The following is the City’s press release:

In a letter to the City Council and City Administrator dated November 19th, Recreation Director Mark Delventhal announced his retirement effective December 27, 2013.

Mr. Delventhal was appointed Recrecation Director by the City Council in May of 1983 and has served for over 30 years in this position. Prior to serving as Recreation Director, Mr. Delventhal served as a Recreation Supervisor and also as a part time employee for a total of fifteen
additional years with the department.

In the letter announcing his retirement, Mr. Delventhal expressed his gratitude to current and previous members of the City Council, the City Administrator, and City staff, especially those at the Recreation Department. On the topic of his years of service in Piedmont, Mr. Delventhal wrote, “… public service in Piedmont is not a job or a duty or a profession, it is a calling, a noble and caring endeavor.”

“The City of Piedmont has benefitted tremendously from Mr. Delventhal’s years as Recreation Director,” said City Administrator Geoffrey L. Grote. “The high quality programs put on over the years by the Recreation Department are a testament to Mark’s dedication to public service and to the residents of this City.”

For further information contact City Clerk John O. Tulloch at (510) 420-3040

What is our legacy?

– 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

– All Piedmonters are invited on group bike tour –

At the City’s October 30 community workshop on walking and biking in Piedmont, interest was expressed in a bike tour of Piedmont’s conditions for bicyclists. An informal bicycle tour of Piedmont on Sunday, November 17 will give citizens a chance to evaluate several routes in our city.  The City’s consultant for the bike/pedestrian  plan, Niko Letunic, will be bicycling with the group to listen to citizen suggestions. Also bicycling with the group will be Dave Campbell, the advocacy director for the East Bay Bicycle Coalition and Tim Rood of the Piedmont CONNECT Green Transportation interest group.

On Tuesday, November 12, the Planning Commission will hold a hearing on conditions for pedestrians and cyclists in Piedmont. Citizens are encouraged to attend and express their needs and concerns about walking and biking in our City. The meeting starts at 5 p.m. in the City Hall Council Chambers (120 Vista Avenue).

Piedmont’s Pedestrian and Bicycle Master Plan (PBMP) consultant, Niko Letunic, has prepared a draft “existing conditions” paper, identifying and assessing most of Piedmont walking, public transit and bicycle routes.  The Piedmont Planning Commission will review the consultant’s work, provide direction and take additional input from the public.   Existing Conditions Draft Paper. Existing Conditions Draft Map.

Agenda item 4. PEDESTRIAN AND BICYCLE MASTER PLAN

The City’s consultant for the Pedestrian and Bicycle Master Plan (PBMB) will provide a summary of the needs assessment comments from the October 30, 2013 Community Workshop, a summary of the results to date of the on-line survey, and a report on the walk/bike audits at Piedmont schools as part of the Safe Routes to School component of the plan.  Additional comments from the public are welcome.

Take Piedmont’s online pedestrians and bicycles survey here for a chance to win a $25 gift certificate at Mulberry’s Market. 

The next phase of the PBMP will be the assessment of Piedmont’s walking and biking needs, challenges and opportunities.

The full November 12 Planning Commission agenda can be viewed here.

– Proposed changes in zoning to be considered by the City Council –

To increase low-income and affordable housing in Piedmont, apartments above businesses and smaller lot sizes have been proposed by the Planning Department.  The Planning Commission has made a recommendation to the City Council to approve changes in  Zone D Commercial and Zone A Single Family Residential.  

Uses in Zone D, the commercial zone, would change from business and single family residential to business, single family residential and multi-family apartments (Mixed Use).

The illustration provided by the planning staff in Zone D places multi-family apartment development above the Shell station at the corner of Wildwood and Grand Avenues. The ACE hardware store and nearby homes on Grand Avenue would fall into the newly reclassified zone permitting multi-family apartments above stores with a minimum density of 12 units per net acre.  The commercial properties in the Civic Center (the service station, two banks, and Mulberry’s Market) could likewise be developed with apartments above them.

– Voters or City Council authorized to make decisions on zone uses as proposed for the commercial Zone D ? –

Piedmont’s voter enacted 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;”

Former Piedmont Deputy City Attorney Linda C. Roodhouse noted:

June 7th, 2012

“I was the deputy City Attorney for Piedmont for many years and advised the planning department. I was also the City Attorney in Orinda for 11 years, until 2006. In both cities, I had a major role in the creation of new zoning codes. In Piedmont, the boundaries of a zone and the general land use within the zone are subject to voter approval. The City Council decides the specific rules and regulations within any zone, but the rules and regulations must be consistent with the charter description of authorized uses in a zone.”  Emphasis added

Barry Miller, Piedmont’s Zoning Consultant advised the City:

– Required lot size to be reduced in single family residential Zone A –

Properties in Zone A Single Family Residential could be entitled to lot size and street frontage reductions.  The proposal for the single family residential Zone A would allow lots to be reduced in size to 8,000 square feet and 60 foot street frontage from the current 10,000 square feet and 90 foot street frontage requirement.  Reductions would be determined by a lot averaging system based on lot dimensions within 500 feet of the subject property.  Historically, when appropriate, variances for lot sizes have been granted by the Planning Commission.

“Purposes: 1) to eliminate a perceived need to obtain a variance to build a single-family residence on a lot with fewer than 10,000 square feet; and 2) to remove unnecessary and archaic language” [referencing the notation of Charter requirements.] Planning staff explanation.

City Council member Keating recently wrote to PCA:

“First, changing the minimum lot size in a zone does not constitute rezoning, which would require a vote of the community. For example, Zone A is still residential although lots size requirements are being eliminated. And lot sizes are “archaic” as staff suggest – median lot size in Zone A is 6500 sq ft so most lots are below the 10,000 ft standard.”

– Environmental impacts not examined –

To implement the zoning change, the planning staff recommended and the Planning Commission approved a Negative Declaration as compliance with the California Environmental Quality Act (CEQA). The Negative Declaration relieves the City from further evaluation of any potential traffic, financial requirements, safety or other impacts of the proposed zoning changes. Although impacts can be examined, the Planning Commission did not undertake a detailed examination of potential impacts such as funding for services, infrastructure, traffic, safety, noise, etc.

 

“the proposed action to approve the amendments is exempt from CEQA because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, under CEQA Guidelines”  Kate Black, City Planner – October 14, 2013

Additional housing units such as apartments would not add to the School Support Tax base as parcels are taxed $2,406 per year regardless of the number of housing units.

The major principle of Piedmont zoning has been preservation of the single-family residential character of the City.

The Piedmont City Code states:

SEC. 17.3 ESTABLISHMENT OF ZONES
17.3.1: Purpose. It is the purpose of this Chapter to provide for specified zones and uses therein and to prescribe the character of construction within the City, in accordance with the City Charter. The zoning system of the City consists of two parts:
(a) The City Charter, which contains the zoning policy and requirements for voter approval of zone classification changes.
(b) Chapter 17 of the City Code. (Ord. No. 488 N.S., 10/87) 17.3.2: Intent, Establishment of Zones. In order to (1) maintain the City of Piedmont as primarily a single-family residential city, (2) to designate, regulate, and restrict the location and use of all buildings and land, (3) to promote the public interest, health, comfort, economy and convenience, and (4) to preserve the public peace, safety, morals, order, and the public welfare, the City of Piedmont is divided into five zones as follows…:

The matter is tentatively scheduled to be considered by the City Council in November.

Planning Staff report October 14, 2013

Planning Staff report of September 30, 2013 with ordinance language. 

Smart Phone App Rates Product Toxicity –

At a public event on breast cancer awareness, sponsored by the Piedmont League of Women Voters and Piedmont CONNECT on Monday, Oct. 28 at the Piedmont Center for the Arts, the audience learned the latest technique to find out what chemicals are in everyday products — from household cleaners to cosmetics —and how unsafe or safe they are for our health. A smart-phone app — “Think Dirty” — reads barcodes for more than 12,000 products, lists their ingredients and rates their toxicity on a scale of 1 to 10. Users can scan a product and immediately learn if it is “clean” or “dirty,” and if deemed “dirty,” find similar and safe alternatives.

Dr. Connie Engle, Science and Education Manager, and Nancy Buermeyer, Senior Policy Analyst, both from the San Francisco-based Breast Cancer Fund, discussed what everyone can do to prevent exposure to known carcinogens in our lives.   “We want to take action to prevent breast cancer,” said Dr. Engle, “not just wear pink ribbons. Through legislation, advocacy and education, we want to eliminate or reduce exposure to harmful chemicals in our environment that contribute to breast cancer.”

On a “virtual tour” through a typical household, Dr. Engle pointed out the toxics in our kitchens, living rooms, bathrooms and personal care products and recommended alternative products. In the kitchen, she said bisphenol A (BPA) is found in food can linings and polycarbonates in plastic.  Her recommendations: use only glass or ceramic containers in microwaves, never plastic; eat organic and/or locally grown foods; buy cleaning products that disclose their ingredients or make your own with baking soda, castile soap and vinegar; use stainless steel or cast iron pots.

In the living room and bedroom, flame retardant chemicals known to cause cancer are being phased out, but unfortunately, she said are being replaced by products that are equally harmful. She recommended natural materials, such as wool or cotton. For personal care products, she said there is a bill in Congress to phase out the worst ingredients, but she recommended “go simple,” use the fewest ingredients possible and avoid synthetic fragrances.  She also pointed out the potential risks of radiation from medical and dental procedures and recommended asking your doctor/dentist about the need for each test they suggest.

Nancy Buermeyer, who spends much of her time in Washington, DC and recently testified before the Senate Environment & Public Works Committee, noted that chemicals in the U.S. are either not regulated at all or are regulated by a “hodgepodge of agencies.”   While there has been a 40 percent increase in breast cancer in a generation, she said the 1976 Toxic Substance Control Act  (TSCA) has not been updated in 37 years, and 62,000 out of 84,000 chemicals are not regulated at all. There is public pressure to amend TSCA, she said, as 28 states want it amended, and large retailers, such as Walmart and Target, are taking action to list ingredients on their products and to score their safety.  Unfortunately, she said, a proposed federal law to replace TSCA, the Chemical Safety Improvement Act, is worse than the existing law.

What You Can Do  

According to both speakers:

• use your buying power (try the “Think Dirty” phone app)

• engage locally to educate others, support needed legislation, and talk to decision makers

• make sure schools do not use pesticides.

Dr. Engle concluded, “Scientific studies of health impacts of chemicals can take 30 to 50 years.  So if it looks like a carcinogen or an endocrine disrupter, it probably is a carcinogen or endocrine disrupter, and you shouldn’t use it.”

For more information, visit the www.breastcancerfund.org website.

–  Public Workshop: How to Make Walking and Biking in Piedmont Safer and Easier – 

All are invited to attend and participate in the City Workshop on the New Bicycle/Pedestrian Master Plan Wednesday, October 30 , 7-8:30 pm at the Piedmont Community Hall.  The meeting will give citizens the chance to express their concerns about pedestrian and bicycle safety. This is the “needs assessment” phase of the planning project.

The City of Piedmont Planning Commission will host a public workshop on the recently launched process to develop Piedmont’s first Pedestrian and Bicycle Master Plan (PBMP). The purpose of the workshop is to hear from members of the community about the needs and concerns of pedestrians and cyclists in Piedmont; the obstacles and challenges to walking and biking in our city; and the public’s ideas for making walking and biking in Piedmont safer and easier. The input will be used to develop and prioritize recommended improvements throughout the city.

 “This workshop is one of the most important opportunities for
members of the public to find out more about the plan, and provide comments on how we can identify existing problems and arrive at solutions to make walking and biking in Piedmont safer and more convenient. The input will be used to develop and prioritize recommended physical improvements throughout the city.”  Kate Black, City Planner

In order to hear from as many people as possible, the City has also developed an online survey on the same subject (www.surveymonkey.com/s/WalkBikePiedmont). Everyone who responds to the survey will be eligible to win one of three donated $25 gift cards for Mulberry’s Market (courtesy of the City’s consultant on the PBMP). The survey will remain open through November 16, 2013.

People are also encouraged to email any additional thoughts and comments on the needs and challenges to walking and biking in Piedmont to Kate Black, City Planner, at kblack@ci.piedmont.ca.us.

In the meantime, the City is wrapping up an “existing conditions” report for the PBMP. This background report summarizes existing local conditions and issues relevant to walking and biking in Piedmont. It covers such topics as the city’s street network, key destinations around the city, facilities for walking and biking, and collision statistics.

The report will be made available to the public for review and comment once it has been finalized. The PBMP is being funded entirely through a grant from the Alameda County Transportation Commission (CTC; www.alamedactc.org) and through the City’s existing funds for pedestrian and bicycle improvements (pass-through Measure B funds), also distributed by the Alameda CTC.

For more information about the PBMP, contact Kate Black at kblack@ci.piedmont.ca.us or at (510) 420- 3063

– 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

#  #  #

– Have a suggestion for the teacher or school support staff contracts? –

The Piedmont Unified School District will soon begin the negotiation process with represented employee groups:  Association of Piedmont Teachers (APT) representing certificated employees (teachers) and California School Employees Association (CSEA) representing classified employees in the District. Current collective bargaining agreements (CBAs) for both groups are in place through June 30, 2104.

Residents, parents, students, and interested individuals may submit ideas to the School Superintendent chubbard@piedmont.k12.ca.us  The current agreements can be viewed at:

 Teacher/Certified Employees Contract:  http://www.piedmont.k12.ca.us/forms/jobs/certificated_contract.pdf

Support staff/Classified Employees Contract: http://www.piedmont.k12.ca.us/forms/jobs/classified_contract.pdf

Suggestions mentioned by parents:

– Teachers should be required to regularly post homework assignments using a uniform format on the District website.

– Teachers should be required to make themselves available to students or parents either 30 minutes before or after school approximately three days per week.

Below is the Board of Education Staff report~~~~~~~~~~

TO: Board of Education
FROM: Constance Hubbard, Superintendent
Michael Brady, Assistant Superintendent, Business Services
Randall Booker, Assistant Superintendent, Educational Services
SUBJECT: NEGOTIATIONS PROCESS AND TIMELINE INVITATION TO PUBLIC TO PROVIDE INPUT PRIOR TO OFFICIAL START OF NEGOTIATIONS
______________________________________________________
I. SUPPORT INFORMATION
The District has Collective Bargaining Agreements (CBA) with two employee
groups. The Association of Piedmont Teachers (APT) represents certificated
employees and the California School Employees Association (CSEA) represents classified employees in the District. Current CBAs for both groups are in place through June 30, 2104 with no open articles.

The collective bargaining process includes the opportunity for the public to
comment on any issues that are covered by the CBA. The CBAs are posted on the District website at: www.piedmont.k12.ca.us . The community may send input to the Superintendent at chubbard@piedmont.k12.ca.us on any portion of either agreement.

As part of the process, the articles to be opened for discussion must be “sunshined” at a public hearing at a Regular Board meeting to provide an opportunity for public comment for the Board to consider in providing direction to the negotiating team for the District. Since all articles are open, the Board is seeking input as to which articles to include as part of the bargaining process this year. Although all articles are open for negotiation, it is customary to identify only those articles that either or both groups want to concentrate on and to identify the remaining articles as “closed.” The issues of compensation (salary and benefits) are considered automatic to be addressed in the bargaining process.

We have a tradition of using Interest Based Bargaining (IBB) for negotiations in the District. The IBB process allows all parties to keep the focus on interests and not on positions or individuals. It has allowed us to work together through these difficult economic times by keeping the interests of students in the forefront. The employees have not had an increase in the salary schedule and have agreed to limits on the District contributions toward health care, which has allowed us to maintain programs for students during the economic crisis that began in 2008-09.

The Board and employees groups are in the process of identifying the articles to be addressed for negotiations. Once identified, the articles will be sunshined and the public will have the opportunity to comment.

The community is invited to provide feedback to the Board as to issues and articles to be addressed in this year’s negotiations prior to the sunshining process.

Feedback needs to be received by November 6, 2013 for consideration by the Board in the determination of the articles to be addressed as part of the Association of Piedmont Teachers negotiations and by November 30, 2013 to be considered as part of the CSEA negotiations.

The sunshine process for APT is scheduled to begin on November 13, 2013, so that negotiations can begin in December. The public has the opportunity to comment on articles opened as part of the sunshine process.

II. RECOMMENDATION: REVIEW AND DISCUSSION (Consideration by Board of Education at October 23 meeting)