Waste Management Announces Imposed Recycling Fines –

The Alameda County Waste Management Authority (the Authority) began issuing fines to non-compliant businesses and multi-family property owners still in violation of Alameda County’s Mandatory Recycling Ordinance. In Piedmont recycling and organics collection is mandatory for all businesses and multi-family buildings with five or more units.

Fine amounts can vary from $100 for a single violation to $400 depending on the number and type of violation(s). Continued non-compliance can result in additional penalties according to the ordinance that became effective went into effect on July 1, 2012. There is a 30-day appeal period that allows fine recipients to contest the citation. As of November 23, 2015 100 citation notices have been served. Inspections will continue and may result in more citations.

The purpose of the Ordinance is to reduce the amount of waste Alameda County sends to landfill and to help reach long-term waste reduction goals – specifically, to ensure that by 2020, waste sent to landfills contains less than 10% of materials that are easily recyclable or compostable. For businesses, the amount of this “good stuff” in the garbage varies by industry. In 2014, 25% to 59% of the items in businesses’ garbage containers could have been recycled or composted.  Looking at multi-family properties, an average of 46% of their “garbage” is actually recyclable or compostable.

On Tuesday, November 17, 2015, at 4:00 p.m., liaisons from the Board of Education and City Council will meet at the Piedmont Unified District Office Board Room, 760 Magnolia Avenue, Piedmont.  The public is welcome to attend and participate.  The meeting will not be recorded or broadcast.

The November 17 agenda includes discussion of:

A. Pick-Up and Drop-Off of students at Magnolia Avenue

B. Facilities Master Planning

1. School District Update

C. Trash at Piedmont Park

D. School Safety/Crisis Management

            Notice received 11/16/15

At the November 9, 2015 Planning Commission meeting, the Commissioners on a 4 – 1 vote recommended to the City Council that short term rentals (under 30 days) of homes, apartments, rooms, or second units not be allowed in Piedmont.

There were four public speakers addressing the issue.  Dr. Alicia Kalamas provided a list of problems associated with Piedmont rentals based on the AirBnB internet site that included parking, late night arrivals, numerous transient renters, and disruptions in neighborhoods. Commissioners expressed appreciation for the updated information and problems associated with short term rentals in Piedmont.

Three other speakers, two residents of Oakland and one from Piedmont, described what a broadening experience it had been to host guests from all over the world.  Those in favor of permitting short term rentals emphasized the ability to increase their income and lower their homeowner costs.

Four of the commissioners,  Chair Tony Theophilos, Vice Chair Eric Behrens, Phil Chase, and Susan Ode came to the conclusion that short term rentals did not comply with Piedmont’s residential character as stated in the General Plan and Housing Element nor zoning ordinances.  Further, they noted the insertion of a commercial, motel/hotel, facility within residential zones would not be supported by existing laws.  They were concerned over parking, public safety demands, incompatibility with neighborhood character, need for extensive staff to oversee rental compliance, transfer of permanent housing to short term use, and commercial ventures not in compliance with the Piedmont Home Occupation ordinance.

Commissioner Zhang had a different opinion, believing that times had changed and the internet is a primary source of information and resources.  He felt Piedmont should change with the times and allow short term rentals.

The Planning Commission recommendation to not allow short term rentals will now go to the City Council for final action.  The meeting date has not been set.

Possible restrictions of AirBnB online type rentals presented by City staff for consideration by Piedmont Planning Commission  – 

“At the direction of the City Council, the Planning Commission will consider modifications to the Municipal Code to address short term rentals of fewer than 30 days. Staff will introduce and the Planning Commission will review specific modifications to the Municipal Code. After hearing testimony from the public and a discussion, the Planning Commission will make a formal recommendation to the City Council.”

Planning Department recommendations to the Planning Commission are not published on the City website, however those interested can attend the meeting and/or contact the Planning Department for specifics of proposed actions.  The staff report is 140 pages long.

The agenda item will be considered, as follows:

1. Open the public portion of the hearing, provide all members of the public with an opportunity to be heard, and discuss the proposed Municipal Code amendments; and

2. Recommend adoption, with appropriate Code section numeration, a version of one of two proposed Code amendments to the City Council:

A. Code amendments (shown in red line) that permit short-term rentals with some restrictions as shown in Exhibit 1, pages 7 – 39, or a version thereof; or

B. Code amendments (shown in red line) that prohibit short-term rentals as shown in Exhibit 2, pages 41 – 70, or a version thereof.

The Commission may recommend adoption of Code amendments as proposed in Exhibit 1 or Exhibit 2. Alternatively, the Commission may recommend adoption of Code amendments with modifications identified at the hearing and specified in the motion for recommendation.

The meeting will be broadcast via Cable Channel 27 and also on the City website under videos.  All actions by the Commission are recommendations to the City Council who will make final decisions on the matter.

The meeting starts at 5:00 p.m., Monday, November 9, 2015, 120 Vista Avenue, in the Council Chambers.  Recently, Former Planning Commissioner Eric Behrens was appointed a regular Commissioner and Tom Ramsey is the new alternate Commissioner. 

For further information on the staff report contact:

Voters choose “No” 55.06% to 44.94% defeating Proposition F, an initiative to prohibit short-term rentals of Second Units and permit enforcement through resident legal action. What will Piedmont decide?

The San Francisco Bay Area is world famous as a desirable travel and vacation location, making Piedmont a sought after lodging area with proximity to the University of California, Oakland and San Francisco. 

While the Piedmont Planning Commission and City Council consider what to do about the AirBnB type short-term rental issue, San Francisco’s voters have settled it in San Francisco by their vote on Tuesday, November 3, 2015.  The election was watched not only in San Francisco, but throughout the world. 

San Francisco allows second units to be rented for short-terms for up to a total of 90 days per year. Proposition F intended to completely prohibited short-term rentals of second units. It also would have reduced all other short-term rentals from a limit of 90 days per year to a maximum of 75 days per year.

Ballot language:

Measure F Short-Term Residential Rentals — City and County of San Francisco 

Shall the City limit short-term rentals of a housing unit to 75 days per year regardless of whether the rental is hosted or unhosted; require owners to provide proof that they authorize the unit as a short-term rental; require residents who offer short-term rentals to submit quarterly reports on the number of days they live in the unit and the number of days the unit is rented; prohibit short-term rentals of in-law units; allow interested parties to sue hosting platforms; and make it a misdemeanor for a hosting platform to unlawfully list a unit as a short-term rental? Yes or No

Ballotpedia explained Prop F:

The initiative was motivated by and targeted websites such as Airbnb and Homeaway, which feature rental listings nation- and world-wide. It was proposed by a coalition of unions, land owners, housing advocates and neighborhood groups called Share Better SF. In the interest of easy enforcement, the initiative would focus on penalties for websites that post rental listings that do not comply with city law, as well as punishing individual home owners or sub-leasers. The fines proposed for websites featuring illegal posts range from $250 to $1,000 per day for each non-compliant post. Estimates show the fines for a website such as Airbnb could add up to millions of dollars unless a way was found to keep listings in accordance with city law.

Opponents of Prop F focused their advertisements on the proposition’s implementation strategy,”authorizing private action lawsuits by “interested parties”—defined as anyone living within 100 feet—against those suspected of violating the law.”  Proponents found that enforcement of the current 90-day limit had been inadequate. 

Final campaign financial reporting is not complete, however AirBnB had spent over $5 million to proponents’ $300,000.  Mayor Ed Lee and Former Mayor, now Lieutenant Governor, Gavin Newsom opposed the measure, while Senator and Rormer Mayor Dianne Feinstein, and Former Mayor Art Agnos supported Measure F.

Change in Piedmont Bus Service.

The public is invited to attend public hearings November 11, 2015, 2:00 p.m. and 5:00 p.m. on the changes to Piedmont’s Bus 11 and other local buses. (Read about the plan here.) Written comments on the proposed changes may also be submitted.  (see How to Comment below.)

2015 Service Expansion Plan

Notice is hereby given that the AC Transit Board of Directors will hold Public Hearings on Wednesday, November 11, 2015 at 2:00 p.m. and 5:00 p.m. at the AC Transit General Offices, Second Floor Board Room, 1600 Franklin Street, Oakland, California, to receive public comment on the 2015 Service Expansion Plan, as more specifically described in the Public Hearing Notice and Notice of Intent to Adopt a Negative Declaration and in the Draft Initial Study/Negative Declaration prepared for the Project.

How to Comment

Public Comment is invited either in writing or at the Public Hearings.  The public is urged to submit written comments by letter, facsimile, or email, which must be received no later than Monday, November 9, 2015 at 5:00 p.m., in order to be copied and provided to the Board of Directors for review.  Written comments will receive the same attention as verbal comments received at the Public Hearing.  Please address written comments to the AC Transit Board of Directors, 1600 Franklin Street, Oakland, California, 94612, by facsimile at (510) 891-7157, or by email to planning@actransit.org.  Comments may also be submitted by voicemail at (510) 891-7201.  For Spanish-language comments, call (510) 891-7291; and for Chinese-language comments, call (510) 891-7292.

Spanish and Chinese foreign language interpreters will be available at the hearings.  Upon request, a sign language interpreter or other non-English-language interpreters can be provided, if needed.  Please contact the District Secretary’s Office at (510) 891-7201 by Thursday, November 5, 2015 at 5:00 p.m., to make arrangements.  For TDD for hearing impaired, call 711, California Relay Service, and specify (510) 891-4700.

PUBLIC HEARING
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
November 11, 2015 at 2:00 p.m. and 5:00 p.m.
AC Transit General Offices
Second Floor Board Room
1600 Franklin Street
Oakland, California

The Piedmont Park Commission will meet on Wednesday, November 4 at 5:30 p.m. in the City Council Chambers, located in City Hall, 120 Vista Avenue.

Once more the Commission will discuss and review the issue of the Dracena Park off-leash dog area.  To date there have been differing opinions on how the upper grassy area and redwood dell of Dracena Park should be used.  The public is welcome to provide input to the discussion. The meeting will be broadcast on Cable Channel 27 and via the City of Piedmont website.

At a later time, the Council will consider any changes recommended by the Park Commission.

Since 2010, 13 top Piedmont administration positions have undergone a turnover.  

The turned over positions are:

City Administrator

Fire Chief

Police Chief

Public Works Director

Finance and Human Resources Director

Recreation Director

City Clerk

Planning Director

Parks and Project Manager, Public Works 

City Attorney (Outside Contract)

City Engineer (Outside Contract)

Recording Secretary (No replacement)

Building Official

Current  > City Directory 

Personnel Changes and a New Position –

Recently announced personnel changes include the retirement of Mark Feldkamp, Parks and Project Manager in the Public Works Department, Kate Black, Planning Director, and Erick Cheung, Finance and Human Resources Director, who was hired March 6, 2013.   Feldkamp, a 20-year employee, will be replaced by Nancy Kent. Black, a 17 year employee, will be replaced on an interim basis by Kevin Jackson, Senior Planner. Cheung’s replacement has not been announced. 

The latest personnel changes come as the City is faced with renewing the Municipal Services Parcel Tax, considering new planning laws, completing Hampton Field improvements, funding employee pension and health care costs, improving IT systems, maintaining facilities, and evaluating recreational needs.

City Administrator Paul Benoit has recommended splitting the position of Finance and Human Resources Director.   A personnel search for Cheung’s replacement has been noted as a priority and is scheduled to be considered on the November  2 Council agenda.

Recommendation from City Administrator Benoit:

“Change in Responsibilities of the Position To ensure that the City attracts a broad and strong pool of municipal finance professionals, I would propose, with City Council authorization, to redefine the job description of the Finance / Human Resources Director position to eliminate the focus on human resources (HR). As such, I would propose recruiting for the position of Finance Director. At the same time, I would propose creating a new classification to absorb some of the duties currently handled by the Finance/HR Director. The exact title, duties, and reporting structure of this new classification will be determined as the process moves forward and will be brought to the Civil Service Commission for approval. I would assign Stacy Jennings, who currently serves much of the day to day human resources work to the new classification.

“Should the City Council approve this direction, I would suggest that we actively pursue recruitment for a Finance Director and, on a parallel track, make the necessary adjustments to the affected position descriptions. Also, Mr. Cheung and I have been meeting with a retired municipal Finance Director who is interested in and capable of serving the City in an interim role while the recruitment is in process. I will conduct additional background research on the individual and, depending on the results of that research, will propose a professional services contract for Council consideration.”

Read the staff report.

The Council has not yet addressed the long term financial impact of adding an additional administrative position.

Allocation of $500,000 at November 2 Council meeting. – 

In 2009 and 2010 revelations from the staff showed costly overruns for the private underground utility district that became a $2.5 million City expense.  Lawsuits ensued with the City recently receiving a settlement of $500,000 for the engineering work of Robert Gray and Associates. City legal action against the engineering firm Harris and Associates continues.

There has been no mention of returning the $450,000 taken from the PG&E Piedmont 20A undergrounding reserves. (Read PCA articles explaining 20A funds  here and Council candidate positions on the $450,000 taken from the 20A PG&E reserves here. Read all PCA articles on undergrounding here.

“20A Districts: 20A funds are provided by PG&E to the City of Piedmont through a requirement in the Public Utility Code which annually sets aside a portion of PG&E revenue for each utility jurisdiction. 20A funds are restricted in use and intended for undergrounding arterial streets. Primary arterial streets such as Highland Avenue, Grand Avenue, and the Civic Center block of Vista were completed using 20A funds.   In the 1980’s the Piedmont City Council designated all of the City’s 20A funds for undergrounding Grand, Moraga, and Oakland Avenues. The undergrounding of Grand Avenue was completed and paid for using 20A funds.  The undergrounding of Moraga and Oakland Avenues has not yet been accomplished.  After 2002, the City Council changed its policy and began the practice of using 20A funds to assist private undergrounding (20B) projects – specifically, the Piedmont Hills, Central Piedmont, and Sea View Avenue Undergrounding Districts.” PCA article 

Details: July 2, 2007 minutes, at page 3-4; July 7, 2007 staff Report, p. 3. May 7, 2007 staff report, p. 3; May 7, 2007 minutes;

Staff report on $500,00 allocation:

“On July 6, 2015 the City Council executed a settlement agreement with Robert Gray & Associates (RGA) for $500K to settle claims related to the creation and construction of the Piedmont Hills Underground Assessment District. The payment was received by the City in August and credited to the City’s General Fund reserves. In keeping with the Council’s prior decision to allocate one-time excess reserves to address needs, staff is recommending that the funds be transferred to the Facilities Maintenance Fund. This does not appropriate the funds in the Facilities Maintenance Fund to any specific project or use, which the Council can do at a future meeting or during the budget process.”  Read the staff report.

Council – 

Mayor Margaret Fujioka started her service as a council member in 2008 and Vice Mayor Jeff Wieler returned to the Council early in 2010. Newer members of the Council are Teddy King, Bob McBain, and Tim Rood.  At the next municipal election in November of 2016, Fujioka’s seat will become vacant when she will be termed out. McBain can run for re-election in 2016 for another four year term.  Wieler will have two more years remaining in his second term; in 2018 his seat will become vacant.  Rood and King’s terms expire in 2018.  Both can seek re-election.

By City Charter, a regular Council term last four years.  Individuals can serve for two consecutive terms, and may seek re-election to additional terms after retiring for 4 years.

The November 2, 2015, Council meeting begins at 7:30 p.m. in the Council Chambers City Hall. The meeting will be broadcast on Channel 27, KCOM and on the City website.  Agenda.