New on the Piedmont Civic Association Website

Jul 28 2016

OPINION: Proposed Zoning Changes Give Away the Farm

Objections to proposed zoning regulations are voiced in letters to the Piedmont Planning Commission by Piedmont resident. 

Subject: 7/26/16 Planning Commission Study Session

My name is Don Dare. My wife, Dianne, and I live at XXX* Wildwood Avenue, and have done so for the past thirty four years. Our Zone A property shares a boundary with the Zone D property which currently is the Shell station at 29 Wildwood Avenue. I and a group of my neighbors attended the Planning Commission Special Session held on 7/26/16 to discuss City Code Chapter 17 modifications. We were, and continue to be concerned about the proposed modifications to the Zone D regulations, specifically those concerning building height, lot coverage, and parking space requirements. These modifications propose a 40’ height limit, no lot coverage restrictions, and a severely reduced parking space requirement.

At this meeting, Planning Director Kevin Jackson stated that there were 19 parcels in Piedmont that are in Zone D. He said that of these 19 parcels, only one would be a likely candidate for mixed use development in the years or even decades to come. That is the parcel at 29 Wildwood Avenue. He also stated that under the existing code, the mixed use development proposal for this site, submitted for discussion last year, (by ex­ Planning Commissioner David Hobstetter and Shell owner Jeff Hansen), could not be built. It therefore appears to me that the proposed modifications are being made to accommodate these would-be developers and their project, as no other mixed use development is anticipated for some time, if ever.

Mr. Jackson displayed photo examples of mixed use development on Grand Avenue and Lakeshore Avenue in Oakland, and Solano Avenue in Albany. These photos depicted streets which for a block or more were lined with retail on both sides. These examples in no way compare with the site at 29 Wildwood, a stand­ alone triangular parcel that either abuts or faces Zone A single family neighborhood homes on two of its three sides.

As the discussion concerning these modifications proceeded, Commissioner Theophilos said that there should be no modification to the existing code, and if need be, the General Plan should be modified to remove the need for any such modifications. He stated that this type of development should be constrained. Alternate Commissioner Jajodia expressed the opinion that the proposed modifications were “giving away the farm.” Commissioner Zhang pointed out that the Grand Avenue and Civic Center locations are unique, and not easily covered by one set of regulations, and suggested creating code for each. Commissioner Behrens found the various lot coverage scenarios confusing. Commissioner Ramsey expressed the need to minimize the impact on adjacent neighbors. Full support for the modifications was given only by Commissioner Ode, who stated that this was not a one property issue, (which it actually is), and eagerly supported all modifications without reservation.

Despite the obvious lack of consensus among the Commissioners and the repeated and ongoing protests by property owners who live in the immediate neighborhood, it appeared at the end of the meeting that the proposed Zone D modifications were given back to Mr. Jackson largely unchanged. The Commission’s discussion of these modifications included little or no reference to concerns expressed by the public. The concerns and issues expressed by Commission members appeared to fall victim to time constraints, as 7:30 p.m. came and went and became time to wrap it up.

I would urge you to continue discussion of this difficult and complex topic at your next meeting. Giving away the farm is not the best solution when the perceived motivation is to accommodate the financial viability of a specific project for a specific developer at a specific site.

Thank you, Don Dare, Piedmont Resident

Comments ­ Part 2

My name is Don Dare. My wife, Dianne, and I live at XXX* Wildwood Avenue, and have done so for the past thirty four years. Our Zone A property shares a boundary with the Zone D property which currently is the Shell station at 29 Wildwood Avenue.

At the subject Study Session, it was established by comments from Kevin Jackson, Planning Director, that the proposed changes to Chapter 17 Zone D regulations were being made primarily to accommodate mixed use development of 29 Wildwood, as no other Zone D parcels were likely candidates for development for many years or even decades.

Per the Piedmont Post article printed following the 7/6/15 Study Session regarding the proposed mixed­ use development at 29 Wildwood, Investor David Hobstetter claims his project can’t proceed without assurances from the City that they will grant variances that far exceed the code for anything currently existing in Piedmont. Mr. Jackson confirmed this at the 7/26 Study Session, saying that under the current code, the proposed project could not be built. Jackson therefore proposed an increased height limit to 40’ and removal of all lot coverage restrictions.

I have included a photo representation of the impact that a 40’ tall building covering the lot to the sidewalk would have for me. The photo was taken from my front porch and is looking southwest. Aside from the obvious negative aesthetic impact and loss of view, this wall would deprive me of several hours of direct sunlight every day for the 6 months a year that the sun would set behind it.

I am hard pressed to imagine how the Planning Commission can reconcile approval for such a monstrosity, or the code which would allow it, with providing me the protection to which I am entitled under Zone A code. To further assist your decision making regarding the proposed Zone D code modifications, I have included quotes by David Hobstetter, a well­ regarded proponent of the positive effects of daylighting and natural light who is also an ex­ Planning Commissioner, and a principal in the proposed development.

Thank you for your consideration, Don Dare, Piedmont Resident        Date: July 28, 2016

Dare’s further comments: ______________

Let The Sun Shine in: The Value of Daylight    Excerpts..
By Susan Bloom

According to David Hobstetter, a Principal at San Francisco ­based KMD Architects, “Regular contact with daylight promotes circadian stimulation, regulating physical and mental function through our natural responses to the rhythms of light,” and helps to minimize the incidence of “cardiovascular problems, immune dysfunction, cognitive and functional deterioration and depression. Exposure to full­ spectrum sunlight further enables us to synthesize vitamin D, which promotes strong nerve and muscle functioning as well as cell growth regulation.”

He adds: “Optimizing the use of daylight also has enormous potential to provide energy savings—electric lights can be turned off when sufficient daylight is available, cutting lighting and cooling costs dramatically.” For example, he shares, “The CEC estimated that incorporating skylights with automatic daylight sensors into all new educational buildings would save the state of California up to $7 million dollars in energy costs each year.”

Overall, Hobstetter concludes: “Windows that admit daylight and provide an ample and pleasant view can dramatically affect mental alertness, productivity and psychological well­ being.”

*Address numbers have been removed in the interest of privacy.

Editors’ Note:  Opinions expressed are those of the author. 
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Jul 27 2016

Public Safety: Disaster Prep and Police Chief Report

Public Safety Committee Meeting, Thursday, July 28, 2016, 5:30 p.m. – City Council Chambers, 120 Vista Avenue. 

Agenda includes:

  • Public Forum: an opportunity for members of the audience to speak on an item not on the agenda.
  • Discussion of Distribution of > Get Ready, Piedmont Guides and Checklists
  • Discussion of October 15, 2016 Disaster Preparedness Event 
  • Discussion of Chief Goede’s Opinion Piece in the July 20th Edition of the Piedmont Post Entitled “Piedmont Police Department and Recent Tragic Events”

____________

DRAFT PUBLIC SAFETY COMMITTEE
Regular Meeting Minutes for Thursday, May 26, 2016

A Regular Session of the Piedmont Public Safety Committee was held on May 26, 2016 in the City Hall Council Chambers at 120 Vista Avenue, Piedmont.

Committee Members: Lori Elifant, Garret Keating, Sue Lin, Lyman Shaffer, Andrea Swenson, Lynne Wright, Police Chief Rikki Goede, and Fire Chief Bud McLaren Absent: Ryan Gilbert
There were no speakers for the public forum.

The Chair introduced Lynne Wright and Lori Elifant as new Committee members. They each provided brief descriptions of their backgrounds as they related to the Committee’s responsibilities under its charge.

The Committee reviewed the schedule of meetings through March, 2017 and confirmed the dates by consensus.

Chief Goede provided an update on the implementation of the AC Alert emergency notification system. It appears that signup for the system is consistent with the CodeRed system that it replaced. It was noted that Piedmont had more signups than any other city. It does not appear that there is any need for action by the Committee at this time but a more detailed briefing by Lisa Douglas will be scheduled for the July meeting.

Chairman Shaffer reported that Ace Hardware conducted a sale of earthquake supplies at a discount for Piedmont residents. The sale was well advertised in the POST and Piedmonter, as well as the Civic Association and the Portal. However, Ace management described the sales as less than expected. The Committee agreed that the idea had merit, and we should look for other opportunities in the future.

Chairman Shaffer and Chief McLaren reported on the May 14 Fire Extinguisher training event. They found that the event was poorly attended probably due to a lack of earlier promotion as it got very limited press coverage. Chairman Shaffer reported that many of those who attended were from recent neighborhood meetings where the event was promoted. The Committee felt that this activity had merit and should be explored in the future possibly as part of another activity.

Chairman Shaffer reported on his submission of the Committee’s annual report to the City Council on May 16. Committee members had previously reviewed the report and were encouraged to watch the presentation on KCOM.

Chief Goede reported on her presentations on sexual harassment and related matters to the entire student population of Piedmont High School. Unlike prior presentations which were done in assembly format, these were done on a classroom basis which resulted in over 20 sessions. This gave students an opportunity to ask questions and better understand consequences for inappropriate behavior. This was a joint effort with the PUSD management and was well received.

Chairman Shaffer reported that over 500 Get Ready, Piedmont Guides have been distributed, and an additional 500 have been printed. Over 700 of the supporting checklists have been distributed. Distribution was done through neighborhood meetings, promotion to existing neighborhood organizations, and pickup at the Police and Fire Departments. The Committee discussed other distribution ideas with the caveat that distribution should be limited, as much as possible, to Piedmont residents due to the cost involved. The Committee suggested that the Public Works and Recreation Department counters might offer additional distribution venues. Chairman Shaffer agreed to follow up on this.

Chairman Shaffer reported that 10 neighborhood public safety meetings were conducted in 2015. To date in 2016, there have been 6 Map Your Neighborhood (MYN) meetings and two general disaster preparedness meetings with one MYN meeting scheduled for early June. At this time, there are about 10 good possibilities for MYN meetings.

The Committee discussed ways to promote neighborhood meetings. Sue Lin suggested using Piedmont CONNECT as a means to reach out to residents. Garrett Keating agreed to provide the contact information for that group. Chairman Shaffer discussed providing a description of MYN to those seeking block closure permits for the 4th of July. A sample was provided to the Committee as part of the meeting package, and the Committee agreed by consensus that it should be provided to Public Works which Chairman Shaffer agreed to do.

Chief McLaren advised that, as discussed in the March meeting, the event is scheduled for October 15. He was able to reserve the county earthquake/fire trailer for that date. The Fire Department plans to staff the trailer and to also provide fire extinguisher training. They also plan to do “sidewalk CPR” training which is very brief and doesn’t involve certifications. There will also be a jumpy house for kids.

The Committee discussed other options. They agreed that PG&E electric and gas safety exhibits have been very well received in the past. Chairman Shaffer agreed to follow up with PG&E. Lori Elifant advised that she had been involved in a couple of game activities at a similar event in Emeryville and agreed to explore those activities. Garrett Keating offered to contact someone who promotes solar cooking to see if they would participate. Lynne Wright agreed to pursue food options that could support the event.

The Committee also agreed that it would staff a table to distribute the Get Ready, Piedmont Guide and supporting documents as well as promote neighborhood meetings. A subcommittee was appointed to work out the logistics of this event. Chairman Shaffer designated himself, Lori Elifant, Lynne Wright, and Andrea Swenson but later substituted Chief McLaren for Andrea Swenson as he was responsible for most of the activities.

The Committee agreed that the event needs to be well promoted in advance. In addition to approaching newspapers, the Civic Association, and the Piedmont Portal, the Committee discussed using Nextdoor to promote the event. The major reservation was the concern that this would attract a significant number of nonresidents which might impose a logistical and financial burden. Garrett Keating agreed to approach Nextdoor to determine if information could be restricted to Piedmont residents only.

Chief Goede reported that crime continues to decline but that they have observed an increase in street robberies involving young suspects. These are occurring primarily in Oakland and were increasingly directed at people getting off buses or BART at the end of the day when people weren’t as alert. She pointed out things that people could do to reduce their vulnerability such as not talking on their cell phones while walking, being alert and making eye contact with suspicious people. She particularly expressed the need for people to be able to provide good descriptions to police. The Committee felt it would be useful to provide that information to residents via the Safety Tips column that appear weekly in the POST. Chairman Shaffer and Chief Goede agreed to collaborate on that.

There being no further business, Chairman Shaffer adjourned the meeting at 6:57 p.m.

Jul 25 2016

AirBNB Home on Sharon Avenue Robbed by Imposter

Piedmont Police captured ELISEL JESUS NAVARRO
Hispanic male, 18 years old, 5’10”, 160 lbs., a resident of Hayward for fraudulently using a false identity to rent and steal property from an AirBNB home* on Sharon Avenue in Piedmont.

Press release is below:

DATE: July 25, 2016

On July 23, 2016, at 11:20 a.m., the Piedmont Police Department was notified of a possible fraudulent transaction utilizing AirBNB for a residence in the 0-100 block of Sharon Avenue, Piedmont.

The victim reported a subject, later identified as ELISEL NAVARRO, had used stolen personal identifying information to fraudulently rent out the victim’s residence. The victim provided NAVARRO with access to the residence keys prior to approval from AirBNB. The victim requested police assistance after being notified by AirBNB of reservation denial.

Piedmont Police observed NAVARRO throwing a bag of stolen jewelry out of the victim’s residence window. NAVARRO then attempted to flee upon seeing the police but was captured a short distance away. NAVARRO was found in possession of stolen property from a reported auto burglary that occurred in San Ramon the previous day. NAVARRO was interviewed and told officers he had knowingly purchased the personal identifying information of another person to fraudulently use in his attempt through AirBNB.

NAVARRO was booked for burglary, forgery/fraud, possession of methamphetamine, and resisting arrest.

NAVARRO has prior arrests in Alameda County for residential burglary, auto theft, and drugs.

Anyone with information regarding this case or the suspect are asked to contact Detective Robert Coffey at (510) 420-3010.

*Editors’ Note:  The Piedmont Planning Commission recommended to the City Council in 2015 that rentals such as AirBNB not be permitted in Piedmont.  The Piedmont City Council scheduled consideration of an ordinance concerning the rentals for September 2015, however, the Council delayed action on the matter, and has yet to adopt an ordinance. 

Currently, AirBNB like rentals are not considered compliant with Piedmont ordinances.  No announcements have been provided on when further consideration of the matter will be undertaken by the City Council.  When consideration is announced, it will be published on this PCA website. 

Jul 23 2016

ZONING: Controversy and Cleanup: Special Meeting, Tuesday, July 26

Every home, apartment, commercial property, and public property in Piedmont is potentially impacted by the broad proposals before the Planning Commission.

Changes of use in the public zone, reduced parking requirements, buildings permitted in setbacks, reduced setback requirements, new descriptions of zone uses, changes in lot coverage requirements, etc. have or will be considered by the Planning Commission as they review staff proposals prior to making recommendations to the City Council, the deciding body.  The changes proposed are entirely too numerous to be listed here; however at the end of this article is a list of official documents related to the proposals.

The proposals currently being considered by the Planning Commission call for a new description of Piedmont’s predominate zones, the single-family residential zones, A and E.

The Planning Commission thus far has undertaken consideration of proposals at the end of their regular meetings. Typically, there have been few, if any, public participants at these meetings. The proposals are lengthy, fragmented and, likely, difficult for the average resident to follow. Awareness of government requirements generally only occur when property owners attempt to build a project or when a neighbor builds or proposes a project.

Piedmont’s foundational law is the Piedmont City Charter < .  Piedmont is a Charter City, and, as such, is governed differently than California General Law cities.

Piedmont’s original Charter intent was to maintain Piedmont as an independent residential city and to control commercial development within the city. To preserve Piedmont’s residential character,  a key provision was included in the Piedmont City  Charter  < requiring any change of classification or reclassification of zones to be done only with voter approval.

The Zoning System as outlined in Piedmont’s  City Charter states:<

“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.”  Emphasis added.

Use change in ZONE D – PIEDMONT’S COMMERCIAL ZONE

During planning processes and action by the City Council Zone D was reclassified by expanding its uses to incorporate the use of Zone C multiple units/apartment/multi-family units.   Zone D is better know as Piedmont’s business or commercial zone. Expanding the use of Zone D to include the Zone C multi-family usage was done by the City Council without voter approval in 2013.   An explanation or legal justification for this relaxed interpretation of the Charter requirement has not been provided.  If a legal interpretation is provided, it will be printed on this website.

The test, if any, on voter avoidance for Zone D, will likely occur only through legal action brought by unhappy neighbors to Zone D development projects. Recently, residents near the Shell Station on Grand Avenue at Wildwood Avenue objected to development proposals presented to the Planning Commission and City Council at a unique joint meeting to hear a presentation from an architect and developer of the property.  Many of the proposed regulations relate directly to this property in Commercial Zone D.

Some Piedmonters encouraged the change of use in Zone D and have accepted the lack of voter approval because of a desire for more housing in Piedmont.  Perhaps, most voters in Piedmont would agree to the change, if given an opportunity to cast a vote per the Charter language.

Zone D has always permitted single-family homes in the zone.  Based on the Council’s pre-emptive use change in Zone D, new rules are proposed.

The Planning Commission will consider changes to the Zoning Code Chapter 17 on Tuesday, July 26, 5:30 p.m – 7:30 p.m.  The meeting will be broadcast live on Channel 27 and from the City website.  

The July 26 Special meeting at City Hall in the Council Chambers will be the first meeting that is separate from routine Planning Commission matters.  This meeting includes rules for Zone D, the commercial zone and how development can be permitted on commercial properties.

Some of the recommendations for Zone D include:

  • reduction on the number of parking spaces required
  • requirements for only housing on the second floor of commercial buildings
  • zero setbacks in the zone
  • setbacks only when adjacent to Zone A the single-family zone
  • reduction on the size of a parking space
  • increase in the height of a building from 35′ to 40′
  • etc.

Read > agenda for the Planning Commission’s special meeting scheduled for Tuesday, July 26, 2016.

Read the full  >  staff report for the July 26th Planning Commission meeting.

You can submit comments to the Commission by sending an email to kjackson@ci.piedmont.ca.us or on paper to the address: Kevin Jackson, AICP Planning Director, City of Piedmont,  120 Vista Avenue, Piedmont, CA 94611    (510) 420-3039   Fax: (510) 658-3167

To read all of the staff produced documents, click items on the list below. These are links to various documents related to the proposals and are found on the City website. You can find ongoing information on this project by visiting the City’s website.:

Staff Reports, in chronological order:

Follow this link to find the Minutes for the above Planning Commission meetings.

City provided information is below:

“In 2012, the Planning Commission began to have discussions about revisions to Chapter 17 of the Municipal Code, otherwise known as the Zoning Code (Code). These discussions followed and were partially in response to a 2009 comprehensive update of the Piedmont General Plan, which included some goals and actions that necessitated some revisions to the Zoning Code. There are many reasons to make amendments to Chapter 17. Some revisions are mandatory in order to stay in compliance with the General Plan and Housing Element. Other revisions are voluntary but equally important to improving planning services in the city.

The first two of five planned phases of revisions were completed in 2012 and 2013. To achieve the goal of completing phases III and IV of Zoning Code revisions, the Planning Commission will be holding discussions about a variety topics related to potential revisions to the Code during its regularly scheduled meetings beginning in March 2016. Ultimately, and if things go as envisioned, the Planning Commission will be asked to make a recommendation to the City Council to adopt Zoning Code changes before the end of 2016.

During this process there will be multiple opportunities for public input, and staff will continue to try to reach out to as many Piedmonters as possible.

Staff has already assembled a list of residents who wish to receive notices and staff reports directly via email. Anybody who wishes to be added to the list may contact the planning office by contacting Planning Director Kevin Jackson atkjackson@ci.piedmont.ca.us or (510) 420-3050.

Jul 23 2016

School Bond Measure: Ballot Argument Deadlines for November 8, 2016 Election

  • School Bond Measure Deadlines –

  • Wednesday, August 17, 2016:   Last day to File Direct Arguments For/Against a Measure for the November 8, 2016 General Election 

  • Monday, August 22, 2016:     Last day to File Rebuttal Arguments For/Against a Measure for the November 8, 2016 General Election 

Guidelines for arguments > here.

Guidelines for ballot measures > here.

Piedmont Unified School District information:  Click below.

http://www.piedmont.k12.ca.us/wp-content/uploads/2016/06/21-2015-16-Calling-Bond-Election.pdf

Ballot arguments related to the Piedmont Unified School District ballot measure must be filed with the Alameda County Registrar of Voters.

Editors’ Note:  The Piedmont Civic Association does not support or oppose ballot measures.  Information on the ballot measure is welcomed and can be sent to editors@piedmontcivic.org. 
Ballot Measure Argument Deadline Wednesday, August 17, 2016
Ballot Measure Rebuttal Argument Deadline Monday, August 22, 2016
Public Examination Period Monday, August 15, 2016 through Thursday, September 1, 2016
Jul 20 2016

Jonathan Levine Chosen to Fill Council Vacancy

Experienced Commissioner Appointed –

At its special meeting July 19, 2016, the Council appointed Jonathan Levine to fill the vacancy on the City Council created by the resignation of Margaret Fujioka. Mr. Levine will serve until the results of the November 8, 2016 General Municipal Election are certified.

Jonathan Levine - Girard Gibbs

Jonathan K. Levine is an attorney and co-founding partner of Pritzker Levine LLP.  <  He is a current member of both the Piedmont Park Commission and the Piedmont Civil Service Commission.  Levine is also a member of the Aquatics Master Plan Steering Committee. He previously served on the Piedmont Planning Commission and the Piedmont Environmental Task Force.

For additional information, contact City Clerk John Tulloch at 420-3040.

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Jul 17 2016

Now Open: Filing for City Council and School Board Candidates

Nominations for City Council and School Board

Open – Monday, July 18th

End – Friday, August 12th 5:00 p.m.

City Council and School Board Candidate Deadlines –

The City of Piedmont will hold its General Municipal Election on November 8, 2016.

The nomination period for the two vacancies on the Piedmont City Council and three vacancies on the Board of Education opens on Monday, July 18th. The deadline for submitting completed paperwork is Friday, August 12th at 5:00 p.m. There is no cost to candidates to file for election.

The City Council and Board of Education are Piedmont’s two elected bodies and guide the operation of City government and the Piedmont Unified School District respectively. Members of these bodies may serve a maximum of 2 four-year terms.

The California Elections Code requires that nomination papers be issued in person to the prospective candidate at City Hall. It is strongly recommended that residents wishing to take out or return candidate paperwork set at an appointment with the City Clerk. This ensures prompt service for the candidate and allows the Clerk to devote their full attention to the process. Residents without appointments will be seen on a time available basis and may be subject to interruption.

The important Guide to Nomination and Candidacy is available for residents to review online by clicking above.

Residents with questions about the process or wishing to make an appointment can call the City Clerk’s office at (510) 420-3040.

For futher information click: > http://www.ci.piedmont.ca.us/html/govern/staffreports/2016-07-05/november_election_procedural.pdf

Editors’ Note:  While welcoming information, the Piedmont Civic Association does not support or oppose candidates for public office. 

Jul 15 2016

All Way Stop Signs Proposed at 10 Piedmont Intersections

Crosswalks and Stop Signs on the Agenda

A proposal to improve public safety at Piedmont “known problematic intersections” will be presented at the City Council meeting on Monday, July 18 at 7:30 p.m..  The Council will consider the installation of crosswalks and “All Way Stop Signs” at 10 Piedmont intersections to improve pedestrian and traffic safety. In some cases neighbors have been asking for these safety measures for years. The 10 proposed intersections are considered the highest priority and were vetted by the Police Department and the Public Works Department.

The intersections with significant pedestrian and traffic conflicts are:

  • Magnolia, Nova and Wildwood Avenues
  • Magnolia and Park View Avenues
  • Magnolia and Jerome Avenues
  • Magnolia and El Cerrito Avenues
  • Wildwood and Prospect Avenues
  • Wildwood and Highland Avenues
  • Mountain and Dormidera Avenues
  • Hampton Road and Sea View Avenue
  • Hampton Road and Glen Alpine Road
  • Blair and Scenic Avenues

The total expense is estimated at $55,857, including a 15% contingency to be funded by Measure B and BB funds. Read the staff report here.

Written comments should be directed to the City Council, c/o Piedmont City Clerk, 120 Vista Avenue, Piedmont, CA 94611 or by email to:jtulloch@ci.piedmont.ca.us.

Jul 14 2016

7 Applicants for Vacancy on Piedmont City Council

Tuesday, July 19, 6:00 p.m. Interviews.

Seven individuals met the application deadline for the vacancy on the City Council created by the resignation of Margaret Fujioka.

Each applicant will be individually interviewed by the City Council on Tuesday, July 19, starting at 6:00 p.m. The Special meeting will be held in the Council Conference room found to the left after entering City Hall.  The Special meeting is OPEN TO THE PUBLIC.

Public persons attending the meeting will be able to observe the entire meeting. The interviews and Council appointment deliberations will not be broadcast or recorded.

The Council position will be on the November 2016 ballot for a full four-year term.

The seven applicants are:

  • Brian Cain is a former member of the Park Commission and current member of the Recreation Commission.  Cain is a physician affiliated with Kaiser Foundation Hospital specializing in Congenital Cardiac Surgery (Thoracic Surgery).

  • Jennifer Cavenaugh has been civically active in Beach School community and is a current member of the Piedmont Budget Advisory and Financial Planning Committee.
  • Robert Dickinson, is a Life Sciences Strategy Consultant and San Francisco Bay Area Management Consultant.  He is Secretary of the Board of Trustees of the Alameda County Mosquito Abatement District appointed in 2014 as Piedmont’s representative.  https://www.linkedin.com/in/robertldickinson
  • Jonathan K. Levine is an attorney and co-founding partner of Pritzker Levine LLP.  He served for more than six years on the Piedmont Planning Commission, was appointed by the Piedmont City Council to serve on the Piedmont Environmental Task Force,  the Piedmont Park Commission and the Civil Service Commission.
  • Nick Levinson is a financial advisor and co-founder of Park Piedmont Advisors. Levinson was appointed by the Piedmont City Council to serve on the Budget Advisory and Financial Planning Committee and the Recreation Commission.

City Charter states:

(C) FILLING OF VACANCIES. A vacancy on the City Council shall be filled by appointment by the Council, with said appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term. If the Council does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor.

Jul 13 2016

EDITORIAL: Piedmont Has Two Elected Vice Mayors!  

The City Charter calls for the City Council to elect a Mayor and a Vice Mayor. The Former Mayor resigned the position leaving the seat vacant not “absent or disabled.” 

Piedmont currently has two Vice Mayors, Vice Mayor Jeff Wieler, called the acting mayor, and Vice Mayor Bob McBain. Both Wieler and McBain hold the Council elected position of Vice Mayor.

The Council did not rescind Wieler’s election as Vice Mayor prior to electing a second Vice Mayor, McBain, at the July 5, 2016 Council meeting. Two Vice Mayors are not authorized by the City Charter. Additionally, there is no position designated in the Charter as an “Acting Mayor” to fill a vacancy.

The newly coined title of “Acting Mayor” lacks the recognition that “Mayor of Piedmont” presents.

Jeff Wieler should be elected by the Council to be the Mayor of Piedmont with Bob McBain, continuing as the Vice Mayor. 

The vacancy in the Mayor position was created when former Mayor and Council member Margaret Fujioka was elected Alameda County Superior Court Judge in June 2016 and unexpectedly resigned  on June 21, 2016.  Fujioka is not “absent or disabled.” She is no longer on the City Council and has no standing on the Council.  Her former position as Mayor/Council member is vacant not “absent or disabled.”

The Piedmont City Charter states:

SECTION 2.08 MAYOR  Following each general municipal election, the City Council shall elect from among its member officers of the City who shall have the titles of Mayor and Vice-Mayor, each of whom shall serve at the pleasure of the Council. The Mayor shall preside at meetings of the Council, shall be recognized as head of the City government for all ceremonial purposes and by the Governor for the purposes of military law, but shall have no administrative duties. The Vice-Mayor shall act as mayor during the absence or disability of the Mayor. In case of the temporary absence or disability of both the Mayor and Vice-Mayor, the Council shall select one of its members to serve as Mayor Pro Tempore. Emphasis added.

_________________

The draft July 5, 2016 Council minutes state:

Election of Vice Mayor

City Administrator Benoit stated Vice Mayor Wieler had assumed the office of Acting Mayor, leaving the office of Vice Mayor vacant. He recommended the election of a Vice Mayor to ensure continuity in case the Acting Mayor is absent or otherwise unable to perform his duties. Mr. Benoit indicated that the Vice Mayor elected tonight would serve until the certification of the results of the November 8, 2016 General Municipal Election.

Public Testimony was received from: Dimitri Magganas indicated support for Mr. McBain serving as Vice Mayor.   The Council discussed Councilmember McBain’s leadership skills.

Resolution 62-16 RESOLVED, that the City Council City Council elects Robert McBain to serve as Vice Mayor of the City of Piedmont until the results of the November 8, 2016 General Municipal Election are certified. Moved by King, Seconded by Rood Ayes: King, McBain, Rood, Wieler Noes: None

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