Sep 14 2014

Where is the public?

A rare opportunity for Piedmont to use $507,325 appears to be lacking general public input.

Will the City Council at their September 15 meeting open up the consideration process for comprehensive public input?

When Piedmont voters approved the East Bay Regional Park District WW Bond Funds tax measure, there was the promise that funds would be available through 2018 to improve Piedmont recreational facilities, a senior center, or parks.  Time has been slipping away as a result of delays.

With the exception of Livermore, which did not vote on the measure and will not benefit from the funding, Measure WW was approved by 72% of voters in Alameda and Contra Costa counties in November 2008.  To receive the funds requires no matching funds. Annually, every property owner in a participating jurisdiction, such as Piedmont, is required to pay $10 per $100,000 of assessed property value to provide the WW funds.

Piedmont delays in utilizing the funds originated primarily from staff and others intentions to use the money for night lighting at Coaches Field on Moraga Avenue; however, there was never a specific public hearing on the use of WW money for that purpose. There has never been a general public hearing or workshop on how Piedmonters want their $507,325 entitlement in WW money to be used. Some have likened the lack of early public participation in the decision to the controversial, failed Blair Park /Moraga Canyon sports complex proposal.

Unlike the outreach for Piedmont’s Draft Pedestrian and Bicycle Plan, there have been no community meetings or general public outreach to hear from Piedmonters on their preferences. No surveys, no Town Hall meetings, and no public hearings prior to the winnowing down to “five qualifying projects.”

Will Piedmonters be allowed to have a community voice in how to spend the fast approaching deadline for the $507,325 entitlement? 

The task of determining what should be done with the money has largely been delegated by the City Council to their appointed Capital Improvement Program Review Committee (CIP).  This select group of well intentioned members have been meeting to discuss which projects would qualify and have selected five non-prioritized projects.

The CIP meetings have been held in the City Council Conference Room, a small room near the Council Chambers, and at a meeting in the Main Park.  Those who wanted to know what was discussed at the meetings were unable to obtain meeting minutes or view the proceeding from their homes.

Interested residents concerned about Blair Park improvements, long term correction to the dangerously cracked tennis courts at Hampton, and expansion of Coaches Field have been challenged by the decision process.

Mark Feldkamp lends staff support to the CIP meetings.  Suggestions on how to spend CIP money have ranged from curtains in the Community Center to replacing Main Park’s stone walls, daylighting the stream down the center of Dracena Park and drainage issues.  Feldkamp recommended, much to the disappointment of some, that some projects were not advised.  He has encouraged the Park Commission to be present at the September 15 Council meeting to participate in the decision process. 

It is unprecedented for Piedmont to receive $507,325 to spend on unspecified recreation facilities, a senior center, or parks.

Some public frustration is evident from the emails found in the staff report and emails . There are competing interests for sports, beautification, recreation and park improvement. Blair Park’s Council approved plans are not on the list for funding.

The five projects chosen by the CIP committee are listed below.

Partial staff report for September 15 City Council meeting:
EAST BAY REGIONAL PARKS MEASURE WW NON-PRIORTIZED PROJECT LIST

Piedmont Community Hall Plaza and $600,000 to $700,000
Connector Pathway Renovation:
This project would replace the broken and stained aggregate concrete in the Community Hall front plaza area with the existing brick paving spokes left intact. The likely material to be installed in place of the concrete would be a cut stone surfacing mortared on a steel
reinforced concrete slab that would aesthetically tie in with the existing stone pavement improvements located throughout Piedmont Park. Staff would propose to install electricity under the slab and install decorative lighting to the specimen Yulan Magnolia
located in the center of the island. This area is used extensively for parties and large functions that generate much needed revenue for the city. The improvements would also include the installation of several removable decorative metal bollards limiting the vehicular damage caused by cars and trucks that now use the plaza as a turn-around and
drop off zone.
The project would also complete the final phase of the Exedra Master Plan as recommended in prior CIP proposals. This portion of the project combines several prior projects, including the installation of a new swings for older children, new lawn area and seating along the bicentennial wall, new walkways that would replace the existing asphalt roadway, lighting along the walkway leading to the Exedra Plaza, modifications to the overlook area including improvements to better accommodate movies in the park and improvements to the driveway that leads to the amphitheater.

Hampton Park Improvements (Harris Plan) $1,500,000 (construction costs only): [Phased approach not encouraged by staff.]
The Master Plan was approved by the Park & Recreation Commissions and City Council in 2007. City Council approved funding for the completion of the construction documents that are due by November 2014 and possible bid in January 2015. The Landscape Architect has recently submitted the 30% Design Development working drawings.
Public support from the Hampton Park improvements has been strong and staff is exploring possible private funding opportunities. This project could be broken into phases, depending on the budget constraints. Project phases could include the refurbishment of all of the hardscape areas including the tennis, basketball and handball
courts. This in conjunction with the improved drainage in these areas could serve as one phase. Another phase could include all improvements at the baseball field, including all new drainage system, turf, new warning track and site furnishings. The Landscape
Architect is prepared to package the construction drawings and bid documents that would be compatible with the proposed construction budget. A decision will be needed to address what items would be in each of the construction phases.

Dracena Park, New Entrance $300,000 to $350,000
at Park Way and Dracena Avenue:
Develop an in-house master plan for a new entry patio and walkways at the corner of Park Way and Dracena Ave. The construction of the new pedestrian bridge at Dracena Park has brought to the forefront the need for a new pedestrian entrance and gathering spot at this corner of Dracena Park. The existing connector walkways to the new bridge are in need of a complete over-haul. The existing landscaping should be enhanced and an efficient irrigation system installed.

Renovation and Rehabilitation of the Recreation Building $100,000 to $150,000:
The existing structure is very antiquated and a Master Plan is needed to make better use of the existing space. As part of an overall Master Plan, staff proposes to relocate the registration and main offices downstairs to the first floor. This arrangement would be more user-friendly allowing the public to have direct and unimpeded access to
Department staff. The construction would include not only renovated office spaces but also provides improvements to the existing HVAC systems, lighting and internet services. The Recreation Department provides a wide variety of city functions and the working environments should meet these needs, allowing staff to efficiently serve Piedmont residents.

New Play Structure at the Recreation Center $75,000 to $100,000:
The existing play structure is antiquated and is in need of replacement. A new play structure would provide ADA access for all users and would invite and encourage a safe play environment. The design would have areas for all age groups encouraging the children to use their imagination as well as providing physical challenges. This play structure is in a prime central play location that serves numerous groups on a daily basis.

Read the staff report and emails for the September 15 City Council meeting agenda.

The Council meeting begins at 7:30 p.m. in City Hall, 120 Vista Avenue, Piedmont. The use of WW Bond Funds falls well into the agenda of the September 15 meeting. Home observers can tune into Channel 27 or go to the City website on line to view the proceedings.

Sep 14 2014

City Seeks Volunteers for Budget Advisory and Financial Planning Committee – Deadline: Tuesday, September 30, 2014

Want to participate in important financial decisions impacting all Piedmonters? Want to learn in detail how your tax dollars are expended?  Want to advise the Piedmont City Council on financial matters?  The Budget Advisory and Financial Planning Committee (BAFPC) offers a great opportunity.

The following is the City’s press release:

The City of Piedmont is looking for a few talented volunteers for vacancies on the Budget Advisory and Financial Planning Committee. The committee, originally established by the City Council as a temporary body in March 2012, has been made a permanent body with an expanded membership of five regular members and two alternate members.

The charge of the committee is to:

• Review the financial projections prepared for the City’s Annual Budget and provide comment on whether they provide for the long term sustainable financial future of the City. This review shall take place between the preparation of the budget in April and its approval by the City Council in June of each year.

• Review and provide comment on the Mid-Year Budget Reports.

• Provide a financial review of any new program commitments and funding sources in excess of $250,000 in any fiscal year.

• Periodically review and comment on the sufficiency of funding for long term obligations, including the Sewer Fund, Equipment Replacement Fund, Facilities Maintenance Fund and the City’s pension and retiree healthcare costs and funding.

• Periodically examine the need for the Municipal Services Special Tax (Parcel Tax) and recommend whether this tax should be continued, and if so, at what rate.  This charge shall be accomplished not later than eighteen (18) months prior to the expiration of the tax as set forth in Chapter 20B of the City Code.

Applications are due to City Hall, 120 Vista Avenue, on or before the deadline of Tuesday, September 30, 2014. 

Interviews with the City Council for these positions will be scheduled for the evening of Monday, October 6, 2014. No appointments will be made without a Council interview.

Residents with questions are invited to contact the City Clerk’s office at (510) 420-3040.

City Clerk, John O. Tulloch

Aug 5 2014

 –  Wednesday,  August 6,  CIP Review Committee will once more meet at 5:30 p.m. in the small City Council Conference Room to discuss possible projects eligible for Measure WW Funding.  –

~~ Capital Improvement Projects (CIP) ~~

The CIP Review Committee plays an important role in recommending to the City Council many of Piedmont’s expensive capital improvement projects.

A long laundry list of projects ranging from curtains to safety matters have been discussed.

At previous meetings, interest focused on needed improvements particularly to Hampton Field, where water and sand has harmed the tennis courts presenting dangers and the outfield is rendered useless during wet weather. The large cost of Hampton rehabilitation would likely require phasing of the work.

Funds derived from the East Bay Regional Park District’s voter approved WW Bond measure can be used by Piedmont for specific projects. (Read about the project list.)  Piedmont’s entitlement is $507,000.

The CIP Review Committee meeting is open to the public.  However, The Brown Act meeting notice requirement appears to have been breached as time, date and location of the meeting was announced but timely notice of the meeting agenda was not distributed to aid citizens interested in participating in the meeting.  Prior CIP meetings have been held in locations outside of general public view. None of the Committee’s meetings have been broadcast or recorded.

The majority of the members on the CIP Review Committee are composed of those from the Park Commission or Beautification Foundation. There is no active representation from the Planning Commission or the Budget Advisory and Financial Planning Committee.

Following an interview process, four members of the seven member CIP Review Committee were appointed by the City Council.  They are: John Cooper (Chair)Ryan Gilbert (member of the Public Safety Committee), Bobbe Stehr (former member of the Planning Commission and member of the Piedmont Beautification Foundation) and Jamie Totsubo (member of the Park Commission).

Piedmont Garden Club’s Piedmont Beautification Foundation appointee:  Michelle Winchester (President of the Piedmont Beautification Foundation)

Park Commission representative: Sue Herrick (Chair of the Park Commission and member of the Piedmont Beautification Foundation)

Recreation Commission representative: Nick Levinson (Chair of the Recreation Commission)

City Council liaison observer: Vice Mayor Jeff  Wieler alternate: Councilmember Teddy King 

Staff to the CIP Review Committee are:

 Chester Nakahara (W) 420-3061 & Mark Feldkamp (W) 420-3064

 

Jul 13 2014

– Consultant’s report eliminates areas of resident concern, but it’s not too late for citizen input. –

Monday, July 14, in City Hall Council Chambers, 120 Vista Avenue, Piedmont, the Piedmont Planning Commission will consider the Bike and Pedestrian Improvements planning progress presented by the City’s consultant, Niko Letunic. The item is the last item on July 14 Planning Commission Agenda .  The meeting will be broadcast. 

At previous hearings, citizen recommendations included additional street trees to enhance the pedestrian experience, attention to the intersections of busy arterial routes and local streets for better pedestrian comfort.

Several citizens were unable to find their recommendations in the list of survey results, including:

  • safe pedestrian walkways along Moraga Avenue to Blair Park
  • a pedestrian path on Moraga Avenue next to the Mountainview Cemetery wall from the bus stop to Ramona Avenue
  • a pedestrian median needed for pedestrians crossing the overly wide Monticello Avenue at Moraga Avenue
  • consideration of the special needs of pedestrian senior citizens

These suggestions were also not  found in the February 2014 preliminary Bike/Ped Improvement Options report by consultant prior to input from Piedmont residents.

A recent suggestion was made that the Piedmont General Plan should provide consideration and direction on pedestrian, vehicular, and bicycle safety prior to the addition of new uses to already congested areas such as the Civic Center and Grand Avenue.

A presentation on recent progress in the planning process for the City’s Pedestrian and Bicycle Master Plan (PBMP) will be made.

The purpose of the meeting  is for City staff and its project consultant to present and receive feedback on the “implementation strategy” for the plan—namely the prioritization, funding and phasing of projects and other improvements that will make up the plan. The implementation strategy is an interim step in the planning process; based on feedback at the hearings, the list of high-priority projects (and other aspects of the strategy) will be refined and presented more broadly to the public as part of the draft Pedestrian and Bicycle Master Plan, beginning in August.

“The prioritization of projects will be based in large part on feedback received from Piedmonters and other stakeholders on ideas presented to the community in recent months. An important opportunity for feedback was through an online survey that ran for four weeks in February and March and received more than 260 responses. For a summary of the survey results, as well as the full [partial] list of comments received through the survey, click here.

The meeting will be an additional opportunity for the public to find out more about the plan and to voice their opinions. The City’s project consultant and City staff will be available to answer questions from the Commissioners and members of the public.

For more information about the PBMP, contact Kate Black at kblack@ci.piedmont.ca.us or at (510) 420-3063. If you would like to stay up to date on the development of the plan, contact Janet Chang at janetchang@ci.piedmont.ca.usor at (510) 420-3094 to be added to the email list for the project.

Get involved—these are your streets and sidewalks. Your voice is important!”

In August a draft will be available of the prioritized pedestrian and bicycle improvements to make walking and biking safer, easier and more popular.

Read the July 14 Planning Commission Agenda where a reference to the Bike and Pedestrian Plan can be found at the end.

Jul 13 2014

The Police and Fire Pension Board (PFPB) will meet in the Council Chamber, 120 Vista Avenue, on Wednesday, July 16, 2014 at 4 p.m. The board will hear a report on the number of current beneficiaries and the benefits paid in the 4th quarter of 2013/14.  Jack Horgan and/or Brad Kane of Osterweis Capital Management will report on the pension fund investments and other post-employment benefits investments.

PFPB members are Chairman Bill Hosler, Mayor Margaret Fujioka, Councilmember Robert McBain, Tom Kinkaid representing the Police Department, and Brian Gidney representing  the Fire Department.  According to the City website, staff are Erick Cheung and Paul Benoit.

The PFPB meets quarterly to oversee the City’s public safety pension plan and will continue to meet as long as there are retirees or dependents who are covered by the old plan.

The meeting is open to the public, but will not be broadcast.  Prior to meetings, materials indicating assets and beneficiary numbers have usually not been publicly distributed.  Those present at the meeting and requesters after the meeting will be provided any distributed information.  

~~~~~~~~~~~~

When voters approved Piedmont employees transfer to Cal PERS (California Public Employees Retirement System), Piedmont’s existing pension system remained only for previously retired employees.  The fund currently holds assets exceeding in the millions projected costs of the remaining beneficiaries.  On the other hand, the City’s contribution to PERS requires the City and its employees to annually pay increased amounts to PERS to cover pension costs. 

The PERS costs along with health and welfare benefits for retirees are an ongoing large expense to the City.  The cost of retiree health insurance, separate from PERS, is regularly brought up at Council meetings as a significant underfunded  City liability.  Mention has been made of using any residual funds from the Police and Fire Pension Fund to pay retiree health benefits to reduce the City’s liability.  In the future this may be a possibility, but it is dependent on the longevity of those currently receiving benefits from the Police and Fire Pension Fund assets and any applicable laws governing pension funds.

The entire Pension Board charge can be found here.

Jul 12 2014

On Monday, July 14, the Capital Improvement Projects (CIP) Review Committee will gather at 9:00 a.m. in the Council Conference Room, City Hall, 120 Vista Avenue. The purpose of the meetings is to tour sites proposed for improvement using $575,000 of WW bond funds and the City’s Capital Improvement Projects Fund.  The CIP Review Committee has been tasked with making recommendations to the City Council.

The tour and meeting is open to the public.

– CIP Review Committee Agenda –

1. Tour of Sites to be Considered for Possible CIP Funding

a. Piedmont Park; Community Hall Plaza, Amphitheater, and Terraces

b. Veterans Hall

c. Piedmont Community Pool

d. Dracena Park (Entry Way at Park Way & Dracena Avenue)

e. Coaches Field / Blair Park

f. Linda Beach Playfield (Howard Avenue Entrance)

g. Linda/Kingston Triangle

h. Crocker Park

i. Hampton Field

The sites will be visited in the order listed above. Each site visit will take approximately 15 minutes.

2. Working Lunch at Piedmont Park Tea House (Open to the public)

 There will be no public broadcast of the tour or the later CIP Review Committee discussion held over lunch at Piedmont’s Main Park Tea House. To learn about the issues, individuals should plan to attend the meeting and tour. Transportation from site to site has not been announced.

To date, none of the CIP meetings have been publicly broadcast.

The Brown Act precludes the committee members from holding discussions amongst themselves prior to reconvening in a meeting at the Tea House when consideration of the various sites will take place.   This will allow all committee members and the public to hear the deliberations.  During the tour, inquiries made to staff for a better understanding of issues and plans are permissible.

Given the complicated hoops to be jumped through to receive WW funds, the Council is likely to pursue one project rather than several. Two primary projects recently discussed by the City Council are:

– Renovation of Hampton Field’s grass playfield and tennis courts –

The City has invested in Beach Playfield, Coaches’ Field, Havens Playground, Witter Field, Hampton Field and Dracena Park.  All of which provide space for youthful activities.  Hampton Field, however, has not held up well over the years.  During wet weather, drainage is very poor significantly restricting playfield usage and causing debris to flow to a street surface.  The ever problematic tennis courts at Hampton have for decades been vulnerable to cracking with drifting sand creating hazards for players.  The City has an approved environmental document on record for Hampton Field and has recently acted to obtain construction documents to make the necessary improvements.

– Council approved enhancements and clean up of Blair Park –

Blair Park built on fill land was for generations used as a dumping ground for leaves and chipped trees. Invasive plants have damage trees and left much of the park area unusable.  The City recently took an emergency action to remove some unhealthy trees and branches that presented hazards to vehicles and park users.  Many remaining trees need attention to maintain their overall viability.  A sidewalk inside and along the roadway has been suggested as a way to enhance the park and encourage use while maintaining its open space character.  The City Council has approved a plan for Blair Park.  The park is a major gateway to Piedmont passed daily by thousands of individuals.

There are many desired projects, however some would not meet the criteria and timing required for WW bond funding.

Updated 7/14/14
Jun 28 2014

Proposals for the $507,000 WW Bond Funds will be the immediate focus of CIP Review Committee in order to meet EBRPD deadlines.  –

At its June 26 meeting, the CIP Review Committee (CIPRC) elected John Cooper as its Chair. Cooper invited the citizens in attendance to present their project ideas.

Former Council member Garrett Keating provided the CIPRC with photo montages illustrating his proposal of a 300 by 150 foot multi-purpose sports field, expanding Coaches Field into the existing parking area. In order to replace lost parking, Keating showed a section of Blair Park converted to a parking lot that could be accessed via a traffic circle with pedestrian operated signal. Keating emphasized the pressing need for more sports fields for the youth.

Long time Piedmont resident, Pat Markovich-Treece said the City had repeatedly focused on sports fields and neglected the members of the population who would use other kinds of recreational parks. She mentioned the shortfall in quality of life for citizens who prefer non-organized sports in their outdoor recreational activities. For example, she called for passive park environments such as Blair Park could become.

Last year, the Council approved a plan for Blair Park improvements and directed the CIPRC to include funding consideration in the Capital Improvement Projects assessment. A Committee member pointed to the Restoration Design Group Blair Park plan on the list (see below) as a passive recreation project.

Despite numerous public statements and information asking for use of the locked and vacant large room in the Piedmont Arts Center as a Senior Center, the Recreation Department did not add this to their wish list.  The prior City administration would not allow the Piedmont Center for the Arts to assume responsibility for the room and instead advocated that the facility be used for childcare.  The result has been no use of the room. 

WW funds are specifically authorized to be used for Senior Centers. Piedmont is unique in the region in not offering a facility for seniors. Some have found it unusual that Piedmont, with the largest percentage of seniors in Alameda County, offers few programs for this group of residents.

Three residents from the Kingston/Linda/Rose neighborhood advocated safety measures for the intersection. Crosswalks from Rose Ave. and Kingston Ave. across Linda Ave. and a stop sign on southeast bound Linda at Rose were suggested to reduce speeding traffic coming from Piedmont Ave. Mark Feldkamp, City staff liaison to the CIPRC, assured residents that there will be a traffic safety study in the Fall and the triangle median he is designing will include lighting to improve safety at night. “It is a great project and we’re pushing it very hard.” In the Spring, the Piedmont Beautification Foundation will raise money to contribute to the cost of constructing the triangle.

However, Cooper pointed out that the Kingston/Linda/Rose triangle does not qualify for WW funds. Feldkamp concurred, saying he had specifically asked about the project and Jeff Rasmussen of the East Bay Regional Park District said the triangle would not qualify.

Although resident William Blackwell was not present at the meeting to present it, his proposal for an expanded sports field in Coaches Field was included in one of the staff lists.

The meeting was designed to urgently emphasize use of WW funds prior to their expiration, yet some of the projects found on the Recreation Department and Park Department lists would not qualify for WW funds.  Which ever project or projects are chosen, stringent requirements including compliance with California’s Environmental Quality Act (CEQA) will be faced.  Given the restricted time line and requirements, some of the proposed projects will be eliminated. 

The CIPRC heard the Recreation Department wish list:

Hampton Field renovation, including tennis courts

Renovation of the Recreation Department building, moving registration and main office downstairs

Rehabilitation of Community Hall

New aquatics facility, includes new pools and locker rooms

Repair current pools and also build a new aquatic facility at another location

New draperies for the Community Hall, maybe new painting and wallpaper plan

Deck expansion off the back of the Community Hall

Redo Amphitheater area in Main Park

Replace the bleachers next to Recreation Department and pool

New play structure in Recreation Department tot lot

New play structure in Main Park tot lot

Redo benches around Main Park tot lot damaged by sand and stain

New picnic tables and BBQ pit next to Recreation Department tot lot

Re-surface basketball courts between tennis courts and pool

Recreation Department/Carriage House parking lot re-surface, including removal of pine tree

Removal or repair of large metal storage unit located behind BBQ area next to Recreation Department

Feldkamp provided an additional CIP wish list generated by the Park Department:

Piedmont Park Community Hall Plaza renovation $150,000 to $200,000

Piedmont Main Park Amphitheater renovation $250,000 to $300,000

Rear terrace Community Hall Piedmont Park renovation $300,000 $350,000

Hampton Park improvement (Harris Plan) $1,900,000 to $2,000,000

Linda/Kingston triangle $175,000 to $200,000

Coaches Field improvements (Blackwell Plan) $900,000 to $1,000,000

Dracena new entry at Park Way & Dracena Avenue $300,000 to $350,000

Blair Park improvements (RDG Plan) $800,000 to $900,000

Howard Avenue entrance to Linda-Beach Field $1,500,000 to $2,000,000

Crocker Park renovation $250,000 to $300,000

Piedmont Park Exedra Plaza Phase IV $500,000 to $600,000

Aquatic Center improvements $200,000 to $250,000

Veterans Hall improvements  $150,000 to $200,000

Residents may suggest other ideas on how Piedmont should spend the $575,000 in WW bond funds and help prioritize expenditures for future Capital Improvement Projects.  Send correspondence to:

CIP Review Committee c/o mfeldkamp@ci.piedmont.ca.us

Questions may be addressed to Mark Feldkamp (W) 420-3064

 

Jun 24 2014

On June 24, 2014, at a Special Meeting, the Council voted to direct staff to cease action to place the sewer tax surcharge on the November 2014 ballot.  With a large surge in Real Property Transfer Tax revenue, the windfall of money produces sufficient funds to cover the cost of an expedited rehabilitation of Piedmont’s sanitary sewer system. 

Council members Teddy King, Bob McBain and Tim Rood addressed potential lack of voter support, use of available funds, and advice of the Budget Advisory and Financial Planning Committee.  Mayor Margaret Fujioka joined the majority with her vote. Vice Mayor Jeff Wieler advocated the tax should continue to be pursued to build up City reserves, and he did not support the motion to cease action on the sewer tax surcharge.

Jun 23 2014

Years have passed and there remains no resolution to issues surrounding the undergrounding debacle costing Piedmont taxpayers over $2 million. The City has filed law suits against the City’s engineers in an attempt to recover the lost millions. “The Court has ordered the parties to engage in settlement discussions, and a mediation likely will be scheduled this summer.” Attorneys representing the City, Lombardi, Loper and Conant, LLP, “anticipate that the trial date ultimately will be in Spring 2015.

The following information is from the City:

The City of Piedmont’s case against Robert Gray & Associates and Harris & Associates, Inc. currently is in the pre-trial phase of litigation known as “discovery.”  The parties have been exchanging written information and documents, and have completed multiple key depositions.  Attorneys representing the City expect to complete all necessary depositions and written discovery in the next few months.

The Court has ordered the parties to engage in settlement discussions, and a mediation likely will be scheduled this summer.  While the Court has not yet set a trial date, attorneys for the City anticipate that the trial date ultimately will be in Spring 2015.

Following direction from the City Council, the following documents have been posted related to the civil suit against the engineers for the Piedmont Hills Underground Assessment District.  Click on each item to see the full document:

More information on the case is available from the Superior Court of California, County of Contra Costa, My Court Case web site. On March 21, 2013, the California Court of Appeal sided with the City of Piedmont in a procedural motion in its suit against the two engineering firms who designed the Piedmont Hills Undergrounding Assessment District. The Court of Appeal upheld a lower court ruling that the City’s filing of its suit in Superior Court was indeed proper and that arbitration was not mandated by the City’s contract with its engineers. The case will now go back to Superior Court and will be tried on its merits. No trial date has been set.

Jun 20 2014

Council might back off of a tax measure for new money to fix sewers.

Recent information from Alameda County  shows an unprecedented increase in the Real Property Transfer Tax flowing into Piedmont’s budget causing the City Administrator and Council to take another look at placing a sewer tax measure on the November 2014 ballot.  The City has been considering a ballot measure to generate new money derived from an increase in the tax on real estate transfers. For cost effectiveness and water quality, the City seeks to expedite the 30% remaining of the sanitary sewer rehabilitation  program.

The matter will be considered at a Special Meeting of the City Council in the Council Chambers on Tuesday, June 24 starting at 7:30 p.m. The meeting, open to the public, will be broadcast on KCOM Channel 27 and available live streamed from the City’s website.

“At the June 2nd meeting, the staff report for the first public hearing on the 2014-15 Budget included an update to Real Property Transfer Tax (RPTT) receipts. Based on the information provided by Alameda County through May 15, 2014, the City was estimated to receive
approximately $2.95 million and on pace to have a record year. At that time, staff continued to propose that funds in excess of budgeted amounts be allocated for unfunded retiree medical liabilities, facilities maintenance, and equipment replacement.

Based upon receipt of new data provided by the Alameda County Assessor’s Office, FY 2013-14 will be unprecedented, with RPTT receipts through June 9th at $3.78 million. This is largely due
to an historic total of approximately $972,000 for the month of May. The total for May is only $43,000 less than what the City received for April through June combined for Fiscal Year 2012-13. The previous record for a single month of transfer tax was June 2006, with receipts of $694,840.”

City Administrator Paul Benoit’s Report to the Council

The voter approved Sewer Fund originally was intended to rebuild and maintain Piedmont’s sanitary sewer system, however it was soon changed to include the City’s storm drain system. Both systems are recognized as important to protecting waterways from damaging effluent.

Historically, the City has used excess General Funds for purposes other than sewers: beautification projects, recreation facilities, employee compensation,  $2.5 million for private undergrounding problems, etc.

The City Council offered a 2011 ballot measure to complete the remaining 30% of the aged sanitary sewers. The tax proposed would have essentially doubled property owners ‘ Sewer Fund Taxes from $471 to $849  and $707 to $1,274 depending on lot size. Piedmont voters rejected the tax increase when they learned of errors in the City’s cost estimates and incorrect statements on Environmental Protection Agency (EPA) requirements.  Supporters of the sewer tax were undeterred by the new information and continued to support the sewer ballot measure that would have provided the City with new funds of approximately $11 million.

In a recent turn around on how much money was needed to accomplish EPA requirements, the City reduced the needed amount from approximately $11 million to approximately $1 million. City explanations of the dramatic change in needed funds to complete the sewer rehabilitation included overstated and incorrect calculations.

For years records were not kept by the Public Works Department on specific work hours or various projects charged to the Sewer Fund.  Council members did not have information on the actual work charged the Sewer Fund.

A priority list weighing various uses, including sewers, with available City funds has not been produced by the Council.

Former Mayor Al Peters stated in an opinion:

“The City has an annual general fund budget of approximately $22 million.  Allocating two percent a year to this project for three years would produce over $1.3 million.  As of June 30, 2013, the City had over $10 million in reserves, including over $4 million undesignated and an additional $4 million set aside for capital improvements and equipment replacement.  Why not use a portion of these funds to loan to the Sewer Fund rather than requesting an additional tax?  If reserves are inadequate, the Council should address that issue in a comprehensive way, not by this piecemeal approach.”

As the City looks for new money for sewers, it places other projects ahead of sewers.

Capital Improve Project (CIP) funds are generally used for special projects. There is no information indicating the City  prioritizes projects based on unavoidable expenses such as the completion of EPA required sewer work.

Although CIP funds and General Funds can be used for sewers, it is unknown if CIP allocations for sewer projects will be considered by the City Council.  As of this writing, the significant infusion of funds supplied by the Real Estate Transfer Tax changes the budget numbers. Without a new sewer tax, it appears special projects could be implemented and the Sewer Fund could be provided with the funds necessary for renovation of the remaining sanitary sewers in a cost effective, expeditious manner.

To read detailed analysis on Piedmont’s Sewer Fund, go to the left side of this page and click on “Sewer Fund”.

Read the City Administrator’s Report to the Council