City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
REGULAR MEETING MINUTES
Date: 4/26/2022
Time: 6:00 p.m.
Location: Zoom
Regular Session
A. Call To Order
Mayor Nash called the meeting to order at 6:12 p.m.
B. Roll Call
Present: Combs, Mueller (arrived at 7:16 p.m.), Nash, Taylor, Wolosin
Absent: None
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, City Clerk Judi A. Herren
C. Agenda Review
The City Council requested clarification on item J2.
D. Presentations and Proclamations
D1. Proclamation: Earth Day
Mayor Nash read the proclamation (Attachment).
Environmental Quality Commission Chair Angela Evans and Commissioner Tom Kabat accepted the proclamation.
E. Public Comment
Kathleen Daly spoke in support of new housing, especially for teachers, on the Flood School site. Shivani Saran spoke on concerns related to the shootings on Windermere Avenue and in support of the urgent need for mitigation measures.
Todd Stiers spoke on concerns related to the shootings on Windermere Avenue and in support of the urgent need for mitigation measures
Police Chief David Norris commented on the April 25, 2022 Windermere Avenue shooting.
M. Closed Session – public comment only
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)
None.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org 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)
City Clerk Judi Herren introduced the item.
Karen Grove spoke in support of appointing Jackelyn Campos and Adriana Walker to the Housing Commission.
Michal Bortkin spoke on their application to the Housing Commission and in support of increased affordable housing.
Linh Dan Do spoke on their application to the Planning Commission. Adriana Walker spoke on their application to the Housing Commission.
The City Council directed staff to return the remaining two Complete Street Commission appointments and membership size to the City Council and to hold a special recruitment for the Parks and Recreation Commission and Finance and Audit Committee for City Council appointment on May 10, 2022.
The City Council made appointments to fill vacancies on the Complete Streets, Environmental Quality, Housing, Library, and Planning Commissions (Attachment):
Complete Streets Commission:
Sally Cole – term expiring April 30, 2026
Christopher Kollmann – term expiring April 30, 2026
Environmental Quality Commission:
Tom Kabat – term expiring April 30, 2023
Jeffrey Lin – term expiring April 30, 2024
Nancy Larocca Hedley – term expiring April 30, 2026
Jeff Schmidt – term expiring April 30, 2026
Housing Commission:
Adriana Walker – term expiring April 30, 2025
Jackelyn Campos – term expiring April 30, 2026
Library Commission:
Alan Cohen – term expiring April 30, 2026
Sarah Zasslow – term expiring April 30, 2026
Parks and Recreation Commission:
Kelsey Theriault – term expiring April 30, 2026
Planning Commission:
Linh Dan Do – term expiring April 30, 2026
David Thomas – term expiring April 30, 2026
City Council Regular Meeting Minutes
April 26, 2022
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org 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)
Senior Transportation Engineer Kevin Chen made the presentation (Attachment). Adina Levin spoke in support of safety improvements related to the transportation master plan (TMP).
Jacqui Cebrian spoke in support of the pedestrian and bicycle pilot improvements project. Bill Kirsch spoke in support of the pedestrian and bicycle pilot improvements project. Katie Behroozi spoke in support of the pedestrian and bicycle pilot improvements project. Caio Arellano spoke in support of the pedestrian and bicycle pilot improvements project and to reprioritize grade separation.
The City Council discussed safety hazards at the intersection and a crosswalk and timed traffic lights
The City Council received clarification on safety and congestion challenges leading to the pilot, public engagement, and the pilot timeline.
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)
The City Council received clarification on the reactivation of the gymnastics program.
ACTION: Motion and second (Nash/ Combs), to approve the consent calendar, passed unanimously.
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) Police Chief David Norris made the presentation (Attachment). Nabil Saad requested specific instances of the deployment of equipment.
The City Council discussed appreciation for the increased transparency of the item.
The City Council received clarification on additional language to the ordinance’s Section 4 and rare City Council Regular Meeting Minutes
April 26, 2022
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org instances of deployment of equipment in Menlo Park being only in response to very specific public safety and/or officer safety threats.
ACTION: Motion and second (Mueller/ Wolosin), to waive first reading and introduce an ordinance regarding police department acquisition and use of military equipment including the additional language to Section 4 of the ordinance “Menlo Park Police Department Policy 708 setting forth a military equipment use policy is hereby adopted”, to include trend lines on the deployment of equipment in the quarterly reporting to the City Council, and approve the Military Equipment Use Policy, passed unanimously.
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)
City Clerk Judi Herren introduced the item.
Independent Redistricting Commission Chair Caio Arellano reported out to the City Council (Attachment).
Pam Jones spoke in support of the process, the demographer, and Independent Redistricting Commission.
The City Council discussed future process for additional City Council check and resident’s concerns.
ACTION: Motion and second (Nash/ Taylor), to 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, passed unanimously.
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) The City Council requested an update within six-months and to include map of rental unit locations, owner and renter information, and additional analysis related to rental lengths per unit.
K. City Manager's Report
Interim City Manager Justin Murphy reported on the Youth Advisory Committee Earth Day event, the excepting of bids for the Sharon Road sidewalk project, San Francisquito Creek meetings, and an update on the FEMA/BRIC grant application for the SaferBay project.
L. City Councilmember Reports
Vice Mayor Wolosin reported out on the Commute.org board meeting.
L1. Direction on drafting a policy to sunset unused capacity from tax measures (Staff Report #22-083-CC)
City Councilmember Mueller introduced the item.
City Council Regular Meeting Minutes
April 26, 2022
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Adina Levin spoke on the process of this item given the lack of 2022 goals and priorities, city manager transition, and staffing capacity.
The City Council received clarification on the policy related to adding agenda items and current individual City Council requests in queue.
ACTION: Motion and second (Mueller/ ), to direct the item to the Finance and Audit Committee for preparation of a formal staff report with no additional staff support required, failed with no second.
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)
Mayor Nash adjourned to closed session at 9:32 p.m.
Mayor Nash reconvened the meeting at 11:18 p.m.
No reportable action.
N. Adjournment
Mayor Nash adjourned the meeting at 11:19 p.m.
Judi A. Herren, City Clerk
These minutes were approved at the City Council meeting of May 10, 2022.
City Council Regular Meeting Minutes
April 26, 2022
2022 EARTH DAY PROCLAMATION
WHEREAS, Earth Day has been celebrated globally since 1970 to unite around protecting our common environment to ensure future generations will have a safe and sustainable future; and WHEREAS, all people of this Earth, no matter their country, gender, income, race, sexual orientation, gender identity, or abilities, have a right to live in a healthy environment; and WHEREAS, in 2019, the Menlo Park City Council adopted a resolution recognizing the threat of climate change and the urgent need to combat it; and
WHEREAS, in 2020, the Menlo Park City Council adopted its climate action plan with the goal of net zero carbon emissions by 2030; and
WHEREAS, the 2022 United Nations Intergovernmental Panel on Climate Change reported that nations are far off track from meeting commitments to reduce catastrophic climate change; and WHEREAS, the Menlo Park City Council declared a “state of emergency” with respect to climate change, yet is not on track to meet its “Zero Carbon by 2030” goal in its Climate Action Plan; and WHEREAS, local cities, including Menlo Park, helped create Peninsula Clean Energy, which supplies 100% carbon-free electricity for all customers in Menlo Park; and WHEREAS, Menlo Park has notable accomplishments in making progress in protecting the environment, such as:
x adopting all-electric Reach Codes for new construction; x implementing a sustainable green fleet policy;
x purchasing a solar-battery microgrid that will provide clean emergency power for the new community center in Belle Haven; and
WHEREAS, Menlo Park’s successful experience and presence in Silicon Valley gives it a unique opportunity to demonstrate leadership and set an example for other cities to reduce greenhouse gases with innovative, comprehensive, and expeditious approaches; and
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Nash, on behalf of the City Council of the City of Menlo Park, California, encourage all residents and businesses to celebrate the Earth and deepen their understanding of environmental protection, the urgency of climate change, and the need to create a healthier, safer, more equitable future for all people.
Betsy Nash, Mayor
April 26, 2022
AGENDA ITEM D-1 City Council Regular Meeting Minutes
April 26, 2022
F1-PRESENTATION City Council Regular Meeting Minutes
April 26, 2022
PROVIDE DIRECTION ON RAVENSWOOD AVENUE
PEDESTRIAN AND BICYCLE PILOTApril 26, 2022
1 G1-PRESENTATION
City Council Regular Meeting Minutes April 26, 2022 Page 8 of 31 Background
Project re-evaluation Recommendations Next steps
AGENDA
2 City Council Regular Meeting Minutes April 26, 2022 Page 9 of 31
BACKGROUND
3 City Council Regular Meeting Minutes April 26, 2022 Page 10 of 31 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 City Council Regular Meeting Minutes April 26, 2022 Page 11 of 31 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 City Council Regular Meeting Minutes April 26, 2022 Page 12 of 31 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 AVE & ALMA ST) 6 City Council Regular Meeting Minutes April 26, 2022 Page 13 of 31
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
City Council Regular Meeting Minutes April 26, 2022 Page 14 of 31
POTENTIAL IMPROVEMENTS
8 City Council Regular Meeting Minutes April 26, 2022 Page 15 of 31 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 City Council Regular Meeting Minutes April 26, 2022 Page 16 of 31 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 City Council Regular Meeting Minutes April 26, 2022 Page 17 of 31 March 9, Complete Streets Commission
– Pilot recommendations– Public engagement/survey
Community member
FEEDBACK
11 City Council Regular Meeting Minutes April 26, 2022 Page 18 of 31 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 City Council Regular Meeting Minutes April 26, 2022 Page 19 of 31
THANK YOU
13 City Council Regular Meeting Minutes April 26, 2022 Page 20 of 31
ORDINANCE AND POLICY INTRODUCTION
MPPD “Military Equipment” Use Policy and City Ordinance I1-PRESENTATION City Council Regular Meeting Minutes
April 26, 2022
AGENDA
Brief discussion on this required policy and
accompanying City Ordinance
Overview of equipment reportable by
legislation
Transparency & Accountability
Recommendation:
– Introduction of Ordinance to approve policy
– Determination of necessity of this equipment for
public safety, without reasonable alternatives
City Council Regular Meeting Minutes
April 26, 2022
September 30, 2021 AB 481 signed into law:
• New law requires all law enforcement agencies to adopt a Military Equipment Policy
• Policy must be approved by Ordinance
• Prior to funding, acquisition or use
• MPPD is not seeking any new equipment
• Policy describes equipment already in possession for many years • Applicable equipment is only used under rare circumstances requiring elevated tactical operation or heightened public safety need
• Requesting introduction of Ordinance
• Approve policy
• Allow continued use of existing equipment
BACKGROUND
3 City Council Regular Meeting Minutes
April 26, 2022
Menlo Park PD is joining law enforcement agencies across the entire state in this process
San Mateo County Police Chiefs Association – Consistency – Several municipal agencies with regional Special Weapons and Tactics (SWAT) Teams – Provision of two equipment lists – local agency, regional SWAT Important Parts
– The new law uses descriptor “Military Equipment”
• none of this equipment is military surplus, nor designed exclusively for military use – This is NOT newly acquired
• existing equipment, part of use and practice for many years • Rarely used, only when the need for public safety is exceptionally high
PRINCIPLES
4 City Council Regular Meeting Minutes
April 26, 2022
Includes components required by government code:
• Description of the equipment, capabilities, manufacturer, etc. • Purposes and authorized uses
• Cost of obtaining and maintaining
• Legal and procedural rules governing its use
• Training required to use equipment
• Mechanisms in place to ensure compliance
POLICY – MPPD LEXIPOL POLICY 708
5 City Council Regular Meeting Minutes
April 26, 2022
Equipment held by Menlo Park
PD:
– Of the 16 types of equipment
described by law, MPPD possesses 2
• Pepper Ball Launchers
• Less Lethal Projectile Launchers
• EXEMPT but listed: Patrol Rifles
THE EQUIPMENT
6 Equipment jointly held by
regional SWAT with RCPD and
APD:
– Of the 16 types of equipment
described by law, SWAT possesses 8
• Remote Operating “Robots”
• 2 Command/Control Vehicles
• Breaching Tool Shotgun
• .50 Caliber Rifle (Sniper)
• Automatic rifles and machine guns
exclusively for SWAT Operations
• Flashbangs and Chemical Agents
exclusively for SWAT Operations
• Less Lethal Projectile Launchers
ALL equipment on BOTH lists is kept and
deployed exclusively for rare and exceptional
high safety situations and were selected as
necessary because there is no other
alternative that can achieve the same
objective of officer and public safety.
City Council Regular Meeting Minutes
April 26, 2022
TRANSPARENCY
& ACCOUNTABILITY
In compliance with Government Code, policy establishes:
• Future acquisition of military equipment requires a public meeting, policy update and Council approval • Police Department is responsible for preparing Annual Military Equipment Report • Posted on City website
• Shared with the public via a noticed meeting
• Delivered annually to Council to confirm compliance
• ADDED MEASURE – If use of unlisted, unanticipated equipment occurs due to an expanded incident, MPPD will provide details to Council within 30 days of the incident. • Draft Ordinance and Policy posted on City website on March 25, 2022 • At least 30 days prior to this meeting
7 City Council Regular Meeting Minutes
April 26, 2022
Introduce Ordinance to:
• Approve Military Equipment Policy
• Reflects input/feedback from City Attorney
• Ensures compliance with the law
• Make determinations required by Government Code
• The equipment is necessary because there is no reasonable alternative that can achieve the same level of officer and civilian safety
• The policy will safeguard the public welfare, safety, civil rights and civil liberties • Ordinance considered for adoption in May, 2022 (targeting May 10) 8 ACTION REQUESTED
City Council Regular Meeting Minutes
April 26, 2022
THANK YOU
City Council Regular Meeting Minutes
April 26, 2022
City of Menlo Park
Redistricting Plan
City of Menlo Park Independent Redistricting Commission Caio Arellano, Chair
April 26, 2022
I2-PRESENTATION City Council Regular Meeting Minutes
April 26, 2022
Overview of the IRC Workplan 2021-22
• Training and Study Sessions
• Public outreach
• Consideration and selection of the proposed district map • Commission feedback for City staff
City Council Regular Meeting Minutes
April 26, 2022