Dec 18 2012

At about 8 p.m. on Wednesday, December 12, the son of a Piedmont family went out of their house to look for his dark glasses in the family car parked in front of the house on Scenic Avenue.   Although he noticed three African-American men nearby, he “didn’t think much of it.” They were armed and soon forced him at gunpoint to lead them back into the house.  One of the men located his father reading in an upstairs bedroom and surprised him with a gun to his head. They moved very quietly through the house and found the mother in the laundry room.  The family members were forced to lie face down in the kitchen with the father’s legs tied up.  While one of the trio stood guard over the family in the kitchen, the others searched the house for valuables.  They took money, iPhones, laptops, jewelry, and a few other valuables.  Once they were gone, the family called the police at about 8:30pm.

Not knowing what had happened, an alert Piedmonter a block away, was suspicious when the three men carrying the loot ran past and jumped in a parked car.  Following them briefly, the neighbor obtained the license number of the car.  Oakland police soon found the car abandoned on Shattuck Avenue recovering some of the stolen jewelry.

REMINDER:  Be aware of activities and strangers in your surroundings at all times.

Dec 18 2012

Urges Steps to End Senseless Violence –

On Friday, 12/14, a few hours after learning about the senseless shooting rampage at Sandy Hook Elementary School in Newtown, Conn., I was prompted to take a long walk in our small town. The walk provided much-needed silence and space to reflect on the horrific tragedy that has touched so many.

On my way home, I walked past our lovely elementary school, Frank C. Havens and through an open window in the school’s auditorium I could hear the clear and truly enchanting voices of children practicing a song for their upcoming Winter Concert. I paused and listened, as the singing voices made me smile and feel hope.

Immense hope, in fact, that even in the face of random acts of unthinkable violence perpetrated against the most vulnerable in our communities: our children, that to be human is to love deeply and passionately — and we have the power to bind together and collectively upend the interests of the few who gain so much in making weapons that eviscerate the innocent http://www.usnews.com/news/blogs/washington-whispers/2012/12/14/parents-advocacy-groups-outside-white-house-today-is-the-day-for-action-on-gun-control

Denise Bostrom, Piedmont resident

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

Dec 18 2012

photo-5

. . .  switched to a more expensive portable.

balloons lined the new access ramp

balloons lined the new access ramp

Dec 13 2012

New Uniform Tax Structure of $2,406 Per Parcel Would Begin July 2013-

At its December 11 Special Meeting, the Board of Education voted unanimously to replace the District’s current tiered parcel tax with a flat uniform tax proposal for all Piedmont parcels.   If approved by a two-thirds majority of Piedmont voters in March 2013, a tax of $2,406 will be levied annually on all parcels, regardless of size or use, beginning  July 1, 2013.  This includes undeveloped parcels, parcels with multiple units, and commercial properties. The term of the new tax will be for 8 years, beginning in July 2013, with a potential 2% inflation increase by the School Board permitted each year.  The final year of the existing Measure B tiered tax would be rescinded.  The term of the tax is to be eight (8) years with the expiration date of June 30, 2021.

Mark Williams of Fagen Friedman & Fulfrost LLP, legal counsel to the Piedmont Unified School District (PUSD), explained that both the existing Measure B tax and the proposed measure should be brought into compliance with a recent court decision impacting the Alameda Unified School District. The court ruled that school parcel taxes must be levied equally on all parcels.  Taxing on the basis of tiers or “per square foot” of lot or structure would not comply with the court decision.

To generate Piedmont school parcel tax revenue of $9.5 million, the District proposed a flat rate of $2,406 per parcel for 2013-14.  This flat amount incorporates a 5% increase over current 2012-13 revenues.  The proposed measure will permit up to 2% annual increases each year thereafter by the School Board without further approval by voters.

Upon voter approval in the March election, the new parcel tax will increase $318 for smaller parcels, while decreasing up to $1,141 on the largest parcels and $2,899 on commercial parcels.  Board members noted their displeasure with making the decision to make the tax a flat rate for all sizes and uses of lots, establishing a “regressive tax,” but felt they had to comply with the court decision to avoid jeopardizing school revenue.

The appellate court decision upheld a senior exemption, following a lengthy examination of legislative history and intent which noted “the rationale for allowing that [senior] exemption is that senior citizens receive less direct benefit from schools than other citizens.”   However, the Piedmont Board did not pursue a PUSD senior exemption, asserting that most seniors already receive a significant tax break from Prop. 13.   Additionally, the Board emphasized District revenue needs and were reluctant to transfer tax burdens from some households to other households.   While a total senior exemption is legal, the PUSD counsel Mark Williams considered a partial or optional senior exemption riskier in terms of legal compliance.

Rather than delaying the vote on the tax measure until June, staff advised bringing District parcel taxation into compliance immediately, as of July 2013, by proceeding with a March ballot measure, as budget decisions must be made in the near future.

Board members received numerous emails in support of the flat tax and only a few opposed.  They noted that if there are changes in  financial circumstances or laws, the Board can reduce the level of the tax or place a new tax measure before voters.

Click here for more details on the tax in the Piedmont Patch.  Current school parcel tax rates can be found in this article.

Campaign efforts have begun on the passage of the March 5, 2013 school parcel tax measure.

Dec 11 2012
 Resident Strongly Opposes Emergency Plan to Change Tax Structure –
I request that the Board get a hold of its senses and not try to impose, on 24 hours notice, a 9 year escalating extremely regressive new flat parcel tax on Piedmont taxpayers.  The proposal on your special meeting agenda tonight should be rejected.

 It is unseemly for you to be proposing to use last Thursday’s Borikas court  decision as a pretext for pillaging the majority of Piedmont homeowners, many seniors, to the significant benefit for many fewer big landowners, by redistributing taxes even more regressively from the large owners to the small owners.  

 You have time to wait for the dust to settle.  Will Alameda petition the Supreme Court for review? Likely, yes. Will the Supreme Court accept review?  If it does the Borikas opinion is vacated.  If there is no Supreme Court review and the Borikas decision remains the law, does that affect Measure B?  No. Measure B, passed 3-1/2 years ago, is no longer at risk as your own legal counsel surely knows and has told you.  If the Borikas opinion remains the law, will school districts statewide request the legislature to amend Government Code Section 50079?  Of course they will, and the Legislature will almost certainly revise the law to allow for a much more equitable tax structure than Measure A or your newly proposed flat parcel tax.

The proposed Measure A tax increases were already too steep for many taxpayers.  The present proposal would increase even more the taxes of 2,957 parcel owners, 73% of the parcels in Piedmont.  The taxes on the 27% of the largest parcels will go down.  The 347 largest land owners’ taxes, some of whom illegally pay absolutely nothing now on their vacant parcels under Measure B, already would have sweetheart preferential taxes under Measure A, and now their taxes would be cut by a third. The 87 smallest lots, smaller than 1,000 sf will pay $2.40 or more a square foot, while the 347 largest lots of 15,000 sf or more will pay sixteen cents per square foot or less. 

The terribly regressive nature of the tax being proposed is astounding. It was bad enough that under proposed Measure A the 2000 sf lot paid 23 times per sf more than the 80,000 per sf.  Under your current proposal the 2000 sf lot will pay 40 times per sf more. Under  Measure A a 5,000 sf lot would pay 2.4 times per sf as the 20,000 lot, but now, under your new proposal, it would be 4 times.

And you are proposing that this be the tax for the next 9 years, with escalators and  with no senior exemption.  This is unconscionable. If you are in such a rush, why don’t you propose a fairer tax, such as a single tax rate imposed uniformly per square foot of parcel, instead of the severely regressive tax you have sprung up over night for Piedmont voters?  The simple fact is that there is no emergency to justify this tax monstrosity you are proposing to let loose on our community. You appear to be taking unfair and unnecessary advantage of a decision your lawyers must have know was coming and, presumably informed you of for the past several months.

There is no emergency except to take currently proposed Measure A off the ballot. 

There is plenty of time for the Piedmont School district to go to the legislature, as surely many school districts across the state will do, to modify the legislation in question.  Government Code Section 50079 was passed by the legislature and can be amended by the legislature, and the amendment can be made in plenty of time for Piedmont to craft a new tax that is consistent with amended legislation.  A new tax can go on the June or  November 2013 ballots or on the spring ballot in 2014.

Government Code Section 50079 presently does not permit, as Borikas has ruled, a different school tax rate for improved, unimproved, residential and commercial properties.  However, community college districts, as the Borikas court discussed, may tax improved and unimproved properties at different uniform rates. Also, other school districts tax these four different properties at different uniform rates, so Piedmont may join with other districts to request the Legislature to allow different uniform rates on such properties.  Why would the legislature not respond positively?

A senior exemption is legal (Borikas approved Alameda’s), has been adopted by nearly every comparable school district except Piedmont.  Piedmont needs one.  Why would Piedmont rush forward with this ill-conceived new tax with practically no realistic or fair opportunity for public input, severely and unnecessarily impacting a tax tired community with a continuation of Piedmont’s one of a kind penalty on seniors? 

Thomas D. Clark, Piedmont Resident

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


Dec 10 2012

Court Decision Spurs Change in School Tax Measure –

The Piedmont Unified School District Board is holding a Special Meeting on Tuesday, December 11,  to consider amending both its current and proposed School Parcel Tax measures to the uniform rate of $2,406 for all parcels in the city of Piedmont to comply with a recent court decision.

The Open Session portion of the agenda at 7:00 p.m. will consider the agenda item:

A. Approve Resolution 10-2012-13 “Modification and Amendment to Qualified Special Tax and Establishing Specifications of the Election”

A decision by the Court of Appeals governing Alameda County in the case Borikas v. Alameda Unified School District, was issued on Friday (12/7/2012) afternoon. The Court’s decision requires the Board to consider a change to the Piedmont Unified School District’s (PUSD) proposed school support tax measure, scheduled to appear on the March 5, 2013 special election ballot.

The proposed modification of the tax structure to a flat rate of $2,406 per parcel is a change from the current tiered method based on lot sizes and taxes all parcels at the same rate of  $2,406.  The result reduces the tax for larger parcels and increases the tax for smaller parcels.

The measure would also replace Measure B with the flat $2,406 per parcel rate starting in 2013, increasing taxation for smaller parcels by approximately $400 a year and reducing the tax on largest parcels by approximately $1,000.

The Special Board meeting will be held in the Council Chambers, City Hall at 120 Vista Avenue, Piedmont, at 7:00 p.m.  The meeting is open to the public. A closed session will precede the open meeting to confer with legal counsel Mark Williams, Fagen Friedman & Fulfrost LLP on anticipated litigation  (Based on significant exposure to litigation pursuant to subdivision (b) on Government Code Section 54956.9: 1 case).

See the Board Agenda | Packet.  

The California First Appellate District Court decision in Borikas vs Alameda Unified School District stated:

“…Measure H’s [ Alameda Unified School District ballot measure] property classifications and differential tax burdens exceed the District’s taxing authority under section 50079…Measure H’s exemptions for senior and disabled taxpayers are permissible under the statute.”

“School districts did not …seek language that would allow for the classification and differential tax treatment of parcels by size or use.”  (Footnote 24 in the opinion.)

“The trial court is directed to enter judgment declaring the special tax imposed by Measure H invalid to the extent it imposes a tax other than $120 per parcel, unless the parcel is exempt from the special tax under the provisions of the measure, in which case, no tax may be imposed.”

Email comments to members of the Piedmont Board of Education:


Dec 7 2012

Reusable Bag Ordinance goes  into effect January 1 –

Announcement by StopWaste 

OAKLAND, December 4, 2012 – When the Alameda County Waste Management Authority’s Reusable Bag Ordinance goes into effect January 1, 2013, grocery stores and many other retailers selling packaged foods and/or alcohol will be required to stop distribution of single-use bags at checkout. Recycled content paper or reusable bags may be provided if the retailer charges a minimum price of 10 cents per bag. To avoid the bag charge, customers will be encouraged to bring their own bag when shopping.

Adopted by the Alameda County Waste Management Authority in January of 2012, the Reusable Bag Ordinance will further the agency’s long-term waste reduction goals by helping to decrease the number of bags going to landfill. Plastic bags take hundreds of years to break down, causing a cumulative litter problem. The ordinance will also save cities money on litter and storm drain cleanup, which costs Alameda County jurisdictions approximately $24 million every year.

With the Reusable Bag Ordinance, Alameda County jurisdictions join the 51 other cities and counties in California – including San Mateo, San Francisco, San Jose and Los Angeles– working to decrease the number of single-use bags. All 14 cities and unincorporated Alameda County agreed to participate in the ordinance, increasing the number of jurisdictions with bag ordinances statewide by nearly 30 percent. “Plastic bags harm marine life, are difficult to recycle and are one of the most common litter items found in our creeks, storm drains and streets,” said Gary Wolff, P.E., Ph.D., Executive Director of StopWaste.Org. “By limiting the distribution of single-use bags and urging people to bring reusable bags, we expect to see far fewer plastic bags littering our cities in future years. One reusable bag can replace as many as 600 single-use bags over its lifetime.”

The Reusable Bag Ordinance affects most grocery stores, minimarts, convenience stores, pharmacies and other retailers that sell packaged foods, as well as stores that sell alcohol, in Alameda County. Stores are still permitted to provide free plastic bags to protect and transport produce, bulk food or meat from within a store to the checkout or cash register. Restaurants and take-out food establishments are exempt from the ordinance. WIC and food stamp customers are not subject to the bag charge.

In preparation for the ordinance going into effect January 1, the Alameda County Waste Management Authority has been providing stores with resources and educational materials on the ordinance and conducting countywide outreach to help consumers and retailers prepare for the changes.

Here are tips shoppers can use to remember their reusable bags:

  • Hang a few reusable bags on the coat rack or near the front door
  • Keep a few reusable bags in your car
  • Keep a reusable bag at your office or place of work
  • Keep compact reusable bags in your purse, backpack or pocket

More information is available at ReusableBagsAC.org.

Dec 7 2012

The Piedmont Unified School District Citizens’ Advisory Committee (CAC) will meet to consider Parcel Tax Program for Measures B & E (Election of June 2, 2009) in the District Administration Office at 760 Magnolia Avenue, from 4:30 p.m. to 6:00 p.m. on Tuesday, December 11, 2012.  The meeting is open to the public.

AGENDA
A.   Call to Order  – Chair Ken Jensen
B.   Establish Quorum (at least 4 members) – Chair
C.   Introduction / Welcome  – Chair / All
D.   Approval of Minutes of Meeting of 10/11/2012  – Chair/ All
E.   Review Budget & Implications of Prop 30 – Superintendent Constance Hubbard
F.   Update on School Support Tax (if required) – Superintendent Constance Hubbard
G.   Participation on School Support Tax Subcommittee – Superintendent Constance Hubbard / Chair
H.   Discussion of 2013 CAC Report Content and Schedule  – Chair / All
I.    Schedule Future Meetings – Chair / All
J.   Adjournment  – Chair

 Draft Minutes for meeting of 10/11/2012 (to be handed out at meeting)

For additional information contact : Sandy Spiker Administrative Assistant to the Superintendent Piedmont Unified School District at <sspiker@piedmont.k12.ca.us> or 510-594-2614.

 

Dec 7 2012

On Saturday, December 1, library users celebrated the opening of the Piedmont Avenue Branch Library in temporary quarters at 80 Echo Ave, behind the Piedmont Avenue Elementary School.

The modular unit belonging to the school was painted in a color scheme of white and green, which was carried throughout the new wall-to-wall carpeting, seating, librarian desk, and bookshelves.  Air conditioning, a shared male/female restroom and the acoustical tile ceiling with integrated lighting are also new attributes for the library.

(Read More about the move of the Piedmont Avenue Branch Library.)

Balloons line the new access ramp

Low bookshelves predominate
New chain link fence