Town Council Meeting Minutes March 14, 2023 Page 1
TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES March 14, 2023
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.
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
Sean Rose, Town Engineer/Director of Public Works
Cindy Safe, Administrative Services Manager
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Hunter, Ruby, Elisabeth, and Eden, Woodside Elementary School students, led the Pledge of Allegiance.
COMMUNICATIONS
Mayor Shaw presented Jackie Young, previous Planning Director, a Woodside Honor Coin.
Christin New, Grandview Drive, spoke of: the landslide on Hwy 84; her appreciation for Councilmember Fluet’s reliable communication efforts and work with elected officials; her frustration with the lack of action after reporting the landslide through the proper channels; how residents are incredibly vulnerable without access; urging the Town to act as residents’ advocate to get the issue fixed as soon as possible.
Mr. Bryant stated: his appreciation of Councilmember Fluet for his efforts regarding Hwy 84; Senator Becker, Assemblymember Berman, and County Supervisor Mueller are aware of the situation; the Town has expressed strong preference for at least one lane opening; it is a very dynamic situation.
The Council’s comments and questions included: the state representatives understand the severity of the situation and are working hard to make progress towards a solution; a request that the Hwy 84 information be posted on the Town homepage banner as well as a warning to cyclists to avoid using Kings Mountain Road and Old La Honda Road; do emergency vehicles have access to the area; affects on the Kings Mountain Road bridge and whether there will be monitoring with the expected increase in traffic due to the Hwy 84 closure.
In response to Council’s question about emergency vehicular access, Mr. Bryant stated: there is emergency access through Bear Gulch Road, which is a challenging road similar to Old La Honda Road; the mutual aid system in the county is a huge and elaborate system in which first responders will be strategically arranged.
In response to Council’s question about the Kings Mountain Road bridge, Mr. Rose stated: the closure is for the equestrian/pedestrian portion due to the foundation being compromised after the storms; to get pedestrians and equestrians safely across, a path of travel was created, and narrowed the vehicular lane to one at a time; there will be stop control at both ends of the bridge; traffic will be monitored, however, Kings Mountain Road is not expected to be as impacted as Old La Honda Road will be.
Kristen Potter, Skywood Way, echoed Ms. New’s statements and urged someone to change the signs
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saying Highway 84 is closed because it affects deliveries.
Mr. Bryant said CalTrans will change the signs.
David Mittelman, Grandview Drive, spoke of: his appreciation for staff and Councilmember Fluet; the flaws in the notification programs, SMC Alert and CalTrans’ QuickMap.
Councilmember Fluet noted that SMC Alert experienced glitches on Saturday.
APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Circulation Committee
Councilmember Wall expressed appreciation for seeing so much interest for the Circulation Committee.
Councilmember Brown moved to appoint four new applicants and one reappointment.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
CONSENT CALENDAR
1. Register of Demands Against the Town of Woodside from February 15 through 28, 2023.
2. Approval of Minutes: Regular Meeting of January 10, 2023, and Special Meeting of January 17, 2023.
3. Resolution Amending the Town of Woodside Handbook for Members of the Planning Commission, the Architectural and Site Review Board and the Citizen Advisory Committees to Alter the Quorum Requirements for the Architectural and Site Review Board.
Resolution No. 2023 – 7571
4. 2022-23 Mid-Year Budget Review.
5. Resolution Continuing Declaration of Local Emergency Related to the Severe Wind and Rainstorms that Commenced on December 31, 2022.
Resolution No. 2023 – 7572
6. Resolution Authorizing the Town Manager to (1) Enter into a Sewer Extension Partial Reimbursement Agreement with the Owners of 145 Lynn Way for Design and Construction of a Public Sanitary Sewer Main Extension and (2) Execute a Professional Services Agreement with Wisley Ham for Preparation of a Plat and Legal Description for a Required Public Utility Easement Relocation.
Resolution No. 2023 - 7570
Councilmember Fluet pulled Item 5 for discussion.
Councilmember Dombkowksi pulled Item 3 for discussion.
Councilmember Fluet moved approval of the Consent Calendar Items 1, 2, 4, and 6.
Motion seconded by Councilmember Dombkowski and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw
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NOES: None
In regards to Item 3, Councilmember Dombkowski stated: this feels like an emergency situation, and hopes this is only necessary for three to four months; if vacancies on the ASRB continue to be an issue, it should come before the Council again to discuss potential structural changes.
The Public Comment Period opened and closed at 7:34 p.m.
The Council’s comments included: this provides a stop-gap measure during this time; there may be unintended consequences (e.g., one or two people running the process); this should not be permanently written into the process and should end in three months; the root issue needs to be addressed.
Councilmember Dombkowski moved approval of the Resolution to sunset in 90 days and return to Council at the end of the sunset.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Regarding Item 5, Councilmember Fluet asked if the Resolution includes the current storms.
In response to Councilmember Fluet’s question, Mr. Bryant stated: this Resolution continues the emergency declaration; the Governor declared an emergency prior to the storm on Friday; staff is tracking the costs; there is nothing that staff does not have the authority to do already.
Councilmember Fluet moved approval of Consent Item 5.
Motion seconded by Councilmember Dombkowski and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
PUBLIC HEARING
A. Resolution Updating and Establishing User and Regulatory Fees.
Resolution No. 2023 - 7573
Mr. Bryant introduced Terry Madsen, ClearSource Financial Consulting.
Mr. Madsen spoke of the update process.
The Council’s questions included: where the Town recaptures the cost of rebuilding roadways impacted by construction; whether the updates incorporate complex projects (e.g., Menlo Country Club); whether Council is open to revisiting the decision to waive ADU fees; whether the large increase in the Appeal fee will discourage applicants; whether refunding the appeal fee is a policy or case-by-case basis; where the EV charger fee is located; the timeframe for starting online permitting; regarding Building and Plan Review fees, what is the magnitude of fees that the Town takes in for that fourth and subsequent plan review; regarding ADUs, are there any fees to modify that will help get the Housing Element approved by HCD.
In response to Council’s questions, Mr. Bryant stated: Road Impact Fees help with rebuilding roadways and are not part of this study; regarding refunding the Appeal Fee, it is case-by-case at the appellants request; regarding online permitting, he does not have a time frame, however the Town is starting to take online payments for the Recreation Committee events; more plan review has been done electronically than before the pandemic; regarding ADUs, the Town has a program for reducing fees for
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affordable housing, however, no experience base for what amount would guarantee approval from HCD.
Regarding online permitting, Ms. Safe and Mr. Rose added: the Town will be migrating the permit software to the cloud within the year; more services could be done through the online portal (e.g., scheduling inspections).
In response to Council’s questions, Mr. Madsen stated: there is a broad criterion to scale to project complexity; the proposed fee schedule continues to waive fees for ADUs; the point is not to discourage appeals in any way; it is a recalibration to recover a minor portion of the significant cost; there is a fixed fee for EV chargers; the range for appeals in the Bay Area is $400 - $5,000; in most cases, the appeal fee is less than full cost of recovery.
In response to Council’s question about having a further discussion about the Appeal Fee, Ms. Savaree advised: not subsidizing appeals; having a consistent policy; the discussion can be brought back as a separate agenda item; the item tonight is to adopt the Fee.
In response to Council’s question about fourth plan review rounds, Mr. Rose and Mr. Schaan stated: the majority do not go through a fourth review; they do not have a sense of magnitude; by the fourth review, there are only minor items so it does not require a significant review.
Mayor Shaw stated: there will be a series of meetings coming up regarding zoning, and the fee structure for affordable housing should be included in the discussions.
The Public Comment Period opened at 8:26 p.m.
David Mittelman, Grandview Drive, spoke of: appreciation for the updated fee schedule; the need for a discussion about fees that are not fixed (e.g., consultant reviews).
In response to Mr. Mittelman, Mr. Bryant stated: when the Town awarded the contracts for geotechnical reviews, Council added a policy to check with the applicants before exceeding deposits.
The Public Comment Period closed at 8:28 p.m.
The Council’s comments included: supportive of the new Appeal Fee; interest in seeing the full allocation cost of an appeal; regarding ADU fees, the incentive put in place at the time is no longer necessary and it should be reevaluated, however, a promise was made to residents that ADU fees will be waived; ADU production needs to continue to be encouraged during this housing cycle and next; a suggestion to remove the fourth and subsequent review fees from the fee schedule.
Mr. Madsen stated: they approach these studies by examining the entire community; Council has discretion to pick a different Appeal Fee number; hourly fees help recapture costs from anomalies; the fourth and subsequent review fees help incentivize moving the process along.
Additional Council comments included: interest in discussing the ADU fee when changes to the ordinance return; satisfaction with the $1,000 Appeal Fee and keeping the Hourly Plan Review Fee (4th and subsequent).
Councilmember Fluet moved approval of the Resolution.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
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NEW BUSINESS
B. Approval of Splitting the Environment: Open Space, Conservation & Sustainability Committee into Two Committees: (1) the Environment and Conservation Committee and (2) the Climate and Sustainability Committee.
Mr. Bryant introduced the current Chair of the Environment Committee.
Alayna Van Dervort, Chair, spoke of the reasons for splitting the current Committee.
The Council’s questions included: whether five members each is appropriate, and whether there are any disadvantages to splitting the current Committee.
In response to Council’s questions, Ms. Van Dervort stated: yes, the numbers will make sense; the current Chair and Vice Chair will participate on both committees; there may be some who leave due to the amount of work she pushes; the only downside to the split is that Mr. Bryant will need to come to another meeting.
The Public Comment Period opened and closed at 8:49 p.m.
The Council’s comments included: the split seems to make sense; this is one of the better run committees with great participation; the name of the existing Committee is too long.
Councilmember Wall moved approval of the formation of two new Committees.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Ms. Van Dervort stated that she is interested in quarterly meetings of Chairs to understand what other volunteers are doing.
REPORTS
C. Mayor and Councilmember Communications.
Councilmember Brown spoke of the recent Circulation, History, and Trails Committees meetings.
Councilmember Dombkowski stated that he will be meeting with the Landscape and Audit Committees this week.
Councilmember Fluet spoke of a recent C/CAG meeting where there was a presentation from 21 Elements.
Councilmember Wall spoke of updates to the Volunteer Handbook.
Councilmember Dombkowski commended Councilmember Fluet for extraordinary actions on behalf of citizens.
Councilmember Fluet commended Councilmember Goeld for connecting residents in the Western Hills with residents in need.
COMMUNICATIONS