Agenda packet, third session — Town Council, October 24, 2023

Agenda
TC MEETING AGENDA - 2023-10-24.PDF
Meeting Materials
TC MEETING PACKET - 2023-10-24.PDF
EMERGENCY PREPAREDNESS COMMITTEE PRESENTATION.PDF
NEW VOLUNTEER APPLICATION.PDF
ITEM 2 - REGISTER OF DEMANDS OCTOBER 1 - 15, 2023.PDF
ITEM 3 - 2023-24 FIRST QUARTER TREASURERS REPORT.PDF
ITEM 4 - ATTARD CLAIM.PDF
ITEM 5 - FINANCIAL REPORT Q1 FY2024 AND SALARY SCHEDULE.PDF ITEM A - SEWER ASSESSMENT ORDINANCE UPDATE.PDF
ITEM B - COUNCIL VACANCY ORDINANCE.PDF
ITEM C - TOWN MANAGER CONTRACT 2024.PDF
ITEM D - TOWN ATTORNEY CONTRACT 2024.PDF

1. Documents:

2. Documents:

Town Council Meeting October 24, 2023 Page 1

TOWN OF WOODSIDE
TOWN COUNCIL MEETING AGENDA October 24, 2023
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.

MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY

DO SO IN PERSON OR BY JOINING THE ZOOM MEETING
https://us02web.zoom.us/j/85437892933. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE TOWN COUNCIL PRIOR TO THE MEETING.

IN THE EVENT THAT ANY MEMBER OF THE COUNCIL PARTICIPATES IN A MEETING BY TELECONFERENCE OR VIDEO CONFERENCE, PURSUANT TO THE RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES OF THE COUNCIL SHALL BE BY ROLL CALL.

Join Zoom Meeting:

Dial by your location
+1 669 900 9128 +1 346 248 7799
Note: Callers dial *9 to “raise hand”
and dial *6 to mute/unmute.

Meeting ID: 854 3789 2933
Weblink:
https://us02web.zoom.us/j/85437892933
Remote Public Comments:

Meeting participants are encouraged
to submit public comments in writing
in advance of the meeting.

Email: [email protected]

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

COMMUNICATIONS
Persons wishing to address the Council on any matter not on the posted agenda are invited to do so. Please note, however, that the Council is not able to undertake extended discussion or to act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. This communication period is limited to five persons, three minutes each. Any additional persons wishing to be heard will be scheduled at the end of Regular Business.

PRESENTATION
Emergency Preparedness Committee

APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Livestock and Equestrian Heritage Committee

CONSENT CALENDAR
All items on the Consent Calendar are considered to be routine and will be approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.

1. Approval of Waiver of Full Reading of Ordinance, per Government Code Section 36934

2. Register of Demands Against the Town of Woodside from October 1 through Town Council Meeting October 24, 2023 Page 2
15, 2023.

3. 2023-24 First Quarter Treasurers Report.

4. Resolution Rejecting the Claim Submitted by Keith Attard on July 19, 2023 in the Amount of $9,222.18. Resolution No. 2023 - ____

5. 2023-24 First Quarterly Budget Review and Resolution Modifying the 2023-24 Town Salary Schedule and Classification Plan. Resolution No. 2023 - ____

PUBLIC HEARING
A. Introduction of an Ordinance Amending Section 51.124 of the Woodside Municipal Code to Allow Parcels with Partial Sewer Assessments in Service Area I that are Equal to or Larger than the Minimum Lot Size to Obtain Full Sewer Assessments. Ordinance No. 2023 - ____

NEW BUSINESS
B. Discussion of a Potential Ordinance Amending Section 30.03, Procedure for Filling Vacancies on the Town Council, Title III, Administration, Chapter 30, Town Council, of the Woodside Municipal Code to Extend the Time to Call for a Special Election to Fill Vacancies on the Town Council.

C. Resolution Approving Eighth Amendment to Town Manager Kevin Bryant’s Employment Agreement. Resolution No. 2023 - ____
D. Resolution Approving Agreement for Town Attorney Services with Aaronson, Dickerson, Cohn & Lanzone and Authorizing the Mayor to Execute the Agreement on Behalf of the Town. Resolution No. 2023 - ____

REPORTS
E. Mayor and Councilmember Communications.

COMMUNICATIONS

ADJOURNMENT

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE TOWN CLERK AT (650) 851-6790.

NOTIFICATION IN ADVANCE OF THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PLEASE NOTE THAT PURSUANT TO THE STATE OF CALIFORNIA’S OPEN MEETING RULES, THIS MEETING IS BEING AUDIO RECORDED.

ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE TOWN COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE ADMINISTRATION COUNTER AT TOWN HALL LOCATED AT 2955 WOODSIDE ROAD DURING NORMAL BUSINESS HOURS.

Town Council Meeting October 24, 2023 Page 1

TOWN OF WOODSIDE
TOWN COUNCIL MEETING AGENDA October 24, 2023
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.

MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY

Join Zoom Meeting:

Dial by your location
+1 669 900 9128 +1 346 248 7799
Note: Callers dial *9 to “raise hand”
and dial *6 to mute/unmute.

Meeting ID: 854 3789 2933
Weblink:
https://us02web.zoom.us/j/85437892933
Remote Public Comments:

Meeting participants are encouraged
to submit public comments in writing
in advance of the meeting.

Email: [email protected]

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATION
Emergency Preparedness Committee

APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Livestock and Equestrian Heritage Committee

1. Approval of Waiver of Full Reading of Ordinance, per Government Code Section 36934

2. Register of Demands Against the Town of Woodside from October 1 through Town Council Meeting October 24, 2023 Page 2
15, 2023.

3. 2023-24 First Quarter Treasurers Report.

4. Resolution Rejecting the Claim Submitted by Keith Attard on July 19, 2023 in the Amount of $9,222.18. Resolution No. 2023 - ____

5. 2023-24 First Quarterly Budget Review and Resolution Modifying the 2023-24 Town Salary Schedule and Classification Plan. Resolution No. 2023 - ____

REPORTS
E. Mayor and Councilmember Communications.

COMMUNICATIONS

ADJOURNMENT

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE TOWN CLERK AT (650) 851-6790.

NOTIFICATION IN ADVANCE OF THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PLEASE NOTE THAT PURSUANT TO THE STATE OF CALIFORNIA’S OPEN MEETING RULES, THIS MEETING IS BEING AUDIO RECORDED.

TOWN OF WOODSIDE
Report to Town Council
From: Melissa Cardinale, Assistant to the Town Manager October 24, 2023 SUBJECT: VOLUNTEER COMMITTEE APPLICATION FOR REVIEW
Attached is an application for the Livestock and Equestrian Heritage Committee.

New Volunteer Application Town Council Meeting October 24, 2023

COMMITTEE APPLICATION
Applicant Information
Name: ______________________________________________ Email Address: _ __________ Street Address: __________________
Cell Phone: ______________ Home/other Phone: ____________________________ I have been a resident of Woodside for _____ years or _____ months.

Please state your interest in this committee: _________________________________________________________________ ________________________________________________________________________________________________________________ Talents, skills, resources you can offer: _______________________________________________________________________ ________________________________________________________________________________________________________________ Have you attended any meetings or programs of any Woodside committee or board? Which? _____________ ________________________________________________________________________________________________________________ Woodside residents qualified to comment on my capabilities:

Name: ______________________________Address: _________________________________ Contact: ______ Name: ______________________________Address: _________________________________ Contact: _____ Name: ______________________________Address: _________________________________ Contact: _____ Do you have any personal or financial interests that could be perceived by others as a conflict of interest relative to your service on the committee? Yes ____ No _____ If yes, please describe: ________________________________________________________________________________________ ________________________________________________________________________________________________________________ Any other relevant information: ______________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Participation & Time Commitment: Committee members are expected to attend monthly meetings unless previously excused and to contribute time and expertise appropriate to each committee’s purpose. *Attach additional pages, if needed.
☐Arts & Culture ☐Circulation ☐&OLPDWH 6XVWDLQDELOLW\ (PHUJHQF\ 3UHSDUHGQHVV ☐(QYLURQPHQW 2SHQ 6SDFH ☐/LYHVWRFN (TXHVWULDQ +HULWDJH ☐5HFUHDWLRQ ☐7UDLOV ☐9ROXQWHHULVP ☐:RRGVLGH +LVWRU\
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Meredith Wiedeman
2 I've ridden horses my whole life. I own 3 currently. I'm also a realtor with an interested in land management and animal care. This committee seems like a natural fit.

I am knowledgable about the care requirements of horses and have informally studied permaculture.

No
Fentress Hall
Carmen DiCinque
Bekah Witter
x

RECEIVED
10/5/2023

WOODSIDE TOWN HALL
New Volunteer Application Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 2
From: Lucy Oropeza, Accounts Payable Specialist October 24, 2023 Kevin Bryant, Town Manager
SUBJECT: REGISTER OF DEMANDS AGAINST THE TOWN OF WOODSIDE FROM OCTOBER 1 THROUGH OCTOBER 15, 2023
Per Town of Woodside Municipal Code Title III, Administration, Chapter 31.03.F the attached register of demands for October 1 through October 15, 2023, have been prepared, audited, and certified, by the Administrative Services Manager.

Attachment

1. Register of Demands October 1 through October 15, 2023 Item 2 Page 1 Town Council Meeting October 24, 2023
Accounts Payable
User:

Printed:
lucy.oropeza
10/17/2023 4:24 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
42721 2263 Vivian Shih & Chuhan Chung 10/06/2023
DefSpac10.02.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 42721: 3,000.00
42722 3099 James Kerr 10/06/2023
DefSpac10.02.23 Defensible Space Matching Fund Program FY24 185 Martinez Rd Defensible Space Matching Fund Program FY24 185 Martinez Rd 2,350.00 DefSpac100223 Defensible Space Matching Fund Program FY24 195 Martinez Rd Defensible Space Matching Fund Program FY24 195 Martinez Rd 2,350.00 Total for Check Number 42722: 4,700.00
42723 2895 Jean Liang 10/06/2023
DefSpac10.02.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 2,300.00 Total for Check Number 42723: 2,300.00
42724 2908 Jana van Greunen 10/06/2023
DefSpac10.03.23 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 42724: 3,000.00
42725 1006 Aaronson, Dickerson, Cohn & Lanzone 10/06/2023 1909 Legal Services September 2023 Legal Services September 2023 33,178.50 Total for Check Number 42725: 33,178.50
42726 2940 Adams Pool Solutions 10/06/2023
Refund10.03.23 980 Runnymede Rd BLDG2022-0389 Permit Finaled 980 Runnymede Rd BLDG2022-0389 Permit Finaled 1,000.00 Total for Check Number 42726: 1,000.00
42727 1031 AT&T - 939-103-5058 10/06/2023
000020575553 6505291639&6505291647 (Additional Lines-Museum)08.25.23-09.24.23 Phone (Additional Lines at Museum) 08.25.23-09.24.23 52.66 Total for Check Number 42727: 52.66
42728 1032 AT&T - 939-103-5059 10/06/2023
000020575554 6505291708(Automated Notification System/DSL) 08.25.23-09.24.23 Phone(Automated Notification System/DSL) 08.25.23-09.24.23 27.10 Total for Check Number 42728: 27.10
42729 1034 AT&T - 939-103-5061 10/06/2023
000020575557 6508512195Phone(Fax) 08.25.23-09.24.23 6508512195Phone (Fax) 08.25.23-09.24.23 52.66 Total for Check Number 42729: 52.66
42730 1035 AT&T - 939-103-5062 10/06/2023
000020529410 6508515591 TC/Woodside Pump Station 08.13.09.12.23 Phone (Town Center/Woodside Pump Station) 08.13.09.12.23 27.17 Total for Check Number 42730: 27.17
42731 1036 AT&T - 939-103-5063 10/06/2023
AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 1 Item 2 Page 2 Town Council Meeting October 24, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
000020575558 6508516795 Phone (Extra Office Number) 08.25.23-09.24.23 Phone (Extra Office Number) 08.25.23-09.24.23 24.23 Total for Check Number 42731: 24.23
42732 1037 AT&T - 939-103-5064 10/06/2023
000020575559 6508517741 La Quest Sewer Pump Station 08.25.23-09.24.23 Phone (Public Works)La Quest Sewer Pump Station08.25.23-09.24.23 27.12 Total for Check Number 42732: 27.12
42733 1112 Cotton Shires & Associate 10/06/2023
923260 110 Farm Road BLDG2023-0425 110 FarmRd BLDG2023-0425 1,547.00 923261 1101 Canada Road SDIV2022-001 1101 CanadaRd SDIV2022-001 307.50 923262 110 Hardwick Road BLDG2023-0337 110 Hardwick Road BLDG2023-0337 1,182.50 Total for Check Number 42733: 3,037.00
42734 1113 County of San Mateo 10/06/2023
LAFCO06.07.23 LAFCO FY2023-2024 LAFCO FY2023-2024 1,157.00 Total for Check Number 42734: 1,157.00
42735 1121 CSG Consultants, Inc. 10/06/2023
53035 Engineering Staff Services 07.29.23-08.25.23 Engineering Staff Services 07.29.23-08.25.23 17,600.00 53201 NPDES Annual Report Preparation FY22-23 07.29.23-08.25.23 NPDES Annual Report Preparation FY22-23 07.29.23-08.25.23 487.50 Total for Check Number 42735: 18,087.50
42736 2635 Fiduciary Experts LLC 10/06/2023
000093-R-0011 457 Fiduciary Oversight Quarterly Fee July-September 2023 457 Fiduciary Oversight Quarterly Fee July-September 2023 1,000.00 Total for Check Number 42736: 1,000.00
42737 1893 JMEC Engineering Inc 10/06/2023
315701-04 Kings Mountain Rd Equstrian Engineering Services Sept 2023 Kings Mountain Rd Equstrian Engineering Services Sept 2023 2,681.48 Total for Check Number 42737: 2,681.48
42738 1211 Lyngso Garden Materials, Inc. 10/06/2023
28342 Materials: Crushed Black Basalt Rock Materials: Crushed Black Basalt Rock 540.94 Total for Check Number 42738: 540.94
42739 1148 Gerardo Mendoza 10/06/2023
190 Barkley Fields Janitorial + Disinfecting August 2023Barkley Fields Janitorial + Disinfecting August 2023 940.00 191 Barkley Fields Janitorial + Disinfecting September 2023 Barkley Fields Janitorial + Disinfecting September 2023 940.00 236 Museum Janitorial + Disinfecting August 2023 Museum Janitorial + Disinfecting August 2023 240.00 237 Museum Janitorial + Disinfecting September 2023Museum Janitorial + Disinfecting September 2023 240.00 246 Independence Hall Janitorial August 2023 Independence Hall Janitorial August 2023 135.00 247 Independence Hall Janitorial September 2023 Independence Hall Janitorial September 2023 135.00 289 Branch Library Janitorial + Disinfecting August 2023 Branch Library Janitorial + Disinfecting August 2023 1,285.00 290 Branch Library Janitorial + Disinfecting September 2023 Branch Library Janitorial + Disinfecting September 2023 1,285.00 300 Town Hall Janitorial + Disinfecting August 2023 Town Hall Janitorial + Disinfecting August 2023 1,095.00 301 Town Hall Janitorial + Disinfecting September 2023Town Hall Janitorial + Disinfecting September 2023 1,095.00 Total for Check Number 42739: 7,390.00
42740 2225 Mission Uniform 10/06/2023
520113618 Weekly Public Works Uniform Rental Service 09.26.23 Weekly Public Works Uniform Rental Service 09.26.23 35.00 520170718 Weekly Public Works Uniform Rental Service 10.03.23 Weekly Public Works Uniform Rental Service 10.03.23 35.00 Total for Check Number 42740: 70.00
AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 2 Item 2 Page 3
Town Council Meeting October 24, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
42741 1245 ODP Business Solutions, LLC 10/06/2023
327964856001 Supplies: VIA Coffee Supplies: VIA Coffee 71.94 331989851001 Supplies: Ground Coffee Supplies: Ground Coffee 49.98 332007716001 Supplies:Note Pads, Mousepad, Copy Paper Supplies:Note Pads, Mousepad, Copy Paper 84.53 Total for Check Number 42741: 206.45
42742 2226 Quench USA, Inc. 10/06/2023
INV06327124 2 Water Units for TH/Public Works 09.20.23-10.19.23 2 Water Units for TH/Public Works 09.20.23-10.19.23 158.60 Total for Check Number 42742: 158.60
42743 1385 Stepford 10/06/2023
2301458 IT Server Monthly Service 09.01.23-09.30.23 IT Server Monthly Service 09.01.23-09.30.23 1,870.20 2301459 IT Monthly Off-site Disaster Recovery 09.01.23-09.30.23 IT Monthly Off-site Disaster Recovery 09.01.23-09.30.23 680.00 2301460 IT Monthly Service+MS Office License 09.01.23-09.30.23 IT Monthly Service+MS Office License 09.01.23-09.30.23 3,133.00 2301610 IT Server Monthly Service 11.01.23-11.30.23 IT Server Monthly Service 11.01.23-11.30.23 1,870.20 2301611 IT Monthly Off-site Disaster Recovery 11.01.23-11.30.23 IT Monthly Off-site Disaster Recovery 11.01.23-11.30.23 680.00 2301612 IT Monthly Service+MS Office License 11.01.23-11.30.23 IT Monthly Service+MS Office License 11.01.23-11.30.23 3,133.00 Total for Check Number 42743: 11,366.40
42744 1095 Sweeping Corporation of America 10/06/2023
107090CS Monthly Sweep Fee: September 2023 Monthly Sweep Fee: September 2023 1,513.68 Total for Check Number 42744: 1,513.68
42745 1333 Wells Fargo Financial Leasing, Inc. 10/06/2023 5026732250 Postage Meter Rental 10.13.23-11.12.23 Postage Meter Rental 10.13.23-11.12.23 78.75 Total for Check Number 42745: 78.75
Total for 10/6/2023: 94,677.24
42746 3052 Stephanie & Peter Bisgaard 10/13/2023
DefSpac10.09.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 42746: 3,000.00
42747 1889 Matthew Bonner 10/13/2023
DefSpac10.09.23 Refund for $300.00 for permit application BLDG2023-0145 Defensible Space Matching Fund Program FY24 300.00 DefSpac10.09.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 42747: 3,300.00
42748 2135 Kathy Felix 10/13/2023
DefSpac10.09.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 1,812.00 Total for Check Number 42748: 1,812.00
42749 2668 Matthew Hengehold 10/13/2023
DefSpac10.11.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 1,750.00 Total for Check Number 42749: 1,750.00
42750 3100 Christine Lee 10/13/2023
DefSpac10.05.23 Defensible Space Matching Fund Program FY24 Defensible Space Matching Fund Program FY24 3,000.00 Total for Check Number 42750: 3,000.00
42751 1005 AAA Rentals 10/13/2023
AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 3 Item 2 Page 4
Town Council Meeting October 24, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
805679 Equipment Rental:Barkley Park Scissor Lift,Trailer,Chains Equipment Rental:Barkley Park Scissor Lift,Trailer,Chains 217.80 805680 Equipment Rental:Glenwood Project16" Reversible Plate Compactor Equipment Rental:Glenwood Project16" Reversible Plate Compactor 132.00 Total for Check Number 42751: 349.80
42752 1039 AT&T Mobility 10/13/2023
873236230X10062023 Cell phones 873236320 08.29.23-09.28.28 Cell phones 873236320 08.29.23-09.28.28 187.00 Total for Check Number 42752: 187.00
42753 2963 Baker Tilly US, LLP 10/13/2023
BT2556102 Housing Element Consulting Services: September 2023 Housing Element Consulting Services: September 2023 3,570.00 Total for Check Number 42753: 3,570.00
42754 1512 CentralSquare Technologies, LLC 10/13/2023
392692 Trakit Migration:Public Administration Development Services Trakit Migration:Public Administration Development Services 585.00 Total for Check Number 42754: 585.00
42755 2894 ClientFirst Consulting Group, LLC 10/13/2023 15535 CentralSquare Migration Contract Negotiation September 2023 CentralSquare Migration Contract Negotiation September 2023 4,635.00 Total for Check Number 42755: 4,635.00
42756 3102 CSI Custom Homes 10/13/2023
Refund10.05.23 95 Skywood Dr. BLDG2022-0148 Permit Finaled 95 Skywood Dr. BLDG2022-0148 Permit Finaled 1,000.00 Total for Check Number 42756: 1,000.00
42757 1393 CSMFO 10/13/2023
200018069 Conference Registration:Cindy Safe CSMFO 2024Conference Registration:Cindy Safe CSMFO 2024 535.00 300012574 Membership Dues: Professional Category for Lucy Oropeza Membership Dues: Professional Category for Lucy Oropeza 50.00 Total for Check Number 42757: 585.00
42758 2770 Edge Communications Solutions 10/13/2023
44054 Phone (Main Office Number) 10.06.23-11.05.23 Monthly Phone (650)851-6790 10.06.23-11.05.23 206.14 Total for Check Number 42758: 206.14
42759 1308 Embarcadero Media 10/13/2023
79565 Legal Advertising 09.01.23-09.30.23 Legal Advertising 09.01.23-09.30.23 980.00 Total for Check Number 42759: 980.00
42760 1132 Esposto's Catering 10/13/2023
179229 Volunteer Appreciation Event Catering Volunteer Appreciation Event Catering 7,429.75 Total for Check Number 42760: 7,429.75
42761 2553 Farallon Company Engineering 10/13/2023
2302-7 Strom Related:Temporary Traffic Signal-Skyline&OLHR 9.5-10.2.23 Strom Related:Temporary Traffic Signal-Skyline&OLHR 9.5-10.2.23 18,606.80 Total for Check Number 42761: 18,606.80
42762 2992 Jessica Hatfield 10/13/2023
AC 10.09.23 Videographer Services: WACC 1st Friday Event October 2023 Videographer Services: WACC 1st Friday Event October 2023 340.00 Total for Check Number 42762: 340.00
42763 2998 Jill Kadlec Design 10/13/2023
1013 2023 Fall Woodside Newsletter-Design, Production & Printing 2023 Fall Woodside Newsletter-Design, Production & Printing 11,273.44 AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 4 Item 2 Page 5
Town Council Meeting October 24, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 42763: 11,273.44
42764 1188 JT Graphics 10/13/2023
6618 Volunteer Appreciation Item: Bandanas 10.20.23 Volunteer Appreciation Item: Bandanas 10.20.23 2,464.67 Total for Check Number 42764: 2,464.67
42765 1913 OK Lumber Co 10/13/2023
661135 Glenwood: Lumber Redwood, Plywood, Fir, Rough Redwood Glenwood: Lumber Redwood, Plywood, Fir, Rough Redwood 923.17 Total for Check Number 42765: 923.17
42766 1556 Quality Landscape & Concrete, Inc. 10/13/2023 BARKLEY09.30.23 Barkley Fields Monthly Landscape Maintenance Barkley Fields Monthly Landscape Maintenance September 2023 10,280.00 Canada09.30.23 Monthly Maintenance: Provide Water Service September 2023 Monthly Maintenance: Provide Water Service September 2023 572.00 HWY8409.30.23 Monthly Landscape Maintenance HY84 Medians September 2023 Monthly Landscape Maintenance HY84 Medians September 2023 860.00 LIBRARY09.30.23 Library Landscape Maintenance September 2023 Library Landscape Maintenance September 2023 1,080.00 OLHBridge093023 Old La Honda Bridge Monthly Landscape Maintenance 09.30.23 Old La Honda Bridge Monthly Landscape Maintenance 09.30.23 286.00 TOWN09.30.23 Town Monthly Landscape Maintenance September 2023 Town Monthly Landscape Maintenance September 2023 1,480.00 Total for Check Number 42766: 14,558.00
42767 2122 San Mateo County Public Safety Communications 10/13/2023 WDPD 24-01 Quarterly Dispatch Services for WPD Q1 Jul-Sept 2023 Quarterly Dispatch Services for WPD Q1 Jul-Sept 2023 30,504.50 Total for Check Number 42767: 30,504.50
42768 1289 Satcom Global, Inc. 10/13/2023
AI10230438 Satellite Service-Quarterly Fee September 2023 Satellite Service-Quarterly Fee September 2023 172.50 Total for Check Number 42768: 172.50
42769 2883 Shared Agency Risk Pool (SHARP) 10/13/2023
INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 541.61 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 1,918.20 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 282.09 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 2,708.05 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 5,190.43 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 6,205.95 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 1,566.16 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 5,551.50 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 3,385.06 INV0011 Workers Compensation FY23-24 Q2 ContributionsWorkers Compensation FY23-24 Q2 Contributions 1,579.70 Total for Check Number 42769: 28,928.75
42770 1513 St. Francis Electric, LLC 10/13/2023
23166704 TS & SL Maintenance- 2019 TS & SL Maintenance- September 2023 290.00 23166705 TS & SL Maintenance- September 2023 TS & SL Maintenance- September 2023 156.00 Total for Check Number 42770: 446.00
42771 1385 Stepford 10/13/2023
2306537 IT Service Overage/After Hours 00.00.23-09.30.23IT Service Overage/After Hours 00.00.23-09.30.23 82.50 Total for Check Number 42771: 82.50
42772 1310 Jeanne Thivierge 10/13/2023
Arch10.05.23FQ Archival Services: July 1 - September 30 2023 Archival Services: July 1 - September 30 2023 2,680.00 Total for Check Number 42772: 2,680.00
AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 5 Item 2 Page 6
Town Council Meeting October 24, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
42773 2932 Your Party Rental Company 10/13/2023
88241 Linens/tables for Volunteer Reception Linens/tables for Volunteer Reception 537.70 Total for Check Number 42773: 537.70
Total for 10/13/2023: 143,907.72
Report Total (53 checks): 238,584.96
AP Checks by Date - Detail by Check Date (10/17/2023 4:24 PM) Page 6 Item 2 Page 7
Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 3
Prepared by: Paula Wong, Management Analyst October 24, 2023 Reviewed by: Kevin Bryant, Town Manager
SUBJECT: 2023-24 First Quarter Treasurers Report

RECOMMENDATION
It is recommended that the Town Council review and accept the 2023-24 First Quarter Treasurers Report.

BACKGROUND
The Town of Woodside’s Investment Policy requires that there be “a quarterly report made to the Town Council that reports the status of all Investments” and California Government Code Section 53646 requires “the quarterly report shall be so submitted within 30 days following the end of the quarter covered by the report”. This report has been prepared to facilitate that review. It has been prepared by utilizing the Town’s financial reporting, LAIF and PARS investment reports, as of September 30, 2023.

DISCUSSION
LAIF Investment Report
The Town receives investment income from the Local Agency Investment Fund (LAIF), which is managed and administered by the State of California’s Treasurer. The performance investment report for LAIF for October 16, 2023, is shown in Attachment A.

This investment income is received on a quarterly basis, for the quarters ending March 31st, June 30th, September 30th, and December 31st. The Town receives an investment income statement and the cash from the State in the month following the end of the involved quarter. Thus, such revenue is received in July, October, January, and April. The Town’s LAIF principal balance (per LAIF statement) at the end of the first quarter (as of September 30, 2023) was $10,032,217.38.

LAIF Interest Rate Interest Earned FYTD
First Quarter (7/1 - 9/30) 3.59% 92,904.32 $ $ 92,904.32 Second Quarter (10/1 - 12/31)
Third Quarter (1/1 - 3/31)
Fourth Quarter (4/1 - 6/30)
PARS (IRS Sec 115) Investment Report
The Town has two IRS Section 115 accounts with PARS. The Pension account can be used for unfunded pension liabilities and is shown on the financial statements as restricted cash. The OPEB (other post-employment benefits) account is for retiree health premiums and is shown Item 3 Page 1
Town Council Meeting October 24, 2023
only in the notes of the statements (per Governmental Accounting Standards Board regulations). The Town’s PARS Pension account balance (per PARS statement) is $2,292,711.10 and the PARS OPEB account balance is $1,151,672.65 at first quarter end (as of September 30, 2023). The performance report for both accounts is included in Attachment B.

OPEB Investment Earnings Investment Return FYTD
First Quarter (7/1 - 9/30) -3.41% $ (42,407.09) $ (42,407.09) Second Quarter (10/1 - 12/31)
Third Quarter (1/1 - 3/31)
Fourth Quarter (4/1 - 6/30)
Investment Activity Report
LAIF
PARS

PENSION
PARS
OPEB
Beginning Balance Q1 July 2023 11,442,055.61 2,377,077.78 1,194,079.74 Transfer In- from Town's Wells Fargo Checking Account - - - Transfer Out- to Town's Wells Fargo Checking Account (1,500,000.00) - - Interest Income Q4 FY2023 Cash Basis, received July 2023 90,161.77 - - Net Investment Earnings(Loss) - (84,366.68) (42,407.09) Ending Balance Q1 July-September 10,032,217.38 2,292,711.10 1,151,672.65 Interest Income Q1-Accrual Basis, received October 2023 92,904.32 - - Due to the ease of access of the Town’s funds in liquid accounts such as LAIF and PARS, the Town has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months.

CONCLUSION
It is recommended that the Town Council review and accept this report.

Attachments
Pension Investment Earnings Investment Return FYTD
First Quarter (7/1 - 9/30) -3.41% $ (84,366.68) $ (84,366.68) Second Quarter (10/1 - 12/31)
Third Quarter (1/1 - 3/31)
Fourth Quarter (4/1 - 6/30)
Item 3 Page 2 Town Council Meeting October 24, 2023
September 3.534
August 3.434
July 3.305**
June 3.167
May 2.993
April 2.870
PMIA Average Life(1): 256
LAIF Fair Value Factor(1): 0.986307739
PMIA Daily(1): 3.48
PMIA Quarter to Date(1): 3.42
LAIF Apportionment Rate(2): 3.59
LAIF Earnings Ratio(2): 0.00009812538629360
LAIF Administrative Cost(1)*: TBD
Treasuries

64.37%
Agencies

20.72%
Certificates of
Deposit/Bank Notes

7.03%
Time
Deposits

3.35%
Commercial
Paper

4.01%
Corporate
Bonds

0.28%
Loans

0.24%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year. ** Revised
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 10/16/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 09/30/23
Chart does not include $2,444,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
09/30/23
$156.4 billion
Item 3 Page 3
Town Council Meeting October 24, 2023
Not A Deposit - Not FDIC Insured - May Lose Value - Not Bank Guaranteed - Not Insured By Any Federal Government Agency Past performance does not guarantee future results. All performance data, while deemed obtained from reliable sources, is not guaranteed for accuracy. Indexes shown are unmanaged and are not available for investment. Gross returns do not reflect the deduction of applicable fees which would reduce performance returns.

For the Period Ending September 2023
Performance for PARS/TOWN OF WOODSIDE 115P-PENSION (6746064201) Asset Allocation
Your total portfolio of investable assets may differ from the market value on your periodic statement of account due to certain assets being excluded from the calculation of your investment return.

Please contact a member of your Relationship Team for more information.

ASSET CLASS MARKET VALUE % OF TOTAL
Cash Equivalents $108,153.18 4.73%
Fixed Income $516,941.08 22.62%
Equities $1,621,853.95 70.97%
Real Assets $38,359.62 1.68%
Total $2,285,307.83 100%
Item 3 Page 4
Town Council Meeting October 24, 2023
Performance Returns
1 MONTH 3 MONTH

CALENDAR

QUARTER

TO DATE

CALENDAR

YEAR TO
DATE
FISCAL

YEAR TO
DATE

AVERAGE
ANNUAL
RETURNS:
1 YEAR

AVERAGE
ANNUAL
RETURNS:
3 YEAR

AVERAGE
ANNUAL
RETURNS:
5 YEAR
SINCE

INCEPTION
NOV 2020*
Total Portfolio
Gross of Fees (3.85%) (3.40%) (3.40%) 5.80% (3.40%) 12.63% N/A N/A 1.93% Total Portfolio
Net of Fees (3.87%) (3.48%) (3.48%) 5.54% (3.48%) 12.26% N/A N/A 1.61% Asset Classes
Gross of Fees
Cash Equivalents 0.43% 1.31% 1.31% 3.61% 1.31% 4.50% N/A N/A N/A Fixed Income (2.60%) (3.20%) (3.20%) (1.05%) (3.20%) 0.65% N/A N/A N/A Equities (4.58%) (3.79%) (3.79%) 8.55% (3.79%) 18.13% N/A N/A N/A Real Assets (7.28%) (8.59%) (8.59%) (5.43%) (8.59%) (1.30%) N/A N/A N/A * The beginning date for this information refers to the date your account was placed on performance calculation system at U.S. Bank.

Not A Deposit - Not FDIC Insured - May Lose Value - Not Bank Guaranteed - Not Insured By Any Federal Government Agency Past performance does not guarantee future results. All performance data, while deemed obtained from reliable sources, is not guaranteed for accuracy. Indexes shown are unmanaged and are not available for investment. Gross returns do not reflect the deduction of applicable fees which would reduce performance returns.

Item 3 Page 5 Town Council Meeting October 24, 2023
1 MONTH 3 MONTH CALENDAR

QUARTER

TO DATE

CALENDAR

YEAR TO
DATE
FISCAL

YEAR TO
DATE

AVERAGE
ANNUAL
RETURNS:
1 YEAR

AVERAGE
ANNUAL
RETURNS:
3 YEAR

AVERAGE
ANNUAL
RETURNS:
5 YEAR
SINCE

INCEPTION
NOV 2020*
Market Indicators
Gross of Fees
BBARC
Intermediate US
Government/Cred
it Index
(1.08%) (0.83%) (0.83%) 0.65% N/A 2.20% (2.93%) 1.02% N/A S&P 500 Index
(Total Return) (4.77%) (3.27%) (3.27%) 13.07% N/A 21.62% 10.15% 9.92% N/A * The beginning date for this information refers to the date your account was placed on performance calculation system at U.S. Bank.

Item 3 Page 6 Town Council Meeting October 24, 2023
Not A Deposit - Not FDIC Insured - May Lose Value - Not Bank Guaranteed - Not Insured By Any Federal Government Agency Past performance does not guarantee future results. All performance data, while deemed obtained from reliable sources, is not guaranteed for accuracy. Indexes shown are unmanaged and are not available for investment. Gross returns do not reflect the deduction of applicable fees which would reduce performance returns.

For the Period Ending September 2023
Performance for PARS/TOWN OF WOODSIDE 115P-OPEB (6746064200) Asset Allocation
Your total portfolio of investable assets may differ from the market value on your periodic statement of account due to certain assets being excluded from the calculation of your investment return.

Please contact a member of your Relationship Team for more information.

ASSET CLASS MARKET VALUE % OF TOTAL
Cash Equivalents $54,584.12 4.75%
Fixed Income $259,692.96 22.62%
Equities $814,460.09 70.95%
Real Assets $19,217.64 1.67%
Total $1,147,954.81 100%
Item 3 Page 7
Town Council Meeting October 24, 2023
Performance Returns
1 MONTH 3 MONTH

CALENDAR

QUARTER

TO DATE

CALENDAR

YEAR TO
DATE
FISCAL

YEAR TO
DATE

AVERAGE
ANNUAL
RETURNS:
1 YEAR

AVERAGE
ANNUAL
RETURNS:
3 YEAR

AVERAGE
ANNUAL
RETURNS:
5 YEAR
SINCE

INCEPTION
NOV 2020*
Total Portfolio
Gross of Fees (3.85%) (3.40%) (3.40%) 5.79% (3.40%) 12.62% N/A N/A 1.87% Total Portfolio
Net of Fees (3.88%) (3.48%) (3.48%) 5.53% (3.48%) 12.25% N/A N/A 1.55% Asset Classes
Gross of Fees
Cash Equivalents 0.43% 1.31% 1.31% 3.61% 1.31% 4.50% N/A N/A N/A Fixed Income (2.60%) (3.20%) (3.20%) (1.05%) (3.20%) 0.65% N/A N/A N/A Equities (4.58%) (3.79%) (3.79%) 8.55% (3.79%) 18.13% N/A N/A N/A Real Assets (7.28%) (8.59%) (8.59%) (5.43%) (8.59%) (1.30%) N/A N/A N/A * The beginning date for this information refers to the date your account was placed on performance calculation system at U.S. Bank.

Item 3 Page 8
Town Council Meeting October 24, 2023
1 MONTH 3 MONTH CALENDAR

QUARTER

TO DATE

CALENDAR

YEAR TO
DATE
FISCAL

YEAR TO
DATE

AVERAGE
ANNUAL
RETURNS:
1 YEAR

AVERAGE
ANNUAL
RETURNS:
3 YEAR

AVERAGE
ANNUAL
RETURNS:
5 YEAR
SINCE

Item 3 Page 9 Town Council Meeting October 24, 2023
1 TOWN OF WOODSIDE
Report to Town Council Agenda Item 4
From: Kevin Bryant, Town Manager October 24, 2023
SUBJECT: RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE REJECTING THE CLAIM SUBMITTED BY KEITH ATTARD ON JULY 19, 2023 IN THE AMOUNT OF $9,222.18

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution rejecting the claim submitted by Keith Attard on July 19, 2023 and authorizing the Town Clerk to issue a Notice of Rejection.

EXECUTIVE SUMMARY
Keith Attard submitted the attached claim (Attachment 2) in the amount of $9,222.18 for damages related to damages to his trailer and items stored on the trailer that were allegedly caused by a tree overhanging Kings Mountain Road. Town staff reviewed the claim with Sedgwick, the claims administrator for the PLAN insurance pool, through which the Town has liability insurance. Sedgwick recommends that the Town Council reject this claim and issue a Notice of Rejection. The attached resolution would formally reject the claim and direct the Town Clerk to issue a Notice of Rejection.

Attachments:

1. Proposed Resolution

2. Claim dated July 19, 2023 from Keith Attard
Item 4 Page 1 Town Council Meeting October 24, 2023
RESOLUTION NO. 2023- ______

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE REJECTING THE CLAIM SUBMITTED BY KEITH ATTARD ON JULY 19, 2023 IN THE AMOUNT OF $9,222.18.

WHEREAS, the Town of Woodside received a claim from Keith Attard on July 19, 2023, seeking a claimed amount of $9,222.18 in damages; and WHEREAS, the Town Council has reviewed the claim and determined that it should be rejected.

NOW THEREFORE BE IT RESOLVED that the Town Council rejects the claim submitted by Keith Attard on July 19, 2023 on behalf of the Town of Woodside and authorizes the Town Clerk to issue a Notice of Rejection to Mr. Attard at the address listed on the claim form.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 24th day of October, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 4 Page 2 Town Council Meeting October 24, 2023

Item 4 Page 5 Town Council Meeting October 24, 2023

Item 4 Page 6 Town Council Meeting October 24, 2023

Item 4 Page 7 Town Council Meeting October 24, 2023

Item 4 Page 8 Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 5
Prepared by: Cindy Safe, Administrative Services Manager October 24, 2023 Reviewed by: Kevin Bryant, Town Manager
SUBJECT: 2023-24 FIRST QUARTERLY BUDGET REVIEW AND RESOLUTION MODIFYING THE 2023-24 TOWN SALARY SCHEDULE AND CLASSIFICATION PLAN

RECOMMENDATION
It is recommended that the Town Council review and accept the 2023-24 First Quarterly Budget Review.

BACKGROUND
The Town Council’s Financial Management Policies require the Town Council to “conduct a comprehensive review of the fiscal status of the Town on a quarterly basis.” This report has been prepared to facilitate that review. It has been prepared by utilizing the fund balance reports and the detailed fund reports, as of September 30, 2023.

DISCUSSION
The General Fund as of September 30, 2023
The following table shows the General Fund revenues and expenditures through September 30th by category, for this and the previous two fiscal years, along with the budget year to date:
2023-24
Adopted 9/30/2023 9/30/2022 9/30/2021
Category Budget Actual Actual Actual
($000) ($000) ($000) ($000)
Revenues
Property Taxes 5,713.1 9.1 15.6 2.0
Sales Taxes 739.2 70.0 66.9 31.5
Prop Transfer Taxes 350.0 57.9 57.8 63.6
Franchise Fees 654.0 31.3 30.3 28.2
Licenses and Permits 1,413.0 567.3 483.8 443.1
Fines and Forfeitures 15.0 - 17.5 -
Intergovernmental 1,449.7 - 2,518.2 768.3
Use of Money and
Property 178.0 0.7 1.1 1.1
Service Charges- Program
Revenues 136.7 49.8 52.8 51.0
Other Revenue 83.8 23.8 6.5 20.1
Transfers 350.0 - - -
Total 11,082.5 809.8 3,250.5 1,408.8
Expenses
Salaries & Benefits 3,747.7 1,064.3 1,038.4 987.0
Services and Supplies 6,916.4 1,144.7 1,471.3 771.8
Equipment/Capital 235.0 - 1.4 81.0
Other Contributions 906.4 114.5 - 841.6
Total 11,805.4 2,323.5 2,511.1 2,681.3
Item 5 Page 1 Town Council Meeting October 24, 2023
General Fund revenue is about $2,440,700 lower than last fiscal year through September 30th .

During the first quarter, the largest decrease in revenue of $2,518,200 is in the Intergovernmental category. A federal reimbursement grant received through the Highway Bridge Program (HBP) for the Portola Road Bridge project of $1,542,033 accounted for most of the increase last fiscal year. In addition, the Town received $652,835 from the American Rescue Plan Act (ARPA) in the first quarter of last fiscal year. No comparable grants were received in the first quarter of fiscal year 2024. The total HBP grant has been expended and a quarter of the ARPA grant has been spent.

Most of the remaining revenue categories are up. Licenses and permits experienced an increase of $83,500 this year due to more building projects this year compared to last fiscal year at the end of the first quarter. Other revenue is up $17,300 due to an increase in staff charges against deposits. Sales taxes experienced the next highest increase of $3,100. Sales taxes are received from the State of California and include pooled San Mateo County sales.

Franchise fees went up slightly by $1,100.

Fines and forfeitures are down $17,500 due to decreased construction and demolition deposit forfeitures from last fiscal year. Property taxes went down $6,600 due to the timing of receipts from San Mateo County. Property taxes are expected to be up this fiscal year by 5% overall. Service charges went down $3,100. Use of money and property and property transfer taxes revenue stayed about the same.

There were no transfers either fiscal year. While there are some variations in the categories, revenues are at expected levels for the first quarter of this fiscal year. The last two fiscal years included unusual intergovernmental revenue and this year follows a more typical revenue pattern. The key revenue sources that provide indication of future health, property tax and license and permit revenues, are both up year over year.

Overall, General Fund expenditures are $187,600 lower than last year.

The reduction in expenditures is mostly due to a decrease in services and supplies this fiscal year of $326,700 due to the timing of the San Mateo County Sheriff’s bill of $619,242 paid in the first quarter of last fiscal year and none yet paid in the first quarter of this fiscal year.

The other contributions category is $114,500 higher due to transfers to capital projects of $114,500 from the General Fund this year and $702 the previous fiscal year. The capital project expenditures in the general fund in the first quarter of fiscal year 2023 is for storm drain repair, and the Woodside Road Median Beautification project. There is also a decrease in equipment/capital category of $1,400 due to no expenses yet this fiscal year.

There is an increase in contract services in disaster response of $200,000 this fiscal year due to continuing expenditures related to the storms of last winter and spring storm expenses.

There is an increase in salaries and benefits of $26,000, or 2.5% overall, inclusive of the Town’s lump sum payment of its unfunded liability obligation to CalPERS.

Expenses are at expected levels for the first quarter of this fiscal year.

As of September 30, 2023, the General Fund had unrestricted cash on hand of $6,784,329.

The previous 12 months (October 2022 through September 2023) average of General Fund cash to projected operating revenues is 71%, which is above the thirty percent of operating reserves required by the Town Council’s Financial Management Policies.

This year, the cash on hand in the General Fund includes restricted cash of $2,377,078 which Item 5 Page 2
Town Council Meeting October 24, 2023
is in the PARS Section 115 account. Not included in the General Fund cash on hand above, but in the PARS account as well is $1,197,878 which is allocated to the OPEB (Other PostEmployment Benefits, such as health care) account, which is not included in the general ledger, but is included in the financial statements (per GASB-General Accounting Standards Board regulation).

Attachment B to this report includes summaries of General Fund expenditure performance by department as of September 30, 2023.

All Funds as of September 30, 2023
The Town's cash position for all funds as of September 30, 2023, is $12,769,359.

The following table provides the total cash position on September 30th for this and the last two fiscal years for both discretionary and non-discretionary funds.

As of As of As of
9/30/2023 9/30/2022 9/30/2021

DISCRETIONARY FUNDS
General Fund (unrestricted) 6,784,329 7,054,057 5,632,028 Gen. Fund (restricted - PARS) 2,377,078 2,157,749 2,489,094

NON-DISCRETIONARY FUNDS
Barkley Construction Fund 301,525 327,329 337,912
Barkley Reserve Fund 256,529 251,928 251,234
Road Funds 1,271,704 1,510,914 1,255,713
COPS Fund 137,804 77,075 138,330
CLEEP Fund 2,857 2,806 2,799
Library Fund (28,371) (15,293) (66,718)
Parking District Debt Funds 65,025 69,259 69,346
Sewer Funds 901,270 751,615 694,297
Deposit Funds 718,599 761,209 668,721
Capital Improvement Program (CIP) Fund (18,990) (17,878) (465,059) TOTAL CASH 12,769,359 12,930,771 11,007,697
The General Fund is lower by $2,440,700 mostly due to additional revenue last fiscal year from capital and federal grants explained in the above section.

Sewer funds are higher by $149,655 because of increased sewer fees. In June 2023 the council approved a sewer rate increase based on increasing sewer expenses, which will increase sewer revenue (and the fund balance) through 2028.

Road fund balances are $239,210 lower due to the Glens Pathway project which is using revenue from roads funds Measure A, Measure W and Traffic Safety of $485,000. The Library Fund is negative because the Town Library will be invoiced for the operating expenses which have already been paid by the Town. The Town also has a balance of Library funds held by the San Mateo County Library JPA as of June 30, 2023, of $5,386,696.

The CIP fund is also negative due to expenses on capital projects, which have been incurred but the revenue has not yet been received.

Item 5 Page 3
Town Council Meeting October 24, 2023
The deposit funds are about the same, decreasing by $42,610 this year. Most of the remaining funds are about the same as last fiscal year.

Attachment C to this report presents summaries by fund of revenues and expenditures through September 30, 2023, compared to budget.

Expenditures across all funds are $866,425 more compared to a year ago. This increase is attributable to three main fund increases: the Capital Fund, the Measure A Fund and the Traffic Safety Fund.

There is an increase in Capital Fund expenses of $596,718 due to the very little capital expenses during last year’s first quarter and more in 2024 including the Glens Pathway project, storm drain repair, and the Woodside Road Median Beautification project. Capital project expenses for the first quarter fiscal year 2023 totaled $1,271 and projects for fiscal year 2024 totaled $597,117.

In connection with the Capital Fund expenses, Measure A and Traffic Safety Funds expenses (transfers from Measure A and Traffic Safety to the Capital Fund) increased to fund the above-mentioned capital projects in the first quarter of fiscal year 2024 and there were no such transfers in fiscal year 2023.

Revenues across all funds have decreased $1,851,025 from a year ago. This decrease is mainly due to the decrease in General Fund revenues of $2,440,666 which was somewhat offset by an increase in capital project activity of $596,415.

Modification of the Town Salary Schedule
The Town Manager recommends that the Town Salary Schedule be modified with three changes. First, the Town Manager recommends changing the Administrative Services Manager classification to Administrative Services Director. The incumbent Administrative Services Manager has been with the Town since March 2012 when she was hired as a Senior Management Analyst. In recognition of her increased level of responsibility, experience, and expertise, she was promoted to Administrative Services Manager in 2016. Since then, her experience and expertise has grown, and she has assumed greater responsibility for overseeing critical finance and human resources services of the Town. She has also been instrumental in the Town’s compliance with State mandates related to composting and waste management and in the transition to cloud-based permit software, among other contributions.

Second, the Town Manager recommends designating the following additional positions as eligible to receive Administrative Leave: Deputy Planning Director, Senior Engineer, and Senior Management Analyst. The positions are Fair Labor Standards Act (FSLA) exempt and Administrative Leave is used to compensate employees who must work beyond normal business hours. Not all these classifications are currently used, but this change will clarify their classification in the event of promotions or new hires.

The third change recommended by the Town Manager is to include the changing salary for the Town Manager position.

CONCLUSION
It is recommended that the Town Council review accept this report and adopt the attached resolution modifying the Town’s Salary Schedule.

Attachments
Item 5 Page 4
Town Council Meeting October 24, 2023
RESOLUTION NO. 2023 -

A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF WOODSIDE MODIFYING THE 2023-24 TOWN

SALARY SCHEDULE AND CLASSIFICATION PLAN
WHEREAS, Woodside Municipal Code Section 31.20 (D) provides that the Town Manager shall recommend the organization of offices, positions, and departments to the Town Council; and
WHEREAS, formal approval of such organization requires the adoption of the Salary Schedule and Classification Plan, incorporated in “Exhibit A" attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the Salary Schedule and Classification Plan attached hereto as Exhibit "A" is hereby approved and adopted effective October 25, 2023.

* * * * * *
Passed and adopted by the Town Council of the Town of
Woodside, California, at a meeting thereof held on the 24th day of October 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mayor of the Town of Woodside
ATTEST:
_____________________________
Clerk of the Town of Woodside
Item 5 Page 5
Town Council Meeting October 24, 2023
RESOLUTION 2023 ‐

EXHIBIT A

SCHEDULE OF MONTHLY SALARIES
Minimum Maximum
Town Manager3
Town Engineer/Director of Public Works1 11,397 22,794
Planning Director1 11,397 22,794
Administrative Services Director1 11,397 22,794
Deputy Planning Director1 9,087 18,174
Deputy Town Engineer1 9,087 18,174
Principal Planner1 8,426 16,852
Senior Planner1 7,525 15,050
Senior Engineer1 7,525 15,050
Town Clerk1 7,066 14,132
Assistant to the Town Manager1 7,066 14,132
Senior Management Analyst1 6,850 13,700
Supervising Maintenance Worker2 6,635 13,269
Associate Planner 6,153 12,306
Associate Engineer 6,153 12,306
Assistant Planner 5,705 11,410
Management Analyst 5,299 10,597
Maintenance Worker2 4,784 9,568
Project Manager 4,549 9,098
Planning Technician 4,549 9,098
Accounts Payable Specialist 4,549 9,098
Office Manager 4,549 9,098
Records Manager 4,549 9,098
Administrative Assistant 4,549 9,098
Clerical 17/hr 33/hr
Intern/Fellow 17/hr 33/hr
Laborer 17/hr 33/hr
(1) Eligible for Administrative Leave, to be administratively determined and managed by the Town Manager pursant to the Town's personnel policies.
(2) Subject to emergency call back pay at two times base rate (3) Town Manager's salary set by contract and may be amended by separate resolution. Salary is $21,167 per month through December 31, 2023, and $22,225 per month effective January 1, 2024
Monthly
22,225
Hourly Rate
Item 5 Page 6
Town Council Meeting October 24, 2023
GENERAL FUND BY DEPARTMENT AS OF 9/30/202
3 ATTACHMENT B-1
DEPARMENTS 2023-24 BUDGET ACTUAL YEAR TO DAT
E % OF TOTA
L
TOWN COUNCIL 61,400 27,983 45.6%
ADMINISTRATION 2,051,835 539,028 26.3%
PLANNING 1,376,150 288,959 21.0%
BUILDING AND GROUNDS 216,560 44,993 20.8%DISASTER PREPAREDNES S 65,000 201,236 309.6%
TOWN-WIDE OVERHEAD 811,500 380,150 46.8%
SAFETY SERVICES 4,291,964 186,938 4.4%
TRAILS 109,370 33,497 30.6%PUBLIC WORKS 2,486,110 488,908 19.7% RECREATION 29,000 2,567 8.9%
BARKLEY O & M 306,555 129,236 42.2%
2022-23 BUDGET ACTUAL YEAR TO DAT
E % OF TOTA
L

SALARIES/BENEFIT
S 3,747,720 1,064,338 28.4%
SERVICES/SUPPLIES 6,916,374 1,144,654 16.5% EQUIP/CAPITA L 235,000
0 0.0%

TRANSFERS OU
T 906,350 114,500 12.6%
TOTA
L 2,323,493 11,805,444 19.7%
Item 5 Page 7
Town Council Meeting October 24, 2023
Attachment B-2
GENERAL FUND BY DEPARTMENT AS OF 9/30/23

GENERAL COMMENTS:

1. As of September 30, 2023, 25% of the fiscal year had elapsed.

2. For Salaries and Benefits, expenditures include a lump sum pre-payment of the Town’s unfunded pension liability for 2022-23 to CalPERS.

DEPARTMENTAL COMMENTS:

Town Council: The Town Council Department supports memberships in outside agencies including C/CAG and ABAG as well as the Town’s volunteer committees. This departmental budget is within expected expenditure levels.

Administration: The Administration Department supports the functions of the Town Manager, Town Attorney, and Town Clerk and the Finance staff. This departmental budget is within expected expenditure levels.

Planning: The Planning Department supports the work of the Planning Commission, ASRB, and Planning staff. This departmental budget is within expected expenditure levels.

Buildings and Grounds: The Building and Grounds Department supports the maintenance of Town properties. This departmental budget is within expected expenditure levels.

Disaster Preparedness: The Disaster Preparedness Department supports the response to emergencies and disasters. The Town is still conducting repair of the Kings Mountain Road equestrian bridge and have traffic lights on Old La Honda Road.

Town-Wide Overhead: The Town-Wide Overhead Department supports information technology systems and property, liability, and employer practices insurance. The full annual premium for property, liability, and employer practices insurance has been paid in the first quarter. This departmental budget is within expected expenditure levels.

Safety Services: The Safety Services Department supports the police services contract with the Sheriff's Office as well as the Defensible Space Matching Fund Program. As of September 30, 2023, the Town has not yet been billed for the police services contract. This departmental budget is within expected expenditure levels.

Trails: This department supports the maintenance of the Town’s trail network. This departmental budget is within expected expenditure levels.

Public Works: The Public Works Department supports building plan check and inspection services as well as management of the Town’s infrastructure. This departmental budget is within expected expenditure levels.

Recreation: The Recreation Department supports programs of the Recreation Committee. This departmental budget is within expected expenditure levels.

Barkley Fields and Park: The Barkley Fields and Park Department supports the operation and maintenance of the Park. This departmental budget is within expected expenditure levels.

Item 5 Page 8
Town Council Meeting October 24, 2023

TOWN OF WOODSIDE ATTACHMENT C
FY2024 AS OF 9/30/2023

REVENUES REVENUES EXPENSES EXPENSES
BUDGET ACTUAL % OF TOTAL BUDGET ACTUAL % OF TOTAL
FUND
101 - GENERAL FUND 11,082,505 809,797 7.3% 11,805,444 2,323,493 19.7%301 - CAPITAL IMPROVEMENT FUND 1,850,000 597,117 32.3% 1,850,000 597,989 32.3%151/52 - BARKLEY CONSTRUCTION FUND 40,400 0 0.0% 30,000 0 0.0% 204 - TRAFFIC SAFETY 99,500 5,141 5.2% 309,050 209,621 67.8% 206 - GAS TAX 289,835 35,417 12.2% 250,820 28,192 11.2%210 - TRANSIT TAX/MEASURE A 387,500 66,375 17.1% 723,550 280,266 38.7%211- TRANSIT TAX/MEASURE W 182,200 13,495 7.4% 299,152 82,616 27.6% 242 - ROAD IMPACT FUND 482,200 95,145 19.7% 511,310 85,156 16.7%243 - SUPPLEMENTAL LAW ENFC SERVICE 176,130 96,415 54.7% 200,000 0 0.0%250 - WOODSIDE BRANCH LIBRARY OPS 195,500 45,000 23.0% 196,050 23,424 11.9%525 - CANADA CORRIDR SWR ENTRPRSE FD 47,725 0 0.0% 51,935 16,537 31.8% 528 - SEWER UTILITY 691,500 4,897 0.7% 687,048 140,131 20.4%537 - REDWOOD CREEK SEWER 1,050 0 0.0% 0 0 0.0% TOTAL OPERATING 15,526,045 1,768,799 11.4% 16,914,359 3,787,425 22.4% Item 5 Page
9 Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item A
From: Kevin Bryant, Town Manager October 24, 2023
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING SECTION 51.124 OF THE

WOODSIDE MUNICIPAL CODE TO ALLOW PARCELS WITH PARTIAL SEWER

ASSESSMENTS IN SERVICE AREA I THAT ARE EQUAL TO OR LARGER

THAN THE MINIMUM LOT SIZE TO OBTAIN FULL SEWER ASSESSMENTS

RECOMMENDATION
Staff recommends that the Town Council conduct a public hearing and introduce an Ordinance Amending Section 51.124 of the Woodside Municipal Code to allow parcels that hold a partial sewer assessment within Service Area 1 (the Glens) to obtain full assessments if the parcel is larger than the applicable minimum lot size. To properly introduce the Ordinance, the Council should:

1. Receive the staff report;

2. Open the public hearing on the proposed Ordinance;

3. Close the public hearing; and

4. After Council discussion, motion to introduce Ordinance by title, waive further reading, and schedule second reading and adoption at the November 28, 2023 meeting.

BACKGROUND
In 1967, a survey of septic systems in the Glens neighborhood determined that a majority of septic systems serving the homes in the neighborhood had failed or were failing. In 1968, the residents of the Glens neighborhood successfully petitioned the Town to create the Redwood Creek Trunk Sewer Assessment District (“RCS”) to offer sewer service to all of the Glens and some of the surrounding areas, such as the Woodside Hills, which were not already served by the Fair Oaks Sewer District (FOSD). The RCS assessed property owners in its designated service area to pay off bond funds obtained to build out sewer trunk lines and lateral connections to individual homes. The RCS negotiated an agreement with FOSD, under which FOSD would accept up to 150,000 gallons per day from the RCS, which it would transport to be treated at the wastewater treatment plant in Redwood Shores.

In 1969, the Town adopted Ordinance 1969-210, which required all residents of the Glens to attach to the new sewer lines created by the RCS. This was because septic systems in the Glens were prone to failure, which constituted a public health risk. Each owner in the Glens was assessed $2,934.70, or their pro rata share of the cost to install trunk and lateral lines to service their properties. These parcels are characterized as “Service Area 1” in section 51.123 of the Municipal Code. Parcels within the RCS’s service area but not located within the Glens were not required to immediately switch from septic to sewer, and were only assessed $816.80, which was the cost of installing trunk lines only. These parcels are part of “Service Area Item A Page 1 Town Council Meeting October 24, 2023
II” and are entitled to connect to the sewer system upon payment of an equalization fee in addition to the cost of extending the sewer lines to reach the parcel(s) to be served.

At the time the assessments were calculated, many contiguous parcels were in common ownership and were understood to only have a single buildable area among them. For this reason, at the owner’s request, the Town apportioned assessments for properties which would collectively only require a single sewer connection. For example, in cases where three contiguous parcels were in joint ownership with a single home existing on only one of the parcels, the developed parcel would receive 1/2 an assessment, and the remaining two lots would each receive a 1/4 assessment.

From 1970 until the early 1990s, the Town allowed parcels with partial assessments, and even some lots outside of the Glens with no assessment, to connect to sewer through the RCS, upon payment of the equalization fee and/or by transferring assessments from other parcels within the RCS. However, in 1993, the Town became concerned about the RCS exceeding its negotiated capacity, as the Woodside Hills was experiencing a higher rate of development, which resulted in new sewer connections for parcels previously undeveloped or served by septic.

The Town was also concerned about increased capacity among the existing customers of RCS. Although the RCS was only producing 64,250 gallons per day (well below the 150,000 gallons per day of reserved capacity) only 257 of the 548 assessed parcels had connected to sewer.

It was believed that, should all assessed parcels connect to sewer, it would leave very little, if any, remaining capacity.

To address these concerns, the Town Council adopted a moratorium on new connections in the RCS in July 1994. That moratorium was extended in 1995 and again in 1996. In 1998, the Town Council adopted Ordinance 1998-491, which created section 51.124 of the Woodside Municipal Code. Section 51.124 maintains the right of every assessed parcel to connect to sewer but prohibits the Town from allocating new assessments in the RCS, which effectively disallows development on undeveloped sites with either no assessments or partial assessments.

Section 51.124 of the Woodside Municipal Code immediately became the subject of litigation. The house at 163 Otis Avenue sits on one of three jointly owned parcels located at the end of Otis Avenue and adjacent to Town-owned open space. At the time that the RCS assessments were calculated, the then-owner of the three parcels requested that he receive the equivalent of only one full assessment, as he did not intend to develop the two empty parcels. The Town agreed to the request and split the assessment so that the developed parcel would have 1/2 an assessment, while the two undeveloped parcels each received 1/4 assessments.

Subsequent owners of the three parcels approached the Town during the 1990s about developing one or both of the undeveloped parcels. The Town denied those requests, as there was no way to obtain sewer service for the undeveloped parcels under both the 1994 Moratorium and prohibitions adopted through Section 51.124. The owners challenged Item A Page 2
Town Council Meeting October 24, 2023
the Section 51.124 and argued that denying their ability to obtain sewer connections and develop the parcels were violations of their Constitutional rights to equal protection and substantive due process, as well as a taking of property without just compensation. In 2000, the trail court ruled in favor of the Town, and indicated that the prohibitions in Section 51.124 were legal and enforceable. In 2002, the Court of Appeal affirmed that decision.

Recently, the three parcels at 163 Otis Avenue have once again changed ownership. The current owners have approached the Town to discuss development potential for the two undeveloped lots. Because Section

51.124 continues to preclude additional sewer allocations, and because septic systems are not allowed in the Glens, there is currently no way to develop the two vacant parcels with habitable structures.

However, the concerns that originally prompted the adoption of Section

51.124 no longer seem as pressing. While it appeared likely in the 1990s that the RCS would run out of capacity due to increased development and transitions from septic to sewer in the Woodside Hills, average daily capacity currently used is estimated to be 121,000 gallons per day based on the number of connections, which is below the 150,000 gallons per day available. Additionally, while the FOSD represented that it did not have additional capacity that it could dedicate to the RCS in the 1990s, the former Town Engineer understood that FOSD would be able to accommodate capacity above 150,000 gallons per day, in the event the RCS exceeds this guaranteed capacity.

Given that capacity now appears to be less of an issue than once thought, staff is proposing the attached amendment to Section 51.124 for the Council’s consideration.

ANALYSIS
Existing Ordinance: Section 51.124 does several things. First, it reserves sewer capacity allocations for all undeveloped parcels that paid full assessments into the RCS but have not yet connected to the system. Second, it allows contiguous parcels to, through merger or subdivision, obtain sewer capacity allocation(s) for new parcels, so long as each new parcel has the equivalent of at least a full assessment. Third, it prohibits the transfer of assessments and the associated right to obtain a sewer capacity allocation. Fourth, it prohibits the Town from issuing a building permit to develop any parcel which does not have a full sewer assessment. And finally, it allows developed parcels that are already connected to the RCS system, but have less than a full assessment across contiguous parcels that were in common ownership at the time the assessments were made, to pay an equalization fee to obtain a full assessment.

Proposed Amendment: The proposed amendment would add a new subsection to Section 51.124 of the Woodside Municipal Code, which would allow undeveloped parcels with partial assessments that meet minimum lot area requirements to obtain full assessments. This would require payment of an equalization fee, as well as a finding by the Council Item A Page 3
Town Council Meeting October 24, 2023
that adequate sewer capacity exists to accommodate the additional connection(s). It would also require that no developed parcel be left with less than a full assessment. This means, for example, if adjacent parcels in joint ownership each have 1/2 assessments used jointly for a single connection to a structure on one of the parcels, developing the second parcel would require payment of an equalization fee equivalent to the current value of one new full assessment, such that neither parcel would be left with only 1/2 an assessment. The current estimate for the equalization fee is $4,500. An applicant would also be required to pay a $14,250 intract fee, as would any property that wants to connect to RCS regardless of whether there is a paid assessment or not.

Staff considered proposing an amendment that would have allowed any parcel in the Glens with a partial assessment, regardless of its size, to pay the equalization fee to obtain a full assessment. This would have resulted in up to 47 potential new connections. Staff was concerned that this many potential additional connections, if immediately connected, might overtax the existing infrastructure.

Further, many of the parcels with partial assessments are extremely small, limiting their development potential and in some cases likely prohibiting development altogether.

Staff opted instead to propose that only parcels meeting the minimum lot area be able to buy up from a partial to a full assessment.

Pursuant to Section 153.205 of the Woodside Municipal Code, the minimum lot size in the R-1 District is 20,000 sq. ft. (approximately

0.46 acres). Currently there are four parcels that have partial assessments and meet this size criteria. A limited number of additional parcels, including the two undeveloped parcels at 163 Otis Avenue, might also be merged to meet the size requirement necessary to allow them to obtain a full assessment.

CONCLUSION
Staff requests that the Council hold a public hearing to solicit public input on the proposed Ordinance. At the close of that hearing, staff recommends that the Council introduce the proposed Ordinance and schedule its second reading and adoption on November 28, 2023.

Attachments

1. Proposed Ordinance

Item A Page 4
Town Council Meeting October 24, 2023
ATTACHMENT 1

ORDINANCE
Item A Page 5
Town Council Meeting October 24, 2023
ORDINANCE NO. 2023 - _____

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE AMENDING SECTION 51.124 OF THE WOODSIDE MUNICIPAL CODE TO ALLOW PARCELS WITH

PARTIAL SEWER ASSESSMENTS IN SERVICE AREA I THAT ARE EQUAL TO OR

LARGER THAN THE MINIMUM LOT SIZE TO OBTAIN FULL SEWER ASSESSMENTS WHEREAS, in 1968 the Town of Woodside created the Redwood Creek Trunk Sewer Assessment District (“RCS”) to provide sewer service to the Glens neighborhood and some of its surrounding areas, such as the Woodside Hills, which did not have access to sewer service; WHEREAS, through an agreement with the Fair Oaks Sewer District (“FOSD”), RCS is allotted up to 150,000 gallons of flow per day to be transported by FOSD and treated at Silicon Valley Clean Water in Redwood Shores;
WHEREAS, the Town Council adopted Ordinance 1998-491 in 1998, which enacted Section 51.124 of the Woodside Municipal Code to prohibit new sewer assessments and allocations in the Glens neighborhood (defined as “Service Area I” under Section 51.123 of the Municipal Code);
WHEREAS, Section 51.124 was adopted in response to concern that additional sewer connections caused by development within the RCS service area and increased capacity use by existing users would cause the RCS to exceed its guaranteed available capacity of 150,000 gallons per day;
WHEREAS, although the daily flow from the RCS has increased over the 25 years since the adoption of Section 51.124, adequate capacity remains available; WHEREAS, the FOSD has indicated that, should the RCS approach its guaranteed daily capacity, it could provide additional capacity to the RCS; WHEREAS, prior to the adoption of Section 51.124, parcels in Service Area I that had been partially assessed for the RCS sewer system improvements were able to obtain full assessments, and therefore obtain sewer allocations, upon payment of equalization fees; WHEREAS, there are approximately 47 parcels within Service Area I which currently have partial sewer assessments;
WHEREAS, four of those 47 partially assessed parcels are of a size that meets the minimum lot size requirements contained in Section 153.205 of the Woodside Municipal Code; WHEREAS, additional parcels with partial assessments in Service Area I might be merged to meet the minimum lot size requirements if doing so would allow the merged parcels to obtain sewer allocations;
WHEREAS, allowing parcels that have partial assessments and meet minimum lot requirements to obtain full assessments will allow those parcels to be developed consistent with the standards applicable to the R-1 Zoning District.

Item A Page 6
Town Council Meeting October 24, 2023
IT IS HEREBY ORDAINED by the Town Council of the Town of Woodside as follows:

SECTION ONE: The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.

SECTION TWO: Section 51.124, Allocation of sewer service to Area I, of Title V, Chapter 51, Article VIII of the Woodside Municipal Code is hereby amended to add subsection (f), to read as follows:
(F) Owners of undeveloped parcels with partial assessments and that meet the minimums lot areas set forth in Section 153.205, Lot Area Requirements, may obtain full assessments through approval by the Town Council. The full assessment status for any such parcel shall only be approved where connection fees and equalization fees have been paid under Section 51.128 General Conditions, unreserved and unallocated sewer capacity exists, and no developed parcel is left with less than a full assessment.

SECTION THREE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION FOUR: Pursuant to Section 36937 of the Government Code of the State of California, this Ordinance shall take effect 30 days after its passage.

SECTION FIVE: The Town Clerk shall cause this Ordinance to be published in accordance with the requirements of Section 36933 of the Government Code of the State of California.
* * * * * * * * * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No. 2023-_____ of the Town of Woodside entitled as above; that it was introduced on the ___ day of ________ 2023 and was passed and adopted by the Town Council on the ____ day of _____ 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_____________________________
Clerk of the Town of Woodside
Item A Page 7
Town Council Meeting October 24, 2023
APPROVED:
_____________________________
Mayor of the Town of Woodside
Item A Page 8
Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item B
From: Jean B. Savaree, Town Attorney October 24, 2023
SUBJECT: DISCUSSION OF A POTENTIAL ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE AMENDING SECTION 30.03,

PROCEDURE FOR FILLING VACANCIES ON THE TOWN COUNCIL,
TITLE III, ADMINISTRATION, CHAPTER 30, TOWN COUNCIL, OF

THE WOODSIDE MUNICIPAL CODE TO EXTEND THE TIME TO CALL

FOR A SPECIAL ELECTION TO FILL VACANCIES ON THE TOWN

COUNCIL

RECOMMENDATION
Staff recommends that the Council receive public input on this report, discuss, and provide direction to staff regarding a potential ordinance amending Section 30.03 of the Woodside Municipal Code.

BACKGROUND
On July 12, 2022, the Town Council discussed how to fill a vacancy caused by the resignation of former Councilmember John Carvell. The Council chose not to appoint an interim councilmember and called a special election for the next available election date, which was the Statewide election held on November 8, 2022. During the discussion on this item, the Council requested that staff prepare an ordinance amendment that would extend the time to act on a vacancy from the 30 days allowed under the current ordinance to the 60 days allowed under the default provisions in the Government Code. The Council also indicated that it wanted to understand the range of options available to fill vacancies in the future. This report lays out the different methods of filling vacancies so that Council may provide direction on the method it would like codified in an ordinance amendment to be introduced at a subsequent meeting.

DISCUSSION ON STATE LAW AND THE EXISTING TOWN ORDINANCE California Government Code section 36512 prescribes the process by which councils and boards must fill unexpected vacancies in elected offices. To understand the process and options available under section 36512, it is important to differentiate between municipal election dates and regularly established election dates. Municipal elections are those at which the municipality regularly elects people to its offices. In Woodside, municipal elections occur every 2 years when candidates are elected to terms on the Town Council. Conversely, regularly established election dates are those prescribed by the Election Code as available for elections throughout the State, which include the municipal election dates as well as several additional dates. Specifically, Election Code section 1000 defines the regularly established election dates as follows:
(a) The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four;
(b) The first Tuesday after the first Monday in March of each odd-numbered year; (c) The second Tuesday of April in each even-numbered year; (d) The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four; and
(e) The first Tuesday after the first Monday in November of each year.

Item B Page 1 Town Council Meeting October 24, 2023
Subsection 36512(b) of the Government Code provides two options for filling councilmember vacancies and requires that the Council exercise one of those options within 60 days of the vacancy.

The first option is simply to call for a special election to be held at the next regularly established election date that is no less than 114 days away. Under this scenario, the vacated seat remains unfilled until that special election. The second option is to appoint a qualified person to fill the seat. When a council selects this second option, the appointee will serve until the next municipal election which is more than 130 days away. Because Woodside holds its council elections every two years and elects councilmembers to four-year terms, this would effectively mean that an appointment to fill a vacancy that occurs within the first 19 months of a term would last only until a person is elected to fill the second half of the term, and appointments made within the last 29 months of the term would last through the end of the term.

However, per the authority granted under subsection 36512(c), Woodside has adopted an ordinance codified as Woodside Municipal Code 30.03, which varies from the default method of filling vacancies. The Ordinance indicates in Section 30.03(A) that its purpose is to allow the Council to call for a special election and make an interim appointment to fill the vacancy until that special election, rather than choosing one option or the other pursuant to the default provisions of Government Code 36512(b) discussed above. The Ordinance also indicates that its intent is to provide more flexibility when the Council is required to schedule a special election to fill a vacancy.

The Town Council enacted Section 30.03 through Ordinance 1999-497, which was adopted on October 12, 1999. At that time, the Government Code provided only 30 days to act on vacancies, either through appointments or by calling for special elections. That section of the Government Code, 36512(b), was revised in 2010 to allow 60 days to act on vacancies. While the Town’s ordinance no longer mirrors the deadline to act under the Government Code, it remains in compliance with the requirements prescribed by that Code by limiting, rather than broadening, the time to act.

Consistent with the Government Code section 36512(c)(3), the Town’s ordinance requires that the Council call a special election to occur at either the next established election or the next general municipal election date, no less than 114 days after the call of the special election. However, unlike the default processes prescribed by the Government Code that requires action within 60 days, section 36512(c)(3) provides no explicit time to act and instead indicates that the Town’s ordinance must provide that a special election be “immediately” called. Unfortunately, there is no legislative or judicial guidance as to how to interpret the use of the term “immediately” within this section. Without the benefit of precedential interpretation, the Town Attorney believes that section 36512(c)(3) should be viewed as providing the Town the ability to provide greater voter representation through its ordinance, but no less voter representation than would occur under the default provisions of 36512(b).

In other words, section 36512(c)(3) allows the Council to shorten the time that an appointee remains in office by requiring that the seat be filled at the next regularly established election, instead of waiting until the next municipal election. However, the Council cannot leave a seat vacant longer than would occur under the default provisions of the Government Code by choosing not to make an appointment and calling a special election at the next municipal election when a regularly established election date occurs prior to the next municipal election and is at least 174 days away (60 days to act plus 114-day deadline).

Based on the time that a vacancy occurs, the Town’s current Ordinance will either dictate that a special election must be called at the next regularly established election date or provide the Council up to Item B Page 2 Town Council Meeting October 24, 2023

three options. When a vacancy occurs between 144 and 114 days of an election date (i.e. within 30 days prior to the 114-day cutoff), the Council can choose to hold the special election at the next regularly established election date by calling the election prior to the 114-day cutoff, or wait for the following regularly established election by calling for the special election after the 114-day cutoff.

Additionally, in instances where the vacancy occurs prior to the mid-term Municipal Election, the Council can also make an appointment and call for the special election on that date. In instances where a vacancy occurs outside of 144 days of the next election date, the Council must call for a special election either at the next regularly established election date or at the next municipal election (and make an appointment if the next regularly established election date is not also a municipal election).

COST IMPLICATIONS
The San Mateo County Elections Office administers all elections that occur within the County. When Woodside holds an election, it pays its proportional share of the cost incurred by the Elections Office to administer the election. While the costs of individual elections vary based on the number and type of items on the ballots, the date on which a special election is called will heavily influence the cost incurred by the Town.

Municipal election dates will generally be the most cost-effective time to fill vacancies by special election because the added cost of including special elections on ballots already circulated in Town will be relatively small compared to the cost of holding special elections on dates when the Town otherwise does not hold elections. This is presumedly why Government Code section 36512 provides the default option of calling an immediate election and taking on the associated cost, or making an appointment and waiting until the next municipal election to permanently fill the vacancy so that the cost of filling the vacancy is minimized.

Outside of municipal elections, there are statewide elections (Presidential and Gubernatorial primary elections) and non-statewide elections that make up the calendar of regularly established election dates. Generally speaking, holding special elections to fill vacancies during statewide elections will be more cost effective than during non-statewide elections, as ballots might not otherwise be circulated within the Town. However, Government Code 36512 makes no distinction between these types of elections and simply requires that special elections be called at the next available regularly scheduled election date no less than 114 days away. Thus, in most instances, the next available date for a special election will be a non-statewide election.

POTENTIAL ORDINANCE AMENDMENTS
As discussed above, the existing Ordinance (Woodside Municipal Code Section 30.03) is compliant with the Government Code and therefore does not require an amendment. If the Council determines that it is comfortable with this existing Ordinance, staff will take no further action.

If the Council wishes to amend the Ordinance, it can do so based on three variables. Specifically, the Council can:
• adjust the time it has to act in response to a vacancy from 30 days to any amount of time, up to 60 days;
• determine whether to retain or forego the option of making appoints to fill vacancies; and • determine whether appointees should serve only until the next regular election date or until the next municipal election.

Item B Page 3
Town Council Meeting October 24, 2023

Based on the discussion at the July 12, 2022 meeting, staff understood the Council was primarily interested in considering whether to extend the time to act on a vacancy from 30 to 60 days. For that reason, staff has analyzed the possible ordinance amendments under both a 30-day (current) and 60- day (maximum) deadline to act on a vacancy.

There are four potential ordinance amendments the Council could consider. Each of these potential amendments are discussed below. The attached “Chart A” illustrates how vacancies could be filled were they to occur during the course of the 2022-2026 Council term under the existing Ordinance.

Charts B, C, D, and E illustrate how vacancies could be filled over that same term if one of the four potential amendments were enacted. The charts split the four-year term into blocks of time during which vacancies might occur and depicts the amount of time that either the vacated offices would remain unfilled (red arrows) or that appointees would serve (blue arrows), based on the actions taken by the Council to fill the vacancies.
1) Keep the Existing Ordinance (Chart A)
Over the course of a four-year term, there are nine regularly established election dates, including the municipal election that comes at the end of the term. The 30-day period to call a special election under the existing Ordinance, therefore, results in approximately nine total months over the 48-month term where a vacancy could occur and leave the Council with the choice of calling a special election at either of the next two elections. The Council would also have the ability to either appoint someone to fill the office until the special election or leave the office vacant until that election.

Further, during approximately the first 19 months (~40%) of the term, the Council would also have the option of appointing someone to the vacant office to serve until the municipal election that will occur at the mid-point of the term. Because Section 30.03(B) requires a “vacancy shall be filled by special election,” however, the Council does not have the option of waiting for the next municipal election in the latter 29 months of the term, as this would effectively cause the appointee to serve out the remainder of the term without a special election. Therefore, some scheduling flexibility and associated potential cost saving is lost if vacancies occur after the first 19 months of the term. 2) Extend the Time to Respond to a Vacancy from 30 Days to 60 Days Only (Chart B) If the only amendment made to the exiting Ordinance was to increase the time to act on a vacancy from 30 days to 60 days, the most obvious change would be the amount of time during which the Council would have flexibility over the dates for special elections. By doubling the time to act on any given vacancy, it follows that the total period of time during the term that the Council would have its choice of the next two election dates would be doubled from nine months to 18 months.

While the option to appoint and schedule a special election on a municipal election date would still be reserved for vacancies occurring within the first 19 months of the term, increasing the time to act to 60 days would also provide the Council a longer period to make those appointments. This is because, in order to defer the special election until the mid-term municipal election, the Council must have made an appointment to fill the vacancy for that extended period. Thus, extending the time to call the special election to sixty days would also give the Council that extra thirty days to identify and formally appoint an interim councilmember if it wished to call the special election for the mid-term municipal election date.

Item B Page 4
Town Council Meeting October 24, 2023
3) Return to Reliance on the Default Provisions of the Government Code Section 36512 (Chart C)
The Council could either rescind the Ordinance altogether or remove the requirement that the Council call special elections to fill all vacancies. By doing so, the Town would defer to the default provisions of Government Code section 36512(b). Under those provisions, the Council would have the option of either calling for a special election or appointing someone within 60 days of any vacancy.

Similar to extending the time to act to 60 days under the existing Ordinance, taking this action would double the length of time during a term where the Council would have the ability to call a special election at either of the next two election dates. However, unlike Option 2 above, it would also allow the Council to fill vacancies that occur in the latter 29 months (~60%) of the term by appointment.

Under Government Code 36512(b), such an appointee would serve out the end of the term and therefore no special election would be held.

However, also unlike Option 2, taking this action would preclude the Council from making appointments to fill vacancies if it calls a special election. In other words, by gaining the ability to make long-term appointments to fill vacancies in lieu of calling special elections, the Town would also loose the ability to make short-term appointments to fill vacancies until they are filled permanently at a special election. Subsection A of the existing Ordinance explains that avoiding this outcome was one of the motivations for its adoption.
4) Require All Vacancies Be Filled By Special Election at the Next Available Election Date (Charts D and E)
Government Code section 36512(c)(1) also allows the Town to preclude all appointments and instead leave all vacant offices open until a special election. Of all the identified options, this would constitute the greater departure from the identified purposes of the existing Ordinance, which were to allow greater flexibility in making appointments and scheduling special elections.

The Town could utilize this approach with either a 30-day or 60-day time to call special elections. As discussed under the other options, setting the time to act at 60 days results in greater likelihood that a future Council responding to a vacancy would have the discretion to call a special election at one of the next two elections, rather than being confined to a single election date. The outcomes of implementing a 30-day time to act are depicted on Chart D and the 60-day time to act is depicted on Chart E.

CONCLUSION
Staff requests that the Council review this report, solicit public input, and provide direction on whether it wishes to consider an amendment to Section 30.03 of the Municipal Code. If the Council requests that an amendment be drafted, staff will schedule the amendment for first reading and a public hearing at a subsequent meeting.

Attachments

1. Chart A – Existing Ordinance Outcomes for 2022-26 Term

2. Chart B – Outcomes with 60-Day Time to Act for 2022-26 Term

3. Chart C – Outcomes Under Default Gov Code Provisions for 2022-26 Term

4. Chart D – Outcomes with Special Election Required for 2022-26 Term (30-Day)

5. Chart E – Outcomes with Special Election Required for 2022-26 Term (60-Day) Item B Page 5 Town Council Meeting October 24, 2023
DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Nov‐22 Municipal Election 11/8/2022
Dec‐22 Start of Term
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23 Regular Election 11/7/2023
Dec‐23
Jan‐24
Feb‐24
Mar‐24 Primary (statewide) 3/5/2024
Apr‐24 Regular Election 4/9/2024
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Nov‐24 Municipal Election 11/5/2024
Dec‐24
Jan‐25
Feb‐25
Mar‐25 Regular Election 3/4/2025
Apr‐25
May‐25
Jun‐25
Jul‐25
Aug‐25
Sep‐25
Oct‐25
Nov‐25 Regular Election 11/4/2025
Dec‐25
Jan‐26
Feb‐26
Mar‐26
Apr‐26
Regular Election 4/14/2026
May‐26
Jun‐26 State Primary 6/2/2026
Jul‐26
Aug‐26
Sep‐26
Oct‐26
Nov‐26 Municipal Election 11/3/2026
Dec‐26 End of Term
Time Office Left Vacant
Appointee In Office
CHART A - Existing Ordinance Outcomes for 2022-26 Term
Item B Page
6 Town Council Meeting October 24, 2023
DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Nov‐22 Municipal Election 11/8/2022
Dec‐22 Start of Term
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23 Regular Election 11/7/2023
Dec‐23
Jan‐24
Feb‐24
Mar‐24 Primary (statewide) 3/5/2024
Apr‐24 Regular Election 4/9/2024
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Nov‐24 Municipal Election 11/5/2024
Dec‐24
Jan‐25
Feb‐25
Mar‐25 Regular Election 3/4/2025
Apr‐25
May‐25
Jun‐25
Jul‐25
Aug‐25
Sep‐25
Oct‐25
Nov‐25 Regular Election 11/4/2025
Dec‐25
Jan‐26
Feb‐26
Mar‐26
Apr‐26
Regular Election 4/14/2026
May‐26
Jun‐26 State Primary 6/2/2026
Jul‐26
Aug‐26
Sep‐26
Oct‐26
Nov‐26 Municipal Election 11/3/2026
Dec‐26 End of Term
Time Office Left Vacant
Appointee In Office
CHART B - Outcomes with 60-Day Time to Act for 2022-26 Term Item B Page
7 Town Council Meeting October 24, 2023
DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Nov‐22 Municipal Election 11/8/2022
Dec‐22 Start of Term
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23 Regular Election 11/7/2023
Dec‐23
Jan‐24
Feb‐24
Mar‐24 Primary (statewide) 3/5/2024
Apr‐24 Regular Election 4/9/2024
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Nov‐24 Municipal Election 11/5/2024
Dec‐24
Jan‐25
Feb‐25
Mar‐25 Regular Election 3/4/2025
Apr‐25
May‐25
Jun‐25
Jul‐25
Aug‐25
Sep‐25
Oct‐25
Nov‐25 Regular Election 11/4/2025
Dec‐25
Jan‐26
Feb‐26
Mar‐26
Apr‐26
Regular Election 4/14/2026
May‐26
Jun‐26 State Primary 6/2/2026
Jul‐26
Aug‐26
Sep‐26
Oct‐26
Nov‐26 Municipal Election 11/3/2026
Dec‐26 End of Term
Time Office Left Vacant
Appointee In Office
Chart C – Outcomes Under Default Gov Code Provisions for 2022-26 Term Item B Page
8 Town Council Meeting October 24, 2023
DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Nov‐22 Municipal Election 11/8/2022
Dec‐22 Start of Term
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23 Regular Election 11/7/2023
Dec‐23
Jan‐24
Feb‐24
Mar‐24 Primary (statewide) 3/5/2024
Apr‐24 Regular Election 4/9/2024
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Nov‐24 Municipal Election 11/5/2024
Dec‐24
Jan‐25
Feb‐25
Mar‐25 Regular Election 3/4/2025
Apr‐25
May‐25
Jun‐25
Jul‐25
Aug‐25
Sep‐25
Oct‐25
Nov‐25 Regular Election 11/4/2025
Dec‐25
Jan‐26
Feb‐26
Mar‐26
Apr‐26
Regular Election 4/14/2026
May‐26
Jun‐26 State Primary 6/2/2026
Jul‐26
Aug‐26
Sep‐26
Oct‐26
Nov‐26 Municipal Election 11/3/2026
Dec‐26 End of Term
Time Office Left Vacant
Chart D – Outcomes with Special Election Required for 2022-26 Term (30-Day) Item B Page 9
Town Council Meeting October 24, 2023
DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Nov‐22 Municipal Election 11/8/2022
Dec‐22 Start of Term
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23 Regular Election 11/7/2023
Dec‐23
Jan‐24
Feb‐24
Mar‐24 Primary (statewide) 3/5/2024
Apr‐24 Regular Election 4/9/2024
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Nov‐24 Municipal Election 11/5/2024
Dec‐24
Jan‐25
Feb‐25
Mar‐25 Regular Election 3/4/2025
Apr‐25
May‐25
Jun‐25
Jul‐25
Aug‐25
Sep‐25
Oct‐25
Nov‐25 Regular Election 11/4/2025
Dec‐25
Jan‐26
Feb‐26
Mar‐26
Apr‐26
Regular Election 4/14/2026
May‐26
Jun‐26 State Primary 6/2/2026
Jul‐26
Aug‐26
Sep‐26
Oct‐26
Nov‐26 Municipal Election 11/3/2026
Dec‐26 End of Term
Time Office Left Vacant
Chart E – Outcomes with Special Election Required for 2022-26 Term (60-Day) Item B Page 10 Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item C
From: Jean Savaree, Town Attorney October 24, 2023
SUBJECT: RESOLUTION APPROVING EIGHTH AMENDMENT TO TOWN MANAGER KEVIN BRYANT’S EMPLOYMENT AGREEMENT

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution, approving the Eighth Amendment to the Town Manager’s Employment Agreement.

DISCUSSION
Kevin Bryant was appointed as Town Manager on November 3, 2011 and continues to serve in that position. The Town Manager’s Employment Agreement, Paragraph 2(A), Compensation, set his initial base compensation at $195,000 per year. In addition to his base salary, the Town Manager receives a PERS contribution, personal leave, administrative leave, paid holidays, medical, dental, vision, disability and life insurance, a $300 per month automobile allowance, and reimbursement for reasonable expenses incurred in the performance of his job duties, as provided for in the contract at Paragraph 3, Benefits, Paragraph 4, Automobile, and Paragraph 5, Expense Reimbursement. The Town Manager’s compensation, which has been adjusted periodically, is currently set at $254,000.

The Town Council, in conjunction with the Town Manager Performance Review Subcommittee composed of Mayor Shaw, Vice Mayor Wall, and Councilmember Brown, have now conducted the Town Manager’s annual performance review. Based upon that review, the Town Council is now requested to approve a contract amendment adjusting the Town Manager’s base compensation to $266,700 per year. Attached for the Council’s consideration is a resolution amending Section 2(A) of the Town Manager’s Employment Agreement, adjusting the base annual compensation rate to $266,700, effective January 1, 2024.

CONCLUSION
In order to implement this Eighth Amendment, the Town Council must adopt the attached resolution. If adopted, then both the Mayor and the Town Manager would execute the contract amendment, included as an exhibit to the resolution, thereby adjusting the Town Manager’s base annual compensation to $266,700, effective January 1, 2024.

Attachments

1. Resolution and Seventh Amendment to Employment Agreement

2. Employment Agreement, First, Second, Third, Fourth, Fifth, Sixth, and Seventh Amendments
Item C Page 1 Town Council Meeting October 24, 2023
ATTACHMENT 1

RESOLUTION AND EIGHTH AMENDMENT TO EMPLOYMENT

AGREEMENT
Item C Page 2
Town Council Meeting October 24, 2023
RESOLUTION NO. 2023 -

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING THE EIGHTH AMENDMENT TO THE TOWN MANAGER’S EMPLOYMENT AGREEMENT WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the Town Council is required to evaluate the Town Manager’s performance annually; and WHEREAS, the Town Manager Performance Review Subcommittee undertook its most recent review of the Town Manager’s performance on October 10, 2023; and
WHEREAS, based on its review, the Town Manager Performance Review Subcommittee recommended, and the Town Council has determined, that the Town Manager’s base compensation should be adjusted; and WHEREAS, the Town Manager’s Employment Agreement requires that adjustments to compensation be approved by resolution approved in a public meeting of the Town Council.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager’s Employment Agreement is hereby amended, as outlined in Exhibit A to reflect that his base annual compensation, effective January 1, 2024, shall be adjusted from $254,000 to $266,700.

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this 24th day of October, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
________________________________
Mayor of the Town of Woodside
ATTEST:
_____________________________
Clerk of the Town of Woodside
Item C Page 3
Town Council Meeting October 24, 2023

EXHIBIT A
Item C Page 4
Town Council Meeting October 24, 2023

EIGHTH AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the Eighth Amendment to the Employment Agreement entered into as of the 24th day of October, 2023 by and between the Town of Woodside hereinafter called “TOWN” and Kevin Bryant, hereinafter called “BRYANT”.

RECITALS
This Eighth Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2(A) of the Employment Agreement.

B. Paragraph 2(A) of the Employment Agreement, Compensation, shall be amended to read as follows:

1. BRYANT’s base salary shall be Two Hundred Sixty-Six Thousand Seven Hundred Dollars ($266,700) per year effective January 1, 2024.

C All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Eighth Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

DATED: __________________________ DATED: ____________________________

TOWN OF WOODSIDE TOWN MANAGER
___________________________________ ___________________________________ By: CHRIS SHAW, MAYOR KEVIN BRYANT
Item C Page 5
Town Council Meeting October 24, 2023
ATTACHMENT 2

EMPLOYMENT AGREEMENT, FIRST, SECOND, THIRD,

FOURTH, FIFTH, SIXTH, AND SEVENTH AMENDMENTS
Item C Page 6
Town Council Meeting October 24, 2023
RESOLUTION No. 2011 - 6866

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING AN EMPLOYMENT AGREEMENT WITH KEVIN A. BRYANT
WHEREAS, the Town Council has offered the position of Town Manager of the Town of Woodside to Kevin A. Bryant; and
WHEREAS, the Town Council and Kevin A. Bryant are desirous of mutually entering into an Employment Agreement wherein the terms of Mr. Bryant's employment are formally delineated; and WHEREAS, representatives of the Town Council have negotiated the desired terms of employment with Mr. Bryant and mutual agreement has been reached; and WHEREAS, the Town Attorney has prepared an Employment Agreement which incorporates the final results of the negotiation process; and
WHEREAS, the Town Council is scheduled to formally announce the appointment of Kevin A. Bryant to the position of Town Manager of the Town of Woodside on November 3, 2011.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Woodside that the Employment Agreement between the Town of Woodside and Kevin A. Bryant, attached hereto as Exhibit A, is hereby approved and the Mayor is authorized to execute said agreement on behalf of the Town.

Passed and adopted by the Town Council of the Town of Woodside, Califomia, at a meeting thereof held on this 3^^ day of November, 2011, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers: Boynton, Burow, Gordon, Kasten, Mason, Tanner, Mayor Romines
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ABSTAIN, Councilmembers: None

MAYOR OF THE TOWN OF WOODSIDE
ATTEST:

CLgffiK Of'tH^ town of WOODSIDE
^grEmpleymentAgreementBryant
Item C Page 7
Town Council Meeting October 24, 2023

EMPLOYMENT AGREEMENT
authorize
TH
authorize
IS EMPLOYMENT AGREEMENT is entered into this day of
by between the Town of Woodslde, a municipal corporation d and existing under the laws of the State of Califomla (hereinafter "TOWN"), and Kevin Bryant, an individual (hereinafter "BRYANT"). In consideration of the mutual covenants and conditions contained herein and the faithful performance of the terms as set forth below, the parties agree as follows:

1. EMPLOYMENT - TERM.

A. Pursuant to the terms of this Agreement. BRYANT agrees to sen/e as TOWN MANAGER, as an at-will, exempt/management
employee appointed and directed by the collective action of the Town Council (hereinafter "TOWN COUNCIL") acting on behalf of TOWN. BRYANT agrees to serve as TOWN MANAGER in
compliance with TOWN COUNCIL policies and directives, and to perform those duties and responsibilities as more particularly set forth in the Woodslde Municipal Code, as currently adopted and as may be changed or added to, under and pursuant to the general direction of the TOWN COUNCIL.

B. The term of this Agreement shall commence on January 14. 2012.

This Agreement shall remain in full force and effect until terminated as set forth in Section 8.

C. BRYANT agrees to remain in the exclusive employ of TOWN throughout the life of this Agreement and, except as described in Section 8 below, to neither accept other employment nor to become employed by any other employer.

D. During the period of his employment hereunder BRYANT shall devote his best efforts, attention, and skills to the business and affairs of TOWN as such business and affairs now exist and as they may be hereafter changed or added to, under and pursuant to the general direction of the TOWN COUNCIL.

E. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the TOWN COUNCIL to terminate the services of BRYANT at any time, subject only to the provisions set forth in Section 8 of this Agreement.

F. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the BRYANT to resign at any time from his position with TOWN, subject only to the provisions set forth in Section 8 of this Agreement.

Item C Page 8
Town Council Meeting October 24, 2023

2. COMPENSATION.

A. BRYANT'S base salary shall be One Hundred Ninety-Five Thousand Dollars ($195,000.00) per year.

B. BRYANT is a salaried employee and is exempt from the Fair Labor Standards Act (FLSA).

C. Adjustments to the base compensation of BRYANT shall only be made pursuant to resolution of the TOWN COUNCIL.

3. BENEFITS.

A. Unless provided otherwise in this Agreement, BRYANT shall receive all management benefits provided to TOWN employees, including payment of a PERS contribution, personal leave, administrative leave, paid holidays, medical, dental, vision, life, short and long term disability insurance at same rate as other TOWN employees, and subject to any changes to benefits that may, from time to time, be authorized by the TOWN COUNCIL.

B. For purposes of calculating benefits under this Agreement, BRYANT'S original hire date with TOWN shall be February 11. 2008. The parties hereby confirm that, as of the date of this Agreement, BRYANT'S personal leave accrual is 27 days per year, and BRYANT'S administrative leave is 100 hours per year.

4. AUTOMOBILE.

TOWN agrees to pay BRYANT a monthly automobile allowance and mileage reimbursement in the amount of Three Hundred Dollars ($300.00).

5. EXPENSE REIMBURSEMENT.

A. TOWN shall pay or reimburse BRYANT for all reasonable expenses incurred in the performance of his duties, in accordance with the approved budget and TOWN policies.

B. TOWN shall pay for reasonable professional development and professional dues and subscriptions, including but not limited to BRYANT'S membership in the International City Manager's Association (ICMA), and shall pay or reimburse BRYANT'S reasonable expenses in attendance at the annual ICMA conference and the City Manager's conference sponsored by the California League of Cities.

Item C Page 9
Town Council Meeting October 24, 2023

6. PERFORMANCE EVALUATION.

A. TOWN COUNCIL agrees to meet with BRYANT after three
months, six months and one year from the effective date of this agreement to evaluate BRYANTS performance.

B. Thereafter, the TOWN COUNCIL shall review and evaluate the performance of BRYANT annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by TOWN COUNCIL and BRYANT. Said criteria may be added to or deleted from as the TOWN COUNCIL may from time to time
determine, in consultation with BRYANT, The TOWN COUNCIL shall provide BRYANT with a summary written or oral evaluation of the TOWN COUNCIL and provide an adequate opportunity for BRYANT to discuss his evaluation with the TOWN COUNCIL in closed session.

0. Annually, the TOWN COUNCIL and BRYANT shall define goals and performance objectives as they determine necessary for the proper operation of TOWN and in the attainment of the TOWN COUNCIL'S policy objectives. The TOWN COUNCIL and BRYANT shall establish a relative priority among those various goals and objectives, or if not done in consultation with the TOWN COUNCIL, BRYANT shall establish same and submit it to the TOWN
COUNCIL, and said goals and objectives will be reduced to writing.

The goals and objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided.

D. The TOWN COUNCIL and BRYANT are committed to developing a productive working relationship. Therefore, TOWN COUNCIL or BRYANT may periodically request review sessions to address issues affecting said working relationship in addition to the annual evaluation process.

7. SUSPENSION.

The TOWN COUNCIL may suspend BRYANT with full pay and benefits at any time during the term of this Agreement. The 60 day notice provisions in Section 8 shall not apply during any suspension.

8. TERMINATION OF EMPLOYMENT/SEVERANCE.

This Agreement may be terminated in the following manner:

A. Resignation - BRYANT may voluntarily resign by delivering a letter of resignation to the TOWN COUNCIL not less than sixty (60) days prior to the effective date of resignation. Upon the effective date of such voluntary resignation, TOWN shall pay to BRYANT all Item C Page 10
Town Council Meeting October 24, 2023
monthly compensation and benefits accrued and owing to BRYANT at that time. During the 60 day notice period, BRYANT may accept other employment, provided that the start date of that other employment does not commence before BRYANT'S date of
resignation.

B. Termination Without Cause - The TOWN COUNCIL may terminate BRYANT at its pleasure. BRYANT acknowledges that he is an atwill employee who serves at the pleasure of the TOWN COUNCIL, and that no cause for his termination need exist or be stated, unless the termination is for willful misconduct or failure to satisfactorily perform the duties of TOWN MANAGER.

0. Termination For Cause - In the event BRYANT is terminated by TOWN COUNCIL for cause, BRYANT shall be given written notice setting forth the reasons for such termination and shall be afforded a hearing, if requested by BRYANT, within ten (10) days of receipt of the notice. At the sole discretion of BRYANT said hearing may be held in public. Following the hearing the TOWN COUNCIL shall determine by majority vote whether or not BRYANT shall be terminated. No severance or termination pay shall be awarded to BRYANT if TOWN COUNCIL determines to terminate BRYANT for cause. In this Agreement "for cause" means:

1. Dishonesty, willful misconduct or gross neglect by BRYANT in the performance of his obligations under this Agreement;

2. Theft, embezzlement or other similar misappropriation of funds or property of TOWN by BRYANT;

3. Intentional damage to any property of TOWN that results in a significant liability to TOWN;

4. The failure of BRYANT to follow the reasonable and lawful Instructions and policy of TOWN with respect to BRYANT'S duties hereunder (unless due to disability as described in Section 9 under this Agreement); and

5. Conviction of a felony.

D. Severance - If the TOWN COUNCIL terminates BRYANT under Subsection B of this Section, then BRYANT shall, upon execution of an agreement releasing all claims which could be made against TOWN, be entitled to severance pay equal to six (6) months' base compensation.

E. The decision to terminate BRYANT per Subsections B, 0 or D of this Section shall be made in closed session and reported out of closed session as required by the California Government Code.

Item C Page 11
Town Council Meeting October 24, 2023

9. DISABILITY.

If BRYANT is permanently disabled or Is otherwise unable to perform his duties because of sickness, accident, Injury, mental Incapacity or other health problems for a period of four (4) successive weeks beyond any accrued sick leave, TOWN shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 8D above.

10. NOTICES.

Notices to BRYANT pursuant to this Agreement shall be given by deposit in the United States mail, postage prepaid, addressed as follows:

Kevin Bryant, at the home address listed In Bryant's personnel file.

Alternatively, notices to BRYANT required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or two days after the date of deposit of such written notice In the United States mall.

Notices to TOWN shall be personally delivered to the TOWN CLERK or ACTING TOWN CLERK and to the TOWN COUNCIL, 2955 Woodslde Road, Woodslde, CA 94062. Alternatively, notices shall be hand delivered to each member of the TOWN COUNCIL.

11. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.

BRYANT shall not, during the term of this Agreement, or any time thereafter. Impart to anyone any confidential Information which he may acquire In the performance of his duties as TOWN MANAGER under this Agreement, except as permitted by TOWN or under compulsion of law.

12. BINDING AGREEMENT.

This Agreement shall be binding on the heirs, successors and assigns of the parties.

13. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties. No promise, representation, warranty or covenant not Included In this Agreement has been or is relied upon by either party to this Agreement.

14. AMENDMENT OF AGREEMENT.

This Agreement may be amended in writing by mutual agreement of the parties.

Item C Page 12
Town Council Meeting October 24, 2023

15. GOVERNING LAW.

This Agreement has been executed in Woodside, California, and shall be governed in accordance with the laws of the State of Califomia in every respect.

16. MEDIATION.

Neither BRYANT nor TOWN shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

17. LEGAL FEES.

In the event of litigation regarding BRYANT'S employment, reasonable attorney's fees shall be awarded to the prevailing party.

18. SEVERABiLITY.

Should any section, subsection, sentence, clause, phrase or word included in this Agreement be found invalid by a court of competent jurisdiction, the balance of the Agreement shall remain in full force and effect.

19. RIGHT TO COUNSEL.

The parties acknowledge that they have been or have had a right to be represented by counsel of their own choice with regard to this Employment Agreement; that they have executed this Agreement with the consent and upon the advice of their own counsel, if such advice has been sought; and they have fully read and fully understood and voluntarily accepted the terms of this Agreement.

20. COUNTERPARTS.

This Agreement may be executed in one or more counterparts, each of which shall be considered an original, and all of which taken together shall be considered one and the same instrument.

21. WAIVER.

Waiver by either party of any term or condition of this Agreement, or any breach, shall not constitute a waiver of any other term or condition or breach of the Agreement.

Item C Page 13
Town Council Meeting October 24, 2023
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.

TOWN OF WOODSIDE KEVIN BRYANT
Ron Romines, Mayor KEVIN BRYANT
Item C Page 14
Town Council Meeting October 24, 2023
RESOLUTION NO. 2014 - 6973

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE

APPROVING THE FIRST AMENDMENT TO THE TOWN MANAGER' S

EMPLOYMENT AGREEMENT
WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the Town Council is required to evaluate the Town Manager' s performance annually; and
WHEREAS, the Town Council undertook its most recent review of the Town Manager' s performance on February 11, 2014; and
WHEREAS, based on its review, the Town Council has determined that the Town Manager's base compensation should be adjusted; and
WHEREAS, the Town Manager' s Employment Agreement requires that adjustments to compensation be approved by resolution.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager' s Employment Agreement is hereby amended, as outlined in Exhibit A, to reflect that his base annual compensation, effective January 14, 2014, shall be adjusted from $ 195, 000 to $ 203, 000. The contract is further amended to comply with California Government Code Section 53243.

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this
25th
day of February, 2014, by the following vote of the
members thereof:

AYES, and in favor thereof, Councilmember:

Tanner, Mayor Burow
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ABSTAIN, Councilmembers: None
ATTEST:
04,t, J
CleA of the own of Woodside
To anagerAgreementFirstAmendment022514
Gordon, Kasten, Mason, Romines, Shanahan,
Mayor of the Town of Woodside
Item C Page 15 Town Council Meeting October 24, 2023

FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the First Amendment to the Employment Agreement entered into as of the 3` d day of November, 2011 by and between the Town of Woodside hereinafter called TOWN" and Kevin Bryant, hereinafter called " BRYANT ".

RECITALS
This First Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2( A) of the Employment Agreement.

B. Paragraph 2( A) of the Employment Agreement, Compensation; shall be amended to read as follows:

1. BRYANT' s base salary shall be Two Hundred Three Thousand Dollars 203, 000. 00) per year effective January 14, 2014.

C. Paragraph 7 of the Employment Agreement, Suspension, shall be amended to read as follows:

D. All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be e ecuted on the date first above written by their respective officers duly authorized in that behalf.

IAA D: / DATED: A/
TO 4-0 SIDE
l

TOWN MA GER

DAVID BUROW, MAYOR KEV BRYANT
TownManagerAgreementFirstAmendment022514ExA
Item C Page 16 Town Council Meeting October 24, 2023
RESOLUTION NO. 2017- 7154

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING THE

SECOND AMENDMENT TO THE TOWN MANAGER' S EMPLOYMENT AGREEMENT WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the. Town Council is required to evaluate the Town Manager' s performance annually; and WHEREAS, the Town Council undertook its most recent review of the Town Manager' s performance on March 14, 2017; and
WHEREAS, based on its review, the Town Council has determined that the Town Manager' s base compensation should be adjusted; and WHEREAS, the Town Manager' s Employment Agreement requires that adjustments to compensation be approved by resolution.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager' s Employment Agreement is hereby amended, as outlined in Exhibit A to reflect that his base annual compensation, effective March 1, 2017, shall be adjusted from 203, 000 to $ 211, 000. The Second Amendment also includes language which complies with California Government Code Section 53243.

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this 28th day of March, 2017, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers: Gordon, Kasten, Mason, Shaw, Yost, and Mayor Livermore.

NOES, Councilmembers: None
ABSENT, Councilmembers; Tanner
ABSTAIN, Councilmembers: None
ATTEST:

Mayor of the Town of Woodside
RSO. 2017- 7154
03/ 28/ 2017
Item C Page 17 Town Council Meeting October 24, 2023

SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the Second Amendment to the Employment Agreement entered into as of the 28th day of March, 2017 by and between the Town of Woodside hereinafter called " TOWN" and Kevin Bryant, hereinafter called " BRYANT".

RECITALS
This Second Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2( A) of the Employment Agreement.

B. Paragraph 2( A) of the Employment Agreement, Compensation, shall be amended to read as follows:

1. BRYANT' s base salary shall be Two Hundred Eleven Thousand Dollars 211, 000. 00) per year effective March 1, 2017.

C. Paragraph 7 of the Employment Agreement, Suspension, shall be amended to read as follows:

7. The TOWN COUNCIL may suspend BRYANT with full pay and benefits at any time during the term of this Agreement. The 60 day notice provisions in Section 8 shall not apply during any suspension. Notwithstanding any provision to the contrary, BRYANT shall reimburse the TOWN any and all leave salary which may be paid to BRYANT pending any investigation of the employment related conduct of BRYANT if BRYANT is convicted of a crime involving abuse of his office or position as defined in Government Code Section 53243. 4 [ GC 53243]. In addition, if the Agreement is terminated and BRYANT is later convicted of a crime involving an abuse of his office or position, any cash settlement related to termination of the Agreement shall be fully reimbursed by BRYANT. ( GC 53243. 2)
D. All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

DATED: f1Lt 1' DATED: 5,13 D
I

TOW F WO D IDE TOWN MANA R
By: TOM LIVERMORE, MAYOR
3 17
RESO. 2017- 7154
03/ 28/ 2017
Item C Page 18 Town Council Meeting October 24, 2023
RESOLUTION NO. 2018- 7222

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING THE

THIRD AMENDMENT TO THE TOWN MANAGER' S EMPLOYMENT AGREEMENT WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the Town Council is required to evaluate the Town Manager' s performance annually; and WHEREAS, the Town Council undertook its most recent review of the Town Manager' s performance on March 27, 2018; and
WHEREAS, based on its review, the Town Council has determined that the Town Manager' s base compensation should be adjusted; and WHEREAS, the Town Manager' s Employment Agreement requires that adjustments to compensation be approved by resolution approved in a public meeting of the Town Council.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager' s Employment Agreement is hereby amended, as outlined in Exhibit A to reflect that his base annual compensation, effective March 1, 2018, shall be adjusted from 211, 000 to $ 218, 000. The Third Amendment also includes language which complies with California Government Code Section 53243.

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this 24th day of April, 2018, by the following vote of the. members thereof:

AYES, and in favor thereof, Councilmembers: Gordon, Livermore, Tanner, Yost, and Mayor Shaw
NOES, Councilmembers: None
ABSENT, Councilmembers: Kasten
ABSTAIN, Councilmembers: None
he owfhf Woo side
Mayor of the Town of Woodside
RESO. 2018- 7222
04/ 24/ 2018
Item C Page 19 Town Council Meeting October 24, 2023

THIRD AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the Third Amendment to the Employment Agreement entered into as of the 24th day of April, 2018 by and between the Town of Woodside hereinafter called " TOWN" and Kevin Bryant, hereinafter called " BRYANT".

RECITALS
This Third Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2( A) of the Employment Agreement.

B. Paragraph 2( A) of the Employment Agreement, Compensation, shall be amended to read as follows:

1. BRYANT' s base salary shall be Two -Hundred Eighteen Thousand Dollars 218, 000) per year effective March 1, 2018.

C All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.
iN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

IL 214. -
DATED: DATED:

TOWN OF WOODSIDE TOWN MANAGER
By: CHRIS SHAW, MAYOR KEViN/ RYANT
2 RESO. 2018- 7222
04/ 24/ 2018
Item C Page 20 Town Council Meeting October 24, 2023
RESOLUTION NO. 2019 - 7278

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING THE

FOURTH AMENDMENT TO THE TOWN MANAGER' S EMPLOYMENT AGREEMENT WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the Town Council is required to evaluate the Town Manager' s performance annually; and WHEREAS, the Town Manager Review Subcommittee undertook its most recent review of the Town Manager' s performance on February 26, 2019; and
WHEREAS, based on its review, the Town Manager Review Subcommittee recommended, and the Town Council has determined, that the Town Manager' s base compensation should be adjusted; and
WHEREAS, the Town Manager' s Employment Agreement requires that adjustments to compensation be approved by resolution approved in a public meeting of the Town Council.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager' s Employment Agreement is hereby amended, as outlined in Exhibit A to reflect that his base annual compensation, effective April 1, 2019, shall be adjusted from $ 218, 000 to $ 225, 000.

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this 26th day of March, 2019, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers: Brown, Dombkowski, Livermore, Shaw, and Mayor Yost
NOES, Councilmembers:

ABSENT, Councilmembers: Fluet and Scott
ABSTAIN, Councilmembers:

ATTEST:

Mayor of fhe TWI of Woodside
RESO. 2019- 7278
03/ 26/ 2019
Item C Page 21 Town Council Meeting October 24, 2023

FOURTH AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the Fourth Amendment to the Employment Agreement entered into as of the 26th day of March, 2019 by and between the Town of Woodside hereinafter called " TOWN" and Kevin Bryant, hereinafter called " BRYANT".

RECITALS
This Fourth Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2( A) of the Employment Agreement.

B. Paragraph 2( A) of the Employment Agreement, Compensation, shall be amended to read as follows:

1. BRYANT' s base salary shalt be Two Hundred Twenty - Five Thousand Dollars 225, 000) per year effective April 1, 2019.

C All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed on the date first a ove written by their respective officers duly authorized in that behalf.

DATED:

TOWN OF WOODSIDE
By: DANIEL YOST, MY
DATED: Slz7

TOWN MANAG
tp„.
f...„...„

KEVIN BR ANT
RESO. 2019- 7278
03/ 26/ 2019
Item C Page 22 Town Council Meeting October 24, 2023
Item C Page 23 Town Council Meeting October 24, 2023
Item C Page 24 Town Council Meeting October 24, 2023
Item C Page 25 Town Council Meeting October 24, 2023
Item C Page 26 Town Council Meeting October 24, 2023
RESOLUTION NO. 2022- 7546

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING THE

SEVENTH AMENDMENT TO THE TOWN MANAGER' S EMPLOYMENT AGREEMENT WHEREAS, the Town of Woodside and Kevin Bryant entered into an Employment Agreement on November 3, 2011, which appointed Mr. Bryant as Town Manager for the Town of Woodside; and
WHEREAS, pursuant to the Employment Agreement, the Town Council is required to evaluate the Town Manager' s performance annually; and WHEREAS, the Town Manager Performance Review Subcommittee undertook its most recent review of the Town Manager' s performance on October 25, 2022; and
WHEREAS, based on its review, the Town Manager Performance Review Subcommittee recommended, and the Town Council has determined, that the Town Manager' s base compensation should be adjusted; and WHEREAS, the Town Manager' s Employment Agreement requires that adjustments to compensation be approved by resolution approved in a public meeting of the Town Council.

NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that the Town Manager' s Employment Agreement is hereby amended, as outlined in Exhibit A to reflect that his base annual compensation, effective January 1, 2023, shall be adjusted from 242, 000 to $254, 000 .

PASSED AND ADOPTED, by the Town Council of the Town of Woodside, California, at a meeting thereof held on this 13th day of December, 2022, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers : Brown, Dombkowski, Fluet, Goeld, Wall, and Mayor Shaw
NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers :

Mayor of the Town of Woodside
ATTEST:

Cler of he Town of Woodside
RESO. 2022- 7546
12/ 13/ 2022
Item C Page 27 Town Council Meeting October 24, 2023

SEVENTH AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF WOODSIDE AND KEVIN BRYANT
This document constitutes the Seventh Amendment to the Employment Agreement entered into as of the 13th day of December, 2022 by and between the Town of Woodside hereinafter called " TOWN" and Kevin Bryant, hereinafter called " BRYANT".

RECITALS
This Seventh Amendment is entered into with reference to the following facts and circumstances:

A. The Town Council and BRYANT desire to amend Paragraph 2( A) of the Employment Agreement.

B. Paragraph 2( A) of the Employment Agreement, Compensation, shall be amended to read as follows:

1. BRYANT' s base salary shall be Two Hundred Fifty- Four Thousand Dollars 254, 000) per year effective January 1, 2023.

C All other terms and conditions of the Employment Agreement, dated November 3, 2011, shall remain in force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Seventh Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

DATED: 1 DATED:

TOWN OF WO TOWN MANAGER
By: MAYOR KEVIN YRYANT
i /
Item C Page 28 Town Council Meeting October 24, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item D
From: Kevin Bryant, Town Manager October 24, 2023
SUBJECT: RESOLUTION APPROVING AGREEMENT FOR TOWN ATTORNEY SERVICES

WITH AARONSON, DICKERSON, COHN & LANZONE AND AUTHORIZING

THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution, which approves a one-year agreement for Town Attorney services with Aaronson, Dickerson, Cohn & Lanzone and authorizes the Mayor to execute the agreement on behalf of the Town.

DISCUSSION
The Town Council appointed Jean Savaree as Town Attorney in December of 2004 through an agreement for Town Attorney services with her firm, Aaronson, Dickerson, Cohn & Lanzone. The agreement was renewed in 2007, 2009, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, and expires December 31, 2023. The Town Council, in conjunction with the Town Attorney Performance Review Subcommittee (Mayor Shaw, Vice Mayor Wall, and Councilmember Brown), have completed the annual performance review for the Town Attorney.

Based upon their review, the Town Council is now asked to consider a one-year agreement with Aaronson, Dickerson, Cohn & Lanzone with an hourly rate of $326.00. A copy of the proposed agreement is attached for the Council’s consideration.

CONCLUSION
If adopted, the attached resolution will approve a one-year agreement with Aaronson, Dickerson, Cohn & Lanzone for Town Attorney services for the time period January 1, 2024-December 31, 2024, with an hourly billing rate of $326.00 per hour, effective January 1, 2024.

Attachments

1. Resolution

2. Agreement for Services for Town Attorney
Item D Page 1 Town Council Meeting October 24, 2023
ATTACHMENT 1
Item D Page 2
Town Council Meeting October 24, 2023
RESOLUTION NO. 2023 -

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE

APPROVING AN AGREEMENT FOR TOWN ATTORNEY SERVICES WITH AARONSON,

DICKERSON, COHN & LANZONE AND AUTHORIZING THE MAYOR TO EXECUTE THE

AGREEMENT ON BEHALF OF THE TOWN
WHEREAS, on December 7, 2004, the Town Council appointed Jean B.

Savaree as Town Attorney and approved an Agreement for Town Attorney services with the firm of Aaronson, Dickerson, Cohn & Lanzone; and WHEREAS, the current agreement with Aaronson, Dickerson, Cohn & Lanzone expires on December 31, 2023; and
WHEREAS, the Town Council has determined that the agreement with Aaronson, Dickerson, Cohn & Lanzone should be extended for an additional year with an increase in the hourly rate to $326.00; and WHEREAS, the Town Attorney has prepared a new one-year agreement containing these terms; and
WHEREAS, the new agreement specifies that Aaronson, Dickerson, Cohn & Lanzone is retained to provide continuing legal services to the Town from January 1, 2024-December 31, 2024, with Jean B. Savaree serving as Town Attorney.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Woodside, California, that it hereby approves the “Agreement for Services for Town Attorney” with the firm of Aaronson, Dickerson, Cohn & Lanzone, attached hereto as “Exhibit A”, and reaffirms Jean B.

Savaree’s appointment as the Town Attorney.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 24th day of October, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item D Page 3
Town Council Meeting October 24, 2023

EXHIBIT A
Item D Page 4
Town Council Meeting October 24, 2023

AGREEMENT FOR SERVICES

FOR TOWN ATTORNEY
WHEREAS, the firm of Aaronson, Dickerson, Cohn & Lanzone has provided legal services to the Town of Woodside (hereinafter “Town”) for a number of years; WHEREAS, Jean B. Savaree of Aaronson, Dickerson, Cohn & Lanzone has been designated by Aaronson, Dickerson, Cohn & Lanzone to serve as the attorney for the Town (hereinafter “Town Attorney”) since December 2004 and she wishes to continue in this capacity;

WHEREAS, the Town Council of the Town wishes to continue its relationship with Aaronson, Dickerson, Cohn & Lanzone to provide legal services to the Town; NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. DESIGNATION OF TOWN ATTORNEY
Aaronson, Dickerson, Cohn & Lanzone shall continue to provide legal services to the Town, from January 1, 2024 to December 31, 2024, with Jean B. Savaree serving as Town Attorney.

2. MEETING ATTENDANCE
A. The Town Attorney, or her assistant, shall attend all regular meetings of the Town Council, the Planning Commission, and special meetings of the Town Council and Planning Commission, as needed, and quarterly meetings with the Mayor and Town Manager to review the Town Attorney’s current work plan, progress on currently assigned projects and to establish priorities for ongoing and newly assigned projects. The Town Attorney’s duties in this connection shall be to render advice and opinions with respect to all legal matters that may arise during any meetings, excepting, however, legal matters which may pertain to special assessment or other proceedings wherein legal services are to be provided by special counsel.

B. The Town Attorney, or her assistant, also shall attend meetings of other boards, commissions, committees and staff of the Town, when requested to do so by the Town Council or the Town Manager, at which time legal advice shall be given and opinions rendered. The Town Attorney or her assistant shall normally attend Town staff meetings, which are generally held on a weekly basis.

3. PREPARATION OF DOCUMENTS
When requested to do so by the Town Council or the Town Manager, the Town Attorney, or her representative, shall prepare staff reports, resolutions, notices, contracts, ordinances, opinions and other documents and papers necessary, or appropriate, in matters pertaining to the Town, and shall examine for legal sufficiency all documents submitted to her by the Town.

Item D Page 5
Town Council Meeting October 24, 2023

4. LEGAL ASSISTANCE, ENFORCEMENT AND ADVICE
The Town Attorney shall cooperate with and assist the Town, its officers, agents and employees on all general legal matters pertaining to the Town, including the enforcement of state and local laws and codes. The Town Attorney shall also research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Town Council, Town Manager and staff on legal matters pertaining to Town operations.

5. PERIODIC REPORTS AND LEGAL INFORMATION
The Town Attorney shall prepare periodic reports to the Town Council, giving the current status of any legal actions in which the Town may be involved, including code enforcement. The Town Attorney shall comment in the report on any new legislation or court cases that may affect the Town.

The Town Attorney also shall be responsible for advising Town officials on how to respond to these changes as well as drafting memorandum, guidelines, resolutions, ordinances, administrative rules or other procedures that she feels necessary for the Town to comply with these changes in the law, when such drafting is requested by the Town Council or Town Manager.

6. ACQUISITION OF LAND AND EASEMENTS
The Town Attorney shall provide the necessary legal services required in connection with the acquisition of land or easements up to the point that the Town Council authorizes the commencement of eminent domain proceedings. The Town Attorney shall also perform legal work pertaining to property acquisition, property disposal, public improvements, public rights-of-way and public utilities. The Town Attorney shall, if outside counsel is retained, coordinate work of outside legal counsel as directed by the Town Council and/or Town Manager.

7. RELATED LEGAL SERVICES
The Town Attorney also shall perform such other related legal services for the Town as may be requested by the Town Council or Town Manager. The Town Attorney shall at all times endeavor to provide response to the Council and staff inquiries concerning legal matters on a “same day” basis. The intent of this requirement is to provide Town officials with an immediate initial contact on legal problems and not necessarily the final researched answers.

8. CONFERENCE ATTENDANCE
The Town Attorney shall be entitled to attend meetings and conferences such as the League of California Cites sponsored activities. She shall be entitled to reimbursement for registration, meals, lodging and transportation on the same basis as the department heads for attending similar conferences and meetings.

Item D Page 6
Town Council Meeting October 24, 2023

9. OUTSIDE LAW PRACTICE
The Town Attorney will be allowed to conduct an outside law practice.

10. LITIGATION DUTIES
A. The Town Attorney shall represent the Town in all legal proceedings, whether civil or criminal, required in the enforcement of the Town’s ordinances.

B. As authorized by the Town Council, the Town Attorney, or her representative, shall represent the Town in legal proceedings and other litigation to which the Town may be a party except where a conflict of interest exists, where the requirement of specialized legal expertise makes representation inappropriate or where, because of case load issues, additional assistance is required. In such situations, the Town Council may request that the Town Attorney spend time as necessary to brief and/or coordinate the activities of specialized counsel as their work relates to the Town’s interests.

11. ASSISANT TOWN ATTORNEY
The Town Attorney shall designate Assistant Town Attorneys who will represent the Town in cases where the Town Attorney is unable to act due to illness, vacation or other reason, or when the Town Attorney requires assistance.

12. COMPENSATION
All services provided by this Agreement shall be billed at the rate of $326.00 per hour from January 1, 2024 to December 31, 2024.

13. COSTS
The Town Attorney shall be entitled to be reimbursed by the Town for all costs advanced on her behalf such as court costs, filing fees, service of process fees, juror’s fees, witness fees, investigators’ fees, appraisers’ fees, cost of photographs and charts in connection with litigation, and the like.

14. OVERHEAD
Except as expressly provided, the Town Attorney shall pay all overhead incurred in providing Town Attorney services to the Town of Woodside including, but not limited to rent of the law firm’s office, telephone, secretarial, bookkeeping, reception, postage, stationery, office supplies, library, copying, taxes and licenses. Furthermore, telephone calls in which there is no substantive conversation between the Town Attorney or a member of her firm and a Town Council member or Town staff shall be considered part of the overhead costs.

Item D Page 7
Town Council Meeting October 24, 2023

15. INSURANCE
Town Attorney will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may rise out of or in connection with performance of the services by Town Attorney or Town Attorney’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:V.”

15.1 COVERAGES AND LIMITS. Town Attorney will maintain the types of coverages and minimum limits indicated below, unless Town Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Town Attorney’s indemnification obligations under this Agreement. Town, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Town Attorney pursuant to this Agreement are adequate to protect Town Attorney. If Town Attorney believes that any required insurance coverage is inadequate, Town Attorney will obtain such additional insurance coverage, as Town Attorney deems adequate, at Town Attorney’s sole expense.

15.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

15.1.2 AUTOMOBILE LIABILITY. $1,000,000 combined single-limit per accident for bodily injury and property damage.

15.1.3 WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY.

Workers’ Compensation limits as required by the California Labor Code and Employer’s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer’s Liability insurance will not be required if Town Attorney has no employees and provides, to Town’s satisfaction, a declaration stating this.

15.1.4 PROFESSIONAL LIABILITY. Errors and omissions liability appropriate to Town Attorney’s profession with limits of not less than $1,000,000 per claim.

15.2 ADDITIONAL PROVISIONS. Town Attorney will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:

Item D Page 8
Town Council Meeting October 24, 2023

15.2.1 For Commercial General Liability Insurance and Automobile Liability Insurance, Town, its officers, agents, volunteers and employees will be named as additional insureds.

15.2.2 Town Attorney will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.

15.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to Town.

15.3 PROVIDING CERTIFICATES OF INSURANCE AND ENDORSEMENTS.

Prior to Town’s execution of this Agreement, Town Attorney will furnish certificates of insurance and endorsements to Town.

15.4 FAILURE TO MAINTAIN COVERAGE. If Town Attorney fails to maintain any of these insurance coverages, then Town will have the option to declare Town Attorney in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Town Attorney is responsible for any payments made by Town to obtain or maintain insurance and Town may collect these payments from Town Attorney or deduct the amount paid from any sums due Town Attorney under this Agreement.

15.5 SUBMISSION OF INSURANCE POLICIES. Town reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements.

15.6 PRIMARY COVERAGE. For any claims related to the services and this Agreement, the Town Attorney’s insurance coverage will be primary insurance with respect to Town, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by Town for itself, its officers, agents, volunteers and employees, will be in excess of Town Attorney’s insurance and not contributory with it.

15.7 REDUCTION IN COVERAGE/MATERIAL CHANGES. Town Attorney will notify Town thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

16. RECORDS, MONTHLY STATEMENTS AND AUDIT
The Town Attorney shall maintain careful and accurate records of all time spent by the Town Attorney to the closest ¼ of an hour, and all reimbursable costs advanced by the Town Attorney’s office in conjunction with Town business. The Town Attorney shall render monthly statements to the Town for the performance of all administrative and litigation services showing the services performed, the hours spent, the costs advanced and the amount the Town Attorney is entitled to receive from the Town for the month. If Item D Page 9
Town Council Meeting October 24, 2023
approved, the sum shown to be due by such statement shall be paid to the Town Attorney by the Town within thirty (30) days after said approval. Books of account and the time records of the Town Attorney pertaining to business transacted for the Town shall be open to audit by the Town Council, Town Manager or their designee.

17. TERMINATION
This Agreement may be terminated upon either party giving the other sixty (60) days written notice. Upon the termination of this Agreement, the Town Attorney shall return to the Town any Town Code books received, active litigation files, and any files maintained on Town matters by the Town Attorney.

18. AMENDMENTS AND NONASSIGNABILITY
This Agreement may be amended only in writing and only with the written consent of both parties. This Agreement may not be transferred or assigned.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the _______ day of _____________________, 2023.

TOWN OF WOODSIDE JEAN B. SAVAREE
By: ____________________________ By: __________________________ Chris Shaw, Mayor Jean B. Savaree
Item D Page 10 Town Council Meeting October 24, 2023
From: Melissa Cardinale
To: Council Members
Cc: Kai Ruess; Sage Schaan; Sindhi Mekala
Subject: Emergency Preparedness Committee"s Presentation to the Town Council Date: Monday, October 23, 2023 9:04:01 AM
Attachments: Woodside Town Council From EP Committee 2023-10-20.pdf Good morning,
I am forwarding a message from Emerson “Chip” Swan for tomorrow night’s presentation from the Emergency Preparedness Committee:

Esteemed Town Council members,
This is Emerson “Chip” Swan, the Chair of your Emergency Preparedness Committee. I hope to be able to take a little of your time at Tuesday’s meeting to update you on our status.

There is a lot going on.

Rather than bore you with reading my presentation aloud, I hope you can take a few minutes to read the attached write-up. Then we can spend all of our time discussing your questions.

I will have some handouts at the meeting with more information, and a little show-and-tell to make it all “feel real.”
Cheers,
Emerson “Chip” Swan
Chair of the Emergency Preparedness Committee of the Town of Woodside Melissa Cardinale
Assistant to the Town Manager
Town of Woodside
P.O. Box 620005
2955 Woodside Road
Woodside, CA 94062
Main: (650) 851-6790
Direct: (650) 530-3429
E-mail: [email protected]
October 20, 2023
Strengthening Community Preparedness and Engagement in Woodside A Presentation and Proposal to the Woodside Town Council From its Emergency Preparedness Committee
Council members of the Town of Woodside, I am here today representing your Emergency Preparedness Committee. It has been my honor to serve as Chair of that committee for the last year, and as a member for several years before that.

I have 3 main points to cover. One, we have gotten a lot done, especially recently as our “plans come together.” Two, we could not have accomplished anything without your support, and we cannot thank you enough. Three, we hope to do even more, so of course we will be asking for more support.

The committee has begun working on what we believe to be the most important “foundational task” before us, community engagement and readiness. We want 100% of our residents to feel that they are part of a community helping each other to be better prepared, safer. It is very encouraging to see the council and all committees increasing efforts to build volunteerism and outreach. This is how we do it. This is how we build that community of neighbors helping neighbors.

In our recent meeting of Committee Chairs, a recurring theme emerged - one that is paramount to our shared mission. This theme revolves around the imperative for improved communication and outreach, often encapsulated by the term "marketing." This encompasses a spectrum of activities, including outreach, publicity, sales, and more. One of our greatest challenges is that many residents move to Woodside specifically to be “left alone” in our rural neighborhoods. Many residents don’t know where this building is, what work is done by our volunteer committees, and how much we all benefit from this dedicated community effort. Our dream is to see every resident become not only informed but also an active participant in our collective journey.

Before I talk about what else can be done to “sell more Woodside to Woodsiders,” let me give a brief update on the recent accomplishments and ongoing initiatives of our Emergency Preparedness Committee (EPC).

Several years ago, the EPC embarked on a mission to bolster emergency preparedness and response in our town by providing support to the nonprofit program operating within our fire district—the Woodside Fire Protection District (WFPD). Formerly known as "CERPP," this program underwent a transformation over the past several years, culminating in a corporate name change. It is now "Emergency Preparedness in Communities, Inc." or simply "EPiC." EPiC has pivoted its focus toward "Ready Communities" under the WPV-Ready initiative, while simultaneously equipping and training deployable citizen responders through the WPV-CERT program.

Central to the Woodside EPC's mission is the identification and mitigation of Woodside-specific risks and resources. Our goal is to establish organized communities of support within our distinct town. Initiatives like the Home Hardening and Defensible Space Matching Fund have been established to foster resilience within our community. Given our unique geographical challenges, including disappearing highways and distinctive evacuation concerns, strategic community organization is paramount.

The WPV-CERT program is structured around mobile "Command Posts" and "Incident Management Teams," each equipped with portable trailers containing essential supplies for effective emergency response. These trailers encompass everything from medical kits and communication devices to tents and generators. Currently, we have WPV-CERT trailers stationed in Woodside and Portola Valley, with plans for a third in the Skyline area.

The first two trailers are ready to deploy today, and would likely be the first resource available after, for instance, a major earthquake. These resources have already proven useful in providing staffing for Evacuation Points during the winter’s storms, providing first aid stations for local events, and providing communications when cell providers lose their connections. (I should mention that WPV-CERT has built several independent, district-wide radio communication systems.) Collaborative efforts are also underway to establish a Firefighter Rehabilitation team with neighboring jurisdictions, underscoring the significance of our engagement with adjacent communities.

The WPV-Ready program, on the other hand, is entirely dedicated to ensuring that every district resident is connected to an organized community, thereby establishing a foundational level of Emergency Preparedness.

This is facilitated through user-friendly checklists, online assessment tools, and a "Guide to Organizing Ready Communities." It's worth noting that much of the material now accessible via WPV-Ready owes its existence to the dedication of Woodside volunteers.

As our region grapples with the escalating threat of wildfires and the critical importance of maintaining sufficient insurance coverage, many have embraced the Firewise USA® program. This program not only promotes resilience against wildfires but also serves as a conduit for broader emergency preparedness efforts.

Communities that engage in Firewise become hubs of preparedness, positioning them to effectively handle various emergencies. It has proven a wonderful way to build communities, help them mitigate their wildfire risk, and help our residents get insurance discounts.

Considering our shared interests, the EPC seeks to collaborate with the Town Administration on several pivotal projects. These include the provision of Temporary Evacuation Points during storms, coordination with cell providers to enhance communication, broadcasting of vital information through AM radio, exploration of innovative tools like LoRa mesh radio networks, and exploring other ways that we can make our residents and our Town staff more resilient. We have a subcommittee working with the fire department and members of the Portola Valley team who have already become familiar with the LADRIS system (AI for Climate Risk), to help load Woodside’s profile and make us safer during evacuation. Projects like joint emergency drills, CERT Basic Skills training for staff and volunteers, and exploration of the NFPA Community Risk Reduction framework are all on our collaborative agenda.

To fully realize our vision, the EPC hopes to find additional resources. This entails bolstering our Community Building and Messaging efforts, providing incentives for community organization, facilitating CERT Training, increasing funding for WPV programs, and securing the valuable assistance of an intern skilled in social media and outreach. I need to thank you here, especially, for the increased financial support that EPiC is receiving from the Town of Woodside.

Currently, the Emergency Preparedness Committee is intently focused on Community Building—a realm where your support would be invaluable. Our aim is to ensure that all Woodside residents attain a basic level of preparedness and become integral parts of well-connected neighborhoods. Notably, our partnership with Firewise USA has yielded encouraging outcomes, with the number of participating Woodside communities steadily rising. These communities serve as beacons of preparedness, facilitating engagement and readiness on a wider scale.

I also want to thank Woodside for leading the way in communication with the “Digital Signage” project that is being developed by WPV-Ready. This will allow us to reach more people with highly visible messages. We want to bring in more residents for events, committee meetings, and other valuable “outreach efforts” with this eyecatching tool. We hope to have our first display running at Alice’s Restaurant very soon. The EPC is working on similar projects, such as Woodside-specific Go-Bag tags and emergency preparedness handouts.

As I often tell people, we don’t prepare for big emergencies; we prepare for all the little things that will go wrong when a big emergency happens, like having clean water, something to eat, a way to stay warm and dry, and a way to communicate. A big emergency is just all those things happening at once. If we can get every resident of Woodside connected to our “Ready Communities,” we will all be measurably safer. And really, it just comes down to telling the story over-and-over and getting people talking to each other; again, in the business schools, they simply call it “marketing.”
I cannot express how grateful I am for your continued dedication and unwavering commitment to our shared goals. Your willingness to amplify our efforts through enhanced support and collaboration is truly commendable.

Together, we can empower Woodside's residents to stand resilient, well-prepared, and united in the face of emergencies.

Thank you,
Emerson “Chip” Swan
Town of Woodside Emergency Preparedness Committee Chair October 20, 2023
Addendum
A lot of the information presented here is necessarily brief. Please contact me with any questions you may have about the details of any point presented.

First, I ask again to please make sure you are registered with http://SMCAlert.info. If you have not been there recently, they have a new system, and you should re-register yourself. ALSO please register on our district-wide Emergency Preparedness program website at http://WPV-Ready.org/Register. And please join our Emergency Preparedness discussion group at http://wpv-ready.groups.io/g/Main/topics.

Information about the Firewise program can be found at
http://WPV-Ready.org/Firewise
All available WPV-Ready Emergency Preparedness handouts can be found at http://WPV-Ready.org/Learn/Downloads
Two key handouts are the “Basics of Preparedness Checklist” and the “About WPV-Ready and About WPV-CERT” documents we have put in today’s packet. The packet also has a copy of the “Guide to Organizing Ready Communities.”
There is a special page for helping Community Leaders organize their neighbors. https://wpv-ready.org/Learn/Organize/Your-Ready-Community Our CERT program has its own website, where we can help everybody get trained. I hope. http://WPV-CERT.org
A current hot topic in the community-building teams is the insurance discounts that are becoming available to California homeowners who have taken steps to reduce wildfire risk in their home and/or their individual property.

Find out more at this site.
https://www.insurance.ca.gov/01-consumers/105-type/95-guides/03-res/Insurers-Currently-Offering-Discounts.cfm The Community Risk Reduction program, which is the whole-town level of tools from the people who bring us Firewise USA, can be found here.
https://www.nfpa.org/News-and-Research/Resources/Community-Risk-Reduction