WHEREAS, pursuant to Water Code section 356, adopted regulations and restrictions may include the right to deny applications for new or additional service connections, and may also include provision for their enforcement by discontinuing service to consumers willfully violating the regulations and restrictions; and
WHEREAS, on April 21, May 10, and July 8, 2021, Governor Newson issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and WHEREAS, on October 19, 2021, Governor Newsom’s emergency drought proclamation expanded the drought emergency statewide and encouraged the State Water Board to supplement voluntary conservation measures by prohibiting certain wasteful water uses; and WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission (“SFPUC”) declared a water shortage emergency and adopted a voluntary system-wide water use reduction of 10 percent from fiscal year 2019-20 use; and WHEREAS, in response to the declared drought emergency, the State Water Board adopted emergency regulations, set forth in 23 California Code of Regulations section 995, effective January 18, 2022 for a one-year period, that prohibits wasteful water use practices statewide and enables any agency that has authority to enforce infractions to enforce these prohibitions at their discretion; and
WHEREAS, the State Water Board’s regulations prohibit among other things the following, except to the extent use is necessary to address an immediate health and safety need:
A. The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; B. The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
C. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
D. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
E. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; F. The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
G. The use of potable water for irrigation of ornamental turf on public street medians.
WHEREAS, Menlo Park Municipal Code section 7.35.020 provides that upon adoption of emergency regulations by the State Water Board, the City shall adopt a water conservation plan to implement those water conservation measures; and
Page G-1.7
Resolution No. XXXX
WHEREAS, to comply with Water code section 365 through 367, drought stage 1 of the 2020 Water Shortage Contingency Plan must be implemented, including the related state 1 drought surcharge; and
WHEREAS, the MPMW’s 2020 Water Shortage Contingency Plan allows other measures to be approved by Resolution of the City Council for drought stage 1 in order to achieve up to 10 percent overall water use reduction.
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Pursuant to Water Code section 350, and for the reasons set forth in this recital, the staff report, and the testimony of staff, the City Council declares that a water shortage emergency now exists throughout the area served by Menlo Park Municipal Water.
3. Pursuant to Water Code section 353, the City Council determines that it is necessary to declare drought stage 1 of the 2020 WSCP and to implement the following drought surcharges, effective for water bills issued in July 2022:
Fiscal year 2022-23 $0.63 per CCF
4. Pursuant to Water Code section 353, the following additional measures are hereby approved and required of all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
b. Restaurants and other food service operations shall serve water to customers only upon request.
c. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
d. Recreational water features shall be covered when not in use. e. Newly constructed homes and buildings must irrigate with drip or microspray only.
5. Pursuant to Menlo Park Municipal Code chapter 7.35, the City Council hereby adopts this resolution as its water conservation plan the State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, section 995, incorporated herein by reference.
6. Violations of the regulations set forth or otherwise adopted in this resolution shall be subject to the following penalties:
Violation Enforcement Action
1st Warning and education
2nd $50 fine
3rd $200 fine, and review by the Public Works Director (or his or her designee) to determine if a flow restricting device should be installed, in the Director’s discretion as may be necessary to deter water waste.
4th and subsequent $500 fine, and review by the Public Works Director (or his or her designee) to determine if water service should be discontinued, in the Director’s discretion as may be necessary to deter water waste.
Page G-1.8
Resolution No. XXXX
Violators shall also be subject to the following charges for installation or removal of flow restricting devices and disconnection or reconnection of service.
Meter Size Charges
5/8” to 2” $155.00 Installation of flow restricting device $155.00 Removal of flow restricting device
3” or larger Actual cost Installation of flow restricting device Actual cost Removal of flow restricting device
All sizes $108.00 Disconnecting water service
$108.00 Reconnecting water service
7. Resolution No. 6383 is hereby rescinded.
8. This resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.
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 first day of March, 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 March, 2022.
Judi A. Herren, City Clerk
Page G-1.9
RESOLUTION NO. 6383
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO
PARK ADOPTING A WATER CONSERVATION PLAN
WHEREAS, on May 18, 2016, based on Governor Brown's May 9, 2016 Executive Order B-37- 16, the State Water Board approved replacing the state-developed standards with locallydeveloped conservation standards based upon each agency's specific circumstances and extending the emergency regulations for urban water conservation through the end of January 2017, and requiring urban water suppliers to continue reporting monthly water use production information to the SWRCB on a permanent basis; and
WHEREAS, on May 24, 2016, the City Council adopted the 2015 Urban Water Management Plan, which included the Water Shortage Contingency Plan (WSCP) stages and actions; and WHEREAS, on June 9, 2016, the San Francisco Public Utilities Commission ("SFPUC") requested that its wholesale customers maintain a 10% voluntary reduction from 2013 use, including Menlo Park Municipal Water ("MPMW"); and
WHEREAS, on June 21, 2016, the City Council adopted Resolution No. 6328 to implement Stage 2 of the 2015 WSCP (the "up to 10%" conservation goal); and WHEREAS, on February 8, 2017, the State Water Resources Control Board ("State Water Board") adopted a resolution which "directs the State Water Board's Executive Director to consider promptly modifying or repealing the regulation consistent with Water Code section 1058.5 and State Water Board Resolution No. 2012-0061, if the Governor lifts the declaration of a drought state of emergency ... "; and
WHEREAS, on April 7, 2017, Governor Brown's Executive Order B-40-17 lifts the drought for most of the state and directs the State Water Board to rescind the requirements for mandatory conservation standards and associated stress tests, while maintaining other provisions; and WHEREAS, on April 26, 2017, the State Water Board rescinds mandatory conservation standards while keeping in place the water use reporting requirements and prohibitions against wasteful practices, which is awaiting adoption by the Office of Administrative Law. If adopted, the following water conservation measures shall be in effect:
1. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
2. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.
3. The application of potable water to driveways and sidewalks.
4. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
5. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
f
ATTACHMENT B Page G-1.10
6. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.
7. The irrigation with potable water of ornamental turf on public street medians.
8. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.
9. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
10. Water agencies shall have infractions punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
WHEREAS, Stage 1 of the 2015 WSCP provides that when MPMW is no longer in a drought emergency, all MPMW users are required to implement the following water conservation measures:
1. Hoses must be equipped with a shut-off valve for washing vehicles, sidewalks, walkways, or buildings.
2. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period.
3. Recreational water features shall be covered when not in use.
4. Ornamental fountains shall use only re-circulated or recycled water.
5. Single-pass cooling systems on new construction shall not be allowed.
6. Potable water shall not be applied in any manner to any driveway, sidewalk, or other hard surface except when necessary to address immediate health or safety concerns.
7. Potable water shall not be used to water outdoor landscapes in a manner that causes runoff onto non- irrigated areas, walkways, roadways, parking lots, or other hard surfaces.
8. Potable water cannot be applied to outdoor landscapes during and up to 48 hours after measurable rainfall.
9. Potable water shall not be used to irrigate ornamental turf on public street medians.
10. Other measures as may be approved by Resolution of the City Council.
WHEREAS, the City Council of the City of Menlo Park wishes to rescind Resolution No. 6241, Resolution No. 6261, and Resolution No. 6328; and
NOW, THEREFORE, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore, BE IT HEREBY RESOLVED by the City Council of the City of Menlo Park that:
1. The above recitals are true and accurate.
2. Resolution No. 6241, Resolution No. 6261, and Resolution No. 6328 are hereby rescinded.
3. Stage 1 of the 2015 WSCP shall be in effect.
Page G-1.11
4. Per the option for other measures to be approved by the City Council, the following measures, in addition to those already included in Stage 1 of the 2015 WSCP, are hereby approved and required by all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily. Hotels and motels shall prominently display notice of this option in each bathroom using clear and easily understood language. b. Restaurants and other food service operations shall serve water to customers only upon request
5. Penalties. Except for egregious violations of the water conservation measures listed above, violations are punishable by fines as described below. Fines must be paid within thirty (30) days. If fines are not paid when due, Customer's water service may be discontinued.
Violation Enforcement
1 SI Warning only. Educate customer on proper water conservation practices.
2na $50 fine
3ra $100 fine
4tn $200 fine, and review by the Public Works Director (or his/her designee) to determine if a flow restricting device should be installed
5tn $500 fine, and review by the Public Works Director (or his/her designee) to determine if water service should be discontinued 5tn $500 fine, water service shall be discontinued
Notwithstanding the above, if the Director of Public Works determines that a violation is egregious, in his/her reasonable determination based on the severity of the violation, a fine may be levied in an amount equal to the greater of $500.00 or triple the normal rate for the amount of water wasted.
- Meter Size
5/8" to 2"
3" or larger
Charges for Installation or
Removal of Flow Restricting Devices
Installation Cost
$ 155.00
Actual Cost
Removal Cost
$ 155.00
Actual Cost
Charges for Disconnecting and Reconnecting Service
Meter Size Cost to Disconnect Cost to Reconnect
Service Service
All sizes $ 155.00 $ 155.00
6. Appeal Process. Customer may contest a fine by submitting a written appeal to the Public Works Director within thirty (30) days of the date of the fine. Customer may request a meeting with the Public Works Director to present evidence that a violation does not exist. If a meeting is requested, the Public Works Director shall meet with the Customer within fifteen (15) days of the appeal date. The Public Works Director Page G-1.12
shall make a final, non-appealable decision in writing within fifteen (15) days of the appeal date if no meeting requested or within fifteen (15) days of the meeting date. If the fine is upheld, the Customer shall have ten (10) days from the date of the Public Works Director's decision to pay the fine. If the fine is not paid when due, Customer's water service may be discontinued.
BE IT AND IT IS HEREBY FURTHER RESOLVED by the City Council of the City of Menlo Park that this Water Conservation Plan shall remain in effect until the City Council adopts a revised Water Conservation Plan.
I, Pamela Aguilar, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the second day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton, Cline, Mueller, Ohtaki
None
Keith
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City Council on this second day of May, 2017.
City Clerk
Page G-1.13
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
NoDrought N/A
Includes water waste prohibitions
effective at all times.
1. Hoses must be equipped with a shut-off
valve for washing vehicles, sidewalks,
walkways, or buildings.
2. Ornamental fountains shall use only recirculated or recycled water.
3. Potable water shall not be applied in any
manner to any driveway, sidewalk, or
other hard surface except when
necessary to address immediate health or
safety concerns.
4. Potable water shall not be used to water
outdoor landscapes in a manner that
causes more than incidental runoff onto
non-irrigated areas, walkways, roadways,
parking lots, or other hard surfaces.
5. Potable water cannot be applied to
outdoor landscapes during and up to 48
hours after measurable rainfall.
6. Potable water shall not be used to irrigate
ornamental turf on public street medians.
7. Hotels and motels shall provide guests an
option whether to launder towels and
linens daily. Hotels and motels shall
prominently display notice of this option
in each bathroom using clear and easily
understood language.
8. Restaurants and other food service
operations shall serve water to customers
only upon request during a period for
which the Governor has issued a
proclamation of a state of emergency.
9. Broken or defective plumbing and
irrigation systems must be repaired or
replaced within a reasonable period.
10. Recreational water features shall be
None
ATTACHMENT C Page G-1.14
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
covered when not in use.
11. Single-pass cooling systems on new
construction shall not be allowed.
12. Other measures as may be approved by
the State Water Resources Control Board
or City Council Resolution.
1 Up to
10%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use of up to
10% due to water supply
shortages or an emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with “no drought” restrictions
and prohibitions except where
superseded by more stringent
requirements.
2. Newly constructed homes and buildings
must irrigate with drip or microspray
only.
3. Other measures as may be approved by
City Council Resolution.
1. Initiate public outreach to inform
customers that there is a water shortage
emergency.
2. Implement Stage 1 drought surcharge.
2 Up to
20%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 10%
to 20% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 1 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than two (2) days per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
1. Continue with actions and measures from
Stage 1.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information regarding fines or
penalties for non-compliance.
3. Coordinate with BAWSCA, SFPUC, and
other Menlo Park water agencies
(California Water Service, O’Connor
Cooperative Water Tract, East Palo Alto,
Palo Alto Park Mutual Water Company).
4. Evaluate if participation in BAWSCA’s
subscription water conservation
programs can be increased.
5. Train City staff and billing contractor
customer service representatives how to
Page G-1.15
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
use.
3. Hand watering must be with a
continuously monitored hose fitted with
an automatic shut-off nozzle or device
attached to it that causes it to cease
dispensing water immediately when not
in use or monitored.
4. Other measures as may be approved by
City Council Resolution.
respond to customer calls, reports and
complaints.
6. Evaluate options to capture water during
routine flushing of water mains.
7. Implement Stage 2 drought surcharge.
3 Up to
30%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 20%
to 30% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 2 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Permits for construction of new pools
shall include a requirement that MPMW
water shall not be used to fill new pools.
3. Vehicles may only be washed at vehicle
washing facilities using recycled or
recirculating water.
4. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 2.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information how to report water
waste to the City.
3. Increase public outreach to the top 10%
water users in each customer category.
4. Coordinate with Police code enforcement
to investigate water waste reports.
5. Request cooperation from Menlo Park
Fire District to reduce fire training water
use.
6. Implement Stage 3 drought surcharge.
4 Up to
40%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 30%
to 40% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
1. Continue with Stage 3 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than one (1) day per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
1. Continue with actions and measures from
Stage 3.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 20%
water users in each customer category.
4. Evaluate staff resources. May include
hiring temporary staff or training
additional City staff to assist with
customer service and enforcement.
Page G-1.16
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
as agency actions (see WSCP Table
6-2).
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
use.
3. Potable water shall not be used for
construction or dust control.
4. Potable water shall not be used for
commercial vehicles that provide street
washing, sweeping, or cleaning.
5. Other measures as may be approved by
City Council Resolution.
5. Reevaluate routine flushing of water
mains except when necessary to address
immediate health or safety concerns.
6. Consider increasing fines for multiple
violations.
7. Implement Stage 4 drought surcharge.
5 Up to
50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 40%
to 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 4 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Water use shall not exceed water budgets
established for each customer.
3. Hand watering outdoor ornamental
landscapes is only allowed between
designated hours, as determined by the
Public Works Director.
4. Turf irrigation is prohibited at all times,
including artificial turf.
5. Existing irrigation systems shall not be
expanded.
6. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 4.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 30%
water users in each customer category.
4. Implement water waste patrols and
increase enforcement.
5. Halt installations of new potable water
meters (temporary or permanent) or
meter upgrades except if a valid,
unexpired building permit has been
issued for the project; or the project is
necessary to protect the public’s health,
safety, and welfare.
6. Halt issuing statements of immediate
ability to serve or provide potable water
service.
7. Consider increasing fines for multiple
violations.
8. Develop water budgets for all accounts.
9. Use emergency groundwater well(s).
10. Implement Stage 5 drought surcharge.
Page G-1.17
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
6 >50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use greater
than 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 5 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Hand watering outdoor ornamental
landscapes is prohibited at all times.
3. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 5.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 40%
water users in each customer category.
4. Halt installations of new potable water
meters (temporary or permanent) even if
a valid, unexpired building permit has
been issued for the project.
5. Consider increasing fines for multiple
violations.
6. Increase water budget reduction
requirements.
7. Implement other short-term emergency
actions from the Emergency Response
Plan.
8. Implement Stage 6 drought surcharge.
Page G-1.18
Comparison of Drought Actions
2020 Water Shortage Contingency Plan versus State Water Board Drought Regulations Drought
Stage
2020 Water Shortage Contingency Plan (WSCP)
Demand Reduction Actions
State Water Board Drought Regulations
Prohibited Actions
No-drought 1. Hoses must be equipped with a shut-off valve for washing vehicles, sidewalks, walkways, or
buildings.
Washing vehicles without an automatic
shutoff nozzle.
2. Ornamental fountains shall use only re-circulated
or recycled water.
Using/filling/topping off decorative fountains,
lakes, or ponds unless pumps recirculate
water.
3. Potable water shall not be applied in any manner
to any driveway, sidewalk, or other hard surface
except when necessary to address immediate
health or safety concerns.
Washing impervious areas unless it
addresses an immediate health and safety
need.
4. Potable water shall not be used to water outdoor
landscapes in a manner that causes more than
incidental runoff onto non-irrigated areas,
walkways, roadways, parking lots, or other hard
surfaces.
Applying water to outdoor landscapes that
cause more than incidental runoff (e.g.,
excessive application, negligence,
intentional overflow).
5. Potable water cannot be applied to outdoor
landscapes during and up to 48 hours after
measurable rainfall.
Irrigating turf and ornamental landscapes
within 48 hours of measurable rainfall (1/4”
of rainfall) - does not apply to trees.
6. Potable water shall not be used to irrigate
ornamental turf on public street medians.
Irrigating turf on public medians - does not
apply to trees.
7. Hotels and motels shall provide guests an option
whether to launder towels and linens daily.
Hotels and motels shall prominently display
notice of this option in each bathroom using clear
and easily understood language.
8. Restaurants and other food service operations
shall serve water to customers only upon request
during a period for which the Governor has
issued a proclamation of a state of emergency.
9. Broken or defective plumbing and irrigation
systems must be repaired or replaced within a
reasonable period.
10. Recreational water features shall be covered
when not in use.
11. Single-pass cooling systems on new construction
shall not be allowed.1
12. Other measures as may be approved by the
State Water Resources Control Board or City
Council Resolution.
Using potable water for street cleaning or
construction site preparation purposes
unless no other method is available (e.g.,
dust control, mixing concrete) or as needed
to protect the health and safety of the public
Stage 1 (up
to 10
percent
reduction)
1. Continue with “no drought” restrictions and
prohibitions except where superseded by more
stringent requirements.
2. Newly constructed homes and buildings must
irrigate with drip or microspray only.
3. Other measures as may be approved by City
Council Resolution.
1 Single-pass cooling systems became a permanent restriction in 2019 in the California Plumbing Code, as Section 12.14.010.
ATTACHMENT D Page G-1.19
PUBLIC HEARING
WATER SHORTAGE EMERGENCYMarch 1, 2022 – Pam Lowe
G1-PRESENTATION
RECOMMENDATION
2 1. Declare a water shortage emergency2. Implement drought stage 1 measures per the adopted 2020 Water Shortage Contingency Plan
3. Adopt a Water Conservation Plan
MENLO PARK MUNICIPAL WATER
100% supply purchased from
San Francisco Public UtilitiesCommission (SFPUC)
Approx. 4,300 service
connections
Water service for half of the
City
Bay Area Water Supply and
Conservation Agency (BAWSCA), represents 26 water entities, that purchase wholesale water from SFPUC 3 SFPUC
DROUGHT ACTIVITIES
4 Based on SFPUC’s Water Supply Agreement, Water Shortage Allocation Plan– Tier 1 Plan allocates available supplies between SF Retail / Wholesale Customers– Tier 2 Plan allocates water among the Wholesale Customers SFPUC will compare wholesale purchases to water budgets for 12 months For now, no excess use charges for voluntary reductions, however, that will change if there are mandatory reductions in the future
Nov 23, 2021 SFPUC declares a water shortage emergency and adopts a voluntary 10% reduction system-wide (14% for Wholesale Customers) Jan 13, 2022 SFPUC finalizes monthly water budgets for Wholesale Customers
SFPUC MONTHLY WATER
BUDGETS FOR MPMW
5 -
20,000 40,000 60,000 80,000
100,000 120,000 140,000 160,000 180,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
CCF
Actual Water Purchases vs. SFPUC Monthly Budgets
SFPUC Monthly Budget 2022 SFPUC Purchases
- 4% for January
WATER SHORTAGE
CONTINGENCY PLAN (WSCP)
6 Adopted in May 2021 A plan to reduce demand and augment available supply for single and multiple dry years
Outlines proposed actions for six drought stages ranging from “up to 10%” to “greater than 50%” water use reductions
Considers water regulations adopted by the State Water Board or SFPUC, our water wholesaler
Allows flexibility for the City Council to incorporate additional conservation measures
Follow Water Code section 350 to declare a water emergency (hold a public hearing and provide appropriate notice of the meeting to the public)
STATE WATER BOARD
DROUGHT ACTIVITIES
7 July 8, 2021 Governor Newson expands drought emergency to San Mateo County and requests all users voluntarily reduce water use by 15% Oct 19, 2021 Drought emergency expanded statewide, and Governor Newson encourages the State Water Board to prohibit wasteful water uses Jan 18, 2022 State Water Board’s emergency regulations become law
STATE WATER BOARD
EMERGENCY REGULATIONS
8 Seven (7) prohibited actions became law on January 18: Applying water to outdoor landscapes that cause more than incidental runoff. Washing vehicles without an automatic shutoff nozzle. Washing impervious areas unless it addresses an immediate health and safety need. Irrigating turf and ornamental landscapes within 48 hours of measurable rainfall (1/4” of rainfall) - does not apply to trees.
Using/filling/topping off decorative fountains, lakes, or ponds with potable water unless pumps recirculate water.
Irrigating turf on public medians. Using potable water for street cleaning or construction site preparation purposes unless no other method is available (e.g., mixing concrete) or as needed to protect thehealth and safety of the public.
STATE WATER BOARD
EMERGENCY REGULATIONS
9 Remain in place for 1 year unless they are ended, modified, or readopted Water agencies may enforce them through infractions of up to $500 per event Exceptions allowed for water use for health and safety needs To meet state law, must either:
– Implement drought surcharges – Enforce an ordinance with fines up to $500 for water used above a permitted amount (water budgets for individual customers)
Per Menlo Park Municipal Code, Chapter 7.35 (Water Conservation), the City must adopt a Water Conservation Plan in order to implement regulations imposed by the State and/or SFPUC.
WATER SHORTAGE CONTINGENCY PLAN
DROUGHT STAGES
10 Drought
Stage Shortage Level
Drought
SurchargeFY2022-23
Shortage Response Actions
No Drought N/A N/A Water waste prohibitions effective at all times 1 Up to 10% $0.63 per CCF City Council declares the drought stage
1. Emergency conservation
regulations adopted by the State Water Board
2. Other drought regulations that may
be imposed by SFPUC, the water wholesaler
3. Other drought measures adopted by
the City Council
2 Up to 20% $1.40 per CCF3 Up to 30% $2.39 per CCF4 Up to 40% $3.67 per CCF5 Up to 50% $5.43 per CCF6 Greater than 50% (shown for 60%)
$7.98 per CCF
WATER SHORTAGE CONTINGENCY PLAN
DROUGHT STAGES
11 Drought
Stage Shortage Level
Drought
SurchargeFY2022-23
Shortage Response Actions
No Drought N/A N/A Water waste prohibitions effective at all times 1 Up to 10% $0.63 per CCF City Council declares the drought stage
1. Emergency conservation
regulations adopted by the State Water Board
2. Other drought regulations that may
be imposed by SFPUC, the water wholesaler
3. Other drought measures adopted by
the City Council
2 Up to 20% $1.40 per CCF3 Up to 30% $2.39 per CCF4 Up to 40% $3.67 per CCF5 Up to 50% $5.43 per CCF6 Greater than 50% (shown for 60%)
$7.98 per CCF
ADDITIONAL DROUGHT
MEASURES
12 Additional drought measures (included in the WSCP stages 1 and 2) Hotels and motels shall provide guests an option whether to launder towels and linens daily.
Restaurants and other food service operations shall serve water to customers only upon request.
Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
Recreational water features shall be covered when not in use. Newly constructed homes and buildings must irrigate with drip or microspray only.
DROUGHT STAGE ADOPTED BY
OTHER AGENCIES
13 Staff surveyed other BAWSCA agencies nearby
– California Water Service, Bear Gulch District Stage 1– City of Brisbane Stage 1– City of Mountain View Stage 1– City of Palo Alto Stage 1 (3/8 Council meeting)– City of Redwood City Stage 2– City of Sunnyvale Stage 2 With voluntary reductions, SFPUC will begin 5% drought surcharges for their SF retail customers starting April 1st, and the City of Brisbane’s has implemented a drought surcharge since February 2018.
RECOMMENDATION
14 1. Declare a water shortage emergency2. Implement drought stage 1 measures per the adopted 2020 Water Shortage Contingency Plan
3. Adopt a Water Conservation Plan
– State Water Board regulations– Additional conservation measures– Education and enforcement– Drought surcharge for stage 1 – start July 1 on water bills
THANK YOU
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 3/1/2022
Staff Report Number: 22-033-CC
Public Hearing: Introduce an ordinance to amend Municipal Code Chapter 7.35 on Water Conservation which provides
for enforcement of conservation measures in the
Water Shortage Contingency Plan
Recommendation
Staff recommends that the City Council introduce and waive the first reading of the ordinance (Attachment A), by title only, to amend Municipal Code Chapter 7.35 on Water Conservation which provides for enforcement of conservation measures in the Water Shortage Contingency Plan.
Policy Issues
At this same meeting, the City Council is considering adopting a declaration of a water shortage emergency pursuant to Water Code section 350, and implementing stage 1 of the City’s 2020 Water Shortage Conservation Plan. Staff recommends adopting this ordinance to amend Chapter 7.35 to provide for clearer enforcement mechanisms under the Menlo Park City Code for enforcement of mandatory conservation requirements in the City’s adopted 2020 Water Shortage Contingency Plan for Menlo Park Municipal Water (MPMW.)
Background
State law mandates that every urban water supplier adopt an Urban Water Management Plan to support long-term resource planning in order to maintain adequate water supplies. One of the mandatory components of this strategic planning document is a Water Shortage Contingency Plan (WSCP), which helps the supplier facilitate preparedness for water supply shortage conditions. The WSCP must list anticipated response measures to reduce demand and augment available supply in the event of a shortage.
State law requires that the WSCP be based on a water supply reliability analysis, and include locally appropriate “shortage response actions” for six standard water shortage levels, varying from an up to 10 percent shortage condition to a greater than 50 percent shortage condition, and state the enforcement measures that would be available to the supplier to enforce any conservation measures as might be necessary to achieve conservation to reduce gaps between demand and available supply.
Analysis
The City adopted its 2020 WSCP in May 2021, setting forth expected voluntary or mandatory conservation measures to be adopted during various stages of water shortage conditions, ranging from an up to 10 percent shortage to a greater than 50 percent shortage. The City has the ability to adopt emergency regulations for the operation of MPMW pursuant to the authority set forth in Water Code section 350 et seq.
However, the adoption of such regulations requires a public hearing, after appropriate notice is published in a newspaper enabling the public the opportunity to protest. Staff recommends that the City adopt provisions AGENDA ITEM G-2 Page G-2.1
Staff Report #: 22-033-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org related to the enforcement of the mandatory conservation measures of the water shortage conservation plan into its City Code, as the City has the discretion to adopt various enforcement mechanisms under its general police power to achieve water conservation during a drought and prevent water waste, ranging from education, civil penalties and criminal enforcement, which are likely to be stronger than its authority to adopt emergency regulations under Water Code section 350.
Additionally, the existing City municipal code requires that the City adopt a “water conservation plan” by resolution to implement any emergency regulations or requirements that are promulgated by the State Water Resources Control Board (State Water Board) or MPMW’s sole wholesaler, the San Francisco Public Utilities Commission (SFPUC.) New State Water Board regulations often create new state law with its own enforcement mechanisms, such that the regulations are already punishable as violations of state law without the need for any local adoption. Therefore, staff recommends modifying the existing code to allow, but not require, the City to act to expressly adopt such regulations.
Adopting an ordinance is a two-step process that occurs over two City Council meeting dates: introduction of the ordinance and adoption of the ordinance. Staff plans to return March 22 to adopt the proposed ordinance, and the ordinance would become effective thirty (30) days after adoption.
Impact on City Resources
Amending the ordinance text for Chapter 7.35 (Water Conservation) will make it optional, and not a requirement, to adopt a resolution implementing any emergency regulations or requirements promulgated by the State Water Board or SFPUC.
Environmental Review
City Council’s adoption of the proposed ordinance is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), in that the ordinance is intended to provide additional enforcement mechanisms for the conservation of water resources in the event of a drought or water shortage emergency.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. A public hearing notice was published in the Examiner, at least 10 days prior to the meeting.
Attachments
A. Proposed ordinance to amend Chapter 7.35 (Water Conservation) B. Menlo Park Municipal Code, Chapter 7.35 (Water Conservation) Report prepared by:
Sergio Rudin, Assistant City Attorney
Pam Lowe, Senior Civil Engineer
Reviewed by:
Karen E. Pachmayer, Interim Assistant Public Works Director Page G-2.2
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CHAPTER 7.35 (WATER CONSERVATION) TO PROVIDE FOR ENFORCEMENT OF
CONSERVATION MEASURES IN WATER SHORTAGE CONTINGENCY PLAN The City Council of the City of Menlo Park does hereby ordain as follows:
SECTION 1. FINDINGS AND DETERMINATIONS.
A. State law, as set forth in Water Code sections 10610 through 10657, requires every urban water retailer to adopt, every five years, an Urban Water Management Plan to support longer-term resource planning to ensure that adequate water supplies are available to meet existing and future water needs.
B. State law mandates that every urban water supplier, as part of the Urban Water Management Plan, also adopt a Water Shortage Contingency Plan to facilitate preparedness for water supply shortage conditions, including providing anticipated response measures to reduce demand and augment available supply. State law requires that the Water Shortage Contingency Plan be based on a water supply reliability analysis, and includes locally appropriate “shortage response actions” for six standard water shortage levels, varying from an up to 10 percent shortage condition to a greater than 50 percent shortage condition, and state the enforcement measures that would be available to the supplier to enforce any conservation measures as might be necessary to achieve conservation to reduce gaps between demand and available supply.
C. Article XI, section 7 of the California Constitution provides the City with general police powers to enact laws for the protection, public health, and safety of its citizens, and the City has the power to enact regulations to mandate conservation in the event of a drought or water shortage for the preservation of public health.
D. Chapter 7.35 of the Menlo Park Municipal Code currently provides the City with the ability to respond to a drought emergency, by requiring enforcement of any emergency regulations adopted by the State Water Board, or drought-related actions imposed by the San Francisco Public Utilities Commission. The City Council desires to amend such chapter to provide for clear enforcement mechanisms of mandatory conservation measures that may be adopted by the City under its Water Shortage Contingency Plan for operation of Menlo Park Municipal Water and other conservation measures as may be needed to ensure sufficient water is available for sanitation, human consumption, and fire protection.
SECTION 2. AMENDMENT OF CODE.
Chapter 7.35 [Water Conservation] of Title 7 [Health and Sanitation] is hereby repealed and replaced to read in its entirety as follows:
Chapter 7.35
WATER CONSERVATION
7.35.010 Purpose.
7.35.020 Water conservation.
7.35.030 Penalties and enforcement.
ATTACHMENT A Page G-2.3
7.35.010 Purpose.
The purpose of this chapter is to promote water conservation and provide the City with the flexibility to respond to any drought emergency or reductions in available water supply, by providing for enforcement of mandatory conservation measures in its Water Shortage Contingency Plan, emergency conservation regulations adopted by the State Water Board, or other drought requirements as may be imposed by the San Francisco Public Utilities Commission or the City of Menlo Park.
Water uses regulated or prohibited under the City’s Water Shortage Contingency Plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water and a public nuisance and shall subject the offender to penalties as prescribed by this chapter.
7.35.020 Water conservation.
Upon the declaration by the City Council of the existence of a condition of water shortage or drought emergency, or upon the adoption of any emergency regulations by the State Water Board related to water use or conservation, or upon the adoption of drought-related conservation measures or reduction in supply by the San Francisco Public Utilities Commission, the City Council of the City of Menlo Park may, by resolution, adopt a water conservation plan imposing mandatory conservation and water use reduction requirements on all persons in Menlo Park, including such measures as may be set forth in the City’s Water Shortage Contingency Plan and such additional measures as may be determined necessary to address the water shortage or emergency water supply condition.
The City Council shall set forth by resolution the conservation and water reduction requirements subject to enforcement, which shall remain in effect until the termination of such resolution by the City Council.
7.35.030 Penalties and enforcement.
Penalty amounts for violations of mandatory measures adopted under Section 7.35.020 may be prescribed by resolution of the City Council. Any violations of the water conservation plan adopted by resolution shall be subject to penalty as set forth as set forth in Chapter 1.12, or enforceable by civil penalty, if so prescribed in the terms of the resolution adopted by the City Council. Penalties shall be in addition to any other remedy available to the City under any other law or provision of this code.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds and determines that enactment of this ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), in that the ordinance is intended to provide additional enforcement mechanisms for the conservation of water resources in the event of a drought or water shortage emergency.
SECTION 4. SEVERABILITY
The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
Ordinance No. XXXX
SECTION 5. 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 6. 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 first day of March, 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 votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Betsy Nash, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Ordinance No. XXXX
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PUBLIC HEARING
AMEND MUNICIPAL CODE ON WATER CONSERVATIONMarch 1, 2022 – Pam Lowe G2-PRESENTATION
MENLO PARK MUNICIPAL WATER
100% supply
purchased fromSan Francisco Public UtilitiesCommission (SFPUC) Approx. 4,300 service
connections
Water service for half
of the City
2 WATER SHORTAGE
CONTINGENCY PLAN (WSCP)
3 Adopted in May 2021 with the Urban Water Management Plan A plan to reduce demand and augment available supply for shortage conditions
Outlines proposed actions for six drought stages ranging from “up to 10%” to “more than 50%” water use reductions
Considers water regulations adopted by the State Water Board or SFPUC, our water wholesaler
Allows flexibility for the City Council to incorporate additional conservation measures
Includes enforcement measures available to achieve conservation MUNICIPAL CODE. CHAPTER 7.35
WATER CONSERVATION
4 Provides the City with flexibility to respond to any drought emergency or reductions in available water supply
The WSCP is not enforceable in itself The current code does not allow for enforcement States that the City shall adopt, by resolution, a Water Conservation Plan to enforce State Water Board or SFPUC regulations
MUNICIPAL CODE 7.35
WATER CONSERVATION
5 Proposed revisions:1. Provide for enforcement of mandatory conservation measures upon declaration of drought emergency by City Council
2. The City may adopt, by resolution, a Water Conservation Plan to enforce State Water Board or SFPUC regulations
Staff recommendations:1. Introduce an ordinance to amend Municipal Code section 7.35
THANK YOU
Administrative 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: 3/1/2022
Staff Report Number: 22-044-CC
Regular Business: Adopt a resolution determining the Utility Users Tax is necessary to the financial health of the City
pursuant to Section 3.14.310 of the Municipal Code
Recommendation
Staff recommends that City Council adopt a resolution (Attachment A) determining that the Utility Users Tax (UUT) is necessary for the financial health of the City for fiscal years 2020-21 and 2021-22.
Policy Issues
The City Council is required to adopt a balanced budget for each fiscal year. Pursuant to the Utility Users Tax Ordinance section 3.14.310, the City Council is also required to make a determination about whether the UUT is necessary for the financial health of the City every two years.
Background
Ordinance No. 950 of the City Council of the City of Menlo Park Adopting a Utility Users Tax became effective after it was approved by a majority of voters at the General Election of November 7, 2006.
Ordinance No. 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, this Chapter is known as the Utility Users Tax (UUT) Ordinance. The UUT Ordinance imposed a communication users tax at a rate of 2.5 percent, an electricity users tax at a rate of 3.5 percent, a gas tax at the rate of 3.5 percent, and a water users tax at the rate of 3.5 percent
Section 3.14.130 of the UUT Ordinance allows the City Council to reduce the rate of the UUT if such a reduction will not adversely affect the City’s ability to meet its financial obligations. The City Council first reduced the UUT to a rate of 1 percent for all utilities after examining the City’s long-term forecast in their considerations of the 2007-08 fiscal year budget. The reduced rates have been reconfirmed with each subsequent fiscal year budget.
Section 3.14.310 of the UUT Ordinance requires the City Council to review the need for the UUT, not later than June 30, 2008, and every two (2) years thereafter, and, by a two-thirds (2/3) vote of the City Council, make findings that the UUT is necessary for the financial health of the City. In the event the City Council fails to make the required findings by any review date, the City’s authority to levy the UUT for that two-year period is terminated. However, all other provisions of the UUT Ordinance, including the provisions creating and authorizing the City to impose the UUT, shall remain in full force and effect.
In early 2020, the COVID-19 pandemic emerged, which created numerous financial challenges for local governments and their creation of balanced budgets. The resulting national, statewide, and local regulations and health recommendations led to a corresponding loss of tax revenue. Staff estimated that certain revenue streams, such as the transient occupancy tax, would almost be completely eliminated during the emergency. Overall, there was a projected $20.7 million revenue shortfall projected for fiscal years 2020-21 AGENDA ITEM H-1 Page H-1.1
Staff Report #: 22-044-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org and 2021-22.
Staff provided a proposed comprehensive budget and fiscal update to the City Council April 28, 2020, which assessed the financial impacts of the COVID-19 emergency. Staff projected the financial crisis would likely result in an estimated $12.7 million revenue shortfall for the fiscal year 2020-2021.
The City recognized there was no historical analog to guide the development of a balanced operating budget during a global pandemic of the scale of COVID-19. To balance the budget, staff recommended personnel and non-personnel reductions to achieve $8.7 million in net savings for the 2020-2021 fiscal year, and the use of one-time monies, including $2.9 million from the City’s economic stabilization reserve. Staff and the City Council also considered whether the City should increase existing tax revenues to cover the budget shortfall, including the UUT.
Staff informed the City Council in their May 19, 2020 staff report that although the UUT had been continually reduced to 1 percent every year since 2007 if the temporary reduction was allowed to lapse and the UUT were to be levied at its fully authorized amount, an additional $1.92 million in annual revenue could be generated for the City.
Although, the City Council recognized that letting the temporary reduction to the UUT rate lapse would result in additional revenues for the City, they also recognized the economic hardship faced by many residents and businesses due to COVID-19 related impacts. As such, the City Council adopted Resolution No. 6570, June 23, 2020, by a two-thirds vote, reducing the authorized UUT levy to 1 percent and finding that the temporary reduction would not adversely impact the City’s ability to meet its financial obligations in the proposed budget. In doing so, the City Council also determined that a UUT of 1 percent was necessary to the City’s financial health and for the City to meet is budgeted financial obligations.
On June 23, 2020, the City Council reviewed and considered for adoption the revised budget for fiscal year 2020-2021. The proposed budget included $1.22 million in estimated revenue from the UUT. The UUT revenue was necessary for the City to adopt a balanced budget that provided sufficient revenues to meet the City’s financial obligations, as evidenced by the staff report and other budget documents. The City Council adopted Resolution No. 6568, by a two-thirds vote, June 23, 2020, which approved the budget for fiscal year 2020-2021, including the necessary UUT revenues.
One year later, the City Council reaffirmed its finding that the UUT was necessary for the City’s financial health when it adopted Resolution No. 6635, by a two-thirds vote, June 28, 2021, finding that the UUT could be temporarily reduced to 1 percent for fiscal year 2021-2022, and Resolution No. 6633, by a two-thirds vote, on the same day, approving the budget for fiscal year 2021-2022, which included $1.74 million in necessary UUT revenues.
Thus, for fiscal years 2020-2021 and 2021-2022, the estimated UUT revenues were necessary to the City’s adoption of balanced budgets that met the City’s financial needs. If the City had not received the UUT revenues, the City would have been forced to use reserve funds to meet its financial obligations, which would have reduced reserves below the minimum thresholds set by City Council policy or caused the General Fund to fall into a negative unassigned fund balance.
Recent updates on the UUT revenues have shown that the City received $1,442,006 in UUT for fiscal year 2020-2021 and budgeted $1,735,110 for fiscal year 2021-2022 bringing the total amount of receipts to approximately $3.2 million.
Page H-1.2
Staff Report #: 22-044-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Menlo Park Municipal Code Chapter 3.14 governs the UUT. Section 3.14.310 of the Menlo Park Municipal Code requires the City Council to review the need for the UUT and make findings that the UUT is necessary for City’s financial health every two years. There is no single measure that fully captures the financial health of a local government.
Financial health is generally defined as the ability of a local government to balance recurring expenditures with recurring revenues, while providing services on a continuing basis. A community in good financial health generally maintains, at a minimum, adequate service levels during fiscal downturns, identifies and adjusts to long-term economic changes, and develops resources to meet future needs. In defining the City of Menlo Park’s financial health, the below items must be considered. • The ability of the City to fund ongoing General Fund expenses with ongoing revenues, and not rely on one-time resources (e.g., reserves, stimulus funds, proceeds from land sales, etc.) to fund ongoing services;
• The ability of the City to maintain appropriate reserves levels -- consistent with best practices in local government financial management and City Council approved financial policies -- in order to preserve the long-term financial health of the City;
• The ability of the City to minimally provide adequate service levels that meet community needs and that are both stable and sustainable, even when faced with severe economic downturn.
The City must maintain its financial health on an ongoing and consistent basis. This means that if the City maintains its reserves but is not able to fund ongoing services with ongoing revenues, the City is not sustaining financial health. Similarly, if the City is unable to restore programs and services that were eliminated during an economic downturn without using reserves or other one-time cash infusions, it could be a sign of financial distress. Again, since there is no single measure that fully captures the financial health of a local government, it is appropriate to view financial health from multiple perspectives.
As explained above, the City Council and staff reviewed and discussed the UUT several times throughout fiscal years 2020-2021 and 2021-2022. After reviewing and analyzing the UUT and the City’s budgeted expenses, the City Council directed staff to include the UUT revenues at a rate of 1 percent in the balanced budget. The UUT revenues were necessary for the City to adopt balanced budgets for fiscal years 2020- 2021 and 2021-2022, and the City’s financial records show that the City received $1,442,006 in UUT for fiscal year 2020-2021 and budgeted $1,735,110 for fiscal year 2021-2022. As of December 31, the City has received $798,532 in UUT revenues this fiscal year.
The City Council found that the UUT was necessary for the financial health of the City when it adopted Resolutions Nos. 6570 June 23, 2020, and 6635 June 28, 2021, by two-thirds votes, reducing the UUT to 1 percent and finding that the temporary reduction would not adversely affect the City’s ability to meet its financial obligations in its budgets for fiscal years 2020-2021 and 2021-2022. Likewise, the City Council found that the UUT was necessary for the City’s financial health when it adopted Resolutions Nos. 6568 June 23, 2020, and 6633 June 28, 2021, by two-thirds votes, adopting the budgets for fiscal years 2020- 2021 and 2021-2022, which included UUT revenues that were necessary for the City to adopt balanced budgets.
On December 28, 2021, a class-action lawsuit was filed against the City seeking to invalidate the UUT and secure a refund of UUT revenues. According to the lawsuit, the City’s levy of the UUT was wrongful because the City Council failed to make the financial necessity findings required by Section 3.14.310 of the Page H-1.3
Staff Report #: 22-044-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org UUT Ordinance. These allegations are false because, as explained above, the City Council did make the required findings by adopting Resolution Nos. 6570, 6568, 6635, and 6633 (Attachment B.) However, in order to reaffirm the City Council’s previous findings, staff recommends that the City Council adopt the proposed resolution (Attachment A), which confirms:
• The Utility Users Tax (UUT) for fiscal year 2020-21 and fiscal year 2021-22 was and is necessary for the financial health of the City of Menlo Park (City.)
• The City is only able to maintain its City Council adopted reserve levels with the additional revenue from the UUT. Without the UUT, the City would be required to fund operations with additional transfers from fund balances or a further reduction in City services levels.
Impact on City Resources
As noted in the previous sections, the fiscal year 2020-2021 Fund received UUT tax of $1.44 million in revenue generated by the temporarily reduced UUT and the fiscal year 2021-22 budget was balanced with the use of $1.74 million in anticipated revenue generated by the temporarily reduced UUT. Therefore, without using the UUT, the City would have needed to generate, borrow or otherwise use $3.2 million in funds over fiscal years 2020-2021 and 2021-2022.
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. Resolution – Determining that the UUT is necessary for the financial health of the City B. Resolution Nos. 6570, 6568, 6635, and 6633
Report prepared by:
Nira Doherty, City Attorney
Marvin Davis, Interim Finance Director
Page H-1.4
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
DETERMINING THAT THE UTILITY USERS TAX, IS NECESSARY FOR THE FINANCIAL HEALTH OF THE CITY, PURSUANT TO SECTION 3.14 OF THE
MENLO PARK MUNICIPAL CODE
WHEREAS, Ordinance No. 950 of the City Council of the City of Menlo Park, adopting a Utility Users Tax, became effective upon approval by a majority of voters at the General Election of November 7, 2006; and
WHEREAS, Ordinance 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, known as the “Utility Users Tax Ordinance,” which imposed a communication users tax at a rate of 2.5 percent, an electricity users tax at a rate of 3.5 percent, a gas tax at the rate of 3.5 percent, and a water users tax at the rate of 3.5 percent; and
WHEREAS, in April 2020 staff projected that the financial crisis sparked by the COVID-19 pandemic, along with the corresponding loss of tax revenue, would likely result in an estimated $12.7 million revenue shortfall for the fiscal year 2020-2021 and a possible $20.7 million revenue shortfall over the next two fiscal years; and
WHEREAS, on April 7, 2020, staff sought direction from City Council confirming the City’s priorities during the COVID-19 emergency included assessing the fiscal impacts of the COVID19 emergency and providing a budget amendment, if necessary; and WHEREAS, on April 7, 2020 the City Council passed a motion confirming its priorities, assessing the fiscal impacts of the COVID-19 emergency, and adopting a budget amendment for the fiscal year 2019-2020, if necessary; and
WHEREAS, on April 28, 2020, City Councilmembers stated, on the record during a City Council meeting, that the COVID-19 pandemic was a surprise emergency and warranted the use of reserve funds and other revenue streams to cover the revenue shortfall; and WHEREAS, on April 28, 2020, staff recommended the City Council make several budget amendments in response to the revenue shortfall, including reducing the personnel budget by an additional $2.26 million and reducing operating budget by an additional $1.93 million; and WHEREAS, on April 28, 2020, due to the projected fiscal impacts of the pandemic, the City Council passed a motion adopting Resolution No. 6556 which appropriated the use of reserves of up to $2.9 million to maintain a balanced budget for fiscal year 2019-2020; and WHEREAS, on April 28,2020, the City Council passed a motion approving a budget strategy for the fiscal year 2020-2021 budget which included reducing personnel costs by $4.57 million, reducing non-personnel costs by $4.1-6.1 million, and directing the City Manager to identify up to $4.1 million in reserves and additional funding to balance the fiscal year 2020-2021 General Fund budget; and
WHEREAS, staff then researched and analyzed alternative revenue sources, including revenue savings from staff reductions, drawing down the economic stabilization reserve, deferring capital improvement expenditures, borrowing funds, or ending the temporary reduction of the Utility Users Tax (UUT) in order to increase the UUT above the reduced 1 percent rate; and ATTACHMENT A Page H-1.5
WHEREAS, on May 19, 2020, a staff report explained that there was no historical analog to help guide the development of a balanced budget during an unanticipated pandemic and that the typical tools the City would use on a year-to- year budget cycle were insufficient to address the magnitude of revenue shortfalls anticipated for the upcoming fiscal year; and WHEREAS, on May 19, 2020, staff presented to the City Council, in Staff Report No. 29-106-CC, a number of options for balancing the budget in the face of unprecedented revenue shortfalls, including personnel and non-personnel reductions, use of one time monies, and other revenue increasing strategies, including increasing the UUT rate to the maximum allowable amount; and WHEREAS, as a result of the significant financial impacts of the COVID-19 pandemic, the City Council took action on May 28, 2020 to issue layoff notices to 28 benefited personnel and 40 nonbenefited temporary personnel, creating a savings of $11.7 million in program and service reductions; and
WHEREAS, in the staff report for the June 2, 2020 budget discussions, staff informed the City Council that the Council could end the UUT reduction and levy the fully authorized UUT in order to generate an additional $1.92 million in revenues; and WHEREAS, on June 2, 2020, during a meeting of the City Council, Councilmembers discussed the level at which the UUT should be set in order to balance the City’s financial and budgetary needs against the potential burden that levying the fully authorized UUT could place on residents and businesses during an unprecedented pandemic; and
WHEREAS, the City Council considered budget balancing measures sufficient to offset the projected revenue shortfall at 5 public meetings, on April 28, May 19, 25, 28, and June 2, 2020 and then directed staff to incorporate specific expenditure reductions totaling $11.7 million and an additional discretionary reduction of $2.5 million in the City Manager’s proposed budget; and WHEREAS, on June 9, 2020, staff presented to the City Council, at a City Council meeting, the history of the UUT and how the maximum rate had been temporarily reduced to 1 percent in all previous years because the City Council found that it could reduce the UUT without adversely affecting the City’s ability to meet its budgeted financial obligations; and WHEREAS, on June 9, 2020, the City Council directed staff to keep the UUT at the reduced 1 percent rate, in order to avoid the adverse impacts to residents and businesses of charging the fully authorized UUT, and to balance the budget based on that reduced amount; and WHEREAS, on June 23, 2020, City staff recommended to the City Council a balanced budget that included a necessary $1.22 million in revenue from the UUT at the reduced rate of 1 percent and extreme cuts necessary to balance the budget, such as a staff reduction of 17.1 percent; and WHEREAS, the City Council found that the UUT was necessary for the financial health of the City when it adopted Resolution No. 6570 on June 23, 2020, by a two-thirds vote, reducing the UUT to 1 percent and finding that the temporary reduction would not adversely affect the City’s ability to meet its financial obligations in its budget for fiscal year 2020-2021; and WHEREAS, the City Council found that the UUT was necessary for the City’s financial health when it adopted Resolution No. 6568 on June 23, 2020, by a two-thirds vote, approving the budget for fiscal year 2020-2021, which included $1.22 million in UUT revenues that were necessary for the City to adopt a balanced budget; and
Resolution No. XXXX
WHEREAS, on June 28, 2021, City staff recommended to the City Council a General Fund budget for fiscal year 2021-2022, which included $1.74 million in revenue from the temporarily reduced UUT rate of 1 percent; and
WHEREAS, on June 28, 2021, the City Council found that the UUT was necessary for the financial health of the City when it adopted Resolution No. 6635, by a two-thirds vote, temporarily reducing the UUT rate to 1 percent and finding that the reduced rate would not adversely affect the City’s ability to meet its financial obligations in its budget for fiscal year 2021-2022; and WHEREAS, on June 28, 2021, the City Council found that the UUT was necessary for the financial health of the City when it adopted Resolution No. 6633, by a two-thirds vote, approving the budget for fiscal year 2021-2022, which included $1.74 million in necessary UUT revenues; and WHEREAS, the City’s financial records indicate that the City received $1,442,006 in UUT for fiscal year 2020-2021 and budgeted $1,735,110 for fiscal year 2021-2022 bringing the total amount of receipts to approximately $3.2 million; and
WHEREAS, the UUT revenues the City has and will receive over the 2020-2021 and 2021-2022 fiscal years, were and are necessary for the City’s financial health because, had the City not received this additional revenue, reserve policy parameters would have fallen below the minimum amounts set by City Council policy and the General Fund could have fallen to a negative unassigned fund balance; and
WHEREAS, The City of Menlo Park defines financial health as the following:
• The ability of the City to fund ongoing General Fund expenses with ongoing revenues, and not rely on one-time resources (e.g., reserves, stimulus funds, proceeds from land sales, etc.) to fund ongoing services;
• The ability of the City to maintain appropriate reserves levels consistent with best practices in local government financial management and City Council approved financial policies in order to preserve the long-term financial health of the City; • The ability of the City to minimally provide adequate service levels that meet community needs and that is both stable and sustainable, even when faced with severe economic downturn.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Menlo Park hereby resolves as follows:
1. The City Council found and determined, pursuant to section 3.14.310 of the City’s Municipal Code, that the Utility Users Tax (UUT) was necessary for the City’s financial health when it adopted Resolutions Nos. 6570 and 6568, reducing the UUT to 1 percent and adopting a balanced budget for fiscal year 2020-2021, which included necessary UUT revenues.
2. The City Council reaffirmed its finding that the UUT revenues were necessary for the City’s financial health when it adopted Resolutions Nos. 6635 and 6633, reducing the UUT to 1 percent and adopting a balanced budget for fiscal year 2021-2022, which included necessary UUT revenues.
Resolution No. XXXX
3. The City Council hereby reaffirms its previous findings and determinations that the UUT, imposed by Chapter 3.14 of the City of Menlo Park Municipal Code, is and was necessary for the financial health of the City for fiscal years 2020-2021 and 2021-2022.
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 first of March, 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 March, 2022.
Judi A. Herren, City Clerk
Resolution No. XXXX
RESOLUTION NO. 6568
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK ADOPTING THE BUDGET FOR FISCAL YEAR 2020–21
WHEREAS, in April 2019 staff projected that the financial crisis sparked by the novel coronavirus COVID-19 pandemic results in an estimated $12.7 million revenue shortfall for fiscal year 2020-21; and
WHEREAS, on April 28, 2020, the City Council directed staff to present budget balancing measures sufficient to offset the revenue shortfall without the use of one-time money, including the City’s Economic Stabilization Fund; and
WHEREAS, the City Council considered budget balancing measures sufficient to offset the projected revenue shortfall at 5 public meetings, completing their review June 2, and directing staff to incorporate specific expenditure reductions totaling $11.7 million and further direction to incorporate an additional reduction of $2.5 million at staff’s discretion in the City Manager’s proposed budget; and
WHEREAS, the City Council considered the City Manager’s proposed budget at their public hearing on June 9, 2020, providing final direction to restore the budget for services at the Onetta Harris Community Center, reactivate childcare services and augment the budget for those services sufficient to ensure compliance with strict social distancing measures directed by public health officials, maintain membership in Peninsula Library System Joint Powers Authority for fiscal year 2020-21 and exercise the option of terminating membership in the Joint Powers Authority effective July 1, 2021, and use a nominal amount of one-time money from the Economic Stabilization Fund to balance the budget; and
WHEREAS, uncertainties resulting from the public health crisis and financial crisis necessitate extraordinary budgetary oversight that will require budget amendments in September 2020, January 2021, and April 2021, to maintain a balanced budget as new information emerges; and WHEREAS, City Council Procedure #19-001-CC requires City Council action to enter into agreements or settle claims with aggregate annual payments in excess of $78,000 for fiscal year 2020-21; however expenditures in debt service on currently-issued debt, utilities, employee benefits, inter-governmental agreements, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund exceed the annual aggregate of $78,000 through contractually obligations or public health and safety necessity; and
WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered the proposed budget document dated June 9, 2020 and related written and oral information at the meeting held June 23, 2020, and the City Council having been fully advised in the matter and good cause appearing therefore;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Menlo Park that the City Council does hereby:
1. Adopt the budget for the fiscal year 2020–21 as summarized in in Exhibit A; and as modified according to majority City Council direction; and
ATTACHMENT B Page H-1.9
2. Authorize the City Manager to execute or rescind layoff notices to employees resulting from the budget adoption and in compliance with City Council adopted labor agreements and side-letter agreements;
3. Authorize staff to adjust the city manager’s proposed budget to incorporate changes in assumptions for the proposed budget, to incorporate changes directed by the City Council at budget adoption, true-up of estimated carry-over appropriations, and other minor clerical errors; and
4. Authorize the City Manager or designee to make payments for services provided to the City in the categories of debt service on currently-issued debt, utilities, employee benefits, inter-governmental agreements, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund, in excess of $78,000 and up to the budgeted amount in fiscal year 2020 I, Judi A. Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-third day of June, 2020, by the following vote:
AYES: Carlton, Combs, Mueller, Nash, Taylor
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-third day of June, 2020.
Judi A. Herren, City Clerk
Resolution No. 6568
Page H-1.10
Fund category Fund type Fund number and name Revenues Expenditures Governmental General Fund (100) General Fund 56,429,065 56,429,064 Governmental Expendable Trust Fund (409) E. Kennedy/ Arts Trust - 120 Governmental Expendable Trust Fund (813) Frances Mack Trust - 720 Governmental Special Revenue Fund (505) Vintage Oaks Landscape Mtce 18,551 360 Governmental Special Revenue Fund (506) Sharon Hills Park - 240 Governmental Special Revenue Fund (801) Rec-In-Lieu Fund 1,382,498 1,276,198 Governmental Special Revenue Fund (809) Bayfront Pk.Mt. Operation 258,089 1,800 Governmental Special Revenue Fund (453) Library System Impv'T Fund 478,660 558,822 Governmental Special Revenue Fund (705) Narcotic Seizure Fund 2,000 - Governmental Special Revenue Fund (706) Suppl Law Enforc Svc Fd (Cops) 100,600 204,300 Governmental Special Revenue Fund (710) Transportation Impact Fees 4,514,716 3,440,183 Governmental Special Revenue Fund (711) Transportation Fund 143,176 - Governmental Special Revenue Fund (713) Storm Drainage 103,608 28,368 Governmental Special Revenue Fund (714) Shuttle Program 1,014,000 1,271,957 Governmental Special Revenue Fund (753) Garbage Service Fund 528,264 664,388 Governmental Special Revenue Fund (754) Marsh Rd Landfill @ Bayfront 5,575,336 5,180,030 Governmental Special Revenue Fund (758) Downtown Parking Permits 822,530 643,130 Governmental Special Revenue Fund (831) Housing Fund 126,000 10,000 Governmental Special Revenue Fund (832) BMR Housing-Residentl/Commerl 1,190,700 487,913 Governmental Special Revenue Fund (834) County Transp Tax Fund 1,748,596 1,375,109 Governmental Special Revenue Fund (835) Highway Users Tax Fund 2,653,530 1,753,230 Governmental Special Revenue Fund (836) Rev Share-Emergency Loan 10,500 2,980 Governmental Special Revenue Fund (837) Commun Devel Block Grant 10,000 11,600 Governmental Special Revenue Fund (838) Landscaping/Tree Assesmnt 996,220 1,085,026 Governmental Special Revenue Fund (839) Sidewalk Assesment 299,481 26,600 Governmental Special Revenue Fund (840) Measure M 143,000 143,000 Governmental Special Revenue Fund (841) Storm Water Mgmt Fund (Npdes) 417,000 539,902 Governmental Special Revenue Fund (843) Construction Impact Fee Fund 6,395,982 3,330,452 Governmental Special Revenue Fund (846) SB1 LSRP Capital Fund (Hut Rrm) 1,386,081 802,338 Governmental Capital Project Fund (845) Measure T - 02 Go Bonds - 1,560 Governmental Capital Project Fund (851) Capital Improvement Fund 17,699,331 16,536,686 Governmental Capital Project Fund (853) 1990 Library Addition - 600 Governmental Debt Service Fund (874) 1990 Library Bond Debt Service - 1,800 Governmental Debt Service Fund (875) 2002 Recreation Go Bond D.S. 1,125,013 1,130,463 Governmental Internal Service Fund (101) Workers' Compensation Fund 933,671 1,236,752 Governmental Internal Service Fund (102) General Liability Fund 858,330 993,337 Governmental Internal Service Fund (103) Other Post Employment Benefits 344,075 492,000 Governmental Internal Service Fund (104) IT Internal Service Fund 2,897,558 2,795,037 Governmental Internal Service Fund (507) Vehicle Replacement Fund 403,260 1,072,200 Business-Type Enterprise Fund (855) Water Capital Fund 14,176,289 12,246,366 Business-Type Enterprise Fund (861) Water Operations Fund 13,085,900 9,994,529 Total all funds 137,919,010 126,121,760
EXHIBIT A Resolution No. 6568
Page H-1.11
RESOLUTION NO. 6570
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
ESTABLISHING A TEMPORARY TAX PERCENTAGE REDUCTION IN THE UTILITY USERS’ TAX PURSUANT TO SECTION 3.14.130 OF THE CITY OF
MENLO PARK MUNICIPAL CODE
WHEREAS, Ordinance 950 of the City Council of the City of Menlo Park Adopting a Utility Users’ Tax became effective upon approval by a majority of voters at the General Election of November 7, 2006; and WHEREAS,
Ordinance 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, this chapter known as the “Utility Users’ Tax Ordinance”; and
WHEREAS, the Utility Users’ Tax Ordinance Section 3.14.130 allows the City Council to enact a Temporary Tax Percentage Reduction for a period of no more than twelve (12) months; provided adequate written notice is given to all affected service suppliers; and WHEREAS, the City Council established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2008–09, effective October 1, 2008; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2009–10, effective October 1, 2009; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2010–11, effective October 1, 2010; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2011–12, effective October 1, 2011; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2012–13, effective October 1, 2012; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2013–14, effective October 1, 2013; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2014–15, effective October 1, 2014; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2015–16, effective October 1, 2015; WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2016–17, effective October 1, 2016; WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2017–18, effective October 1, 2017; WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2018–19, effective October 1, 2018; WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2019–20, effective October 1, 2019;
Page H-1.12
Resolution No. 6570
WHEREAS, the City Council is not prohibited from adopting consecutive temporary tax percentage reductions as provided by Section 3.14.130 of the Utility Users’ Tax Ordinance; WHEREAS, the City Council now finds that a consecutive temporary tax reduction shall not adversely affect the City’s ability to meet its financial obligations as contemplated in the budget for the fiscal year 2020–21, considered and adopted at its regular meeting of June 23, 2020, provided the City’s revenues and financial position does not significantly change from the projections in the budget;
WHEREAS, this temporary reduction will have some impact on the City’s financial position, the City Council recognizes the economic hardship currently faced by many residents and businesses due to COVID-19 related impacts.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park at its regular meeting of June 23, 2020 hereby establishes a temporary reduction in the Utility Users’ Tax rate, maintaining the current reduced rate of one percent (1.0%) for taxes imposed by sections 3.14.040 through 3.14.070 for a period of no more than twelve (12) months, effective October 1, 2020. No other provisions of the Utility Users’ Tax Ordinance are affected by this resolution. Nothing herein shall preclude the City Council from modifying the tax rate set herein during said twelve-month period.
I, Judi A. Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-third day of June, 2020, by the following vote:
AYES: Carlton, Combs, Mueller, Nash, Taylor
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-third day of June, 2020.
Judi A. Herren, City Clerk
Page H-1.13
RESOLUTION NO. 6633
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
ADOPTING THE BUDGET AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2021–22
WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered the proposed budget document dated June 8, 2021 and related written and oral information at the meeting held June 22, 2021, and the City Council having been fully advised in the matter and good cause appearing therefore; and
WHEREAS, City Council Procedure #19-001-CC requires City Council action to enter into agreements or settle claims with aggregate annual payments in excess of $79,000 for fiscal year 2021-22; however, expenditures in debt service on currently-issued debt, utilities, employee benefits, inter-governmental agreements, City Attorney fees, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund exceed the annual aggregate of $79,000 through contractual obligations or public health and safety necessity.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Menlo Park that the City Council does hereby:
1. Adopt the budget for the fiscal year 2021–22 as summarized in Exhibit A and as modified according to majority City Council direction; and
2. Authorize staff to adjust the city manager’s proposed budget to incorporate changes in assumptions for the proposed budget, to incorporate changes directed by the City Council at budget adoption, true-up of estimated carry-over appropriations, and other minor clerical errors; and
3. Authorize the City Manager or designee to make payments for services provided to the City in the categories of debt service on currently-issued debt, utilities, employee benefits, intergovernmental agreements, City Attorney fees, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund, in excess of $79,000 and up to the budgeted amount in fiscal year 2021-22.
I, Judi Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-eighth day of June, 2021, by the following vote:
AYES: Combs, Mueller, Nash, Wolosin
NOES: Taylor
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this third day of December, 2021.
Judi A. Herren, City Clerk
Page H-1.14
Resolution No. 6633 adopting the fiscal year 2021-22 budget and capital improvement plan Revenues and
Transfers In
Expenditures and
Transfers Out
Net Revenue/
(Expenditure)
General Funds
(100) General Fund 62,703,307 6 - 2,703,307
(111) One-time Revenue Fund 1,686,000 1,686,000
General Funds Total 64,389,307 62,703,307 1,686,000
Special Revenue Funds
(201) EIR Fees - - -
(202) Miscellaneous Trust Fund - - -
(211) Heritage Tree 10,000 135,000 (125,000)
(221) Housing Special Revenue Fund - 4,000 (4,000)
(222) Below Market Rate Housing Special Revenue - 336,611 (336,611) (223) Federal Revenue Sharing - 4,000 (4,000)
(224) Community Development Block Grant - 4,000 (4,000) (251) Big Lift 190,000 260,149 (70,149)
(252) Childcare Food 31,500 50,000 (18,500)
(253) Belle Haven Child Development Center 1,255,000 1,557,689 (302,689) (254) Preschool-QRIS - - -
(255) Senior Transportation - - -
(256) Recreation In-Lieu 1,074,334 1,624,334 (550,000)
(301) Literacy Grant - - -
(303) Family Literacy Grant - - -
(304) Menlo Park Community Campus Fund 15,614,847 13,617,900 1,996,947 (326) Narcotic Seizure Fund - - -
(327) Supplemental Law Enforcement Services - - -
(328) Downtown Parking Permits 500,000 2,589,600 (2,089,600) (329) OTS Grant - -
(331) ABC Grant - - -
(332) Bayfront Impact Fund - 2,434,625 2,434,625
(351) Transportation Impact Fees 9,813,723 9,688,723 (125,000) (352) Transportation Fund 1,427,466 1,427,466 -
(353) Downtown Public Amenity Fund 300,000 100,000 (200,000) (354) Storm Drainage Fees 50,000 1,800 (48,200)
(355) Shuttle Program 1,200,398 841,046 (359,352)
(356) County Transportation Tax (Measure A) 1,350,484 1,199,459 (151,025) (357) Highway Users (Gas Tax) Fund 2,610,245 2,332,964 (277,281) (358) Landscape/Tree Assessment 1,046,071 1,287,457 241,386 (359) Sidewalk Assessment 277,050 305,838 28,788
(360) Measure M 146,000 146,000 -
(361) Storm Water Management(NPDES) 514,969 425,862 (89,107) (362) Construction Impact Fee Fund 5,156,584 4,032,990 (1,123,594) (363) Measure W 500,000 300,000 (200,000)
(364) HUT Repair and Maintenance 550,000 - (550,000)
(365) Landfill Post-Closure 4,495,404 4,883,569 388,165 (366) Vintage Oaks Landscape - - -
(367) Sharon Hills Park - - -
(368) Bayfront Park Maintenance 248,484 - (248,484)
(391) Ravenswood Ave Grade Separation Study - - -
(397) American Rescue Plan Act Fund 847,740 4,150,250 3,302,510 Special Revenue Funds Total 52,233,730 50,717,901 1,515,829 Debt Service Funds
(400) Library GO Bond 1990 - 7,545 7,545
(401) Recreation GO Bond 1,041,281 - (1,041,281)
Debt Service Funds Total 1 7,545 ( ,041,281 1,033,736)
Capital Project Funds
(501) General Capital Improvement Fund 34,952,356 26,793,742 (8,158,614) Internal Service Funds
(701) Workers' Compensation Fund 1,050,019 1,234,411 184,392 (702) General Liability Fund 1,431,169 863,081 (568,088) (703) Other Post Employment Benefits 648,018 318,750 (329,268) (704) IT Internal Service Fund 2,823,083 2,781,801 (41,282) (705) Vehicle Replacement Fund 1,570,000 1,396,380 (173,620) Internal Service Funds Total 7,522,289 6,594,423 (927,866) Enterprise Funds
(600) Water Capital Fund 16,430,567 13,364,782 (3,065,785) (601) Water Operations Fund 1 13,774,400 3 0,239,617 ,534,783 (610) Solid Waste Service 334,032 - (334,032)
Enterprise Funds Total 27,139,182 27,004,216 134,966
All Funds Total 177,157,929 183,941,350 (6,783,421)
2021-22 Adopted Budget
EXHIBIT A
Page H-1.15
RESOLUTION NO. 6635
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
ESTABLISHING A TEMPORARY TAX PERCENTAGE REDUCTION IN THE UTILITY USERS’ TAX PURSUANT TO SECTION 3.14.130 OF THE CITY OF
MENLO PARK MUNICIPAL CODE
WHEREAS, Ordinance 950 of the City Council of the City of Menlo Park Adopting a Utility Users’ Tax became effective upon approval by a majority of voters at the General Election of November 7, 2006; and
WHEREAS, Ordinance 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, this chapter known as the “Utility Users’ Tax Ordinance”; and WHEREAS, the Utility Users’ Tax Ordinance Section 3.14.130 allows the City Council to enact a Temporary Tax Percentage Reduction for a period of no more than twelve (12) months; provided adequate written notice is given to all affected service suppliers; and WHEREAS, the City Council established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2008–09, effective October 1, 2008; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2009–10, effective October 1, 2009; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2010–11, effective October 1, 2010; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2011–12, effective October 1, 2011; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2012–13, effective October 1, 2012; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2013–14, effective October 1, 2013; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2014–15, effective October 1, 2014; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2015–16, effective October 1, 2015; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2016–17, effective October 1, 2016; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2017–18, effective October 1, 2017; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2018–19, effective October 1, 2018; and Page H-1.16
WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2019–20, effective October 1, 2019; and WHEREAS, the City Council re-established a temporary tax reduction in consideration of the adopted budget for the fiscal year 2020–21, effective October 1, 2020; and WHEREAS, the City Council is not prohibited from adopting consecutive temporary tax percentage reductions as provided by Section 3.14.130 of the Utility Users’ Tax Ordinance; and WHEREAS, the City Council now finds that a consecutive temporary tax reduction shall not adversely affect the City’s ability to meet its financial obligations as contemplated in the budget for the fiscal year 2021–22, considered and adopted at its regular meeting of June 22, 2021.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park at its regular meeting of June 22, 2021 hereby establishes a temporary reduction in the Utility Users’ Tax rate, maintaining the current reduced rate of one percent (1.0%) for taxes imposed by sections 3.14.040 through 3.14.070 for a period of no more than twelve (12) months, effective October 1, 2021. No other provisions of the Utility Users’ Tax Ordinance are affected by this resolution. Nothing herein shall preclude the City Council from modifying the tax rate set herein during said twelve-month period.
I, Judi Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-eighth day of June, 2021, by the following vote:
AYES: Combs, Mueller, Nash, Wolosin
NOES: Taylor
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-eighth day of June, 2021.
Judi A. Herren, City Clerk
Resolution No. 6635
Page H-1.17
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 3/1/2022
Staff Report Number: 22-039-CC
Regular Business: Adopt a resolution to install no parking restrictions on a portion of El Camino Real and timed parking
restrictions on a portion of College Avenue
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to (1) install no parking restrictions on the west side of El Camino Real from Middle Avenue to College Avenue and on the east side of El Camino Real from the southerly driveway of 700 El Camino Real to the Menlo Park/Palo Alto city limit and (2) to implement one-hour time limited parking on College Avenue from El Camino Real to approximately 160 feet westerly.
Policy Issues
This project is consistent with policies stated in the 2016 general plan circulation element. These policies seek to maintain a safe, efficient, attractive, user-friendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park.
Menlo Park Municipal Code Section 11.24 authorizes the City Council to permit or restrict parking and limits the Complete Streets Commission’s authority to permit or restrict parking to three total spaces per location in the El Camino Real and Downtown Specific Plan area.
Background
Middle Plaza at 500 El Camino Real project
Stanford University is redeveloping an 8.4-acre site, addressed 200 through 500 El Camino Real, with approximately 10,286 square feet of retail/restaurant uses, 142,840 square feet of nonmedical office, and 215 residential units.
The City Council approved this project in September and October 2017, and it adheres to the El Camino Real/Downtown Specific Plan’s (Specific Plan) “base” level standards. This project is currently under construction and is anticipated to be completed this year.
El Camino Real existing conditions and future plans
El Camino Real is State Route 82 and a major transportation corridor in the region, carrying approximately 30,000 to 45,000 daily vehicles, buses, and serving local business and school traffic. It is a historic asset for the region, but also a barrier to east-west travel in Menlo Park. In 2015, the City undertook the El Camino Real Corridor Study to develop consensus around a conceptual design for El Camino Real. Through the community engagement process, the highest priorities for desired improvements heard from the community included:
AGENDA ITEM H-2 Page H-2.1
Staff Report #: 22-039-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Enhancing pedestrian safety and crossings
• Adding bicycle lanes to El Camino Real
• Providing more bicycle parking closer to downtown
• Improving landscaping along El Camino Real
• Timing traffic signals to favor continuous north-south flow on El Camino Real On May 3, 2016, the City Council voted to accept the El Camino Real Corridor Study, identifying buffered bicycle lanes as the preferred alternative with additional study of potential solutions for the northbound traffic bottleneck at Ravenswood Avenue; to advance east-west connectivity improvements as recommended by staff into design and environmental clearance phase in advance of any further work on future north-south El Camino Real bicycle facilities; and, to reallocate the construction funds for the additional northbound through-lane at Ravenswood Avenue to the balance of the Transportation Impact Fee fund to be used for future projects identified by the City Council.
Subsequent to the Corridor Study, the City Council adopted a citywide Transportation Master Plan (TMP) November 17, 2020 (Attachment B.) This plan included buffered bike lanes on El Camino Real within the city limits as project 84 and part of projects 85-92 and 95. The TMP prioritized these projects as Tier 1 higher priority projects.
Menlo Park has also been a participant in the Peninsula Bikeway Study, a joint effort of the cities of Mountain View, Palo Alto, Menlo Park and Redwood City, as well as Stanford University and Joint Venture Silicon Valley. The final report for this study, released in August 2021, identified El Camino Real as the preferred alternative for a low stress, separated bikeway.
Analysis
No parking restriction on west side of El Camino Real between Middle Avenue and College Avenue As part of the off-site improvements for the Middle Plaza at 500 El Camino Real project, Stanford University is modifying the intersection of Middle Avenue and El Camino Real to improve access to the project site. As part of this improvement, a new crosswalk is proposed for the south leg of the intersection, so that a pedestrian may cross each of the four legs of this intersection. In addition, a two-foot raised concrete median island would be installed on El Camino Real between Middle Avenue and College Avenue, consistent with other intersections of El Camino Real. This median island would replace the existing striped median island with flexible vertical posts as shown on Attachment C. The raised median island would provide better separation between the two directions of travel as well as provide a small refuge for pedestrians. In addition, the raised median would improve aesthetics and eliminate the need to replace the flexible posts after they have been damaged by vehicles. Per Attachment D, in order to install the two-foot raised concrete median island, on-street parking needs to be removed between Middle Avenue and College Avenue. The total length of on-street parking to be removed is approximately 200 feet or eight parking spaces, potentially impacting up to eight businesses.
No parking restriction on east side of El Camino Real between southerly driveway of 700 El Camino Real and Menlo Park/Palo Alto city limit
Staff is recommending the removal of on-street parking between the southerly driveway of 700 El Camino Real and the Menlo Park/Palo Alto city limit for the future implementation of a buffered bike lane on El Camino Real as identified in TMP project 84. This restriction is being proposed for implementation before occupancy of 500 El Camino Real, to limit any confusion or uncertainty about the future plans for El Camino Real, but after construction is substantially complete to limit parking by construction workers in nearby residential areas.
Page H-2.2
Staff Report #: 22-039-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Between the southerly driveway of 700 El Camino Real and Middle Avenue, there are approximately eight parking spaces. Between Middle Avenue and Cambridge Avenue, there is currently about 500 feet of no parking area and approximately 25 parking spaces. Between Cambridge Avenue and the Menlo Park/Palo Alto city limit, there is about 150 feet of no parking area and approximately 34 parking spaces. Because the Middle Plaza at 500 El Camino Real project will provide on-site parking (underground parking structures and surface parking areas) for its residents, office workers and retail customers, removing these parking spaces would not impact Middle Plaza’s parking needs. The Stanford Park Hotel provides surface parking areas for its workers and hotel patrons and, consequently, removing the parking spaces between Cambridge Avenue and the Menlo Park/Palo Alto city limit would not impact the Hotel’s parking needs.
Complete Streets Commission feedback
Staff presented the proposed parking removal for El Camino Real to the Complete Streets Commission at their January 2022 meeting. At the meeting, several public speakers from Stanford Park Hotel spoke about the concerns of the parking removal in front of the hotel because buses with guests use that area to load and unload due to difficulty in maneuvering in their parking lot. Hotel staff indicated that buses also occasionally park overnight on El Camino Real.
One speaker raised concerns about the lack of permit parking enforcement in the Allied Arts neighborhood, noting that removal of parking would exacerbate the conditions.
The Commission discussed concerns about how the parking removal on the west side of El Camino would impact the small businesses located between Middle Avenue and College Avenue. After discussing the current parking usage and potential parking options for customers for the small businesses, the Commission voted to approve the parking removal (7-0-0-2, with Commissioners Cole and King absent) and directed staff to explore shared parking opportunities such as the Safeway parking lot, consider parking wayfinding signs, timed parking limits on College Avenue and observe the existing parking conditions for El Camino Real near the small businesses.
Following the Complete Streets Commission, staff looked into the parking options for the west side of El Camino Real. Because shared parking opportunities at existing lots would require a longer timeframe to implement and are dependent on the consent of other parties, staff focused on on-street parking options.
There are currently four businesses/properties on the affected block that rely primarily on street parking for their customers (a hair salon, a bicycle store, a dessert store and a home technology store.) The other businesses (a gas station, shipping store, a dessert shop and a martial art school) have dedicated parking on-site. Table 1 summarizes the parking availability in the area.
Table 1: Available parking supply
Location Type Number of spaces
El Camino Real One hour parking 8
North side of College Avenue1 One hour parking 1 to 2
South side of College Avenue2 Unrestricted 6 to 7
1. Parking west of the first block (Alto Lane) is restricted by residential permit
2. Parking west of approximately 160 feet from El Camino Real is restricted by residential permit In January 2022, staff conducted parking observations on two different days in the morning and afternoon in this area and observed that the parking on El Camino Real was not heavily utilized. It is expected that parking demand is likely lower due to the ongoing COVID-19 pandemic. Staff also reviewed the Google Page H-2.3
Staff Report #: 22-039-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Street View history of the parking occupancy on El Camino Real. There were 19 instances of the parking recorded between March 2009 and October 2021, although the day of week and time of day are not documented. The highest parking occupancy was seven spaces in October 2016 with most observations ranging from three to five vehicles. Staff observations for the unrestricted parking on College Avenue in January 2022 found that there were four to five vehicles parked and that they were mostly the same vehicles in the morning and afternoon indicating that vehicles were parked there for multiple hours. This onstreet parking is adjacent to a townhouse development that has individual garages for each unit. Staff recommends signing all parking on both sides of the first block of College Avenue as one-hour parking between 9 a.m. and 6 p.m. Monday through Friday except holidays (consistent with other time limited parking in the city) to encourage parking turnover and provide parking availability for customers of the local businesses to use during the day.
Subsequent to the Complete Street Commission meeting, staff received correspondence from two property owners and one of the tenants located on El Camino Real between Middle Avenue and College Avenue concerned about the removal of parking in front of their properties and the effects it would have on their business and future tenants. Staff met with business owners and shared the proposal to convert on-street parking available on College Avenue to one-hour parking to match the existing time limits on El Camino Real and to encourage parking turnover. Staff acknowledges that the proposed parking on College Avenue is not as convenient, but does provide an alternative parking that is less than a block away.
The Middle Plaza development also has a planned 26-foot wide connection at the rear of their site with the Stanford Park Hotel (Attachment E.) Staff believes that this new connection would provide the capability for buses to circulate within the hotel parking lot and exit their site without needing to load and unload on El Camino Real. Staff has been in contact with the Stanford Park Hotel and the Middle Plaza representatives to address this issue.
Impact on City Resources
The parking restriction (i.e., no parking signs and/or red curb painting) on the west side of El Camino Real between Middle Avenue and College Avenue would be installed by Stanford University at its expense. The no parking restriction on the east side of El Camino Real between the southerly driveway of 700 El Camino Real and the Menlo Park/Palo Alto city limit and the timed parking restriction on College Avenue would be installed by the City. Funding for this work would be implemented through the annual signage and striping program.
Environmental Review
The proposed installation of the parking restrictions on El Camino Real and timed-parking restrictions on College Avenue is categorically exempt under California Environmental Quality Act Article 19, § 15301 Existing Facilities - Class 1. Class 1 allows for minor alterations of existing facilities, including highways and streets, sidewalks, gutters, bicycle and pedestrian access, and similar facilities, as long as there is negligible or no expansion of use.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Postcards were also mailed to property owners and businesses located within of 500-foot radius of the project location. In addition, posters with the meeting information were placed on Aframes along the west side of El Camino Real between Middle Avenue and College Avenue and on College Avenue.
Page H-2.4
Staff Report #: 22-039-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Resolution
B. Hyperlink – City of Menlo Park Transportation Master Plan:
beta.menlopark.org/Government/Departments/Public-Works/Transportation-Division/Transportationplans/Transportation-Master-Plan C. Existing striped median island with flexible vertical posts on El Camino Real D. Excerpt from off-site pavement delineation and sign plan – 500 El Camino Real Project E. Excerpt from on-site signage and striping plan – 500 El Camino Real Project Report prepared by:
Kristiann Choy, Senior Transportation Engineer
Report reviewed by:
Hugh Louch, Assistant Public Works Director - Transportation Page H-2.5
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
AUTHORIZING THE INSTALLATION OF NO PARKING ZONES ON A
PORTION OF EL CAMINO REAL AND TIME LIMITED PARKING ON A
PORTION OF COLLEGE AVENUE
WHEREAS, on September 26, 2017, the City Council approved a development agreement with Stanford University for the Middle Plaza at 500 El Camino Real development; and, WHEREAS, the conditions of approval for the Middle Plaza at 500 El Camino Real include modifying the El Camino Real and Middle Avenue intersection to add a crosswalk on the south leg; and,
WHEREAS, Stanford University has developed a design for the El Camino Real and Middle Avenue intersection that includes a new crosswalk on the south leg and the addition of a twofoot raised median to improve pedestrian safety and accessibility; and, WHEREAS, the 2016 El Camino Real Corridor study identified enhanced pedestrian safety and crossings and bicycle lanes on El Camino Real as a preferred study alternative; and, WHEREAS, the Transportation Master Plan identified buffered bicycle lanes on El Camino Real through the city as a Tier 1 project; and,
WHEREAS, the width of El Camino Real does not provide adequate space for the existing travel lanes, new median and parking; and,
WHEREAS, an alternative short term parking location for the businesses on the west side of El Camino Real was identified on College Avenue; and,
WHEREAS, California Vehicle Code Sections 22506 and 22507 and Menlo Park Municipal Code Section 11.24 authorizes the City Council to establish by resolution restrictions on parking on local streets and state highways in Menlo Park as necessary; and, WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Menlo Park does hereby authorize the following as illustrated, attached hereto and incorporated herein by this reference as Exhibit A:
1. No parking zone on the east side of El Camino Real from the southerly driveway of 700 El Camino Real and Menlo Park/Palo Alto city limit.
2. No parking zone on the west side from Middle Avenue to College Avenue.
3. One-hour time limit parking between 9 AM and 6 PM Monday to Friday except Holidays on the south side of College Avenue from El Camino Real to approximately 160 feet westerly.
4. Update existing one-hour time limit parking on the north side of College Avenue to between 9 AM and 6 PM Monday to Friday except Holidays from the end of the existing no parking area to approximately 50 feet westerly.
Page H-2.6 ATTACHMENT A
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 first day of March, 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 March, 2022
____________________________
Judi A. Herren, City Clerk
Exhibits
A. Parking modifications on El Camino Real and College Avenue Resolution No. XXXX
LINFIELD DR
ROBLE AVE
MANOR PL
COLLEGE AVE
ERLEY
T
LINFIELD PL
CURTIS WAY
E
CREEK
PL
CLAREMONT
PL
SHERWOOD WAY
BLAKE ST
ALTO LN
WILLOW RD
MOREY DR
ALTO LN
E CREEK DR
HARVARD AVE
KENWOOD DR
CAMBRIDGE AVE
BURGESS DR
WAVERLEY ST
CLAREMONT WAY
LAUREL ST
MIDDLE AVE
E CREEK
D
R
(HOPKINS
ST)
(ARTISAN DR)
ARK )
SHERWOOD WAY
BURGES
ALMA ST
ALMA ST
EL CAMINO REAL
Time Limited Parking
Parking Removal
Middle Plaza Site
City Limits 0 125 250
Feet
Parking Modifications on ¯
El Camino Real and College Avenue
Resolution No. XXXX
ATTACHMENT C Page H-2.9
43 ATTACHMENT D
Page H-2.10
44 Page H-2.11
MATCHLINE - SEE SHEET C-11.2
ATTACHMENT E
Page H-2.12
City Council Meeting: March 1, 2022
PARKING RESTRICTIONS ON A PORTION OF EL CAMINO REAL AND COLLEGE AVENUE H2-PRESENTATION
Background
Evaluation Complete Streets
Commission feedback
Council ActionAGENDA
2 N`
BACKGROUND
3 Middle Plaza at 500 El Camino Real Project• Stanford University redevelopment consisting of 10,286 square feet of retail/restaurant uses, 142,840 square feet of non-medical office use, and 215 residential units • Project is under construction with anticipated completion date in 2022
• Required off-site improvements include the intersection of El Camino Real and Middle Avenue
BRC1
BACKGROUND
4 Future Bicycle Facilities• El Camino Real Corridor Study – undertaken by the City in 2015 to develop community consensus around a conceptual plan for El Camino Real. City Council accepted the study and identified buffered bicycle lanes as the preferred alternative. • Transportation Master Plan – includes projects to develop buffered bike lanes on El Camino Real within the city limits.
• Peninsula Bikeway Study – identified El Camino Real as preferred alternative for low stress, separated bikeway.
BRC1
No parking restriction on the west side of El Camino Real between Middle Avenue and College Avenue• Middle Plaza off-site improvements at El Camino Real at Middle Avenue will add crosswalk on southerly leg of the intersection and install 2-foot raised concrete median between Middle Avenue and College Avenue • Requires removal of approx. 8 on-street parking spaces between Middle Avenue and College Avenue
EVALUATION
5 EVALUATION (EXISTING INTERSECTION –
EL CAMINO REAL AT MIDDLE AVENUE)
6 N
EVALUATION (EXISTING MEDIAN ISLAND
WITH FLEXIBLE POSTS)
7 EVALUATION (OFF-SITE IMPROVEMENTS)
8 New 2’ Median
New Crosswalk
LH2
No parking restriction on the east side of El Camino Real between the southerly driveway of 700 El Camino Real and Menlo Park/Palo Alto city limit• Future buffered bike lanes and on-street parking removal on El Camino Real within city limits identified in the El Camino Real Corridor Study, TMP, and Peninsula Bikeway Study • Approx. 8 on-street parking spaces between southerly driveway of 700 El Camino Real and Middle Avenue
• Approx. 25 on-street parking spaces between Middle Avenue and Cambridge Avenue
• Approx. 34 on-street parking spaces between Cambridge Avenue and city limit
EVALUATION
9 • Stanford University – is providing underground parking structures and surface parking lots to meet project’s parking requirements • Stanford Park Hotel – has surface parking lots for its workers and hotel guests and will have a new connection to signal at Cambridge Avenue EVALUATION (CONT’D)
10 Public Feedback
– Impacts to small businesses on west side of El Camino Real– Bus parking for Stanford Park Hotel Commission Direction
– Identify parking alternatives for the small businesses and observe existing parking conditions
COMPLETE STREETS COMMISSION FEEDBACK
11 El Camino Real
– Currently not heavily utilized– Past Google Street View history shows one date of 7 vehicles parked, typically 3 to 5 vehicles College Avenue
– 4 to 5 vehicles parked (mostly the
same vehicles for multiple hours)
PARKING OBSERVATIONS
12 Adopt resolution to approve the following:
Remove approx. 8 parking spaces on the west side of El Camino Real between Middle Avenue and College Avenue
Remove approx. 67 parking spaces on the east side of El Camino Real between the southerly driveway of 700 El Camino Real and Menlo Park/Palo Alto city limit Install one-hour parking on the south side of College Avenue from El Camino Real to approximately 160 feet westerly and update on the north side of College Avenue to between 9 AM and 6 PM Monday to Friday except Holidays
COUNCIL ACTION
13 THANK YOU &
QUESTIONS
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 3/1/2022
Staff Report Number: 22-040-CC
Regular Business: Consider an appeal of the Complete Streets Commission’s approval of two on-street parking
removal requests on University Drive
Recommendation
Staff recommends that the City Council take the following actions regarding an appeal of the Complete Streets Commission’s approval to remove parallel on-street parking spaces on the west side of University Drive (north-south), immediately adjacent to two local streets, Millie and Rose Avenues that form T intersections:
• Deny the appeal, as these modifications are important for addressing resident concerns by achieving the required minimal sight distance for drivers turning onto University Drive; • Adopt a resolution (Attachment A) to remove two spaces to the north and two spaces to the south at Millie Avenue; and,
• Adopt a resolution (Attachment B) to remove one space to the north and one space to the south at Rose Avenue.
Policy Issues
Section 11.24.026 of the City’s Municipal Code authorizes the Commission to designate a “No Parking Zone” (i.e., red curb) adjacent to driveways, intersections, and crosswalks under specific criteria for safety concerns.
Section 11.24.028 of the Municipal Code permits any Menlo Park resident, business owner, or property owner to appeal the Commission’s decision to the City Council within 15 days.
These projects are consistent with the policies and programs (i.e., CIRC-1.1, CIR-4.4) stated in the 2016 general plan circulation element. These policies and programs seek to maintain and improve a circulation system through the street classification system that provides safe and efficient movement of people and goods throughout Menlo Park for residential and commercial purposes.
Background
Requests
On two separate occasions, staff received resident feedback concerning inadequate lines of sight for drivers turning onto University Drive from Millie Avenue and Rose Avenue. The residents stated that, due to parked vehicles on the west side of University Drive immediately adjacent to these T intersections, drivers are forced to encroach beyond the stop bar onto University Drive before they can clearly see approaching vehicles from both directions.
AGENDA ITEM H-3 Page H-3.1
Staff Report #: 22-040-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org University Drive intersects with Millie Avenue and Rose Avenue to form T intersections. The local cross streets are stop-controlled while University Drive is uncontrolled (i.e., vehicles on University Drive do not need to stop at these intersections.) University Drive has a posted speed limit of 25 miles per hour (mph.) Analysis
Evaluation
According to the American Association of State Highway and Transportation Officials’ (AASHTO) policy on Geometric Design of Highway and Streets, 155 feet of stopping sight distance is required for 25 mph roadways such as University Drive. Based on field investigation, when vehicles are fully parked on the west side of University Drive immediately adjacent to Millie Avenue and Rose Avenue, current lines of sight fall below the minimum 155 feet. To get a clear view of approaching vehicles, drivers exiting Millie Avenue and Rose Avenue must cross beyond the stop bars and several feet onto University Drive before proceeding, as shown in the exhibits for Attachments A and B.
To achieve at least 155 feet stopping sight distance in each direction, a total of 43 feet of red curb is needed on each corner of University Drive:
• Millie Avenue: there is 7 feet of red curb on each side of University Drive. To reach 43 feet on each corner, approximately four parking spaces need to be removed (two each side.) • Rose Avenue: there is 14 feet of red curb to the south and 25 feet to the north on University Drive. To provide 43 feet on each corner, approximately two parking spaces need to be removed (one each side.) Complete Streets Commission
On January 12, the Commission discussed and unanimously voted to approve these projects. One member of the public asked for clarification about the process for establishing no parking zones, but did not comment on this specific parking removal.
Appeal
On January 21, the City received an appeal (Attachment C) to the Commission’s approvals from a property/business owner on the 1300 block of University Drive. The appellant identified several reasons for the appeal, which are summarized below:
• On-street parking spaces are sometimes used by staff of nearby businesses to free up on-site spaces for tenants and visitors;
• On-street parking spaces are generally fully occupied from Monday to Friday; • Millie Avenue and Rose Avenue are short segments (i.e., 525 feet) predominantly used by residents, and are unlikely to have a steady stream of traffic;
• Awareness required at these intersections is no different from any other intersections, especially in the downtown area;
• Red curbs are already in place and visibility can be achieved by pulling out slowly; and • Excessive speed on University Drive may be more responsible for dangerous driving conditions.
Appeal evaluation
Staff reviewed each of the reasons for appeal and developed the following responses:
• Staff agrees that Millie Avenue and Rose Avenue primarily serve local residents and that the areas in question are generally used for parking.
• Staff already accounts for drivers slowly pulling their vehicles forward as part of the measurement of sight distance.
• Staff agrees that traffic speeds could be a concern on University Drive, but lack specific data to confirm Page H-3.2
Staff Report #: 22-040-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org this. However, if speeding were an issue, it would exacerbate the sight line issue, requiring further parking removal to achieve the appropriate sight distance. • The City’s transportation demand management coordinator is available to provide the appellant and other local businesses with information on transportation options for employees and visitors to help reduce the need for parking. The City also operates public parking lots, including two within a block of the affected business that could be used by visitors.
Recommendations and next step
Staff recommends that the City Council deny the appeal and adopt the two resolutions to restrict parking on University Avenue at Millie and Rose Avenues.
If approved, staff will coordinate with the City’s signing and striping on-call contractor to implement these modifications.
Impact on City Resources
The is no fee for filing this appeal. If the appeal is denied, the proposed modifications will be implemented through the City’s annual signage and striping program.
Environmental Review
The proposed modifications are categorically exempt under the California Environmental Quality Act Article 19, § 15301 Existing Facilities - Class 1. Class 1 allows for minor alterations of existing facilities, including highways and streets, sidewalks, gutters, bicycle and pedestrian access, and similar facilities, as long as there is negligible or no expansion of use.
Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Additional public outreach was achieved by sending notification postcards to the residents/property owners within 500 feet of the two project areas. In addition, posters with the proposed modifications and meeting information were placed on A-frames at the site.
Attachments
A. Resolution authorizing the installation of no parking zones on University Drive at Millie Avenue B. Resolution authorizing the installation of no parking zones on University Drive at Rose Avenue C. Appeal letter
Report prepared by:
Phu Nguyen, Engineering Technician II
Kevin Chen, Senior Transportation Engineer
Report reviewed by:
Hugh Louch, Assistant Public Works Director – Transportation Page H-3.3
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
AUTHORIZING THE INSTALLATION OF NO PARKING ZONES ON
UNIVERSITY DRIVE AT THE INTERSECTION OF MILLIE AVENUE
WHEREAS, the City of Menlo Park received a resident request to evaluate the adequacy of sight distance at the intersection of University Drive and Millie Avenue; and, WHEREAS, a field investigation revealed limited sight distance due to vehicles parked adjacent to the intersection on the west side of University Drive; and, WHEREAS, to achieve 155 feet stopping sight distance, extending the existing red curb zones on the west side of University Drive at Millie Avenue by removing two parking spaces on each side is required (i.e., for a total of 43 feet of red curb on each side); and, WHEREAS, on January 12, 2022, the Complete Streets Commission authorized the removal of parking spaces pursuant to the authority conferred to the City by California Vehicle Code section 22507 and section 11.24.026 of the Menlo Park Municipal Code (hereinafter the “CSC Action”); and,
WHEREAS, on January 21, 2022, the City received an official appeal to the Commission’s decision per Section 11.24.028 of the Menlo Park Municipal Code (Appeal No. 20220121) and, WHEREAS, the City Council finds and declares that the removal of parking spaces as contemplated and approved by the CSC Action is necessary to address safety issues created by a lack of sight distance at University Drive and Millie Avenue; and, WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.
NOW, BE IT FURTHER RESOLVED that the City Council hereby denies Appeal No. 20220121, affirms the CSC Action, and authorizes the installation of no parking zones on University Drive at the Intersection of Millie Avenue as depicted on Exhibit A. //
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ATTACHMENT A Page H-3.4
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 first day of March, 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 March, 2022.
____________________________
Judi A. Herren, City Clerk
Exhibits
A. University Drive at Millie Avenue Parking Removal
Resolution No. XXXX
Millie Ave. at University Dr. (view to the left)
Millie Ave. at University Dr. (view to the right)
18' 18' 18' 18'
Resolution No. XXXX
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
AUTHORIZING THE INSTALLATION OF NO PARKING ZONES ON
UNIVERSITY DRIVE AT THE INTERSECTION OF ROSE AVENUE
WHEREAS, the City of Menlo Park received a resident request to evaluate the adequacy of sight distance at the intersection of University Drive and Rose Avenue; and, WHEREAS, a field investigation revealed limited sight distance due to vehicles park adjacent to the intersection on the west side of University Drive; and, WHEREAS, to achieve 155 feet stopping sight distance, extending the existing red curb zones on the west side of University Drive at Rose Avenue by removing one parking spaces on each side is required (i.e., for a total of 43 feet of red curb on each side); and, WHEREAS, on January 12, 2022, the Complete Streets Commission authorized the removal of parking spaces pursuant to the authority conferred to the City by California Vehicle Code section 22507 and section 11.24.026 of the Menlo Park Municipal Code (hereinafter the “CSC Action”); and,
WHEREAS, on January 21, 2022, the City received an official appeal to the Commission’s decision per Section 11.24.028 of the Menlo Park Municipal Code (Appeal No. 20220121) and, WHEREAS, the City Council finds and declares that the removal of parking spaces as contemplated and approved by the CSC Action is necessary to address safety issues created by a lack of sight distance at University Drive and Rose Avenue; and, WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.
NOW, BE IT FURTHER RESOLVED that the City Council hereby denies Appeal No. 20220121, affirms the CSC Action, and authorizes the installation of no parking zones on University Drive at the Intersection of Millie Avenue as depicted on Exhibit A. //
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ATTACHMENT B Page H-3.7
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 first day of March, 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 March, 2022.
____________________________
Judi A. Herren, City Clerk
Exhibits
A. University Drive at Rose Avenue Parking Removal
Page H-3.8
Rose Ave. at University Dr. (view to the left)
Rose Ave. at University Dr. (view to the right)
27' 19'
Resolution No. XXXX
Page H-3.10 ATTACHMENT C
City Council Meeting: March 1, 2022
CONSIDER AN APPEAL OF UNIVERSITY DRIVE ON-STREET PARKING REMOVAL H3-PRESENTATION
Background
Project timeline Evaluations RecommendationsAGENDA
2 N
BACKGROUND (AT MILLIE AVE)
3 At Millie Avenue
Millie Ave. at University Dr. (view to the left) Millie Ave. at University Dr. (view to the right)
BACKGROUND (AT ROSE AVE)
4 At Millie Avenue
Rose Ave. at University Dr. (view to the left) Rose Ave. at University Dr. (view to the right) • Minimum stopping sight distance for 25 mph: 155 feet
• Requires ~43 feet of red curb on each sideBACKGROUND
5 Jan. 12: Complete Streets Commission approved projects Jan. 21: The City received an appeal, for the following reasons:
• Use of on street parking by employees to free on-site spaces for tenants / visitors
• Generally fully occupied from Monday to Friday• Millie Avenue and Rose Avenue serves local residents only• Require same awareness as other locations• Visibility can be achieved by pulling out slowly• Excessive speed on University Drive
PROJECT TIMELINE
6 Millie Avenue and Rose Avenue serves local residents Stopping sight evaluations account for advancing sight lines beyond stop bar
Speeding on University Drive would exacerbate sight distance need
Transportation Demand Management Coordinator available to provide TDM program information
EVALUATIONS
7 Deny the appeal
Adopt resolution to remove four parking spaces at Millie Ave. Adopt resolution to remove two parking spaces at Rose Ave.RECOMMENDATIONS 8 THANK YOU
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: 3/1/2022
Staff Report Number: 22-041-CC
Informational Item: City Council agenda topics: March 8 – March 22, 2022
Recommendation
The purpose of this informational item is to provide the City Council and members of the public access to the anticipated agenda items that will be presented to the City Council. The mayor and city manager set the City Council agenda so there is no action required of the City Council as a result of this informational item.
Policy Issues
In accordance with the City Council procedures manual, the mayor and city manager set the agenda for City Council meetings.
Analysis
In an effort to provide greater access to the City Council’s future agenda items, staff has compiled a listing of anticipated agenda items, Attachment A, through March 22, 2022. The topics are arranged by department to help identify the work group most impacted by the agenda item.
Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m. Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.
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 agenda topics: March 8 – March 22, 2022 Report prepared by:
Judi A. Herren, City Clerk
AGENDA ITEM I-1 Page I-1.1
Through March 22, 2022
Tentative City Council Agenda
# Title Department Item type City Council action
1 Mid-year budget report and amendments ASD Regular Approve 2 City manager recruitment CAO Closed Session3 Adopt zoning ordinance text amendment for Signage (Springline) CDD Consent Adopt ordinance 4 Approve funding for 335 Pierce Rd (predevelopment CLT, loan authorization docs) CDD Regular Approve 5 Clarification on zoning changes from City Council CDD Regular Direction to staff6 Housing Element Annual Progress Report (APR) CDD Consent Approve 7 Housing Element contract and scope amendment CDD Regular Approve8 Willow Village Community Amenities Review CDD Study Session Direction to staff9 City Council procedures-CC-21-004 Commission Committee-voting procedure update CMO Consent Approve 10 Consider matching Peninsula Clean Energy’s electric vehicle charging incentive for existing multiunit properties in Menlo Park to support Climate Action Plan strategy goal no. 3 – increase access to electric vehicle charging CMO Regular Approve
11 Downtown Market Study CMO Presentation Info from staff 12 Receive and file City Council and advisory body annual attendance report for March 2021 – February 2022 CMO Informational Receive and file13 Authorize CM to amend Belle Haven School joint-use agreement - community access to school field LCS Consent Approve 14 Authorize CM to execute agreement with Perfect Mind - recreation registration software LCS Consent Contract award or amend 15 Adopt resolution initiating landscape assessment district proceedings for fiscal year 2022-23 PW Consent Adopt resolution16 Consider and adopt a resolution approving the Water Supply Assessment for the 164 Jefferson Dr. project PW Regular Adopt resolution 17 Waive the second reading and adopt an ordinance to update water conservation requirements PW Consent Adopt ordinance ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
PW-Public Works
ATTACHMENT A
Page I-1.2