– Should a nonprofit organization endorsing and participating in a ballot measure campaign be allowed to use taxpayer funded public facilities and resources to disseminate information at an “impartial” forum? –

New legislation approved October 12, 2013, prohibits campaigning nonprofit organizations from using public resources and facilities.   Sections 54964.5 and 54964.6 went into effect on January 1, 2014:

This bill would prohibit a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use public resources received from a local agency for campaign activity, as defined, and not authorized by law. This bill would define, among other terms, “public resources” to mean any property or asset owned by a local agency and funds received by a nonprofit organization which have been generated from any activities related to conduit bond financing by those entities subject to specified conduit financing and transparency and accountability provisions, and “nonprofit organization” to mean an entity incorporated under the Nonprofit Corporation Law or a nonprofit organization that qualifies for exempt status under the federal Internal Revenue Code of 1986, except as specified.

Election after election, Piedmont’s League of Women Voters (PLWV) has been allowed to use City or school facilities to conduct “forums” on ballot measures, which the League has already taken a publicized political position.  In recent years, the PLWV has not only been allowed to conduct these events in Piedmont City Hall, but also had them video-taped, recorded, and disseminated using public taxpayer funds via Piedmont’s cable station KCOM and website.

(7) “Public resources” means the following:

(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services.

The League considers itself to be nonpartisan because it is not affiliated with a particular political party or candidate. However, the League is partisan in its support of numerous City, County and State ballot measures.  As members know, their Piedmont League of Women Voters membership dues are not tax deductible because of the League’s political advocacy, actions and positions for and against ballot measures and legislation. Read current League of  Women Voters “Take Action” instructions.

On April 7, the Piedmont League of Women Voters Board of Directors held a private debate in the home of their president and new Piedmont resident Hope Salzer on the pros and cons of the Alan Harvey Theater School Bond, Measure H.

“Measure H is a Piedmont Unified School District bond measure. It seeks voter approval to authorize the District to issue and sell bonds of up to $13,500,000 to finance modernization of the Alan Harvey Theater at Piedmont High School. To pass, the measure must be approved by 55% of the voters.”

Unknown to the majority of approximately 150 Piedmont League members and the public, the Board undertook a controlled debate on Measure H.  Invited to a portion of the meeting was a Piedmont Post reporter, who was present during the debate. No other media representatives were included.

Presentations were made to “twelve” board members on the pros and cons of the measure.  The League Board was joined at the “debate” by League member and Board of Education Vice President Andrea Swenson, who is supportive of Measure H although not currently a League Board member.  Swenson responded to questions after the debate, but, according to reports, did not vote.

The League Board is entitled to make endorsements without general membership approval, notification, knowledge or participation. Only current Board members are allowed to vote on endorsements.  The Board members’ votes were made in private and have not been disclosed publicly, but according to the Post report, support for Measure H was not unanimous, however endorsement of Measure H by the League was won.

The League’s endorsement of Measure H is considered a campaign activity making the League a partisan nonprofit organization prohibited from using public facilities.

An exception in the legislation for the use of public resources is made for the presentation of impartial information.

“(c) This section does not prohibit the use of public resources for providing information to the public about the possible effects of any ballot measure on the activities, operations, or policies of the state or a local agency, provided that the informational activities meet both of the following conditions:

(1) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state.

1. The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure.”

Significantly, the Piedmont League’s public notice of their May 1 forum in City Hall acknowledges League support of Measure AA, a Healthcare Safety Net, while making no mention of the Piedmont League of Women Voter’s support and endorsement of Measure H.

In the past, the League has attempted to hide their campaign endorsements prior to and during forums.  Yet currently, the public has been notified in a local newspaper of the League’s ballot measure support position revealing  the League’s partiality. 

The League states it will hold a “completely neutral” forum “so that citizens can hear arguments for and against” their supported ballot measures.  The forum is to be recorded, broadcast, rerun, and held at taxpayers expense. 

The previous privately held debate on the local tax measure by the League Board of Directors is in contrast to Piedmont League public forums.  The private debate allowed presentations both pro and con followed by unscreened questions. Providing an opportunity for impartiality at the public forums, audience members who have a question must submit their questions in writing or by text message to a League committee to be screened privately prior to a question being asked of presenters.  Not all questions are publicly asked.

The League has taken a political position and is involved in current election campaigns raising the question of compliance with the new definitions and requirements in California law.  Voters and City officials know the League’s political positions on ballot Measure H and now Measure AA.

Does the May 1 forum meet legal requirements?

Can a nonprofit organization supporting ballot measure campaigns use public resources for a political forum?  

Would the City permit any nonprofit organization’s use of City taxpayer resources, if the organization was opposed to a City supported tax measure, even if the organization promised impartiality? 

Editors’ Note:  The Piedmont Civic Association does not support or oppose ballot measures or candidates for public office.  The article above is not intended as opposition to Measure H.  

The Draft Piedmont Pedestrian and Bicycle Plan is available for your review. Readers will be interested to learn many changes proposed for Piedmont.  The City and the commissions are continuing to solicit resident input on the plan prior to City Council consideration. Considerable effort and expense have gone into the preparation of the draft plan.  Review it now and provide your ideas to the Recreation and Park commissions at their meeting or send comments addressed to the Commissioners at tulloch@ci.piedmont.ca.us.

The joint meeting will be held Wednesday, May 7, at 5:30 pm in the City Hall Council Chambers, 120 Vista Avenue, in Piedmont.

The Piedmont Park and Recreation Commissions will hold a special joint meeting to hear about and discuss the Pedestrian and Bicycle Master Plan process. This is also another opportunity for the public to find out more about the plan and to voice their opinions.

The meeting will be held Wednesday, May 7, at 5:30 pm in the City Hall Council Chambers, 120 Vista Avenue, in Piedmont. At the meeting, the City’s consultant will describe the planning process to date, outline the remaining steps before the plan is finalized and be available to answer questions from the Commissioners and members of the public.

In particular, the consultant’s presentation will highlight the list of ideas that was presented to the public in February and March for improving conditions for walking and biking in Piedmont. The ideas include three types of improvements: (1) physical on-street projects, (2) programs and activities and, (3) changes to City policies and practices. Some of the ideas are:

• Improvements to particularly busy or challenging crosswalks
• “Road diets” on the four-lane sections of Grand and Highland (removing one lane in each direction to slow down traffic and make room for a bike lanes and a center turn lane)
• Stronger enforcement of traffic laws
• Programs to promote traffic safety and to encourage walking and biking, especially among school kids
• A citywide network of bikeways, with bike lanes, “sharrows” (stencils on the street indicating that cyclists may use the full lane) and signage

Feedback on the ideas from the Park and Recreation Commissions will be added to the feedback received to date from the public and also from the Planning Commission. The feedback will be used to refine the list of ideas into a 10-year “work program” (2015‒2024) for implementing the Pedestrian and Bicycle Master Plan.

“You are encouraged to attend the May 7^th meeting, or you may wish to watch the public hearing on KCOM, cable 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 “Park Commission” link, then on the “May 7, 2014“, click on the “Video” or “In Progress” link and start watching!”

The PBMP (Pedestrian Bicycle Master Plan) is being funded entirely through a grant from the Alameda County Transportation Commission (CTC;www.alamedactc.org) and through the City’s existing funds for pedestrian and bicycle improvements (pass-through Measure B funds), also distributed by the Alameda CTC.

Go to Piedmont’s Plan at http://www.ci.piedmont.ca.us/climate.shtml

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

Editors’ Note:  Any opinions expressed above are not necessarily those of the Piedmont Civic Association.

– 50 Year Partnership: Piedmont City Council and the Piedmont Beautification Foundation –

Every Piedmonter is familiar with the colorful Piedmont Beautification Foundation (PBF) brochures soliciting donations that typically arrive in the mail prior to Holiday Tree Lighting and in the Spring. But few residents know the history, purpose, partnership with the City Council or function of the Foundation.

Piedmont Resident and PBF Advisor Cameron Wolfe recalls that the Piedmont City Council and the Piedmont Garden Club jointly established the Foundation to raise funds for projects to “beautify” Piedmont.  From its inception on May 21, 1964, the Foundation, originated by the Piedmont Garden Club, has worked closely with the Park Commission, City staff, and City Council. 

One of the founding PBF members and a prime mover of multiple projects was Jean Brown Wolfe, Cameron Wolfe’s mother. During the 1970’s, she simultaneously served on the Park Commission and as President of both the Piedmont Beautification Foundation and the Piedmont Garden Club.

The Piedmont Garden Club continues to lead the Piedmont Beautification Foundation. The Piedmont Garden Club * is composed of approximately 65 active female members residing in or near Piedmont, who share an interest in gardening. Each member of the Garden Club is personally invited following a member’s proposal and membership review process.  The names of members are private.  The Piedmont Garden Club is part of a large, national organization,  Garden Club of America.   

The Foundation is composed of 8 voting trustees. Five are selected by and from the Garden Club membership and three trustees are selected and appointed by the Piedmont City Council. “Trustees from the City of Piedmont” have typically been Piedmont’s Mayor, Vice Mayor and Chair of the Park Commission. The current City Council appointed trustees are Mayor Margaret Fujioka, Vice Mayor Jeff Wieler and Park Commission Chair John Lenahan.

The Foundation’s officers are selected by and from the Garden Club. Currently the five PBF officers are: President Michelle Winchester, a past Garden Club President; Vice President Patty Siskind, a current Piedmont Park Commissioner; Treasurer, Susan Hill, a former Piedmont Mayor; Recording Secretary, Barbara Thompson; and Corresponding Secretary, Patty Reed.

 In addition to the City Council and Garden Club appointed trustees, City staff members assist PBF as “City Advisors.” Currently, the City Advisors are Chester Nakahara, Public Works Director, Mark Feldkamp, Parks and Project Manager, and Dave Frankel, Public Works Superintendent.  City staff members work with PBF representatives reviewing proposals, making project suggestions, overseeing project construction, and providing input at PBF meetings. 

The Trustees and City Advisors along with numerous advisory members selected and invited by the Garden Club, primarily Garden Club members and/or their spouses, attend the PBF meetings. Advisors may make presentations and express their opinions, but may not vote. The advisors names can usually be found on PBF solicitation brochures.

The meetings of PBF are held “four times a year” in Piedmont homes.  The meetings are not open to the public. PBF meeting minutes, financial records, and by laws are not publicly disseminated.  The 2012 tax filing for PBF, as a non-profit organization, can be found on line. PBF’s mailing address is City Hall, 120 Vista Avenue, Piedmont, CA 94611. Unless withheld by the donor, donor names are released and published by various media outlets.

Having three PBF trustees appointed by the City Council (two Council members and the Chair of the Park Commission), a PBF representative on the Piedmont Capital Improvement Program Review Committee, and former trustees of PBF on the Park Commission has resulted in ready City Council approval of PBF proposals.  Once approved by the Council, projects receive continuing staff support, funding, and maintenance.

PBF has long been the primary driver of Piedmont civic improvement projects.  PBF initiates project ideas, provides seed money, partially funds projects and guides projects.  Robert Leefeldt, a former advisor to PBF and husband of former Garden Club member Mary Tom Leefeldt, for decades piloted numerous PBF projects.  Leefeldt’s projects included Community Center improvements and Civic Center landscaping, the first Dracena Park play structure, Excedra restoration, improvements in Crocker Park including the Bufano mother and cubs sculpture, the Cemetery Wall replanting, and many others.  His active PBF participation often involved landscape architect Richard Julin in the projects.

Recently, the City Council approved the Eagle Scout bridge project in Dracena Park and the development of the Ramona and Ronada Avenues triangle, both partially funded through PBF.

At the April 7, 2014 meeting, the City Council applauded PBF.

“The Council agreed that the Beautification Foundation has been an integral partner with the City in beautifying all areas of the City over the last several decades, its banner hanging request is consistent with past practice and the City’s 1998 banner policy and the Foundation’s request is appropriate as a means of recognizing the exceptional legacy and importance of this beneficial community organization.”

Special PBF projects, trees, and benches can be designated to pay tribute to individuals.  An endowment fund established to reserve funds for future City needs has reached $500,000 largely due to the support of matching funds provided by the Shapiro family in memory of Betty Shapiro, a past president of both the Piedmont Garden Club and Piedmont Beautification Foundation.

PBF trustees are active politically in ballot measures and civic decisions related to Piedmont.   PBF and the Garden Club are recognized in Piedmont’s General Plan and on the City’s website.

“The Piedmont Beautification Foundation and Piedmont Garden Club also contribute to park maintenance and conduct regular fund-raisers for park and landscape beautification.”

Piedmonters can view the many PBF participation projects signified by signs placed at the sites.

Piedmont Beautification Foundation sign.

City Press Release ~~~~~~~~~~~~~~~~~~~~~~~~~~

City Recognizes Piedmont Beautification Foundation for 50 Years of Service 

At the City Council meeting of Monday, April 21, 2014, Mayor Margaret Fujioka issued a proclamation recognizing the 50th Anniversary of the Piedmont Beautification Foundation and its contributions to beautifying Piedmont over the past half century.

“For the past 50 years, the Piedmont Beautification Foundation has greatly contributed to the enhancement of our parks, community facilities, and public spaces,” said Mayor Margaret Fujioka. “I look forward to working together on future civic projects in our city.”

The City and the Piedmont Beautification Foundation have partnered on many projects over the past 50 years, including the Piedmont Park Overlook and Steps, the Ramona/Ronada Triangle, the Tea House Deck, the Hall Fenway, and numerous others.

The proclamation declares April 27, 2014 as Piedmont Beautification Day in recognition of the Foundation’s service to the Piedmont Community.

Whereas, in May, 1964, eight far-sighted individuals, three representatives of the City of Piedmont and five representatives of the Piedmont Garden Club, came together to form an organization to be known as the Piedmont Beautification Foundation; and

Whereas, this non-profit corporation was formed exclusively for aesthetic, artistic, civic and charitable purposes; and

Whereas, the Foundation provides organization and leadership from among the residents of the City of Piedmont for the purpose of raising funds for planting, improving, beautifying and maintaining the parks, community facilities, schools and other future civic projects of the City of Piedmont; and

Whereas, for 50 years the City of Piedmont and the Piedmont Beautification Foundation have enjoyed a constructive public/private partnership that has benefited our residents and created beautiful gathering spaces that foster a strong sense of community; and

Whereas, the City thanks and congratulates the Foundation for 50 years of exemplary work for the benefit of the residents of Piedmont;

NOW, THEREFORE, I, Margaret Fujioka, Mayor of the City of Piedmont, in recognition of its service and dedication to the City, proclaim April 27, 2014 as Piedmont Beautification Foundation Day.

The PBF list of projects in Piedmont contains numerous and wide ranging projects.

 The Foundation is celebrating its 50th anniversary April 27.

~~~~~~~~~~~ OPEN TO THE PUBLIC ~~~~~~~~~~~~

PARTY IN THE PARK WITH PBF!!!!!!!

Celebrate 50 years of community collaboration.

Sunday, April 27, 2014 ~ 11:00 AM – 4:00 PM

 Piedmont Community Center in Piedmont Main Park 

Refreshments, commemorative items, flower show, displays and music. 

Contact the Piedmont Beautification Foundation,  Send correspondence and donations to Piedmont City Hall, 120 Vista Avenue, Piedmont, CA 94611

*”B. Specific Purpose. The Piedmont Garden Club shall stimulate the knowledge and love of gardening, horticulture, flower arranging, and related photography; encourage and assist in community beautification; and protect and conserve our natural heritage.”

– Piedmonters miss their late afternoon mail pickup. –

For a number of residents of Piedmont, the elimination of the 5 p.m. mail pickup at the drive up mailboxes on Highland Way was a shock on April 15 as they tried to mail their tax returns. The pickup there was 12:30 p.m., 2 p.m. and 5 p.m. on weekdays and 1 p.m. on Saturday. Beginning this month, April, the last pick up is 12 p.m. Monday through Saturday. For all but the Vista Avenue mailbox in front of City Hall, which has a 4 p.m. pickup, there are no mailbox pickups in Piedmont later than 1 p.m., and most Piedmont mailbox pickups are even earlier. Outside Piedmont, the  latest mailbox pickup is at 8:30 p.m. near the West Oakland BART station at 1675 7th West Oakland.

Piedmont mailbox locations:

300  Highland Ave. between Oakland Ave. and the bus stop

370  Highland Way behind Wells Fargo-the only “drive-up” mailboxes

55 Crocker Ave. at one end of the Hall Fenway

39 La Salle Ave. at St. James

104 Monticello Ave. at Ramona

902 Rose Ave. at Linda Ave.

120 Vista Ave. in front of City Hall

How well do the mailboxes in Piedmont serve residents following the elimination of afternoon pickup service at most locations?

1.  How many days per week do you use a Piedmont mailbox?  (1-6)

2.  Do you usually post mail in the afternoon or the morning?

3.  Will the elimination of a 5 p.m. pickup be detrimental to you or your family?

4.  Will the elimination of afternoon pickup at Highland Way be detrimental to you or your family?

5.  Which mailbox do you use more often – the mailbox at Highland Way or at Vista Avenue in front of City Hall ?

6.  Does a 4 p.m. pickup in front of City Hall serve your mailing needs just as well as 5 p.m.?

7.  Would you prefer the last (4 p.m.) Piedmont pickup to be located at the walk-up Vista Avenue mailbox or at the Highland Way mailboxes which include “drive-up” access?

8.  Do you believe there is adequate parking to be able to conveniently use the mailbox at Vista Avenue (which currently does not provide “drive-up” access)?

Let the City Council know if you need US Postal Service adjustments:

Margaret Fujioka, Mayor	mfujioka@ci.piedmont.ca.us	(510) 463-7821
Jeff Wieler, Vice Mayor	jwieler@ci.piedmont.ca.us	(510) 428-1648
Teddy Gray King	tking@ci.piedmont.ca.us	(510) 450-0890
Robert McBain	rmcbain@ci.piedmont.ca.us	(510) 547-0597
Tim Rood	trood@ci.piedmont.ca.us	(510) 239-7663

– City Announces Civic Volunteer of the Year Award with Nominations open until May 16. –

“The City of Piedmont is seeking nominations for the inaugural ‘Piedmont Civic Volunteer of the Year Award.’ This award recognizes a Piedmont resident for extraordinary service to the community. Announced by Mayor Margaret Fujioka at her inauguration and unanimously approved by the City Council at their meeting of April 7, 2014, this award will be given to a Piedmonter who has made significant cultural, political, health, safety, environmental, recreational, and/or social contributions that have enriched the community. The intent of the award is to annually recognize an individual whose efforts have helped to improve the quality of life in Piedmont.

“This award provides an excellent opportunity for the City to formally recognize and express appreciation to an individual for his or her contribution to making Piedmont a better place,” said Mayor Margaret Fujioka. “It is my hope that this award will inspire others to volunteer for the greater good of our community now and in the future.”

The 2014 Piedmont Civic Volunteer of the Year Award will be presented at the City of Piedmont Volunteer Recognition Ceremony where those who serve on City Commissions and Committees and the winners of the annual Betty C. Howard Award for services to the Piedmont Recreation Department will be recognized. The Recognition Ceremony will be held at the Piedmont Community Hall in late spring.

The Piedmont Civic Volunteer of the Year Awardee will be chosen by the Mayor and a selection committee. Volunteer efforts during the 12-month period commencing January 1, 2013 through December 31, 2013, will be considered. Nomination materials are available on the City’s web site at www.ci.piedmont.ca.us [and below.]  Please submit your nomination(s) to the Office of the City Clerk, 120 Vista Avenue, Piedmont, California or via email to cityclerk@ci.piedmont.ca.us by May 16, 2014.

The names of those on the “select committee” and the date of the Awards event have yet to be announced.  For the Nomination Form and further information, click on the links below.

• Invitation Letter
• Nomination Criteria
• Nomination Form
• Timeline for 2014

– Moraga Avenue is reopened after debris removal. –

Shortly before noon on Friday morning, April 18, a landslide carried trees onto power lines and required the closure of Moraga Avenue at Maxwelton Road. By 8 p.m. Friday night, eight hours after the street blockage, the debris had been removed and the road had been reopened. PG&E, their tree contractor, Piedmont crews and a geotechnical engineer were involved in the effort to reopen the road and restore power to neighbors.  The highly trafficked arterial is the major connection between Highway 13, Montclair, Piedmont and Grand Avenue. The cause of the slide remained uncertain, but it may have been the result of a leaky irrigation pipe.

CBS report

City of Piedmont report

Coincidentally, two years ago in mid-April another nearby landslide downed power lines and closed Moraga Avenue between the eastern city limit with Oakland and Maxwelton Road.  Read about the April, 2012 Moraga Avenue landslide.

– Upbeat Report to the Planning Commission by Consultant –

A part of the City’s Master Plan Housing Element update must include an evaluation of the current objectives with actual accomplishments. At the Monday, April 14 Piedmont Planning Commission meeting, Barry Miller, Piedmont’s Zoning Consultant, presented an interim accounting of how well Piedmont is doing in meeting it assigned housing production targets.

Miller reassured Commissioners about the City’s accomplishments in response to the Association of Bay Area Governments Required Housing Needs Allocation for Piedmont in the 2007-2014 period. In the spotlighted segment of “very low” income housing units, Piedmont actually exceeded its assigned obligation, approving 14 units, with construction completed for 13.

Miller noted the expectation that more units may be completed by the end of 2014, when the final housing production figures will be tallied. The “very low” income second units are exempt from the requirement to provide parking, so they have proved to be the most popular second units for Piedmont homeowners to create.

In other income sectors, housing unit production lagged, probably due to the poor economy, according to Miller. The City exceeded its obligation to facilitate “above moderate” income housing, approving 13 luxury homes. However, only one house was constructed thus far. Excess “very low” income housing units produced may be credited against any other category that falls short.

In May, Miller will present a report on the “Constraints” chapter of the Housing Element update to the Planning Commission. At a June date yet to be determined, a Town Hall meeting on the entire draft will be held at the Community Hall.

– The Magic of Play! – A free public event –

On Wednesday, April 30 at 7:30 p.m., the Piedmont Recreation Department is sponsoring a discussion of its programs in connection with beneficial unstructured child play at the Piedmont Community Hall, 711 Highland Avenue. The presentation by Stephanie Rafanelli will highlight neuroscience research on free play.  Rafanelli, a Piedmont resident, is a school coach and a parent education facilitator for Challenge Success and was a middle school science teacher at Bentley School. The Recreation Department’s Schoolmates, Preschool and Summer Programs will be described and discussed.

“There is fascinating evidence linking unstructured play with brains that are more emotionally attuned, more connected, and even bigger in size. While play has been correlated with academic competencies such as language and math skills, some argue it is even more important in developing a child’s executive functions (self-regulation, focus, perspective, working memory, flexible thinking, and more).”

Event Details

Date: Wednesday, April 30, 2014 from 7:30 p.m. – 9:00 p.m.
Location: Piedmont Community Hall, 711 Highland Avenue
Click to Register: http://bit.ly/1f15wLh

This is an adult only event. Childcare is available online with advanced registration.

Childcare Registration Code: 1001.488* ($10 per child)
For more information, please contact Erin Rivera at: (510)420-3072

– The Success of the Previous Housing Element will be Considered and Evaluated –

On Monday, April 14, the Planning Commission will consider a report on the accomplishments of the Housing Element that went into effect in 2011.  The public is invited to attend and will have an opportunity to speak during this study session at the 5 p.m. beginning of the regular commission meeting in the City Council chamber.