May 3 2016

Deadline extended to May 18  for residents to complete survey – Piedmont Building Energy Savings Ordinance (BESO) online survey – 

Take the short Survey by clicking below: >http://tinyurl.com/piedmontbeso

 Survey responses should be sent ASAP. The City states they are private. 

The City of Piedmont has been conducting an online survey of Piedmont homeowners. The survey is part of the effort stemming from the Piedmont Climate Action Plan.

“The survey asks for responses to various alternative energy upgrade mandates under consideration. The survey choices offered are potentially very costly upgrades that would be required on all Piedmont homes at some point.

“In this January’s report to the Mayor and Council, the City Administrator estimates between sales turnover and renovations of $50,000 or more, 1,180 homes would have to perform energy upgrades by 2020. Using an assumption of $50,000 of upgrades that is $93 mm. Upgrading Piedmont’s entire 3,800 homes would cost $195 mm, again using the cost per house assumption. 

 “The existence of the survey was not widely know based on my research. The costs appear to be material. My concern is that as many homeowners as possible learn of the issue and have a chance to submit their views via the survey.”                      Carter Dunlap, Piedmont Resident

VOLUNTARY OR MANDATED HOMEOWNER ACTIONS?

“A BESO ordinance may take many different forms but generally consist of four things: 

a) A threshold designating when the regulations become applicable to the building 
b) An energy assessment to determine the current status of the building 
c) Disclosure of energy information to the homeowner and select outside parties 
d) Implementation of energy efficiency measures (voluntary or mandatory)”

Some issues have been raised in opposition to ordinance requirements: 

  • PG&E bills are already an indicator of energy usage and can be made available at the time of home sales.
  • PG&E has long provided energy saving information to residents on a no cost basis.
  • Consultant charges to residents would be significant.
  • To implement the energy saving ordinance would increase staffing costs.
  • The sale and remodeling of many residences would be impacted with significant additional costs.

The following City generated letter was sent to selected Piedmonters:

Dear Piedmonters,
The deadline to provide input on the proposed Building Energy Savings Ordinance (BESO) has been extended to 5 p.m., May 18, 2016 to allow for further feedback from interested community members. Please read below or visit http://tinyurl.com/piedmontbeso to find out more about the proposed ordinance and the opportunities for public participation.

The City of Piedmont adopted its Climate Action Plan (CAP) in 2010, which referenced a requirement for a home energy upgrade at the point-of-sale or remodel as the single largest recommendation to meet the City’s greenhouse gas reduction target. During the CAP update presented to City Council on May 5, 2014, City staff was directed to return with an in-depth report on the possibility of implementing a Building Energy Savings Ordinance (BESO). Given this instruction, on January 4, 2016, an introduction to the concept of a BESO was presented to the City Council, which directed staff to continue the development of such an ordinance. As directed, City staff has collected local data, investigated regulations in other cities, and is now seeking public opinion on potential provisions of the ordinance in advance of public hearings on the matter. Staff has tentatively scheduled the Planning Commission’s consideration of the ordinance during its regularly scheduled meeting on June 13, 2016. The Commission will be asked to make a recommendation to the City Council, which is tentatively scheduled to consider the ordinance during its regular meeting on July 5, 2016.

A BESO involves a home energy assessment to identify cost-effective efficiency improvements at the time of sale or at a specific threshold. The resulting report assigns the house an energy efficiency score and the homeowner is provided a list of specific rebates for home upgrades that would improve energy efficiency.

The City is conducting an on-line survey in order to seek public opinion on the potential thresholds and regulations of a Building Energy Savings Ordinance and whether or not the community would support requiring basic energy efficiency improvements as a result of the assessment. If you are interested in learning more about a BESO and providing your thoughts, please complete the survey found at http://tinyurl.com/piedmontbeso by 5 p.m. Wednesday, May 18, 2016. If you prefer to complete and submit a printed copy, please contact Assistant Planner Emily Alvarez at (510) 420-3094.

Best,
Emily Alvarez

Emily Alvarez, LEED AP BD+C
Assistant Planner | City of Piedmont
120 Vista Avenue | Piedmont, CA 94611
T: (510) 420-3094 | F: (320) 223-0537
E: ealvarez@ci.piedmont.ca.us

Emphasis added.

Go to the survey > http://tinyurl.com/piedmontbeso

Further background information is available in the City’s posting http://www.ci.piedmont.ca.us/resident-opinion-sought-on-building-energy-savings-ordinance/

Staff Report to City Council of January 4, 2016

Prior PCA article on the survey.

Apr 24 2016

NOTICE OF PUBLIC HEARING ON AMOUNT OF SCHOOL TAX LEVY

The Board of Education will discuss the option to continue the levy at its current rate or to increase the levy up to the statutory level of $2,553.26 per parcel, which represents a 2% increase from the current rate of $2,503.20 per parcel.

 The first of two public hearings is on April 27.

In compliance with Government Code Section 6061 and ballot language, the Board of Education will hold a public hearing and take action on the levy of Measure A for the 2016-17 fiscal year at the Board meeting of April 27, 2016 starting at 7:00 p.m., in the Council Chambers of the Piedmont City Hall, 120 Vista Avenue, Piedmont, California. The public is invited to provide comment at the Board meeting or by email to the Board of Education at aswenson@piedmont.k12.ca.us.

Randall Booker, Superintendent

The Board will discuss and receive public input regarding the proposed levy of the school support tax for 2016-17. 

The Board will take action on any levy after the second public hearing.

The required second Public Hearing on the parcel tax levy will take place on May 11, 2016 at 7:00 p.m. in the Council Chambers at City Hall. 

The public is invited to provide comments at the Board meetings or to the Board by email addressed to the Board at aswenson@piedmont.k12.ca.us and received prior to the second public hearing on May 11.  All information sent to the Board becomes public information.

Background information provided by the District:

 VII_A_1BackgroundPublicHearingOnParcelTax

VII_A_2SupportTaxSubcommitteeReportToBoard

 VII_A_3ExhibitAMeasureATaxLevy

VII_A_4ExhibitBMeasureATaxLevy

VII_A_5ExhibitCMeasureA SubcommitteeTableOfReserveProjections_

The meeting and hearing will be broadcast live

April 27, 2016 starting at 7:00 p.m

 on Cable Channel 27 and via the City website under videos. 

Apr 2 2016

Information from Piedmont Unified School District Superintendent Randall Booker – 

What is “Facilities Master Planning”?

Piedmont Unified School District is assessing whether its facilities support changing educational programs and goals, and making plans to ensure that facilities enhance educational programs now and in the future. This process, called “facilities master planning,” is intended to further the District’s fundamental goal of educational excellence.

Why is Facilities Master Planning needed?

Educational programs and objectives must keep pace with the changing needs of the world outside the classroom. Readiness for higher education and future careers requires different types of knowledge, different educational experiences, and a different set of skills than in the past. To serve the needs of students, it is essential to offer students a broad range of educational opportunities. For example, students must have the opportunity to: learn through project-based exploration, collaboration, and presentation;; investigate the connections among the sciences, and develop and test hypotheses;; work individually, in small groups, and in large groups;; complete service projects;; and take full advantage of modern educational technologies.

The purpose of the Facilities Master Plan is to address current and future educational needs of students and ensure that facilities provide both the functionality and capacity to support educational excellence.

Haven’t the schools been modernized?

Yes and no. Piedmont Unified recently completed seismic safety and technology modernization programs. The elementary schools were renovated or rebuilt to better withstand earthquakes, and all facilities have new technology infrastructure. Nonetheless, the middle and high schools have not been modernized, and many of their building systems have reached the end of their useful life and must be replaced. Also, educational needs have changed since these schools were constructed, and both additional and different kinds of facilities are needed.

How have educational needs changed?

Since the middle and high school buildings were constructed, course offerings have become more varied and some courses require specialized classrooms and labs – particularly in the fields of science, technology and engineering. Course work now incorporates collaboration in small groups and presentations, but undersized classrooms and heavy, inflexible furnishings make it difficult to reconfigure classrooms to support these activities. Lab work requires safe and suitable space for group projects and project storage, and inadequate labs, in fact, constrain teaching and learning opportunities. Additional specialized facilities are needed to offer or expand courses in film, web design, theater arts (including set and lighting design), graphic arts, culinary arts, and sports medicine, among others.

Why fix something that isn’t broken?

Piedmont Unified provides an excellent education, so some have asked whether facilities upgrades are really needed. There are significant reasons for investing in facilities improvements:

  • ●  Investment in facilities at the middle and high schools is now overdue and unavoidable. These schools have antiquated mechanical, electrical, and plumbing systems that have reached the end of their useful life. These systems are inefficient and expensive to operate, and require either overhaul or replacement.
  • ●  The middle and high schools do not have a sufficient number of classrooms to support current and projected enrollment. The middle school needs at least three additional classrooms, and the high school needs at least two additional classrooms and one additional science lab.
  • ●  The District has identified a range of vital educational needs — from the need to provide extended-day kindergarten to the need for modern science labs and maker spaces — that can be addressed only through facilities improvements.
  • ●  Serious deficiencies that distract from and undermine the learning environment include poor sound insulation, poor ventilation, poor climate control, and insufficient restrooms. At the middle and high schools, noise transfers among rooms, making it difficult for students and teachers to hear each other. At all schools, climate control measures and improved ventilation are needed to prevent classrooms from overheating in warmer months.

● Modernization of antiquated facilities is needed to keep pace with surrounding public and private schools, which are investing millions of dollars in STEAM (science, technology, engineering, arts, and mathematics) facilities. These schools include: Miramonte High School (Orinda);; Campolindo High School (Moraga);; Skyline High School (Oakland);; Monte Vista High School (Danville);; San Mateo Union High School (San Mateo);; Bishop O’Dowd (Oakland);; Head Royce (Oakland);; Bentley (Lafayette);; College Preparatory School (Oakland);; Redwood Day School (Oakland);; and De La Salle High School (Concord). The project costs are not available for all of these, although Cahill Construction reported that De La Salle’s new STEAM building cost $18.5 million to construct, Head Royce invested $33 million in capital improvements, and Oakland Unified School District recently invested $55 million in new science and classroom facilities.

How was the Facilities Master Plan developed?

❏ Assessment of whether Facilities Support Educational Goals

During the fall of 2015, nearly 30 District educators and administrators met four times to discuss the educational programs and goals, and the educational appropriateness of the existing facilities.1 The group discussed: current and future educational needs of students;; classroom functionality and capacity;; whether the school sites provide an environment that is appropriate, comfortable and conducive to learning, including classroom size, acoustics, air quality, ventilation, and climate control;; student safety and security;; and current and future facilities use by the broader Piedmont community. The group consulted with the Piedmont Police Department, Piedmont Recreation Department, and school security professionals.

This team included: Randall Booker, Superintendent;; Song Chin-Bendib, Chief Business Officer;; Pete Palmer, Director of Maintenance, Operations & Facilities;; Dr. Cheryl Wozniak, Director of Curriculum & Instruction;; Stephanie Griffin, Director of Instructional Technology;; Michael Brady, Director of Alternative & Adult Education;; Julie Valdez, Director of Special Education;; Brent Daniels, Principal of PHS;; Ken Taylor, Elementary Admin Rep;; Sati Shah, Principal of MHS;; Ryan Fletcher, Principal of PMS;; Courtney Goen, Virginia Leskowksi, Marna Chamberlain, PHS Teacher Reps;; Ken Brown, MHS Teacher Rep;; Amy Savage, Carolyn White, Logan Medina, PMS Teacher Reps;; Ras Medura, PUSD Custodian;; Mike Wong, PMS Classified Rep;; Lydia Adams, Kelly Wallis, Havens Teacher Reps;; Lianne Morrison, Kathleen Schneider, Wildwood Teacher Reps;; Anne Valva, Raul Jorcino, Beach Teacher Reps.

❏ Assessment of Physical Condition of Facilities

During the same time period, a team of architects and engineers assessed the condition of each school facility including: educational appropriateness;; mechanical and plumbing systems;; safety and security;; energy efficiency;; and fire/life/safety and accessibility code compliance. This team consulted with the Piedmont Police Department, Recreation Department, Department of Public Works, and school security professionals concerning site security and community use. The team also developed a “solar master plan” with the Bay Area Air Quality Management District to generate enough solar power to offset all of Piedmont Unified’s energy use.

This assessment was informed by California Department of Education (CDE) standards and guidelines concerning classroom size and features.2 The project team also consulted with the Collaborative for High Performance Schools (CHPS), a non-profit organization that specializes in school design that is versatile, energy-efficient, and provides a healthy educational environment. For example, CHPS has developed models for: maximizing flexibility of classrooms so they can be easily reconfigured for project-based learning and other purposes;; integrating outdoor space for educational purposes;; and incorporating natural light and energy-efficient materials. The team also reviewed school specifications promulgated by Makers groups.

❏ Community Meetings at each School Site

Piedmont Unified hosted a series of facilities tours and public meetings at each school site to gather community input concerning the adequacy of school facilities.3 Educators, students, families, and the broader Piedmont community were encouraged to participate.

For example, CDE recommends at least 960 square feet of classroom space for a class of 25-30 students, and at least 1350 square feet for a kindergarten class. For a science classroom, CDE recommends at least 1400 square feet but prefers at least 1600 square feet.

The recommended ventilation for classrooms is eight “outside air changes” per hour. Without adequate air changes, air becomes stagnant and carbon dioxide accumulates. At the high school and middle school, there are classrooms with zero air exchanges per hour. In some of these classrooms, the only ventilation is to open a window, but cold temperatures preclude this for part of the year.

The recommended acoustics (or “sound transmission”) rating for classrooms is at least 50, but at the middle school and parts of the high school this rating is zero. This means that measurable background noise, which is supposed to be at or below 25 decibels, is typically above 35 decibels.

The school site meetings were held as follows: PHS (10/26/15);; PMS (11/2/15);; MHS (11/5/15);; Havens (11/12/15);; Wildwood (11/19/15);; Beach (11/30/15);; and PHS/MHS (12/1/15).

❏ Board of Education Meetings

In addition to receiving progress reports at its regular meetings, the Board of Education held a special meeting on December 14, 2015 to review all input received at the school site meetings. As with the site meetings, the December 14 meeting was publicized in the school bulletins, school newspaper, and local newspapers, and all members of the public were encouraged to participate.

Following this meeting, the District created a draft Facilities Master Plan that combined (1) the assessment of the educational appropriateness of facilities with (2) the assessment of the physical condition of facilities and (3) community input received. The project team also developed two illustrations — for purposes of discussion and soliciting further community input — demonstrating different approaches to implementing the Plan. The draft Plan was presented at three public meetings (to date), on January 12, January 19, and February 10.

The Board of Education will hold additional meetings on the draft Plan in the coming months, and will likely finalize and adopt the Plan in April 2016.

What needs are identified in the Facilities Master Plan?

❏ Piedmont Middle and High Schools

● To accommodate current and projected enrollment, the middle school needs at least three additional classrooms and the high school needs at least two additional classrooms and one additional science lab.

● To support STEAM education, labs must be configured with sufficient preparation, collaboration, project, presentation, and storage space.

Piedmont Unified has two high schools and one middle school, clustered together at 740-800 Magnolia Avenue. Piedmont High School has 39 classrooms, roughly 110,000 square feet of building space, and 871 students enrolled for 2015-16. PHS consists of several separate facilities that were constructed in the 1920s, 1930s, 1960s, and 1970s, and includes classroom buildings, the Student Services building, Binks Gym, Alan Harvey Theater, and the Witter Field complex. Millennium High School is an alternative high school that shares space with PHS and the District’s administrative offices. MHS has 4 classrooms (1 that is shared with PHS) and 80 students. Piedmont Middle School has 33 classrooms, roughly 85,000 square feet of building space, and 683 students enrolled for 2015-16. PMS buildings were constructed in the 1970s and 1990s and include the Science Building and Morrison and Redford Gyms.

  • ●  To provide an educationally appropriate, comfortable and secure learning environment, sound insulation, ventilation, climate control, and additional restrooms are needed.
  • ●  To support a range of teaching strategies — including quiet study, research, small-group collaboration, project work and exploration, presentations, and formal instruction — classrooms must be modernized and furnished for maximum versatility.
  • ●  Antiquated mechanical, electrical, and plumbing systems must be replaced.
  • ●  To sustain, improve and expand course offerings, specialized facilities are needed:
    • ➢  The high school cafeteria, Piper Cafe, is used as the culinary arts classroom and for conferences, presentations, professional development programs for educators, and parent education programs. Nonetheless, use of the Cafe kitchen for career technical education programs in culinary arts means that the kitchen is not available for its original cafeteria purposes during class time. For this reason, the Cafe kitchen can support one section only of the culinary arts class. Also, the cafeteria is not well-suited for conferences and presentations due to poor acoustics. Additional teaching, conference, and presentation space is needed.
    • ➢  Alan Harvey Theater is used daily as a classroom, as well as for assemblies, rehearsals, performances, and community events. The Theater lobby is also used on a regular basis for small group meetings and rehearsals. The Theater is undersized for the current school population, does not adequately support the performing arts programs and needs for performance space, does not support Community needs for presentation and performance space, and does not comply with current fire/life/safety and accessibility codes. Additional seating capacity and additional teaching, rehearsal, and ancillary backstage spaces are needed.
    • ➢  Course offerings in sports medicine and related fields require dedicated space and equipment that support instruction in physiology, athletic training, nutrition, preventative care, and rehabilitation techniques. This space differs from typical classrooms, in part because training tables and equipment storage is needed.
  • ●  The turf on Witter Field has reached the end of its useful life and must be replaced. In addition, underground drainage is inadequate and must be improved to protect the new turf from stretching and tearing due to the pooling of water from Bushy Dell Creek under the surface. These improvements are critical to preserve and enhance student athletics.
  • ●  To support the social and emotional health of students, additional, private meeting space is needed at the middle school for Wellness Center programs.
  • ●  To the extent feasible, parking and traffic issues should be mitigated. The District has been working with the City of Piedmont to reduce traffic congestion along Magnolia Avenue during drop-off and pick-up times with new parking zones, permits, and signage. Off-street, paved parking is desirable for faculty, staff and visitors although the constrained area around the middle and high school campuses makes this difficult. The District and the City are continuing to explore possible solutions for Magnolia Avenue.

❏ Piedmont Elementary Schools

  • ●  Extended-day kindergarten is needed to better serve students. The District currently offers half-day kindergarten due to space constraints. Nonetheless, a growing body of research suggests that extended-day kindergarten produces greater learning gains than half-day programs. Furthermore, elementary school curriculum is developed based on the assumption that kindergarten is a full day, so offering half-day-only kindergarten necessarily means that students are not covering all recommended curriculum. For these reasons, additional kindergarten classrooms are needed.
  • ●  Climate control measures are needed to prevent classrooms from overheating and provide a comfortable learning environment. Ambient classroom temperatures exceed 80 degrees at least 30 school days per year.65 Piedmont Unified School District has three elementary schools. Beach Elementary (100 Lake Avenue) has 18 classrooms, roughly 35,000 square feet of building space, and 334 students enrolled for 2015-16. Beach was modernized and seismically strengthened in 2011 and 2012. Havens Elementary (323 Highland Avenue) has 23 classrooms, roughly 51,000 square feet of building space, and 498 students enrolled for 2015-16. Havens was built in 2009. Wildwood Elementary (301 Wildwood Avenue) has 15​ ​classrooms, roughly 20,000 square feet of building space, and 311 students enrolled for 2015-16. Wildwood was modernized and seismically strengthened in 2010.All elementary classrooms were supposed to get air conditioning and climate control features when they were renovated as part of the seismic safety program. However, in order to ensure completion of the seismic work, the installation of air conditioning units was deferred for budgetary reasons.

● All three elementary schools need additional shade for the outdoor recreational areas.

❏ All School Sites

  • ●  Additional support spaces and meeting rooms are needed to meet current teachingneeds.
  • ●  To the extent feasible, each campus should have a secure perimeter and administrative oversight over the access points to enhance safety and security. At the same time, facilities such as fields and playgrounds should be unlocked and open for community use and enjoyment during non-school hours.How will the Facilities Master Plan be used?The Facilities Master Plan is a long-range planning document that will guide short-term and long-term facilities improvements. Piedmont Unified cannot afford to address everything in the Plan ​at one time​, and that is not the intent. Instead, the District will have to prioritize the work and propose a series of bond measures over time, seeking voter approval to make these improvements in phases.How will the District prioritize the work?Piedmont Unified’s Board of Education will prioritize improvements based on educational needs and goals, considering input from the school community, broader Piedmont community, and City of Piedmont. The Board is soliciting public input on the priorities and will conduct a public opinion poll in the next month. Additional public meetings concerning priorities for near-term facilities improvements will be held throughout the remainder of this school year. These meetings include Board of Education meetings on March 23, May 11 and 25, and June 8 and 22, and a community town hall meeting in April or May (date to be determined).In addition, the District’s Facilities Steering Committee is meeting regularly to develop options for the Board to consider when setting priorities for implementation.

What will it cost to implement the Facilities Master Plan?

District staff worked with architects, engineers, and three general contractors, each with extensive experience in public school construction, to develop detailed cost estimates for implementing the Plan. I​f all work identified in the Facilities Master Plan were to be addressed in a single (multi-year) phase, the estimated cost is $137 million​. This includes hard costs (cost of construction), soft costs (architectural and engineering fees, state design review fees, inspection and permit fees, utilities fees, estimated price escalation over the next few years, and furnishings, fixtures, and equipment), and contingency funds. Nonetheless, Piedmont Unified cannot afford to address everything in a single phase. Instead, the Plan will be implemented in phases and actual cost will depend on the scope and sequence of each phase, which have yet to be determined.

How will these improvements be funded?

In California, school districts typically finance capital improvements by issuing bonds. To issue bonds, approval by 55% of local voters is required. In addition, aggregate debt issued by the district (or “bonding capacity”) may not exceed 2.5% of assessed value of the district’s taxable property. Also, bonds may be issued only if the estimated t​ax rate ​levied to repay the bonds does not exceed $60 per year per $100,000 of assessed value of the taxable property.7

Piedmont Unified’s bond financing consultant, KNN Public Finance, recently reported that the District’s bonding capacity is now roughly $66 million, and this number will increase over the next few years as previously-issued school bonds are retired. To see KNN’s presentation to the Board of Education on January 13, 2016, click here: http://www.piedmont.k12.ca.us/aboutpusd/agenda.minutes/2015_16/Piedmont_2016_Bond_Mea sure_Presentation_1_13_2016.pdf

The District will likely propose a series of bond measures over time to make these improvements in phases.

California Education Code section 15270 imposes these limits on the sale of school construction bonds.

Is the District eligible to receive State funding for these projects?

The District is likely eligible for state matching funds to help pay for modernization of the middle and high school facilities. Eligibility is based on the age of buildings, student population, and past receipt of state modernization funds. The District estimates that it is eligible to receive between $4.8 million and $6.47 million in state funds, provided that Piedmont Unified offers a 40% match.

The actual amount of the state modernization grant would depend, in part, on the extent of accessibility and fire life/safety code compliance work that is required by California’s Division of State Architect (DSA) in the final project scope. In addition to State ​modernization​ funds, Piedmont Unified is eligible to receive state grants for water and energy conservation projects. The District will receive a $650,000 DROPS (Drought Response Outreach Program for Schools) grant for water conservation enhancements on the high school campus, and $420,000 over five years for energy efficiency and conservation improvements across the District.

After the Facilities Master Plan is adopted, will there be continuing community involvement in implementation of the Plan?

Yes. To be most effective, facilities projects require ongoing community involvement and oversight. Piedmont Unified has long relied on a steering committee to oversee both the Seismic Safety Bond Program (SSBP) and the Modernization Program (MP), and both programs were completed on time and on budget. Specifically, the SSBP Steering Committee and the MP Steering Committee met regularly with District staff, architects, and construction managers to oversee planning and management of individual projects and program financing. Members of these committees contributed significant professional expertise and helped guide these programs to successful completion.

In the next few months, the Steering Committee will study the Facilities Master Plan, and help prioritize and phase the work in anticipation of one or more facilities bond measures. The Steering Committee will also oversee implementation.

The community members currently serving on the Steering Committee are: Grier Graff;; Brad Hebert;; Robert Hendrickson;; John Gibbs;; Sally Aldridge;; Angel Fierro;; and Bernard Pech. District staff who serve on the Committee include: Superintendent Randall Booker;; Assistant Superintendent Song Chin-Bendib;; Director of Facilities Pete Palmer;; and Board of Education Members Rick Raushenbush and Doug Ireland.

When the Facilities Master Plan is implemented, would students have to be relocated during construction? If so, would the relocation site be outside of Piedmont?

Whether temporary relocation of ​middle and high school s​tudents will be needed would depend on the scope and sequence of campus improvements, and these have yet to be determined. The work identified at the ​elementary​ campuses could be completed over summers, when no students are on campus, so there would be no relocation issue.

The District hopes to avoid relocation of middle and high school students to a temporary school site for several reasons. Relocation adds considerable expense to construction projects and can be disruptive for students and staff. Also, as a practical matter, there are few, if any, appropriate relocation options within or close to Piedmont. The District hopes to avoid relocation through careful sequencing of the implementation plan. For example, the Facilities Master Plan calls for additional middle and high school classrooms and labs to ease overcrowding and meet program needs. If new classrooms and labs are constructed first, the new facilities could then be used as “temporary housing” while older buildings are modernized. If phased properly, students could be cycled through the new facilities throughout the renovation, so all students would remain on the Magnolia campus.

A few years ago the District proposed a bond measure to renovate Alan Harvey Theater and voters did not approve the measure. Will improvements to the Theater be included in the Facilities Master Plan?

Yes. Alan Harvey Theater is undersized for the current school population, does not adequately support Piedmont Unified’s performing and theater arts programs, and does not comply with current fire/life/safety and accessibility codes, so the Facilities Master Plan includes these improvements.

The District received a range of feedback about why voters did not support the Alan Harvey Theater measure. Many voters questioned how the proposed theater improvements fit within an overall plan for facilities, particularly plans for STEAM labs and for modernizing antiquated classrooms at the middle and high schools. Based in part on this feedback, Piedmont Unified has now undertaken this comprehensive Facilities Master Plan.

The City of Piedmont has its own Master Plan. How is Piedmont Unified School District’s Facilities Master Plan related to the City’s Plan?

The City of Piedmont and the Piedmont Unified School District are distinct legal entities, and the regulatory oversight for their capital improvements and funding are separate. For example, all proposed public school construction in California must be reviewed and approved by the Division of State Architect (DSA), which has the authority to require that school projects include accessibility and life safety improvements to bring school facilities into compliance with current building codes. City projects are not subject to this DSA review.

Although the City and the School District capital programs are subject to different rules, procedures, and oversight, there is a commitment to confer and collaborate to the greatest extent possible. Specifically: there are regular liaison meetings between the City Council and School Board, and master planning is a key topic this year;; Pete Palmer, Piedmont Unified’s Director of Facilities, participated in the City’s planning group concerning the aquatic center, and contributed to the City’s pedestrian and traffic safety plans;; Chief of Police Rikki Goede and Recreation Director Sara Lillevand have consulted on the schools’ Facilities Master Plan;; Fire Marshall Dave Swan worked with Piedmont Unified on a comprehensive fire/life/safety assessment and participates in active fire drills at the school sites;; Director of Public Works Chester Nakahara consults on parking and pedestrian safety as well as storm drains, utilities, and other improvements that are coordinated between the City and School District.

What if the community does not support bond measures to improve facilities?

Many of the improvements outlined in the Facilities Master Plan will have to be done eventually, and, in the interim, students will continue to experience sub-standard learning conditions.

● The District would need to spend significant resources to operate inefficient and ineffective mechanical, electrical, plumbing and heating systems, pouring good money into failing equipment that will ultimately have to be replaced. If deferred, the cost of replacement will likely escalate.

● Spending money on failing equipment and systems, such as inefficient boilers and deteriorating sewer lines, would mean diverting money from the District’s general fund that would otherwise be available for educational programs.

● Middle and high school students would remain in overcrowded, undersized classrooms that fail to provide an educationally appropriate, comfortable or secure learning environment. Poor sound insulation, ventilation, and climate control would continue to undermine learning.

  • ●  The District would remain constrained in the range of courses and opportunities it offers students, particularly in STEAM education and career technical pathways.
  • ●  The District would remain unable to offer extended-day kindergarten due to space constraints.
  • ●  Elementary school students would remain in overheated and uncomfortable classrooms.
  • ●  Piedmont Unified would fail to keep pace with surrounding public and private high schools that are investing millions of dollars in STEAM facilities and modernization.What do Piedmont Unified’s teachers say about Facilities Master Planning?Piedmont Unified’s teachers provided numerous specific examples of how the proposed facilities improvements would remove real constraints on teaching and learning, and create new possibilities for 21st Century learning. Some examples from middle school teachers follow:“If the walls were soundproofed, I could have more experiential and collaborative activities in my classroom without worrying about disturbing the classes next to my room. My students would also be able concentrate and learn much better if they were not distracted by noise from other classrooms. If I had more space, students would have room to collaborate, make presentations, or participate in experiential activities without tripping over each other’s backpacks or being hindered by furniture. This would allow them to be more creative and innovative.”If my classroom had adequate space I could use the space to create learning environments for specific purposes. Here are four examples using expanded space which my students could use NOW:
    • ●  “Experts Center. Students teaching students new technology skills. For example, Adam Seville is teaching two students in my social studies class to use Wevideo (think Chromebook “IMovie”). They will produce a “Ken Burns style” presentation that includes selected video clips about the Terra Cotta warriors of the Qin Dynasty. In an “Experts Center” they could teach other students these new skills, and those students could continue passing on these skills throughout the class.”
    • ●  “Conference Center. Students could meet in small discussion groups for literature circles/book clubs or with partners to collaborate on writing. Currently students are writing scripts to demonstrate three ancient Chinese philosophies in a contemporary family setting, and this is very difficult in our crowded setting of table groups.”
    • ●  “Project Center. Students could work on designing and building models and projects that demonstrate their knowledge. If we had this space students could build a 3D model of the lost wax and piece methods of bronze casting. Currently they are limited to 2D presentations due to lack of storage and design space.”

● “Independent Work Center. We need a quiet corner for independent work and reading. There is substantial current research on the need to provide alternatives to group work for students. Our school psychologist has shared this research to encourage us to balance group work and independent classwork.”

“If my classroom were large enough to include shelving and supply cabinets all around the room I could display student work to serve as models and inspiration and store projects in progress. There are multiple classes that use every room, so project based learning is limited. Increasing storage for projects and materials would allow me to integrate more student initiated three dimensional art and design experiences into our daily curriculum.”

“If my classroom had space for ongoing student work, I could dramatically increase opportunities for differentiation, personalized learning, student choice, and “passion based learning” – I need the flexibility to respond to student interests and needs.”

“If my classroom had more space I could use small rolling white boards and table size projection screens for group work. Currently we have no space for maximizing the potential of our current tech resources, so students are limited to doc sharing on individual screens when they collaborate.”

“If the library were modernized to include moveable walls/whiteboards, I could change up the space to accommodate whole classes and small groups, and my students could have a more options for collaborative workplaces. If the library were modernized with better sound-proofing, I could be heard without competing with surrounding classrooms/ 201 meetings/classes, and my students could better focus on the tasks at hand.”

Editors’ Note:  Opinions expressed are those of the author.
Mar 24 2016

At a special meeting on March 22, 2016, the City Council interviewed applicants and made appointments to fill vacancies on commissions and committees. Drawing on the talents of twenty five applicants for seventeen vacancies, the Piedmont City Council made the following appointments:

Budget Advisory and Financial Planning Committee

Nick Levinson – August Moretti – John Chiang (Alternate)

CIP Review Committee

Michael Henn

Civil Service Commission

Carolyn Collins  &  Kathleen Winters

Park Commission

Betsy Goodman –  Jim Horner – Brian Mahany

Planning Commission

Eric Behrens & Tony Theophilos

 Aradhana Jajodia (Alternate)

Public Safety Committee

Lori Elefant & Lynne Wright

Recreation Commission

Glyn Burge – Jeffrey Dorman – Vincent Fisher

Each of these appointments is for a three year term. Commission and Committee members are eligible to serve no more than two consecutive terms in office.  All of the appointments are to volunteer positions.

 

Mar 23 2016

Reply to School Board Member Doug Ireland’s explanation of why some properties in Piedmont are not paying the School Support Tax.

With due respect to PUSD Board Member Doug Ireland, there is an obvious misunderstanding. First, the school support tax is a special assessment tax and not a property (ad valorem) tax as defined by the Assessor and the State Board of Equalization. Secondly, the measure approved by the taxpayers on March 5, 2013, is the law and not the resolution approved by the Board of Education. The full text of Measure A unequivocally said there could be an exemption only for homeowners who qualify for SSI.

Regarding Ireland’s four bullets:
• The California Constitution and the Revenue and Taxation Code exempt church-owned properties from the ad valorem portion of their tax bills but not from the special assessments.
• City of Piedmont taxing policy is not restrained by the same rules that dictated Measure A, and is not relevant.
• So-called “minor” parcels can be subsumed by the larger under some circumstances but the owner must have two parcels to begin with (only 22 of the 56 exempted have two parcels) and the owner had to apply to the assessor for this exemption within 90 days after the effective date of the measure. There is no evidence that this was done by any owner. (This exemption was allowed in the resolution but not in the tax measure itself.) To avoid paying the tax twice, owners of two parcels can very simply combine them into one, as Ireland pointed out, and this was done in three cases.
• A dozen or so single parcel lots split by the boundary line have an Oakland address but are partially in Piedmont. The measure says each parcel wholly or partially in Piedmont must pay the tax. There is no exception based on historical precedent or school eligibility. Many of the current exemptions are based on past practices, which the Appellate Court ruled could not be continued. The measure itself would be illegal if it allowed these exemptions.

Bottom line is that voters are entitled to believe in what the measure says. They are also entitled to know why it is worth a million dollars to exempt these particular parcels but not others with similar lots, even those side by side on the same street.

William Blackwell, Piedmont resident

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

Read Douglas Ireland Opinion  <

Mar 22 2016

Why are some properties not taxed for the Piedmont School Support Tax?

Over the last several months, PUSD has received inquiries about our collection of the School Support Tax (Measure A) that was passed with resounding support by the community in spring of ’13.  In question is whether the district is applying the tax to all the appropriate properties.

Let me start by saying, the district administration and school board is appreciative of the overwhelming support we receive.  The community contributes substantially to maintain our excellent schools and we are grateful for that. We do not assume it will be forever thus and we aim to earn your support at every election and with every decision. Where we fail, we hope to learn and improve.

And vigilant community members play a vital role keeping a watchful eye on our performance. It is a healthy process that we appreciate.

The parcels in question fall into four categories for potential assessment or exemption. They include; church parcels, public parcels, “minor” parcels adjacent to existing taxed parcels and parcels straddling Piedmont and Oakland.

Our law firm, Fagen, Friedman and Fulfrost has worked closely with district staff, our financial agents NBS and the County Assessor to review the parcels in question and the prevailing jurisdiction.

Having reviewed their opinions, having ourselves investigated the parcels in question and legal precedent, we are convinced of the proper performance of the parties to assess and collect the appropriate monies. It breaks down like this:

-Under the California Constitution and Revenue Code, church properties used for religious worship are exempt from property tax. While the School Support Tax is a parcel tax, it is also a property tax and therefore exempt.

-City of Piedmont properties are similarly exempt.

-With respect to “minor” parcels in Piedmont, the owners of homes including such parcels already pay the School Support Tax on their main parcel–the question is whether they should pay twice. Under Government Code Section 53087.4, parcels created under the Subdivision Map Act are treated as a single tax assessment unit and other parcels are treated as separate tax assessment units only if deeded separate from adjoining parcels. Moreover, property owners can simply combine their minor and principal parcels through the assessor’s office, as they surely would if the District attempted to tax them twice.

-There are parcels sitting astride Oakland and Piedmont. Historically, homeowners have the option to pay one or the other, and are assessed by Piedmont only if they chose to take advantage of our school system.  Those parcels straddling the border with children in the PUSD schools pay our School Support Tax.  One might argue that the option of sending children to Piedmont’s fine schools represents an intrinsic value to their home and should therefore be responsible for the tax. But it goes against precedent and would potentially invite litigation that the district, mindful of ongoing budget constraints, is loath to take on for the modest additional revenue it may represent.

We seek to comply with the law while avoiding potential litigation pitting us against the Piedmont residents we serve.

We hope this makes sense to the community. The Superintendent and the Board will continue to run our schools to the best of our ability with prudence and good judgment. Thank you for your ongoing interest and support in our efforts.

Douglas M. Ireland, Piedmont Unified School District Board Member

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

Read William Blackwell’s opinion here.

Mar 20 2016

Schools may follow City in seeking taxpayer approval for new tax funding.

On March 23, starting at 7 p.m. the board of the Piedmont Unified School District (PUSD) will meet in the City Hall Council Chambers. 

(Read the complete agenda here.) Item VII.A. will be a discussion of the PUSD Facilities Master Plan beginning at approximately 8 p.m.

The Facilities Master Plan process combines the goals of PUSD’s Education Specifications and the information collected by the design team (including facility assessments) into a comprehensive plan for the schools of the Piedmont Unified School District. The main product of the facility needs assessment and Facilities Master Plan is a detailed proposal for renovations and/or additions to be made at each school campus.

On February 10, Mark Quattrocchi of Quattrocchi Kwok Architects presented its $136,800,000 Facilities Master Plan to the PUSD board.  Assistant Superintendent Song Chin Bendib reported the district’s bonding capacity is $38.3 million to $65.7 million. 

The November 2016 election is now the earliest opportunity for a ballot measure to seek voter approval of a school bond for the Facilities Master Plan.

Facilities Master Plan includes:

  • Razing Alan Harvey Theater;
  • Adding classrooms;
  • Demolishing the 10s building;
  • Constructing a two-story administration building;
  • Building a new, two-story classroom building on the Millennium High and Piedmont High campus.
  • Building a new 450-seat theater, drama classroom and office; modifying the amphitheater
  • Converting the lower floor of the 40s building to four classrooms; new entry plaza;
  • Kindergarten classroom, improved drainage, shade at Wildwood;
  • Fencing, a new retaining wall, better climate control, another kindergarten classroom at Beach School;
  • Two kindergarten classrooms, more shade, more blacktop and climate control at Havens,;
  • Enhanced security.

Meetings of the School Board are broadcast live on Channel 27 and on the City’s website. 

Mar 17 2016

160 Piedmont residents signed support of ratifying the policy for climate change –

March 7th City Council Meeting Report –

    At 7:00 pm on March 7th, 2016, Mayor of Piedmont, Margaret Fujioka, called the City Council meeting to order. Twice a month, on the first and third Mondays of the month, the Council comes together in a meeting to address current issues of Piedmont and the possible resolutions to those problems at City Hall Council Chambers, 120 Vista Avenue.

    This meeting was not the regular first and third Monday of the month type of meeting, the main purpose of the meeting was for Mayor Fujioka to give her second State of the City Address since her election. The meeting started the way they always do, with a call to order, pledge of allegiance, and approval of the council meeting minutes for February 16th, 2016.

    Ten minutes were then granted to the public to speak about issues they see in Piedmont. These ten minutes were divided equally among all of those who wanted speak in the audience. Eight people filled out speaking cards, so each person got a minute and fifteen seconds. The majority of those speaking in front of the City Council were speaking to the subject of climate change and solutions to the problem that the city of Piedmont can help with. The majority of those who spoke out about climate change, including Julie Walsh who collected 160 names of Piedmont residents in support of ratifying the current policy for climate change, gave information and reasoning on why CalPERS should move away from fossil fuels for environmental as well as financial reasons. I agree with what was stated in the meeting about climate change being a pressing issue the City of Piedmont needs to address. The benefits to green fuels are better than those of fossil fuels. Chris Seybold spoke out about the issues of Oakland Ave and the unsafety of its crosswalks, proposing to calm traffic at the crosswalks. I spoke along with Hannah Castle about student parking. So many people drive to school and with that, parking is already very limited. There are a variety of people who drive to school where they can walk instead. We proposed that students who live within a 20 minute walk not be issued a permit, and therefore students who live farther than that be granted a student permit. The only issue I encountered in this idea was where the permitted parking would be placed as most of the areas students park are within residential areas.

    After the ten minutes of Public Forum ended, the Council moved on to Mayor Fujioka’s second State of the City Address. The address started with an acknowledgment to the renovated City Hall entry way by thanking Piedmont Beautification Foundation as well as the employees of the city for their cooperation. Mayor Fujioka then brought up the four issues she brought up in her first address; improving public safety, maintaining fiscal health, embracing technology, and addressing aging infrastructure. Public safety has been a big priority for Piedmont, and with the help of Police Chief Rikki Goede and Fire Chief Bud McLaren, Piedmont is safer than it was just a year ago with crime rates down and an increase of disaster preparedness.

Throughout the last few years, Piedmont has remained fiscally healthy with cost-saving measures which also will help generate revenue for the city and to continue embracing technology, a five-year Information Technology Strategic Plan was adopted in October 2015 and the next step for the plan is to employ IT staff for support. To address the aging infrastructure, Mayor Fujioka brought up the parcel tax and commended its support of Piedmont residents and discussed the increase of the tax on the June ballot. Mayor Fujioka ended the address with stating the strong connection the City has with PUSD. She promised to continue to keep the four initiatives listed above as her priorities moving forward in her term.

    I spoke with Paisley Strellis after the meeting about her role in the audience. She said that she attends every City Council meeting and then writes the summary of the meetings for The Piedmont Post in order to keep all of Piedmont up to date on the happenings of each meeting.

By Megan Deutsche, Piedmont High School senior

 Editors’ Note:  Opinions expressed are those of the author.
Mar 17 2016

Board of Education Hears Reports on Voice Cooperative, Food Drive, SAT Testing, PUSD Budget, STEAM, Taxation for Facilities Master Plan, and  Student Recommendations –

    On March 9, 2016,  the Piedmont Board of Education held one of their bi-monthly meetings that take place on the second and fourth Wednesday of each month at 7 p.m. in the City Council Chambers at City Hall.  The Board of Education meets to discuss various aspects of the Piedmont Unified School District (PUSD) to ensure the best possible learning community, where students are engaged and have the support to reach their full potential.

    This meeting began with Jenny Hosler, a representative to the Board from Piedmont High School, giving a brief update on what is going on at the High School this month.  She described Voice Cooperative, a student run club that brings in inspiring speakers for lunchtime talks, the two plays that are being performed this week, and the food drive for the Alameda County Food Bank.  Hosler announced that Piedmont High School is the Alameda County Food Bank’s second biggest donor, only after Safeway, averaging 12,000 pounds of food each year.  This year, it is now possible to donate online, so the hope is to reach out further into the community for donations.

Student recommendations

    Board President Andrea Swenson then opened the floor for public comments.  Four groups of high schoolers shared their perspectives on current matters that are being discussed.  Ashley Gerrity and Rachel Fong addressed SAT subject testing, saying they wished teachers would suggest that underclassmen take the corresponding SAT subject test to their AP and Honors classes while the material is still fresh in their minds.  Meredith Aebi brought up the heating system that is possibly broken in the 10s building of the High School and proposed a solution.  Maggie White explained how she believes building a fence around the school would have a negative impact on the learning environment; and finally Lizzie Bjork and I spoke of our positive experiences with small class sizes.

Budget

    Assistant Superintendent Song Chin-Bendib then gave the 2015-16 Second Interim Report.  She spoke of long term budget changes and about how the PUSD budget is in its 3rd year of funding under the Local Control Funding Formula.  She explained the burden of the CalSTRS (California State Teachers Retirement System) payment, which now due to the “phantom” pension expenditure, causes the District to have to record a reserve of money of $1,692,093 as an expense.  She also stated that there is still over half a million dollars set to be used for the 2017-18 school year.  After this budget summary, Board member Amal Smith mover to approve the budget for the 2015-16 school year and for two fiscal years, seconded by Board member Doug Ireland, which was approved by the Board.

Taxation for Facilities Master Plan

    Superintendent Randall Booker spoke next of the Facilities Master Plan, which will be discussed in greater depth at the next meeting.  He gave an overview of some of the major themes that are emerging from meetings with staff and students as the most important goals for this Facilities Master Plan.  The first goal he spoke of was improving the physical learning environment, which includes updating the antiquated energy system as well as making changes to transition to a 21st century learning environment that preps students for future college and career readiness.  The key for this change is to have spaces that are ready for maximum flexibility, like a science room that can be used for chemistry as well as engineering or outdoor space that is ready for experiential learning.  He also spoke of the interest in improving the athletic facilities and changes to mitigate parking.  He announced that the goal to have completed by the April 27th meeting is to partner with the community to create a survey to find out what the appetite is for these changes and for taxation, so that at that meeting there can be discussion about what changes the community really will want to implement and what the priorities are.  President Swenson then emphasized that these changes will not happen without community support and urged the community to email, call, attend meetings, share opinions, and show support in any way possible.

Elementary School Program Design – STEAM

    The Educational Service Report followed, given by the three elementary school principals, Michael Corritone, Anne Dolid, and Carol Cramer.  They spoke of the Instructional Program Design that they have been working on for the elementary schools and where they are in the process.  They have been conversing with a consultant for over a year and are developing in depth prototypes.  Some of the main aspects that they are including in the prototypes are STEAM rotations, allowing every student to be taught art and computer science by a specialist in grades 2-5.  The idea of these STEAM rotations is to create a system where art and computer science are integrated into the curriculum, and these STEAM rotations would be taught by certified specialists.  The principals also explained other opportunities that have grown from the prototypes in the works, like a library commons system and a full kindergarten day.

President Swesen then opened the floor to public comments again, and Hilary Davis, the president of Paints, an organization that strives to promote art in the schools stepped up to the podium.  She said that she was shocked to hear that with these prototypes, all six art specialists had been let go with the plan to hire one certified specialist and that the time for art in schools had been cut in half.  Superintendent Booker then spoke, wanting to assure everybody that nobody had been let go yet, and there are contracts that go until the end of the year.  Auban Willats then stood to state her concern as a parent for what seems like a drastic reduction in art and music education in these prototypes.  Elementary school art teacher, Kammy Cobb then stood to share her expert opinion that cutting art class to 40 minutes does not allow enough time to accomplish everything that goes into an art class, like a demo and clean up.  Finally, John Chainey, a Wildwood parent, stood to state his support for more art, music, writing, and poetry in the schools, and brought up the idea of bringing the resource of the talent of the community into the schools.

After the meeting, Suzie Skugstad, shared her cause for attending in an interview.  She is one of the Wildwood art teachers who is being let go, since she is not officially certified.  She believes that these new prototypes will “decimate the art program by cutting the amount of time the kids will get art to less than half and maybe even one third.”  She believes that the prototypes are also cutting out “art for art’s sake,” by making much of the art tied into other subjects and assessed and critiqued.  I agree with her that while integrating art into the curriculum can enrich the materials of the other subjects, it is also extremely important to have art alone, solely for the sake of creating art.  Her next step is to attend the March 17 meeting and find out if the prototypes are available to parents online.

Allie Frankel, Piedmont High School senior

Editors’ Note: Opinions expressed are those of the author.
Mar 10 2016
As this website is dedicated to civic affairs, readers may want to take notice of an interesting example of civic process playing out in City Hall right now.
At a public hearing of the Park Commission to address 10-grader Milo Gaillard’s petition to open the upper lawn in Dracena Park to off-leash dog use, a Dracena Avenue neighbor opposed to the petition introduced a map showing that the current off-leash areas of the park are in contradiction to the intent of the 1974 Council resolution establishing the dog run.  A subcommittee was established to evaluate the petition but also took up the question of the validity of the current off-leash areas.
The subcommittee returned a report with little analysis of the feasibility of the petition but rather with a detailed analysis of the “legislative history” of the Dracena off-leash rules concluding that the current off-leash use of the park is “not consistent” with City Code.  The subcommittee report offered the following history as justification for its conclusion (emphasis added):
·       In 1970, the Council added a requirement to the City Code that dogs in public areas be on leash. Previously dogs could be off-leash, but had to be “at heel.”
·       In 1974, the Council amended the Code provision that dogs be on leash and allowed the Council, by resolution, to set off-leash areas. At that time, the Council designated four off-leash areas: Blair Park, Piedmont Park creek area, Dracena Park Pathway, and Linda Park.
·       In 1993, the City Council, by resolution, adopted the recommendations of the Park Commission regarding off-leash dogs in Dracena Park for a one year trial period.
·       In 1997, Council by Ordinance 569 N.S., consolidated many different provisions in the City Code relating to parks into a single chapter. This included defining the off leash areas originally established by resolution in 1974 into the City Code.
·       In 2000, the Council refined the definition of the off-leash areas, added rules for dogs using these areas, and added the requirement that dogs using off leash areas have a special license.
The subcommittee history leaves out important facts about the adoption and implementation of the Dracena Park off-leash rules (emphasis added):
~~~~~~First, from Piedmont Municipal Code, Chapter 4, “Animals”, 1989:
“Sec. 4.13  Running at Large.
It shall be unlawful for any person owning or having in charge, care, control or custody any dog to suffer or permit any such dog to trespass on private property. As an exception to this section, the City Council shall by resolution designate specific areas within the City in which any dog under the control of a competent person may be permitted to run without being secured by a rope, chain or other leash; provided that at no time shall a dog in such specified areas be further than fifty yards distance from the competent person controlling such dog or be allowed to threaten, intimidate,  bite or endanger any person in such specified areas; provided further, that the City Council may by resolution from time to time set forth specific times or days in such designated areas during which no dog may be permitted to run without being secured by a rope, chain or other leash not over six feet in length. (Ord. No. 291 N.S., ‘1; Ord. No. 316 N.S.,’1)”
~~~~~~~ from Ordinance 569 N.S, 1997:
3.4.2 Dog Runs Established. The following areas, which are illustrated on maps incorporated into this chapter, are designated as “dog runs” and dogs under the control of a competent person shall be exempt from the provisions of Section 4.13 of the municipal code when in these areas.
a.     Blair Park in it entirety
b.     Piedmont Park creek area from the rear of the Community Hall to the Wildwood playground
c.     Dracena Park pathway from Dracena Avenue to ArtunaAvenue
d.    Linda Park loop and upper path
3.4.3 Dog Run Signs Required. The Department of Public  Works shall be responsible for installation and maintenance of signs in all dog runs which clearly designate the area to be used by dogs off leash.
 ~~~~~~From the minutes of City Council, November 6, 2000:
City Council Action
After a large amount of public testimony on the ordinance, the Council approves the first reading of Ord. 619 N.S. making changes Sec. 3.4 of the City Code (Dogs in Parks) (Resolution 73-00) as follows: (New text is underlined and text to be removed is in strikeout)
Section 3.4.2 is amended to read:
“The following areas, which are illustrated in maps incorporated is this chapter are designated as “dog runs” and dogs under the control of a competent person shall be exempt of the provisions of Section 4.13 of the municipal code when in these areas.
1.     Blair Park in its entirety
2.     Piedmont Park creek area (designated by signs)from in the rear of the Community Hall to the Wildwood playground Piedmont Unified School District Property Line
3.     Dracena Park pathway (designated by signs) from Dracena Avenue to Artuna Avenue
4.     Linda Park loop and upper path (within fenced off-leash area).
Section 3.4.3 is amended to read:
“The Department of Public Works shall be responsible for installation and maintenance of signs in all off leash areas which clearly designate the area to be used by dogs off leash and the rules for off leash areas as established in Section 3.4.4 of this Code.”
With this additional history, especially the definition of off leash dogs in Chapter 4 that allows dogs to be within 50 yards of their owner, the current off leash use of Dracena Park is completely consistent with City Code.
 Under the definition of off-leash in Chapter 4, all of upper Dracena Park is off-leash dog run, being within 50 yards of the Dracena-Artuna pathway.
In this context, the 1993 trial period allowing dogs on the upper pathway was a reduction of the off-leash area of the park and Milo’s petition, rather than a request for a new use, seeks restoration of what was once allowed.
Even without Chapter 4, the history supports the intent of City Council to expand the off-leash use of the park from the 1974 resolution to what it is today. In Ordinance 569, City Council established the authority of the Public Works Department to designate with signs the area to be used by dogs off-leash and current signage in place for over 20 years supports that.
In 2000, Council explicitly removed references to a trails map and again reiterates the role of Public Works to designate the areas and rules for off leash dog use.  In Dracena Park, staff implementation is clearly evident by signage which designates upper and lower pathways as off -leash and the lawn as on-leash.
So here’s the civics question: does a single word from the 1974 resolution, “pathway”, trump 30 years of Council action and city administration to the contrary?  Are off-leash dogs that wander off the pathway “inconsistent” with City Code or do the signs throughout the park define the off leash area?
 It’s the classic example of the “original vs. living” document debate of Justices Scalia and Breyer at the U.S. Supreme Court!  OK, that may be a stretch as we are talking about a 10th-grader’s “simple” petition to let dogs on the lawn. But the consequences to dog owners are serious.
The Park Commission is recommending a 50% reduction in the use of the upper half of the dog run, the section most used by dog owners, especially seniors.
Now, Council will take up this “great debate” at its March 21 meeting. Will it continue with this can of worms and reopen this contentious issue or will it honor past Council direction and maintain staff’s discretion to manage the off leash areas?  In that regard, the Council might want to consider some advice Milo has been hearing from City Hall – be careful what you ask for.
With a pending ballot initiative to increase the parcel tax, will it reduce off-leash use of Dracena Park, one of the most popular municipal services provided for by the tax?
Garrett Keating, Former Piedmont Councilmember
Editors’ Note: Opinions expressed are those of the author.