Proposed Municipal Services Special Parcel Tax has key language changes allowing elimination of services previously funded by the Piedmont parcel tax. Some have called the parcel tax proposal a “blank check.”

The Piedmont City Council in haste is expected at their, Monday, Dec. 2, 2019, 7:30 p.m. meeting  to approve the second and final reading of Ord. 746N.S. which will place a renewal of the Municipal Services Special Parcel Tax, effective July 1, 2021, before the voters at a Special Municipal Election consolidated with the upcoming Presidential Primary Election on March 3, 2020. 

On November 18, 2019, the City Council approved a first reading of Ord. 746N.S.  At that meeting, the Council, according to the staff report, made what is called a “non-substantive” amendment to the language of Section 20B.2.on the first page of the ordinance.  Vice Mayor Teddy King objected to changing the existing language of the parcel tax proposal which states how the funds are to be spent. However, the rest of the Council and the City Attorney indicated the new language is not significantly different.

Apparently, the councilmembers and the City Attorney did not realize the language change no longer stipulates required uses of the parcel tax funds. For, the language changes from “including, but not limited to” to  “which MAY include, but are not limited to” were viewed by councilmembers as “essentially the same.”  

Voter concern has consequently arisen regarding the proposed new parcel tax language pointing to the change as considerable and  substantive in stating: “which may includeing,” rather than the current word “including.”

The newly proposed change to the parcel tax language would no longer require the Council to use the parcel tax money for the longstanding list of services and permits the Council to eliminate parcel tax funding for:

• police and fire protection,
• street maintenance,
• building regulations,
• library services,
• recreation,
• parks maintenance,
• planning and public works
• and similar services.

Some have stated the language change gives the Council a “blank check” by allowing the deletion of previously supported parcel tax funding for the named services.

The amended parcel tax language is indicated below in context. Deleted text is in strike through and new text is in italics.

“If in any fiscal year commencing on or after July 1, 2021, the City Council shall determine that municipal services, which may includeing, but are not limited to, police and fire protection, street maintenance, building regulations, library services, recreation, parks maintenance, planning and public works and similar services, are necessary for the public good, welfare and safety, and that the cost of making available such services will exceed the amount of funds generated through other revenue and income of the City for such services, then it may levy a special tax for such fiscal year on each parcel of real property within the City in a manner provided herein.”

READ the agenda HERE.

READ the three staff reports* on the tax proposal below:

https://www.ci.piedmont.ca.us/common/pages/DisplayFile.aspx?itemId=16243381

https://www.ci.piedmont.ca.us/common/pages/DisplayFile.aspx?itemId=16243385

https://www.ci.piedmont.ca.us/common/pages/DisplayFile.aspx?itemId=16243387

*Editors Note: The newly revised  City of Piedmont website has become more difficult for Piedmonters to access information on specific agenda issues. Example, the subjects of the staff report no longer appear in the links. Only a file number is provided.

League of Women Voters of Piedmont Holiday Luncheon Fundraiser

Guest Speaker Louise Renne

Effecting Change: The Role of a Public Lawyer

Friday, December 6, 2019

11:00 am – 2:00 pm

Piedmont Community Hall

711 Highland Ave, Piedmont CA

In this highly charged moment for the Bay Area and the country, we are honored to welcome Louise Renne, lawyer, former Supervisor and one-time City Attorney for the City and County of San Francisco, California. Renne was California Deputy Attorney General for 11 years. She served in the environmental and criminal divisions, and argued on behalf of the state before the California Supreme Court and the United States Supreme Court.

Ms. Renne heads the Renne Public Law Group which advises and advocates for public agencies, nonprofits, individuals, and private entities in need of effective and creative legal solutions. She leads the firm’s public litigation practice. Currently, she is working on cases involving opioid abuse and e-cigarette dangers for youth.

Louise Renne is known for transforming the traditionally defense-oriented practice of municipal law by creating an affirmative litigation program that won significant victories for cities and counties in California. As a nationally recognized and respected leader in municipal law, she often testifies before federal, state, and other governmental bodies. She is also frequently requested to conduct impartial investigations for local public agencies in high-profile cases.

The presentation, including Q&A, begins at 11:00am, followed by lunch at 12:00 pm.

Speaker and lunch is $35. To reserve your spot, visit LWVPiedmont.org, and click the Holiday Luncheon RSVP link. Payment via credit card, debit card or PayPal is accepted.

Please RVSP by December 2, 2019

Editors Note: PCA and the League of Women Voters – Piedmont are separate organizations.  Both are open to all interested persons. 

The November 18, 2019, Council meeting went on for hours as numerous residents appealed to the Council to reject the proposed wireless sites.  At the beginning of the meeting, speakers were surprised by Mayor Robert McBain’s declaration limiting speakers to 2 minutes rather than the standard 3 minutes forcing last minute rewrites of prepared statements. 

Opponents noted serious health concerns, destruction of views, harm to Piedmont  aesthetics, loss in property values, lack of demonstrated need for the proposed sites, improper surveys, need to wait for court resolution of pending lawsuits relevant to Piedmont, and incomplete application information. 

Although pleas and great concerns were expressed by neighbors living near the Crown Castle proposed wireless installations sites, the Council unanimously approved all the proposed sites while adding new conditions for their approval.

A potential ongoing lawsuit with Crown Castle weighed heavily on Council members decision who saw better ways to spend Piedmont funds than legally challenging the large corporation.  Some Council members extensively questioned the proposals and were concerned by the many communications the Council received opposing the sites.

Led by Piedmont’s contract attorneys and the Piedmont Planning staff,  the Council was convinced to approve the sites based on compliance with Piedmont laws, despite the Planning Commission’s vote recommending denial of the proposals.

Since the sites are essentially  governed by the Federal Communication Commission, state laws, and are a part of the public utility system, the Council feared the next proposal could be less advantageous than the current proposal.

The Council predicted that numerous future proposals are virtually guaranteed with 50 sites in other areas of Piedmont. Driving the installation of the wireless communication systems, is the notion that landline communications will soon be replaced by cellular service, even though during emergencies landlines have been essential.

After three years of debate and discussion, the disappointed opponents left the Council Chambers indicating they did not feel that the City Council was standing up for Piedmont’s greater good.

The agenda for the November Recreation Commission meeting is focused on the Tennis Court Use for Pickleball. Residents are invited to attend the meeting in the City Council Chambers, 120 Vista Avenue at 7:30 p.m.

Recreation Commission Agenda Wednesday, November 20

1. Approval of Minutes–October 16, 2019
2. Chair’s Report
3. Director’s Report
4. Review of Maintenance Practices on City Sports Fields
5. Receipt of a Report from the Subcommittee on Tennis Court Use and Pickleball and Consideration of a Recommendation to the City Council on Next Steps

READ PICKLEBALL REPORT, PRIOR MINUTES AND AGENDA : > November Recreation Commission Meeting

Maybe the Piedmont Police Department Has Them?

 The Piedmont Police Department has a box where all those lost keys are collected. The Police Department collects and keeps them for up to 6 months.  So if you have recently misplaced your keys, you can contact the police or drop by to see if they have ever been turned in.

Contact dispatch 510-420-3000.

PIEDMONT TAXES, TURKEY TROT, WIRELESS SITES –

• Street Closures and City Staff Allocations for Turkey Trot on Thanksgiving Day.  Street Use Permit for the Annual Turkey Trot Race Sponsored by PTT Thanksgiving Race, Inc.  See Map > HERE

• Consideration of Wireless Communication Facilities Permit Applications and Exceptions filed by Crown Castle NG West LLC and SureSite for sites PHS01 to PHS08 and PHS10 to PHS18 (Applications #19-0188) and License for Use of City-Owned Streetlights and Determining that the Applications are Categorically Exempt from the California Environmental Quality Act (CEQA) 1127 4. Two council members, King and Andersen, cannot vote on all sites.  City Administrator Lillevand cannot participate in all site discussions. Staff report  > HERE

• Key features of the proposed WCF applications include:

  1. No underground equipment vaults, with fewer impacts to street trees
  2. Smaller, more compact radios and antennas
  3. No noise-generating equipment
  4. 10-inch diameter radome shrouds atop streetlight locations
  5. 14-inch diameter radome shrouds atop utility pole locations
  6. Trash receptacle equipment enclosure design (only at sites PHS01 and PHS03)
  7. Small side-mounted equipment enclosures on utility poles
  9. Encroachment permits for future maintenance work
  10. Radios 2203 and 8843, appropriately sized for the sites
  11. Power and communication cables concealed in 2-inch-wide risers

• Introduction and First Reading of Ord. 746 N.S. – Renewal of the Municipal Services Special Tax Effective July 1, 2021 and Placing the Measure Before the Voters 0435, 0705, 1030.  March tax election is to be selected. Staff report > HERE.

~~~~~~~~

City of Piedmont City Council Agenda Monday, November 18, 2019 6:30 p.m. – Special & Regular Meeting City Council Chambers, 120 Vista Avenue, Piedmont, CA Closed Session The City Council will begin at 5:30 p.m. in the Emergency Operations Center, 403 Highland Avenue a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Govt. Code 54956.9) Name of Case: Crown Castle NG West, LLC v. City of Piedmont .

The City Council will convene its regular meeting at 6:30 p.m. in the City Council Chambers Call to Order Pledge of Allegiance Consent Calendar 1. Approval of Council Meeting Minutes for 10/21/19 2. Approval of a Street Use Permit for the Annual Turkey Trot Race Sponsored by PTT Thanksgiving Race, Inc. 1000 Public Forum This is an opportunity for members of the audience to speak on an item not on the agenda. Special & Regular Session 3. Consideration of Wireless Communication Facilities Permit Applications and Exceptions filed by Crown Castle NG West LLC and SureSite for sites PHS01 to PHS08 and PHS10 to PHS18 (Applications #19-0188) and License for Use of City-Owned Streetlights and Determining that the Applications are Categorically Exempt from the California Environmental Quality Act (CEQA) 1127 4. Introduction and First Reading of Ord. 746 N.S. – Renewal of the Municipal Services Special Tax Effective July 1, 2021 and Placing the Measure Before the Voters 0435, 0705, 1030

For more information, contact the City Clerk at 510/420-3040.

Parcel tax measures G+H were on the November 5 ballot and passed with strong margins. We are grateful for the continued support this community has given to our schools.

We are especially grateful to G+H campaign chairs Hilary Cooper, Doug Ireland, and Christine Wente von Metzsch who graciously stepped in to lead the campaign. This win is a direct reflection of their tireless effort in setting the vision, rallying the volunteers, and filling in to work on the ground whenever necessary. They were wonderful ambassadors to talk up what is remarkable about our school district.

A successful campaign needs boots on the ground. Thank you to the myriad volunteers who heeded the call for help by showing up for phone banks, neighborhood walks, and other as needed duties.This campaign relied on hours and hours of volunteer time, and each week a cohort of G+H supporters gave their own talents and energy.

Another big thank you to Larry Tramutola, June Monach, and Christian Garcia for yet another Piedmont campaign to which they provided their expertise, common sense, wisdom, and energy. Our community is very lucky that Larry and June call Piedmont home, and we have benefitted many times over from their talents and support.

And last, but never least, thank you to the educators in our learning community, our teachers, staff, and administrators. They are dedicated to their vocation, skilled craftspeople who are on the front line every day to teach and nurture our children and build them into responsible citizens. They model what it means to be life-long learners in their willingness to learn new skills and share what they know. These measures passed because this community recognizes and appreciates their talents and energy.

To borrow from Mr. Rogers, “We live in a world in which we need to share responsibility. It’s easy to say, ‘It’s not my child, not my community, not my world, not my problem.’ Then there are those who see the need and respond. I consider those people my heroes.”

Thank you, Piedmont, for sharing in this responsibility!

PUSD Board of Education Sarah Pearson, Megan Pillsbury, Cory Smegal, Amal Smith, and Andrea Swenson

Measure G

YES                3,655             82.88%

NO                     755              17.12%

Measure H

I am so thrilled to report that the Piedmont Community passed both Measures G and H.

Your continued commitment to a robust public education is incredible! I want to thank the countless parent, staff, and student volunteers for all of their support and civic engagement over the past few months. It was encouraging to be a part of a community-wide conversation about our schools and how we support teaching and learning.

I fully recognize and am grateful for the commitment that families have made in our school system. I will continue to work closely with the Board of Education, teachers, staff, families, and students to ensure that Piedmont’s schools not only continue to provide excellence in education, but that we also continue to grow and improve in how we educate students.

Please join me in also thanking and acknowledging the election staff from the City of Piedmont. Their efforts ensured a smooth election day!

On behalf of all of the teachers, support staff, and administrators, thank you for your support and engagement with our incredible district.

Sincerely,

Randall Booker, Superintendent of Piedmont Unified School District

Piedmont voters cast their votes on Measures G and H at the November 5, 2019 Special Election for the Piedmont Unified School District parcel taxes.  Both Measures G and H readily received the required 2/3 rds (66 2/3%) approval by those voting continuing the Piedmont tradition of strong local support for Piedmont schools. Approval for the measures was:

82.69% for Measure G  

74.34% for Measure H

Measure G is essentially a continuation of the existing parcel tax of $2,763 per year per parcel with a likely 2% increase each year over the eight year term of the measure.

Measure H is a new and additional flat tax based on the habitable space on each parcel in Piedmont taxed at 25 cents per square foot of improved habitable space on a parcel during the eight year term of the measure.

Community volunteers supporting the measures, primarily  parents of students, made an all out effort to personally contact each Piedmont voter, in addition to sending several glossy mailers to all voting households explaining the reasons to support the measures for the schools. Lawn signs for G & H were placed throughout the city. 

No opposition was officially filed against the measures, although opposition was explained through various media sources, including editorial disapproval by some regional newspapers emphasizing funding disparities with other school districts. 

Concern was also expressed over the demands placed on taxpayers, particularly seniors, and the fact that the parcel taxes under new federal tax laws were unlikely to be tax deductible. 

Voting results based on those voting:

G   YES   3,416   82.69%    NO   715   17.31 %

H   YES   3,059  74.34%     NO  1,056  25.66%

There are 8,647 voters in Piedmont, of which 7,066 are permanent vote by mail voters, or 81.7 % of the Piedmont voters. Over 4,000 Piedmont voters cast their ballots on November 5, 2019 making the turnout by voters close to 50%.  A small number of provisional ballots are yet to be counted.  Updated 11/8/19

UPDATE: NOVEMBER 8, 2019 – The following percentage of  Piedmont voters is incorrect, as reported by the Alameda County Registrar of Voters. For no known reasons, the Registrar combined voters in Dublin with those in Piedmont, therefore disregard the following data.

Alameda County Registrar of Voters Reported: