Mar 25 2018

IF SB 827 is approved, Piedmont could be obligated to offer a density bonus and/or a Floor Area Ratio of no less than 2.5 for lots with a maximum height limit of 45 feet, if a developer proposes to construct a specified percentage of units for very low, low-, or moderate-income households on a transit rich site.

Could Piedmont lose further control over land use  if  State Senate 827 becomes law approving four story apartment buildings on single family zoned properties located within 1/4 mile of “high quality” bus routes?

Will Piedmont’s City Council take a position on SB 827 as proposed by Piedmont’s State Senator Nancy Skinner?

To date, there has been no action taken by the Piedmont City Council to support or oppose SB 827.

Piedmont is a member of the League of California Cities and has a City Council representative on the League of California Cities – East Bay.  The League frequently takes positions on legislation impacting California cities and controls over local land use.

The new bill SB 827 introduced in the California state legislature on March 1, 2018 (as amended) by San Francisco Assembly member Phil Ting, San Francisco Senator Scott Wiener, and East Bay Senator Nancy Skinner (Piedmont’s State Senator ) would cede developers a transit-housing bonus for taller denser developments near major transit hubs.

Transit Centers, Transit Villages, and Transit Corridors are a popular planning device to reduce automobile traffic and pollution and congregate residents near established transit corridors.

Piedmont was largely developed by Borax Smith with transport into Piedmont from the San Francisco Bay.  Years ago many of Piedmont’s transit routes were taken over by the Key System, a corporation, followed by voter approval of the current Alameda Contra Costa Transit District (AC Transit), a public special district providing bus transit for Piedmont and much of the East Bay.

AC Transit bus routes are well established in Piedmont.

Piedmont, long known for quick commutes to San Francisco and Oakland, could be targeted for densification within a 1/4 mile of our major “high quality” bus routes on Oakland Avenue, Highland Avenue, Grand Avenue, and Highland Way. 

Control and development of housing has been partially removed from cities and counties by the California State legislature in a push to accommodate California’s ever growing population and a need for affordable housing.   Densification of cities by adding apartments to single family homes and negating parking requirements are examples.  SB 827 would further the drive for additional housing involving local zoning controls concerning densification within 1/4 – 1/2 mile of “high quality” transit.

California law defines a “major transit stop” as:

A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Opinions on SB 827 have varied tremendously.  Some Piedmont residents think the bill would be unlikely to affect Piedmont. Residents in San Francisco, including the Planning Commission, and Pacific Palisades have pointed out problems in the bill, while those interested in building convenient affordable housing, have praised the bill.  The opportunity for the State to regulate land use near transit rather than leaving land use controls to cities has been identified as a method of providing more affordable housing. 

Click on the links to learn some pros and cons on the bill.

SB 827 would spare new housing developments from certain restrictions if they qualify as “transit-rich housing.” The initial version of the bill defines such housing as “parcels […] within a a half mile radius of a major transit stop or a quarter mile radius of a high-quality transit corridor.”

“In particular, SB 827 would change two important things about transit-adjacent land use:

“Summary Opinion: SB 827 is bad legislation. Not only is it an effort to bypass local control of land uses, every time the State Legislature preempts local regulations, such as mandating density bonuses, granny flats, etc., it only results in a lower quality of life for the residents living within the local agencies’ boundaries. The only beneficiaries of SB 827 will be owners of properties located within the transit corridors defined in the bill. They will get richer, as will the politicians who sponsor this legislation, while the residents of the local agencies’ boundaries will suffer.” http://www.palisadesnews.com/index.php/2018/02/10/viewpoint-why-sb-827-is-bad-legislation/

http://www.citywatchla.com/index.php/los-angeles/15120-wiener-s-senate-bill-will-lead-to-more-displacement-and-loss-of-affordable-housing

https://www.thebaycitybeacon.com/politics/state-housing-bill-gains-political-momentum-and-local-criticism/article_a5ae9bd0-2657-11e8-83ac-03f5ed9c162a.html

The bill would exempt a project [from] maximum controls on residential density or floor area ratio, minimum automobile parking requirements, design standards that restrict the applicant’s ability to construct the maximum number of units consistent with any applicable building code, and maximum height limitations.

Via a press release, Sen. Wiener called the bill—and two other housing-related bills introduced today, one of which would mandate that cities keep more strict track of population growth and adjust housing requirements accordingly and another that would make it easier to build housing for farm workers—a necessary tool for speeding housing construction.

“After nearly 50 years of bad housing policy—policy designed to make it incredibly hard and expensive to create housing—we began the long process of righting the ship,” said Sen. Wiener.

The proposed law first goes to the State Senate’s fiscal committee for consideration.

https://sf.curbed.com/2018/3/16/17130904/san-francisco-planning-commission-wiener-housing-transit

READ SB 827 HERE. 

Mapping of potential areas impacted by SB 827 > HERE.

Mar 20 2018

At a special meeting on March 15, 2018, the City Council interviewed applicants and made appointments to fill vacancies on City Commissions and Committees.  Official Commissions and Committees are created by Council ordinance defining their function, powers, jurisdiction.  The Commission and Committee members’ attendance requirements, term length and limit are established by the Piedmont City Charter.

Drawing on the talents of twenty two applicants for thirteen vacancies, the Piedmont City Council made the following appointments:

  • Budget Advisory and Financial Planning Committee: Bill Hosler,  Michael Reese
  • CIP Review Committees: Sue Herrick
  • Civil Service Commission:  Sandra Rappaport, Michael Reese
  • Park Commission: Amber Brumfiel, Patty Dunlap
  • Parking Hearing Officer: Susan Ode
  • Planning Commission: Allison Allessio
  • Police & Fire Pension Board: Andrew Wendel
  • Public Safety Committee: Jeffrey Horner, Garrett Keating
  • Recreation Commission: Steve Roland

Some appointees are new, others have previously served.

Mar 18 2018

City Council Agenda Monday, March 19, 2018 –  7:30 p.m. City Council Chambers, 120 Vista Avenue, Piedmont, CA

Cell Towers City Price & Terms of Payment

Closed Session:  The City Council will begin at 6:30 p.m. in the City Hall Conference Room a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code §54956.8) City Hall, 120 Vista Avenue; Negotiating Parties: City and Gulf South Towers Negotiators: City Admin. & Atty; Under Negotiation: Price & Terms of Payment

(Gulf South Towers is noted as in the business of cell towers.  Click links below for more information.)

http://gulfsouthtowers.com/about-us/

http://www.buzzfile.com/business/Gulf-South-Towers-318-302-4830

b. CONFERENCE WITH LABOR NEGOTIATORS (Govt. Code §54957.6)

Regular agenda:

03/19/18 – Receipt of the Annual Progress Report on the Implementation of the City’s Housing Element

03/19/18 – Consideration of the Climate Action Plan 2.0 as Recommended by the Climate Action Plan Task Force

03/19/18 – Approval of a Resolution Adopting East Bay Clean Energy’s Brilliant 100 Plan for City of Piedmont Municipal Electrical Accounts

03/19/18 – Receipt of a Report on Updates to the City’s Facilities Maintenance Program

03/19/18 – Consideration of Fixing the Employer Contribution at an Equal Amount for Employees and Annuitants Under the Public Employees’ Medical and Hospital Care Act; AND Electing to Rescind Health Benefit Vesting Under Section 22893 of the Public Employees’ Medical and Hospital Care Act

03/19/18 – Consideration of FY 16-17 Year-End Appropriations and Carryforwards

03/19/18 – Consideration of FY 16-17 Year End Fund Transfers

03/19/18 – Consideration of the FY 17-18 Mid-Year Financial Report

03/19/18 – Consideration of a Date for a Council Work Session to Discuss Possible Amendments to the City Charter

For copies of attachments, older reports or if you have questions about this material, call the City Clerk’s office at (510) 420-3040.

Mar 17 2018

The Piedmont Police Department will begin issuing citations [tickets] for parking violations in the > Linda-Kingston-Lake-Rose Parking District on March 19, 2018. 

On January 18, 2018, the parking restrictions in the Linda-Kingston-Lake-Rose Parking District came into effect. This district, which covers portions of these streets, provides for Resident Parking only between 10:00 p.m and 7:00 a.m., 7 days a week. Since its inception, the Piedmont Police Department has enforced the provisions of the District by issuing warning citations. Attached below is a map of the Linda-Kingston-Lake-Rose Parking District. Please note that the portions of Greenbank Avenue colored green on the map are not part of the district.

Beginning the evening of Monday, March 19th, the Piedmont Police Department will begin issuing regular citations when violations of the parking regulations are observed. If you have any questions or comments related specifically to the enforcement of the Linda-Kingston-Lake-Rose Parking District you may contact Support Services Commander Lisa Douglas at (510) 420-3014 or at ldouglas@piedmont.ca.gov.

If you have questions about the formation of the district, please contact Public Works Director Chester Nakahara at cnakahara@piedmont.ca.gov or via phone at (510) 420-3050.

MAP OF DISTRICT > HERE.

Mar 12 2018

The City is flush with money, so how can it be spent?  HURRY! Your good ideas are sought by March 14th deadline for a March 15 meeting.

2018 CIP Proposal Form

The Capital Improvement Projects Review Committee (CIP) will be meeting Thursday, March 15, 2018, at 7 pm and Tuesday, March 20 at 7 pm in the Police Department Emergency Operations Center to consider and recommend CIP projects.  CIP members are:  Michael Henn, Susan Herrick, Bobbe Stehr, Jeffrey St. Claire.  The Piedmont Beautification Foundation (PBF) Representative and Piedmont Park Commission Representatives are Nancy McHugh and Jim Horner.  The Recreation Commission Representative and Council Liaison are to be announced.  The staff liaisons are Chester Nakahara and Nancy Kent.  Read the meeting agenda here.   There will be no audio or written record kept of meeting discussion or presentations. Additionally, no broadcast via the internet or cable TV will be available.

The meetings are open to the public. 

Read the March 15 agenda > here

The announcement by the City is below: 

The CIP is soliciting proposals for new projects which would enhance our community. Ideas submitted by individuals, community organizations and City staff are all considered. If you have a great idea, the committee would like to hear from you.

Proposals are due no later than March 14th at 5:00 PM. Click to download the

2018 CIP Proposal Form.

All applicants/residents that have submitted proposals will be personally invited to attend the CIP Meeting to be scheduled in March/April.  At this meeting, applicants will be asked to briefly describe their projects to the CIP Committee. The CIP Committee will then determine which projects will require a site visit.

The CIP Site Visit Tour will be scheduled for a Saturday in early May. The tour will commence at City Hall at 9:00 am and then will proceed to CIP tour stops located throughout the City. At each of the tour stops the CIP Committee will see the locations for proposed projects first hand.

At noon a working lunch will be provided at City Hall for Committee members, city staff, and interested citizens. At this working lunch the CIP Review Committee will attempt to compose their list of 2018-2019.  CIP projects that they recommend as a part of this year’s budget process. The CIP chair in conjunction with CIP Review Committee members will be asked to prepare a list of recommended projects and narrative that will be forwarded to the City Council for consideration in the budget process.

Completed forms should be returned to the Department of Public Works, 120 Vista Avenue. If you have questions regarding the CIP process, please contact via email > Nancy Kent Parks & Project Manager, or by phone at (510) 420-3064.

Mar 6 2018

Your Tree Nominations are Sought Now!

The Piedmont Park Commission will discuss the nomination process at its meeting on Wednesday, March 7 at 5:30 p.m.  Park Commissioner Jim Horner proposed the heritage trees policy to celebrate notable trees on public property.  Horner, the author of “Trees of the Berkeley Campus,” presented the proposal to the City Council at their January 16, 2018 meeting. The Council unanimously approved the designation of Heritage Trees on public property.

The Park Commissioners and staff have discussed nominating individual  trees or groups of trees located on City owned property.

Nominations for Heritage Tree designation will be reviewed by Public Works staff [and possibly a subcommittee] and presented to the Park Commission for consideration at its regular meeting on April 4 th. Trees selected for designation in 2018 will be formally announced at Arbor Day on Thursday April 19, 2018.

READ the policy and staff report HERE.

Resolved, that the Park Commission requests the public to submit nominations for Heritage Tree Program by Friday, March 16m 2018, to be evaluated, and then presented at the April 4, 2018 Park Commission meeting.

Citizens are encouraged to nominate trees or groups of trees located on City owned property.  Nominations should be promptly forwarded to Nancy Kent, Parks & Project Manager, nkent@piedmont.ca.gov or contact her at (510) 420-3064

Nomination Form > Heritage Tree Application Form 2018 

Nominations: Due by March 16, 2018

Mar 6 2018

Many public City meetings are broadcast live via the City website at > http://www.ci.piedmont.ca.us/video/ or on Cable Channel 27.  These meetings can be viewed after the meetings from video recordings found on the City website.  Many other meetings are not broadcast requiring those interested in the subject matter to be physically present to observe the meetings.

Below are a list of the City’s selection of which meetings in March 2018 will or will not be recorded and broadcast.

BROADCAST:

  • City Council March 5 meeting video can be found > HERE.
  • Wednesday March 7  Park Commission 5:30 pm Chambers
  • Monday March 12 Planning Commission 5:00 pm Chambers
  • Monday March 19 City Council 7:30 pm Chambers
  • Wednesday March 21 Recreation Commission 7:30 pm Chambers

MEETINGS NOT BROADCAST:

  • Tuesday  March 6  CIP Review Committee 7:00 pm Conference Room – (CIP Committee deliberates on which capital projects to recommend for funding by the City Council. This is an expense related committee.)
  • Thursday March 15 City Council Special Meeting 5:30 pm Conference Room Interviews of applicants for Commission and Committee Appointments. (Open to everyone but seldom observed by Piedmonters.)
  • Tuesday March 20 City / School Liaison 4:00 pm Conference Room (Representatives from the City Council and School Board discuss subjects of mutual interest as safety, facilities, etc. and return to their respective bodies to share information. Meeting is open to the public.)
  • Tuesday March 20 CIP Review Committee 7:00 pm Conference Room ( Deliberations continue on funding choices. This is an expense related committee. )
  • Thursday March 29 Public Safety Committee 5:30 pm Chambers.

All public meetings are open to the public to observe and participate. Exception: Closed Sessions.

Agendas for meetings will be posted in City Hall and the Piedmont Police Department at least 72 hours prior to each meeting.  Agendas for some Council, Commission & appointed Committee meetings are also posted online on the City website http://www.ci.piedmont.ca.us/ Copies of all agendas may be requested from the office of the City Clerk, John O. Tulloch, 120 Vista Avenue, Piedmont or by calling 510-420-3040.

Notice and agendas of special meetings will be provided by the City at least 24 hours in advance of the meeting.

Mar 2 2018

The City Council on Monday, March 5, 2018, will undertake consideration of a number of important and impactful decisions for Piedmont.

Issues include increasing City’s taxing potential (Charter change), exclusionary requirements for candidates to seek election to the City Council (Charter change), new expensive window replacement policy (Expenditure), up to $55,000 for a Special Election in June rather than waiting until November (Expenditure), short term rental parameters (Zoning considerations), Coaches Field study and contingency funding (Expenditures), labor contracts (Expenditure), new position for Fire Prevention (Expenditure).

The meeting starts at 7:30 p.m. in City Hall, 120 Vista Avenue, and will be broadcast live from the City website and on Piedmont Cable Channel 27.  The public can address any item on the agenda and during Public Forum speak to any item not on the agenda.

Staff reports for March 5, 2018 Council meeting:

03/05/18 – Consideration of an Agreement for Development of a Master Plan for Coaches Playfield with Callander Associates in the Amount of $24,985 and an Additional Appropriation of $10,000 to Fund the Project’s Contingency

03/05/18 – Consideration of the Following Actions Related to the Possible Amendment of the City Charter

a. Approval of a Resolution Proposing Amendments to the City Charter Modifying Term Limits for the City Council, Eliminating the 25% Cap on the General Fund Reserve, and Amending Sections Related to the Filling of Vacancies on the City Council and Board of Education

b. Approval of a Resolution Calling a Special Municipal Election for June 5, 2018, Requesting the Consolidation of the Special Municipal Election with the Statewide General Election, and Adding a Measure Relating to Amendments to the Charter of the City of Piedmont 

03/05/18 – Consideration of Options Regarding a Direct Argument and a Rebuttal Argument Regarding the Charter Amendment Measure on the June 5, 2018 Ballot 

03/05/18 – Consideration of Regulatory Parameters Related to the Permitting of Short-Term Rentals 

03/05/18 – Consideration of Memoranda of Understanding with the Following Labor Groups for the Period of 7/1/2017 through 6/30/2020:

a. Piedmont Firefighters Association – Captains Unit – 7/1/2017 through 6/30/2020

b. SEIU Local 1021 – General Unit – 03/05/2018 through 6/30/2021

c. SEIU Local 1021 – Public Works Unit – 03/05/2018 through 6/30/2021

 03/05/18 – Approval of a Part Time Fire Prevention Officer Position in the Fire Department for a Two Year Period

 03/05/18 – Consideration of a Resolution Amending the Interim Design Guidelines Regarding the Recess of Windows and Making Technical Corrections

The Window Guidelines have been acknowledged as not having received generalized public input considering the impact to homeowners and staff costs.

Feb 25 2018

Open House, Monday, February 26, 2018, from 6:30 – 8:00 p.m.

Piedmont Community Hall, 711 Highland Avenue

There will be a brief 15 minute Q & A session and closing remarks at 7:45 pm. Read the agenda here.

The deadline to be counted in the Climate Action Plan survey is Friday, March 2. Residents may want to have their opinions included along with the non-resident business owners, and people who work in Piedmont who have been invited to respond to the survey.

“The City of Piedmont invites residents, families, business owners, and people who work in Piedmont to review and comment on the Climate Action Plan 2.0 and CEQA Negative Declaration during a 45-day review period from January 16, 2018 to March 2, 2018. In order to facilitate public comment on the draft Climate Action Plan 2.0, an >  online survey is now available.”

Read previous articles on the survey here and here.

Feb 25 2018

Piedmont and Crown Castle agreed to refer the cell antenna lawsuit to court mediation with a March 22 date in United States District Court, Northern District of California, in Oakland. On  October 16, 2017 the City Council denied eight of the 11 cell antenna sites requested by Crown Castle.  In response, Crown Castle sued the City November 15, 2017 and Piedmont is expected to respond no later than March 9, 2018.  

Resident assesses what to do regarding cell tower issues

To the Piedmont City Council:

I encourage you to settle the Crown Castle lawsuit and approve their application. Here is my point of view for whatever it is worth to you:

1- All new technologies carry risks that have to be weighed against the benefits to our community, our State, and our Nation. Here is a comparison of common risks in the US:

– Lifetime risk of death by injuries (such by car, fall, gun fire, …) for a person born in 2014:  1 in 20 as documented by the Information Insurance Institute.

– Teenagers’ risk of injuries (treated in an emergency room) suffered in motor vehicle crashes: 1 in 25 as per Center for Disease Control.

– Lifetime risk of developing cancer due to background radiation : 1 in 100 as per the National Center for Health Research. Background radiation refers to radiation that naturally occurs in our environment and does not come from any manufactured devices, such as emitted from the earth, sun, our galaxy, and other galaxies. The vast majority of non-invasive cancers are non-melanoma skin cancers caused by non-ionizing ultraviolet radiation.

– Lifetime risk of brain cancer after 20 years of cell phone use: 1 in 200. This is the only available evaluation and an entry in the blog of Joel Moskowitz, PhD, a member of our community, Director and Principal Investigator, Center for Family and Community Health, UC Berkeley.

2- The Sutro Tower emitted TV programs at an Effective Radiated Power (ERP) of 10 Million Watt for decades (versus 730 Watt ERP for a Crown Castle antenna). A 2001 review of epidemiology studies by the San Francisco department of public health concludes as follows: “Because of weaknesses (in the peered reviewed studies), current evidence does not suggest that living near broadcast towers would lead to an increased risk of cancer”.

3- It is easy to measure the strength cell provider signals using one of the many applications available. A good one is “Network Cell Info” for Android phones. Note that -100 dBm is essentially 0 Watt, and -36dBm is 0.000,000,3 Watt. One can also test the effectiveness of the Faraday effect to shield an area by placing a flat conductive wire mesh between a cell phone and its sending tower antenna.

4-The power emitted by a cell phone during a call ranges from 1 milliWatt when reception is good to 1 Watt (a thousand time more) when the reception is poor. (The power level picked by a cell phone for a call is negotiated between the phone and the equipment attached to the cell tower antenna when the call is established. It is then adjusted during the call to maintain good communication). Transmitted energy density diminishes with the square of distance. At 1 Watt, the brain is exposed to a power density of 35 milliWatt/cm^2 (phone against the ear at 1.5 cm from skull). The additional maximum exposure to the signal transmitted by one of the proposed Crown Castle antenna is 19 microWatt/cm^2 or 1800 times less. It is quite possible that a resident who lives in an area with very poor coverage and who spends a significant amount of time on her phone at her home everyday would be exposed to less cumulative radiated energy should an antenna be installed in front of her house. Fear your cell phone more than tower antenna!

5- With regard to scientific research, studies’ reproducibility and replicability are among the main principles of the scientific method. There is an on-going crisis in research with regard to reproducibility as reported by the Journal Nature on May 25, 2016 : 70% of researchers surveyed by the Journal Nature have tried and failed to reproduce another scientist’s experiments, and more than half have failed to reproduce their own experiments.

Bernard Pech
Piedmont Resident

February 24, 2018

Editors Note:  Opinions expressed are those of the author.