TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES July 25, 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
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Councilmember Wall led the Pledge of Allegiance.
COMMUNICATIONS
Dave Burow, Sheridan Way, asked for the status of installing automated license plate readers around Town.
Mr. Bryant said Flock Safety is still in the permitting phase and does not have an estimated time of completion yet.
Councilmember Brown requested staff to inform the Council whenever staff knows.
APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Emergency Preparedness Committee
b. Environment & Conservation Committee
Councilmember Goeld said after discussing with the Chairs of the Committees, they would recommend appointing Claudia Medina to both Committees.
Councilmember Goeld moved to appoint Claudia Medina to the Committees.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
CONSENT CALENDAR
Register of Demands Against the Town of Woodside from June 16 through July 15, 2023.
Approval of Minutes: Regular Meetings of May 9 and May 23, 2023.
Town Council Meeting Minutes July 25, 2023 Page 1
3. Resolution Accepting the Claim Submitted by Jacob Shulman on June 13, 2023, in the Amount of $21,098.91.
Resolution No. 2023 - 7611
Review and Approve the Town's Response to the San Mateo County Grand Jury Report:
"Accessory Dwelling Units: Affordable Housing's Panacea or Prevarication?" Resolution Changing the Name of the Environment and Conservation Committee to the Environment and Open Space Committee and Amending the Charter.
Resolution No. 2023 - 7612
Resolution Authorizing the Town Manager to Execute a Professional Services Agreement with M-Group for Preparation of Multi-Family Zoning Requirements and Objective Design Standards; with Associated Revisions to the General Plan and Emerald Lake Hills Specific Plan, at Sites Designated for Multi-Family Housing in the Town's Housing Element, in the Amount Not-To-Exceed $79,343.
Resolution No. 2023 - 7613
2022-23 Annual Treasurers' Report.
8. Two Resolutions Continuing the On-Going Declarations of Local Emergency.
Resolution No. 2023 - 7614 and No. 2023 - 7615
9. Resolution Authorizing the Town Manager to Enter into an Agreement with CivicPlus in an Amount not to Exceed $32,875.00 for Redesign and Hosting of the Town of Woodside's Website.
Resolution No. 2023 - 7619
10. Resolution Approving 136 Bardet Road (APN 073-050-190) to Connect to the Town Center Sewer Assessment District.
Resolution No. 2023 - 7616
11. Resolution: (1) Approving a Sewer Service Allocation to 234 Albion Ave., Pursuant to Municipal Code Section 51.126; (2) Consenting to the Annexation of this Property into the Town Center Sewer Assessment District; and (3) Authorizing the Town Manager to Execute Revised Agreements with the City of Redwood City and Fair Oaks Sewer Maintenance District to Add This Property into the Approved Service Area for the Town Center Sewer Assessment District.
Resolution No. 2023 - 7617
12. Resolution Authorizing the Town Manager to Execute a Contract Amendment with Harrison Engineering Inc. for $19,962 for Additional Construction Engineering Support for the Glens Path Phase 2 and Phase 3 Project.
Resolution No. 2023 - 7618
13. Resolution (1) Approving the Plans and Specifications for the Kings Mountain Road/Woodside Road Crosswalk Project, (2) Authorizing Bidding of the Project for Construction, and (3) Authorizing the Town Manager to Execute a Construction Contract for the Project in an Amount Not-to- Exceed $140,000, Which Includes $20,000 for Construction Contingency.
Resolution No. 2023 - 7620
Councilmember Brown pulled Items 9 and 13 for discussion.
Town Council Meeting Minutes July 25, 2023 Page 2
Councilmember Wall pulled Item 4 for discussion.
Councilmember Fluet moved approval of the Consent Calendar Items 1-3, 5-8, 10-12.
Motion seconded by Councilmember Dombkowski and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Regarding Item 9, Councilmember Brown requested that the website have a searchable database.
Mr. Bryant stated that can be done.
Regarding Item 13, in response to the Council's questions, Mr. Rose stated: the electric signs will be small flashing beacons that are solar-powered, like the lights at the School and Woody the Fish; he has followed up with Ms. Voelke about her comments regarding sight lines and roads, and they will be addressed in the project.
Regarding Item 4, Councilmember Wall asked about the authority of the San Mateo Grand Jury and whether this could impact the Housing Element process.
In response, Ms. Savaree stated: the Grand Jury is appointed by the County judge; it will not impact the Housing Element.
Councilmember Fluet moved approval of the Consent Calendar Items 4, 9, and 13.
Motion seconded by Councilmember Wall and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES:
PUBLIC HEARING
Review of an Appeal (APPL2023-0003) of the Planning Commission's approval of Resolution No. 2023-002, completing the required one-year review of Conditional Use Permit (CUSE2019-0001) and finding that the permittee, Menlo Country Club, complied with the Operational Conditions of Approval during the first year following the completion of the project.
Resolution No. 2023 -
Councilmember Brown needed to be recused because he lives within 500' of the Menlo Country Club. He left the room at 7:13 p.m.
Mr. Schaan presented the staff report.
Council questions included: the threshold for when site improvements need to go back to the Planning Commission for review or is it a subjective call by the Planning Director; status of the electrical servicing the shade structure; whether the Council could address the appellants' request to deny amplification of the pool area; how the shade structure is currently being used; whether the definition of an event could be discussed tonight; how changes are made to a Conditional Use Permit (CUP); whether the fact that electricity is still installed at the shade structure is a violation of the CUP; where the sound meters are located and whether they are measuring peak readings or spread over a period of time.
In response to the Council's questions, Mr. Schaan stated: the threshold is subjective and considers the scope of the project; in this case, the previous Planning Director viewed the project as a lawn area and Town Council Meeting Minutes July 25, 2023 Page 3
shade covering not requiring Planning Commission review; currently, the Menlo Country Club (MCC) has not removed the electrical service and intends to apply for a Permit; the electrical service is not something staff would approve as it could intensify use of the area; the MCC and appellants have noted that the shade structure is being used for dining and lounging; regarding the sound meters, he deferred the questions to the appellants.
In response to the Council's questions, Ms. Savaree stated: the Council is reviewing whether the MCC complied with their operational conditions; the MCC has the right to operate as long as they comply with their CUP; the definition of an event could be discussed tonight; the CUP has conditions under which a business can operate, and if the Council determines that a business is violating the CUP, the Council can open up the CUP for amendment or revocation; the Planning Commission found that the MCC would not be in compliance of their CUP if there was electrification of the shade structure area.
Kevin Greenwood, Sheridan Way, stated: his dissatisfaction with the appeal process and hearing; the history of development at the MCC over the years that intensified noise projected onto his property and were not part of the approved plans (e.g., removal of sound barrier trees, creating a large lawn area thereby contributing to the lack of enjoyment of their home; sound is amplified uphill by 10 decibels so a sound meter at the MCC property line is not helpful; the MCC is in violation of their CUP.
Debbie Mendelson, Sheridan Way, spoke of: needing to leave their home whenever there were scheduled events at the MCC; not receiving the annual calendar of events for 2021 and 2022 by January 1st as required by the CUP; her disappointment with the accuracy of the sound meter, the replacement trees will not be large enough until long after she is gone, and how the MCC exceeds the allowed number of annual events.
Mr. Greenwood requested that the Town supply them with a sound meter like the one supplied to the MCC.
Ms. Mendelson stated that from 2019 - 2021, not one Planning Commissioner, ASRB member, or Councilmember visited her property during an event.
Council questions of appellants included: a request to go through each of the 15 conditions and whether they are being followed; whether they think there is any benefit to additional sound mitigation; how they receive regular updates as schedules evolve; what the highest reading is they recorded with their own sound meter.
In response to the Council's questions, Ms. Mendelson and Mr. Greenwood stated: so far, the 2023 event calendar did not include 27 events; there were various times when there was excessive sound outside of the operational hours; the pool area went from operating six months a year to 12 months a year; she does not know what Conditions 8 and 9 are; regarding Condition 11, 450 members does not mean 450 people; including spouses and children up to 27 years old, there could be in excess of 1,200 - 1,400 people; a sound wall may be beneficial to noise mitigation; one of the Planning Commissioners have said that a sound wall would need to be 24' tall and curved; removing the opportunity for dining and amplified sound in the area would solve many issues; they do not receive any schedule updates; they have been told to consult the MCC website for updates, however, it is ridiculous to consult a website to determine whether they can invite friends over; they have recorded a sound level of 68 dB when conversation was occurring without amplification, and they try to be away whenever there is amplified sound.
Mayor Shaw invited representatives of the MCC to speak.
Alex Merritt, legal representative for the MCC, stated: Steve Gonzales, general manager, is here tonight; they request Council to deny the appeal as the MCC has complied with the CUP conditions; regarding the event calendar, the website is updated in real time and the MCC updates the neighbors within 14 days of an event; regarding amplified sound, there is no evidence that the MCC is violating the maximum reading at the location approved by staff; regarding membership, the limit is 480; there is disagreement about a definition of event; the shade structure is outside of the scope of the CUP; the MCC has retained an Town Council Meeting Minutes July 25, 2023 Page 4
electrical contractor to obtain a permit for the electrical outlet, and the MCC does not want to turn the outlet into an issue so they can remove it if the Council requests it.
Council questions of the respondents included: whether they have been supplying the annual events calendar to the neighbors by January 1st; clarification about the fire road; why the number of events in 2021 and 2022 are significantly below the threshold; how many events they expect to have this year; clarification about tree removal that acted as a natural sound barrier; clarification about the BBQ outside of the patio; whether the sound meter measurements (71.5 dB as shown in Exhibit B, October 14, 2021, MCC Stag Dinner) are appropriate and necessary for large events to function; do they feel they have done everything reasonable for sound mitigation for the adjacent property; when the Planning Commission viewed the sound meter location back in 2019; how the shade structure is being used and whether food is being served; whether many of these events are occurring at night; was the lawn area a part of the original construction; out of 20 events a year, how many will involve dining.
In response to the Council's questions, Steve Gonzales stated: they have prepared a calendar annually and if there is an event where there is amplified noise, they send emails; for 2021, the hard copy may not have been available until January 15; for 2022, they were on time; the fire road was built in 2019, which was before his employment at the MCC; in 2021-2022, they were under construction and there was COVID; even now, the number of events are significantly below 250; they expect to have 90 events for 2023; he is unsure which trees acted as a natural sound barrier, however, the MCC went through an exhaustive process including submitting an arborist report and all approved with the building permit; regarding the BBQ smells, there was one time they went outside of the fence line, however, that's still the MCC property; he cannot speak to the direction of the wind; after much discussion about where the readings would be taken, it resulted in an agreed upon location by the Planning Commission; they feel they have done everything reasonable for sound mitigation; he provided tours to the Planning Commission in February 2023, and does not know who was on site in 2019; the shade structure provides shade in an area where there is no other shade for kids, dining, and special events; all a-la-carte dining happens on the deck in front of the building where there are roughly 50 seats; amplified sound would not be there unless there is a scheduled event; the MCC can only do food and beverage service from May through October, so they typically operate from Memorial Day to Labor Day; they do lunch and some dining five to six Friday nights; the space is being used for seating only; they may have five to six BBQs a year and five to six additional events beyond that.
In response to the Council's questions, Mr. Merritt stated: the maximum sound limit is 85 dB; he is not an acoustical engineer; certain events need to be amplified to be carried across a certain area.
In response to the Council's question about the lawn area, Mr. Schaan stated: the grass area was a part of the original CUP that was reviewed by the Planning Commission and the Town Council in 2019; there was a tree in that area that was always proposed for removal.
The Public Comment period opened at 9:00 p.m.
Dave Burow, Sheridan Way, spoke of: the effectiveness of the two-story building blocking sound to his house; how Debbie and Kevin live in an amphitheater; encouraging Council not to allow activities that generate sound on the south side of the building or somehow do a better job limiting it; being wary of battery-powered substitutes even if electrical service is removed from the shade structure; how from his fence, it appears the landscape screening is dead; urging Council to reopen the CUP for modification.
The Public Comment period closed at 9:07 p.m.
Mayor Shaw invited the appellants and respondents to make closing statements.
Ms. Mendelson thanked the Council for listening to their concerns; she is not saying that the MCC should not operate; the request is for consideration for the activities that this new lawn area has created; if they knew that a sound wall would prevent noise, that would be outstanding; the original CUP from 1964 states that the operation of the MCC cannot affect the pleasure and use of neighboring properties.
Town Council Meeting Minutes July 25, 2023 Page 5
Mr. Greenwood stated: the number of events is going to increase as time continues.
Mr. Merritt emphasized that the purpose of the meeting is to review the 15 conditions for compliance, not whether new conditions should be imposed; there has not been any evidence that the MCC is in violation of the CUP; staff and the Planning Commission has done a thorough review.
Council deliberations included: there needs to be operational conditions on the shade structure (e.g., prohibition of dining and other large-scale events); the use of the shade structure has been "mission creep"; the current CUP conditions are loosely written and it is difficult to determine whether there has been a violation; there is a lack of neutral data on sound measurements; interest in installing a sound monitoring device on the appellants property; encouraging the MCC to be good neighbors; "event" needs to be further defined; requesting that the electrical outlet be removed from the shade structure.
Councilmember Goeld moved to deny the appeal with the following three conditions: 1) to limit the use of the shade structure to provide shade for people using the lawn area or the pool (no dining, tables, and chairs); 2) the electrical service to the shade structure must be removed; and, 3) the Town will install a sound monitor on the Mendelson/Greenwood's deck to collect data that will be reviewed by the Council in one year.
Motion seconded by Councilmember Dombkowski and approved by roll call vote:
AYES: Councilmembers Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
ABSTAIN: Councilmember Brown
Councilmember Brown returned at 10:30 p.m.
NEW BUSINESS
Mayor Shaw moved to continue Items B and C to a future meeting.
Motion seconded by Councilmember Goeld and approved by roll call vote:
AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw NOES: None
Direction to Staff Regarding an Ordinance to Amend the Town Municipal Code Chapter 32, Article I, Regarding the Composition of the Planning Commission.
This item was continued to a future meeting.
C. Study Session: Architectural and Site Review Board Membership.
This item was continued to a future meeting.
REPORTS
D. Town Manager's Oral Report on January and March Storm-Related Proclaimed Emergencies.
This item was continued to a future meeting.
E. Mayor and Councilmember Communications.
Councilmember Fluet spoke of the informative insurance webinar hosted by the Mayor and a C/CAG meeting that occurred last week.
Town Council Meeting Minutes July 25, 2023 Page 6
Mayor Shaw added that the insurance virtual Town Hall had at least 350 attendees. There was good information, but no concrete solution yet.
Councilmember Fluet announced that one lane of Highway 84 is opening on July 31, 2023, as CalTrans promised.
COMMUNICATIONS
ADJOURNMENT
Mayor Shaw adjourned the meeting at 10:32 p.m.
APPROVED:
GEt
Mayor of the Town of Woodside
Town Council Meeting Minutes July 25, 2023 Page 7