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Minutes, first session

Town Council
October 22, 2024

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Minutes, first session
Meeting
October 22, 2024
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Town Council
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Text extracted from the city's file for reading and search. Open the original on www.woodsideca.gov. That file is the official record.

Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49

TOWN OF WOODSIDE

TOWN COUNCIL MEETING MINUTES
Independencer Saw Teleconide Roe Cation: Huertas 19, Zona Centro, 37700 San Miguel de.M. independence Hall, 2955 Woodside Road, Woodside Allende, Guanajuato, Mexico

CALL TO ORDER
Mayor Wall called the meeting to order at 7:00 p.m.

ROLL CALL

Present: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw (via teleconference), and Mayor Staff Present:

Kevin Bryant, Town Manager
Jean Savaree, Town Attorney
Sage Schaan, Planning Director
Yaz Emrani, Public Works Director/Town Engineer
Julie Paping, Administrative Assistant
Vice Mayor Fluet joined via Zoom due to a childcare need requiring participation be remote.

PLEDGE OF ALLEGIANCE
Councilmember Brown led the Pledge of Allegiance.

COMMUNICATIONS
Anne Van Camp of the Woodside-area Horse Owners' Association (WHOA!) played a video celebrating the history of WHOA! and the Woodside Day of the Horse.

Alayna Van Dervort Wagner made a statement encouraging more opportunities for community engagement with the Town. She stated that she also spoke with the Fire Marshall regarding how the Fire District could further engage with the Woodside community and how, together, they can help support the senior community.

Hasan Aburish discussed traffic issues related to road work and road closures. He requested improved communication from the Town.

Mr. Emrani stated that Town staff has tried to improve communication with utility companies. There is a set of conditions of approval for encroachment permits that are not always followed. The Town has added an additional step of requiring a meeting anytime there will be a road closure. Mr. Emrani stated that utility companies are supposed to notify residents that are impacted, but the utility companies sometimes do not communicate down to the subcontractor level. Mr. Bryant stated that the Town does not currently have a page on its website for road closures, but one could be added in addition to utilizing the Town's Nextdoor account.

Christin New spoke about road closure issues and the significant delays they have caused. She stated that wait times are egregious and sometimes road work signs are not accurate.

David Mittelman stated that if the ADU ordinance removed the cap on ADU count and ADU size and instead allowed the total floor area already permitted in the code, in whatever matter a property owner saw fit, one could fit more ADU units providing more housing. He strongly encouraged the Town Council to remove ADU caps per parcel leaving the total floor area restriction to manage density.

Town Council Meeting Minutes October 22, 2024 Page 1
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49

TOWN MANAGER REPORT
Mr. Bryant stated that Cal Recycle requires the Town file a report on waste activities and programs to reduce waste. On October 30, 2024, State and Town staff will be on site to review the Town's implementation of its program to reduce waste. Mr. Bryant announced Frank Dal Porto as the new Captain assigned to the Sheriff's Department Headquarters Bureau, who essentially serves as Woodside's police chief.

APPOINTMENTS
Report and Recommendation from the Town Council Committees Appointments Subcommittee:
a. Woodside History Committee
Councilmember Goeld stated one application was received from Melody Westervelt, and the Woodside History Committee has recommended that Melody be appointed to the committee.

Councilmember Goeld moved to appoint Melody Westervelt to the Woodside History Committee.

Motion seconded by Councilmember Brown and approved by roll call vote:

AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: 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 October 1 through October 13, 2024.

3. Resolution Approving the Updated Joint Exercise of Powers Agreement for the San Mateo Operational Area Emergency Services Organization and Authorizing the Mayor to Execute the Agreement on Behalf of the Town.

Resolution No. 2024 - 7712

4. Resolution Authorizing the Town Manager to Execute an Agreement with Teri Black & Company, LLC for Recruitment Services for Town Manager.

Resolution No. 2024 - 7713

5. Resolution Declaring Old La Honda Road Between 133 Old La Honda Road and Dennis Martin Creek A "No Parking" Zone and Authorizing the Town Manager to Install "No Parking" Signs.

Resolution No. 2024 - 7714

6. 2024-25 First Quarterly Budget Review.

7. 2024-25 First Quarter Treasurers Report.

8. Approval of Minutes: Regular Meeting of May 14, 2024.

Councilmember Goeld pulled Item 3 for discussion, and Councilmember Dombkowski pulled Item 7 for discussion.

Councilmember Goeld moved to approve Consent Calendar Items 1, 2, 4, 5, 6, and 8.

Motion seconded by Councilmember Dombkowski and approved by roll call vote:

Town Council Meeting Minutes October 22, 2024 Page 2
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49 AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: None
Councilmember Goeld stated that the updated Joint Exercise of Powers Agreement for the San Mateo Operational Area Emergency Services Organization was approved by the individual representatives of each city or town on the committee unanimously. The agreement update was meant to bring the agreement to current terminology. There were no changes to fees nor responsibilities.

Councilmember Dombkowski provided an update on pensions and noted that pension obligations are in a position of strength.

Councilmember Dombkowski moved approval of the Consent Calendar Items 3 and 7.

Motion seconded by Mayor Wall and approved by roll call vote:

AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, Shaw, and Mayor Wall NOES: None

PUBLIC HEARING
A. ASRB2022-0022/CUSE2022-0002/ VAR12022-0006 / GRAD2022-0001/ GPAM2022-0001/ ZOAM2022-0001 / GPCD2022-0001 / EASE2022-0001:

1. Review, and approval, conditional approval, or denial of Application Numbers: ASRB2022- 0022 (DESIGN REVIEW); CUSE2022-0002 (CONDITIONAL USE PERMIT AMENDMENT, UPDATING AND REPLACING CUSE2016-0008); VAR12022-0006 (VARIANCE TO PARKING SPACE SIZE REQUIREMENTS); GRAD2022-0001 (GRADING EXCEPTION FOR GRADING CUTS EXCEEDING 8 FEET AND SITE GRADING EXCEEDING 1,500 CUBIC YARDS); GPAM2022-0001 (GENERAL PLAN LAND USE DESIGNATION CHANGE FOR APN 072-162-350 FROM RESIDENTIAL (R) TO COMMERCIAL (C)); GPCD2022-0001 (GENERAL PLAN CONFORMANCE DETERMINATION FOR PARTIAL VACATION OF AN OPEN SPACE EASEMENT); EASE2022-0001 (PARTIAL VACATION OF AN OPEN SPACE EASEMENT), AND DETERMINATION THAT THE PROJECT 15 CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES CLASS 1 (EXISTING FACILITIES), CLASS 2 (REPLACEMENT OR RECONSTRUCTION), CLASS 3 (NEW CONSTRUCTION), AND CLASS 11 (ACCESSORY STRUCTURES) (CEQA Guidelines Sections 15301, 15302, 15303 and 15311) for a proposed project including new commercial outdoor dining areas and expanded commercial parking lot at and existing commercial center known as the Cañada Corners, located at 3036 - 3062 Woodside Road (APNs 072-162-350 and 072-162-360) (The "Project").

2. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ZONING MAP DESIGNATION FOR APN 072-162-350 FROM RURAL RESIDENTIAL (RR) TO COMMUNITY COMMERCIAL (CC) (ZOAM2022-0001).

Mr. Bryant, Mr. Schaan, and Ms. Savaree presented the staff report.

Councilmember questions were grouped under the following categories: 1) process, 2) landscaping and privacy screening, 3) fences and walls, 4) lighting, 5) security, 6) trail access and improvements, 7) CUP and Measure A, and 8) interim measures.

Process:

Council questions related to process included: what happens if Council wish to see some re-work, what the line is for continuing, and whether the language of Measure A was ambiguous.

Mr. Bryant stated that the item would come straight back to Council if they wanted it re-worked, and that a continuation would be warranted for things where action cannot be taken tonight, such as a need to re- draft plans. Ms. Savaree stated that State propositions and citizen initiatives are not always the clearest, but you look at words and apply common sense interpretation.

Town Council Meeting Minutes October 22, 2024 Page 3
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49 Landscaping and Privacy Screening:

Council questions related to landscaping and privacy screening included: whether staff explored the idea of turning part of the parking lot into a more landscaped look, if native plants were required, the maximum height allowed for the solid fence, whether the number and varietal of riparian plants proposed would provide privacy screening, and if privacy screening plants are proposed along Cañada Road.

Mr. Bryant stated that staff has not explored the idea of a more landscaped look for part of the parking lot as staff is not the proponent of the project. He stated that Council could include it as a recommendation.

Mr. Schaan stated the plants must be riparian compatible given the location along the stream corridor and that there is a list of plant species included in a previous biological report. Mr. Schaan stated that the code allows for the fence to go up to 6 feet in height. Mr. Schaan stated that plants installed are typically shrub height and would take time to grow, but he deferred to the applicant on whether the plants would provide privacy screening. He also stated that there are a lot of trees and cover trees along Cañada Road. Some smaller oaks trees will be relocated, and there is a requirement for the applicant to submit on open space plan.

Fences and Walls:

Council questions related to fences and walls included: a request for clarification on what was being proposed regarding the solid fence given the applicant stated that what was presented was incorrect.

Mr. Schaan displayed the plans and described why staff believed there was a solid fence.

Lighting:

Council questions related to lighting included: whether there is any lighting requirement in the Town code, if there was consideration of lighting impacts on neighbors, if there is an industry standard for parking lot lighting, and if there was any obligation for the maintenance of lighting.

Mr. Schaan stated that he confirmed with the Building Official that the Building Code does not require outdoor lighting for commercial parking lots except at entrances and exits to buildings. The Zoning Code does not have requirements for lighting; however, there is a code that sets a maximum height for light fixtures at 14 feet. Mr. Schaan stated that lighting impacts on neighbors is part of the conversation and why the condition includes lower lights, even though the applicant prefers taller lights. Mr. Schaan noted that he did not have information regarding an industry standard for parking lot lighting. He also stated that Council could address maintenance of lighting as a condition and that elements related to Building Code could be enforced.

Security:

Council questions related to security included: if anything could be done to restrict parking for business use and not bicyclists, if there was consideration given to pointing cameras toward the easement, if there would be privacy issues if cameras were pursued, if the Sheriff's Office could do nightly patrols through the parking lot, what is the definition of security barrier, how contracted security works for Barkley Fields and Park, if Council could require cameras that remain on and monitor for sound, and what was being considered regarding amplified sound.

Mr. Schaan stated that because it is a private parking lot, signs could be posted about towing or unauthorized vehicles, but enforcement would be up to the property owner. Mr. Schaan stated that there have been no specific conversations about cameras and that there is nothing in the Code that would prohibit cameras. Mr. Bryant confirmed that the Town could request that the Sheriff do a nightly patrol in the parking lot. Mr. Schaan stated that the definition of security barrier was left vague. It could be as simple as a chain or something more complicated like a gate. Mr. Bryant explained that the Town has contracted with Woodside Patrol since Barkley Park opened. They open the gate in the morning and lock the gate in the evening. They have helped with alerting us to issues such as a water leak at 2am. The cost is approximately $3,500 per month for daily patrol. Mr. Schaan stated that he is not familiar with camera technology, but if it exists, the Town could require cameras that remain on and monitor for sound. Mr.

Schaan stated that staff recommended no amplified music be allowed and noted that at least one Planning Commissioner supported allowing non-amplified music during business hours.

Town Council Meeting Minutes October 22, 2024 Page 4
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49 Trail Access and Improvements:

Council questions related to trail access and improvements included: e-scooters and e-bikes, use designation for the trail along Cañada Road, signage, trail material, the current proposal for the trail at Cañada Road and Woodside Road, and maintenance requirements.

Mr. Schaan stated that there was no discussion on parsing out motorized versus non-motorized trail traffic.

It was strongly encouraged that modes of transportation used by children be allowed to continue. Mr.

Schaan stated that he believes the trail along Cañada Road is designated as a multi-use trail. He noted that when different easements for the property were granted in the '80s, they put easements for equestrians and pedestrians. Mr. Schaan stated that he was unsure whether the Town could prohibit motorized scooters and bikes since this a new phenomenon. Mr. Schaan stated that the applicant noted blue rock over the existing grade for the trail material. Mr. Schaan stated that the applicant has proposed trail improvements and to provide two crosswalks for the trail at Cañada Road and Woodside Road. Mr. Schaan stated that there was no maintenance requirement for the trail included in the CUP. Mr. Bryant stated that when an CUP and Measure A:

Council questions related to the CUP and Measure A included: Measure A language, the scope of the CUP, if the Town Council has a right to never allow a parking lot, if the parking ratio makes sense, employee parking, factors driving increased business, the number of parking spaces, allowed seating capacity, compliance with the CUP, precedent for reviewing applications for new and expanded permit when existing owner is out of compliance,
Ms. Savaree stated that Measure A indicated that parking is an authorized use on the site. It is a zoning designation. Ms. Savaree stated that an applicant has a right to submit a proposal and Town staff must review an application that is submitted. Ms. Savaree stated that the language "subject to duly approved" included in Measure A indicates the parking lot would be a conditionally permitted use. Ms. Savaree stated that the center has a CUP and that the parking lot is part of the center. Ms. Savaree stated that the fact that the parcel has been set as open space was not part of Measure A. Ms. Savaree stated that the Town Council could not tell the applicant that they could never put in a parking lot. Mr. Bryant stated that the use permit is being analyzed given the current code. The Town Council could agendize a parking study if they believe that the parking ratios do not make sense. Mr. Schaan stated that the formulas for parking take employees into account. He stated that the Robert's Market property is a separate property and that parking requirements under the code are applied to each property separately. Mr. Schaan stated that staff does not currently have data on what is driving business and whether outdoor dining has had an impact.

Mr. Schaan stated that there are currently 155 parking spaces and that 186 parking spaces would be required to conform to the proposed CUP. He confirmed that the proposed new parking spaces would bring the center into compliance with the current parking requirements. Mr. Schaan stated that, although the Town Council permitted outdoor seating during the pandemic, the allowed seating capacity did not change. It simply moved existing seats outside. Mr. Schaan noted that the temporary CUP expired on March 1, 2024.

Mr. Schaan has not verified whether The Village Bakery is in compliance and noted that an enforcement action would be a separate issue from the application and project being proposed. Ms. Savaree stated that the Planning Commission heard an application from the Village Church to amend their CUP to allow for operation of The Hub despite being out of compliance. The Planning Commission approved an amendment to the CUP to allow The Hub to operate. Mr. Bryant stated that when compliance for Cañada Corners came before Town Council in comment, the response was always that it would be taken up as part of this application.

Interim Measures:

Council questions related to the interim measures included: a definitive enforcement mechanism.

Mr. Bryant confirmed that the Town could come up with a definitive enforcement mechanism to address over-seating until the project is completed, if the application were approved.

Applicant Presentation:

Leigh Prince, land-use attorney assisting the applicant, and Dave Tanner, project architect, presented the project. Christine Roberts, the property owner, was available to answer questions.

Town Council Meeting Minutes October 22, 2024 Page 5
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49 Council questions for the applicant included: the concept map submitted by Steve Lubin, cost effectiveness, impact of increased business in the future, compliance with the CUP, if tree wells were off the table, financial hardship requirement for abandoning open space easement, alternatives to asphalt considered for parking lot, neighbor outreach, and how financial success of businesses benefits the landlord.

Mr. Tanner stated that the concept map submitted by Steve Lubin was not provided to him ahead of the meeting. He said he looked at trying to add islands and there was no room.

Mr. Tanner stated that the more that is added to the project, the higher the cost. He stated that the additional parking spaces do not bring in anything to the landlord, but the parking is necessary to keep the tenant businesses functioning.

Mr. Tanner stated that it would be impossible to increase business in the future as they are constrained by the size of the businesses and the number of parking spaces.

Ms. Prince stated that the property owner has made efforts to bring tenants into compliance and that the application process has taken longer than anticipated.

Mr. Tanner stated that tree wells were off the table as they cannot lose an additional 6 parking spaces. He said that 10 spaces were lost after Fire District review and that what is being proposed is barely enough.

Ms. Prince stated that Cañada Corners is uniquely situated and that the open space lot in the rear constrains use and creates a financial hardship. For the owner to maintain happy tenants and customers, they need new parking spaces but cannot accommodate the new spaces without abandoning the open space. She stated that losing the parklets would be a financial loss to the landowner and a loss to the community. If people cannot find parking, they will go elsewhere.

Mr. Tanner stated that the plans call for concrete in a lot of places to make handicap accessible spaces.

There will also be permeable asphalt in the back for drainage. He has not considered anything other than permeable asphalt. Mr. Tanner stated that every part of the parking lot must hold up to a fire truck. He said that grass could not be used, for example, because it gets wet and soft, and fire trucks could get stuck.

Mr. Tanner stated that he spoke to one personal friend about the project but had not done other neighbor outreach.

Ms. Roberts stated that the financial success of the tenants does not really benefit her as the landlord. The tenants have set leases that last 10 years or more and are not based on sales.

Public Comment:

The Public Comment Period opened at 9:47 p.m.

The following people spoke in opposition to the project as currently proposed: Rob Solomon, Micky Malka, Rick Van Duzer, Don Pugh, Maggie Mah, Andrew Green, Alayna Van Dervort, Kim Hansen, Christin New, Steve Lubin, Mark Dickey, Lee Ann Gilbert, Thalia Lubin, and David Mittelman. Those opposed to the project were generally against abandoning the open space easement and did not believe the findings could be made, especially regarding demonstrating financial hardship. Speakers stated that the lack of compliance with the current CUP contributed to the parking issues, and they would like to see the number of seats determined and CUP enforced prior to the consideration of additional parking. Speakers stated that the size and scope of the project went beyond what was contemplated under Measure A and at least one speaker regretted voting in favor of Measure A. Some speakers stated that the project should be considered as part of the Town Center Plan and should not be rushed through. Some speakers discussed safety concerns for trail users and the opportunity to design a functioning multi-use trail with input from multiple user groups. Some speakers urged the Town to revisit parking standards. One speaker stated that the existing outdoor dining was already congested and that the site wasn't the right size to accommodate it. Other concerns were voiced related to the lack of screening, the lighting, use of the fire lane, and trash in the Town Council Meeting Minutes October 22, 2024 Page 6
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49 The following residents spoke in favor of the project: Kendra Stewart, Peter Bailey, Evan Goldberg, Jason Applebaum, and Tyler MacNiven. Those who spoke in favor of the project stated that the project was in line with Measure A which was already passed by the voters. Speakers stated that the center and outdoor dining are a community asset and gathering location and that it was time to address the need for more parking.

Mayor Wall polled her fellow Councilmembers on whether they should consider continuing the item. The Town Council discussed availability and the time needed for staff and the applicant to gather additional information.

The Public Comment Period closed at 10:58 p.m.

Councilmember Goeld moved to continue agenda Item A to the December 10, 2024, Regular Meeting of the Town Council.

Motion seconded by Councilmember Brown and approved by roll call vote:

AYES: Councilmembers Brown, Dombkowski, Fluet, Goeld, and Mayor Wall NOES: Councilmember Shaw
B. Adoption of an Ordinance Adding Section 30.04, Town Council Compensation, of the Woodside Municipal Code to Set the Compensation for Town Council Members.

Ordinance No. 2024 - 7716
Mr. Bryant presented the staff report.

The Public Comment Period opened and closed at 10:59 p.m.

Councilmember Brown moved approval of the Ordinance.

Motion seconded by Councilmember Fluet and approved by roll call vote:

AYES: Councilmembers Brown, Dombkowski, Fluet, Shaw, and Mayor Wall NOES: Councilmember Goeld

REPORTS
C. Volunteer Committee Updates.

Mr. Bryant shared details about the upcoming volunteer reception and Cars & Coffee event.

D. Mayor and Councilmember Communications.

Councilmember Dombkowski acknowledged it was the last meeting with Councilmember Shaw and Vice Mayor Fluet. He stated it was an honor working alongside both Councilmembers.

Councilmember Goeld acknowledged it was Mayor Wall's last meeting in the role of Mayor, and he commended Mayor Wall on her ability to run the meetings.

Mayor Wall stated that she appreciated the privilege to serve as Mayor. She said it has been an honor, and she will have more to say at the December 10 Town Council Meeting.

COMMUNICATIONS
Town Council Meeting Minutes October 22, 2024 Page 7
Docusign Envelope ID: 25CA5625-3445-4C4A-91A6-230A2BF59C49

ADJOURNMENT
Mayor Wall adjourned the meeting at 11:02 p.m.

Gupt 2
Clerk of the Town of Woodside
APPROVED:
- Signed by:

Brian V/ombkowski
- 1CC32E22D0F4D8:

Mayor of the Town of Woodside
Town Council Meeting Minutes October 22, 2024 Page 8

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