DocuSign Envelope ID: 3360F8A3-58F3-439E-A208-530CF5458AAD
TOWN OF WOODSIDE
TOWN COUNCIL MEETING MINUTES
Independence Hall, 2955 Woodside Road, Woodside
March 12, 2024
7:00 p.m.
CALL TO ORDER
Mayor Wall called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall Staff Present:
Kevin Bryant, Town Manager
Jean Savaree, Town Attorney
Sage Schaan, Planning Director
Yazdan Emrani, Town Engineer/Public Works Director
Melissa Cardinale, Assistant to the Town Manager
Jennifer Li, Town Clerk
PLEDGE OF ALLEGIANCE
Three students from the Woodside Elementary School led the Pledge of Allegiance.
COMMUNICATIONS
There were no open communications.
TOWN MANAGER REPORT
Mr. Bryant stated: about 80 participants attended the Public Safety Town Hall meeting on March 7, 2024; it was recorded and is posted on the Town website; the draft Housing Element was posted last Thursday for the mandatory seven-day public posting; the Town has received six comments so far, which will be forwarded to the State; there have been 60 new subscribers to the Town website since the last Council meeting.
Councilmember Fluet thanked staff for setting up the Public Safety Town Hall, which was thorough and well-organized.
APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Circulation Committee
Councilmember Goeld moved to appoint Christina Warren and Sherry Lin to the Circulation Committee.
Motion seconded by Mayor Wall and approved by roll call vote:
AYES:
NOES:
CounciLmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall None
CONSENT CALENDAR
1. Approval of Waiver of Full Reading of Ordinance, per Government Code Section 36934.
2. Register of Demands Against the Town of Woodside from February 17 through 29, 2024.
Town Council Meeting Minutes March 12, 2024 Page 1
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3. Resolution Approving 1367 Cariada Road (APN 073-101-030) to Connect to the Town Center Sewer Assessment District.
Resolution No. 2024 - 7666
4. Resolution Authorizing the Town Manager to Reject the Bid for the Kings Mountain Road at Woodside Road Crossing Project, Re-Bid the Project, and Execute a Contract with the Lowest Responsive and Responsible Bidder in an Amount not to Exceed 5140,000, which includes Construction Contingency.
Resolution No. 2024 - 7667
Mayor Wall pulled Item 4 for discussion.
Councilmember Fluet moved approval of the Consent Calendar Items 1 to 3.
Motion seconded by Councilmember Shaw and approved by roll call vote:
AYES:
NOES:
Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall None
Regarding Item 4, Mayor Wall asked about including other crosswalk improvement projects in the bid.
Mr. Emrani said they can.
The Public Comment Period opened at 7:09 p.m.
Ehsan Farkhondeh, Circulation Committee, expressed support for adding a crosswalk at Romero Road and Cariada Road.
The Public Comment Period closed at 7:10 p.m.
Council and staff discussion included: it is a contractors' market and they try to maximize their profit margins; adding another crosswalk project would not compromise timing of the Kings Mountain Road crosswalk project; there have not been concerns about a crosswalk project around Romero Road; a crosswalk at Cariada Road and Glenwood Avenue have not been thoroughly discussed at the Circulation Committee yet; staff can put both projects out to bid at the same time.
Councilmember Goeld moved approval of the Consent Calendar Item 4.
Motion seconded by Councilmember Fluet and approved by roll call vote:
AYES:
NOES:
Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall None
Mr. Bryant noted that there are some public comments.
The Public Comment Period opened at 7:17 p.m.
Kim Hansen, Raymundo Drive, hopes that the Kings Mountain Road crosswalk project will not be delayed by adding another crosswalk project.
Sunil Suri, Las PuLgas Drive, spoke in support of solar projects and offered his consulting services.
The Public Comment Period closed at 7:19 p.m.
Town Council Meeting Minutes March 12, 2024 Page 2
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NEW BUSINESS
A. Review and Comment on Woodside Fire Protection District Draft Ordinance No. 24-01, which would Establish Fuel Mitigation and Exterior Hazard Abatement Standards to be Enforced by the Fire District Throughout the District, Including the Town of Woodside.
Mr. Bryant presented the staff report and introduced Kim Giuliacci, Fire Marshal.
In response to Council's question about how to relay concerns, Mr. Bryant stated: Council may comment tonight and request to include them in a letter to the Fire Chief/Board.
Kim Giuliacci, Fire Marshal, introduced the Fire Chief, Tom Cuschieri, Deputy Fire Marshal, Marshall Hird, and Fuel Mitigation Engineer, Dan Dempsey. She spoke of: how the fuel mitigation ordinance will help homeowners create and maintain defensible space around their properties; some language was added to make it less punitive (e.g., owners will have one year to comply, or per request, a three-year phased compliance); conducting 2,000 inspections per year out of 6,000 parcels in the Woodside Fire Protection District (WFPD) ideally with the homeowner present to devise a plan together; one of the biggest concerns is regarding adjoining parcels; clearance does not mean removing all vegetation; these efforts are a partnership to achieve community resiliency; insurance companies take into consideration local ordinances of the district; Fire Aside is their user-friendly software, available on the WFPD website; the generated report is a live document that can be updated by the homeowner and the WFPD as corrections are made; another concern is regarding the sale of a home, which compliance will be the responsibilities of the seller and buyer to come to an agreement on within one year of escrow closing; the appeal process starts with the Fire Marshal, and the decision can be appealed to the Board of Directors, which is made up of residents from Woodside, Portola Valley, and unincorporated San Mateo County; welcoming everyone to visit the WPFD website for various resources and to access the draft ordinance.
Council questions included: what the Town can do to provide incentive for compliance (i.e., couLd the residents in Districts 2 and 5 get a higher rebate for the increased vegetation they need to deal with); regarding the sale or transfer of property, could defensible space be a forced disclosure versus making it some type of legal contract; regarding impact on neighbors, would it make sense to create a new fire compliance fee for structures that may create an economic burden on a neighbor; why the properties east of Highway 280 that were not previously included under the High Fire Severity Zone classification are included now; whether the ordinance will apply to neighboring communities; whether during these fire inspections, if there is a non-conforming structure, will the WFPD try to bring those non-conforming structures into compliance; has there been any determination of the compliance cost of this for the community; clarification about enforcement; does this change areas without the High Fire Severity Zone designation to become included in the High Fire Severity Zone; advice for a resident who may read the ordinance and guidelines, and think they would need to cut down multiple hundred-year old redwood trees; would any home hardening observations be recommendations or obligations; how the WFPD will ensure consistency of recommendations; whether a longer time horizon than three years was considered since other examples cited took 10 years for compliance.
In response to the Council's questions, Ms. Giuliacci stated: Table G has recommendations for plant spacing on slopes; for the sale or transfer of property, agreement would be between buyer and seller on compliance responsibility; the Fire Hazard Severity Zone Maps are created for land use planning; fires do not contain themselves within zones and burns wherever it finds fuel; the ordinance applies to everybody because everybody has to be a part of doing what they need to do to protect the whole District; the ordinance applies only to the WFPD; structures built after 2008 should be to Building Code Chapter 7A standards, which they could note a negative finding for; there have been no studies on the compliance cost for defensible space, however, there is the comparable cost of home hardening versus building to Chapter 7A; compliance can be spread out over time with minor home upgrades (e.g., metal guards, vents, cleaning up debris around the house); if nothing is being done, notification will be sent, time limits and payment plans (if necessary) will be set up; if those do not rectify the issue(s), homeowners could be deemed guilty of a misdemeanor and more; Cal Fire determines the areas in a High Fire Severity Zone; insurance companies do not look at the severity zones, but rather the community as a whole; insurance companies follow a similar checklist to the Institute Building and Housing (IBHS) Wildfire Preparedness program; the recommendations from the State are products of studies and research, however, they Town Council Meeting Minutes March 12, 2024 Page 3
DocuSign Envelope ID: 3360F8A3-58F3-439E-A208-530CF5458AAD cannot be realistically applied to every community; tree maintenance is important (e.g., limbing and pruning appropriately) and evaluating whether there is adequate separation between vegetation and structure; home hardening findings would be obligations if Chapter 7A requires it (e.g., vent size); all WFPD personnel is trained the same for inspecting commercial and residential properties; the time horizon is up to the homeowner, however, the WFPD would try to address the largest hazards before addressing the least hazardous; the goal is to educate and raise awareness; compliance has been voluntary for over 20 years, and no progress is being made.
The Public Comment Period opened at 8:15 p.m.
Michael Standefer, Redwood City resident, asked for clarification on the current ordinance adoption process.
In response to Mr. Standefer, Mayor Wall stated: it is currently in the review and comment process, and has not been adopted yet.
Mr. Bryant added that the WPFD District has done the first reading with the second reading expected to be in two weeks.
Mr. Standefer expressed concerns about insurance coverage and the lack of community awareness about the ordinance changes.
Mayor Wall requested Ms. Giuliacci to describe outreach efforts to the community.
Ms. Giuliacci stated: the draft ordinance was posted on the website in November 2023; the Town of Portola Val(ey hosted a workshop for the entire District, which was attended by residents in Los Trancos, Portola Valley, and Woodside; communication was transmitted through Town Managers and committee group channels; flyers were posted at both Robert's Markets, hardware stores, and local businesses willing to participate; there were additional workshops in December 2023 and January 2024; the WFPD met with the homeowner's associations throughout the District; feedback was provided throughout this entire time, and the workshops were created around addressing questions and concerns; all the detailed information is posted on the WFPD website to help homeowners understand the ordinance.
In response to Council's question whether the Emergency Preparedness Committee has commented on this ordinance, Mr. Bryant stated: no.
Dave Burow, Sheridan Way, asked for clarification about implementing the program throughout the entire District.
Ms. Giu(iacci stated: the Public Resource Code 4291 applies to everyone in the Wildland Urban Interface, not just the zones.
Mr. Bryant added: there are two different State laws at play; the Public Resource Code applies to State Responsibility Area (Cal Fire), and the Government Code applies to the Local Responsibility Area (WFPD); the Government Code is why defensible space requirements are for the High Fire Severity Zones.
Mr. Burow expressed concerns about: extending a blanket requirement that places a burden on parts of the community unnecessarily; the cost for hiring more inspectors; not enough common sense being applied; poor communication to the community; the process moving too quickly without proper input from the community.
Kim Hansen, Raymundo Drive, expressed concerns about: the increasing depletion of available homeowners' insurance for California residents; new disclosure requirements during the home sale process; deteriorating community values; whether the District's 533 million could be used towards the Defensible Space and Home Hardening Matching Fund Program.
Suzanne Fouche, Redwood City resident, expressed concern about the lack of community awareness about the ordinance changes that could cause huge monetary liabilities.
Town Council Meeting Minutes March 12, 2024 Page 4
DocuSign Envelope ID: 3360F8A3-58F3-439E-A208-530CF5458AAD The Public Comment Period closed at 8:40 p.m.
CounciL discussion included: appreciation for the passion behind the ordinance to save property and (ives; the cost to the community will be significant; properties on slopes will have a bigger burden; how the Town can help mitigate the burden or evolve the program to be aligned with where the code is going; a suggestion to incorporate a separate fee that assists with creating defensible space; education is important, and could fill an entire edition of the "Woodsider" newsletter; three years for compliance is too quick; concern about pitting neighbors against each other; a suggestion to host more public sessions; encouraging the WFPD to assist with funding the Defensible Space and Home Hardening Matching Fund Program; dismay that a member of the Fire Board is not present tonight; there may be unintended consequences since there are competing interests (e.g., needing to increase housing stock paired with the difficulty in insuring housing); the adjacent property costs need to be accommodated somehow (e.g., a cap on how much is expected to be paid per year or life of the project); the Fire Board should not be the adjudicating body on appeals; a suggestion for the ordinance to be implemented incrementally, starting with the Very High Fire Severity Zones and new construction; disagreement that homeowners will be required to spend hundreds of thousands of dollars to remove ancient groves of trees; a desire for an outreach plan to inform and educate residents about the new ordinance (e.g., utiLizing the Town website, hosting a workshop); hope for more advocacy with insurance companies; advocating for clarification on the rules the WFPD will insist upon and which they are flexible on; agreement that fires are not constrained by neighborhood boundaries, and the Council cannot determine who is more important (i.e., those in the High Fire Severity Zones on a Fixed income or those with less clearing to do); direction to staff to provide a transcript of this discussion to the WFPD, create a Woodside-specific outreach plan, and urging the Fire Board to delay adopting the ordinance on March 26, 2024, to provide more time for public outreach.
In response to the Council's question about the annual expenditure on the Defensible Space and Home Hardening Matching Fund Program and hazardous tree removal, Mr. Bryant stated: 5600,000 to 650,000 for Defensible Space; hazardous trees can vary by years and there is federal money to support hazardous tree removal; one year, 5400,000 was spent on hazardous tree removal.
There was a break from 9:19 p.m. - 9:22 p.m.
B. Approve a Comment Letter Opposing ATEtT's Applicatton to the California Public Utilities Commission to Have Their Carrier of Last Resort Obligation Removed.
Mr. Bryant presented the staff report.
Council questions included: is there another alternative to AT&T in Woodsidea how the last sentence of the draft letter would be determined.
In response to the Council's questions, Mr. Bryant stated: no, there is no alternative to AT&T; the last sentence was language suggested by the congressional letter to relieve some of AT&T's obligation.
The Public Comment Period opened at 9:28 p.m.
Brandon Baranco, AT&T, requested the Council postpone a decision tonight, and give AT&T an opportunity to meet with the Council and share their perspective; he spoke of why AT&T is pursuing Carrier Of Last Resort (COLR) relief (i.e., modernize technology).
Thalia Lubin, Palm Circle Road, expressed support For the draft Letter, and asked staff (or the outcome of the Board of Supervisors meeting that occurred earlier in the day.
In response to Ms. Lubin's question, Mr. Bryant stated: the Board voted 5-0 to direct the Attorney's office to draft a Resolution opposing the application.
Ms. Lubin spoke of experiencing frequent power outages and wireless has not proven to be the answer yet for outlying areas.
Town Council Meeting Minutes March 12, 2024 Page 5
DocuSign Envelope ID: 3360F8A3-58F3-439E-A208-530CF5458AAD Steve Lubin, Palm Circle Road, added: something that does not rely on the cellular or the local power system would be needed to replace the copper wires.
David Mittelman, Grandview Drive, stated: when he moved in 2017 and 2022, AT&T told him that land line service was unavailable; AT&T needs to invest in proper maintenance; there is merit to old technology (e.g., low-frequency transmissions for submarines, power transmission lines, plumbing); copper land lines are the only way for rural neighborhoods to get reliable communication.
Bree-Anna Vail, Kings Mountain Road, spoke of not having reliable cellular service in her home and needs the landline for regular and emergency use.
The Public Comment Period closed at 9:38 p.m.
Council comments included: it is strange ATEtT would need to be relieved of being the COLR before they have a fully functioning fiber network; there is unreliable/nonfunctioning cellular in Town; support for the draft letter and deleting the last sentence; ATEtT has been unresponsive in helping get reliable internet service in certain parts of Town; there is no solution for when the power goes out, so the current system needs to be maintained; appreciation for Ms. Vail attending two Town Council meetings and sharing her personal experience.
Councilmember Fluet moved approval o( Item B with the modification to delete the last sentence.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES:
NOES:
Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall None
C. (1 ) Ordinance Amending Title Ill, Administration, Chapter 34, Finance, Article I (Purchasing of Supplies, Equipment, and Services) of the Woodside Municipal Code; (2) Ordinance Amending Title Ill, Administration, Chapter 38 (Bidding Public Projects) of the Woodside Municipal Code; and (3) Resolution Adopting Town of Woodside Purchasing Policies.
Ordinances No. 2024 - 635; No. 2024 - 636; and Resolution No. 2024 - 7668 Ms. Cardinale presented the staff report.
The Public Comment Period opened and closed at 9:45 p.m.
Council comments included: whether there should be language that adjusts for inflation over time; these are reasonable, conservative numbers; hopefully it streamlines the efforts of Council and staff going forward.
Councilmember Goeld moved to introduce the ordinances.
Motion seconded by Councilmember Brown and approved by roll call vote:
AYES:
NOES:
Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall None
REPORTS
D. Volunteer Committee Updates.
Ms. Cardinale provided updates from a recent Recreation Committee meeting.
E. Mayor and Councilmember Communications.
CounciLmember Goeld thanked the Mayor and staff for the Public Safety meeting on March 7, 2024.
Town Council Meeting Minutes March 12, 2024 Page 6
DocuSign Envelope ID: 3360F8A3-58F3-439E-4208-530CF5458AAD Councilmember Fluet said the California Public Utilities Commission meeting is on March 19, 2024.
Mayor Wall thanked her fellow councilmembers for attending the Public Safety meeting on March 7, 2024, and for staff's assistance. She gave a brief history of the Ohlone people in the area.
COMMUNICATIONS
ADJOURNMENT
Mayor Wall adjourned the meeting at 9:52 p.m.
Clerk of the Town of Woodside
APPROVED:
(IIhAoRo7cRul8.i: knne,dr.bPFy:4m.?,
Mayor of the Town of Woodside
Town Council Meeting Minutes March 12, 2024 Page 7