– All Piedmont zones could be permitted to have multifamily housing or other use changes based on a new interpretation of Piedmont laws. –

The new interpretation of Piedmont’s Charter and Zoning law language presents a departure from  70+ years of Piedmont zoning history replaced by a controversial interpretation of the City Charter and opens the door to zoning changes without voter approval.  The Charter states: “No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof..”

The proposal to allow multifamily housing to be built in Piedmont’s commercial areas through a Conditional Use Permit is on the  City  Council’s Consent Agenda at the upcoming December 2, 2013 meeting.  Hesitantly, the Council okayed a first reading of the zoning ordinance on a 4-0 vote November 18.  Swift final approval of the zoning ordinance is being urged by staff at the December 2 meeting.  

Piedmonters appear largely unaware of staff’s controversial interpretation of the City Charter language. 

The  staff interpretation could ultimately impact all of Piedmont by permitting multifamily housing or other uses through Conditional Use Permits approved by the City Council rather than the voters. (Multifamily housing consists of  two or more housing units on a single parcel, not including a second unit.)

According to Planning Director Kate Black, adding multifamily housing in Commercial Zone D has been discussed for years. The interpretation of allowing the Council to decide on zoning changes rather than voters has only come to public attention in recent weeks.  On September 30, a Planning Commission workshop on the zoning changes was held in the Police Department Emergency Operations Center.  The meeting was not recorded or broadcast on KCOM. Details of the zoning proposal were not made readily available prior to the meeting.  Subsequently, on October 14, at the end of a 7-hour Planning Commission meeting the matter was taken up around midnight and the Commission voted to recommend approval by the City Council.

Black bases her recommended zoning changes on the General Plan Housing Element approved by the City Council in 2011 and her concern that the State of California might act against Piedmont for not implementing the approved plan required to be updated every 7 years.

Black noted that the State is interested in Piedmont’s Charter and “wants to get rid of language requiring single family housing.” Black said the State continues to ask, “Is the Charter a barrier to housing?”  She verified that recent property sales show single family housing is the highest and best use of Piedmont property and the Charter is not a barrier to housing. 

At the November 18 Council meeting, two new temporary consultants, Acting City Attorney Michelle Kenyon and Deputy City Attorney Judith Robbins voiced their opinion that changing from single family residential to multifamily residential was not a zoning /reclassification change because “residential is residential,” nor was going from commercial to mixed use a reclassification if only individual properties were allowed changes conducted under a Conditional Use Permit process.

Staff noted allowing parcel by parcel multifamily residential changes per a Conditional Use Permit process within Zone D Commercial or even single family zones did not constitute a reclassification of a zone because multifamily residential was being permitted on an individual property basis rather than by a total zone reclassification.

Black pointed to single family dwelling permitted within a zone as allowance for multifamily housing/apartments.  She said it was a way to increase housing density.  “All properties can be changed, and this applies to all uses,” according to Black.

The Planning Commission had requested different regulations,  such as setbacks and lot coverage, for the Civic Center and Grand Avenue areas. Black stated this could be done in the future without a reclassification, although the regulations would need to be approved in a future phase.  Immediate approval of the proposed zoning change, would not provide separate regulations for these two commercial areas.

Two members of the Council wanted the matter to go to voters.

During the November 18, meeting, Council members had various reactions to the proposed zoning change.  Council member Jeff Wieler felt the approach was “sliding down a slippery slope” and said,  “I think it should go to the voters, if it is changing the character of the City.” He noted zones have characteristics and citizens should be asked before changes are made.  He advocated a reserve fund for housing litigation to maintain his beloved Piedmont.  

Council member Garrett Keating likewise indicated he thought the change required a Piedmont vote under the reclassification section of the City Charter.

After questioning the staff, Council member Robert McBain deferred to staff recommendations and advice, but he wondered if people would ask, “How did this happen?”  Referring to future Council and Planning Commission review of projects, he noted people should not be concerned as the ordinance did not withdraw the processes for applications.

Mayor John Chiang accepted the staff proposal, as not making a zoning change.  Vice Mayor Margaret Fujioka was absent.

Use changes would be individually based property rights . 

Zone C is Piedmont’s multifamily zone. Under the proposal for Zone D Commercial, the multifamily zone would expand using an “individual” Conditional Use Permit.

City Administrator Geoff Grote stated that Conditional Use Permit changes in other zones permitting multifamily dwellings or commercial development, although possible would be “improbable.”  Acknowledging the State’s oversight of Piedmont’s zoning, he encouraged the Council to “fight the State on another occasion.”

Under recent laws and precedent, a Conditional Permit Permit is considered permanent running with the property and can only be revoked based on  permit violation.

Local architect John Malick urged the Council to act quickly to encourage commercial development. He had devised a survey showing how Lake Shore and Grand Avenues in Oakland and College Avenue in Berkeley had developed their streets to serve their communities. He felt combining commercial and multifamily could make projects financially feasible. 

See the following PCA article on the City Charter and voter’s rights.

http://www.piedmontcivic.org/2013/11/29/zoning-changes-what-are-piedmont-voter-rights/

– Counter to the City Charter, using a Conditional Use Permit process to add apartments rather than securing voter approval opens the door for zoning changes throughout Piedmont. –

At its meeting on Monday, November 18, the City Council will consider a proposal by the City Planning Department to make a significant zoning reclassification in the City without voter approval. 

The Piedmont City Charter, the backbone of Piedmont’s existence as a City, would be circumvented by allowing multifamily apartments in Commercial Zone D without voter approval. The zoning change by ordinance would provide a mechanism called a Conditional Use Permit (CUP) to allow the apartments.  All apartments granted a Conditional Use Permit in Zone D would be considered permanent.  The zone reclassification from Commercial to Mixed Use runs counter to the City Charter, which stipulates only voters can reclassify zones.  The Council approved General Plan and Housing Element language is relied upon by staff to preempt voter rights.

Why Piedmonters might be concerned? 

Rather than the voters deciding, the Council will have set in place an established mechanism and precedent that could allow uses in all Piedmont zones to be changed by Council amendment of the City Code. Public property, including parks and single family residential properties, could potentially be impacted by a simple code/ordinance change rather than the Charter required voter enactment.

The currently allowed uses in Zone D are commercial or single family residential. There is no property right to build multifamily apartments in the zone.   The City Charter states:

“The Council may classify and reclassify the zones established, but no existing zones shall be reduced or enlarged with respect to size or area, and no zones shall be reclassified without submitting the question to a vote at a general or special election. No zone shall be reduced or enlarged and no zones reclassified unless a majority of the voters voting upon the same shall vote in favor thereof;”  City Charter 

Recently, during hearings on constructing sports fields in Blair Park, some proponents including a council member threatened opponents of the project with low-income housing in the park if the sports complex failed. Under the CUP mechanism if established as precedent, the now restricted use of public property could be changed through the City code rather than by the voters in order to allow construction of an apartment complex in the park or on other public properties.

The same Charter bypass principle would apply to single family residential zones. By changing the zoning code and allowing apartment buildings per CUP in the residential zones, the Council would bypass the Charter and thwart voters’ right to decide.

Both the Planning Department staff and the City’s consultant expressed concern about taking the zoning change to the voters. 

The CUP process is an attempt to avoid a voter say in zoning changes knowing the addition of multiple family residential to the current single family residential requirement in the zone might not be approved by voters.

“The Charter requires a citywide vote for zoning map changes, which constrains the development of a variety of housing types, particularly high-density multi-family housing.” 

Miller further advises that, “… it is unlikely that voters would approve the rezoning of land from single-family to multi-family use.”  Barry Miller, Piedmont’s Zoning Consultant advised the City

An example of Piedmonters voting on Charter required issues is the February 2014 Election ballot measure on employee pension funding and borrowing money at currently reduced interest rates to pay down a part of the City’s pension obligation. The issue of the proposed zoning change, however, did not come up in time to be placed on the same ballot.

The staff proposal using the CUP process relies on Council approved plans rather than a Charter compliant public vote to achieve the goal of increased housing density in Piedmont, particularly for low income and affordable housing units.

Depending upon the conditions for allowing apartments in zone D commercial, Piedmont voters might not oppose a zoning change, despite the minimum density requirement of 12 dwelling units per net acre.  However, in a neighborhood such as the Civic Center already impacted with parking and traffic, apartments might be a concern.

If the City Council approves the zoning /code change, only legal action by property owners or voters could enforce the City Charter.

The zoning change scheduled as a first reading of 140 pages of alterations to Piedmont’s Chapter 17 of the City code presents a reading challenge to citizens and the Council.  To read the staff report and actual language in the ordinance go to:

http://www.ci.piedmont.ca.us/html/govern/staffreports/2013-11-18/712_1st.pdf

– The Piedmont Center for the Arts’ First Annual Juried Art Show – 

The exhibition entitled “Return to Simplicity”  includes thirty-three Bay Area artists chosen by Juror René de Guzman, Oakland Museum of California Senior Curator of Art. The exhibit will be on display November 2-December 1 at 801 Magnolia Avenue, in the Piedmont Center for the Arts.  Gallery hours are 12 noon – 3 p.m.   Fridays, Saturdays and Sundays (except closed Friday, November 29).

The Opening Reception will be held on Friday, November 1, 6:00 – 9:00 pm.  Juror René de Guzman selected an array of paintings, mixed media, collage, drawings, photographs, prints, watercolors, gouache and assembled objects from more than 600 entries. Cash prizes are awarded to the top three artists through the generosity of the Thornborrow Memorial Trust.

List of Juried Art Show Artists

Irfan Akbar

Jizell Albright – Honorable Mention

Julie Alland

Elizabeth Bennett

Mark Brown

Laurie Chase

Bill Christensen

Leslie Claxton – Honorable Mention

Arielle Coupe – Honorable Mention

Pat Hayashi

Sonja Hinrichsen – First Place

Meiru Huang

Becky Johnson – Honorable Mention

Carter Johnston

Nancy Klehr

Ruth Koch

Zin Lim

Ellen Little – Honorable Mention

Monica Lowe – Honorable Mention

Mallory Lynch – Honorable Mention

Elaine Michaud

Ralph Moon

Leslie Morgan

Janet Norris

G B Paulding

Michele Pred

Michele Ramirez

Ari Salomon – Second Place

Rita Sklar

Blayre Stiller

Denise Tarantino – Third Place

Dwight Yassany

Mitsu Yoshikawa

For more information contact the links below:

Gallery Website: www.piedmontcenterforthearts.org

Gallery Contact: info@piedmontcenterforthearts.org

#  #  #

– Hopes and ideas to shape up the landscape of long neglected Blair Park drew a number of speakers at the Piedmont Park  Commission meeting on October 2^nd. –

The Commission first heard presentations by Bob Birkeland, landscape architect of Restoration Design Group (RDG) and arborist Jim Clarke of HortScience, Inc., the two firms collaborating on a landscape design plan for Blair Park. Birkeland and Clarke outlined their initial assessments of the park’s potential, its constraints, and the condition of many of its trees.

Among their conclusions: 41 of the 54 Monterey pines bordering Moraga Ave. are in poor condition and should be removed.  Lack of irrigation in the park is the key limiting factor to existing trees and to establishing new, drought-tolerant species. (Birkeland explained that Cemetery Creek is diverted into a culvert buried 22 feet below the park’s landfill.) The coast live oaks and California bay tree should be pruned, ivy vines should be severed at the base of tree trunks, and blackberry and ivy will require repeated control.

Audience members then described their concepts for improving Blair Park and what the park means to them.   Scenic Avenue resident Morissa Sherman, who makes award-winning plum and blackberry jams from Blair Park, said she hopes the park’s fruit trees will be retained. She also described her love of watching the park’s wildlife, from red-tailed hawks to foxes.  Peggy Esposito, who has lived on Moraga Avenue for 35 years, said she chose to live there because it was near an undeveloped area and to her the park “is much more than a gateway to Piedmont.” She proposed creating a bio-swale for park irrigation. She also told the Commission the Monterey pines were planted in the early 1970’s by students working one summer for Piedmont and that the trees were not what the City had ordered but were planted anyhow.

Piedmont resident Sinan Sabuncuoglu said, “Blair Park gives us a chance for a new way of stewarding the environment – to preserve and restore the rich ecology.” He suggested “involving everyone in planning a Bay-friendly landscape” possibly with community gardens and a plan that evolves over time with amenities such as a par course, bike path, bocce ball and horseshoes.  Scenic Avenue resident and former Piedmont Mayor Al Peters noted that the park is “a major, welcoming entryway to the City” and he said the tall story poles that were erected two years ago for the sports fields proposed by Piedmont Recreation Facilities Organization, should be removed. He also commented on the live oaks on the park’s hillside that are being killed by overgrowing ivy vines and said “I want the City to properly maintain the oak forest.”

The Park Commissioners expressed their agreement with the speakers and support for maintaining the park.  Commissioner Nancy Kent said she sees the need to assess the trees on the hillside slope and would like to enhance the slope for wildlife.  Commissioner Patty Siskind said, “I think everyone wants to improve the park, and it will definitely be pursued.”  She and Commissioner Anian Tunney were  concerned about the cost and source of irrigation.  Birkeland said there are number of possibilities, such as having a water truck drive across the street from the Corporation Yard. Commissioner Mary Geong said she was glad to hear that Friends of Moraga Canyon is willing to raise funds to help pay for park improvements, as one speaker had indicated. Commission Chair John Lenahan concluded, “We need to maintain the park. We will have a different and hopefully better Blair Park.”

A proposed landscape improvement plan for Blair Park is scheduled to be presented by RDG and HortScience at the December 12, 2013 meeting of the Park Commission.

The Piedmont Police Department has produced flyers “Keeping Piedmont Safe: 10 Tips to Better Crime Prevention at Home.” Advice is offered about locks, landscaping, lighting, and alarm systems. Emphasis is placed on cooperating with neighbors to increase safety.

Video surveillance systems are recommended focused on approaches to the residence as well as interior vulnerable points. These systems can assist the Police Department in crime investigation following an incident in the neighborhood.

When no one is home, a radio, television or simulated barking dog can create the impression that occupants are present. When children are alone at home, they should not give that information to anyone at the door or on the phone.

The “Keeping Piedmont Safe: 10 Tips to Better Crime Prevention at Home” flyers are available at the Police Department.

– Flu shots can be conveniently obtained in Piedmont. –

The Sutter Visiting Nurses Association and Piedmont Appreciating Diversity Committee (PADC) will offer three flu clinics in October at the Ellen Driscoll Playhouse, 325 Highland Avenue. You can walk over with friends, family or colleagues and get everyone inoculated before flu season begins. Two clinics are offered after school and one during a professional development day when students are not in school. Dates and times are as follows:

– Public Program Presented by Piedmont League of Women Voters –

Dr. Michael Hanemann, professor of environmental and resource economics at Arizona State University and UC Berkeley, will discuss California water issues  at a Piedmont League of Women Voters event on Monday, September 23, beginning at 7 pm, at 40 Highland Ave., Piedmont.

An economist who specializes in the economics of water and the environment, Dr. Hanemann will focus on agricultural uses of water in California and problems with the current system of water pricing and allocations.  He will discuss the history of agricultural water policy in California, the issues of changing supply and demand, the impacts of climate change on water use, and proposals for keeping water supplies viable in the future.

The meeting is free and open to the public.

– Saturday, September 7 is the final Saturday –

Beginning Saturday, September 14, the Piedmont Avenue Branch Library at 80 Echo Avenue will no longer be open on weekends. Changing from a Tuesday through Saturday schedule to a Monday through Friday schedule will maximize use by the adjacent school. The same schedule change is occurring at three other branch libraries – Brookfield, Eastmont and Golden Gate. Interim Library Director Gerry Garzon promised to assess the public reaction to the new schedule in six to nine months.

Piedmont Avenue Branch Library hours beginning September 14:

Mondays  12:30 pm – 8 pm

Tuesdays through Thursdays  10 am – 5:30 pm

Fridays   noon – 5:30 pm

Closed Saturday and Sunday

Hours Until September 14:

Branch Phone (510) 597-5011

On March 2, 2004, 77.2% of Oakland voters voted in favor of Measure Q for the purpose of “maintaining and expanding neighborhood branch library services, days and hours…”  In 2009 branch library services were reduced from six to five days per week.  This month four libraries eliminate weekend access.  Oakland property owners will continue to pay the Measure Q library parcel tax through June 30, 2024.

At its Thursday, August 29, 5:30 p.m. meeting in the Council Chambers, the Public Safety Committee will discuss potential steps Piedmonters can take to make their homes more secure. The following is the draft proposal.

Securing Homes in Piedmont

In response to increases in home burglaries and other crimes, the Piedmont Police Department and the Piedmont Public Safety Committee would like to offer the following steps that residents should consider:

1. Do not hesitate to contact the Police Department when you observe suspicious activity. The Police can be reached by calling 420-3000 or 911 if the matter is urgent.

2. Get to know your neighbors so you can mutually watch out for each other’s homes especially if they see activity at your home while you are away at work or on vacation.

3. Work with your neighbors to help organize Neighborhood Watch meetings where the Police Department can discuss various measures that can be taken and respond to concerns specific to the neighborhood. The Fire Department is also available to provide information on disaster preparedness. Meetings can be arranged by contacting the Police Department Secretary at 420-3020.

4. Make sure that your home is kept locked even during the day. Locks should be in good working order with a preference for dead bolt locks and reinforced latches.

5. Do not leave first level windows open. Ladders which could allow someone to enter upstairs windows should be stored out of sight and preferably in a locked place.

6. Compile an inventory of valuable property such as laptops, televisions, smart phones, jewelry,  credit cards etc.  Store the inventory in a safe location. If possible, also mark the items with your driver’s license number to facilitate their identification by law enforcement. An etching tool is available for loan through the Police Department.

7. Secure expensive jewelry in a safe deposit box, a floor mounted safe, or an unobtrusive place within the home.

8. Trim landscaping to ensure that the exterior of the home, particularly entrances and windows, are visible from the street.

9. Consider the installation of motion activated exterior lighting particularly for front and back entrances and driveways. This provides an element of safety from tripping as well as alerting residents to the presence of unwanted visitors. (Please consider possible lighting impacts on your neighbors.)

10. Consider leaving a radio or television on when not at home.

11. Barking dogs are also a deterrent. An alternative is to purchase an alarm system that simulates the barking of a dog as people approach the house when you are out. Various products can be found by simple internet searches.

12. If you go on vacation, ask your neighbors to watch for newspapers, mail, or package deliveries on your porch. Ensure that recycling containers are taken out on schedule. Ask someone to park in your driveway and use automated timers in the living and bedroom areas to make it appear someone is there. The Police Department will also perform vacation checks on your home if requested.

13. Consider the installation of a home alarm system. These systems can sound at the home or can be monitored by an alarm company for a monthly fee. Most systems provide a warning when a door or window is opened. Others use motion detection or more advanced technologies.

Ask the alarm company for signs which you can place on or near doors and windows so that potential thieves know you have such a system. Ensure that any alarm company you are considering is licensed by the State and ask for references.

14. Consider the installation of a video surveillance system. The scope and complexity of such a system can vary depending on the type chosen, the level of coverage, the availability of electricity, internet connectivity, and other factors. Costs can range from as little as $150 per camera up to several thousand dollars. Recommended coverage would include approaches to the residence, particularly driveways, as well as at least some coverage inside the residence.

As with alarms, a State licensed supplier is recommended as well as references. Residents with such systems are encouraged (but not required) to advise the Police Department as this will help them to more effectively follow up in the event of a crime at or near your home.

While there can be no guarantee that your home will not be victimized, the above measures will make your home less attractive to criminals and are strongly encouraged.

–  Landscape plan to improve neglected park –  

Councilman Robert McBain made comments at the August 19th City Council meeting that were quoted in the POST (8/21/13) that I believe need to be addressed.  Friends of Moraga Canyon (FOMC) settled its lawsuit against the City of Piedmont by accepting $30,000 for the reimbursement of legal fees.  FOMC asked that $15,000 of the $30,000 settlement be deposited in a separate account with the City of Piedmont expressly for the purpose of retaining a landscape designer to create a plan to improve Blair Park.

$30,000 was transferred from the City’s Legal Indemnity Fund to pay this obligation.  Piedmont Recreation Facilities Organization (PRFO) established this fund as a vehicle to fulfill its written promise to cover any and all legal liabilities incurred by the City in connection with the Blair Park project. (To date, PRFO still owes the City approximately $220,000.)

FOMC raised and paid over $70,000 to cover its legal and other expenses.  The settlement directed $15,000 to FOMC’s attorneys to pay off the remaining balance still owed.  This left $15,000 in settlement funds that could have been used to repay some of its major supporters.  Instead, FOMC decided to have these funds placed in a City account expressly for the purpose of hiring a landscape designer to create a plan for the maintenance and improvement of Blair Park. Unlike all other well-cared for Piedmont parks, Blair Park has been ignored and neglected, especially during the four years of the sports field controversy, and a plan to enhance the park’s natural setting and amenities is sorely needed.

Al Peters, Former Piedmont Mayor

Editors’ Note:  The opinions expressed are those of the author and not necessarily those of the Piedmont Civic Association.