BART trains will run on Monday, August 12.

If BART management and unions do not reach agreement on new contracts by 11:59 pm Sunday night August 11, San Francisco Superior Court Judge Curtis Karnow’s injunction will prevent a strike through October 1o.  (Contracts expired at the end of June.) 

At a Sunday morning hearing the parties learned that, as expected, Governor Jerry Brown was granted, if necessary, the injunction he requested for a 60-day cooling-off period between the BART bargaining parties. Under the injunction, BART employee unions cannot strike; nor can BART lock out employees during the 60-day cooling-off period.  It is hoped that during the two month period,  the bargaining parties can reach an agreement and prevent a strike in October.

Judge Curtis E.A. Karnow said he will sign the order after paperwork is submitted, the radio station said. The order, in the form of an injunction, would last through Oct. 10, the judge said.

It would take effect at midnight tonight if the two sides don’t reach a contract agreement before then. Talks were set to resume today at 1 p.m., KCBS reported.

Information and details on BART negotiations. 

Very low income housing units top the list –

At the Council meeting on August 5, the Council approved an agreement with Barry J. Miller in the amount of $34,780 for preparation of an update to the City’s Housing Element of the General Plan.  The planning costs for compliance with the state law continue to rise.  State laws require all cities to update their General Plan Housing Element every 7 years. Piedmont’s element needs to be updated in 2014.

Allocation of housing is based on State and regional determination of projected needs. This process is ongoing as population growth in the State and out-of-state migration results in increasing numbers of California residents. The Association of Bay Area Governments (ABAG) apportions specific new housing and jobs requirements for each city and county within its nine county Bay Area jurisdiction. 

Piedmont has struggled to meet ABAG’s requirements in the past because of the lack of available sites for new businesses and housing. As a fully built-out city with no opportunity to expand borders or annex properties, the City faces a dilemma every time the housing needs are allocated. Piedmont has argued against the allocation by demonstrating the problems associated with providing the housing units, specifically pointing to the City’s Charter, limited land area, costs, and zoning restrictions.  After a protracted process of negotiations and revised drafts, Piedmont achieved State certification of its Housing Element in 2011. (Read consultant Miller’s recitation of the months of rejections and revisions.) The Housing Element is the only part of a city’s general plan that is subject to State certification.

The Piedmont staff report states:

“As the Council is aware, one of the goals of the Housing Element is to define how the City has planned for its Regional Housing Needs Allocation (RHNA) – the amount of new housing units the City must show the State Department of Housing and Community Development (HCD) it can accommodate.

Under the existing Housing Element, the City was required to accommodate 40 new units, but the new RHNA allocation for the 2015-2022 Housing Element is 60 new units broken down by income category as follows:

Very Low Income  –  24 units
0-50%*
Low Income –  14 units
51-80%*
Moderate Income – 15 units
81-120%*
Above Moderate Income –  7 units
120%+*

*The income levels are expressed as percentages of Alameda County median income”

As a primarily single family residential city, Piedmont has long attempted to maintain its character through zoning and planning. Piedmont has addressed prior allocations through encouraging second units and infill of vacant lots.  New second units in Piedmont have frequently avoided parking requirements by agreeing to provide the units to very low income individuals for a ten year period.  A question has been raised about what happens to Piedmont meeting low income housing needs when the original ten-year period for the units has elapsed. Voter approval of zoning changes would be necessary to significantly increase Piedmont housing units.

To some, increased population is beneficial and indicates the desirability of the State’s strong economy. Advocates of infill and densification hope open space will be spared if people are housed in existing urban areas.

Opponents of infill and densification have described the imposition of housing unit allocations in urban areas as “the Manhattanization of California” changing the character of cities.

Compliance with State laws require a General Plan Housing Element that includes how a city will provide for the increases in housing units.   As of January 1, 2008, an amendment to the State Housing Element Law, mandates that cities strengthen provisions to respond to the housing needs of the homeless by identifying a zone or zones where emergency shelters are a permitted use without a conditional use permit.

For now, there is no penalty for not providing the prescribed number of units.  Piedmont currently has an approved Housing Element meeting all State requirements.  

Read the staff report.

At the August 5 City Council meeting, Geoffrey Grote Piedmont’s long time City Administrator announced he would retire effective February 2014.   Grote came to Piedmont almost 25 years ago and has steered Piedmont through many events and changes.

More information on Grote and his retirement will be published when available.

Through the efforts of Piedmont City Planner Kate Black, the City has won a highly competitive grant of $102,000 from the Alameda County Transportation Commission (CTC) to fund the City’s proposed Pedestrian and Bicycle Master Plan, including a Safe Routes to School component.

At the Monday, August 5 City Council meeting, the Council will be asked to approve a $120,000 consulting contract to hire Niko Letunic of Eisen-Letunic to develop the City’s first pedestrian/bicycle master plan. The $18,000 shortfall in the contract will be paid for by local “pass through” funds from the City’s existing Measure B bike/pedestrian funds, with no money anticipated coming from the city’s General Fund.  The contract with Leutunic is contingent upon an agreement with the CTC. 

If approved by the Council and agreement with the CTC, during the next year, Leutunic will examine existing conditions and issues related to biking and walking in Piedmont, assess the barriers, challenges and opportunities. He will assess and analyze concerns and needs of pedestrians and cyclists in Piedmont, and based on the assessment, develop a designated citywide network of bicycle routes and prioritized capital or physical improvements to the City’s pedestrian and bicycle infrastructure. He will recommend policy decisions the City can make to improve non-motorized transportation and identify the top priorities and an implementation strategy. Throughout the process, there will be numerous opportunities for Piedmont residents to participate in the plan’s development through public hearings and workshops.

According to Black, the Alameda CTC received 29 applications for pedestrian and bicycle projects, requesting a combined $18.2 million in funding. After reviewing and scoring the applications, the CTC awarded only $3.7 million (20% of the total amount requested) toward only eight projects, including the Piedmont plan. Black said, “The City’s application was greatly bolstered by the 120 thoughtful letters of support submitted by Piedmont residents and organizations, including 55 written by Piedmont Middle School students.”

Staff report

As negotiations continue, riders and taxpayers focus on BART employee compensation.  Could there be another BART strike on Monday, August 5 ?

SEIU 1021 President Roxanne Sanchez complained about the “unwillingness to bargain” of  Thomas Hock, BART management’s chief negotiator. “Thomas Hock has been involved in negotiations that resulted in seven other transit system strikes over the past 11 years.”

As the threat of a renewed strike looms over riders, media and others have taken the opportunity to examine some of the issues finding large disparities in BART compensation with comparable workers in other transit systems. BART employees are currently the “highest-paid transit operators in California” according to the San Jose Mercury News report on July 27. In addition to making no contribution to their pension plans, the article finds the average gross pay for blue collar union employees (excluding BART police and executives) was $76,551 in 2012. “BART’s top-paid train operator grossed $155,308 … BART had offered a wage increase of 5 to 8% … Unions had countered with a pay increase of 20.1% over three years…”

Comments to the BART Board of Directors may be emailed through the following link: http://www.bart.gov/about/bod/contact.aspx

BART riders are asked to comment on “the fleet of the future” – 

Until Friday, August 2, a scale model of the proposed BART train cars will be exhibited in the main hall of Oakland’s MacArthur Station. According to BART, the 1972 train cars are the “oldest railcars in the country right now.” They require more maintenance than newer cars and replacement parts are increasingly hard to locate. The design of the $3.4 billion fleet of new cars is by Bombardier Transportation, a Canadian company that was selected through a bidding process in 2012.

If the budget allows, the replacement cars would go into service over the period 2017-2023. Ridership has been increasing and is expected to top 500,000 passengers a day by 2018. To meet the added demand, the new cars would increase capacity with 10% more standing room and additional hand rails. The doors would dampen the noise for a quieter ride. The proposed cars feature three doors instead of two doors in each car to ease entering and exiting from the trains. The seats will be one-and-a half inches higher to provide leg room while reducing the spacing by an inch, have center armrests to clearly define passenger territory, and be cleanable vinyl to reduce replacement cost required by currently upholstered seats.

At the MacArthur Station a customer service representative has been present to take comments. Riders are invited to email comments to BART at:  http://www.bart.gov/siteinfo/comments.aspx

Scrutiny of Piedmont finances leads to consideration of bonds to pay off CalPERS “Side Fund” pension obligation. 

After Detroit’s fiscal crisis, Time magazine and the Wall Street Journal mention Oakland, Philadelphia and Chicago as cities facing large fiscal challenges.  The cover of the August 5 issue of Time asks, “Is Your City Next?” The lead article warns:

“Though nearly everyone agrees that Detroit is in particularly bad shape, many of its underlying issues — crushing debt and unfunded and unsustainable retiree benefits — are not unique. And those legacy costs are at the heart of what many experts believe is a coming municipal-finance crisis in the U.S. …Battles are already under way to decide if bankruptcy will let Detroit escape its pension commitments and turn away creditors. Promises, it must be said, will be broken; the questions now are which ones and how badly.”

According to the July 21 Wall Street Journal article, “After Detroit, Who’s Next?“:

“Take Oakland, which is Detroit’s doppelganger on the West Coast. The run-down Bay Area city, which has the highest crime rate in California, recently laid off more than 100 police to fund retirement benefits and pension-obligation bonds. Murders and robberies shot up by nearly 25% last year. To avert steeper cuts, the city borrowed an additional $210 million to finance pensions.”

Some months ago, the Piedmont Recreation Department staff recommended use of the East Wing of the Arts Center as a childcare facility.  After protest by community members and the Arts Center, the City Council directed staff to meet with the Arts Center leaders to determine how the City and Center could resolve issues surrounding the use of the East Wing. Negotiations broke down when the City’s requirements for expensive changes and new costs exceeded the Center’s abilities.

Piedmont citizens have voiced concern that the Recreation Department lacks sufficient programs for adults. The senior activity program proposed by the Art Center was a twice weekly mid-day activity.

During a public meeting, residents testified that after raising families and residing in Piedmont for decades, many miss seeing familiar faces and friends on a regular basis.  The potential for using the room at the Center for activities such as travel programs, board games, computers, literature, book reviews, exercise, arts, and leisure was welcomed by seniors and adults.

Piedmonters have questioned, “Why isn’t there a place for seniors to gather on a regular basis in Piedmont?”  “With all of the activities planned for children by the City, adults who have long supported Piedmont through taxes and donations, should be given  greater consideration.” Others have mentioned that there are already childcare facilities established by the City, while there is no on-going facility for adults to gather.

Further public consideration of the Arts Center East Wing use has yet to be scheduled on a Council agenda.

Turning on porch lights and strolling the neighborhood to prevent crime –

The National Night Out celebration on the first Tuesday in August has gained popularity throughout the United States over its three decades.  It began in 1984 in neighborhoods experiencing a sudden crime wave.  As a crime prevention tool, the goal was to strengthen neighborhood unity and spirit, and develop partnerships between city personnel and communities. The event brings together residents with their neighbors, law enforcement, fire personnel, community groups, businesses, neighbor organizations and local officials.  In 2012 more than 37 million people in 15,000 communities in all 50 states participated, U.S. territories and Canada.

Originally, it was simply a call to turn on porch lights at sunset and leave them on until 9 pm, while sitting on the porch or strolling the block to greet other neighbors. This year National Night Out falls on Tuesday, August 6 and will be celebrated in many of Piedmont’s neighboring communities.  To date with Piedmont’s historically low crime rates, it has not been observed in our city.

The City of Oakland will be participating in National Night Out on Tuesday, August 6.