Town Council Meeting Minutes February 28, 2023 Page 1
TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES February 28, 2023
Independence Hall, 2955 Woodside Road, Woodside 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. 2023-7534.
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
Sage Schaan, Planning Director
Sarah Filipe, Associate Planner
Sean Rose, Town Engineer/Director of Public Works
Sindhi Mekala, Senior Engineer
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Liam and Freddie, Woodside Elementary School students, led the Pledge of Allegiance.
COMMUNICATIONS
Sue Sweeney Burow, Sheridan Way, spoke of the need for automated license plate readers in the Woodside Hills neighborhood, and looks forward to receiving updates.
CONSENT CALENDAR
1. Register of Demands Against the Town of Woodside from February 1 through 15, 2023.
2. 2022-23 January Monthly Investment Activity Report.
3. Resolution (1) Approving Plans and Specifications for the 2023 Road Rehabilitation Project and (2) Authorizing the Town Manager to Advertise for Bids and to Execute a Contract with the Lowest Responsive and Responsible Bidder.
Resolution No. 2023 - 7562
4. Annual Progress Report for the Fifth Cycle (2015-23) Housing Element.
5. Resolution Increasing Membership for the Woodside History Committee.
Resolution No. 2023 - 7563
6. Resolution (1) Authorizing the Town Manager to Execute a Construction Contract with Andreini Brothers Inc. for the Glens Path Phase 2 and Phase 3 Project, and (2) Concurring with the Findings in the Town’s Response Letter to the Bid Protest Filed by Gradetech, Inc.
Resolution No. 2023 - 7564
7. Resolution Authorizing the Town Manager to Enter Into a Sewer Extension Partial Reimbursement Agreement with the Owners of 220 Laning Drive for Design and
Town Council Meeting Minutes February 28, 2023 Page 2
Construction of a Public Sanitary Sewer Main Extension on Laning Drive.
Resolution No. 2023 - 7565
Mayor Shaw pulled Item 5 for discussion.
Councilmember Brown pulled Item 3 for discussion.
Regarding Item 3, Councilmember Brown urged the Council to consider the long-term impacts on roadways and sewer systems of increased housing units.
Councilmember Brown moved approval of the Consent Calendar Item 3.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Regarding Item 5, Mayor Shaw invited Thalia Lubin to speak.
Thalia Lubin, Chair of the Woodside History Committee, spoke of: the upcoming Volunteer Fair on June 6, 2023; a request for Council to check in with the Committee prior to increasing membership since some members may be interested in stepping down; preference for keeping an odd number of members for voting purposes.
The Council’s comments included: membership is a topic worth exploring and finding a policy that works for everybody; perhaps the Volunteerism Committee can see if there is a way to achieve what Ms. Lubin is looking for without discouraging folks from participating; the Committee Handbook has policies regarding attendance; the Circulation Committee has an attendance issue; the need for Chairs to report on issues to the Council; expectations need to be set for volunteers.
Councilmember Wall moved approval of the Consent Calendar Item 5.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: Brown
Councilmember Fluet moved approval of the Consent Calendar Items 1, 2, 4, 6, and 7.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
OLD BUSINESS
Councilmember Brown stated he needed to be recused due to living within 500 feet of the proposed housing site at High Road, and left the room at 7:16 p.m.
A. Information Only: Update on Todo El Mundo/High Road Housing Site and PG&E Gasline.
Mr. Bryant stated: this is a repeat of information shared two weeks ago prior to Public Comment, which is a follow-up on the January 31st meeting in which staff took the direction regarding the proposed housing sites at Raymundo Drive and Todo El Mundo/High Road; staff was asked to confirm with PG&E about a gas pipeline at or near the High Road site, and PG&E has confirmed that it is in the public right-of-way on Todo El Mundo; PG&E also confirmed that the Town has an easement on that property
Town Council Meeting Minutes February 28, 2023 Page 3
for electric transmission; neither of these two facts from a utility’s perspective preclude development of the property.
Councilmember Goeld stated: he disagreed with the statement that Council gave direction to staff to include the High Road site contingent on confirming that the PG&E gas transmission line is located within the public right-of-way; the Council needed more information before making a determination; a request for why staff brought this back to the Council if staff already shared the information two weeks ago.
In response to Councilmember Goeld’s question, Mayor Shaw stated: placement on the agenda is to address Councilmember Goeld’s concerns that it was not a publicly noticed report by the Town Manager on February 14, 2023.
In response to Councilmember Goeld’s question about the status of submittal to HCD, Mr. Bryant stated: since January 31, 2023, staff has been working on including the two sites and responding to HCD’s comments with respect to Affirmatively Furthering Fair Housing (AFFH); depending on tonight’s action, the draft is ready to be posted for the required seven days and submitted to the State for their second review.
Councilmember Goeld stated: his relief that the plan has not been submitted yet; he will save his comments for the next agenda item; there was a potential Brown Act violation two weeks ago, and that was corrected tonight; his hope that Council provides the opportunity for folks to feel their voices were heard before submitting the plan to HCD.
The Public Comment Period opened at 7:24 PM.
Dick Brown, N Gate Drive, stated: housing is the most consequential decision for the Council to make, and it is important to record where the Council stands.
Dick Brown left the room at 7:26 p.m.
B. Procedural Motion: Should the Revised Draft Housing Element Responding to the Department of Housing and Community Development (HCD) Be Agendized for Further Discussion Prior to Resubmission to HCD?
Mayor Shaw asked for a straw vote on whether the current draft response to HCD should be agendized for further discussion.
AYES: Councilmember Goeld
NOES: Councilmembers Dombkowski, Fluet, Wall, and Mayor Shaw ABSENT: Councilmember Brown
The Council’s questions included: in the last two years, how many public meetings have dealt with the Housing Element; whether staff understood the direction from the January 31, 2023, meeting that the High Road site would be included unless PG&E stated the gas line was on the property; whether this procedural motion already provides transparency of the Council’s position on the Housing Element.
In response to the Council’s questions, Mr. Bryant stated: there were three subcommittee meetings, six Planning Commission meetings, and seven Town Council meetings, not including February 14 or tonight; staff understood the direction given on January 31, 2023.
In response to Council’s question, Ms. Savaree stated: if there is no interest to agendize this, then staff will continue to post and submit the revised draft to HCD.
The Public Comment Period opened at 7:32 p.m.
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Marilyn Voelke, Roan Place, stated: it was clear to her that the plan was being submitted, and is surprised to hear that Councilmember Goeld feels there has not been sufficient openness, clarity, and notice at this stage.
Dick Brown, N Gate Drive, stated: the gas pipeline is a 30” pipeline, the same size as what blew up in San Bruno years ago.
Steve Lubin, Palm Circle Road, asked to see a copy of the revised draft Housing Element.
In response to Mr. Lubin’s question, Mr. Bryant stated: it will be posted online within the next few days for the seven-day public review period.
The Public Comment Period closed at 7:35 p.m.
Councilmember Goeld brought maps to pass around the room.
Councilmember Goeld stated: there will be no formal action during the seven-day public review period; his disappointment is in the lack of thoroughness in the process; he disagrees with the conclusion that Council granted some sort of proxy right to the Town Manager for moving ahead with submitting to HCD after confirming the location of the pipeline; the parcel maps for the area are misleading; Council needs the correct information to make decisions; since the gas transmission line issue was raised, there has not been enough transparency and information; all he asks is for a more wholesome hearing on this issue for the people that are impacted by this; the expectations were quite clear that Council required more information before making a determination on whether to include the High Road site; the issue is important enough to delay submission to HCD for another two weeks.
The Council’s comments included: nothing in the submission to HCD indicates the site will be developed; if the property owner decides to develop, it will go through the public review process where issues can be raised; limiting sites when there is no evidence to suggest that they are not viable building sites is just as disingenuous; disagreement with the assertion that there was a lack of sufficient notice, clarity, and transparency; Councilmember Goeld made some unsubstantiated opinions sound like facts, which is misleading; having trust in staff; the need to move forward with the submission to HCD; how Councilmember Goeld could have been more transparent himself during the January 31st meeting by bringing up the pipeline issue during questions of staff rather than deliberations.
In response to the Council’s question of whether the Council exhibited any behavior throughout the entire process that would cause concern, Ms. Savaree stated: all actions have been public and similar to how other Councils have been conducting business related to the Housing Element.
Councilmember Goeld stated: we will just need to agree to disagree; he expected a full report from PG&E and from staff, which he has yet to see.
In response to Councilmember Goeld’s question of why this is on the agenda tonight if there was not a Brown Act violation two weeks ago, Ms. Savaree stated: she advised Mayor Shaw to place it on the agenda out of respect for a fellow councilmember.
Councilmember Goeld stated: he emailed staff on December 14, 2022, requesting a survey of the High Road site in order to report the demerits of the High Road site; it is sad that the newest councilmember needs to bring up the facts about the gas pipeline.
Councilmember Goeld moved to agendize further discussion of the Housing Element.
There was no second motion, and the motion failed.
Councilmember Fluet moved to not agendize further discussion of the Housing Element, which will initiate the public comment period and submittal to HCD.
Town Council Meeting Minutes February 28, 2023 Page 5
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Wall, and Mayor Shaw NOES: Councilmember Goeld
ABSENT: Councilmember Brown
Councilmember Brown returned to the room at 8:21 P.M.
PUBLIC HEARING
C. Review of two appeals of the Planning Commission’s decision to approve a Tentative Map for a Land Division (LDIV2020-0001) and associated Mitigated Negative Declaration (CEQA2020- 0001), to divide one existing legal parcel of record at 988 Godetia Drive (APN: 068-301-100) into two legal parcels (Parcel A and Parcel B). The existing property is 4.96 acres. Proposed Parcel A would be approximately 1.97 acres and proposed Parcel B would be approximately
2.98 acres. No development is proposed with this application.
Resolution Nos. 2023 - 7566 and 2023 - 7567
Mayor Shaw thanked the appellants for their graciousness in agreeing to move this item from the February 14, 2023, meeting to tonight.
Mr. Schaan provided a brief overview of the parcel map process, and clarified this is not a SB9 lot split.
Ms. Filipe presented the staff report.
The Council’s questions included: a clarification of the necessary infrastructure improvements regarding fire suppression; an explanation of the drainage issues and how those might be remediated; a clarification of the 2004 moratorium; whether the industry standards for drainage are proposed to be changed.
In response to the Council’s questions, Mr. Schaan stated: there was some delay in deeming the project complete; an upgrade for some of the waterline infrastructure in the area was necessary; one of the conditions on the tentative map is to ensure that the infrastructure is installed prior to the approval of the final map; drainage is an important issue in Town overall; with regards to the process, the Council is reviewing a lot split; the current proposal provides an area where development could occur, however, it does not propose development at this time; drainage details come with a specific proposal, and should show that the velocity or the amount of flow that currently comes off the site does not increase; the 2004 moratorium was not directly related to any previous project on site, but related to an idea of creating a specific plan for the Godetia area; in 2004, the Planning Commission recommended that the Town Council impose a moratorium on Subdivisions, however, no further action has taken place since then.
In response to Council’s questions, Mr. Rose stated: the drainage system is a combination of public and private infrastructure; this is a low-lying area that collects water from the hills above; staff is currently evaluating the drainage situation; regarding industry standards, the Town requires designing to 25-year storms; there are cases to design to a 100-year flood, depending on location, however, that’s usually related to flood insurance; there are challenges with the increasing storms (i.e., climate change) and designing up to a higher frequency.
Mayor Shaw invited the appellants to make their presentations.
Maggie Mah, Jefferson Ave, stated: the drainage issues stem from the lack of planning for the area; changing the lot line adds pressure and expectations to develop; with every successive development in a sensitive area like this, drainage and erosion problems multiply; an overall plan for drainage and water management for this area is urgently needed, and must be done before any more development activities, including Land Divisions, can be allowed to continue; it was supposed to happen in 2004 and did not;
Town Council Meeting Minutes February 28, 2023 Page 6
properties have been rendered unusable, horses have been injured, and at least one property that was developed is under litigation; the General Plan emphasizes the importance of maintaining and preserving the equestrian heritage; approval of this Land Division will render the property unusable for horses.
Christina Galindo, Jefferson Ave, stated: her property has been damaged the most by the drainage issues; her horses were evacuated and have not been able to return; there needs to be a plan/solution for the area prior to approving more development; only one Planning Commissioner walked the property, and was the only person who voted against the application.
Councilmember Goeld asked for clarification about Ms. Galindo’s barn flooding.
In response to Councilmember Goeld’s question, Ms. Galindo spoke of how she and about 20 other people can verify that there had been no flooding on her property in the 20+ years prior to October 2021.
Stephan Fitch, applicant, stated: many of the concerns about the community and runoff are beyond his land division application; the California Environmental Quality Act (CEQA) guidelines have a hydrology component; there are no plans for development, so they will not be contributing to additional runoff; he loves horses and tried renting the barn, however, there is no market; there is a drain pipe on the corner of Godetia Drive and Jefferson Avenue that is maintained by the City of Redwood City, and directs the water across the golf course to Farm Hill Boulevard, away from Ms. Galindo’s and Ms. Mah’s properties; there are at least three drainage points along his property that are not backed up and are operating fine; they started the process in 2017, followed the Woodside Municipal Code, and none of the issues were raised until the recent Planning Commission meeting.
There were no questions of the applicant.
The Public Comment Period opened at 9:18 p.m.
Steve Lubin, Palm Circle Road, spoke of: the importance of considering development at the Land Division stage; his experience on the Planning Commission in the 1970’s when there were many subdivisions and how they needed to ensure percolation tests passed and that there was development potential; the challenges of the existing site (e.g., steep slopes); the horrendous damage to the neighborhood caused by poor drainage; planning for a 25-year storm is insufficient.
Mayor Shaw asked staff if any consideration was given to the steep slopes and other challenges raised by Mr. Lubin.
In response to Mayor Shaw’s question, Mr. Schaan stated: as part of the concept map process, the application is reviewed by the Subdivision Review Committee consisting of the County Health officer, the Town Engineer, the Planning Director, the Fire Marshal, and sometimes the Fire Chief; the County Health officer requires percolation tests, and did not take objection to a potential viable septic system being installed at the lower part of the property; a percolation test was performed; regarding the slopes, most of this area, if not all, are natural slopes; it is common to bore septic lines beneath steep slopes; the Lot Slope Density formula yields two lots.
Marilyn Voelke, Chair of the Planning Commission, stated: although only one person contacted the applicant to walk the lot, other Commissioners carefully viewed the lot before the meeting; many of the issues raised tonight were already thoroughly discussed at the Planning Commission meeting; the majority of the Planning Commission agreed to proceed with the application, even in view of some of the concerns expressed; whether Council might consider it appropriate, in a lot split like this where the property owner retains the upper level, to burden them with having to retain some of their water (i.e., do something more to manage their water) before they are allowed to split off the lower end; there is another development in the area that the Planning Commission had nothing to do with that is causing many drainage problems; with all the recent rain, there has been a lot of failure, and it is important for Council to consider this issue; something must be done in this area to address the cumulative effects on the neighborhood.
Town Council Meeting Minutes February 28, 2023 Page 7
Kim Hansen, Raymundo Drive, spoke of: never seeing the environmental issues that are occurring now when she lived in the area in the 2000s; all the development in sensitive areas has exacerbated issues.
Thalia Lubin, Palm Circle Road, stated: there needs to be overall planning for the area for the public/private drainage issues; since the applicant stated there is no immediate development project proposed, perhaps there is time for a development moratorium to look at the bigger picture, plan, and solve the drainage issues.
The Public Comment Period closed at 9:33 p.m.
Councilmember Brown stated: agreement that there needs to be some kind of long-range planning; concern for how restrictive roadways are for fire evacuations; a suggestion to request that the property owner manages drainage on the property and find ways to reduce existing runoff.
Mr. Fitch stated: all the water from the main house and accessory structure already moves away from the hill and into rock outfalls on the other side of the hill on his property; there is a drain located at the base of proposed Lot A at the corner of Jefferson Avenue and Godetia Drive; according to Justin Chapel, Public Works of the City of Redwood City, the water from that drain goes away from the downhill area, across Menlo Country Club, and down to Farm Hill Boulevard; there has not been any flooding in his meadow; along the frontage of Jefferson Avenue, there are two drain points handling all of the water; from the driveways and roadways on Midglen Way, the water comes down to Jefferson Avenue, is funneled through the main drain point in front of his property, goes into a neighboring property, then into a huge engineered drainage pipe towards Ms. Galindo’s house; his property is not contributing to the drainage issues.
Maggie Mah, Jefferson Avenue, stated: she does not know where the drain pipes head, however, she knows they go towards Godetia Drive; she does not understand how water entering a drain at the corner of Jefferson Avenue and Godetia Drive could flow uphill, then down over to West California Way, and end up towards the Menlo Country Club; the idea of burdening the existing property with not dumping as much water really misses the point; until there is a plan to handle these development projects, there should not be any more of it; these projects have been allowed to continue, and the cumulative impacts to this neighborhood are horrendous; significant harm has been done, and allowing more development will make it worse.
Ms. Galindo stated: water goes downhill and straight onto her property; she disagrees with Mr. Fitch and is happy to submit her engineers’ findings.
Mr. Fitch’s questions and comments included: what radius in the neighborhood should all development stop while the issues are being addressed; he is only trying to get a map registered with the County; he is in a rush because he has been spending a lot of money since 2017; how much time does it take for the Town to address an issue like this; water runoff must affect other parts of Town.
There was a break from 9:47 p.m. - 9:51 p.m.
The Council’s comments included: concern about drainage, and hopes that the lot split does not increase drainage issues; everyone has made compelling arguments; many parties have reviewed and approved the proposed Land Division; sympathize with the drainage issues and effect it might have on the equestrian community; Council must evaluate the application, and not assume the type of development that might occur in the future; being in favor of denying the appeals; the procedures were followed for the lot split; the drainage issues affecting this sensitive area needs to be addressed; directing staff to review pursuing a Godetia Area Plan along with other areas of Town that suffered damage caused by the storms; this area needs to be prioritized, and it may require some changes to the Code and how drainage is engineered; the conditions the CEQA and Land Division have been met, and they cannot deny the application based on drainage and future development; this a clear conflict between State housing mandates and some of the unique characteristics of living in Woodside.
Town Council Meeting Minutes February 28, 2023 Page 8
Councilmember Fluet moved to adopt CEQA2020-0001, a Mitigated Negative Declaration and Mitigated Monitoring And Reporting Program, concerning the Land Division to divide one lot into two lots at 988 Godetia Drive.
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Councilmember Fluet moved to deny the appeals and approve the Land Division at 988 Godetia Drive.
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Mr. Bryant stated staff will review whether regulations need to be changed to address drainage issues.
NEW BUSINESS
D. Resolution Authorizing the Town Manager to Execute a Contract with Bay Area Tree Specialists for Removal of Eight Large Eucalyptus Trees on Mountain Home Road.
Resolution No. 2023 - 7568
Mr. Rose presented the staff report.
Council’s questions included: whether staff had any success asking PG&E to share the cost of tree removal, and whether PG&E’s reason was due to the guidewire on the 9th tree; the bid results; whether there was additional public feedback.
In response to Council’s questions, Mr. Rose stated: there was no success from asking PG&E to share the cost; the rationale for PG&E backing out had nothing to do with the guidewire because they could have done eight trees; it was the lack of power shut off by PG&E; the bids were roughly $179,000 for nine trees and $236,000 for eight trees; PG&E is backed up; the Town did not do any community-wide outreach due to the nature of the work being for safety; notices were sent to the five properties that front the trees; besides the property owner who submitted a few letters and is present tonight, he has spoken to three other residents who did not oppose the proposed work.
The Public Comment Period opened at 10:14 p.m.
Jim Olstad, Mountain Home Road, opposed the proposed work and suggested: spending money on pruning and cleaning dead or dying branches; having the Trails Committee take a better look at all the streets and trees that are dangerous.
Tom Barnes, Mountain Home Road, expressed support for tree removal due to the fire risk.
Mr. Olstad added: the City of Burlingame considers eucalyptus trees national treasures; one other alternative to pruning is topping at the lower level; the trees have withstood the recent storms; grooming and maintenance should apply to all streets.
Marilyn Voelke, Roan Place, expressed support for tree removal.
The Public Comment Period closed at 10:29 p.m.
The Council’s comments included: support of the proposed work due to fire safety concerns; surprise that
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similar projects are not more common; agreement with both speakers that the Town can do better with maintaining the public right-of-way; disappointment that PG&E cannot work with the Town; fear of important ingress/egress routes being blocked by hazardous trees; grooming and topping is not going to save the Town any money.
Councilmember Fluet moved approval of Item D.
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: Brown
E. Resolution Terminating the Existence of a Local Emergency Caused by the Threat of the Novel COVID-19 Virus and Direction to Staff on Continuing Outdoor Dining.
Resolution No. 2023 - 7569
Mr. Bryant presented the staff report.
Council and staff comments included: the recent parking management in Cañada Corners has been successful to varying degrees; it is not a permanent solution; parking standards may need to change postCOVID; another factor is office utilization has significantly decreased; returning in a few months for a deeper parking discussion; support for outdoor dining; the temporary use permits have an expiration date of March 10, 2023, and Council has broad discretion for how those permits are enforced; all communities around Woodside have chosen to support outdoor dining.
The Public Comment Period opened at 10:49 p.m.
Marilyn Voelke, Roan Place, suggested Council review the Conditional Use Permit for the Village Bakery when studying parking in the area.
The Public Comment Period closed at 10:51 p.m.
Council’s comments included: it makes sense to follow the State of Emergency; hoped there was more participation in the discussions from businesses located in Town; appreciation for staff getting the Town through the COVID pandemic in the past three years.
Councilmember Fluet moved approval of the Item E, and directed staff to work on an outdoor dining solution.
Motion seconded by Councilmember Domkowski and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
APPOINTMENT
F. Mayor’s Appointment of Town Manager as Peninsula Clean Energy Board Alternate.
The Public Comment Period opened and closed at 10:54 p.m.
There were no Council comments.
Councilmember Wall moved to appoint Town Manager Bryant as the Peninsula Clean Energy Board Alternate.
Motion seconded by Councilmember Brown and approved by roll call vote: