Nov 10 2022

Where? When?

A wealthy suburb with a history of racial discrimination is forced, by law, to designate sites for low-income housing. A group of residents organizes and tells the City Council “not near us!” The Council relents and designates a former landfill in a canyon accessible only by a high-speed thoroughfare previously identified by city staff as dangerous for drivers and pedestrians. No one seems to care.

Ralph Catalano, Piedmont Resident

Editors’ Note: Opinions expressed are those of the author.
Nov 6 2022

” … and no zones shall be reclassified without submitting the question to a vote at a general or special election.”  Section 9.02 of the Piedmont City Charter

The City’s refusal to submit new proposed reclassified City zones to a vote by the citizens rests on the meaning of the word “reclassified” in the City Charter.   A newly released undated, unsigned legal opinion relies on a 2017 definition of  “reclassification” inserted in the City Code, but not submitted to the voters as an amendment to the City Charter. 

History shows Piedmont citizens have been urged to vote approval of  “reclassifications” of City zones at general or special elections in recent decades, yet the newly released legal opinion ignores these votes.

The City’s legal conclusions are inconsistent with the City Charter, City practices, and ballot measure history of asking Piedmont voters to approve zoning changes and Conditional Use Permit processes.

(Read the City’s legal opinion here)

Nov 1 2022

Undiscovered by Piedmont Planners and Consultants, the deadline for State approval of the Piedmont Housing Element (HE) is NOT the previously relied upon May 2023 date.  The required State and City approval date is January 31, 2023.  This recently recognized date has required great urgency to promptly submit an HE plan to the Housing and Community Development Department for their prompt consideration and comments.  The new HE is not available at the time of this publication.

Following the November 8th City Council Election, on November 15th the City Council will move ahead to authorize the revised Housing Element and submit it to the State.  The time of the meeting was not provided nor the staff report.

The Piedmont Planning and Building Department has scheduled an informational, in person, November 9, Open House the day after the City Council Election to inform the public of the revised Housing Element.  This is NOT an occasion to gather public input for the City Council.  Broadcasting for home viewing access has not been announced.

Since August 1, 2022, Piedmonters have waited to receive information on the numerous changes and answers to questions regarding the proposed Piedmont Housing Element (HE) prior to consideration by the City Council and the subsequent HE submittal to the California Housing and Community Development Department.

Changes to the prior HE proposal have been kept well away from the public and the Planning Commission.  The newly proposed HE was not found on the city website.  An exception to public direct mail was an election influencing all city mailer along with various fliers found on the City’s heavily touted website piedmontishome@piedmont.ca.gov. 

At the November 15, 2022 City Council special meeting  the City staff, Planning Consultant and City Administrator will seek City Council authorization to submit the City’s Draft Housing Element to the California Department of Housing & Community Development (HCD) for review.

The Planning & Building Department will host an informational open house on Wednesday, November 9th where community members can learn about proposed updates to the Draft Housing Element as well as timelines for submittal, certification, and implementation process.  This event is not noticed as an occasion to take public input on the proposed changes to the HE.

On August 1st, 2022, the Piedmont City Council directed staff to analyze the viability of potential changes to the Draft Housing Element, including:

• Increased reliance on Accessory Dwelling Units (ADUs) to meet State-mandated housing production targets
• Relocation of affordable units in the sites inventory from the Civic Center area to the mixed-use zone on Grand Avenue
• Expansion of the Moraga Canyon Specific Plan area to include all City-owned property along Moraga Avenue

Staff and consultants have completed the analysis directed by the City Council and will be
presenting a revised sites inventory that reflects the results of that analysis to the City Council.

The official State deadline for cities to adopt a compliant Housing Element is January 31, 2023.  Once the City submits a Draft Housing Element for review, HCD has up to 90 days to return comments with requested revisions. Working actively to minimize any potential period of non-compliance, Planning & Building staff are in regular communication with HCD reviewers. “The City is optimistic that once submitted, Piedmont’s Draft Housing Element will move through the review process swiftly.”  Piedmont Press Release.

“Informational Open House November 9
In person community members can learn more about the proposed updates to the Draft Housing Element
and next steps at an upcoming informational open house:
Wednesday, November 9, 5-6:30pm
Piedmont Community Hall in Main Park
711 Highland Avenue”

No new information was released with the announcement.  The open house is NOT scheduled to be an opportunity to take public input on the revised HE.  Given the location in the Community Hall and general format of the meeting, it is unlikely that home viewers can participate in the Informational Open House.

At the event, Planning & Building staff will share their information and answer questions about:

• proposed changes to the Draft Housing Element sites inventory
• timelines for Housing Element adoption and implementation
• what to expect over the next three years, as the City implements the policies and programs outlined in the revised Draft Housing Element.

 Only if the City meets the deadline approval of January 31, 2023 will there be 3 years for implementation, otherwise the City would have under a year for implementation.  Implementation of HE proposals will require zoning changes and trigger the voter approval per the City Charter according to numerous informed readers of the Charter.  Voter approval of zoning changes has been denied by City officials, who attempt to convince voters they have no right to vote on proposed zoning changes, including turning parkland and all single-family zoning into multi-family high density housing units.

The open house will also provide information about consequences for non-compliance with State deadlines and how they impact Piedmont, including the process known as the “builder’s remedy,” which limits a city’s ability to deny applications for new development while its Housing Element is out of compliance.

For more information about the Housing Element update process, community members can visitPiedmontIsHome.org, the City’s online hub for housing policy issues in Piedmont.

Staff are continually updating the site as part of the City’s ongoing effort to make the Housing Element update process more accessible.  The newly revised HE proposal was not provided with the City Press Release. Interested individuals are directed toward the city website piedmontishome@piedmont.ca.gov. 

Comments about the Housing Element can be emailed to piedmontishome@piedmont.ca.gov. 

To send comments to the City Council as a whole, please email citycouncil@piedmont.ca.gov.  or send via U.S. Mail at the following address:

City Council
City of Piedmont
120 Vista Avenue Piedmont, CA 94611

READ the City Press Release below:

2022-10-31 Housing Element Special Council Meeting and Informational Open House

Oct 31 2022

If you have not already voted in the November 8th City Council election, here are some of the pressing issues, in random, not priority order, the new City Council majority will be addressing:

  • Adding 587 new dwelling units in Piedmont
  • Following the Piedmont City Charter on voters rights, zoning, budgets, loans, administrative authority
  • Hiring a new City Administrator
  • Completing the Aquatic Center on time and within budget
  • Providing transparent open and available processes by the Council, Committees, and Commissions
  • Adherence to the California Brown Act, sunshine law
  • Encouraging diversity, inclusion and opportunity
  • Protecting Piedmont’s historic architecture and character
  • Supporting Piedmont’s urban forest and sustainability
  • Improving street and sidewalk conditions for vehicles and pedestrians
  • Evaluating utility undergrounding for all of Piedmont
  • Improving Police and Fire Department facilities
  • Providing safety and protection for Piedmonters
  • Controlling costs

READ the candidate’s official statements beside their photographs.

Six candidates are seeking election to three seats on the Piedmont City Council. Voters can vote for up to three of the candidates. The election is on Tuesday, November 8, 2022. The candidates are shown below in alphabetical order with their ballot statements copied beside their photographs.

Betsy Andersen

Betsy Smegal Andersen

City Council Member

My education and qualifications are: My priorities on the Piedmont City Council have been community health and safety, financial stability, and strong city-school relations. During my time on Council, we have renovated Hampton Park and the Corey Reich Tennis Center, invested $3.75M for future pension needs, facilitated in-town COVID-19 testing, allocated funds to modernize police and fire dispatch, and maintained a balanced budget. Currently, we are rebuilding the city-owned Piedmont Community Pool, thanks to voter-approved Measure UU. As a lifelong resident, I appreciate the challenges and opportunities as we develop strategies to meet our climate action goals, address the state housing crisis, and replace aging infrastructure. Prior to serving on Council, I volunteered on the Public Safety Committee to promote emergency preparedness and chaired the Recreation Commission with a focus on improving recreational facilities and opportunities for all ages. I attended Piedmont public schools, majored in Public Policy at Duke, earned my law degree from UCLA, and practiced law for nearly two decades. My husband, Robert, and I raised our daughters here, Jane (PHS ’18) and Ellie (PHS ’21). If re-elected, I will continue to listen thoughtfully to all voices as we work together to strengthen the community we call home

Sonny Bostrom-Flemming

 

Nancy “Sunny” Bostrom-Fleming

My education and qualifications are: Once upon a time there was a chubby little rich boy who lived in a mansion. He was driven in a limousine to school where he faced name calling, shoving, pinching. His mother sang, taught him piano & knitted him sweaters. He earned two doctorates. One music, one in theology, trained as a Presbyterian minister, married, had two children, four grandchildren, & millions of stepchildren. You might be one of them. His name was Fred Rogers and he lives in your heart. He never forgot the pain he experienced when he was helpless as we all have been or will be. His sweater is at the Smithsonian. My name is Sunny. I ran before. I promoted cameras at Piedmont’s entrances that keep your family & pets safer. My father taught me to swim when I was six months old. When I went to Katrina to help I realized that African-Americans are at a great & deadly disadvantage as far as swimming education is concerned. We can start a program to promote water safety for all children in America, saving thousands of lives. The issues before us are among the most important in our histor

Jennifer Long

Jennifer Long

Appointed City Council Member

My education and qualifications are: I am running for City Council to serve our beautiful community and maintain its greatness as it grows and evolves. With an impending pool build, critical infrastructure repair (and or replacement) and housing development, Piedmont is poised to be a city with the future in mind. In these unprecedented times, our city needs leaders who understand the interests of our citizens to maintain its excellent schools and outstanding public services such as the police and fire department. My perspective as a current member of the council and my direct engagement with the Piedmont community allow me to get to the essence of what is needed to create and maintain a safe, inclusive, and fiscally-sound community. My experience as a current city council member, attorney and life coach provide me with a solid foundation to tackle the matters that lie ahead for Piedmont. Through my work in various community organizations and with my connections to a variety of community members from sports teams to schools, I have a deep understanding of what makes Piedmont the outstanding community we all love and how to make it evolve into a city we will continue to be proud of in the future.

Bridget Harris

Bridget McInerney Harris

Estate Planning Attorney

My  education and qualifications are: I seek election to the City Council to serve the community with a strong commitment to public safety, fiscal discipline, realistic growth and common sense. I believe we can improve our community’s engagement regarding the increased housing requirement imposed by California by introducing more public forums and clear accessible diagrams of what is being discussed and debated. Importantly, I would advocate that all residents should vote before any park or city land is used for multi-family units within the city of Piedmont. Another top priority is public safety with additional support for the police and fire departments; improving both facilities and funding. I would be honored to put my knowledge, work ethic, and love for Piedmont to work as your City Council member. I earned my B.S. from the School of Foreign Service, Georgetown University, my JD from Gonzaga University, and my Taxation LLM from Georgetown University. I have practiced tax law locally for more than 40 years. We have resided in Piedmont since 1986, raising our four children here. I serve on the Executive Boards of the Piedmont Boy Scouts and Order of Malta Clinic in Oakland, a provider of free medical care to uninsured patients in our community.

Tom Ramsey

Tom Ramsey

Architect

My education and qualifications are: Piedmont’s a great town. 25 years ago, my family moved here for the public schools, and now that our daughters graduated PHS, we stayed for the friendships, location, and services delivered by the city. I value safe neighborhoods, and I expect fiscal responsibility. Our town does have work to do. We have a pool to build as construction costs increase. We have public facilities with deferred maintenance issues. We have the difficult task of navigating the state mandates for housing density in a small town already built out and full of beautiful historic homes and civic buildings. I’m an architect, a problem solver and for over 30 years I’ve been building and leading diverse teams around the Bay Area. I’ll leverage my professional experience and my seven years on the planning commission to continue to accommodate growth while preserving Piedmont’s physical character. I’ve served on committees: Seismic Advisory, Design Guidelines, Measure A1 and I’ve worked with Piedmont’s youth through Scouting’s Community Service Crew for over a decade. I’m confident that when our town is fully engaged and works together, we can successfully resolve the issues in front of us; that’s what makes Piedmont a great town. vote4tomramsey.com

Jeanne Solnordal

Jeanne Solnordal

Broker

My education and qualifications are: I am running for the City Council to bring a much-needed perspective and balance to our beautiful city. Many voices are underrepresented, especially those residents who oppose the plan to add 587 units of affordable housing to Piedmont at a cost of around $850,000 per unit. I am well-educated, having earned a Juris Doctorate degree in 1994 after working for the IRS for 18 years. In 1994 I obtained a Broker’s license and established a property management company which I still run. My legal (landlord/tenant) and tax accounting experience will be very helpful to Piedmont going forward. I will work to prioritize the city’s needs and will be fiscally responsible with your hard earned taxpayer dollars. My family has lived in Piedmont since 2002 and our children attended Piedmont schools. I served as a Girl Scout leader, President of Millennium Parents Club, a school volunteer, and assisted in organizing the Spring Flings and Harvest Festival. Currently, I am serving on the Public Safety Committee. Piedmont is a unique and desirable place to live. Let’s keep it that way.

Oct 17 2022

Joint Recreation Commission and Park Commission Agenda
Wednesday, October 19, 2022     7:30 p.m.

Consideration of a Recommendation to City Council on the Use of Proposition 68 Per Capita Grant Funding for Upgrades to the Piedmont Middle School Sport Courts, including Pickleball Court Improvements and Replacement of a Pedestrian Foot Bridge in Piedmont Park near Bushy Dell Creek – 

RECOMMENDATION:

Recommend that the City Council revise the Proposition 68 Per Capita Grant Funding to include two projects: upgrades to the Piedmont Middle School (PMS) Sports Courts including Pickleball Court Improvements and replacement of a pedestrian foot bridge in Piedmont Park near Bushy Dell Creek

BACKGROUND:

On October 20, 2021, the Recreation and Park Commissions held a special virtual meeting to review the Prop. 68 Per Capita project proposal to create a new outdoor space in Piedmont Park. There was a robust discussion among Commissioners and the Joint Commissions voted 10-2 in favor of recommending the project to City Council.

Following the Commissions’ recommendation, the City Council on December 6, 2021 approved designation of the City’s share of Proposition 68 Per Capita grant funding for an outdoor Recreation Department preschool and public space near the Community Hall. Staff proceeded to finalize project costs for the grant application and worked with Coastland Engineers to develop plans and a cost estimate for the approved project. After careful evaluation of several options which included cost savings alternatives, the engineer’s estimate exceeded the grant amount by approximately $200k. With a project that substantially exceeded the grant funds, staff considered alternate projects that would be appropriate for this grant.

DISCUSSION:

The grant funds must be used as capital outlay for recreational purposes and grant recipients are encouraged to utilize the award to rehabilitate existing infrastructure and address deficiencies in neighborhoods lacking access to the outdoors. As part of the grant resolution for the acceptance of the State funds, the City is encouraged to take actions that promote diversity and inclusions in their parks.

Piedmont’s total combined grant allocation is $184,932. Because Piedmont does not qualify as a disadvantage community, the grant requires the City to contribute matching funds of $46, 233 which is 25% of the grant award resulting in a total project budget of $231, 165.

In reconsidering project designation for the grant, the Recreation and Public Works Departments reviewed projects that were shovel ready and would improve existing recreational and park facilities as well as serve multiple recreational users and park visitors.

Two projects are proposed for the grant funds:

Project 1: Additional upgrades to the Piedmont Middle School (PMS) Sport Courts including new plexipave acrylic athletic court surfacing over the existing asphalt surface, striping for pickleball, volleyball, street hockey, and badminton, new basketball back boards and padding, portable volleyball net system and a water bottle filling station.

Beginning in 2018, the Recreation Commission’s Subcommittee on Tennis Court Use and Pickleball reviewed the management of the City’s tennis facilities and programming as well as the growing interest in pickleball in Piedmont.

The subcommittee recognized the need for careful and specific planning to introduce a new recreational activity into a community with severe recreational space constraints. They performed diligent work over the course of seven months and arrived at a number of recommendations that were presented to and adopted by the Recreation Commission on January 16,2019 and City Council on March 4, 2019. Their primary recommendation for pickleball was to explore a partnership with PUSD to renovate the Physical Education (PE) hardcourt surfaces at PMS to create a first class pickleball facility with a tennis quality surface lined and painted, for use by school and public. The courts would allow for multiple uses including badminton and basketball, in addition to pickleball that could be open to the community during non-school hours.

The Capital Improvement Projects Committee (CIP) also recommended the PMS Sport Courts as one of their top three priority projects for consideration in their 2019 report delivered to Council at the May 11, 2019 City Budget Workshop. On June 3, 2019, the City Council approved a reimbursement and a use agreement with PUSD regarding Piedmont Middle School Sport Court renovations and Council approved an appropriation in the 2018-2019 fiscal year of $50,000 from the unallocated balance of the General Fund towards the removal of existing asphalt, grading and installation of new asphalt as well as installation of new net posts and nets on the three existing PMS Sport Court surfaces. Funding at the time was not adequate to include the desired “tennis quality surface” that was requested and recommended for courts of this type.

The project also included restriping the existing PE lines and the addition of striping for six regulation sized pickleball courts to be used with portable nets. Since the PMS Sport Courts were renovated and hours established for pickleball play at Hampton, Beach and PMS, the popularity and growth of pickleball in Piedmont (and nationally) has skyrocketed. Across the three sites where pickleball is played in Piedmont, approximately 1200 players use Piedmont courts each month (some playing for the first time and others playing multiple times per week).

While the interest in pickleball has expanded to all age groups, it is by far the largest older adult/senior activity offered in Piedmont. The PMS Sport Courts have provided for a highly used space for pickleball in Piedmont hosting about 700 players each month. The 6 courts also allow the pickleball group to offer tournament play twice per month, frequent clinics and a monthly community potluck. On Saturdays and Sundays, you will typically see 24 people playing and 24-32 players waiting to play.

Due to demand, PRD has recently added evening play at the PMS courts which has been well received with 3-4 courts always full. The PMS Sport Courts will continue to accommodate school Physical Education classes and activities and allow the Recreation Department to offer after school drop-in and structured programs for a variety of sports.

The loss of the Rec Basketball Courts due to the Community Pool project and requests to provide informal volleyball play near the schools will both be accommodated at the PMS Sport Courts. The improved striping and tennis court surface will provide users with a consistent surface, grip and traction while playing. The improvements funded by the grant would be managed entirely by PUSD, with the City reimbursing PUSD up to $100,000 for expenses related to resurfacing, striping, basketball backboards with padding, portable volleyball net system and a water bottle filling station. PUSD will absorb the cost of construction management and long-term maintenance.

Project 2: Replacement of a pedestrian foot bridge in Piedmont Park near Bushy Dell Creek Within Piedmont Park, a small creek tributary crosses one of the main paths near where Bushy Dell Creek enters the culvert adjacent to PUSD softball field.

A wood pedestrian bridge, estimated to be over 20 years old spans the tributary. This bridge was first identified as being deficient in 2015 and a funding source has yet to be identified. The wood decking was temporarily patched with plywood as the decking was in need of repair and in 2019, Public Works contacted several contractors and explored options for replacing the bridge. Due to the location and access, it was determined that the bridge could not be prefabricated and craned into place, but the replacement would involve a custom design to fit the site conditions.

Early discussions on bridge replacement were halted during the Covid-19 pandemic. In 2022, Public Works staff has worked with Pacific General Engineering to prepare preliminary designs and a cost estimate to replace the bridge, install new abutments and include handrails that comply with current building code. The proposed bridge will utilize steel beams and wood components for the decking and the handrail. Final design and an engineer’s estimate will be prepared by the city engineer. The new bridge installation will require adjustments to the existing path and limited landscape repair adjacent to the new structure. The grant will be used to cover the fabrication and installation of the bridge and the repair and upgrades to the landscape and path adjacent to the bridge. Grant, funding for the bridge and associated landscape improvements will be approximately $150k and will expend the remainder of the grant.

READ THE FULL REPORT AND AGENDA DETAILS FOR PARTICIPATION LINKED BELOW:

10-19-22 Joint Recreation and Park Commission Meeting

Oct 16 2022

City Council to Consider Pool Bid Rejection October 17

The project team recommends rejecting the current bids for construction of the new Aquatic Complex at the October 17 meeting because all of the bids came in over the combined total of the bond allocation plus other available funds.  The lowest bid is $24.6 million.  Measure UU, approved by Piedmont voters in November 2020, authorized the sale of $19.5 million in general obligation bonds.

Numerous Piedmonters and professionals in the design and construction field, have questioned the likelihood of the Aquatic Center projected costs meeting the available funds.  Supply chain issues and labor shortages have contributed to the rise in cost of construction at this time,

Between July 2020 and July 2022, the California Construction Cost Index increased by 30%, making this a difficult time to undertake a significant construction project such as Piedmont’s proposed Aquatic Complex.

Read more:

https://piedmont.ca.gov/common/pages/DisplayFile.aspx?itemId=19022654

https://piedmont.ca.gov/cms/one.aspx?portalId=13659823&pageId=19026121

READ AGENDA HERE.

Oct 16 2022

The City Council meeting of October 3, 2022 was cancelled because the City Administrator had a family emergency.  Now, the previously announced October 17, 2022 City Council consideration of the Housing Element is not on the Council agenda for the meeting.

The Housing Element adding 587 new dwelling units in Piedmont is one of the most pressing issues facing Piedmont’s future as a city, but has apparently, though unannounced, hit another snag.

Many Piedmonters had not realized the importance of the issue until recently. It appears both the Piedmont Planning Department and the City’s planning consultants misunderstood the State’s Housing Element deadline.   Piedmont and its costly consultants failed to realize January 2023 may be the deadline rather than May 2023 for submittal of the Housing Element to the California Department of Housing and Community Development for consideration.

Upon hearing from the public, the City Council required the Administration and Planning staff, along with the $1M consultant to answer a number of questions prior to further consideration of the Housing Element.  Information was to be presented and considered at the Council meeting on October 17.  There  has been no announcement or information on when the Housing Element will be publicly considered.

October 17, 2022  AGENDA HERE.

 

Oct 11 2022

Candidates Who Tick All the Boxes

We live in a town with a wealth of talent and we are very lucky to have people who want to step up and volunteer for important civic positions. The work is hard. These volunteers have to listen respectfully to myriad opinions, work in partnership with many different stakeholders, pay careful attention to the regulatory landscape, and, ultimately, think holistically to make a lot of decisions that range from routine to especially thorny

I’ve done a lot of hiring in my career and there are four criteria I look for to make a successful hire: relevant work experience, capacity to learn, ability to be collegial and collaborative, and no bullies or creeps (see the Robert Sutton book for the more colorful reference). I use this same list when I vote. For me, the candidates who score highest in all my criteria are: Betsy Andersen, Jennifer Long, and Tom Ramsay for city council; and Ruchi Medhekar and Lindsay Thomasson for school board.

My husband and I have been in Piedmont for almost 25 years and I’m about to end my tenure on the school board after nine years. I know these candidates because I’ve worked with them or have watched them at work. To a person, they are smart, insightful, measured, respectful, and collaborative. They have significant skills from their professional and volunteer work that will serve us. They are thoughtful servant leaders who will ask good questions and will seek to find the best solutions given the many competing interests/viewpoints and the complex regulatory landscape.

These candidates are who I would like to see lead us in the next four years, who will honor the work and responsibility and will be respectful of the offices and staff who support these roles. I hope you will join me in voting for them.

Respectfully,

Amal Smith

Editors’ Note: Opinions expressed are those of the author.
Oct 5 2022

Utilizing factual information and critical thinking to discuss issues allows voters to make informed decisions. Voters need to be heard and provide input on an issue that will forever change the community.

The Housing Element, while necessary, must be done with community input, excellent planning and leadership.  In the California Department of Housing and Community Development Department(HCD) “building block” of the Housing Element is “Public Participation.”

Below is an excerpt from the California Department of Housing and Community Department.

“Housing issues affect the entire community – residents, employers, and the
public and private sectors. The public participation requirement of housing
element law presents an opportunity to engage constituents in a dialogue 
defining problems and creating solutions.” Housing Element Building Blocks

Had there been better and early communication and outreach to the community, we would not be in this predicament of many citizens confused about zoning, density bonuses, and the Housing Element. Dismissing the community’s opinion without a vote is not the democracy I would like to see in this community or anywhere.

There may be a cost for a special election, yet the contribution to ensuring inclusivity by each voter in this community cannot be undervalued. As HCD recommends the following:

“While the housing element must address specific statutory requirements, it is ultimately a local plan and should reflect the vision and priorities of the community.”

We might miss the “looming” deadline. Yet, we will have done the right thing to identify the correct sites with thoughtful, measured decisions that are in keeping with the long-term strategic planning of the city along with maintaining the charm and beauty.

Saving money and time should never be a reason to remove the right and privilege to vote.

Cori Recht, Piedmont Resident

Editors’ Note: Opinions expressed are those of the author.
Oct 2 2022

Why does the City not want a new City Council to consider the Housing Element?

The City is planning to have the proposed Housing Element approved prior to the November 8, 2022 Election and has agendized consideration of the Housing Element for the October 17, 2022 Council meeting.

The City is moving ahead of the City Council election to approve the Housing Element.  The regular October 3, 2022, City Council meeting was cancelled without explanation* during the contested City Council campaign when candidates and the public could have recorded their opinions at the meeting on the Housing Element or other issues.  The City Council during their regularly scheduled, but cancelled, meeting on October 3 could have amplified Housing information and made factual corrections to City positions.

Residents of Piedmont received the unprecedented City Administrator’s letter dated September 30, 2022 approximately a week before voters may begin voting in the election.  The letter disparages the positions of certain candidates and supports the positions of other City Council candidates, while claiming to provide factual information about the Housing Element. 

The City Administrator, Sara Lillevand and Mayor Teddy Kind are responsible for setting the Council meeting agendas. Lillevand has announced her retirement by April 2022 and King, is a “lame duck” and will no long be on the Council following the certification of the November 8 election.

Correction and amplification of information sent to voters by the City Administrator on September 29, 2022:

  • The Charter states the Council shall proposes a zoning plan, but where zoning is proposed to be changed as within the proposed Housing Element voters must approve the zoning changes.
  • An approved Housing Element is not just a plan to sit on a shelf, for the State requires implementation and developers and property owners gain legal rights.
  • The Housing Element once approved by voters and the Council becomes law in Piedmont with all incumbent factors, such as lawsuits, site locations, property rights, and the rule of law.
  • The City Council members and the City staff do not have the authority under the City Charter to change the zoning as proposed.  The Piedmont City Charter states clearly, “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;”
  • Only the voters per the City Charter have a right to approve the proposed Housing Element zoning changes.
  • The City owns much of the property proposed to receive a zoning change, but changes will need voter approval, if the City Council adheres to the City Charter.
  • Referring voters to the City website leads to false and incomplete information.
  • No written legal opinions on Piedmont voters rights, density, single-family housing, classifications, reclassifications, or Piedmont liability have been provided publicly, indicating legal problems, and avoidance of providing points and authorities for public consideration.
  • Despite threats to Piedmonters, the Piedmont City Council and City staff have known of the need for voter approval of proposed zoning changes and failed to date to schedule voter consideration to meet the State deadline of May 23, 2023.
  • The loss of local control by the City’s rejection of legally required voting over zoning is happening now in Piedmont, not because of Sacramento, but because the Piedmont City Council is not following  the City Charter and scheduling the required timely local election for continued voters control of zoning in Piedmont.
  • The City continues to spend well over a million dollars on banners, consultants, puzzles, incorrect flyers, staff time, and a letter thwarting Piedmont’s City Charter and voters rights, while complaining about potential election costs.
  • Sending a City letter to Piedmonters shortly before an election regarding  a contested campaign issue is legally questionable particularly by using false and incomplete factual information.
  • The City Administrator’s letter mentions nothing about the duty of the City Administrator to uphold the City Charter as requiring voter approval of the proposed zoning changes.

 For decades, a core principle of PCA is following the rule of law and upholding voters rights. 

  • UPDATE: The City Clerk announced on 10.3.2022, “The City Council meeting scheduled for Monday, October 3rd has been cancelled due to a medical emergency in the City Administrator’s family.”