Piedmont’s zoning system is being corrupted.

Interchanging single-family zoning and multiple-family zoning is impossible under the Piedmont City Charter.  Piedmont has a zone specifically for multiple-family dwellings, yet under the City Attorney’s interpretation of the City Charter,  all zones are multiple-family zones corrupting Piedmont’s zoning system controlled by voters.

In the staff report for the August 1, 2022  Council meeting regarding adding 587 housing units, the City’s interpretation denies the actual and complete language in the City Charter.  The full wording of the Zoning System in the Piedmont City Charter describes the use of the 5 zones. 

There is a specific zone for multiple housing and there is another zone for multiple housing use.  Single-family zoning is allowed in all Piedmont zones. Single-family dwelling use under state law permits a house, an ADU (Accessory Dwelling Unit) and an additional unit within the confines of the main house making 3 housing units possible within Piedmont single-family zoned parcels.

Interchanging single-family zoning and multiple-family zoning is impossible under the City Charter. 

 Since all Piedmont zones allow single-family dwellings,  permitting multiple family dwellings on all Piedmont parcels corrupts Piedmont’s City Charter and the ability of voter to control zoning in Piedmont.

The City’s incorrect statement is copied below:

“Therefore, a vote of the electorate would not be required since, under Section 9.02 of the Charter, and its historical interpretation by the City Attorney, changes to the density within each zone do not require a vote of the electorate.”

Are all parcels going to be changed in size to allow the multiple housing proposal of the HE plan?  This eliminates voter control in this work-around plan to remove voter approval as stated in the City Charter.

The City’s interpretation of the Charter relies on several missteps made by City Officials regarding zoning, none of which have the pervasive and overwhelming impact of the proposed HE  changing zoning uses without allowing Piedmont voters in densifying Piedmont with multiple-family proposals in zones.

The City minimally owes it to Piedmont voters to research City records for not only the intent of the City Charter, but the actual words as copied below.

City Charter ARTICLE IX. General Provision

SECTION 9.02 ZONING SYSTEM The City of Piedmont is primarily a residential city, and the City Council shall have power to establish a zoning system within the City as may in its judgement be most beneficial. 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; provided that any property which is zoned for uses other than or in addition to a single-family dwelling may be voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.  

City Staff report for August 1, 2022 states:

“6) Questions Regarding the City Charter Questions have come up regarding Section 9.02 of the City Charter, and whether increasing densities or adding another residential use category within existing zones would require a vote of the electorate.

Agenda Report Page 9

“The City’s Charter provides that “[t]he 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.” (City Charter, Section 9.02.) A vote of the electorate is thus required when changing a zone’s boundary or changing the zone of a property from one zone to another zone, but not to change densities for already allowed uses. Therefore, a vote of the electorate would not be required since, under Section 9.02 of the Charter, and its historical interpretation by the City Attorney, changes to the density within each zone do not require a vote of the electorate.

As noted in the City statement above, the use described by the zoning is totally omitted with the argument that density can be added to any zone without voter approval making all zones multi-family zoned.

The issue is one of great import as Piedmont voters are excluded from this monumental decision.

The City Council will consider this Charter issue on August 1. 2022.  Three of the City Council members are licensed members of the California Bar Association, Andersen, Long, and McCarthy. 

Should Piedmont adhere to the the City Charter with voter control over zoning uses/classifications or forfeit control to the City Council?

What should come first – voter approval of zoning reclassifications/use changes or City Council approval of the Housing Element (HE) requiring the reclassifications/use changes?

The question is not whether or not proposed changes are good or bad; the question is who has the right to change the zoning usage/classifications? State laws have limited control over city zoning laws. 

The currently proposed Piedmont Housing Element defeats the Piedmont City Charter.

The City Council proposes to change usage on public property to multiple family zoning via the Housing Element (HE).  Piedmont Parks, the Arts Center, City Hall, Veterans Building, Blair Park, Skate Board Park, and Corporation Yard – historic buildings and uses are proposed for change of use.

Once the HE has specified in writing the locations of the required 587 new housing units and is approved by the City Council along with the state, the City of Piedmont is required to adhere to the zoning changes specified in the HE.  The Piedmont Housing Element and General Plan are firm government commitments to to the state, commercial developers, individuals, organizations, groups, property owners to be implemented during the 8 year HE term. 

The process being utilized by the City Council makes zoning changes/reclassifications the sole authority of the City Council rejecting the language within the City Charter that  requires voter control over changes/reclassification of zones.

Will Piedmont voters have an opportunity to approve the change of use/ reclassification per the City Charter, or will the City Council put zoning changes in the HE and require voter approval of the zoning changes after the HE is approved? Piedmont’s proposed HE requires zoning use/reclassification turning parks and public property into multiple housing. 

It has been publicly stated and proposed that park land would be declared surplus property and sold or reused/reclassified without voter approval.

Piedmont’s five zones are classified as: public, commercial, multi-family, single-family and single-family Estate – with all zones permitting single-family housing.   In Piedmont, the use determines the classification of a zone.

“Classified, Reclassified, and use” are keywords within the City Charter.

Voter approval on zoning is well established in Piedmont per the voter approved Piedmont City Charter.  Only voters can change zone usage/classifications.  Adherence to the City Charter is not a matter of how much it cost to adhere to the Charter; adherence is a matter of law. 

The words “classification and reclassifications”, describe the “use” within a zone as can be seen by reading the City Charter copied below:.

City Charter ARTICLE IX. General Provision

SECTION 9.02 ZONING SYSTEM The City of Piedmont is primarily a residential city, and the City Council shall have power to establish a zoning system within the City as may in its judgement be most beneficial. 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; provided that any property which is zoned for uses other than or in addition to a single-family dwelling may be voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above..  

Since all zones allow single-family development, Michelle Kenyon, Piedmont’s contract City Attorney, stated in regard to the HE’s proposed changes that multiple family housing is housing, and therefore allowed in all zones.   Kenyon has used other cities’ definitions of “classification and reclassification”, rather than relying on language found in Piedmont’s City Charter with “use” determining a classification.

City Attorney Kenyon has instructed the Piedmont City Council and Planning Commission that Piedmont voter approval of the proposed land use changes/reclassifications are not required because: no new zone is being created; no zone is  being enlarged; no zone is being reduced.  Importantly, Kenyon’s advice results in the ability of the City Council to change the use/ reclassification of zones without voter approval.

City Charter ARTICLE IX. General Provision:

SECTION 9.02 ZONING SYSTEM (Excerpt from above)

“provided that any property which is zoned for uses other than or in addition to a single-family dwelling may be voluntarily rezoned by the owners thereof filing a written document executed by all of the owners thereof under penalty of perjury stating that the only use on such property shall be a single-family dwelling, and such rezoning shall not require a vote of the electors as set forth above.”

As noted above, the City Charter allows property owners in the multifamily or commercial zone to rezone their property to exclusively be for single-family zoning.  The City Charter in this section informs the definition of “classification and rezoning” as “use” in the zones.  It is unknown how the Kenyon opinion accommodates the zone use/ classification  language written into the City Charter. 

Timing:

The City Council has known for over a year, there would be significant challenges to Piedmont zoning to accommodate 587 new housing units in Piedmont; while other cities have allowed voter participation, Piedmont voters have not been given a chance to act on the zoning per the City Charter, The deadline for placing a ballot measure on the November 2022 ballot ends in August. 

What if voters do not approve the HE changes?  Are voters no longer permitted to approve  or disapprove the zoning changes?  Does the City Council plan to follow outside counsel advice and eliminate voter approval?

At its June 20 meeting, the City Council made two preliminary decisions regarding sites for the 215 or so low-income housing units state law requires Piedmont to accommodate. The Council removed the Vista Avenue tennis courts from the list of potential sites and added Blair Park. Both choices appear at odds with recommendations made, after months of study, by the city’s professional staff as well as its paid consultants and the citizen advisory committee appointed by the Council.

The Council argued that listing the tennis courts, recently upgraded with help from citizen gifts, for low-income housing would discourage philanthropic giving to the city.  The argument for including Blair Park was that Piedmont must use or lose its share of County funding for low-income housing and that the Park provides opportunity for relatively fast development.

A moment’s reflection, however, calls both these arguments into question.  Residents have given gifts to both the city and to the Piedmont Beautification Foundation to upgrade Blair Park.  Friends of Moraga Canyon, for example, funded a landscaping plan, commissioned by the city, for the Park.  Despite the plan, the city chose to leave the Park “as is.”  Why? City staff argued, among other points, that improving the Park would attract users and that traffic engineers had not found a way to safely separate visitors to the Park, particularly children, from high-speed traffic on Moraga Avenue.

The city did, however, allow the family and friends of Barbara Peters, who dedicated four decades of service to the city and its residents, to place a bench in her memory in the Park she worked so hard to protect.  This is the bench to which a councilperson referred when characterizing Blair Park disparagingly as “just a bench.”  Is there a more effective way to discourage philanthropic giving to the city than to have councilpersons publicly disparage gifts?

The argument that Blair Park presents a more timely or attractive opportunity for developers than the tennis courts also appears less than compelling.  Time will certainly be lost when residents and environmental groups appeal the use of parkland to meet housing requirements. The State does not encourage cities to use parks to meet housing mandates and no other city has done so. Piedmont, moreover, already has one of the lowest ratios in the Bay Area of parkland to residents.

Most of Blair Park that is not steep hillside is a former landfill.  No one knows what the landfill contains other than San Francisco Bay mud, likely to harbor mercury and other heavy metals, from the construction of transbay BART tunnels.  This circumstance will lead to time consuming testing as well as expensive and contentious mitigation.  Without testing and mitigation, the city may have to indemnify developers and future managers of the apartments against claims of building defects and toxic exposure.

Building 150 or 200 apartments in Blair Park will certainly require expensive and time-consuming realignment and extension of sewer, water, and power lines, not to mention the reconfiguration of Moraga Avenue to ensure traffic and pedestrian safety.  And how long will it take to negotiate responsibility for the liability that comes with managing traffic on Moraga Avenue and its interchange with the 13 Freeway during construction?

And, of course, any prospective developer will have to assess the cost of uncertainty likely to arise because some Piedmont residents assume, with good reason, that their City Charter requires a vote of the citizens to convert parkland to residential use.  The Council may claim that loopholes allow them to avoid such a vote, but residents may see it differently and seek time-consuming redress.

The tennis court site, on the other hand, is flat, within walking distance of elementary, middle, and high schools as well as of banks, churches, the arts center, and the local market.  Piedmont Park and the new aquatics center are as close. Water, power, and sewer infrastructure is on site.  No landfill or landslide risks require mitigation. And the recent completion of nearby large school facilities shows that the traffic disruptions of construction in the area can be acceptably managed.

Given the above, why would the City Council ignore the recommendations of its professional staff, paid consultants, and citizen committee and swap Blair Park for the tennis courts? Why would the Council concentrate low-income families as far from Piedmont schools, services, and social as well as civic life as physically possible?  Is convenient access to a tennis court more important to us than the isolation of 200 low-income families?

Our predecessors brazenly used city resources to drive minority families from Piedmont. They countenanced race-based restrictive covenants. And they allowed a private club to operate a city-owned swim facility when the Civil Rights Act of 1964 required integration of publicly operated accommodations. Given this history, how will our, or a future, City Council dissuade an objective observer from judging the choice to isolate and stigmatize 200 low-income families as anything other than a continuation of exclusionary policy?

I believe most Piedmonters want the city to comply with housing mandates in a way that conveys the best of our values rather than the worst of our instincts. I urge the Council to honor those values as well as its own adopted policy of distributing affordable housing throughout the city.  Do the right thing for generations of Piedmonters – adopt the inclusionary recommendations of your staff, consultants, and citizens’ committee.

Ralph Catalano, Piedmont Resident 

Editors Note: Opinions expressed are those of the author.

Civic spaces and places are what makes a community.

The Housing Element is not a policy direction to explore ideas … it is focused on delivering sites for development, the feasibility of which has already been established.

Putting the Vista tennis courts where the high school students play on the chopping block, potentially jeopardizing the viability of vitally needed police and fire station retrofitting, removing the Piedmont Center for the Arts, and putting housing on the Highland Green that serves as the 4th of July parade staging area are extraordinary steps that are in the Housing Element that the community is not aware of, and potentially hugely destructive to the community fabric. The City needs to slow down process and more thoroughly analyze these proposals and get community feedback before the element is forwarded to the State.

The City can both protect its civic spaces and accommodate it housing needs in a thoughtful manner. It doesn’t have to be one or the other. By preserving our public and recreation spaces, Piedmont would also be preserving these for the enjoyment of new residents.

The Piedmont Housing Element should be set up for success, rather than failure, and include actual sites where the City can fulfill its housing needs, rather than sink time and energy into sites where housing is unlikely. While including housing as part of the Civic Center is a noble sentiment, it is impractical in the timeframe of this Housing Element planning period, as I will discuss below. The City should be aware of the following State laws and other requirements, which among others require the City Council to make certain findings at adoption time that the City would not be able to responsibly make for the Civic Center sites:

STATE LAW REQUIREMENTS TO BE MINDFUL ABOUT FOR CIVIC CENTER SITES

Demonstrate Realistic Development Capacity at Designated Sites

Where there are existing uses, “..Existing Uses — The housing element must demonstrate non-vacant and/or underutilized sites in the inventory that can be realistically developed with residential uses or more-intensive residential uses at densities appropriate  ….and evaluate the extent these uses would constitute an impediment to new residential development.”  See https://www.hcd.ca.gov/community-development/building-blocks/site-inventory-analysis/analysis-of-sites-and-zoning.shtml. The City needs to show the community the analysis used to arrive at feasible housing capacity at existing civic uses and tennis courts. E.g., there is no housing feasible where the tennis courts are. The examples cited so far are of tennis courts on top of parking structures such as at UC Berkeley, which is very different than tennis courts on top of housing, that too affordable housing. The Housing Element is not a policy direction to explore ideas … it is focused on delivering sites for development, the feasibility of which has already been established.

Required City Council Findings at Adoption Time That Existing Uses Will be Discontinued

State law states that “If a housing element relies on nonvacant sites to accommodate 50 percent or more of its RHNA for lower income households, the nonvacant site’s existing use is presumed to impede additional residential development, unless the housing element describes findings based on substantial evidence that the use will likely be discontinued during the planning period. In addition to a description in the element, findings should also be included as part of the resolution adopting the housing element.”https://www.hcd.ca.gov/community-development/building-blocks/site-inventory-analysis/analysis-of-sites-and-zoning.shtml.

Thus at the time of Housing Element adoption, the City Council will have to make findings that the tennis and basketball courts at Vista and public safety uses at the Civic Center will be discontinued during the planning period (2023-2031). I do not believe it is possible to make this finding given that there are no plans to relocate these uses to other places, unless the City does not want high schoolers and other community members to play tennis or does not want police and fire departments. If the City Council does not believe this finding can be made, it is better to drop these sites now rather than finding that we are short on sites at adoption time.

Required Rezoning for Shortfall

The City would need to commit in its Housing Element to a process and timeline to make sites it owns available for residential uses. The draft Housing Element currently lacks this, and HCD would most likely want to see this detail included. Under the Housing Accountability Act, should housing not be feasible at a site and there is a shortfall mid-cycle, the City will have to proactively undertake a rezoning program to find sites elsewhere to make up for this shortfall. This means doing a Housing Element Update and EIR all over again mid-cycle in three or four years, and tying the City’s hand in being able to proceed with rehabbing the public safety buildings until alternative housing sites are in place. Thus, In designating the Civic Center sites I believe we are just kicking the can down two or three years, rather than solving any housing problems. We should be focused on finding and delivering those alternative housing sites to meet our housing needs and obligations now, rather than five years later.

CITY CHARTER

Reclassification of zones under the Piedmont Charter requires a vote of the people. If the City Council wants to reclassify the Public zone (which allows a de minimus one house at every parcel in the city) to permit high density residential and thus make this zone Public/Residential, this should be submitted to the voters and placed on the upcoming November ballot. Lack of legal certainty will not inspire confidence on part of any developers the City may wish to attract.

PHYSICAL FEASIBILITY OF SITES AT THE CIVIC CENTER

Not finding any drawings or information in the Housing Element on methodology to determine housing capacity at Civic Center sites, I sat down over the weekend and tried to understand this for myself.

Vista Tennis and Basketball Courts

Assumption in HE: Housing at 60 units per acre, 34 realistic housing units. The courts presently fill up the entire site. It is physically not possible to vertically integrate housing and whole bunch of tennis courts and bleachers on top of a residential building without extraordinary expense, and I am not aware of any examples in the Bay Area where this has been done. Tennis courts can go on top of parking structures as they have been at Cal for over three decades and industrial and office buildings, but not residential, as the building floorplate is entirely different. Is the proposal to remove tennis courts? The facilities were just renovated a year ago for something like $2 million. This idea does not seem even physically, let alone financially, feasible.

Center for the Arts

Where is the space for the five units? Will this be razed and replaced? Again, wasn’t this rehabbed a few years ago, and didn’t the City recently sign an agreement on this?

City Hall/Police/Veterans Building

The site area for this in the Housing Element includes City Hall, and the area is counted at 60 units per acre to calculate resultant housing. Neither tearing down City Hall, nor putting housing on top of it is a credible suggestion. The eastern half of the site is about 0.5 acres, and that is where the police and veterans building are located. It would be quite a structure that includes a new police station, rec. building, and 40 housing units (which, because of the small acreage, would actually be at 120 units per acre max)  all at the same small site.  It would require razing the existing facilities and starting from scratch, and be surely several multiples more expensive than the cost to rehab these, plus the higher cost for housing building and having the civic facilities support the resultant structural weight and complexity of housing above. Theoretically it could work if the housing can be on its own pad as staff mentioned for other examples they shared at the Planning Commission meeting, but looking at our site I don’t see any area where housing can just be squeezed in without messing with the existing buildings. Rehabbing the existing Veterans Hall and Public Safety buildings will also be a lot more environmentally sustainable and emit fewer greenhouse gases than razing these buildings and building something new, when the same housing can built more sustainably and be delivered to the community at lower cost by adding say one more story to the Mulberry/BofA site across the street, where housing is already planned, and provide an additional density incentive for the property owner to develop that site.

Highland Green

The width of this parcel during most of the stretch is 30 feet. With required front setback of 20 feet in Zone A, and rear setback of 5 feet, the remaining buildable width of housing would only be 5 feet. So, these sites are also physically not feasible. The loss of five units assumed here would not be that significant.

All of these sites are impractical given the dense fully built out conditions of civic facilities and the fact that we don’t any have vacant land there, and a distraction from the real work the City needs to do to deliver feasible sites.

PRACTICAL APPROACH TO MEETING THE CITY’S HOUSING OBLIGATIONS

I believe the most practical approach for the City to meet its RHNA is as follows, in order of importance:

•       Count every housing unit (including ADUs) expected to be completed between July 1, 2022 and January 1, 2023. These units, under State law, can be counted toward both the 5th Cycle (in which we are) and 6th Cycle (starting in 2023), because of data projection period overlap.

•       Count SB 9 Units. The City does not have a trend of these because the City has not allowed these in the past. With properly development rules and methodology, the City should attempt to have these counted now to bring the remaining need down, rather than just as Housing Element success stories later. There are many cities that have successfully counted these units, consistent with HCD guidelines.

•       Consider densities that are much higher than currently contemplated at Grand and Highland avenues, while developing standards so that these are well designed, with ground level retail and cafes, and housing above. Densities of 180 units per acre with ground floor retail and four stories of residential above (60 feet building height), with structured parking may be appropriate for Grand Avenue, and 120 per acre for Highland Avenue. If necessary, the City should add a real architect with experience in doing projects like these in the Bay Area to the out-of-town planning team.

•       Add missing middle housing (fourplexes, six-plexes, etc.) and smaller-scale multifamily development in some or many existing neighborhoods. Some of the City’s rules relating to allowable densities, lot sizes etc. may need to be modified. There may, again, be some City Charter issues involved, but these would be of lower magnitude than high density residential issues in Public zones.

•       Continue counting all the remaining single family and religious sites with the good work staff has done, although it remains to be seen if HCD will buy off on allowing so many of these to be counted.

•       Anything else needed should be added after the above has been done, and this remaining need would be modest.

Rajeev Bhatia, Piedmont Resident

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

Are Piedmonters aware of what is proposed for the most profound change to housing in Piedmont’s 115 year history?

Due to lack of information and available summaries, few Piedmonters understand how the proposed Housing Element (HE) will impact their home, their taxes, and the City of Piedmont.

If the HE is sent to the State, as proposed by City staff, and approved by the City Council, Piedmont will have committed the city to specific obligations within the HE, such as rezoning, densities, and building height increases.  If the HE is sent to the State, as proposed for Monday, June 20, Piedmont will relinquish the ability to remove committed items in the HE.

Piedmont officials have stated, “It is only a plan.” Not stated however, is the fact that once the HE is adopted by Piedmont and approved by the state, by law, the HE must be implemented.  Funding appears not to be a limitation on development as significant amounts of public money joined with commercial development interests are expected. 

In the staff report attached below, outreach by the City has yielded limited success in informing Piedmonters of the breath and specifics of the proposals.  Despite a City description of “robust” public outreach, there was no hard copy distribution of the  proposed HE, a summary, or a survey sent directly to Piedmonters for their consideration.  

The State extended the deadline for HE approval for approximately one year until May 2023 to allow greater participation and comment by the public.  

Where is the information on required zoning changes and safety requirements in the HE?

The Housing Element includes:

• Without neighborhood knowledge or input, proposals meeting the requirements of split lots, four units on a lot, tall 4 story buildings replacing existing homes,  etc., will be done with no right by neighborhoods to object, for property owners and the City will have a legal right to build on or divide property according to the HE. 
• Where zoning changes are required in the HE, such as increasing density and changed uses, the Piedmont City Charter gives voters with the exclusive right to approve zoning changes.  Once the proposed HE is approved and adopted, Piedmont voters will be forced by the State based on the HE to approve zoning changes within a three year period of HE approval.

What is the intended outcome of the proposed HE revision? 

Table IV -1 Quantifiable Objectives (on page 232 of the staff report) shows the number and type of new housing units expected to be built in Piedmont over the next few years.  It is intended to clarify to (decision-makers) authorities the new housing development obligation fulfillment.  No single family zoning or lot survives the rezoning as described in the City Charter. 

Staff report: >  PCA Housing Ele 62022  Over 200 pages long 

Monday, June 20, 2022

Public HEARING AGENDA

and participation information > PCA 62022 Council Agenda

Information on the Housing Element Process and required rezoning linked below:

Staff report:   PCA Housing Ele 62022  Over 200 pages long 

Public HEARING AGENDA and participation information PCA 62022 Council Agenda

City notice below:

On Monday, June 20, 2022, the City Council will conduct a public hearing in Council Chambers, 120 Vista Avenue, to consider the Draft Housing Element for the 6th Cycle (Draft Housing Element) and to submit the Draft Housing Element to the California Department of Housing and Community Development for its 90-day review. The City Council agenda is available on the City website at this link. State law requires cities to update their General Plan Housing Element. The next Housing Element guides City actions for 2023 to 2031; it is part of the City’s General Plan; and it applies City-wide.

Is more resident engagement needed for the Housing Element?

Many Piedmont residents do not understand or approve of plans for adding 587 new housing units within Piedmont’s built-out city limits of 1.8 square miles. The Piedmont City Council, unlike other City Councils in the region, has energetically and swiftly pressed to further densify Piedmont and add the 587 new housing units.  

No survey has been mailed to Piedmont residents, the most direct, useful, and inclusive means of gaining resident opinions.

Expensive banners are up throughout the city creating dismay about their meaning:  their grammar; insulting slogans; and seeming downgrading of neighboring communities.  Despite hundreds of thousands of dollars spent on staff, mailers, meetings, banners, postcards, City news releases, consultants, puzzles, preferred interest-group participation,  committee and commission presentations,  fewer than 300 Piedmonters have participated by writing to the City in the process.

 The City printed “Piedmont is home.” postcards for residents, yet sent no questionnaire or survey by direct mail to Piedmont residents to gather their input. Most outreach of the Housing Element draft was conducted during the raging pandemic via the  internet, eliminating many seniors not current with the internet.  A mailed survey would no doubt have produced far greater input.

Wait Until the New Council is Elected in November to Act on the Housing Element

Piedmont is holding its election for 3 Council seats this November, 2022.  Of the three seats, one seat is totally open (Mayor King is termed out of office.), one seat has an incumbent (Councilmember Andersen), and one seat is held by an appointed incumbent (Councilmember Long).  A citizen suggested allowing the Housing Element to be thoroughly aired during the election process and campaigns.  This would conform to state extended deadlines while allowing greater resident participation and understanding of the Housing Element.  The current Council plans are:

“Summer 2022: With the City Council’s consent, submission of Draft Housing Element to the CA Housing and Community Development Department for certification.”

“May 2023: Deadline for adoption of the final draft of the updated Housing Element, date amended due to recent state law requiring additional review and longer comment periods.”  City publicity.

Summary Information and Question Answers missing from publicity.

Most residents have no idea of how proposed changes will impact Piedmont as a whole or their homes.   Additionally, some input has been ignored by the City. While little direct information is provided to residents, notions abound and concerns persist.

• Is safety the foundation of all proposals in the Housing Element?

• Have safety considerations been given for high fire areas, substandard streets, overhead utilities, public safety access, traffic, parking, transit, mud slides, water, sidewalks, city staffing requirements?

• The City Charter specifically prescribes Piedmont voters have a right to approve zoning changes.  Will the proposals require this to be ultimately taken away from Piedmont voters?

• What zoning or land use changes are proposed?

• How much will the expanded staffing and public safety needs cost in taxes or other sources of funding? 

• Will the proposed changes make Piedmont a less desirable city?

• Is loss of air and light to be considered with proposed new higher height limits for each garage/ADU living unit?

• When will the public be allowed to provide input on building proposals in their neighborhood?

• The Moraga Avenue Corporation Yard was chosen for high-rise buildings. What public transit is available, new streets, new electric signaling, sidewalks, water, sewer, waste?

• Trees in Piedmont are prized. How does the proposal protect the trees on public and private property?

• The current pandemic has pointed out the vital need for open space and air for healthy living conditions.  How has this been addressed in the proposal?

City News Release below:

The City of Piedmont will host a virtual Town Hall on June 7, 2022, from 6:00 to 8:00 pm to provide an opportunity to learn more about the >Draft Housing Element. [over 600 page document] This Town Hall will provide an opportunity for community members to pose questions about the Draft Housing Element. Following a short presentation, a panel the City’s team of housing consultants and staff will provide responses to questions submitted by attendees. The City has received over 275 written comments from community members on the Draft Housing Element via email and the Piedmont Housing Puzzle. Over 50 community members participated at the April 19th Housing Advisory Committee meeting and at the May 12th Planning Commission meeting. You are welcomed and encouraged to participate using the following formats: Computer or smart phone:      Click on https://piedmont-ca-gov.zoom.us/j/86477811380 Computer or smart phone:      Click on https://piedmont.ca.gov/government/meeting_videos Telephone: Dial (669) 900-9128 and enter webinar/meeting number 864-7781-1380 Television: Watch on KCOM, Comcast Channel 27 or AT&T UVerse Channel 99 We look forward to seeing you there!

City news release below:

The City of Piedmont will host a Town Hall on June 7th at 6:00 to 8:00 p.m. to provide an opportunity for Piedmont residents to learn more about the Draft Housing Element. This Town Hall
will provide an opportunity for community members to pose questions about the document.

Following a short presentation addressing some of the issues, a panel  [names not listed] will provide responses to  questions submitted by attendees.

“We have received over 275 written comments from community members on the Draft Housing
Element via email and the Piedmont Puzzle. And have heard from over 50 community members at
the April 19th Housing Advisory Committee meeting and the May 12th Planning Commission
meeting,” said Kevin Jackson, the City’s Director of Planning & Building. “Several of those
comments included questions. We intend to provide answers to those questions and clarity on the
purpose and scope of the Draft Housing Element at this Town Hall Q&A meeting.”

Residents can participate in the Zoom meeting or watch the meeting by tuning to KCOM TV,
Comcast channel 27 or AT&T channel 99.

Housing Element Update Timeline:

June 7, 2022: Virtual Town Hall Q&A Meeting at 6:00 p.m.

June 20, 2022: City Council Consideration of Draft Housing Element.

Summer 2022: With the City Council’s consent, submission of Draft Housing Element to the CA Housing and Community Development Department for certification.

May 2023: Deadline for adoption of the final draft of the updated Housing Element, date amended due to recent state law requiring additional review and longer comment periods.

Four informational videos about the 2023-2031 Housing Element have been produced by City staff.
Please visit Piedmont’s Youtube channel at
https://www.youtube.com/channel/UCX3RUnN7wcyGgnnjmYmFnXQ

or watch these videos on the homepage of https://piedmontishome.org.

Piedmontishome.org

The City has created a web site, https://piedmontishome.org, which is a one-stop shop for information
on the City’s housing efforts. This site contains information about the 2023-2031 Housing Element
process, as well as other fair housing programs.

Community members are encouraged to review the materials on the site and submit comments,
questions, ideas, and concerns to piedmontishome@piedmont.ca.gov. This email address will capture
official public correspondence about City of Piedmont housing policy work, including the 2023-2031
Housing Element Update.

2022-05-24 Housing Element Town Hall Meeting

HOUSING ELEMENTS: STATE HOUSING REQUIREMENTS FOUND TO BE IN ERROR BY STATE AUDITOR 

How many housing units are actually needed?

The Auditor’s letter suggests a number of fundamental Housing and Community Development (HCD) failures:

– adequate consideration of all factors required by state law

– accurate use of healthy housing vacancy rates

– projection of the number of future households that will require housing units lacks supportive data

– lack of a proper study to support HCD housing numbers required of local communities

Excerpt quoted from Acting California State Auditor’s letter:

“…  In reviewing the needs assessments for three regions, we identified multiple areas in which HCD must improve its process. For example, HCD does not satisfactorily review its needs assessments to ensure that staff accurately enter data when they calculate how much housing local governments must plan to build. As a result, HCD made errors that reduced its projected need for housing in two of the regions we reviewed. We also found that HCD could not demonstrate that it adequately considered all of the factors that state law requires, and it could not support its use of healthy housing vacancy rates. This insufficient oversight and lack of support for its considerations risks eroding public confidence that HCD is informing local governments of the appropriate amount of housing they will need.

“HCD’s needs assessments also rely on some projections that the Department of Finance (Finance) provides. While we found that most of Finance’s projections were reasonably accurate, it has not adequately supported the rates it uses to project the number of future households that will require housing units in the State. Although these household projections are a key component in HCD’s needs assessments, Finance has not conducted a proper study or obtained formal recommendations from experts it consulted to support its assumptions in this area. Finance intends to reevaluate its assumptions related to household growth as more detailed 2020 Census data becomes available later in the year, but without such efforts, Finance cannot ensure that it is providing the most appropriate information to HCD.”

Respectfully submitted,

MICHAEL S. TILDEN, CPA
Acting California State Auditor

Read the complete letter here.

The all important Piedmont Budget Advisory and Financial Planning Committee will meet on Thursday, May 26, 2022, 3:00 p.m., to make recommendations to the Council on taxes and the Budget.

The Committee is unusual, because unlike other Council appointed bodies and despite requirements set out in the City Charter, minutes of the meetings are not kept and approved by the Committee. 

“SECTION 6.05 PUBLIC RECORD Minutes for each of such boards and commissions shall be kept as a record of its proceedings and transactions.” Piedmont City Charter

Prior to remote viewing, the Committee meetings were never broadcast and were often held in a small conference room at City Hall.    Historically, the Chair produced an unapproved document for Council consideration including recommended taxes and programs.

There are no approved minutes to validate Committee actions and considerations. Conflict of interest statements are not required of the committee members, who were specifically excluded from the requirement.

The May 26 meeting is available for the public remote viewing per the instructions listed in the Agenda linked below.  No staff reports were disseminated by the City for public  review for this meeting. Public participation is available via teleconference. >>>  https://piedmont-ca-gov.zoom.us/j/88279880693

AGENDA –

>>2022-05-26 Budget Advisory and Financial Planning Committee Agenda

1. Election of a Chairperson
2. Consideration of FY 2022-2023 Budget Report  No documents were provided.