City revenues from Real Property Transfer Tax (RPTT) have far exceeded projections.

The following is a letter sent to the Piedmont City Council.

Jan 2, 2016

Piedmont City Council

Re: Jan 4 Agenda Item 5: Parcel Tax

Dear Mayor Fujioka and Council,

The 1990-1991 Real Property Transfer Tax (“RPTT”) was $384,494 (2007 MTRC Report attached). The 2014-15 RPTT is $3.9M (Eric Cheung 20151102 attached). This steady, inexorable 10.13% annual increase is omitted from the 2015 BAFPC Report and at this rate the RPTT will be over six million dollars in five years.

There are many more up years than down years for the RPTT and the increases include 43%, 50%, and 94%. From 1991 to 2007 the largest decrease is -16%. (2001-2011 City table and 2011-2015 Budget material attached).

While the 2015 Budget Advisory and Financial Planning Committee (BAFPC) Report is admirable in some respects, the bias is a conservative approach from both a demand and supply perspective. The future may hold more financial demands on the City and the BAFPC is prudent here. However, the supply side of taxpayer funding is presented in an overly conservative approach by underestimating RPTT and real property tax revenue. Staff estimates support this approach; a recent example is the $2.8M estimated for 2014-15 RPTT in the proposed budget when the actual figure is $3.9M.

The BAFPC is overly conservative in estimating ever increasing revenues in other areas. The BAFPC uses a $1.6M estimate for average Real Property value in town which is inconsistent with recent sales data which reveals the average Piedmont home sold for $2.13M and the median sale was $2M. Coming online are eight new homes in Piedmont, the seven Piedmont Station units and the Lexford Road project. And as the aging-in-place Proposition 13 residents die off, their low value homes will be sold and represent a much higher tax revenue basis.

Even during the worst economic downturns, Piedmont property values do not plummet like so many other Cities and regions. There is a flattening out and slowdown of sales. And then the inexorable march upwards begins again. (The largest decrease in the RPTT from 1990 to present occurred from 2006-07 to 2007-08 at a negative 32%.)

Regionally Oakland has become a destination and is enjoying increasing home values as those wishing to live in San Francisco are priced out. This is fostered by tech companies moving to Oakland. Piedmont continues to be the premier sought after location, especially for the increasing number of affluent Techies flocking to Oakland.

No increase in the Parcel Tax is warranted or can be reasonably justified. Despite the City Hall and the Post attempting to take advantage of a tax compliant resident base, as with the ill-conceived Sewer tax of 2012, taxpayers saw through that scheme and taxpayers will view any increase in the parcel tax in the same manner. I find it odd that the asked for $11M increase of the 2012 Sewer Tax was never explained, given that the same sewer mainline completion and EPA compliance is now being accomplished for $1M.

With revenues as robust as they are today, I ask the Council to forgive the coming year’s Parcel Tax.

Respectfully,

Rick Schiller, Piedmont taxpayer

http://www.ci.piedmont.ca.us/html/govern/staffreports/2016-01-04/parceltax.pdf

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

Report on December 7th City Council Meeting

by Piedmont High School Student Olivia Arrabit

    On Monday December 7, 2015 I attended the Piedmont City Council meeting in the Piedmont Council Chambers at City Hall.  The Council meets the 1st and 3rd Mondays of every month to discuss their decisions on behalf of the city.  There were six major issues on the agenda, the first was consideration of a report from the Budget Advisory and Financial Planning Committee regarding the Municipal Services Special Tax.

Bill Hosler, Chair of the Budget Advisory and Financial Planning Committee, gave a summary of the report to start the discussion.  The Committee members went around Piedmont looking at facilities to assess how long they would last or how long before they needed repair.  After making observations, Mr. Hosler and the Committee concluded that in order to maintain the city facilities in Piedmont, the parcel tax should be kept and raised up to 50% of its current level to pay for the repairs and upgrades.

After he gave his speech a few of the Council members praised Mr. Hosler on the committee’s comprehensive findings.  Council Member Teddy G. King even said that Mr. Hosler’s paper should be entered into a masters program because it made something so dense easy to understand.

Mayor Margaret Fujioka remarked that the Council may need to consider a 50% increase as too much, but they also have to think about the fact that the tax only comes before the voters once every four years while the City depends on the tax for sidewalks, streets, etc.  Ms. Fujioka said that they should try to increase revenues while decreasing expenditures.

Vice Mayor Jeffrey Wieler used a metaphor about a boat hitting the rocks to describe the current situation.  He said that in order to steer the boat away from the rocks, the captain needs to slightly steer the boat away long before it hits the rocks for if he waited too long, the boat might not be able to avoid the rocks.  His opinion was that it was smart to start cutting back places where we can save money and to start out by only taking a little bit more money far in advance in order to avoid a huge financial problem.  Council Member Robert McBain agreed with this concept. 

The next speaker was Garrett Keating, a public speaker.  In his opinion the 50% increase was far too much, he used the words “arbitrary” and “unsustainable”.  The Council concluded that they will aim to have another discussion regarding the duration and rate of the parcel tax.

The next issue on the agenda was the consideration of the reconfiguration of parking at the intersection of Magnolia and Highland Avenues.  Council Member Paul Benoit proposed to make the area a safe loading zone during school pick-up and drop-off hours insuring that the police will be able to respond to emergencies quicker and safer.

The Superintendent of Piedmont Unified School District, Randall Booker, voiced that there was a lot of concern about this subject because many people had observed double parked cars and overly congested streets during the school day, making it impossible for police officers to pull out of and into their parking spaces.  Both Council Member Tim Rood and Robert McBain agreed with the concern, because both have had or have students attending Piedmont Schools.

The next speaker was Jennifer Cavenaugh, a mother of three children that currently attend Piedmont schools.  She attended the meeting in order to explain the trouble she has faced with that intersection and offer some insight on the topic.  She said that most parents who live in upper Piedmont use the intersection as a “turn-around.” She said she experiences the traffic everyday and feels it is a huge problem.  She also voiced her concern that even if the City prohibited the “turn-around” area, the parents picking up their children from school would just find somewhere else to turn around, causing the same congestion but in a different area.

The Council Members heartily agreed with Ms. Cavenaugh, and responded by passing two motions unanimously that made all of the parking from 400 to 800 Magnolia 30-minute parking and loading zones during pickup and drop-off times.

In my opinion, I don’t think this will end up working.  Of course, in the beginning it will because there will be officers there to enforce it, but once it dies down people will begin to ignore the parking signs because it is more convenient and there will not be as strict enforcement of the rule.  Also, I think that because it is such a specific parking rule, the actual sign will be very confusing, causing most people to honestly just ignore it.

The next issue that was discussed was the Moraga Avenue Pavement Project.  The project aims to repave and repair sections of both Highland and Moraga Avenues.  There were no speakers and the motion passed unanimously.

The fourth issue on the agenda was rental rates of the Community Hall, the Tea House, the Exedra, and the Veteran’s Hall.  Sarah Lillevand, Piedmont’s Recreation Director, told the Council Members that she had looked at other East Bay wedding facilities and looked at what the prices were to rent them compared to Piedmont’s facilities.  She observed that the rental rates for the Community Hall could be much higher for what the clients are receiving.

Currently, the Community Hall is booked a year in advance without any advertising. Lillevand stated that the venue was very desirable and the price should be raised.  Council Member Teddy G. King agreed completely with Ms. Lillevand.  She said that twelve years ago when she got married she paid almost triple the price for her venue, which is why she concluded that the price should be raised as well.  The motion for price increases for the various venues passed unanimously.

The second to last topic that was discussed was the replacement of the Community Hall floors.  City Administrator Paul Benoit explained that there is veneer on the floor now and that it should be replaced with pure oak.  The only concern is that the pre-schools that take place in the basement of the Community Hall will not be able to operate while the floor is being replaced.  There was an idea of using portables, but the Council Members agreed that option was too expensive.  Mayor Margaret Fujioka stated she was concerned it would be too much of a financial investment for something that is only going to last 30 years.  But the other Council members managed to convince her that the value of the building would go up, and would increase cash flow from the rentals once the floor was replaced.  The motion to take the bid of HY Floor Company of $90,000 to replace the floor passed unanimously.

The last topic on the agenda was the proposal for an agreement with Terri Black for recruitment for the position of Finance Director.  There were no speakers on the subject and the motion passed unanimously for the agreement with Terri Black for $27,000 for the recruitment of the new Finance Director.

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

Piedmont Unified School District Board of Education meeting of December 9 –

Report by High School Student Megan Wilensky –

On December 9, 2015, the Piedmont Unified School District Board of Education met for a regular meeting. The Board of Education meetings are held the second and fourth Wednesdays of each month, unless stated otherwise. At these meetings, the board members discuss goals, problems, and solutions for problems at Beach Elementary, Wildwood Elementary, Havens Elementary, Piedmont Middle, Millennium High, and Piedmont High schools.

At the beginning of the meeting, the participants were told the events that happened during the week and events coming up. Afterwards, students and other audience members had the opportunity to speak about problems at Piedmont High School, or other schools. Anna Morris suggested adding more P.E. options for students to receive P.E. credits such as yoga or pilates noting that other schools have more options other than regular P.E. in which students are more motivated to participate. She stated adding more P.E. classes will inspire students to be active and healthy in their own way.

Another topic was brought up by Chloe Lee Rowlands. She pointed out that at other schools, like Oakland Technical High School, seniors have days dedicated to writing college applications with teachers, counselors, and college counselors available to help out. She stated this would  reduce students’ stress levels and propel them through the college application process faster. I support this idea because I believe it would have helped me greatly when I was working on my own college applications.

A major issue discussed at the meeting on December 9 was the elementary Tri-school instructional design process. Teachers from Wildwood, Beach, and Havens spoke at the meeting about their process of improving the daily schedule at the Piedmont elementary schools. In the past they have found that they barely have enough time to get the kids into their work and finish it, and then transition them to a different subject. The time pressure they are faced with does not give the teachers enough time to successfully engage the children in their learning. At this point, they are not coming up with solutions, however the goal is to have three to four prototype schedules finished by January. These are sample schedules they will test out during the year that will try to solve the current problems by allowing more efficient transitions and empowering teachers to set realistic and reasonable expectations. The group of people working on this project, including teachers, parents, principals, and classified staff, have come up with design principles: the new schedule will support flexibility and creativity, create opportunities for integration of the curriculum, and attend to the well being of the students and staff. Changing the elementary schools’ daily schedules may also help connect the schools to the middle and high schools, and create a nicer flow from school to school.

At the meeting, time was also spent discussing the 2014-2015 and the 2015-2016 school year goals of Piedmont Middle, Millennium High, and Piedmont High schools. The principals at each school presented these goals to the School Board. Mr. Fletcher, the Middle School principal, noted that their goals are to maintain a positive school environment, support student learning with the common core, support, implement, and evaluate connected learning initiatives, and strengthen communication between teachers, parents, and students.

The Middle School has been looking at how much time it takes its students to complete their homework and how many times they need help while doing it. They have also started using an online program to enter grades like the high schools, and are thinking about the possibility of a new schedule for a later school day start.

Mr. Shaw, the Millennium High School principal, discussed their goals of refining the instructional strategies and tools, like technology use, and strengthening the structure and practice that promote individual goals.

Mr. Daniels, principal of Piedmont High School, said their goals are to promote student engagement and promote programs and technology. A few teachers have started using Google Classroom, an online tool for teachers to use to push out assignments to students and check the completeness. Also, the teachers at Piedmont High School have been learning about what meaningful homework is that actually helps the students learn and is not just busy work.

The School Board then approved of all the goals presented to them. I think all of these goals are good ones to have.

The goals involving technology are improving my learning experience already. When we received the chromebooks last year, I did not expect them to be as useful as they turned out to be since we now have more materials to use in class.

All the topics brought up at the Board of Education meeting by students, teachers, and principals were ones that I see improving the Piedmont school system for next year and the years following.

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

Beginning at 7:30 p.m. the Council will take up its regular agenda in the Council Chambers.  Items include: (Click on items to read the reports.)

•  Consideration of a Report from the Budget Advisory and Financial Planning Committee Regarding the Municipal Services Special Tax 
•  Consideration of the Final Parking Configuration at the Intersection of Highland and Magnolia Avenues and a Request from the Piedmont Unified School District to Convert Parking in Front of Piedmont Middle School to a Loading Zone During Drop-Off and Pick-Up Periods 
•  Consideration of the Award of Contract for the Highland Avenue – Moraga Avenue Pavement Project 
• Consideration of Rental Rates for the Community Hall, Tea House, Exedra Plaza and the Veterans Hall 
• Consideration of an Agreement with H.Y. Floor, Inc. in the Amount of $90,514 for Replacement of the Community Hall Floor
• Consideration of an Agreement with Teri Black & Company for the Recruitment for the Position of Finance Director in the Amount Not to Exceed $27,000 and an Appropriation to Fund the Recruitment

The following items are on the consent calendar:

• 2nd Reading of Ord. 719 N.S. Authorizing the Borrowing of Funds for the Phase 5 Sewer Project 
•  Appointment of Robert Dickinson as the City’s Representative to the Alameda County Mosquito/ Abatement District
•  Receipt of a Report on the Timeline for Placing a Measure on the Presidential Primary Election Ballot of June 7, 2016 
• Approval of Agreements with the City of Oakland for Payment of Public Safety Radio Fees in the Amount of $51,800 

The Council meeting will begin at 5:30 p.m for a Closed Session in the City Hall Conference Room on three subjects. Read the full agenda.

The meeting will be broadcast live starting at 7:30 p.m.on KCOM Channel 27 and the city’s website.

Questions:  Contact Paul Benoit, City Administrator at:

The City of Piedmont and the Piedmont Unified School District are joining with Oakland Rotary’s KinderPrep and the East Bay Children’s Book Project to collect books for children who lack access to reading materials. New or gently used books for children in Kindergarten through second grade are especially desired but books for students up to twelfth grade are also welcome.

The book drive is specifically seeking these books:

Any Pete the Cat book in the series.

Anything by Mo Willems (Pigeon series)

Any Dr. Seuss book

Anything by Laura Numeroff with title “If You Give a …..”

Any book on this website:  http://www.greatschools.org/cgi-bin/showarticle/622/

Drop off books at Piedmont City Hall on weekdays until December 17th from 8:30 a.m. to Noon and 1:00-5:00 p.m. Book bins will also be available at Piedmont’s three elementary school sites during school hours from November 30th to December 11th.

The Book Drive will benefit two local organizations: Oakland Rotary’s KinderPrep program, which is committed to fostering literacy and a love of reading in early childhood and the East Bay Children’s Book Project, which helps build literacy by putting books into the hands of children who have little or no access to them.

For more information on the Holiday Children’s Book Drive, please contact the City Clerk’s office at (510) 420-3040 or the Superintendent’s Office at (510) 594-2614.

League of Women Voters of Piedmont announces its Friday, December 4 luncheon open to the public:

Please Join the Piedmont League of Women Voters

  For A Conversation with
the Honorable Yvonne Gonzalez Rogers,
US District Court, Northern District of California.

Judge Gonzalez Rogers will discuss public access to the judicial system, recent changes to federal criminal sentencing guidelines, and diversity within the judiciary. She will also share her journey to becoming a federal judge and answer questions from the audience.

Friday, December 4, 2015
Speaker promptly at 10:30 a.m. followed by lunch
40 Highland Avenue, Piedmont

Program and luncheon are open to the public.
Cost for luncheon is $25 in advance (by December 1st), or $30 at the door.
To reserve your spot, make checks payable to LWVPiedmont and send to:
LWVP c/o Ward Lindenmayer, 40 Highland Avenue, Piedmont, CA  94611
OR click here to pay by credit card through PayPal

*   *    *    *     *    *    *    *   *

The Honorable Yvonne Gonzalez Rogers was appointed in 2011 to serve as a Federal District Court Judge for the Northern District of California.  From 2008 to 2011, she served as a California Superior Court Judge in Alameda County, presiding over criminal trials and a civil direct calendar.  Before joining the Superior Court, she was a partner at Cooley LLP.  Judge Gonzalez Rogers is a graduate of Princeton University and the University of Texas School of Law.  She was elected to the Council of the American Law Institute in 2010 and the Princeton University Board of Trustees in 2014.

At the November 9, 2015 Planning Commission meeting, the Commissioners on a 4 – 1 vote recommended to the City Council that short term rentals (under 30 days) of homes, apartments, rooms, or second units not be allowed in Piedmont.

There were four public speakers addressing the issue.  Dr. Alicia Kalamas provided a list of problems associated with Piedmont rentals based on the AirBnB internet site that included parking, late night arrivals, numerous transient renters, and disruptions in neighborhoods. Commissioners expressed appreciation for the updated information and problems associated with short term rentals in Piedmont.

Three other speakers, two residents of Oakland and one from Piedmont, described what a broadening experience it had been to host guests from all over the world.  Those in favor of permitting short term rentals emphasized the ability to increase their income and lower their homeowner costs.

Four of the commissioners,  Chair Tony Theophilos, Vice Chair Eric Behrens, Phil Chase, and Susan Ode came to the conclusion that short term rentals did not comply with Piedmont’s residential character as stated in the General Plan and Housing Element nor zoning ordinances.  Further, they noted the insertion of a commercial, motel/hotel, facility within residential zones would not be supported by existing laws.  They were concerned over parking, public safety demands, incompatibility with neighborhood character, need for extensive staff to oversee rental compliance, transfer of permanent housing to short term use, and commercial ventures not in compliance with the Piedmont Home Occupation ordinance.

Commissioner Zhang had a different opinion, believing that times had changed and the internet is a primary source of information and resources.  He felt Piedmont should change with the times and allow short term rentals.

The Planning Commission recommendation to not allow short term rentals will now go to the City Council for final action.  The meeting date has not been set.

Voters choose “No” 55.06% to 44.94% defeating Proposition F, an initiative to prohibit short-term rentals of Second Units and permit enforcement through resident legal action. What will Piedmont decide?

The San Francisco Bay Area is world famous as a desirable travel and vacation location, making Piedmont a sought after lodging area with proximity to the University of California, Oakland and San Francisco. 

While the Piedmont Planning Commission and City Council consider what to do about the AirBnB type short-term rental issue, San Francisco’s voters have settled it in San Francisco by their vote on Tuesday, November 3, 2015.  The election was watched not only in San Francisco, but throughout the world. 

San Francisco allows second units to be rented for short-terms for up to a total of 90 days per year. Proposition F intended to completely prohibited short-term rentals of second units. It also would have reduced all other short-term rentals from a limit of 90 days per year to a maximum of 75 days per year.

Ballot language:

Measure F Short-Term Residential Rentals — City and County of San Francisco 

Shall the City limit short-term rentals of a housing unit to 75 days per year regardless of whether the rental is hosted or unhosted; require owners to provide proof that they authorize the unit as a short-term rental; require residents who offer short-term rentals to submit quarterly reports on the number of days they live in the unit and the number of days the unit is rented; prohibit short-term rentals of in-law units; allow interested parties to sue hosting platforms; and make it a misdemeanor for a hosting platform to unlawfully list a unit as a short-term rental? Yes or No

Ballotpedia explained Prop F:

The initiative was motivated by and targeted websites such as Airbnb and Homeaway, which feature rental listings nation- and world-wide. It was proposed by a coalition of unions, land owners, housing advocates and neighborhood groups called Share Better SF. In the interest of easy enforcement, the initiative would focus on penalties for websites that post rental listings that do not comply with city law, as well as punishing individual home owners or sub-leasers. The fines proposed for websites featuring illegal posts range from $250 to $1,000 per day for each non-compliant post. Estimates show the fines for a website such as Airbnb could add up to millions of dollars unless a way was found to keep listings in accordance with city law.

Opponents of Prop F focused their advertisements on the proposition’s implementation strategy,”authorizing private action lawsuits by “interested parties”—defined as anyone living within 100 feet—against those suspected of violating the law.”  Proponents found that enforcement of the current 90-day limit had been inadequate. 

Final campaign financial reporting is not complete, however AirBnB had spent over $5 million to proponents’ $300,000.  Mayor Ed Lee and Former Mayor, now Lieutenant Governor, Gavin Newsom opposed the measure, while Senator and Rormer Mayor Dianne Feinstein, and Former Mayor Art Agnos supported Measure F.

Change in Piedmont Bus Service.

The public is invited to attend public hearings November 11, 2015, 2:00 p.m. and 5:00 p.m. on the changes to Piedmont’s Bus 11 and other local buses. (Read about the plan here.) Written comments on the proposed changes may also be submitted.  (see How to Comment below.)

2015 Service Expansion Plan

Notice is hereby given that the AC Transit Board of Directors will hold Public Hearings on Wednesday, November 11, 2015 at 2:00 p.m. and 5:00 p.m. at the AC Transit General Offices, Second Floor Board Room, 1600 Franklin Street, Oakland, California, to receive public comment on the 2015 Service Expansion Plan, as more specifically described in the Public Hearing Notice and Notice of Intent to Adopt a Negative Declaration and in the Draft Initial Study/Negative Declaration prepared for the Project.

How to Comment

Public Comment is invited either in writing or at the Public Hearings.  The public is urged to submit written comments by letter, facsimile, or email, which must be received no later than Monday, November 9, 2015 at 5:00 p.m., in order to be copied and provided to the Board of Directors for review.  Written comments will receive the same attention as verbal comments received at the Public Hearing.  Please address written comments to the AC Transit Board of Directors, 1600 Franklin Street, Oakland, California, 94612, by facsimile at (510) 891-7157, or by email to planning@actransit.org.  Comments may also be submitted by voicemail at (510) 891-7201.  For Spanish-language comments, call (510) 891-7291; and for Chinese-language comments, call (510) 891-7292.

Spanish and Chinese foreign language interpreters will be available at the hearings.  Upon request, a sign language interpreter or other non-English-language interpreters can be provided, if needed.  Please contact the District Secretary’s Office at (510) 891-7201 by Thursday, November 5, 2015 at 5:00 p.m., to make arrangements.  For TDD for hearing impaired, call 711, California Relay Service, and specify (510) 891-4700.

PUBLIC HEARING
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
November 11, 2015 at 2:00 p.m. and 5:00 p.m.
AC Transit General Offices
Second Floor Board Room
1600 Franklin Street
Oakland, California