TOWN OF WOODSIDE
January 10, 2023
7:00 p.m.
The meeting was held as a hybrid meeting with the option to attend by teleconference/video conference or in person, in compliance with Town of Woodside Resolution No. 2022-7534.
CALL TO ORDER
Mayor Shaw called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw Staff Present:
Kevin Bryant, Town Manager
Jean Savaree, Town Attorney
Kai Ruess, Deputy Town Attorney
Sage Schaan, Interim Planning Director
Sean Rose, Town Engineer/Director of Public Works
Sindhi Mekala, Senior Engineer
Melissa Cardinale, Assistant to the Town Manager
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Councilmember Dombkowski led the Pledge of Allegiance.
COMMUNICATIONS
Mayor Shaw spoke of the recent extraordinary weather events, which have wreaked havoc on neighborhoods. He invited Mr. Rose and Ms. Mekala to explain the efforts undertaken so far this year and the prework done leading into the storms.
Mr. Rose spoke of the Town's storm drain maintenance program, which includes culverts, swales, and bridges within the public right-of-way and on private property where the Town holds drainage easements.
Ms. Mekala shared photographs of the Town crew's work over the past 10 days, which included clearing a trash rack and pipe on Old La Honda, fallen trees that blocked Old La Honda Road and Greer Road, clearing the bridges at Fox Hollow Road and Kings Mountain Road, removing sand that came from Summit Springs Road and covered Tripp Road, and tree damage to a private residence. The Town has given out approximately 8,000 sandbags since the beginning of the storm.
Mayor Shaw expressed gratitude to the Town crew and noted that the Town opened Independence Hall overnight as a temporary evacuation point.
Don Pugh, Glenwood Avenue, thanked the Town crew for their work during the storms. He urged the Town to enforce the seating limits at the Bakery.
In response to Mr. Pugh, Ms. Savaree reviewed the process and mechanics that the Town followed: In September 2022, the Council agenda had an item to extend the emergency declaration; part of that discussion dealt with outdoor seating; Mayor Brown appointed Councilmembers Shaw and Wall and the Town Manager to meet with the business owners to discuss parking congestion at Cañada Corners; the ad hoc committee made two public reports regarding the measures that had been agreed to by the business owners; all of that was reported to Mr. Pugh in a letter because he continues to disagree with this Town Council Meeting Minutes January 10, 2023 Page 1
approach.
Peggie MacLeod, Chair of the Woodside Landscape Committee, urged the Council to consider approving a Resolution to honor Nancy Gonzalez with a memorial bench near the paved pedestrian path between Canada Road and Canada Lane, who spearheaded the Woodside Community Beautification Project.
Mayor Shaw directed staff to prepare a Resolution for the January 31, 2023, Council meeting.
Darrell Batchelder, Planning Commissioner, thanked Mr. Rose and the Town crew for the work they have done during the storms and spoke of flooding at the south side of Jefferson Avenue.
Mayor Shaw stated: the Council received a letter from a resident in that location; hydrological flows are a hot topic; his appreciation for Mr. Batchelder's attention and service on the Planning Commission.
Alex Tauber, Ranch Road, spoke of: his objection to Mr. Pugh's statement that there are special interests, corporate interests, and ethical issues involved at Cañada Corners; it is the Council's job to determine its priorities.
CONSENT CALENDAR
Register of Demands Against the Town of Woodside from December 1 through 31, 2022. 2022-23 November Monthly Investment Activity Report.
Annual Reporting for the Water Efficient Landscape Ordinance (WELO) 2022.
Resolution Directing that All Meetings of the Town Council, Council Subcommittees, Planning Commission, and Architectural and Site Review Board will Continue to Be Held ir Hybrid Forms to Allow Attendance in Person or Remotely Pursuant to California Government Code Section 54953(e).
Resolution No. 2023 - 7550
Resolution Reducing the Quorum for Meetings of the Woodside Arts and Culture Committee.
Resolution No. 2023 - 7551
Resolution in Support of Reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for Community Use at the Mills Health Center in San Mateo, California.
Resolution No. 2023 - 7549
Resolution Declaring Saturday, May 6, 2023, as May Day and Requesting Approval from the State Department of Transportation for the Woodside School PTA to Hold a Parade and the Woodside Recreation Committee to Hold a "Fun Run" on a State Highway.
Resolution No. 2023 - 7552
Councilmember Goeld pulled Item 6 for discussion, and stated that he will abstain from the vote as it is an item that does not directly affect Woodside.
Councilmember Fluet noted that a spokesperson made two presentations before the Town Council last year.
The Public Comment Period opened and closed at 7:32 p.m.
Councilmember Fluet moved approval of the Consent Calendar Item 6.
Motion seconded by Councilmember Wall and approved by roll call vote:
Town Council Meeting Minutes January 10, 2023 Page 2
AYES: Councilmembers Brown, Dombkowski, Fluet, Wall, and Mayor Shaw NOES: None
ABSTAIN: Councilmember Goeld
Councilmember Fluet moved approval of the Consent Calendar Items 1-5, 7.
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES:
NEW BUSINESS
Oral Report from Staff/Consultant on Meeting with State Department of Housing an •ommunity Development (HCD) Staff
Councilmember Brown stated that he no longer needs to be recused from the Housing Element discussions.
Mayor Shaw stated that no formal action would be taken by Council tonight.
Patrick O'Keeffe, Baker Tilly, stated: in December, Council directed staff to consider eliminating the three Town-owned sites from the Housing Program and reducing the number of ADUs; in two recent discussions with HCD, HCD is comfortable accepting at most 15 ADUs/year, are concerned about the heavy reliance on ADUs, and encouraged the Town to find sites to rezone in order to create a diversity of housing; if Council continues with 20 ADUs/year, there must be a way to monitor the actual production and affordability of those units (e.g., deed restrictions); HCD is looking at the rezoning density to be at 20 units/acre; the purpose of tonight is to show two different alternatives, and the key question is whether to reconsider including the Town-owned sites as part of the plan; this item will return on January 31, 2023, for the Council to approve a second submittal to HCD.
The Council's questions and comments included: a clarification about deed restrictions; whether the ADU number could land somewhere between 15 and 20 units/year and avoid deed restrictions; deed restrictions would likely hinder ADU production; whether the plan could be adjusted if higher than expected ADUs are built; other options for the Town to comply with Affirmatively Furthering Fair Housing (AFFH) requirements; when rezoning a property to 20 units/acre, there is no requirement that the density gets built at 20 units/acre; how deed restrictions would be enforced; the ADU workshops received strong attendance.
In response to Council's questions, Mr. O'Keeffe stated: deed restrictions increases the likelihood of having qualifying units; relying on ADUs is not sufficient as it does not provide enough variety of housing type; at 15 ADUs/year, deed restrictions may not be necessary as evidenced by prior experience; anything less than 20 units/acre without having the Town-owned sites is not enough to meet the lower income and moderate-income categories; adding one of the Town-owned sites back in will provide flexibility; the Town would be completing annual progress reports on plan implementation; he does not suggest amending the Housing Element before the end of the cycle; HCD is seeking multi-family housing that supplements ADU production; over the next few years, the Town can look for any other privately owned sites that could be suitable for higher-density housing that comply with AFFH requirements.
In response to Council's questions and comments, Mr. Schaan stated: regarding deed restriction enforcement, the Town would need thorough consideration regarding which units get restricted at what income levels and the criteria; the ADU Ordinance is proposed to be updated this year in response to feedback from the ADU workshops regarding barriers that the Town has control over (i.e., development regulations for slopes and height).
In response to Council's questions, Ms. Savaree stated: although difficult, the Council has the authority to Town Council Meeting Minutes January 10, 2023 Page 3
require people to report annually how much an ADU is rented for.
The Public Comment Period opened at 8:16 p.m.
David Mittelman, Grandview Drive, stated: he does not view deed restrictions as a loss of liberty; the Town voted to give San Mateo County Health control over septic approvals two decades ago; there are provisions in the California Plumbing Code to modify the code per local requirements; Santa Clara County completed an environmental impact report on drip dispersal systems, which allows a much larger allotment of units per property.
Paul Poletti, Raymundo Drive, cautioned the Town against allowing low-income housing to be developed.
Sushma Pati, Marva Oaks Drive, expressed her concerns about increasing fire risks by building high-density housing.
Renee Huhs, Marva Oaks Drive, asked whether there is a financial incentive (i.e., reduced tax rate or a tax credit) or sponsorship to build an ADU at a loss.
In response to Ms. Huhs' question, Mayor Shaw said he does not think someone has found an answer for that at this point.
Paul Falkenburg, Marva Oaks Drive, stated: that his fire insurance was $20,000/year 8-10 years ago, and that today, it costs $99,000/year; insurance should be considered in ongoing costs for low-income housing.
Kim Hansen, Raymundo Drive, expressed concerns that the incentives for developing high-density housing will sacrifice safety and property values.
Sue Poletti, Raymundo Drive, asked whether the 33 units proposed for the Raymundo site would be apartment buildings or privately owned, and whether that would be guaranteed. She expressed opposition to low-income, high-density units on Raymundo Drive.
In response to Ms. Poletti's question, Mayor Shaw stated that they would be owner-occupied and it cannot be guaranteed.
Ardez stated their 23-year-old son lives in their ADU, and suggested homeowners to voluntarily document rent amounts.
David Mittelman stated: one way to voluntarily document is to participate in a Stanford program that provides housing for graduate and medical students; one option is to lease the land rather than sell the land and add conditions on the lease.
Paul Poletti argued that it is the Town's responsibility to protect all property owners' individual rights collectively.
The Public Comment Period closed at 8:44 p.m.
The Council's comments included: there are multi-family housing options at Cañada College; opposition towards deed restrictions as it infringes on private property rights; opposition to adding any Town-owned sites as it goes against the decision made at the December 13, 2022, meeting; Council is in general agreement with the public in that they do not agree with what the State has imposed, however, it is a mandate that the Council must comply with; data about how unrealistic the State's housing numbers are; the importance of having an approved plan to maintain local zoning control; not to go above the surplus number; with the option to increase the total ADUs/year, the Town could enact deed restrictions, allow more square footage in exchange for deed restrictions, or collect rent from family members; a benefit of including a Town-owned site is to have another path to achieve the State's mandates.
Town Council Meeting Minutes January 10, 2023 Page 4
Mr. Bryant stated: a privately owned site zoned 20 units/acre would be by-right, which means that ASRB and Planning Commission public hearing processes won't necessarily take place; Town-owned sites could still have those mechanisms in place.
Mr. O'Keeffe reiterated that HCD is looking for diversity of housing, so some type of housing other than ADUs.
Mr. Schaan added that HCD emphasized needing a diversity of housing choices in affordability categories.
Additional Council comments included: nobody has any intention of allowing Section 8 housing; a project to provide housing for intellectually underdeveloped adults; not in favor of needing to add a Town-owned site back on the plan; the Town appears to be out of other options; the obligations do not make a lot of sense in many ways (e.g., incompatibility with fire risk), however, Woodside is compatible with affordable and multi-family housing, and should welcome a variety of housing types; the deed restriction option will not result in the necessary housing variety; the Town cannot waive building requirements; the Town already waives half the fees, and the school district is planning to double their fees; doubt that incentives will be successful; being against adding more restrictions to what people can do with their own property; the mechanics of auditing what people are renting their homes for is immoral and wonders how the Town would obtain that information; fearful of the State audits; Southern California is two years into the RHNA Cycle 6 and 43% have an accepted Housing Element; being in favor of reducing the number of ADUs to 18; discomfort with not working towards an approved Housing Element; the Town is running out of time to submit a Housing Element that follows the law; there is potential here for some really great things and creating a more robust community; appreciation for Mr. O'Keeffe's work for the Town; a request for a list of options, including pros, cons, impediments (e.g., sewer, insurance) for the High Road and Raymundo sites so that Council can have a robust discussion; not discussing any specific sites because the property owners in and around those areas didn't have notice of this meeting; this item will be returning on January 31, 2023, with direction to submit to HCD.
There was a break until 9:45 p.m.
Due to technical difficulties, Item C was discussed before Item B.
APPOINTMENTS
C. Mayor's Councilmember Committee Appointments.
Mayor Shaw requested that the Council invite a representative from each Town Committee to update the Council on current events.
NEW BUSINESS
B. Resolutions (1) Adopting an Automated License Plate Reader (ALPR) Usage and Privacy Policy and (2) Approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside.
Resolutions No. 2023 - 7553 and 7554
Ms. Cardinale presented the staff report. Representatives from Flock Safety and the San Mateo County Sheriff's Office were present.
The Council's comments and questions included: clarification of the data retention period; appreciation for Town Attorney Savaree's work through a very complex contract process.
In response to Council's question about the data retention period, Captain Myers stated: it is currently a 30-day retention period; Flock Safety offers 60 or 90 days for an extra cost; while 30 days is acceptable, sometimes 60 or 90 days allows more flexibility and preference for investigative purposes.
Town Council Meeting Minutes January 10, 2023 Page 5
In response to Council's question about why there is no camera proposed at the Highway 84/35 "four corners" intersection, Hector Soliman-Valdez, Flock representative, stated: in conjunction with the Sheriff's Department, their deployment specialist, and some discussions with staff, they identified the locations that would work the best.
Captain Myers added: uncertainty about the Town boundaries at the "four corners" was a factor; it may require four cameras because of the complexity of the intersection; they could reevaluate the "four corners"; the current 20 proposed locations would provide enough coverage.
Additional Council comments and questions included: interest in evaluating the pilot program after a year of use; how data will be collected and shared; how ALPRs will change how a robbery is investigated in Woodside; being a big privacy advocate, but more concerned about personal safety; any occurrences of data breaches.
In response to Council's question, Ms. Cardinale stated: Council can decide whether to share data with other local law enforcement agencies.
Mr. Soliman-Valdez added: typically, data is shared statewide, either regionally or in some other fashion; crime does not respect a municipal boundary; there may be times when the Sheriff's Department is investigating a crime that is occurring in other regions and a vehicle was detected by the Town's cameras; sharing data also allows access to data from other stations or departments in the region; there have been no data breaches at Flock.
In response to Council's questions, Captain Myers spoke of: ALPRs being more prevalent in the County, so it is routinely involved in a call; a recent shooting incident and carjacking that led to the Sheriff's Department finding a suspect 20 times faster than before ALPR technology; technology has improved so much that they are able to identify unique characteristics of vehicles; even narrowing to a certain time frame is useful to see vehicles in the area; any agency in the State is required to follow the same regulations, and he recommended sharing data with all agencies in California; Flock's transparency portal makes it easy to report who is accessing the data and why.
The Public Comment Period opened at 10:10 p.m.
Patrick McGovern, Eleanor Drive, President of Woodside Heights Association, spoke of strong support for ALPRs in the neighborhood.
Ehsan Farkhondeh, Alta Vista Road, expressed support for: sharing data only with California police agencies, and 30 days retention. He commented on Sections 7.1 and 2.5 of the policy.
David Mittelman spoke of: the desire of the Skywood Acres residents to install ALPRs from Flock Safety two years ago after the CZU fire; support for cameras at the "four corners". and at Kings Mountain and Jocelyn Lane.
Anne Kasten expressed support for a camera on Southgate Drive.
The Public Comment Period closed at 10:21 p.m.
The Council's comments included: support for a 60-day retention period and sharing data; appreciation for Councilmember Wall on reviewing the policy; a 30-day retention period strikes a nice balance between privacy concerns and not hampering the Sheriff's work; a desire to see a camera added at Highway 84/35; appreciation for Ms. Savaree and Ms. Cardinale on their work drafting the contract and policy; one of the features of Flock Safety is sharing data with other agencies; a desire to list the specific agencies the Sheriff's Department will share data with; anything longer than a 30-day retention increases the risk of leaks and misuse of the data; the need for a process or a theory behind how and where cameras are added; a request to receive semi-annual reports from the Sheriff's Department; support for Town Council Meeting Minutes January 10, 2023 Page 6
a 60-day retention of data.
Councilmember Brown moved approval of the Resolution adopting an Automated License Plate Reader (ALPR) Usage and Privacy Policy.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Councilmember Brown moved approval of the Resolution approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES:
REPORTS
D. Mayor and Councilmember Communications.
Mayor Shaw spoke of AB 2449 and summarized its regulations and exceptions.
Mr. Bryant spoke of needing to hold a consent only agenda on January 17th or January 24t for contract- related items.
COMMUNICATIONS
ADJOURNMENT
Mayor Shaw adjourned the meeting at 10:34 p.m.
9A2S2
APPROVED:
ast
Mayor of the Town of Woodside
Town Council Meeting Minutes January 10, 2023 Page 7