Menlo Park City Council
April 26, 2022

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

REGULAR MEETING AGENDA
Date: 4/26/2022
Time: 6:00 p.m.

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

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

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

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

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

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

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
April 26, 2022

Regular Session (Zoom.us/join – ID# 831 3316 9409)
A. Call To Order
B. Roll Call
C. Agenda Review
D. Presentations and Proclamations
D1. Proclamation: Earth Day
E. Public Comment
Under “Public Comment,” the public may address the City Council on any subject not listed on the agenda. Each speaker may address the City Council once under public comment for a limit of three minutes. Please clearly state your name and address or political jurisdiction in which you live. The City Council cannot act on items not listed on the agenda and, therefore, the City Council cannot respond to non-agenda issues brought up under public comment other than to provide general information.

F. Advisory Body Vacancies and Appointments
F1. Consider applicants and make appointments to fill vacancies on the various City advisory bodies (Staff Report #22-075-CC)
G. Study Session
G1. Provide direction on pedestrian and bicycle pilot improvements to be included in the Ravenswood Avenue resurfacing project (Staff Report #22-076-CC) (Presentation) H. Consent Calendar
H1. Accept the City Council meeting minutes for April 6, 2022 (Attachment) H2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #22-077-CC)
H3. Adopt a resolution approving the 2021 amended water supply agreement with the City and County of San Francisco; and adopt a resolution approving a minimum purchase transfer from the City of Mountain View to the City of East Palo Alto (Staff Report #22-078-CC) H4. Adopt fiscal year 2022-23 budget principles and confirm direction on potential service level enhancements and the capital improvement program (Staff Report #22-079-CC) I. Regular Business
I1. Assembly Bill 481 Compliance – police department acquisition and use – military equipment ordinance introduction and Use Policy (Staff Report #22-074-CC) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
April 26, 2022

I2. Adopt a resolution affirming the Independent Redistricting Commission’s Redistricting Plan and the new City Council district boundaries set forth in Map 131.1 as adopted by the Independent Redistricting Commission (Staff Report #22-080-CC)
J. Informational Items
J1. City Council agenda topics: May 2022 (Staff Report #22-081-CC) J2. Short term rental compliance update (Staff Report #22-082-CC) K. City Manager's Report
L. City Councilmember Reports
L1. Direction on drafting a policy to sunset unused capacity from tax measures (Staff Report #22-083-CC)
M. Closed Session
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (two potential cases)
N. Adjournment
At every regular meeting of the City Council, in addition to the public comment period where the public shall have the right to address the City Council on any matters of public interest not listed on the agenda, members of the public have the right to directly address the Council on any item listed on the agenda at a time designated by the chair, either before or during the City Council’s consideration of the item.

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

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

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

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

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

Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 4/21/2022) 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: 4/26/2022
Staff Report Number: 22-074-CC
Advisory Body Vacancies Consider applicants and make appointments to fill vacancies on various advisory bodies
Recommendation
Staff recommends the City Council consider applicants for appointment to vacant or expired term seats on the following advisory bodies:
• Complete Streets Commission (CSC)
• Environmental Quality Commission (EQC)
• Finance and Audit Committee (FAC)
• Housing Commission (HC)
• Library Commission (LC)
• Parks and Recreation Commission (PRC)
• Planning Commission (PC)
Policy Issues
City Council Policy CC-22-004 (Attachment A) establishes the policies, procedures, roles and responsibilities for the City’s appointed advisory bodies, including the manner in which members are selected.

Background
Annually, staff conducts a recruitment to fill advisory body vacancies that exist due to expiring terms, members terming out or unexpected vacancies (e.g., resignations.) The recruitment period typically involves a 1-2 month period of advertisements and announcements. Incumbent members who were not terming out were informed of their ability to apply for reappointment. Incumbent members who were terming out were informed of their ability to apply for a different advisory body.

Following City Council’s appointment, the city clerk’s office provides onboarding and orientation for the new members. This includes the oath of office, commissioner handbook, introduction of advisory body liaison staff, Form 700 Statement of Economic Interests filing (if applicable) and Brown Act training. For appointments made annually in April, the city clerk’s office coordinates with the city attorney’s office to provide this training jointly in May of each year. Training includes ethics, Brown Act and Public Record Act Request.

The city clerk’s office regularly reviews all agendas and minutes, tracks attendance (Attachment B) and serves as the principal staff contact for all advisory body members. The City has designated staff to act as a subject matter expert and serves as a liaison between the advisory body and the City Council AGENDA ITEM F-1 Page F-1.1
Staff Report #: 22-075-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Pursuant to City Council Policy CC-22-0004, members must be residents of the City of Menlo Park and serve for designated terms of four years, or through the completion of an unexpired term or as otherwise designated. Residency for all applicants has been verified by the city clerk’s office. In addition, the City Council’s policy states the selection/appointment process by the City Council shall be conducted open to the public. Nominations will be made and a vote will be called for each nomination in the order received.

Applicants receiving the highest number of affirmative votes from a majority of the City Council present shall be appointed. The number of votes for each City Councilmember is limited to the number of vacancies.

Appointments will be for 4-year terms expiring April 30, 2026, except for:
• Two FAC appointment (designed to be 2-year terms) expiring April 30, 2024. • Two EQC appoints to fill unexpired term ending April 30, 2023 and April 30, 2024. • One HC appointment to fill unexpired terms ending April 30, 2025.

Note, all applications will be provided to the City Council under separate cover and are also available for public viewing at the city clerk’s office during regular business hours or by request (Attachment C.) The City Council also has the opportunity to ask applicants if they would consider appointments to an alternate commission. Attachment D lists all applicants including their residency District and Attachment E lists currently seated members and their residency District. These appointments can be made by the City Council at this meeting.

The City received the following applicants, presented by advisory body and listed in alphabetical order by last name.

Complete Streets Commission – four vacancies:
• Sally Cole
• Michael DeMoss (also applied for EQC, FAC, HC, LC, PRC and PC) • Christopher Kollmann (also applied for EQC)
Environmental Quality Commission – four vacancies:
• Michael DeMoss (also applied for CSC, FAC, HC, LC, PRC and PC) • John Emery
• Tom Kabat
• Christopher Kollmann (also applied for CSC)
• Nancy Larocca Hedley
• Jeffrey Lin (also applied for PRC)
• John McKenna
• Michael Meyer (also applied for PC)
• Nabil Saad
• Jeff Schmidt
Finance and Audit Committee – two vacancies:
• Michael DeMoss (also applied for CSC, EQC, HC, LC, PRC and PC) Page F-1.2
Staff Report #: 22-075-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Housing Commission – two vacancies:
• Michal Bortnik
• Jackelyn Campos
• Michael DeMoss (also applied for CSC, EQC, FAC, LC, PRC and PC) • Karen Grove
• Brian Kissel (also applied for PRC)
• Adriana Walker
Library Commission – two vacancies:
• Alan Cohen
• Michael DeMoss (also applied for CSC, EQC, FAC, HC, PRC and PC) • Sarah Zasslow (also applied for PRC)
Parks and Recreation Commission – one vacancy:
• Michael DeMoss (also applied for CSC, EQC, FAC, HC, LC and PC) • Brian Kissel (also applied for HC)
• Jeffrey Lin (also applied for EQC)
• Roger Royse
• Kelsey Theriault
• Sarah Zasslow (also applied for LC)
Planning Commission – two vacancies:
• Dan Do Linh
• Michael DeMoss (also applied for CSC, EQC, FAC, HC, LC and PRC) • Camille Kennedy
• Michael Meyer (also applied for EQC)
• David Thomas
Impact on City Resources
Staff support for advisory bodies and funds for recruitment advertising are provided in the annual budget.

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 Policy CC-22-004
B. Hyperlink – March 22 City Council attendance Staff Report #22-054-CC (page 436):
beta.menlopark.org/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20220322-city-council-agenda-packet.pdf C. Applications
D. Applications by District
E. Current advisory body members by District
Page F-1.3
Staff Report #: 22-075-CC

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

Judi A. Herren, City Clerk
Page F-1.4

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-22-004
Adopted March 8, 2022
Resolution No. 6718
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has eight active Commissions and Committees. The active advisory bodies are:

Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

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

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

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

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
 Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that his or her statements do not represent the position of the City Council.  Commission/Committee members will have mandatory training every two years regarding the Brown Act and ATTACHMENT A Page F-1.5
2 parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body.

The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

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

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

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.  Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Commission/Committee Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page F-1.6
3 provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

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

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that he or she is speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate. Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

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

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, city manager, city attorney, city clerk and other appropriate staff, as requested.  Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

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

Page F-1.7
4 3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.  The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.
 All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

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

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

Each commission/committee may establish other operational policies subject to the approval of the City Council.

Any changes to the established policies and procedures shall be subject to the approval of the City Council.

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

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

Page F-1.8
5 G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or his/her designee.  Appointments made during the middle of the term are for the unexpired portion of that term.

Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the city clerk’s office and on the City’s website.  The city clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline.

Applications sent by email are accepted; however, the form submitted must be signed.  After the deadline of receipt of applications, the city clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the city clerk will extend the application period for an indefinite period of time until sufficient applications are received.  Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the city clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted at a City Council meeting. The city clerk will ask each City Councilmember for their nominations; the number of nominations is limited to the number of vacancies. The candidate that receives a majority of nominations will be appointed. If there is a tie, multiple rounds of voting will occur.
 Following a City Council appointment, the city clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.
 An orientation will be scheduled by the city clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

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

Page F-1.9
6 Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-91-002).

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

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee with the exception of:
 Complete Streets Commission – nine (9) members
 Finance and Audit Committee – seven (7) members
Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the city clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).  Resignations must be submitted in writing to the city clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.
 Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.  If a member resigns before the end of his/her term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are listed on the City Council agenda and posted by the city clerk in the City Council Chambers bulletin board and on the city website.
 Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be Page F-1.10
7 posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).
 On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the city clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

Roles and Responsibilities
Complete Streets Commission
The Complete Streets Commission is charged primarily with advising the City Council on multi-modal transportation issues according to the goals and policies of the City’s general plan. This includes strategies to encourage safe travel, improve accessibility, and maintaining a functional and efficient transportation network for all modes and persons traveling within and around the City. The Complete Streets Commission's responsibilities would include:
 Coordination of multi-modal (motor vehicle, bicycle, transit and pedestrian) transportation facilities  Advising City Council on ways to encourage vehicle, multi-modal, pedestrian and bicycle safety and accessibility for the City supporting the goals of the General Plan  Coordination on providing a citywide safe routes to school plan  Coordination with regional transportation systems
 Establishing parking restrictions and requirements according to Municipal Code sections 11.24.026 through

11.24.028
Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
The Finance and Audit Committee is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City  Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Members serve with staff on a loan review committee for housing rehabilitation programs and a first time homebuyer loan program
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan Page F-1.11
8  The five most senior members of the Housing Commission also serve as the members of the Relocation Appeals Board (City Resolution 4290, adopted June 25, 1991).

Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
 The scope and degree of library activities
 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
Parks and Recreation Commission
The Parks and Recreation Commission is charged primarily with advising the City Council on matters related to City programs and facilities dedicated to recreation. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.  The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.  The Commission works on special projects as assigned by the City Council.

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

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

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
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9 Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
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ATTACHMENT C Page F-1.14
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C ty Menlo Park
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 1
Current C ty Counc l d str ct District 3
How d d you hear about th s opportun ty (check all that apply) Nextdoor If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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C ty Menlo Park
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 1
Current C ty Counc l d str ct District 3
How d d you hear about th s opportun ty (check all that apply) Nextdoor If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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and Environmental Quality Commission
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Number of years as a Menlo Park res dent 18yrs
Current C ty Counc l d str ct District 4
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

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I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

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Number of years as a Menlo Park res dent 8
Current C ty Counc l d str ct District 1
How d d you hear about th s opportun ty (check all that apply) Other: Charlotte Bramlett If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
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X JAH
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
The Planning Commission’s responsibility to review development proposals for compliance with the General Plan and Zoning Ordinance comprises both decision-making roles, in situations involving architectural control, use permit, or variance for example, as well as an advisory role, in its capacity to make recommendations to the City Council for projects involving major subdivisions, rezoning, conditional development permits, Zoning Ordinance amendments, General Plan amendments, and environmental reviews and Below Market Rate Housing Agreements. The Commission receives and synthesizes complex information, weighs it against the principles and requirements laid out in the General Plan and Zoning Ordinance, and comes to a decision or recommendation, depending on what the project involves. It seems like a challenging, and invaluable, task to balance the complex intricacies of each situation with principles to create what we collectively envision for our community.

As an architect, I worked as part of various design teams to create design concepts for buildings. We integrated sustainable principles into the design concept from the beginning - examples include reusing old buildings instead of building new, orienting new buildings to optimize energy efficiency, planning interior spaces for maximum flexibility and longevity, and integrating the building exterior into the surrounding urban fabric. As designers, we advocated for the principles that would drive the design concept and saw them through the design development of the building.

Outside of the office, I organized two community initiatives. At the heart of both projects were community outreach. For the 2014 Minnesota State Fair, I worked with a small team to create an exhibit that highlighted the Twin Cities local food system. We connected members of the local food system with emerging graphic designers to create boards that told the story of those small farms, restaurants, and co-op groceries who comprise the local food system. We raised funds and acquired materials donations, and we built the physical structure that displayed the story boards. During the two week run of the Fair, the story boards served as conversation catalyst between fairgoers, exhibit volunteers, and members of the local food community.

In the fall of 2016, I organized a one week design session for the students at the East Bay Innovation Academy in Oakland. The design session was one of several options students could choose for their Intersession, a week-long break from the normal school schedule to engage in a special project. The week started with a design “charrette,” a brainstorming of design concepts, which was followed by selecting a design concept to develop. In the middle of the week, I invited two peers in the architecture industry to provide feedback on the students’ designs, and the week ended with a visit to a local architecture office.

As mentioned previously, I am currently part of the Steering Committee that is planning and organizing the upcoming We Love Earth festival.

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Current C ty Counc l d str ct District 3
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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Camille Gonzalez Kennedy
C: | E: | L:

Entrepreneurial senior leader, strategist, and relationship‐builder with experience designing, scaling, and executing comprehensive fundraising initiatives for the social impact sector, including cultivating and closing 7‐figure gifts. Proven track record leading complex strategic and programmatic initiatives that leverage organizational growth opportunities to launch comprehensive donor relations and fundraising programs. Big‐picture and collaborative thought leader with experience advising senior leaders on the intersection of marketing, branding, and philanthropy.

EXPERIENCE
LifeMoves
Vice President of Philanthropy                                                                 January 2022‐ Present As a member of the Senior Leadership Team works within a strategic, laser‐focused environment to shaping strategies that advance capital and operating campaigns and develop synergies between LifeMoves strategy and the interests of donors, partners, and public stakeholders. ● Identify and cultivate new relationships with high‐net‐worth individuals, corporations, and private foundations, as well as steward current principal/capital donors and partners. ● Work most closely with the CEO, Chief Development Officer, Vice President Strategic Initiatives, additional VP Philanthropy, and with campaign chairs and board members. ● Formulates strategies to promote effective donor and prospect engagement. ● Develops productive, transparent, and collaborative relationships with colleagues, volunteers, board members, and other stakeholders
● Creates pipelines of new funding opportunities.
● Facilitates discussions with LifeMoves leadership to match donor interests; leverage program expertise for donor cultivation;
● Energizes internal and external networks to ensure LifeMoves is in front of decision makers.
● Develops cultivation, stewardship, and solicitation strategies for current LifeMoves funders with potential capacity for supporting increased on‐going operating expenses and new capital initiatives.
● Evaluates gift opportunities and philanthropic vehicles and recommend customized giving options for donors.
● Provides support to Board members, CEO, Principal Gifts Task Force, and other gift officers to ensure they have the tools, support, messaging, and confidence to interact with potential donors.
● Ensures timely and appropriate written communications and donor recognition. ● Coordinates and communicates with other departments for events, public relations opportunities, etc.
● Advocates for additional resources required to meet funding goals.

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MS. Foundation for Women, Brooklyn, New York
Senior Director Advancement Strategy                                                   May 2020 ‐ Present Identifies emergent opportunities to position and build the influence of the Ms. Foundation and provides management and supervisory leadership to ensure strategic alignment of departmental and organizational planning.  Represents the foundation to diverse stakeholder audiences, building critical relationship networks, while ensuring internal alignment across departmental and organization‐wide work plans. Monitors key trends in the philanthropic, political, and cultural landscape and prepares the Advancement team to be proactive in response to these trends. Leads national and regional campaigns to provide diverse funder audiences with opportunities to make gifts of transformational financial support to the Ms. Foundation for Women.

● Launched the Foundation’s first comprehensive campaign ($30 Million) focused on transformational gifts to increase individual and foundation giving in service of new strategic initiatives, leading to transformational gifts from Mackenzie Scott ($10M) and Jack Dorsey ($3M).
● Led a comprehensive audit of the foundation’s existing fundraising strategies and donor growth process. This resulted in a complete rebuild of the annual fund, planned giving and major gifts programs.
● Strengthened development operations with a focus on fundraising and stewardship policies and communications.  This included a comprehensive review of existing policies and the implementation of new donor giving tiers and policies to grow annual and principal giving.
● Co‐led the strategic rebuild of the communications and fundraising teams including supervising external consultant teams.
● Built cross‐functional teams across advancement, programs, grantmaking and capacity building and finance and operations to increase efficiency and efficacy as well as developed protocols to measure the foundation’s impact. This resulted in the creation of key impacts and storytelling tools for staff, investors and donors. ● Spearheaded the foundation’s re‐branding campaign focused on expanding and diversifying its national reach in the service of expanding the donor pipeline through brand awareness
Avenidas, Palo Alto, California
Vice President, Strategic Partnerships and Growth                         September 2018‐ May 2020 Serve as advisor and thought partner to the CEO, focused on designing new programs and funding strategies. Developed growth strategies that transformed and expanded Avenidas’ social impact, bringing Avenidas services to communities of greatest need adjacent to Palo Alto. Leveraged Avenidas’ community reputation to reinvigorate and redesign philanthropic messaging, resulting in increased individual and foundation giving in service of new strategic initiatives. ● Spearheaded strategic plan and re‐branding focused on expanding and diversifying services and programs parallel with $22M building campaign. In collaboration with CEO and Capital Campaign Committee secured $5.25M in funding to closeout 4‐year campaign. ● Designed and executed new programmatic strategic initiatives. Identified and secured Page F-1.78
privately sourced public funding, in the form of public benefits dollars, to expand programs to reach low income and LGBTQ seniors in southern San Mateo County and northern Santa Clara County. Leveraged new funding streams for expanded mission‐driven programs to create new philanthropic opportunities, enabling new partnerships with donors and corporations.
● Steward portfolio of major donors. Developed and oversaw fundraising strategies to engage individual donors giving over $10,000+. Managed special portfolio of major donors ($25,000++). Collaborated with front‐line development team to hone donor management process, expand donor pipeline, and upgrade mid‐level donors, resulting in $1M in new funding for strategic initiatives.

Major Gifts Officer                                                                         September 2017 – September 2018 ● Raised $750K+ in year 3 of 4‐year, $22M building campaign. ● Initiated and executed the organization’s first comprehensive fundraising strategy for major donors and institutional funding sources, including setting new major gifts goals; cultivated and managed portfolio of major gift prospects ($10K ++). ● Coordinated Legacy Society, Avenidas’ planned giving program. ● Expanded donor pipeline by initiating and implementing systematic donor management system.

Random Acts of Flowers, Menlo Park, California
Executive Director                 May 2015 – September 2017 Leadership executive for local branch of a national non‐profit, responsible for all on‐site business management and overseeing a staff of 3 and a volunteer base of 300.  Recruited vice chair of the Board to design fundraising strategy for Silicon Valley, professionalize staff, and design and execute a strategic plan.
● Designed and executed comprehensive fundraising strategy including annual fund, major gifts, grants. and corporate partnerships
● Led major gifts campaign; built donor base from 50 to 1,000 donors, tripling revenue in 16 months.
● Conceptualized and produced all corporate fundraising events for the organization including RAF GROW event (annual major fundraising luncheon for 350 people) and ‘Cocktails in the Garden” (focused major‐ donor cocktail party for 125).
● Managed and maintained media relationships including all social media platforms.

MHA|RMT, San Mateo, California
Senior Environmental Planner                                                         September 2007 – March 2009 ● Led community outreach and public relations efforts for large‐scale infrastructure projects in California and Nevada.
● Managed Environmental Impact Statements; lead a team of 15 subject‐matter experts to create a comprehensive federal document.

URS Corporation New York, NY
Assistant Program & Project Manager                                                 August 2003 – December 2006 ● Lead Planner for assembling environmental impact statements following SEQR, CEQR and ULURP guidelines.

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● Led team of 6 subject‐matter experts and Port Authority of New York and New Jersey (PANYNJ) staff to create comprehensive plan for redeveloping bridge systems in the PANYNJ
The Cornell Club, New York, NY
Director of Health and Fitness            January 1997 – July 2001 ● Managed operation of 300‐member private fitness center including the supervision of a staff of 13
● Prepared budgets; forecasted revenue and profits; developed marketing strategies ● Designed floor plan and supervised complete renovation and construction of 1,000 square‐foot fitness center
The Boston Living Center Boston, MA
Director of Congregate Meals Program        January 1993‐ April 1996 ● Designed and supervised construction of a 2000‐square‐foot, ADA‐compliant kitchen and dining facility.
● Developed and grew a meals program serving 150 people with HIV/AIDS daily, including preparing budget and implementing data collection protocol to comply with government requirements.
● Expanded program from dependence on local donations to annual budget of $750,000.

SELECTED COMMUNITY SERVICE
City of Menlo Park, Planning Commissioner        April 2018‐present Fund Her, Advisory Board Member 2017‐present
Wender Weis Foundation for Children, Board Member 2012‐present

EDUCATION
Harvard University, Graduate School of Design, Master in Urban Planning, 2003 Baruch College, BS with honors in Public Affairs, 2001
Oberlin College and Conservatory of Music, History and Trombone Performance, 1988 Page F-1.80
and Environmental Quality Commission
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Bus ness address
Number of years as a Menlo Park res dent 23
Current C ty Counc l d str ct District 4
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: Yes
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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How d d you hear about th s opportun ty (check all that apply) Local newspaper If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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Advisory body Applicant District Advisory body Applicant District Complete Streets Commission Sally Cole 4 Library Commission Alan Cohen 5 Complete Streets Commission Michael DeMoss 5 Library Commission Michael DeMoss 5 Complete Streets Commission Christopher Kollmann 3 Library Commission Sarah Zasslow 5 Advisory body Applicant District Advisory body Applicant District Environmental Quality Commission Michael DeMoss 5 Parks and Recreation Commission Michael DeMoss 5 Environmental Quality Commission John Emery 5 Parks and Recreation Commission Brian Kissel 5 Environmental Quality Commission Tom Kabat 2 Parks and Recreation Commission Jeffrey Lin 1 Environmental Quality Commission Christopher Kollmann 3 Parks and Recreation Commission Roger Royse 4 Environmental Quality Commission Nancy Larocca Hedley 4 Parks and Recreation Commission Kelsey Theriault 1 Environmental Quality Commission Jeffrey Lin 1 Parks and Recreation Commission Sarah Zasslow 5 Environmental Quality Commission John McKenna 4
Environmental Quality Commission Michael Meyer 2
Environmental Quality Commission Nabil Saad 4 Advisory body Applicant District Environmental Quality Commission Jeff Schmidt 3 Planning Commission Dan Do Linh 3 Planning Commission Michael DeMoss 5
Planning Commission Camille Kennedy 4
Advisory body Applicant District Planning Commission Michael Meyer 2 Finance and Audit Committee Michael DeMoss 5 Planning Commission David Thomas 4 Advisory body Applicant District
Housing Commission Michal Bortnik 4
Housing Commission Jackelyn Campos 1
Housing Commission Michael DeMoss 5
Housing Commission Karen Grove 5
Housing Commission Brian Kissel 5
Housing Commission Adriana Walker 1
Table 3: Finance and Audit Committee by District
Table 4: Housing Commission by District
Table 5: Library Commission by District
Table 6: Parks and Recreation Commission by District
Table 7: Planning Commission by District
Table 1: Complete Streets Commission by District
Table 2: Environmental Quality Commission by District
ATTACHMENT D Page F-1.101
Applicant Last appointment date District Applicant Last appointment date District Altman, Brian 5/25/2021 4 Cohen, Alan 4/24/2018 5
Behroozi, Katie 6/9/2020 2 Erhart, David 4/16/2019 1
Cebrian, Jacqueline 4/16/2019 1 Hadrovic, Katie 6/9/2020 2 Cole, Sally 5/25/2021 4 Lee, Aldora 5/25/2021 4
Cromie, John 4/16/2019 2 Leep, Kristen 4/16/2019 4
Jensen, Jk 5/25/2021 3 Singh, Pavneet 9/21/2021 4
King, Lizbeth 5/25/2021 5 Velagapudi, Vamsi 5/25/2021 4 Lee, Lydia 4/24/2018 3
Levin, Adina 4/24/2018 4
Applicant Last appointment date District
Baskin, Jennifer 6/9/2020 4
Applicant Last appointment date District Brosnan, Aurora 6/8/2021 4 Elkins, Leah 10/13/2020 2 Bryman, Marc 4/16/2019 3
Evans, Angela 5/25/2021 5 Diepenbrock, Peter 10/15/2019 4 Kabat, Tom 4/24/2018 2 Joshua, Peter 5/25/2021 2
London, Janelle 6/9/2020 5 Thomas, David 6/8/2021 4
Price, Ryann 4/24/2018 2
Applicant Last appointment date District
Applicant Last appointment date District Barnes, Andrew 6/9/2020 2 Taylor, Cecilia-City Council 12/14/2022 2 DeCardy, Chris 4/16/2019 2 Wolosin, Jen-City Council 12/14/2022 5 Doran, Michael 1/29/2019 4 Norrington, Matt 5/25/2021 3 Harris, Cynthia 5/25/2021 3 Royse, Roger 4/24/2018 4 Kennedy, Camille 4/24/2018 4
Soffer, Stuart 9/21/2021 3 Riggs, Henry 6/9/2020 2
Westcott, Brian 6/4/2019 5 Tate, Michele 4/16/2019 1
Wong, Carol 5/25/2021 4
Applicant Last appointment date District
Bigelow, Lauren 4/16/2019 5
Grove, Karen 7/18/2017 5
Leitch, Heather 5/25/2021 2
Merriman, Nevada 5/25/2021 2
Nguyen, Chelsea 5/25/2021 3
Pimentel, John 6/9/2020 3
Table 1: Complete Streets Commission by District
Table 2: Environmental Quality Commission by District
Table 3: Finance and Audit Committee by District
Table 4: Housing Commission by District
Table 5: Library Commission by District
Table 6: Parks and Recreation Commission by district
Table 7: Planning Commission by District
ATTACHMENT E Page F-1.102
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: 4/26/2022
Staff Report Number: 22-076-CC
Study Session: Provide direction on pedestrian and bicycle pilot improvements to be included in the Ravenswood
Avenue resurfacing project
Recommendation
Staff recommends the City Council provide direction on implementing a pilot of select pedestrian and bicycle improvements (Attachment A) as part of the upcoming Ravenswood Avenue resurfacing project, including:
• Widening the pedestrian refuge at the existing uncontrolled crossing at Alma Street • Adding Class II bike lane on westbound Ravenswood Avenue • Shifting the point at which westbound Ravenswood Avenue widens to two lanes by approximately 300 feet
Policy Issues
This project is consistent with policies stated in the 2016 General Plan Circulation Element (e.g., CIRC-1.2, CIRC-1.7, CIRC-2.7, etc.) 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. It is also consistent with the City Transportation Master Plan.

Background
Ravenswood Avenue, from El Camino Real to Middlefield Road, is one of the main east-west routes in the City, providing access to key destinations including the Menlo Park Caltrain Station, downtown Menlo Park, Burgess Park, Civic Center and Menlo-Atherton High School. It is a primary emergency response route that is signed for 25 miles per hour between El Camino Real and Laurel Street. This route also serves local businesses and many residential units.

Ravenswood Avenue, between Alma Street and Middlefield Road, was identified in the City’s five-year Capital Improvement Program (CIP) for resurfacing. As a result, staff also evaluated potential multi-modal improvements for the corridor.

On May 12, 2021, the Complete Streets Commission voted (with one dissenting vote) to support the following improvements on Ravenswood Avenue, between Alma Street to Noel Drive:
• Eastbound: install a Class II bike lane by shifting the existing vehicular merge point • Westbound: retain existing Class III bike route and two vehicular travel lanes These improvements would have closed the bike lane gap on eastbound Ravenswood Avenue between El Camino Real and Middlefield Road, while leaving the existing vehicle lanes unchanged. Attachment B includes the Commission staff report hyperlink.

AGENDA ITEM G-1 Page G-1.1
Staff Report #: 22-076-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Subsequent to the 2021 review by the Complete Streets Commission (CSC), several changes led to a revisiting of this project:
• A development application was received for the Parkline project at the SRI site at 333 Ravenswood Avenue
• Staff continued to receive feedback from residents about the safety of people crossing Ravenswood Avenue at Alma Street
• The ongoing COVID-19 pandemic saw continued reduction of vehicle volumes and increased uncertainty about the return of pre-pandemic travel patterns These changes led to a shift in the resurfacing project extents and created the opportunity to explore additional pedestrian and bicycle improvements in the corridor. These improvements could make the area more walking and biking friendly, reducing vehicle miles of traffic (VMT) and congestion as projects like Springline (1300 El Camino Real) and Middle Plaza (500 El Camino Real) come online.

Resurfacing project extents
The resurfacing project extents were shifted to be between El Camino Real and Laurel Street, instead of the Caltrain railroad tracks to Middlefield Road. The proposed Parkline project would involve substantial utility work and frontage improvements on Ravenswood Avenue between Laurel Street and Middlefield Road that would require additional resurfacing, if approved. Staff evaluated the condition of Ravenswood Avenue and determined that it could be maintained in acceptable condition while a decision is made about the proposed Parkline project. The shift of extents also creates an opportunity to explore closure of the westbound bike lane gap between the railroad tracks and El Camino Real.

Pedestrian and Bicycle Improvement Feasibility
Staff evaluated the feasibility of pedestrian and bicycle improvements on the corridor, considering feedback from community members, the Complete Streets Commission, traffic and safety data, and observations.

Pedestrian improvements include (see Attachment A):
• Installing bulb outs and a median on the north side of Alma Street near the Caltrain station. These improvements will help reduce the crossing distance and separation for pedestrians traveling along Ravenswood Avenue. This is feasible with no impact on travel along Alma Street. • Reducing the curb radii on the south side of Alma Street near the Library. These improvements will help reduce the speeds of vehicles accessing Alma Street from eastbound Ravenswood Avenue. • Piloting a wider pedestrian refuge across Ravenswood Avenue at Alma Street. This improvement would use temporary materials like paint and flexible posts to provide greater protection for people crossing Ravenswood Avenue by foot or bicycle. It would require shifting the point at which westbound Ravenswood Avenue widens to two lanes by approximately 300 feet (from Noel Drive to Alma Street.) • Evaluating potential lighting improvements. Staff have heard concerns from the community about the lighting of the crosswalks across Ravenswood Avenue and Alma Street. Staff are conducting an analysis of existing lighting to determine if improvements are needed.

Staff also evaluated the individual segments on Ravenswood Avenue between El Camino Real and Laurel Street, to determine the feasibility of implementing bicycle improvements (see Attachment A for a visual representation):

Page G-1.2
Staff Report #: 22-076-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: Ravenswood Avenue bike lane feasibility
Segment Eastbound (towards Laurel Street) Westbound (towards El Camino) El Camino Real to Merrill Street Existing Feasible by narrowing existing lanes
Merrill Street to Alma Street Existing Feasible by narrowing existing lanes
Alma Street to Noel Drive
Feasible within existing right of way,
consistent with CSC recommendation
from 2021
Requires shifting the point where
westbound Ravenswood becomes
two lanes by about 300 feet
Noel Drive to Laurel Street Existing Existing
Traffic analysis and trends
The May 12, 2021, Complete Streets Commission meeting included an analysis of existing and future congestion and queuing using 2019 vehicle counts and estimated 2040 volumes. Daily traffic counts collected in spring and fall 2021 show that vehicle volumes on Ravenswood Avenue are about 20 to 35 percent lower than peak volumes than those collected in 2019. Recognizing that many Bay Area public agencies and private businesses have adopted temporary or permanent hybrid work schedules (i.e., a combination of on-site and remote work days), it is conceivable that it will take some time before reaching future traffic volume projections. This provides an opportunity to consider a pilot of these improvements, while the city pursues other long-term projects like grade separation of the Caltrain corridor.

Pilot evaluation
Considering the feasibility of potential improvements, staff identified the following approach to assess the potential impacts of these improvements:

1. Install one travel lane and one bike lane using temporary materials (striping and flexible posts) that can be easily removed if necessary

2. Assess the pilot program using a set of metrics after six months or at least one full school semester and again after one year

3. Provide a recommendation to either make the pilot improvements permanent (using permanent materials) or to remove
Staff has also identified a set of metrics to evaluate the pilot project:

Table 2: Ravenswood Avenue pilot metrics
Metric Source Variables
Morning / evening peak hour vehicular queues Observations1 • Queue distance relative to Laurel Street
Pre- and post- pilot vehicular volumes (on
Ravenswood Avenue and Oak Grove Avenue) Observations1 • Change in vehicular volumes Pre- and post- pilot bicycle volumes Observations1
• Change in bicycle volumes
• Pedestrian crossing volumes
at Alma Street
Community feedback survey Online survey3 • Percent support • Perceived safety/comfort
Bicycle and pedestrian collisions Police Department • Number of collisions Note:

1. Data to be collected over two mid-week days (i.e., Tuesday / Wednesday / Thursday.)

2. Survey will stay open during the pilot plus at least three additional weeks.

Page G-1.3
Staff Report #: 22-076-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff will review the results with the Commission and then City Council approximately one year after pilot initiation. Staff will also seek authorization to terminate the pilot immediately if significant safety or congestion challenges are detected.

Complete Streets Commission recommendations
On March 9, the Complete Streets Commission (CSC) received an update on the Ravenswood Avenue resurfacing project, including the adjusted project extents and pedestrian and bicycle enhancements.

The Commission unanimously voted to support the implementation of pedestrian and bicycle enhancements that could be implemented by reducing lane widths and piloting improvements that require shifting the point at which westbound Ravenswood widens to two lanes by approximately 300 feet.

Attachment C includes the Commission staff report hyperlink. CSC members provided feedback on the project approach, design elements, public outreach and the proposed metrics, all of which are reflected in this staff report. Public comments were also received in support of the proposed improvements.

Next steps
Staff requests that the City Council provide direction to staff on pursuing a pilot as part of the Ravenswood Avenue resurfacing project that includes widening the pedestrian refuge across Ravenswood Avenue at Alma Street and installing a westbound bicycle between Noel Drive and Alma Street by shifting the point at which westbound Ravenswood Avenue widens to two lanes by approximately 300 feet.

If staff are directed not to pursue the pilot, the resurfacing project would continue with the above noted pedestrian and bicycle enhancements, except those that were identified as part of the pilot. Paving is anticipated to occur in late summer 2022.

Impact on City Resources
City resources required to complete this evaluation and design is included in the City’s five year CIP.

Resources for data collection will be drawn from City’s existing on-call traffic data collection services.

Environmental Review
Direction on the pilot program is not subject to the California Environmental Quality Act because the Council is not taking any final, discretionary action regarding the pilot program. The pilot program will be implemented as a part of the Ravenswood Avenue resurfacing project and CEQA review will be undertaken as a part of that project. The Ravenswood Avenue resurfacing project is 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 before the meeting. Staff also posted the meeting information on the City’s social media platforms and conducted individual outreach to immediately impacted stakeholders such as businesses on the 1000 block of Alma Street, SRI, and several schools serving Menlo Park students.

Attachments
A. Ravenswood Avenue Pedestrian and bicycle improvement pilot project Page G-1.4
Staff Report #: 22-076-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org B. Hyperlink – May 12, 2021, Complete Streets Commission staff report:
menlopark.org/DocumentCenter/View/28053/SR---Ravenswood-Bike-Lane C. Hyperlink – March 9, 2022, Complete Streets Commission staff report:
menlopark.org/files/sharedassets/public/agendas-and-minutes/complete-streets-commission/2022- meetings/agendas/20220309-complete-streets-commission-agenda-packet.pdf Report prepared by:

Kevin Chen, Senior Transportation Engineer
Report reviewed by:

Hugh Louch, Assistant Public Works Director – Transportation Page G-1.5
Bulb outs
and median A
Repaving extent - El Camino Real to Laurel Street
Attachment A – Ravenswood Repaving Project: Pedestrian Refuge and Bike Lane Pilot Bike Lanes
Existing
Added w/repaving
Pilot
A - Cross Section At Pedestrian Crossing of Ravenswood
Existing Enhanced Pedestrian Refuge
Pilot
Elements
Enhanced Pedestrian
Refuge (pilot)
Page G-1.6 ATTACHMENT A

PROVIDE DIRECTION ON RAVENSWOOD AVENUE
PEDESTRIAN AND BICYCLE PILOTApril 26, 2022
1 G1-PRESENTATION
 Background
 Project re-evaluation Recommendations Next steps
AGENDA
2 BACKGROUND
3  Capital Improvement Program – street resurfacing
– Ravenswood Ave. between Alma St. and Middlefield Rd.
 May 12, 2021, Complete Streets Commission meeting
(Ravenswood Ave. between Alma St. and Noel Dr.)
– Eastbound: one permanent bike lane and two vehicular travel lanes– Westbound: bike route and two vehicular travel lanes

BACKGROUND
4  Factors/influences
– Parkline project at SRI (333 Ravenswood Ave)– Pedestrian safety at Alma St crossing– Uncertainty about travel patterns (daily volumes: spring/fall 2021 ≈ 80% of 2019)  Street resurfacing scope revision
– Remove Laurel St to Middlefield Rd– Add El Camino Real to Alma St  Pedestrian and bicycle improvements feasibility

PROJECT RE-EVALUATION
5  North side: median and bulb outs (permanent)
 South side: curb radii (permanent) Lighting improvements (under review) Alma St. crossing: pedestrian refuge widening (pilot)

POTENTIAL PEDESTRIAN IMPROVEMENTS(RAVENSWOOD AVENUE/ALMA STREET) 6 BICYCLE LANE FEASIBILITY
7 Segment Eastbound WestboundEl Camino Real to Merrill St Existing Feasible within existing right of way Merrill St to Alma St. Existing Feasible within existing right of way Alma St to Noel Dr
Feasible within existing right of way, consistent with CSC direction from 2021 Pilot requires shifting the westbound automobile travel lane by 300 feet Noel Dr to Laurel St Existing Existing

POTENTIAL IMPROVEMENTS
8  Pedestrian and bicycle improvements (shift travel lane expansion point by 300’)
– Widen pedestrian refuge across Alma St. crosswalk– Install westbound bike lane between Noel Dr. and Alma St REQUESTED DIRECTION – PILOT
9 REQUESTED DIRECTION – PILOT

EVALUATION METRICS
10 Metric Source VariablesMorning / evening peak hour vehicular queues Observations Queue distance relative to
Laurel Street
Pre- and post- pilot vehicular volumes (on Ravenswood Ave and Oak Grove Ave) Observations Change in vehicular volumes
Pre- and post- pilot bicycle volumes
Observations Change in bicycle volumes
Pedestrian crossings at Alma St
Community feedback survey Online survey Percent support Perceived safety/comfort
Bicycle and pedestrian collisions
PoliceDepartment
Number of collisions
 Return after pilot with recommendation on making permanent  March 9, Complete Streets Commission
– Pilot recommendations– Public engagement/survey
 Community member

FEEDBACK
11  Provide direction on pilot (shift lane expansion point by 300’) – Widen pedestrian refuge across Alma St. crosswalk– Install westbound bike lane between Noel Dr. and Alma St– Use temporary materials: striping and flexible posts  Authorize staff to terminate pilot if significant safety or congestion challenges are detected
 Schedule for resurfacing project
– Complete design – May 2022– Project bidding and award – June 2022– Complete Construction – Late summer/Fall 2022

NEXT STEPS
12 THANK YOU
13 City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
SPECIAL MEETING MINUTES – DRAFT
Date: 4/6/2022
Time: 5:00 p.m.

Location: Zoom
Closed Session
A. Call To Order
Mayor Nash called the meeting to order at 5:00 p.m.

B. Roll Call

Present: Combs, Mueller, Nash, Taylor, Wolosin

Absent: None
Staff: City Clerk Judi A. Herren
C. Closed Session
C1. Closed Session Pursuant to Government Code section 54956.9(e)(1): CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
One potential case with claims not yet known to the Plaintiff No reportable actions.

D. Adjournment
Mayor Nash adjourned the meeting at 6:01 p.m.

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

STAFF REPORT
City Council
Meeting Date: 4/26/2022
Staff Report Number: 22-077-CC
Consent Calendar: Adopt a resolution to continue conducting the City’s Council and advisory body meetings
remotely due to health and safety concerns for the
public and to authorize the use of hybrid meetings
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings.

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

Background
The California Legislature approved AB 361, which was signed by the governor September 16, 2021 for signature. The bill allows local legislative bodies to continue to meet remotely through January 1, 2024. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing • Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
• The City is still under a local state of emergency
• County Health orders recommends that all individuals in public spaces maintain social distancing and wear masks
Analysis
The City is still under a local state of emergency and the emergency findings required under AB 361 are still in effect. It is recommended that the use of facial coverings be exercised when not speaking inside the City Council Chambers. The resolution authorizes the use of hybrid meetings, whereby City Councilmembers and staff may choose to attend either remotely or in person.

AGENDA ITEM H-2 Page H-2.1
Staff Report #: 22-077-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Although the City has returned to in-person meetings, due to the prevalence of BA.2 strain of the SARSCoV-2 virus and the BA.2 overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors.

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

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

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

Attachments
A. Resolution
Report prepared by:

Judi A. Herren, City Clerk
Page H-2.2
RESOLUTION NO. XXXX

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

ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY

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

ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting solely in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID 19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 11, 2020 the City Council proclaimed the existence of a local state of emergency within the City, pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and
WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta and Omicron Variants are highly transmissible in indoor settings; and
WHEREAS, the BA.2 strain of the SARS-CoV-2 virus is overtaking other variants in San Mateo County; and
WHEREAS, San Mateo County, the State of California and the Country in general, are expecting a surge in infection rates due to the BA.2 strain. According to data from the County’s Health Administrator and County website, the County is averaging approximately seven new cases per 100,000 of COVID-19 per day; and
WHEREAS, although the City has returned to in-person meetings, due to the prevalence of BA.2 strain of the SARS-CoV-2 virus and the BA.2 overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors; and
WHEREAS, the State of California and the City of Menlo Park continue to follow safety Page H-2.3
Resolution No. XXXX

measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required; and based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

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

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

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

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

3. Authorize Legislative Bodies to conduct hybrid meetings. The Legislative Bodies are hereby further authorized to conduct meetings in a “hybrid” format, where both members of the Body may elect to be present in person, utilizing appropriate distancing and masking practices, or participate by teleconferencing technology. Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies and will otherwise occur in a manner that protects the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing
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Page H-2.4
Resolution No. XXXX

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-sixth day of April, 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 April, 2022.

Judi A. Herren, City Clerk
Page H-2.5
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: 4/26/2022
Staff Report Number: 22-078-CC
Consent Calendar: Adopt a resolution approving the 2021 amended water supply agreement with the City and County of
San Francisco; and adopt a resolution approving a
minimum purchase transfer from the City of
Mountain View to the City of East Palo Alto
Recommendation
Staff recommends the City Council:

1. Adopt a resolution (Attachment A) approving the "2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County", which will allow Wholesale Customers with Individual Supply Guarantees to permanently transfer a portion of their Minimum Purchase Quantity through an expedited procedure, known as the Minimum Purchase Amendment, and authorize the city manager to execute such agreement when final execution copies are prepared and distributed by the Bay Area Water Supply and Conservation Agency (BAWSCA.)

2. Adopt a resolution (Attachment B) approving a Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto.

Policy Issues
In 1952, the City of Menlo Park (City) formed Menlo Park Municipal Water (MPMW) as a self-supporting City enterprise. MPMW is responsible for the purchase and sale of water, and for controlling the construction, operation and maintenance of the water system (Municipal Code Section 2.48.010.) Since its creation, MPMW has purchased water from the San Francisco Public Utilities Commission (SFPUC) to serve properties in its service area. MPMW is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), a special district that represents the interest of 26 cities, water districts, and private utilities that are long term purchasers of wholesale water from SFPUC.

The requirements of MPMW’s purchases are outlined in the 2018 Amended and Restated Water Supply Agreement (WSA) with the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County. The WSA builds upon the 1984 "Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County." The WSA expires in 2034.

Background
Section 3.07 of the WSA provides that four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Minimum Purchase Customers”) may purchase water from sources other than SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from SFPUC, referred to as a “Minimum Purchase Quantity." If a AGENDA ITEM H-3 Page H-3.1
Staff Report #: 22-077-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Minimum Purchase Customer does not meet its Minimum Purchase Quantity in a particular fiscal year, it must pay SFPUC the difference between its metered water purchases during the fiscal year and its Minimum Purchase Quantity. The WSA does not currently allow a Minimum Purchase Customer to transfer a portion of its Minimum Purchase Quantity and the associated financial obligation to another Wholesale Customer.

In September 2017, BAWSCA and the Water Management Representatives (WMRs) of BAWSCA member agencies began reviewing the issue of Minimum Purchase Quantities, as described in Section 3.07.C of the WSA, and discussing the creation of a process to transfer Minimum Purchase Quantities. Throughout 2017 and 2018, the WMRs held multiple meetings where the agencies and the four Wholesale Customers with a Minimum Purchase Quantity shared their interests and concerns regarding changes to the Minimum Purchase Quantity requirements. One concern was allowing transfers of Minimum Purchase Quantities.

On February 12, 2019, this City Council, by Resolution No. 6484, approved the 2018 Amended and Restated WSA. At this time, the Wholesale Customers expressed a collective interest in working together to develop a process for an expedited and permanent transfer of Minimum Purchase Quantities.

Under Article 3 of the Amended and Restated WSA, SFPUC agreed to deliver up to 184 million gallons per day (MGD) of water to the Wholesale Customers; this is their “Supply Assurance”. Following this, the Wholesale Customers allocated shares of the Supply Assurance among themselves, referred to as Individual Supply Guarantee. Section 3.04 of the WSA enables Wholesale Customer with an Individual Supply Guarantee to transfer a portion of its Individual Supply Guarantee to one or more other Wholesale Customers, subject to several conditions. As a Wholesale Customer, MPMW has an Individual Supply Guarantee of 4.456 MGD. In 2021, MPMW’s water demand was 2.565 MGD, or 57 percent of its Individual Supply Guarantee.

WSA minimum purchase amendment
In 2019, the Wholesale Customers directed BAWSCA to draft a proposed amendment to the WSA to provide a procedure for expedited and permanent transfers of Minimum Purchase Quantities. This procedure would also safeguard the financial and water supply interests of Wholesale Customers not participating in such transfers.

Minimum purchase transfer from the City of Mountain View to the City of East Palo Alto In 2017, the City of Mountain View and the City of East Palo Alto were interested in transferring 1.0 MGD of Mountain View’s Minimum Purchase Quantity to East Palo Alto. Mountain View does not use all of its Individual Supply Guarantee, and East Palo Alto required additional supply. At that time, however, there was no procedure in the WSA to allow such a transfer. As a result, they elected to execute a water rights transfer agreement. East Palo agreed to pay Mountain View $5 million for the permanent transfer of all rights, title, and interest of 1.0 MGD of water.

Analysis
WSA minimum purchase amendment
The proposed resolution to adopt the Minimum Purchase Amendment, which revises Sections 2.03, 3.04, and 3.07 of the WSA (Attachment C), will allow Wholesale Customers with Individual Supply Guarantees to permanently transfer a portion of their Minimum Purchase Quantity through an expedited procedure. The proposed amendment offers the following benefits:

1. Procedural safeguards built into the process by which a Wholesale Customer transfers a portion of its Minimum Purchase Quantity and Individual Supply Guarantee ensure that such transfers will not result in new or different risks to the water supply and financial interests of Wholesale Customers not Page H-3.2
Staff Report #: 22-077-CC

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

2. A Minimum Purchase Customer may transfer a portion of its Minimum Purchase Quantity within its respective Individual Supply Guarantee to reduce its financial obligation to pay for imputed sales for Minimum Purchase water that it did not use.

3. Intra-system water transfers are one potential solution to long term water reliability needs among the Wholesale Customers. This expedited, permanent transfer procedure will allow intra-system water transfers of Minimum Purchase Quantity to occur without a contract amendment approved by the Wholesale Customers, thus removing administrative obstacles to such transfers.

4. Expedited permanent intra-system transfers of portions of Minimum Purchase Quantity and Individual Supply Guarantee will facilitate the development of new water supplies by the SFPUC that are necessary to support the Cities of San Jose and Santa Clara becoming permanent Wholesale Customers.

5. The Wholesale Customers may increase the 6 MGD cap on the total aggregate amount of Minimum Purchase Quantity that may be transferred by all of the Minimum Purchase Customers over the course of one or multiple transfers if demand for Minimum Purchase Quantity transfers exceeds 6 MGD in the future.

The City and County of San Francisco, acting by and through the SFPUC, approved the Minimum Purchase Amendment, also known as the 2021 Amended and Restated Water Supply Agreement (Attachment D), as negotiated by BAWSCA, on January 26, 2021. This is now pending approval by the Wholesale Customers.

BAWSCA has requested that each member agency’s governing board approve this amendment no later than May 2022. The amendment requires a super-majority approval of BAWSCA member agencies: twothirds by weight in SFPUC purchases and two-thirds by the number of BAWSCA members.

Attachment E provides a two-page summary of the WSA Minimum Purchase Amendment.

Minimum purchase transfer from the City of Mountain View to the City of East Palo Alto Because the 2017 Mountain View/East Palo Alto Individual Supply Guarantee transfer predates the Minimum Purchase Amendment, the Mountain View/East Palo Alto Minimum Purchase Transfer must be accomplished separately from the adoption of the Minimum Purchase Amendment.

The proposed resolution would provide advance approval for a conversion of the 2017 Mountain View/East Palo Alto transfer and it will not adversely affect Menlo Park or other non-participating BAWSCA member agencies. The conversion would accept the 2017 Mountain View/East Palo Alto transfer, plus transfer up to

1.0 MGD of Mountain View’s Minimum Purchase Quantity to East Palo Alto, in 0.25 MGD increments, if certain terms and conditions are satisfied. The Mountain View and East Palo Alto City Councils have already approved them, subject to all of the following:

1. Their City Councils' approval of an agreement for each incremental transfer

2. Approval of the Wholesale Customers and San Francisco

3. Mountain View and East Palo Alto authorize and execute a negotiated agreement BAWSCA has requested that each member agency’s governing board approve this amendment no later than May 2022. The transfer requires a super-majority approval of BAWSCA member agencies: two-thirds by weight in SFPUC purchases and two-thirds by the number of BAWSCA members.

Impact on City Resources
Approval of the 2021 Amended and Restated Water Supply Agreement and the Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto has no direct impact on City resources.

Costs related to water supply are part of the revenue requirement for the water enterprise fund and are Page H-3.3
Staff Report #: 22-077-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org generally recovered from retail water rates set by the City Council. There will be no impact to the general fund.

Environmental Review
The proposed amendment is not a “project” for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2).)
In the even the proposed amendment is considered a “project,” it would be subject to the categorical exemption for operation, repair, and maintenance of existing facilities (see 14 CCR Section 15301) and the proposed amendment does not implicate substantial changes that involve a new significant environmental effect (see 14 CCR Section 15162(a).)
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 approving the water supply agreement minimum purchase amendment B. Resolution approving a minimum purchase transfer from the City of Mountain View to the City of East Palo Alto
C. Redline showing changes to Sections 3.04, 3.07, and 2.03 of the Amended and Restated Water Supply Agreement
D. Proposed 2021 amended and restated water supply agreement with attachments – menlopark.org/proposedwatersupplyagreement
E. Summary of the proposed WSA minimum purchase amendment Report prepared by:

Pam Lowe, Senior Civil Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering Page H-3.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED WATER

SUPPLY AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN

FRANCISCO AND WHOLESALE CUSTOMERS IN ALAMEDA COUNTY, SAN

MATEO COUNTY, AND SANTA CLARA COUNTY
WHEREAS, water supply agencies in Alameda, San Mateo, and Santa Clara Counties have purchased water from the City and County of San Francisco (San Francisco) for many years; and WHEREAS, the San Francisco Public Utilities Commission (SFPUC or Commission) operates the Regional Water System, which delivers water to communities in Alameda, San Mateo, and Santa Clara Counties, as well as to customers within San Francisco (collectively, “the Parties”); and WHEREAS, the Parties entered into the “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County” in 1984 (1984 Settlement Agreement and Master Water Sales Contract); and
WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively referred to as the "Wholesale Customers" or "BAWSCA member agencies") established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Section 81300 et seq.; and
WHEREAS, upon expiration of the 1984 Settlement Agreement and Master Water Sales Contract, the Parties entered into the “Water Supply Agreement between San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County” (Water Supply Agreement or WSA) on July 1, 2009, authorized by SFPUC Resolution No. 09-0069, dated April 28, 2009; and
WHEREAS, in 2017, the Wholesale Customers directed BAWSCA to act as its authorized representative in discussions and negotiations with San Francisco to amend the Water Supply Agreement to address a number of substantive issues and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement (Amended and Restated Water Supply Agreement) in 2018, authorized by SFPUC Resolution No. 18-0212, dated December 11, 2018; and
WHEREAS, on February 12, 2019, this City Council, by Resolution No. 6484, approved the Amended and Restated Water Supply Agreement; and
WHEREAS, under Article 3 of the Amended and Restated Water Supply Agreement, the SFPUC agrees to deliver water to the Wholesale Customers up to the amount of 184 million gallons per day (MGD), referred to as the “Supply Assurance,” and the Wholesale Customers have allocated shares of the Supply Assurance among themselves, referred to as Individual Supply Guarantees (“ISG”); and
WHEREAS, Section 3.04 of the Amended and Restated Water Supply Agreement enables a Wholesale Customer that has an ISG to transfer a portion of its ISG to one or more other Wholesale Customers, subject to several conditions; and ATTACHMENT A Page H-3.5
WHEREAS, under Section 3.07 of the Amended and Restated Water Supply Agreement, four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Minimum Purchase Customers”) may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from the SFPUC, referred to as a “Minimum Purchase requirement”; and WHEREAS, if a Minimum Purchase Customer does not meet its Minimum Purchase requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in Attachment E of the Amended and Restated Water Supply Agreement; and WHEREAS, the Amended and Restated Water Supply Agreement does not currently allow a Minimum Purchase Customer to transfer a portion of its Minimum Purchase requirement and the associated financial obligation to another Wholesale Customer; and WHEREAS, in September 2017, BAWSCA and the Water Management Representatives (WMRs) of the BAWSCA member agencies began reviewing the issue of Minimum Purchase Quantities, as described in Section 3.07.C of the Water Supply Agreement, and discussing the creation of a process to transfer Minimum Purchase Quantities; and
WHEREAS, throughout 2017 and 2018, the WMRs held multiple meetings during which the agencies currently subject to Minimum Purchase Quantity requirements and the other Wholesale Customers shared their interests and concerns regarding changes to the Minimum Purchase Quantity requirements and allowing transfers of Minimum Purchase Quantities; and WHEREAS, at the time the Amended and Restated Water Supply Agreement was approved, the Parties expressed a collective interest in working together to develop a process for the expedited and permanent transfer of Minimum Purchase Quantities; and WHEREAS, in 2019, the Wholesale Customers directed BAWSCA to draft a proposed amendment to the Amended and Restated Water Supply Agreement to provide a procedure for expedited and permanent transfers of Minimum Purchase Quantities that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers; and WHEREAS, the Parties recognize that, both before and after the most recent statewide drought, after meeting drought-related conservation mandates, several BAWSCA member agencies were unable to meet their respective Minimum Purchase requirements described in Article 3.07 of the Amended and Restated Water Supply Agreement, which requires payment for water up to the required Minimum Purchase level even if such water is not delivered and used; and WHEREAS, several of the Wholesale Customers with Minimum Purchase requirements might be interested in transferring a portion of their Minimum Purchase Quantity within their respective ISGs to reduce the financial obligation to pay for imputed sales for Minimum Purchase water that is not used; and
WHEREAS, with its Alternative Water Supply Program, the SFPUC is in the early stages of planning for fourteen projects to support the Wholesale and Retail Customers' ability to respond to climate change and address future water supply challenges and vulnerabilities, such as regulatory changes, earthquakes, disasters, emergencies, and increases in population and employment; and
Page H-3.6
WHEREAS, the City of San Jose (San Jose) and the City of Santa Clara (Santa Clara) are temporary, interruptible Wholesale Customers of the SFPUC Regional Water System and both cities wish to become permanent Wholesale Customers; and WHEREAS, pursuant to Section 4.06 of the Amended and Restated Water Supply Agreement, by December 31, 2028, San Francisco must complete any necessary California Environmental Quality Act (CEQA) review and must decide whether or not to make San Jose and Santa Clara permanent Wholesale Customers of the Regional Water System with a combined Individual Supply Guarantee (ISG) of 9 million gallons per day (MGD) allocated equally between the two cities, as well as how much water in excess of 9 MGD it will supply to San Jose and Santa Clara; and
WHEREAS, Section 4.06 of the Amended and Restated Water Supply Agreement provides: "San Francisco will make San Jose and Santa Clara permanent customers only if, and to the extent that, San Francisco determines that Regional Water System long term water supplies are available;" and
WHEREAS, according to SFPUC's December 2021 Alternative Water Supply Planning Quarterly Update (Quarterly Update), "[f]or San Jose and Santa Clara to become permanent customers of the SFPUC, an additional 9 MGD of new, year-round supplies would be needed to meet historic demand levels and up to 15.5 MGD would be needed to meet planned demand through 2045;" and
WHEREAS, according to its December Quarterly Update, SFPUC is planning with the “intention to be able to make San Jose and Santa Clara permanent customers,” but is prioritizing instream flow obligations to meet existing permanent customer demands, including drought supplies; and WHEREAS, SFPUC has budgeted $298.3 million over the next ten years to fund water supply projects; and
WHEREAS, SFPUC, San Jose, Santa Clara, and BAWSCA are actively working together to consider water supply projects that may offer potential sources of supply to support San Jose and Santa Clara as permanent Wholesale Customers; and
WHEREAS, BAWSCA and SFPUC have identified intra-system water transfers as one potential solution to long term water reliability needs among the Wholesale Customers; and WHEREAS, a Minimum Purchase Customer might be more inclined to transfer a portion of its ISG to another Wholesale Customer under Section 3.04 of the Amended and Restated Water Supply Agreement if it was able to include a simultaneous transfer of a portion of its Minimum Purchase requirement and the associated financial obligation; and WHEREAS, allowing simplified permanent intra-system transfers of portions of Minimum Purchase Quantity and ISG will facilitate the development of new water supplies by SFPUC that are necessary to support San Jose and Santa Clara as permanent Wholesale Customers; and WHEREAS, the Parties have developed a process to allow for the transfer of a Wholesale Customer's Minimum Purchase Quantity in conjunction with an ISG transfer pursuant to Section

3.04, which ensures that such transfers will not result in new or different risks to the water supply and financial interests of Wholesale Customers not participating in a transfer; and Page H-3.7
WHEREAS, the Parties agree that the total aggregate amount of Minimum Purchase Quantity that may be transferred by all of the Wholesale Customers subject to Minimum Purchase requirements as first specified in Attachment E of the Amended and Restated Water Supply Agreement, over the course of one or multiple transfers, is limited to 6 MGD; and WHEREAS, if demand for Minimum Purchase Quantity transfers exceeds 6 MGD in the future, the Parties agree to consider further amending Section 3.04 of the Amended and Restated Water Supply Agreement to increase the total aggregate cap on the amount of Minimum Purchase Quantity that may be transferred; and
WHEREAS, a proposed transfer that does not meet the requirements of Section 3.04 of the Amended and Restated Water Supply Agreement, as amended by this Resolution, may be presented as an amendment to the Amended and Restated Water Supply Agreement pursuant to Section 2.03 of the Amended and Restated Water Supply Agreement; and WHEREAS, the Parties agree to consider a proposal by the City of Mountain View (Mountain View) and the City of East Palo Alto (East Palo Alto) to amend the Amended and Restated Water Supply Agreement to allow for the conversion of Mountain View's 2017 sale of 1.0 MGD of ISG to East Palo Alto into a transfer of 1.0 MGD of Mountain View's ISG that includes Minimum Purchase Quantity to East Palo Alto, over a period of time, and in a manner that protects the other Wholesale Customers' financial and water supply interests; and WHEREAS, if such a conversion is approved by the Parties, the 1.0 MGD of Mountain View's Minimum Purchase Quantity would be counted towards the total aggregate 6 MGD cap on Minimum Purchase Quantity transfers; and
WHEREAS, the Parties now desire to adopt an amendment to the Amended and Restated Water Supply Agreement to permit Wholesale Customers with an ISG to transfer, or accept a transfer, of both a portion of a Wholesale Customer's ISG and its Minimum Purchase Quantity; and WHEREAS, an updated Amended and Restated Water Supply Agreement, reflecting this amendment, in the form negotiated by BAWSCA (2021 Amended and Restated Water Supply Agreement), was presented to and approved by SFPUC on January 26, 2021 pursuant to SFPUC Resolution No. 21-0009; and
WHEREAS, the amendment considered now is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)); and WHEREAS, in the event the amendment is considered a "project," it would be subject to the categorical exemption for operation, repair, and maintenance of existing facilities (see 14 CCR Section 15301) and the amendment does not implicate substantial changes that involve a new significant environmental effect (see 14 CCR Section 15162(a)).

NOW, THEREFORE, BE IT RESOLVED that the City of Menlo Park, acting by and through its City Council, finds as follows:
1) The City Council approves the modifications included in the attached "2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Page H-3.8
Customers in Alameda County, San Mateo County, and Santa Clara County" dated January 2021 (2021 Amended and Restated Water Supply Agreement). 2) The City Manager is authorized and directed to sign the 2021 Amended and Restated Water Supply Agreement, in the form previously approved by the San Francisco Public Utilities Commission and attached hereto.

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 twenty-sixth day of April, 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 April, 2022.

Judi A. Herren, City Clerk
Page H-3.9
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING A MINIMUM PURCHASE TRANSFER FROM THE CITY OF

MOUNTAIN VIEW TO THE CITY OF EAST PALO ALTO
WHEREAS, the City and County of San Francisco ("San Francisco") Public Utilities Commission ("SFPUC" or "Commission") operates the Regional Water System, which delivers water to water supply agencies in Alameda, San Mateo, and Santa Clara Counties (collectively, “the Parties”); and
WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively, the "Wholesale Customers") established the Bay Area Water Supply and Conservation Agency ("BAWSCA"), as authorized by Water Code Section 81300 et seq.; and WHEREAS, in November of 2018, San Francisco and the Wholesale Customers (the "Parties") entered into the Amended and Restated Water Supply Agreement ("WSA"); and WHEREAS, the Parties have identified intra-system water transfers as one potential solution to long-term water reliability needs among the Wholesale Customers; and WHEREAS, in 2017, the City of Mountain View ("Mountain View") and the City of East Palo Alto ("East Palo Alto") were interested in transferring 1.0 million gallons per day ("MGD") of Mountain View's Minimum Annual Purchase Quantity (“Minimum Purchase”) to East Palo Alto, however, at the time, there was no procedure in the WSA to effectuate such a transfer without amending the WSA; and
WHEREAS, in 2017, Mountain View and East Palo Alto executed a water rights transfer agreement in which East Palo Alto agreed to pay Mountain View $5 Million for the permanent transfer of all rights, title, interest to 1.0 MGD of Mountain View’s Individual Supply Guarantee (ISG) to East Palo Alto; and
WHEREAS, in August 2018, BAWSCA and San Francisco provided the Wholesale Customers a revised Attachment C to the Water Supply Agreement reflecting the updated ISG amounts for Mountain View and East Palo Alto, as a result of the 1.0 MGD transfer of ISG from Mountain View to East Palo Alto; and
WHEREAS, Mountain View continues to be subject to a Minimum Purchase of 8.93 MGD and the financial obligation of paying for imputed sales for the portion of Minimum Purchase that it does not use; and
WHEREAS, in 2020, Mountain View and East Palo Alto began discussing a possible future transfer of a portion of Mountain View's Minimum Purchase to East Palo Alto; and WHEREAS, on January 26, 2021, the SFPUC adopted the 2021 Amended and Restated Water Supply Agreement ("2021 WSA"), which includes a new procedure by which Wholesale Customers with ISGs may participate in permanent expedited transfers of a portion of Minimum Purchase and ISG, without creating new or different risks to the water supply and financial interests of Wholesale Customers not participating in such transfers; and ATTACHMENT B Page H-3.10
WHEREAS, the 2021 WSA has been or will be presented to the governing body of each Wholesale Customer, and if approved, will permit Wholesale Customers with an ISG to transfer and accept a portion of another Wholesale Customer’s Minimum Purchase, if certain requirements are satisfied; and
WHEREAS, on April 20, 2021, East Palo Alto approved the conversion of the 1.0 MGD of Mountain View's ISG sold to East Palo Alto in 2017 into a transfer of up to 1.0 MGD of Mountain View's Minimum Purchase to East Palo Alto, in increments of 0.25 MGD or other amount, subject to the City Council’s approval of an agreement for each incremental transfer and the approval of the Wholesale Customers and San Francisco; and
WHEREAS, on June 8, 2021, Mountain View approved the conversion of the 1.0 MGD of Mountain View's ISG sold to East Palo Alto in 2017 into a transfer of up to 1.0 MGD of Mountain View's Minimum Purchase to East Palo Alto, in increments of 0.25 MGD, subject to the City Council’s approval of an agreement for each incremental transfer and the approval of the Wholesale Customers and San Francisco; and
WHEREAS, East Palo Alto and Mountain View are authorized and prepared to execute a negotiated agreement memorializing the terms and conditions of a 0.25 MGD transfer of Mountain View's Minimum Purchase to East Palo Alto; and
WHEREAS, as noted below, one of the conditions of the negotiated agreement between Mountain View and East Palo Alto is that, in exchange for the 0.25 MGD of Minimum Purchase transfer, Mountain View will provide East Palo Alto with an immediate Right-of-First Refusal for drought water transfers at the same volume as the Minimum Purchase transfer, pursuant to Appendix H of the 2021 WSA; and
WHEREAS, in conjunction with consideration of the 2021 WSA, East Palo Alto and Mountain View propose the Wholesale Customers and San Francisco approve, in advance, the terms and conditions for converting up to 1.0 MGD of Mountain View's ISG purchased by East Palo Alto in 2017 into a transfer of 1.0 MGD of Mountain View's Minimum Purchase to East Palo Alto, in 0.25 MGD increments, if Mountain View and East Palo Alto mutually agree to such incremental transfers in the future and provided the conditions outlined below are met; and WHEREAS, if up to 1.0 MGD of Mountain View's ISG purchased by East Palo Alto in 2017 is converted into a transfer of up to 1.0 MGD of Mountain View's Minimum Purchase to East Palo Alto, up to 1.0 MGD of Minimum Purchase, in 0.25 MGD increments, will be counted towards the total Minimum Purchase that may be transferred pursuant to Section 3.04.C.1 of the 2021 WSA; and
WHEREAS, this parallel action continues to require the calculation of a Temporary Modified Minimum Annual Purchase Quantity, set out in Attachment E-1 in the 2021 WSA; however, the transferor, Mountain View, is responsible for the imputed sales associated with transfers to East Palo Alto up to 1.0 MGD, until the terms and conditions outlined below are satisfied; and WHEREAS, in accordance with the water transfer provisions of the 2021 WSA, Mountain View and East Palo Alto will coordinate with San Francisco and BAWSCA to document Temporary Modified Minimum Annual Purchase Quantities to be included on Attachment E-1, transferred Minimum Annual Purchase Quantities to be included on Attachment E, when timely, and amendments to each cities' Individual Water Sales Contract with San Francisco.

Page H-3.11
NOW, THEREFORE, BE IT RESOLVED that the City of Menlo Park, acting by and through its City Council, finds as follows:
1) The City Council approves, in advance, the conversion of up to 1.0 MGD of Mountain View's ISG, sold to East Palo Alto in 2017 into a transfer of 1.0 MGD of Mountain View's ISG plus up to 1.0 MGD of Mountain View’s Minimum Purchase to East Palo Alto, in 0.25 MGD increments, if all of the following terms and conditions are satisfied:
a) Mountain View will transfer up to 1.0 MGD of its Minimum Purchase to East Palo Alto, in increments of 0.25 MGD, subject to the Mountain View City Council's and the East Palo Alto City Council's approval of an agreement for each incremental transfer. b) For each incremental transfer, a Temporary Modified Minimum Annual Purchase Quantity will be calculated for East Palo Alto that is equal to the City's five-year average water use from the SFPUC for the most recent non-drought years prior to the 2017 ISG purchase, plus the incremental transfer amount(s).
c) For each incremental transfer, Mountain View will maintain, and be responsible for paying any imputed sales for, its Minimum Purchase requirement in effect at that time, as set forth in Attachment E of the WSA, including up to 1.0 MGD ISG transfer to East Palo Alto, until East Palo Alto's water use meets the Temporary Modified Minimum Annual Purchase Quantity for three consecutive years.
d) East Palo Alto will not be required to pay imputed sales associated with the Temporary Modified Minimum Annual Purchase Quantity for any incremental transfer of the 1.0 MGD of Mountain View's Minimum Purchase requirement.
e) For each incremental transfer, once East Palo Alto has met the Temporary Modified Minimum Annual Purchase Quantity for three consecutive years, the incremental portion of Mountain View's Minimum Purchase transferred to East Palo Alto will become East Palo Alto's Minimum Purchase, and Mountain View's Minimum Purchase will be reduced by an equivalent amount. East Palo Alto's new Minimum Purchase will be included in Attachment E and both cities' Individual Water Sales Contracts will be updated to reflect this transfer.
f) With exception of the incremental transfers that are the subject of this resolution and the agreement between East Palo Alto and Mountain View described herein, any additional transfers of Minimum Purchase, either from another Wholesale Customer or from Mountain View in excess of the 1.0 MGD, are subject to Section 3.04 of the 2021 WSA. //
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Page H-3.12
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 twenty-sixth day of April, 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 April, 2022.

Judi A. Herren, City Clerk
Page H-3.13
1 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03

3.04 Permanent Transfers of Individual Supply Guarantees and Minimum Annual Purchase Quantities
A. A Wholesale Customer that has an Individual Supply Guarantee may transfer a portion of it to one or more other Wholesale Customers, as provided in this section.

B. Transfers of a portion of an Individual Supply Guarantee must be permanent., as opposed to temporary or time-limited. Notwithstanding the previous sentence, a portion of an Individual Supply Guarantee that has been transferred under this section may be included in another transfer under this section at a later date. The minimum quantity that may be transferred is 1/10th of a MGD.

C. Transfers of a portion of a Minimum Annual Purchase Quantity may be included in transfers of a portion of an Individual Supply Guarantee and are subject to the same requirements for Individual Supply Guarantee transfers in this section as well as the following conditions:

1. Transferor of Minimum Annual Purchase Quantity. A Wholesale Customer subject to the minimum annual purchase requirements of Section 3.07.C may transfer both a portion of its Individual Supply Guarantee and a portion of its Minimum Annual Purchase Quantity to one or more Wholesale Customers that have an Individual Supply Guarantee. The process by which such a transfer may be proposed and approved is set forth in subparts D and E of this section. A Wholesale Customer that had a Minimum Annual Purchase Quantity at the start of the Term of this Agreement may not cumulatively transfer, over the course of one or multiple transfers, more than half (50%) of its Minimum Annual Purchase Quantity as first specified in Attachment E at the start of the Term of this Agreement. Wholesale Customers that had a Minimum Annual Purchase Quantity at the start of the Term of this Agreement may not cumulatively transfer, over the course of one or multiple transfers, more than 6 MGD of the total aggregate Minimum Annual Purchase Quantity specified in Attachment E at the start of the Term of this Agreement. A Wholesale Customer that received a Minimum Annual Purchase Quantity through a transfer under this section may cumulatively transfer, over the course of one or multiple transfers, a portion of or all of the Minimum Annual Purchase Quantity it received pursuant to this section. The effect of such a transfer will be a reduction in the transferor’s Individual Supply Guarantee, specified in Attachment C, and a reduction in the transferor’s ATTACHMENT C Page H-3.14
2 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03 Minimum Annual Purchase Quantity, specified in Attachment E. The SFPUC and BAWSCA will update Attachments C and E to reflect such changes, pursuant to Section 3.04.F. The reduction in the transferor’s permanent Minimum Annual Purchase Quantity shall become effective in the same fiscal year in which the transfer becomes effective.

2. Transferee of Minimum Annual Purchase Quantity. A Wholesale Customer that has an Individual Supply Guarantee may be the recipient, or transferee, of both a portion of Individual Supply Guarantee and a portion of Minimum Annual Purchase Quantity from another Wholesale Customer that has an Individual Supply Guarantee, whether or not the transferee is already subject to the minimum annual purchase requirements of Section 3.07.C.

When such a transfer is approved and effective, the transferee will initially have a revised Individual Supply Guarantee and a Temporary Modified Minimum Annual Purchase Quantity, which will be reflected on Attachments C and E-1, respectively, pursuant to Section 3.04.F. A Temporary Modified Minimum Annual Purchase Quantity will become effective in the same fiscal year in which the transfer becomes effective. The transferee’s Temporary Modified Minimum Annual Purchase Quantity will ultimately be replaced by a permanent Minimum Annual Purchase Quantity, as described in this sub-section, which will be reflected on Attachment E pursuant to Section 3.04.F.

3. Calculation of Temporary Modified Minimum Annual Purchase Quantity.

The Temporary Modified Minimum Annual Purchase Quantity that a transferee receives from a transfer under this sub-section is the sum of (1) the average annual (fiscal year) quantity of water purchased by the transferee from the SFPUC (plus Imputed Sales, if applicable) in the most recent five previous non-drought fiscal years, plus (2) the relevant reduction in the transferor's Minimum Annual Purchase Quantity. For this calculation, the five previous nondrought fiscal years need not be consecutive. Notwithstanding the preceding sentences in this paragraph, if a transferee has an existing Temporary Modified Minimum Annual Purchase Quantity at the time of a new transfer under this sub-section, the transferee’s new Temporary Modified Minimum Annual Purchase Quantity under the new transfer will be the sum of (1) the transferee’s existing Temporary Modified Minimum Annual Purchase Quantity, plus (2) the relevant reduction in the transferor’s Minimum Annual Purchase Quantity. Attachment E-2 contains sample calculations of the Temporary Modified Minimum Annual Purchase Quantity for transferees who are subject to, or not yet subject to, the minimum annual purchase requirements of Section 3.07.C.

Page H-3.15
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03 3 17168182.1

4. Duration and Expiration of Temporary Modified Minimum Annual Purchase Quantity.
a. Once a transfer under this sub-section is approved and effective, the transferee is required to purchase from the SFPUC its Temporary Modified Minimum Annual Purchase Quantity until the quantity of water delivered annually to the transferee by the SFPUC meets or exceeds the Temporary Modified Minimum Annual Purchase Quantity for three consecutive fiscal years. It may take many years for the quantity of water delivered to meet or exceed this amount. The transferee’s Temporary Modified Minimum Annual Purchase Quantity is subject to waiver by the SFPUC as described in Section 3.07.C. However, even in the event of such a waiver, a fiscal year in which the transferee still purchases from the SFPUC an amount of water that meets or exceeds its Temporary Modified Minimum Annual Purchase Quantity will count as a fiscal year in which the transferee has met or exceeded its Temporary Modified Minimum Annual Purchase Quantity for the purposes of this paragraph. b. Once the quantity of water delivered to the transferee by the SFPUC reaches the milestone described in the preceding paragraph, the transferee will no longer be subject to the Temporary Modified Minimum Annual Purchase Quantity. Instead, the transferee will have a new permanent Minimum Annual Purchase Quantity, which will equal the sum of (1) its previous Minimum Annual Purchase Quantity, if applicable, plus (2) the relevant reduction in the transferor’s Minimum Annual Purchase Quantity. The transferee’s new permanent Minimum Annual Purchase Quantity will be reflected on Attachment E, and its expired Temporary Modified Minimum Annual Purchase Quantity will be removed from Attachment E-1, pursuant to Section 3.04.F. Any other Temporary Modified Minimum Annual Purchase Quantities of the transferee will remain in effect on Attachment E-1.

D. Transfers of portions of Individual Supply Guarantees, including transfers of portions of Minimum Annual Purchase Quantities, are subject to approval by the SFPUC.

SFPUC review is limited to determining (1) whether a proposed transfer complies with the Act, and (2) whether the affected facilities in the Regional Water System have sufficient capacity to accommodate delivery of the increased amount of water to the proposed transferee.

E. The participants in a proposed transfer shall provide written notice to the SFPUC and BAWSCA specifying (1) the amount of the Individual Supply Guarantee proposed to be transferred, (2) the proposed effective date of the transfer, which shall not be less than 60 days Page H-3.16
4 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03 after the notice is submitted to the SFPUC, and (3) the Individual Supply Guarantees of both participants resulting from the transfer. If a proposed transfer includes the transfer of a portion of Minimum Annual Purchase Quantity, then the participants will provide additional written notice specifying (4) the amount of the Minimum Annual Purchase Quantity proposed to be transferred, (5) transferee's Temporary Modified Minimum Annual Purchase Quantity and permanent Minimum Annual Purchase Quantity under the transfer, and (6) the transferor's new Minimum Annual Purchase Quantity under the transfer. The SFPUC may require that the participants in any proposed transfer provide additional information reasonably necessary to evaluate the operational impacts of the transfer.proposed transfer and any additional information that will assist the SFPUC in its review of the proposed transfer. The SFPUC will not unreasonably withhold or delay its approval of a proposed transfer; if the SFPUC does not act on the written notice provided by the participants within 60 days, the transfer will be deemed to have been approved. An approved transfer becomes effective on the proposed effective date set forth in the written notice of the proposed transfer provided to the SFPUC and BAWSCA.

F. Within 30 days after the transfer has become effective, both the transferor and the transferee will provide written notice to the SFPUC and BAWSCA. By September 30 of each year during the Term, the SFPUC and BAWSCA will prepare an updated Attachment C, and updated Attachments E and E-1 where applicable, to reflect the effects of transfers occurring during the immediately preceding fiscal year. By September 30 of each year during the Term, the Individual Water Sales Contracts between San Francisco and any Wholesale Customers who are participants in a transfer under this Section will be amended with the written concurrence of San Francisco and those Wholesale Customers to reflect the effects of transfers occurring during the immediately preceding fiscal year, as necessary.

G. Amounts transferred will remain subject to pro rata reduction under the circumstances described in Section 3.02.C and according to the formula set forth in Attachment D.

H. A proposed transfer that does not satisfy the requirements of this section may be presented as an amendment to this Agreement pursuant to Section 2.03.

Page H-3.17
5 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03

3.07 Restrictions on Purchases of Water from Others; Minimum Annual Purchases A. Each Wholesale Customer (except for Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale) agrees that it will not contract for, purchase or receive, with or without compensation, directly or indirectly, from any person, corporation, governmental agency or other entity, any water for delivery or use within its service area without the prior written consent of San Francisco.

B. The prohibition in subsection A does not apply to:

1. recycled water;

2. water necessary on an emergency and temporary basis, provided that the Wholesale Customer promptly gives San Francisco notice of the nature of the emergency, the amount of water that has been or is to be purchased, and the expected duration of the emergency; or

3. water in excess of a Wholesale Customer’s Individual Supply Guarantee.

C. Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale may purchase water from sources other than San Francisco, provided that San Francisco shall require that each purchase a minimum annual quantity of water from San Francisco. These minimum quantitiesMinimum Annual Purchase Quantities are set out in Attachment E and shall also be included in the Individual Water Sales Contracts between San Francisco and each of these four Wholesale Customers. The minimum purchase requirement in these Individual Water Sales Contracts Pursuant to Section 3.04, certain Wholesale Customers may also be required to purchase Temporary Modified Minimum Annual Purchase Quantities, set out in Attachment E-1, from San Francisco. Attachment E will be updated pursuant to Section 3.04 to reflect any reduction in existing Minimum Annual Purchase Quantities and any addition of new Minimum Annual Purchase Quantities when Temporary Modified Minimum Annual Purchase Quantities expire and are removed from Attachment E-1; Individual Water Sales Contracts between San Francisco and any Wholesale Customers who are participants in a transfer under Section 3.04 will similarly be amended, as necessary. After the end of each fiscal year, the SFPUC will send a written notice to each Wholesale Customer that is subject to the minimum annual purchase requirements of this section with a copy to BAWSCA. The notice will include: (1) the quantity of water delivered to the Wholesale Customer during the previous fiscal year; (2) whether or not the Wholesale Customer met its minimum annual purchase Page H-3.18
6 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03 requirement under this section; (3) any Imputed Sales charged to the Wholesale Customer; and (4) the status of any Temporary Modified Minimum Annual Purchase Quantity of the Wholesale Customer, if applicable. The minimum annual purchase requirements set out in Attachments E and E-1 will be waived during a Drought or other period of water shortage if the water San Francisco makes available to these Wholesale Customers is less than its minimum purchase quantity.Minimum Annual Purchase Quantity, and may be waived during a state of emergency declared by the Governor of California that impacts water supply use or deliveries from the Regional Water System.

Page H-3.19
7 17168182.1
REDLINE COMPARING 2018 AMENDED AND RESTATED WATER SUPPLY AGREEMENT TO MINIMUM PURCHASE AMENDMENT: SECTIONS 3.04, 3.07, AND 2.03

2.03 Amendments
…
C. Amendments to Attachments. The following attachments may be amended with the written concurrence of San Francisco and BAWSCA on behalf of the Wholesale Customers:

Attachment Name
C Individual Supply Guarantees (amendments reflecting section 3.04 transfers only)
E Minimum Annual Purchase Quantities (amendments reflecting section 3.04 transfers only)
E-1 Temporary Modified Minimum Annual Purchase Quantities G Water Quality Notification and Communications Plan
(2019 Update of 2017 Plan, Rev. 6)
J Water Use Measurement and Tabulation
L-1 Identification of WSIP Projects as Regional/Retail
N-1 Balancing Account/Rate Setting Calculation Table
N-2 Wholesale Revenue Requirement Schedules
N-3 Schedule of Projected Water Sales, Wholesale Revenue Requirement and Wholesale Rates
P Management Representation Letter
R Classification of Existing System Assets (Subject to Section 5.11) Amendments to these attachments shall be approved on behalf of San Francisco by the Commission and on behalf of BAWSCA by its Board of Directors, unless the Commission by resolution delegates such authority to the General Manager of the SFPUC or the Board of Directors by resolution delegates such authority to the General Manager/CEO of BAWSCA.

Page H-3.20
17092043.6

PROPOSED CONTRACT AMENDMENT
Regarding the Minimum Annual Purchase Quantity
What Contract is Being Amended and Who Are the Parties? The 2018 Amended and Restated Water Supply Agreement
between the City and County of San Francisco and the
Wholesale Customers in Alameda, San Mateo, and Santa Clara Counties (WSA).

What Does the WSA Govern? The WSA governs the supply of 184 million gallons of water per day (MGD), on an annual average basis, from the San Francisco Regional Water System (RWS) to the Wholesale Customers. The WSA also establishes rules and requirements for water purchases and transfers between the Wholesale Customers.

Why is This Amendment Proposed? In 2019, the Wholesale
Customers directed BAWSCA to draft a proposed WSA
amendment to provide a procedure for expedited and permanent transfers of Minimum Annual Purchase Quantity (Minimum
Purchase) requirements, while safeguarding the financial and water supply interests of Wholesale Customers not participating in such transfers.

What is a Minimum Purchase Requirement? When the WSA
was developed, four agencies with access to sources of supply not available to either San Francisco or the other Wholesale Customers at the time were required to purchase a “minimum annual quantity of water” from the RWS. Those four multi-source agencies are Alameda County Water District (ACWD), Milpitas, Mountain View, and Sunnyvale (Minimum Purchase Agencies).

These four Minimum Purchase Agencies are subject to a “take or pay” Minimum Purchase requirement, which guarantees an ongoing financial stake in the RWS and ensures financial stability for all Wholesale Customers as well as San Francisco retail customers that rely on the RWS. The total Minimum Purchase requirement is 30.849 MGD. Any change to the Minimum Purchase requirement necessitates an amendment to the WSA.

Why Amend the Minimum Purchase Requirement? The Wholesale Customers desire to remove obstacles to water transfers between individual member agencies. One such obstacle is the Minimum Purchase requirements. Establishing a means by which a Minimum Purchase requirement could be linked to a proposed water transfer would effectively remove that obstacle.

What Does the Proposed Minimum Purchase Amendment Do? The proposed amendment provides a contractual vehicle for Wholesale Customers with an Individual Supply Guarantee (ISG) to participate in a paired, expedited, and permanent transfer of a portion of ISG and Minimum Purchase.

Is There a Limit to the Quantity of Minimum Purchase That Can Be Transferred? Only 6 MGD of the total Minimum Purchase requirement may be transferred pursuant to this “pre-approved” pathway.

DECEMBER 2021

KEY AMENDMENT BENEFITS
 Provides an Expedited Process
for Certain Types of Transfers
 Removes a Barrier to
Maximizing Local Supplies
 Allows for Increased Purchases
of RWS Supplies Resulting in a
Reduced Unit Cost of Water to
All Wholesale Customers
 Overcomes a Hurdle for Greater
Use of Existing RWS Supply
 Protects the Financial and
Water Supply Interests of All
Wholesale Customers

MINIMUM ANNUAL PURCHASE
QUANTITY (MGD):

ACWD 7.648
Milpitas 5.341
Mountain View 8.930
Sunnyvale 8.930
Total: 30.849
ATTACHMENT E Page H-3.21
17092043.6
Additionally, Minimum Purchase Agencies may transfer no more than 50% of their total Minimum Purchase requirement. A future WSA amendment may increase these caps if demand for additional transfers exceeds these limits.

What Are the Benefits of the Minimum Purchase Amendment? The proposed amendment offers several benefits and solutions for the Wholesale Customers:
 Removes an existing barrier for a Minimum Purchase Agency to reduce the financial liability associated with the cost of imputed sales for Minimum Purchase water that is not use.  Overcomes a hurdle for greater use of current RWS supply by enabling additional transfers between eligible Wholesale Customers.
 Increased purchases from the RWS result in reduced unit costs for all Wholesale Customers.  Water transfers between Wholesale Customers offer potential water supply to meet needs for new developments within the BAWSCA service area.
 As indicated by the San Francisco Public Utilities Commission (SFPUC), maximizing the use of existing supplies through transfers facilitates the development of new supplies necessary to support San Jose and Santa Clara as permanent customers.

Will the Proposed Amendment Result in New or Increased Risks to the Wholesale Customers? No. The proposed amendment protects the financial and water supply interests of Wholesale Customers not participating in transfers.
 The total Minimum Purchase remains the same regardless of transfers.  Transferees must pay imputed sales for any transferred Minimum Purchase that is unused once the transfer becomes effective.
 Transferees must prove long-term demand for the transferred Minimum Purchase, beyond their average use over the five years prior to the transfer, for a period of three consecutive years before taking on a permanent Minimum Purchase requirement.
 Absent unchecked unlawful conduct, there is no new or different water supply reliability risk to nonparticipating agencies given (1) existing water use and (2) legal and contractual obligations.  Absent unchecked unlawful conduct, there is no new or different financial risk as a result of this proposed amendment in the event of significant economic downturn based on (1) available transfer market and water use patterns and (2) current risks based on existing contract provisions that will remain unchanged by the proposed amendment.

What Are the Risks of Not Approving the Minimum Purchase Amendment? Neglecting to adopt the proposed amendment may hinder SFPUC’s ability to implement new water supply projects necessary to (1) support San Jose and Santa Clara as permanent customers and (2) offset Bay Delta Plan/Tuolumne River Voluntary Agreement implementation. The development of new water supplies will be subject to CEQA. Showing that existing water available in the RWS is underutilized could hinder environmental approvals.

Without this proposed amendment, any transfer of a portion of Minimum Purchase among Wholesale Customers would require a new amendment to the WSA adopted by each Wholesale Customer's governing body in a separate action. This significant barrier to implementing transfers may prevent Minimum Purchase Agencies from pursuing these more challenging water transfers, reduce opportunities to provide cost-effective water supplies to new developments within the service area, and discourage maximum use of local supplies and conservation.

Page H-3.22
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: 4/26/2022
Staff Report Number: 22-079-CC
Consent Calendar: Adopt fiscal year 2022-23 budget principles and confirm direction on potential service level
enhancements and the capital improvement
program
Recommendation
Staff recommends that the City Council adopt updated budget principles for fiscal year (FY) 2022-23 and confirm direction on potential service level enhancements and the capital improvement program provided at the April 19, 2022, City Council meeting.

Policy Issues
Menlo Park Municipal Code Section 2.08.080 (8) provides that the city manager must “prepare and submit to the City Council the annual budget.” To ensure that the city manager’s proposed budget is built on foundational principles set by the City Council, the City Council approves budget principles before adoption of its fiscal budget.

Background
Typically, the City Council conducts a goal-setting process at the beginning of the calendar year to help set the stage for the budget development. Given the transition of the city manager and the number of vacancies in the organization, no goal-setting session occurred this year. City Council reviewed the budget principles and General Fund’s FY 2021-22 forecast at its April 19, 2022, meeting and requested staff bring this item back.

Analysis
Proposed budget principles
The proposed budget principles for fiscal year 2022-23 budget would be as follows:

1. Promote the City’s long-term fiscal sustainability
a) Implement the annual payment necessary in the budget to achieve amortization of the CalPERS Net Pension Liability in accordance with the actuarial 15-year amortization schedule. This is consistent with City Council’s before adopted principle to plan for an accelerated reduction of the UAL. b) Invest in technologies that minimize low value-add processes, increase transparency in communications and most efficiently utilize our talented staff c) Strive to achieve City Council cost recovery goals for all fee-based services d) Continue to evaluate the most cost-effective method to provide services at a specified level that provides the City with flexibility in all economic conditions, including the use of contracted services, AGENDA ITEM H-4 Page H-4.1
Staff Report #: 22-079-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org shared services, and regular and limited-term employees e) Proactively manage the loss of institutional knowledge by documenting procedures, practices and processes and succession planning efforts including the ability to provide for overlap in critical positions at the discretion of the city manager
f) Incorporate programs and initiatives that strengthen Menlo Park’s standing as an employer of choice to retain highly qualified personnel

2. Provide city services and infrastructure that contribute to quality of life in Menlo Park of current residents and future generations
a) Implement ordinances and City Council adopted initiatives and strategies to make Menlo Park a vibrant, healthy and sustainable community both now and for years to come b) Proactively maintain and improve existing infrastructure to minimize maintenance costs c) Invest in projects and infrastructure that reduce the greenhouse gas emissions and support the City’s safety and accessibility goals (Vision Zero and Complete Streets) d) Make investments in disaster preparedness and climate adaptation that will reduce future financial burdens
e) Approach resource allocation throughout the City in a balanced and equitable manner, while striving to address past inequities, the impacts and benefits of development in different areas, and the unique needs and opportunities in different districts
f) Evaluate one-time revenues for highest and best investment recognizing the benefit of leveraging near term investments for long-term gains in financial sustainability, quality of life for current and future residents and/or to stave off the future impacts of climate change g) Commit to continuous improvement in the communication of City financial information through a variety of media acknowledging that the City’s professional staff and consultants are obligated to conform to accounting and reporting standards in order to provide balanced financial information that informs policymakers

3. Revenue sources and grant accounting (new principles) a) State the funds surplus/(deficit) balance to show annual results and use of fund balance b) Identify revenue sources for the initial year of all capital projects c) Document and enter "Due-to" amounts in the General Fund 100 for all expenses awaiting grant fund reimbursement by increasing the assigned reserve balance d) Ensure a fund's fiscal year-end balance estimate is positive Preliminary service level enhancement requests
Attachment A provides a brief summary of the preliminary service level enhancements which staff presented to the City Council at the April 19, 2022, meeting. The current list contains those enhancements City Council was willing to include in the upcoming FY 2022-23 budget for consideration. As previously mentioned, there would be initial start-up charges for additional equipment to deliver this increase in services if the City Council were to authorize these enhancements as part of the budget process. In addition, staff provides a historical count of authorized positions over several years.

Attachment B provides additional information about gymnastics program enrollment and community survey efforts, in response to a City Councilmember request for information subsequent to the April 19 meeting.

Capital improvement program direction
As summarized in the April 19 staff report and presentation, next year, staff anticipates 11 projects for which Page H-4.2
Staff Report #: 22-079-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org new funding is requested in addition to the 11 annual programmatic projects to be proposed in the fiscal year 2022-23 budget. These projects would require more funding needs than the City has funds available for these projects. Staff is continuing to develop a funding strategy to be proposed as part of the fiscal year 2022-23 five-year capital improvement program, which will be presented as part of the draft 2022-23 budget. Before release of the draft 2022-23 budget, staff will also transmit a summary of the status of each of the current ongoing projects to the City Council.

Of these 11 anticipated projects, five are current projects requiring additional funds as projects proceed to new phases or to account for cost escalation due to inflation or changes in scope of work. City Council provided general direction to continue these projects:
• Chrysler pump station replacement ($2.5 million)
• San Francisquito Creek Upstream project ($1-3 million) • Automated water meter reading infrastructure project ($1.54 million) • Streetlight conversion ($0.08 million)
• Haven Avenue Streetscape project ($0.40 million)
In addition, staff is also continuing to advance the Willow Oaks Park improvement and Burgess Park playground conceptual designs. As noted during the April 19 meeting, conceptual designs are tentatively scheduled to be considered by the City Council for approval May 10. Following that meeting and direction from the City Council, additional funds may also be needed for these projects. Staff anticipates recommending a portion of the Measure T general obligation bond proceeds to be used to complete these projects, consistent with City Council direction from August 17, 2021 and April 12, 2022. The remainder of Measure T proceeds would be programmed in a project titled, Parks and Recreation Master Plan implementation, until such time as the City Council directs their use on other projects.

Six new projects were identified April 19, which have either advanced from a planned future year or are new in response to new regulations, grant funding opportunities or needs identified this year. Staff has incorporated City Council direction into the list below, updating project names, bifurcating the turf replacement project by location, and clarifying scope elements as noted below. • Burgess pool lobby renovation ($0.1 million) – advanced from prior planned year. Project to add accessible doors and renovate lobby.
• Willow Road pedestrian and bicycle improvements ($0.4 million) – new. Advanced planning and design early from prior planned year to capitalize on a potential grant opportunity between Bayfront Expressway and US 101.
• Kelly Park turf replacement ($1.8 million) – new. Timing required to coincide with MPCC completion in spring 2023.
• Hillview School turf replacement ($0.05 million new; $0.90 million carryover funds) – Existing joint use agreement with Menlo Park City School District describes maintenance responsibilities to be shared between the City and District. Timing of work expected summer of 2022 or 2023. • Local road safety plan ($0.20 million) – new. Requirement to compete for some regional and state grant funds.
• Shuttle program evaluation ($0.18 million) – new. Awarded a grant for this study. • Storm system funding study ($0.10 million) – new. Stormwater program is not cost recovery and fund balance is declining. New regulations anticipated to be adopted in 2022 will further exacerbate annual fund depletion.
• Police radio and communication equipment upgrades ($1.0 million) – new. Police radios carried by individual officers and installed in police vehicles that have been in service for over 20 years. Repair and Page H-4.3
Staff Report #: 22-079-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org replacement of the current model is extremely challenging. The most prudent remedy is to prepare for movement to the digital band and accommodate interagency communication needs with digital-enabled radios. Upgrading to digital-enabled radios require upgrades to the dispatch infrastructure. Staff will also be exploring grant opportunities to potentially mitigate the expense. * Movement to digital radio capability is distinct and separate from encryption of radios. The encryption question will be handled separately with all due transparency and public accountability.

Impact on City Resources
Preparation of the fiscal year 2022-23 annual budget is part of the City’s baseline services.

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. Service level enhancement estimates
B. Gymnastics program information
Report prepared by:

Marvin Davis, Interim Finance Director
Nikki Nagaya, Public Works Director
Page H-4.4
Department Service level description FTE estimate Labor estimate City Council Direction on April19, 2022 1 Public Works
Drought coordination and support. Request to add one full time Sustainability Specialist position to support increased drought coordination. Position would be funded by enterprise revenue funds (water operations fund).
1 $132,893 Consensus to include as service level
enhancement
2 Public Works
SAFER Bay staffing support. Request to add a provisional fulltime Associate Engineer position to coordinate work on SAFER Bay, sea level rise adaptation plan implementation.

Position would be funded by general capital funds partially reimbursed through anticipated FEMA Building Resilient
Communities and Infrastructure grant.
1 $197,726 Consensus to include as service level
enhancement
3 Police
Emergency Preparedness Coordinator. Request to establish a dedicated and expert resource that is steadfastly committed to the City's interests and capable of connecting and
coordinating with all available partner resources. Although the position would reside within the police department, the focus would be on the entire organization. Position equivalent to Management Analyst I or Project Manager.
1 $165,505 Consensus to include as service level
enhancement
4 Police
Community Service Officers. Request to restore two and add one (total 3.0) full-time Community Service Officers (CSOs) - two assigned to Patrol Division, and one added to the Training and Public Relations Unit.
3 $475,136 Consensus to include as service level
enhancement
5 Police
Traffic Unit and Staffing Support. Request to restore three full time sworn officer positions to support increased need for traffic support, management, and the return of workforce commuters and special events. The movement of three officer positions to Traffic from our current reduced staffing has made the permanent assignment of a dedicated traffic team
unsustainable at current levels.
3 $622,257 Consensus to include as service level
enhancement
6 Police
Parking Enforcement. Potential request to restore parking enforcement capacity. Staff is evaluating options including city personnel and/or contract services. Additional details will be presented to City Council during the upcoming budget
deliberations.
0 $207,425 Pursue scalable contract service
7 Library and Community Services
Gymnastics. Request to add 5.75 FTE (2 Program assistants,

2.75 Instructors, 1 Recreation Coordinator) to reactivate the gymnastics program, consistent with staffing levels for the gymnastics program prior to the pandemic. Personnel costs would be partially offset by program revenues.

5.75 $694,540
Consensus to include as service level
enhancement and provide additional information
through budget process as to when the service
could be reactivated
Preliminary service level enhancement requests
ATTACHMENT A Page H-4.5
8 Community Development
Housing support. Request to add 1.0 FTE equivalent to a Management Analyst I/II to support the current and increased demand for administration and implementation of the City’s below market rate (BMR) program and other housing
programs.
1 $185,194 Consensus to include as service level
enhancement
9 City Manager's Office
Deputy City Clerk. Position would restore the needed backup for the City Clerk, assist with City Council related duties (e.g., agendas, resolutions, ordinances, minutes, etc.), and assist with Information Technology Master Plan items related to agenda, legislative and multimedia management.
1 $153,438 Consensus to include as service level
enhancement
10 City Manager's Office
Graphic Designer. Would work with all departments to design and produce a variety of print and digital materials, both routine and complex; including publications, notices, social media and digital graphics for web and video.
1 $153,438
Majority support to continue consideration as a
service level enhancement, but provide greater
explanation of the need/benefits of the position
11 City Manager's Office
Management Analyst I/II. To support climate adaption and resiliency projects and plans (e.g. local hazard mitigation plan, safety, environmental justice elements) to increase resiliency to negative impacts of climate change. The position would assist in coordinating across all departments, informing the organization and the community on climate adaptation, and providing ongoing long range planning and strategy support. 1 $185,194
Majority support to continue consideration as a
service level enhancement, but provide greater
explanation of the need/benefits of the position
Total 18.75 $3,172,746
General Fund impact 18.75 $3,039,853
Budget year
Full-time
equivalents
(FTEs)
FY2018-19 287.25
FY2019-20 286.75
FY2020-21 242.75
FY2021-22 271.75
Page H-4.6
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Library and Community Services

MEMORANDUM
Date: 4/26/2022
To: City Council
From: Library and Community Services Director
Re: Gymnastics program information request
Subsequent to the April 19, 2022 meeting, a City Council member requested the following information about the City’s gymnastics program:

1. Based on the gymnastics program pre-Covid, how many families, children, and/or persons utilized this service? Can you bifurcate residents versus non-residents?

2. Did the city charge services differently (at a different rate)?

3. Has the Library and Community Services department done any surveying recently to find out what Menlo Park residents want?
The requested information is provided here for City Council’s reference:

1. Charts showing the gymnastics program’s enrollment by season in years 2017-2020 are attached to the end of this memorandum.

2. Non-resident fees are higher than resident fees. Gymnastics fees for non-residents are 125% of resident fees. Gymnastics program fees are listed in the City Council-approved Master Fee Schedule.1

3. Staff is planning a community-wide survey about the aquatics program later this spring, per City Council’s February 8 direction to staff 2, and as noted in the Menlo Park Community Campus (MPCC) operation plan milestones received by City Council April 12 3. Staff recommends working with the MPCC Subcommittee to evaluate the possibility of leveraging the planned community-wide aquatics survey to also assess community needs and interests in other recreation program areas.

Attachment: Gymnastics program enrollment by season
1 City of Menlo Park Master Fee Schedule. Hyperlink:
https://beta.menlopark.org/files/sharedassets/public/administrative-services/documents/finance/2019-approvedmaster-fee-schedule-print-version_201907011210162490.pdf 2 City Council Regular Meeting Minutes, February 8, 2022. Hyperlink:
https://beta.menlopark.org/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/minutes/20220208-city-council-minutes.pdf
3 City Council Regular Meeting Agenda, April 12, 2022. Hyperlink:
https://beta.menlopark.org/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20220412-city-council-amended-agenda-packet.pdf ATTACHMENT B Page H-4.7

GYMNASTICS ENROLLMENT
2017-2020
Winter 2017 Spring 2017 Summer 2017 Fall 2017
Total enrolled Percentage Total enrolled Percentage Total enrolled Percentage Total enrolled Percentage Resident 797 57% Resident 1022 58% Resident 600 59% Resident 952 60% Non Resident 483 35% Non Resident 598 34% Non Resident 333 33% Non Resident 510 32% Unincorp 112 8% Unincorp 146 8% Unincorp 81 8% Unincorp 133 8% Total 1392 100% Total 1766 100% Total 1014 100% Total 1595 100% Winter 2018 Spring 2018 Summer 2018 Fall 2018 Percentage Total enrolled Percentage Total enrolled Percentage Total enrolled Percentage Total enrolled Column1 Resident 977 60% Resident 895 59% Resident 436 54% Resident 751 57% Non Resident 495 30% Non Resident 490 32% Non Resident 310 38% Non Resident 454 34% Unincorp 154 9% Unincorp 137 9% Unincorp 65 8% Unincorp 114 9% Total 1626 100% Total 1522 100% Total 811 100% Total 1319 100% Winter 2019 Spring 2019 Summer 2019 Fall 2019
Total enrolled Percentage Total enrolled Percentage Total enrolled Percentage Total enrolled Percentage Resident 866 59% Resident 803 57% Resident 429 53% Resident 730 58% Non Resident 478 32% Non Resident 465 33% Non Resident 306 38% Non Resident 421 34% Unincorp 127 9% Unincorp 131 9% Unincorp 78 10% Unincorp 105 8% Total 1471 100% Total 1399 100% Total 813 100% Total 1256 100% Winter 2020 0%
Total enrolled Percentage
Resident 780 57%
Non Resident 471 35%
Unincorp 111 8%
Total 1362 100%
Page H-4.8
Police

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

STAFF REPORT
City Council
Meeting Date: 4/26/2022
Staff Report Number: 22-074-CC
Regular Business: Assembly Bill 481 Compliance – police department acquisition and use – military equipment ordinance
introduction and Use Policy
Recommendation
Waive first reading and introduce an ordinance regarding police department acquisition and use of military equipment (Attachment A); approve Military Equipment Use Policy (Attachment B.) Policy Issues
California Assembly Bill 481 (AB 481) was signed into law September 30, 2021. This law requires that law enforcement agencies like Menlo Park Police Department obtain the approval of City Council, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. By law this action must be commenced by applicable agencies no later than May 1, 2022.

Background
On September 30, 2021, California AB 481 was signed into law. Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference (Attachment C.)
AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency that the military equipment does not comply with the above-described standards for approval. A draft ordinance is attached as Attachment A.

California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. It is important to note that the Menlo Park Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed uniquely for military use. However, Menlo Park Police Department, like many police agencies nationwide, does possess some types of equipment that are listed in Section 7070. Additionally, the Menlo Park Police Department participates in a AGENDA ITEM I-1 Page I-1.1
Staff Report #: 22-074-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org regional Special Weapons and Tactics (SWAT) team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.

It is also important to note that while the equipment listed in Attachments D and E meets the definitions of “Military Equipment” in alignment with this law, this equipment remains the same equipment that has been available to handle high-risk situations that occasionally arise in this jurisdiction up to this point in time, as part of the regular public safety business of this agency. Further, every law enforcement jurisdiction in the state of California is bringing similar lists before their local governing bodies to comply with this new law.

There is nothing unique in Menlo Park Police Department’s compliance effort that is significantly different from any of our partnering police agencies statewide.

In order to comply with AB 481 and the California Government Code, staff is recommending that the City Council review and introduce a new ordinance, to be included as Chapter 2.70 of the Municipal Code, Military Equipment Use Ordinance. A summary of the sections of the proposed ordinance is provided below.

Staff also recommends that the City Council approve by motion the attached Military Equipment Use Policy after determining that it is in compliance with state law and the attached ordinance.

Analysis
Discussion of proposed Military Equipment Use Policy
California Government Code Section 7070(d) defines a Military Equipment Use Policy as:
“Military equipment use policy’ means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the commission on peace officer standards and training that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

California Government Code Section 7071(b) requires that the police department post to its website the Military Equipment Use Policy that it plans to propose to the City Council at least 30 days before any public hearing concerning the policy. The police department complied with this requirement by posting the policy Page I-1.2
Staff Report #: 22-074-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org being proposed tonight (included as Attachment B), to its public website March 25, 2022.

California Government Code Section 7071(d) stipulates that the City Council shall only approve the Military Equipment Use Policy if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

California Government Code Section 7070(e) establishes that the police department is responsible for delivering to the City Council an Annual Military Equipment Report, which the City Council can utilize to confirm compliance with the Military Equipment Use Policy and the accompanying Military Equipment Use Ordinance (Chapter 2.70.050.)
The Menlo Park Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use.

That said, California Government Code Section 7070 provides a list of 16 types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the police department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the police department possesses only two (2) types – four (4) items total. The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 and the items possessed by the Menlo Park Police Department is included as Attachment D.
• Equipment types that the police department possesses are noted in bold type. • Equipment listed by legislation but not in possession of this department has been stricken through.

In addition to equipment possessed solely by Menlo Park Police Department, the department participates in a regional SWAT team in collaboration with the police departments of Redwood City and Atherton. The regional SWAT Team jointly possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to California Government Code Section 7070. While the equipment possessed by SWAT is not purchased, owned, or maintained by the Menlo Park Police Department, it could be used in the City of Menlo Park if SWAT is deployed. Therefore, in a manner consistent with other municipalities in San Mateo County, the Menlo Park Police Department for the sake of transparency is disclosing in the Menlo Park Police Department Military Use Policy the equipment available to our regional SWAT team in the extraordinarily rare instance of a SWAT operation in this city. It is important to note that SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations and the execution of high-risk search and arrest warrants. While the equipment SWAT possesses is rarely deployed, it could prove essential to emergency operations when needed.

Of the sixteen (16) types of equipment specified, the SWAT Team possesses only eight (8) types.

The list of the sixteen (16) types of Military Equipment per California Government Code Section Page I-1.3
Staff Report #: 22-074-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org 7070 and the items possessed by our regional SWAT Team with Redwood City and Atherton is included as Attachment E.
• Equipment types that the SWAT Team possesses are noted in bold type. • Equipment listed by legislation but not in possession of SWAT has been stricken through.

While nearly all possible rare circumstances requiring an elevated tactical response might be handled using the equipment listed in Attachments D and E detailing the department and SWAT Team’s equipment, we must acknowledge that an extraordinary and exigent circumstance could unpredictably arise that might require additional equipment not listed. Should this department encounter a circumstance that requires the exigent acquisition, borrowing, and/or use of equipment not listed, this department will:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the police department’s next annual Military Equipment Report.

The Military Equipment Use Policy being proposed by Staff includes detailed information for each type of Military Equipment listed, as required by California Government Code Section 7070. This information includes the equipment’s capabilities, its purpose/authorized uses, the legal/procedural rules governing its use, and the training required of staff before its use.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: 650-330-6300

3. Via mail sent to: Menlo Park Police Department
Attn: Military Equipment Use Coordinator
701 Laurel Street
Menlo Park, CA 94025
Staff has drafted the attached Military Equipment Use Policy, as required by law, for City Council to consider adopting by motion (Attachment B.)
Impact on City Resources
There is no impact on City resources.

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

Public Notice
California Government Code Section 7071(b) requires that the police department post to its website the Page I-1.4
Staff Report #: 22-074-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Military Equipment Use Policy that it plans to propose to the City Council at least 30 days before any public hearing concerning the policy. The police department posted the policy being proposed tonight (included as Attachment B), to its public website March 25, 2022.

Attachments
A. Proposed ordinance
B. Menlo Park Police Department Lexipol Policy 708 – Military Equipment Use C. Text of AB 481
D. Menlo Park Police Department equipment list
E. Regional SWAT equipment list
Report prepared by:

Dave Norris, Police Chief
Page I-1.5
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK, ADDING CHAPTER 2.70 TO THE MENLO PARK MUNICIPAL CODE,

APPROVING A MILITARY EQUIPMENT USE POLICY FOR POLICE SERVICES WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, pursuant to Government Code Section 7071(a)(1), such an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and
WHEREAS, the Menlo Park Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Menlo Park Police Department works closely with other local, county, state and federal law enforcement agencies within San Diego County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, Menlo Park Police Policy 708 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

ATTACHMENT A Page I-1.6
NOW, THEREFORE, the City Council of the City of Menlo Park, California, DOES HEREBY ORDAIN as follows:

Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

Section 2. The City Council finds that this ordinance and Menlo Park Police Policy 708 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 3. The Menlo Park Municipal Code is hereby amended to add Chapter 2.06 to read as follows: See Exhibit A attached hereto.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Menlo Park shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.
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Ordinance No. XXXX

INTRODUCED on the twenty-sixth day of April, 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 May, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Betsy Nash, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Exhibits:

A. Chapter 2.70
Ordinance No. XXXX

Chapter 2.70
“MILITARY EQUIPMENT” USE ORDINANCE
Sections:

2.70.010 Name of Ordinance

2.70.020 Definitions

2.70.030 Military Equipment Use Policy Requirement

2.70.040 Use In Exigent Circumstances

2.70.050 Reports on the Use of Military Equipment

2.70.060 Severability

2.70.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.70.020 Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

EXHIBIT A Ordinance No. XXXX

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Menlo Park.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Menlo Park Police Department.

D. “City Council” means the governing body that is the Menlo Park City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if Ordinance No. XXXX

applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

2.70.030 Military Equipment Use Policy Requirement
A. The Menlo Park Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Menlo Park.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Menlo Park Police Department shall commence a City Council approval process in accordance with this section. If the City Ordinance No. XXXX

Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Menlo Park Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

C. In seeking the approval of City Council, the Menlo Park Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

2.70.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

Ordinance No. XXXX

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

2.70.050 Reports on the Use of Military Equipment.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

Ordinance No. XXXX

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

2.70.060 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

Ordinance No. XXXX

Policy
708
Menlo Park Police Department
Menlo Park PD Policy Manual
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

The Menlo Park Police Department ("MPPD") does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

MPPD also does not possess any equipment through military surplus programs such as the 1033 Program. Notwithstanding the foregoing, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing board for approval.

California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the MPPD, or reasonably likely to be deployed in Menlo Park by other law enforcement partners. 708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
"Department" means the City of Menlo Park Police Department. "Governing body" means the elected or appointed body that oversees the Department. "Military equipment" includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.

ATTACHMENT B Page I-1.15
Menlo Park Police Department
Menlo Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** Military Equipment - 2 • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
708.2 POLICY
It is the policy of the Menlo Park Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Menlo Park Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Page I-1.16
Menlo Park Police Department
Menlo Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** Military Equipment - 3 708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
• Attachment 1: qualifying equipment that is owned and/or utilized by the Menlo Park Police Department. See attachment: ATTACHMENT 1 - MPPD Military Equipment Use Policy - Equipment of MPPD.pdf
• Attachment 2: qualifying equipment that is not owned or regularly utilized by the MPPD, but which is known to be owned and/or utilized by law enforcement agencies which the MPPD collaborates and/ or participates for law enforcement purposes. See attachment: ATTACHMENT 2 - MPPD Military Equipment Use Policy - Applicable to Regional SWAT.pdf
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

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Menlo Park Police Department
Menlo Park PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** Military Equipment - 4 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Menlo Park PD Policy Manual
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** Attachments - 5 Attachments
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Attachment
Menlo Park PD Policy Manual
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** ATTACHMENT 1 - MPPD Military Equipment
Use Policy - Equipment of MPPD.pdf - 6
ATTACHMENT 1 - MPPD Military Equipment
Use Policy - Equipment of MPPD.pdf
ATTACHMENT 1 - MPPD Military Equipment Use Policy - Equipment of MPPD.pdf Page I-1.20
ATTACHMENT 1

MENLO PARK MILITARY EQUIPMENT USE POLICY
EQUIPMENT OF MENLO PARK PD APPLICABLE TO GOV CODE 7070* The Menlo Park Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use.

That said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only two (2) types – four (4) items total.

The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 and the items possessed by the Menlo Park Police Department is included as follows:
• Equipment types that the Police Department possesses are noted in bold type. • Equipment listed by legislation but not in possession of this department has been stricken through.

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

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a) * While the following equipment is exempt from this reporting process per California Government Code Section 7070(c)(10), we have included it in the interests of transparency. Every Menlo Park Patrol Officer is issued .223 caliber, Colt AR-15/ M4 Carbine rifles. The Patrol Rifles have been standard deployed equipment for our Patrol Personnel since about 2005. They may be deployed in special circumstances, such as when the subject is known to possess or is suspected of possessing a deadly weapon or firearm; the subject is beyond the effective range of issued handguns; the subject is known to wear, or is suspected of wearing, body armor; the subject is barricaded, and perimeter officers are at moderate to long distances from the target; the subject is barricaded behind cover that issued handgun ammunition may not effectively penetrate; a field supervisor or watch commander orders the rifle to be deployed; any other situation in which, based on his/her experience and training, the officer deems the deployment of the Patrol Rifle as necessary. Additionally, the Menlo Park Police Department possesses three .308 caliber semi Semi-Automatic rifles. These rifles are in the inventory for use by our SWAT snipers. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) The Police Department possesses two (2) pepper ball launchers. The pepper ball launchers are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a) The Police Department possesses two (2) 40mm less lethal projectile launchers. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

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Attachment
Menlo Park PD Policy Manual
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Menlo Park Police Department ***DRAFT*** ATTACHMENT 2 - MPPD Military Equipment
Use Policy - Applicable to Regional SWAT.pdf
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ATTACHMENT 2 - MPPD Military Equipment
Use Policy - Applicable to Regional SWAT.pdf
ATTACHMENT 2 - MPPD Military Equipment Use Policy - Applicable to Regional SWAT.pdf Page I-1.23
ATTACHMENT 2

MENLO PARK MILITARY EQUIPMENT USE POLICY
EQUIPMENT OF REGIONAL SWAT APPLICABLE TO GOV CODE 7070
In addition to Department-specific operations, the Menlo Park Police Department participates in a regional Special Weapons and Tactics (SWAT) team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to California Government Code Section 7070. While the equipment possessed by SWAT is not purchased, owned, or maintained by the Police Department, it could be used in the City of Menlo Park if SWAT is deployed, and is therefore included in the proposed Military Equipment Use Policy. It is important to note that SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below.
• Equipment types that the SWAT Team possesses are noted in bold type. • Equipment listed by legislation but not in possession of SWAT has been stricken through.

1. Unmanned, remotely piloted, powered aerial or ground vehicles. a) The SWAT Team has access to four (4) Robotex Avatar ground robots. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a) The SWAT Team has access to two (2) command and control vehicles. One is a 2015 Chevy Tahoe and the other is a 2002 Workhorse P42 (Mattman custom built SWAT vehicle). This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
a) The SWAT Team has access to one (1) Remington 870 12 gauge breaching shotgun. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
a) The SWAT Team has access to one (1) Barrett .50 caliber rifle, model 82A1M. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Page I-1.24

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. a) The SWAT Team has access to fifty-two (52) rounds of .50 caliber ammunition. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
a) The SWAT Team has access to twelve (12) Colt M4 fully automatic rifles, thirty-one (31) Heckler & Koch MP5 submachine guns, four (4) Ingram M10 .45 caliber machine guns, one (1) Century Arms Zastava AK47 rifle, one (1) Swiss Arms Model SIG SG550 rifle, and one (1) Thompson submachine gun. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) The SWAT Team has access to sixty-one (61) Defense Technology Flashbangs. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b) The SWAT Team has access to the following chemical agents. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Item Quantity Expiration
Riot Control CS Grenade 10 2026
Triple Chaser CS Grenade 5 2026
Spede Heat CS Grenade 4 2026
Tri Chamber CS Flameless Grenade 10 2026
40mm Skat Shell CS 10 2026
40mm Muzzle Blast 10 2026
40mm Ferret CS Liquid 10 2026
40mm Ferret CS powder 10 2026

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a) The SWAT team has access to thirty-eight (38) Defense Technology 40mm launchers and two (2) Defense Technology 37mm launchers. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Page I-1.25
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
ATTACHMENT C Page I-1.26
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Page I-1.27
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Page I-1.28
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Page I-1.29
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Page I-1.30
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Page I-1.31
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Page I-1.32
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Page I-1.33
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
Page I-1.34
ATTACHMENT 1

MENLO PARK MILITARY EQUIPMENT USE POLICY
EQUIPMENT OF MENLO PARK PD APPLICABLE TO GOV CODE 7070* The Menlo Park Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use.

That said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only two (2) types – four (4) items total.

The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 and the items possessed by the Menlo Park Police Department is included as follows:
• Equipment types that the Police Department possesses are noted in bold type. • Equipment listed by legislation but not in possession of this department has been stricken through.

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

ATTACHMENT D Page I-1.35
a) * While the following equipment is exempt from this reporting process per California Government Code Section 7070(c)(10), we have included it in the interests of transparency. Every Menlo Park Patrol Officer is issued .223 caliber, Colt AR-15/ M4 Carbine rifles. The Patrol Rifles have been standard deployed equipment for our Patrol Personnel since about 2005. They may be deployed in special circumstances, such as when the subject is known to possess or is suspected of possessing a deadly weapon or firearm; the subject is beyond the effective range of issued handguns; the subject is known to wear, or is suspected of wearing, body armor; the subject is barricaded, and perimeter officers are at moderate to long distances from the target; the subject is barricaded behind cover that issued handgun ammunition may not effectively penetrate; a field supervisor or watch commander orders the rifle to be deployed; any other situation in which, based on his/her experience and training, the officer deems the deployment of the Patrol Rifle as necessary. Additionally, the Menlo Park Police Department possesses three .308 caliber semi Semi-Automatic rifles. These rifles are in the inventory for use by our SWAT snipers. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) The Police Department possesses two (2) pepper ball launchers. The pepper ball launchers are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a) The Police Department possesses two (2) 40mm less lethal projectile launchers. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Page I-1.36
ATTACHMENT 2

MENLO PARK MILITARY EQUIPMENT USE POLICY
EQUIPMENT OF REGIONAL SWAT APPLICABLE TO GOV CODE 7070
In addition to Department-specific operations, the Menlo Park Police Department participates in a regional Special Weapons and Tactics (SWAT) team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to California Government Code Section 7070. While the equipment possessed by SWAT is not purchased, owned, or maintained by the Police Department, it could be used in the City of Menlo Park if SWAT is deployed, and is therefore included in the proposed Military Equipment Use Policy. It is important to note that SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below.
• Equipment types that the SWAT Team possesses are noted in bold type. • Equipment listed by legislation but not in possession of SWAT has been stricken through.

1. Unmanned, remotely piloted, powered aerial or ground vehicles. a) The SWAT Team has access to four (4) Robotex Avatar ground robots. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a) The SWAT Team has access to two (2) command and control vehicles. One is a 2015 Chevy Tahoe and the other is a 2002 Workhorse P42 (Mattman custom built SWAT vehicle). This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
a) The SWAT Team has access to one (1) Remington 870 12 gauge breaching shotgun. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
a) The SWAT Team has access to one (1) Barrett .50 caliber rifle, model 82A1M. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

ATTACHMENT E Page I-1.37

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. a) The SWAT Team has access to fifty-two (52) rounds of .50 caliber ammunition. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
a) The SWAT Team has access to twelve (12) Colt M4 fully automatic rifles, thirty-one (31) Heckler & Koch MP5 submachine guns, four (4) Ingram M10 .45 caliber machine guns, one (1) Century Arms Zastava AK47 rifle, one (1) Swiss Arms Model SIG SG550 rifle, and one (1) Thompson submachine gun. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) The SWAT Team has access to sixty-one (61) Defense Technology Flashbangs. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b) The SWAT Team has access to the following chemical agents. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Item Quantity Expiration
Riot Control CS Grenade 10 2026
Triple Chaser CS Grenade 5 2026
Spede Heat CS Grenade 4 2026
Tri Chamber CS Flameless Grenade 10 2026
40mm Skat Shell CS 10 2026
40mm Muzzle Blast 10 2026
40mm Ferret CS Liquid 10 2026
40mm Ferret CS powder 10 2026

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a) The SWAT team has access to thirty-eight (38) Defense Technology 40mm launchers and two (2) Defense Technology 37mm launchers. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Page I-1.38
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: 4/26/2022
Staff Report Number: 22-080-CC
Regular Business: Adopt a resolution affirming the Independent Redistricting Commission’s Redistricting Plan and
the new City Council district boundaries set forth
in Map 131.1 as adopted by the Independent
Redistricting Commission
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) affirming the Independent Redistricting Commission’s (IRC) Redistricting Plan and the new City Council district boundaries set forth in Map 131.1 as adopted by the IRC (Attachment B.)
Policy Issues
Ordinance No. 1081 (Attachment C) reflects the changes made to the City’s Municipal Code in light of the City’s adoption of Resolution No. 6659 (Attachment D), establishing an IRC, to redraw district boundary lines, as authorized by state and federal law.

Background
Until 2017, Menlo Park’s five City Councilmembers were elected at large. In 2017, the City transitioned from at large to by district elections. In 2018, elections in Districts 1, 2 and 4 took place. In November 2020, elections in Districts 3 and 5 took place, completing the full transition to district-based elections.

California Elections Code section 21600 et seq., requires, among other things that following each decennial federal census, and using that census as a basis, the City Council must adopt boundaries for the City Council Districts so that the City Council districts are substantially equal in population as required by the United States Constitution. This process is often referred to as “redistricting.” Since the City Council’s transition to district elections, the State has enacted additional laws governing the redistricting process, including the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (“Fair Maps Act”), which creates standardized redistricting criteria aimed to keep communities together and to prohibit partisan gerrymandering. It also contains expanded community outreach and public hearing requirements and timelines, which more closely track the State redistricting schedule.

On August 31, 2021, the City Council adopted Resolution No. 6659, establishing a seven-member IRC, to redraw district boundary lines, as authorized by California Elections Code section 23000 et seq.

AGENDA ITEM I-2 Page I-2.1
Staff Report #: 22-080-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org On December 14, 2021, the City Council adopted Ordinance No. 1081 to amend Menlo Park Municipal Code section 2.04.210 to provide that the IRC shall adopt the district boundary lines by Resolution.

In accordance with Resolution No. 6659, the first three members of IRC were selected at random November 4, 2021 and those three members conducted interviews of the remaining IRC applicants from November 9 – 12, 2021. On November 18, 2021 the remaining vacancies on the IRC were filled by the initial three-member consensus. The first meeting of the IRC was held December 9, 2021.

Analysis
In accordance with California Elections Code Section 21607.1, the IRC, assisted by GEOinovo, a consultant who specializes in redistricting, and City staff, held seven public hearings and two workshops to gather input from the public on potential new district boundaries.

The IRC reviewed a total of 24 draft maps. Those draft maps all met the following federal requirements:

1. Population equality across districts.

2. Race cannot be the predominant factor or criteria when drawing districts.

3. Compliance with the federal Voting Rights Act of 1965, which, among other things, prohibits districts that dilute minority voting rights, and encourages a majority-minority district, if the minority group is sufficiently large, and such a district can be drawn without race being the predominant factor.

Additionally, the draft maps all satisfied the Fair Maps Act requirements in the following prioritized order:
• District boundaries must be geographically contiguous; • District boundaries must minimize the division of neighborhoods and communities of interest; • District boundaries must be easily identifiable and understandable by residents; • District boundaries must be geographically compact; and • Maps must not favor or discriminate against a political party.

The IRC has met or exceeded the requirements for outreach as prescribed in City Council Resolution No. 6659 and in the Fair Maps Act. The IRC has held a total of seven public hearings, two were held before any review of submitted draft maps. On December 11 and 18, 2021, the IRC held public in-person workshops at the Belle Haven Library and City Council Chambers; both accessible to persons with disabilities. Staff have implemented several public engagement efforts throughout the redistricting process and provided monthly updates to the Commission. Redistricting information has been provided to residents, community groups and local media, in both digital and hard copy, with all hard copy material printed in both English and Spanish. This includes but is not limited to: social media, web digest articles, updates to the redistricting webpage, flyers and map worksheets at City facilities, map workstations at both City libraries, and web and print ads in local news publications. All IRC meetings have included Spanish interpretation and a majority has been recorded in both English and Spanish. Agendas, draft maps, draft minutes, meeting recordings, and all other similar materials have been posted for public review in a timely manner and in compliance with any legal requirements regarding when they must be made available to the public. Public comments were accepted live at all IRC meetings and via email.

A calendar of all IRC meetings and workshops was available on the City redistricting website.

At the March 31, 2022, meeting, the IRC reviewed several remaining maps and directed revisions to Map Page I-2.2
Staff Report #: 22-080-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org 131 to create Maps 131.1 and 131.2. At the April 7, 2022, meeting, the IRC considered the final draft maps: 115, 115.1, 120.2,131, 131.1, and 131.2 and discussed the preliminary redistricting plan and draft map along with a written statement of findings and reasons for proposed adoption. The final selected map, Map 131.1 and preliminary redistricting plan were published on the City website pursuant to Elections Code section 21608(d)(1) and Resolution No. 6659 section 13(f), for a seven-day period before adoption of the map.

On April 14, 2022, the IRC adopted new City Council District boundaries as set forth in Map 131.1 and a final Redistricting Plan. As evidenced by the Redistricting Plan, Map 131.1 is population balanced across all districts with a total population deviation of 8.08 percent based on the 2020 federal census data. Map 131.1 complies with both the federal Voting Rights Act of 1965 and Fair Maps Act requirements. The Resolution adopted by the IRC establishes the City Council district boundaries for the City Council general municipal election November 7, 2022 and for every general municipal election thereafter, until the next decennial census. The sequencing of the elections is identified in Menlo Park Municipal Code 2.04.230, with Districts 1, 2 and 4 electing members of the City Council in 2018 and every four years thereafter and Districts 3 and 5 electing members of the City Council in 2020 and every four years thereafter.

The City Council’s affirmation of Map 131.1 would be a formality as the City Council does not have the ability to make any changes to Map 131.1 or the Redistricting Plan pursuant to Menlo Park Municipal Code section

2.04.210, Resolution 6659 and Elections Code section 23003(l.) The changes to the district boundaries by adoption of Map 131.1 will not affect the terms of incumbent City Councilmembers. California Government Code Section 21626 specifies that the term of office of any City Councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the City Councilmember was elected.

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

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it 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
B. Resolution No. 0002-IRC
Page I-2.3
Staff Report #: 22-080-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org C. Ordinance No. 1081
D. Resolution No. 6659
Report prepared by:

Judi A. Herren, City Clerk
Page I-2.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AFFIRMING THE INDEPENDENT REDISTRICTING COMMISSION’S

REDISTRICTING PLAN AND NEW CITY COUNCIL DISTRICT BOUNDARIES SET FORTH IN MAP 131.1 AS ADOPTED BY THE INDEPENDENT

REDISTRICTING COMMISSION
WHEREAS, following each federal decennial census, a city with district-based elections must redraw the district boundaries so they have substantially equal populations, comply with the federal and state constitutions, and comply with federal and state law, including the federal Voting Rights Act of 1965 and the state FAIR MAPS Act; and WHEREAS, on August 31 2021, the City of Menlo Park City Council adopted Resolution No. 6659, establishing a seven-member Independent Redistricting Commission to adopt the new City Council District bound; and
WHEREAS, the Independent Redistricting Commission of the City of Menlo Park, California was selected on November 18, 2021; and
WHEREAS, on December 14, 2021, the City Council adopted Ordinance No. 1081 to amend Menlo Park Municipal Code section 2.04.210 to provide that the IRC shall adopt the district boundary lines by Resolution; and
WHEREAS, in accordance with California Elections Code Section 21607.1, the Independent Redistricting Commission held seven public hearings to gather input regarding the composition of the City Council districts; and
WHEREAS, at its final public hearing on April 14, 2022, the Independent Redistricting Commission adopted a resolution adopting a Redistricting Plan and the new City Council District boundaries as set forth in Map 131.1 (Exhibit A); and
WHEREAS, the IRC has met or exceeded the requirements for outreach as prescribed in City Council Resolution No. 6659 and in the Fair Maps Act; and WHEREAS, the City Council does not have the ability to make any changes to Map 131.1 or the Redistricting Plan pursuant to Menlo Park Municipal Code section 2.04.210, Resolution 6659 and Elections Code section 23003(l); and
WHEREAS, the sequencing of the elections is identified in Menlo Park Municipal Code

2.04.230, with Districts 1, 2 and 4 electing members of the City Council in 2018 and every four years thereafter and Districts 3 and 5 electing members of the City Council in 2020 and every four years thereafter; and
WHEREAS, California Government Code Section 21626 specifies that the term of office of any City Councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the City Councilmember was elected.

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

Page I-2.5

1. Adopt the foregoing recitals as true and correct.

2. Affirm the Independent Redistricting Commission’s Redistricting Plan and the new City Council district boundaries set forth in Map 131.1 attached hereto as Exhibit 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 twenty-sixth day of April, 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 April, 2022.

Judi A. Herren, City Clerk
Exhibits
A. City Council District map
Page I-2.6
RESOLUTION NO. 0002-IRC

RESOLUTION OF THE CITY OF MENLO PARK INDEPENDENT

REDISTRICTING COMMISSION ADOPTING CITY COUNCIL DISTRICT

BOUNDARIES
WHEREAS, on October 7, 2017, with the adoption of Ordinance No. 1044, the City Council of the City of Menlo Park established by district elections for City Councilmembers and sequencing of elections; and
WHEREAS, Ordinance No. 1044 established five districts from which the City Councilmembers would be elected with City Council District Nos. 1, 2, and 4 beginning at the general municipal election in November 2018, and every four (4) years thereafter, and City Council District Nos. 3 and 5 beginning at the general municipal election in November 2020, and every four (4) years thereafter; and
WHEREAS, California Elections Code section 21600 et seq., requires, among other things, that following each decennial federal census, and using that census as a basis, the city council by ordinance or resolution, must adopt boundaries for any or all of the city council districts of the city so that the city council districts shall be substantially equal in population as required by the United States Constitution (“redistricting”); and
WHEREAS, California Elections Code section 23000 et seq., governs the formation of local independent redistricting commissions; and
WHEREAS, California Elections Code section 23001 provides that a local jurisdiction may establish by resolution, ordinance, or charter amendment an independent redistricting commission, a hybrid redistricting commission, or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries; and WHEREAS, on December 14, 2021 the City Council of the City of Menlo Park adopted Ordinance No. 1081, amending Menlo Park Municipal Code Chapter 2.04 to allow adoption of new district boundaries via resolution of the Independent Redistricting Commission after completion of the redistricting process; and
WHEREAS, on August 31, 2022, the City Council of the City of Menlo Park adopted Resolution No. 6659 creating an Independent Redistricting Commission; and WHEREAS, Resolution No. 6659 section 13(f) requires that the Independent Redistricting Commission adopt a final map and a final redistricting plan, including the final map and a written statement of findings and reasons for adoption, which shall include the criteria employed in the process and a full analysis and explanation of the decisions made by the Independent Redistricting Commission; and
WHEREAS, pursuant to Elections Code section 21607.1(a)(1) and (2), seven (7) public hearings were conducted on the following dates: January 27, 2022, February 10, 2022, March 10, 2022, March 24, 2022, March 31, 2022, April 7, 2022, and April 14, 2022, two (2) of which were held before the draft maps or maps of the proposed City Council boundaries were drawn and five (5) of which were held after the draft maps or maps of the proposed City Council boundaries were drawn; and

ATTACHMENT B
Page I-2.7
WHEREAS, in compliance with Elections Code section 21607.1 (b), (c) and (d), two public workshops were held on a Saturday and five of the public hearings began after 6:00 p.m. on weekdays, and all were accessible to persons with disabilities; and WHEREAS, in compliance with Elections Code section 21608(a), steps were taken to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps include, but are not limited to the following:
x Dedicated webpage for the redistricting process, including mapping tools and redistricting survey: beta.menlopark.org/Government/Commissions-and-committees/IndependentRedistricting-Commission x 662 unique page views
x Almanac web banner advertisement from January 2, 2022 through April 2, 2022 x Redistricting flyers posted at open City facilities
x Redistricting map worksheets placed at Arrillaga Family Gymnasium, Arrillaga Family Recreation Center, Belle Haven Branch Library, City Hall, Menlo Park Library, and Policy Department
x Weekly digest updates via email to approximately 1500 subscribers x Social Media content beginning January 1, 2022
x 27 posts
x 45 post clicks
x 9,663 post impressions/views
x Community Workshops
x December 11, 2021 at the Belle Haven Branch Library; and x December 18, 2021 at City Council Chambers
x Seven participants
x Public Submissions
x IRC reviewed 24 draft maps; and
WHEREAS, in addition to the public engagement process described above, the City also noticed each public hearing in the City’s Adjudicated Newspaper, The San Francisco Examiner.

The City has also posted notice on the City’s website, bilingual available, and at City; and WHEREAS, pursuant to Elections Code section 21608(c), the City established a redistricting website which provided a schedule with the date, time, and location for any public hearing relating to redistricting on the internet at least five days before the hearing and also provided access to redistricting data and software for the purposes of drawing draft maps; and WHEREAS, on April 7, 2022, pursuant to Elections Code section 21608(d)(1) and Resolution No. 6659 section 13(f), the final draft map was selected along with a written statement of findings and reasons for proposed adoption of Map 131.1 and included the criteria employed in the process and a full analysis and explanation of the section of Map 131.1 by the Independent Redistricting Commission; and
WHEREAS, the City Clerk published the preliminary redistricting plan and final draft map in accordance with Elections Code section 21608(d) on April 7, 2022; and WHEREAS, on April 14, 2022, the Independent Redistricting Commission heard comments from the public on the preliminary redistricting plan and final draft map.

Resolution No. 0002-IRC

Page I-2.8

NOW THEREFORE, THE INDEPENDENT REDISTRICTING COMMISSION OF THE CITY OF MENLO PARK DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Independent Redistricting Commission hereby finds that the foregoing recitals are a true and accurate and are incorporated herein by reference.

Section 2. California Environmental Quality Act (CEQA) Determination. This action is exempt from environmental review as the adoption of City Council district boundaries does not qualify as a “project” pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), since it can be seen with certainty that there is no possibility that adoption of the City Council district boundaries would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Section 3. Adoption of City Council District Boundaries and Final Redistricting Plan. Pursuant to City of Menlo Park Municipal Code Section 2.04.210 and in compliance with California Elections Code 21601(a), the City of Menlo Park Independent Redistricting Commission hereby adopts the boundary lines set forth in Map 131.1 for the City Council general municipal election on November 7, 2022, and every city council election thereafter, as depicted in Attachment A, attached hereto and hereinafter incorporated by reference. The Independent Redistricting Commission also adopts its Final Redistricting Plan, attached hereto and hereinafter incorporated by reference as Attachment B and makes the findings, analysis and explanation of decisions relating to the adoption of Map 131.1 set forth therein.

Section 4. Census Blocks and Tracts. The listing of the census blocks and tracts in each City Council district shall be based on the boundaries in Map 131.1 (as depicted in Attachment A), attached hereto as Attachment C and hereinafter incorporated by reference.

Section 5. Authorization for Technical Adjustments. The City’s demographer, GEOinovo, is hereby authorized to make non-substantive technical adjustments to Map 131.1 to finalize Map 131.1 and as necessary to prepare a GIS shapefile which identifies the City Council district boundaries consistent with Map 131.1 as well as the census blocks and tracts in Attachment B attached hereto. The final Map 131.1, the census blocks and tracts and the GIS shapefile shall be in a form approved by the City Clerk and City Attorney.

Section 6. Direction to File Map 131.1. The City Clerk is authorized and directed to file this resolution, Map 131.1, the census blocks and tracts, the GIS shapefile, and any other documents necessary to effectuate the adoption of Map 131.1 with the San Mateo County Assessor-County Clerk-Recorder-Elections Office (“County”). In the case of any parcels that are split across City Council district boundaries, the County shall apply a uniform methodology to adjust the boundary line to a border of the parcel without materially affecting the population within each affected district.

Section 7. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

Section 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or Resolution No. 0002-IRC

Page I-2.9
more sections, subsections, sentences, clauses, phrases, or portions of this Resolution be declared invalid or unenforceable.

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

AYES: Arellano, Gilmer, Bahles, Erhart, Hill, Saad, Wolter 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 nineteenth day of April, 2022.

Judi A. Herren, City Clerk
Exhibits
A. Map 131.1
B. Final redistricting plan
C. Map 131.1 – census blocks and tracts
Resolution No. 0002-IRC

Page I-2.10
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Miles
1 inch = 6,000 feet
4/7/2022
Created By: GEOinovo Solutions Inc
Data Sources: City of Menlo Park
US Census Bureau
Esri Living Atlas
Adopted City Council Districts
District 1 District 2 District 3 District 4 District 5
Menlo Park
City Council Districts
Adopted Council Districts: 2022 Redistricting
Disclaimer: GEOinovo makes no representation
or warranty that the information provided on
this file is accurate and/or has no errors or
omissions. This map is intended for display
purposes only and does not replace official
recorded documents.

EXHIBIT A Resolution No. 0002-IRC

Page I-2.11
City of Menlo Park Demographic Data by District: Pub 131.1 ID 121034 District
Number
(Pub 131.1) Total Pop Latino Latino % White White % Black Black % Native American Native American % Asian Asian % Hawaiian/Pac Islander Hawaiian/ Pac Islander % Other Other % Two or
More
Races
Two or
More
Races %
Total 33,830 6,008 17.8% 18,583 54.9% 1,159 3.4% 185 0.5% 6,814 20.1% 390 1.2% 453 1.3% 238 0.7%District 1 6,478 3,621 55.9% 832 12.8% 745 11.5% 21 0.3% 911 14.1% 223 3.4% 49 0.8% 76 1.2%District 2 6,558 739 11.3% 4,054 61.8% 150 2.3% 61 0.9% 1,347 20.5% 70 1.1% 112 1.7% 25 0.4%District 3 6,850 820 12.0% 4,067 59.4% 108 1.6% 36 0.5% 1,598 23.3% 64 0.9% 113 1.6% 44 0.6%District 4 6,919 453 6.5% 4,740 68.5% 95 1.4% 32 0.5% 1,423 20.6% 19 0.3% 113 1.6% 44 0.6%District 5 7,025 375 5.3% 4,890 69.6% 61 0.9% 35 0.5% 1,535 21.9% 14 0.2% 66 0.9% 49 0.7% Population
District
Number
(Pub 131.1) Total Pop Latino Latino % White White % Black Black % Asian Asian % Other Other % Total 21,440 2,418 11.3% 14,229 66.4% 1,274 5.9% 3,348 15.6% 171 0.8%District 1 3,237 1,308 40.4% 517 16.0% 816 25.2% 484 15.0% 112 3.5%District 2 4,879 293 6.0% 3,308 67.8% 289 5.9% 978 20.0% 11 0.2%District 3 3,959 351 8.9% 2,746 69.4% 131 3.3% 731 18.5% 0 0.0%District 4 4,228 168 4.0% 3,620 85.6% 8 0.2% 416 9.8% 16 0.4%District 5 5,137 298 5.8% 4,038 78.6% 30 0.6% 739 14.4% 32 0.6% City of Menlo Park
Citizen Voting Age Population (CVAP)
District 1 District 2 District 3 District 4 District 5 Ideal/Balance Variance from Ideal Population Variance
Pub 131.1 6,478 6,558 6,850 6,919 7,025 6,766 8.08%
Resolution No. 0002-IRC Page 6 of 17
Page I-2.12
I. Findings
A. Total Population deviation: 8.08%
B. Population variance:

C. Total population by race/ethnicity per district:

D. Citizens of voting age (CVAP) by race/ethnicity per district:

E. Contiguity Criterion (i.e. are the Districts contiguous?): Yes.

F. Preservation of Geographic Integrity Criteria (i.e. minimize division of communities of interest, etc.):

Yes.

G. Compactness: The IRC finds that the City Council Districts created by this Map # 131.1 are compact.

II. Criteria Employed in the Decision Process
x Consistent with the United States Constitution, the IRC sought to adopt new district boundaries that are substantially equal in population, determined by the total population of the 2020 census. Incarcerated persons were counted among the City’s population where their last known residence was within the City’s boundaries.
x The IRC also considered the following criteria in the order prescribed by the California Fair Maps Act (Elections Code section 21601).
o The IRC chose a map with geographically contiguous City Council districts. This Map # 131.1 does not contain any areas that meet only at points of adjoining corners, and no bodies of water separate otherwise contiguous district lines.
o The IRC was aware of and sensitive to maintaining geographic integrity of local communities of interest, focusing largely on ensuring identifiable neighborhoods were not split into many separate districts. In considering communities of interest to maintain, the IRC did not consider relationships with political parties, incumbents, or political candidates. ƒ The following communities of interest are maintained within a single district under Map # 131.1
x Allied Arts/Stanford Park
Ideal/Balance Variance from Ideal
Pub 131.1 6,478 6,558 6,850 6,919 7,025 6,766 8.08%
City of Menlo Park District 1 District 2 District 3 District 4 District 5 Hawaiian/
Pac Islander % Other Other %
Two or
More
Races

1.2% 453 1.3% 238

3.4% 49 0.8% 76

1.1% 112 1.7% 25

0.9% 113 1.6% 44

0.3% 113 1.6% 44

0.2% 66 0.9% 49
19 0.6%
District 5 7,025 375 5.3% 4,890 69.6% 61 0.9% 35 0.5% 1,535 21.9% 14 0.7% 1,598 23.3% 64 0.6%
District 4 6,919 453 6.5% 4,740 68.5% 95 1.4% 32 0.5% 1,423 20.6% District 3 6,850 820 12.0% 4,067 59.4% 108 1.6% 36 0.5% 223 1.2%
District 2 6,558 739 11.3% 4,054 61.8% 150 2.3% 61 0.9% 1,347 20.5% 70 0.4% 6,814 20.1% 390 0.7%
District 1 6,478 3,621 55.9% 832 12.8% 745 11.5% 21 0.3% 911 14.1% Total 33,830 6,008 17.8% 18,583 54.9% 1,159 3.4% 185 0.5% District
Number Total Pop Latino Latino % White White % Black Black % Native
American
Native
American % Asian Asian %
Hawaiian/Pac
Islander
Two or
More
Races %
District 5 5,137 298 5.8% 4,038 78.6% 30 0.6% 739 14.4% 32 0.6% 0 0.0%
District 4 4,228 168 4.0% 3,620 85.6% 8 0.2% 416 9.8% 16 0.4% District 3 3,959 351 8.9% 2,746 69.4% 131 3.3% 731 18.5% 112 3.5%
District 2 4,879 293 6.0% 3,308 67.8% 289 5.9% 978 20.0% 11 0.2% District 1 3,237 1,308 40.4% 517 16.0% 816 25.2% 484 15.0% Asian % Other Other %
Total 21,440 2,418 11.3% 14,229 66.4% 1,274 5.9% 3,348 15.6% 171 0.8% District
Number
(Pub 131.1) Total Pop Latino Latino % White White % Black Black % Asian EXHIBIT B Resolution No. 0002-IRC