– Piedmont Priorities –

With life as good as it is in Piedmont, it’s hard to think how it could get better. But there’s always room for improvement so in 2007 the City conducted a community survey as a prelude to updating its General Plan.

The response to the 2007 survey exceeded all expectations. Approximately 3,800 surveys were mailed out, and almost 1,300 surveys were completed and returned. That’s a 34% response rate, the highest ever response rate of any community survey of Piedmont residents.  Question 7 in the survey asked “For which types of projects would you support increases in city taxes or fees?”.  The range of responses to that question are in the table below.  

Now 14 years later, what has come of this community survey?

Additional recreation facilities – check.

City-owned pool? – check.

Backyard service for recycling/green waste – check.

City arts and cultural center – half-check.  The city has a classical arts and cultural center. Chamber music only.

A teen center – negative.

Creating a community gathering place or plaza – negative.

Why this lookback matters is because the city is on the verge of missing a golden opportunity to address the two negatives on the list.  A teen/senior center and community drop-in space could easily be run out of the East Wing of the building with access to the restrooms in the West Wing and the placing of city staff in the West Wing office space.  And no additional taxes required – seniors and the community don’t need to be supervised by staff.  They do need a place to freely gather and schedule meetings and an accessible East Wing would facilitate that.  

Instead, city staff has negotiated a lease for the 801 Magnolia Building with the Piedmont Center for the Arts that reduces both city use of and access to the 801 building for the next 7 years. There are significant flaws in the lease (https://www.piedmontcivic.org/2020/11/29/opinion-four-major-flaws-in-proposed-art-center-lease/) and better ideas for true community use of the space (https://www.piedmontcivic.org/2021/02/03/opinion-arts-center-founder-wants-usage-opened-up/ ; https://www.piedmontcivic.org/2021/01/10/opinion-a-false-choice-has-been-presented-for-arts-center-lease/).

So the City has two choices – hold a public hearing on the use of the 801 Magnolia building or a second reading of the flawed lease.  By all indications, city staff is proceeding with a second reading of the lease with PCA.  Unless Council steps up and calls for a public hearing, this opportunity for Piedmonters to achieve long-standing aspirations of a community space will be lost for another 7 years.   To that end, newly elected Councilwoman Conna McCarthy could honor her campaign pledge and call for public meetings on the use of 801 before any lease is approved:

“I want to be part of the leadership that encourages large conversations where all stakeholders thoughtfully plan and manage limited resources for the benefit of Piedmont now and into the future.” 

Elected Council Candidate Conna McCarthy  

https://www.piedmontcivic.org/category/new-elections/page/8/

If you want the City Council to hold public hearings on the use of 801 Magnolia Avenue, you can reach all Council members at citycouncil@ci.piedmont.ca.us.

Garrett Keating, Former Member of the Piedmont City Council

Editors Note: Opinions expressed are those of the author.

– The Results of the City Election will be Certified by the City Council on Monday, Dec. 7, at 5:00 p.m. –

Elected to the Piedmont City Council:

Jennifer Cavenaugh to begin a second 4 year term.

Conna McCarthy to begin a first 4 year term.

~~~~~

Elected to the Piedmont Unified School District Board of Trustees:

Cory Smegal to begin a second 4 year term..

Veronica Anderson-Thigpen to begin a first 4 year term,

Hilary Cooper to begin a first 4 year term.

~~~~

Measure UU – Pool Bonds were voter approved by 68 %. 

Measure TT – Real Property Transfer Tax was defeated by voters – 52% No to 48% Yes.

Click below for detailed official results and stats –

Certification of Election Results for the General Municipal Election of November 3, 2020_

The Piedmont City Charter states:

“(D) ELECTION. The regular election of Councilmembers shall be held at the General Municipal Election as provided for in Section 8.01 of this Charter. The terms of elected Councilmembers shall begin upon certification of the election results by the City Council. They shall hold office for four (4) years. Elections shall be alternately for two (2) and three (3) Councilmembers, excluding elections to fill an unexpired term of office. (Charter Amendment 11/4/2014)”  Piedmont City Charter

Gratitude for outgoing Mayor Bob McBain will be acknowledged.   McBain has served on the City Council for 8 plus years.

Next Mayor and Vice-Mayor of Piedmont:

“SECTION 2.08 MAYOR Following each general municipal election, the City Council shall elect from among its member officers of the City who shall have the titles of Mayor and Vice-Mayor, each of whom shall serve at the pleasure of the Council. The Mayor shall preside at meetings of the Council, shall be recognized as head of the City government for all ceremonial purposes and by the Governor for the purposes of military law, but shall have no administrative duties. The Vice-Mayor shall act as mayor during the absence or disability of the Mayor. In case of the temporary absence or disability of both the Mayor and Vice-Mayor, the Council shall select one of its members to serve as Mayor Pro Tempore.”

Council members are listed below in order of seniority on the council and votes garnered in their elections:

Teddy Gray King   –  6 years on the Council – term ends 2022

Tim Rood –  6 years on the Council – term ends 2022

Jennifer Cavenaugh – 4 years on the Council – term ends 2024

Betsy Smegal Andersen – approximately 3 years on the Council – term ends 2022

Conna McCarthy – newly elected to the Council – term ends 2024

Piedmont Mayors and Vice-Mayors are chosen by 3 or more Council members.  The Mayor and Vice-Mayor serve at the pleasure of the City Council.

SCHOOL BOARD 

School Board: The December meeting of the Piedmont Unified School District Board of Education has been changed to Tuesday, December 15th in order to swear-in newly elected school board members in compliance with Assembly Bill (AB) 2449. AB 2449 (2018) changed the seating date for newly elected school district and county board of education members to the second Friday in December following their election.  Regular Open Session will begin at 7:00 PM.

Retiring School Board members Sarah Pearson and Andrea Swenson will have each completed 8 plus years of service on the Board.

To watch and participate in the meeting see instructions at the top of the 12/7/2020 agenda or click on the Zoom link – https://us02web.zoom.us/j/83694657877:

1272020council-current-agenda

– The Proposed Piedmont Center for the Arts Lease Is Flawed –

On November 16, 2020, three City Councilmembers voted to approve a 7-year renewal of the City’s lease of 801 Magnolia Avenue to the Piedmont Center for the Arts (PCA), rejecting a motion to allow more public input first. Because the City Council will have a second vote on the proposed lease, Piedmonters still have an opportunity to express their views by writing to the Piedmont City Council at: 

cityclerk@piedmont.ca.gov

The threshold question for the City Council is whether to continue PCA control of a City building.

Public comment was split between those appreciating PCA’s role in hosting arts events and those who hoped that 801 Magnolia could become more of a “community center” where arts is one use, but not the only use.

Most Piedmont non-profits rent City or School facilities as needed (e.g., Education Speaker Series, Diversity Film Series, Piedmont Soccer Club); PCA could do the same for its arts events. The City Manager stated that Recreation Department programs could fill any unused City space and the PCA space is often unused (even pre-COVID), other than as a quiet space for its commercial sub-tenant.

This is not a choice between arts and no arts, but rather how best to maximize community benefit from limited City spaces. If the City Council decides to renew PCA’s lease, the proposed PCA lease has four major flaws. As a result, it fails to achieve the goals set forth in the City Staff Report. The lease is at:

https://www.ci.piedmont.ca.us/common/pages/DisplayFile.aspx?itemId=17199779.

(1) Future City Construction.

The proposed lease prevents the City from terminating the lease until January 2024 at the earliest—and then only if the City is conducting significant renovations of the Police, Fire or Recreation buildings. (See Sections 1.8 & 9.2).

The City, however, plans to seek voter approval of bonds to renovate or rebuild City buildings in Spring 2021. The City’s building plans might include relocating City staff to 801 Magnolia Avenue while construction is ongoing or even a new structure at the 801 Magnolia Avenue location. The City could be ready to begin construction in Summer 2022, but be blocked by the PCA lease, as construction costs increase during the delay.

The simple fix is to amend the lease to allow the City to terminate without cause on 180 days’ notice (note that the City’s lease to the Piedmont Educational Foundation allows termination without cause on 90 days’ notice).

(2) City Use of 801 Magnolia Avenue.

Because the 801 Magnolia Avenue space has been unused much of the time (other than PCA’s sublease to The Piedmont Post), the City seeks the right to hold “City Sponsored Activities” there or to rent it out for “City Private Rental Activities.” A good idea, but the proposed lease puts unwarranted hurdles in the City’s way.

The proposed lease would allow City-Sponsored Activities, but only (i) with advance notice, (ii) if the City cannot go elsewhere, (iii) if the City mitigates PCA’s concerns about “unreasonable interference” with “Tenant’s use,” and (iv) the City tries to relocate its activity if PCA asks. (Section 4.2(c)). City Private Rental Activities, allowed only if PCA has nothing planned, face similar restrictions. (Section 4.2(b)).

The simple fix, consistent with the City’s ownership on behalf of all City residents, is to allow the City to schedule any activity there that is compatible with any arts related activity previously scheduled by PCA. At a bare minimum, a City right to terminate without cause on 180 days’ notice will ensure good faith cooperation on both sides.

(3) Revenue for City Expenses.

In 2011, the City gave PCA a no-rent lease because PCA agreed to pay to perform long-deferred maintenance on the building. In the proposed lease, PCA pays no rent, but is not asked to perform any work. By contrast, another non-profit, the Piedmont Education Foundation, pays rent of $19,020/year for less nice space inside Veterans Hall.

PCA’s 2019 balance sheet shows over $406,000 in assets and its 2018 and 2019 profit & loss statements show income exceeding expenses. After public comment that PCA could afford to pay rent (like most non-profits using City or School facilities), PCA’s Treasurer stated that PCA could “do more,” i.e., pay rent. The City has stated that it needs revenue to fund maintenance. Accept PCA’s offer!

(4) Equal Access.

In the past, PCA has turned away those who did not meet its definition of “arts-related.” The Staff Report says PCA agrees to more diverse programming, but the proposed lease would narrow PCA’s Approved Uses from a “venue for exhibits and performances” to “arts-related” activities only, plus its sub-lease. (Section 1.1).

In theory, the City Private Rental Activities provide another path for residents to rent the 801 Magnolia Avenue space, but, as noted above, the City’s rights are restricted. Even if that is fixed, PCA has the first right to schedule events. The lease should require PCA to rent space to any Piedmont resident for any event compatible with the space.

I encourage Piedmonters to share their views on the proposed PCA lease, as it will determine the use of 801 Magnolia Avenue for the next 7 years.

Rick Raushenbush, Piedmont Resident and Former Piedmont School Board Member

Editors Note: Opinions expressed are those of the author.  The Piedmont Center for the Arts (PCA) is a separate organization from the Piedmont Civic Association (PCA) that originated in 1986 and provides this news site. 

November 16, 2020 on a first reading, the Piedmont City Council split their votes on extending a $1 per year lease for seven more years to a private organization, Piedmont Center for the Arts, of Piedmont’s property at 801 Magnolia Avenue. 

For several hours more than a dozen speakers testified for and against the proposed lease extension of the 801 Magnolia building. The current $1 per year lease will expire in June 2021. 

Mayor Bob McBain, whose term on the Council is ending and who sets the agenda, noted he had promised the Arts Board and others, he would have a vote on the lease extension of the Piedmont Center for the Arts.  McBain acknowledged he and City Administrator Sara Lillevand had been meeting with the Art Center Board for months and in August he had informed others, including Lillevand, there were 3 votes on the City Council in favor of the lease extension.

With no publicity or public notice by the City, the matter was addressed favorably primarily by the Board of the Art Center. Other speakers concerned about the lease noted the lack of public input and need for alternatives to the problematic proposed lease.

All speakers supported use of the facilities for the arts while offering suggestions to protect the City’s interests and increase community involvement.

At the close of the public hearing and Council discussion,  Mayor Bob McBain preempted the other Council members and made a motion to approve the lease extension.  Vice Mayor Teddy King seconded his motion.  Council member Betsy Andersen, who was the 3rd Yes vote, asked that the term of the lease be changed from 10 years to 7 years.

Council member Jen Cavenaugh made a substitute motion seconded by Council member Tim Rood to table the matter in order to allow additional information based on questions and concerns plus more time for public input prior to approving the first reading of the proposed long-term lease of the property.  McBain, Andersen, and King voted against the motion, and it failed.

McBain and King’s motion was approved by Andersen, McBain and King gaining a first reading to extend the lease for 7 years. Rood and Cavenaugh voted no.

The matter will return in December, or later, to the Council after a new Council is seated in December.   McBain will have be termed out of office and his seat will be filled by Conna McCarthy on December 7, 2020.  Council member Jen Cavenaugh reelected to a second term on the Council will serve for another 4 years.  Council members, King, Rood, and Andersen will remain on the Council for two more years.

Some issues raised and not resolved prior to the Council approving the first reading of the lease were:

• Why wasn’t the lease extension publicized in local media to gather public input?
• How much more would it cost the City to operate the Center?
• What is the financial condition of the Art Center, Inc.?
• Who controls how the property can be used?
• What is the value to the City of the property?
•  Why are Art Center Board minutes and financial information not provided to the city regarding income and users?
• Why are arts groups and other community organizations turned away in preference for commercial business activities?
• How can revenue from the Center foster arts in the community?
• The City recently stated it needed more money on two recent ballot measures. Why is the Art Center revenue stream of hundreds of thousands of dollars not considered a desired revenue source?
• What is the status of the IRS 501C3 qualification given recent information on the Art Center?
• Why are there terms in the lease that do not favor the taxpayers and City of Piedmont?
• What information is available on cost-effective use of the building?
• How can a private organization lease public property and then sublease to a commercial entity?
• Why is the Arts Board allowed exclusionary control of the property and not include all segments of the community?
• Why isn’t the building fully utilized?
• Can conflicts  between commercial uses, recreation classes and art shows be resolved?
• What are the CEQA issues raised by a resident who received short notice?
• Will the new high school theater offer superior performance space?
• Have parking demands been considered?
• Where is the sub-tenant commercial lease?

Those satisfied with the lease extension spoke to:

• Prior improvements made to the building.
• Successful programs of music and art for Piedmont and the wider community.
• Continuing benefit to the City at little cost.
• Grandfathering the commercial newspaper sub-tenant lease
• Expanding programs
• Use by top artists
• Volunteer commendation for a successful operation.

The Lease Extension approved by 3 council members is linked below:

Art Center Introduction and 1st Reading of Ord. 758 N.S. – Approving a Lease Agreement with Piedmont Center for the Arts for City Property at 801 Magnolia Avenue

The Alameda County Registrar of Voters continues to compile election  results.  More Piedmont votes have been added to totals, however the Piedmont relative percentages have not varied enough to change the outcome and are not expected to change.  The most recent and detailed results can be found at –https://www.acgov.org/rovresults/241/indexA.htm

Presumed Elected:

City Council – Jennifer Cavenaugh and Conna McCarthy

School Board – Cory Smegal, Veronica Anderson-Thigpen and Hilary Cooper

~~~~~~~

Measure UU, pool bonds, continues to be approved by over 68% of the voters.

Measure TT, increase in the real property transfer tax, continues to fail by a wider margins. See below.

Hats off and praise is deserved for the thousands of Piedmonters who were involved in the Piedmont City Council and PUSD School Board elections, plus Piedmont Measures TT, increase in property transfer tax, and UU pool bonds.

Despite COVID – 19 encumbrances, residents endorsed, posted signs, mailed letters, donated to campaigns, and talked to friends and neighbors and then voted. Piedmonters once more showed a keen interest in Piedmont by participating.

Out of the 9 individuals who sought public office, five were elected – Council: Jen Cavenaugh and Conna McCarthy – School Board: Cory Smegal, Veronica Anderson Thigpen, and Hilary Cooper. 

The two City Council tax measures,  TT, increase in property transfer tax, lost by approximately 50 votes, and UU, pool bonds, was handily approved by over 2/3rds of the voters. 

Thank you to everyone who participated in the Piedmont election.

Updated election returns > https://www.acgov.org/rovresults/241/indexA.htm

The following are Piedmont election results as of 9:25 p.m. November 3.  Election results are not final until all votes have been recorded and certified.  The elected candidates are listed in the order of votes gained.  Election results are unlikely to change. 

Elected to the City Council:

Jen Cavenaugh

Conna McCarthy

Elected to the School Board:

Cory Smegal

Veronica Anderson-Thigpen

Hilary Cooper

Piedmont Ballot Measures:

Measure TT – Increase in real property transfer tax – Failed – by 31 votes

Measure UU – Pool Bonds – Approved – by over 2/3rds of voters

Updates can be found on https://www.acgov.org/rovresults/241/indexA.htm

– Environmental Voting Guide written by Piedmonter Emily Ballati –

Things-are-Heating-Up-Guide-to-Environmental-Voting

Editors Note: Opinions expressed are those of the author. 

The Mercury News Editorial –

Editorial: Reject Piedmont property tax hike for pool repairs

The Mercury News editorial is copied below:

“Piedmont residents tax themselves to ensure that they have the best schools and premier city government. The average homeowner pays $4,400 in extra taxes for schools and another $635 for city services.

But those taxes also drive up the cost of housing in the exclusive city surrounded by Oakland and further ensure that those with average means will not be able to crack the city’s residential market.

Voters in Tuesday’s election will face two tax hikes. Measure TT, which we have previously recommended voters reject, would increase the city’s tax on property sales to state record-high levels. Now we look at Measure UU, a $19.5 million bond proposal to pay for replacing three old community pools with two new ones. Voters should reject that, too.

Based on the city estimates provided to voters, Measure UU would add an average $263 annually to the tax bill for a home assessed at the city average of slightly over $1 million.

It a bit of a tricky calculation for voters because city officials in the ballot wording obfuscated the projected average tax rate as 2.6 cents per $100 of assessed value rather than an easier-to-understand $26 per $100,000.

It turns out that the city overstated that rate, especially for the latter part of the 30-year tax. The firmer number is that city taxpayers would collectively pay about $1.3 million annually to retire the bonds needed to finance the construction.

To put that number in perspective, the city spends more than that – nearly $1.7 million to be precise – just to cover the interest payments on public employee pension debt. Put another way, most of the pool bond payments could be covered by Measure TT, which is expected to add about $948,462 annually to the city’s transfer tax revenues.

Individually and collectively, the two measures raise a question of, how much is too much? Rather than throwing multiple tax measures at voters, city leaders need to prioritize and look for savings elsewhere.”

The City Council Is Not Being Open And Transparent About Measure UU. If They Were, Residents Would Have Received This Measure UU Letter.

Dear Piedmonters,

Before you vote on Measure UU, we thought there were a few things we needed to tell you. We did tell you that the City has no outstanding General Obligation Bonds, but we didn’t mention that we have LOTS of debts – $7 million in sewer loans, $13 million in Post Employment Benefits Payable, and $26 million in Pension Benefits Payable.

Oh, and if our pension portfolio returns only 6.15% instead of the estimated 7.15% (you can get 7.15% on your investments in today’s crazy market with bonds yielding close to zero, can’t you?), our Pension Benefit Liability alone increases to over $43 million.

Speaking of deficits, did we mention that our General Fund – that is, unrestricted money that the City can spend on anything – has a deficit of about $9 million?

We also glossed over the fact that the ordinance we passed estimates that the total cost of the “improvements” is $23 million, but that it allows us to issue $19.5 million in bonds. Guess who is paying for the difference?

We also haven’t mentioned it, but by reading the City Council minutes for the last six months, you can see that we know about the major deficiencies in our ability to deliver essential public services – the Police Chief, Fire Chief, and City Administrator are all on the record as saying that we do not comply with the Essential Services Act, that the fire station may sustain major damage in an earthquake, and that it may cost up to $51 million to fix these problems. That’s why we are looking at creating a Community Facilities District (aka Mello-Roos) to make it easier to issue bonds backed by another special tax on Piedmont homeowners in the near future. And because we generally ask for the maximum amount, it will probably be for the full $51 million.

Finally, we haven’t mentioned that 100% of Piedmont citizens rely on our Police and Fire Departments, while an estimated 25% of citizens use the pool.

So, if we had placed two bond measures on the November ballot – $50 million for Police and Fire, and $20 million for a new pool, we knew what would happen. Citizens would vote to maintain essential services, but they would turn down the pool.

After spending $56 million in 2006 and another $66 million in 2016 on School District Bonds (all that money is gone, and they still haven’t finished their projects), $10 million per year on Measure G, $2.6 million per year on Measure H, and $2.4 million per year on Measure T, citizens are getting a little tax weary. After all, aren’t our property tax rates some of the highest in California?

So, think carefully before you vote on measure UU. We’ll see you soon with our new $51 million bond request. You will HAVE to vote yes to maintain city services, but you can vote NO on Measure UU.

Andy Wasserman, Piedmont Resident

Editors Note: Opinions expressed are those of the author.