Arbor Day Celebrated at Ramona/Ronada Triangle Project

The triangular pedestrian parklet at the intersection of Ramona and Ronada Avenues will be dedicated on Thursday, April 10 from 5:00 p.m. to 7:00 p.m. in celebration of Arbor Day. The celebration, open to the public, will feature speakers, tables, food, drinks, and music.

Long triangular peninsula reduces width of one of City’s biggest intersections

The project was initiated by Ramona and Ronada residents concerned about the safety of young children crossing the overly large intersection. Neighbors noted the lack of any crosswalks had been a problem for pedestrians and the excessive width attracted teenage daredevil teenage drivers, who spun their cars in “donuts”. Landscape architect Kimberly Moses developed a conceptual design that she and her neighbor Anne Marshall presented to the neighborhood and the Capital Improvements

Flow-through rain garden design is low maintenance

Projects (CIP) Committee. All the neighbors contributed to a garage sale at the homes of Hedi and Paul Gerken and Sherrie and Mark Arrabit that raised $1200 for the project. Neighbors presented the project to City staff, the Beautification Foundation and advocated it to the City Council.

Over the years of neighborhood advocacy, the Gerkins were ever vigilant. When Public Works staff arrived one day and started chalking an island in the middle of the intersection, Paul Gerkin  intercepted the crew and relocated them to paint the peninsula chosen by the neighborhood. It remained just a painted outline for several more years while City Councilmember Garrett Keating helped keep the project alive.

Finally, the project was funded, with $107,354 CIP Funds, $1200 from the Ramona and Ronada garage sale, and $30,000 from the Beautification Foundation for a total project budget of $138,554, including $10,000 project management and $11,687 (10%) contingency funds. Parks project manager Mark Feldkamp prepared the final park plan details for bidding.

Crosswalks and new triangle help pedestrians cross the intersection

On April 30, 2013 three bids for the construction were received, ranging from $116,870 to $151,032. The low bidder, Cleary Brothers Landscape, Inc, was awarded the contract by the City Council on May 20, 2013.

On January 21, 2014 the Piedmont City Council noted that Cleary Brothers’ construction was completed under budget. The neighbors continued to play a central role. Marshall and Moses together with Parks Commissioner Nancy Kent accompanied Feldkamp on the visit to the nursery to select Mediterranean plants, appropriate for Moses’ flow-through rain garden concept. Chester Nakahara, Director of Public Works, told the Council that the intersection improvement had reduced traffic speeds improving pedestrian safety.

Neighbors  Mike Bott, Hedi and Paul Gerken, Anne Marshall, Jennifer Osgood, Jonathan Gerken, Kimberly Moses, Sherrie Jewett with Rue, Alisha Lewis with Rooney and Grace Sanford gathered in their parklet in advance of the dedication.

When the City Council considered the appointment of a chairperson for the Public Safety Committee at their March 17 meeting, various council members recalled conducting their selection of commission and committee members in Closed Session.  However, Piedmont’s Acting City Attorney Michelle Kenyon informed the Council that the Brown Act, California’s sunshine law, had no exception for consideration of appointments to committees or commissions, including a chairperson, to be held in a Closed Session.

Kenyon’s legal opinion was questioned by Vice Mayor Jeff Weiler, who informed Kenyon that the Council had always had their deliberations on applicants in Closed Session. Councilmember Bob McBain stated that the interviews were held in a de facto Closed Session.

Weiler probed Kenyon to opine on whether the Council had previously been breaking the Brown Act law, but she declined, stating she did not have all of the facts.

The Brown Act is the backbone of public involvement in public decisions. The Brown Act details what can and cannot be discussed in Closed Session, what agendas must specify, when agendas must become public information, and requires prompt reporting of action taken in Closed Session.

“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.

The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”

Ralph M. Brown Act

http://www.brownact.4t.com/

Recently, some Council watchers have noticed the Brown Act being more closely followed in Piedmont.  Agendas now include more specific descriptions of what is being discussed by the Council in Closed Session.  Also, the legally required reporting of action taken in Closed Session has become more explicit and timely.

Previously, undisclosed Closed Session discussions and actions alarmed some residents during consideration of the Blair Park sports complex development. Only through a public records request were facts and actions revealed. A legally binding agreement between the City and Piedmont Recreation Facilities Organization (PRFO) had been approved without notice to the public. The City Council had been meeting with attorneys representing project proponents PRFO in Closed Session.

http://www.piedmontcivic.org/2013/07/14/brown-act-compliance-issues-continue/

http://www.piedmontcivic.org/2011/10/29/city-attorney-responds-to-pca-articles-on-brown-act-disclosure/

Charges of Brown Act prohibited serial meetings by council members have been made in the past.  Violations can occur when an external “point person” speaks to more than two council members and relays the information amongst the majority or three council members. Council members are prohibited from collaborating with more than one other council member.  Chains of communication, relaying information one member  to another, are also not allowed.   With specific exceptions, the law requires decisions impacting the public to be considered in public to allow the public to provide input on decisions, view considerations, and have access to information upon which decisions are based.

http://www.piedmontcivic.org/2013/07/01/opinion-council-violated-brown-act/

Workshop for Council and appointees ?-  

Piedmont has new Council members and soon newly appointed committee and commission members. A suggestion calls for a workshop involving all elected and appointed individuals to be conducted by the Acting City Attorney on the Brown Act, the City Charter, adopted Rules of Parliamentary Procedures, and Conflicts of Interest. 

Updated 4/9/2014

– In a novel Piedmont proceeding, the City Council deliberated publicly as to who should be the chairperson of the now permanent Piedmont Public Safety Committee (PSC). –

The PSC resolution adopted by the Council on January 6, 2014 calls for the Council to make a selection of the chairperson. (See Council minutes )  The resolution is unusual because the chairpersons of other Piedmont commissions and committees are chosen by the group, rather than the City Council. Additionally, the term of the chairperson of the PSC is three years, rather than a typical one year term for chairpersons.

Acting City Attorney, Michelle Kenyon’s instructions on the long established sunshine law, the Brown Act, prohibited the Council from moving the committee and commission selections to a Closed Session.  The selection process was awkward, as the Council for years had become accustomed to discussing and choosing among the committee and commission candidates outside of public view in “Closed Sessions”.  (see PCA article) .

The PSC charge requires the chairperson to participate in the selection and interviewing of prospective new members of the Committee. As the interviews for the Committee are to be held on March 31,  the Council moved ahead with the selection of a new chairperson.

Sue Lin, current PSC member and applicant for the chairperson position, stated the current chairperson, Michael Gardner, completes his term at the end of March, leaving a question of the necessity to replace him prior to the interview and selection date on March 31.

The Council discussed the two candidates, Sue Lin and Lyman Shaffer, giving both high praise and exclaiming how fortunate it was to have two experienced and capable individuals interested in becoming chairperson of the PSC. There were no negative comments made about either candidate. Statements by the Council emphasized the need to further develop emergency preparedness and increase collaboration with the schools.

Council member Teddy King made a motion to appoint Lin as chairperson for which there was no second until Mayor Margaret Fujioka asked Counsel Kenyon if she could second the motion. Upon permission, Fujioka seconded the motion. She then called for the vote, which failed with Rood, McBain and Weiler voting no.  A second motion to approve Shaffer as chairperson passed with aye votes from Rood, McBain, Weiler, and King. Fujioka voted no to the Shaffer appointment.

http://www.piedmontcivic.org/2012/03/31/council-appoints-residents-to-commissions-and-committees/

Annually, the Piedmont Board of Education is required to hold two public hearings on levying the Measure A parcel tax. The March 26 hearing is the first of the two hearings. The second hearing is scheduled for April 9.

The Measure A Subcommittee of the Budget Advisory Committee has recommended to the Board that the maximum amount be levied. Consequently, for fiscal year 2014-15 a 2% increase on the $2,406 parcel tax amount is expected. The public hearing will begin at approximately 8:10 p.m., following the 7 p.m. start of the Board meeting.

Comments on the tax levy can be addressed to all Board Members via aswenson@piedmont.k12.ca.us.  Below is the School District’s announcement.

“At their regular Board meeting of Wednesday, March 26, 2014, the Board of Education will discuss the levying of Measure A to be assessed for the fiscal year beginning July 1, 2014. In compliance with Government Code Section 6061 and ballot language, the Board will hold a public hearing and take action on the taxes at the Board meeting of April 9, 2014, which will be held in the Council Chambers of the Piedmont City Hall at 120 Vista Avenue, Piedmont, California. The public is invited to provide comment at either Board meeting or by email at the Board of Education at aswenson@piedmont.k12.ca.us“

Piedmont is entitled to receive approximately $500,000 in East Bay Regional Park District bond funds.  The funds originate from the approval in 2008 of Bond Measure WW.

To date, the Council has made no decision on how to spend the $500,000 available to Piedmont; however, the Council moved toward using the funds to renovate Hampton Field.

In 2011 the City Council expressed an interest in using the WW bond money to add lights to Coaches Field.  With the Coaches Field /Blair Park sports project no longer under Council consideration, the bond funds are being considered for another project.

Some previously mentioned uses for all or part of the $500,000 bond funds are: improvements to the Piedmont pool, a senior center in the Arts Center, Hampton Field renovation, implementation of the Blair Park improvement plan, access to Blair Park, and expansion of Coaches Field.

Hampton Field renovation design moves forward.

The Hampton Field Master Plan was approved by the Council in 2008. Drainage has been a problem at Hampton Field since the original construction in the late 1980’s, causing sand drifts onto the tennis courts and large open cracks in the court surface that present hazardous conditions for players. The grass playfield, used primarily for softball and youth soccer, becomes wet and soggy during rainy weather, requiring the field to be frequently closed to play.  Sod replacement has been an ongoing maintenance expense of approximately $25,000 per year. During heavy rains, sand and gravel are dumped onto a nearby street creating maintenance problems and a safety hazard.

At the March 3, 2014 City Council meeting, the Council voted to spend $135,238 toward construction drawings for implementation of the Master Plan for Hampton Field.  The project had been set aside during the economic downturn and emphasis on the Moraga Avenue/Blair Park sports complex.

Primary to the Hampton Field discussion was the staffs’ position that the project had already been approved and was not a new project. The current budget includes funding for the construction drawings. Public Works Director Chester Nakahara informed the Council that current estimates to complete the project  are approximately $2 million.

Hampton Field tennis courts showing cracks in 2011.

Council member Tim Rood inquired about compliance with the Council’s recently approved Risk Management Policy requiring assessment of proposed projects costing over $300,000.  Staff and some Council members indicated the Policy was not applicable because the project had already been approved. Nakahara indicated the Policy would be applied prior to final approval by the Council.

Rood questioned if the construction design contract had been reviewed by the City Attorney.  Mayor Margaret Fujioka explained that all contracts are and have been reviewed by a City Attorney for indemnification over the last 6 years.

Rood also wanted to know if the construction documents would allow phased implementation based on available funds.  Nakahara stated they would, but discouraged the approach stating the entire project needed to be implemented and a piecemeal approach would cost more and delay needed improvements.

Rood asked about the geo-technical soil testing. Harris indicated the projected depth of construction work to be 3 to 4 feet. Hampton Field was part of the Piedmont Hills Underground Utility District where rock discovered after construction work began cost Piedmonters rather than the District beneficiaries over $2 million.

Vice Mayor Jeff Weiler noted there is $2 million in the City’s General Fund Reserves available to fund the project. Council member Bob McBain emphasized the need to correct the drainage problems in the outfield and the drifting of gravel and sand onto the street.  Council member Teddy King favored the project based on her Recreation Commission experience.

The approved Hampton Field Master Plan calls for the softball field to be constructed with an artificial turf infield and a natural turf outfield. When Rood asked where this hybrid plan might be viewed at an existing park, William Harris of Harris Design stated the previous Recreation Director favored this design, but he did not know where this concept could be viewed. He indicated that changing the plan from a hybrid design to all artificial or all natural turf was a legal question.

Student observer Nick Docter asked if there was a possibility of expanding the grass play area at Hampton to meet identified needs. The staff response was that expansion was not a part of this project.

According to Mayor Fujioka, public hearings will be held on the one time expenditure of the WW bond funds; the cost of the Hampton project is needed at the time of the hearings.  The funds must be expended by 2018.

No mention was made of using the $500,000 for any alternative projects and no plans appear to be available for other projects, except the approved renovation plans for Blair Park.

The vote approving the contract for Hampton Field construction documents was 4 to 1 with Rood voting no.

Planning Commissioner David Hobstetter has resigned creating an additional opening on the Planning Commission, where there are now three vacancies to fill.  Applications for the vacancies on all of the City’s commissions and committees are due at City Hall, 120 Vista Avenue, on or before the deadline of Tuesday, March 25, 2014 at 5pm.

See full list of Piedmont committees and commissions.

Do you have an issue or concern that might be addressed in the current contract negotiations with Piedmont teachers?  Between March 12 and March 26, submission of comments to your elected school board members and staff will be timely for the negotiation process.

Read the current teacher contract here.

The public will have an opportunity to provide input to the Board at public hearings on March 12 and March 26, 2014.  The current contract expires on July 1, 2014.   Feedback is also accepted during the entire sunshine period between the March Board meetings by email, mail or phone messages to the Superintendent at chubbard@piedmont.k12.ca.us or (510) 594- 2614.   

Any person wishing to provide information concerning the articles in the contract to be opened may communicate with members of the Board of Education and the Superintendent via email, phone or in writing. Board member email addresses are listed below:

Rick Raushenbush, Board President, rraushenbush@piedmont.k12.ca.us

Andrea Swenson, Board Vice President, aswenson@piedmont.k12.ca.us

Sarah Pearson, Board Member, spearson@piedmont.k12.ca.us

Amal Smith, Board Member, amalsmith@piedmont.k12.ca.us

Doug Ireland, Board Member, direland@piedmont.k12.ca.us

Constance Hubbard, Superintendent, chubbard@piedmont.k12.ca.us

~~~~~~~~~~~~~~~~~~~~~

The 2011-14 Collective Bargaining Agreement between the District and the
California School Employees Association (CSEA) expires on June 30, 2014. The expiration of a contract means that all articles are open for discussion. The public was given notice at the October 23, 2013 Board meeting of the negotiations timeline. It included an opportunity to provide feedback to the Board as to which articles/topics to discuss as part of the process. In keeping with the Interest Based Bargaining (IBB) process, at the end of a contract period it is in everyone’s interest to condense the number of articles to open for discussion.

The negotiating teams for the District and CSEA met to discuss interests and to identify those articles to open for consideration and those that will remain closed for discussion. The collective bargaining process requires that the Board provide at least two opportunities for a public hearing to allow the community to comment on the issues to be discussed. The period is called “sunshining” of the topics under consideration for negotiations. The information provided by the public during the sunshine period is used by both parties as part of the process. After the completion
of the sunshine period, negotiations become confidential. Upon mutual agreement during negotiations, articles that were not opened can be opened for discussion.

“The District and CSEA have agreed to leave the following articles closed as part of the discussions for the contract to take effect on July 1, 2014:

(The bargaining parties have agreed to not consider the following contract issues.)  

Article 2 Check Off & Organizational Security
Article 3 Organizational Rights
Article 5 Grievance Procedures
Article 6 Allowances
Article 7 Safety Conditions
Article 10 Transfer or Promotion
Article 11 Leaves
Article 13 Longevity
Article 14 Weekend/Holiday Employment
Article 16 Legal and Other Holidays
Article 20 Employer-Employee Relations Committee
Article 21 Retirement
Article 22 Savings Clause

CSEA and the District have mutually agreed to open the following articles: (The following articles are appropriate for public comment.)

Article I – Recognition
The interest is to update classifications, new job titles, and recent legislation
Article 4 – Evaluation
Review and clarify section on public charges
Article 8 – Employee Rights/Personnel Files
Update process
Article 9 – Layoff and Reemployment
Clarify process and update per legislative changes
Article 12 and 19 – Salaries and Health Benefits
Compensation is a priority for the negotiations team. Discussions will include the salary schedule, health and dental benefits, and updating contract language
Article 15 – Workday/Week/Year
Clarify work year provisions, work calendar, and provisions for staff assigned to multiple sites
Article 17 – Part-Time Employees
Clarify the article as it relates to Noon Duty Supervision
Article 18 – Vacation
The interest is to clarify provisions for earned vacation for all unit members,
including employees working less than full-time
Article 23 – Duration of Contract
Update per new agreement

Memoranda of Understanding
Review for ongoing inclusion
Appendix B – Professional Growth
Review and update
Appendix D – Salary Schedule
Update”

Read the full March 12, 2014 Board meeting agenda here. Go to page 13 for the staff report on teacher contract negotiations.

Saturday, April 5, 2014, 11 a.m. to 3 p.m.

Save the date.

The Piedmont Fire Department (PFD) and the Public Safety Committee invite Piedmont citizens of all ages to attend the PFD Open House and Disaster Preparedness Fair on Saturday, April 5, 2014, from 11 a.m. to 3 p.m. at 120 Vista Avenue, Piedmont.

The PFD will close Vista Avenue to traffic between Highland and Bonita to make room for two jumpy houses, free hot dogs & chips, and the “Sparky” fire and earthquake education trailer. Children will be able to climb on a fire truck and peek inside an ambulance while adults practice using a fire extinguisher and learn about all the programs and services the Fire Department has to offer.

Firefighters will demonstrate their quick response (down the pole!) when called for an emergency. The United States Geological Survey (USGS) will showcase their exhibit on earthquake hazards, and PG&E will have exhibits on electrical and gas emergencies.

Volunteers with the Public Safety Committee will be on hand to help residents sign up for the Piedmont’s emergency alert system, Code Red, and help neighbors get organized to support one another during and after a major disaster. Volunteers from the Recreation Department will have a booth with information of safety for seniors.

Attendees can learn how to create an emergency preparedness kit for the home, car and/or office and see what supplies the PFD has in our City Emergency locker at Havens Elementary School.

This event will be a fun and interactive way for Piedmonters to get a behind-the-scenes look at our Fire Department and get prepared for the next “big one.”

– Now is your chance to get involved and give back to Piedmont. –

Application Deadline: 03/25/14 at 5 p.m.

On Monday, March 10, 2014, the Piedmont Planning Commission will host a reception at 5 p.m. in the City Hall Courtyard, 120 Vista Avenue, in front of City Hall.  The reception honors Piedmont Design Award winners and their architects, engineers, contractors and neighbors.

The Design Awards Ceremony for projects completed in 2013 begins at  5:45 p.m. in the Council Chambers. This year, six Piedmont homeowners, along with their design and construction professionals will be recognized for the excellence in design of their projects.

Thomas W. Reese III  – 21 Pacific Avenue  – Excellent Garage

Bill and Carla Newell – 211 Lafayette – Excellent Garage remodel and Addition

Burr Nash and Lisa Rasmussen – 304 Pala Avenue – Excellent Seamless Expansion

Scott Cauchois and Karen Notsund – 320 Wildwood Avenue – Excellent Bay Friendly Landscape

John Lambert and Helen Potter – 104 Dracena Avenue – Excellent Minor Addition

Rajeev and Shiela Bhatia – 100 St. James Drive –  Excellent Upper Level Addition

“The Planning Commission selects the award recipients from the list of projects that received a final inspection following the completion of construction each year. The Commission typically acknowledges both large and small projects, and often something specific that was done very well, such as an addition that was so seamlessly designed and constructed, that it cannot be distinguished from the original construction. Consequently, the categories change a little each year, and the number of awards also varies.”  Kate Black, Piedmont City Planner

At 6:00 p.m. the regular Planning Commission Session will begin with a discussion and consideration of the February 24 workshop on the Bike and Pedestrian Plan.

The agenda also includes 10 planning proposals to be considered by the Commission.

Read the entire agenda.