Dec 19 2017

Dear Piedmont City Council Members,

In addition to questions of propriety and potential tricky First Amendment issues with the City being the Landlord for a press organization, and the potential optics of the Council being seen to essentially provide a subsidy to a news organization, both of which are very important to consider, I have some core public policy concerns around the decision to allow the Piedmont Center for the Arts  (PCA) to sublet City space to any commercial entity at market rates.

  1. The PCA has apparently stated to the Council that it cannot survive without this Sublet Rent

This in itself raises some very troubling questions about the financial stewardship and oversight by the Board of the PCA.  If this is true, it begs the question of whether the City needs active oversight of the PCA.  Here are the facts sourced from the Form 990 filings of the PCA, all which would seem to indicate that it is more than financially viable:

–          In its first 4 years of operations, the PCA was more than self-sustaining with income of $10,000 – $33,000 a year (average of $19k a year from 2012 – 2015)

–          Since its inception, the PCA has had an annual fund raising campaign with active solicitation letters and mailers sent out broadly to residents; the most recent one that I am aware of was in Oct/Nov 2015

–          The PCA has raised, on average, approximately $20k a year in donations from the community, separate and distinct from any revenue from program events, i.e. pure charitable contributions

–          During these years, its rental income from subleasing the space, was not that substantial: Bay Area Children’s Theater was paying $7,200/ year (through 2015)

Therefore, if something changed dramatically in 2016 that no longer makes the PCA financially viable, it begs the question as to what has changed so dramatically in programming and/or community support (donations)?  Either should be cause for concern for the City because one of the main contentions of the PCA when it was established was that it would be self-sustaining and would require no further support from the City.

  1. The PCA received a very generous donation of $100,000 in 2012, which more than guarantees its financial independence

In 2012, the PCA received $100,000 from the Thornborrow Foundation, in the form of an unrestricted grant.  This grant was invested and, to the best of what I can gather from the 990s, has over the years grown to $135,000 plus.

Given this more than generous endowment, and the fact that most of the PCA’s programming is self-sustaining (and if it is not, that raises the question of what has changed in the PCA’s mission), does it not raise the question of why the City of Piedmont should be further subsidizing the PCA to the tune of $50 – $70k a year?

In other words, if the PCA needed $x a year to be financially viable, they should have put that in the original lease and the City would then have considered the implications of giving that additional subsidy to the PCA.  The whole reason that was not necessary was that it was part of the original deal that the PCA made with the City, and what the City’s (and the public’s) understanding of the terms were: give us the building, we will raise funds to renovate it and then we will be completely independent from the City and self-sustaining.

[Extra information on the PCA’s programs: Artists’ rentals (raises revenue), Music recitals (pay for themselves through ticket sales), Juried Art Show (more than pays for itself through entry fees), Theater (??)]

  1. Allowing the PCA to sublet the space to a Commercial Renter is in effect the City increasing the PCA’s subsidy substantially

The financial terms of the original “contract” of the City with the PCA can best be summarized as: you, the PCA will renovate and maintain 801 Magnolia and use the space exclusively to bring Arts to the community.  In return, the City grants you use of the property for 10 years for a nominal rent.  Any way you look at it, this was the City subsidizing the PCA, albeit for a very community-beneficial cause, a cause that I fully support.  (God knows, there should be more set aside for the Arts everywhere!)  The subsidy in this instance being the rent the City could otherwise have obtained from renting out the space itself to a commercial renter for 10 years.

Now the PCA has come to the City and said that the best use for a part of the space is for it to be rented out commercially.  The City’s rationale in providing a heavily rent-subsidized property to the PCA was to facilitate the bringing of Arts to the community, which the PCA has done an admirable job of.  That was the underlying rationale for the economic subsidy (rent-free for 10 years).  Hence the initial sublet clause in the original lease was that any rental would be aligned to the mission of PCA, i.e. bringing arts to the community (and which was the case from 2012 – 2106).  If that whole use condition is removed, and the space can now be sublet to any commercial renter, the entire public policy rationale of giving subsidized rent to the PCA, on that portion of the property, goes away.  Put another way, by allowing the PCA to sublet out space that it is receiving from the City at a heavily subsidized rate (under one pretext), to a commercial entity (whose purpose is completely unrelated to the PCA’s mission), at market rates, is tantamount to the City providing the PCA a substantial, additional subsidy. 

The question for the City Council then is this: shouldn’t the revenue that the City could obtain from itself renting out this portion of 801 Magnolia (and other parts of the building which it has exclusive use of), be part of the City’s overall budget and spending priorities?  Why is a decision to grant the PCA a further subsidy of $50k – $70k a year being taken outside of the context of several other more crucial spending priorities of the City?

My issue is not whether or not the City should be subsidizing an arts organization – God knows we need more of that!  The issue is that this is taxpayer money, valuable revenue that could be used to defray the cost of other City services. Whether or not it is appropriate for the City to spend that much to subsidize the Arts is a question that is most appropriately considered along with other budget priorities of the City, in a more considered process, open to public comment like any other spending priority.  If fact, the very decision by the City to allow a tenant to lease space commercially is an economic decision that the Council and Staff should have vetted no differently than they vet any other spending decision by the City.  Secondly, given the size of the subsidy here, if the PCA is no longer financially viable as they now claim, should there not be oversight of how this money is spent?  Essentially, the City is handing over $50 – $70k worth of potential taxpayer monies to the PCA Board, without any accounting for how that money will be spent.

  1. Any appearance that the Piedmont Post is not paying Market Rent implies that the City is Subsidizing a News Organization

Is Council aware of the actual terms of the sublease between the PCA and the Piedmont Post?  If the Post is not paying what would be considered “market rent” for use of space in the heart of the city, with two parking spaces, then essentially the City, as the landlord, would be subsidizing the Post, which exposes the City to a potential First Amendment lawsuit and the Council members to potential accusations of conflict of interest.  The same holds to a lesser degree to any other commercial lessee, i.e. the City will be subsidizing the entity if it is not paying “market rent”.

Respectfully,

Gautam Wadhwani

Editors Note: Opinions expressed are those of the author.
3 Comments »
Dec 18 2017

Newspaper had already received pre-approval from City Administrator for a sublease of the public property at 801 Magnolia that houses the Piedmont Center for the Arts.

At the December 18, 2017  Council meeting starting at approximately 10:00 p.m., the Piedmont Center for the Arts was given approval of a Conditional Use Permit (CUP) allowing space to be sublet to one local news organization, The Piedmont Post. The Council approval was on a narrow vote of 3 for and 2 against.

Voting for the motion to approve were Mayor Robert McBain, who praised the newspaper, Vice Mayor Teddy King, who was eager for  approval, and Council Member Betsy Andersen, the newly appointed member of the Council, who inquired about the hours of operation.

Voting “no” on the motion to approve the CUP were Council Member Tim Rood, who had noted his disapproval of the Post and Jen Cavenaugh, who had many lingering unanswered questions regarding the lease and potential of gifting valuable city resources to a business.

Unbeknownst to the public, and evidently, the Council,  City Administrator Paul Benoit had already given permission to the Arts Center to sublet their space to the Post if approval of a Conditional Use Permit was granted by the Council.  Benoit stepped into the Council discussion supporting the Post’s usage of the building.

Numerous questions went unanswered: basis of the lease to the Arts Center’s ability to sublet or use the City’s property at 801 Magnolia for profit businesses, while denying non-profit usage, ability of City Administrator to grant permission to sublet the property without public involvement, hours of operation, unknown sublease conditions, amongst other matters.

The City Code and lease were recently changed by the Council to allow businesses in the Arts Center building.

4 Comments »
Dec 17 2017

Findings of the Planning Commission are in error, consequently the decision should be put over to a later date.

Dec. 16, 2017

Piedmont City Council

Dec. 18, 2017

RE:  801 Magnolia Avenue: Conditional Use Permit (CUP) and Lease approval for Piedmont Post newspaper.

 Dear Mayor McBain and Council,

          CUP Findings CUPs require that the “use is primarily to serve Piedmont residents.” The Dec. 18, 2017 Piedmont Staff report states that “The Piedmont Post . . . provides a forum for the exchange of ideas and public engagement” at Finding Two. The Dec. 11, 2018 CUP staff report to the Planning Commission states, this CUP “Should not be decided based on the content of the Piedmont Post.” Therefore, it is valid to examine whether the Post provides a forum as it is not an examination of content.          

          A forum is “A medium (such as a newspaper or online service) of open discussion or expression of ideas” (Merriam-Webster); it is a “Public medium . . . used for debates in which anyone can participate” (Business Dictionary). The Post commonly denies letter space to many Piedmont residents. The Post does not provide a forum by any reasonable and commonly understood definition of what a forum is. Finding Two is in error.

The CUP should be rejected as it does not serve Piedmont residents unless the City’s intent is to not serve all residents. Alternately, the CUP can be sent back to the Planning Commission for further community input on whether the Post does provide a forum.

         Approval of the Lease. The City has not determined if it is appropriate to have a relationship with a commercial media firm by leasing space to it on public property.  A media outlet can move elections; therefore it is critical to determine how closely aligned the City should be to a media outlet. The Post views City Staff, elected and appointed officials as “colleagues.” (Paisley Strellis, former Post News Editor and Writer quote at her July 23, 2016 City sponsored retirement party held on public property); the relationship is unacceptable.           

          Is Council equitably representing residents and getting maximum value?  The Piedmont Center for the Arts (PCA) at 801 Magnolia Avenue is subsidized by $75,000 to $100,000 annually by taxpayers. Will there be a gift of public funds as a pass-through subsidy to a commercial media outlet? 

          The applicant states the sub-let will be at “top dollar.” What is this amount? How was “top dollar” rate determined? What efforts were made to obtain a tenant other than the Post

          There is a conflict of interest. Given the close relationship of the Publisher/Owner to PCA, this appears to be a sweetheart deal that does not serve taxpayers.

          Deny the CUP and disapprove the sub-let. Minimally, as many families are involved in Holiday celebrations, kindly put this matter over to a later date.

Respectfully, Rick Schiller, Piedmont Resident 

Cc: Paul Benoit
John Tulloch 

 Kevin Jackson, Planning Director

 Editors Note:  Opinions expressed are those of the author.
6 Comments »
Dec 17 2017

The following public documents are published to help readers consider the issue of a sublet of the Piedmont Center for the Arts to the Piedmont Post newspaper that is before the City Council on their Monday, December 18 agenda:

Original City lease with the Arts Center Section 14:

Tenant shall not voluntarily assign or encumber its interest in this lease or in the premises, or sublease all or any part of the premises, or allow any other person or entity (except Tenant’s authorized representative) to occupy or use all or any part of the premises, without first obtaining Landlord’s written consent. Any assignments, encumbrance, or sublease without Landlord’s consent shall be voidable and, at Landlord’s election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this
paragraph.
City staff report recommending amendment of the Arts Center lease:
“The lease amendment before you tonight is drafted to allow for more flexibility in the terms of usage of the premises. The intent of the revised language is to allow the PCA to manage the facility with a higher degree of independence and to accommodate reasonable requests for facility usage without first having to obtain the written permission of the City Council. Given the PCA’s proven ability to professionally and responsibly manage the leased premises, I believe that this amendment is in the best interests of both the City and the PCA.It allows the PCA to more nimbly respond to requests from outside groups to use the facility, and allows for greater control in the scheduling of events and activities. For the City, the amendment acknowledges our confidence in the PCA’s abilities and keeps minor, operational issues from having to be acted upon by formal Council action.”
 
Revised Arts Center Lease Section 3. 
Modification to Section 14:
Section 14 – Of the Lease is hereby modified and restated as follows: Tenant shall not assign, transfer, convey, encumber or sublease (collectively, a “Transfer”) its interest in this lease or the Premises without the prior written consent of Landlord, which consent shall be within the sole discretion of Landlord. For purposes of this provision, a Transfer shall be considered to include any assignment to an entity related to Tenant or a change of ownership or control of Tenant. Any Transfer without Landlord’s consent shall be voidable and, at Landlord’s election, shall constitute a default. Prior written consent of Landlord is required for all Transfers. Consent to a prior Transfer shall not be construed as consent to any future Transfer.
Dec 16 2017

On Monday, December 18, for a rushed Council consideration of a Conditional Use Permit (CUP) application of The Piedmont Post newspaper to rent space in the Piedmont Center for the Arts Center at 801 Magnolia Avenue, a City property leased to the Arts Center with adherence to all City, State and Federal laws as well as restrictions on activities and hours.

The Council meeting will start at 7:30 p.m. in City Hall. Consideration of the sublease of the Arts Center is late on the agenda.  The meeting will be broadcast on Channel 27 and via the City website under videos. Read the agenda HERE.

The City of Piedmont appears ready to become the landlord of one of Piedmont’s local newspapers, the Piedmont Post.  Other media outlets have reported the sub-leasing story, yet the Post has failed to notify residents of the proposal and the unique scheme to rent the subsidized City arts space to the newspaper.

The City Council has full authority under the Arts Center $1 per year lease to determine who sublets the City owned and subsidized property.

The subleasing of public property at the subsidized Arts Center has drawn growing attention as residents begin to learn of the proposal. Numerous residents who are critical of the Post’s politicized editorial practices have stepped forward. Praise has also come to the Post from residents, particularly beneficiaries of the Post’s coverage.

According to correspondence received by the City in regard to the application to house the local newspaper in a Piedmont government owned building designated for the arts, the City will receive more “bad press.”  The Piedmont Post, is owned and operated by Gray Cathrall, a founder and recent Board member of the Piedmont Center for the Arts.

A number of residents including a former School Board member, candidate for City Council and a City Commissioner, a former President of the Piedmont Education Foundation, and Arts Center neighbors, to name a few,  have come forward decrying the notion of the Post as a renter of a subsidized City building. Some opponents of the proposal are intimidated by the Post and have been afraid to come forward with their names.

Written comments were presented to the Planning Commission and are included in the staff report linked at the bottom of this article.

One detailed comment is copied below:

Dear City Council,
 
As a long-term Piedmont resident, I am strongly opposed to providing space in the PCA to the Piedmont Post Newspaper.  There are several factors behind this. First of all, it is an egregious conflict of interest for a sitting Advisory Board Member to simultaneously be the leader (editor) of the proposed tenant. Even if that Board Member is completely recused from the decision, the other Board Members undoubtedly have a close relationship with the Editor and cannot possibly render an unbiased decision regarding potential tenancy.
 
Second, the longstanding biased Editorial bent of the Piedmont Post should not be condoned by the city.  The Post has gone out of its way to malign certain arbitrarily non-favored candidates, coaches, etc. The maligning bent in some instances has been severe and toxic.
 
Third, the Post is run with mysterious finances.  Although there are some subscriptions, there is also a long-term use of “underwriters” as the mechanism of funding the Post.  How exactly this additional money is used is unknown, and, certainly, having underwriters who provide large cash payments seems inherently biased — one would presume that large donations would inherently introduce biased coverage. 
 
If Piedmont truly had an unbiased, subscription-based, jewel of a local paper, then placing it in the PCA would be suitable.  Instead, we have a highly biased, donation-based, and occasionally mean-spirited paper, and thus placing it in the PCA and providing public support to it is clearly the wrong thing to do.  It would not be in the community interest.
 
Tim McCalmont, Piedmont Resident and former President of the Piedmont Education Foundation

City of Piedmont as landlord to a newspaper.

The original lease for the City’s property at 801 Magnolia housing the Arts Center specifies  hours of operation, adherence to all City, State and Federal laws, notices to be provided to the City, etc. See copy linked below.

The sublet lease was not provided during Planning Commission consideration.  One lease condition proposed to be breached by the sublet is allowing hours past 11:00  p.m. bringing great concern to neighbors with school age children and senior residents desiring quiet late nights contrary to the proposed late night business activities running until 12 midnight on school nights. 

Many have expressed concern that Piedmont government facilities should only be rented for community wide services, as originally allowed for the arts.   Additionally, the newspaper is not accepted by all as a public service because of “egregious acts” against the schools, individuals, candidates for office, news manipulation, and being a bad influence on Piedmont youth.

Those attempting to find out more about the unusual transaction that would allow one local newspaper to receive a subsidized, government rental space leased for $1 per year have yet to receive complete answers to the following:

  • What is the financial condition of the Arts Center ?
  • Why wasn’t the space advertised locally to encourage other renters of the highly desirable central Piedmont location ?
  • Why did the Center break from a singular use as an Arts Center?
  • Did the Center’s Board hear from their former Board member  and potential renter at a Board meeting gaining an inside opportunity?
  • Could the City of Piedmont use the space rather than have it sublet?
  • Why was there no notice in the Post of the application or the timing of the hearings?
  • Why wasn’t there ever a meeting with neighbors to learn about their concerns in regard to parking and late night business meetings on school nights?
  • Why is the matter being considered so hurriedly over a 7-day holiday period with many Piedmonters away or preoccupied?
  • What is the rush?
  • How long has the proposed space not been used and available?
  • At the time the zoning was changed on the property was the space available?
  • Why wasn’t notice given to the residents of Piedmont at large for alternative use of this important Piedmont property?
  • What is the relationship between the City and the newspaper such that the newspaper receives preferential treatment over other media outlets?
  • What will the rent be?
  • Has the City Council been provided with the proposed sublease?

At the December 11, 2017 Piedmont Planning Commission meeting, the Planning Director provided advice, plus public comments were received. The Commissioners, without hearing from the business owner or whether the proposed usage complied with the requirements placed on the Center in their lease, recommended approval of a sublease for part of the Piedmont Center for the Arts for the Piedmont Post newspaper.  

City Council decides what can be in the Arts Center building.

The lease conditions were changed in 2016 to allow uses allowed in the public zone which soon opened the ability to sublease the property to a for-profit entity.   The Council revised the City Code in 2017  to allow for-profit businesses to be in the  Public Zone.  The change from non-profit zone uses to for- profit uses in the Public Zone was never put on a Piedmont ballot per Charter requirements to obtain Voter approval. Piedmont voters were not allowed to rule on the significant change.

The intent of the Charter was never pursued by the City, despite receiving an affidavit from a former mayor and an email from another former mayor informing the City Council that the intent of the Charter was being misinterpreted. The zoning change was singularly approved by the City Council, and without extensive reporting, was largely unrecognized by Piedmont voters.

There was concern at the time of the zone change allowing businesses in the Public Zone, such as a newspaper office or other commercial enterprise, in the scant public space available.

In 2011 when 801 Magnolia Avenue was developed as the Arts Center, the City Council, did not offer the property to various potential users of and acted to permit the Piedmont Center for the Arts.  Strict, limited hours of operation were incorporated into the lease agreement in consideration of the location next door to a home and in a school/residential neighborhood.  Center founders Gray Cathrall,  editor and owner of the Post, and Nancy Lehrkind, now Vice President of the Center Board, fostered the Center lease through the City Council.

The Municipal Pool, recreation tennis courts, and the schools all limit their operation hours to accommodate neighbors and minimize intrusive neighborhood night light pollution, noise, traffic, parking in the immediate vicinity of the Center.  No traffic studies of the proposed new tenancy were produced.

At the December 11, 2017, Planning Commission meeting few questions were asked regarding the application before the recommendation of approval to the City Council.   Commissioners relied on the narrow consideration factors presented by the planning staff.  The leases between the City and the Arts Center were not presented to the Planning Commissioners during their consideration.   Commissioners indicated neighbors could expect noise and traffic from schools without regard to the existing limitation on late night hours.

The integrity and character of the newspaper was not part of the Planning Commission consideration, although both pro and con opinions of the newspaper were presented at the meeting. The City Council is in a different position being the landlord of the property.

Arts Center Board member, Nancy Lehrkind, addressed the need for more revenue to support the Arts Center programs, while noting the incompatibility of joint use of spaces by various businesses or organizations.  No information indicating the space was  advertised to potential market rate renters.  No financial statements of the viability of the Arts Center were provided to the Commission. Lehrkind stated the Post would pay “top dollar” for the space, however the rental fee was not disclosed.

The Post on the application signed by Post owner Gray Cathrall stated the gross annual revenue of the Post equals $380,000.

The staff report includes comments/letters, documents, leases and the recommendation. READ the staff report HERE.

Comments can be sent to the City Council at the links below:

Robert McBain, Mayor rmcbain@piedmont.ca.gov (510) 547-0597 2nd Term Exp. 11/20
Teddy Gray King, Vice Mayor tking@piedmont.ca.gov (510) 450-0890 1st Term Exp. 11/18
Jennifer Cavenaugh jcavenaugh@piedmont.ca.gov (510) 428-1442 1st Term Exp. 11/20
Tim Rood trood@piedmont.ca.gov (510) 239-7663 1st Term Exp. 11/18
Betsy Smegal Andersen bandersen@piedmont.ca.gov Unexpired Term Exp. 11/18

All Council members will receive comments sent to the City Clerk at jtulloch@piedmont.ca.gov

Recent news article by The Piedmonter newspaper can be read HERE.

3 Comments »
Dec 15 2017

Piedmont Middle School 8th grade male student arrested for criminal threats.

PIEDMONT POLICE DEPARTMENT

Office of the Chief of Police

PRESS RELEASE

On December 14, 2017, the Piedmont Police Department was notified by the Piedmont Unified School District of a Piedmont Middle School student who posted several threatening videos on-line, some of which included hate speech.

The student posted several videos which depicted him making threats, while displaying several different weapons.

The Piedmont Police Department initiated a criminal investigation in relation to the student and videos. Police and school officials contacted the student on campus, conducted a search of the student’s belongings and locker which revealed no threat to students or staff as no weapons were discovered.

Officers conducted a search of the student’s home and located pellet guns which resembled those used in the videos. Those pellet guns were confiscated by police. Two other firearms belonging to the student’s parents were surrendered to the Piedmont Police Department for safekeeping. The juvenile was charged with making Criminal Threats. The investigation is on-going.

The Piedmont Unified School District continues to work with the Piedmont Police Department to ensure safe campuses throughout the City of Piedmont.

For additional information, please contact Captain Chris Monahan at (510) 420-3012.

Click below for media coverage detailing the arrest of the Piedmont Middle School student.

8th Grader Charged With Making Threats At Piedmont School « CBS …

sanfrancisco.cbslocal.com/2017/12/15/piedmont-8th-grader-school-threats/  – An eighthgrade boy is being charged with making criminal threats against a school in Piedmont, police said Friday.

8th grader arrested for making criminal threats against Piedmont MS …

https://www.sfgate.com/…/8th-grader-arrested-making-threats-Piedmont-School-1243…  – PIEDMONT (BCN). An eighthgrade boy is being charged with making criminal threats against a school in Piedmont, police said today. The boy’s name is not being released because he is a juvenile. He’s being charged with making threats against Piedmont Middle School at 740 Magnolia Ave. in four …

Piedmont Shocker: 8th Grader Arrested For Criminal Threats – Patch

https://patch.com/…/piedmont/piedmont-shocker-8th-grader-arrested-criminal-threats

Piedmont, CA – The teen made criminal threats against his middle school.

Piedmont 8th Grader Arrested For Allegedly Threatening School

america.easybranches.com/…/Piedmont-8th-Grader-Arrested-For-Allegedly-Threateni..– An eighthgrade boy is being charged with making criminal threats against a school in Piedmont, police said Friday.

Piedmont 8th Grader Arrested For Allegedly Threatening School …

today.black-galaxy.com/…/piedmont-8th-grader-arrested-for-allegedly-threatening-sc…– An eighthgrade boy is being charged with making criminal threats against a school in Piedmont, police said Friday….

Dec 15 2017

The Piedmont Civic Association was sent a copy of a letter from Piedmont United addressed to Kevin Jackson, Planning Director, regarding the Piedmont Center for the Arts’ Conditional Use Permit application to sublease space to house the Piedmont Post’s business offices.  The letter makes direct personal attacks, which were deleted to conform to our Editorial Policy. Interested readers wanting to read the entire letter may obtain a copy through the Piedmont City Clerk by calling 510/420-3040. 

Dear Mr. Jackson,

It’s pretty incredible that the City of Piedmont would entertain the Piedmont Post’s move to City property, directly across the street from the school that has been lambasted on a weekly basis and who’s female students have been insulted behind the scenes. There is a complete loss of credibility both personally and professionally with so many people in the community, that it makes no sense for the City of Piedmont to now reward the Post with a move to their property.

Paper Has Lost Credibility

Over the last two years, we have seen first hand how the Post and it’s editorial page are used to satisfy an agenda against the School District and used in bullying members of our community. Specifically, recent actions against the PHS Athletic Director and the support for the former mayor through specifically chosen articles to help paint him in the most positive light possible.  These actions have led to such a complete loss of credibility, that even advertisers have lost faith to such a degree, the paper has complained that loss of revenue now threatens the financial viability of the paper.

Significantly Violated City Decree Against Bullying

On November 21, 2016, every member of the Piedmont City Council and School Board signed a decree against bullying in our community, which is posted on the Piedmont Civic web site here.

“To be clear, we will stand firmly united to promote acceptance and kindness, and we will stand up to bigotry, hatred, intolerance, and violence. We will stand in support of our diverse community, honoring and protecting every resident regardless of race, creed, color, gender, religion, ethnicity, nationality, orientation, or identity. We will strongly uphold our established policies prohibiting discrimination, hate-motivated incidents and hate crimes, hazing, harassment, intimidation, bullying, cyberbullying, and other disruptive or violent behaviors in our schools and our city.”

At the time City of Piedmont leaders were denouncing harassing and intimidating behavior, the Post was 3 months into an all-out 11 month bullying campaign against the PHS Athletic Director.  The paper went on a rampage, publishing negative and misleading articles about the Athletic Director in virtually every issue of the paper from July of 2016 to June 2017. Drug into articles were Mr. Acuna’s finance and personal custody filings about his children. Employees of the Post even called Mr Acuna’s prior employers as fake reference checkers, in a desperate attempt to dig up dirt in any way possible.

After 11 months of personal attacks, the Athletic Director Mr. Acuna decided to not continue working in our community.  The environment created within our community, emboldened several people to do the unthinkable; Mr. Acuna’s daughter was verbally attacked by a woman in Mulberrys’ and at her Winter Ball a horrific scene unfolded as a Piedmont dad verbally attacked her in front of the PHS tennis coach. It also emboldened a woman to threaten Mr Acuna on school property during school hours at Witter Field. The Post’s articles caused such strife in Mr. Acuna’s home, that his engagement broke off and he moved back to Arizona with his daughter.  This is a disgusting stain on our town, thanks to the Piedmont Post.

On May 23, 2017 Mr. Prosterman sent an email to the Piedmont School District describing various things said behind the scenes about people, students and employees of our School District.

PUSD School Board Very Vocal About Post Untruths

The Piedmont School District School Board has been very vocal in their displeasure with the Post’s unfair coverage of the School District and painting District decisions in the most negative way possible.  Please take a look below at two very thoughtful letters that call out the Post that have been posted to the Piedmont Civic Association website.  A poll of School Board Members would undoubtedly reflect concern if the Post was allowed to move so close to the school.

“The Post has been publicly critiqued by Piedmont Unified School District (PUSD) School Board members for its biased reporting on school bond measures and stories maligning PUSD staff and hires.”  

Being an Upstander:  https://www.piedmontcivic.org/2016/09/19/opinion-being-an-upstander/

The Piedmont Post’s Misrepresentations and Bullying Continue – https://www.piedmontcivic.org/2016/09/16/opinion-school-has-no-conflict-of-interest-despite-charge-by-piedmont-post/

The Piedmont Post is a Purveyor of Fake News

What do B Durham and Seamus Murphy have in common?  They are names of fake reporters on Page 2 of the Piedmont Post Directory routinely used to publish negative articles under “pen names.”  These profiles are used to initiate especially nasty negative articles.  Using fake reporters is the definition of “Fake News” and to have a purveyor of Fake News directly across the street from the High School would be a very bad decision by City leadership.

Keeping the Post Away From Students, Especially Females.

Transgressions of the Piedmont Post have not been a good example of a properly run publication in our community, and considering one of the main reasons for the Post’s application for a conditional use permit is “convenience for students to file sports stories,” we feel it would be setting a bad example to let the Post move so close to the school it continuously destroys in its editorial pages.

“City staff explicitly recommended “newspaper” as an acceptable use in its report to Council at the time. In The Post’s application for a Conditional Use Permit, it addresses this intent requirement with the following response: “It will be very convenient for students and residents to file sports stories, notice cultural events, to pick up copies of the weekly newspaper, and provide photographs, etc.”

We also believe the Post is just fine where it is currently located, at the farthest point possible away from students.  A very brave former employee came forth with stories of hateful staff “locker room talk” towards members of our community including Piedmont High School female students and athletes. This excerpt from an email Scott Prosterman, Former Piedmont Post employee, was sent [The email was not published on this website.] to the Piedmont Civic Association on February 4, 2016 and paints a very chilling picture of work behavior.

[  DELETED ]

Unhealthy Work environment / Threatens employees

The City cannot afford to have management practices based on threats to employees with bodily injury on City property.

This is a description of what it’s like to be an employee at the Piedmont Post, which was submitted by H. Scott Prosterman, Former Sports Writer for the Piedmont Post.  This is part of his email to former fellow employee Paisley Strellis:

“I enjoyed having you as a colleague during my brief tenure w/ the Piedmont Post., and I’d be happy to stay in touch. I started out enjoying the work too, but soon perceived that I was bombarded with mixed messages, confusing instructions, juvenile ridicule, brutal condescension and as you phrased it, “set up for arguments you JUST CAN’T WIN.” What an experience.”

This is Mr. Prosterman’s description of threatening physical violence when he was an employee at the Piedmont Post:

“[There was a] threat of physical violence in our exit meeting, “DON’T YOU MISCHARACTERIZE ANYTHING I SAY, OR I’LL PICK YOUR ASS UP AND THROW YOU OUT OF HERE RIGHT NOW WITH NO PAY.”

[ DELETED ]

by Piedmont United

Editors Note: Opinions expressed are those of Piedmont United and H. Scott Prosterman.
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Dec 15 2017

PRESS RELEASE

December 15, 2017

Piedmont Unified School District Saves Taxpayers More Than $26.1 Million with Bond Refinancing

On Tuesday, December 12th, the Piedmont Unified School District issued $27 million of 2017B General Obligation Refunding Bonds. Through the refinancing, property owners within the District will save more than $26.1 million over the remaining life of the bonds, equal to approximately $10.85 million in present value savings or 68.14% of bonds refunded. The substantial amount of savings generated from this refunding are primarily attributable to the Board’s decision to replace outstanding Capital Appreciation Bonds (CABs) with more cost effective Current Interest Bonds (CIBs). Refunding bonds, which are similar in purpose to refinancing a home mortgage, pay off existing debt with funds borrowed at a lower interest cost.

The refunding bonds were sold through a competitive bidding process with the winning bidder, Morgan Stanley & Co. LLC, submitting the lowest bid at a true-interest-cost of 3.17%. Morgan Stanley was the lowest out of 7 bidders, reflecting strong demand for the District’s highly rated bonds. Moody’s Investors Service and Standard & Poor’s assigned ratings to the District’s bonds at “Aa2” and “AA+,” respectively. The ratings place the District among roughly the top 15 percent of California school districts, reflecting the District’s strong financial management, steadily growing tax base and above-average economic profile.

“The Board of Education was thoughtful and deliberate during the planning stages for this refinancing and understood timing was critical as many municipal issuers fear they will lose the ability to advance refund bonds on a tax-exempt basis,” said Blake Boehm of KNN Public Finance, the District’s Municipal Advisor. The U.S Senate and House of Representatives are currently working through tax reform legislation that could eliminate municipal issuers’ ability to advance refund bonds with the pricing benefit of tax-exemption.

“The District appreciates the community’s ongoing support to our education programs and student facilities and we are pleased to have an opportunity to show our gratitude by significantly reducing the overall debt burden for homeowners.” The results of this successful refinancing reflect the Board of Education’s commitment to effectively manage its bond program and demonstrate strong fiscal stewardship of public funds. In total, the District has refinanced its outstanding bonds on six separate occasions going back to 2001, saving taxpayers more than $36 million dollars.

Randall Booker, Superintendent of the Piedmont Unified School District

www.piedmont.k12.ca.us

Dec 13 2017

PIEDMONT POLICE DEPARTMENT

Office of the Chief of Police

The Piedmont Police Department would like to thank one of our residents who recently called the police department to report an unknown subject who had walked onto his property. The subject looked into the kitchen window and when contacted by the resident asked for a person by name who didn’t live there.

When the resident took a picture of the subject, the subject fled. The resident noticed the vehicle the subject entered and the other passenger in the car. The resident was able to provide a detailed description of the vehicle and the direction of travel. He also posted this activity on Nextdoor. An initial area check for the vehicle was conducted, but they were not located.

Later in the afternoon, another resident reported seeing a suspicious vehicle driving on Blair Avenue. This vehicle matched the description posted on Nextdoor. She notified the Piedmont Police Department. Piedmont Police responded to the Blair Avenue area and found the suspicious vehicle.

A vehicle stop was made and officers made contact with the occupants. Officers located narcotic paraphernalia, checks, mail, credit cards and a driver’s license not belonging to the subjects. A further search of the vehicle revealed .22 caliber ammunition. The subjects were on active probation for other crimes. Both parties were processed and arrested.

Piedmont detectives discovered that the vehicle in question was related to a series of burglaries in and around Oakland over the past two months.

We want to remind residents to never place themselves in harm’s way, but when possible to notify police immediately of suspicious activity. When possible, collect as much information as possible about the suspicious persons or vehicles and provide that information to police.

Our CORE 4 principles to maintaining a safe community highlight some important reminders about knowing your neighbors, not opening your doors to strangers and reporting all suspicious activity.

For additional information, please contact Captain Chris Monahan at (510) 420-3012.

Police Department: 403 Highland Avenue ▪ Piedmont, CA 94611 ▪ Phone (510) 420-3000 ▪ Fax (510) 420-1121

SEE SOMETHING, SAY SOMETHING!

510/420-3000

Dec 13 2017
Comment about Peter Harvey’s opinion on the danger of cell towers.

Peter Harvey, a scientist at the Space Science Lab at UC Berkeley, has publicly expressed his opinion on the potential negative health effect of long term exposure to the electromagnetic radiations emitted by cell towers. In the piece published in the Post, he refers to two websites that report on the preliminary results of a study made by the U.S. National Toxicology Program (NTP) on rats. Several scientists claim that the NTP results provide “strong evidence for the genotoxicity of cell phone radiation”.

I am personally not concerned at this point in time for three reasons:

  1. Why should cell radiations harm the male’s brain and not the female’s, as reported by the study?

  2. As far as I could find out, the study has not yet been reproduced by another lab. Reproducibility and replicability together are among the main principles of the scientific method. There is an on-going crisis in research with regard to reproducibility as reported by the Journal Nature on May 25, 2016 : 70% of researchers surveyed have tried and failed to reproduce another scientist’s experiments, and more than half have failed to reproduce their own experiments.

  3. I trust the American Cancer Society’s opinion on cell towers.

If you are still concerned and want to minimize risk, there is a solution to shield yourself and your family from radiation: the Faraday cage. A Faraday cage is an enclosure used to block electromagnetic fields; it is formed by a mesh of conductive materials. It is very effective if the holes in the mesh are significantly smaller than the wavelength of the radiation. Cell towers wavelengths range from 6 to 15 inches. Best is to use a mesh made out of copper, but other conductive metals such as used in chicken wire would do. A shield can be built around a bed, a room, or a house. Conductive paint and conductive soft fabric are commercially available. Use the “bars” on your cell phone to check effectiveness.

On my side, I am thrilled by the enormous benefits that the cellular technology has brought to the third world. I just hope that research will someday establish a measure of the risk associated with the technology in a way that enables comparison with all the other environmental health hazards in our daily life. Then I may change my mind.

An entry in the blog of Joel Moskowitz (PhD in Social Psychology and Director of the Center for Family and Community Health at UC Berkeley) provides a useful comparison of the potential lifetime risk of cell phone radiations relative to the lifetime risk of death by accidents (that is unintentional injuries, such by car, fall, gun fire, …).  The first one is estimated at between 1 in 200 and 1 in 250 after 20 years of cell phone use, as per the peer-reviewed study of glioma (http://www.saferemr.com/2017/02/long-term-cell-phone-use-increases.html). The second one is around 1 in 34 as documented by the Information Insurance Institute (https://www.iii.org/fact-statistic/facts-statistics-mortality-risk).
So one would be about 6 times more likely to die from an accident than from a brain cancer induced by 20 years of cell phone use. True, the study used in this comparison only focus on glioma. But may be Joel can provide a better estimate using his knowledge of all the potential ill-health effects of cell radiations that have been investigated.
For those interested, this is the textbook on shielding: “Architectural Electromagnetic Shielding Handbook: A Design and Specification” by Leland H. Hemming”. It is available at UC Berkeley. A single conductive flat surface between a nearby cell tower and a bedroom can offer some shielding. Outlets are a simple way to ground the surface.
There are also websites that offers products for the home: https://www.lessemf.com/faq-shie.html. Their effectiveness is for sure enhanced by their placebo effect.
 by Bernard Pech,  Piedmont Resident
Editors Note:  Opinions expressed are those of the author.
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