Feb 23 2016

I estimate that taxpayer expenditures total $1,806,845   (taxpayer cost estimate updated on Feb. 26, 2016 to $1,640,000 -see comment below) directly related to the Piedmont Hills Undergrounding District (“PHUD”). This is public money for private benefit as Appeal Courts have found in other cases. As litigation is concluded, it seems appropriate to close the undergrounding debacle with transparency and not bury it in bedrock. I base my total on the following direct expenses and credits:

  •  Nov. 16, 2009, taxpayer cost to repair Crest Road: $275,000
  • Dec. 12, 2009, Council gives $1,004,832
  • Feb. 6, 2010, Council gives $1,127,013
  • Litigation expense up to Sept. 30, 2012 is $118,739
  • I estimate additional litigation cost at $298,260 to Feb. 2016.

I put a letter in to City Council asking for the total litigation cost with no response. I speculate the $417,000 Harris settlement covers litigation cost. Credits include $917,000 litigation settlements and PHUD offered to contribute $100,000.

$616,491.50 cost for another private underground district –

Additionally there is $300,000 in City litigation cost plus $316,491.50 settlement cost for $616,491.50 total taxpayer expense for the neighboring Sea View Undergrounding District that fortunately did not go forward. How many millions more would we have spent excavating bedrock next to PHUD had Bert and Deborah Kurtin not brought suit to stop that District?

A Feb. 6, 2010, City Council Resolution states: “WHEREAS, while the City Council requests that any funds expended by the City for completion of the construction project that are not recovered from legal actions against responsible parties be contributed by residents of the District.”

There is no action on or acknowledgement of this resolution.

This June a 30% higher parcel tax will be put before voters.

Rick Schiller, Piedmont Resident

Editors’ Note: Opinions expressed are those of the author.
3 Comments »
Feb 23 2016

Announcement:

Piedmont Unified School District

 TK-5 Elementary Enrollment Day

Please join us for the

PUSD Elementary Enrollment Day on March 8th.

Location: Ellen Driscoll Playhouse:

325 Highland Avenue

To minimize wait time, please sign up in advance to confirm your time slot:

http://data.piedmont.k12.ca.us/elementary/

Please visit the district website for more information on enrollment, required documents and other information: www.piedmont.k12.ca.us/district-info/enrollment

Feb 22 2016

City regains $917,000 out of over $2 million – 

Over 5 years ago, City Council members were suddenly informed about construction cost overruns for installation of underground utilities in the private utility district known as the Piedmont Hills Underground Assessment District.

To complete the underground work and litigate the matter cost the City was well over $2 million.  The final cost arising from the problem is not known at this publishing.

The City brought litigation against two engineering firms, Robert Gray and Associates and Harris and Associates, who were responsible for the underground project design work.  Settlement with Gray was $500,000 and combined with the $417,000 Harris settlement equals $917,000. 

The City in approving the private utility district contracts assumed the project risks for the private project, which proved to be financially consequential.  The plans had not indicated the large amount of rock encounter in the excavations resulting in significant additional cost to complete the project. Various individuals and entities were considered to be potentially culpable in the matter.  Known legal action was taken only against Gray and Harris.

Press release from City:

City Announces Settlement with Harris & Associates

At its regular meeting of February 16, 2016, the City Council approved a settlement agreement with Harris & Associates, the second of two engineering firms that the City had sued to recover costs associated with the Piedmont Hills Underground Assessment District. The City previously settled with the other engineering firm, Robert Gray & Associates.

The City filed suit against engineering firm Harris & Associates in April 2011, alleging causes of action for both breach of contract and professional negligence related to Harris & Associates’ engineering practices. The agreement provides that Harris & Associates will pay the City $417,000 to settle the suit.

“This settlement brings an end to our legal disputes relating to the Piedmont Hills Undergrounding Project, provides the City with partial compensation, and allows the City to put this unfortunate chapter in our history behind us and to focus our attention on Piedmont’s bright future,” said Mayor Margaret Fujioka.

“This settlement is the result of protracted negotiations with Harris & Associates and their attorneys,” said City Attorney Michelle Marchetta Kenyon. “While the attorneys representing us in this case would have worked tirelessly to prevail in a lengthy trial, settling this case best conforms to the City’s long term interests.”

Read the staff report and correspondence on the settlement with Harris & Associates

<<<  To read a full accounting of PCA reporting on the subject, click “Undergrounding”on the left side of this page and scroll down. 

2 Comments »
Feb 22 2016

No tax on parcels results in over $1 million School District revenue loss.

On February 11th at the invitation of Piedmont Unified School District (PUSD) Superintendent Randall Booker, I met with PUSD attorney Mark Williams to hear his perspective on issues I had raised about the legality of exempting certain assessors’ parcels from payment of the school support tax, Measure A. The discussion turned out to be relatively pointless, however, since the District had already quietly decided to continue all current exemptions based on Mr. Williams’ assurances that these exemptions would withstand a legal challenge. This was done with the concurrence of the School Board in spite of a substantial loss in revenue.

His presentation was thorough — although at times confusing, especially on points seemingly irrefutable. Nine months ago Mr. Williams himself said only owners who qualified for SSI were legally exempted. He now believes the other Piedmont exemptions are perfectly legal, based on his review of case law. However, the relevance of case law is questionable. The very court filing that necessitated Measure A in the first place said, “The courts cannot recalibrate the taxing power statutorily delegated to local entities;; any adjustments in that regard must be made by the state Legislature.”

There was a lengthy discussion about exemptions given to church-owned parcels. The State Board of Equalization defines Measure A as a special assessment tax and not a property tax, and makes it clear that churches, while exempt from property taxes, are not exempt from special assessments. A clause initially in the proposed measure that would have allowed this exemption was not in the full text of the final measure. My research shows that other churches in Alameda County cities are indeed paying their respective school taxes as a special assessment.

The attorney did not cite a law that allows a property owner to exempt only the Piedmont school tax from his other special assessments such as the city municipal services tax. Also, the exemption given to small, unimproved second parcels, which enable an owner to pay the school tax only once, may be an equitable district policy but is evidently not a law that would take precedence over Measure A. After the measure became effective, three owners legally combined their two parcel lots into one, and thereby avoided paying the tax twice without need of an exemption.

The meeting was ended without discussing the single parcel lots that have an Oakland street address but are also partially in Piedmont. According to the measure, parcels partially in Piedmont are to be taxed. Two are paying the tax but ten are not.

In summary, I heard scant justification for continuing the exemptions that I believe to be unlawful based on the documents I have read. The measure itself allowed no such exemptions, and would be unlawful if it had.

Several questions remain unanswered. Why are some parcels in a given group exempted but others are not? For every parcel that is being exempted, I have identified a similar one that is not being exempted — several even side-by-side on the same street. Only 15 of the 77 vacant residential parcels are exempted. The district is well aware that these exemptions are being made but no one has as yet taken responsibility for making them.

At the very least, Piedmont Unified School District owes the taxpayers a plausible explanation as to why it makes sense to continue these exemptions. Seven more parcels have been added since the measure became law. What does the district gain in exchange for giving up more than a million dollars in revenue over the eight-year life of the measure?

William Blackwell, Piedmont Resident

Read prior Blackwell article. 

Editors’ Note:  Opinions expressed are those of the author.
2 Comments »
Feb 19 2016

Time to join the Piedmont Unified School District (PUSD) Administration’s effort to plan for a 21st century education – 

Last August, the School District launched a process to develop a plan to upgrade our secondary school facilities. Our superintendent organized a number of meetings with parents, teachers, students, and the community at large, with the broad ambitious goal of looking far ahead asking two fundamental questions: How should we educate our students to best prepare them to function in our 21st century economy? What facilities do we need to support these evolving methods?

The process is on-going and the plan is in the early stage of formation. The superintendent put no boundary on the scope of the plan. Many needs have been identified some driven by the educational vision, some by the nuts and bolts issues of decaying mechanical and electrical equipment. The goal is to develop such a compelling plan that the community says: “This is the obvious thing to do for our children; let us find a way to finance it, and work out all the problems to make it happen”. Hopefully we can recreate the success that the new Havens School has been.

A number of documents are available on the District web site: a DRAFT Facility Site Assessment Report; a  DRAFT Educational Specifications Report; a Draft Master Plan put together by QKA, the architect hired by the District to help in the planning;  and a presentation by KNN, the District Financial Consultant. Most of the plan is focused on the High School and Middle School Magnolia campus.

Today, I am impressed by the ambitious scope and the work done to-date. I support the viewpoint expressed on this web site by the PiedmontMakers Board of Directors. The foundation of the Bay Area Economy is creativity. Creativity is rooted in the arts, in engineering, and in the laws of physics that underpin engineering. Our children needs to acquire the skills and knowledge that will enable them to thrive and contribute in that environment. Making things from an early age is a great enabler to achieve these goals.

I am also grateful to the teachers and parents who have made the arts alive and well in Piedmont. The self-confidence, debate and people skills acquired through the performing arts are key to effective leadership in every profession and to achieving a fulfilling life.

It is very significant that the most popular TED talk of all times is the one by Sir Ken Robinson making an entertaining and profoundly moving case for creating an education system that nurtures (rather than undermines) creativity. So the citizens of our country interested in new ideas have voted that nurturing creativity is the most important educational goal for our future.

As community, let us make a strong statement about our commitment to the Arts and Sciences through the construction of two new buildings one for the Arts and the other for STEM (Science, Technology, Engineering and Mathematics) on both side of a new entrance.

As a scorecard, the District should use the STEM Public High School Achievement Index published by U.S. News. The index is based on the percentage of all the Advanced Placement (AP) test-takers in a school’s graduating class who took and passed college-level AP STEM Math and AP STEM Science tests. The higher a high school scores on the STEM Achievement Index, the better it places in the Best High Schools for STEM rankings. In 2015, a dozen schools in the Bay Area place ahead of Piedmont High School. Let us set the goal to become the best STEM public high school in the country within the next six years.

Please get involved and let your opinion be known through this great forum.

Bernard Pech, Piedmont Resident

Editors’ Note:  Opinions expressed are those the author.

3 Comments »
Feb 17 2016

Entrance to City Hall and Council Chambers renovated – 

On May 18, 2015, the City Council unanimously approved $62,000 for millwork and carpentry by Mueller/Nicholls as phase I of the City Hall Entry Renovation Project. The complete design plan, estimated to cost $100,000 was approved by the Council on April 20, 2015. The funds would largely be drawn from the City’s Facilities Maintenance Fund in order to improve the “aesthetics, circulation, and functionality of the entrance hallway”.

IMG_2897 City Hall door 116

Entrance to Piedmont City Hall at 120 Vista Avenue

216 City Hall Front Door IMG_3083

New sign and Piedmont seal over the entrance to City Hall.

216 Video screen in entry wayIMG_3080

City Hall entry with new video monitor and cabinetry

216 City Hall videos in Entry IMG_3075

Video monitor showing historic Piedmont home

216 Entry to Council Chambers IMG_3076

Entry to Council Chambers and plaque listing all Piedmont mayors and council members

IMG_2901 Mayors and Council Members 116 Plaque

Plaque listing all mayors and council members

IMG_2900 Council Members 116 Photo

Photograph in entry to Council Chambers picturing the current City Council:

Council Member Teddy King, Vice Mayor Jeff Wieler, Mayor Margaret Fujioka, Council Member Bob McBain and Council Member Tim Rood. 

Feb 17 2016

Recreation Commission to Discuss Temporary Changes to Beach Playfield Use Restrictions

The Piedmont Recreation Commission will consider a recommendation to the City Council to make temporary changes to use restrictions for Beach Playfield on

Wednesday, February 24, at 7:30 pm

in the City Council Chambers, 120 Vista Avenue, Piedmont. These temporary changes would accommodate sports and other programs displaced by construction at Hampton Field.

Hampton Field is likely to be closed for construction from June 2016 to February 2017.

Closure of Hampton Field will have significant impact on Recreation and youth sport club programming due to the limited available field space in Piedmont. Hampton Field is one of three City owned sports fields in Piedmont.

The current use restrictions for Beach Playfield are as follows:

 No scheduled use on Sundays.

 Saturday use for soccer is allowed between 9:00 am and 5:00 pm.

 Baseball and softball games are allowed to take place between 10:00 am and 4:00 pm.

 Field lighting can be operated until 9:00 pm on Mondays, Tuesdays, Wednesdays and Thursdays for no more than sixteen (16) weeks per year for soccer only.

You are invited to attend the Recreation Commission meeting and express your opinion. This meeting will be televised live on KCOM-TV, Channel 27, the City’s government TV station and will be available through streaming video on the City’s web site          

 www.ci.piedmont.ca.us.

You may write your opinion and address the response to the Recreation Commission c/o Piedmont Recreation Department, 358 Hillside Avenue, Piedmont CA 94611 or send an e-mail to slillevand@ci.piedmont.ca.us .

For further information, contact Recreation Director, Sara Lillevand, at (510) 420-3073.

1 Comment »
Feb 17 2016
The following letter was sent to the Piedmont Unified School District Board on Feb 8, 2016.

PUSD Master Facilities Plan.

To the School Board,

We are writing in strong support of S.T.E.A.M. (Science, Technology, Engineering, Arts & Math) focused modernization at Piedmont High and Piedmont Middle School to be prioritized in the PUSD Master Plan and funded by a November 2016 bond measure.

Piedmont Makers is a 501(c)(3) non­profit parent support group focused on S.T.E.A.M. education advocacy in town. Our group is relatively new (we formed in January 2014) but we have been quite active in creating monthly K­12 Makerspace events at the Piedmont Middle School shop, monthly Tech Social community gatherings, and organizing the yearly K­12 Piedmont School Maker Faire, among other activities.
 `
Our board is made up of Piedmont parents with students in the elementary, middle, and high schools who have come here to build our careers as engineers, designers, entrepreneurs, investors, artists, and architects on the doorstep of Silicon Valley because we believe it is the best place in the world to create. We in turn moved to Piedmont because we felt it was the best community in the Bay Area to raise our families and educate our children in the public schools.
 `
The need for better S.T.E.A.M. education to prepare students for 21st century careers is clear. Local companies that are driving the global economy like Apple, Pixar, Google, and Tesla are built upon the intersection of S.T.E.A.M. disciplines to create incredible products, movies, apps, cars, and more. It is exciting to see Piedmont educators already teaching across S.T.E.A.M. disciplines today with project­driven courses like Mr. Saville’s Maker elective at Piedmont Middle School and Mrs. Chamberlain’s Physics of Alternative Energy at Piedmont High School. But we need to do more. We need to give our teachers and students best ­in­ class facilities to put our children in the best position to succeed in an economy that is is increasingly S.T.E.A.M.­ driven.
 `
With two years of experience running S.T.E.A.M. programs in Piedmont, we can confidently say the demand for more S.T.E.A.M. educational activities is strong. Recent Friday night Tech Social events like Learning Minecraft Mods and Learning Animation (led by a Pixar Piedmont parent) attracted on average 100 students & parents. Recent Sunday Makerspace events like 3D Printing! and Learn to Solder have sold out all available seats in the Piedmont Middle School shop. Our 2015 School Maker Faire attracted over 80 student, teacher, and community Makers to exhibit their projects to nearly 1,000 attendees.
 `
We ask the district and the school committee to be bold. Much as Piedmont led California in the adoption of K­12 Computer Science standards two year ago, we ask the school board to again lead to bring our secondary school facilities into the 21st century. We cannot continue the outdated education models that keeps art separate from science, and makerspaces separate from computer labs. The emerging Next Generation Science Standards (NGSS) clearly call for creating more flexible spaces to encourage interaction between disciplines and can withstand more messy, creative activities. We need new facilities that support building the skills in our students that we see every day in our jobs ­­ artists collaborating with scientists, entrepreneurs pitching ideas, engineers working with designers, and more.
 `
Imagine if the gateway to the Piedmont High School campus were a new S.T.E.A.M. building that combined disciplines, facilitated project-­based learning, and inspired our students to create.  What a gift to Piedmont that would be.
 `
Thank you for your consideration,
 `
Piedmont Makers Board of Directors:
David Ragones, President, Beach Parent. Bryan Cantrill, Secretary, Beach Parent. Ayyana Chakravartula, Treasurer, VP Tech Social, Wildwood Parent. Patrick Collins, VP School Maker Faire, Beach Parent. Jane Lin, VP Makerspace, Beach Parent. Sally Aldridge, VP Makerspace, PMS Rep Wildwood, PMS Parent. Wendi Sue, VP Makerspace, Wildwood Parent. Dion Lim, VP Tech Social, PMS Parent. Noelle Filippenko, VP Tech Social, Havens Parent alumni. Kurt Fleischer, VP Mentorship, Beach, PHS Parent. Jason Meil, VP Art & Design, Havens, PMS Parent. Larraine Seiden, VP Art & Design, Havens Parent. Vince Monical, PHS Rep, PHS Parent.
Editors’ Note:  Opinions expressed are those of the authors.
1 Comment »
Feb 13 2016

Honoring President’s Day and delaying their meeting one day, the City Council will convene on Tuesday, February 16 at 7 p.m. in a Closed Session with legal counsel in the City Hall Conference Room to discuss litigation concerning Harris & Associates, the engineering firm instrumental in the failed and costly private underground utility district.

At 7:30 p.m. the City Council will begin its Open Session in the Council Chambers, with the Consent Calendar:  approve Council liaison assignments, approve catastrophic leave donations for Firefighter David Abernethy, and authorize a settlement with Harris and Associates in the amount $417,000.

Next the Council will take up its regular agenda, including the 2014-15 Audit Report, 2015 Piedmont Crime Report, Police Computer Upgrade in the amount $426,205, Emergency Operations Plan Update, Midyear Fiscal 2015-16 Report, and Midyear Appropriations increasing budgeted expenditures by $964, 250.

The meeting is open to the public, broadcast live.  A copy of the meeting will be retained in the city’s archives.

Read the agenda.

Staff reports:

Council liaison assignments for 2016

Catastrophic leavdonation

Settlement agreement with engineers Harris & Associates

Audit Report

Year End Crime Report

Dispatch Software Purchase

Emergency Operations Plan

Mid-year Financial Report

Mid-year Additional Appropriations 

1 Comment »
Feb 7 2016

School capital improvement program to be considered by Board of Education.

At the Piedmont Unified School District Board meeting Wednesday, Feb. 10 at 7 p.m. in the City Hall Council Chambers, the Board will consider finalizing a School Facilities Master Plan. Funding sources and the total cost are not known at this time.

The Facilities Master Plan process combines the goals of PUSD’s Education Specifications and the information collected by the design team (including facility assessments) into a comprehensive plan for the schools of the Piedmont Unified School District. District staff and Quattrocchi Kwok Architects will present the PUSD Facilities Master Plan for review by the Board of Education.

The meeting will be broadcast live on Cable Channel 27 and on the City website.  The meeting is open for public participation.

MODERNIZATION

The Facilities Master Plan process combines the goals of PUSD’s Education Specifications and the information collected by the design team (including facility assessments) into a comprehensive plan for the schools of the Piedmont Unified School District. The main product of the facility needs assessment and Facilities Master Plan is a detailed proposal for renovations and/or additions to be made at each school campus.

The facilities master planning process takes into account all of the information on the District’s facilities, the needs and desires of faculty, staff and the community and projections about future District needs and creates a comprehensive plan for each campus that addresses these issues. The plan looks at issues holistically and creatively to find unique and inventive solutions that fit the specific needs of each campus and community.

The final Facilities Master Plan document provides a clear narrative and graphic summary of the proposed facilities improvements for each campus and also provides the detailed information necessary to successfully plan and implement the improvements.

View the proposed plan here.

1 Comment »