Bring us all together instead of pitting neighborhood against neighborhood.

I sense growing anxiety in the community over the decisions being made of where to accommodate 587 units of new housing.

What would greatly reduce this anxiety, in my opinion, would be to have details of the suggested plans along with their locations, ie, how many stories will there be? what will the buildings look like on the outside?  will they be duplexes, attached condos, high rise apartments buildings?

Yet another way to reduce this anxiety would be to understand that for Piedmont to reach its goals, a compromise needs to be found so that the distribution of new housing will be borne by the whole community not one neighborhood. 

If our goal is to help solve the housing crises, let us be equitable with each other as well as those that need affordable housing.  Please find a mediator to bring us all together instead of pitting neighborhood against neighborhood.

Karen P Harley, Piedmont Resident

Editors’ Note: Opinions expressed are those of the author.

The following questions were posed to the Piedmont Planning Department regarding the proposed Housing Element:

City of Piedmont and Piedmont Recreational Facilities Organization Partner to Fund the Piedmont Community Pool

On Monday, August 15th, the Piedmont City Council, in partnership with the Piedmont Recreational Facilities Organization (PRFO), approved the launch of a capital campaign to privately raise up to $2,000,000 to fund the completion of the Piedmont Community Pool project.

PRFO is a 501(c)3 organization that works to encourage and actively support the development and/or improvement of public recreational facilities that serve the Piedmont Community. The City and PRFO have successfully partnered on similar fundraising efforts for Hampton Park and the Corey Reich Tennis Center.

The Piedmont Community Pool has been home to countless aquatic enthusiasts for over 60 years. Originally run by a private club, the city took over operations in 2011. Because of age and condition of the facility, the City has been planning for several years to construct a replacement facility, which will better meet the community’s needs. This planning began with a conceptual master plan approved by the Council after robust community input in 2016-17. Work continued with the November 2020 passage of Measure UU by the voters of Piedmont, which authorized the sale of bonds to provide the bulk of the funding for the project. Work has continued since then, with the Council selecting ELS Architecture and Urban Design in October of 2021 to design the facility, and many public meetings to gather input and improve the design of the pool.

On August 15, 2022, Council approved putting the pool project out to bid. Unfortunately, due to extreme construction hyperinflation, the original cost projections are no longer realistic and the design was revised significantly in spring 2022 to bring down the cost of the project. Despite these extensive alterations, several of the key elements of the project will not be funded without contributions from private sources.

A gap of approximately $2,000,000 exists between the available bond funding and the projected cost of completing the facility.

“The City Council is grateful to the voters of Piedmont for approving the bonds to fund the project,” said Mayor Teddy Gray King. “The Council has worked tirelessly with the project team, the Pool Advisory Committee, and the community to optimize a revised design that will make Piedmont proud, both in terms of the facility and its environmental impact. As envisioned, the Piedmont Community Pool will be a recreation hub in the center of town that will bring all segments of our community together. The City is grateful to PRFO for its support to help bring this remarkable project across the finish line.”

“In the midst of uncertainty and extreme hyperinflation, the project team, the City Council, and the community have stayed the course to ensure that this facility is what Piedmont needs,” said City Administrator Sara Lillevand. “We are pleased to partner again with PRFO for this worthy cause.”

“PRFO is proud to build upon the success of our two previous partnerships with the City, which raised $850,000 for the Hampton Park project and $435,000 for the Corey Reich Tennis Center,” said PRFO President Steve Collins. “The overwhelming success of these two projects and incredible support from the community make me very optimistic that the Piedmont community will again demonstrate its support to improve and sustain local recreation facilities for generations to come.”

To learn more about the Piedmont Community Pool Project and to help champion it, visit https://prfo.org. About PRFO Founded in 2004, Piedmont Recreational Facilities Organization (PRFO) is a 501(c)3 entity that encourages and actively supports the development and/or improvement of public recreational facilities that serve residents of Piedmont without regard to age, race, creed, gender, sexual orientation, or ability. PRFO strives to fulfill its mission by working collaboratively with the City of Piedmont to identify, advocate for, and bring private financial support to assist in the funding of projects that invest in healthy spaces within the city

VIEW THE RENDERINGS OF THE POOL by clicking below>

PIEDMONT COMMUNITY POOL – Final Presentation Renderings – For Release and Publication (1)

2022-08-26 Community Pool Fundraising Campaign with PRFO  ANNOUNCEMENT

Article 34 of the state Constitution prohibits the development of a low-income affordable housing project with state or local public financing or assistance unless and until a majority of the voters of the jurisdiction has approved it.

Article 34 of the California Constitution requiring voter approval of proposed development has not been presented to Piedmonters as an important voter law regarding the proposed Housing Element plan.

According to the rule of law, voters have rights regarding zoning and use changes as proposed in the Housing Element.  Workarounds to stop Piedmont citizens from voting defeats the Piedmont rule of law and City Charter.

California Article 34 reinforces the role of Piedmont voters spelled out in the Piedmont City Charter fulfilling the rule of law in Piedmont and throughout the state. 

The council enthusiasm for swift adoption of the new Housing Element did not include a citizen vote in the schedule, ignoring Piedmont ordinances, the Piedmont City Charter and the state Constitution impeding Piedmont voters from voting on the significant zoning changes proposed.  

The Piedmont City Council has a right and responsibility by Piedmont and California laws to devise housing and development proposals in the Piedmont General Plan, including the Housing Element.  The City Council will ask the state to approve the Housing Element plans.  However, most importantly, if the state approves Piedmont’s Housing Element and the Housing Element requires zoning changes and reclassifications per Piedmont laws, as the current Housing Element proposal does, then the zoning changes per Piedmont laws must be approved by Piedmont voters prior to implementation. 

Various workarounds have been presented regarding zoning to avoid seeking approval of Piedmont voters at a general or special election.

If Piedmont voters reject the City Council zoning changes, then the City Council must, according to Piedmont laws, change the Housing Element to adhere to Piedmont laws by gaining Piedmont voter approval of zoning changes. 

In Los Gatos, a ballot measure has been qualified for the ballot to amend their City Council’s approved General Plan and place the matter before voters.  Piedmont has the assumed protection of Piedmont and state laws requiring approval of proposed zoning changes, if the City Council adheres to City and state laws. 

Does the Piedmont City Council trust voters to act on proposed zoning changes per the Piedmont City Charter, Piedmont Zoning Ordinances, and Article 34 of the state Constitution?

Where is an official written legal opinion regarding voter rights on the Piedmont proposed zoning changes and the Housing Element indicating compliance with the Piedmont City Charter, Piedmont Zoning Ordinances, and Article 34 of the state Constitution ?

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READ CALIFORNIA CONSTITUTION ARTICLE 34 > https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&division=&title=&part=&chapter=&article=XXXIV

Final candidate list:

Click on the NAMES below to read each candidates documents submitted for the November Election:

The City of Piedmont is presenting another informational event for Piedmonters on matters related to the Housing Element.  A social time in the City Hall Courtyard will follow the presentation to give attendees “a chance to meet with City staff and gain additional clarity on the Draft Housing Element.”

Presentation information has not been provided by the City.

On Thursday, August 18th at 5:00 p.m., the City of Piedmont will host a “Housing Element 102” Information Session.

Community members are invited to attend in person, virtually on Zoom (https://piedmont-ca-gov.zoom.us/j/82234103859), or on KCOM-TV, the City’s Government Access television station (Comcast Channel 27 or AT&T Channel 99). The information session, which will be held in the City Council Chambers, will be followed by an open house in the City Hall Courtyard.

This session, which follows up on the Housing Element 101 session, hosted by the City on September 29, 2021, which can be viewed at https://piedmont.granicus.com/player/clip/2413, is intended as an informational opportunity to provide clarity on salient pieces of a complex process and will focus on four main topics:

• Housing Element and the Regional Housing Needs Allocation Basics
• Overview of the Draft Housing Element Sites Inventory
• Recap of the Direction the City Council Provided to Staff at its August 1, 2022 Meeting
• Update on the Status of Piedmont’s Housing Element Process, Next Steps and Timeline to Certification

The open house will be a chance to meet with City staff and gain additional clarity on the Draft Housing Element.

Community members are encouraged to view the City’s Housing Element Basics YouTube playlist, which consists of a series of short videos about the Housing Element process.

Comprehensive and detailed information about the Housing Element process is available on https://piedmontishome.org and https://piedmont.ca.gov. Please contact Senior Planner Pierce Macdonald at piedmontishome@piedmont.ca.gov with questions or comments.

New legal advice upends the rule of law in Piedmont regarding voters’ rights per the Piedmont City Charter and City Ordinances.

The Piedmont City Charter and City Ordinances require the City Council to propose the Housing Element, and Piedmont voters to approve the zoning changes –  sizes, use, and classifications.

According to Piedmont City Attorney within the proposed Housing Element, all Piedmont single-family zoning can be changed to high density multi-family zoning without Piedmont voter approval.  This current legal advice desecrates the rule of law in Piedmont regarding voters’ rights per the Piedmont City Charter and City Ordinances. Copied below.

Piedmont’s City Charter has protected Piedmont for nearly a century against intrusive commercialism, factories, high density housing, etc. by focusing on single-family residential zoning.  The Charter is clear. Placing multi-family dwellings/high density housing into single-family zoning, which is all of Piedmont, without voter approval is against Piedmont’s laws.

The single-family zoning classification in Piedmont is separate and distinct from Piedmont’s multi-family zoning classification. Classification determines the use and density allowed within a zone.  Multi-family classification is for multi-family use.  Single-family classification is for single-family use.  Commingling Piedmont multi-family classification zones and single-family classification breaches the City Charter and Piedmont Ordinances. 

Without voter approval, the Housing Element proposes the multi-family zone density will be increased to high density multi-family development and changing the single-family use classification as found in all zones to be changed to multi-family use. 

Piedmont zones are classified as: commercial, public, multi-family, and single-family.   All zones are specified as permitting single-family dwellings.  Unrecognized, Single-family classifications/use found in each zone cannot be interchangeable or described as proposed as multi-family zoning. 

The Housing Element proposes to allow high density multi-family classification to replace Single-family classification in zones used for commercial and public zones based on the false premise that single-family zoning allows higher density multi-family use without voter approval.  

Currently in Piedmont, all properties are zoned and classified for single-family dwellings. The State of California legislated a transformation of the Single-family classification to allow three (3) dwelling units:  a primary residence, an Accessory Dwelling Unit (ADU), and a Junior ADU built within the confines of the primary residence.  Essentially, the State outlawed the single family housing unit per parcel limitation.  Consequentially, the high density multi-family dwelling units proposed for Piedmont’s Housing Element will need the approval of voters to change the classification of single-family residential to multi-family residential.  The proposal jumps the number from 3 dwelling units to a proposed 40-100 units per parcel without voter approval, ignoring Piedmont laws. 

The City Council will need to propose a Housing Element that will gain approval of Piedmont voters or be faced with revisions to gain Piedmont voter approval.  

Piedmont’s City Attorney Michelle Kenyon has advised and stated that single-family zoning classification allows multi-family zoning including high density multi-family development by ignoring the City Charter language. Further Kenyon stated that voters do not control density in Piedmont. This advice destroys voter rights and rule of law making the Piedmont proposed Housing Element counter to the City Charter.

The intent and language of the City Charter describes single-family zoning and classification as “the only use on such property shall be a single-family dwelling. ”  The new legal advice provided to the City Council fails to recognize voter requirements compliant with the Charter. 

Voter approval for zoning changes have been placed on a ballot many times in Piedmont per the City Charter .

At the August 1, 2022, City Council meeting City attorney Kenyon asked Planning Director Kevin Jackson about how the city had implemented the City Charter in regard to voters’ rights.  Jackson provided two examples, which excluded voters, both of which were based on Kenyon’s or her law firms prior advice allowing multi-family residential use to supplant single-family use without voter approval.  

The Council was not informed by Kenyon or the Planning Director regarding a plethora of prior documented legal advice requiring compliance with the City Charter and for ballot measures to be put before Piedmont voters regarding zoning changes.  Significant prior legal advice can be found in the City’s archives countering City Attorney Kenyon’s advice, and requiring Piedmont voters right to control and approve zoning per the City Charter.

According to the Charter and City ordinances, the City Council is to propose plans for development of Piedmont, however these plans must comply with voter approval per the Piedmont City Charter regarding changes, such as as going from single-family use to high density multi-family use.

The state has anticipated zoning changes to accommodate Housing Element zoning changes to add the large increases in housing, for Piedmont it is 587 housing units, a 15% housing increase.  The state provides a specific amount of time 1-3 years to implement zoning changes outlined in an approved Housing Element.  To date, the state has not eliminated city Charters’ voter approval of zoning changes.

See Piedmont’s zoning map be clicking below:

  https://cdn5-hosted.civiclive.com/UserFiles/Servers/Server_13659739/File/Government/Departments/Planning%20Division/Zoning/Zoning%20Map%20-%202021-12-01.pdf?v=9uGc6RDmS

Piedmont City Charter ARTICLE IX. General Provision

SECTION 9.02 ZONING SYSTEM The City of Piedmont is primarily a residential city, and the City Council shall have power to establish a zoning system within the City as may in its judgement be most beneficial. The Council may classify and reclassify the zones established, but no existing zones shall be reduced or enlarged with respect to size or area, and no zones shall be reclassified without submitting the question to a vote at a general or special election. No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof; provided that any property which is zoned for uses other than or in addition to a single-family dwelling may be voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.

City of Piedmont Ordinance :

Sections: 17.02.010

Title; City Charter 17.02.010 Title; Intent; City Charter.

A. Title. This chapter 17, Planning and Land Use, is also known as the zoning ordinance.

B. Intent. The City of Piedmont consists primarily of unique single-family residences set among mature trees and other vegetation. The residents wish to:

1. preserve the architectural heritage and beauty of the city’s homes, the mature vegetation, the tranquility and privacy that now exist, and significant views;

2. reduce on-street parking and traffic in the neighborhood streets and facilitate pedestrian and bicycle activity;

3. avoid overcrowding and its detrimental effects on city schools and other services and facilities;

4. preserve the city’s historical heritage;

5. preserve the existing stock of small homes and otherwise allow for a variety of housing types for all income levels, including single-family and multi-family dwellings;

6. ensure excellence of architectural design, and compliance with the Piedmont Design Guidelines;

7. allow retail, office, and service commercial uses that primarily serve city residents; and

8. promote property improvements without sacrificing the goals already mentioned.

These zoning regulations are designed to implement these purposes.

C. City Charter. The city’s zoning ordinance is also subject to the City Charter, particularly Section 9.01, General Plan, Section 9.02, Zoning System, and Section 9.04, General Laws Applicable.

Those sections read as follows:

Section 9.01 General Plan. The City Council shall adopt, and may from time to time, modify a general plan setting forth policies to govern the development of the City. Such plan may cover the entire City and all of its functions and services or may consist of a Planning & Land Use combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. The plan shall also serve as a guide to Council action concerning such City planning matters as land use, development regulations and capital improvements.

Section 9.02 Zoning system. The City of Piedmont is primarily a residential city, and the City Council shall have the power to establish a zoning system within the City as may in its judgment be most beneficial. The Council may classify and reclassify the zones established, but no existing zones shall be reduced or enlarged with respect to size or area, and no zones shall be reclassified without submitting the question to a vote at a general or special election. No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof; provided that any property which is zoned for uses other than or in addition to a single-family dwelling maybe voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a singlefamily dwelling, and such rezoning shall not require a vote of the electors as set forth above.

Section 9.04 General laws applicable. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this Charter or with ordinances hereafter enacted, shall be applicable to the City. The City Council may adopt and enforce ordinances that, in relation to municipal affairs, shall control as against the general laws of the State.

In this subsection C, Section 9.02, the prohibition not to reduce, enlarge, or reclassify a zone without a vote is understood to mean the city may not change the zone boundaries, or change (reclassify) a property from one zone to another. [ Classification is the use. Zone names connote the useage, as commercial, public, multi-family, and single-family.]

 

Three attorneys (Andersen, Long, Harris), one architect (Ramsey), and two civic volunteers (Bostrom , Solnordal) seek Council seats to be filled at the November 8, 2022, Piedmont General Election.  The filing deadline for three Piedmont City Council positions closed on August 12, 2022.

Filing to run for the Piedmont School Board was extended until August 17 because Megan Pillsbury, current member of the School Board, is not seeking re-election. According to state election laws, the filing date for candidates for membership on the School Board has been extended until August 17.  Interested individuals should promptly contact the City Clerk at 510-420-3040 for detailed information.

Deadline for School Board Filing: Wednesday, August 17, 2022 5:00 p.m.

The Nomination Period for the two seats on the Board of Education which are up for election at the November 8, 2022 General Municipal Election has been extended to Wednesday, August 17th, due to incumbent Megan Pillsbury not seeking re-election. The nomination period for seats on the City Council has closed.

Currently, four candidates have taken out nomination papers for Board of Education and one has qualified for the ballot.

Residents interested in taking out nomination papers for Board of Education should
contact the City Clerk’s Office at (510) 420-3040 as soon as possible to set up an
appointment to be issued papers. The California Elections Code requires that nomination
papers be issued in person to the prospective candidate at City Hall. The process of
issuing nomination papers takes approximately one hour.

The extended deadline for submitting completed nomination papers for Board of
Education only is 5:00 p.m. on Wednesday, August 17th. Details on the nomination
process are available in the Guide to Nomination and Candidacy, which is available on
the City’s web site.

Residents with questions about the process or wishing to make an appointment can call
contact the City Clerk’s office at via email at cityclerk@piedmont.ca.gov or via phone at
(510) 420-3040.

 

City Administrator Sara Lillevand has informed the City Council of her intent to retire in spring 2023.

Lillevand, who grew up in Piedmont and makes her home in Piedmont, has shown resiliency and cooperation toward implementing numerous decisions of the City Council.  Notably, Lillevand supported the soon to be built new community pool, devised an agreement with the Piedmont Center for the Arts, and promoted programs for the development of 587 new housing units in Piedmont.  

When she retires, Ms. Lillevand will have spent almost four years as City Administrator after five years as the city’s Recreation Director and 23 years working in intercollegiate athletics as a basketball coach, kinesiology instructor and athletic administrator.

“I deeply appreciate the community of Piedmont. It is a special place with engaged residents and a genuinely committed, supportive, and indefatigable City Council. The staff are professional, dedicated, and caring; they respect each other and work as a team for the good of the community,” said Lillevand. “I am honored to have served as Recreation Director and City Administrator and will be forever grateful for both opportunities.”

“Piedmont has benefitted from Sara’s leadership since her appointment,” said Mayor Teddy Gray King. “Throughout her time in Piedmont, she has put the community first. Since becoming City Administrator, Sara has deftly guided the City through the COVID-19 pandemic, and the uncertainties and changes that this time brought. She worked tirelessly to bring the Piedmont Community Pool project to fruition, through the design phase, and soon to construction. Sara’s efforts to maintain high service levels, excellent public facilities, and make Piedmont a better place for its residents will not soon be forgotten. We will all miss her professional leadership and optimistic outlook and I will personally miss her guidance and friendship.”

Ms. Lillevand will remain in her position as City Administrator until a successor takes office or until April 5th, whichever is earlier. Recruitment for a new City Administrator will commence immediately

2022-08-09 Lillevand to Retire