Apr 29 2019

Final Consideration of New Design Guidelines: Planning Commission Monday, May 13

Landscaping and Buildings

Piedmont Planning Commission Meeting, Monday, May 13th – 5:00 p.m.  City Council Chambers, 120 Vista Avenue

The meeting will be broadcast live on cable Channel 27 and from the City’s website under videos/ Planning Commission.

Updating and reformatting the guidelines for single-family residential construction, new guidelines for multi-family residential construction, commercial and mixed-use construction commercial signage, and landscaping are being considered.

At its meetings on May 13th, the Planning Commission will consider updates to the city’s Design Guidelines, which provide a framework for actions of staff and the Planning Commission in making decisions regarding Planning Applications from residents.  At the May 13th meeting, the Commission will take testimony from the public, continue its discussion, and consider a recommendation to the City Council.

Background

This project to update and reformat the City of Piedmont Design Guidelines is the fifth and final phase of policy updates undertaken in response to the adoption of the General Plan in 2009 and the Housing Element in 2011. The first four phases were related to revisions of City Code Chapter 17 (the Zoning Ordinance) and were completed between 2012 and 2017. Specifically, Action 28.E in the Design and Preservation Element of the 2009 General Plan calls for the City’s Design Guidelines to be updated.

Draft updated Design Guidelines

In addition to updating and reformatting the guidelines for single-family residential construction, the draft update includes new guidelines for multi-family residential construction, commercial and mixed-use construction commercial signage, and landscaping.

A chapter that includes design guidelines for wireless communication facilities will be added at a future date. In addition to the links below to the electronic copy of the draft Guidelines, print copies are available for viewing at Piedmont City Hall, 120 Vista Avenue.

Draft City of Piedmont Design Guidelines, dated March 2019.

This document is comprised of seven chapters, plus a table of contents and glossary. Copies of each section may be downloaded at the links below:

April 8, 2019 Planning Commission Meeting

Related Documents

City Council to Consider Adoption

The Planning Commission’s recommendation concerning the draft Design Guidelines will be forwarded to the City Council for its consideration, as it is the decision making body for this matter. The date of Council consideration will be publicized well in advance of the meeting.

Public Engagement

Public comment is invited throughout the process. Interested members of the public are encouraged to read the draft Design Guidelines and staff report, and attend the Planning Commission meeting scheduled for 5:00 p.m. Monday, May 13, 2019 in City Hall, 120 Vista Avenue. Written comments and requests to receive email notification of activities related to the Design Guidelines update should be sent to Planning Director Kevin Jackson at kjackson@piedmont.ca.gov. Comments on paper can also be submitted by hand or by mail to the Piedmont Planning Commission or City Council at 120 Vista Avenue, Piedmont, CA 94611.

READ the full agenda here > May 2019 Planning comAgenda

Apr 28 2019

Magnolia Avenue Trees, Lower Grand Median, Fenway, New Waste Containers: Wed., May 1

The Piedmont Park Commission will meet on Wednesday, May 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.

Park Commission Agenda for May 1:

  1. Approval of Park Commission Minutes for April 3, 2019
  2. Receipt of a Report on Magnolia Avenue Tree Assessment
  3. Update on Lower Grand Avenue Triangle and Median Landscape Improvements
  4. Consideration of New Trash, Recycle, and Green Waste Containers for Outdoor Public Spaces
  5. Update on Hall Fenway Spring Plantings
  6. Update on Arbor Day 2019
  7. Monthly Maintenance Report: Park, Open Space, and Street Tree Update for the Month of April, 2019

READ the full agenda, minutes, and reports below:

> FINAL-Park Commission Agenda-May 1, 2019

Apr 28 2019

Bike to Work Day: Thursday, May 9

Thursday, May 9th is the 25th annual Bike to Work Day in the Bay Area! Join your fellow Piedmonters in riding to work!

This year, there will be two energizer stations in Piedmont. The first, sponsored by Piedmont Connect, will be located in the Ace Hardware parking lot at 1221 Grand Avenue, and will be open from 7:00 to 9:00 a.m.

The second, sponsored by the City of Piedmont, will be located in the Community Hall parking lot at 711 Highland Avenue and will also be open from 7:00 to 9:00 a.m.

Please stop by either energizer station to get treats, bicycling information, and other materials. For more information on Bike to Work Day, please visit: https://bikeeastbay.org/events/bike-work…

For more information on the City’s energizer station, please contact Steven Lizzarago at (510) 420-3050 or slizzarago@piedmont.ca.gov

Apr 28 2019

Philanthropy, Race, Equity and Social Justice: May 10

League of Women Voters of Piedmont Annual Meeting & Luncheon

With Guest Speaker Lateefah Simon
on Philanthropy, Race, Equity and Social Justice

Image result for lateefah simon

The 11:00 a.m. speech is open to the public at no charge.

Friday, May 10, 2010 10:00 am – 1:00 pm

40 Highland Ave, Piedmont, CA

Join the League of Women Voters Annual Membership Meeting and lunch on May 10, 2019. The guest speaker, Lateefah Simon is President of the Akonadi Foundation, an organization dedicated to supporting the development of social change movements to eliminate structural racism and create a racially just society. The organization’s vision is to transform the climate in Oakland to one of compassion, respect, and dignity for youth and young people of color.

As a nationally recognized advocate for civil rights and racial justice, Ms. Simon has over 20 years of executive experience in advancing opportunities for communities of color and low-income communities in the Bay Area.

Ms. Simon has received numerous awards for her work, including the MacArthur Genius Fellowship and the Jefferson Award for extraordinary public service. She has been recognized by the Ford Foundation, the National Organization for Women, Lifetime Television, O Magazine and was named Woman of the Year by the California State Assembly. In 2016, Ms. Simon was elected to serve District 7 on the BART Board of Directors and was appointed by Gov. Jerry Brown to the California State University’s Board of Trustees. She also serves on the Board of Directors for Tipping Point Community.

The Annual Meeting will start promptly at 10:00 am, followed by the speaker at 11:00 and lunch at noon. Lunch is $30. To reserve your spot, please visit the LWVPiedmont.org by May 3, 2019 and click the Annual Meeting link. This event is open to the public, there is no fee for the speaker portion of the program.

Apr 22 2019

School Support Tax Polling Results: School Board April 24

Discussion of School Support Tax Polling Results:

Piedmont Unified School District, City Hall, 120 Vista Avenue.  The School Board Meeting will be broadcast live 7:15 p.m., Wednesday, April 24th on Cable Channel 27 and from the City website under videos/School Board meeting.

READ the staff reports below:

VI_A_BackgroundSchoolSupportTaxPollingResults_

VI_A_PollingResultsPresentation_

Apr 22 2019

OPINION: A Per Square Foot of Building Tax For Our Schools

School Board Discussion Wednesday, April 24 of Building Square Footage Tax Basis

Recently I published a letter advocating a progressive per square foot of building tax, that no owner pay more than $4,999, unimproved lots would be taxed at $1099, a SSI/SSIW exemption be included, a 2% annual cost adjustment and an optional income based senior exemption with at most a 2% revenue reduction. Locally the per square foot of building tax is used to support Alameda, Berkeley Emeryville, and West Contra Costa County Schools.

Mr. Raushenbush published a letter opposing my square foot building tax proposal; I first presented this to our School Board Jan. 9. The per square foot of building tax is a more equitable progressive tax than the previous five tier parcel with commercial differentiations levy that Piedmont used for 27 years. Mr Raushenbush also states that a per square foot of building tax is not legally viable despite it being in common use in other School Districts.

This Wednesday April 24, 2019 at 7 p.m. Piedmont School District meeting will include the results of a survey concerning a per square foot of building tax and the existing flat rate parcel tax. The final ballot result at p.15 of the report shows definite/probable yes at 73% for the per square foot and 62% for the flat rate. 67% is needed to pass.

Rick Raushenbush was Chair of the School Board at the Dec. 11, 2012 emergency meeting when the existing 27 year partially progressive tax was replaced with current Measure A flat rate tax. Chairman Raushenbush stated the 27 year tax “had a variety of progressivity to it.” (Dec. 12, 2012 video at 14:40) http://piedmont.granicus.com/MediaPlayer.php?view_id=3&clip_id=851

The result of going from the previous tax with “progressivity” in 2012 to a flat rate tax resulted in the following. Of the 3,921 School tax parcels in Piedmont, 76% of Piedmont homes are on parcels under 10,000 square feet (“sf”). The 2012 flat rate “emergency” tax raised their previous $1,989 and $2,260 taxes to $2,406, a 6% to 21% increase. Taxes on undeveloped parcels, another 2%+ of taxpayers, went from $1,009 to $2,406, a 238% increase. Today the $2,406 tax is $2,656. At the same time a small percentage of taxpayers received significant reductions. Owners of large parcels, commercial buildings and multi-unit buildings saw reductions of 7% to 80%. Some large commercial buildings previously taxed at $5,052 went to $2,406, a 52% decrease. Lots of 20,000 sf went from $3,378 to $2,406, a 29% decrease. A multi-unit building went from $11,907 to $2,406, an 80% decrease.

The 2012 Board expressed regret at creating the above inequities. When I presented my square foot progressive tax idea to the School Board earlier this year, the regret was again sincerely expressed. The School Board wants to adequately fund our schools and in the most equitable manner possible. The history of other School Districts and their use of a per square foot of building tax:

I. ALAMEDA’s June 2008 tax Measure H imposed different tax rates on residential and commercial property. Alameda was sued by Borikas (as the case is commonly identified) and Alameda prevailed in Superior Court. Borikas plaintiffs appealed and the Appeals court reversed in favor of Borikas Dec. 2012.

March 2011 Alameda passed Measure A which abandoned the previous Measure H tax and imposed 32 cents “per building square foot.” Measure A also has an annual $7,999 cap and unimproved lots at $299. The same Boricas plaintiffs sued (Nelco, Inc. v. Alameda Unified School District, Alameda County Superior Court, #RG 08-405984 Measure A) to invalidate Measure A. Sep. 2011 Judge Frank Roesch, Alameda County Superior Court . . . rejected all the Plaintiff’s claims and dismissed the petition in the case (Alameda Patch Sep. 13. 2011). The per square foot tax of Measure A remained in place.

Nov 2016 Alameda passed Measure B1 which duplicated and continued the “per square foot of building” tax of Measure A. Alameda was then sued on the same issues by the same Nelco plaintiffs that had opposed Measure A in 2011. In Feb 2018 Alameda prevailed in Superior Court. See May 4, 2018: http://www.alameda.k12.ca.us/news/view?d=x&id=1525422895157

Since 2011 Alameda School District has used and continues to use the per square foot building tax. Alameda has been sued twice specifically on it’s per square foot tax. Both times Alameda Schools prevailed in court and uses the per square foot of building tax since 2011.

II. EMERYVILLE schools (“Emery”) passed a per square foot of building tax in July 2007. When considering a renewal of its previous 15 cent per square foot building tax, Emery relied on the legal opinion of two attorneys from Fagan, Friedman, Fulfrost, LLP and the opinion of a third legal expert on school tax challenges from Lozano, Smith. A fourth attorney that specializes in litigating educations issues, John Affeldt, was on the Emery board at the time. Measure K passed Nov. 2014 and imposes “fifteen cents of building area per square foot” for 20 years. In summary since 2007 the per square foot of building tax has been and is used in Emeryville unchallenged. Piedmont uses the same legal firm of Fagan, Friedman, Fulfrost, and LLP

III. BERKELEY passed School tax Measure H Nov 2010 which imposed a per square foot of building tax at 6.31 cents and 9.46 cents respectively on residential and commercial buildings. Nov 2016 Berkeley passed Measure E1 which imposed 37 cents per square foot of tax on “all taxable buildings.” Likely Measure E1 eliminated the residential commercial differentiation because of Borikas. Berkeley Schools use the per square foot building tax and has not been challenged.

IV. WEST CONTRA COSTA COUNTY started using per square foot of building tax in 2004; the tax imposed 7.2 cents per square foot of building and $7.20 on unimproved property. An identical tax was renewed 2008 with Measure D and again Nov 2012 with Measure G. 1/4/2013 plaintiffs Bypass 93 Properties & American Standard properties represented by David Brilliant, the Borikas attorney, sued to invalidate Measure G ( Contra Costa 1/4/2013 MSC13-00024). The same plaintiffs also sued the San Leandro School District. The result of the litigation against West Contra Cost is that in 2016 West Contra Costa passed Measure T which retained the 7.2 cents per building square foot and eliminated the unimproved property differentiation. Unchallenged Measure T renewed to 2024 and West Contra Costa continues to use a per square foot building tax. (Legislation AB2954 passed Sep 2018 now allows a different unimproved property rate. The plain language is readily understandable as I am not an attorney.)

Dannis, Woliver & Kelley, a noted Law Firm that drafts and administers Parcel taxes, commented on Donlinger, a Jan. 2019 appeals court decision concerning per square foot of building tax: “Last week (Jan 2019), a California appellant court validated a local agency’s special tax calculated on the basis of square footage of improved structures. In Donlinger . . . the statute involved mirrors the statutory authority used by school and community college district to levy parcel taxes, including the requirements that the tax be “uniform” . . . The court concluded: “We do not read the statute to require a uniform effect or outcome, but rather uniform application.””  https://www.dwkesq.com/per-square-foot-parcel-taxes-upheld-by-court-of-appeal/

Mr. Raushenbush states the per square foot of building tax is legally suspect. The per square foot of building school tax is used in Alameda which prevailed in 2011 and 2018 to legal challenges specific to its per square foot tax. There have been no legal challenges to per square foot school taxes in Berkeley and Emeryville. West Contra Costa after litigation uses a per square foot of building tax. Mr. Raushenbush raised the issue of litigation cost for Piedmont schools; all School Districts take litigation costs as seriously as Piedmont, they will not invite litigation and the per square foot tax is now unexceptional. There is no case of a per square foot building school tax being litigated which forced the School District to abandon the per square foot tax.

The groups of Plaintiffs in the various actions against Alameda Schools are large commercial property owners. In Piedmont a litigant would most likely be a homeowner who would then likely suffer a significant social stigma. With a reasonable cap in place, I suggest $4,999, the very few commercial owners that previously paid $5,052 before 2013 would have no incentive to sue. While virtually anything can be contested with a financially willing client, the likelihood of a per square foot of building School tax being challenged by a Piedmont resident is unthinkable.

Mr. Raushenbush states that unimproved lots should be taxed the same as homes “as the Piedmont schools make those parcels valuable.” A few examples of the 100+ unimproved lots currently taxed at our $2,656 flat rate:

Assessor’s Number       Lot Size             Tax Value                    Address
11-855-28                              nine sf                     $729                           558 Crofton
11-878-40                             21 sf                         $1,056                        1110 Portal
11-882-56                            38 sf                         $1,557                         1370 Sunnyhills
48C-7180-23                       200 sf                        $729                           5474 La Salle

There are at least 40 unimproved lots smaller than 1,000 sf. The owner/taxpayers of these low value unbuildable lots will never enjoy the increase in value created by our schools. Unimproved parcels and especially those that can never be improved should not be taxed at the same flat rate as a home.

Mr. Raushenbush misstates my income based senior exemption proposal by writing that a senior exemption will “impose a significant burden on remaining taxpayers.” A “significant burden” would be concerning to taxpayers if it were true, however Mr. Raushenbush omits key parts of my letter. I wrote: “The tax may (underline added) include an income based senior exemption at a rate to be determined and would not cost the District more than 2% of what the total tax revenue would be without this exemption.” My specific proposal is if the exemption is included, the Board can set qualifying income levels so that the total revenue reduction is no more than 2% or less; or not have any senior exemption which is traditional in Piedmont. Mr. Raushenbush’s concern of a senior exemption “significant burden” is baseless.

While no tax can be uniformly fair to all taxpayers, a per square foot of building tax is the best option Piedmont has to continue providing adequate revenue for our schools in the most equitable manner available. The final ballot results of the Tax Survey P.15 shows definite/probable yes at 73% for the per square foot and 62% for the flat rate. 67% is needed to pass.

I ask the Board to put a square foot of building tax before voters this year.

Rick Schiller Piedmont resident

April 22, 2019

Editors Note: Opinions expressed are those of the author. 
Apr 22 2019

Pool Repairs, Pickleball Report, Skate Park: Recreation Commission Thursday, April 25

Michael Murphy will retire from the Recreation Department after 36 years.  Murphy is well known in the community for his many years of service to Havens Schoolmate program. 

Murphy Retirement Celebration Sunday, May 5th, Hampton Field. 

1) Jackson Stearns joined the City as the new Recreation Supervisor

2) Michael Murphy, Interim Recreation Supervisor will retire on April 23rd after 36 years and a Citywide celebration for him will be held on Sunday, May 5th at Hampton Field

3) Aquatics Coordinator Victor Rivas has resigned from his position. The vacant position is posted in various locations and an existing staff member will provide 21 hours a week to serve as a short-term backup until the full-time position is filled.

Coaches Field: An RFP for environmental review is the next step in the process during the summer and lighting will be part of that.  Commissioners questioned the timeline for the environmental study, and Director Lillevand stated the conceptual design will be initially reviewed to identify areas which need further study. A determination will then be made of what level of review or additional review is needed. Commissioners recognized significant historic data showing the matter has been ongoing for some time.  March meeting draft minutes.

The April Recreation Commission meeting will take place Thursday, April 25, 2019 in the City Council Chambers, 120 Vista Avenue at 7:30 pm.  This meeting will be broadcast live on Cable Channel 27 and from the City website under videos/ Recreation Commission.

APRIL 25 AGENDA:

  1. Election of Chair and Vice Chair
  2. Approval of Minutes–March 20, 2019
  3. Chair’s Report
  4. Director’s Report
  5. Update from Skateboard and Scooter Subcommittee
  6. Update on Pickleball Trial
  7. Introduction of new Recreation Supervisor – Jackson Stearns
  8. Update on Piedmont Community Pool Closures, Repairs and staffing
  9. Consideration of 2018 Betty C. Howard Award

READ the > April Recreation Commission Meeting Agenda and  March meeting draft minutes.

Apr 19 2019

Storm Sewer Sinkhole at the Intersection of Hampton Rd. & LaSalle Avenue Status Report – Friday, April 19th

On the Morning of Thursday, April 18th, a small sinkhole was reported at the intersection of Hampton Road and LaSalle Avenue. The City barricaded the area and started investigating the cause of the sinkhole.

Crews determined that a twelve inch storm sewer pipe, running from a catch basin to the storm drain main in the middle of the street, made of corrugated metal, had rusted out. The deterioration of this pipe allowed water to flow beneath the pavement and undermine the roadway.

The intersection of Hampton Rd. and La Salle Ave. has many underground utilities, including electric, gas, water, telephone, cable, storm sewer, and sanitary sewer. We worked with our utility partners to locate and mark the location of their underground facilities.

Beginning Friday morning, City contracted crews began excavating the site. Due to the number of utilities in the area, a great deal of hand excavation was required. The deteriorated pipe, which is approximately fifty years old, was fully excavated and replaced with plastic pipe, which is the standard today.

Though the City is 80% complete in modernizing its sanitary sewer system, this incident shows the next underground challenge which will be faced upon completion of that project. The condition of this pipe is indicative of the work the City will need to undertake with its storm sewer system.

Steel plates will be placed over the section to accommodate weekend traffic. Work will continue into the week of April 22nd. Traffic should be able to flow through the intersection around the work, but residents traveling through the area are asked to proceed with caution and exercise care.

Residents with questions can call the Public Works Department at (510) 420-3050 during normal business hours.

 

Apr 19 2019

Piedmont Garden Club Donated Toward Community Hall Lights Plus Volunteered Care for Hundreds of Daffodils in Blair Park

At the April 3, 2019 Piedmont Park Commission meeting­, Nancy Scott from the Piedmont Garden Club and Chairperson of their Civic Projects program, presented Mayor Bob McBain and Park Commission Chairperson Betsy Goodman with a generous donation of $5,000 to be used towards installing new light strings in the courtyard of the Piedmont Community Hall in Main Park.

Nancy Scott, Mayor Bob McBain, and Park Commission Chairperson Betsy Goodman

The City is in the process of upgrading the electrical controls for the exterior pole lights at the Community Hall. When Phase 1 of the lighting improvements is completed, the City will start Phase 2 and will be  working with lighting consultant Thomas Skradski of Lumen Works and the Electrical Contractor, Mark Schulkamp of Mark W. Schulkamp Electric Co. to design and install new light strings that will be suspended from the four pole lights in the courtyard. The pole lights will be designed to accommodate the new string lights. Once the new string lights are installed, the courtyard illumination will offer an option with the new, festive string lights.

The Piedmont Garden Club on April 18th, arranged for members and friends to deadhead the hundreds of daffodils in Blair Park.

From left to right: Sharon Hom, Mary Wood, Sandy Hagglund and Nancy Scott.

The Piedmont Garden Club https://www.piedmontgardenclub.org/  has a long history of contributing their time and generous donations to the City of Piedmont.

Double click on photos to enlarge.

Apr 19 2019

Capital Improvement Projects Including Resident Proposals to be Considered Tues. April 23

City of Piedmont

CIP Review Committee Agenda Tuesday, April 23, 2019 7:00 p.m.

City Hall Conference Room, 120 Vista Avenue, Piedmont, CA

  1. Review of Preliminary CIP Wish Lists, Resident Proposals, and Criteria for Evaluating Proposed Projects
  2. Presentation of Resident Proposals
  3. Consideration of Project List for CIP Review Committee Site Tour on Saturday, May 4, 2019

The meeting will not be recorded or broadcast.  The public is welcome to attend and participate. 

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