The Piedmont Park Commission will meet on Wednesday, August 1 at 5:30 p.m. in the City Council Chambers, located in City Hall, 120 Vista Avenue.  The meeting will be broadcast live on cable Channel 27 and on the City’s website under videos.

From the Piedmont Police Department:

Piedmont, we need your help tracking down three armed robbers.

Around 5:47 this morning, a man was walking along Trestle Glen near Cavanaugh Court when he was approached by the three subjects. One of the men pointed a semi-automatic handgun at the victim and took his belongings.

The suspects then ran toward the area of Lakeshore Blvd. The suspects are described as Hispanic, in their early 20s, and wearing dark clothing.

If you have any information, please call Detective Jeff Spranza at 510-420-3013 or jspranza@piedmont.ca.gov.

You may hear from time to time comments that Piedmont issues should have been handled differently.  Now is the time to get involved and make certain those issues are publicly discussed and elected candidates represent Piedmont views.

Candidates for City Council and School Board are needed to fill available seats and guarantee an active and informative November 6, 2018 election.  Contact the City Clerk at 420-3040. 

Desired  candidates are Piedmonters who have been volunteers, activists, commissioners, committee members, teachers, previously elected officials, etc., who care about Piedmont and its schools.    

There are 3 positions on the City Council and 2 positions on the School Board to be filled at the election on November 6, 201

Those interested in Piedmont elective office must act before the 5 pm August 10 deadline to complete and file the necessary paperwork to be a candidate in the November 6, 2018 election.

Candidates need to promptly contact the City Clerk at 420-3040 for an appointment to receive filing information. The session with the City Clerk is projected to take one hour. 

There is no cost to be a candidate in the election nor to file for the election.

The California Elections Code requires that nomination papers be issued in person to the prospective candidate at City Hall, 120 Vista Avenue, Piedmont, CA 94611.

It is strongly recommended that residents wishing to take out and return candidate paperwork set an appointment with the City Clerk. 510/420-3040

This ensures prompt service for the candidate and allows the Clerk to devote full attention to the process. Residents without appointments will be seen on a time available basis and may be subject to interruption. Contact the Piedmont City Clerk at 510/420-3040. 

…….. Additional information for candidates ………..

The Piedmont “Guide to Nomination and Candidacy” is > HERE.

STAFF REPORT ESTABLISHING ELECTION  > http://www.ci.piedmont.ca.us/html/govern/staffreports/2018-06-18/electionprocedure.pdf

………….

There are 2* incumbents for the three Council vacancies and 2 incumbents for the two Board of Education vacancies. If an incumbent does not file for re-election, the nomination period will be extended by 5 days as below:

– * Elections Code Section 10225.

(a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the city are not filed by or on the 88th day before the election, during normal business hours, as posted, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent’s elective office.

• *On the City Council there is presently an appointed Council member, who is not considered by law to be an incumbent (Section 13107), but who can seek one of the 3 vacant seats on the Council at the November 2018 Election.

Residents with questions about the process should call the City Clerk’s office at (510) 420-3040.

Citizens Interested in Becoming a Piedmont Planning Commissioner Should Apply by Wednesday, August 15

Aradhana Jajodia resigned from the Planning Commission in June leaving a vacant position on the Planning Commission. 

The City is calling for volunteers to serve on the Piedmont Planning Commission:

SPECIAL NOTICE OF APPOINTIVE VACANCY NOTICE IS HEREBY GIVEN that an appointive vacancy exists:

Planning Commission 1 vacant position

All interested citizens must complete and return the application form on or before the posted deadline of Wednesday, August 15, 2018. Postmarks will not be accepted.

All applicants must be available for an interview with the City Council on Monday, August 20, 2018, starting at approximately 5:30 p.m. The City Council will make the appointment on that date.

APPLY ONLINE ……..

Interested residents may > apply online or download the > Application for Appointive Vacancy.  Applications are due to City Hall on or before the deadline of Wednesday, August 15, 2018 at 5:00 p.m. Postmarks will not be accepted.

Applications are also available on the city’s website at www.ci.piedmont.ca.us or from the office of the City Clerk, Piedmont City Hall, 120 Vista Avenue, Piedmont, or by telephone at (510) 420-3040.

Duties of the Planning Commission  are: 

Review building plans and make decisions regarding proposed modifications or construction to buildings, including homes, fences, etc. Hold public hearings. Advise the City Council on issues related to planning and building such as design review standards and ordinances.  Meet monthly on the second Monday at 5:00 p.m. Requires approximately 4+ hours per month in addition to meeting time. Commissioners visit application sites preceding each meeting. 

For more information or to download an application form, please visit http://www.ci.piedmont.ca.us/city-seeks-…

City contact:  City Clerk, John Tulloch, 420-3040

Now is the time for Piedmonters to step up and seek election to the City Council and Board of Education.  Candidates are needed to fill available seats and guarantee an active and informative election.

Council members recently stated they wanted more and different Piedmonters to seek election to the City Council instead of formerly elected Council members who might be better known.  The Council wanted more citizens to have an opportunity to be elected to the City Council. During recent City Council discussions of the City Charter, the City Council specifically added a proposed provision limiting City Council members ability to seek a return to the Council until 8 years had intervened rather than four years, noting that more Piedmonters should have a chance to be elected.   

The time is now to be a candidate for City Council and Board of Education.  

The Board of Education, according to Piedmont staff, declined a proposed change to the City Charter to exclude former Board members’ as candidates for 8 years, thus former Board members would continue to be able to seek a return to the Board following a 4 year hiatus.  Apparently, there was no issue regarding former Board members seeking re-election to the Board of Education. 

Numerous potential candidates are Piedmonters who have been active on commissions, committees, as volunteers and activists proving they care about their community and its schools.    

There are 3 positions on the City Council and 2 positions on the School Board to be filled at the election on November 6, 2018.

Uncontested elections:

A number of Piedmont City Council and School Board elections have been uncontested in the past, meaning only enough candidates seek election to fill the open positions and all candidates are automatically elected to the positions they seek.  Uncontested elections engender less interest and little discussion of issues, as there is no competition or true election by voters.

ISSUES:

Some City Council issues:

• potential new bond ballot measure for sports facilities
• City Charter adherence 
• zoning changes and construction regulations
• taxation increases
• garbage rates and contract terms
• cell tower installations
• police officers in schools
• employee hiring and oversight
• facility improvements
• citizen involvement – open participatory processes
• road and sidewalk repairs
• fire and emergency safety
• environmental matters

Some School Board issues:

• school construction within constraints of  bond funding limits
• student population changes
• revenues sufficient to support operations and programs
• comparisons to other public and private schools
• school safety
• police officers in schools
• taxation increases
• community engagement and participation through information to community
• personnel selections
• prompt responses to students and parents concerns
• communications between school and home
• community use of school facilities
• environmental matters

The time to begin the process is now.

Those interested in Piedmont elective office must act before  the August 10 deadline in completing and filing the necessary paperwork to be a candidate in the November 6, 2018 election.

Candidates need to contact the City Clerk at 420-3040 for an appointment to receive filing information including taking out and returning candidate paperwork.  The session with the City Clerk is projected to take one hour. 

Procedures for Candidate’s

The City of Piedmont will hold its General Municipal Election on November 6, 2018. The nomination period for the three (3) vacancies on the Piedmont City Council and two (2) vacancies on the Board of Education opened on Monday, July 16th. The deadline for submitting completed paperwork is:

Friday, August 10th at 5:00 p.m.  with the City Clerk at Piedmont City Hall, 120 Vista Avenue.

There is no cost to candidates to file for election.

The California Elections Code requires that nomination papers be issued in person to the prospective candidate at City Hall.

It is strongly recommended that residents wishing to take out or return candidate paperwork set an appointment with the City Clerk. 510/420-3040

This ensures prompt service for the candidate and allows the Clerk to devote full attention to the process. Residents without appointments will be seen on a time available basis and may be subject to interruption. Contact the Piedmont City Clerk at 510/420-3040. 

…………..

The Piedmont “Guide to Nomination and Candidacy” is > HERE.

STAFF REPORT ESTABLISHING ELECTION  > http://www.ci.piedmont.ca.us/html/govern/staffreports/2018-06-18/electionprocedure.pdf

………….

If an incumbent does not file for re-election, of which there are 2 incumbents* for the 3 Council vacancies and 2 incumbents for the two Board of Education vacancies, the nomination period will be extended by 5 days as below:

– Elections Code Section 10225.

(a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the city are not filed by or on the 88th day before the election, during normal business hours, as posted, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent’s elective office.

• *On the City Council there is presently an appointed Council member, who is not considered by law to be an incumbent (Section 13107), but who can seek one of the 3 vacant seats on the Council at the November 2018 Election.

If there is a tie vote Section 15651 shall apply:

In the event of a tie-vote for any office which is being voted on at such General Municipal Election, the provisions of Section 15651 of the California Elections Code, relating to determining the tie by lot, shall apply.

Residents with questions about the process or wishing to make an appointment should call the City Clerk’s office at (510) 420-3040.

Earthquake preparation for water lines – 

On Wednesday July 11, 2018,  an East Bay Municipal Utility District (EBMUD) District Board briefing was held at the EBMUD Administrative Building on 11th Street in downtown Oakland. Present at the meeting were EBMUD Board of Directors for three of the Wards for EBMUD local service areas: Doug Linnet, William B. Patterson, and Marguerite Young.  Invited Guests present at the meeting included other EBMUD representatives, elected officials, local media (including PCA), and other community leaders. Director Marguerite Young is the elected representation of Ward 3, the local service area which includes the City of Piedmont.

Much of the briefing focused on many of the general issues that confront the east bay with regards to water and water waste. In terms of the ongoing drought, Director of Operations and Maintenance, Clifford Chan says that the end of year water storage and reservoirs look good and healthy.

Issues included recapping on certain projects in the area, like a 7 million dollar odor reduction operation that was just completed on the water treatment plant beside Interstate Highway 80. This insures a reduction in the strong odors that drift across the highway and into the Target store and other shopping centers in the Emeryville area. This accompanies other projects that EBMUD has taken on.

During the 2017-2018 year EBMUD has begun the process of replacing old transmission pipelines. Several of these pipeline replacements will take place in EBMUD Ward 3 and will have an effect on daily activity in Piedmont. One such case is the replacement of an 88-year-old pipeline that runs beneath Grand Avenue on a stretch between Arroyo Avenue and Oakland Avenue. The construction on Grand Ave will force some lane closures, but EBMUD says it will maintain two way traffic at all times. In case of water service interruption, residents will be notified either in person or with a door hanger.

Several of the replacement projects in Ward 3 will have pipes rebuilt to withstand seismic activity like pipes running through Berkeley and Oakland that are built near or on the Hayward fault line such as a new pipeline that is running by Cal Memorial Stadium and beneath Highway 24, which services water through Berkeley, Oakland, and Piedmont. This line near the fault line will need to be engineered to withstand a large earthquake within a close proximity.

by Joe Creason, Journalism Intern

Calling All Dog Walkers  SUNDAY, July 22nd 5 pm in Dracena Park

Join the Piedmont Police Department for our Neighborhood Dog Walker Watch Meeting, SUNDAY, JULY 22, 2018 at 5 p.m. in Dracena Park.  We will be providing safety information and resources on how you can assist Piedmont Police Department by becoming the eyes and the ears of the community while out walking your dog.

For more information contact the Piedmont Police Department at 420-3000.

Council would hire, but could not fire.

Facing a strong Administrative staff proposal to diminish the Piedmont City Council’s authority and control, the Council appeared confused, lacking clarity or direction.  Council members questioned issues as basic as whether the Council or the City Administrator should hire and fire the City’s top managers – Police Chief, Fire Chief, Finance Director, etc.

The City Council had paid little attention to the City Charter until there was a desire to accumulate ever greater amounts of revenue in reserve, without clear and specific purposes.

Overriding the unlimited reserve issue became the Administrative staff desire to change how Piedmont is governed. 

The review and changes to the City Charter had been pushed by former and resigned mayor, Jeff Weiler, who wanted the City to not only have a permanent, potentially escalating parcel tax, but who wanted the City to garner and retain in the General Fund Reserves unlimited amounts of revenue.

The City Council asked the Administrative staff to look at the City Charter and propose changes.   The Council was eager to allow the staff to construct their proposals independent of Council originated ideas. Individual Council members were to privately, outside of Council meetings,  submit to the City Administrator Charter changes they wanted.

The Administrative staff came up with a monumental proposed change to Piedmont’s long-held system of governance. The Charter changes proposed will significantly reduce Piedmont’s City Council’s long-held authority and Council responsibility for City services.

City Administrator, Paul Benoit, proposed that the City Council should no longer appoint top Department Heads, Police Chief, Fire Chief, Finance Director, Public Works Director, etc., he, the City Administrator, should have complete hiring and firing authority.

The Council did not totally accept Benoit’s proposal and chose to continue their long-held practice of hiring key positions.  The Council however, relented on Benoit’s proposal to allow him, the City Administrator, to be the sole individual authorized to fire key staff members hired by the Council.

The Council, in deference to Benoit, who is well liked by the Council, was also willing to forfeit their right as a Council to direct the Police Chief, Fire Chief, etc.  The Charter revisions as proposed will require all Council direction to go through the City Administrator, even if the Administrator position is vacated or terminated.  If there is a conflict with the City Administrator and a Council hire, the only choice the Council will have is to fire the City Administrator.

Mayor Bob McBain wanted to totally relinquish to the City Administrator the Council’s hiring and firing authority, but this was not supported by other Council members.

The City Administrator proposed governance is a form of governance traditionally found in cities with directly elected mayors who have more executive authority than Piedmont’s largely ceremonial Council-selected mayor, rotating among  their members with limited powers as set out in the City Charter. 

Council questions regarding Charter language stating the Council has authority “to direct” their appointees led to further Council confusion.  Despite specific existing language in the City Charter stating Council members as individuals are not allowed to direct staff members, Benoit argued he did not want the Council as a whole to be able to direct staff members even during Council meetings or emergency situations.

Individual Council members have been known to direct staff without the knowledge of the Council as a whole perhaps encouraged by a City Administrator.  It can be easier and faster for an administrator to gain direction from one person, a Council member, the mayor, than from a majority of the Council as required by the City Charter. 

The City Council and the City Administration, including the City Attorney, in recent years have not been attentive to the intent or language in the City Charter.  Since Piedmont’s long-term attorney retired, a great amount of knowledge on the City Charter has apparently been lost or ignored.

In considering proposals for changing Piedmont’s City Charter, the City Council has held a number of poorly attended, fragmented public meetings.  No independent committee, as in previous years, was formed to carefully consider the complex and important City Charter despite a number of citizen requests. Because of various voids in the questionable proposals, it is obvious  the entire Charter was not carefully considered nor discussed leaving many questioning the process and the proposals.

Significant current issues were never considered during the Council Charter review process. 

Some examples are:

• requirement for voters to make zoning changes
• borrowing money for more than one year
• Council officer vacancies
• bid advertisements and notifications

The Council agenda for Monday night appears to acknowledge that the Council, City Administrator, and City Attorney have not upheld Piedmont’s City Charter. 

The Council agenda items for the Monday, July 16, 2018 meeting rebuffs the City Charter when it states “Conform to Modern Practice.”  No one would want the City Charter to perpetuate unlawful practices; however, “Modern Practices” infers and confirms non-compliance with Piedmont’s long successful and practical City Charter.  Prime examples of ignoring the Charter are the usurpation of Council authority, borrowing money, and negation of voter approval for zoning changes.

The Council decided to separate the governance issue from the remainder of the Charter revision proposals after sensing the potential opposition to turning over long-held Council authority to the City Administrator.  Piedmont voters will find little transparency in the attempt to change Piedmont governance as noted in the staff report below:

Amendments to the City Charter to Clarify the Reporting Structure for Officers of the City, Clarify the Departments Responsible for Maintenance of Park Lands and Recreational Facilities, and Make Other Amendments to Conform the Charter to Modern Practice 

 Council dropped notion of unlimited General Fund Reserves.

When Kathleen Quenneville, a local authority on civic governance, told the Council that the Charter proposal to eliminate the cap on General Fund Reserves would not be supported by voters, the Council promptly removed the proposal, as it is their desire to not initiate opposition to Council proposals since a prospective voter approved future facilities bond measure is being considered.  Concern was expressed by Council members wanting to keep voters positive about Council actions and proposals, leading to the unlimited General Fund Reserves being dropped, and the separation of City Administration governance from other proposals.

This article does not describe the many other proposals suggested by the Council, however urgency does not appear to be present.  Items continuing to be of concern are:

• Inconsistencies between the School Board and Council elections – School Board members could seek re-election after sitting out for 4 years, whereas City Council members must sit out for 8 years, unknown in other communities
• Extension of time to fill Council vacancies from 30 days to 60 days

The Charter change matter will be considered by the Council at 7:30 p.m., Monday, July 16, 2018 in City Hall, 120 Vista Avenue.  The meeting will be broadcast live on Cable Channel 27 and from the City website under videos.

Comments can be made to the City Council as below:

Robert McBain, Mayor	rmcbain@piedmont.ca.gov	(510) 420-3048	2nd Term Exp. 11/20
Teddy Gray King, Vice Mayor	tking@piedmont.ca.gov	(510) 420-3048	1st Term Exp. 11/18
Jennifer Cavenaugh	jcavenaugh@piedmont.ca.gov	(510) 420-3048	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	(510) 420-3048	Unexpired Term Exp. 11/18

Below are the staff reports: 

07/16/18 – Consideration of the Following Actions Related to the Possible Amendment of the City Charter

a. Approval of a Resolution and Measure Proposing Amendments to the City Charter to Modify Term Limits for the City Council, Modify the Procedures for Filling of Vacancies in Elected Offices, and Make Other Amendments to Conform the Charter to Modern Practice

b. Approval of a Resolution and Measure Proposing Amendments to the City Charter to Clarify the Reporting Structure for Officers of the City, Clarify the Departments Responsible for Maintenance of Park Lands and Recreational Facilities, and Make Other Amendments to Conform the Charter to Modern Practice 

07/16/18 – Consideration of Options Regarding a Direct Argument and a Rebuttal Argument Regarding the Charter Amendment Measure on the November 6, 2018 Ballot

Piedmonters begin their first waste pickups under the new Republic Service contract — How is it going?

There are residents complaining and surprised over the higher fees for less service – only 2 bulk pickups per year – giant leap in charges for backyard services.

On Monday, July 2, some Piedmonters had their first garbage pickup under the new terms of service with Republic Services.  Prices increased to the new rates as follows:

Curbside Collection:

• 20 Gallon Garbage Cart – $79.84 per month
• 35 Gallon Garbage Cart – $84.60 per month
• 65 Gallon Garbage Cart – $116.55 per month
• 95 Gallon Garbage Cart – $130.52 per month

On-Premises (Backyard) Collection:

• 20 Gallon Garbage Cart – $122.17 per month
• 35 Gallon Garbage Cart – $126.93 per month

Bright new blue Republic trucks collect the waste. Some citizens have observed blue & green bin contents blended.

The City Council gave extensive consideration prior to granting a new 10 year exclusive franchise contract with Republic Services for Piedmont waste collection.  The City Administrator recommended hiring an outside consultant to learn from Piedmonters what they sought in a new contract and meetings were held to take public input.

In the end, despite the expense of the outreach to residents and production of a refined collection specifications, only one contractor bid on Piedmont’s waste collection, Republic Services, Piedmont’s long term collector.  Some speculated the bid specifications and solicitation for bidders had been inappropriate. City staff noted, in particular,  Piedmont’s desire to retain an option for On-Premises (Backyard) had screened out at least one provider.

Comparisons were made to other cities fees, and Piedmont’s new fees are significantly above others.

There are California cities making waste collection part of their municipal services, as streets, Fire and Police.  Property taxes, which are generally deductible, depending on Federal tax laws, can cover the cost of the waste collection rather than a separate non-deductible fee. The Piedmont City Council decided to increase the collection fee and did not pursue a tax deductible option.

The new fee covers more than each individual customers services: it pays for extensive services to the City and Schools.

The increased fees are impacted by novel items not found in other cities contracts:

• Individual property waste collection fees cover all of Piedmont’s waste collection needs at no cost to the City –  debris, office waste, festivals, street cans, etc.
• Individual property waste collection fees cover all of the waste collection needs and costs at Piedmont public schools.
• A reduced rate for those unable to move their carts to curb requires  City staffing newly assigned to provide the application process.
• An education program for schools and community to reduce waste, particularly waste going to landfill.
• High franchise fee paid directly to the City of Piedmont.

To learn more about Piedmont’s waste collection contract, use the “Search” link on the left side of this  page and type in “Republic,” ” Recycling,” or “Garbage. “

The Piedmont Civic Association upon learning of recycling difficulties  encountered by Republic Services, Piedmont’s recyclable waste collector, made inquiry to Republic regarding the final disposition of recyclable waste collected in Piedmont.  The following is a letter from Republic Services and an attachment explaining the problems incurred in properly recycling materials gathered by their large company.

June 26, 2018

Thank you for your email sent through our corporate system.  I apologize for the delay in responding to your organization.

Please see attached a copy of a letter [LINK BELOW] that was sent from Cal Recycle that describes in more detail the issue with the China Sword.

First, I would like to acknowledge the City of Piedmont, as your residents do a wonderful job!

In response to your question regarding the recycling material we collect and process in Piedmont,  it is not going to the landfill.

Our local processing facility has been resourceful to date in finding sources to sell  recycling material that we collect.

We are communicating with the leadership in Piedmont providing information and updates and  will include your organization as well going forward on any information or change in our operations.

Please feel free to contact me directly with any questions or concerns.

Thanks so much for reaching out !

Best Regards,

Bielle Moore

Community and Government Affairs Manager, Republic Services

Richmond, CA

Excerpt from document:

On May 4th, China stopped accepting any imports of recyclable materials from the United States for one month. This decision follows China’s implementation of its National Sword policy on March 1st, banning the imports of 24 categories of scrap materials including low grade plastics and unsorted mixed paper, and setting strict contamination standards for allowable bales of recyclable material. The exporting of recyclable commodities to China, primarily our traditional curbside materials, has historically been a key component of California’s recycling infrastructure. Approximately two thirds of curbside collected material is exported to foreign markets.

Read May 8, 2018 correspondence of  Republic Services  beginning on page 17  > document.

The document includes over 100 pages of information.