious conflict of interest issues involved in any Council action necessary to allow use of public property by the Piedmont Post.

3. Very real and substantial issues arise under Section 9.02 of the City Charter whether any change in use classification, with the exception of an owner’s voluntary request to zone the owned property to residential, requires an affirmative vote at a special or general election.

4. The Planning Commission recommended not-for-profit businesses be “non-political.” To be consistent, all businesses must be “non-political”  if eventually allowed rental space on City owned public property.

Sincerely,

Rick Schiller, Piedmont Resident

Editors Note: Opinions expressed are those of the author.

Little Public Involvement in Zone Use Changes

The Planning Commission did not make a recommendation to the City Council on whether voters or the Council can make final changes to land uses within zones.

The Planning Commission has considered the Planning Department’s proposals with little resident participation.  In our City of over 10,600 residents and over 3,800 households, a total of only 17 individuals have participated in Planning Commission meetings to provide input that impacts all Piedmont property, resident lives, and long term uses of land in Piedmont.  Former Planning Commissioners and the public in general have noted they were unaware of the considerations.

 Changes proposed are vast and long reaching.   Too numerous to list here, but some changes include:

• reduced parking requirements
• interchangeable land uses between zones
• extensions to buildings
• intensified use and development in the Civic Center (near emergency services and 3 schools)
• increased staff consideration and approval of proposals
• elimination of all building requirements for the Public Zone (This includes all public properties.)
• changed building standards including elimination of privacy attributes.

Voters Right Eliminated Without a Charter Change –

For decades the application and interpretation of the Piedmont City Charter referred to classification and reclassification as land uses within zones requiring voter ratification. Recent proposals by the Planning Department and opinions by Piedmont’s new City attorney takes away the right of Piedmont voters to approve zone land use changes.

The newly devised legal interpretation allows any use to be in any zone as long as the boundary lines are not moved and the City Council approves the land use change. Required voter approval of land use changes have been dismissed without changing the City Charter.

Unlike recent Recreation Department’s outreach to Piedmont residents, important zoning changes have lacked public input – no round table discussions, well attended public meeting, free exchange of ideas between the Planning Commission and residents, or polls and surveys.

The Planning staff will present an update on proposed changes to Chapter 17 at the City Council meeting September 19, 2016  in City Hall.

The staff report can be read here. 

A PCA article on the questioned legal interpretation of land use changes in Piedmont can be read here.

Available funds to go toward developing plans for Linda Beach and Coaches Field are on Council agenda for Sept. 19, 2016. The Coaches Field Feasibility Plan will investigate expansion of the playfield area. The Linda Beach Master Plan would include a new layout for the tot lot.

Agenda here.

Read about the appropriations for the Linda Beach Master Plan and Coaches Field Feasibility Plan here.

After numerous meetings of the special Aquatics Master Plan Committee, the plan, as currently developed, will be presented at the Recreation Commission meeting which is open to the public and broadcast.  The Draft Aquatics Master Plan will be presented near the end of the Wednesday, September 21 meeting held in City Hall.  The meeting begins at 7:30 p.m.

Click > september-2016-recreation-commission-packet to read the agenda and prior Recreation Commission minutes.

The Piedmont Post’s Misrepresentations and Bullying Continue – 

The Piedmont Post’s September 14, 2016 edition headline reads “School District Hit with Ethics Charge: Conflict of interest revealed in naming of Athletic Director.”  By itself, this headline misleads the public.  First, to my knowledge no “ethics charge” has been filed against the District and none is revealed in the article. Rather, it is just the Post asserting an “ethics charge.” Second, there is no conflict of interest whatsoever revealed in the article.

The facts, even as twisted in the Post article, are simple. Mr. Acuna worked with his future fiancé, Ms. Villareal, in Arizona, and in 2014 she moved back to the Bay Area.  Ms. Villareal is the sister of Mr. Mapes’ wife.  In January 2016, Mr. Mapes, Assistant Vice-Principal at PHS, posted the Interim Athletic Director position on an education job website.  Mr. Acuna, now engaged to Ms. Villareal, applied for the job.  A committee (not including Mr. Mapes) reviewed the applications, interviewed five applicants, and selected Mr. Acuna for the job.  Based on Mr. Acuna’s performance as Interim Athletic Director, the PHS Principal (not Mr. Mapes) recommended Mr. Acuna for the permanent position.  Other staff, coaches and Booster Club representatives (not Mr. Mapes) supported Mr. Acuna. The Superintendent (not Mr. Mapes) hired Mr. Acuna as Athletic Director.  Like every other business or organization, we encourage staff to identify highly qualified candidates for open positions here, but no one with a potential conflict of interest plays a role in the selection process.  Aside from posting the job notice, Mr. Mapes played no role in selecting Mr. Acuna. There is no conflict of interest.

The Post also cites Board Policy 4112.8, which provides: “In order to preclude situations which could bring about a conflict of interest for members of the administrative staff, an employee shall not be appointed to a position where a member of his or her immediate family maintains hiring, supervisory or evaluation responsibilities for the position.” A good policy and not applicable here.  As an initial matter, Mr. Acuna’s engagement to Mr. Mapes’ wife’s sister does not make him part of Mr. Mapes’ “immediate family.” More importantly, Mr. Acuna reports to the PHS Principal, Brent Daniels.  Mr. Mapes has never had “hiring, supervisory or evaluation responsibilities” for Mr. Acuna.

The Post should be ashamed of continued harassment of District employees, now expanding from Mr. Acuna and Superintendent Booker to include Mr. Mapes.  When challenged on false statements, the Post does not apologize, but rather doubles down with personal attacks.  The stalking of Mr. Mapes’ or Mr. Acuna’s Facebook page is just creepy.  The Post’s unsupported personal attacks are hurtful to people who have dedicated their lives to educating our children.  Mr. Mapes posted a job notice. Mr. Acuna applied for the job to be close to his fiancé. Superintendent Booker did his job by picking an Athletic Director who was strongly supported by staff, coaches and involved Booster Club parents.  They have done nothing to deserve the Post’s abuse.  Whether the Post has a personal grievance against the District, just wants to create controversy, or seeks to tarnish Piedmont’s reputation for some unknown reason, it is unfair and improper to misrepresent the truth.

Rick Raushenbush, Piedmont School Board Member

Editors Note: Opinions expressed are those of the author.

School Board member asks community to consider the charges and respond. –
Yesterday, I charged my cell phone. Yesterday, I charged a book on Amazon. Yesterday I charged up the PMS stairs to a site council meeting.  Yesterday, the Post charged the school district with ethical breaches regarding the recent hiring of our Athletic Director.

The word “charged” has all kinds of meaning in today’s world. Some serious, some not. To have “charged” our school district with ethics violations is serious business. With potentially serious consequences.

I am begging (not charging) any of you who care about the Piedmont Schools to understand what happened in this process.  Decide for yourselves whether there are grounds for such a serious and hurtful allegation. And if you find they are baseless, which I’m confident you will,  make your findings known to your neighbors and the editor of the Piedmont Post.

Doug Ireland
Piedmont Unified School District School Board member

Editors Note: Opinions expressed are those of the author.

Vice Mayor McBain describes Council accomplishments.

I’ve had the privilege of serving on the Piedmont City Council for the past four years.These years are marked by significant achievements. I’m seeking reelection to continue to build on the constructive steps that we have taken to improve Piedmont. I believe that my experience and leadership have helped produce strong results for our community. As an incumbent, I’m proud to run on both my record and my commitment to continue to offer open-minded, collegial and productive leadership.

• Since 2012 the Council has taken actions that strengthened City’s finances, controlled costs and addressed long-term liabilities.   For instance, the city will save almost $1 million annually from restructured employee benefits. The CALPERS side-fund–an expensive pension obligation—was refinanced and will ultimately save the City more than $1 million. Further, council adopted the strong advice of the 2007 and 2011 Municipal Tax Review Committees and the 2015 Budget Advisory and Financial Planning Committee that recommended, given volatile real estate-related taxes, the City council must budget conservatively and establish strong reserves. Council has taken those steps and funded facilities maintenance, equipment replacement and long-term pension and health care obligations. And we have taken major steps to address deferred maintenance and our obsolete and unreliable technology. The City’s financial condition has improved materially during the past four years.
• In 2012, citizens were anxious about city projects and the associated unplanned expenses. Council adopted risk management policies to ensure projects are well-planned and fiscally sound.
• In 2012 and early 2013, crime increased significantly. Council responded by bringing in a talented chief, Ricki Goede; we supported her efforts to fully staff, train and equip a responsive and professional public safety organization. In that context Council provided resources to improve technology, such as the highly effective License Plate Readers.  Council supported the Public Safety Committee and the Fire Department in establishing updated community-wide Emergency Preparedness programs.
• Four years ago, no one anticipated that most of the City’s senior staff would retire.  In response, the Council hired experienced, talented professionals to replace retiring City staff. The commitment to provide a high level of professional service continues across the City departments.
• The Council finalized an EPA settlement and restarted the sewer replacement project without increasing sewer taxes. This is a major step environmentally and also puts the City on a fiscally sound and aggressive path to meet it legal obligations.
• Finally, the Council initiated several important community projects; Hampton Field Renovation, Linda/Kingston Triangle, Ramona/Ronada Triangle and refurbished Community Center. These projects all benefit the entire community.

I was liaison to the Planning, Park and Recreation Commissions and Police and Fire Pension Board.  Previously, I was Chairman of the Recreation Commission, member of the Municipal Tax Review Committee, Board member of the Piedmont Education Foundation and held leadership positions in numerous school and youth sports organizations. My wife and I have lived in Piedmont for 27 years and raised three children here. My career in finance and management along with my broad community experience allows me to provide constructive leadership and listen to all viewpoints. I look forward to another four years of service and building on the strong results of the past four years.

Sincerely,

Bob McBain

Vice Mayor, City of Piedmont

Please visit my website for more information and endorsers.  http://www.mcbaincitycouncil.com/

Editors Note:  While welcoming candidate information, the Piedmont Civic Association does not support or oppose candidates for public office. 

       “The Beat (down) goes on”

I recently attended a beautiful memorial service for a 93-year old aunt, a much-beloved and longtime elementary school teacher. Her son, a senior member of the US State Department and ambassador to an eastern European country spoke eloquently about his mother’s influence on his life. In their last conversation, he thanked her for making him the man he is. In her infirmity but ever the teacher, she corrected him by saying she did not make him the man but rather allowed him to become the man he is.

I bring this up because the school district recently reported stellar results from last year’s CAASPP tests which replaced the previously administered STAR tests. Like our aunt, we can’t claim credit for the success of our great students. They do the work and put in the effort to excel in school and on these tests. It is the role of the district and the school board, like the mother cited above, to allow the students to become the individuals they are.

Our schools continue to shine and thus, attract families moving to the area. As they do, the demand bolsters local housing values. Good for the kids, good for parents, good for taxpayers with and without children in school. A win, win, win scenario. In other words, something to celebrate.

I’d like to thank The Piedmonter for recognizing this extraordinary success with their September 2 front page headline: “PUSD Student Test Scores Tops in Nor Cal.” In contrast, I continue to be baffled at the hostility leveled at the district administration and board by the Piedmont Post. Their latest page one featured a full color, detailed street sweeping schedule change and an assault on our superintendent. The CAASPP results, buried on page seven, paragraph four portrays a twisted sense of priorities for the paper.

Previously, the Post suggested the school administration is top heavy and the board is not scrutinizing district decisions. To the contrary, in anticipation of sweeping curricular and technological change, the board approved and the district created two director-level positions, Curriculum and Instruction (C&I) and Technology to prepare for those pending challenges. The tests, which our students just nailed, are in a new format covering new material. To achieve this result, common core standards were introduced as mandated by the state. Our fantastic, hardworking teachers incorporated those changes in their classrooms. And the tests were administered in a new format requiring computer competency. We took these measures by relying on the experts in the district office to educate us about emerging trends, articulate the needs for the district and identify the talent to insure continued excellence in our schools. And we now have results to support those moves.

Over the past year, the drumbeat of ongoing attacks from Post editorial staff with misleading or fabricated data, false allegations and sloppy reporting has endeavored to undermine Piedmont’s faith in the school board’s stewardship. Meanwhile, our schools continue to produce fabulous outcomes in graduation rates, college acceptances, student wellness, state testing and national rankings. This is tremendous success for which we all should be proud. And like our recently deceased aunt, we don’t claim to have made these students who they are but we believe we are providing a platform from which they can soar. I hope you’ll agree.

Doug Ireland, PUSD School Board Member

Editors Note:  Opinions expressed are those of the author.  

The Piedmont Civic Association on August 31, 2016 published an article on the CAASPP scores which can be read here< “Piedmont Schools Show Excellent Results on Statewide Tests.”

I am running in the November City Council election.  If readers are interested in my background, campaign issues and list of endorsers, my campaign website may be found at www.levineforpiedmont.com.

House Parties

I will be attending some house parties in the next few weeks to meet with Piedmont residents and discuss my campaign.  If any Piedmonters would like to attend, the house parties will be on the following dates:

• Tuesday, September 13 at 8 pm

• Sunday, September 18 at 5 pm

• Monday, September 26 at 8 pm

• Thursday, September 29 at 8 pm

Anyone who would like to attend should rsvp to: levineforpiedmont2016@gmail.com with the date they would like to attend.  The location of the event will be provided by return email.

Thank you.

Jonathan  Levine, Appointed City Council Incumbent

Editors Note: While encouraging candidate information, PCA does not support or oppose candidates for public office.

“The Piedmont Post Again Makes Baseless Attacks on School District – “

The Sept. 7, 2016 Piedmont Post includes a front page article entitled “School Supt. Sidesteps public hiring in naming Director of Athletics.”  Once again, the Post disregards basic journalistic integrity in making baseless accusation and insinuations against the Superintendent.  The Post’s bias is evident by the placement of this claptrap on the front page, while burying on page 7, with the ho-hum headline “PUSD scores well in new state testing,” the news that Piedmont students’ scores on CAASPP testing for unified school districts tied for 1^st in California in math and 3^rd in the State for English Language Arts.  The flaws in the Post’s reporting include:

• The Post asserts that Superintendent Booker’s hiring of the Athletic Director “displayed an attempt to limit publicity and avoid an open search process.”  Not true.  As the Post knows, “the District advertised the position to recruit an Interim Athletics Director on a contract basis for January through June of 2016.  The District received 22 applications.  An interview committee, consisting of administrators, coaches, and parents, interviewed five candidates.  Mr. Victor Acuña was selected for the interim position due to his extensive experience and positive recommendations.”  http://www.piedmont.k12.ca.us/blog/2016/08/09/joint-letter-to-families-from-the-superintendent-and-phs-principal-re-director-of-athletics-position/.  If the Post means to suggest that the District needed to repeat this process for the 2016-17 school year, after the District and parents were delighted with Mr. Acuna’s performance to complete the 2015-16 school year, that is ridiculous. By failing to mention the open search process, the Post misleads.
• The Post article provides a lengthy discussion of the CSEA collective bargaining contract with the District. One might think the CSEA contract somehow applies to the Athletic Director position—otherwise, why would the Post discuss it?  But it does not, as the Post was informed when it contacted the District.  The Athletic Director position is “classified management” because it does not require an academic administrative credential.  Use of the word “classified” does not render the position subject to the CSEA contract.  The Post declined an offer to discuss any questions with the Superintendent.  Why would an “investigative journalist” decline a chance to interview the obvious target of the article?  Don’t facts matter?
• The Post continues to comment that it has not been given Mr. Acuna’s resume. The Superintendent long ago informed the Post that the District does not give out information that includes an employee’s personal information.  However, the Superintendent provided the Post with all the information about Mr. Acuna’s prior employment.  There is no issue.
• • In fact, the Post is fully aware of Mr. Acuna’s previous jobs. The Post reporter called Mr. Acuna’s supervisors at two former jobs posing as someone conducting “reference checks.”  When challenged, as both already had provided reference checks to the District and knew Mr. Acuna was working here, she admitted she was from the Post.  Please note that the Post previously accused the District of not conducting reference checks—I suspect we will wait a long time for an apology from the Post.
  • The Post asserts the “title of the newly created job is misleading.” It is hard to see how.  Acuna oversees all PHS athletics, which are the only athletic programs the District runs.  He oversees all athletic facilities, including District facilities used by the Rec Dept., which runs non-school programs for PMS and elementary students.

  Basic journalistic ethics requires at least some attempt to provide accurate information.  The Post seems to go out of its way to avoid accurate reporting, ignoring the information it is given and declining to meet with the Superintendent.  I am finishing up 8.5 years on the School Board.  Throughout Superintendent Hubbard’s tenure, the Post levied unsupported attack after attack on her and the District.  Now, this sad Post tradition seems to be continuing over to Superintendent Booker.

  Given the tremendous job being done by our education professionals in Piedmont, the reason for these attacks are a mystery.  But it is harmful.  The District is not able to match salaries paid by many surrounding school districts, but has been able to attract talented people because it is a great place to work.  The Post’s attacks undermine that feeling of community support and appreciation.  Families also move to town because of the great schools.  The Post’s baseless attacks harm that reputation as well.

  Rick Raushenbush, School Board Member

Editors Note: Opinions expressed are those of the author.