Menlo Park City Council
February 8, 2022

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council

REGULAR MEETING AGENDA
Date: 2/8/2022
Time: 6:00 p.m.

Location: Zoom.us/join – ID# 831 3316 9409
NOVEL CORONAVIRUS, COVID-19, EMERGENCY ADVISORY NOTICE
Consistent with Government Code section 54953(e), and in light of the declared state of emergency, and maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting and participate using the following methods.

How to participate in the meeting
• Submit a written comment online up to 1-hour before the meeting start time:
[email protected] *
Please include the agenda item number you are commenting on. • Access the meeting real-time online at:

Zoom.us/join – Meeting ID 831 3316 9409
• Access the meeting real-time via telephone at:
(669) 900-6833
Meeting ID 831 3316 9409
Press *9 to raise hand to speak
*Written public comments are accepted up to 1-hour before the meeting start time. • Watch meeting:
• Cable television subscriber in Menlo Park, East Palo Alto, Atherton, and Palo Alto:

Channel 26
• Online:
menlopark.org/streaming
Note: City Council closed sessions are not broadcast online or on television and public participation is limited to the beginning of closed session.

Subject to Change: Given the current public health emergency and the rapidly evolving federal, state, county and local orders, the format of this meeting may be altered or the meeting may be canceled. You may check on the status of the meeting by visiting the City’s website www.menlopark.org. The instructions for logging on to the webinar and/or the access code is subject to change. If you have difficulty accessing the webinar, please check the latest online edition of the posted agenda for updated information (menlopark.org/agenda).

According to City Council policy, all meetings of the City Council are to end by midnight unless there is a super majority vote taken by 11:00 p.m. to extend the meeting and identify the items to be considered after 11:00 p.m.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
February 8, 2022

Regular Session (Zoom.us/join – ID# 831 3316 9409)
A. Call To Order
B. Roll Call
C. Agenda Review
D. Report from Closed Session
E. Public Comment
Under “Public Comment,” the public may address the City Council on any subject not listed on the agenda. Each speaker may address the City Council once under public comment for a limit of three minutes. Please clearly state your name and address or political jurisdiction in which you live. The City Council cannot act on items not listed on the agenda and, therefore, the City Council cannot respond to non-agenda issues brought up under public comment other than to provide general information.

F. Presentations and Proclamations
F1. Proclamation: Black History Month (Attachment)
G. Consent Calendar
G1. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report# 22-022-CC)
G2. Receive and file the Parks and Recreation Commission’s work plan (Staff Report #22-024-CC) G3. Receive the annual comprehensive financial report for the fiscal year ended June 30, 2021 (Staff Report #22-025-CC)
G4. Receive and file 2021 priorities and work plan quarterly report as of December 31, 2021 (Staff Report #22-029-CC)
H. Public Hearing
H1. Introduce zoning ordinance text amendment to modify Municipal Code Chapter 16.92 (SignsOutdoor Advertising) to allow increased signage for qualifying projects within the SP-ECR/D (El Camino Real/Downtown specific plan) zoning district (Staff Report #22-230-CC) (Applicant Presentation)
I.

I1.

Regular Business
Authorize the city attorney and city manager to draft and execute an amendment to the professional services agreement with Team Sheeper, Inc. for continued operation of the Burgess Pool for 12 additional months; and direct staff to prepare a Request for Proposals for an aquatics operator at Burgess Pool and the future Menlo Park Community Campus aquatics center now under construction and anticipated to open in Summer 2023 (Staff Report #22-026-CC) (Presentation) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
February 8, 2022

I2.

I3.

I4.

Consider and adopt resolution approving the Water Supply Assessment for the Willow Village mixed-use masterplan project (Staff Report #22-027-CC)
Consider and adopt a resolution approving the Water Supply Assessment for the 1350 Adams Court project (Staff Report #22-028-CC) (Presentation)
Consider 1) modifications to the composition and charge of the Housing Element Community Engagement and Outreach Committee, and 2) the use of a Community Based Organization to supplement the housing element update’s community outreach and engagement efforts (Staff Report #22-032-CC)
J. Informational Items
J1. City Council agenda topics: February – March 8, 2022 (Staff Report #22-023-CC) J2. Release of the Downtown market study (Staff Report #22-031-CC) K. City Manager's Report
L. City Councilmember Reports
M. Adjournment
At every regular meeting of the City Council, in addition to the public comment period where the public shall have the right to address the City Council on any matters of public interest not listed on the agenda, members of the public have the right to directly address the Council on any item listed on the agenda at a time designated by the chair, either before or during the City Council’s consideration of the item.

At every special meeting of the City Council, members of the public have the right to directly address the City Council on any item listed on the agenda at a time designated by the chair, either before or during consideration of the item.

For appeal hearings, appellant and applicant shall each have 10 minutes for presentations.

If you challenge any of the items listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Menlo Park at, or prior to, the public hearing.

Any writing that is distributed to a majority of the City Council by any person in connection with an agenda item is a public record (subject to any exemption under the Public Records Act) and is available by request by emailing the city clerk at [email protected]. Persons with disabilities, who require auxiliary aids or services in attending or participating in City Council meetings, may call the City Clerk’s Office at 650-330-6620.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956. Members of the public can view electronic agendas and staff reports by accessing the City website at menlopark.org/agenda and can receive email notification of agenda and staff report postings by subscribing to the “Notify Me” service at menlopark.org/notifyme.

Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 2/3/2022)

BLACK HISTORY MONTH
FEBRUARY 2022
WHEREAS, during Black History Month, we celebrate the many achievements and contributions made by African Americans to our economic, cultural, spiritual, and political development; and
WHEREAS, Black History Month grew out of the establishment, in 1926, of Negro History Week by Dr. Carter G. Woodson and the Association for the Study of African American Life and History; and
WHEREAS, the 2022 national theme focuses on the importance of Black Health and Wellness; and
WHEREAS, the observance of Black History Month calls our attention to the continued need to battle racism everywhere, including in our own city, and build a society that lives up to its democratic ideals; and
WHEREAS, the City of Menlo Park continues to work toward becoming an inclusive community in which all people —past, present, and future—are respected, valued equally, and recognized for their contributions and potential contributions to our community, the state, the country, and the world; and,
WHEREAS, the City of Menlo Park is proud to honor the history and contributions of African Americans in our community, throughout our state, nation, and world; and NOW, THEREFORE, BE IT PROCLAIMED I, Betsy Nash, Mayor
of the City of Menlo Park, hereby proclaim and celebrate February 2022 as Black History Month in Menlo Park.

Betsy Nash, Mayor
February 8, 2021








 


AGENDA ITEM F-1 Page F-1.1
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-022-CC
Consent Calendar: Adopt a resolution to continue conducting the City’s Council and advisory body meetings
remotely due to health and safety concerns for the
public and to authorize the use of hybrid meetings
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings.

Policy Issues
Assembly Bill 361 (AB 361) was signed into law September 16, 2021 allowing cities to continue holding virtual meetings during any emergency proclaimed by the governor. AB 361 sunsets January 1, 2024. The City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.

Background
The California Legislature approved AB 361, which was signed by the governor September 16, 2021 for signature. The bill allows local legislative bodies to continue to meet remotely through January 1, 2024. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing • Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
• The City is still under a local state of emergency
• County Health orders require that all individuals in public spaces maintain social distancing and wear masks
Analysis
The City is still under a local state of emergency, and the County’s indoor mask order is still in effect, so the emergency findings required under AB 361 are still in effect. The resolution authorizes the use of hybrid meetings, whereby City Councilmembers and staff may choose to attend either remotely or in person.

Although the City has returned to in-person meetings, due to the increase in infection rates of COVID-19 as AGENDA ITEM G-1 Page G-1.1
Staff Report #: 22-022-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org a result of the Omicron and Delta variants, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors.

Impact on City Resources
There is no impact on City resources.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it is an organizational structure change that will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution
Report prepared by:

Judi A. Herren, City Clerk
Page G-1.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AND

ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY

COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e) TO CONTINUE TO

ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting solely in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID 19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 11, 2020 the City Council proclaimed the existence of a local state of emergency within the City, pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and
WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and
WHEREAS, San Mateo County, the State of California and the Country in general, are currently facing a surge in infection rates due to the Omicron variant. According to data from the County’s Health Administrator and County website, the County is averaging approximately 1,500 new cases of COVID-19 per day; and
WHEREAS, although the City has returned to in-person meetings, due to the increase in infection rates of COVID-19 as a result of the Omicron and Delta variants, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors; and
WHEREAS, The State of California and the City of Menlo Park continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required; and based upon that Page G-1.3 ATTACHMENT A
Resolution No. XXXX

guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menlo Park that the City Council does hereby:

1. Find that current conditions authorize teleconference public meetings of Legislative Bodies.

Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the City Council finds that meeting in person, without the option for certain populations and persons to participate remotely, would present imminent risks to the health or safety of attendees. The City Council does therefore find that Legislative Bodies and members of Legislative Bodies of the City may elect to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

2. Authorize Legislative Bodies to conduct teleconference meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

3. Authorize Legislative Bodies to conduct hybrid meetings. The Legislative Bodies are hereby further authorized to conduct meetings in a “hybrid” format, where both members of the Body may elect to be present in person, utilizing appropriate distancing and masking practices, or participate by teleconferencing technology. Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies and will otherwise occur in a manner that protects the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing
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Page G-1.4
Resolution No. XXXX

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the eighth day of February, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of February, 2022.

Judi A. Herren, City Clerk
Page G-1.5
Library and Community Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-024-CC
Consent Calendar: Receive and file the Parks and Recreation Commission’s work plan
Recommendation
Staff recommends that the City Council receive and file the Parks and Recreation Commission’s annual work plan (Attachment A.)
Policy Issues
The City Council periodically receives and files key operational documents from City Commissions. The Parks and Recreation Commission advises the City Council on matters related to City programs and facilities dedicated to recreation. City Council Policy CC-21-004 (Attachment B) outlines the procedures, roles and responsibilities of the City Council-appointed advisory bodies for optimal functioning.

Background
City Council Policy CC-21-004 requires advisory bodies to develop annual work plans. Once finalized by a majority of the advisory body, work plans are to be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. In 2021, the Parks and Recreation Commission experienced unanticipated changes in the chair and vice-chair roles, which delayed the completion of the Commission’s work plan. The Parks and Recreation Commission unanimously finalized their work plan at their January 26, 2022 meeting.

Analysis
The Parks and Recreation Commission’s work plan guides the work of the Commission for the coming year.

The Commission’s work plan seeks to align itself with City Council goals, the parks and recreation facilities master plan, the library and community services department strategic plan, and the needs of the Menlo Park community. The Commission’s primary goal in 2021-22 is to support and advise the development of the operational plan for the Menlo Park Community Campus project anticipated to open in 2023.

Impact on City Resources
There is no new impact to City resources associated with this update.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

AGENDA ITEM G-2 Page G-2.1
Staff Report #: 22-024-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Parks and Recreation Commission work plan 2021-22
B. City Council Policy CC-21-004
Report prepared by:

Nick Szegda, Assistant Library Services Director
Report reviewed by:

Sean Reinhart, Library and Community Services Director
Page G-2.2
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Parks and Recreation Commission

MEMORANDUM
Date: 1/26/2022
To: Parks and Recreation Commission
From: Parks and Recreation Subcommittee – Work Plan Development Re: Commission Work Plan for 2021-2022
Parks and Recreation Commission Goals
• Facilitate the goals laid out in the 2019 Parks and Recreation Master Plan. • Provide high quality programs and services for Menlo Park residents. • Maintain, upgrade, and expand city parks and facilities. • Enhance public awareness and engagement.
• Include diverse community perspectives.
• Prioritize accessibility, safety, and sustainability.

Specific Examples
• Gather feedback on Willow Oaks park improvements.
• Discuss and gather information on the pros and cons of contractor-provided recreation services. • Review the pickle ball court additions.
• Invite members of the public on commission park tours. • Balance Belle Haven versus neighboring community needs in the new Menlo Park Community Campus.
• Develop strategies to mitigate the risks of off-leash dogs harming children.

Work Plan unanimously recommended for approval by the Parks and Recreation Commission at their January 26, 2022 meeting
ATTACHMENT A Page G-2.3

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Procedure #CC-21-004
Effective 6/08/2021
Resolution No. 6631
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has eight active Commissions and Committees. The active advisory bodies are: Community Engagement and Outreach Committee, Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

Seven of the eight commissions and committees listed above are advisory in nature. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.12) and State statute (Government Code 65100 et seq., 65300-65401).

The City has an adopted Anti-Harassment and Non-Discrimination Policy (CC-95-001), and a Travel and Expense Policy (CC-91-002), which are also applicable to all advisory bodies.

Policies and Procedures
Relationship to City Council, staff and media
 Upon referral by the City Council, the commission/committee shall study referred matters and return their recommendations and advise to the City Council. With each such referral, the City Council may authorize the City staff to provide certain designated services to aid in the study.  Upon its own initiative, the commission/committee shall identify and raise issues to the City Council’s attention and from time to time explore pertinent matters and make recommendations to the City Council.  At a request of a member of the public, the commission/committee may consider appeals from City actions or inactions in pertinent areas and, if deemed appropriate, report and make recommendations to the City Council.
 Each commission/committee is required to develop an annual work plan which will be the foundation for the work performed by the advisory body in support of City Council annual work plan. The plan, once finalized by a majority of the commission/committee, will be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. The proposed work plan must align with the City Council’s adopted work plan. When modified, the work plan must be taken to the City Council for approval. The Planning Commission is exempt from this requirement as its functions are governed by the Menlo Park municipal code (Chapter 2.12) and State law (Government Code 65100 et seq, 65300-65401).  Commissions and committees shall not become involved in the administrative or operational matters of City departments. Members may not direct staff to initiate major programs, conduct large studies or establish department policy. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services ATTACHMENT B Page G-2.4

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 2
Effective 6/08/2021
Resolution No. 6631
of a general staff nature. Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.  Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that his or her statements do not represent the position of the City Council.
 Commission/Committee members will have mandatory training every two years regarding the Brown Act and parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

City Councilmembers should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committee, City Councilmembers are to reflect the views of the City Council as a body. Being a commission/committee liaison bestows no special right with respect to commission/committee business.

Typically, assignments to commission/committee liaison positons are made at the beginning of a City Council term in December. The Mayor will ask City Councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the various committees, boards, and commissions which City Councilmembers will represent as a liaison. In the rare instance where more than one City Councilmember wishes to be the appointed liaison to a particular commission, a vote of the City Council will be taken to confirm appointments.

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the City Clerk’s Office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the City Clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.

Page G-2.5

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 3
Effective 6/08/2021
Resolution No. 6631

 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.
 Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Commission/Committee Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

City Council referrals
The City Clerk shall transmit to the designated staff liaison all referrals and requests from the City Council for advice and recommendations. The commissions/committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments.

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that he or she is speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate.

Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

Disbanding of advisory body
Upon recommendation by the Chair or appropriate staff, any standing or special advisory body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council.

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and Page G-2.6

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 4
Effective 6/08/2021
Resolution No. 6631

minutes shall be provided to the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested.
 Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

2. Conduct and parliamentary procedures
 Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert’s Rules of Order.
 A majority of commission/committee members shall constitute a quorum and a quorum must be seated before official action is taken.
 The chair of each commission/committee shall preside at all meetings and the vice chair shall assume the duties of the chair when the chair is absent.  The role of the commission/committee chair (according to Roberts Rules of Order): To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them; to assist in the expediting of business in every compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if s/he thinks it advisable; to restrain the members when engaged in debate, within the rules of order, to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly; to inform the assembly when necessary, or when referred to for the purpose, on a point of order to practice pertinent to pending business; to authenticate by his/her signature, when necessary, all the acts, orders, and proceedings of the assembly declaring it will and in all things obeying its commands.

3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.
 The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.  All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

4. Meeting locations and dates
 Meetings shall be held in designated City facilities, as noticed.  All commissions/committees with the exception of the Community Engagement and Outreach Committee, Planning Commission, and Finance and Audit Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month, the Community Engagement and Outreach Committee shall hold meetings as need, and the Finance and Audit Committee shall hold quarterly meetings.
 Monthly regular meetings shall have a fixed date and time established by the commission/committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the commission/committee to conduct its meeting in a most efficient Page G-2.7

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 5
Effective 6/08/2021
Resolution No. 6631

and effective way as long as proper and adequate notification is provided to the City Council and made available to the public.

The schedule of Commission/Committee meetings is as follows:
 Community Engagement and Outreach Committee – as needed  Complete Streets Commission – Every second Wednesday at 7 p.m.  Environmental Quality Commission – Every third Wednesday at 6:00 p.m.  Finance and Audit Committee – Third Wednesday of every quarter at 5:30 p.m.,  Housing Commission – Every first Wednesday at 6:30 p.m.  Library Commission – Every third Monday at 6:30 p.m.
 Parks and Recreation Commission – Every fourth Wednesday at 6:30 p.m.  Planning Commission – Twice a month at 7 p.m.

Each commission/committee may establish other operational policies subject to the approval of the City Council. Any changes to the established policies and procedures shall be subject to the approval of the City Council.

5. Off-premises meeting participation
While technology allows commission/committee members to participate in meetings from a location other than the meeting location (referred to as “off-premises”), off-premises participation is discouraged given the logistics required to ensure compliance with the Brown Act and experience with technological failures disrupting the meeting. In the event that a commission/committee member believes that his or her participation is essential to a meeting, the following shall apply:
 Any commission/committee member intending to participate from an off-premise location shall inform the staff liaison at least two weeks in advance of the meeting.  The off-premise location must be identified in the notice and agenda of the meeting.  Agendas must be posted at the off-premise location.
 The off-premise location must be accessible to the public and be ADA compliant.  The commission/committee member participating at a duly noticed off-premises location does not count toward the quorum necessary to convene a meeting of the commission/committee.  For any one meeting, no more than one commission/committee member may participate from an off-premise location.
 All votes must be by roll call.

6. Selection of chair and vice chair
 The chair and vice chair shall be selected in May of each year by a majority of the members and shall serve for one year or until their successors are selected.  Each commission/committee shall annually rotate its chair and vice chair.

G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the City Clerk or his/her designee.
 Appointments made during the middle of the term are for the unexpired portion of that term.

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 6
Effective 6/08/2021
Resolution No. 6631
Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs.

If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the City Clerk’s office and on the City’s website.  The City Clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline. Applications sent by email are accepted; however, the form submitted must be signed.
 After the deadline of receipt of applications, the City Clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the City Clerk will extend the application period for an indefinite period of time until sufficient applications are received.
 Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the City Clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted open to the public.

Nominations will be made and a vote will be called for each nomination in the order received.

Applicants receiving the highest number of affirmative votes from a majority of the City Council present shall be appointed. The number of votes for each City Councilmember is limited to the number of vacancies.
 Following a City Council appointment, the City Clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.  An orientation will be scheduled by the City Clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

Attendance
 An Attendance Policy (CC-91-001), shall apply to all advisory bodies. Provisions of this policy are listed below.
 A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members.
 Absences, which result in attendance at less than two-thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the City Council.
 Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence.  While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that he/she will be absent.  When reviewing commissioners for reappointment, overall attendance at full commission meetings will be given significant consideration.

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 7
Effective 6/08/2021
Resolution No. 6631

Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-91-002).

Conflict of interest and disclosure requirements
 A Conflict of Interest Code has been updated and adopted by the City Council and the Community Development Agency pursuant to Government Code §87300 et seq. Copies of this Code are filed with the City Clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Planning Commission are required to file a Statement of Economic Interest with the City Clerk to disclose personal interest in investments, real property and income. This is done within 30 days of appointment and annually thereafter. A statement is also required within 30 days after leaving office.  If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. Questions in this regard may be directed to the City Attorney.
 In accordance with Resolution No. 6622, current and future members of the Community Engagement and Outreach Committee, Complete Streets Commission, and Housing Commission, are required to report any and all real property in Menlo Park for impacting land use, real property, and the housing element.

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office. However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee with the exception of:
 Community Engagement and Outreach Committee – fourteen (14) members  Complete Streets Commission – nine (9) members
 Finance and Audit Committee – five (5) members
 Housing Commission – seven (7) members
 Library Commission – eleven (11) members
Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the City Clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).
 Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 8
Effective 6/08/2021
Resolution No. 6631
Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years. The Community Engagement and Outreach Committee term is for eighteen (18) months.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.  Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.
 If a member resigns before the end of his/her term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are listed on the City Council agenda and posted by the City Clerk in the City Council Chambers bulletin board and on the city website.
 Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).  On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the City Clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

Roles and Responsibilities
Community Engagement and Outreach Committee
The Housing Element Community Engagement and Outreach Committee (CEOC) assists the City in ensuring a broad and inclusive community outreach and engagement process. Committee members help guide and provide feedback on the types and frequency of activities/events/meetings and the strategies and methods for communicating with the various stakeholders in the community.

Roles and responsibilities:
 Serve as an ambassador of the project and encourage people to participate in the process  Help guide and provide feedback on the community engagement plan  Serve as a community resource to provide information to and receive input from the community on matters related to community engagement and public outreach Complete Streets Commission
The Complete Streets Commission is charged primarily with advising the City Council on multi-modal transportation issues according to the goals and policies of the City’s general plan. This includes strategies to encourage safe travel, improve accessibility, and maintaining a functional and efficient transportation network for all modes and persons traveling within and around the City. The Complete Streets Commission's responsibilities would include:
 Coordination of multi-modal (motor vehicle, bicycle, transit and pedestrian) transportation facilities  Advising City Council on ways to encourage vehicle, multi-modal, pedestrian and bicycle safety and accessibility for the City supporting the goals of the General Plan  Coordination on providing a citywide safe routes to school plan  Coordination with regional transportation systems
 Establishing parking restrictions and requirements according to Municipal Code sections 11.24.026 through 11.24.028
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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 9
Effective 6/08/2021
Resolution No. 6631

Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
The Finance and Audit Committee is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City
 Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Members serve with staff on a loan review committee for housing rehabilitation programs and a first time homebuyer loan program
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan  The five most senior members of the Housing Commission also serve as the members of the Relocation Appeals Board (City Resolution 4290, adopted June 25, 1991).

Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
 The scope and degree of library activities
 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-21-004 10
Effective 6/08/2021
Resolution No. 6631
Parks and Recreation Commission
The Parks and Recreation Commission is charged primarily with advising the City Council on matters related to City programs and facilities dedicated to recreation. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.
 The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.
 The Commission works on special projects as assigned by the City Council.

Special Advisory Bodies
The City Council has the authority to create standing committees, task forces or subcommittees for the City, and from time to time, the City Council may appoint members to these groups. The number of persons and the individual appointee serving on each group may be changed at any time by the City Council. There are no designated terms for members of these groups; members are appointed by and serve at the pleasure of the City Council.

Any requests of city commissions or committees to create such ad hoc advisory bodies shall be submitted in writing to the City Clerk for City Council consideration and approval.

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
Procedure adoption 6/8/2021 Resolution No. 6631
Page G-2.13
Administration Services Department
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-025-CC
Consent Calendar: Receive the annual comprehensive financial report for the fiscal year ended June 30, 2021
Recommendation
Staff recommends City Council receive, review and file the annual comprehensive financial report (ACFR) for the fiscal year ended June 30, 2021.

Policy Issues
The City is required to issue audited financial statements by independent auditors on an annual basis.

Management is responsible for preparing the annual financial statements which are subsequently audited by an independent auditor which reports to the City Council. This package of reports fully transmits the documents required by California State law, bond covenants, granting agencies and generally accepted accounting principles.

Background
The City contracted with the firm Lance, Soll & Lungard, LLP (Certified Public Accountants) in 2019 to perform an audit of their financial records and render an opinion in accordance with auditing standards generally accepted in the US. LSL contract covers a three-year engagement with this being their final year. The goal of a financial statement audit is to provide reasonable assurance from an independent source that the information presented in the statements is reliable. Last year’s ACFR received the distinguished Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) program, and staff feels confident this year’s report will meet these standards. To receive this award, a government must publish an easily readable and efficiently organized ACFR that satisfies both Governmental Accounting Standards Board (GASB) 34 and applicable legal requirements.

Analysis
Considering impacts of the novel coronavirus and its mutation (Delta variant) during the fiscal year 2020- 2021, the City of Menlo Park presents in good financial position. The City’s government-wide net position, as of June 30, 2021, is $501.76 million, up 0.3 percent when compared to the prior year. The general fund’s expenditures and transfers-out exceeded revenue and transfers-in by $3.44 million. Our transient occupancy tax (TOT) and the community services activities were the most affected. As of June 30, 2021, the general fund balance is $38,220,366 of which $4,800,628 is unassigned. Breakdown of this fund balance is located on page 77. Detailed analysis of the City’s financial position is included in the ACFR (Attachment A), specifically, in the management discussion and analysis (MD&A) beginning on Page 5.

Based on their annual independent audit, the auditor rendered an unmodified “clean” opinion, on the City’s AGENDA ITEM G-3 Page G-3.1
Staff Report #: 22-025-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org financial statements for the fiscal year ended June 30, 2021. In their opinion, “the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City.” The auditors are also required to issue a report on internal controls for the City. In their report on internal controls beginning on page one of the Independent auditor’s report (Attachment B,) the Auditor found that the City has three material weaknesses and one significant deficiencies in internal controls that could have a material impact on the accuracy of the financial statements. • A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. • A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

These deficiencies were mainly caused by untimely conversion of the City’s financial system coupled with decreased staff resources. Management provided a response to the findings in this report. The report on internal control is included in the independent auditor’s report (Attachment B,), along with Measure A Transportation Fund, Measure W Transportation Fund, and Belle Haven Child Development Center reports (Attachments C-E, respectively.)
An entity is required to have a single audit when it expends $750,000 or more in Federal grants. During the fiscal year ended June 30, 2021, the City expended approximately 1.32 million in Federal funds. A separate Single Audit report will be presented to the City Council, and Finance and Audit Committee (FAC) in Spring 2022. This report is normally due March 31, 2022 but has been extended to September 30, 2022.

FAC review
Due to time constraints and availability of members we were unable to hold a meeting prior to the City Council meeting, so no review of the ACFR for fiscal year ending June 30, 2021 was provided by the FAC.

However, staff and the auditors feel this report complies with all applicable laws and auditing standards.

Impact on City Resources
The independent auditing services is a covered expense within the City’s fiscal year 2020-21 approved budget.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Page G-3.2
Staff Report #: 22-025-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Hyperlink – City of Menlo Park, California ACFR for the fiscal year ended June 30, 2021:
beta.menlopark.org/financialreport
B. Independent auditor’s report on internal controls for the year ended June 30, 2021 C. Measure A Transportation Fund report for the year ended June 30, 2021 D. Measure W Transportation Fund report for the year ended June 30, 2021 E. Belle Haven Child Development Center report for the year ended June 30, 2021 Report prepared by:

Patricia Barboza, Interim Finance and Budget Manager
Report reviewed by:

Marvin Davis, Interim Finance Director
Theresa DellaSanta, Interim Administrative Services Director Page G-3.3
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL

OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Menlo Park California, (the City) as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated ___________, 2021.

Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, we identified certain deficiencies in internal control that we consider to be material weaknesses and significant deficiencies.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. We consider the following deficiencies reported on the schedule of findings and questioned costs to be material weaknesses:
2021-01 through 2021-03.

A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the following deficiencies, described on the accompanying schedule of findings and questioned costs, to be significant deficiencies: 2021-04.
.

ATTACHMENT B Page G-3.4
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California
A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the following deficiencies, described on the accompanying schedule of findings and questioned costs, to be significant deficiencies: 2021-04.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed the following instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. These items are described as findings 2021-1 through 2021-04 on the accompanying schedule of findings and questioned costs.

City’s Response to Findings
The City’s response to the findings identified in our audit was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Sacramento, California
_____________, 2021
Page G-3.5
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Accounts Payable Accrual
Reference Number: 2021-001
Evaluation of Finding:

Material Weakness
Condition:

The City did not accrue a check relating to services performed in fiscal year 2020-2021 as of June 30, 2021.

Criteria:

The City should ensure that all payables are accrued in the proper fiscal year.

Cause of Condition:

The cause of this condition resulted from time constraints on the review process of the year end journal entries.

Effect or Potential Effect of Condition:

The misstatement resulted in understated expenditures and accounts payable at year end.

Recommendation:

LSL recommends that the City perform a thorough review over the AP accrual, beyond the City’s AP cutoff period to ensure any late invoices are properly accrued, if necessary.

Management’s Response and Corrective Action:

In fiscal year 2020-21, the City implemented a new financial software – OpenGov parallel with the old Cayenta financial system. The conversion started in March 2021 which conflicts with the year-end and audit preparation. Two of the Accountants (City only have 3 accountant positions) were assigned on the system conversion and installation, which took away their times to focus on the year-end closing and audit preparation. The system conversion to the new financial software should have been done after the audit preparation is completed. Due to the staffing changes and the vacancy of the Finance and Budget Manager position, staff assigned to the audit were not able to review the entire Accounts Payable schedule prior to the scheduled audit field work.

In the future, City staff will make sure that a thorough review of the Accounts Payable accrual, beyond the City’s cutoff period will be properly accrued.

Recognition of land held for resale
Reference Number: 2021-002
Evaluation of Finding:

Material Weakness
Condition:

The City expensed land held for resale in the trial balance provided for the audit. Because of audit inquiries LSL became aware that the city bought land held for resale. This purchase was verified against council minutes.

Criteria:

Page G-3.6
The City of Menlo Park should not expense purchases of land held for resale.

Cause of Condition:

Improper review of financial transactions for classification and rights to assets.

Effect or Potential Effect of Condition:

The unremedied condition would have overstated expenses and understated assets by $440,284 Recommendation:

The City should review all real estate transactions for proper classification in the financial records.

Page G-3.7
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California
Management’s Response and Corrective Action:

It was an overlooked from city’s part due to short staff.

In the future, fixed assets will be reconciled and reviewed for proper classifications in the general ledger and financial records.

Bank reconciliation process
Reference Number: 2021-003
Evaluation of Finding:

Material Weakness
Condition:

We received various correcting Bank reconciliations. The City of Menlo Park should be reviewing and completing bank reconciliations before the start of audit fieldwork.

Criteria:

The timeliness of bank reconciliations is important for the financial management of the City of Menlo Park.

The reconciliation needs to be performed in an accurate and timely manner .

Cause of Condition:

Improper review of the bank reconciliation process and lack of oversight into the review process.

Effect or Potential Effect of Condition:

Without timely and accurate bank reconciliations, the City is hindered in financial management.

Recommendation:

The City of Menlo Park should implement changes to the bank reconciliation process to ensure they are completed accurately and timely.

Management’s Response and Corrective Action:

In fiscal year 2020-21, the Accountant II position was assigned to focus on the system conversion of the new accounting system. The bank reconciliation preparation has left behind and also the review process due to staffing changes. Only one staff and a consultant were provided to focus on the year end and audit preparation.

In the future the City will ensure they are completed accurately and timely. OpenGov has a bank reconciliation function that will be used to process the bank reconciliation monthly.

Correcting Journal Entries
Reference Number: 2021-004
Evaluation of Finding:

Significant Deficiency
Condition:

Page G-3.8
During the course of the audit, the City of Menlo provided over a dozen correcting journal entries. These ranged from closing entries that were improperly not included in the financial records provided for the audit to corrections of material errors.

Criteria:

The City of Menlo Park should ensure that the general ledger and other financial records are complete, accurate and reviewed in a timely manner.

Cause of Condition:

Due to staffing changes at the City of Menlo Park, there are areas which are not being properly reviewed for completeness and accuracy.

Page G-3.9
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California
Effect or Potential Effect of Condition:

The potential effect of the City of Menlo Park not posting journal entries varies by journal entry, but the management of the City should strive to ensure the accuracy and completeness of the financial information.

Recommendation:

The City of Menlo Park should review the year-end close process and update with improved procedures that will help ensure the accuracy and completeness of the information under audit.

Management’s Response and Corrective Action:

As mentioned earlier, the system conversion should have been scheduled after the audit preparation, so staff can focus on the year end closing and audit preparation. Staffing changes during this period affected staff deadlines. Staff focus were diverted to system conversion that several journal entries were not finished or prepared prior to the scheduled audit field work.

City will ensure that the general ledger and other financial records are completed, accurate and reviewed in a timely manner.

Page G-3.10

CITY OF MENLO PARK, CALFORNIA

MEASURE A TRANSPORTATION FUND
FOR THE YEAR ENDED JUNE 30, 2021
INDEPENDENT ACCOUNTANTS’

REPORT ON SCHEDULE OF RECEIPTS

AND DISBURSEMENTS
ATTACHMENT C Page G-3.11
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CITY OF MENLO PARK

MEASURE A TRANSPORTATION FUND

INDEPENDENT ACCOUNTANTS'

REPORT ON SCHEDULE OF

RECEIPTS AND DISBURSEMENTS
FOR FISCAL YEAR ENDED JUNE 30, 2021

TABLE OF CONTENTS
Page
Independent Accountants’ Report ........................................................................................................... 1 Schedule of Receipts and Disbursements .............................................................................................. 4 Management Report on Compliance with the Agreement for Distribution of San Mateo County ........... 5 Measure A Funds for Local Transportation Purposes
Page G-3.13

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CITY OF MENLO PARK MEASURE A TRANSPORTATION FUND

SCHEDULE OF RECEIPTS AND DISBURSEMENTS
FOR THE YEAR ENDED JUNE 30, 2021
Receipts:

Sales and Use Taxes $ 944,817
Interest Income (4,055)
Total receipts $ 940,762
Disbursements:

Multi-modal management $ 120
Streets 262,799
Transportation demand management program 419,769
Total disbursements $ 682,688
Receipts over disbursements $ 258,074
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3 Page G-3.24

CITY OF MENLO PARK MEASURE W TRANSPORTATION FUND

SCHEDULE OF RECEIPTS AND DISBURSEMENTS
FOR THE YEAR ENDED JUNE 30, 2021
Receipts:

Other Governmental $ 351,621
Interest Income 10,447
Total receipts $ 362,068
Disbursements:

Streets $ 113,360
Total disbursements $ 113,360
Receipts over disbursements $ 248,708
4 Page G-3.25
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Administrative Services
January 3, 2022
San Mateo County Transportation Authority
120 San Carlos Avenue
San Carlos, CA 94070
Empty
RE: Management’s Report on Compliance with the Agreement for Distribution of San Mateo County Measure W
Empty
San Mateo County Transportation Authority,
The City of Menlo Park (the “City”) is responsible for complying with the Agreement for Distribution of San Mateo County Measure W Funds for Local Transportation Purposes (the “Agreement”) between the City and the San Mateo County Transportation Authority entered into on October 7, 2019. The Agreement states that in return for receiving an annual allocation of a specified portion of the retail transactions and use tax approved by Measure W (the “Measure”), the City will use Measure W funds to supplement current public transportation investments and will invest W funds with guidance from the Congestion Relief Plan (Core Principles).

With respect to compliance with the Agreement, management attests to the following for the year ended June 30, 2021:
x Management is responsible for establishing and maintaining effective internal controls with respect to compliance with the Agreement; x Management is responsible for complying with the Agreement; x Management has evaluated the City’s compliance with requirements of the Agreement; and
x All transactions, as summarized in the attached Schedule of Receipts and Distributions for the fiscal year ended June 30, 2021, are in compliance with the Agreement.

Sincerely,
Starla Jerome-Robinson
City Manager
5 Page G-3.26

CITY OF MENLO PARK, CALFORNIA

BELLE HAVEN CHILD DEVELOPMENT CENTER
FOR THE YEAR ENDED JUNE 30, 2021 FINANCIAL STATEMENTS
ATTACHMENT E Page G-3.27
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Page G-3.28
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CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

GENERAL INFORMATION
YEAR ENDED JUNE 30, 2021
Name of Agency
City of Menlo Park
Belle Haven Child Development Center
410 Ivy Drive
Menlo Park, California
(650) 330-2270
Program Numbers
41-2184-00-23254-0
41-2184-00-13609-0
41-2184-00-23038-0
41-2184-00-15136-0
Type of Agency
Public Agency of the City of Menlo Park
Director of Community Services
Sean Reinhart
Assistant City Manager & Administrative/Finance/Budget Director Nick Pegueros
City Manager
Starla Jerome-Robinson
Period Covered
The Fiscal Year Ended June 30, 2021
Days of Operation
244
Hours of Operation
7:30AM to 5:30 PM
i Page G-3.30

Lance, Soll & Lunghard, LLP 2151 River Plaza Dr., Suite 150 Sacramento ,CA95833 Phone: 916.503.9691 INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
Report on the Financial Statements
Opinions
We have audited the accompanying financial statements of the City of Menlo Park (City) Belle Haven Child Development Center (Child Development Center) as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Child Development Center’s basic financial statements as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Child Development Center, as of June 30, 2021, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and the Child Development Center and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Child Development Center’s ability to continue as a going concern for twelve months beyond the date of the financial statements.

Page G-3.31
To the Honorable Mayor and Members of the City Council
Belle Haven Development Center
City of Menlo Park, California
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with the GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Child Development Center’s internal control. Accordingly, no such opinion is expressed.
 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Child Development Center’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Other Reporting Responsibilities
Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.

Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements of the Child Development Center. The accompanying supplementary information, as listed in the table of contents, is presented for purposes of additional analysis and are not a required part of the basic financial statements.

Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying 2 Page G-3.32
accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the supplementary information, as listed in the table of contents, is fairly stated, in all material respects in relation to the basic financial statements as a whole.

Other Information
As discussed in Note 1, the financial statements of the Child Development Center are intended to present the financial position and the changes in financial position of only that portion of the Child Development Fund’s information of the City of Menlo Park (City) that is attributable to the transactions of the Child Development Center. They do not purport to, and do not, present fairly the financial position of the City as of June 30, 2020, and the changes in its financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 15, 2021 on our consideration of the Child Development Center’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Center’s internal control over financial reporting and compliance.

Sacramento, California
December 15, 2021
3 Page G-3.33

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

BALANCE SHEET
JUNE 30, 2021
ASSETS
State support receivable - child development $ 221,108
Total Assets $ 221,108

LIABILITIES, DEFERRED INFLOWS OF RESOURCES,

AND FUND BALANCES
Liabilities:

Due to the City $ 221,108
Total Liabilities 221,108
Deferred Inflows of Resources
Unavailable revenue 221,108
Total Deferred Inflows of Resources 221,108
Fund Balance:

Unassigned (221,108)
Total Fund Balance (221,108)
Total Liabilities, Deferred Inflows of
Resources, and Fund Balances $ 221,108
See Notes to Financial Statements.
4 Page G-3.34

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

STATEMENT OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE
FOR THE YEAR ENDED JUNE 30, 2021
Revenues:

Federal Support
Food service $ 43,950
State Support
Child development 1,054,142
Parent fees
Title I Children 26,526
Non Certified 50,364
Local grants and other miscellaneous revenues 117,723
Total Revenues 1,292,705
Expenditures:

Salaries
Certified teachers 360,702
Institutional aides 452,940
Employee benefits 453,830
Food services 72,124
Instructional materials and supplies 73,700
Utilities 23,732
Miscellaneous operating expense 3,635
Professional services 16,472
Total Expenditures 1,457,135
Revenues Over/(Under) Expenditures (164,430)
Other Financing Sources (Uses):

Contributions from General Fund 56,030
Total Other Financing Sources (Uses) 56,030
Net change in fund balances (108,400)
Fund Balance:

Beginning of Year (112,708)
End of Year $ (221,108)
See Notes to Financial Statements.
5 Page G-3.35

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2021
Note 1: Summary of Significant Accounting Policies
a. Reporting Entity
The accompanying financial statements of the City of Menlo Park (City) Belle Haven Child Development Center (Child Development Center) include the financial activities of the City’s preschool age childcare center. The financial operations of the Center are accounted for in the General Fund of the City.

The accompanying financial statements are not intended to present the financial position or results of operations of the City.
b. Basis of Accounting
The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. All governmental funds are accounted for using a current financial resources measurement focus, wherein only current assets and current liabilities generally are included on the balance sheet. Operating statements of governmental funds present increases (revenues and other financing sources) and decreasing (expenditures and other financing uses) in net current assets.

The Child Development Center’s financial activities are accounted for using the modified accrual basis of accounting wherein revenues are recognized in the accounting period in which they become measurable and available to pay liabilities of the current period.

Revenues considered susceptible to accrual include charges for services, federal and state grants and interest. Expenditures are recognized in the accounting period in which the liability is incurred, if measurable.

Note 2: Cash and Investments
There were no cash and investments at June 30, 2021. Any excess cash received during the fiscal year was retained by the City. The Center does not own specifically identifiable securities.

Note 3: Child Development Contracts
The Child Development Center contracts with the California State Department of Education to conduct a child development program. Program reimbursement is the lesser of allowable costs incurred and a maximum funding amount, which is based on average daily enrollment and days of operation. For the year ended June 30, 2021, the Center earned $1,162,542 (excluding $26,526 of prescribed parent fees) of the maximum reimbursable amount of $1,162,542.

The Program had the following grant expenditures and corresponding grant receipts for the fiscal year ending June 30, 2021:

Contract
Number
Award
Amount
Grant
Expenditures
Grant
Revenue
Received
Amount Due
From/(To)
State
State Grants
State Preschool CSPP-0528 1,162,542 $ 1,162,542 $ 1,054,142 $ $ 108,400 Federal Grants
Child Development CSPP-0528 43,950 43,950 43,950 -
Total Grants $ 1,206,492 $ 1,206,492 $ 1,098,092 $ 108,400 6 Page G-3.36

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 2021
Note 4: Food Service Contract
Under a separate contract, the California State Department of Education provided cost reimbursement support for food services. The following is an analysis of the support of the food service program and receivable of the year ended June 30, 2021.

Cash
Received
During Year
Current Year
Receivable Total Revenue
Federal Food and Nutrition Service:

July 2020- June 2021 43,950 $ - $ 43,950 $
Total: $ 43,950 $ 43,950 - $
Note 5: Schedule of State and Federal Awards
Note 6: Schedule of Administrative Costs
For the fiscal year ended June 30, 2021, the City charged $1,500 of administrative costs for audit services to the program. The other administrative costs were funded by the General Fund and therefore, were not charged to the program.

Note 7: Contributed Space
The City provides the facility space at no cost to the Child Development Center.

Federal
CFDA Grantor's
Grantor Number Number Federal State Total Federal State Total U.S. Department of Agriculture
Passed through California
Department of Education
After School Snack Program 10.558 N/A 2,199 $ - $ 2,199 $ 2,199 $ - $ 2,199 $ Child Care Meals Program 10.558 N/A 41,751 - 41,751 41,751 - 41,751 $ - 43,950 $ 43,950 $ 43,950 $ - $ 43,950 $
U.S. Department of Health and Human Services
Passed through California
Department of Education
Child Development Program N/A CSPP-0528 - 1,162,542 1,162,542 - 1,162,542 1,162,542 1,162,542 - 1,162,542 - 1,162,542 1,162,542
Total State and Federal $ 1,162,542 43,950 $ 1,206,492 $ 43,950 $ 1,162,542 $ 1,206,492 $ Award Amount Expenditures
7 Page G-3.37

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

NOTES TO FINANCIAL STATEMENTS (CONTINUED)
YEAR ENDED JUNE 30, 2021
Note 8: Contribution from the General Fund
Amounts shown as contributions from the General Fund reflect the annual amount of General Fund contributions to the program and are not required to be paid back. The amount of current year City contributions was $56,030.

Note 9: Contingencies and Commitments
Grants – The Child Development Center participates in a number of Federal and State programs that are fully or partially funded by grants received from other governmental units.

Expenditures financed by grants are subject to audit by the appropriate grantor government. If expenditures are disallowed due to a noncompliance with grantor program regulations, the Child Development Center may be required to reimburse the grantor government. As of June 30, 2021, some amounts of grant expenditures have not been audited, but the Child Development Center believes that disallowed expenditures, if any, based on subsequent audits will not have a material effect on the Child Development Center.

COVID-19 National Health Emergency – On March 15, 2020, the Child Development Center’s operations were impacted by the COVID-19 national health emergency which resulted in shelter in place orders by national, state and county health departments. Once reopened, the Child Development Center implemented customer and staff safety procedures based on recommendations from the health departments and industry specialists. The Child Development Center’s operations were impacted due to the operations requiring in-person attendance, and therefore could no longer take place once the emergency orders became effective. The Child Development Center’s revenue has been significantly impacted by the health emergency. The Child Development Center continues to evaluate the impact of this health emergency on the Child Development Center’s operations. 8 Page G-3.38
California Department of Education Audited Attendance and Fiscal Report for California State Preschool Programs
Early Childhood Mental Health Consultation Services
A U D 8501MHCS Page 1 of 12
Fiscal Year Ending
Contract Number
Vendor Code
Full Name of Contractor
Section 1 - Days of Enrollment Certified Children in Classrooms with Mental Health Consultation Services Recipient(s) Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Three Years and Older Full-time-plus
Three Years and Older Full-time
Three Years and Older Three-quarters-time
Three Years and Older One-half-time
Exceptional Needs Full-time-plus
Exceptional Needs Full-time
Exceptional Needs Three-quarters-time
Exceptional Needs One-half-time
Limited and Non-English Proficient Full-time-plus
Limited and Non-English Proficient Full-time
Limited and Non-English Proficient Three-quarters-time
Limited and Non-English Proficient One-half-time
Audit Report Page
June 30, 2021
CSPP0528
2184
City of Menlo Park Belle Haven Child Development Center

1.2300 0
387 118 505 1.0500 530.25

0.8000 0
65 28 93 0.6693 62.2449

1.8672 0
821 275 1,096 1.5900 1,742.64

1.2050 0
27 27 1.0037 27.0999

1.3480 0
7,158 2,350 9,508 1.1500 10,934.2
56 56 0.8750 49

0.6693 0
1 9 Page G-3.39
A U D 8501MHCS Page 2 of 12 Contract Number
Full Name of Contractor
Section 1 - Days of Enrollment Certified Children in Classrooms with Mental Health Consultation Services Recipient(s) (continued) Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
At Risk of Abuse or Neglect Full-time-plus
At Risk of Abuse or Neglect Full-time
At Risk of Abuse or Neglect Three-quarters-time
At Risk of Abuse or Neglect One-half-time
Severely Disabled Full-time-plus
Severely Disabled Full-time
Severely Disabled Three-quarters-time
Severely Disabled One-half-time

TOTAL CERTIFIED DAYS OF ENROLLMENT

WITH MENTAL HEALTH CONSULTATION SERVICES RECIPIENT(S)

DAYS OF OPERATION

DAYS OF ATTENDANCE
NO MENTAL HEALTH CONSULTATION SERVICES RECIPIENT NON-CERTIFIED CHILDREN Check this box (omit pages 3 and 4) and continue to Certified Children Section on page 5.

Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

1.3480 0

1.1500 0

0.8750 0

0.6693 0

2.3274 0

1.9800 0

1.4975 0

1.2452 0
8,487 2,798 11,285 N/A 13,345.4348
181 63 244 N/A N/A
7,210 2,586 9,796 N/A N/A
2 10 Page G-3.40
A U D 8501MHCS Page 3 of 12 Contract Number
Full Name of Contractor
Section 2 - Days of Enrollment Non-Certified Children in Classrooms with Mental Health Consultation Services Recipient(s) Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Toddlers (18 up to 36 months) Full-time-plus
Toddlers (18 up to 36 months) Full-time
Toddlers (18 up to 36 months) Three-quarters-time
Toddlers (18 up to 36 months) One-half-time
Three Years and Older Full-time-plus
Three Years and Older Full-time
Three Years and Older Three-quarters-time
Three Years and Older One-half-time
Exceptional Needs Full-time-plus
Exceptional Needs Full-time
Exceptional Needs Three-quarters-time
Exceptional Needs One-half-time
Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

2.1740 0

1.8500 0

1.4000 0

1.0400 0

1.2300 0

1.0500 0

0.8000 0

0.6693 0

1.8672 0

1.5900 0

1.2050 0

1.0037 0
3 11 Page G-3.41
A U D 8501MHCS Page 4 of 12 Contract Number
Full Name of Contractor
Section 2 - Days of Enrollment Non-Certified Children in Classrooms with Mental Health Consultation Services Recipient(s) (continued)
Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Limited and Non-English Proficient Full-time-plus
Limited and Non-English Proficient Full-time
Limited and Non-English Proficient Three-quarters-time
Limited and Non-English Proficient One-half-time
At Risk of Abuse or Neglect Full-time-plus
At Risk of Abuse or Neglect Full-time
At Risk of Abuse or Neglect Three-quarters-time
At Risk of Abuse or Neglect One-half-time
Severely Disabled Full-time-plus 2.3274
Severely Disabled Full-time 1.9800
Severely Disabled Three-quarters-time 1.4975
Severely Disabled One-half-time 1.2452

TOTAL NON-CERTIFIED DAYS OF ENROLLMENT

WITH MENTAL HEALTH CONSULTATION SERVICES RECIPIENT(S) N/A Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

1.3480 0
720 299 1,019 1.1500 1,171.85

0.8750 0

0.6693 0

1.3480 0

1.1500 0

0.8750 0

0.6693 0
0 0
0 0
720 299 1,019 1,171.85
4 12 Page G-3.42
A U D 8501MHCS Page 5 of 12 Contract Number
Full Name of Contractor
Section 3 - Days of Enrollment Certified Children
Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Three Years and Older Full-time-plus
Three Years and Older Full-time
Three Years and Older Three-quarters-time
Three Years and Older One-half-time
Exceptional Needs Full-time-plus
Exceptional Needs Full-time
Exceptional Needs Three-quarters-time
Exceptional Needs One-half-time
Limited and Non-English Proficient Full-time-plus
Limited and Non-English Proficient Full-time
Limited and Non-English Proficient Three-quarters-time
Limited and Non-English Proficient One-half-time
Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

1.1800 0

1.0000 0

0.7500 0

0.6193 0

1.8172 0

1.5400 0

1.1550 0

0.9537 0

1.2980 0

1.1000 0

0.8250 0

0.6193 0
5 13 Page G-3.43
A U D 8501MHCS Page 6 of 12 Contract Number
Full Name of Contractor
Section 3 - Days of Enrollment Certified Children (continued) Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
At Risk of Abuse or Neglect Full-time-plus
At Risk of Abuse or Neglect Full-time
At Risk of Abuse or Neglect Three-quarters-time
At Risk of Abuse or Neglect One-half-time
Severely Disabled Full-time-plus
Severely Disabled Full-time
Severely Disabled Three-quarters-time
Severely Disabled One-half-time

TOTAL DAYS OF ENROLLMENT

DAYS OF OPERATION

DAYS OF ATTENDANCE
NO NON-CERTIFIED CHILDREN Check this box (omit pages 7 and 8) and continue to Revenue Section on page 9.

Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

1.2980 0

1.1000 0

0.8250 0

0.6193 0

2.2774 0

1.9300 0

1.4475 0

1.1952 0
N/A 0
181 63 244 N/A N/A

N/A N/A
6 14 Page G-3.44
A U D 8501MHCS Page 7 of 12 Contract Number
Full Name of Contractor
Section 4 - Days of Enrollment Non-Certified Children
Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Toddlers (18 up to 36 months) Full-time-plus
Toddlers (18 up to 36 months) Full-time
Toddlers (18 up to 36 months) Three-quarters-time
Toddlers (18 up to 36 months) One-half-time
Three Years and Older Full-time-plus
Three Years and Older Full-time
Three Years and Older Three-quarters-time
Three Years and Older One-half-time
Exceptional Needs Full-time-plus
Exceptional Needs Full-time 1.5400
Exceptional Needs Three-quarters-time
Exceptional Needs One-half-time
Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

2.1240 0

1.8000 0

1.3500 0

0.9900 0

1.1800 0

1.0000 0

0.7500 0

0.6193 0

1.8172 0
0 1.1550 0

0.9537 0
7 15 Page G-3.45
A U D 8501MHCS Page 8 of 12 Contract Number
Full Name of Contractor
Section 4 - Days of Enrollment Non-Certified Children (continued) Enrollment Category
Column A
Cumulative
CDNFS
8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Limited and Non-English Proficient Full-time-plus
Limited and Non-English Proficient Full-time
Limited and Non-English Proficient Three-quarters-time
Limited and Non-English Proficient One-half-time
At Risk of Abuse or Neglect Full-time-plus
At Risk of Abuse or Neglect Full-time
At Risk of Abuse or Neglect Three-quarters-time
At Risk of Abuse or Neglect One-half-time
Severely Disabled Full-time-plus
Severely Disabled Full-time
Severely Disabled Three-quarters-time
Severely Disabled One-half-time

TOTAL NON-CERTIFIED DAYS OF ENROLLMENT
Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center

1.2980 0

1.1000 0

0.8250 0

0.6193 0

1.2980 0

1.1000 0

0.8250 0

0.6193 0

2.2774 0

1.9300 0

1.4475 0

1.1952 0
N/A 0
8 16 Page G-3.46
A U D 8501MHCS Page 9 of 12 Contract Number
Full Name of Contractor
Section 5 - Revenue
Revenue Category
Column A
Cumulative
CDNFS 8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Restricted Income - Child Nutrition Programs
Restricted Income - County Maintenance of Effort (EC Section 8279) Restricted Income - Other:

Restricted Income - Subtotal
Transfer from Reserve - General
Transfer from Reserve - Professional Development
Transfer from Reserve Total
Waived Family Fees for Certified Children (July - August) Family Fees Collected for Certified Children (September - June) Waived Family Fees for Certified Children (September - June) Family Fees (September - June) - Subtotal
Interest Earned on Child Development Apportionment Payments Unrestricted Income - Fees for Non-Certified Children
Unrestricted Income - Head Start
Unrestricted Income - Other:

TOTAL REVENUE
Comments:

Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center 36,426 7,524 43,950
26,091 -26,091 0
62,517 -18,567 43,950
2,307 2,307
24,881 1,645 26,526
1,556 1,556
26,437 1,645 28,082
45,610 4,754 50,364
City Contribution & Other Local Grants (See c 173,753 173,753 133,008 161,585 294,593
Sources of "Unrestricted Income - Other": Quality Rating and Improvement System (QRIS) Grant; Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act Grant; Child Care Coordinating Council of San Mateo County local grant; General Fund contributions.
9 17 Page G-3.47
A U D 8501MHCS Page 10 of 12 Contract Number
Full Name of Contractor
Section 6 - Reimbursable Expenses
Reimbursable Expenses Category
Column A
Cumulative
CDNFS 8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Direct Payments to Providers (FCCH only)
1000 Certificated Salaries
2000 Classified Salaries
3000 Employee Benefits
4000 Books and Supplies
5000 Services and Other Operating Expenses
6100/6200 Other Approved Capital Outlay
6400 New Equipment (program-related)
6500 Equipment Replacement (program-related)
Depreciation or Use Allowance
Start-up Expenses (service level exemption)
Budget Impasse Credit
Indirect Costs (include in Total Administrative Cost)
Non-Reimbursable (State use only)
Total Reimbursable Expenses
Total Administrative Cost (included in Section 6 above) Total Staff Training Cost (included in Section 6 above) Approved Indirect Cost Rate:

NO SUPPLEMENTAL REVENUE / EXPENSES Check this box and omit page 11.

Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center 360,702 360,702
452,940 452,940
453,830 453,830
86,697 59,127 145,824
21,136 -2,471 18,665
25,174 25,174
1,400,479 56,656 1,457,135
25,174 25,174

1.8%
10 18 Page G-3.48
A U D 8501MHCS Page 11 of 12 Contract Number
Full Name of Contractor
Section 7 - Supplemental Revenue
Supplemental Revenue Category
Column A
Cumulative
CDNFS 8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Enhancement Funding
Other:

Other:

Total Supplemental Revenue
Section 8 - Supplemental Expenses
Supplemental Expense Category
Column A
Cumulative
CDNFS 8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
1000 Certificated Salaries
2000 Classified Salaries
3000 Employee Benefits
4000 Books and Supplies
5000 Services and Other Operating Expenses
6000 Equipment / Capital Outlay
Depreciation or Use Allowance
Indirect Costs
Non-Reimbursable Supplemental Expenses
Total Supplemental Expenses
Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center QRIS Block Grants 29,616 -29,616 0
29,616 -29,616 0
11 19 Page G-3.49
A U D 8501MHCS Page 12 of 12 Contract Number
Full Name of Contractor
Section 9 - Summary
Summary Category
Column A
Cumulative
CDNFS 8501MHCS
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Total Certified Days of Enrollment (including MHCS)
Days of Operation
Days of Attendance (including MHCS)
Restricted Program Income
Transfer from Reserve
Family Fees for Certified Children (September - June)
Interest Earned on Apportionment Payments
Direct Payments to Providers
Start-up Expenses (service level exemption)
Total Reimbursable Expenses
Total Administrative Cost
Total Staff Training Cost
Total Certified Adjusted Days of Enrollment Total Non-Certified Adjusted Days of Enrollment Independent auditor's assurances on agency's compliance with the contract funding terms and conditions and program requirements of the California Department of Education, Early Learning and Care Division:

Eligibility, enrollment and attendance records are being maintained as required (select YES or NO from the drop-down box):

Reimbursable expenses claimed on page 10 are eligible for reimbursement, reasonable, necessary, and adequately supported (select YES or NO from the drop-down box):

Include any comments in the comments box on page 9. If necessary, attach additional sheets to explain adjustments.

Audit Report Page
CSPP0528
City of Menlo Park Belle Haven Child Development Center 8,487 2,798 11,285
181 63 244
7,210 2,586 9,796
62,517 -18,567 43,950
26,437 1,645 28,082
1,400,479 56,656 1,457,135
25,174 0 25,174
13,345.4348 1,171.85
Yes
Yes
12 20 Page G-3.50

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

STATEMENT OF EXPENDITURES BY STATE CATEGORIES
FOR THE YEAR ENDED JUNE 30, 2021
Reimbursable Non-Reimbursable
Expenditure Codes
Certified Salaries:
1000 Teacher's salaries 360,702 $ $ -
Classified Salaries:
2000 Salaries of instructional aides for direct teaching assistance 452,940 - Employee Benefits:
3000 Old age, survivors, disability and health insurance 453,830 - Books, Supplies, and Equipment Repayment:
4200 Instructional materials and supplies 16,415 -
4710 Food services 71,875 -
Contracted Services and Other Operating Expenses:
5500 Utilities 23,732 -
5100 Audit and miscellaneous services - -
5800 Miscellaneous 77,641 -
Total Expenditures $ 1,457,135 $ -
21 Page G-3.51

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

SCHEDULE OF REIMBURSABLE ADMINISTRATIVE COSTS
FOR THE YEAR ENDED JUNE 30, 2021
Reimbursable
Administrative Costs CSPP-0528
Salaries $ 23,674
Services and other operating expenses 1,500
Total $ 25,174
22 Page G-3.52

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

SCHEDULE OF RENOVATION AND REPAIR EXPENDITURES UTILIZING CONTRACT FUNDS FOR THE YEAR ENDED JUNE 30, 2021
Cost Item Cost Item Cost Item
$ None - $ None - $ None -
$10,000 Unit Cost
Without CCD Approval
Expenditures Over
Expenditures Under
$10,000 Unit Cost
Expenditures Over
With CCD Approval
$10,000 Unit Cost
23 Page G-3.53

CITY OF MENLO PARK

BELLE HAVEN CHILD DEVELOPMENT CENTER

SCHEDULE OF EQUIPMENT EXPENDITURES UTILIZING CONTRACT FUNDS FOR THE YEAR ENDED JUNE 30, 2021
Cost Item Cost Item Cost Item
$ - None $ - None $ - None
Expenditures Over Expenditures Over
Expenditures Under $7,500 Unit Cost $7,500 Unit Cost
$7,500 Unit Cost With CCD Approval Without CCD Approval 24 Page G-3.54

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement July 2020Breakfast
Full price/base rate 66 - 66 0.3200 20 $ 0.0000 - $ 0.0000 - $ Reduced price 84 - 84 1.5900 134 0.0000 - 0.0000 - Free 294 - 294 1.8900 556 0.0000 - 0.0000 - Lunch
Full price/base rate 65 - 65 0.3300 21 0.0000 - 0.2375 15 Reduced price 85 - 85 3.1100 264 0.0000 - 0.2375 20 Free 296 - 296 3.5100 1,039 0.0000 - 0.2375 70 Supplement
Full price/base rate 53 - 53 0.0800 4 0.0000 - 0.0000 - Reduced price 69 - 69 0.4800 33 0.0000 - 0.0000 - Free 241 - 241 0.9600 231 0.0000 - 0.0000 - 2,302 $ - $ 105 $
August 2020Breakfast
Full price/base rate 104 - 104 0.3200 33 $ 0.0000 - $ 0.0000 - $ Reduced price 134 - 134 1.5900 213 0.0000 - 0.0000 - Free 469 - 469 1.8900 886 0.0000 - 0.0000 - Lunch
Full price/base rate 103 - 103 0.3300 34 0.0000 - 0.2375 24 Reduced price 134 - 134 3.1100 417 0.0000 - 0.2375 32 Free 468 - 468 3.5100 1,643 0.0000 - 0.2375 111 Supplement
Full price/base rate 89 - 89 0.0800 7 0.0000 - 0.0000 - Reduced price 114 - 114 0.4800 55 0.0000 - 0.0000 - Free 401 - 401 0.9600 385 0.0000 - 0.0000 - 3,673 $ - $ 167 $
Federal State
Meals
25 Page G-3.55

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement Federal State
Meals
September 2020Breakfast
Full price/base rate 115 - 115 0.3200 37 $ 0.0000 - $ 0.0000 - $ Reduced price 147 - 147 1.5900 234 0.0000 - 0.0000 - Free 516 - 516 1.8900 975 0.0000 - 0.0000 - Lunch
Full price/base rate 117 - 117 0.3300 39 0.0000 - 0.2375 28 Reduced price 152 - 152 3.1100 473 0.0000 - 0.2375 36 Free 531 - 531 3.5100 1,864 0.0000 - 0.2375 126 Supplement
Full price/base rate 95 - 95 0.0800 8 0.0000 - 0.0000 - Reduced price 122 - 122 0.4800 59 0.0000 - 0.0000 - Free 428 - 428 0.9600 411 0.0000 - 0.0000 - 4,100 $ - $ 190 $
October 2020Breakfast
Full price/base rate 222 - 222 0.3200 70 $ 0.0000 - $ 0.0000 - $ Reduced price 120 - 120 1.5900 191 0.0000 - 0.0000 - Free 513 - 513 1.8900 970 0.0000 - 0.0000 - Lunch
Full price/base rate 235 - 235 0.3300 78 0.0000 - 0.2375 56 Reduced price 127 - 127 3.1100 395 0.0000 - 0.2375 30 Free 544 - 544 3.5100 1,909 0.0000 - 0.2375 129 Supplement
Full price/base rate 194 - 194 0.0800 16 0.0000 - 0.0000 - Reduced price 105 - 105 0.4800 50 0.0000 - 0.0000 - Free 449 - 449 0.9600 431 0.0000 - 0.0000 - 4,110 $ - $ 215 $
26 Page G-3.56

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement Federal State
Meals
November 2020Breakfast
Full price/base rate 166 - 166 0.3200 53 $ 0.0000 - $ 0.0000 - $ Reduced price 90 - 90 1.5900 143 0.0000 - 0.0000 - Free 384 - 384 1.8900 726 0.0000 - 0.0000 - Lunch
Full price/base rate 179 - 179 0.3300 59 0.0000 - 0.2375 43 Reduced price 96 - 96 3.1100 299 0.0000 - 0.2375 23 Free 413 - 413 3.5100 1,450 0.0000 - 0.2375 98 Supplement
Full price/base rate 138 - 138 0.0800 11 0.0000 - 0.0000 - Reduced price 74 - 74 0.4800 36 0.0000 - 0.0000 - Free 317 - 317 0.9600 304 0.0000 - 0.0000 - 3,081 $ - $ 164 $
December 2020Breakfast
Full price/base rate 154 - 154 0.3200 50 $ 0.0000 - $ 0.0000 - $ Reduced price 83 - 83 1.5900 132 0.0000 - 0.0000 - Free 356 - 356 1.8900 673 0.0000 - 0.0000 - Lunch
Full price/base rate 162 - 162 0.3300 53 0.0000 - 0.2375 38 Reduced price 88 - 88 3.1100 274 0.0000 - 0.2375 21 Free 375 - 375 3.5100 1,316 0.0000 - 0.2375 89 Supplement
Full price/base rate 121 - 121 0.0800 10 0.0000 - 0.0000 - Reduced price 65 - 65 0.4800 31 0.0000 - 0.0000 - Free 279 - 279 0.9600 268 0.0000 - 0.0000 - 2,807 $ - $ 148 $
27 Page G-3.57

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement Federal State
Meals
January 2021Breakfast
Full price/base rate 155 - 155 0.3200 50 $ 0.0000 - $ 0.0000 - $ Reduced price 84 - 84 1.5900 134 0.0000 - 0.0000 - Free 358 - 358 1.8900 677 0.0000 - 0.0000 - Lunch
Full price/base rate 159 - 159 0.3300 52 0.0000 - 0.2375 38 Reduced price 86 - 86 3.1100 267 0.0000 - 0.2375 20 Free 368 - 368 3.5100 1,292 0.0000 - 0.2375 87 Supplement
Full price/base rate 112 - 112 0.0800 9 0.0000 - 0.0000 - Reduced price 60 - 60 0.4800 29 0.0000 - 0.0000 - Free 258 - 258 0.9600 248 0.0000 - 0.0000 - 2,758 $ - $ 145 $
February 2021Breakfast
Full price/base rate 171 - 171 0.3200 55 $ 0.0000 - $ 0.0000 - $ Reduced price 93 - 93 1.5900 148 0.0000 - 0.0000 - Free 397 - 397 1.8900 750 0.0000 - 0.0000 - Lunch
Full price/base rate 178 - 178 0.3300 59 0.0000 - 0.2375 42 Reduced price 95 - 95 3.1100 295 0.0000 - 0.2375 23 Free 409 - 409 3.5100 1,436 0.0000 - 0.2375 97 Supplement
Full price/base rate 126 - 126 0.0800 10 0.0000 - 0.0000 - Reduced price 67 - 67 0.4800 32 0.0000 - 0.0000 - Free 289 - 289 0.9600 277 0.0000 - 0.0000 - 3,062 $ - $ 162 $
28 Page G-3.58

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement Federal State
Meals
March 2021Breakfast
Full price/base rate 234 - 234 0.3200 75 $ 0.0000 - $ 0.0000 - $ Reduced price 126 - 126 1.5900 200 0.0000 - 0.0000 -Free 640 - 640 1.8900 1,210 0.0000 - 0.0000 - Lunch
Full price/base rate 242 - 242 0.3300 80 0.0000 - 0.2375 57Reduced price 130 - 130 3.1100 404 0.0000 - 0.2375 31Free 557 - 557 3.5100 1,955 0.0000 - 0.2375 132 Supplement
Full price/base rate 173 - 173 0.0800 14 0.0000 - 0.0000 -Reduced price 93 - 93 0.4800 45 0.0000 - 0.0000 -Free 400 - 400 0.9600 384 0.0000 - 0.0000 - 4,367 $ - $ 220 $
April 2021Breakfast
Full price/base rate 253 - 253 0.3200 81 $ 0.0000 - $ 0.0000 - $ Reduced price 136 - 136 1.5900 216 0.0000 - 0.0000 -Free 583 - 583 1.8900 1,102 0.0000 - 0.0000 - Lunch
Full price/base rate 261 - 261 0.3300 86 0.0000 - 0.2375 62Reduced price 141 - 141 3.1100 439 0.0000 - 0.2375 33Free 602 - 602 3.5100 2,113 0.0000 - 0.2375 143 Supplement
Full price/base rate 199 - 199 0.0800 16 0.0000 - 0.0000 -Reduced price 107 - 107 0.4800 51 0.0000 - 0.0000 -Free 460 - 460 0.9600 442 0.0000 - 0.0000 - 4,546 $ - $ 238 $
29 Page G-3.59

CITY OF MENLO PARK
BELLE HAVEN CHILD DEVELOPMENT CENTERSUMMARY OF MEALS REPORTEDFOR THE YEAR ENDED JUNE 30, 2021 Statutory Meal Statutory Meal Cash In Meal
Reported Adjustments * Allowed Rate Reimbursement Rate Reimbursement Lieu Reimbursement Federal State
Meals
May 2021Breakfast
Full price/base rate 231 - 231 0.3200 74 $ 0.0000 - $ 0.0000 - $ Reduced price 124 - 124 1.5900 197 0.0000 - 0.0000 - Free 532 - 532 1.8900 1,005 0.0000 - 0.0000 - Lunch
Full price/base rate 236 - 236 0.3300 78 0.0000 - 0.2375 56 Reduced price 127 - 127 3.1100 395 0.0000 - 0.2375 30 Free 544 - 544 3.5100 1,909 0.0000 - 0.2375 129 Supplement
Full price/base rate 173 - 173 0.0800 14 0.0000 - 0.0000 - Reduced price 93 - 93 0.4800 45 0.0000 - 0.0000 - Free 398 - 398 0.9600 382 0.0000 - 0.0000 - 4,099 $ - $ 215 $
June 2021Breakfast
Full price/base rate 170 - 170 0.3200 54 $ 0.0000 - $ 0.0000 - $ Reduced price 91 - 91 1.5900 145 0.0000 - 0.0000 - Free 391 - 391 1.8900 739 0.0000 - 0.0000 - Lunch
Full price/base rate 174 - 174 0.3300 57 0.0000 - 0.2375 41 Reduced price 94 - 94 3.1100 292 0.0000 - 0.2375 22 Free 403 - 403 3.5100 1,415 0.0000 - 0.2375 96 Supplement
Full price/base rate 131 - 131 0.0800 10 0.0000 - 0.0000 - Reduced price 71 - 71 0.4800 34 0.0000 - 0.0000 - Free 303 - 303 0.9600 291 0.0000 - 0.0000 - 3,037 $ - $ 159 $
Adjustments - - -GRAND TOTAL 24,629 41,942 $ - $ 2,128 $ * The adjustments are due to the resubmitted claims for reimbursement that were changed as a result of the recalculation of the fixed percentage enrollment subsequent tothe end of the fiscal year. 30 Page G-3.60
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL

OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Menlo Park (City) Belle Haven Child Development Center (Child Development Center) as of and for the year ended June 30, 2021, and the related notes to the financial statements, and have issued our report thereon dated December 15, 2021.

Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Child Development Center’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Child Development Center’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Child Development Center’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Child Development Center’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The 31 Page G-3.61
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Child Development Center’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Child Development Center’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Sacramento, California
December 15, 2021
32 Page G-3.62
INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH APPLICABLE

REQUIREMENTS AND ON INTERNAL CONTROL OVER COMPLIANCE
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
Opinions
We have audited the compliance of the California State Preschool and the Child Adult Food Care Programs of the Belle Haven Child Development Center (the Child Development Center), with the types of compliance requirements described in the CDE Audit Guide issued by the California Department of Education, August 2021, for the year ended June 30, 2021.

In our opinion, the Child Development Center complied, in all material respects with the compliance requirements referred to above that are applicable to the Child Development Center for the year ended June 30, 2021.

Basis for Opinion
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Guide.

Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and the Child Development Center and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Our audit does not provide a legal determination of the Child Development Center’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the Child Development Center’s government programs.

Auditor’s Responsibilities for the Audit of Compliance
Our responsibility is to express opinions on compliance with the requirements described in the CDE Audit Guide based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States, and the Guide. Those standards and the Guide require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a material effect on the Child Development Center’s Programs. An audit includes examining, on a test basis, evidence about the Child Development Center’s compliance with those requirements and 33 Page G-3.63
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
performing such other procedures as we considered necessary in the circumstances. Misstatements are considered material if, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the CDE Audit Guide, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Child Development Center’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the Child Development Center’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the CDE Audit Guide, but not for the purpose of expressing an opinion on the effectiveness of the Child Development Center’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a compliance requirement will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. 34 Page G-3.64
To the Honorable Mayor and Members of the City Council
Belle Haven Child Development Center
City of Menlo Park, California
Purpose of this Report
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the CDE Audit Guide issued by the California Department of Education, August 2021. Accordingly, this communication is not suitable for any other purpose.

Sacramento, California
December 15, 2021
35 Page G-3.65
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37 Page G-3.67
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Manager Office

REGULAR MEETING AGENDA
Date: 2/8/2022
Time: 6:00 p.m.

Location: Zoom.us/join – ID# 831 3316 9409

STAFF REPORT RELEASE NOTICE
The Staff Report No. 22-029-CC for Receive and file 2021 priorities and work plan quarterly report as of December 31, 2021, will be available on February 4, 2022.

Members of the public can view electronic agendas and staff reports by accessing the City website at menlopark.org/agenda and can receive email notification of agenda and staff report postings by subscribing to the “Notify Me” service at menlopark.org/notifyme Agendas and staff reports may also be obtained by contacting the City Clerk’s Office at 650-330-6620. (Posted 2/3/2022.) AGENDA ITEM G-4 Page G-4.1
City Manager's Office

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-029-CC
Consent Calendar: Receive and file 2021 priorities and work plan quarterly report as of December 31
Recommendation
Staff recommends the City Council receive and file the quarterly update on the City Council’s 2021 priorities and work plan. This update reflects the priority and work plan project status as of December 31, 2021.

Policy Issues
City Council adopts annual priorities to prioritize limited resources.

Background
City Council adopted its 2021 priorities and work plan at the April 20, 2021, meeting. On September 21, 2021, staff transmitted an informational update on the status of priorities as of July 31, 2021.

Analysis
This report transmits an update as of December 31 (Attachment A) and contains the best information available, reflecting demands on executive and management resources due to work on City Council priorities, maintenance of regular operations, emergencies and unexpected demands on resources, and staff attrition. As shown in Attachment A, the update includes two categories of work efforts:

• City Council priorities. Designation of a project as a priority clarifies that staff may strategically realign limited resources to achieve the stated milestones for priority projects. The realignment may delay work on other projects or impact services to the public.
• City Council work plan. Work plan projects reflect City Council goals. The distinction between a “priority” and a “work plan” project is that resources may be shifted away from work plan projects and public services, if necessary, to make progress on priority projects.

In addition, staff has also compiled a list of requests and recent direction from the City Council from 2021 and to-date in 2022. This list is included as Attachment B.

Impact on City Resources
This report transmits an informational update on the status of the priorities and work plan efforts underway.

As shown in Attachment A, resources are not available to advance all the priority and work plan efforts at this time.

AGENDA ITEM G-4 Page G-4.1
Staff Report #: 22-029-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. City Council adopted 2021 priorities and work plan progress report as of December 31 B. City Council requested work efforts
Report prepared by:

Nikki Nagaya, Public Works Director
Report reviewed by:

Justin Murphy, Interim City Manager
Page G-4.2
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update

01. Redistricting
Every ten years, local governments use new census data to redraw their district lines to reflect how local populations have changed. Assembly Bill 849 (2019) requires cities and counties to engage communities in the redistricting process by holding public hearings and/or workshops and doing public outreach, including to non- English-speaking communities.

In progress
Independent Redistricting Committee formed (11/18/2021).Held first pre-map public hearing.Mapping tools available online and in paper.Flyers distributed at all open city facilities and to chamber of commerce for business distribution.Working on city-wide mailer.

In progress Project is proceeding as planned.

02. Reimagining public safety
Council established a Re-imagining Public Safety Subcommittee, composed of Councilmembers Taylor and Wolosin, the City Manager, and the Police Chief. An academic, Dr. Terri Givens, was added to the team to facilitate public discussion on policing.Focus groups will be held to generate public feedback on policing, the department will conduct public presentations to increase transparency, and a Community and Police Advisory Team will be established to provide the department with a resource for public feedback and collaboration.

Done
The subcommittee held eight meetings over the second half of 2021. On 12/10/21, the Council received an update of the progress of the Subcommittee. The group established three main goals - create a "safe space" focus group series to understand themes of concern regarding policing in Menlo Park, plan a series of presentations by the Police Department to increase transparency, and re-establish a Community-Police Advisory Team to explore policing-related questions and provide feedback to the Police Department. These initiatives are in development at this time.

In progress
Initial "kick-off" meeting completed as Council Study Session on 7/29. A snapshot of current department function and overview of national narrative in relation to MPPD was reviewed. A Subcommittee for Reimagining Public Safety was Identified as Councilmembers Taylor and Wolosin, City Manager and Police Chief.

03. CAP #1 - Explore policy/program options to convert 95% of existing buildings to all-electric by 2030 Achieve the following milestones to project completion:1. May 2021: Complete cost effectiveness analysis on various policy/program pathways toward achieving 95% electrification by 2030.2. June 2021: Environmental Quality Commission provides advice to City Council on cost effectiveness analysis and potential pathways to achieve electrification goals for existing buildings.3. July/August 2021: City Council reviews policy/program options and EQC recommendations and directs staff on next steps.

In progress
Highlights include exploring a partnership with BlocPower. Staff is also proposing to pause addressing permit barriers to electrification in order to explore possible electrification reach codes for existing buildings in order to continue to advance the goals of the Climate Action Plan adopted by the City Council. Additional details will be provided at an upcoming City Council meeting.

Done
Project milestones are completed, and city council provided direction on next steps. Staff in partnership with CAP subcommittees consisting of Vice Mayor Nash, Councilmember Wolosin, EQC members Angela Evans, Josie Gaillard, and Tom Kabat are working on identifying project scopes and timelines from City Council's direction given on August 31.

04. 2022 housing element and related zoning code updates and documents Housing Elements are housing plans that are one part of the General Plan – a guide to all the ways each city, town or county is planned and managed, from our roads and sidewalks to our parks and neighborhoods. With an update required every eight years by the State of California, this Housing Element update will create a foundation for all the policies and programs related to housing. While city governments do not generally build housing themselves, they create the rules that affect where housing can be built, how much and how it is approved. Each jurisdiction’s housing plan needs to help ensure that there will be enough capacity and supportive policies to meet the projected need over the next 10 years.

In progress
Project reached a milestone with identification of land use strategies to meet the City's RHNA and release of the Notice of Preparation for the Environmental Impact Report in December 2021. Community meeting is planned for 2/12/2021 to discuss the housing opportunity sites and housing policy themes. The City Council is discussing the role and composition of the Community Engagement and Outreach Committee. Work on the Environmental Justice Element and Safety Element will be the upcoming focus.

In progress
Project is proceeding with community engagement activities to help inform the City's land use strategy to meet the City's RHNA.

Table 1: 2021 Adopted priorities

ATTACHMENT A
Page G-4.3
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update Table 1: 2021 Adopted priorities

05. ConnectMenlo community amenities list update
Review community amenities procedures and update community amenity list associated with bonus level developments in the Bayfront Area In progress
The Council Subcommittee has begun reviewing drafts of implementing regulations and updated list. Recommendations for the full Council's consideration are targeted for Spring 2022.

In progress
CAO drafted CA regulations. CDD staff needs to prepare revisions to list based on prior direction from City Council.

06. Menlo Park Community Campus building
In December 2019, the City Council received a proposal from Facebook Inc. proposing to explore funding and development of a new multi-generational community center and library located in Menlo Park’s Belle Haven neighborhood, replacing the existing community center, senior center, youth center, pool house, and library facilities. Identified as a City Council priority on January 28, 2020, this project would deliver the City's funding contribution to the project.

In progress
Permits were approved and underground utilities were installed in 2021. Above ground construction of the building will begin in early 2022, with construction still slated to be complete by spring/summer 2023.

In progress Project is proceeding as planned.

07. Reimagining downtown Project scope has yet to be established. Requires City Council direction. In progress Work on the Downtown Market Study commenced and the report was released for public review in February. Consideration by the City Council is targeted for March 2022.

On hold - pending direction
No update or anticipated timeline.

08. Caltrain rail corridor quiet zone analysis
This study would fund a review of grade crossing improvements needed to consider a quiet zone along the Caltrain corridor at the Encinal, Glenwood, Oak Grove and Ravenswood Avenue crossings.

In progress
A draft RFP was developed for technical support. The City Council provided feedback in January 2022, with expected release in February.

On hold - capa
Work expected to begin once Associate Transportation Engineer and Assistant Public Works Director - Transportation positions are filled, tentatively expected to be late August 2021.

09. CAP #4 - Middle Avenue rail crossing and complete street This project would provide a grade-separated crossing through the Caltrain railway to create a pedestrian/ bicycle connection near Middle Avenue, between Alma Street near Burgess Park and El Camino Real at the proposed open space plaza as identified in the El Camino Real/Downtown Specific Plan. The project would develop detailed design plans and construct the project. As part of the terms of the development agreement for Middle Plaza at 500 El Camino Real, Stanford University is required to make a contribution towards the cost of the project, 50 percent of the cost, up to $5,000,000. In May 2020, the Santa Clara County Board of Supervisors also allocated $1,000,000 in funds for this project through the Stanford University recreation mitigation fund established during the 2000 General Use Permit approvals.

In progress
Agreement negotiated for purchase and sale of right of way needed for ramps. Coordination ongoing with Caltrain on design, method of procurement, and development of RFP for final design. Staff have been coordinating with Stanford to advance the University Drive to El Camino Real segment of the Middle Avenue complete streets project (which is a condition of approval for the 500 El Camino Real development) and are planning a public outreach meeting in early 2022 to discuss options for the entire Middle Avenue complete streets project (Olive Street to El Camino Real) to ensure a coordinated design.

In progress
Rail crossing project is proceeding. Funding requests were submitted to Representative Eshoo's office for consideration in the federal transportation infrastructure bill. Complete streets study is on hold pending capacity.

Page G-4.4
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update

10. Racial equity - NLC REAL program and baseline project Created in 2015 in the wake of social unrest in Ferguson, Missouri, NLC’s Race, Equity And Leadership (REAL) program helps to empower and equip local officials with tools to address racial disparities in their communities. As local leaders look to reimagine government policies, procedures, and processes to build more equitable communities, REAL is available to help cities and towns learn the impact of historical inequities and design programs that dismantle structural and system racism. REAL provides training with local elected officials and municipal staff, seminars for municipal staff and local elected officials, customized training to match city needs.

On hold - staff capacity
NLC experienced a changed in staffing and reduced capacity to provide assistance. The temporary project manager's time was repurposed to assisting with recruitments given the large number of staff vacancies.

In progress
Project manager has been identified will start in August to prepare a project timeline with NLC and coordinate training with management staff and Councilmembers.

11. CAP #2 - Set citywide goal for increasing EVs and decreasing gasoline sales Defer implementation to the Beyond Gas Initiative (BGI) 8 under Joint Venture Silicon Valley. Staff will continue to work with BGI within current staff capacity using existing communication mediums to promote and market information from BGI.

Done See 7/31 update Done
The goal is established and adopted through the Climate Action Plan. Staff continues to monitor the effectiveness of incentives through the annual 2030 climate action progress report that will be provided to City Council in October. The Beyond Gas Initiative under Joint Venture Silicon Valley is currently leading this effort. Staff will continue to work with BGI going forward, and report efforts in the annual 2030 Climate Action Plan progress report.

12. CAP #3 - Expand access to electric vehicle charging for multifamily and commercial properties Resources will be used to monitor the effectiveness of state and regional charging infrastructure incentives, and the City will promote/market the incentives to multifamily property owners using existing databases and communication mediums. In addition, $5,000 to $10,000 in additional incentives will be allocated to further motivate at least two multifamily property owners with existing units/buildings to install EV charging infrastructure.

In progress
Highlights include presenting to the EQC on February 16, 2022 a matching electric vehicle charging station rebate for existing multifamily properties participating in the Peninsula Clean Energy electric vehicle charging incentive program This will then be presented to the City Council in March or April. The City Council also approved installing 27 electric vehicle charging capable spaces for the Menlo Park Community Campus project.

On hold - capacity
EV charging stations have been included in the design of the Menlo Park Community Campus and will be able to charge 27 vehicles once complete. In addition, some of the charging stations will be able to charge vehicles in the event of a power outage providing additional resiliency at this site. The incentive project for multifamily will kick-off in the Fall. This project was on hold due to completing CAP No.1, resource constraints, and completing the annual progress report.

13. CAP #4 - Reduce vehicle miles traveled (VMT) by 25% or an amount recommended by the Complete Streets Commission Resources will be used to focus on current work underway that would reduce VMT that includes the SB2 Housing grant, completion of the Transportation Management Association feasibility study, and implementation of VMT guidelines for new development adopted in June 2020. In addition, the Complete the Streets Commission’s work plan includes prioritizing projects in the Transportation Master Plan that would reduce VMT. The Complete Streets Commission two-year work plan will be amended to include a future work effort to set a VMT reduction target in 2022 dependent upon staff resourcing to support this effort, provided it does not impact delivery of capital projects planned for the same timeframe.

In progress
Transportation staff have begun coordinating with the Complete Streets Committee Multimodal Metrics Subcommittee to discuss the appropriate measures to track progress several goals, including VMT reduction. That coordination will continue in early 2022.

In progress
Table 2: 2021 Adopted Work Plan
Page G-4.5
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update Table 2: 2021 Adopted Work Plan

14. CAP #4a - Transportation management association (TMA) formation The goal of a TMA is to coordinate logistics and TDM services amongst multiple member businesses. Instead of an individual business providing TDM services for their employees, a TMA allows multiple businesses to share TDM resources. TDM services may not be cost-effective and well-utilized at individual businesses, so a TMA creates cost-efficiency and a shared burden amongst everyone, allowing smaller businesses to access some services that they would normally not be affordable.

In progress
City Council adopted the TMA feasibility study in October 2021. Per the findings of that study, the City is no longer seeking to form an independent TMA, but to join existing regional and subregional TMAs, or contract with them for TDM services/resources. Staff is working on implementing the priority actions from the study. In January 2022, the City Council adopted a resolution to join Commute.org. Staff will continue coordinating with Manzanita Works about potentially joining the Ravenswood Transit Consortium.

In progress
The draft feasibility study has been completed. Staff will schedule for a future City Council meeting for review and approval in fall 2021.

15. CAP #5 - Eliminate the use of fossil fuels from municipal operations Utilize current resources and available budget toward eliminating fossil fuels in building the new Menlo Park Community Campus. In addition, if there are fossil fuel appliances or assets at the end of its life, a non-fossil fuel option as a replacement will be the default unless infeasible. Additional appropriations may be required for non-fossil fuel assets or appliances that have a cost premium. Specifically in 2021-22, the City will focus on expanding a pilot program to transition landscaping equipment from gas to electric. In future years, as City contractor agreements are procured, the City will incorporate a request for landscaping equipment as well. A Sustainable Fleet Policy was adopted in 2020.There will be additional opportunities for comprehensive non-fossil fuel asset or appliance replacement planning through the upcoming Corporation Yard Needs Assessment and Facilities Inventory and Maintenance Plan, which were funded in 2021-22 capital improvement plan.

In progress
Clean energy infrastructure project approved for the Menlo Park Community Campus project. Includes renewable energy production and energy storage , solar thermal pool heating and electric vehicle charging stations. Optony Inc. was also hired to support implementation of this goal. Work is beginning on the Facilities Inventory and Maintenance Plan to inventory existing city buildings and building equipment, prioritize maintenance needs and update preventative plans. This work lays the groundwork for future building electrification plans.

In progress
The RFP to install a renewable microgrid with battery storage at the MPCC was successful, and a preferred vendor has been identified. It is anticipated that an award of contract will occur before the winter holidays. In addition, a sustainability consultant was hired to support various aspects of this CAP goal.

16. CAP #6 - Develop a climate adaptation plan to protect the community from sea level rise and flooding Continue to participate in and monitor One Shoreline, a flood and sea level rise resiliency district, that was formed to support planning and mitigation measures for coastal erosion, sea level rise, and flooding threats up to 2100. Menlo Park is a member of this agency and pays dues annually through funds provided in the capital improvement plan. This work covers Menlo Park’s neighborhoods adjacent to the bay and creeks. In February 2021, One Shoreline’s board of directors authorized the Bayfront Canal and Atherton Channel Flood Protection and Ecosystem Restoration project to go out to bid. Bidding is currently underway for prequalified bidders and construction is expected to begin in mid-2021. Resources will be utilized to continue to actively work with neighboring communities and other agencies to close gaps not addressed by the above projects and seek further funding.

In progress
In October 2021, the City Council adopted the City's annex plan to the San Mateo County local hazard mitigation plan. Staff is continuing to coordinate with the County of San Mateo on potential funding opportunities through the California Office of Emergency Services and FEMA to advance hazard mitigation planning, with an emphasis on district 1. The Housing Element project team is continuing to pursue updates to the Safety Element of the General Plan to comply with updates to State law, including climate adaptation and resilience. The Bayfront Canal/Atherton Channel project construction is continuing, and is expected to be complete in Q1 2022. The Environmental Quality Commission approved of a recommendation to create a climate resiliency position. The position will be considered in the upcoming budget for fiscal year 2022-23.

In progress
Page G-4.6
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update Table 2: 2021 Adopted Work Plan

17. CAP #6a - Menlo Park SAFER Bay implementation
This project provides funds to support the staff time needed to continue to implement SAFER Bay. In September 2020, PG&E approached the City about partnering on a FEMA grant opportunity to address sea level rise impacting the Ravenswood Electrical Substation consistent with the SAFER Bay project and the recently completed Dumbarton Bridge West Approach + Adjacent Communities Resilience Study. Following initial coordination, the City, SFCJPA and PG&E also reached out Facebook to consider providing additional funding to expand the project. The FEMA grant is a program offering up to $50 million per project to reduce risks from disasters and natural hazards. The City Council authorized a letter of support for the application on November 17, 2020. PG&E, the SFCJPA, Facebook and the City collaborated on the required documentation for a Building Resilient Infrastructure and Communities (BRIC) application, which was submitted to CalOES by December 3, 2020. Cal OES submitted the grant application for FEMA consideration on January 27. FEMA notifications on awarded projects are expected in summer 2021.

In progress
City Council approved a resolution in January 2022 affirming the City's role in leading the FEMA BRIC grant, if awarded, and authorizing execution of a memorandum of understanding with funding and technical project partners, the San Francisquito Creek Joint Powers Authority, Meta, and PG&E. In November 2021, City Council provided direction to return with a staffing request (1.0 provisional FTE) to support this project, and to develop recommendations to address cash flow during project construction. Staff also continues to collaborate with partner agencies to explore funding to complete construction of SAFER Bay.

In progress
The City was notified by FEMA in early July that the project was selected for further evaluation. Staff is preparing a draft memorandum of understanding with the project partners. Planning City Council update in October 2021.

18. Public health advocacy (COVID-19, mental health)
Project scope has yet to be established. Requires City Council direction.

On hold - capacity No update or anticipated timeline.

On hold - pending direction
No update or anticipated timeline.

19. Caltrain grade separation
The existing Ravenswood Avenue Caltrain crossing is a critical rail crossing within Menlo Park. It is within the El Camino Real/Downtown Specific Plan Area and falls within the City’s Priority Development Area. The project would fund the additional scope of work requested by the City Council in 2018 to evaluate a fully elevated alternative and advance engineering design of a chosen preferred alternative.

On hold - capacity
Staff submitted an update to the CPUC Section 190 grant in fall of 2021. Menlo Park was previously ranked 7th in the state on the priority list, which provides funding for rail grade separations in the state. Project has been otherwise on hold.

On hold - capacity
Work expected to begin once Associate Transportation Engineer and Assistant Public Works Director - Transportation positions are filled, tentatively expected to be late August 2021. This project would be prioritized after workplan item 8, Caltrain rail corridor quiet zone analysis and item 9, Middle Avenue rail crossing and complete streets study.

20. Willow Road traffic calming
Project scope has yet to be established. Requires City Council direction.

On hold - pending direction
No update or anticipated timeline.

On hold - pending direction
No update or anticipated timeline.

Page G-4.7
2021 City Council Priorities and Work Plan
Name Project overview 12/31 status 12/31 update 7/31 status 7/31 update Table 2: 2021 Adopted Work Plan

21. Coleman and Ringwood Avenues Transportation Study
Joint project with San Mateo County to evaluate traffic calming and multimodal safety improvement options for Coleman and Ringwood Avenues.

In progress
Staff coordinated with San Mateo County on a memorandum of understanding (MOU) and cost sharing agreement to launch this work. The MOU and cost sharing agreement were approved by City Council in January 2022, and the study is expected to formally launch in February. City staff have also been working to identify potential members for a community advisory committee that will help guide the study.

On hold - pending direction
Since approval of the City Council work plan and CIP, staff has been approached by San Mateo County to partner on a Transportation Study for Coleman and Ringwood Avenues to evaluate traffic calming and multi-modal safety measures. Coleman Avenue is within both the City and County jurisdiction and is used by students and families to access schools in the area. Ringwood Avenue is primarily within the County with small segments within the City and the Town of Atherton. The City’s Transportation Master Plan identified four projects for Coleman and Ringwood Avenues. Given this opportunity to work with the County to better coordinate projects for both streets, staff recommends adding this joint project to the Council work plan. Staff expects that adding this project will impact other CIP projects, specifically the Middlefield Road paving project and the Caltrain grade separation project, neither of which is currently active. The Middlefield Road project (to be staffed by both the transportation and engineering teams) is already delayed due to staff vacancies in the engineering team. This creates an opportunity to focus staff time on a project that would be primarily managed by the transportation team. The Caltrain grade separation project is currently on hold, and staff expects that restarting this project would be further delayed. However, staff has started work on the Caltrain quiet zone analysis which will address safety around the Caltrain corridor and is a current City Council priority. If City Council agrees with the recommendation to proceed with the Coleman and Page G-4.8
New City Council requests or direction provided
Name Date requested or direction provided 12/31 status01. Study session on the Bay-Delta Plan Requested by the City Council during adoption of the 2020 Urban Water Management Plan on May 25, 2021. On hold - capacity02. Follow up on parks projects and Measure T funds Requested by City Council on August 17, 2021. On hold - capacity03. Follow up on the selected construction method for Chilco Street medianislands Requested by the City Council on September 21, 2021. City Manager reported on October 23, 2021 regarding the outreach conducted, that a twoweek roadway closure to allow construction was selected, and that construction was to be delayed until spring 2022.

Completed

04. Follow up on pedestrian safety measures in the Bayfront area inresponse to development Requested by the City Council on October 23, 2021. In progress

05. Request for future agenda item to add the identification of parks to themunicipal code Requested by the City Council on October 23, 2021. Future item

06. Study session on leaf blower restriction ordinance (enforcement, trade-in program, education) Requested by the City Council on November 16, 2021. In progress

07. Adopt wireless facility ordinance
Staff requested City Council direction on November 16, 2021 to return with an ordinance for adoption. In progress

08. Provide direction on restarting the Neighborhood Traffic ManagementProgram Requested by the City Council on November 16, 2021. In progress

09. Annual update on the status of City's annex plan to the San MateoCounty Local Hazard Mitigation Plan Requested by the City Council on November 16, 2021. Future item

10. Follow up on Springline traffic Requested by the City Council on December 7, 2021. Future item11. Follow up on Sharon Rd/Eastridge Ave safety, if action or budgetrequired by the City Council Requested by the City Council on December 7, 2021. Completed

12. Adopt SB9 regulations
Staff requested City Council direction on December 14, 2021 to return with ordinance updates to respond to recent state housing legislation (SB9). In progress

13. Provide direction on guidelines, regulations and restrictions for impactfees Requested by the City Council on January 11, 2022. On hold - capacity

14. Develop permanent design guidelines and permitting process fordowntown outdoor uses Staff requested City Council direction on January 25, 2022. On hold - capacity New City Council requests or direction to advance new initiatives

ATTACHMENT B
Page G-4.9
Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-030-CC
Public Hearing: Introduce zoning ordinance text amendment to modify Municipal Code Chapter 16.92 (SignsOutdoor Advertising) to allow increased signage for qualifying projects within the SP-ECR/D (El Camino
Real/Downtown specific plan) zoning district
Recommendation
The Planning Commission and staff recommend that the City Council waive the first reading and introduce an ordinance approving a zoning ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown specific plan) zoning district, included as Attachment A.

Policy Issues
The proposed project requires the City Council to consider whether to approve the proposed zoning ordinance text amendment, including the formulas for calculating permitted signage based on street frontage lengths and a requirement for approval of a master sign program by the Planning Commission. The City Council will need to consider the potential amendments to the sign ordinance and whether the changes would be consistent with the City’s general plan and specific plan, and whether the required findings can be made for the proposed zoning ordinance text amendment.

Background
As part of prior reviews of the El Camino Real/Downtown specific plan, the City Council identified potential modifications to the specific plan for staff to explore. One of those changes was to pursue modifications to the City’s Sign Ordinance to allow larger specific plan projects to receive larger signage allocations, subject to discretionary review. Staff conducted preliminary work, but it was put on hold given staffing resources and changing City Council priorities. In June 2021, the applicant for 1300 El Camino Real (formerly known as “Station 1300” and currently called “Springline”) initiated a sign ordinance amendment to address signage needs not only for their project, but potentially other projects within the specific plan area. In consultation with staff, Springline proposed a zoning ordinance text amendment to increase the permitted signage for larger projects, which would apply to the entire El Camino Real/Downtown specific plan (“specific plan”) area, encompassing El Camino Real, the Caltrain station area and downtown Menlo Park.

A map of the specific plan area is included as Attachment B.

In October and December 2021, the Planning Commission conducted two study sessions to review and provide feedback on the proposed revisions to the sign ordinance. The Planning Commission generally supported additional signage for larger projects, but also expressed concerns about the size of signs, designs and their locations. The applicant updated their proposal in response to the feedback received at the two study sessions, including the need for additional public outreach, and returned to the Planning AGENDA ITEM H-1 Page H-1.1
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Commission January 10, 2022 with their revised proposal. The January 10, 2022 Planning Commission staff report (Attachment C) provides a more detailed summary of the Planning Commission’s initial feedback.

The Planning Commission reviewed the revised proposal for the zoning ordinance text amendments and recommended (4-1 with two Commissioners absent) that the City Council approve the proposed text amendments, with the following revisions:
• Revise the ordinance to provide an exemption for directional signage; • Provide for a discretionary review process for project identification signage in excess of the overall signage allocation; and
• Eliminate upper level signage references and replace them with reference to parapet signage.

Analysis
Project description
The applicant submitted a revised proposal, analyzed in this report, based on the Planning Commission’s recommendation January 10, 2022.

The proposed text amendment is designed to accomplish the following for parcels within the ECR/D-SP zoning district:
• Maintain the current formula for calculating the maximum sign area based on the length of a project’s frontage;
• Eliminate the 100 square foot “cap” on the total sign area for the primary frontage, as well as the 50 square foot “cap” on total signage per secondary frontage, subject to Planning Commission approval of a Master Sign Program, provided that the maximum sign area on any frontage would be 1,000 square feet regardless of the length of the frontage;
• Establish a formula for calculating the maximum sign area for secondary frontages, or primary frontages not along El Camino Real, based on 50 percent of the (increased) maximum allowable signage area on the El Camino Real frontage;
• Limit the area of any individual sign to a maximum of 50 square feet; • Exempt signage identifying the name of the project, as well as safety and directional signage, from the overall allowable display area provided that the signage is approved pursuant to a master sign program; and
• For buildings with a mixture of office and other commercial uses, limit the total display area of signs at the building top parapet level on any frontage to one-half a square foot of signage area for each linear foot of frontage.

The City’s sign ordinance regulations (Attachment D) generally establishes the regulations for the size, type and location of signage on a building and property. The total area of signage currently allowed in commercial land use zoning districts is determined by a ratio of total display area to a lot’s primary frontage, where the maximum allowed display area for any lot, regardless of the number of uses or tenants housed on a single lot, is 100 feet.

The entire Springline project would be allowed a total signage area of 100 square feet on El Camino Real, and 50 square feet each on Oak Grove Avenue and Garwood Avenue, which are considered secondary frontages. The secondary frontages are allowed up to one-half of the maximum sign area for the lot. Given Page H-1.2
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org the length of the frontages, these areas would be disproportionally small relative to the buildings, and could negatively affect the vibrancy of the community-serving/retail and office components of the project.

Proposed text amendment
The applicant updated the proposed sign ordinance language in response to the Planning Commission’s January 10, 2022 recommendation to the City Council, which included modifications to exempt directional signage, provide a discretionary review process for project identification signage exempt from the overall signage allocation, and eliminate upper level signage references and replace them with reference to parapet signage.

It should be noted, the applicant worked with staff and the city attorney’s office to analyze the constitutionality of the proposed text amendment as the U.S. Supreme Court has held that a sign ordinance may be impermissibly content-based where the ordinance treats signs differently because it imposes more and/or different restrictions on directional signs than on ideological signs or political signs. However, laws are likely not impermissibly content-based where they regulate content based on identification, protection or direction. Staff’s position is that the currently proposed ordinance does not run afoul of these principals because the ordinance regulates project identification signage which is justified on the basis of safety (i.e., emergency responders have the ability to identify a location), directional information and accessibility purposes.

The proposed ordinance amendment would amend Section 16.92.110 of the zoning ordinance with the underlined text. All other provisions of this section would remain unchanged:

Section 16.92.110(2): Such signs will not exceed in total display area, measured in square feet, the ratio of total display area to lot primary frontage as shown on the attached graph, entitled "Figure No. 1," incorporated herein, and made a part of this chapter. The maximum display area permitted for any lot, regardless of the number of uses or tenants housed on a single lot, is one hundred square feet. Notwithstanding the above, the one hundred square foot maximum shall not apply to lots located within the ECR/D-SP zoning district with primary frontage along El Camino Real, which may be permitted larger total display areas, subject to Planning Commission approval of a Master Sign Program, consistent with the following formulas:
(A) For non-residential uses, the maximum display area permitted for a lot with frontage along El Camino Real shall be determined by the formula used in Figure No. 1 (30’ + ((Frontage Length - 10’) x (8/7))) without regard to the one hundred square foot maximum. For any additional signage area authorized pursuant to this exception, the following standards shall also apply:
(1) Any individual sign shall be limited to a maximum of 50 square feet, and the total area of signage for a single project shall be limited to a maximum of 1,000 square feet per frontage (excluding any additional signage allocation for project identification, directional signage, or other signage allowed pursuant to Section

16.92.110(9)); and
(2) For buildings with a mixture of office and other commercial uses, the total display area of signs at the building top parapet level of a building on any frontage shall be limited to one-half a square foot of signage for each linear foot of frontage. For purposes of this section, “parapet” shall mean a low wall along the edge of a roof extending above the level of such roof.

Page H-1.3
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Section 16.92.110(3): In the case of parcels of land having secondary frontage, signs may be located on such frontage, provided that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure No. 1 for such secondary frontage., and further provided that, subject to Planning Commission approval of a Master Sign Program, for any parcel within the ECR/D-SP zoning district with frontage on a street other than El Camino Real, the maximum total sign area on that frontage shall not exceed the formula of (0.5 x (30’ + ((non-ECR Frontage – 10’) x 8/7))) without regard to the 100 square foot maximum (50 square feet on secondary frontages) that applies in zoning districts other than the ECR-D-SP zoning district. The additional limitations on signage at the building top parapet level pursuant to the exception set forth in 16.92.110(2) shall also apply to such secondary frontage signage.

Section 16.92.110(9): Within the ECR/D-SP zoning district, any project shall be entitled to install signage identifying the name of the project. The display area of such project identification signage shall not count against the overall allowable display area which display area is calculated pursuant to sections 16.92.110(2) and 16.92.110(3), provided that the project identification signage is approved pursuant to a Master Sign Program. The Master Sign Program shall be approved by the Planning Commission pursuant to the provisions of section 16.92.110(11.) For purposes of this section “project” shall mean a development, including a building or group of buildings, and associated open areas, designed and managed under common ownership and/or control, but shall not mean tenants of the development and/or building.

Page H-1.4
Staff Report #: 22-030-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

16.92.110 (10): Within the ECR/D-SP zoning district, safety and directional signage shall be exempt from the limits on signage display area, which display area is calculated pursuant to sections 16.92.110(2) and (3), provided that the safety and directional signage is approved pursuant to a Master Signage Program. The Master Sign Program shall be approved by the Planning Commission pursuant to the provisions of section

16.92.110(11.) For purposes of this section, “safety and directional signage” shall mean signage providing information on directions, ingress and egress, parking access and location, accessibility and other similar identifying information.

Section 16.92.110(11): Within the ECR/D-SP zoning district, any signage permitted pursuant to sections

16.92.110(9) and/or 16.92.110(10) and any signage in excess of 100 square feet on the primary frontage or in excess of 50 square feet on a secondary frontage shall require the review and approval of a Master Sign Program for the subject property. The review and approval of a Master Sign Program by the Planning Commission shall be subject to the following provisions:
(A) Prior to the installation of any signage on a property, the owner of the property shall submit an application for a Master Sign Program which identifies the number, size(s), locations (or alternative locations), structural design and materials of each type of signage proposed for the property and how those signs comply with the City’s applicable Design Guidelines for Signs.
(B) Following review by the director of community development or his/her designee, the proposed Master Sign Program shall be reviewed by the Planning Commission. The proposed Master Sign Program shall be approved unless the Planning Commission finds that signage specified by the Master Sign Program would not be compatible and harmonious with the buildings on the property or would otherwise be substantially inconsistent with the City’s Design Guidelines for Signs. The Planning Commission will also have the authority to grant exceptions from the City’s Design Guidelines for Signs so long as such changes will be compatible and harmonious with the overall project. With respect to project identification signage authorized under section

16.92.110(9), such signage shall be approved if the design of such signage is compatible with the project’s overall architecture and is appropriate in terms of its size and location within the project. (C) After a Master Sign Program has been approved by the Planning Commission, any signs erected and maintained on the subject property shall be in conformity with the approved Program, and shall be reviewed and approved by the director of community development or his/her designee. (D) Any material amendments to an approved Master Sign Program shall be reviewed according to the same process and criteria as the initial Master Sign Program.

Springline signage
If the proposed zoning ordinance text amendment is approved, Springline would be allowed approximately 540 square feet of signage along El Camino Real, approximately 165 square feet along Oak Grove Avenue and approximately 402 square feet along Garwood Way for a total of 1,107 square feet. The January 10, 2022 staff report to the Planning Commission (Attachment C), includes a massing study with a series of elevation sheets that illustrate the various signs that could be permitted by the proposed text amendments, visible from Springline’s three frontages. It should be noted, the elevations, which also show possible signage locations, are only for illustrative purposes, and the chart at the end of the massing study includes numbers for the total signage allowed based on a previous proposal that included specific amounts of signage permitted for identification and directional signage. As previously noted, this part of the applicant’s proposal was revised as a result of the Planning Commission’s recommendation to exempt directional and project identification signage, with required discretionary review for project identification signage in excess of the overall signage allocation. If the text amendments are approved by City Council, Springline, like other projects utilizing the new regulations, would be required to submit a Master Sign Program for review and action by the Planning Commission.

Page H-1.5
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Springline indicates they are also seeking additional flexibility, compared to the current regulations in the Design Guidelines for Signs (Attachment E), with respect to signage letter sizes (maximum 24 inches in letter size for the retail level, and 30 inches for the upper level, office uses.) In an effort to streamline approval of the zoning ordinance text amendment, they did not include these in their current proposal but indicate they would incorporate this into a master sign program, when site-specific factors can be taken into account. Springline also indicates they are interested in developing a formula for how sign area is allocated between multiple tenants in a single building that would be incorporated into their master sign program.

Middle Plaza signage
The Middle Plaza at 500 El Camino Real project is another example where the proposed sign ordinance text amendment would increase the allowed amount of signage area. In 2017, the City Council approved office, retail, and residential uses on an 8.4-acre site, with a total of approximately 10,286 square feet of retail/restaurant, 142,840 square feet of nonmedical office, and 215 residential units. The property has approximately 1,600 feet of frontage along El Camino Real but under the current regulations would only be allowed 100 square feet of signage since it does not have a secondary frontage. However, if the zoning ordinance text amendment is approved, Middle Plaza would be permitted up to 1,000 feet of signage along El Camino Real. The sign consultant for the project submitted a letter of support for the zoning ordinance amendments as well plans showing a preliminary signage proposal for the Middle Plaza project, which are included in the January 10, 2022 staff report to the Planning Commission.

Similar to the Springline project, the Middle Plaza property was created when several smaller parcels were merged to allow for a large mixed-use development. The permitted signage for each of the previous parcels was calculated based on their individual frontages, so with the merger of the parcels the permitted signage along the frontage of the previous parcels was greatly reduced. This type of large mixed-use development did not exist in the City when the current signage regulations were put in place, and like the Springline project, Middle Plaza has indicated they will not be able to attract commercial tenants without the allowance for additional signage.

Signage for other properties in specific plan area
Some properties within the specific plan area, which developed before the specific plan went into effect, were developed under planned development permits or conditional development permits, which allowed approval of master sign programs that exceeded the sign area permitted by the zoning ordinance. For example, Menlo Station (700-800 El Camino Real), which includes several large businesses fronting along El Camino Real, including Big 5 Sporting Goods, Staples, BevMo, CVS Pharmacy, Menlo Park Mongolian Barbeque, Atherton Fine Art and Lens Crafters, was developed under a planned development permit and includes a master sign program. Similarly, the shopping center that includes Safeway, located at 525 to 625 El Camino Real, was developed under a conditional development permit, which establishes a master sign program for the site.

The specific plan does not allow planned development permits or conditional development permits. A project in the specific plan could potentially apply for a sign variance, but the required variance findings likely would be difficult to make since the same hardship circumstances would apply to several parcels. As a result, newer projects such as Springline and Middle Plaza, may not be able to exceed the zoning ordinance signage limitations without the proposed zoning ordinance text amendment. Additionally, such projects would have difficulty attracting tenants without certainty about the amount of signage the entire project is allowed.

Consistency with the general plan and specific plan
General Plan Policy LU-4.D, states the Municipal Code requirements and design guidelines for off-site and on-site signage should be updated while providing for a method to encourage high-quality design in Page H-1.6
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org advertising for Menlo Park businesses. The proposed text amendments support this policy by allowing large specific plan parcels the signage area they need to attract tenants, while requiring review by the Planning Commission of a master sign program to ensure high quality design.

The specific plan includes a guiding principle to “generate vibrancy” within the specific plan, with a mix of retail, residential and office uses. Larger, mixed-use developments will help create vibrancy but they require additional sign area in order to attract commercial tenants and for those tenants to be successful. The proposed text amendment would allow the needed sign area for projects such as Springline and Middle Plaza to attract and support successful retail and office tenants.

Other jurisdictions’ signage regulations
Staff has reviewed the signage regulations in the Cities of Palo Alto and Redwood City as a comparison to the proposed zoning ordinance amendments since these cities have similar commercial corridors along El Camino Real. Although it is difficult to compare different types of regulations, the City of Palo Alto, appears to allow about the same amount of signage as the proposed zoning ordinance text amendment for similar projects, while the City of Redwood City, appears to allow more signage for similar projects, especially within its Downtown precise plan. As a result, Menlo Park’s current signage ordinance places businesses on large parcels at a disadvantage compared to businesses on similar parcels in Palo Alto or Redwood City.

The January 10, 2022 Planning Commission staff report (Attachment C) provides additional information on the signage regulations in Palo Alto and Redwood City and how these compare to the proposed signage regulations.

Conclusion
The zoning ordinance currently only allows disproportionally small sign areas relative to the buildings on larger parcels, and could negatively affect the vibrancy of the community-serving/retail and office components of such projects within the specific plan. The proposed zoning ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) would allow businesses on large parcels within the specific plan sufficient signage to be successful. The increased signage that would be permitted by the text amendment uses the same formula that would remain in place throughout the City, but would remove the caps for primary and secondary frontages to allow larger parcels within the specific plan to attract businesses and allow those businesses sufficient signage to be successful. (Larger properties elsewhere in the City have the option of applying for a conditional development permit to seek relief from the maximum sign area limits.) Staff has not received requests from property owners of other larger parcels for additional signage area. Review of a master sign program by the Planning Commission would be required, and limitations would be put in place for certain signage along building parapets. In addition, identification, and safety and directional signage would be exempt if reviewed as part of the master sign program. The proposed text amendment would allow comparable or smaller sign areas than those for similar projects/parcels in the Cities of Palo Alto and Redwood City. The Planning Commission and staff recommend that the City Council approve a zoning ordinance text amendment (Attachment A) to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown specific plan) zoning district. If the City Council introduces the ordinance February 8, 2022, staff would prepare the ordinance for adoption at the next regular meeting, which is currently scheduled for March 8, 2022.

Page H-1.7
Staff Report #: 22-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Impact on City Resources
The project sponsor is required to pay planning, building and public works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review
The proposed zoning ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code.

Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within the specific plan and within a 300-foot radius of the specific plan.

Attachments
A. Draft ordinance approving a zoning ordinance text amendment B. Location map
C. January 10, 2022 Planning Commission staff report
D. Hyperlink – Chapter 16.92 (Signs – Outdoor Advertising):
codepublishing.com/CA/MenloPark/#!/MenloPark16/MenloPark1692.html#16.92 E. Hyperlink – Design guidelines for signs: menlopark.org/DocumentCenter/View/254/Sign-and-AwningDesign-Guidelines Report prepared by:

Corinna Sandmeier, Acting Principal Planner
Report reviewed by:

Deanna Chow, Assistant Community Development Director
Page H-1.8
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING A ZONING ORDINANCE TEXT AMENDMENT TO MODIFY
MUNICIPAL CODE CHAPTER 16.92 (SIGNS-OUTDOOR ADVERTISING) TO

ALLOW INCREASED SIGNAGE FOR CERTAIN LARGE PROJECTS WITHIN

THE SP-ECR/D (EL CAMINO REAL/DOWNTOWN SPECIFIC PLAN) ZONING

DISTRICT
WHEREAS, the City of Menlo Park (“City”) received an application requesting a Zoning Ordinance text amendment from Cyrus Sanandaji, Presidio Bay Ventures (“Applicant”), on behalf of the property owner Real Social Good Investments, LLC (“Owner”) of a project located at 1300 El Camino Real (APN 061-430-490), for a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district; and WHEREAS, the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district encompasses El Camino Real, the Caltrain station area and downtown Menlo Park, and supports a variety of uses, including, retail, personal services, restaurants, business and professional offices, residential uses, public and semi-public uses, and transit uses; and WHEREAS, the Zoning Ordinance currently allows a maximum of 100 square feet of signage for a parcel’s primary frontage and 50 square feet of signage for a parcel’s secondary frontage, regardless of the length of the frontages or the total size of the parcel; and WHEREAS, the Zoning Ordinance currently allows the approved Springline project at 1300 El Camino Real, a mixed-use development consisting of non-medical office, residential, and community-serving uses on an approximately 6.4-acre site, with a total of approximately 224,000 square feet of non-residential uses and 183 dwelling units, signage area of 100 square feet on El Camino Real, and 50 square feet each on Oak Grove Avenue and Garwood Avenue for a total of 200 square feet; and
WHEREAS, the Zoning Ordinance currently allows the approved Middle Plaza at 500 El Camino Real project, a mixed-use development consisting of office, retail, and residential uses on an approximately 8.4-acre site, with a total of approximately 10,286 square feet of retail/restaurant, 142,840 square feet of non-medical office, and 215 residential units, only 100 square feet of total signage as El Camino Real is its only street frontage; and WHEREAS, given the length of the frontages of the Springline, Middle Plaza and similar projects, the permitted square footages for all signs visible from the right-of-way would be disproportionally small relative to the size of the buildings and would negatively affect the vibrancy of the office and non-office commercial, including community-serving retail and restaurant, components of these projects; and
WHEREAS, the City’s General Plan Policy LU-4.D, states the Municipal Code requirements and design guidelines for off-site and on-site signage should be updated while providing for a method to encourage high-quality design in advertising for Menlo Park businesses; and WHEREAS, other nearby jurisdictions, including the Cities of Palo Alto and Redwood City, allow far more signage along El Camino Real and their downtown areas for parcels with over 80 feet ATTACHMENT A Page H-1.9
of linear frontage, providing a disadvantage for businesses located on such large parcels within the City of Menlo Park; and
WHEREAS, the proposed Zoning Ordinance text amendment would • maintain the current formula for calculating the maximum sign area based on the length of a project’s frontage and allow increased signage by eliminating the 100-square foot “cap” on the total sign area for the primary frontage (along El Camino Real), as well as the 50 square foot “cap” on total signage per secondary frontage, provided that the maximum sign area on any frontage would be 1,000 square feet regardless of the length of the frontage;
• limit the area of any individual sign to a maximum of 50 square feet; • exempt signage identifying the name of the project, as well as safety and directional signage, from the overall allowable display area provided that the signage is approved pursuant to a Master Sign Program;
• limit signage at the building top parapet level to one-half a square foot of signage for each linear foot of frontage, for buildings with a mixture of office and other commercial uses; and
• require Planning Commission approval of a Master Sign Program for any project utilizing these proposed provisions of the Zoning Ordinance; and
WHEREAS, the City, as lead agency, pursuant to the California Environmental Quality Act and the CEQA Guidelines (“CEQA”) finds that the proposed text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code since any projects that would utilize the additional signage permitted would undergo their own environmental review pursuant to CEQA; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on January 10, 2022, the Planning Commission considered the proposed Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) as more fully described herein and below, and in making its recommendations to the City Council, recommended the City Council find the proposed text amendment exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code; and WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter voted affirmatively to recommend that the City Council of the City of Menlo Park make findings that the proposed Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is in compliance with all applicable State regulations and the City General Plan, and adopt an ordinance approving a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising); and
Ordinance No. XXXX

WHEREAS, following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 2022-01 to recommend that the City Council adopt an ordinance approving the proposed Zoning Ordinance text amendments, with revisions as incorporated into the text, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City Council has considered the Zoning Ordinance text amendment and the Council determines that the proposed text amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code.

The City Council of the City of Menlo Park does hereby ordain as follows:

SECTION 1. FINDINGS AND DETERMINATIONS
The City Council of the City of Menlo Park hereby finds and declares:

A. The Zoning Ordinance Text Amendment is in the public interest and will advance the health, safety, and general welfare of the City of Menlo Park and that the Zoning Ordinance Text Amendment is consistent with the Menlo Park General Plan and the El Camino Real/Downtown Specific Plan.

B. The Zoning Ordinance Text Amendment is in the public interest and will further the public health, safety, comfort, and general welfare because it would allow sufficient signage proportional to the frontage of large parcels within the Specific Plan, allowing vibrancy of commercial uses.

C. The Zoning Ordinance Text Amendment will not adversely affect the improvements in the neighborhood or the general welfare of the city because projects utilizing the new signage regulations would be subject to Planning Commission review of a Master Sign Program.

D. On February 8, 2022 the City Council held a public hearing and separately reviewed and considered all pertinent information, documents, exhibits, and all other evidence in the public record on the request including the Planning Commission’s recommendation. The City Council, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, finds that the Zoning Ordinance Text Amendment is appropriate and adopts a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (SignsOutdoor Advertising).

SECTION 2: RECITALS
That the Recitals herein are true and correct and incorporated and adopted as findings of the City Council as are fully set forth in this Ordinance.

SECTION 3. ZONING ORDINANCE TEXT AMENDMENT
That the Zoning Ordinance Text Amendment in compliance with all applicable City General Plan goals, policies and programs and therefore the City Council hereby approves the Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) as provided in Exhibit A to this ordinance, attached hereto and incorporated herein by this reference.

Ordinance No. XXXX

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council makes the following findings, based on its independent judgment after considering the Specific Plan EIR, the Infill EIR, and the Addendum, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. The proposed text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code.

SECTION 5. SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions, shall continue in full force and effect unless amended or modified by the City.

SECTION 6. EFFECTIVE DATE
This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law.

SECTION 7. PUBLICATION
The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Menlo Park, California and cause the same to be published in accordance with State law.

INTRODUCED on the eighth day of February, 2022.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the ____ day of ___, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Betsy Nash, Mayor
ATTEST:
_____________________________
Judi A. Herren, City Clerk
Ordinance No. XXXX

Exhibits
A. Zoning Ordinance Text Amendment
Ordinance No. XXXX

1. Section 1 Section 16.92.110(2) of the Menlo Park Municipal Code is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Section 16.92.110(2): Such signs will not exceed in total display area, measured in square feet, the ratio of total display area to lot primary frontage as shown on the attached graph, entitled "Figure No. 1," incorporated herein, and made a part of this chapter. The maximum display area permitted for any lot, regardless of the number of uses or tenants housed on a single lot, is one hundred square feet.

Notwithstanding the above, the one hundred square foot maximum shall not apply to lots located within the ECR/D-SP zoning district with primary frontage along El Camino Real, which may be permitted larger total display areas, subject to Planning Commission approval of a Master Sign Program, consistent with the following formulas:
(A) For non-residential uses, the maximum display area permitted for a lot with frontage along El Camino Real shall be determined by the formula used in Figure No. 1 (30’ + ((Frontage Length - 10’) x (8/7))) without regard to the one hundred square foot maximum. For any additional signage area authorized pursuant to this exception, the following standards shall also apply:
(1) Any individual sign shall be limited to a maximum of 50 square feet, and the total area of signage for a single project shall be limited to a maximum of 1,000 square feet per frontage (excluding any additional signage allocation for project identification, directional signage, or other signage allowed pursuant to Section 16.92.110(9)); and
(2) For buildings with a mixture of office and other commercial uses, the total display area of signs at the building top parapet level of a building on any frontage shall be limited to one-half a square foot of signage for each linear foot of frontage. For purposes of this section, “parapet” shall mean a low wall along the edge of a roof extending above the level of such roof.

2. Section 2. Section 16.92.110(3) of the Menlo Park Municipal Code is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Section 16.92.110(3): In the case of parcels of land having secondary frontage, signs may be located on such frontage, provided that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure No. 1 for such secondary frontage., and further provided that, subject to Planning Commission approval of a Master Sign Program, for any parcel within the ECR/D-SP zoning district with frontage on a street other than El Camino Real, the maximum total sign area on that frontage shall not exceed the formula of (0.5 EXHIBIT A Ordinance No. XXXX

x (30’ + ((non-ECR Frontage – 10’) x 8/7))) without regard to the 100 square foot maximum (50 square feet on secondary frontages) that applies in zoning districts other than the ECR-D-SP zoning district. The additional limitations on signage at the building top parapet level pursuant to the exception set forth in 16.92.110(2) shall also apply to such secondary frontage signage.

3. Section 3 Sections 16.92.110(9), 16.92.110(10) and 16.92.110(11) are hereby added to the Menlo Park Municipal Code to read as follows:

Section 16.92.110(9): Within the ECR/D-SP zoning district, any project shall be entitled to install signage identifying the name of the project. The display area of such project identification signage shall not count against the overall allowable display area which display area is calculated pursuant to sections 16.92.110(2) and 16.92.110(3), provided that the project identification signage is approved pursuant to a Master Sign Program. The Master Sign Program shall be approved by the Planning Commission pursuant to the provisions of section 16.92.110(11).

For purposes of this section “project” shall mean a development, including a building, or group of buildings, and associated open areas, designed and managed under common ownership and/or control, but shall not mean tenants of the development and/or building.

Section 16.92.110(10): Within the ECR/D-SP zoning district, safety and directional signage shall be exempt from the limits on signage display area, which display area is calculated pursuant to sections 16.92.110(2) and (3), provided that the safety and directional signage is approved pursuant to a Master Signage Program. The Master Sign Program shall be approved by the Planning Commission pursuant to the provisions of section 16.92.110(11). For purposes of this section, “safety and directional signage” shall mean signage providing information on directions, ingress and egress, parking access and location, accessibility, and other similar identifying information.

Section 16.92.110(11): Within the ECR/D-SP zoning district, any signage permitted pursuant to sections 16.92.110(9) and/or 16.92.110(10) and any signage in excess of 100 square feet on the primary frontage or in excess of 50 square feet on a secondary frontage shall require the review and approval of a Master Sign Program for the subject property. The review and approval of a Master Sign Program by the Planning Commission shall be subject to the following provisions:
(A) Prior to the installation of any signage on a property, the owner of the property shall submit an application for a Master Sign Program which identifies the number, size(s), locations (or alternative locations), structural design and materials of each type of signage proposed for the property and how those signs comply with the City’s applicable Design Guidelines for Signs.

Ordinance No. XXXX

(B) Following review by the director of community development or his/her designee, the proposed Master Sign Program shall be reviewed by the Planning Commission. The proposed Master Sign Program shall be approved unless the Planning Commission finds that signage specified by the Master Sign Program would not be compatible and harmonious with the buildings on the property or would otherwise be substantially inconsistent with the City’s Design Guidelines for Signs. The Planning Commission will also have the authority to grant exceptions from the City’s Design Guidelines for Signs so long as such changes will be compatible and harmonious with the overall project. With respect to project identification signage authorized under section 16.92.110(9), such signage shall be approved if the design of such signage is compatible with the project’s overall architecture and is appropriate in terms of its size and location within the project.
(C) After a Master Sign Program has been approved by the Planning Commission, any signs erected and maintained on the subject property shall be in conformity with the approved Program, and shall be reviewed and approved by the director of community development or his/her designee. (D) Any material amendments to an approved Master Sign Program shall be reviewed according to the same process and criteria as the initial Master Sign Program.

Ordinance No. XXXX

CITY OF MENLO PARK

LOCATION MAP

EL CAMINO REAL/DOWNTOWN SPECIFIC PLAN AREA
Scale: 1:12,000 Drawn By: CDS Checked By: CDS Date:2/8/2022 ATTACHMENT B Page H-1.17
Community Development

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
Planning Commission
Meeting Date: 1/10/2022
Staff Report Number: 22-004-PC
Public Hearing: Cyrus Sanandaji/1300 El Camino Real/Signage Amendment to the Zoning Ordinance
Recommendation
Staff recommends that the Planning Commission take the following actions on the proposed project:

Adopt a resolution recommending that the City Council adopt an ordinance approving a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district.(Attachment A).

Policy Issues
The Planning Commission should consider whether to make a recommendation to the City Council on the proposed Zoning Ordinance text amendment, including the revised formulas for calculating permitted signage based on street frontage lengths and commercial gross floor area, and a requirement for approval of a Master Sign Program by the Planning Commission. The Planning Commission will need to consider the potential amendments to the Sign Ordinance and whether the changes would be consistent with the City’s General Plan and Specific Plan. The City Council will ultimately consider whether the required findings can be made for the proposed Zoning Ordinance text amendment.

Background
The City Council approved the 1300 El Camino Real project (also known at the time as “Station 1300” and currently called “Springline”) on January 24 and February 7, 2017. The project is a mixed-use development consisting of non-medical office, residential, and community-serving uses on a 6.4-acre site, with a total of approximately 220,000 square feet of non-residential uses and 183 dwelling units. Applicable entitlements and agreements for this project included Architectural Control, Development Agreement, Tentative Map, Use Permit, Heritage Tree Removal Permits, and Below Market Rate (BMR) Housing Agreement.

On November 22, 2021, the Planning Commission conditionally approved revisions to the project that would increase it’s gross floor area by approximately 9,000 square feet, of which about 4,000 square feet would be commercial (office and community serving uses). The additional gross floor area required approval of Specific Plan amendments to increase the maximum Public Benefit Bonus-level floor area ratio (FAR) from

1.50 to 1.55 in the ECR NE-R District under certain circumstances, and an amendment to the approved Development Agreement. On December 7, 2021, the City Council held a public hearing and voted affirmatively to introduce two ordinances to amend the Specific Plan and the Development Agreement. On December 14, 2021, the City Council adopted the two ordinances.

The City Council previously directed that revisions be pursued to allow larger Specific Plan projects to receive larger signage allocations, subject to discretionary review. However, the drafting of these Sign ATTACHMENT C Page H-1.18
Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Ordinance and/or Specific Plan changes has been delayed and was not included as a City Council priority in 2020 or 2021. In consultation with staff, Springline has now proposed a Zoning Ordinance text amendment to increase the permitted signage for larger projects, which would apply to the entire El Camino Real/Downtown Specific Plan (“Specific Plan”) area, encompassing El Camino Real, the Caltrain station area and downtown Menlo Park. A map of the Specific Plan area is included as Attachment B.

On October 18, 2021, the Planning Commission held a study session on a previous proposal for a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) for larger projects within the Specific Plan area. Planning Commissioners provided the following feedback on the proposed Zoning Ordinance text amendments:
· General support for allowing larger projects within the Specific Plan, including Springline, additional signage to allow for successful commercial uses, especially retail; · Concerns about the possibility of very large signs;
· Concerns that signs along upper floors would not be regulated more stringently than signs along the first floor;
· Concerns about multi-story buildings with cluttered signage and the amount of signage allowed for offices uses;
· Questions about the applicability of the proposed Zoning Ordinance amendments to other projects; · Questions about how the signage allowed by the proposed amendments would compare to signage allowed in nearby jurisdictions; and
· Concerns about public outreach.

On December 13, 2021, the Planning Commission held a second study session on a revised proposal for a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs-Outdoor Advertising) for larger projects within the Specific Plan area. At this meeting, the applicant discussed outreach they had done since the first meeting, including outreach at farmers’ markets. The applicant also updated their proposal with the following revisions:
· Removal of the provision that would have allowed additional signage area for properties with multistory buildings;
· Addition of a maximum sign area of 50 square feet for individual business signs; · Limited office tenant signage to one sign per 100 feet of the applicable frontage and one groundmounted monument sign per office building (with the provision that a frontage over 150 feet would be rounded up);
· Added an exemption from the signage area limits for project identification and directional signage on a property with a frontage on El Camino Real, including signage identifying an overall mixed-use development, and directional signage such as entries to parking garages.

Planning Commissioners provided the following feedback on the proposed Zoning Ordinance text amendments at the December 13, 2021 study session:
· General support for allowing larger projects within the Specific Plan, including Springline, additional signage to allow for successful commercial uses, especially retail; · General support for the revisions made since the first study session; · General support for limiting office tenant signage to one-half square foot of sign area per each linear foot of frontage;
· Concerns that signs along upper floors would not be regulated more stringently than signs along the first floor; and
Page H-1.19
Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org · Questions about the Planning Commission’s review of master sign programs.

Analysis
Project description
The proposed Zoning Ordinance text amendment to update the signage regulations in the Specific Plan area includes maintaining the current formula for calculating the maximum sign area based on the length of a project’s frontage, while eliminating the 100 square foot cap on the total sign area for the primary frontage, as well as the 50 square foot cap on total signage per secondary frontage. The text amendment would also allow additional signage area, based on gross floor area, for projects with over 50,000 square feet of gross floor area.

Under the current Zoning Ordinance regulations, the entire Springline project would be allowed a total signage area of 100 square feet on El Camino Real, and 50 square feet each on Oak Grove Avenue and Garwood Avenue. Given the length of the frontages, these areas would be disproportionally small relative to the buildings, and could negatively affect the vibrancy of the community-serving/retail and office components of the project.

Similarly, the Middle Plaza (500 El Camino Real) project, a mixed-use development consisting of office, retail, and residential uses on an 8.4-acre site, with a total of approximately 10,286 square feet of retail/restaurant, 142,840 square feet of non-medical office, and 215 residential units, approved by the City Council on September 26 and October 10, 2017, would only be allowed 100 square feet of total signage as El Camino Real is it’s only street frontage.

Since the last study session, the applicant has revised the proposed Zoning Ordinance amendment, including the following revisions:
· Added additional language on the process for the proposed Master Sign Program review; · Eliminated the restriction on project identification signage that would prevent the use of a generally known consumer product or corporate entity;
· Eliminated the exclusion/exemption concept for project identification and directional signage and replaced it with an additional allowance of signage area based on the gross floor area of the overall project; and
· Revised the limit on office tenant signage to instead apply a limit on upper level commercial signage for buildings with a mixture of office and other commercial uses.

That applicant indicates the purpose of the revised proposal is to clarify the Planning Commission’s review of Master Sign Programs, and achieve approximately the same amount of project signage as presented at the second study session while avoiding possible legal issues if the text amendment utilizes “content-based” criteria.

The proposed ordinance amendment would amend Section 16.92.110 of the Zoning Ordinance with the underlined text:

Section 16.92.110(2): Such signs will not exceed in total display area, measured in square feet, the ratio of total display area to lot primary frontage as shown on the attached graph, entitled "Figure No. 1," incorporated herein, and made a part of this chapter. The maximum display area permitted for any lot, regardless of the number of uses or tenants housed on a single lot, is one hundred square feet. Notwithstanding the above, Page H-1.20
Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org the one hundred square foot maximum shall not apply to lots located within the ECR/D-SP zoning district with primary frontage along El Camino Real, which may be permitted larger total display areas, subject to Planning Commission approval of a Master Sign Program, consistent with the following formulas: (a) for non-residential uses, the maximum display area permitted for a lot with frontage along El Camino Real shall be determined by the formula used in Figure 1 (30’ + ((Frontage Length -10’) x (8/7))) without regard to the one hundred square foot maximum. For any additional signage area authorized pursuant to this exception, the following standards shall also apply: (1) any individual sign shall be limited to a maximum of 50 square feet, and the total area of signage for a single project shall be limited to a maximum of 1,000 square feet per frontage (excluding any additional signage allocation for project identification, directional signage, or other signage allowed pursuant to Section 16.92.110(9)), and (2) for buildings with a mixture of office and other commercial uses, the total display area of signs above the ground floor level of a building on any frontage shall be limited to one-half a square foot of signage for each linear foot of frontage.

Figure 1
Section 16.92.110(3): In the case of parcels of land having secondary frontage, signs may be located on such frontage, provided that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure No 1 for such secondary frontage, and further provided that, subject to Planning Commission approval of a Master Sign Program, for any parcel within the ECR/D-SP zoning district with frontage on a street other than El Camino Real, the maximum total sign area on that frontage shall not exceed the formula of (0.5 x (30 + ((non-ECR Frontage-10) x 8/7))) without regard to the 100 square foot maximum (50 square feet on secondary frontages) that applies in zoning districts other than the ECR-D-SP zoning district. The additional limitations on signage above the ground level pursuant to the exception set forth in

16.92.110(2) shall also apply to such secondary frontage signage.

Page H-1.21
Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Section 16.92.110(9): Additional Signage for Large Projects in ECR/D-SP Zoning District. Within the ECR/D-SP zoning district, any project with a gross floor area in excess of 50,000 square feet shall be permitted additional signage area beyond that authorized under Section 16.92.110(2) and (3), with such additional signage area to be calculated at one square foot of additional signage area for each 1,000 square feet of a project’s commercial gross floor area. Such additional signage area shall first be used for purposes of identifying the overall name of the project and directional signage, and any remaining area may be used for other signage purposes. Because project identification signage area may be located at a visuallyprominent position, the restriction on signage above the ground level set forth in Section 16.92.110(2) shall not apply to any signage identifying the name of the overall project.

Section 16.92.110(10): Within the ECR/D-SP zoning district, any signage permitted pursuant to Section

16.92.110(9), and any signage in excess of 100 square feet on the primary frontage or in excess of 50 square feet on a secondary frontage, shall require the review and approval of a Master Sign Program for the subject property. The review and approval of a Master Sign Program shall be subject to the following process:
(A) Prior to the installation of any signage on a property, the owner of the property shall submit an application for a Master Sign Program which identifies the number, size(s), locations (or alternative locations), structural design and materials of each type of signage proposed for the property and how those signs comply with the City’s applicable design guidelines for signs.
(B) Following review by the director of community development or his/her designee, the proposed Master Sign Program shall be reviewed by the Planning Commission at a public hearing. The proposed Master Sign Program shall be approved unless the Planning Commission finds that signage specified by the Master Sign Program would not be compatible and harmonious with the buildings on the property or would otherwise be substantially inconsistent with the City’s design guidelines for signs. The Planning Commission will also have the authority to grant exceptions from the City’s Sign Guidelines so long as such changes will be compatible and harmonious with the overall project.
(C) After a Master Sign Program has been approved by the Planning Commission, any signs erected and maintained on the subject property shall be in conformity with the approved Program, and shall be reviewed and approved by the director of community development or his/her designee. (D) Any material amendments to an approved Master Sign Program shall be reviewed according to the same process and criteria as the initial Master Sign Program.

The applicant indicates in their project description letter, that previous iterations of the proposed text amendments were designed to accomplish the following:
· Maintain the current formula for calculating the maximum sign area based on the length of a project’s frontage;
· For projects within the ECR/D-SP district, eliminate the 100 square foot “cap” on the total sign area for the primary frontage, as well as the 50 square foot “cap” on total signage per secondary frontage, provided that the maximum sign area on any frontage would be 1,000 square feet regardless of the length of the frontage;
· Establish a formula for calculating the maximum sign area for secondary frontages, or primary frontages not along El Camino Real, based on 50 percent of the (increased) maximum allowable signage area on the El Camino Real frontage;
· For any signage allowed on frontages, limit the area of any individual sign to a maximum of 50 square feet;
· For properties containing a mix of office and other commercial uses, provide that the number of signs identifying office tenants would be limited to one such sign for every 100 linear feet of frontage; and · Provide additional area for commercial and office signage by exempting certain project identification and directional signage from the overall signage area limits.

Page H-1.22
Staff Report #: 22-004-PC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org The applicant indicates they made the following revisions as a result of feedback received at the second study session and from the City Attorney:
· Added additional language on the process for the proposed Master Sign Program review by the Planning Commission for projects seeking more than 100 square feet of signage per primary frontage (or more than 50 square feet per secondary frontage);
· Eliminated the restriction on project identification signage that would prevent the use of a generally known consumer product or corporate entity due to first amendment concerns; · Eliminated the exclusion/exemption concept for project identification and directional signage and replaced it with an additional allowance of signage area for projects over 50,000 square feet in gross floor area, calculated at one square foot of additional signage area for each 1,000 square feet of a project’s commercial gross floor area; and
· Revised the limit on office tenant signage to instead apply a limit on upper level commercial signage due to first amendment concerns. (Buildings with a mixture of office and other commercial uses would be limited to one-half a square foot of upper level signage for each linear foot of frontage.) The updated proposal would allow projects in excess of 50,000 square feet of gross floor area additional signage area, which could be used for project information, directional signage or any other purpose. This additional signage area would equal one square foot of additional signage area for each 1,000 square feet of commercial gross floor area. This replaces a previously-proposed provision, included in the proposal reviewed at the second study session, which would have exempted project identification and directional signage from the sign area limit.

The Springline project includes approximately 224,0000 square feet of commercial gross floor area, meaning it would be allowed approximately 224 square feet of additional sign area. The applicant has indicated they anticipate using about 179 square feet for project identification and directional signage for the Springline project.

With the elimination of the proposed additional signage allowance for multistory buildings, which was proposed at the first study session, the Springline project would be limited to approximately 540 square feet of total signage along its El Camino Real frontage. With the inclusion of approximately 179 square feet for project identification and directional signage, Springline would have approximately 360 square feet for commercial (office and community serving uses) signage available. The applicant indicates 360 square feet of commercial signage would be insufficient for market needs. However, with the additional signage that would be allowed based on commercial gross floor area, Springline would be allowed the entire 540 square feet that would be allowed on Springline’s El Camino Real frontage, after removal of the 100 square foot cap, to be used for commercial signage, and up to approximately 224 square feet for project identification and directional signage, although this signage area could also be used for other types of signage.

The applicant indicates their proposal would not subject El Camino Real to the proposed secondary frontage limitation because it is a unique corridor. However, for any project with a secondary frontage other than along El Camino Real, the amount of signage area would be limited to one half of what the proposed formula would permit on the primary frontage.

In addition, the applicant indicates they are also seeking additional flexibility, compared to the current regulations in the Sign Design Guidelines (Attachment C), with respect to signage letter sizes (maximum 24 inches in letter size for the retail level, and 30 inches for the upper level, office uses). In an effort to Page H-1.23
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org streamline approval of the Zoning Ordinance text amendment, the applicant did not include these in their current proposal but indicates they would incorporate this into a Master Sign Program, when site-specific factors can be taken into account. The applicant also indicates they are interested in developing a formula for how sign area is allocated between multiple tenants in a single building that would be incorporated into their Master Sign Program.

The applicant has submitted a revised project description letter (Attachment D) and a revised massing study (Attachment E) with a series of elevation sheets that illustrate the various signs that could be permitted by the proposed text amendments, visible from Springline’s three frontages (El Camino, Oak Grove, and Garwood). It should be noted, the elevations, which also show possible signage locations, are only for illustrative purposes. If the text amendments are approved by City Council, Springline, like other projects utilizing the new regulations, would be required to submit a Master Sign Program for review and action by the Planning Commission.

Middle Plaza
As previously noted, the Middle Plaza at 500 El Camino Real project was approved by the City Council in 2017 with office, retail, and residential uses on an 8.4-acre site, with a total of approximately 10,286 square feet of retail/restaurant, 142,840 square feet of non-medical office, and 215 residential units. The property has approximately 1,600 feet of frontage along El Camino Real but under the current regulations would only be allowed 100 square feet of signage since it does not have a secondary frontage. The sign consultant for the project submitted a letter (Attachment F) of support for the Zoning Ordinance amendments as well plans showing a preliminary signage proposal for the Middle Plaza project.

Similar to the Springline project, the Middle Plaza property was created when several smaller parcels were merged to allow for a large mixed-use development. The permitted signage for each of the previous parcels was calculated based on their individual frontages, so with the merger of the parcels the permitted signage along the frontage of the previous parcels was greatly reduced. This type of large mixed-use development did not exist in the City when the current signage regulations were put in place, and like the Springline project, Middle Plaza has indicated they will not be able to attract commercial tenants without the allowance for additional signage.

Other Properties in Specific Plan
Some properties within the Specific Plan area, which developed before the Specific Plan went into effect, were developed under Planned Development permits or Conditional Development permits, which allowed approval of master sign programs that exceeded the sign area permitted by the Zoning Ordinance. For example, Menlo Station (700-800 El Camino Real), which includes several large businesses fronting along El Camino Real, including Big 5 Sporting Goods, BevMo, CVS Pharmacy, Menlo Park Mongolian Barbeque, Atherton Fine Art, and Lens Crafters, was developed under a Planned Development permit and includes a master sign program.

Similarly, the shopping center that includes Safeway, located at 525 to 625 El Camino Real, was developed under a Conditional Development Permit, which establishes a master sign program for the site with a maximum allowed sign area of 502 square feet.

The Specific Plan does not allow Planned Development permits or Conditional Development permits. A project in the Specific Plan could potentially apply for a sign variance, but the required variance findings would likely be difficult to make since the same hardship circumstances would apply to several parcels. As a result, newer projects such as Springline and Middle Plaza, may not be able to exceed the Zoning Ordinance signage limitations without the proposed Zoning Ordinance text amendment. Additionally, such projects would have difficulty attracting tenants without certainty about the amount of signage the entire Page H-1.24
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org project is allowed.

Consistency with the General Plan and Specific Plan
General Plan Policy LU-4.D, states the Municipal Code requirements and design guidelines for off-site and on-site signage should be updated while providing for a method to encourage high-quality design in advertising for Menlo Park businesses. The proposed text amendments support this policy by allowing large Specific Plan parcels the signage area they need to attract tenants, while requiring review by the Planning Commission of a Master Sign Program to ensure high quality design.

The Specific Plan includes a guiding principle to “Generate Vibrancy” within the Specific Plan, with a mix of retail, residential, and office uses. Larger, mixed-use developments will help create vibrancy but they require additional sign area in order to attract commercial tenants and for those tenants to be successful.

The proposed text amendment would allow the needed sign area for projects such as Springline and Middle Plaza to attract and support successful retail and office tenants.

Other jurisdictions
Staff has reviewed the signage regulations in the Cities of Palo Alto and Redwood City as a comparison to the proposed Zoning Ordinance amendments since these cities have similar commercial corridors along El Camino Real. Although it’s difficult to compare different types of regulations, the City of Palo Alto, appears to allow about the same amount of signage as the proposed Zoning Ordinance text amendment for similar projects, while the City of Redwood City, appears to allow more signage for similar projects, especially within its Downtown Precise Plan. As a result, Menlo Park’s current signage ordinance places businesses on large parcels at a disadvantage compared to businesses on similar parcels in Palo Alto or Redwood City.

The signage regulations of these two cities are further discussed below.

City of Palo Alto
For properties with 200 feet or more of frontage, the City of Palo Alto allows free standing signs up to five feet in height along commercial properties on El Camino Real up to a maximum of approximately 62 square feet in size, and free standing signs over five feet in height up to a maximum of approximately 72 square feet in size. One free standing sign is also permitted for each frontage and one additional sign is permitted for any portion of frontage in excess of 250 feet. In the case of frontage in excess of 250 feet, the portion of the frontage in excess of 250 feet is used to determine the size of the second free standing sign.

Palo Alto also allows wall signs based on wall area, which is defined as the height times the width of the wall on which the sign is located. In some commercial zones, up to 132 square feet of signage is permitted for a wall area of 5,000 square feet. In addition, for wall areas that exceed 5,000 square feet, the sign area may be increased by seven square feet for each 500 square feet of wall area, but no sign may exceed 203 square feet. Palo Alto requires design review for new and replacement signs, which may reduce the overall size permitted.

The proposed Zoning Ordinance text amendment would allow Springline 540 square feet of total signage along El Camino Real, where it has 456 feet of frontage. As a comparison, if Springline were located along El Camino Real in the City of Palo Alto, it would be allowed 203 square feet of signage for each of the office buildings, in addition to two free standing signs, for a total of approximately 550 square feet of signage along El Camino Real.

City of Redwood City
Redwood City’s Downtown Precise Plan Area consists of approximately one hundred eighty-three acres within the City’s historic center and provides specific signage regulations within the plan area, which includes portions of El Camino Real. Within the Precise Plan, each establishment is allowed one and onePage H-1.25 Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org half square feet of total sign for each foot of street frontage. For multi-tenant buildings, each establishment is calculated individually. Outside of the Precise Plan, the sign area does not apply individually and all tenants must be within the maximum size calculated as one and one-half square feet of total sign area for each foot of street frontage.

The signage regulations in the Precise Plan also include signs that do not count towards the total sign area permitted based on the length of the street frontage. For example, designated street frontages within the plan are allowed “Grand Projecting Signs”, which are tall, large, vertically oriented signs that project from the building perpendicular to the façade and are structurally integrated into the building. One projecting sign may be permitted per establishment.

The Precise Plan also allows “Grand Wall Signs”, which are large signs located on, and parallel to, large unfenestrated building wall areas, along certain streets. “Grand Wall Signs” may only be located on unfenestrated wall areas of at least 2,000 square feet in size. Only one “Grand Wall Sign” is permitted per establishment per façade but the area of “Grand Wall Signs” does not count towards the total sign area permitted based on street frontage. The total area of a “Grand Wall Sign” is not permitted to exceed 1,000 square feet or 25 percent of the total wall area, whichever is less.

Additionally, other signs of various sizes are permitted by Redwood City’s Downtown Precise Plan, such as marquee signs (canopy-like structures mounted over the entrance to a theater), which do not count towards the total sign area permitted based on street frontage.

As noted above, the proposed Zoning Ordinance text amendment would allow Springline 540 square feet of total signage along El Camino Real, where it has 456 feet of frontage. If Springline was located along El Camino Real in the City of Redwood City, but outside the Precise Plan, it would be allowed 684 square feet of signage along El Camino Real. If Springline was located within Redwood City’s Precise Plan, it would be allowed 684 square feet of signage per establishment or business, as well as additional signage as described above.

Correspondence
As previously mentioned, staff received one item of correspondence from the sign consultant for Middle Plaza prior to the second study session, which included drawings of their proposed signage locations and is again included as Attachment F for ease of reference. The applicant indicates they have conducted outreach including discussions within the local community and working with the Chamber of Commerce. Additionally, the applicant indicates the Chamber of Commerce has hosted them at several farmers markets including, most recently, on December 5 and December 8, 2021 at the Bon Marché Wednesday evening farmers market.

Conclusion
The Zoning Ordinance currently only allows disproportionally small sign areas relative to the buildings on larger parcels, and could negatively affect the vibrancy of the community-serving/retail and office components of such projects within the Specific Plan. The proposed Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) would allow businesses on large parcels within the Specific Plan sufficient signage to be successful. The increased signage that would be permitted by the text amendment uses the same formula that would remain in place throughout the City, but would remove the caps for primary and secondary frontages to allow larger parcels with the Specific Plan to attract businesses and allow those businesses sufficient signage to be successful. Upper level signage would be further limited, and some additional signage would be permitted based on gross floor area. The proposed text amendment would allow comparable or smaller sign areas than those for similar projects/parcels in the Cities of Palo Alto and Redwood City. Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 Page H-1.26
Staff Report #: 22-004-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org (Signs-Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district.

Impact on City Resources
The project sponsor is required to pay Planning, Building and Public Works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review
The proposed Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code.

Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within the Specific Plan and within a 300-foot radius of the Specific Plan.

Attachments
A. Draft Planning Commission Resolution Recommending that the City Council Approve Proposed Specific Plan Amendments
Exhibits to Attachment A:

Amendment to the Zoning Ordinance
B. Location Map
C. Hyperlink: Sign Design Guidelines:
https://www.menlopark.org/DocumentCenter/View/254/Sign-and-Awning-Design-Guidelines D. Project Description Letter
E. Springline Preliminary Signage Proposal
F. Middle Plaza Preliminary Signage Proposal and Letter

Report prepared by:

Corinna Sandmeier, Acting Principal Planner
Report review by:

Kyle Perata, Acting Planning Manager
Page H-1.27
Resolution No. 2022-xx
January 10, 2022
PLANNING COMMISSION RESOLUTION NO. 2022-xx

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MENLO PARK RECOMMENDING THAT THE CITY COUNCIL

APPROVE A PROPOSED ZONING ORDINANCE TEXT AMENDMENT
TO MODIFY MUNICIPAL CODE CHAPTER 16.92 (SIGNS-OUTDOOR

ADVERTISING) TO ALLOW INCREASED SIGNAGE FOR CERTAIN

LARGE PROJECTS WITHIN THE SP-ECR/D (EL CAMINO

REAL/DOWNTOWN SPECIFIC PLAN) ZONING DISTRICT
WHEREAS, the City of Menlo Park (“City”) received an application requesting a Zoning Ordinance text amendment from Cyrus Sanandaji, Presidio Bay Ventures (“Applicant”), on behalf of the property owner Real Social Good Investments, LLC (“Owner”) of a project located at 1300 El Camino Real (APN 061-430-490), for a Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) to allow increased signage for certain large projects within the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district; and
WHEREAS, the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district encompasses El Camino Real, the Caltrain station area and downtown Menlo Park, and supports a variety of uses, including, retail, personal services, restaurants, business and professional offices, residential uses, public and semi-public uses, and transit uses; and WHEREAS, the Zoning Ordinance currently allows a maximum of 100 square feet of signage for a parcel’s primary frontage and 50 square feet of signage for a parcel’s secondary frontage, regardless of the length of the frontages or the total size of the parcel; and
WHEREAS, the Zoning Ordinance currently allows the approved Springline project at 1300 El Camino Real, a mixed-use development consisting of non-medical office, residential, and community-serving uses on an approximately 6.4-acre site, with a total of approximately 224,000 square feet of non-residential uses and 183 dwelling units, a total signage area of 100 square feet on El Camino Real, and 50 square feet each on Oak Grove Avenue and Garwood Avenue; and
WHEREAS, the Zoning Ordinance currently allows the approved Middle Plaza at 500 El Camino Real project, a mixed-use development consisting of office, retail, and residential uses on an approximately 8.4-acre site, with a total of approximately 10,286 square feet of retail/restaurant, 142,840 square feet of non-medical office, and 215 residential units, only 100 square feet of total signage as El Camino Real is it’s only street frontage; and WHEREAS, given the length of the frontages of the Springline, Middle Plaza and similar projects, the permitted square footages for all signs visible from the right-of-way would be disproportionally small relative to the size of the buildings and would negatively

ATTACHMENT A
A1 Page H-1.28
Resolution No. 2022-xx
affect the vibrancy of the office and non-office commercial, including community-serving retail and restaurant, components of these projects; and WHEREAS, the City’s General Plan Policy LU-4.D, states the Municipal Code requirements and design guidelines for off-site and on-site signage should be updated while providing for a method to encourage high-quality design in advertising for Menlo Park businesses; and
WHEREAS, other nearby jurisdictions, including the Cities of Palo Alto and Redwood City, allow far more signage along El Camino Real and their downtown areas for parcels with over 80 feet of linear frontage, providing a disadvantage for businesses located on such large parcels within the City of Menlo Park; and
WHEREAS, the proposed Zoning Ordinance text amendment would (1) maintain the current formula for calculating the maximum sign area based on the length of a project’s frontage and allow increased signage by eliminating the 100-square foot “cap” on the total sign area for the primary frontage (along El Camino Real), as well as the 50 square foot “cap” on total signage per secondary frontage, provided that the maximum sign area on any frontage would be 1,000 square feet regardless of the length of the frontage, (2) allow additional signage for projects over 50,000 square feet in gross floor area, calculated at one square foot of additional signage area for each 1,000 square feet of a project’s commercial gross floor area, to be first used for purposes of identifying the overall name of the project and directional signage, with any remaining area permitted to be used for other signage purposes; (3) limit the area of any individual sign to a maximum of 50 square feet; (4) limit upper level signage to one-half a square foot of signage for each linear foot of frontage, for buildings with a mixture of office and other commercial uses, and (5) require Planning Commission approval of a Master Sign Program for any project utilizing these proposed provisions of the Zoning Ordinance; and
WHEREAS, the City, as lead agency, pursuant to the California Environmental Quality Act and the CEQA Guidelines (“CEQA”) finds that the proposed text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code since any projects that would utilize the additional signage permitted would undergo their own environmental review pursuant to CEQA; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on January 10, 2022, the Planning Commission considered the proposed the Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) as more fully described herein and below, and in making its recommendations to the City Council, recommended the City Council find the proposed text amendment exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section A2 Page H-1.29
Resolution No. 2022-xx
15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code; and
WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter voted affirmatively to recommend that the City Council of the City of Menlo Park make findings that the proposed Zoning Ordinance text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is in compliance with all applicable State regulations and the City General Plan, and adopt an ordinance approving the proposed Specific Plan Amendments.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menlo Park hereby recommends the following to the City Council:

Section 1: Recitals. That the City Council find that all of the facts in the Recitals are true and correct and incorporated and adopted as findings of the City Council as if fully set forth in this Resolution.

Section 2: Zoning Ordinance Text Amendment. That the City Council make the following findings that the Zoning Ordinance Text Amendment is in the public interest and will advance the health, safety, and general welfare of the City of Menlo Park and that the Zoning Ordinance Text Amendment is consistent with the Menlo Park General Plan.

Section 3: Approval of the Zoning Ordinance Text Amendment. That the City Council adopt an ordinance approving the proposed Zoning Ordinance text amendments attached hereto as Exhibit A and incorporated herein by this reference.

ENVIRONMENTAL REVIEW
The Planning Commission makes the following findings, based on its independent judgment after having reviewed and taken into consideration all written and oral information submitted in this matter:

A. The proposed text amendment to modify Municipal Code Chapter 16.92 (Signs Outdoor Advertising) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of significant environmental effects occurring as a result of the adoption of the text amendment to the Municipal Code.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining A3 Page H-1.30
Resolution No. 2022-xx
provisions of these findings, or their application to other actions related to the Project Revisions, shall continue in full force and effect unless amended or modified by the City.

I, Kyle Perata, Acting Planning Manager of the City of Menlo Park, do hereby certify that the above and foregoing Commission Resolution was duly and regularly passed and adopted at a meeting by said Commission on January __, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this ____ day of January, 2022.
______________________________
Corinna Sandmeier
Acting Principal Planner
City of Menlo Park
Exhibits
A. Proposed Text Amendments to the Zoning Ordinance
A4 Page H-1.31
Exhibit A

1. Section 1 Section 16.92.110(2) of the Menlo Park Municipal Code is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Section 16.92.110(2): Such signs will not exceed in total display area, measured in square feet, the ratio of total display area to lot primary frontage as shown on the attached graph, entitled "Figure No. 1," incorporated herein, and made a part of this chapter. The maximum display area permitted for any lot, regardless of the number of uses or tenants housed on a single lot, is one hundred square feet.

Notwithstanding the above, the one hundred square foot maximum shall not apply to lots located within the ECR/D-SP zoning district with primary frontage along El Camino Real, which may be permitted larger total display areas, subject to Planning Commission approval of a Master Sign Program, consistent with the following formulas: (a) for non-residential uses, the maximum display area permitted for a lot with frontage along El Camino Real shall be determined by the formula used in Figure 1 (30’ + ((Frontage Length -10’) x (8/7))) without regard to the one hundred square foot maximum. For any additional signage area authorized pursuant to this exception, the following standards shall also apply: (1) any individual sign shall be limited to a maximum of 50 square feet, and the total area of signage for a single project shall be limited to a maximum of 1,000 square feet per frontage (excluding any additional signage allocation for project identification, directional signage, or other signage allowed pursuant to Section 16.92.110(9)), and (2) for buildings with a mixture of office and other commercial uses, the total display area of signs above the ground floor level of a building on any frontage shall be limited to one-half a square foot of signage for each linear foot of frontage.

2. Section 2. Section 16.92.110(3) of the Menlo Park Municipal Code is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Section 16.92.110(3): In the case of parcels of land having secondary frontage, signs may be located on such frontage, provided that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure No. 1 for such secondary frontage., and further provided that, subject to Planning Commission approval of a Master Sign Program, for any parcel within the ECR/D-SP zoning district with frontage on a street other than El Camino Real, the maximum total sign area on that frontage shall not exceed the formula of (0.5 x (30 + ((non-ECR Frontage-10) x 8/7))) without regard to the 100 square foot maximum (50 square feet on secondary frontages) that applies in zoning districts other than the ECR-D-SP zoning district. The additional limitations on signage A5 Page H-1.32
above the ground level pursuant to the exception set forth in 16.92.110(2) shall also apply to such secondary frontage signage.

3. Section 3 Sections 16.92.110(9) and 16.92.110(10) are hereby added to the Menlo Park Municipal Code to read as follows:

Section 16.92.110(9): Additional Signage for Large Projects in ECR/D-SP Zoning District. Within the ECR/D-SP zoning district, any project with a gross floor area in excess of 50,000 square feet shall be permitted additional signage area beyond that authorized under Section 16.92.110(2) and (3), with such additional signage area to be calculated at one square foot of additional signage area for each 1,000 square feet of a project’s commercial gross floor area. Such additional signage area shall first be used for purposes of identifying the overall name of the project and directional signage, and any remaining area may be used for other signage purposes. Because project identification signage area may be located at a visually-prominent position, the restriction on signage above the ground level set forth in Section 16.92.110(2) shall not apply to any signage identifying the name of the overall project.

Section 16.92.110(10): Within the ECR/D-SP zoning district, any signage permitted pursuant to Section 16.92.110(9), and any signage in excess of 100 square feet on the primary frontage or in excess of 50 square feet on a secondary frontage, shall require the review and approval of a Master Sign Program for the subject property. The review and approval of a Master Sign Program shall be subject to the following process:
(A) Prior to the installation of any signage on a property, the owner of the property shall submit an application for a Master Sign Program which identifies the number, size(s), locations (or alternative locations), structural design and materials of each type of signage proposed for the property and how those signs comply with the City’s applicable design guidelines for signs. (B) Following review by the director of community development or his/her designee, the proposed Master Sign Program shall be reviewed by the Planning Commission at a public hearing. The proposed Master Sign Program shall be approved unless the Planning Commission finds that signage specified by the Master Sign Program would not be compatible and harmonious with the buildings on the property or would otherwise be substantially inconsistent with the City’s design guidelines for signs. The Planning Commission will also have the authority to grant exceptions from the City’s Sign Guidelines so long as such changes will be compatible and harmonious with the overall project. (C) After a Master Sign Program has been approved by the Planning Commission, any signs erected and maintained on the subject property shall be in conformity with the approved Program, and shall be reviewed and approved by the director of community development or his/her designee.

A6 Page H-1.33
(D) Any material amendments to an approved Master Sign Program shall be reviewed according to the same process and criteria as the initial Master Sign Program.

A7 Page H-1.34

CITY OF MENLO PARK

LOCATION MAP

EL CAMINO REAL/DOWNTOWN SPECIFIC PLAN AREA
Scale: 1:12,000 Drawn By: CDS Checked By: CDS Date:10/18/2021

ATTACHMENT B
B1 Page H-1.35
15982.004 4855-6918-6568.1
Springline Project/Sign Ordinance Amendment
(Updated January 5, 2022)
Proposed Amendment to the Signs–Outdoor Advertising (Signage) Requirements Applicable to the El Camino Real and Downtown Specific Plan Area

1. Introduction
When the City approved the Station 1300 Project (now renamed “Springline”) in January 2017, City staff’s recommendation acknowledged that the limitations on sign area in Chapter 16.92 of the City’s Code should be revised in order to make the Project commercially viable, and indicated a general intent that an amendment to authorize a more appropriate amount of display area should be considered prior to occupancy. Over the past several months, the new manager of the Project, Presidio Bay Ventures, has engaged in informal discussions with City staff about the scope of an amendment to the City’s signage ordinance, now that prospective tenants have been identified and more information is available regarding market conditions and tenant preferences. In order to ensure that this issue is presented to the City Council in a timely manner, Presidio Bay is now submitting an application for a Zoning Text Amendment (applicable solely to the area subject to the El Camino Real and Downtown Specific Plan) that would allow for signage appropriate to the Project’s scale and current market conditions. These amendments are intended to ensure that the Project’s community-serving retail and office components are successful, consistent with the outcome that we understand the City wants and deserves; in addition, the additional signage this amendment would allow should also be appropriate for the rest of the Specific Plan area.

The proposed amendments have undergone several iterations in response to feedback from the Planning Commission. The current proposal, which is discussed in greater detail below, is intended to be presented to the Planning Commission in January 2022 for a formal recommendation to the City Council.

By way of background, the previous iteration of the proposed text amendment presented to the Planning Commission in December 2021 was intended to accomplish the following objectives:
· Maintain the current formula for calculating the maximum sign area based on the length of a project’s frontage (although a more simplified formula that results in a very similar signage area may also be considered as previously discussed with City staff). · For projects within the ECR/D-SP district, eliminate the 100 square foot “cap” on the total sign area for the primary frontage, as well as the 50 square foot “cap” on total signage per secondary frontage, provided that the maximum sign area on any frontage shall be 1,000 square feet regardless of the length of frontage.
· Establish a formula, also applicable only within the ECR/D-SP district, for calculating the maximum sign area for secondary frontages based on 50% of the (increased) maximum allowable signage area on the primary frontage.

ATTACHMENT D
D1 Page H-1.36
15982.004 4855-6918-6568.1
· Provide additional area for commercial and office signage by exempting certain project identification and directional signage from the overall signage area limits (for reference, the Springline project will be requesting approximately 179 square feet of desired project identification and directional signage).
· For any signage allowed on frontages, limit the area of any individual sign to a maximum of 50 square feet.
· For properties containing a mix of office and other commercial uses, provide that the number of signs identifying office tenants would be limited to one such sign for every 100 linear feet of frontage.

As a result of feedback heard during the second Planning Commission study session, the Applicant has further revised the proposal as follows:
· Add a provision setting forth the process for a property owner to apply for, and for the Planning Commission to review/approve, a Master Sign Program for projects seeking more than 100 square feet of signage per frontage (or more than 50 square feet on secondary frontages).
· Revise the limit for commercial tenant signage to limit the overall office tenant sign area, rather than limit the number of signs, based on ratio of 1/2 square feet of commercial sign area for each linear foot of frontage.

In addition, two other changes are proposed based on input from the City Attorney:
· Eliminate the exclusion/exemption concept for project identification and directional signage and replace it with an additional allowance of signage area based on the gross floor area of the overall project. Specifically, the updated proposal adds a proposed amendment that allow larger projects in excess of 50,000 square feet of gross floor area additional signage area, which could be used for project information, directional signage and any additional signage purpose, based on a formula of one square foot of additional signage area for each 1,000 square feet of commercial gross floor area. This replaces the previouslyproposed provision which would have exempted project identification and directional signage from the sign area limit. For the Springline project, with an overall commercial gross floor area of about 224,000 square feet, this additional allocation would result in approximately 224 square feet of additional sign area, of which the Springline project would anticipate using about 179 square feet for project identification and directional signage. This alternative approach would result in a very similar amount of overall allowable signage for the Springline project as the previously-suggested exclusion for project identification and directional signage.
· Revise the limit on office tenant signage to instead apply a limit on upper level commercial signage (i.e., regulate signage located above the ground level) due to first amendment concerns.

D2 Page H-1.37
15982.004 4855-6918-6568.1
The purpose of these revisions is to achieve the same amount of project signage as that presented at the second study session while avoiding possible legal issues if the amendments utilize “contentbased” criteria.

It is important to note that any signage that would be permitted pursuant to these proposed amendments would all be subject to the City’s existing Code and Sign Guidelines with regard to such factors as lighting, limitations on bright colors, etc. Once a Master Signage Program is approved by the Planning Commission, specific signs could be approved administratively so long as they are consistent with the Master Signage Program.

In support of the revised application, Presidio Bay Ventures is resubmitting the following information:
· A table that shows (1) the maximum permitted sign area on each frontage under the current regulations, (2) the increased sign area under the proposed formulas, and (3) the corresponding maximum sign area that could be permitted for the Project, based on frontage lengths, for illustrative purposes only.
· A massing study with a series of elevation sheets that illustrates the various signs that could be permitted by the proposed text amendments visible from the Project’s three frontages (El Camino, Oak Grove, and Garwood). (The elevations, which also show possible signage locations, are again for illustrative purposes only; assuming the text amendment is approved, any project would be required to submit a Master Sign Program for approval.) · An updated explanation of the proposed text amendments and suggested amendment language.

The proposed language would allow the additional sign area which Presidio Bay Ventures believes is necessary to accommodate the minimum requirements or expectations for retail and office and other commercial tenants in today’s market and avoid “empty storefront” scenarios. This includes amendments to Section 16.92.110 subsection (2) for the primary frontage and subsection (3) for the secondary frontages, as well as a new Section 16.92.110 subsection (9) that provides an additional area allocation of signage applicable to larger projects greater than 50,000 square feet of commercial gross floor area that would help accommodate the Project’s identification and directional signage needs.

2. Context and Rationale
Our suggested approach to increasing sign area based on project dimensions (e.g., length of frontages) is informed by a number of considerations, as follows:
· In response to input from staff, we incorporated the current formula used for the “Figure 1” display area calculation and generally seek to retain the current structure of the City’s signage ordinance to the extent practicable.

D3 Page H-1.38
15982.004 4855-6918-6568.1
· Regardless of the length of a project’s primary frontage, the total area of signage on any property would be limited to a maximum of 1,000 square feet. · Our proposal maintains the current limitation on sign area for the secondary frontage to 50% of the maximum sign area that would be permitted if it was a primary frontage, unless the secondary frontage is along El Camino Real in which case the 50% limit would not apply. The rationale for this concept within the ECR/Downtown district is that El Camino Real is a unique corridor. In our proposal, the greater allowance therefore applies to El Camino Real (whether it’s the primary frontage or not); other streets in the Specific Plan area, except for El Camino Real, would be subject to the secondary frontage limitation. In other words, for any project with a secondary frontage other than along El Camino Real, the amount of signage area would be limited to one half of what our proposed formula would permit on the primary frontage. · The updated signage massing study illustrates the general conceptual appearance of the Project’s signage that would be allowed consistent with our proposal, with individual signs specifically limited to 50 square feet. It is anticipated that most individual signs at the ground floor level would not exceed about 25 square feet. We are also seeking additional flexibility, compared to the current signage regulations, with respect to signage letter sizes (maximum 24 inches in letter size for the retail level, and 30 inches for the upper level, office uses). Those provisions could be added to our draft language, but we are mindful of the desire to not complicate matters. We believe that the letter sizes should be addressed during the review of the Master Sign Program, when sitespecific factors can be taken into account. · During the study sessions, Planning Commissioners indicated that they were most favorable to the concept of removing the 100 square feet (and 50 square feet) caps for retail/ground floor signage, but were concerned about an excessive number of signs (which presumably would be located on the upper levels of the buildings) for office tenants. Therefore, we are also proposing that for properties including both retail and office uses, that the area of signs on the upper levels of a building be limited to one half square foot of sign area for each linear foot of the frontage, which would have the effect of limiting the total amount of signage on the upper levels of the buildings. (For reference, the current intent for the Springline project is to provide each office building with one office sign directly facing El Camino, and one office sign for each office building facing the central courtyard but visible from El Camino; the specifics regarding these signs would be set forth in the required Master Signage Program.) · In addition to proposing to remove the 100 (and 50) square foot caps on signage area that would result from applying the Figure 1 formula, we are also proposing that the signage ordinance be amended to provide an additional signage allocation for large projects in the Specific Plan area, based upon the gross floor area of a specific project, for project identification, directional, and other signage needs; note that this is in lieu of the previously proposed exemption or exclusion concept for identification and directional signage. This additional allocation (which would amount to approximately 224 square feet based on the Springline project’s 224,000 square feet of commercial D4 Page H-1.39
15982.004 4855-6918-6568.1
GFA) would provide necessary additional sign area for such purposes as 1) project identification signage, such as the “Springline” sign that will be installed on an archway between the two office buildings, 2) for directional or “wayfinding” signage, such as signage showing the entry to the parking garage, the location of the dog park, directories of tenant locations and similar wayfinding, and 3) any other purposes, including signage for office and retail tenants. This additional signage allocation for larger projects, calculated on the basis of their commercial gross floor area, replaces the proposal discussed at the second study session which would have exempted project identification and directional signage from the overall limit on sign area. This change is being proposed in response to concerns raised by the City Attorney’s office. · The City’s Design Guidelines for Signs provides a formula for how sign area is allocated between multiple tenants in a single building. That formula seems problematic with respect to a project with multiple frontages and different users on multiple floors of a project. We are proposing to address this topic as part of the Master Sign Program process rather than by the Design Guidelines formula, which does not apply easily to a multi-story situation involving upper story office tenants. · Our proposal limits the increases in maximum sign area and supplemental sign area allocation to projects subject to the Specific Plan. Of course, we are mindful of the fact that the current signage area limitations also apply to signage in other areas of the city; but for a variety of reasons, our preference would be for the current proposal to allow additional signage area to be narrowly tailored to the Specific Plan area and not apply city-wide. For one, properties in other areas are likely to be subject to different constraints and market conditions as compared to the Specific Plan area. In addition, applying the contemplated amendments city-wide would inevitably delay the adoption of these amendments and would therefore be prejudicial to the Project’s ability to attract high-quality tenants by requiring analysis of a far greater variety of situations than exists within the Specific Plan area. Further, sizable developments in the Specific Plan area with long frontages, including Springline and Middle Plaza, are coming online now or in the very near future. The failure to address these large new projects’ signage needs in the near-term by adopting the proposed amendments is likely to negatively affect the viability of attracting high-quality retail and office tenants to newly constructed Specific Plan projects which is contrary to the Specific Plan’s vision for a more vital and vibrant area. Therefore, from a policy perspective, we are requesting that the City adopt the proposed signage changes in the near future for the Specific Plan area only, while deferring consideration of these or similar changes to signage rules for other parts of the City until a future time.

3. Proposed Text Amendment (proposed new text underlined) Section 16.92.110(2): Such signs will not exceed in total display area, measured in square feet, the ratio of total display area to lot primary frontage as shown on the attached graph, entitled "Figure No. 1," incorporated herein, and made a part of this chapter. The maximum display area permitted for any lot, regardless of the number of uses or tenants housed on a single lot, is one hundred square feet. Notwithstanding the above, the one hundred square foot maximum shall not D5 Page H-1.40
15982.004 4855-6918-6568.1
apply to lots located within the ECR/D-SP zoning district with primary frontage along El Camino Real, which may be permitted larger total display areas, subject to Planning Commission approval of a Master Sign Program, consistent with the following formulas: (a) for non-residential uses, the maximum display area permitted for a lot with frontage along El Camino Real shall be determined by the formula used in Figure 1 (30’ + ((Frontage Length -10’) x (8/7))) without regard to the one hundred square foot maximum. For any additional signage area authorized pursuant to this exception, the following standards shall also apply: (1) any individual sign shall be limited to a maximum of 50 square feet, and the total area of signage for a single project shall be limited to a maximum of 1,000 square feet per frontage (excluding any additional signage allocation for project identification, directional signage, or other signage allowed pursuant to Section

16.92.110(9)), and (2) for buildings with a mixture of office and other commercial uses, the total display area of signs above the ground floor level of a building on any frontage shall be limited to one-half a square foot of signage for each linear foot of frontage.

Section 16.92.110(3): In the case of parcels of land having secondary frontage, signs may be located on such frontage, provided that the total sign area thereon shall not exceed one-half the maximum sign area allowed by Figure No 1 for such secondary frontage, and further provided that, subject to Planning Commission approval of a Master Sign Program, for any parcel within the ECR/D-SP zoning district with frontage on a street other than El Camino Real, the maximum total sign area on that frontage shall not exceed the formula of (0.5 x (30 + ((non-ECR Frontage10) x 8/7))) without regard to the 100 square foot maximum (50 square feet on secondary frontages) that applies in zoning districts other than the ECR-D-SP zoning district. The additional limitations on signage above the ground level pursuant to the exception set forth in 16.92.110(2) shall also apply to such secondary frontage signage.

Section 16.92.110(9): Additional Signage for Large Projects in ECR/D-SP Zoning District.

Within the ECR/D-SP zoning district, any project with a gross floor area in excess of 50,000 square feet shall be permitted additional signage area beyond that authorized under Section 16.92.110(2) and (3), with such additional signage area to be calculated at one square foot of additional signage area for each 1,000 square feet of a project’s commercial gross floor area. Such additional signage area shall first be used for purposes of identifying the overall name of the project and directional signage, and any remaining area may be used for other signage purposes. Because project identification signage area may be located at a visually-prominent position, the restriction on signage above the ground level set forth in Section 16.92.110(2) shall not apply to any signage identifying the name of the overall project.

Section 16.92.110(10): Within the ECR/D-SP zoning district, any signage permitted pursuant to Section 16.92.110(9), and any signage in excess of 100 square feet on the primary frontage or in excess of 50 square feet on a secondary frontage, shall require the review and approval of a Master Sign Program for the subject property. The review and approval of a Master Sign Program shall be subject to the following process:
(A) Prior to the installation of any signage on a property, the owner of the property shall submit an application for a Master Sign Program which identifies the number, size(s), locations (or alternative locations), structural design and materials of each type of signage proposed for the property and how those signs comply with the City’s applicable design guidelines for signs.

D6 Page H-1.41
15982.004 4855-6918-6568.1
(B) Following review by the director of community development or his/her designee, the proposed Master Sign Program shall be reviewed by the Planning Commission at a public hearing.

The proposed Master Sign Program shall be approved unless the Planning Commission finds that signage specified by the Master Sign Program would not be compatible and harmonious with the buildings on the property or would otherwise be substantially inconsistent with the City’s design guidelines for signs. The Planning Commission will also have the authority to grant exceptions from the City’s Sign Guidelines so long as such changes will be compatible and harmonious with the overall project.
(C) After a Master Sign Program has been approved by the Planning Commission, any signs erected and maintained on the subject property shall be in conformity with the approved Program, and shall be reviewed and approved by the director of community development or his/her designee.
(D) Any material amendments to an approved Master Sign Program shall be reviewed according to the same process and criteria as the initial Master Sign Program. * * *
D7 Page H-1.42

12.03.2021

ATTACHMENT E
E1 Page H-1.43
SHEET 5 TENANT SIGNAGE

TENANT SIGNAGE

ON EL CAMINO REAL PROJECT ID

SIGNAGE
E2 Page H-1.44
SHEET 6 0BL
(SPWF
"WFOVF
550-E 550-A

MULTI-FUNCTION
SPACE
66 TENANT SIGNAGE ALTERNATE SIGNAGE TENANT SIGNAGE ALTERNATE SIGNAGE

RESIDENTIAL
CAFE Total Square Footage of
Commercial Signage Shown
E3 Page H-1.45
(BSXPPE
8BZ 0BL
(SPWF

"WFOVF
SHEET 7
NOTE: SIGNAGE IS VISIBLE

FROM BOTH OAK GROVE

AND GARWOOD BUT IS

ALLOCATED TO OAK
GROVE ON TOTALS;

SUBJECT TO FURTHER

DISCUSSION AS TO

ALLOCATION OF SIGNAGE

VISIBLE / POTENTIALLY

VISIBLE FROM MULTIPLE
STREETS.

RESIDENTIAL

AMENITY

TENANT SIGNAGE ALTERNATE SIGNAGE
Total Square Footage of
Commercial Signage Shown
E4 Page H-1.46

&M
$BNJOP
3FBM SHEET 8 1300-E
1300-C 1300-A
100 213 Total Square Footage of
Commercial Signage Shown TENANT SIGNAGE ALTERNATE SIGNAGE E5 Page H-1.47
SHEET 9
NOTE: THOUGH THIS

SOUTH FACING SIGNAGE

MAY BE SOMEWHAT

VISIBLE FROM OAK

GROVE, IT IS ALLOCATED

TO ECR IN SUMMARY
SIGNAGE NUMBERS.

OFFICE BUILDING SOUTH
&M
$BNJOP
3FBM
TENANT SIGNAGE ALTERNATE SIGNAGE
26 Total Square Footage of
Commercial Signage Shown
E6 Page H-1.48
&M
$BNJOP
3FBM
Note: Possibly visible from Garwood Note: Signage area allocated to ECR, though visibility limited due to angle SHEET 10 100 82 TENANT SIGNAGE ALTERNATE SIGNAGE &M
$BNJOP
3FBM 100 Total Square Footage of
Commercial Signage Shown
E7 Page H-1.49
Note: Signage area allocated to ECR, though visibility limited due to angle Note: Possibly visible from Garwood &M
$BNJOP
3FBM

&M
$BNJOP
3FBM
SHEET 11 1302-C 1302-A 1302-C 1302-A 94 TENANT SIGNAGE ALTERNATE SIGNAGE Total Square Footage of
Commercial Signage Shown
E8 Page H-1.50
&M
$BNJOP
3FBM SHEET 12 SHEET 12
&M
$BNJOP
3FBM
1302-A 1302-C 1302-E 1302-E 212 212 TENANT SIGNAGE ALTERNATE SIGNAGE PROJECT ID SIGNAGE ZONE KEY Total Square Footage of Commercial Signage Shown 9'-11" 1'-3" 162
E9 Page H-1.51
(BSXPPE
8BZ SHEET 13 TENANT SIGNAGE ALTERNATE SIGNAGE
Total Square Footage of
Commercial Signage Shown
E10 Page H-1.52
18' - 0" > 15' Sidewalk Min.

SHEET 14 &M
$BNJOP
3FBM
OFFICE

BUILDING
SOUTH
OFFICE

BUILDING
NORTH

NORTH & SOUTH OFFICE BUILDING - WEST ELEVATION ENLARGED ELEVATION

PROJECT ID SIGNAGE

ZONE KEY
E11 Page H-1.53
SHEET 15

RESIDENTIAL

BUILING RESIDENTIAL BUILDING - EAST ELEVATION ENLARGED ELEVATION 9'-11" 1'-3"

PROJECT ID SIGNAGE
ZONE KEY (BSXPPE
8BZ
E12 Page H-1.54
Total Springline Signage Requirement
Project ID
(Parking/etc) Commerical Total Visible
Proposed Maximum Signage Area
Under Proposed Amendment
Visible from
El Camino Real 178 SF 477 SF 655 SF 764 SF
Visible from Oak Grove 41 SF 90 SF 131 SF 165 SF
Visible from Garwood Way 234 SF 150 SF 384 SF 402 SF
TOTAL 453 SF 717 SF 1,170 SF 1,332 SF
Columns above reflect areas of signage shown in massing study sheets Maximum Signage Area Existing and Proposed Rules
Total Lot Linear
Frontage
(in feet)
at
Springline
Current Signage:

Allowable Square
footage per Menlo
Park City Code
(Primary Max 100
Secondary Max
50)
Original Proposal
Signage:

Two-Component
Approach
2nd Study Session
Proposal Signage:

Cap revision with
Project ID Signage
Component
Final Proposed Signage
Amendment (Jan. 2022):

Primary Façade:
(30+((FRONTAGE-10)*(8/7)))
Secondary Façade:

0.5*(30+((FRONTAGE-10)*(8/7)))
Additional Allocation for Large
Commercial Projects +50,000 GFA:
1 SF of Signage/1,000 SF of
Commercial GFA
(1 * (224,103 GFA / 1,000))
El Camino Real - Primary 456 100 1,079 718 764* SF
Oak Grove - Secondary 273 50 165 165 165 SF
Garwood Way - Secondary 688 50 402 402 402 SF
TOTALS 1,417 200 SF 1,646 SF 1,285 SF 1,332 SF
*540 sf based on frontage; 224 sf based on GFA
E13 Page H-1.55
December 13, 2021
Corinna D. Sandmeier
City of Menlo Park
701 Laurel St.

Menlo Park, CA
RE: Proposed Zoning Ordinance text amendment (Signage)
ScottAG is a multi-disciplinary signage design and manufacturing studio located in Sonoma County. We provide signage design and consulting services in the US and abroad. We have extensive experience in developing sign programs for commercial, residential, retail, office, and mixed-use projects. Our work includes entitlement and permitting in many municipalities.

We have worked along El Camino Real in Menlo Park and adjacent Peninsula communities extensively over the past 10 years primarily on residential and mixed-use projects. I was in the audience for the previous Planning Commission study session regarding the proposed text amendment and have carefully reviewed the updated proposal being considered tonight.

ScottAG has been contracted to design signage for the Middle Plaza project. We have a keen interest in the outcome of this process. The Middle Plaza project is also located in the El Camino Real and Downtown Specific Plan area and faces the same issues around the zoning code language relative to signage as the Springline project. The critical issue regarding signage is the imposition of the 100sf of sign area per parcel cap. It is critical that the City of Menlo Park continues the process to address the need for additional signage allowance for projects of this type that was originally recognized by staff in 2017. Our comments here reflect our general support for the text amendment and outline questions remaining to ensure that the needs for our project can be accommodated.

The Middle Plaza project has over 1600lf of frontage on El Camino Real and no secondary frontages.

The attached massing study is based on project identification, directional, and address signage designed for the residential project and projected tenant signage (as well as project identification, directional, and address signage) required for the office and retail components. The elevations clearly demonstrate the light touch that our proposed level of signage will have on a project of this scale. The elevations reflect signage which would be allowed under the proposed text amendment for the following reasons which we support:
- The continuing use of the current 1sf / 1lf of sign area allowance with an updated 1,000sf cap.
- Caps size of each individual sign at 50sf.
- Allow 1 (one) single or multi-tenant monument sign per office building.

ATTACHMENT F
F1 Page H-1.56
- Continues to enforce all elements of the current zoning code regarding sign height, location, colors, lighting.

There are a handful of questions we believe require further study and consideration:
- The primary controls on the amount of signage are maximum total signage square footage per project frontage footage (lf) and the maximum sign size. In addition, Springline has proposed limiting the number of office tenant signs on a mixed office/retail building. This limit to one office tenant sign per 100lf of lot primary frontage (or fraction thereof) assumes the sign would be the maximum 50sf This may not be the case - - smaller office tenant signage may be used - - and we would propose that the office tenant signage limit for a mixed building should be 50sf times the multiple the lot primary frontage is of 100lf, not a specified number of signs which is not cognizant of signage size. - As the Springline proposal suggests we would like to see the formula for allocation of signage amongst tenants suspended and allow that distribution to be handled in the Master Sign Program process with staff have perview over the applicant’s proposal.

I would be happy to answer any questions regarding the proposed Middle Plaza signage program. I will be attending the Monday 12/13 meeting.

Sincerely,
Michael Burch
ScottAG
Principal
F2 Page H-1.57

SCOTT AG, LLC

ENVIRONMENTAL GRAPHICS
SCOTTAG.COM
Environmental Graphics
December 08, 2021
400 A-C El Camino Real
Menlo Park, California
#5423-100

MIDDLE PLAZA
F3 Page H-1.58
400 ECR
MENLO PARK, CA#5423-100

MIDDLE PLAZA
SIGNAGE MATRIX 0.1 SCHEMATIC DESIGN DECEMBER 08, 2021
PD PARKING DIRECTIONAL, Size A

PD PARKING DIRECTIONAL

PB PARKING DIRECTIONAL BLADE

PT TRANSIT PEDESTRIAN DIRECTIONAL

OM OFFICE MONUMENT

OA HALO-LIT BUILDING ADDRESS

RB RETAIL BLADE SIGN
OT OFFICE BUILDING TENANT SIGN, Size AOT OFFICE BUILDING TENANT SIGN, Size B

OR RETAIL TENANT

RESIDENTIAL SIGNAGE

SIGN TYPE QUANTITY SIZE SQUARE FOOTAGE TOTAL

PROPOSED RESIDENTIAL SIGN AREA

RM RESIDENTIAL PROJECT ID MONUMENT

RW RESIDENTIAL WALL ID
RA HALO-LIT BUILDING ADDRESS 5
24 3’-6” X 2‘-0”6’-6” X 6‘-0”3’-0” X 3’-0”
7 FT2
39 FT29 FT2
35 FT278 FT236 FT2
114 FT2

SIGN TYPE QUANTITY SIZE SQUARE FOOTAGE TOTAL

PROPOSED OFFICE SIGN AREA
734451
3’-6” X 2‘-0”6’-6” X 6‘-0”15’-0” X 3‘-0”3’-0“ x 3’-0”15’-0” X 3‘-4”5’-0” X 4‘-0” 7 FT2
39 FT245 FT29 FT250 FT220 FT2
49 FT2117 FT2180 FT236 FT2
250 FT2
20 FT2
603 FT2
TOTAL PROPOSED ECR 841 FT2

OFFICE SIGNAGE

PARKING/DIRECTIONAL SIGNAGE

SIGN TYPE QUANTITY SIZE SQUARE FOOTAGE TOTAL

PROPOSED PARKING/DIRECTIONAL SIGN AREA
2 14’-0” X 3’-0” 42 FT2 84 FT2
PD PARKING DIRECTIONAL, Size B 2 5’-0” X 4’-0” 20 FT2 40 FT2 124 FT2

EL CAMINO REAL SIGNAGE

RESIDENTIAL SIGNAGE

SIGN TYPE QUANTITY SIZE SQUARE FOOTAGE TOTAL

PROPOSED RESIDENTIAL SIGN AREA

RH BUILDING ENTRY HANGING SIGN

RW RESIDENTIAL WALL ID
RA HALO-LIT BUILDING ADDRESS 3
11 3’-6” X 2‘-0”3’-0” X 2‘-0”3’-0” X 3’-0”
7 FT2
6 FT29 FT2
21 FT26 FT29 FT2
15 FT2
TOTAL PROPOSED ECR 159 FT2
TOTAL PROPOSED PROPERTY SIGNAGE 1000 FT2

PARKING/DIRECTIONAL SIGNAGE

SIGN TYPE QUANTITY SIZE SQUARE FOOTAGE TOTAL

PROPOSED PARKING/DIRECTIONAL SIGN AREA
263
14’-0” X 3’-0”3’-0” X 3’-0”2’-0” X 1’-0”
42 FT2
9 FT22 FT2
84 FT254 FT26 FT2
144 FT2

PRIVATE STREET SIGNAGE
exemptexempt
exempt
F4 Page H-1.59

SITE PLAN
Primary Exterior Signage
Office Building 1

0.2 400 ECR MENLO PARK, CA #5423-100 MIDDLE PLAZA SCHEMATIC DESIGN DECEMBER 08, 2021 PN

SITE LOCATION

PE PARKING ENTRY SIGN
PB
PT
PD
OA
OA
OR
OR
OR
OR
OT
OT
RB
RB
RB
RB OM

OM OFFICE MONUMENT

OA HALO-LIT BUILDING ADDRESS
OFFICE

OT OFFICE BUILDING TENANT SIGN

RB RETAIL BLADE

OR RETAIL TENANT

PB PARKING DIRECTIONAL BLADE

PARKING/ DIRECTIONAL

PD PARKING DIRECTIONAL

PT TRANSIT PEDESTRIAN DIRECTIONAL

EL CAMINO REAL PROJECT SIGNAGEPRIVATE STREET PROJECT SIGNAGE PD PD
PB OA
PD
OA OR
OR
OR
OR
OT
OT
RB
RB
RB

RB PD PD OM
F5 Page H-1.60

SITE PLAN
Primary Exterior Signage
Office Buildings 2 + 3

0.3 400 ECR MENLO PARK, CA #5423-100 MIDDLE PLAZA SCHEMATIC DESIGN DECEMBER 08, 2021 PN

PE PARKING ENTRY SIGN

OM OFFICE MONUMENT

OA HALO-LIT BUILDING ADDRESS
OFFICE

OT OFFICE BUILDING TENANT SIGN

RB RETAIL BLADE

OR RETAIL TENANT

PB PARKING DIRECTIONAL BLADE

PARKING/ DIRECTIONAL

PD PARKING DIRECTIONAL

PT TRANSIT PEDESTRIAN DIRECTIONAL

EL CAMINO REALPROJECT SIGNAGEPRIVATE STREETPROJECT SIGNAGE PD
PE
PB

PB PD PB
PD
PE
PE PE
OA
OA OA
OA
OA
OT
OT

OM OT OT
OM
PD
OA
OA OA
OT
OT

OM OT OT
OM
PD
PE
PB

PB PD PB
PE
PE PE
OA
OA
F6 Page H-1.61

SITE PLAN
Primary Exterior Signage
Residential Buildings

0.4 400 ECR MENLO PARK, CA #5423-100 MIDDLE PLAZA SCHEMATIC DESIGN DECEMBER 08, 2021

LEASING OFFICE
RM
RA
RA
RA
RM
RW
a
RW
b RWc RWd
RW
e
RL
RA RA
RA
RA
PN

RESIDENTIAL A
400A El Camino Real

RESIDENTIAL C
400C El Camino Real

RESIDENTIAL B
400B El Camino Real

RESIDENTIAL A
400A El Camino Real
RA
PB
PB

RL RESIDENTIAL LEASING OFFICE ID

RW RESIDENTIAL WALL ID
PD
PD PD
PE
PE

PE PARKING ENTRY SIGN

RM RESIDENTIAL PROJECT ID MONUMENT

RESIDENTIAL

RA HALO-LIT BUILDING ADDRESS PB PARKING DIRECTIONAL BLADE

PARKING/ DIRECTIONAL

PD PARKING DIRECTIONAL

PT TRANSIT PEDESTRIAN DIRECTIONAL
RH

RH BUILDING ENTRY HANGING SIGN

EL CAMINO REAL PROJECT SIGNAGEPRIVATE STREET PROJECT SIGNAGE RM
RA
RM
RW
a
RW
b RWc RWd
RW
e
RA RA
RA
RA

RESIDENTIAL A
400A El Camino Real

RESIDENTIAL C
400C El Camino Real
RA
RA
RW
RL

RESIDENTIAL B
400B El Camino Real

RESIDENTIAL A
400A El Camino Real
RA
PB
PB
PD
PD PD
PE
PE
RH
F7 Page H-1.62

OM OFFICE MONUMENT

OA HALO-LIT BUILDING ADDRESS
OFFICE

OT OFFICE BUILDING TENANT SIGN

RB RETAIL BLADE

OR RETAIL TENANT

PB PARKING DIRECTIONAL BLADE
PB

PARKING/ DIRECTIONAL

PD PARKING DIRECTIONAL

PT TRANSIT PEDESTRIAN DIRECTIONAL
PT
1 2

PD PD PD
OFFICE BUILDING 1 OFFICE BUILDING 1
500

EL CAMINO REAL
500
RETAIL

MIDDLE PLAZA

LEASING

DOWNTOWNPALO ALTO
P

OT OA OR RB OR RB OR RB OR RB OT OA
3 OA OA OA
OT

OM OT OT OM
OM
PD
OFFICE BUILDING 2 OFFICE BUILDING 3
OT
500

EL CAMINO REAL
RETAIL

MIDDLE PLAZA

LEASING
400 ECRMENLO PARK, CA#5423-100

MIDDLE PLAZA

ECR PROJECT

ELEVATIONS

OFFICE BUILDINGS

0.3 SCHEMATIC DESIGN DECEMBER 08, 2021 OB1 A OB2 OB3 B C 2 PN 1 3
SCALE: 1” = 40’

MIDDLE PLAZA

RESIDENTIAL BUILDING A

MIDDLE PLAZARESIDENTIAL BUILDING B
F8 Page H-1.63
RA
RA
RA RM
RM
RA

RESIDENTAL BUILDING C RESIDENTAL BUILDING B
2 MIDDLE
PLAZA
400
RW
c
RW
d
RA

RESIDENTAL BUILDING A
1 MIDDLE
PLAZA
400
OFFICEBUILDING 1

RM RESIDENTIAL PROJECT ID MONUMENT

RESIDENTIAL

RA HALO-LIT BUILDING ADDRESS

RW RESIDENTIAL WALL ID
400 ECRMENLO PARK, CA#5423-100

MIDDLE PLAZA

ECR PROJECT

ELEVATIONS

RESIDENTIAL

0.4 SCHEMATIC DESIGN DECEMBER 08, 2021 OB1 A OB2 OB3 B C 2 PN
1 SCALE: 1” = 30’
OFFICE
BUILDINGS 2 & 3
F9 Page H-1.64
1160 battery st, suite 100
san francisco. ca 94111
Springline
Menlo Park
MP City Council
February 8th, 2022
H1-APPLICANT PRESENTATION
Menlo Park
signage
regulations
Outdated
Signage
Ordinance
Springline
Next Steps
Signage
standards and
precedent
imagery
Revised
Signage
Proposal
Community
outreach
Menlo Park Signage
➢Outdated Signage Ordinance in Menlo Park
➢Summary of existing Menlo Park signage
regulations
➢Menlo Park, Palo Alto, and Redwood City
signage standards and precedent imagery
➢Revised proposal addresses Planning
Commission comments
➢Community outreach
*Planning Commission Study Session #1 on 10/18/2021, PC Study Session #2 12/07/2021, and PC Recommendation on 01/10/2022. ➢ History: The current Menlo Park Signage Ordinance was originally designed for small lots or small business in the Downtown Core. A 100 sf cap on primary frontage and 50 sf cap on secondary frontages disproportionately hurt longer frontage/larger developments. City Council has previously recognized that current signage area limits are not adequate for larger projects (like Springline) in Specific Plan area. ➢ Location: Signage Amendment is being proposed to apply to the Downtown Specific Plan (ECR/D-SP) zoning district only. ➢ Goal of this meeting: As Springline is currently opening and signage issues have persisted since 2017, retailers have been significantly delayed and project is experiencing urgency to have adequate signage. A City Council approval for amendment will allow for Community Serving Uses and other commercial users to have the reasonable signage rights comparable to neighboring jurisdictions.
➢ Master Signage Plan: All existing signage controls, guidelines, and design standards remain in place except for the 100 and 50 SF Caps. This amendment will provide for adjustments to zoning to enable Springline and Middle Plaza to continue on with the Menlo Park signage protocol process of design, review, and permitting. Amendment includes language pursuant to Planning Commission comments regarding process for approval of Master Signage Plan.

Recap of Signage Issues
➢ Code 16.92.110 - (7) No sign should be animated by means of flashing or traveling lights, moving or rotating parts or any other methods causing a non stationary condition
➢ Be integrated to the façade of the building design, consistent with architecture in terms of style, materials, colors, proportions
➢ Should be proportionate to the size of buildings and size of site; size compatible with other signs in surrounding area. ➢ In general, letters between 8-18 inches is acceptable; lettering larger than 24 inches may be considered for
buildings with large setbacks from the street.
➢ Signs lit with external source are recommended over
internally lit signs; “halo” illumination is also acceptable. ➢ Colors, materials, design should be compatible and
harmonize with color, materials, design of building and surrounding area.
➢ Signs using “bright colors” (specified shades of yellow, orange, red) shall require PC review/approval (unless less than 25% of area).
➢ Building signs shall be flush against building, may not project above eave of roof or top of parapet.
➢ Each business tenant shall be limited to one building mounted sign on each street frontage. (In addition, each business is allowed a suspended or blade sign.)
➢ Exposed tube neon signs are not encouraged.
➢ All signs require approval of Director of Community
Development/designee
➢ (Fair Sharing Concept) - Allocate area of signage based on business frontage
➢ For Multi-tenant buildings, a coordinated sign program shall be prepared for property with more than one tenant.
➢ For Multi-tenant buildings, signage for the complex should be coordinated.
➢ For Multi-tenant building, concept of “fair sharing” shall be used
Menlo Park Signage Regulation and
Guidelines – No Changes Proposed
Signage Code
Signage Guidelines
➢City of Menlo Park
o Maximum 100 sf of signage capped at 80 linear feet at primary frontage of lot. o No additional signage at primary façade beyond 100 sf after cap is hit. o Maximum 50 sf of signage at secondary frontages of lot. o Master Sign Program for Multi-Tenant Properties.

Existing Signage Standards –
Menlo Park
Existing Signage – Menlo Park
on El Camino Real (non-Hwy 101)
➢City of Palo Alto
o Sign area allowance broken in freestanding signs and wall signs with a combination of signs allowed as the maximum.
o Freestanding - 1 sign per frontage with an additional sign allowed for frontage beyond 250 lf.
o Wall signs based on square footage of wall – 135 sf of sign for 5,000 sf of wall with 7 sf of signage are added for each additional 500 sf of wall. o Master Sign Program process with opening to additional signage area.

Signage Standards – Palo Alto
Existing Signage – Palo Alto
On El Camino Real (non- Hwy 101)
Existing Signage – Palo Alto
Off of El Camino Real (non- Hwy 101)
➢City of Redwood City
o Sign area calculated at 1.5 sf of sign area to 1 lf of frontage. o Each ground floor establishment may display one sign - Each legally recognized tenant is allowed at least 50 sf of sign area.
o Master Sign Program process with opening to additional signage area.

Signage Standards – Redwood City
Existing Signage – Redwood City
(non- Hwy 101)
i. All existing City rules/guidance on sign colors, lighting etc. would apply to any signage authorized by proposed amendments.
ii. Eliminate 100 sf and 50 sf area caps, while retaining basic City signage area equation. iii. Maximum sign area on any frontage shall be 1,000 sf regardless of the length of frontage. iv. Max of 50 sf per commercial sign, current rules have no limit. v. Limit on roof parapet tenant signage per frontage.
vi. Exemption of certain project identification and directional signage from the overall signage area limits (For Example: “Springline” identification and “Parking” directional signage). vii. Any increased signage under proposed amendment would be reviewed by Planning Commission as part of a Master Sign Plan; once Master Sign Plan was reviewed/approved by Planning Commission individual signs that were consistent would be approved administratively. Allocation between tenants to be addressed as part of Master Sign Plan.
viii. Planning Commission review of Master Signage Plan would focus on harmony / compatibility with design and general conformance with City Design Guidelines and some authority to grant exceptions from guidelines.

Proposed Signage Standard
Modifications
➢ Planning Staff Report Note: Proposed signage revisions result in allocations comparable to neighboring jurisdictions.

El Camino Real Perspective
Signage Illustration
Signage Illustration
El Camino Real Frontage Illustration
1300 El Camino Real
South Tower
1302 El Camino Real
North Tower
Oak Grove Frontage Illustration
Garwood Frontage Illustration
1302 El Camino Real
North Tower (East Façade)
Community Outreach
Local
Businesses
Residential
Neighbors
Springline
Community
Outreach
Menlo Park
Chamber of
Commerce
Menlo Park
Farmers
Market
December
5 th
Menlo Park
Bon Marché
Outdoor
Market
December
8 th
➢ Residential neighbors, neighboring businesses and visitors. ➢ The Menlo Chamber has been instrumental in socializing these proposed changes amongst their membership and has graciously hosted us at several farmers markets including, most recently, on 12/5 and 12/8. The Springline team shared our proposed signage massing plan to canvass feedback.
➢ Feedback to date has been very supportive of allowing commercial (office), retail and project identification/wayfinding, as proposed with the goal of insuring our project is a commercial success to the benefit of activating Downtown. ➢ No public objection expressed during three separate Planning Commission process.

Thank you
Total Springline Signage Requirement
Project ID /
Wayfinding
Excluded
Commerical
Visible
Proposed Maximum Non-Exempt
CommercialSignage Area Under
Proposed Amendment
Visible from
El Camino Real 178 SF 477 SF 540 SF
Visible from Oak Grove 41 SF 90 SF 165 SF
Visible from Garwood Way 234 SF 150 SF 402 SF
TOTAL 453 SF 717 SF 1,107 SF
Columns above reflect areas of signage shown in massing study sheets Maximum Signage Area Existing and Proposed Rules
Total Lot Linear
Frontage
(in feet)
at
Springline
Current Signage:

Allowable Square
footage per Menlo
Park City Code
(Primary Max 100
Secondary Max 50)
Final Proposed Signage
Amendment (Feb. 2022):

Primary Façade:
(30+((FRONTAGE-10)*(8/7)))
Secondary Façade:

0.5*(30+((FRONTAGE-10)*(8/7)))
Exclusion for Project ID &
Wayfining
El Camino Real - Primary 456 100 540 SF
Oak Grove - Secondary 273 50 165 SF
Garwood Way - Secondary 688 50 402 SF
TOTALS 1,417 200 SF 1,107 SF
Library and Community Services

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-026-CC
Regular Business: Authorize the city attorney and city manager to draft and execute an amendment to the professional
services agreement with Team Sheeper, Inc. for
continued operation of the Burgess Pool for 12
additional months; and direct staff to prepare a
Request for Proposals for an aquatics operator at
Burgess Pool and the future Menlo Park Community
Campus aquatics center now under construction
and anticipated to open in Summer 2023
Recommendation
City staff recommends that City Council authorize the city attorney and city manager to draft and execute an amendment to the professional services agreement (Agreement) between the City of Menlo Park (City) and Team Sheeper, Inc. (Provider), (attached hereto as Attachment A), to extend the term of the agreement through August 31, 2023 or the opening of the Menlo Park Community Campus (MPCC) aquatics center, whichever comes first; and direct staff to prepare a request for proposals (RFP) to be issued in Autumn 2022—and to which Provider would be invited and encouraged to respond—for an aquatics operator at Burgess Pool and the future MPPC aquatics center, with said operator agreement to become effective at both locations when the latter opens to the public.

Policy Issues
City Council provides policy direction to the city manager regarding service provision to the community; provides authorization to the city manager to negotiate and execute professional services agreements with service providers; and sets prioritization for the use of City resources to serve the community.

Background
On March 27, 2018, City Council authorized the city manager to execute an Agreement with Provider to provide aquatics programming at Burgess Pool and Belle Haven Pool (Attachment A.) The Agreement has been amended several times as necessitated by construction of the MPCC project and health regulations resulting from the COVID-19 pandemic. In 2021, at City Council’s direction, the Belle Haven Pool was removed from the Agreement due to that pool being closed to make way for a new outdoor aquatics center that is now under construction as part of the MPCC project.

The term of the current Agreement ends August 31, 2022; however, Section 3 of the agreement automatically extends the Agreement for 12 months through August 31, 2023, absent any action by either party. Either party may provide written notification at least 180 days in advance of intent to either: a) terminate the Agreement; or, b) evaluate the terms and conditions of the Agreement. Staff recommends adopting an amendment to the Agreement to establish express terms that the extended Agreement would expire August 31, 2023.

AGENDA ITEM I-1 Page I-1.1
Staff Report #: 22-026-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org March 4, 2022, is the latest date that notice of intent to evaluate the terms and conditions could be issued 180 days in advance of the agreement’s current end date.

Additional timeline-related background information relevant to the Agreement is provided in Attachment C.

Analysis
City staff recommends that City Council authorize the city manager to provide notice to Provider of intent to evaluate the terms and conditions of the current Agreement, for example to negotiate a new or amended agreement end date, or to make programmatic adjustments. Should City Council so authorize, then the City would issue written notification of such to Provider no later than March 4, 2022.

Annual report
Section 9 of the Agreement stipulates that Provider shall prepare and provide an annual report no later than January 30 of each year to City staff, which will be presented to the City’s Parks and Recreation Commission (Commission) for review and comment by the Commission at its February meeting. The annual report should include the following items:

A. Total program hours by program area;
B. Participation statistics by program area including resident and non-resident percentages; C. Customer satisfaction survey results;
D. User group feedback by program area or rental;
E. Pool schedule and allocation by program for previous year and projections to the upcoming year; F. Fees by program area and a fee comparison to other public pools in the region; G. Annual audits and reviews demonstrating standards of care, outlined in Section 12, below, are met; H. Risk management documentation, outlined in Section 13, below; and I. Training certifications listed by staff member.

The 2021 annual report prepared by Team Sheeper, Inc. is provided as Attachment B to this report. The Commission is tentatively scheduled to receive a detailed presentation of the report contents at its February 23, 2022 meeting.

MPCC aquatics center operator
Staff recommends issuing a RFP in Autumn 2022 for an aquatics operator at Burgess Pool and MPCC aquatics center, with the start of the new operator agreement timed to coincide with the projected Summer 2023 opening of the MPCC facility. The current Provider would be invited and encouraged to respond to the RFP.

With the anticipated opening of the MPCC aquatics center in summer 2023—in combination with the current Burgess Pool, the City has an attractive opportunity to update its standards for aquatics operations citywide.

Issuing an RFP to select a pool operator for the combined MPCC and Burgess pool facilities in Autumn 2022 will provide sufficient time to select the operator, negotiate the agreement and prepare for start of operations at the new MPCC facility in Summer 2023. With this expectation, City staff recommends extending the current Provider’s agreement date to align with the opening of the MPCC aquatics center.

Impact on City Resources
There is no new direct impact to city resources associated with the recommended action. There is some indirect impact to City resources in the form of staff time and effort spent in contract negotiations, analysis, document preparation and related work.

Page I-1.2
Staff Report #: 22-026-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Professional services agreement and amendments
B. Team Sheeper, Inc. annual report 2021
C. Timeline-related background information
Report prepared by:

Sean Reinhart, Library and Community Services Director
Report reviewed by:

Nira Doherty, City Attorney
Justin Murphy, Interim City Manager
Page I-1.3

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Second Amendment to Professional Services Agreement (“Second Amendment”) is made and executed as of September 15, 2020, by and between the City of Menlo Park, a municipal corporation (“City”) and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein collectively as “Parties.” This Second Amendment modifies the Professional Services Agreement dated March 27, 2018 by and between the Parties regarding the provision of recreational aquatics programming (“Agreement”), as amended by the Amendment to Professional Services Agreement dated June 9, 2020 (“First Amendment”).

RECITALS
The City and Provider are entering into Second this Amendment based on the following facts, understandings and intentions:

A. On March 27, 2018, the Parties entered into the Agreement whereby Provider agreed to provide recreational aquatics programming at Burgess and Belle Haven Pools in the City of Menlo Park.

B. On February 24, 2020, by mutual written agreement, the Parties agreed to terminate Provider’s services at the Belle Haven Pool effective October 1, 2020 due to a pending construction project at the Onetta Harris Community Center.

C. The Agreement was renewed for an Extended Term that expires on August 31, 2021 with respect to the Burgess Pool.

D. The Parties desire to extend the Provider’s services at the Belle Haven Pool until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first.

NOW THEREFORE, the Parties agree as follows:

1. Provider shall continue to provide services at the Belle Haven Pool in accordance with the terms and conditions of the Agreement, as amended by the First Amendment, until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first. If terminated prior to the expiration of the Extended Term, the City will provide at least 30 days written notice to Provider of the date that construction will commence at the Onetta Harris Community Center and Provider’s services at the Belle Haven Pool will be terminated.

2. The City shall continue to pay Provider the Belle Haven Management Fee until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first.

3. Except to the extent expressly modified by this Second Amendment, the terms of the Agreement, as amended by the First Amendment, shall remain effective without impairment or modification.


















ATTACHMENT A Page I-1.4

4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one amendment.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their duly authorized officers as of the date first set forth above.

CITY OF MENLO PARK
By: _____________________________
Approved as to Form:
________________________________
Interim City Attorney
ATTEST:
___________________
City Clerk

TEAM SHEEPER, INC
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer
Approved as to Form:
___________________________________
Attorney for Team Sheeper

















Page I-1.5

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Amendment to Professional Services Agreement (“Amendment”) is made and executed as of June 9, 2020, by and between the City of Menlo Park, a municipal corporation (“City”) and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein individually as “Party” and collectively as “Parties.” This Amendment modifies the Professional Services Agreement dated March 27, 2018 by and between the Parties regarding the provision of recreational aquatics programming (“Agreement”) and will become effective upon the approval by the City of the reopening the Burgess and Belle Haven Pools in accordance with the standards set by the San Mateo County Health Officer, as provided below.

RECITALS
The City and Provider are entering into this Amendment based on the following facts, understandings and intentions:

A. On March 27, 2018, the Parties entered into the Agreement whereby Provider agreed to provide recreational aquatics programming at Burgess and Belle Haven Pools in the City of Menlo Park.

B. On February 24, 2020, by mutual written agreement, the Parties agreed to terminate the Belle Haven Pool service effective October 1, 2020 in light of a pending construction project at the Onetta Harris Community Center.

C. On March 4, 2020, the Governor of the State of California declared a state of emergency to help the state prepare for the spread of the novel coronavirus named COVID-19.

D. On March 10, 2020, the San Mateo County Health Officer issued a statement that evidence existed of widespread community transmissions of COVID-19 in San Mateo County.

E. On March 11, 2020, the City Council of the City of Menlo Park declared a local emergency based on the COVID-19 world pandemic. Effective immediately, all City facilities were closed to the public.

F. Effective March 12, 2020, Provider closed the Burgess Pool for all services with the goal of keeping people safe and preventing the spread of COVID-19.

G. On March 16, 2020, the San Mateo Health Officer issued an order that, among other things, directed all individuals currently living within San Mateo County to shelter in their place of residence and authorized individuals to leave their residences only for certain essential activities (“Shelter-in-Place Order”).

H. On March 27, 2020, the City pursuant to City of Menlo Park Director of Emergency Services/City Manager Emergency Order No. 2 (“Order No. 2”) closed all public facilities including the Burgess Pool and the Belle Haven Pool to help slow the spread of COVID-19.









 



 















 
Page I-1.6
I. The State of California has developed a resilience roadmap that identifies four stages to reopening: stage 1 (safety and preparedness), stage 2 (lower risk workplaces), stage 3 (higher risk workplaces), and stage 4 (end of stay at home order).

J. On May 15, 2020 the San Mateo County Health Officer issued a revised Shelter-inPlace Order, inclusive of appendixes, that in this second stage allows the reopening of public pools subject to certain safety precautions (“Revised Order”). A copy of the Revised Order is attached hereto as Exhibit A. The Revised Order was subsequently amended on May 29 to allow, with restrictions and safety measures, places of worship to hold services and retail stores to allow customers inside. The Parties anticipate that the County of San Mateo will continue to issue revised orders during this time of local emergency.

K. On May 19, 2020, Provider submitted a plan to the City to operate the Burgess Pool in accordance with the Revised Order, but it was not legal to reopen based on the City's March 11, 2020 declaration of emergency and Order No. 2 closing public facilities, including the Burgess and Belle Haven pools. On June 2, Provider submitted a revised plan to reopen both the Burgess Pool and the Belle Haven Pool attached hereto as Exhibit B.

L. The Parties desire to provide for a reopening process for the Burgess Pool and the Belle Haven Pool in the event the Director of Emergency Services modifies Order No. 2 and allows the opening of public facilities.

M. The City and Provider desire to enter into this Amendment to memorialize the process of reopening the Burgess Pool and Belle Haven Pool throughout the stages, until the local emergency is terminated.

NOW THEREFORE, the Parties agree as follows:

1. The Parties agree that given the above described conditions, Provider has been unable to perform the Services described in the Agreement since March 12, 2020. The Parties further agree that until the City modifies Order No. 2, Provider is not legally allowed by the City to operate because public facilities are closed. The Parties further agree that the Agreement is in full force and effect and neither Party is in default.

2. The parties agree that Provider will resume services under the Agreement within five days, or earlier, of the Emergency Director’s modification of Order No. 2 to allow the re-opening the pools.

3. While the local emergency is in effect, Provider shall adhere to the social distancing protocols and best practices established by the County of San Mateo Health Officer on May 15, 2020, a copy of which is attached hereto and incorporated herein as Exhibit C, and as may be modified from time to time. In addition, Provider shall comply with all legally required safety precautions identified in the Revised Order and any future orders issued by the Governor, the San Mateo County Health Officer or the City of Menlo Park affecting public swimming pools. Safety precautions include but are not limited to the use of personal protective equipment, social distancing requirements, symptom checks and tracking attendance. Furthermore, Provider shall continue to comply with any and all city, 








 



 
















Page I-1.7
county, state and federal laws and regulations related to pool and aquatic program operations as required by the Agreement.

4. It is of critical importance to the City that the Belle Haven Pool be reopened at the same time as the Burgess Pool to ensure that recreational aquatics opportunities are available to the whole community. Provider agrees to reopen both the Burgess Pool and the Belle Haven Pool concurrently within five days or earlier from the modification of Order No. 2 allowing the reopening of the pools, consistent with the phases identified in the Provider’s reopening plan, attached hereto as Exhibit B and provide any and all services included in the Scope of Services which are legally allowable pursuant to the Revised Order, including but not limited to lap swim. The use of the locker rooms is not allowed in the second phase of reopening. Limited use of bathrooms will be provided for as documented in Exhibit B.

5. Provider agrees to increase the services and provide any and all services included in the Scope of Services at both the Burgess Pool and the Belle Haven Pool as soon as provision of such services is both legally allowable pursuant to any state, county or local law and Provider is reasonably able to comply with any and all legally required safety precautions.

SOLO swim team will be allowed to return to pool usage as soon as the Provider and SOLO agree upon and can accommodate the safety precautions required by San Mateo County Health Order. Prior to use of the pool, SOLO shall acknowledge in writing its acceptance of such precautions and agreement to abide by the terms of this Amendment.

The City understands that the application of required safety precautions at the Burgess and Bell Haven pools is nuanced and that it is possible that activities that are allowed under existing health orders and directives may still be deemed unsafe by the Provider.

In such situation, Provider shall provide written notice to and obtain consent, which may not be unreasonably withheld, from the City Manager or her designee for such adjustments.

6. In accordance with Paragraph 6 of the Agreement, the Parties will work together during the second and third stage to modify operations, access and schedule as appropriate.

Provider agrees to provide weekly reports regarding capacity, residents/non-residents use, and fee subsidies provided for each pool and the Parties agree to meet and confer as necessary to address any issues. Any schedule modifications shall be subject to approval by the City Manager or her designee and shall be acted on within a commercially reasonable time (typically within 48 hours of request) and shall not be unreasonably withheld. The Parties acknowledge that the situation relative to COVID-19 may change rapidly and the stage may be increased or decreased. The Parties agree to allow a commercially reasonable time to respond to requests for modification. If the City returns to stage one and public facilities are again closed, Provider will cease operations immediately without need for a modification request.

7. The term of this Amendment shall continue until the fourth stage of the County’s Orders and the City’s termination of the local emergency after which time this Amendment will terminate and the Agreement will continue unamended.

8. The City shall pay the Provider the Belle Haven Management Fee for the period beginning June 1, 2020 through the pool’s scheduled closing on October 1, 2020, as previously agreed.









 



 
















Page I-1.8

9. Provider shall be granted access to the Burgess Pool and Belle Haven Pools only for preparation for opening no later than Friday June 5 through Tuesday June 9 and then after the Emergency Director’s modification of Order No. 2 reopening the pools. Any time and expense to prepare the use of the pool prior to the modification of Order No. 2 shall be Provider’s sole cost and expense understanding Order No. 2 may or may not be modified on June 9.

10. The Parties acknowledge that the COVID-19 crisis has placed Provider in a precarious financial position. Nevertheless, Provider is prepared to move forward and open the pools.

In consideration of this Amendment, Provider shall have the right to terminate this Amendment and the original Agreement upon demonstrating to the City Manager that continuing operation would not be financially feasible with 30 days written notice provided to City.

11. In addition to the indemnification identified in Paragraph 24 of the Agreement, Provider specifically agrees to indemnify and hold the City, its Council, Commissions, agents, officers, volunteers or employees harmless from any and all claims, legal action or causes of action related to contraction of the COVID-19 virus at either pool alleged by any source, including but not limited to Provider’s employees and pool patrons, during Provider’s use of the Premises. Provider’s indemnification obligation as set forth herein will include any and all costs, expenses, attorneys’ fees and liability incurred by the Provider or any person in defending against such claims, whether the same proceed to judgment or not. The Provider will, at its own expense and upon written request by the City, defend any such suit or action brought against the City, its Council, Commissions, members, agents, officers, volunteers or employees. This section will survive the expiration or termination of this Amendment. This indemnity obligation will not cover any COVID-19 related claims that are based on the actions or negligence of the City, its employees, representatives or contractors (other than the Provider and its employees, subcontractors and agents).

12. Except to the extent expressly modified by this Amendment, the terms of the Agreement shall remain effective without impairment or modification.

13. This Agreement shall be effective only if the City allows Provider to open the pools in accordance with the San Mateo County Health officer's guidelines on or before June 12, 2020.

14. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one Amendment.

IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized officers as of the date first set forth above.

CITY OF MENLO PARK
By: _____________________________









 



 
















Page I-1.9
Approved as to Form:
________________________________
Interim City Attorney
ATTEST:
___________________
City Clerk
TEAM SHEEPER, L.L.C.
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer
Approved as to Form:
___________________________________
Attorney for Team Sheeper










 



 
















Page I-1.10
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EXHIBIT A









 



 
















Page I-1.11
1 Team Sheeper
Burgess and Belle Haven Pool
Covid-19 Operations
2020 Reopening
Standard Operating Procedures

EXHIBIT B









 



 
















Page I-1.12
2 Table of Contents
General Operations…………………………………………………3
Introduction
Phases in Reopening

Facility Operations Burgess and Belle Haven Pools..……….4 San Mateo County Operating Guidelines
Entrance/ Exiting
Locker rooms/Restrooms
Cleaning Program
Staff Operations……………………………………………………11
Daily Health checks
Covid-19 Positive Operations
Daily PPE Requirements

Emergency Operations…………………………………………...12
EAP
Rescues
Patient Care
Daily PPE/Disposal of PPE
Program Operations………………………………………………16
Lap Swimming
Open Swim
Swim Lessons
Camps
Boot Camps
Aqua-Fit

Exhibits………………………………………………………………………..19
A. Facility Map Burgess and Belle Haven
B. Health Check Form
C. Thermometers
D. General PPE information
E. County Required Documents









 



 
















Page I-1.13
3 General Operations
Introduction
This document has been created to operate under the safety guidelines for covid -19 to ensure the safety of staff and participants. These policies and procedures will outline staff, consumer and facility operations. This document will be updated regularly as County, City, CDC guidelines change for the covid-19 response. Our company will align daily on updates and new guidelines, and this document will change as those guidelines are updated.

Phases in Reopening
These Phases are subject to change depending on county and city guidelines. The plan outlines what could be possible for us to offer to the community under current guidelines but could change as far as timeline.

Phase 1.

This phase will open the facility with minimal programming. The programming will be limited to Lap Swimming and Summer Camps. This will ensure that the facility is operating in a manner that is safe for all and will be able to adhere to county guidelines.

We hope to move to phase 2 fairly quickly, once operations are smoothly operating.

Phase 2.

This phase will begin to add small amounts of programming within the facility. These programs will be Masters Swimming, Swim Lessons and Open Swim for families in the same household in designated areas for their family. Again, this phase will last as long as it takes for smooth operations, then the next phase will be undertaken.

Phase 3.

Phase 3 will consist of adding in Aqua-fit, potential locker rooms, more restroom usage for patrons, showers, front office and youth sports.

Phase 4.

This phase will only happen when guidelines allow normal operations with full programing. This will include continued enhanced cleaning and disinfecting. This phase will continue to modify all programing as guided by the county and city recommendations.









 



 
















Page I-1.14
4 Facility Operations
San Mateo County Operating Guidelines
A letter from the San Mateo County Health Department
Dear Pool Owners,
On Friday, May 15, 2020, the San Mateo County Pool Program received the Health Officer’s Order regarding the reopening of public pools. We are excited that San Mateo County residents now have a new option for exercise during this unprecedented time. Spas must continue to remain closed per this Order.

We received many inquiries about how to safely open public pools. The attached documents are guidelines for you to use as a reference. The Order must be adhered to in its entirety while allowing your pool to operate. You must post PROTOCOLS (unique to pools per Appendix C-2) and include all required information for PROTOCOLS FOR BUSINESSES (per May 15 Order, bullet 15.h), and SIGNAGE (per May 15 Order, bullet 15.h.vii). We have attached samples to assist you, but you can create your own. Protocols and signage must be posted conspicuously at the gate entry or other easily viewable location for patrons and law enforcement to review.

We recommend that these documents be laminated or placed in plastic sleeves to prevent deterioration or water damage.

Refer to the attachments for details. Feel free to add additional protocols in the attached samples for further safe practices.

Highlights to remember:
x Pool operators (i.e., HOA, apartment and hotel management) are legally responsible for ensuring the pool’s operation is compliant with the Order and must actively manage the pool’s
operation and compliance with the Order.
x Gatherings are still prohibited (i.e., the pool deck cannot be open for lingering/loitering of nonfamily members)
x Minimum of 6-foot Social Distancing (100% requirement, in and out of the pool) x Face coverings are mandatory when not in the pool
x Locker rooms cannot be occupied
x Restrooms, if open, must have a rigorous cleaning and disinfection protocol 








 



 
















Page I-1.15
5 x Equipment in the pool area, including deck furniture, must be wiped down after EACH use
We will be resuming our inspections but will leave if site conditions are unsafe for our staff. If this occurs, you may be charged a reinspection fee.

Don’t hesitate to contact our office (email: [email protected]) if you have any additional questions.

Sincerely,
San Mateo County Swimming Pool Program
Environmental Health Services San Mateo County Health (650) 372-6200 Order No. c19-5d – Appendix C-2: Allowed Additional Activities May 15, 2020 General Requirements
The “Additional Activities” listed below may resume, subject to the requirements set forth in the Order and to any additional requirements set forth below or in separate guidance by the Health Officer. These activities were selected to implement an initial measured expansion of activity based on health-related considerations including the risks of COVID-19 transmission associated with types and modes of activity, the ability to substantially mitigate transmission risks associated with the operations, and related factors, such as the following:
x Increase in mobility and volume of activity—the overall impact resumption of the activity will have on the number of people leaving their homes and interacting with others in the community;
x Contact intensity—the type (close or distant) and duration (brief or prolonged) of the contact involved in the activity;
x Number of contacts—the approximate number of people that will be in the setting at the same time;
x Modification potential—the degree to which mitigation measures can decrease the risk of transmission.

List of Additional Activities
Notwithstanding Section 15.a regarding outdoor recreation areas and shared recreation facilities, for the purposes of this Order Additional Activities include the following:









 



 
















Page I-1.16
6 (1) Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities may be opened, but only if they are actively monitored and managed to ensure that the facility is either (1) only used by members of the same household or (2) used in a manner that ensures that all social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced. Any measures put in place must be reflected in the required posted written protocols.
a. Basis for Addition. Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities that are actively managed and monitored in a manner that ensures that the social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced, the likelihood of transmission is significantly reduced.

Burgess Pool
Entrance and Exiting Facility
Entrance
To enter the pool facility patrons must comply with county guidelines or will be refused service and not allowed to enter pool.

1.Social Distancing

2.Wearing a facemask

3.Temperature taken before entry
As patrons enter the facility there will be social distancing dots on the ground for them to line up at a minimum of 6ft apart. Patrons not wearing a mask will be asked to please put one on and if they do not have one, they will have to come back when they do have one. There will be a door monitor to ensure patrons are following facility guidelines.

Once patrons have confirmed lane reservation, they will be given a number of a lane and then taken to their appropriate lane. Swimmers will be spaced out on even and odd lanes. (See Exhibit)
Front Desk Entrance
The location of the front desk will be inside of the building where there will be two open doors to reduce high touch points in building. Patrons will wait outside the front desk area until called in by the entrance monitor. Staff will be trained and prepare to interact with the public in a safe manner. Staff will be required to wear a facemask at all times while on duty. There will be a plexiglass shield installed for the protection of the staff member and patron being served. All payments will be taken prior to patrons’ arrival via 








 



 
















Page I-1.17
7 registration system online or through our App on Apple or google store or the patron may call in to the pool to reserve a space in the pool.

Extra cleaning of this area will be done on an hourly bases to the entire front desk area.

Doors to the facility will be left open to ensure there is no high touch points for staff or patrons.

Exiting Pool
When Patrons lane time is up a whistle will sound and patrons will exit their lane, dress and exit through the back of the facility while continuing to follow social distancing guidelines. Patrons will have 5 minutes to exit pool and leave so that the next set of swimmers can be brought into the facility. There will be an exit door monitor to ensure no patrons enter in the through the exit and to ensure the safety of all exiting the facility.

Patrons will exit to the rear of the facility. See Exhibit Locker rooms
Locker rooms will be closed to the public for the unforeseen future (or phase 3). Patrons will have to come to the pool in their swimsuit prior to arrival to the pool.

Bathrooms
There will be one restroom available for patrons to use. This restroom with be disinfected after each use to ensure safety for anyone using the facility.

There will also be a staff restroom that will be closed to the public and will also be disinfected by a staff member after each use.

Belle Haven Pool
Entrance and Exiting Facility
Entrance
To enter the pool facility patrons must comply with county guidelines or will be refused service and not allowed to enter pool.

1.Social Distancing

2.Wearing a facemask

3.Temperature taken before entry
As patrons enter the facility there will be social distancing dots on the ground for them to line up at a minimum of 6ft apart. Patrons not wearing a mask will be asked to 








 



 
















Page I-1.18
8 please put one on and if they do not have one, they will have to come back when they do have one. There will be a door monitor to ensure patrons are following facility guidelines.

Once patrons have confirmed lane reservation, they will be given a number of a lane and then taken to their appropriate lane. Swimmer will be spaced out on even and odd lanes.

Front Desk Entrance
The location of the front desk will be inside building. Staff will be trained and prepare to interact with the public in a safe manner. Staff will be required to wear a facemask at all times while on duty. There will be a plexiglass shield installed for the protection of the staff member and patron being served. All payments will be taken prior to patrons’ arrival via registration system online or through our App on Apple or google store.

Extra cleaning of this area will be done on an hourly bases to the entire front desk area.

Doors to the facility will be left open to ensure there is no high touch points for staff or patrons.

Exiting Pool
When Patrons lane time is up a whistle will sound and patrons will exit their lane dress and exit through the back of the facility while continuing to follow social distancing guidelines. Patrons will have 5 minutes to exit pool and leave so that the next set of swimmers can be brought into the facility. There will be a exit door monitor to ensure no patrons enter in the through the exit and to ensure the safety of all exiting the facility.

Patrons will exit to the rear of the facility. See Exhibit Locker rooms
Locker rooms will be closed to the public for the unforeseen future (or phase 3). Patrons will have to come to the pool in their swimsuit prior to arrival to the pool.

Bathrooms
There will be one restroom available for patrons to use. This restroom with be disinfected after each use to ensure safety for anyone using the facility.

There will also be a staff restroom that will be closed to the public and will also be disinfected by a staff member after each use.









 



 
















Page I-1.19
9 Cleaning/Disinfecting Program
To ensure safe operations of the facility there will be an increase of frequency, documentation and training on proper cleaning, protection and frequency of the facility.

General cleaning guidelines from the CDC
How to clean and disinfect
Clean
x Wear disposable gloves to clean and disinfect.
x Clean surfaces using soap and water, then use disinfectant. x Cleaning with soap and water reduces number of germs, dirt and impurities on the surface. Disinfecting kills germs on surfaces.
x Practice routine cleaning of frequently touched surfaces. x
o More frequent cleaning and disinfection may be required based on level of use.
o Surfaces and objects in public places, such as shopping carts and point of sale keypads should be cleaned and disinfected before each use. x High touch surfaces include:
o Tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, sinks, etc.

Disinfect
x Recommend use of disinfectant
Follow the instructions on the label to ensure safe and effective use of the product.

Many products recommend:
o Keeping surface wet for a period of time (see product label). o Precautions such as wearing gloves and making sure you have good ventilation during use of the product.

Always read and follow the directions on the label to ensure safe and effective use. 








 



 
















Page I-1.20
10 x Wear skin protection and consider eye protection for potential splash hazards x Ensure adequate ventilation
x Use no more than the amount recommended on the label
x Use water at room temperature for dilution (unless stated otherwise on the label) x Avoid mixing chemical products
x Label diluted cleaning solutions
x Store and use chemicals out of the reach of children and pets You should never eat, drink, breathe or inject these products into your body or apply directly to your skin as they can cause serious harm. Do not wipe or bathe pets with these products or any other products that are not approved for animal use. x Diluted household bleach solutions may also be used if appropriate for the surface.
o Check the label to see if your bleach is intended for disinfection and has a sodium hypochlorite concentration of 5%–6%. Ensure the product is not past its expiration date. Some bleaches, such as those designed for safe use on colored clothing or for whitening may not be suitable for disinfection.
o Unexpired household bleach will be effective against coronaviruses when properly diluted.

Follow manufacturer’s instructions for application and proper ventilation. Never mix household bleach with ammonia or any other cleanser.

Leave solution on the surface for at least 1 minute.
o To make a bleach solution, mix:
o 5 tablespoons (1/3rd cup) bleach per gallon of room temperature water OR
o 4 teaspoons bleach per quart of room temperature water x Bleach solutions will be effective for disinfection up to 24 hours. x Alcohol solutions with at least 70% alcohol may also be used.

Soft surfaces
For soft surfaces such as carpeted floor, rugs, and drapes x Clean the surface using soap and water or with cleaners appropriate for use on these surfaces.
x Launder items (if possible) according to the manufacturer’s instructions.Use the warmest appropriate water setting and dry items completely.

OR









 



 
















Page I-1.21
11 x Disinfect with an EPA-registered household disinfectant. These disinfectants meet EPA’s criteria for use against COVID-19. x Vacuum as usual.

Electronics
For electronics, such as tablets, touch screens, keyboards, remote controls, and ATM machines
x Consider putting a wipeable cover on electronics.
x Follow manufacturer’s instruction for cleaning and disinfecting. o If no guidance, use alcohol-based wipes or sprays containing at least 70% alcohol. Dry surface thoroughly.

Cleaning and disinfecting your building or facility if someone is sick x Close off areas used by the person who is sick.
o Companies do not necessarily need to close operations, if they can close off affected areas.
x Open outside doors and windows to increase air circulation in the area. x Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible.
x Clean and disinfect all areas used by the person who is sick, such as offices, bathrooms, common areas, shared electronic equipment like tablets, touch screens, keyboards, remote controls, and ATM machines.
x Vacuum the space if needed. Use vacuum equipped with high-efficiency particular air (HEPA) filter, if available.
o Do not vacuum a room or space that has people in it. Wait until the room or space is empty to vacuum, such as at night, for common spaces, or during the day for private rooms.
o Consider temporarily turning off room fans and the central HVAC system that services the room or space, so that particles that escape from vacuuming will not circulate throughout the facility.
x Once area has been appropriately disinfected, it can be opened for use. o Workers without close contact with the person who is sick can return to work immediately after disinfection.
x If more than 7 days since the person who is sick visited or used the facility, additional cleaning and disinfection is not necessary.
o Continue routing cleaning and disinfection. This includes everyday practices that businesses and communities normally use to maintain a healthy environment.

Cleaning and disinfecting outdoor areas
x Outdoor areas, like playgrounds in schools and parks generally require normal routine cleaning, but do not require disinfection. 








 



 
















Page I-1.22
12 o Do not spray disinfectant on outdoor playgrounds- it is not an efficient use of supplies and is not proven to reduce risk of COVID-19 to the public. o High touch surfaces made of plastic or metal, such as grab bars and railings should be cleaned routinely.
o Cleaning and disinfection of wooden surfaces (play structures, benches, tables) or groundcovers (mulch, sand) is not recommended. x Sidewalks and roads should not be disinfected.
o Spread of COVID-19 from these surfaces is very low and disinfection is not effective.

When cleaning
x Regular cleaning staff can clean and disinfect community spaces. o Ensure they are trained on appropriate use of cleaning and disinfection chemicals.
x Wear disposable gloves and gowns for all tasks in the cleaning process, including handling trash.
o Additional personal protective equipment (PPE) might be required based on the cleaning/disinfectant products being used and whether there is a risk of splash.
o Gloves and gowns should be removed carefully to avoid contamination of the wearer and the surrounding area.
x Wash your hands often with soap and water for 20 seconds. o Always wash immediately after removing gloves and after contact with a person who is sick.
o Hand sanitizer: If soap and water are not available and hands are not visibly dirty, an alcohol-based hand sanitizer that contains at least 60% alcohol may be used. However, if hands are visibly dirty, always wash hands with soap and water.

Always read and follow the directions on the label to ensure safe and effective use. x Keep hand sanitizers away from fire or flame
x For children under six years of age, hand sanitizer should be used with adult supervision
x Always store hand sanitizer out of reach of children and pets x Additional key times to wash hands include:
o After blowing one’s nose, coughing, or sneezing.
o After using the restroom.
o Before eating or preparing food.
o After contact with animals or pets.
o Before and after providing routine care for another person who needs assistance (e.g., a child).









 



 
















Page I-1.23
13 Training: All staff will be retrained on cleaning practices and what safety precautions are needed to clean facilities. There will be an added segment to this on infections disease and how to prevent spread of bacteria and viruses in a safe manor.

Documentation: All employees must document the time and work done for the cleaning duty. Each location in the facility will have different requirements of frequency and specifics depending on use of location.

Staff Operations

GENERAL GUIDELINES
Staff will be required to check in at the beginning of each shift with a manager at a designated location on site.

1. Temperature will be taken

2. Asked if they have had any symptoms

3. Then assigned duties for the day

4. Safety meeting and education

5. At the end of the day another temperate will be taken on their way out During Shift:

1. Staff will have to wear a facemask at all times

2. Comply with social distancing guidelines

3. Staff will not share any items to be used for work or any other purposes Daily Health checks
Employees will be required to fill out a digital daily health check form to ensure of their health and wellness and all others. This form will ask their name, temp, and symptoms in the last 48 hours. Once the form is filled out, they will be cleared for work Patrons will have their temperature checked before entering the facility and signs will be posted about self-health and wellness checks. Patrons will be asked if they have felt any symptoms of illness at all that they not enter the facility or participate in any program. They will also be asked if they do test positive for covid-19 in the next 14 days of use of facility that they contact by email immediately.

Covid-19 Positive Operations
If an employee is found positive for Covid-19 and has been on site the facility will be closed for a minimum of 24 hours, until all other employees on that shift have been tested and are clear to work. Employees contacts at the facilities will be traced to ensure no others are found ill.









 



 
















Page I-1.24
14 If a patron is found to have been at the facility and tested positive for covid-19 the facility will be shut down for a minimum of 24 hours to ensure we can trace possible infection and notify employees of possible exposure.

Daily PPE Requirements
Staff will be required to wear a facemask and sanitize their hands regularly. During an emergency there will an increased level of PPE. This will be found in the emergency section of this document.

Patrons will be required to wear a facemask while walking through and around the facility. Patrons are allowed to remove their mask while swimming. They will be asked to wear the mask as they exit the facility.

Emergency Operations
Emergency Action Plan
Whistle Cadences

ONE BLAST: grab the attention of individual patron
TWO BLAST: grab the attention of another guard
THREE BLAST: activate the EAP
ONE LONG BLAST: clear the pool
Primary Guard
Ɣ Identify situation & activate EAP
Ɣ Approach Victim
ż Water emergency: Perform appropriate rescue
ż Land emergency: Size up the Scene & acquire Expressed Consent Ɣ Primary assessment
Ɣ Perform appropriate care
Ɣ Secondary Assessment
Ɣ Report, Advise, Release
Secondary Guard (most available guard)
Ɣ Bring necessary equipment
ż Backboard
ż AED
ż First Aid
*Bring first what is most important to the situation
Ɣ Assign someone to call 911 & come back









 



 
















Page I-1.25
15 Ɣ Assist Primary guard
Assisting Responders
Ɣ Clear pool & deck as needed
Ɣ Inform Front Desk of emergency
Ɣ Ensure EMS services are on their way
Ɣ Assist rescuers
When EMS Arrives
Ɣ Meet EMS on street & direct to emergency
When EMS Leaves
Ɣ Primary guard & Leadership staff - Report, Advise, Release Lifeguard Emergency Response
In the event someone needs CPR staff will put on full PPE to include, Face Mask, Eye Protection and gloves.

General Prevention for COVID-19 Transmission During CPR and First Aid While there is currently no specific data on COVID-19 transmission while performing CPR or giving first aid, it is reasonable to conclude that chest compressions have the potential to generate respiratory droplets or aerosols and close contact needed for some aspects of first aid may have risk of transmission.

PPE
For responders and those who may need to provide care to someone suspected to have COVID-19. We will require wearing PPE as recommended by CDC, this would be wearing respiratory protection using a respirator (e.g. N-95 mask), eye protection, disposable gloves and a disposable isolation gown if possible. Per CDC guidance facemasks are an acceptable alternative when there is shortage of N-95. During the COVID-19 pandemic, for all persons requiring CPR, personal protective equipment (PPE) such as gloves and face mask should be worn, if available.. We recognize that for lay responders, CPR and first aid is often performed for household members where there would have already been close contact and exposure.

We recommend placing a face mask or cloth covering over the mouth and nose of the victim may reduce the risk of transmission. If only 1 mask is available and it is a simple face mask, we recommend placing it on the victim.









 



 
















Page I-1.26
16 Guidance for Performing a Breathing Assessment and Rescue Breaths in Children or Adults
While CPR with breaths has been shown to be beneficial when compared to compression-only CPR, during the COVID-19 outbreak, it is currently recommended that no rescue breaths be performed for adult cardiac arrest patients with confirmed or suspected COVID-19, due to the risk of disease transmission. The following measures are recommended and may be associated with a decreased risk of transmitting the virus:

x When assessing for normal breathing, we recommended that the CPR/first aid care provider looks for breathing but does not listen or feel for the victim’s breathing, as this will minimize potential exposure.
x We recommend that adult victims of sudden cardiac arrest receive continuous compression-only CPR from their CPR/first aid care provider until emergency personnel arrive. Note: Compression-only CPR saves lives compared to no CPR. x Cardiac arrests that occur after a breathing problem (which is often the case in infants and young children), drowning and drug overdoses may benefit from standard CPR that includes compressions and rescue breaths. Note: It is recognized that in some of the cases, the victim may also have COVID-19.

However, if a lay responder is unable or unwilling to provide rescue breathing with CPR, compression-only CPR should be initiated.

Guidance for Compressions
Chest compressions and use if an AED is available is recommended for every cardiac arrest victim. Whether or not a cardiac arrest victim is suspected of having COVID-19, 9-1-1 should be called and, if available, an AED should be used.

Guidance for AED Application & Use
No studies to date have shown that defibrillation generates respiratory droplets or aerosols, and it is known that prompt use of AEDs save the lives of cardiac arrest victims. In addition, the current methods of automatic external defibrillation use handsfree methods via adhesive pads that allow performance without direct contact with the victim.
x If an AED is available, it should be applied and used consistently with the manufacturer’s guidelines while waiting for emergency personnel to arrive. x If gloves are available, they should be worn.
x The AED device should be cleaned with disinfectant after use. 








 



 
















Page I-1.27
17 Cleaning & Disinfection After First Aid Care
While still wearing personal protective equipment, clean and disinfect items that touched the victim. After cleaning, dispose of your personal protective equipment and perform hand hygiene. Surfaces should be cleaned using a detergent or soap and water prior to disinfection.

x For Hard Surfaces:
o Diluted household bleach solutions, alcohol solutions with at least 70% alcohol and most common EPA-registered household disinfectants should be effective.
o Products with EPA-approved emerging viral pathogens claims are expected to be effective against COVID-19 based on data for harder to kill viruses. Follow the manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). In their absence, products with label claims against human coronaviruses or other viruses should be used according to label instructions.

x For Soft or Porous Surfaces
o For surfaces such as carpeted floor, rugs, and drapes; remove visible contamination if present, and clean with appropriate cleaners indicated for use on these surfaces.
o After cleaning, wash items as appropriate in accordance with the manufacturer’s instructions. If possible, wash items using the warmest appropriate water setting and dry completely or use products with the EPA-approved emerging viral pathogens claims that are suitable for porous surfaces.
x For Clothing:
o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air.
o Launder items as appropriate in accordance with the manufacturer’s instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely.
o If clothing cannot be immediately laundered, store in a sealed disposable bag.









 



 
















Page I-1.28
18 x Alternatives to EPA-registered disinfectants include:
o Diluted household bleach: Mix 5 tablespoons (1/3 cup) bleach per gallon of water, or 4 teaspoons bleach per quart of water. Make sure you have proper ventilation and that the bleach is not expired.
o Alcohol solutions: Ensure your solution has at least 70% alcohol.

Program Operations Burgess
Lap Swimming
Patrons will register for a lane online or by phone prior to arriving at the aquatic facility, to include payment online only. We will not be accepting cash at this time. Patrons will line up on the side gate of the pool where there will be lines for them to stand to stage for their turn to come into the facility. All social distancing guidelines will be adhered to or the patron may be ask to leave to include.

1. Wearing a facemask until about to get into pool

2. Stay 6 feet apart from each other including staff
Once checked-in patrons will be allowed to walk to their lane once the group before them has left the facility. They will have 5 minutes to get into the pool and out of the pool after their swim. Patrons will stagger at either end of the pool to ensure social distancing. There will be only 1person lane (unless family in the same household is swimming with each other). Once 35 minutes are up a guard will blow a whistle signaling each swimmer has 5 minutes to get out of the pool and exit through the back gate adjacent to the pool.

Open Swim
Open swim will have designated times for families and individuals to come a reserve a space in our play pool. Each family from the same household will have a lane in one of our bigger pools or in our baby pool to ensure social distancing. Each family can reserve a space in pool online for 1-hour increments as space permits. 








 



 
















Page I-1.29
19 Swim Lessons
The swim lesson programming guidelines will fully utilize the existing facility plan for covid-19 controls. The goal is to provide the highest level of swim lesson programming while maintaining social distance, minimizing contact to high touch areas and objects, and to maintain a consistent routine of disinfecting swim equipment and facility features.

Social distancing will be adhered to when arriving to the facility, checking in and staging within a designated staging area prior to the swim lesson. Participants will store their belongs at their assigned spot within the staging area.

Lessons will be held in either a private, instructor guided parent/children’s lesson, and or a single family from the same household with parent in the water with kids and instructor on the deck with a facemask on. These lessons will also be staggered to avoid gatherings of people.

Camps
The goal of our summer camps will provide care for the children of the community in a fun and safe environment while following all county, city, and cdc guidelines for covid-19. We want to create this environment give families peace of mind while being care for at our facility.

Goal to run 4 morning camps and 4 pm camps in controlled groups of 12.

We will follow guidelines as followed:

Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages. To the extent possible and compliant with any licensing requirements, these operations must also comply with the following conditions:

1.They must be carried out in stable groups of 12 or fewer children (“stable” means that the same 12 or fewer children are in the same group each day and for at least four consecutive weeks). No child will be added to the group if a child does not come to camp. These groups will remain the same for 3 weeks including staff.

2.Children shall not change from one group to another or attend more than one childcare establishment, summer camp, other educational or recreational instruction or program simultaneously.









 



 
















Page I-1.30
20 3.If more than one group of children is at one facility, each group shall be in a separate rooms or spaces that cannot be accessed by children or adults outside the stable group.

Groups shall not mix with each other.

4.Providers, educators and other staff cannot serve more than one group of children and shall remain solely with that group of children during the duration of the childcare establishment, summer camp, other educational or recreational institution or program.

Program Operations Belle Haven
Lap Swimming
Patrons will register for a lane online or by phone prior to arriving at the aquatic facility, to include payment online only. We will not be accepting cash at this time. Patrons will line up on the side gate of the pool where there will be lines for them to stand to stage for their turn to come into the facility. All social distancing guidelines will be adhered to or the patron may be ask to leave to include.

1. Wearing a facemask until about to get into pool

2. Stay 6 feet apart from each other including staff
Once checked-in patrons will be allowed to walk to their lane once the group before them has left the facility. They will have 5 minutes to get into the pool and out of the pool after their swim. Patrons will stagger at either end of the pool to ensure social distancing. There will be only 1-person lane (unless family in the same household is swimming with each other). Once 35 minutes are up a guard will blow a whistle signaling each swimmer has 5 minutes to get out of the pool and exit through the back gate adjacent to the pool.

Open Swim
Open swim will have designated times for families and individuals to come a reserve a space in our play pool. Each family from the same household will have a lane in one of our bigger pools or in our baby pool to ensure social distancing. Each family can reserve a space in pool online for 1-hour increments as space permits. 








 



 
















Page I-1.31
21 Swim Lessons
The swim lesson programming guidelines will fully utilize the existing facility plan for covid-19 controls. The goal is to provide the highest level of swim lesson programming while maintaining social distance, minimizing contact to high touch areas and objects, and to maintain a consistent routine of disinfecting swim equipment and facility features.

Social distancing will be adhered to when arriving to the facility, checking in and staging within a designated staging area prior to the swim lesson. Participants will store their belongs at their assigned spot within the staging area.

Lessons will be held in either a private, instructor guided parent/children’s lesson, and or a single family from the same household with parent in the water with kids and instructor on the deck with a facemask on. These lessons will also be staggered to avoid gatherings of people.

Camps
The goal of our summer camps will provide care for the children of the community in a fun and safe environment while following all county, city, and cdc guidelines for covid-19. We want to create this environment give families peace of mind while being care for at our facility.

Goal: To run 1 camp in the morning and 1 in the afternoon, following We will follow guidelines as followed:

Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages. To the extent possible and compliant with any licensing requirements, these operations must also comply with the following conditions:

1.They must be carried out in stable groups of 12 or fewer children (“stable” means that the same 12 or fewer children are in the same group each day and for at least four consecutive weeks). No child will be added to the group if a child does not come to camp. These groups will remain the same for 3 weeks including staff.

2.Children shall not change from one group to another or attend more than one childcare establishment, summer camp, other educational or recreational instruction or program simultaneously.

3.If more than one group of children is at one facility, each group shall be in a separate rooms or spaces that cannot be accessed by children or adults outside the stable group.

Groups shall not mix with each other.









 



 
















Page I-1.32
22 4.Providers, educators and other staff cannot serve more than one group of children and shall remain solely with that group of children during the duration of the childcare establishment, summer camp, other educational or recreational institution or program.

Exhibit A
A. Facility Map Entrance and Exit
Burgess Pool









 



 
















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23 Exhibit A Continued









 



 
















Page I-1.34
24 Exhibit A Continued









 



 
















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25 Exhibit A Continued
Belle Haven Pool
B.









 



 
















Page I-1.36
26 Exhibit B: Health Check Form
C.

D.









 



 
















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27 Exhibit C: Thermometers









 



 
















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28 Exhibit D: General PPE information









 



 
















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29 Exhibit E: Facility Signs









 



 
















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30 








 



 
















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31 








 



 
















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32 Exhibit F: Pool Documents









 



 
















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33 








 



 
















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34 








 



 
















Page I-1.45
Environmental Health Services
Pool Program
2000 Alameda de last Pulgas, Suite #100
San Mateo, CA 94403
(650) 372-6200 FAX (650) 627-8224
smhealth.org/food

FACILITY NAME
APPENDIX C-2 ALLOWED ADDITIONAL ACTIVITIES

SITE ADDRESS/CITY/ZIP

SIGNAGE
Post a copy of the Social Distancing Sign at each gate entry or other easily viewable location.

Post a copy of the Social Distancing Guidelines (Appendix C-2) at each gate entry or other easily viewable location.

Other:

Ensure social distancing by (1) having members of the same household use the pool at the same time period or (2) in a manner that ensures the Health Officer orders are enforced (recommend dividing pool occupancy by half). Any measures put in place must be reflected in the required posted written protocols.

SAMPLE GUIDELINES FOR PUBLIC SWIMMING POOLS
SPAS MUST CONTINUE TO REMAIN CLOSED PER THIS ORDER (MAY 22, 2020) Place tape or other markings at least six feet apart in pool user line areas or any other area in the pool where pool users congregate (e.g. line for outdoor showers).

Lap swimming shall be separated by alternate lanes or maintain 6 feet social distancing. Only one person per lane.

Other:

Eliminate shared equipment and pool furniture in the facility or disinfect after each use.

Face covering is required for all those on the pool deck. Do not wear a face covering while in the pool.

Pool owner/operator (i.e., HOA, apartment and hotel management) are legally responsible for ensuring the pool’s operation is compliant with the Order. page 1 of 3
THE HEALTH OFFICER'S ORDER PROHIBITS GATHERING AT THE POOL. THE POOL MUST BE ACTIVELY

MONITORED AND MANAGED TO ENSURE THAT THE HEALTH OFFICER'S ORDERS ARE ENFORCED Minimum six feet of social distancing is required in and out of the pool.

No personal contact in and out of pool unless pool users are from the same household (No contact swim lessons).

MEASURES TO PREVENT GATHERING AND ENSURE SOCIAL DISTANCING

EXHIBIT C









 



 
















Page I-1.46

MEASURES TO INCREASE SANITATION
Cleaning and Disinfecting Pools:

Maintain proper disinfectant levels:

Ensure daily monitoring and recording of pool chemicals (chlorine, pH, and cyanuric acid). If the operator notices the chemicals are not within their appropriate range, the pool shall be closed until the chemicals are balanced to the correct levels.

Recommend maintaining a checklist with attendance records to aid in contact tracing as needed.

Stock handwashing stations with liquid soap and paper towels. Provide hand sanitizer with at least 60% alcohol for pool users/visitors to use.

Type Free Chlorine pH
Pools With Cyanuric Acid 2-10 ppm 7.2-7.8
Pools Without Cyanuric Acid 1-10 ppm 7.2-7.8
Clean and disinfect frequently touched surfaces:handrails and laddersADA liftdoor/gate handles surfaces of restrooms: handwashing stations diaper changing stations, and showersany multi-touch contact surface that have been identified
*Examples of disinfectants: Alcohol solutions with at least 70% alcohol may be used for surfaces. Diluted household bleach solutions may also be used: To make a bleach solution, mix: 5 tablespoons (1/3rd cup) bleach per gallon of water as per CDC Guidelines*
Cleaning and Disinfecting Ancillary Areas:

Keep locker rooms closed.
page 2 of 3

MEASURES TO PROTECT EMPLOYEE HEALTH (IF APPLICABLE)
Hand sanitizer (at least 60% alcohol) and other EPA approved disinfectants are available to all employees.

Liquid soap, warm water, and paper towels are available to all employees for handwashing.

Employees shall wear face coverings in the workplace.

Check employees for symptoms (fever, cough, or shortness of breath) of illness prior to entering work space by following CDC guidelines.

Instruct employees not to come to work for at least 14 days if they are exhibiting COVID-19 symptoms and/or seek a health care provider.

Distribute a copy of the safety guidelines to each employee.

Individual work stations are separated by at least six feet or with a physical barrier. 








 



 
















Page I-1.47
Sanitize all individual work stations and common touch points frequently.

Common areas such as break rooms and bathrooms are to be sanitized after each use.

Other:

For indoor pools, make sure ventilation systems work properly. Increase air circulation by introducing outdoor air as much as possible by opening windows and doors or using fans.; however, do not open windows and doors if doing so poses a safety risk to staff, patrons, or swimmers.

All employees/attendants have been instructed to maintain at least six feet distance from pool users and from each other as much as practicable.

Optional Measures:

IT IS THE LEGAL RESPONSIBILITY OF THE POOL OWNER/OPERATOR TO ENSURE ALL APPLICABLE REQUIREMENTS ARE FOLLOWED TO PROTECT THE SAFETY OF THE POOL USERS. IF OPERATORS ARE UNABLE TO DO SO, THE POOL SHALL REMAIN CLOSED.

Contact the owner or person in charge listed below with any questions about the following safety measure protocols.

NAME

EMAIL PHONE NUMBER
05/21/2020 page 3 of 3
For additional information refer to the latest Health Officer's order:
https://www.smchealth.org/post/health-officer-statements-and-orders 








 



 
















Page I-1.48
1 PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Professional Services Agreement (“Agreement”) is made and executed as of March 27, 2018, by and between the City of Menlo Park, a municipal corporation (“City”), and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein individually as “Party” and collectively as “Parties”.

WHEREAS, City is the owner of certain premises (“Premises”) described below, and desires to provide recreational aquatics programming for the benefit of the community at the Premises;
WHEREAS, City desires to engage Provider to provide the recreational aquatics programming, including swim instructors and certified lifeguards to provide lap swim, open swim, youth swim team, youth and adult swim lessons, youth camps, masters swim, aqua-fit classes and lane rentals for community swim teams and other community organizations at the Premises (“Services”) consistent with the current level of programming;
WHEREAS, Provider has been providing the Services pursuant to a Lease Agreement, which is expiring on March 31, 2018, and has the necessary professional expertise, qualifications and capability, and all required licenses and/or certificates the provide the services; and
WHEREAS, City and Provider desire to enter into this Agreement on the terms and conditions set forth below.

NOW, THEREFORE, the Parties agree as follows:

1. PREMISES. The Premises includes both the “Burgess Pool”, 501 Laurel Street, Menlo Park, CA and the “Belle Haven Pool”, 100 Terminal Avenue, Menlo Park, CA as defined herein. Burgess Aquatic Facility (“Burgess Pool”) consists of the fenced pool area at the City’s Civic Center campus at Burgess Park. Burgess Pool includes the lap pool, instructional pool, toddler activity pool, locker rooms and restrooms, offices, lawn area, pool mechanical room, lobby area, and all associated areas in the City of Menlo Park, County of San Mateo, State of California, as more particularly shown in Exhibit A, attached hereto and incorporated herein by reference. The Belle Haven Pool (“Belle Haven Pool”) is a six-lane x 25-meter outdoor swimming pool located adjacent to the Onetta Harris Community Center. Belle Haven Pool includes a, locker room, shower facilities, mechanical room, office and small children’s wading pool in a fenced area as shown in Exhibit B, attached hereto and incorporated herein by reference.

2. SCOPE OF SERVICES. Provider shall perform the Services, as more particularly described in Exhibit C attached hereto and incorporated herein by this reference in accordance with the terms and conditions contained in this Page H-8.42
 
















Page I-1.49
2 Agreement. Performance of all Services shall be to the reasonable satisfaction of the City.

3. TERM. The term of this Agreement shall commence on April 1, 2018 and shall terminate on August 31, 2020 (“Term”). If not terminated as set forth hereinafter, this Agreement shall automatically renew for successive 12-month periods (each year an “Extended Term”), subject to all of the same terms and conditions contained in this Agreement. Not less than 180 days prior to the expiration of the Term or Extended Term, either of the Parties may provide written notice requesting either an evaluation of the terms and conditions of this Agreement or termination of this Agreement. In the event no such notice of termination is given, this Agreement shall automatically continue for an Extended Term.

4. BELLE HAVEN POOL MANAGEMENT FEE. The City shall pay
Provider a management fee for the operation of the Belle Haven Pool in an amount not to exceed Five Thousand Dollars ($5,000) per month or Sixty Thousand Dollars ($60,000) per year, unless otherwise approved by the City Council. The City currently receives annual funding for the Belle Haven Pool from Hibiscus Properties, LLC (“Facebook”) pursuant to Section 9.1.1 of the Development Agreement dated December 14, 2016 and recorded in the Official Records of the County of San Mateo as Document Number 2016-133794. In addition to the management fee, pursuant to the terms of the prior Lease Agreement, the City shall pay to Provider Five Thousand Dollars ($5,000) per month for the period January 1, 2018 through March 31, 2018 for a total of Fifteen Thousand Dollars ($15,000) for operating the Belle Haven Pool, subject to and upon receipt by the City of funds from Facebook covering that time period. To the extent Provider has been paid all or any portion of the management fee directly by Facebook, the City shall be relieved from the requirement to pay such amount to Provider. If and when such annual funding is reduced or terminated, the City may terminate the Services at the Belle Haven Pool after providing 30 days’ advance written notice to Provider.

Provider shall be paid pro rata for Services performed at the Belle Haven Pool up to the termination date. If the Services at the Belle Haven Pool are terminated, the management fee shall also terminate.

5. EXCLUSIVE USE OF PREMISES. Subject to the terms of this Agreement, Provider shall have exclusive use of the Premises for the purposes of conducting aquatics programs, including, but not limited to, a masters swim program, swim team, swim lessons, fitness training, recreational swimming, community rentals and other aquatics programs and providing for reasonable public access to and use of the Premises pursuant to Section 6 of this Agreement.

Provider shall have the exclusive right to staff, supervise and contract for such use of the Premises, subject to the terms of this Agreement. The Parties specifically agree that Provider shall accommodate the SOLO swim team’s use of Burgess Pool in accordance with schedule and terms set forth in Exhibit D, which shall not Page H-8.43

















Page I-1.50
3 be modified without mutual agreement of Provider and SOLO, unless SOLO is in breach of its contract with Provider.

Provider shall have non-exclusive use of the locker rooms, as depicted on Exhibit A and Exhibit B, to accommodate Provider’s use of the Premises. The Parties agree that use of the locker rooms shall be limited to persons participating in programs and activities offered by Provider or City or other members of the public upon payment to Provider of fees for such use. Specifically, City reserves the right to use the locker rooms for any City program, including facility rentals and programs and for public use on a “pay for use” basis. Provider may only refuse locker room access when patrons fail to follow the rules of conduct approved by the City. Patrons shall have the right to appeal Provider’s decision to the Director of Community Services, if the patron feels denial of locker room access was unreasonable. The Director of Community Services’ decision shall be final.

6. OPERATION, COMMUNITY ACCESS AND SCHEDULING. Provider may operate the Premises between the hours of 5 a.m. to 10 p.m. seven days a week, 365 days a year. Provider currently operates the Burgess Pool from 5:45 a.m. to 8:00 p.m., and until 10:00 p.m. on Tuesdays and Thursdays Monday through Sunday and the Belle Haven Pool from 3:00 p.m. to 7:00 p.m. Monday through Friday. Provider may reasonably modify, subject to prior written approval from the City, which shall not be unreasonably withheld, the current schedule at either the Burgess Pool or the Belle Haven Pool if staffing is not possible or if it is not financially feasible to operate during certain hours. The City will provide its consent or objection to the requested change within 10 business days or the request will be deemed approved.

Provider will be responsible for the scheduling of the Premises. Provider shall provide reasonable public access and community use of the Premises.

Provider will not reduce the public access and community use without prior City approval from the Director of Community Services who is authorized to finalize the City’s schedule of use of the Premises. When evaluating the pool space and time allocation, Provider shall consider and give scheduling priority for programs based on the number and percentage of City residents.

Burgess Pool: Minimum public access and community use will include:
a. Year-round lap swim, seven days per week (except holidays); b. Seasonal open/recreational swim daily from Memorial Day through Labor Day for a reasonable amount of time and with adequate pool space;
c. Reasonable availability for other community organizations/users; d. Programs and reasonable accommodation for all ages and abilities; e. Inclusive programs for people with disabilities when possible; and f. Winter programming subject to the City’s provision a dome over the instructional pool, if possible.

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4 Belle Haven Pool: Minimum public access and community use will include:
a. Open to the public for a minimum of 10 weeks during the summer season in June, July, and August. During that time period, the pool shall be open for a minimum of six days a week, Monday through Saturday; and
b. Open/recreational swim hours will be at least three hours per day, six days per week but will be allowed on a “pool sharing” basis with other programming.

7. PROGRAM REGISTRATION AND FEES. Provider shall be responsible for having a method for the public to register and pay for programs. Provider shall collect all program fees for the Services provided pursuant to this Agreement. The program fees charged by Provider shall be as follows:
a. The fees charged by the Provider for public lap swimming, open/recreational swim, and swim lessons shall be comparable to rates and fees charged by other aquatic facilities in surrounding communities and in alignment with the approved business model.
b. Provider shall provide rental space for other community organizations and users for competitive youth swimming programs, instructional programs, fitness training, etc., on a reasonable and comparable fee basis.
c. Review of the program fees shall be included in the annual report to the City. Although Provider is responsible for setting program fees, Provider shall consider both City input and market rates in establishing the program fees.
d. The City will provide limited conference room space at the Arrillaga Family Gymnasium free of charge for Provider’s team meetings and trainings, subject to availability.
e. The City will make sports field space at Burgess Park available free of charge for Provider camps and programs in exchange for pool use for City camps and programs, both subject to availability.

8. REVENUE SHARING. Provider shall maintain an annual profit and loss statement (“Statement”) during the Term and any Extended Term of this Agreement. The Parties acknowledge that the Provider’s Statement includes revenue from the Services at the Premises and also Menlo Fit/Boot Camp revenue and triathlon team revenue. If Provider’s revenue from the Services provided pursuant to this Agreement, exclusive of Menlo Fit/Boot Camp revenue and 2/3 of the triathlon team revenue, exceeds Three Million One Hundred Forty Thousand ($3,140,000) in a single calendar year, Provider shall pay to the City 30 percent such revenue within 60 days of the end of the year.

9. PROGRAM ADMINISTRATION. Provider shall have adequate administrative staff and assistance to support all hours of operation. Policies and procedures for handling registration, refunds, and complaints are required.

Provider shall maintain a customer database and appropriate records retention.

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Page I-1.52
5 Provider shall develop sufficient communication and marketing in order to inform the public of the programs and services. The City will provide reasonable marketing space in the tri-annual activity guide for the Provider to promote their aquatics programs at the Premises, subject to availability. Provider shall be responsible for meeting the deadlines and providing accurate and sufficient information to City staff.

Provider shall take appropriate steps to maintain a high level of customer service and overall satisfaction at all times. Provider shall be engaged with City staff and regional aquatics groups throughout the year and shall attend an annual meeting convened by the City. Additionally, Provider shall prepare and provide an annual report no later than January 30 of each year to City staff, which will be presented to the City’s Parks & Recreation Commission for review and comment by the Commission at its February meeting. The annual report should include the following items:
a. Total program hours by program area;
b. Participation statistics by program area including resident and nonresident percentages; c. Customer satisfaction survey results;
d. User group feedback by program area or rental;
e. Pool schedule and allocation by program for previous year and projections to the upcoming year;
f. Fees by program area and a fee comparison to other public pools in the region;
g. Annual audits and reviews demonstrating standards of care, outlined in Section 12, below, are met;
h. Risk management documentation, outlined in Section 13, below; and i. Training certifications listed by staff member.

Provider shall maintain reasonable evidence and documentation of this information and have these records accessible to the City at any time following 10 days written notice.

In the event of a third-party dispute or conflict arising out of or related to this Agreement, the City will use best efforts to notify and discuss the issue with Provider before engaging in any dialogue with the third-party involved.

10. COMPLIANCE WITH LAWS AND REGULATIONS. Provider shall comply with all city, county, state, and federal laws and regulations related to pool and aquatic program operations. These regulators and laws include but are not limited to:
a. City of Menlo Park
b. Menlo Park Fire Department
c. San Mateo County Health Department
d. California Department of Health Services
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Page I-1.53
6 e. California Department of Labor
f. Occupational Safety and Health Administration (OHSA) g. Emergency Medical Services Authority (EMSA)
h. Consumer Product Safety Commission & Virginia Graeme Baker Act i. Americans with Disabilities Act
j. California Department of Fair Employment and Housing

11. HEALTH AND SAFETY. Provider shall maintain health and safety standards in a reasonable and acceptable manner for the Premises, participants, and its employees in compliance with City standards and the other regulatory agencies listed in Section 10 above. These standards include but are not limited to:
a. Employee Injury and Illness Prevention Plan
b. Hazardous Materials Communications and Business Plan c. Blood borne Pathogens and Bio Hazardous Exposure Control Plan d. Lifting and Fall Prevention
e. Electrical Safety
f. Emergency Action Planning
g. First Aid
h. Heat Illness and Sun Protection
i. Confined Spaces
j. Chemical Storage
k. Personal Protective Equipment
l. Recreational Waterborne Illnesses (RWI’s)
m. Signage
Provider is responsible for keeping up to date with all changes, additions, or amendments to the laws, regulations and codes related to pool operations and aquatics programs.

12. STANDARD OF CARE. Provider shall provide aquatic programs and manage the Premises in a manner that is comparable to or above the standard of care that is reasonable and acceptable for a public pool in the surrounding communities. This standard of care should be demonstrated in all areas of operations including: supervision and lifeguard coverage, surveillance techniques, staff training, record keeping, basic maintenance and janitorial services during business hours, cleanliness of facilities, safety, and risk management. Provider is expected to ensure this standard of care by conducting annual audits by qualified external experts and including this information in the annual report to City staff and the City’s Parks and Recreation Commission identified in Section 9, above.

13. RISK MANAGEMENT. The Provider shall take all appropriate and necessary steps to provide adequate risk management planning to minimize liability or negligence by the Provider. The Provider shall manage their risk by demonstrating proficiency in the following areas:

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Page I-1.54
7 a. Emergency Action Plan - staff training plan, drills conducted, emergency equipment and communication process.
b. Facilities & Equipment - inspection, maintenance, and checklists. c. Supervision - quality, quantity, lesson plans and progression. d. Training - requirements and appropriate staff.
e. Documentation - manuals, waivers, medical screening, skills screening, risk information provided to public, policies and evaluations.

14. EMERGENCY ACTION PLAN AND PROCEDURES. Provider shall create and maintain all emergency procedures and emergency action plans for the Premises. An emergency action plan is required under Title 29 of Federal Regulations Sections 1910.38/.120/.156, and Title 8 California Code of Regulations, Sections 3220 and 3221. The emergency action plan covers all employees and non-employees who may be exposed to hazards arising from emergency situations. It must contain information for all of the Provider’s employees, including administration and line level employees using the plan in order to reduce the severity of emergency situations and minimize the risk to life and property.

15. MAINTENANCE, REPAIR, CUSTODIAL AND LANDSCAPING. The City will be responsible for the maintenance and repair of the equipment and facilities at the Premises, including:
a. Burgess Pool: three pools, appropriate signage, offices, lobby, locker rooms and shower area, restrooms, pool decks, fences and gates, lawn area, supply storage areas, equipment/mechanical rooms, chemical storage areas, and lights.
b. Belle Haven Pool: two pools, appropriate signage, office, locker rooms and shower area, restrooms, pool decks, fences and gates, supply storage areas, equipment/mechanical rooms, chemical storage areas, and lights.

If in the course of operating the Premises, Provider identifies any equipment, facilities or portion thereof in need of maintenance or repair, Provider shall notify the City’s Public Works Director or his/her designee as soon as possible and the City shall be responsible for performing the necessary maintenance or repair work. If any maintenance or repair work requires immediate emergency attention, Provider may engage a preferred City contractor directly after obtaining consent from the City’s Public Works Director or his/her designee. Provider shall be reimbursed by the City for any costs incurred by Provider in addressing the immediate/emergency maintain/repair work. If the Facilities or equipment are damaged due to the willful misconduct or negligence of Provider, its employees, subcontractors, or program participants, Provider is responsible for any necessary repair or replacement of such damage at Provider’s sole cost and expense.

Provider shall employ or contract one full-time custodial support staff from 3:00 a.m. to noon, consistent with Provider’s current practice. The City will provide Page H-8.48

















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8 janitorial service during midday and Saturday and Sunday evenings. The City and Provider shall coordinate custodial services to ensure the Premises is maintained in an orderly, clean and professional condition. The City shall provide all incidental facility supplies, such as paper towels, toilet paper, etc. The City agrees to reimburse Provider, upon approval by the Public Works Director, or his/her designee, up to Two Hundred Dollars ($200) per month for the purchase of incidental supplies. The City shall provide landscaping services for the Premises.

The City shall provide and be billed directly for all necessary pool chemicals.

Provider shall employ or contract for a Certified Pool Operator. Provider shall maintain standard operation procedure manuals and maintenance records and logs. These records will include: daily pool and chemical log and checklists for routine maintenance and janitorial duties (daily, weekly, monthly, quarterly, biannually, and annually).

16. UTILITIES. The City shall provide, without cost to Provider, all utilities necessary to operate the Premises for the purposes identified in this Agreement, including water, sewer, stormwater, electricity, gas, telephone and internet.

Provider shall modify operations to comply with any conservation requirements imposed by any utility operator. Provider shall consult with and obtain City approval prior to making any operational changes that would impact utility costs and regulatory compliance.

17. INSURANCE. Provider shall acquire and maintain Workers’ Compensation, Employer Liability, and Commercial General Liability relating to the Provider’s use of the Premises. The insurance company or companies must be approved by the City. Provider will furnish City with certificates and copies of information or declaration pages of the insurance required. Provider would need to provide the City with 30 days’ notice if any changes, cancellation, or nonrenewals. Provider is required to disclose any self-insured retentions or deductibles, which shall be subject to City’s approval, not to be unreasonably withheld. Provider’s insurance shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of the insurer’s liability (cross liability endorsement). Provider’s insurance coverage shall be primary insurance with respect to City, its Council, Boards, Commissions, agents, officers, volunteers or employees, and any insurance or self-insurance maintained by City, for themselves, and their Council, Boards, Commissions, agents, officers, volunteers or employees shall be in excess of Provider’s insurance and not contributory with it.

The minimum amounts of coverage corresponding to these categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation Statutory Minimum - include
endorsement waiving the insurer’s
right of subrogation against the City, its
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9 officers, officials, employees and
volunteers.

Employer’s Liability One Million Dollars ($1,000,000) per accident for bodily injury or disease –
include endorsement adding the City, it
officers, officials, employees and
volunteers as additional insured for
both ongoing operations as well as
products and completed operations;
include endorsement to provide
primary insurance and waive any rights
of contribution from the City’s
coverage.

Commercial General Liability Three Million Dollars ($3,000,000) per occurrence for bodily injury, personal
injury and premises damages. Must
include all areas in Insurance Service
Office (ISO) Form No. CG 00 01
(including Products and Completed
Operations if food is served or for
repairs done by the tenant, Contractual
Liability, Broad form property damage,
Participants and spectators coverage,
and Personal and Advertising injury
liability)
If Provider fails to maintain any of the insurance coverage required herein, then City will have the option to terminate this Agreement or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverage may be maintained. Provider is responsible for any payments made by City to obtain or maintain such insurance.

Provider shall require any subcontractor who uses the Premises more than once in any 12-month period to maintain and carry the same coverage as described above, which policies shall name the City as an additional insured.

Provider shall require such subcontractor to obtain and provide a certificate of insurance evidencing said coverage to the City.

Each Party hereby waives and agrees to obtain from each insurance carrier of the insured a "subrogation waiver endorsement" waiving its right of recovery to the extent of insurance proceeds, against the other Party, the other Party's officers, directors, agents, representatives, employees, successors and assigns with respect to any loss or damages, including consequential loss or damage to the insured's property caused or occasioned by any peril or perils (including negligent acts) covered by any policy or policies carried by the Party.

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10 18. INSPECTIONS AND AUDITS. The City reserves the right to conduct periodic and regular site inspections and operational audits. a. Safety: Provider will be required to comply with the City’s safety program guidelines and protocol. Quarterly inspections by an outside vendor will be conducted and recommendations for compliance will be enforced. City staff will be responsible for following up with the Provider on specific safety issues identified in the quarterly inspection. The Provider will be required to comply with the City’s requests in a timely manner. In addition, documentation demonstrating compliance with all city, county, state and federal regulations will be required to be kept up to date and reviewed on an annual basis or more frequently as deemed necessary by the City.
b. Maintenance: City staff reserves the right to conduct weekly, monthly, quarterly, and annual inspections relative to Provider’s responsibilities pursuant to this Agreement, including inspections relating to pool chemistry, pool equipment, and safety practices.
c. Operations: An annual operational audit will be conducted by an external expert and industry professional approved by the City. An observational audit, lifeguard skills assessment, and site inspection shall be conducted annually. An overall operational audit shall be conducted every two years. This audit should include but may not be limited to: staff skills assessment, staff selection and training procedures, policies and procedures review, site inspection, code compliance and record keeping practices, and adherence to aquatic safety standards.
d. Financial Review/Audit: Provider shall provide complete financials for all aquatics programs and/or programs operated out of the Premises (with administrative costs/salaries that may be related to both aquatics and non-aquatics programs fairly allocated between such programs) prepared in accordance with generally accepted accounting principles for each calendar year during the Term of this Agreement for City staff and outside consultant review. The purpose for such review shall be for determining appropriate revenue sharing, if any, pursuant to Section 8.

Provider agrees, upon the City’s request, to make all books and records available to the City for review such that the City is provided the opportunity to confirm the accuracy of the financial reports provided.

19. CITY ACCESS. The City shall have access to the Premises or any part thereof for municipal purposes, which may include the performance of maintenance and repairs in or upon the Premises, the inspection of the Premises, or the use, maintenance, repair of adjoining areas. When City access will be during the Provider’s operational hours and may impact the provision of Services, the City shall provide prior notice and coordinate access with the Provider.

20. IMPROVEMENTS. Provider shall not make, nor cause to be made, nor allow to be made, alterations or improvements to the Premises, without the prior Page H-8.51

















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11 written consent of City, not to be unreasonably delayed or withheld. All improvements or alterations constructed or installed shall be removed and the Premises restored to substantially the same condition existing prior to such construction or installation, upon the termination of this Agreement, unless the prior written approval of City is secured, allowing such improvements or alterations to remain in place, in which case, title thereto shall vest in City. All improvements undertaken pursuant to this Agreement will be at City’s sole expense and the City will be responsible for the use and maintenance of the improvements.

21. NOISE. Except in the event of an emergency, Provider shall not use any amplified sound, whistles, bullhorns, music, etc., between the hours of 5:30 a.m. to 8:00 a.m., and/or from 8:00 p.m. to closing during any day of operation. In order to minimize impacts of major events on residents of the surrounding neighborhood, Provider will notify the City on a quarterly basis of all swimming meets or other large group events beyond normal operations to allow the City to notify the neighborhood in advance of such events.

22. PARKING. Provider shall instruct its patrons to park away from the nearest residences before 8:00 a.m. and after 8:00 p.m.

23. WAIVER OF CLAIMS. Except as it relates to claims asserted by anyone related to or arising from The City’s failure to fulfill its obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, Provider waives all claims against City, its Council, Commissions, agents, officers, volunteers, contractors or employees for any damages to the improvements in, upon or about the Premises and for injuries to any employees of Provider or their agents, invitees or subcontractors in or about the Premises from any cause arising at any time, where City had no involvement or where such damages or injuries did not arise out of the instruction or guidance of the City. In no event shall the City be responsible for loss of profits or any consequential damages to Provider.

24. INDEMNIFICATION. Except as it relates to claims asserted by anyone related to or arising from The City’s failure to fulfill its obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, Provider will defend, indemnify and hold City, its Council, Commissions, agents, officers, volunteers or employees harmless from any damage or injury to any person, or any property, from any cause of action arising at any time from the use of the Premises by Provider, and Provider’s invitees, program participants, and visitors, or from the failure of Provider to keep the Premises in good condition, including all claims arising out of the negligence of Provider, but excluding any damage or injury caused by the willful misconduct or negligence of City or its employees, agents or contractors. City will defend, indemnify and hold Provider, its members, agents, officers, volunteers or employees harmless from any damage or injury to any person, or any property, Page H-8.52

















Page I-1.59
12 from any cause of action arising at any time from the willful misconduct or negligence or City or its employees, agents or contractors.

Each Party’s indemnification obligation set forth above will include any and all costs, expenses, attorneys’ fees and liability incurred by any indemnified Party or person in defending against such claims, whether the same proceed to judgment or not. Each Party will, at its own expense and upon written request by a Party to be indemnified as provided hereinabove, defend any such suit or action brought against the Party to be indemnified, its Council, Commissions, members, agents, officers, volunteers or employees (as applicable). This Section will survive the expiration or termination of this Agreement.

25. HAZARDOUS MATERIALS. Provider shall not use or store any Hazardous Materials in, on, or about the Premises except in compliance with all applicable federal, state, and local laws, statutes, ordinances, and governmental regulations, and the highest standards prevailing in the industry for storage and use of any such Hazardous Materials, nor allow any Hazardous Materials to be brought in the Premises, except to use in the ordinary course of Provider’s business, and then only after written notice to City of the Hazardous Materials to be used by Provider. Provider shall not cause or permit the escape, release, or disposal of any Hazardous Materials in the Premises.

In addition, Provider shall, at City's request, execute affidavits, representations, or other documents concerning Provider’s best knowledge and belief regarding the presence of any Hazardous Materials in the Premises.

Provider shall indemnify, defend, and hold harmless City from any liability, cost, or expense, including reasonable attorneys' fees, arising from the use, storage, release or disposal of any Hazardous Materials in, on, or about the Premises by Provider, its agents, employees, contractors, or invitees. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

For the purposes of this Agreement, the term “Hazardous Material” shall mean any substance or material which has been designated hazardous or toxic by any federal, state, county, municipal, or other governmental agency or determined by such agency to be capable of endangering or posing a risk of injury to, or adverse effect on, the health or safety of persons, the environment, or property, including without limitation those substances or materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.

26. ATTORNEY’S FEES. In any legal action brought by either Party to enforce the terms of this Agreement, the prevailing party is entitled to all costs incurred in connection with such an action, including reasonable attorneys' fees.

27. ARBITRATION. Any dispute regarding the breach of this Agreement shall be decided by binding arbitration pursuant to the rules of the American Page H-8.53

















Page I-1.60
13 Arbitration Association, and not by court action, except as otherwise provided in this Section or as allowed by California law for judicial review of arbitration proceedings. Judgment on the arbitration award may be entered in any court having jurisdiction. The Parties may conduct discovery in accordance with California Code of Civil Procedure. This provision shall not prohibit the Parties from filing a judicial action to enable the recording of a notice of pending action for order of attachment, receivership, injunction, or other provisional remedy. Venue for the resolution of any such dispute or disputes shall be in San Mateo County, California.

BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY

DISPUTE ARISING OUT OF THE MATTER INCLUDED IN THE ARBITRATION

OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS

PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS

YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP

YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE

RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER

AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE

UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO

SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. __________ __________
Provider City

28. VENUE. Provider agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Mateo County, California.

29. ASSIGNMENT AND NONTRANSFERABILITY. Provider understands and acknowledges that assignment of this Agreement is absolutely prohibited without the written consent of City, and any attempt to do so without City’s written consent may result in termination of the Agreement at the will of City.

Notwithstanding the foregoing, City shall grant permission to Provider to contract with other entities or organizations to provide some of the programs at the Premises for certain hours, subject to prior approval by the City, which shall not be unreasonably withheld. Such use is contingent, in part, upon said entity or organization indemnifying and insuring City in the same manner and amount that Provider has indemnified and insured City under this Agreement. City, its Council, Boards, Commissions, agents, officers, volunteers and employees shall be named Page H-8.54

















Page I-1.61
14 as additional insureds. Any insurance policy maintained by a such an entity organization will be in addition to, and shall not replace, any insurance required of Provider.

30. LIENS AND ENCUMBRANCES. Provider shall have no authority to do anything that may result in a lien or encumbrance against the Premises. Without limiting the foregoing, however, Provider agrees to pay promptly all costs associated with the activities associated with this Agreement and not to cause, Agreement, or suffer any lien or encumbrance to be asserted against the Premises. In the event that Provider causes, leases, or suffers any lien or encumbrance to be asserted against the Premises related to activities associated with this Agreement, Provider, at its sole cost and expense, shall promptly cause such lien or encumbrance to be removed.

31. TERMINATION OF AGREEMENT.
a. Default. City or Provider shall have the right to terminate this Agreement by written notice to the other party for any default or breach of any term or condition of this Agreement by the other Party; provided, however, the non-defaulting and non-breaching Party must first deliver written notice to the other Party of any such default or breach, and if such breach or default exists for more than 30 days after the delivery of such notice without being cured, the non-defaulting and non-breaching Party may elect to terminate this Agreement by giving written notice of such termination to the defaulting Party. Termination shall be effective on the date specified in the notice, which date shall not be less than 30 days nor more than 180 days following such notice. In addition to termination, the non-defaulting and non-breaching Party shall be entitled to pursue any and all other remedies provided by law.
b. City Dissatisfaction. If City and/or Menlo Park community believes Provider has not satisfied community needs with respect to public access, service and program quality, public safety, noise restrictions and/or parking, City may deliver written notice to Provider of such dissatisfaction and the Parties shall meet and confer within 15 days of Provider’s receipt of such notice. If the matter is not resolved to the City Manager’s satisfaction, City may terminate this Agreement by giving written notice of such termination to Provider. Termination shall be effective not less than 90 days after the date of such notice. Provider shall have the right to appeal such termination to the City Council within 10 days of Provider’s receipt of such notice. Upon receipt of Provider’s timely appeal, the Council shall place the matter on the City Council agenda and make the final determination with regard to the termination of the Agreement and shall give written notice to Provider of such final determination. If the City Council determines the Agreement Page H-8.55

















Page I-1.62
15 should be terminated, termination of the Agreement shall be effective not less than 90 days after the date of such notice.
c. City Expense. The City may terminate this Agreement, effective 90 days from the date of the notice, if the City’s costs for maintenance and repair (Section 15), and utilities (Section 16) are exceeding the amounts budgeted by the City for such costs.
d. Provider’s Option. Provider may terminate the Agreement at Provider’s option upon the occurrence of any of the following: (1) upon the death of Tim Sheeper; (2) upon the disability of Tim Sheeper, if such disability prevents him from running Provider’s business operations for a continuous period of 60 consecutive days; or (3) upon financial hardship, which shall require not less than six month written notice to terminate Agreement based on financial hardship.

Termination shall be effective on the later of 90 days after the date of any such notice, the date of termination specified in the notice or such later effective date as is required pursuant to any specific provision of this Agreement. In the event Provider does not elect to terminate the Agreement as permitted herein, the Agreement shall remain in full force and effect for the remainder of the Term, unless subsequently terminated for another cause or event as specified herein.

32. CONDITION OF PREMISES UPON TERMINATION. Upon the
effective termination of the Agreement, Provider shall restore the Premises to its condition prior to the execution of this Agreement, excluding (a) wear and tear and natural deterioration based on the passage of time, (b) items subject to the City’s obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, and (c) other changes or improvements to the Premises previously approved by the City, remove all personal property, including furniture, furnishings, vehicles, and equipment, belonging to Provider or Provider’s employees, invitees, and agents. Should Provider fail to perform those obligations by the effective termination date, the Parties agree to the following:
a. Such remaining property shall be deemed abandoned and Provider waives all provisions for disposition of abandoned personal property required by California law including but not limited to California Code of Civil Procedure Section 1980 et. seq. (requiring notice for reclaiming abandoned property and public sale for disposition).
b. City has the right to take action to remove Provider’s personal property. Should City exercise this right, Provider shall be liable to City for:
i. the actual cost of this removal, demonstrated by valid receipts and invoices;
ii. a 15 percent overhead to City for reasonable costs in contracting and supervising the removal work; and
Page H-8.56

















Page I-1.63
16 iii. any attorneys' fees incurred by City to remove Provider from the Property after termination, if necessary. Invoices must be paid within 10 days of submission of invoice to Provider. If not paid within this time, then interest will be charged at 10 percent or the maximum extent allowed by law, whichever is less.

33. NOTICE. All notices under this Agreement shall be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent.

Should City or Provider have a change of address, the other party shall immediately be notified as provided in this section of such change.

Provider City
Team Sheeper, Inc. City of Menlo Park
Attn: Tim Sheeper Attn: City Manager
501 Laurel Street 701 Laurel Street
Menlo Park, CA 94025 Menlo Park, CA 94025
(650) 369-7946 (650) 330-6610

34. COMPLETE AGREEMENT. This Agreement contains the entire agreement between the Parties with respect to the matters set forth herein and supersedes all prior or contemporaneous agreements (whether oral or written) between the Parties with respect to the matters set forth herein.

35. AMENDMENT. This Agreement may be amended only by a written instrument executed by the Parties.

36. AUTHORITY. The individuals executing this Agreement on behalf of Provider represent and warrant that they have the legal power, right and actual authority to bind Provider to the terms and conditions of this Agreement.

37. NO WAIVER. Waiver by either Party of a breach of any covenant of this Agreement will not be construed to be a continuing waiver of any subsequent breach. City's receipt of rent with knowledge of Provider’s violation of a covenant does not waive City's right to enforce any covenant of this Agreement. No wavier by either Party of a provision of this Agreement will be considered to have been made unless expressed in writing and signed by all parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement by their officers therein duly authorized as of the date and year first written above.

Page H-8.57

















Page I-1.64
17 CITY OF MENLO PARK
By: _____________________________
ATTEST:
___________________
City Clerk
TEAM SHEEPER, L.L.C.
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer

Page H-8.58

















Page I-1.65
18 Exhibits
A. Burgess Pool Site Map
B. Belle Haven Pool Site Map
C. Scope of Services
D. SOLO Schedule and Terms
Page H-8.59

















Page I-1.66

BURGESS POOL MAP
Page H-8.60

EXHIBIT A

















Page I-1.67
BELLE HAVEN POOL MAP :

Parking Lot
Woman’s
Locker
Room
Men’s
Locker
Room
Mechanical Room
& Chemical
Storage
Office
Mechanical and
Chemical
Storage Room
Main Pool
Wading Pool
Page H-8.61

EXHIBIT B

















Page I-1.68

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Page I-1.72

EXHIBIT D

SOLO SCHEDULE AND TERMS
The SOLO Aquatics swim team (“SOLO”) will be able to use Burgess Pool and Belle Haven Pool on the following terms:
a. Lane space will be provided from 4:00 to 5:30 p.m., Monday through Friday, eight (8) lanes in Burgess performance pool September 1st through May 31st.
b. Lane space will be provided from 4:00 to 5:30 p.m., Monday through Friday, four (4) lanes in Burgess performance pool June 1st through August 31st. Additional lanes may be provided at current rental rates during summer if Provider agrees and open swim attendance allows. c. Rental rate will be $14 per lane hour for the term of the Agreement. d. SOLO may elect to opt out of any of the hours provided for herein with 30 days notice.
e. SOLO will be billed thirty (30) days in advance and on a monthly basis. Any payment not received by Provider within fifteen (15) days of the due date shall be subject to a late payment penalty of five percent (5%) of the amount due.
f. When the Belle Haven Pool is operational, youth swim team rental shall have the option to use the Belle Haven Pool at agreed upon rates and times.
g. Youth swim team will have access lobby area of the Burgess Pool for marketing purposes to be approved by Provider in advance. h. SOLO shall provide proof of insurance listing the Provider and City as additional insureds.
i. SOLO shall comply with all of the facilities policies and rules of conduct.
j. SOLO may not allow any other organization or individual to use any of the privileges or services provided by the Provider
k. SOLO is responsible for the control and supervision of all participants in their program.
l. If storage is provided for equipment at the request by SOLO, the Provider is not responsible for any damages or losses to the SOLO’s equipment.
m. They City and Provider reserve the right to close the pool(s) at any time for maintenance or any safety reason. Provider will make every attempt to give notice when possible and assist with informing the SOLO and its participants.
n. Provider shall have the right to terminate its agreement with SOLO by written notice to the SOLO for any default or breach of any term or condition herein. SOLO will be provided not less than thirty (30) days notice and opportunity to cure any notice of default. Provider shall provide City with a copy of any notice of default provided to SOLO.

Page H-8.66

















Page I-1.73
o. City requires a written agreement on a form approved by the City Attorney between the two parties with a copy provided to the City no later than the commencement of the Term of the Agreement between the City and Provider; provided however, Provider shall not be considered in default of the terms and provisions of the Agreement if SOLO has refused to execute a written agreement with Provider on such form approved by the City Attorney.

Page H-8.67

















Page I-1.74
2021 ANNUAL

AQUATIC
REPORT
January, 2022
Presented by
Team Sheeper Inc./Menlo Swim and
Sport
Prepared for the City of Menlo
Park Parks and Recreation
Commission
ATTACHMENT B Page I-1.75
1 Table of Contents
Introduction................................................................................................................................................. 2 Program Statistics (2019, 2020 and 2021 Comparison)............................................................................... 3 Burgess..................................................................................................................................................... 3 Belle Haven .............................................................................................................................................. 7 Program Fees............................................................................................................................................... 9 Local Pool Comparisons............................................................................................................................. 11 Survey Responses ...................................................................................................................................... 12 Employee Data........................................................................................................................................... 18 Risk Management Documentation ............................................................................................................ 18 Summary.................................................................................................................................................... 26 Appendix A Facility Audit........................................................................................................................... 27 Page I-1.76
2 Introduction
We are once again proud to be in the position to deliver this annual report to the City of Menlo Park Parks and Recreation Commission. This submission signifies that we were able to survive a year that included:

1. 6 months of regulated and competitive reservations for pool usage

2. Highly restrictive guidelines impacting and limiting community usage of the facility.

3. Pandemic weariness from all involved.

This year also included:

1. 6 months of unrestricted usage for lap and team swimmers.

2. Community and staff members making the awkward transition from isolation to integration in the aquatic setting

3. Working to rebuild a decimated work force and resurrect pandemic deleted programming.

Navigating the path forward to provide the best service in the safest environment was a chore that required constant interpretation of data and information distributed by various governmental sources that required us to then package and deliver evolving rules of engagement to our sometimes anxious but always supportive community of swimmers. We discovered through the survey that they most always felt safe and protected.

A highlight in this report is showing with supporting data how the Menlo Park lap swim program has risen to prominence and is the leader in the Bay Area as measured in time available to swim, space available to swim and value of that swim experience.

Needless to say, 2021 had plenty of distractions and complexities. Many of the hurdles have been thankfully cleared. We are looking forward to the New Year with the intention to settle into a rhythm of serving, rebuilding, and rejuvenating.

We will continue our search to strike the balance to achieve peace and contentment for all user groups of Burgess Pool.

Page I-1.77
3 Program Statistics (2019, 2020 and 2021 Comparison)
Burgess
Page I-1.78
4 Page I-1.79
5 Facility visits 2019 2020 2021
Lap Member Visits 55,801 26,364 45,895
Lap Drop Ins 16,914 16,260 20,600
Open Drop Ins 19,980 2,328 7,805
Menlo Masters 17,164 9,273 15,749
Camp 6,030 4,830 5,730
Swim Lessons 44,558 9,576 5,242
Bridge Swim 0 0 2,600
Aqua Fit 9,089 1,010 930
Youth Teams 24,200 14,000 16,800
TOTAL 189,536 83,641 121,351
Page I-1.80
6 Page I-1.81
7 Belle Haven

Belle Haven Facility visits 2019 2020 2021 (Jan-May)
Lap Member Visits 1,351 4,481 4,979
Lap Drop-Ins 2,224 5,144 3,202
Open Drop-Ins 3,485 319 318
Swim Lessons 4,354 64 0
Youth Water Polo 1,620 0 0
TOTAL 13,034 10,008 8,499
Page I-1.82
8 Page I-1.83
9 Burgess Program Hours
Pool Schedule allocation by program for previous year and projections for upcoming year.

Program Fees
Summer Non-Summer Summer Non-Summer
Lap Swim 92 92 92 92
Open Swim 48 14 54 18
Swim School 56 56 56 56
Menlo Masters 17 17 17 17
Aqua Fit 2 3 10 10
Camp 35 0 35 0
Youth Teams 22 21 22 22
Program
2021 2022 (Projected)
Page I-1.84
10 Average swims per member per month: 8.5
General Senior Student General Senior Student
Lap Swim $64 $54 __ $69 $59 __ __
Menlo Masters $114 $104 $104 $114 $104 $104 $30
Aqua Fit $78 $70 __ $78 $70 __ __
Triathlon $180 __ __ $180 __ __ $60
Membership Pricing
Monthly Fee
Annual
Team Fee Resident Non-Resident
Average cost per swim Resident Non-Resident
General $7.53 $8.12
Senior $6.35 $6.94
General Senior Child Family General Senior Child Family Lap Swim $9 $8 __ __ $10 $9 __ __
Open Swim $9 __ $5 $28 $10 __ $6 $30
Masters $20 __ __ __ $20 __ __ __
Aqua Fit $20 __ __ __ $20 __ __ __
Drop In Pricing
Resident Non-Resident
Page I-1.85
11 Local Pool Comparisons
Page I-1.86
12 Survey Responses
Page I-1.87
13 Page I-1.88
14 Page I-1.89
15 Page I-1.90
16 Page I-1.91
17 Page I-1.92
18 Employee Data
All Lifeguards, Managers, Swim Instructors are Red Cross First Aid, CPR and AED certified.

Managers Custodian and Director of Operations are Certified Pool Operators.

Risk Management Documentation
Emergency Action Procedures (EAP)
The Emergency Action Plan (EAP) is a protocol that describes the roles and responsibilities of the staff during an emergency. EAPs are a very important aspect of lifeguarding because by designating roles prior to emergencies, lifeguards can rescue and treat victims more quickly and effectively. This can only be achieved when the EAP is known by all and practiced with regularity. Emergencies are not all the same, it follows that the response to a passive drowning victim in the water would differ from that of a stroke victim on land. While there will be areas of crossover from one plan to the next, it is important that you are aware of each plan and when to activate them. Palo Alto Swim and Sport has three main EAPs: Water Based Emergency, Land Based Emergency, and Environmental Emergency.

Water Based Emergency
Reacting to water based emergencies is the main reason lifeguarding exists as a profession. Three common examples of water-based emergencies include: distressed swimmers, drowning victims and nonfatal submersion victims. Injuries and sudden illness can occur either in or out of the water. When incidents occur in water then you have a water based emergency.

Common examples of injuries and sudden illness may include: head, neck or back injuries, severe bleeding, wounds, fractures, dislocations; heart attacks, breathing and cardiac emergencies, seizures and strokes, temperature-related emergencies such as cramps, heat exhaustion, heat stroke and hypothermia.

Lifeguards 27
Managers 3
Swim Instructors 5
Coaches 5
Team Managers 2
Custodian/Maintenance 1
Service Center/Front Desk 6
CEO, CFO, Director of Operations 3
Total 52
Employees
Page I-1.93
19 Water based emergencies require at least two guards in order to extricate the victim from the water, meaning that those lifeguards cannot perform patron surveillance. To speed rescue and prevent collateral damage the pool must be empty of patrons, or in the process of being evacuated, while extricating a victim. Because of these reasons the pool will remain closed until the emergency is over and all lifeguards can return to duty.

EAP - Water Based Emergency

1. Primary rescuer performs 3 short, loud whistle blasts and yells “WATER EMERGENCY, CLEAR THE POOL”. All guards on deck respond by echoing the 3 whistle blasts and yelling “WATER EMERGENCY, CLEAR THE POOL”

2. Secondary rescuer tells the front desk and informs them as to the nature of the emergency and if they need to call 911- if that has been determined yet.

3. Primary rescuer performs rescue and calls for backboard if needed.

4. Secondary rescuer gathers equipment such as, the AED, Oxygen, and backboard and then assists with rescue.

5. Other guards will take on the role first of assisting with treatment by obtaining equipment (oxygen, AED, BVM,etc.) and communicating with front desk to ensure 911 has been called; and second by assisting with crowd control – pool evacuation, keeping walkways clear and directing EMS personnel to the appropriate location.

6. Primary and secondary rescuers should stabilize and treat victim until EMT’s arrive.

Treatment should always be performed by the person with the highest level of training. This means that after water extrication a different lifeguard may take over treatment. Lifeguards will only stop treatment once EMS personnel take over treatment.

**Pool will remain closed until emergency is over and all lifeguards can return to duty** Land Based Emergency
Land based emergencies are another type of emergency that lifeguards must be able to react to. As stated above, injuries and sudden illness can occur either in or out of the water.

Common examples of injuries and sudden illness include: head, neck or back injuries, severe bleeding, wounds, fractures, dislocations, heart attacks, breathing and cardiac emergencies, seizures and strokes, temperature- related emergencies such as cramps, heat exhaustion, heat stroke and hypothermia.

All of these are examples are land based emergencies, provided of course that they take place on land.

Unlike water based emergencies, the pool may be able to stay open during a land based emergency.

This is because treatment of the victim may only require one guard.

The following conditions would require shutting down the facility to allow for enough room to treat the victim and to prevent secondary injuries due to normal facility operation: head, neck or back injuries, heart attacks, breathing and cardiac emergencies, seizures and strokes.

Page I-1.94
20 EAP - Land Based Emergency

1. Primary rescuer communicates to other guards that someone has been injured, and tells them that another guard needs to come out to cover primary rescuer’s pool, or to assess the victim.

2. Primary rescuer then assesses victim to determine if 911 needs to be called. If 911 needs to be called, perform 3 short, loud whistle blasts and yell “LAND EMERGENCY, CLEAR THE POOL” All guards on deck respond by echoing the 3 whistle blasts and yelling “LAND EMERGENCY CLEAR THE POOL”.

3. Secondary rescuer tells the front desk to call 911, include a short explanation such as “we have an unconscious adult male, approximately 30 years of age...” then proceed with appropriate treatment.

4. Secondary rescuer gathers equipment, such as, AED and Oxygen, and assists with rescue.

5. Other guards will take on the role first of assisting with treatment by obtaining equipment (oxygen, AED, BVM, etc.) and communicating with front desk to ensure 911 has been called; and second by assisting with crowd control – pool evacuation, keeping walkways clear and directing EMS personnel to the appropriate location.

6. Primary and secondary rescuers stabilize and treat victim until EMS arrives. Treatment for a victim should always be performed by the person with the highest level of training. This means that after the assessment or starting of treatment, a different lifeguard may take over treatment.

Lifeguards will only stop treatment once EMS personnel take over treatment.

**Pool will remain closed until emergency is over and all lifeguards can return to duty** When to Call 911
Land EAP -

1. The primary rescuer then does a primary assessment of the victim to determine if 911 needs to be called. If 911 does not need to be called, they begin the secondary assessment of the victim. When in doubt about whether or not to call 911, ask your supervisor for help. If your supervisor is not present, then 911 should be called. If a patron refuses 911 assistance, the patron must sign a refusal of care form that EMS will provide.

2. If victim is a minor, then all efforts should be made to locate their parent or guardian. The secondary rescuer asses patient and will determine if 911 need to be called.

3. Not all land-based emergencies require 911 to be called. This decision to close the pool should be made by the lifeguard who is watching the pool, taking into account bather load and the programs in the water at the time. If the lifeguard feels uncomfortable with their bather load, or feels that patron safety is compromised, close the pool.

Land Based Emergency (non-911)

1. Primary rescuer communicates to other guards that someone has been injured, and tells another guard
a) will need to come out to cover primary rescuer’s pool or to assess the victim.

Page I-1.95
21 b) can communicate with the front desk to call the parent/guardian if needed.

The victim should be moved to the first aid station if injuries allow movement. c) The primary rescuer then treats victim according to their injuries. Once treatment is complete, release victim back to coach or parent/guardian, if a minor and fill out all necessary paperwork and attempt to notify guardians.

** It is always important to remember that a victim’s condition can always deteriorate. Primary rescuer must constantly reassess and be prepared to call 911 if victim’s condition worsens. ** Environmental Emergency
Environmental emergencies happen when the surrounding environment poses a risk of injury to staff and patrons. Severe weather and natural disasters are an example of environmental emergencies.

Severe weather and natural disasters can involve violent winds, thunderstorms, tornadoes, lightning, earthquakes, mudslides and flash floods. In addition, certain emergencies may result from a specific facility problem, such as a fire or chemical
spill. Communication is of utmost importance. Lifeguards should be communicating with supervisors, front desk and other staff during an environmental emergency. It is also important to communicate the nature of the emergency to the patrons; however stopping to answer questions is rarely possible during an emergency. The first two steps for these EAPs are the same; the latter steps are determined by the nature of the environmental emergency.

EAP – Fire

1. Lifeguard observes an environmental emergency that warrants immediate pool closure such as:
thunderstorms, tornadoes, lightning, earthquakes, or fire. Lifeguard performs one, loud and long whistle blast, and yells “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.” All guards on deck respond by echoing the whistle blast and yelling “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.”

2. Establish communication with front desk and supervisors to inform them as to the nature of the emergency while clearing the pool. The next steps are determined by the nature of the environmental emergency.

3. Each lifeguard clears his or her own pool and directs patrons to the closest emergency exit. Lifeguards must inform patrons that they CANNOT go back into the building to obtain any personal belongings due to risk of
injury. Guards must make sure all patrons exit through the closest exit, and that patrons do not crowd around the other side of these exits. Once all patrons have exited, guards must check in with a supervisor. After supervisor is aware of the deck being cleared, lifeguards exit through the emergency exit closest to them.

4. Supervisors and other staff will be responsible for clearing the building and bathrooms. In the absence of supervisors the highest ranking lifeguard will clear the building and bathrooms. After patrons have exited the pool deck through the emergency exits the building must be cleared. Clear the break room Page I-1.96
22 and office first, then the bathrooms. Move into the bathroom and check each stall, while stating loudly, “Everyone out of the building there is a fire!” Once the bathrooms are clear, lock the door and exit through the main entrance. If anyone is in the building they should exit through the closest exit as long as it is not blocked by fire.

5. Patrons and staff then wait for the fire department to come fight the fire or to give the “all clear.”

EAP - Earthquake

1. Lifeguard observes an environmental emergency that warrants immediate pool closure such as thunderstorms, tornadoes, lightning, earthquakes, or fire. Lifeguard performs one, loud and long whistle blast, and yells “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.” All guards on deck respond by echoing the whistle blast and yelling “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.”

2. Establish communication with front desk and supervisors to inform them as to the nature of the emergency while clearing the pool. Beware that during an earthquake pool water can violently slosh over the edges. For this reason it is important to quickly get patrons out of the pool and to ensure patrons promptly get away from sides of pool.

3. Each lifeguard clears his or her pool and directs patrons to the closest emergency exit. Lifeguards must inform patrons that they CANNOT go back into the building to obtain any personal belongings due to risk of injury. Guards must make sure all patrons exit through the closest exit, and that patrons do not crowd around the other side of these exits. Once all patrons have exited, guards must check in with a supervisor. After supervisor is aware of the deck being cleared, lifeguards exit through the emergency exit closest to them.

4. Lifeguards must keep in contact with a supervisor. If no supervisors are working at the time of the earthquake, lifeguards must wait for about five minutes after all shaking has stopped then check the building for injured staff and patrons. If injuries are found call 911 if warranted, or if unsure about how to treat victims. If any small fires are discovered use fire extinguishers to put them out and/or call 911 if fire is not easily dealt with. Leave building as soon as it has been swept through, do not stay in building longer than absolutely necessary.

5. Emergency personnel or official media broadcasts (radio, TV, internet) will inform the patrons and staff when it is safe to re-enter buildings and obtain their possessions.

Chemical Spill
Chemical spills are a very rare but serious emergency. While there are many chemicals utilized for the proper functioning of a pool, there is only one chemical that would cause an emergency related spill, Hydrochloric Acid (Muriatic Acid). It is stored in a tank, in a room, near the front of the building.

If a spill were to take place it may happen in the following areas: 1) when the tank is being filled; or 2) because of material failure of the storage tank. Either way the spill will mostly likely occur near the front entrance of the building.

Page I-1.97
23 EAP - Chemical Spill

1. Lifeguard observes an environmental emergency that warrants immediate pool closure such as:
thunderstorms, tornadoes, lightning, earthquakes, or fire. Lifeguard performs one, loud and long whistle blast, and yells “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.” All guards on deck respond by echoing the whistle blast and yelling “ENVIRONMENTAL EMERGENCY, CLEAR THE POOL.”

2. Establish communication with front desk and supervisors to inform them as to the nature of the emergency while clearing the pool. Beware of the fumes and do not let the liquid touch you or any patrons. Tell front desk to call 911 and immediately direct all patrons to exit the facility through the closest exit away from the spill.

3. Each lifeguard clears his or her own pool and directs patrons to the closest exit away from the spill.

Lifeguards must inform patrons that they CANNOT go back into the building to obtain any personal belongings due to risk of injury. Guards must make sure all patrons exit through the closest exit, and that patrons do not crowd around the other side of these exits. Once all patrons have exited, guards must check in with supervisor via
radios. Ensure 911 has been notified of the spill. After supervisor is aware of the deck being cleared, lifeguards then exit through the closest emergency exit that is away from the spill.

4. Supervisors and other staff will be responsible for clearing the building and bathrooms. In the absence of supervisors the highest ranking lifeguard will clear the building and bathrooms. After patrons have exited the pool deck the building must be cleared. Clear the bathrooms first, and then move to the rest of the
building. Move into the bathroom and check each stall, while saying loudly, ”Everyone out of the building there is a chemical spill!” If anyone is in the bathrooms they must exit through the exits on the pool deck. Once the bathroom is clear, lock the doors. After bathrooms are cleared and locked, clear the rest of the building, starting with the front office and the break room. If anyone is in the building they should exit through the exits on the pool deck.

5. Patrons and staff then wait for the fire department to respond to the spill and give the “all clear.” If the chemical smell becomes strong enough to be painful to eyes and lungs, the lifeguards must move everyone farther away from the spill.

Pool Closure
There are a many reasons why the pool may be closed due to non-medical emergencies. The most common issues are: biohazards, pump room issues and weather conditions.

Biohazard Procedure
If a biohazard happens, you must take immediate and swift action. Biohazards range from fecal incidents to large volumes of blood contamination. Once aware of the situation immediately blow your whistle and yell, “Clear The Pool Please!”
In the event of solid fecal matter, vomit or excessive blood, notify the front desk of pool closure and estimated 16
Page I-1.98
24 time of reopening. The chlorine level must be raised to 2 parts per million (ppm) and the pool closed for 30 minutes to properly decontaminate the area. The pool are normally kept at a higher level than 2 ppm, see Pool Closure Binder for proper dosing charts.

Once the pool is evacuated obtain the following items:
• The proper amount of chlorine from the wet chemical storage area

• A biohazard disposal bin

• A pool scoop and gloves

• Put on gloves and proceed to scoop the contaminate out of the pool. Place the net and contents into the biohazard disposal bin and add the chlorine to affected area. Collect all items and return to the pump room for complete decontamination and disposal. • Place contents of scoop into the biohazard bin and rinse the scoop under running water • Fill a five gallon bucket 3⁄4 full with a chlorine/water solution: one part chlorine for every nine parts water

• Detach the net from the pole and place the net in the solution for 20 minute

• Once clean, dispose the gloves in the biohazard bag, tie the bag off and then place the bag in the garbage receptacle
When this last step has been completed, obtain and complete a “pool closure form” from the pump room desk. Pump Room Issues As lifeguards, there are few times that you will be in the pump room however, it is important to know what issues may require the pool being closed. The first thing to do when coming across most of these problems is to notify your manager or call individuals on the Facility/Maintenance Contacts list to receive further instructions.

Circulatory Pump
If the circulatory pump for a pool is
turned off then the pump is off and the filters cannot function, and without filters patron cannot be in the pool. To determine if a given pump is on or off look at the breaker panel; if the light is off then the pump is off. First notify your supervisor, and then clear the affected pool. If no supervisor is present, first clear the affected pool and then call individuals on the Facility/Maintenance Contacts List to receive further instructions.

Pool Chemistry
Issues
pH Levels
pH levels that are out of prescribed ranges have the potential to cause injury or illness to those in the water. If the pH is lower than 7.2 or higher than 7.8, notify your supervisor or call individuals on the Facility/Maintenance Contacts List to receive further instructions. A pH level that is out of the prescribed range may require the pool to be cleared.

Chlorine It is imperative to ensure that the pool has the proper part per million (ppm) of chlorine. If the chlorine levels are below 1 ppm or above 10 ppm then notify your supervisor or call individuals on the Facility/Maintenance Contacts List to receive further instructions. With this issue the pool may need to be cleared.

Hazardous
Weather
Lightning, thunder, hail, and tornado watches or warnings are all possible reasons for pool closure due to
weather. However, the most common of these are thunder and lightning. If you hear thunder or see lightning, then the pool must be closed and the deck must be cleared. The deck and pool must remain closed for 30 minutes after each instance of thunder or lightning.

For example, a lightning strike occurs so you close the pool for 30 minutes. If 25 minutes passes and you see lightning again, the clock would reset. Everyone must wait 30 minutes from the last lightning strike before reentering the water.

Page I-1.99
25 Air Quality Facility and Program Closure Protocol:

Due to the common occurrence of wildfires in the Northern California region, Team Sheeper Inc has implemented our own Air Quality Facility and Program Closure Protocol. The data in which we will use to implement our company protocol comes from the website PurpleAir.com as it displays a more accurate and current air quality reading.

The primary colors you should be aware of when the air quality starts to become hazardous are: Orange (Unhealthy for sensitive groups) – With an air quality index between 101-150 Red (Unhealthy) – With an air quality index between 151-200 Please check PurpleAir.com and add our zip code “94303” as well as set the ‘conversion’ to “AQandU” to get a more current reading for our location. The AQandU conversion is the closest to what the EPA calculations.

Orange Protocol
It’s OK to be active outside, especially for SHORT ACTIVITIES such as recess and physical education.

For LONGER ACTIVITIES such as athletic practice, take more breaks and do less intense activities.

All long-duration, high-intensity activity groups, including Swim School will be cancelled when air quality reaches 130.

Red Protocol
The Rinconada Aquatic Facility will be CLOSED and all staff sent home when air quality reaches 150.

Open Swim and Lap Swimming will be the only programs operational between the air quality of130-150. *Current Covid-19 Standard Operating Procedures at Burgess Pool is available upon request as these protocols change to match the state and county guidelines in current time.

Page I-1.100
26 Summary
Each year an annual report is prepared, it demands an extreme team effort to collect, analyze and display data that we believe best and truly depicts our motives and intentions as a community pool operator.

Each year an annual report is prepared, it allows us to reflect on our daily responsibilities and listen to the collection of individuals and families that make up the Menlo Park Aquatic Community. We are able to learn more about their interactions and experiences as they engage in the aquatic programming. We learn how, why, and when the community engages with the facility. We are afforded the opportunity to read community members feelings and thoughts about a very important place that allows them to enter a liquid environment that calms and heals as well as invigorates and centers them.

Each year an annual report is prepared, we as operators revisit how vital and important the usage of this shared and somewhat scarce body of water is to thousands of individuals.

Information gathered reaffirms the importance of our role as stewards of the facility. A role we assume with great care and sensitivity. We rely heavily on our company core values to make objective and equitable decisions that benefit the most, while inhibiting the least.

Each year, the annual report allows us to set the course for the upcoming year. The five main objectives for the new year are:

1. Retain our current aquatics staff

2. Recruit new aquatic staff members and partners to assist in rebuilding our legacy programs.

3. Provide youth group swim lessons.

4. Provide an abundance of low cost open/family swim opportunities.

5. Provide a comprehensive water therapy program.

We are proud of the body of work that our community of swimmers in collaboration with our organization has been able to present to the Menlo Park, Parks and Recreation Commission.

Page I-1.101
27 Appendix A Facility Audit
Aquatic Observational, Facility and Skill Audit
Form
CLIENT FACILITY: Menlo Swim & Sport - Burgess Pool DATE: 01/15/2022 AUDITOR TIME: 8:38am JCW
Water Safety Staff and Operations
Evaluation Categories Comments NI, S, AA, O Video/Photo The number of lifeguards was
appropriate for the activities taking
place at the time of the audit
One lifeguard on duty for lap and swim team activities taking place during the observation is appropriate.

AA Video
Supervisor/Lifeguards were positioned
effectively for the number of guests
and the activity taking place.

The lifeguard was roaming between the two pools, which was good positioning. Lifeguard number two was positioned by the elevated chair between the pools with a view of both, which is also excellent. AA Video
Supervisors were proactively watching
the lifeguards perform their duties.

I observed the supervisor on deck during the surveillance portion of the audit. This is excellent. AA Video
Continuous surveillance of swimmers
was maintained. Lifeguard appeared
to be scanning their entire zone using
bottom up scanning when appropriate
The surveillance was good. Both of the lifeguards that I observed were watching the water. Make sure to look down from the edge and into the corners.

AA Video
All aquatic staff was easily identifiable
and their appearance was
professional.

The staff were wearing appropriate clothing for winter lifeguarding with parkas over sweats and swimwear in case they need to go into the pool. AA Video
Lifeguards performed no other
activities while “on duty”
While on deck, the lifeguards only job was to watch the pool. This is also excellent. O Video
Whistles or signal devices were readily
available for emergency use.

The lifeguards had whistles. The facility also uses radios to communicate. AA Video
Lifeguards Enforced rules and
communicated professionally with the
guests
I did not witness any rule enforcements, but did observe interactions with guests that were polite and helpful.

AA
On deck supervisors have had some
type of formal lifeguard management,
supervisor or other aquatic
management training
The supervisory staff should have certification and/or training beyond Basic Lifeguard Training. Lifeguard Management, TOTAL Guard course or aquatic schools or institutions.

S Video
Lifeguards were "rescue ready", straps
on and leaning in when at seated
stations or walking on deck.

Lifeguards were in standing/walking stations with the tube strap on and were very attentive and rescue ready.

AA Video
Lifeguards were wearing appropriate
face covering
The lifeguards were wearing masks.

AA Video
There was a monitor on deck
enforcing face coverings and social
distancing
The guests were on deck with masks and were monitored by the counter staff, Supervisor on Duty and Lifeguards.

AA Video
Zone coverage was maintained
through out the rotation of Lifeguards.

Rotating Lifeguards were watching the
pool.

The first rotation was OK, the guards during the second rotation spent some time talking but were still watching the pool.

AA Video
Section
Overall
Certifications for lifeguards are on file
at the facility.

Yes, certificates are on file.

AA
Page I-1.102
28 Additional Notes It was a good observation, especially on a cold winter day. The guards and supervisor understand principles of patron supervision and safety.

Customer Service
Evaluation Categories Comments NI, S, AA, O Photo #
Facility schedule and fees are posted, The pricing on the white board in the lobby. The schedule is on the front counter. O
Lobby and customer service counters
are clean.

The lobby looks great! It is neat, clean and inviting.

AA
Fee collection process and staff
services.

The front counter staff was welcoming and attentive.

AA
Changing area is clean and well
attended to.

The changing areas look neat and clean.

AA
Locker room electrical outlets are
GFIC and are functional
I checked the GI outlets. All were good but someone should check the outlet in the family changing room. AA
Restroom toilets and sinks are
functional and clean with towels, TP
and/or hand dryers
All of the toilets and sinks were functional. The towels were provided and stocked.

AA
Shower area is clean, showers are
functional and have soap dispensers,
ADA shower(s) is/are working
The showers were clean. Two showers in the men's room need handles affixed, staff were working on these. The ADA shower in the men's has no ADA shower head. This is very common as they get vandalized.

S P1, P2
Section
Overall
Floors and walkways are clean,
walking surfaces are appropriate.

All of the floors are clean and the surface is appropriate to reduce potential for slipping. AA
Equipment
Evaluation Categories Comments NI, S, AA, O Photo #
Lanes lines are in good condition,
stored properly with minimal cracked
or broken floats
All of the lane lines in the pools are in excellent condition.

O
Swimming gear is stored properly and
in good condition.

The swimming gear was very organized in the gear storage systems.

O
Rescue tubes are in good condition
and those not in use are stored well
The rescue tubes are in good condition and are stored well.

AA
Back board is on deck, stored
appropriately and has functional head
stabilizers and proper straps.

I inspected the backboard on deck. It is functional and in good condition.

AA
Crash bag or other portable medical kit
is located in a good location and has
equipment "bundled" in it.

The crash box is located in the center of the facility which is excellent. It is well stocked and ready to go. Make sure you have a BVM in or around the Crash Box
AA P3
Facility has a working AED per State
code
I inspected the AED and it is in working order with the proper pads.

AA
Correct number of reaching hooks are
available and ready for use.

The facility has two reaching hooks and meets code.

AA
Page I-1.103
29 Correct number of ring buoys are
available and ready for use.

The facility has three well placed ring buoys exceeding code.

AA
OSHA 10 person first aid kit The crash box on deck far exceeds the OSHA First Aid requirement. O P4
Water slides are in good condition,
registered with DOSH and maintained
and operated by properly trained staff.

NA

Play structures are in good condition,
with no sharp edges, protruding bots
and functional
I inspected the mushroom "waterfall". It is in good condition with no hazards under the waterline or on the touchable areas.

AA
Section
Overall
Diving boards are well maintained,
stands/bases, fulcrums, steps,
mounting bolts, hand rails and board
surface are in good condition
NA
AA
Additional Notes The indoor facilities and entry area are well kept and in good condition. The safety equipment is in in working order, readily available and in good working condition.

Pool Area
Evaluation Categories Comments NI, S, AA, O Photos #
General appearance of the pool area. The pool area looks clean and all is well organized. AA Large equipment is properly stored
away from the pool.

The pool cover reels, lane line reel and polo goals are well stocked. AA
Drinking Fountains are clean and
functional
The drinking fountain is clean and functional.

AA
Decks are clean and free of cracks,
chips and standing water.

The chemical pitting on many areas of the pool deck is close to being an area of concern. Some of the cracks and pitting are approaching hazard levels. S P5-P10
Deck expansion joints are well sealed
and impenetrable
Expansion joint sealant is still acceptable but will need resealing soon. The bad seals let water intrude and can undermine the structure integrity of the concrete slabs. AA P11, P12
Deck drains are in good condition and
functional.

The drains look good. One needs patching around the frame.

AA P13
Depth markers are of proper size are
posted on deck and pool walls, they
are not faded.

I inspected all on deck and vertical depth markers. All meet code and are in good condition.

AA
No diving is marked on the deck in
areas of less than 5 feet of water
depth.

No diving markers on deck are in place and meet code with international "no diving" symbol in place.

AA
Starting Blocks if in place are secure
and covered or signed "not for use"
The blocks are secure with cones in place so they do not get used without supervision O
Condition of pool coping stones, gutter
tiles, rim flow grates or skimmers.

The rim flow grates are in good condition. The gutter tile in the main pool is good. There are some small tiles that are missing around the instructional pool. This is a very standard issue with 1" tile perimeters.

AA P14 -P17
Built in stairs and their edges are in
good condition. Handrails are tight.

All of the built in stairs in the instructional and top pool are in good condition.

AA
Page I-1.104
30 Ladder handrails are tight, ladder
steps are in good condition
I checked all the handrails. They are in good condition. Some of the steps have brown staining from re-bar close to the plaster surface. This is standard issue and should be addressed next plaster job. AA P18-P19

Functional lifeguard stands, includes;
steps, rails, platforms, seat and no
potential "strap hooks"
I inspected all three lifeguard stands, steps, bolts, surfaces, seats and all are safe and in good working order.

AA
Pool cover and lane line reels,
handles, wheels, brakes, bearings.

I inspected all four pool cover reels and found them to be in good condition. AA
ADA Compliance for means of pool
entry, placement of pool lifts and
alternate means of entry ramps, stairs
ADA lifts are in place. They are to be accessible and working and in place whenever the pool is open. They should be able to be operated by the user without assistance. AA
Pool surface is uniform in color and
surface is acceptable, lane markings
are visible and in good condition.

The lane markings and hockey bottom are in good condition. There is rust staining on the bottom due to re-bar proximate to plaster surface "bleeding" through. This is a standard issue and should be addressed next plaster job. AA P20-P22
Pool drain covers are VGB Compliant,
Inlets and other covers are in good
condition.

The drains appear to be VGB compliant. They need inspection, replacement and certification every 5, 7 or 10 years depending on the type of drain.

AA
Pool signs meet code requirements,
including; Capacity, 911, RB/CPR,
Active Diarrhea, Pool Rules. No
Diving; No LG on Duty,
Fill in signs for all three pool areas. Need capacity, pool address and emergency hospital, urgent care or closest facility address and phone number. Pool capacity is determined by multiplying length times width of the pool and divide by 20.

AA P23
Additional signs depending on facility
amenities and type of use; No
Swimming After Dark, No Running,
Shower Before Entering, and others
Good extra signs are posted; shower, no diving, no breath holding, watch your children, non-swimmers wear a PFD.

O
Section
Overall
Water appearance is not turbid or
cloudy, looks clean and pool bottom is
clearly visible at main drain.

The water looks great.

AA AA
Facility fences and barriers meet State
code
I inspected the entire fence line and found no openings or gaps beyond code.

AA
Additional Notes The pool area looks clean and is well organized and maintained. There are some issues surrounding the pool deck surface, pool plaster and expansion joint sealant that will require significant repairs (capital level for deck and plaster) that will need to be planned to address in the future.

Mechanical Room
Evaluation Categories Comments NI, S, AA, O Photos #
Entrance to mechanical areas and
chemical storage areas are well
marked, hazardous material signs and
precautions are appropriate,
Need to put sign on the mechanical room door indicating it is a mechanical room. All the hazardous material storage area signs meet code!
AA
Mechanical and chemical storage
areas are easily accessible for staff
and not accessible to all others.

Yes, these areas are locked to the public.

AA
Page I-1.105
31 Safety Data Sheets are on file or in a
binder and readily available. A facility
map with an evacuation plan is posted
and visible.

SAS' are in a binder in the mechanical room.

O
Area is clean and not cluttered.

Working surfaces are well maintained
and ready for use.

The area is very clean and well maintained.

O
Chemicals and flammables are stored
properly. Incompatible materials are
not stored improperly.

All of the chemicals and flammables are stored safely.

O
There is at least three feet of
clearance in front of all electrical
panels.

Yes, there is no clutter in front of the panels.

O
Portable tools and equipment are
stored correctly. and other equipment
is stored correctly and in a proper
location.

Everything is put away neatly and well taken care of.

O
Extra pool mechanical equipment is
stored correctly and in a proper
location.

The pool vacuum's and other equipment is stored properly.

O
Pipe contents and flow direction are
well marked on the appropriate
plumbing.

Yes, it is well marked, easy to understand the flow and contents.

O
Pipe valves, pressure and flow
gauges, and water shut-off points are
well marked, visible and easily
accessible to ensure operational
readiness in the event of an
emergency
The room is very neat and all the gauges and valve handles, wheels, etc. are visible and accessible.

O
Daily pool log is kept and up to date,
test times, routine maintenance and
regular inspections, are noted.

I inspected all daily logs and maintenance logs. All of the logs are up to date. Excellent record keeping system.

O
Additional chemicals if added are
noted in pool log (anything not from
automated chemical controllers)
Yes, additional chemical additions are noted in the log.

O
Special projects and equipment
replacements are recorded and
tracked for long range maintenance
planning
Yes, this information is also documented.

O
Slides are in good condition and are
properly maintained.

NA

Water play features and other special
aquatic amusements are in good
condition and properly maintained
Yes, they are in good condition and properly maintained.

AA
Diving Boards are in good condition
and properly maintained.

NA

Section
Overall
Maintenance staff is properly trained
and/or certified and receives safety
and compliance training, and is well
supervised.

Yes, the maintenance staff is CPO certified
Page I-1.106
32 Additional Notes This is the cleanest and best maintained mechanical room I have inspected in a long time! The equipment is in good condition and record keeping is excellent. These "capital" assets are being well taken care of.

Lifeguard Practical Skills
Evaluation Categories Comments
Lifeguard # 1 Active Rescue Name: Cameron Merrells NI, S, AA, O Video/Photo Signals other guards and enters water
safely
Remember to hold the tube cord.

AA Video
Section
Overall
Effectively handles victim and brings
them to safety
Great rescue!
O Video AA/O
Lifeguard # 1 Submerged Rescue Name: Cameron Merrells NI, S, AA, O Video/Photo Spots victim, signals other Guards and
enters safely
Great signal and entry.

O Video
Performs effective surface dive and
retrieves victim off the bottom.

Great surface dive.

O Video
Section
Overall
Effectively places the victim on the
rescue tube and moves to the wall.

Great placement on the tube.

O Video O
Lifeguard # 2 Active Rescue Name: John Tupper NI, S, AA, O Video/Photo Signals other guards and enters water
safely
Great!
O Video
Section
Overall
Effectively handles victim and brings
them to safety
Great handling of the victim.

O Video O
Lifeguard # 2 Submerged Rescue Name: John Tupper NI, S, AA, O Video/Photo Spots victim, signals other Guards and
enters safely
Great entry.

O Video
Performs effective surface dive and
retrieves victim off the bottom.

Great victim retrieval.

O Video
Section
Overall
Effectively places the victim on the
rescue tube and moves to the wall.

Great rescue!
O Video O
Ratings Key: NI = Needs Improvement, S = Satisfactory, AA = Above Average, O = Outstanding Overall Audit Comments:

This was a good operational audit, the staff were supervising patrons and the facility in a very safe manner, all of the required and necessary equipment are on site and all staff carries state required certifications. The facility is showing some age in the form of very standard/common issues. The deck pitting and surface should be addressed in the future, at some point the health department may require this work. The pool plaster should be addressed when the surface cycles for replastering. The deck expansion joints should be resealed in the next year or two. The mechanical room and maintenance practices are excellent and the City's facility is being well taken care of by your leasee. Staff testing was a good indicator that staff possess a level of competence that comes through good supervision and training. Overall this was a very good and above average audit.

Audit
Overall
Page I-1.107
33 AA
Total Aquatic Management
2022
Menlo Swim and Sport – City of Menlo Park Burgess Pool - Site Visit Photos 1/15/2022 – Photos 1 & 2 Men’s Shower Rooms
Page I-1.108
34 Photo 3 & Photo 4 Combined – Crash Box with First Aid Supplies on Deck.

Photos 5 through 10 – Pool Deck Surfacing Condition
Page I-1.109
35 Page I-1.110
36 Photos 11 and 12 Expansion joint sealant
Page I-1.111
37 Page I-1.112
38 Photo 13 Deck Drain
Page I-1.113
39 Photos 14 through 17 Perimeter Tiles
Page I-1.114
40 Photos 18 and 19 Staining from rebar “seep” on two sets of built-in ladder stairs Page I-1.115
41 Photos 20 and 21
Page I-1.116
42 Page I-1.117
43 Pool Code Compliance Signs
Page I-1.118

CITY OF MENLO PARK

TIMELINE-RELATED BACKGROUND INFORMATION

AQUATICS OPERATOR AGREEMENT
On March 27, 20181, City Council authorized the city manager to execute a professional services agreement with Team Sheeper, Inc. (Provider) to provide aquatics programming at Burgess Pool and Belle Haven Pool.

On February 11, 20202
, City Council approved an agreement amendment with Provider to extend their operation of the Burgess pool through August 31, 2021 and to terminate services at Belle Haven Pool in preparation for construction of the Belle Haven Community Center and Library project (now known as the Menlo Park Community Campus or MPCC project)
On March 11, 20203
, City Council declared a local emergency closing all City facilities to the public, including Belle Haven pool and Burgess pool, to protect public health during the COVID-19 pandemic.

On June 9, 20204
, City Council approved an agreement amendment with Provider to update terms and conditions permitting operational modifications and health precautions at both pools to protect public health and comply with health orders made necessary by the COVID-19 pandemic.

On July 28, 20205
, City Council reviewed a revised timeline for the MPCC project in light of delays caused by the COVID-19 pandemic, which indicated that MPCC construction activity would commence in summer 2021 instead of October 2020 as previously planned.

On August 31, 2020, the agreement’s 12-month extension clause was allowed to take effect and the agreement end date was automatically extended through August 31, 2021.

On September 15, 20206
, City Council authorized the city manager to amend the agreement to extend Provider’s services at Belle Haven pool until the agreement expires August 31, 2021, or until MPCC construction commences, whichever occurs first, at which time Provider’s services at Belle Haven Pool would cease. The amendment had no effect on the Burgess Pool portion of the agreement.

On February 9, 20217, City Council approved an automatic extension to Provider’s professional services agreement to continue Provider’s services at Burgess Pool through August 31, 2022.

On May 30, 2021, Provider ceased operations at Belle Haven Pool and vacated the facility to allow for MPCC construction activities to commence.

On June 15, 2021, City relocated operations from Onetta Harris Community Center to interim service locations and vacated the former facilities to allow MPCC construction activities to commence.

On June 28, 20218, MPCC facility construction activities commenced with soft demolition and building abatement activities.
1 Hyperlink: menlopark.org/DocumentCenter/View/17063 2 Hyperlink: menlopark.org/DocumentCenter/View/24179/J1-20200211-CC-Team-Sheeper-Agreement-for-BelleHaven-Pool 3 Hyperlink: menlopark.org/AgendaCenter/ViewFile/Agenda/_03112020-3409 4 Hyperlink: menlopark.org/DocumentCenter/View/25287/H8-Amend-Team-Sheeper-agree-pool-reactivation 5 Hyperlink: menlopark.org/DocumentCenter/View/25806/G2-20200728-CC-Update-Belle-Haven-community-centerand-library-project 6 Hyperlink: menlopark.org/DocumentCenter/View/26122/D1-20200915-CC-BH-pool-sec-amend-Sheeper 7 Hyperlink: https://www.menlopark.org/DocumentCenter/View/27336/F5-20210209-CC-Burgess-pool-contractextension 8 Hyperlink: https://beta.menlopark.org/Government/Departments/Community-Development/Projects/Underconstruction/Menlo-Park-Community-Campus ATTACHMENT C Page I-1.119

AQUATICS SERVICE AGREEMENT
February 8, 2022
I1-PRESENTATION
 Authorize the city attorney and city manager to draft and execute an amendment to the professional services agreement with Team Sheeper, Inc. for continued operation of the Burgess Pool through August 31, 2023 or the opening of the Menlo Park Community Campus aquatics center, whichever comes first; and  Direct staff to prepare a Request for Proposals (RFP) for an aquatics operator at Burgess Pool and the future Menlo Park Community Campus aquatics center now under construction and anticipated to open in Summer 2023

RECOMMENDATION
2  Team Sheeper, Inc. is the current operator of Burgess Pool, and previously operated Belle Haven Pool until it closed for construction in 2021  Current agreement ends August 31, 2022; automatically extends for 12 additional months absent any action
 Either party may provide written notification at least 180 days in advance of intent to amend the terms of the agreement
 Staff recommends amending the agreement to establish express terms that the extended agreement would expire August 31, 2023, or when the MPCC aquatics center opens, whichever comes first. 3 BACKGROUND
 Required by Section 9 of the agreement by January 30 of each year  Prepared by Team Sheeper Inc.  Includes program statistics, resident and non-resident participation data, customer survey results, current and projected schedules, fees by program area, fee comparisons to other area aquatics centers, certifications, and other relevant data  Attachment B to the staff report Scheduled to be presented to the Parks and Recreation Commission at its February 23 regular meeting.
4 ANNUAL AQUATICS REPORT
 Staff recommends issuing a Request for Proposals (RFP) in Autumn 2022 for an aquatics operator at Burgess Pool and MPCC aquatics center  The start of the new agreement would be timed to coincide with the projected Summer 2023 opening of the MPCC aquatics center
 The current aquatics service provider, Team Sheeper, Inc. would be invited and encouraged to respond to the RFP
 Issuing the RFP in Autumn 2022 will provide the City sufficient time to select the operator, negotiate the agreement, and prepare for the start of operations at the new MPCC facility in Summer 2023. 5 MPCC AQUATICS OPERATOR
City staff recommends that the City Council:
 Authorize the city attorney and city manager to draft and execute an amendment to the professional services agreement with Team Sheeper, Inc. for continued operation of the Burgess Pool through August 31, 2023 or the opening of the Menlo Park Community Campus aquatics center, whichever comes first; and  Direct staff to prepare a Request for Proposals (RFP) for an aquatics operator at Burgess Pool and the future Menlo Park Community Campus aquatics center now under construction and anticipated to open in Summer 2023

RECOMMENDATION
6 Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 2/8/2022
Staff Report Number: 22-027-CC
Regular Business: Consider and adopt resolution approving the Water Supply Assessment for the Willow Village
mixed-use masterplan project
Recommendation
Staff recommends that the City Council adopt a resolution approving the water supply assessment (WSA) prepared for the Willow Village mixed-use masterplan project (Attachment A.) Policy Issues
In determining whether to approve the WSA, the City Council is acting as the governing body for Menlo Park Municipal Water (MPMW) and shall consider if sufficient water supply is available during normal, single dry, and multiple dry years within a 20-year projection to meet the projected demand associated with the proposed project. In considering water supply availability, MPMW is charged with determining if the City’s water supplies are sufficient to serve the proposed project, taking into consideration planned growth within MPMW’s service area. In considering the water availability, MPMW is not considering the merits of the proposed project and approving the WSA is not equivalent to a commitment to serve the proposed project. Further, this action does not obligate the City Council to approve the proposed project.

The State Water Code requires that the governing body of the water provider approve the WSA. These requirements were subsequently added to Section 15155(b) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA.) The proposed project requires an environmental impact report (EIR) pursuant to CEQA. Approving the WSA allows the City to incorporate the WSA into the EIR for the proposed project.

The Planning Commission and the City Council will ultimately be required to consider the merits of the proposed project, including its consistency with the city’s general plan and zoning ordinance, along with the municipal code, and other adopted policies and programs of the city such as the below market rate housing program and the provision of community amenities in exchange for bonus level development. The proposed project would require a general plan circulation element amendment to modify the on-site circulation network. The City Council will be the final decision-making body on the certification of the EIR, general plan amendment, rezoning, conditional development permit (CDP), major subdivision, circulation changes and development agreement (DA.) The Planning Commission will be the final decision making body on the architectural control permits for each building/site plans.

Background
Beginning January 1, 2002, Senate Bill 610 added Section 10910 to the California State Water Code AGENDA ITEM I-2 Page I-2.1
Staff Report #: 22-027-CC