Agenda — Menlo Park City Council, May 24, 2022 (part 2 of 3)

The City Council reconvened at 7:30 p.m.

F. Regular Business
F1. Adopt fiscal year 2022-23 budget principles and review General Fund forecast as of March 31, 2022, and receive preliminary information about potential service level enhancements and the capital improvement program (Staff Report #22-072)
Interim Finance Director Marvin Davis, Public Works Director Nikki Nagaya, and Interim City Manager Justin Murphy made the presentation (Attachment). • Lynne Bramlett spoke in opposition of an emergency preparedness coordinator and in support of emergency preparedness management.
• Adina Levin spoke in support of the Willow Road safety improvements project. • Pam Jones spoke in support of a comprehensive operations manual, by department and citywide, and in pursuing the relinquishment Willow Road.

Vice Mayor Wolosin provided suggestions for the budget principles (Attachment).

The City Council received clarification on including reference to promotional opportunities for employees within the budget, emergency preparedness coordinator, their level and cost related to Menlo Park Fire Protection District, community service officers labor estimate update, position duties, uniforms, and rehiring previous employees, parking enforcement hours, need, and contract based options, history and reactivation of the gymnastics program, current employees from the previous gymnastic program, centralized recruiting, the graphic designer position, Willow Oaks in the CIP (capital improvement plan), and Hillview school turf replacement contractual agreement.

The City Council discussed updating the Mission Statement of Menlo Park to include the definition of equity, City Council cost recovery goals for all fee-based services, the preliminary service level enhancement positions, CIP new funding requests, trade-offs for gymnastic services with in-house staff and contract base, and climate resiliency position focus.

The City Council showed support for:
• Drought coordination and support – sustainability specialist • SAFER Bay staffing – associate engineer
• Emergency preparedness coordinator – pending request title • Community services officers
• Traffic unit and staffing support – police officers
• Parking enforcement – contract services
• Gymnastics restoration – program assistants, instructors, recreation coordinator • Housing support – Management analyst
• Deputy city clerk restoration – Deputy city clerk
• Graphic designer – Graphic designer
• Climate resiliency – Management analyst
• Eleven annual programmatic CIP projects
• Chrysler pump station replacement
• San Francisquito Creek Upstream
• Automated water meter reading infrastructure
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• Streetlight conversion
• Haven Avenue Streetscape project
• Burgess pool lobby renovation
• Willow Road bicycle and pedestrian improvements
• Kelly Park and Hillview School turf replacement
• Local road safety plan
• Shuttle program evaluation
• Storm system funding study
• Police radio and communication equipment upgrades
• Use of rubberized asphalt and speed feedback sign on Willow Road

The City Council directed staff to return Vice Mayor Wolosin’s updated budget principles for City Council consideration and return an updated Mission Statement for City Council consideration. The City Councils also directed staff to report back at next week’s City Council meeting with service level enhancement, gymnastic restoration, a comprehensive look across all service level enhancements and report back on the timing issue, and justification for the graphic designer position.

ACTION: By acclamation, the City Council extended the meeting past 11 p.m.

G. Informational Items
G1. Personnel activity report as of March 31, 2022 (Staff Report #22-073) H. Adjournment
Mayor Nash adjourned the meeting at 11:01 p.m.

Judi A. Herren, City Clerk
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
REGULAR MEETING MINUTES – DRAFT
Date: 5/10/2022
Time: 6:00 p.m.

Location: Zoom
Regular Session
A. Call To Order
Mayor Nash called the meeting to order at 6:03 p.m.

B. Roll Call

Present: Combs, Mueller, 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
None.

D. Presentations and Proclamations
D1. Proclamation: Recognizing May 2022 as Bike Month (Attachment) Mayor Nash read the proclamation (Attachment).

Complete Streets Commission Chair Sally Cole accepted the proclamation.

D2. Proclamation: May Mental Health Month (Attachment)
Mayor Nash read the proclamation (Attachment).

San Mateo County Mental Health Substance Abuse Recovery Commissioner Frieda Edgette accepted the proclamation.

D3. Presentation: Update on West Bay Sanitary District's water reclamation efforts in Menlo Park West Bay Sanitary District Manager Sergio Ramirez and Senior Principal with Woodard & Curran Dave Richardson made the presentation (Attachment).
• Greg Vontz spoke in support of West Bay Sanitary District's water reclamation efforts in Menlo Park and offsetting the demand on potable water.
• Citizens Committee to Complete the Refuge representative Eileen McLaughlin requested clarification on the levee project timeline.

The City Council received clarification on the levee project timeline, impacts from the threat of sea level rise on the project, coordination efforts with other agencies and neighboring jurisdictions, Page G-1.4

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ecotone levees, providing reclaimed water infrastructure to other areas including Sharon Park, and wildlife safety with reclaimed water.

The City Council discussed scheduling a study session on various sea level rise protection projects along the Menlo Park shoreline, particularly in the area of the Bedwell Bayfront Park entrance.

E. Public Comment
• Jimmy Apffel spoke on an invitation to a Stars and Stripes community run supporting healthcare and hospital workers on July 2, 2022.
• Karen Grove spoke in support of additional low income housing and concerns on City’s current below market rate (BMR) program.

F. Advisory Body Vacancies and Appointments
F1. Consider applicants and make appointments to fill vacancies on the Finance and Audit Committee and the Parks and Recreation Commission (Staff Report #22-085-CC) City Clerk Judi Herren introduced the item.
• Mayrin Bunyagidj spoke on their application to the Park and Recreation Commission (PRC). • Larry Perish spoke on their application to the PRC.
• Brian Kissel spoke in support of Larry Perish’s appointment to the PRC and formally withdrawal their application.
• Miyko Harris-Parker spoke in support of appointing a PRC commissioner to serve all City parks.

The City Council took a brief recess at 7:27 p.m.

The City Council reconvened at 7:31 p.m.

The City Council made appointments to fill vacancies on Finance and Audit Committee and the Parks and Recreation Commission:

Finance and Audit Committee:
• Michael DeMoss – term expiring April 30, 2024
• Susannah Hill – term expiring April 30, 2024
Parks and Recreation Commission:
• Mayrin Bunyagidj – term expiring April 30, 2024
G. Study Session
G1. Study session for a master plan to redevelop the SRI Campus with a residential, office, research and development, and retail mixed-use project located at 333 Ravenswood Avenue (Staff Report #22-091-CC)
Acting Principal Planner Corinna Sandmeier made a presentation (Attachment).

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Applicants Lane Partners representative Mark Murray, SRI International representative John McIntire, and Studios Architecture representative Tom Yee made a presentation (Attachment). • Jen Michel spoke in support of the redevelop the SRI Campus at 333 Ravenswood Avenue and on concerns related to bio swells.
• Kenneth Mah spoke on the need to address impacts on Laurel Street safety. • Margarita Mendez in support of the SRI redevelopment for affordable housing and locations of the bike routes.
• Kalisha Webster spoke in support of the SRI redevelopment for maximizing affordable and accessible housing.
• Philip Bahr spoke in support of SRI community involvement and sustainability and of the SRI redevelopment and requested clarification on Menlo Park resident priority, safety, setbacks, building heights, and parking.
• Blanca Escobedo spoke in support of the SRI redevelopment for affordable housing. • Sue Connelly spoke on concerns of height and density of the proposed project and impacts to traffic safety.
• Denis Gerkin spoke in support of opening the SRI campus to the public and on concerns on the project.
• Karen Grove spoke in support of utilizing all available sites for affordable housing and in support of the SRI project.
• Pam Jones spoke in support of more affordable housing and the SRI redevelopment project. • Nicola Diolaiti spoke on concerns of traffic safety impacts and in support of redistribution of the amenities of the project.
• Ken Chan spoke in support of the additional housing provided by the redevelopment of the SRI site.
• Michael Hart spoke in support of the project but on concerns of traffic safety and impacts to the surrounding neighborhood.
• Peter Chau spoke on concerns on parking, height, density, and traffic congestion on the proposed project and impacts to traffic safety.
• Adina Levin spoke in support of the SRI redevelopment for affordable housing. • Michal Bortnik spoke in support of the SRI redevelopment and increased density. • Steve Pang spoke on concerns to traffic and safety impacts. • Katie Behroozi spoke on upcoming changes to Laurel Street and supports increased density for this project.
• Brooke Cotter spoke in support of the project with reductions in size, traffic mitigations, and bike/pedestrian safety.

The City Council received clarification on homeownership options and increasing housing and decreasing office in the environmental impact report (EIR).

The City Council discussed the proposed development and options to mitigate noise, security, bike and pedestrian safety, shuttle programs, parking ratios, transit passes, Complete Streets Commission consideration, BMR versus affordable housing, onsite amenities versus community amenities, site density and intensity, water usage after the redevelopment, and open space.

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H. Consent Calendar
H1. Accept the City Council meeting minutes for March 22, April 12 and 26, 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 #22-084-CC)
H3. Waive the second reading and adopt Ordinance no. 1089 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 (Staff Report #22-088-CC)
H4. Award a construction contract to Granite Rock Company and approve budget amendment for the Sharon Road sidewalk project and appropriation from the general fund unassigned fund balance (Staff Report #22-090-CC)
ACTION: Motion and second (Combs/ Nash), to approve the consent calendar, passed unanimously.

I. Regular Business
I1. Approve concept designs for the Burgess Park and Willow Oaks Park improvement projects (Staff Report #22-086-CC)
Assistant Public Works Director Tanisha Werner introduced the item.

Callander Associates representatives Brian Fletcher and Nate Ritchie made the presentation (Attachment).

ACTION: By acclamation, the City Council continued the meeting past 11 p.m. • Adina Levin spoke on pedestrian access to the Willows Oaks Park project.

The City Council bifurcated the item and discussed the Willow Oaks Park project.

The City Council received clarification on the drinking fountain and parks and recreation master plan approval.

The City Council discussed relocating the play structure, small and large dog parks, fencing of field, increased Measure T funds for the park, play structure with roof, and signage for field related to the Ravenswood School district ownership.

ACTION: Motion and second (Combs/ Nash), to approve the concept plans for the park improvement project for Willow Oaks Park and direct staff to explore additional usage, passed unanimously.

The City Council discussed the Burgess Park and the other parks in the city needing improvements.

ACTION: Motion and second (Nash/ Combs), to approve the concept plans for the park improvement project for Burgess Park project and direct staff to return with other considerations for park improvements including Sharon Park, passed unanimously.

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J. Informational Items
J1. City Council agenda topics: May – June 14, 2022 (Staff Report #22-089-CC) J2. Pilot project for neighborhood access to Belle Haven School field (Staff Report #22-087-CC) • Pam Jones requested clarification on all the stakeholders on the joint use agreement and concerns on the need for a pilot project to access a field.

K. City Manager's Report
None.

L. City Councilmember Reports
Mayor Nash reported on an ICELEI grant opportunity for $1M for Menlo Spark.

The City Council took a brief recess at 11:58 p.m.

The City Council reconvened at 11:59 p.m.

M. Closed Session
M1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (one potential case)
The City Council continued the closed session to a future meeting.

N. Report from Closed Session
None.

O. Adjournment
Mayor Nash adjourned at 11:59 p.m.

Judi A. Herren, City Clerk
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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: 5/24/2022
Staff Report Number: 22-103-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 G-2 Page G-2.1
Staff Report #: 22-130-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
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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 40 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
ATTACHMENT A Page G-2.3
Resolution No. XXXX

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WHEREAS, the State of California and the City of Menlo Park continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required; and based upon that 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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Resolution No. XXXX

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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-fourth day of May, 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 May, 2022.

Judi A. Herren, City Clerk
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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: 5/24/2022
Staff Report Number: 22-094-CC
Consent Calendar: Adopt a resolution amending City Council Policy CC-22-004 Commissions/Committees Policies and
Procedures, Roles and Responsibilities to update
the Complete Streets Commission membership
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) amending City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities to update the Complete Streets Commission (CSC) membership.

Policy Issues
According to City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities, the CSC is comprised of nine members.

Background
The CSC pilot began in May 2017 as a result of combining the Bicycle and Transportation Commissions (Attachment B.) April 17, 2018, the City Council adopted Resolution No. 6430 (Attachment C) extending the CSC pilot through December 2018. The City Council permanently established the CSC March 5, 2019 (Attachment D.)
All Menlo Park advisory bodies are comprised of seven members, with the exception of the CSC, with nine members.

On April 26, 2022, the City Council made appointments to various advisory bodies, including the CSC. The City received three applications for the four CSC vacancies. The City Council made two appointments, retained two vacant seats on the CSC, and directed staff to return with an item related to the CSC membership size.

At the March 9, 2022, CSC meeting, the Commission discussed advantages and disadvantages of having nine members and by a 7-0 (Jensen and King absent) vote, recommended to the City Council to maintain the CSC as a nine member body (Attachment E.)
Analysis
City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities is proposed to be revised to update the CSC members from nine to seven. Currently, there are two vacancies on the CSC. Should the City Council modify the CSC membership from nine to seven, there would be no impact to the current advisory body member terms and the two remaining vacancies will AGENDA ITEM G-3 Page G-3.1
Staff Report #: 22-094-CC

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

The current CSC members are:
• Altman, Brian – District 4
• Behroozi, Katie – District 2
• Cebrian, Jacqueline – District 1
• Cole, Sally – District 4
• Jensen, Jk – District 3
• King, Lizbeth – District 5
• Kollmann, Christopher – District 3
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 and Exhibit A
B. Resolution No. 6377
C. Resolution No. 6430
D. Resolution No. 6477
E. Hyperlink – March 9, 2022, CSC minutes: menlopark.org/files/sharedassets/public/agendas-andminutes/complete-streets-commission/2022-meetings/minutes/20220309-complete-streets-commissionminutes.pdf Report prepared by:

Judi A. Herren, City Clerk
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RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CITY COUNCIL POLICY CC-22-004

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND

RESPONSIBILITIES TO UPDATE THE COMPLETE STREET COMMISSION

MEMBERSHIP SIZE
WHEREAS, the current membership size of the Complete Streets Commission is nine; and WHEREAS, the remaining Menlo Park advisory bodies are comprised of seven members; and WHEREAS, the City Council desires to update the Complete Street Commission membership from nine to seven.

NOW, THEREFORE, IT IS RESOLVED, that City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities is hereby amended to reduce the Complete Streets Commission membership from nine to seven, as set forth in Exhibit A.

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 May, 2022.

Judi A. Herren, City Clerk
Exhibits:

A. City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities
ATTACHMENT A Page G-3.3

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-22-004
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

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.

Six of the seven 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 EXHIBIT A Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 2
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
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.

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 Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 3
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
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.

Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 4
Adopted March 8May 24, 2022
Resolution No. 6718XXXX

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.

Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 5
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
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.

Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 6
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
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.

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.

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 posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days Formatted: Indent: Left: 0.23"
Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 7
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
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).

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 Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 8
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
• 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
Resolution No. XXXX

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-22-004 9
Adopted March 8May 24, 2022
Resolution No. 6718XXXX
Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
Procedure proposed 5/24/2022 Resolution No. XXXX
Resolution No. XXXX

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RESOLUTION NO. 6377

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENLO PARK AUTHORIZING THE CREATION OF THE

COMPLETE STREETS COMMISSION FOR A ONE-YEAR
PERIOD
WHEREAS, circulation and mobility needs have been identified as a high priority for the coming year; and,
WHEREAS, establishing a one-year pilot of a Complete Street Commission composed of a minimum of seven (7) and a maximum of ten (10) members, all of whom shall be residents who represent varying interests in transportation circulation and safety, was identified to support the City Council’s 2017 Work Plan; and, WHEREAS, the Complete Street Commission will address the following subject areas:
 Coordination of motor vehicle, bicycle, transit, and pedestrian transportation facilities,
 Advising City Council on ways to encourage 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,  Review of the proposed circulation plans for major development projects, and  Coordination with regional transportation systems.

WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore.

NOW, THEREFORE, BE IT RESOLVED, the City Council of Menlo Park does hereby establish the one-year trial of the Complete Streets Commission.

I, Pamela Aguilar, City Clerk of Menlo Park, do hereby certify that the above and foregoing Council Resolution was duly and regularly passed and adopted at a meeting by said Council on the twenty-eighth day of February, 2017, by the following votes:

AYES: Carlton, Keith, Mueller, Ohtaki
NOES: Cline
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-eight day of February, 2017.

ATTACHMENT B Page G-3.13
____________________________
Pamela Aguilar, CMC
City Clerk
Page G-3.14
ATTACHMENT C Page G-3.15
ATTACHMENT D Page G-3.16
Page G-3.17

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Procedure #CC-19-0004
Effective 3/5/2019
Resolution No. 6477
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, Planning Commission, and the Sister City Committee. 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 Resolution No. 6477 EXHIBIT A

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Page G-3.18
2 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 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.

Resolution No. 6477

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Page G-3.19
3 • Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
• Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.
• Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes) • Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Commission/Committee Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

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

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).

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 Resolution No. 6477

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Page G-3.20
4 appropriate staff, as requested.
• Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
• The official record of the commissions/committees will be preserved by preparation of action minutes.

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

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

4. Meeting locations and dates
• Meetings shall be held in designated City facilities, as noticed. • All commissions/committees with the exception of the Planning Commission, Finance and Audit Committee and Sister City Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month. The Finance and Audit Committee and Sister City 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.

Resolution No. 6477

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Page G-3.21
5 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.
• Sister City Committee – Quarterly; Date and time to be determined Each commission/committee may establish other operational policies subject to the approval of the City Council. Any changes to the established policies and procedures shall be subject to the approval of the City Council.

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

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

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

Resolution No. 6477

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Page G-3.22
6 If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the City Clerk’s office and on the City’s website. • The City Clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required. • Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline. Applications sent by email are accepted; however, the form submitted must be signed.
• After the deadline of receipt of applications, the City Clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the City Clerk will extend the application period for an indefinite period of time until sufficient applications are received.
• Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the City Clerk will provide notification to the applicants of the decision of the City Council. • If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
• The selection/appointment process by the City Council shall be conducted open to the public.

Nominations will be made and a vote will be called for each nomination. Applicants receiving the highest number of affirmative votes from a majority of the City Council present shall be appointed. • 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.

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).

Resolution No. 6477

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Page G-3.23
7 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.

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:
• Finance and Audit Committee – five (5) members
• Housing Commission – seven (7) members
• Complete Streets Commission – nine (9) members
• Library Commission – eleven (11) members
Reappointments, resignations, removals
• Incumbents seeking a reappointment are required to complete and file an application with the City Clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one year period is flexible subject to City Council’s discretion).
• Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff.
• The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

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.
• 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.

Resolution No. 6477

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Page G-3.24
8 Vacancies
• Vacancies are created due to term expirations, resignations, removals or death. • Vacancies are listed on the City Council agenda and posted by the City Clerk in the City Council Chambers bulletin board and on the city website.
• Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974). • On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the City Clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

Roles and Responsibilities
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.

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Page G-3.25
9 Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
• Community attitudes about housing (range, distribution, racial, social-economic problems • Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City
• Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
• Members serve with staff on a loan review committee for housing rehabilitation programs and a first time homebuyer loan program
• Review and recommend to the City Council regarding the Below Market Rate (BMR) program • Initiate, review and recommend on housing policies and programs for the City • Review and recommend on housing related impacts for environmental impact reports • Review and recommend on State and regional housing issues • Review and recommend on the Housing Element of the General Plan • The five most senior members of the Housing Commission also serve as the members of the Relocation Appeals Board (City Resolution 4290, adopted June 25, 1991).

Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
• The scope and degree of library activities
• Maintenance and protection of City libraries
• Evaluation and improvement of library service
• Acquisition of library materials
• Coordination with other library systems and long range planning • Literacy and ESL programs
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.

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Page G-3.26
10 Sister City Committee
The Sister City Committee is primary charged with promoting goodwill, respect and cooperation by facilitating cultural, educational and economic exchanges • Develop a mission statement and program plan consisting of projects, exhibits, contacts and exchanges of all types to foster and promote the objectives of the mission statement • Implement the approved program plan upon request of the City Council • Keep the community informed concerning the Sister City program • Advise the City Council on matters pertaining to any sister city affairs • Perform other duties as may be assigned to the committee 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.

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Page G-3.27
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: 5/24/2022
Staff Report Number: 22-096-CC
Consent Calendar: Authorize the city manager to enter into an agreement with EOA, Inc. to perform business
inspections per the City’s stormwater municipal
regional permit
Recommendation
Staff recommends that the City Council authorize the city manager to enter into a three-year agreement (Attachment A) with EOA, Inc. (EOA) to perform business inspections per the City’s stormwater municipal regional permit up to the authorized budget each fiscal year. The three-year agreement would begin in fiscal year 2022-23, up to an authorized budget of $78,250. Staff also recommends an option to extend the agreement on an annual basis for up to three additional years up to the authorized budget.

Policy Issues
The recommended action is consistent with Ordinance No. 859 (Municipal Code Chapter 7.42), “stormwater management program,” which sets to protect and enhance the water quality of our watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act.

Specifically, the stormwater management program ensures the future health, safety and general welfare of City residents by:
• Eliminating non-stormwater discharges to the municipal separate storm sewer; • Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than stormwater; and
• Reducing pollutants in stormwater discharges to the maximum extent practicable.

Background
The San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Order No. R2-2015-0049 (Regional Permit) outlines the State's requirements for municipal agencies to address the water quality and flow-related impacts of stormwater runoff. It is a comprehensive permit, which requires activities related to construction sites, industrial sites, illegal discharges and illicit connections, new development and municipal operations. It also requires a public education program, implementing targeted pollutant reduction strategies, and a monitoring program to help characterize local water quality conditions to evaluate the overall effectiveness of the permit's implementation.

The San Mateo Countywide Water Pollution Prevention Program is a partnership of the City/County Association of Governments, the County of San Mateo, and 20 incorporated cities and towns in the county.

The Countywide Program was established in 1990 to reduce the pollution carried by stormwater into local creeks, the San Francisco Bay, and the Pacific Ocean, and it implements some of the Regional Permit requirements on behalf of the municipalities, including the City of Menlo Park, while other requirements are addressed by the municipalities themselves.

AGENDA ITEM G-4 Page G-4.1
Staff Report #: 22-096-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Provision C.4 of the Regional Permit (Industrial and Commercial Site Control) requires each municipality to implement an industrial and commercial site control program at all sites that could reasonably be considered to cause or contribute to stormwater runoff pollution, with inspections and effective follow-up and enforcement to abate actual or potential pollution sources. Every fiscal year, the City is required to conduct approximately 150 industrial and commercial stormwater inspections. Between September 2011 and December 2017, San Mateo County Environmental Health provided inspection services on behalf of the City, but opted to no longer provide that service to any cities in the County due to insufficient staffing and funding. On January 23, 2018, the City Council approved an agreement with EOA to provide inspection services for fiscal year 2017-18 with an option to extend the agreement on an annual basis for up to three additional years. The agreement was paused for part of fiscal year 2019-20 and fiscal year 2020-21 due to Covid-19, and extended for a third for fiscal year 2021-22.

Analysis
• In order to continue to meet the Regional Permit Provision C.4 inspection requirement, staff released a request for proposal April 15, 2022. Three proposals were received with annual costs ranging between $63,345 and $78,250, with EOA’s proposal being the most comprehensive and therefore the highest cost. Staff reviewed each proposal and recommends EOA for several reasons: Provision C.4 Industrial and Commercial Site Control for over 20 years.
• EOA has a unique understanding of the City of Menlo Park’s Commercial and Industrial Stormwater Control Program as required by the current San Francisco Bay Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049 and the next Municipal Regional Permit 3.0 that will be effective July 1, 2022.
• EOA has performed business inspections for the City since 2018 and is familiar with the City’s Business Inspection Plan and Enforcement Response Plan.
• EOA’s proposed scope of work demonstrated superior understanding of the Countywide and City’s stormwater program.
• EOA’s hourly billing rates are consistent with industry standards and the City’s actual costs accrue on a time and materials basis. EOA’s proposal includes follow-up inspections and illicit discharge inspections which may not be needed, so the City normally spends less for this contract each fiscal year to complete stormwater business inspections than budgeted. For example, in fiscal year 2021-22, EOA’s actual costs were around $45,000 even though the City budgeted around $61,000. For each of the last five years, EOA’s actual costs ranged between 50 percent and 79 percent of budgeted amounts.

EOA’s responsibility would be to create inspection schedules, notify businesses in advance about an upcoming inspection, perform inspections and document findings, educate and distribute best management practices literature as needed, and maintain the inspection database. In addition, they may conduct illicit discharge inspections on an as needed basis. The scope of services to perform business inspections is shown in Attachment B.

Impact on City Resources
Per the City’s Fiscal Policy (User Fee Cost Recovery), stormwater inspections would fall under “high recovery costs” between 70-100 percent since they are regulatory in nature. To recover costs, staff invoices businesses directly for the service.

The three-year agreement would begin in fiscal year 2022-23, with EOA’s costs increasing annually not more than the Bay Area’s Engineering News Record – Construction Cost Index (ENR-CCI.) Staff is also Page G-4.2
Staff Report #: 22-096-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org recommending an option to extend the agreement on a fiscal year basis for up to three additional years with EOA’s costs increasing annually not more than the ENR-CCI. Staff will include contract business inspection costs in the annual budget process.

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 has no potential for resulting 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. Agreement
B. Scope of work
Report prepared by:

Scott Jaw, Assistant Engineer
Pam Lowe, Senior Civil Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director - Engineering Page G-4.3
1 CC Rev 20210301

PROFESSIONAL SERVICES AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF MENLO PARK AND EOA, INC.

THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and EOA, INC, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Commercial & Industrial Stormwater Inspections WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

ATTACHMENT A Page G-4.4
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $78,250 as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

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3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Nicole H. Nagaya
Public Works
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6740
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Ray Goebel
EOA, Inc.

Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page G-4.6
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page G-4.7
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this agreement or which are developed, produced and paid for under this agreement, shall become the property of CITY. The reuse of FIRST PARTY’s work products by City for purposes other than intended by this agreement shall be at no risk to FIRST PARTY.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

Page G-4.8
6 CC Rev 20210301

17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of July 1, 2022 through June 30, 2025 unless extended, amended, or terminated in writing by CITY.

Page G-4.9
7 CC Rev 20210301

25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant IS NOT required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Justin I. C. Murphy, Interim City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
Page G-4.10
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Public Works. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide consultant services set forth in Exhibit A -1, attached hereto.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY shall pay FIRST PARTY an all-inclusive fee of $78,250 as described in Exhibit "A," Scope of Services. All payments, shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Department Head.

Page G-4.11
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

Page G-4.12
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

Page G-4.13
Commercial and Industrial Stormwater Inspections 2022
1 SCOPE OF WORK
Task No. 1 – Familiarization with City Documents
EOA, Inc. (EOA) has a unique understanding of the City of Menlo Park’s (City) Commercial and Industrial Stormwater Control Program (Stormwater Inspection Program) as currently required by the San Francisco Bay Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049 (MRP). Since FY 2017-2018, EOA has assisted the City implement its Stormwater Inspection Program by conducting commercial and industrial stormwater inspection on behalf of the City. As a result, EOA staff is very familiar with the City’s Business Inspection Plan (BIP), Enforcement Response Plan (ERP) and inspection database. EOA assisted the City with development on the current inspection Access database.

The basis for the City’s stormwater inspection program is the City’s Stormwater Ordinance. The Ordinance provides the legal authority for the City to inspect businesses, require implementation of appropriate BMPs and require businesses to implement corrective actions. The Ordinance also contains the authority to prohibit and control illicit discharges to the City’s municipal separate storm sewer system (MS4). It is important for an inspector in the field to be familiar with the City’s Ordinance and understand the source of their authority to inspect a business and require actions. EOA proposes to use its own staff, who are well versed in Ordinance requirements, to conduct stormwater inspections on behalf of the City.

The City’s identification and prioritization of businesses for stormwater inspections is documented in the Business Inspection Plan (BIP). EOA assisted with the update of the SMCWPPP BIP Template, which the City used to update its own BIP. Having knowledgeable stormwater business inspectors who understand the larger Program, can benefit the City during this process of updating the BIP businesses prioritization and inspection frequency.

EOA is familiar with the industrial facilities within the City that have filed a Notice of Intent (NOI) to be covered under the State Industrial Stormwater General Permit, Order 2014-0057-DWQ (IGP) and regularly checks the State Water Resources Control Board SMARTS database for changes to this list of facilities and to review applicable documents that would aid inspections, such as the Stormwater Pollution Prevention Plan (SWPPP) and site map. Data on the facilities and NOI are updated in the City’s database as needed after each inspection.

We understand that the City may be updating the BIP and ERP after the Municipal Regional Stormwater Permit (MRP) is reissued. The permit is expected to be adopted in May 2022 with an effective date of July 1, 2022. Significant changes are not anticipated but the documents should be reviewed and updated, as needed, to be consistent with the new MRP 3.0 Provision C.4 requirements.

Task No. 2 – Conduct Stormwater Inspections
The first task will be to request a list of new businesses that have applied for a business license from the City’s finance department in the past year and review the SMARTS database for new industrial facilities that have filed for coverage. In addition, the City may provide a list of new business licenses from the City’s Finance Department. EOA will review this list of new businesses and determine based on business categories, SIC codes, reviewing Google maps (e.g., identifying home businesses) and googling businesses for more information, if the businesses should be added to the list of stormwater inspections. These businesses will be added to the main facility list, and EOA will prepare a priority list of ATTACHMENT B Page G-4.14
Commercial and Industrial Stormwater Inspections 2022
2 businesses to inspect based on the last inspection date and frequency of inspections (annually, every two or three years, or every 5 years). This list will be the priority list scheduled for FY22-23. EOA will repeat these steps every year and provide this priority list of scheduled inspections to the City no later than July 15th. EOA will utilize GIS or Google Earth to efficiently group businesses on the priority list, based on locations. Utilizing the inspection due dates and groupings, EOA inspectors will schedule inspection days.

The City anticipates approximately 150 stormwater inspections for FY 22-23. Assuming follow-up second inspections at 10% of the businesses (15) and third inspections at 5% (8), it is estimated that there will be 173 commercial and industrial inspections.

EOA will mail a letter to the businesses due for inspection several weeks in advance, notifying them that a stormwater inspection will occur within the next month. The letter will identify that the inspector is a contractor working on behalf of the City. The inspectors will have copies of the letter available during inspections as well. If the business representative onsite is unaware of the stormwater inspection, the inspector will provide a copy of the letter to facilitate explanation.

Inspectors will be completing the SMCWPPP Facility Stormwater Inspection Form for each inspection.

EOA staff is very familiar with this inspection form and has been using the form for stormwater inspections in the City and in other SMCWPPP Permittees’ cities. EOA understands the importance of filling this form out accurately and completely, having conducted numerous trainings and reviewing Regional Water Board stormwater business inspection program audit findings in Notices of Violation (NOV) sent to agencies throughout the Bay Area. In addition to the inspection form, inspectors will take photographs of sites to include with the inspection form. Inspectors will also distribute best management practices (BMP) outreach material to businesses, as needed. Examples of outreach materials available from the SMCWPPP flowstobay.org website are a vehicle service fact sheet, restaurant fact sheet, and general business BMP booklet. There are some outreach materials available in different languages that can help Inspectors communicate with business representatives when English is their second language.

During inspections, inspectors will walk the entire perimeter of the facility and identify actual discharges (i.e., evidence of or active non-stormwater discharge) or potential discharges (e.g. ineffective BMPs) from outdoor areas used for material storage, vehicle or equipment fueling, vehicle or equipment maintenance, waste storage and disposal, wash areas, hazardous materials handling or storage, delivery areas or loading docks, process and manufacturing or rooftop equipment, or other outdoor work areas.

Inspectors will also note storm drain inlets on site or nearby and inspect for possible illegal/illicit connections. EOA staff are familiar with identifying these types of issues given our extensive work conducting inspections, leading trainings, developing BMP outreach material for commercial businesses and developing Stormwater Pollution Prevention Plans (SWPPPs) for industrial facilities. If the inspector observes an active discharge, steps will be taken to have the facility stop the discharge, or the City will be contacted immediately. If a potential discharge is observed, the inspectors will notify the business contact at the end of the initial inspection, note the violation on the inspection form and take a photo of the issue. Inspectors will request that documentation or photographic evidence of the corrective action(s) for the violation(s) be sent electronically within 10 days or prior to the next rain event, whichever is first. The inspector will send reminder emails or call the business before the end of the 10 days if they do not receive any follow up. If no corrective action is implemented by the end of this Page G-4.15
Commercial and Industrial Stormwater Inspections 2022
3 period, the inspector will perform an onsite follow-up inspection (i.e., re-inspection) to verify the status of the corrective actions.

Inspectors will be available to meet with business representatives during normal working hours but will refer businesses to the City for any additional questions beyond the scope of the inspection. If a business representative is not available for the inspection during normal business hours, inspectors will perform an inspection for the visible, accessible portion of the exterior from the public right of way. A copy of the unsigned form, marked “not available” for the facility representative’s signature, will be provided to the business manager.

During inspections at industrial facilities, the inspectors will evaluate if the industry should file a notice of intent (NOI) for coverage under the IGP. The types of facilities required to obtain coverage are defined in Attachment A of the General Permit. If the facility has filed a NOI, the inspector will inspect the site for compliance with the City’s Stormwater Ordinance. However, the inspector may use the General Permit required SWPPP, site map, sampling results and potentially a Qualified Industrial SWPPP Practitioner (QISP) to inform their inspection of the site. If the facility has not filed a NOI, the inspector will document this for the list of non-filers that must be reported to the Regional Water Board in the City’s Stormwater Annual Report or, in MRP 3.0, be made available upon request.

Inspectors will issue enforcement actions (i.e., Verbal Warnings or Notices of Violation) for identified violations based on the City’s Enforcement Response Plan (ERP). EOA assisted with the update of the SMCWPPP ERP Template, which the City used for its most recent update of the ERP, and has assisted other SMCWPPP members develop and/or update their ERPs. When EOA Inspectors issue Verbal Warnings, the inspection form provided to the business contact serves as the documentation of the enforcement action. Verbal Warnings are typically the first enforcement action issued. If there is a major violation or escalation of enforcement action is needed, EOA will immediately inform the City. EOA will prepare the Notice of Violation (NOV) enforcement action documentation for the City Engineer’s signature, as needed.

The MRP requires specific inspection data be tracked in an electronic database or table. EOA staff is very familiar with the City’s current Access inspection database and will enter inspection data into the database following each inspection day. EOA will upload completed scanned Inspection Forms and attach photographs, as needed, titled in the format “123 Address – MMDDYY Inspection type”, to a Dropbox folder, whose link will be provided the City during email updates. The inspection type may be First Inspection or Follow-up Inspection.

For time periods where inspections are conducted, monthly updates will be provided to the City via email by the first day of the month of the following month, or during the first week if inspections were conducted less than two days before. These monthly updates will include a summary table of the inspections conducted to date from the City’s database, including any follow-up or illicit discharge inspection, a list of enforcement actions issued during the month, updates on outstanding enforcement actions from the previous month, the link to the digital Inspection Forms and photos, and a list of inspections tentatively scheduled for the next month. EOA staff will meet with City staff regarding the status of inspections as needed or as directed by City staff.

An Annual Inspection Summary Report will be submitted to the City by June 15th each year. The report will include a summary of first and follow-up inspections completed the previous fiscal year. The list will be an Excel table with the name, address, business type, license number (as provided by City), contact Page G-4.16
Commercial and Industrial Stormwater Inspections 2022
4 information, inspection date, inspection type and findings. EOA will also provide a summary of the data that is needed to complete the Stormwater Annual Report forms.

EOA inspectors will have the equipment needed to conduct inspections including digital camera, vehicle, mobile phone for immediate contact by the City, valid driver’s license and insurance. If sampling is required, the City will provide appropriate sampling containers and equipment. Currently the triplicate SMCWPPP inspection form that require a business representative signature are used in the field, and inspection data is the City’s database. If the City develops a data management system that utilizes electronic field forms in the future, EOA will work with City to ensure inspectors have the appropriate equipment (e.g., tablet with Wi-Fi capability).

EOA’s overall approach to the stormwater business inspection task is to provide more than just field inspectors who visit businesses, but to actively contribute to the City’s Stormwater Program. For example, while in the City’s jurisdiction the inspector will be looking for businesses not identified on the Facility Inspection List, reporting illicit discharges observed, providing recommendations for revising business inspection priorities and frequency, and educating businesses on stormwater issues and BMPs.

Task No. 3 – Conduct Illicit Discharge Inspections
EOA staff will conduct illicit discharge inspections at businesses, including mobile businesses, as needed.

The City will notify EOA when an illicit discharge inspection is needed at a facility. The Stormwater Facility Inspection Form will be completed and an inspection performed in the same manner as described in Task No. 2. The only difference is that these inspections will be on-demand and reactive inspections instead of scheduled, proactive inspections. EOA is assuming only two illicit discharge inspections a year for budgeting. This estimate was based on only 1 to 3 illicit discharge complaints being reported in the past several years’ Stormwater Annual Reports.

Page G-4.17
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-098-CC
Consent Calendar: Adopt a resolution of preliminary approval of the engineer’s report for the Menlo Park Landscaping
Assessment District and adopt a resolution of
intention to order the levy and collection of
assessments for the Landscaping Assessment
District for fiscal year 2022-23
Recommendation
Staff recommends that the City Council:

1. Adopt a resolution (Attachment A), the preliminary approval of the engineer’s report for the Landscaping Assessment District for fiscal year 2022-23, which proposes: an increase to the tree assessment by approximately three percent, resulting in $88.72 per single family equivalent per year and an increase to the sidewalk assessment by approximately three percent, resulting in $47.40 per single family equivalent per year; and

2. Adopt a resolution (Attachment B), the intention to order the levy and collection of assessments for the Landscaping Assessment District for fiscal year 2022-23 pursuant to the Landscaping and Lighting Act of 1972 and set the date for the public hearing for June 28, 2022.

Policy Issues
If the City Council does not order the levy and collection of assessments, the impact on City general fund resources would be approximately $1,117,000. This represents the total amount of the proposed tree and sidewalk assessments. Without the levy, the programs to repair sidewalks, maintain street trees, and sweep streets would be suspended.

Background
The Landscaping Assessment District provides funding for the maintenance of street trees, street sweeping and sidewalk repairs due to street tree root damage throughout the City.

Tree maintenance
Between 1960 and 1982, the City had a three-person tree crew to care for City parks, medians and street trees. At that time, the tree crew trimmed street trees as requested by residents. There was no specific long-term plan in place to address tree maintenance. As the street trees grew, it took considerably more effort per tree to provide proper care and the City did not have the resources to keep up with the required maintenance needs.

The voters approved Measure N in 1982 as an advisory measure to the City Council regarding formation of the City Landscaping Assessment District. The Landscaping Assessment District was formalized in 1983 to provide proper street-tree maintenance. Programmatic changes have occurred over the past 39 years to address new regulations and maintain the existing tree canopy. Proper care of the tree canopy continues to AGENDA ITEM G-5 Page G-5.1
Staff Report #: 22-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org be identified as a priority by residents, the Environmental Quality Commission and the City Council.

In 1998, the City expressed concern regarding the declining health of the trees, of which 80 percent were classified as mature trees. Due to the lack of City resources to maintain older trees, there was a growing concern that most of the street trees would fail around the same time. Consequently, the City moved forward in adopting proactive measures to minimize the risk of failure by replacing mature unhealthy trees with younger healthier trees.

In 1998, the City went through a Proposition 218 ballot measure to increase landscape assessment fees.

Proposition 218 requires that property owners be given written notice and the opportunity to protest before increasing any property-related fees. The landscape assessment fee increase ballot measure was approved by voters. The approval of this ballot measure resulted in an increased assessment and frequency of the tree trimming/evaluation schedule, from once every seven years to once every five years. In addition, the City implemented a reforestation program with a portion of the Landscaping Assessment District funds in fiscal year 2008-09.

Street sweeping
Street sweeping is performed throughout the City to remove debris for aesthetic purposes, bicycle and pedestrian safety, and health reasons, as well as compliance with stormwater regulations to improve water quality. Street sweeping work has been performed by contract services since 1992.

City tree-damaged sidewalk repair
As trees mature, their extensive network of roots inevitably breaks through and uplifts the sidewalk. Without a proactive saw cutting and/or sidewalk removal and replacement program, the sidewalks will deteriorate, become tripping hazards, and be more costly to repair over time.

Before 1990, property owners and the City split the cost of repairing damaged sidewalks by City street trees. Each year, the City entered into individual agreements with approximately 200 property owners to conduct these repairs. The annual cost was a financial burden to some residents on fixed incomes and burdensome for the City to administer; therefore, the City established an assessment for sidewalk repair in 1990 to make the program more cost-effective and efficient to operate. Other damage to sidewalks not caused by city trees remains the responsibility of the adjacent property owner to repair, per municipal code section 13.08.

Analysis
Each fiscal year, the City Council directs the preparation of an engineer’s report, budget and proposed assessments before the assessments can be levied. The engineer’s report establishes the foundation and justification for the continued collection of the landscape assessments. On March 8, 2022, the City Council adopted resolution No. 6714 directing the preparation of an engineer’s report for the Landscaping Assessment District for fiscal year 2022-23. In developing the engineer’s report, staff and the consultant reviewed the existing budget and operating needs to maintain street trees and sidewalk repair requirements at the current level of service. The proposed budget and findings from the engineer’s report are described below.

Approval of engineer’s report
SCI Consulting Group has completed the preliminary engineer’s report (Attachment C) for the Landscaping Assessment District, which includes the proposed fiscal year 2022-23 budget. The budget covers tree maintenance, the City’s street sweeping program, and the sidewalk repair program. The report describes in detail the method used for apportioning the total assessment among properties within the Landscaping Assessment District. This method involves identifying the benefit received by each property in relation to a Page G-5.2
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org single-family residence.

Tree maintenance assessment
Staff has contracted with West Coast Arborists since 2004 to perform tree grid trimming, planting and removal, and emergency services as necessary. The grid trimming, which consists of the majority of work performed by West Coast Arborists, involves the pruning of a set number of trees on an annual basis.

Currently, the City performs tree grid pruning on a five-year cycle. The grid pruning strategy is common practice within municipal arboriculture, as it becomes cost effective to maintain the trees on a regular basis.

When pruning is deferred for longer periods, fast growing trees can become prone to limb failure and hazards, requiring more expensive measures in the long run.

On September 10, 2014, the City Council approved a five-year contract with authorization to extend the contract term for up to five additional years with West Coast Arborists for tree maintenance. The contract with West Coast Arborists expires June 30, 2024. For fiscal year 2022-23, West Coast Arborists requested a five percent increase. This increase is generally consistent with annual engineering news record cost escalation in the San Francisco-San Jose Bay Area each year and an increased demand for tree services due to maintenance being performed by utility companies in response to wildfire risk near electric lines. The Tree Maintenance Program expenditures include the contract for grid tree pruning services, debris removal (includes street sweeping), general operating expenses, vehicle and equipment maintenance and the salaries and benefits associated with the staff time required to manage the program and work on street trees.

The street sweeping contractor, Contract Sweeping Services Inc., is under a five-year contract expiring in June 30, 2023. The contract identifies rates for each fiscal year, and the identified increase for fiscal year 2022-23 is three percent. Currently, a combination of San Mateo County Measure M funds and the landscape assessment fund street sweeping contract services. The Measure M funding, administered by the City/County Association of Governments of San Mateo County, was approved by the voters of San Mateo County in 2010. It imposes an annual fee of $10 on registered motor vehicles for congestion and water pollution mitigation programs. Based on estimates from City/County Association of Governments, Measure M funding is anticipated to decrease by $6,000 in fiscal year 2022-23.

As shown in Table 1, a fund balance of approximately $288,000 is projected to be carried over from fiscal year 2021-22. Per the Landscape and Lighting Act, the assessment is reduced by the projected balance, which is less than or equal to the costs necessary to perform maintenance and services until the County distributes the first assessment payment. The program revenues and expenditures are usually equivalent.

However, in the fiscal year 2022-23, the estimated expense for the street tree maintenance includes costs for purchase of tree chipper truck and tree forestry truck, approved by the City Council October 26, 2021.

The estimated costs for tree chipper truck and tree forestry truck are $151,000 and $343,000, respectively, and 50 percent of the total costs are budgeted to be addressed by the landscape assessment.

Page G-5.3
Staff Report #: 22-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: Tree maintenance assessments
Proposed fiscal year 2022-23 budget
Projected beginning fund balance $288,317.99
Estimated revenues:

Tree assessment revenue $794,064.41
General fund contribution $341,505.00
Measure M funds $140,000.00
Total $1,275,569.41
Estimated expenses:

Street tree maintenance $1,039,967.00
Debris removal (including street sweeping services) $285,669.00 Administration and County assessment fees $163,052.00
Total $1,488,688.00
Projected ending fund balance $75,199.40
Table 2 summarizes the proposed rates for parcels with and without street trees. The assessment for properties without street trees, but in close proximity to parcels with street trees, is 50 percent of the tree assessment due to the direct benefit of the nearby trees.

Table 2: Annual tree assessment rates
Proposed fiscal year 2022-23 (3% increase)
Property type Properties with trees Properties without trees Single family $88.72 per parcel $44.36 per parcel
R-2 zone, in use as single family $88.72 per parcel $44.36 per parcel Condominium/townhouse $79.85 per unit
$399.24 max. per project
$39.92 per unit
$199.62 max per project
Other multifamily $70.98 per unit
$354.88 max per project
$35.49 per unit
$177.44 max. per project
Commercial $88.72 per 1/5 acre
$443.60 max. per project
$44.36 per 1/5 acre
$221.80 max. per project
Industrial $88.72 per 1/5 acre
$443.60 max. per project
$44.36 per 1/5 acre
$221.80 max. per project
Parks, educational $88.72 per parcel $44.36 per parcel
Sidewalk assessment
The sidewalk repair program includes sidewalk, curb, gutter and parking strip repair and replacement due to damage cause by street trees. In fiscal year 2022-23, the program has a proposed $550,000 budget. The program is comprised of two separate contracts, one for sidewalk saw cutting ($100,000) and the other for sidewalk replacement ($450,000.) Significant cost increases in this contract are not expected for fiscal year 2022-23. Under the saw cutting program, the City retains a contractor to address minor tripping hazards, which are fixed by performing horizontal saw cuts rather than removing the entire sidewalk section. Since Page G-5.4
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org the City adopted this approach, it has reduced the need for complete concrete removal, which has resulted in significant cost savings and environmental benefits by reducing waste and need for new raw materials for concrete over the years.

For the sidewalk replacement program, the City’s existing contract with Golden Bay Construction will expire at the end of next fiscal year. As a result, staff will enter a bidding process in the fiscal year 2022-23 and anticipates the contract cost to increase by approximately 10 percent due to the rising materials and labor costs in recent years. During the fiscal year 2021-22, approximately 55 to 60 locations were replaced.

However, despite increased funding and service levels the last two years, the annual sidewalk replacement needs continue to exceed the budgeted amount and a backlog of requests still exists. While the program has made progress in reducing the number of backlogged locations, approximately 30 locations identified from previous years remain. Staff is recommending a three percent increase to the sidewalk repair assessment to continue addressing ongoing sidewalk maintenance.

Table 3: Sidewalk, curb, gutter, parking strip assessment rates Proposed fiscal year 2022-23 (3% increase)
Assessment rate
Parcels with trees
Sidewalks, curbs, gutters $47.40 (per parcel)
Parking strips and gutters $47.40 (per parcel)
Curbs and/or gutters only $31.76 (per parcel)
No improvements $15.64 per parcel)
Parcels without trees
Parcels with or without improvements $15.64 (per parcel) Table 4: Sidewalk assessments
Proposed fiscal year 2022-23 budget
Projected beginning fund balance $76,023.57
Estimated revenues:

Sidewalk assessment revenue $322,994.98
General fund contribution $250,000.00
Total $572,994.98
Estimated expenses:

Sidewalk, curb, gutter parking strip repair/replacement $550,000.00 Total $550,000.00
Projected ending fund balance $99,018.55
Page G-5.5
Staff Report #: 22-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Assessment
The assessments are subject to an annual adjustment based on the engineering news record construction cost index (CCI) for the San Francisco Bay Area. The maximum authorized assessment rate for fiscal year 2022-23, based on current and accumulated unused CCI increases reserved from prior years is summarized in Table 5 below. These increases are legally permissible without additional ballot proceedings.

The comparison assessments for single-family properties with City trees and sidewalks levied in fiscal year 2022-23 and the proposed rates for fiscal year 2022-23 are shown in Table 5.

While the ongoing cost of maintenance of trees and sidewalks has significantly increased since the inception of the Landscaping Assessment District, the City has tried to minimize rate increases. Incremental rate increases combined with monies allocated from the general fund ensures the maintenance program remains proactive while maintaining a balanced funding approach.

Table 5: Assessment (annual, per SFE)
Fiscal year 2022-23
Assessment Fiscal year
2021-22 rate
Percent
increase
Fiscal year
2022-23 rate
Amount
increase
Maximum
allowable
assessment
Tree assessment $86.15 3.0% $88.72 $2.51 $124.73
Sidewalk assessment $46.02 3.0% $47.40 $1.34 $55.69
If the City Council approves the attached resolutions, staff will publish a legal notice of the assessment public hearing at least 10 days before the hearing, which is tentatively scheduled for June 28, 2022. Once the assessments are confirmed and approved, the levies will be submitted to the County Controller for inclusion onto the property tax roll for fiscal year 2022-23.

Impact on City Resources
Funding for the entire tree maintenance, street sweeping and sidewalk repair programs under the Landscaping Assessment District come from a variety of sources, including the carry-over of unspent funds from prior years, annual tax assessment revenues, and contributions from the general fund. If the City Council does not order the rate increase, levy and collection of assessments, the impact on City general fund resources would be $1,117,059.38 (the total amount of the proposed tree and sidewalk assessments) or the program to repair sidewalks, maintain street trees, and sweep streets would be suspended.

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

Page G-5.6
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Resolution of preliminary approval of the engineer’s report B. Resolution of intention to order the levy and collection of assessments C. Engineer’s report dated May 2022
Report prepared by:

Esther Jung, Associate Transportation Engineer
Reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering Nicole H. Nagaya, Public Works Director
Page G-5.7
RESOLUTION NO. XXXX
RESOLUTION OF PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT

FOR THE CITY OF MENLO PARK LANDSCAPING DISTRICT FOR FISCAL YEAR 2022-23
WHEREAS, on the eighth day of March, 2022, the Menlo Park City Council did adopt Resolution No. 6714, directing preparation of the Engineer’s Report for the City of Menlo Park Landscaping District (District) for Fiscal Year 2022-23, pursuant to provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, in said City and did refer the proposed improvements to SCI Consulting Group and did therein direct SCI Consulting Group to prepare and file with the Clerk of said City a report, in writing, all as therein more particularly described, under and in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and WHEREAS, said SCI Consulting Group prepared and filed with the City Clerk of said City a report in writing as called for in Resolution No. 6714 and under and pursuant to said Article and Act, which report has been presented to this City Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof, should be modified in any respect.

NOW, THEREFORE, BE IT RESOLVED THAT IT IS HEREBY FOUND, DETERMINED, and ORDERED, AS FOLLOWS:

1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the District contained in said report, be, and they are hereby, preliminarily approved;

2. That the Engineer’s estimate of the itemized and total costs and expenses of said improvements, maintenance, and servicing thereof, and of the incidental expenses in connection therewith, contained in said report be, and each of them is hereby, preliminarily approved;

3. That the diagram (Exhibit A) showing the exterior boundaries of the District referred to and described in said Resolution No. 6714 and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor’s maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report be, and it is hereby, preliminarily approved;

4. That the proposed continued assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, as contained in said report be, and they are hereby, preliminarily approved; and

5. That said report shall stand as the Engineer’s Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 6714.

ATTACHMENT A Page G-5.8
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-fourth of May, 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 __ of May, 2022.
_____________________________
Judi A. Herren, City Clerk
Exhibits:

A. Exterior boundaries of the District
Resolution No. XXXX

Page 2 of 3 ends

MENLO AVE
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RAVENSWOOD AVE

GLENWOOD AVE

MARSH RD

SANTA CRUZ AVE
BAY RD

BAYFRONT

EXPRESSWAY

RINGWOOD AVE

OAK GROVE AVE

WILLOW RD

MIDDLEFIELD RD

ALAMEDA DE LAS PUL
GAS

MIDDLE AVE
EL CA
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O REAL
HWY 280
ALPINE
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SAND HILL
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UNIVERSITY AVE
HWY 101

VALPARAISO AVE
±
City Limits
Landscape Assessment District
Parcels
Landscape Assessment District
Reference is hereby made to the maps and deeds recorded in the Office of The Assessor of the County of San Mateo for a detailed description of the lines and dimensions of any parcels shown herein.

Those maps shall govern for all details concerning the lines and dimensions of such parcels. Each parcel is identified in said maps by its distinctive parcel number.
0 0.5 1 2
Miles
Resolution No. XXXX

Page 3 of 3 ends

RESOLUTION NO. XXXX

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

MENLO PARK TO ORDER THE CONTINUATION AND COLLECTION OF

ASSESSMENTS FOR THE CITY OF MENLO PARK LANDSCAPING
DISTRICT FOR FISCAL YEAR 2022-23 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, pursuant to Resolution No. 6714 directing the preparation of the Engineer’s Report for Fiscal Year 2022-23 for the City of Menlo Park Landscaping District, adopted on March 8, 2022, by the City Council of Menlo Park; and
WHEREAS pursuant to provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, SCI Consulting Group for said City has prepared and filed with the City Clerk of this City the written report called for under and in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and
WHEREAS, by said Resolution No. 6714, which said report has been submitted and preliminarily approved by this City Council in accordance with said Article and Act.

NOW, THEREFORE, BE IT RESOLVED, THAT IT IS HEREBY FOUND, DETERMINED, and ORDERED, AS FOLLOWS:

1. In its opinion, the public interest and convenience require, and it is the intention of this City Council, to order the continuation and collection of assessments for Fiscal Year 2022-23 pursuant to the provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit A hereto attached and by reference incorporated herein;

2. The cost and expense of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as “City of Menlo Park Landscaping District” (District) the exterior boundaries of which District are the composite and consolidated area as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the District and the general location of said District;

3. Said Engineer’s Report prepared by SCI Consulting Group, preliminarily approved by this City Council, and on file with the Clerk of this City, is hereby referred to for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the District;

4. The authorized maximum assessment rates for the District include an annual adjustment by an amount equal to the annual change in the Engineering News Record Index, not to exceed 3.00 percent per year, plus any uncaptured excesses. Assessment rates for the tree portion of the assessments are proposed to increase during Fiscal Year 2022-23 by

3.00 percent. Including the authorized annual adjustment, the maximum authorized assessment rate for street tree maintenance for Fiscal Year 2022-23 is $124.73 per single family equivalent benefit unit, and the assessment rate per single family equivalent benefit unit for Fiscal Year 2022-23 is $88.72 which is less than the maximum authorized rate.

Assessment rates for the sidewalk repairs portion of the assessments are proposed to ATTACHMENT B Page G-5.11
increase during Fiscal Year 2022-23 by 3.00 percent. Including the authorized annual adjustment, the maximum authorized assessment rate for sidewalk maintenance for Fiscal Year 2022-23 is $55.69 per single family equivalent benefit unit, and the assessment rate per single family equivalent benefit unit for Fiscal Year 2022-23 is $47.40, which is less than the maximum authorized rate;

5. Notice is hereby given that Tuesday, the twenty-eighth day of June, 2022, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, by virtual meeting available, at which time and place interested persons may participate and be heard on, and the same are hereby appointed and fixed as the time and place for a Public Hearing by this City Council on the question of the continuation and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer’s estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer’s Report;

6. The City Clerk of said City is hereby directed to give notice of said Public Hearing by causing a copy of this resolution to be published once in The Examiner, a newspaper circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of public hearing specified herein; and

7. The Office of the Public Works Director of said City is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the Civic Center, 701 Laurel Street, Menlo Park, California, 94025, or by calling (650) 330-6740.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ of May, 2022.
_____________________________
Judi A. Herren, City Clerk
Exhibits:

A. City of Menlo Park Landscaping District
Resolution No. XXXX

Page 2 of 3 ends

City of Menlo Park Landscaping District
Maintaining and servicing of street trees, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health, and beauty of landscaping, including cultivation, trimming, spraying, fertilizing, or treating for disease or injury, the removal of trimmings, rubbish, debris, and other solid waste, and water for the irrigation thereof, and the installation or construction, including the maintenance and servicing thereof, of curbs, gutters, sidewalks, and parking strips.

Resolution No. XXXX

Page 3 of 3 ends

FY 2022-23 ENGINEER’S REPORT
City of Menlo Park
Landscaping Assessment District
June 2022
ATTACHMENT C Page G-5.14

ATTACHMENT C
Page G-5.15
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page i
City of Menlo Park
Menlo Park City Council
Mayor Betsy Nash
Vice Mayor Jen Wolosin
Council Member Drew Combs
Council Member Ray Mueller
Council Member Cecilia Taylor
Interim City Manager
Justin Murphy
City Clerk
Judi Herren
City Attorney
Nira Doherty
Engineer of Work
SCI Consulting Group
Lead Assessment Engineer, John Bliss, M.Eng., P.E.

Page G-5.16
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page ii
Table of Contents
Introduction 1
Assessment Background 1
Legal Analysis 3
Plans & Specifications 6
Method of Assessment 7
Discussion of Benefit 7
Benefit Factors 8
General vs. Special Benefit 10
Method of Assessment 11
Assessment Apportionment - Street Trees 12
Assessment Apportionment - Sidewalk Program 14
Assessment Apportionment - Other Properties 14
Appeals and Interpretation 15
Assessment 17
Assessment Diagram 22
Appendix A – Assessment Roll, FY 2022-23 24
Page G-5.17
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page iii
List of Figures
Figure 1 – Residential Assessment Factors....................................................................... 13 Figure 2 – Tree Maintenance Assessments ...................................................................... 16 Figure 3 – Sidewalk, Curb, Gutter, Parking Strip Assessments......................................... 16 Figure 4 – Summary Cost Estimate ................................................................................... 17 Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2022-23................................................. 20 Page G-5.18
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 1 ends

Introduction
Assessment Background
Between 1960 and 1982, the City of Menlo Park had one three-person crew to care for approximately 9,000 City trees. As the trees grew, it took considerably more time per tree to provide proper care. Consequently, one tree crew was unable to perform the necessary work to maintain all of the street trees in proper condition. The Landscape Assessment District was originally formed in 1983 for the purpose of levying annual special assessments in order to properly maintain street trees in the City of Menlo Park.

Currently, there are approximately 11,000 street trees that are maintained by the assessments.

Prior to 1990, property owners and the City would split the cost of repairing sidewalks damaged by City trees. The City would annually enter into an agreement with approximately 200 individual property owners. The one-time cost was a financial burden to some residents on fixed incomes. In order to make the program more cost-effective and less of a financial burden for property owners, an assessment for repair of sidewalks/parking strips due to City street-tree related damages was established in 1990.

The increased cost of the necessary work made the assessment amounts levied in Fiscal Year 1997-98 insufficient for adequately maintaining the City’s street trees, curbs, gutters and sidewalks. An increase in the assessments was required to provide funding for continued tree maintenance and sidewalk repairs. However, with the passage of Proposition 218 on November 6, 1996, assessments can only be raised after the City conducts an assessment ballot proceeding and the ballots submitted in opposition to the assessments do not exceed the ballots in favor of the assessments. (Each ballot is weighted by the amount of assessment for the property it represents.) Assessment Process
In 1998, the City conducted an assessment ballot proceeding for increased tree maintenance and sidewalk repair assessments pursuant to the requirements of Article XIIID of the California Constitution (Proposition 218) and the Landscaping and Lighting Act of 1972. The proposed tree maintenance assessments for fiscal year 1998-99 were $64.28 per single family equivalent unit and the proposed sidewalk repair assessments were $28.70 per single family equivalent. The proposed maximum assessments also included an annual assessment cost escalator tied to the annual change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area ("ENR Index"). These proposed assessments were supported by 73% of assessment ballots received from Page G-5.19
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 2 ends

property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on June 16, 1998 by its Resolution Number 4840-D, the City Council levied the new assessments.

Engineer’s Report and Continuation of Assessments
In each subsequent year for which the assessments will be continued, the City Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the City Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. This Report was prepared pursuant to the direction of the Council.

The maximum authorized assessment rate, as increased each year by the change in the ENR Index, is the maximum assessment rate that can be levied in the given fiscal year without approval from property owners in another assessment ballot proceeding. In fiscal year 1998-99, the assessments were levied at the maximum rate for that fiscal year.

Since this first fiscal year after the ballot proceeding, the assessments for tree maintenance have been levied below the maximum authorized rate, and the assessment rate for sidewalk repairs has not been increased above the original rate.

From December 2020 to December 2021, the ENR Index increased 8.05%. The maximum amount assessments can be increased annually is the ENR Index plus any uncaptured excess reserved from prior years, to a maximum increase to the ENR not to exceed 3%.

Based on accumulated excess reserves from prior years, the maximum authorized rates for fiscal year 2022-23 are $124.73 for trees and $55.69 for sidewalks without another ballot proceeding. (No additional ballot proceeding is required because the maximum authorized assessment rates, including the annual adjustments in these rates, were approved in the 1998 ballot proceeding. The actual rate levied in any given fiscal year can be revised up, with an annual maximum increase of 3%, or down, by any amount that does not cause the actual rates levied to exceed the maximum authorized assessment rates.)
The City reduced the assessment rate for tree maintenance in fiscal year 2000-01 and increased the assessment rate in fiscal years 2002-03, 2005-06 through 2009-10, 2014- 15, and 2016-17 through 2021-22. In other fiscal years it was not necessary to increase the rate, due to sufficient reserve funds carried forward from prior fiscal years, combined with general benefit contributions. For fiscal year 2022-23 the proposed assessments for tree maintenance are proposed to increase 3.00% from fiscal year 2021-22, and the assessments for sidewalk maintenance are proposed to increase 3.00%. The proposed rates are $88.72 per Single Family Equivalent (SFE) for tree maintenance and $47.40 per Page G-5.20
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 3 ends

SFE for sidewalk maintenance. The comparison of actual rates levied in fiscal year 2021- 22 and the proposed rates for fiscal year 2022-23 are shown below.

Sidewalk Maintenance
FY 2021-22 Rate ENR Increase Applied FY 2022-23 Rate Increase $46.02 3.00% $47.40 $1.38
Tree Maintenance
FY 2021-22 Rate ENR Increase Applied FY 2022-23 Rate Increase $86.15 3.00% $88.72 $2.58
If the Council approves this Engineer's Report and the continuation of the assessments by resolution, a notice of assessment levies must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is used for this notice.

Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments. This hearing is currently scheduled for June 28, 2022. At this hearing, the Council will consider approval of a resolution confirming the continuation of the assessments for fiscal year 2022-23. If so confirmed and approved, the assessments will be submitted to the County Controller for inclusion on the property tax roll for Fiscal Year 2022-23.

Legal Analysis
Proposition 218
This assessment is consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

Proposition 218 describes a number of important requirements, including a propertyowner balloting, for the formation and continuation of assessments, and these requirements are satisfied by the process used to establish this assessment.

The original assessment existed prior to the passage of Proposition 218. Although the original assessment is also consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as “grandfathered assessments” and held them to a lower standard than post Proposition 218 assessments.

Page G-5.21
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 4 ends

Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs.

SCCOSA”). This ruling is the most significant court case in further legally clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the ruling included further emphasis that:
▪ Benefit assessments are for special, not general, benefit ▪ The services and/or improvements funded by assessments must be clearly defined
▪ Special benefits are directly received by and provide a direct advantage to property in the assessment district
Dahms v. Downtown Pomona Property
On June 8, 2009, the 4th Court of Appeal amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review. On this date, Dahms became good law and binding precedent for assessments. In Dahms the Court upheld an assessment that was 100% special benefit (i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, the 1
st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional special benefits.

Beutz v. County of Riverside
On May 26, 2010 the 4th District Court of Appeal issued a decision on the Steven Beutz v.

County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.

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Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the Improvements are directly available to and will directly benefit property in the Assessment District; and the Improvements provide a direct advantage to property in the Assessment District that would not be received in absence of the Assessments.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the Assessment District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and proportional special benefit to each property.

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Plans & Specifications
Following is a description of the Services that are provided for the benefit of property in the Assessment District. Prior to the residential development in Menlo Park, the Level of Service on these improvements was effectively zero. The formula below describes the relationship between the final level of improvements, the baseline level of service (predevelopment) had the assessment not been instituted, and the enhanced level of improvements funded by the assessment.

Final Level of
Service
=
Baseline Level of Service
(≈zero, pre-development)
+
Enhanced Level of
Service
The City of Menlo Park maintains street trees, sidewalks, curbs, gutters, and parking strips throughout the City.

The proposed improvements to be undertaken by the City of Menlo Park and financed by the levy of the annual assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. The said improvements consist of maintaining, trimming, disease treatment, and replacement of street trees; street sweeping to remove debris; and the repair and replacement of damaged sidewalks, curbs, gutters, and parking strips damaged by street trees throughout the City of Menlo Park.

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Method of Assessment
This section of the Engineer's Report includes an explanation of the benefits to be derived from the maintenance, repair, and replacement of street trees, sidewalks, curbs, gutters, and parking strips throughout the City, and the methodology used to apportion the total assessment to properties within the Landscaping Assessment District.

The Landscaping Assessment District consists of all Assessor Parcels within the boundaries of the City of Menlo Park as defined by the County of San Mateo tax code areas. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the Landscaping Assessment District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to properties. This benefit is received by property over and above any general benefits and such benefit is not based on any one property owner’s use of the amenities or a property owner’s specific demographic status. With reference to the requirements for assessment, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Article XIIID, Section 4 of the California Constitution has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of landscaping and lighting improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types Page G-5.25
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of special benefit received by property from maintenance and improvements such as those within by the District. These types of special benefit are summarized as follows:

A. Proximity to improved landscaped areas within the Assessment District.

B. Access to improved landscaped areas within the Assessment District.

C. Improved Views within the Assessment District.

D. Enhanced environment because of the vigorous street tree program for owners of property in the Landscaping Assessment District.

E. Increased safety against tripping and other hazards caused by cracked or damaged sidewalks, curbs and gutters.

F. Enhanced desirability of the property.

G. Reduced liability for landscape maintenance.

In this case, the recent the SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties in three distinct areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that landscaping improvements are a direct advantage and special benefit to property that is proximate to landscaping that is improved by an assessment:

The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition to the other special benefits listed above further strengthen the basis of these assessments.

Benefit Factors
The special benefits from the Improvements are further detailed below:

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Proximity to improved landscaped areas within the Assessment District Only the specific properties within close proximity to the Improvements are included in the Assessment District. Therefore, property in the Assessment District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the Assessment District do not share.

In absence of the assessments, the Improvements would not be provided and the landscaping areas in the Assessment District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided.

Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits, but when combined with the unique proximity and access enjoyed by parcels in the Assessment District, they provide a direct advantage and special benefit to property in the Assessment District.

Access to improved landscaped areas within the Assessment District Since the parcels in the Assessment District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas that are provided by the Assessments. This is a direct advantage and special benefit to property in the Assessment District.

Improved views within the Assessment District
The City, by maintaining these landscaped areas, provides improved views to properties in the Assessment District. The properties in the Assessment District enjoy close and unique proximity, access and views of the Improvements; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the Assessment District. The Landscaping Assessment District provides funding to maintain and protect these public resources and facilities of the City. For example, the assessments provide funding to trim and maintain the street trees to maintain them in a healthy condition. This benefits properties by maintaining and improving the public resources in the community.

In order to allocate the proposed assessments, the Engineer begins by identifying the types of special benefit arising from the maintenance, repair, and replacement of the aforementioned facilities and that would be provided to property within the District.

These types of special benefit are as follows:

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Enhanced environment because of the vigorous street tree program for owners of property in the Landscaping Assessment District Residential properties benefit from the enhanced environment provided by a vigorous program to install and maintain the street trees at a level beyond that followed by other cities throughout the County. The increased use of street trees provides an atmosphere of beauty beyond the norm. The improvements to the trees will be available to residents and guests of properties within the District.

Non-residential properties also will benefit from these improvements in many ways. The use of street trees softens the environment making it more pleasant for employees during commute time and at breaks from their work. These improvements, therefore, enhance an employer's ability to attract and keep quality employees. The benefits to employers ultimately flow to the property because better employees improve the employment prospects for companies and enhanced economic conditions benefit the property by making it more valuable.

Increased safety against tripping and other hazards caused by cracked or damaged sidewalks, curbs and gutters
An aggressive inspection program identifies hazardous conditions in sidewalks, curbs and gutters caused by street trees and allows for these conditions to be repaired on a timely basis. Timely repair of hazardous conditions greatly improves the overall safety of the environment, thereby providing for safer use of property.

Enhanced desirability of the property
The assessments will provide funding to improve the City's street tree program, raising the quality to a more desired level, and to ensure that the sidewalks, curbs, and gutters remain operable, safe, clean and well maintained. Such improved and well-maintained facilities enhance the overall desirability of property. This is a benefit to residential, commercial and industrial properties.

Reduced liability for landscape maintenance
The assessments will reduce the liability for landscape maintenance to street trees and other improvements. This is a benefit to residential, commercial and industrial properties.

General vs. Special Benefit
Article XIII D of the Constitution specifies that only special benefits are assessable, and that the City must separate the general benefits from the special benefits conferred on any parcel. The complete analysis of special benefits and their allocation are found Page G-5.28
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elsewhere in this report. For the Landscaping Assessment District, the City has identified a general benefit and has separated it from the special assessments.

The City’s maintenance of street trees and sidewalk facilities provides a general benefit to the community and to the general public to some degree. The measure of this general benefit is the enhancement of the environment and safety provided to the greater public at large. This general benefit can be measured by the proportionate amount of time that the City’s sidewalks and street trees are used and enjoyed by the greater public at large1.

It is reasonable to assume that approximately 1/4 or 25% of the usage and enjoyment of the improvements is by the greater public. Therefore, approximately 25% of the benefits conferred by the improvements are general in nature.

The City’s total budget for maintenance and improvement of its trees and sidewalk facilities is $2,038,362. Of this total budget amount, the City will contribute $250,000 from sources other than the assessments for sidewalk repair and $341,505 for street tree maintenance. These contributions by the City, as well as $140,000 in funds from Measure M, total $731,505, equating to approximately 35.9% of the total budget for maintenance and more than offset the cost of the general benefits resulting from the improvements.

In the 2009 Dahms case, the court upheld an assessment that was 100% special benefit on the rationale that the services funded by the assessments were directly provided within the assessment district. It is also important to note that the improvements and services funded by the assessments in Pomona are similar to the improvements and services funded by the Assessments described in this Engineer’s Report and the Court found these improvements and services to be 100% special benefit. Also similar to the assessments in Pomona, the Assessments described in this Engineer’s Report fund improvements and services directly provided within the Assessment District and every benefiting property in the Assessment District enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments. However, in this Report, the general benefit is more conservatively estimated and described, and then budgeted so that it is funded by sources other than the Assessment.

Method of Assessment
The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single1 . The greater public at large is generally defined as those who are not residents, property owners, customers or employees within the City, and residents who do not live in close proximity to the improvements.

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Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer’s Report, all properties are designated an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. The "benchmark" property is the single family detached dwelling, which is one Single Family Equivalent, or one SFE.

As stated previously, the special benefits derived from the assessments are conferred on property and are not based on a specific property owner’s use of the improvements, on a specific property owner’s occupancy of property, or the property owner’s demographic status such as age or number of dependents. However, it is ultimately people who enjoy the special benefits described above, use and enjoy the City’s trees and sidewalks, and control property values by placing a value on the special benefits to be provided by the improvements. In other words, the benefits derived to property are related the average number of people who could potentially live on, work at or otherwise could use a property, not how the property is currently used by the present owner. Therefore, the number of people who could or potentially live on, work at or otherwise use a property is an indicator of the relative level of benefit received by the property.

Assessment Apportionment - Street Trees
Properties with Street Trees
All improved residential properties that represent a single residential dwelling unit and have a street tree on or fronting the property are assigned 1.0 SFE. All single-family houses with tree(s) and those units in R-2 zones that are being used as single-family dwellings (with trees) are included in this category.

Properties with more than one residential unit are designated as multi-family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the relative number of people who reside in multi-family residential units compared to the average number of people who reside in a single-family home. The population density factors for the County of San Mateo from the 1990 US Census (the most recent data available when the Assessment was established) are depicted below. The SFE factors for condominium, townhouse, and multi-family parcels, as derived from relative dwelling unit population density, are also shown below.

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Figure 1 – Residential Assessment Factors
Total Occupied Persons SFE
Property Type Population Households per Household Factor* Single Family Residential 412,685 140,248 2.94 1.0
Condominium/Townhouse 54,284 19,331 2.81 0.9
Multi-Family Residential 158,004 65,981 2.39 0.8
Source: 1990 Census, San Mateo County
The SFE factor for condominium, townhouse, and multi-family parcels is based on the ratio of average persons per household for the property type versus the average persons per household for a single-family residential home. Multi-family units are assessed at

0.80 per unit up to a maximum of 4.0 SFE per parcel (maximum of 5 units multiplied by

0.80). Condominium and townhouse parcels are assessed at 0.90 per unit, up to a maximum of 4.5 SFEs per development (maximum of 5 units multiplied by 0.90).

SFE values for commercial and industrial land uses are based on the equivalence of special benefit on a land area basis between single-family residential property and the average commercial/industrial property. The average size of a parcel for a single-family home in the District is approximately 0.18 acres, and such single-family property has an SFE value of 1.0. Using the equivalence of benefit on a land area basis, improved commercial and industrial parcels of approximately 0.20 acres or less would also receive an SFE benefit factor of 1.0. Commercial and industrial parcels in excess of a fifth of an acre in size are assigned 1.0 SFE per 0.20 acre or portion thereof, and the maximum benefit factor for any commercial/industrial parcel is 5.0 SFE.

Vacant parcels are also benefited from the street tree improvement and maintenance program. An example of a benefit is enhancement of the visual appeal that will accrue to a vacant parcel from the presence or proximity of the community’s street trees based on its future potential use. Undeveloped property also benefits from the installation and maintenance of street trees, because if the property is developed during the year, the street trees will be available to the developed property. The relative benefit to vacant property is determined to be generally equal to the benefit to a single-family home property. Therefore, vacant property with street tree(s) are assessed 1 SFE.

Properties without Street Trees
The special benefit factors conferred on property can be defined by the benefits conferred to properties with and without street trees. The types of benefits conferred to all property in the community include protection of views, screening, and resource values and enhanced desirability of the property. A higher level of special benefits is conferred directly on parcels with street trees because these parcels obtain additional benefits from well-maintained, healthy trees fronting the property. The types of special benefits that Page G-5.31
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are increased for properties with street trees include enhanced levels of safety, desirability, unique proximity, access and views of resources and facilities from healthy trees on the property. Therefore, individual properties without street trees but in close proximity to parcels with street trees receive a direct benefit from the street trees and should pay 50% of the rate for a similar property with street trees. Such properties are assigned an SFE benefit factor that is 50% of that for a similar property with street trees.

Assessment Apportionment - Sidewalk Program
The benefitsto property for sidewalks, curbs, gutters and parking strips are closely related to a parcel’s proximity to these improvements and the parcel’s proximity to street trees.

Street trees are the most common cause of sidewalk problems. Therefore, the highest benefit from the proposed sidewalk improvements is to properties with street trees and sidewalks, curbs and gutters, or street trees and parking strips and gutters, because without the maintenance work, these improvements would degrade more quickly, which would affect the parcel’s appearance and safety. It is estimated that 1/3 of the special benefits are conferred to property with street trees and sidewalks or parking strips.

Another 1/3 of the special benefits are conferred to property with street trees and curbs and gutters. Special benefit factors are also conferred on property without street trees or adjoining sidewalk, curb, gutter and/or parking strip improvements that are in close proximity to these types of improvements. It is estimated that the remaining 1/3 of the special benefit factors from the Sidewalk Program are conferred to these parcels that are in close proximity to the improvements but that do not have improvements directly adjacent to their property.

Consequently, properties with street trees and sidewalks or parking strips and curbs and gutters or valley gutters are assigned a benefit factor of 1 SFE. Properties with street trees, curbs and gutters are assigned a benefit factor of 0.67 SFE. If there are street trees but no improvements along the frontage of a parcel, or no street trees on a parcel, its benefit is 1/3 or 0.33 SFE.

Assessment Apportionment - Other Properties
Improved, publicly owned parcels that are used for residential, commercial or industrial purposes are assessed at the rates specified previously. Other improved public property; institutional property and properties used for educational purposes, typically generate employees on a less consistent basis than other non-residential parcels. Moreover, many of these parcels provide some degree of on-site amenities that serve to offset some of the benefits from the District. Therefore, these parcels, with or without street trees, receive minimal benefit and are assessed an SFE factor of 1 for street tree assessments and an SFE factor of 1 for sidewalks, curbs and gutter assessments.

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All properties that are specially benefited have been assessed. Agricultural parcels without living units, public right-of-way parcels, well, reservoir or other water rights parcels, unimproved open space parcels, watershed parcels and common area parcels generally provide recreational, open space and/or scenic benefits to the community. As such, they tend to provide similar benefits as provided by the improvements in the District. Any benefits they would receive from the landscaping maintenance are generally offset by the equivalent benefits they provide. Moreover, these parcels typically do not generate employees, residents or customers. Such parcels are, therefore, not specially benefited and are not assessed.

Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Public Works Director of the City of Menlo Park or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Public Works Director or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Director or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of San Mateo for collection, the Public Works Director or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the Public Works Director or his or her designee shall be referred to the City Council of the City of Menlo Park and the decision of the City Council of the City of Menlo Park shall be final.

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Figure 2 – Tree Maintenance Assessments
Property Type
Parcels with Trees Assessment Rate
Single Family $88.72 (per Parcel)
R-2 Zone, in use as single family $88.72 (per Parcel)
Condominium/Townhouse $79.85 (per Unit, $399.24 max. per Project) Other Multi-family $70.98 (per Unit, $354.88 max. per Project) Commercial $88.72 (per 1/5 acre, $443.60 max. per Project) Industrial $88.72 (per 1/5 acre, $443.60 max. per Project) Parks, Educational $88.72 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
Parcels without Trees
Single Family $44.36 (per Parcel)
R-2 Zone, in use as single family $44.36 (per Parcel)
Condominium/Townhouse $39.92 (per Unit, $199.62 max. per Project) Other Multi-family $35.49 (per Unit, $177.44 max. per Project) Commercial $44.36 (per 1/5 acre, $221.8 max.)
Industrial $44.36 (per 1/5 acre, $221.8 max.)
Parks, Educational $44.36 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
2022-23 Assessment Rates
Figure 3 – Sidewalk, Curb, Gutter, Parking Strip Assessments Property Type
Parcels with Trees Assessment Rate
Sidewalks, curbs, gutters $47.40 (per Parcel)
Parking strips and gutters $47.40 (per Parcel)
Curbs and/or gutters only $31.76 (per Parcel)
No improvements $15.64 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
Parcels without Trees
Parcels with or without improvements $15.64 (per Parcel) Miscellaneous, Other $0.00 (per Parcel)
2022-23 Assessment Rates
Note: All total combined tree and sidewalk assessment amounts are rounded to the lower even penny.

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Assessment
WHEREAS, on February 11, 2020 the City Council of the City of Menlo Park, County of San Mateo, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), adopted its Resolution Initiating Proceedings for the Levy of Assessments within the Landscaping Assessment District;
WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Menlo Park, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the assessment district.

The amount to be paid for said improvements and the expense incidental thereto, to be paid by the Landscaping Assessment District for the fiscal year 2021-22 is generally as follows:

Figure 4 – Summary Cost Estimate
F.Y. 2022-23
Budget
Street Tree Program $ 1,039,967.00
Street Sweeping $ 285,669.00
Sidewalk Program $ 550,000.00
Incidental Expenses $ 163,052.00
TOTAL BUDGET $2,038,688
Plus:

Projected Fund Balance $ 174,217.94
Less:

City Contribution for General Benefits ($731,505.00)
Contribution from Carry-Over Fund Balances (364,341.56) $ NET AMOUNT TO ASSESSMENTS $ 1,117,059.38
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As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Landscaping Assessment District. The distinctive number of each parcel or lot of land in the said Landscaping Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incidental thereto, upon the parcels and lots of land within said Landscaping Assessment District, in accordance with the special benefits to be received by each parcel or lot, from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.

The assessment is made upon the parcels or lots of land within the Landscaping Assessment District in proportion to the special benefits to be received by the parcels or lots of land, from said improvements.

The assessment is subject to an annual adjustment tied to the Engineering News Record (ENR) Construction Cost Index for the San Francisco Bay Area, with a maximum annual adjustment not to exceed 3%. Any change in the ENR in excess of 3% shall be cumulatively reserved as the “Unused ENR” and shall be used to increase the maximum authorized assessment rate in years in which the ENR is less than 3%. The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the assessment was levied adjusted annually by the minimum of 1) 3% or 2) the change in the ENR plus any Unused ENR as described above. The initial, maximum assessment rate balloted and established in Fiscal Year 1998-99 was $64.28 per single family equivalent benefit unit for tree maintenance, and $28.70 per single family equivalent benefit unit for sidewalk maintenance.

Based on the preceding annual adjustments, the maximum assessment rate for Fiscal Year 2021-22 was $86.14 for tree maintenance and $46.02 for Sidewalk maintenance. The change in the ENR from December 2020 to December 2021 was 8.05%. Therefore, the maximum authorized assessment rate for Fiscal Year 2022-23 has been increased from $121.10 to $124.73 per single family equivalent benefit unit for tree maintenance, and from $54.07 to $55.69 per single family equivalent benefit unit for sidewalk maintenance.

However, the estimate of cost and budget in this Engineer’s Report proposes assessments for fiscal year 2022-23 at the rate of $88.72 per single family equivalent benefit unit for tree maintenance, which is less than the maximum authorized assessment rate and is a

3.00% increase over the rate assessed in the previous fiscal year. The proposed assessment rate for fiscal year 2022-23 for sidewalk maintenance is $47.40 per single family equivalent benefit unit, which is also less than the maximum authorized assessment rate and is a 3.00% increase over the rate assessed in the previous fiscal year.

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Property owners in the Assessment District, in an assessment ballot proceeding, approved the initial fiscal year benefit assessment for special benefits to their property including the ENR adjustment schedule. As a result, the assessment may continue to be levied annually and may be adjusted by up to the maximum annual ENR adjustment without any additional assessment ballot proceeding. In the event that in future years the assessments are levied at a rate less than the maximum authorized assessment rate, the assessment rate in a subsequent year may be increased up to the maximum authorized assessment rate without any additional assessment ballot proceeding.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of San Mateo for the fiscal year 2022-23. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2021-22 for each parcel or lot of land within the said Landscaping Assessment District.

May 16, 2022
Engineer of Work
By
John W. Bliss, License No. C52091
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Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2022-23 A. Tree Maintenance
Salaries & Benefits $ 409,592.00
Operating Expense $ 44,200.00
Fixed Assets & Capital Outlay $ 251,500.00
Vehicle & Equipment Maintenance $ 16,000.00
Professional Services $ 318,675.00
(Tree Spraying, Tree Trimming, Misc.)
Subtotal - Tree Maintenance $ 1,039,967.00
B. Debris Removal
Salaries & Benefits $ 74,669.00
Street Sweeping Contract $ 211,000.00
Subtotal - Debris Removal $ 285,669.00
C. Sidewalk, Curb, Gutter, Parking Strip Repair/Replacement Construction Costs $ 550,000.00
Subtotal - S/W,C,G, & PS Repair/Replace $ 550,000.00
Subtotal Tree/Debris/Reforestation/Sidewalk $ 1,875,636.00 D. Incidentals
Indirect Costs & Administration $ 148,052.00
County Collection Fees $ 15,000.00
Subtotal - Incidentals $ 163,052.00
Total Cost $ 2,038,688.00
Fiscal Year 2022-23

CITY OF MENLO PARK LANDSCAPING ASSESSMENT DISTRICT

ENGINEER'S COST ESTIMATE
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Projected Fund Balance $ 174,217.94
Tree Maintenance Ending Fund Balance $ (288,317.99)
Less General Fund Contribution $ (341,505.00)
Measure M $ (140,000.00)
Sidewalk Fund Ending Balance $ (76,023.57)
Less General Fund CIP Contribution to Sidewalk Fund $ (250,000.00) Net to Assessment $ 1,117,059.38
Revenue
Single Family Equivalent Benefit Units - Trees 8,950.23 Single Family Equivalent Benefit Units - Sidewalks 6,814.24 2022-23 2021-22
Assessment Rate for Tree Fund/ SFE $88.72 $86.15
Assessment Rate for Sidewalk Fund/ SFE $47.40 $46.02
Revenue for Tree Fund $794,064.41
Revenue for Sidewalk Fund $322,994.98
Total Revenue * $1,117,059.38
assessments are rounded down to the even penny.
* Total revenue is slightly less than SFEs times the assessment rate because all combined Engineer's Cost Estimate, Fiscal Year 2022-32 (continued) Page G-5.39
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 22 ends

Assessment Diagram
The Landscaping Assessment District includes all properties within the boundaries of the City of Menlo Park.

The boundaries of the Landscaping Assessment District are displayed on the following Assessment Diagram.

Page G-5.40
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 23 ends

Page G-5.41
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page 24 ends

Appendix A – Assessment Roll, FY 2022-23
Reference is hereby made to the Assessment Roll in and for the assessment proceedings on file in the office of the City Clerk of the City of Menlo Park, as the Assessment Roll is too voluminous to be bound with this Engineer's Report.

Page G-5.42
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: 5/24/2022
Staff Report Number: 22-099-CC
Consent Calendar: Adopt a resolution approving the list of projects eligible for fiscal year 2022-23 funds from Senate
Bill 1: The Road Repair and Accountability Act of
2017
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) approving the list of projects eligible for fiscal year 2022-23 to receive funds from Senate Bill 1: The Road Repair and Accountability Act.

Policy Issues
This action is consistent with the City Council’s goal of maintaining and enhancing the City’s municipal infrastructure and facilities. It is also consistent with the 2016 General Plan Circulation Element which includes policies that seek to provide and maintain a safe, efficient, attractive, user-friendly intermodal circulation system. The circulation element promotes a healthy, safe and active community and quality of life throughout Menlo Park and increases accessibility for the use of streets by pedestrians, bicyclists and transit riders. The projects identified in this staff report are consistent with these policies.

Background
Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act of 2017 or Gas Tax, was enacted into law April 28, 2017. SB 1 created a $54 billion investment to fund road, bridge and freeway repair projects throughout the state over the next decade by increasing California’s gasoline and diesel taxes and vehicle fees. This investment was structured to be evenly allocated between cities, counties and the state’s highway system for repairs to local street and roads, bike and pedestrian projects, and local planning grants.

As of March 2022, the City has received $403,267 of $721,313 in projected funding for fiscal year 2021-22.

Funds are provided on a monthly basis starting July 1, 2021, and come from the SB1 Road Maintenance and Rehabilitation Act (RMRA.) For fiscal year 2022-23, the City is eligible to receive an additional $793,824 in projected revenues.

The City uses StreetSaver, a pavement management software developed by the Metropolitan Transportation Commission, to generate an annual list of street sections for asphalt maintenance.

StreetSaver helps allocate project funding by analyzing existing street conditions, estimated costs, and available funding to propose the type of maintenance needed at each street segment. For this fiscal year, the program identified the Ravenswood Avenue and Haven Avenue Streetscape Improvement projects as eligible for SB 1 funding. Both projects are described in the Analysis Section and Attachment A.

AGENDA ITEM G-6 Page G-6.1
Staff Report #: 22-099-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
The intent of SB 1 is to provide additional funding for deferred street maintenance projects and not to replace the existing levels of general revenue spending by the City on such projects. Consequently, SB 1 requires that the City maintain “general fund” spending for street and road maintenance. As defined by the legislation, general fund expenditures are any unrestricted funds that the City or county may expend at its discretion, including vehicle in-lieu tax revenues and revenues from fines and forfeitures, expended for street, road and highway purposes.

In order to receive SB 1 funds, the City must submit a list of proposed eligible projects, adopted by resolution, to the California Transportation Commission (CTC) each year. For fiscal year 2022-23, the CTC must receive the list by July 1, 2022. Failure to submit an eligible project list to the CTC would result in forfeiture of the monthly apportionments. The list must include a project description, location, schedule, and an estimate of the projects useful life per program funding requirements and is attached hereto as Exhibit A.

For fiscal year 2022-23, the City identified the Ravenswood Avenue (from El Camino Real to Laurel Street) and Haven Avenue (from Marsh Road to Atherton Channel) Streetscape Improvements as eligible for SB 1 funding. Both projects are generally described in Table 1 below.

Table 1: Projects identified for SB 1 funding
Project name Project description
Preliminary
construction
estimate
Ravenswood Avenue
resurfacing
Installation of asphalt resurfacing, concrete medians,
curb ramps, and signing and striping (including
crossing enhancements and a pilot installation of new
bicycle lanes) along Ravenswood Avenue, from El
Camino Real to Laurel Street.
$1,100,000
Haven Avenue
streetscape improvements
Installation of asphalt resurfacing, sidewalks,
driveways, medians, curb ramps, traffic signals,
utilities, heritage trees, signing and striping, and a
pedestrian bridge along Haven Avenue, from Marsh
Road to Atherton Channel. The work is within Caltrans
right of way and includes partial funding from
developer contributions and State and County grants.
$2,700,000
Staff recommends proceeding with City Council action on the resolution to ensure the City can remain eligible to receive SB 1 funds.

Impact on City Resources
With the adoption of the resolution, the City would be eligible for SB 1 funding for fiscal year 2022-23. The assigned projects are improvements that the City Council funds through the annual budgeting process.

As described above, SB 1 would provide funding up to $793,824 for fiscal year 2022-23. Preliminary construction costs for resurfacing Ravenswood and Haven Avenues is estimated at $3.8 million combined. These estimates are shown for reference and may be subject to change upon submittal of construction bids in the next fiscal year. Additional funding sources for these projects may include Highway User’s Tax, transportation impact fees, developer contributions, and the San Mateo County transportation measures (Measures A and W.)
Page G-6.2
Staff Report #: 22-099-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it has no potential for resulting in any direct or indirect physical change in the environment. The 2022-23 street resurfacing maintenance project would be evaluated under CEQA at the time of the bid award.

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:

Rodolfo Ordonez, Associate Engineer
Reviewed by:

Tanisha Werner, Assistant Director of Public Works - Engineering Page G-6.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK APPROVING THE LIST OF PROJECTS ELIGIBLE FOR FISCAL YEAR 2022- 23 FUNDS FROM THE ROAD REPAIR AND ACCOUNTABILITY ACT (SB 1) WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multimodal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive and estimated $793,824 in RMRA funding in fiscal year 2022- 23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undertaken public outreach to ensure public input into our community’s transportation priorities; and
WHEREAS, the City used its pavement management program to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, roads and drainage, throughout the City this year and many other similar projects into the future; and WHEREAS, the 2020 California statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a good condition and this revenue will help increase the overall quality of the road system and over the next decade will add to sustain, or bring our streets and roads into a very good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW THEREFORE BE IT RESOLVED, that the City of Menlo Park, acting by and through its City Council, finds as follows:

1. The foregoing recitals are true and correct
Page G-6.4 ATTACHMENT A

2. The fiscal year 2022-23 list of projects planned to be funded with RMRA revenues include the projects in “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 of said City Council on the twenty-fourth of May, 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 ___ of May, 2022.
____________________________
Judi A. Herren, City Clerk
Exhibits:

A. Fiscal year 2022-23 list of projects planned to be funded with RMRA revenues Page G-6.5
Planned project for road maintenance and rehabilitation account (RMRA) fiscal year 2022-23 revenues Fiscal Year 2022-23 Proposed Projects Eligible for SB 1 Funding Item Street name Project Description Project Location Estimated start date
Estimated
end date
Estimated
useful life in
years
1 Ravenswood Avenue
Resurfacing
Installation of 3-inch of asphalt milling
and overlay, concrete medians, curb
ramps, and signing and striping along
Ravenswood Avenue.

El Camino Real to
Laurel Avenue 9/2022 11/2022 12 to 15
2 Haven Avenue
Streetscape Improvements
Installation of 3-inch asphalt milling and
overlay, sidewalks, medians, curb
ramps, traffic signals, utilities, heritage
trees, signing and striping, and a
pedestrian bridge along Haven Avenue.

Marsh Road to
Atherton Channel
2/2023 2/2024 12 to 15
Page G-6.6 EXHIBIT A
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: 5/24/2022
Staff Report Number: 22-100-CC
Consent Calendar: Adopt a resolution determining that the final map and public improvement agreement for the Menlo
Uptown project located at 180-186 Constitution
Drive and 141 Jefferson Drive conform to Menlo
Park Municipal Code 15.24 and the Subdivision Map
Act; approve said final map and public
improvement agreement; authorize the city clerk to
sign the final map; authorize the city manager to
sign the public improvement agreement; and accept
dedication of public access easements for site
access purposes and an emergency vehicle access
easement for fire access purposes
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) determining that the final map and public improvement agreement for the Menlo Uptown project located at 180-186 Constitution Drive and 141 Jefferson Drive conform to Menlo Park Municipal Code 15.24 and the Subdivision Map Act; approve said final map (Attachment B) and public improvement agreement (Attachment C); authorize the city clerk to sign the final map; authorize the city manager to sign the public improvement agreement; and accept dedication of Public access easements for site access purposes and an emergency vehicle access easement for fire access purposes.

Policy Issues
According to Menlo Park Municipal Code 15.24.120, City Council action is required to determine final maps and agreements are in conformance with the requirements of 15.24 and the Subdivision Map Act, as well as to approve final maps. With the approval of the map, the City Council would also accept public access easements and an emergency vehicle access easement identified on the map.

Background
The Menlo Uptown project is located at 180-186 Constitution Drive and 141 Jefferson Drive. It contains 483 multifamily dwelling units, comprised of 441 rental units and 42 for-sale condominium townhome units, and approximately 2,940 square feet of commercial space. On September 14, 2021, the City Council certified the Menlo Uptown final environmental impact report, and approved the use permit, architectural control, below market rate housing agreement, community amenities operating covenant, and vesting tentative map (major subdivision.) The staff report from September 14, 2021 is included as Attachment D.

AGENDA ITEM G-7 Page G-7.1
Staff Report #: 22-100-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Final map
The applicant, CLPF CRP TH MENLO PARK, LLC, has submitted a final map for the proposed subdivision.

The final map includes creation of one private development parcel with 42 for-sale condominium townhome units, dedicating new public access easements and an emergency vehicle access easement. The final map is in substantial compliance with the vesting tentative map approved by the City Council September 14, 2021. Staff has reviewed the final map and determined it is in conformance with the requirements of Menlo Park Municipal Code 15.24 and the Subdivision Map Act and all conditions required for approval of the final map will be met before recordation.

Public improvement agreement
The applicant and City have agreed to the terms of the proposed public improvement agreement. Per the agreement, the applicant will provide a bond for the completion of the required off-site public improvement work, subsequent to the recordation of the final map. The public improvement agreement is a contract between the applicant and the City that guarantees the construction of all public street improvements. It requires a completion bond as a financial guarantee that all work will be completed. The project plans have been approved by the engineering division of the public works department.

The public improvement agreement applies to both portions of the Menlo Uptown project, the Multifamily Residential component and the Townhome component, and governs the preparation of plans and specifications and construction of all off-site public improvements (e.g., sewer, water, electrical underground, sidewalks, landscaping, etc.) and transportation improvements imposed as conditions of the approval of the project. The Multifamily Residential component of the Menlo Uptown project is proceeding first and therefore, in addition to the off-site improvements associated with the Multifamily Residential component of the project, all of the transportation improvements required of the project will be undertaken in connection with the Multifamily Residential component.

Within 90-days following the issuance of the superstructure permit for the Multifamily Residential component of the project, the Developer is required to begin the construction of the off-site improvements associated with the Multifamily Residential component of the project; likewise, construction of all of the transportation improvements will start within 120 days following the issuance of the superstructure permit. The improvements are required to be completed upon the earlier of 24 months after construction begins or before the issuance of a certificate of occupancy for the Multifamily Residential component of the project.

The Developer is required to post a performance bond to secure the faithful completion of the required work and a payment bond to secure the payment of wages due to workers on these public works of improvement.

Once the public work of improvements associated with the Multifamily Residential component of the project are completed, the performance bond will convert to a warranty bond to secure the one (1) year warranty period against defects in material or workmanship.

With respect to the Townhome component of the project, the Developer is required to begin construction of the off-site improvements associated with the Townhome component of the project within 90 days following the earlier of issuance of a final certificate of occupancy for the Multifamily Residential component of the project or issuance of a superstructure permit for the Townhome component of the project. If the Developer is not ready to proceed with the Townhome component of the project by the time the Multifamily Residential component is complete and seeks occupancy, the Developer can request an extension of the time to begin the off-site improvements for the Townhome component of the project. However, any extension will require the posting of performance and payment bonds to secure the faithful performance of the work and payment of wages due to workers. Once the work begins, it is required to be completed upon the earlier of 24- months or before the issuance of a certificate of occupancy for the Townhome component of the project.

Again, once the public work of improvements associated with the Townhome component of the project are Page G-7.2
Staff Report #: 22-100-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org completed, the performance bond will convert to a warranty bond to secure the one (1) year warranty period against defects in material or workmanship.

Transportation improvements
The off-site improvements include improvements at several intersections to address level of service (LOS) deficiencies as defined by the City’s transportation impact analysis guidelines and General Plan policies.

The improvements to address these LOS deficiencies fit into three general categories:
• Improvements included in the City’s Transportation Impact Fee (TIF) nexus study, which was adopted by City Council in January 2020.
• Improvements that are not in the TIF nexus study and address cumulative impact (i.e., the impact is not from the project alone.) For these projects, developers are required to make a fair share contribution, but are not responsible for constructing the improvements. Any improvement to address these LOS deficiencies would return to the City Council for approval before being implemented. • Improvements that are not in the TIF nexus study with near term impacts. Per Section (2)(f)(i) of the public improvement agreement, these projects are the responsibility of the applicant to implement.

Members of the public and City Councilmembers have raised concerns about the near-term, non-TIF projects identified to address the LOS deficiencies required by the Menlo Uptown project. There are three of these projects:
• Chrysler Drive and Independence Drive. This project would add an all way stop at this intersection. The TIF includes a future traffic signal at this intersection, not an all way stop. However, an all way stop is an appropriate interim measure that provides operational and safety benefits until a signal is warranted at this location. Because of this, staff recommends that this specific improvement be retained in the public improvement agreement.
• Willow Road and Coleman Avenue. This project would add a right turn pocket on eastbound Willow Road into the Willow Oaks Park parking lot, increasing the crossing distance for people walking and bicycling across Willow Road to get to Willow Oaks Park, schools and nearby businesses. • Willow Road and Gilbert Avenue. This project would add a right turn pocket on eastbound Willow Road onto Gilbert Avenue. Similar to the above project, it would require minor intersection widening that increases the crossing distance for people walking and bicycling on Gilbert Avenue.

The public improvement agreement includes language that could allow the two non-TIF, near term improvements on Willow Road to be removed from the public improvement agreement. If City Council desires to remove these improvements from further consideration, staff would agendize the item at a future City Council meeting. At this time, staff anticipates this item would be scheduled in July 2022 or later for consideration, if directed.

Impact on City Resources
The staff time costs associated with the review and approval of the final map and the public improvement agreement are fully recoverable through fees collected from the applicant.

Environmental Review
A final environmental impact report was prepared for the project and certified by the City Council September 14, 2021. No additional environmental review is required for the final map approval and acceptance of public easements.

Page G-7.3
Staff Report #: 22-100-CC

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

Attachments
A. Resolution
B. Final map
C. Public improvement agreement
D. Hyperlink – September 14, 2021, City Council staff report:
menlopark.org/DocumentCenter/View/29625/L1-20210914-CC--Menlo-Uptown-appeal Report prepared by:

Eric Hinkley, Associate Engineer
Report reviewed by:

Theresa Avedian, Senior Civil Engineer
Tanisha Werner, Assistant Public Works Director – Engineering Hugh Louch, Assistant Public Works Director – Transportation Nira Doherty, City Attorney
Page G-7.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

DETERMINING THE FINAL MAP AND PUBLIC IMPROVEMENT AGREEMENT FOR THE MENLO UPTOWN PROJECT LOCATED AT 180-186 CONSTITUTION DRIVE AND 141 JEFFERSON DRIVE ARE IN CONFORMANCE WITH MENLO PARK MUNICIPAL CODE 15.24 AND THE SUBDIVISION MAP ACT;
APPROVING THE FINAL MAP; ACCEPTING DEDICATION OF PUBLIC

ACCESS EASEMENTS FOR SITE ACCESS AND AN EMERGENCY VEHICLE ACCESS EASEMENT FOR FIRE ACCESS; AUTHORIZING THE CITY CLERK TO SIGN THE FINAL MAP; AND APPROVING THE PUBLIC IMPROVEMENT

AGREEMENT AND DIRECTING THE CITY MANAGER TO SIGN SAID

AGREEMENT
WHEREAS, the City Council of the City of Menlo Park on September 14, 2021 approved the use permit, architectural control, below market rate housing agreement, community amenities operating covenant, and vesting tentative map (major subdivision) for the Menlo Uptown project with 483 multifamily dwelling units comprised of 441 rental units and 42 for-sale condominium townhome units and approximately 2,940 square foot of commercial space at 141 Jefferson Drive and 180-186 Constitution Drive; and
WHEREAS, the project plans have been approved by the engineering division of the public works department and all conditions of the final map have been met; and WHEREAS, the final map shows the dedication of public access easements and emergency vehicle access easement.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Menlo Park that the City Council does hereby determine that the final map and public improvement agreement for the Menlo Uptown project located at 180-186 Constitution Drive and 141 Jefferson Drive are in conformance with the requirements of Chapter 15.24 of the Menlo Park Municipal Code and the Subdivision Map Act.; and
BE IT FURTHER RESOLVED that said City Council hereby approves the final map, which map is incorporated herein by this reference; and
BE IT FURTHER RESOLVED that said City Council hereby accepts the dedication of public access easements and emergency vehicle access easement; and BE IT FURTHER RESOLVED that said City Council authorizes the City Clerk to sign the final map; and
BE IT FURTHER RESOLVED that said City Council approves the Public Improvement Agreement to implement the conditions of project approval which Agreement is attached hereto and incorporated herein by this reference, and authorizes the City Manager to sign the Public Improvement Agreement.

ATTACHMENT A Page G-7.5
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-fourth day of May, 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 May, 2022.

Judi A. Herren, City Clerk
Resolution No. XXXX

Page 2 of 2 ends

ATTACHMENT B
Page G-7.7
Page G-7.8
Page G-7.9
Page G-7.10
1 Recording requested by and when
Recorded return to:

City of Menlo Park
Attn: City Clerk
701 Laurel Street
Menlo Park, CA 94025-3483
Exempt From Recording Fees Per
Government Code §27383 And
Building Homes & Jobs Trust Fund
Fee Per Government Code §27388.1(a) (2) (D)
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
APN: 055-242-140, 055-242-030, and 055-242-040

PUBLIC IMPROVEMENT AGREEMENT
Uptown - Multifamily and Townhome Improvements
This PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”), is entered into as of ________________, 2022 (the “Effective Date”), by and between the CITY OF MENLO PARK, a municipal corporation of the State of California (“City”) and CLPF GRP Uptown Menlo Park, LLC, a Delaware limited liability company (“MF Owner”); and CLPF CRP TH Menlo Park, LLC, a Delaware limited liability company (“TH Owner”)). MF Owner and TH Owner are collectively referred to as "Developers." City, MF Owner and TH Owner are referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. MF Owner owns certain real property located at 141 Jefferson Drive, in the City of Menlo Park, State of California, more particularly described in legal description attached hereto as Exhibit A-1 ("Multifamily Property"), and TH Owner owns certain real property located at 180 Constitution Drive and 186 Constitution Drive in the City of Menlo Park, County of San Mateo, State of California, more particularly described in the legal description attached hereto as Exhibit A-2 ("Townhome Property"). The Multifamily Property and Townhome Property are collectively referred to as the “Property”.

B. On June 21, 2021, after a duly noticed public hearing, and on the recommendation of the City’s Housing Commission, the City’s Planning Commission approved Planning Commission Resolution No. 2021-07, permitting Developers to develop 441 multi-family residential units ("Multifamily Component") and 42 for-sale townhome units ("Townhome Component"), approximately 2,940 square feet of community amenity space, as well as associated open space, circulation and parking, and infrastructure improvements at the Property (the “Project”), subject to certain requirements and conditions contained in the Conditions of Approval ATTACHMENT C Page G-7.11
2 (“Conditions of Approval”) and on September 14, 2021, after a duly noticed public hearing, the City Council adopted Resolution Nos. 6660, 6661, and 6662 denying all appeals to, and upholding the Planning Commission’s approval of, the Project.

C. Pursuant to Condition of Approval 1.ss, Developers shall enter into an agreement for completion of development improvements and provide a performance bond for the completion of the off-site improvements for the Project as referenced in Condition of Approval 2.z (green infrastructure), 2.cc, 2.kk, 2.uu (existing utilities to be relocated), 1.hh (new utilities), 1.ll (water mains and service laterals), 1.aa, 1.mm, 1.cc (sanitary sewer mains and service laterals), 1.ww,

2.nn (remove/replace any damaged/worn frontage improvements), 2.bb, 2.dd (asphalt overlay), and 2.ss (loading zones-Complete Streets Commission) and more particularly listed and depicted in Exhibit B (the “Off-Site Improvements”), which Off-Site Improvements shall be installed, constructed and completed as detailed in plans and specifications approved by the Public Works Director (“Director”) or the City Engineer or their designees where authorized by law. Developers shall obtain an encroachment permit from the City prior to commencing any work on the Off-Site Improvements within the public right-of-way or public easements.

D. Condition of Approval 2.w.w. provides that Developers shall enter into an improvement agreement with the City memorializing the terms for performance, construction, and completion of the transportation improvements, which are more particularly described in Exhibit C (the “Transportation Improvements”).

E. The City’s approval of the Project also included the approval of a lot line adjustment to create the Multifamily Property and Townhome Property, as well as a tentative map in accordance with the Subdivision Map Act and the City of Menlo Park Municipal Code (the “Code”), for the creation of 42 townhomes on the Townhome Property. On May ___, 2022, the City Council adopted Resolution No. _____, approving the final map for the creation of the 42 townhomes on the Townhome Property (“Final Map”), subject to the TH Owner entering into this Agreement regarding the Off-Site Improvements for the Townhome Property.

F. The City and the Developers desire to enter into this Agreement in order to permit the issuance of a building permit for the development of the Project, filing of the Final Map in the Official Records of the County of San Mateo, implement the Conditions of Approval, and to simultaneously satisfy the security provisions of the Code and the Conditions of Approval.

NOW, THEREFORE, in order to ensure satisfactory performance of the Developers under the Code and Conditions of Approval, Developers and the City agree as follows:

1. Recitals. The above recitals are true and correct, and are incorporated into this Agreement.

2. Developers’ Obligations.
(a) Off-Site Improvements and Transportation Improvements: Plans and Specifications and Construction. As more particularly described below, Developers shall, at its sole cost and expense, furnish all necessary materials, equipment and labor as is required to prepare the designs, plans and specifications for the Off-Site Improvements and Transportation Improvements for the Project for the review and approval of the Director of Public Works Page G-7.12
3 (“Director”) and/or the City Engineer, as applicable (the “Plans and Specifications”). Developers shall, at its sole cost and expense, furnish all necessary materials, equipment and labor, and perform all work in a good and workmanlike manner, and cause the Off-Site Improvements and Near Term Improvements, as defined below, to be designed, installed, constructed and completed in substantial conformity with the Plans and Specifications, or with any changes required or ordered by the Director or City Engineer to the approved Plans and Specifications (the “Work”), which in his or her reasonable opinion are necessary or required to complete the Work in compliance with all applicable federal, state and local laws, ordinances, rules, regulations and policies.
(b) Multifamily Improvement Plans. As of the Effective Date, the Plans and Specifications for the Off-Site Improvements for the Multifamily Component listed in Exhibit B consist of conceptual improvement plans entitled "Menlo Uptown (Multifamily) Off-Site Street Improvements" prepared by BKF Engineers dated April 25, 2022, PGA Design dated April 22, 2022 and Giacalone Design, Inc. dated March 24, 2022, March 17, 2022, February 3, 2022 and March 11, 2022 (“Multifamily Improvement Plans”). MF Owner shall continue to work towards completion of and City approval of one hundred percent (100%) Multifamily Improvement Plans. The City shall diligently review and process the Multifamily Improvement Plans submitted by MF Owner. As each stage of improvement plans are approved by the City, the more complete and recently approved improvement plans shall be the “Multifamily Improvement Plans". MF Owner shall obtain the approval of the Multifamily Improvement Plans to be constructed by MF Owner in accordance with the Conditions of Approval within three (3) months from the Effective Date. Further, in no event shall the City be obligated to issue a superstructure building permit to MF Owner for the construction of the Multifamily Component of the Project until the Multifamily Improvement Plans have been approved by City. (c) Commencement and Completion of Construction of Multifamily Improvement Plans. Within ninety (90) days following the issuance of a superstructure building permit for the construction of the Multifamily Component of the Project, MF Owner shall commence the installation and construction of the improvements set forth in the Multifamily Improvement Plans to be constructed by MF Owner in accordance with the Conditions of Approval and this Agreement. In the event MF Owner fails to timely commence the construction of the improvements set forth in the Multifamily Improvement Plans as required herein, City may, in its discretion, issue and enforce a stop work notice on all or any portion of work being undertaken by MF Owner pursuant to any building permits issued by City for the construction of any portion of the Multifamily Component of the Project until construction of the improvements set forth in the Multifamily Improvement Plans has commenced to the reasonable satisfaction of the Director or City Engineer.

MF Owner shall complete the installation and construction of the improvements set forth in the Multifamily Improvement Plans in accordance with Section 6 (a) [Director's Inspection] below and City shall complete the Acceptance of the improvements set forth in the Multifamily Improvement Plans in accordance with Section 6 (b) [Acceptance] upon the earlier of (i) twenty four (24) months following the commencement of the installation and construction of the improvements set forth in the Multifamily Improvement Plans or (ii) issuance of a certificate of occupancy, inclusive of a temporary certificate of occupancy, from City for any portion of the Multifamily Component of the Project. The period of time provided for MF Owner to complete Page G-7.13
4 the installation and construction of the improvements set forth in the Multifamily Improvement Plans pursuant to this Agreement may be extended upon application by MF Owner and approval by the Director pursuant to Section 4(b) [Extensions] below. (d) Townhome Improvement Plans. As of the Effective Date, the Plans and Specifications for the Off-Site Improvements for the Townhome Component listed in Exhibit B consist of conceptual improvement plans entitled "Menlo Uptown (Townhomes) Off-Site Street Improvements" prepared by BKF Engineers dated April 25, 2022, PGA Design dated April 22, 2022 and Giacalone Design, Inc. dated March 8, 2022, March 17, 2022 and February 3, 2022 (“Townhome Improvement Plans”). TH Owner shall work towards completion of and shall obtain City approval of one hundred percent (100%) Townhome Improvement Plans. The City shall diligently review and process the Townhome Improvement Plans submitted by the TH Owner. As each stage of improvement plans are approved by the City, the more complete and recently approved improvement plans shall be the "Townhome Improvement Plans". TH Owner shall obtain the approval of the Townhome Improvement Plans to be constructed by TH Owner within eighteen (18) months of the Effective Date. Further, in no event shall City be obligated to issue a superstructure building permit to TH Owner for the construction of the Townhome Component of the Project until the Townhome Improvement Plans have been approved by City. (e) Commencement and Completion of Construction of Townhome Improvement Plans. TH Owner shall commence the installation and construction of the improvements set forth in the Townhome Improvement Plans to be constructed by TH Owner in accordance with the Conditions of Approval and this Agreement, within ninety (90) days following the earlier of (i) issuance of a final certificate of occupancy from City for any portion of the Multifamily Component of the Project, or (ii) issuance of a superstructure building permit from the City to TH Owner for the construction of the Townhome Component of the Project. In the event TH Owner fails to timely commence the construction of the improvements set forth in the Townhome Improvement Plans as required herein, City may, in its discretion, issue and enforce a stop work notice on all or any portion of work being undertaken by TH Owner pursuant to any building permits issued by City for the construction of any portion of the Townhome Component of the Project until construction of the improvements set forth in the Townhome Improvement Plans has commenced to the reasonable satisfaction of the Director or City Engineer. The period of time provided for TH Owner to commence the installation and construction of the improvements set forth in the Townhome Improvement Plans pursuant to Section 2 (e)(i) above may only be extended upon application by TH Owner and approval by the Director pursuant to Section 4(b) [Extensions] below, which approval, if granted, shall be extended to a date or time certain and conditioned on the delivery of improvement security by TH Owner to City in accordance with Section 3 (c).

TH Owner shall complete the installation and construction of the improvements set forth in the Townhome Improvement Plans in accordance with Section 6 (a) [Director's Inspection] below and City shall complete the Acceptance of the improvements set forth in the Townhome Improvement Plans in accordance with Section 6 (b) [Acceptance] upon the earlier of (i) twenty four (24) months following the commencement of the installation and construction of the improvements set forth in the Townhome Improvement Plans or (ii) issuance of a certificate of occupancy, inclusive of a temporary certificate of occupancy, from City for any portion of the Townhome Component of the Project. The period of time provided for TH Owner to complete Page G-7.14
5 the installation and construction of the improvements set forth in the Townhome Improvement Plans pursuant to this Agreement may be extended upon application by TH Owner and approval by the Director pursuant to Section 4(b) [Extensions] below. (f) Transportation Improvements.
(i) Transportation Improvements Requiring Plans and Specifications for Construction. MF Owner shall prepare and submit Plans, Specifications, and Cost Estimates in connection with Condition of Approval 2.w.iii (Willow Road and Bay Road), Condition of Approval 2.ww.iv (Willow Road and Coleman Avenue) and Condition of Approval 2.ww.v (Willow Road and Gilbert Avenue)(collectively referred to as "Near Term Transportation Improvements"), prior to the issuance of a superstructure permit from City to MF Owner for the construction of the Multifamily Component of the Project ("Transportation Improvement Plans"), unless the City Council determines not to require the construction of the transportation improvement identified in Condition of Approval 2.ww.iv (Willow Road and Coleman Avenue) and Condition of Approval

2.ww.v (Willow Road and Gilbert Avenue) pursuant to Condition of Approval 2.xx. The City shall diligently review and process Transportation Improvement Plans submitted by MF Owner.

Within one hundred twenty (120) days following the issuance of a superstructure building permit for the construction of the Multifamily Component of the Project, MF Owner shall commence the installation and construction of the improvements set forth in the Transportation Improvement Plans to be constructed by MF Owner in accordance with the Conditions of Approval and this Agreement. In the event MF Owner fails to timely commence the construction of the improvements set forth in the Transportation Improvement Plans as required herein, City may, in its discretion, issue and enforce a stop work notice on all or any portion of work being undertaken by MF Owner pursuant to any building permits issued by City for the construction of any the Multifamily Component of the Project until construction of the improvements set forth in the Transportation Improvement Plans has commenced to the reasonable satisfaction of the Director or City Engineer. Notwithstanding the foregoing, to the extent that the review and approval of improvement plans by Caltrans of improvements under Caltrans' jurisdiction for Condition of Approval 2.w.iii (Willow Road and Bay Road) delays commencement and progress on transportation improvements, MF Owner may provide documentation of such delays to City and City shall not issue a stop work notice in such circumstance.

MF Owner shall complete the installation and construction of the improvements set forth in the Transportation Improvement Plans in accordance with Section 6 (a) [Director's Inspection] below and City shall complete the Acceptance of the improvements set forth in the Transportation Improvement Plans in accordance with Section 6 (b) [Acceptance] upon the earlier of (i) twenty four (24) months following the commencement of the installation and construction of the improvements set forth in the Transportation Improvement Plans or (ii) issuance of a certificate of occupancy, inclusive of a temporary certificate of occupancy, from City for any portion of the Multifamily Component of the Project. The period of time provided for MF Owner to complete the installation and construction of the improvements set forth in the Transportation Improvement Plans pursuant to this Agreement may be extended upon application by MF Owner and approval by the Director pursuant to Section 4(b) [Extensions] below. (ii) Transportation Improvements Requiring Conceptual Plans, Cost Estimates and Fees Only. Notwithstanding anything else herein, the Parties acknowledge and Page G-7.15
6 agree that Condition of Approval 2.ww.vi (Chrysler Drive and Jefferson Drive), Condition of Approval 2.ww.vii (Chilco Street and Bayfront Expressway) and Condition of Approval 2.ww.viii (Chilco Street and Constitution Drive) (collectively referred to as "Cumulative Transportation Improvements") as further identified in Exhibit C obligate MF Owner to provide conceptual plans and cost estimates and pay fair share fees without any obligation to construct any of the Cumulative Transportation Improvements. Unless such obligation is modified by the City Council consistent with Condition of Approval 2.xx, MF Owner shall be required to provide conceptual plans, engineer’s cost estimates and pay fair share fees for the Cumulative Transportation Improvements prior to issuance of a superstructure building permit from the City to MF Owner for the construction of the Multifamily Component of the Project. MF Owner shall not be required to provide 100% plans and shall not be required to construct such improvements or otherwise comply with the terms of this Agreement relating to construction of improvements. (iii) Transportation Improvements Not Required. Developers shall not be required to construct improvements in connection with Condition of Approval 2.w.w.i (Marsh Road and Bayfront Expressway/Haven Avenue) and Condition of Approval 2.ww.ii (Willow Road and Newbridge Street) and shall instead pay applicable Transportation Impact Fee Program fees.
(g) Other Required Documentation.
(i) Prior to the issuance of a superstructure building permit from City to MF Owner for the construction of the Multifamily Component of the Project, MF Owner shall provide executed copies of all the documents, agreements and notices required pursuant to and set forth in Exhibit D and labeled as required pursuant to Section 2 (g)(i), including the improvement security set forth in Section 3 and insurance coverage set forth in Section 9, with respect to the Near Term Transportation Improvements and improvements set forth in the Multifamily Improvement Plans to be installed, constructed and completed by MF Owner in accordance with the Conditions of Approval and this Agreement, unless waived or deferred by the Director, in writing, until a time certain or the time of a request for a Notice of Completion pursuant to Section 6 (a) [Director’s Inspection] below. The required documents shall include an (A) estimate of costs to construct and complete the improvements set forth in the Multifamily Improvement Plans plus a twenty five percent (25%) contingency (“Multifamily Engineer's Estimate”) and (B) an estimate of costs to construct and complete the improvements set forth in the Transportation Improvement Plans plus a twenty five percent (25%) contingency (“Transportation Engineer's Estimate”).
(ii) Prior to the earlier of (i) issuance of a final certificate of occupancy from City for any portion of the Multifamily Component of the Project, or (ii) issuance of a superstructure building permit from the City to TH Owner for the construction of the Townhome Component of the Project, TH Owner shall provide executed copies of all the documents, agreements and notices required pursuant to and set forth in Exhibit D and labeled as required pursuant to Section 2 (g)(ii), including the improvement security set forth in Section 3 and insurance coverage set forth in Section 9, with respect to the improvements set forth in the Townhome Improvement Plans to be installed, constructed and completed by TH Owner in accordance with the Conditions of Approval and this Agreement, unless waived or deferred by the Director, in writing, until a time certain or the time of a request for a Notice of Completion pursuant Page G-7.16
7 to Section 6 (a) [Director’s Inspection] below. The required documents shall include an estimate of costs to construct and complete the improvements set forth in the Townhome Improvement Plans plus a twenty five percent (25%) contingency (“Townhome Engineer's Estimate”). (iii) At the time of a request for a Notice of Completion for the improvements set forth in the Transportation Improvement Plans, Multifamily Improvement Plans or the Townhome Improvement Plans pursuant to Section 6 (a) [Director’s Inspection] below, Developers, as appropriate, shall provide all documents required pursuant to and set forth in Exhibit E, plus any other materials previously deferred by the Director pursuant to subsections 2 (g)(i) or 2(g)(ii) above, unless waived or deferred by the Director, in writing, until a time certain or the time of a request for Acceptance pursuant to Section 6 (b) below. The required documents shall include as-built plans of the completed improvements, or portion thereof, set forth in the Transportation Improvement Plans, Multifamily Improvement Plans and Townhome Improvement Plans in both electronic (in a reasonably current version of AutoCAD and/or another digital format acceptable to Public Works) and Mylar formats and any reports required by any related Plans and Specifications.
(iv) At the time of a request for Acceptance of the improvements set forth in the Transportation Improvement Plans, Multifamily Improvement Plans or the Townhome Improvement Plans pursuant to Section 6(b) below, Developers, as appropriate, shall provide all the documents required pursuant to and set forth in Exhibit F, plus any other materials previously deferred by the Director pursuant to subsections 2(g)(i), 2 (g)(ii) and 2(g)(iii) above, unless waived or deferred by the Director in writing. In addition, as part of compliance with this subsection 2 (h)(iv), Developers shall coordinate with the City and assist in the City’s process for the subsequent dedication and Acceptance of the improvements set forth in the Transportation Improvement Plans, Multifamily Improvement Plans and the Townhome Improvement Plan by (A) providing necessary maps, legal descriptions and plats for street openings, proposed easements and/or dedications for right of way or utility purposes and for relinquishment of existing rights of access and utilities associated with on-site and off-site development, to the extent applicable, and (B) executing easement agreements or grant deeds or modifying existing easements or grant deeds consistent with the Conditions of Approval, to the extent applicable. (h) Labor Code Compliance. Developers shall carry out, and shall use its best efforts to ensure that its contractors and subcontractors carry out, the design, installation, construction and completion of the Near Term Transportation Improvements in conformity with all applicable State of California Labor Code requirements; the City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City of Menlo Park Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

Developers acknowledge and agree that the Off-Site Improvements and Near Term Transportation Improvements constitute “public works” as defined in Labor Code §1720.

Developers shall be required to comply with prevailing wage requirements in connection with the design and construction of the Off-Site Improvements and Near Term Transportation Improvements to the extent required by applicable State of California Labor Code requirements.

Page G-7.17
8 Developers shall require the general contractor(s) for the Off-Site Improvements and Near Term Transportation Improvements to post on the job site prevailing wage rates for all applicable trades and to submit certified copies of payroll records to Developers to ensure compliance with State of California Labor Code requirements pertaining to public works. Developers shall provide such payroll records to City within ten (10) days following City’s request therefor. Developers shall also include in its construction contract a provision obligating Developers’ contractor to require its contractors and/or subcontractors to comply with public works prevailing wage requirements.

Developers shall defend, with counsel reasonably acceptable to City, indemnify and hold harmless City and Bay Cities Joint Powers Insurance Authority and their respective officials, officers, employees, agents and representatives (“Indemnitees”) from and against any and all liabilities, obligations, orders, claims, damages, governmental fines or penalties, and actual expenses of defense with respect thereto, including reasonable attorneys’ fees and costs (“Claims”) arising out of Developers’ failure to comply with State of California Labor Code requirements pertaining to the design and construction of the Near Term Transportation Improvements. Further, Developers shall indemnify and hold harmless the Indemnitees with respect to all final judgments or settlements in actions brought by any “contractor” in which City is (i) determined to be an “awarding body” and (ii) damages are awarded, pursuant to Labor Code sections 1726 or 1781. Developers’ defense, indemnity and hold harmless obligations under this section shall survive expiration or termination of this Agreement.

Developers hereby waive, release and discharge forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with Developers’ obligation to comply with all State of California Labor Code requirements pertaining to the design, installation, construction and completion of the Near Term Transportation Improvements.

This release applies to all potential future claims and Developers on behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors, subcontractors, material suppliers and vendors (“Releasors”), agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Developers shall include within each of its contracts, subcontracts, and within any other agreements with Releasors involved in the Work, a release in favor of the Indemnitees substantially identical to this Section 2 (h).

3. Improvement Security.
(a) Security: Multifamily Improvement Plans. Concurrent with the delivery of the documentation set forth in Exhibit D in accordance with the provisions of Section 2(g)(i), MF Owner shall furnish and deliver to the Director bonds, in favor of the City, substantially in the form attached as Exhibits G-1 and G-2 and approved by the City Attorney, from an issuer Page G-7.18
9 approved by the Director, securing the completion of the installation and construction of the improvements set forth in the Multifamily Improvement Plans, and payment for all labor, materials, equipment, and services required for the installation and construction of the improvements set forth in the Multifamily Improvement Plans, including any monuments as determined to be necessary by the Director or City Engineer, as follows:
(i) Performance bonds, substantially in the form attached as Exhibit G1 and approved by the City Attorney, in the amount of the Multifamily Engineer's Estimate to secure the satisfactory performance of MF Owner's obligation to complete the installation and construction of the improvements set forth in the Multifamily Improvement Plans; further, as provided therein, upon Acceptance of the improvements set forth in the Multifamily Improvement Plans by City pursuant to Section 6(b), the performance bond shall convert to a warranty bond in the amount of ten percent (10%) of the Multifamily Engineer's Estimate for a period of one (1) year to secure the Warranty Period provided in Section 8(a) below; and (ii) Payment bonds, substantially in the form attached as Exhibit G-2 and approved by the City Attorney, in the amount of the Multifamily Engineer's Estimate to guarantee payment for the labor, materials, equipment, and services required for the installation, construction and completion of the improvements set forth in the Multifamily Improvement Plans. (b) Security: Transportation Improvement Plans. Concurrent with the delivery of the documentation set forth in Exhibit D in accordance with the provisions of Section 2(g)(i), MF Owner shall furnish and deliver to the Director bonds, in favor of the City, substantially in the form attached as Exhibits G-1 and G-2 and approved by the City Attorney, from an issuer approved by the Director, securing the completion of the installation and construction of the improvements set forth in the Transportation Improvement Plans, and payment for all labor, materials, equipment, and services required for the installation and construction of the improvements set forth in the Transportation Improvement Plans, including any monuments as determined to be necessary by the Director or City Engineer, as follows:
(i) Performance bonds, substantially in the form attached as Exhibit G1 and approved by the City Attorney, in the amount of the Transportation Engineer's Estimate for the installation, construction and completion of the improvements set forth in the Transportation Improvement Plans, to secure the satisfactory performance of MF Owner's obligation to complete the installation and construction of the improvements set forth in the Transportation Improvement Plans; further, as provided therein, upon Acceptance of the improvements set forth in the Transportation Improvement Plans by City pursuant to Section 6 (b), the performance bond shall convert to a warranty bond in the amount of ten percent (10%) of the Transportation Engineer's Estimate for a period of one (1) year to secure the Warranty Period provided in Section 8(a) below; and
(ii) Payment bonds, substantially in the form attached as Exhibit G-2 and approved by the City Attorney, in the amount of the Transportation Engineer's Estimate to guarantee payment for the labor, materials, equipment, and services required for the installation, construction and completion of the improvements set forth in the Transportation Improvement Plans.

Page G-7.19
10 (c) Security: Townhome Improvement Plans. Concurrent with the delivery of the documentation set forth in Exhibit D in accordance with the provisions of Section 2(g)(ii), TH Owner shall furnish and deliver to the Director bonds, in favor of the City, substantially in the form attached as Exhibits G-1 and G-2 and approved by the City Attorney, from an issuer approved by the Director, securing the completion of the installation and construction of the improvements set forth in the Townhome Improvement Plans, and payment for all labor, materials, equipment, and services required for the installation and construction of the improvements set forth in the Townhome Improvement Plans, including any monuments as determined to be necessary by the Director or City Engineer, as follows:
(i) Performance bonds, substantially in the form attached as Exhibit G1 and approved by the City Attorney, in the amount of the Townhome Engineer's Estimate for the installation, construction and completion of the improvements set forth in the Townhome Improvement Plans, to secure the satisfactory performance of TH Owner's obligation to complete the installation and construction of the improvements set forth in the Townhome Improvement Plans; further, as provided therein, upon Acceptance of the improvements set forth in the Townhome Improvement Plans by City pursuant to Section 6 (b), the performance bond shall convert to a warranty bond in the amount of ten percent (10%) of the Townhome Engineer's Estimate for a period of one (1) year to secure the Warranty Period provided in Section 8(a) below; and
(ii) Payment bonds, substantially in the form attached as Exhibit G-2 and approved by the City Attorney, in the amount of Townhome Engineer's Estimate guarantee payment for the labor, materials, equipment, and services required for the installation, construction and completion of the improvements set forth in the Townhome Improvement Plans. (d) Use of Security. Any security provided under Section 3(a), 3 (b) and 3(c) shall be referred to collectively as the “Security”. If the installation and construction of the improvements set forth in the Multifamily Improvement Plans, Townhome Improvement Plans or Transportation Improvement Plans are not commenced or completed within the time periods specified in Sections 2(c), 2(e), or 2 (f)(i), respectively, and such period is not extended by the City or as otherwise provided under this Agreement, or Developers has not satisfactorily corrected all deficiencies during the Warranty Period (as defined below), the Security may, as determined by the Director, be used by the City for commencement and completion of the installation and construction of the improvements set forth in and in accordance with the Multifamily Improvement Plans, Townhome Improvement Plans or Transportation Improvement Plans and for the correction of any such deficiencies.

4. Construction of the Off-Site Improvements and Near Term Transportation Improvements.
(a) Permits and Fees. Developers shall not perform any work on the Off-Site Improvements or Near Term Transportation Improvements until all required permits have been obtained for the portion of work involved, and all applicable fees, including, but not limited to, encroachment permit, building permit, plan check, inspection and testing fees, have been paid to City. In addition, no work shall commence until the Developers have submitted to the City and City has approved, which approval shall not be unreasonably withheld, all required items described Page G-7.20
11 in Section 2(g), as applicable, and any additional requirements of and authorizations specified in the Code, Conditions of Approval, and this Agreement, unless the Director, in his or her discretion, has granted a written waiver or deferral for one or more of these materials.

Developers acknowledge that City may inspect the construction of the Off-Site Improvements and Near Term Transportation Improvements and agrees to pay costs incurred by City for these inspection services. Costs of inspection services include, but are not limited to, checking of maps and plans, field checking, inspection and testing conducted by City staff and/or agents or consultants contracted by City to perform such services. City staff, agents and consultants shall at all times during construction of the Off-Site Improvements and Near Term Transportation Improvements have access to the work.
(b) Extensions. The Developers may request an extension of the time period specified in Sections 2(c), 2(e), or 2(f)(i) for completion of the installation and construction of the Off-Site Improvements and Near Term Transportation Improvements by written request to the Director. A request shall include satisfactory evidence, as determined by the Director, to justify the extension, and shall be made upon the Director’s determination that Developers cannot reasonably meet the deadline in the time remaining for completion. The Director may request additional information, and shall in good faith attempt to determine within thirty (30) days of the request whether to grant an extension of time. The Director’s failure to respond within the time specified shall, however, not constitute either a grant or denial of the requested extension. The Director shall not unreasonably withhold a request for an extension. The Director may reasonably condition an extension subject to the terms of this Agreement and the conditions provided in the Code, including execution of an extension agreement and the extension of any security. No extension approved hereunder shall limit or relieve a surety’s liability, or provide an extension on any future obligation under this Agreement.
(i) Consistent with Condition of Approval 2.w.iii (Willow Road and Bay Road), which requires Caltrans review and approval, MF Owner may request the ability to provide a performance bond for 100 percent of the estimated cost of the improvements plus 30 percent contingency in order to obtain occupancy of the Multifamily Portion of the Project. If MF Owner continues to work diligently to the satisfaction of the Director of Public Works or designee, but has not yet obtained approval to construct the improvements within five years from the date of issuance of the building permit for the Multifamily Component of the Project, then MF Owner shall be relieved of the responsibility to construct the improvements and the bond shall be released by the City.
(c) Revisions to Plans and Specifications. Requests by the Developers for revisions, modifications, or amendments to the approved Multifamily Improvement Plans, Townhome Improvement Plans or Transportation Improvement Plans (each a “Plan Revision”) shall be submitted in writing to the Director (with a copy to the Director’s designee). Developers shall not commence construction of any proposed Plan Revision without approval by Public Works and until revised plans have been received and approved by the Director (or the Director’s designee) in writing.

Page G-7.21
12 (i) Any documentation required for a Plan Revision shall be processed with reasonable promptness, and approval of the Plan Revision shall not be deemed final until the amendment or other documentation has been completed.
(ii) Any Plan Revision request shall be accompanied by (A) a statement explaining the need for or purpose of the proposed revision, and (B) drawings and specifications and other related documents showing the proposed Plan Revision in reasonable detail, consistent with the original Plans and Specifications.

5. Release of Security. The Security, or any portions thereof, not required to secure completion of Developers’ obligation for construction or installation of Off-Site Improvements and Near Term Transportation Improvements, to satisfy claims by contractors, subcontractors, and/or persons furnishing materials or equipment, or for setting monuments, shall be released to the Developers, or its successors in interest, or reduced, pursuant to the procedures below as appropriate:
(a) Warranty Bond. Upon the Acceptance of Off-Site Improvements and Near Term Transportation Improvements in accordance with Section 6(a), the Security shall be reduced as to that portion of Off-Site Improvements and Near Term Transportation Improvements in accordance with Section 3(a)(i), 3(b)(i) and 3(c)(i). As to that portion of Off-Site Improvements and Near Term Transportation Improvements, the Security remaining following such reduction is referred to herein as the “Remaining Security,” which term shall also refer to all Security remaining after any release under this Subsection following the Director’s issuance of a Notice of Completion for the final portion of Off-Site Improvements and Near Term Transportation Improvements.
(b) Partial Release of Security. Notwithstanding the release provisions in Section 5(a) and except as provided in Section 5(c), the Security as required by Section 3 may be reduced in conjunction with completion of any portion of Off-Site Improvements and Near Term Transportation Improvements to the satisfaction of the Director in compliance with Section 6(a) to an amount determined by the Director that equals the actual cost of the completed portion of Off-Site Improvements and Near Term Transportation Improvements. Prior to the date that the conditions set forth in Section 5(c) are satisfied, in no event, however, shall the amount of the Security be reduced below the greater of (i) the amount required to guarantee the completion of the remaining portion of Off-Site Improvements and Near Term Transportation Improvements and any other obligation imposed by the Subdivision Map Act, if applicable, the Code, Conditions of Approval or this Agreement; or (ii) the warranty bond totaling ten percent (10%) of the original bond amount.
(c) Release of Remaining Security. Remaining Security shall be released when all of the following have occurred:
(i) One (1) year following the date of Acceptance (as defined below) of (or, as appropriate, a Certificate of Conformity) regarding the relevant portion of Off-Site Improvements and Near Term Transportation Improvements, or, with respect to any specific claim of defects or deficiency in Off-Site Improvements and Near Term Transportation Improvements (excepting therefrom normal wear and tear) after such has been Accepted, one (1) year following Page G-7.22
13 the date that any such defect or deficiency which the Director identified in the Off-Site Improvements and Near Term Transportation Improvements in accordance with Section 6(a) has been corrected or waived in writing by the Director; and (ii) The City Clerk (or the Clerk’s designee) certifies that no claims by any contractor, subcontractor or person furnishing labor, materials or equipment for the Off-Site Improvements and Near Term Transportation Improvements have been filed with the City, or all such claims have been satisfied, withdrawn, or otherwise secured by bond or other security provided by Developers and approved by the Director (or the Director’s designee).

6. Completion and Acceptance.
(a) Director’s Inspection. No sooner than ninety (90) days prior to the date that Developers intend for the Director to issue a Notice of Completion, Developers shall make a written request to the Director of the Developers’ intent to initiate the Notice of Completion process (“Letter of Intent to Request Notice of Completion”). Upon written request from the Developers for a “Notice of Completion”, accompanied with any and all materials that are required under Section 2(g)(iii) [Other Required Documentation] related to the Notice of Completion and any other materials that the Director deferred in writing pursuant to Section 2(g)(i) or 2(g)(ii), other than those materials that the Director has deferred until Acceptance, the Director shall initiate the inspection. If the Developers fail to submit a Letter of Intent to Request Notice of Completion, the Director need not consider the Developers’ request for the Director’s issuance of a Notice of Completion until such a Letter of Intent to Request Notice of Completion is submitted to the Director and ninety (90) days have passed from the submission of the Letter; provided, however, that the Director, in his or her discretion, may agree in writing to a period of less than ninety (90) days from receipt of the Letter to consider issuance of a Notice of Completion.

If the Director determines that the Off-Site Improvements and Near Term Transportation Improvements have not been completed or does not satisfy the above requirements, Director shall notify Developers of such determination together with a statement setting forth with particularity the basis for that determination. If the Director determines that the Off-Site Improvements and Near Term Transportation Improvements has been completed and meets the above requirements, the Director shall issue the Notice of Completion. For the sake of clarity, the Developers may submit separate requests for Notices of Completion for the improvements set forth in the Multifamily Improvement Plans, improvements set forth in the Transportation Improvement Plans and improvements set forth in the Townhome Improvement Plans. Requests to further separate Notices of Completion for separate scopes of work shall be subject to the Director’s approval. (b) Acceptance. “Acceptance” by the City of the Off-Site Improvements and Near Term Transportation Improvements, or portion thereof, for public use and maintenance shall be deemed to have occurred when:
(i) The Director has issued a Notice of Completion for the Off-Site Improvements and Near Term Transportation Improvements, or portion thereof, in accordance with Section 6(a);
(ii) The Developers submit a written request to the Director to accept the Off-Site Improvements and Near Term Transportation Improvements, or portion thereof. Such Page G-7.23
14 submission shall include all materials required by Section 2(g)(iv) and all materials for which the Director authorized deferral under Sections 2(g)(i), 2(g)(ii) and 2(g)(iii); and (iii) The Director, in writing, accepts the Off-Site Improvements and Near Term Transportation Improvements, or portion thereof, for public use and maintenance in accordance with the Code and Developers’ warranty obligations under Section 8(a) of this Agreement.
(c) Offers of Dedication. The Developers’ statements on a Final Map, if applicable, include or shall include certain irrevocable offers of dedication of improvements, easements shown only on the map, easements by agreement, and real property in fee simple. In addition to statements on a Final Map, if applicable, offers of dedication of improvements shall be made by separate instrument(s); offers of dedication of real property in fee simple shall be made by separate instrument(s) and separate deed(s); and offers of dedication of easements shall be made by separate instrument(s). The City Council shall accept, conditionally accept, or reject such offers of easements or fee simple in real property, if applicable, at its discretion, and may accept these offers of easements or fee simple in real property at its convenience through formal action of the City Council or as otherwise provided in local law. The Public Works Director shall accept, conditionally accept, or reject for public right-of-way and utility purposes the Off-Site Improvements and Near Term Transportation Improvements (or a portion of the Off-Site Improvements and Near Term Transportation Improvements), in writing, in accordance with Section 6(b). The Final Map, if applicable, may include certain offers of dedication of easements or fee simple in real property as more particularly set forth therein; upon the Director’s issuance of a Notice of Completion for the Off-Site Improvements and Near Term Transportation Improvements, or portion thereof, in accordance with Section 6(a) of this Agreement, the City Council shall by resolution accept, conditionally accept, or reject such offers of dedication of easements or fee simple in real property.
(d) Dedication. In addition to accepting improvements, if applicable, the City shall dedicate the Off-Site Improvements and Near Term Transportation Improvements to public use and shall designate them for their appropriate public uses.

7. Developers’ Maintenance Responsibility.
(a) General Maintenance and Liability Prior to Acceptance. Prior to Acceptance, Developers shall be responsible for the maintenance and repair of the Off-Site Improvements and Near Term Transportation Improvements, in accordance with the obligations identified for the MF Owner and TH Owner in Section 2, and shall bear liability regarding the same.
(b) Maintenance and Liability Following Acceptance. Following Acceptance of Off-Site Improvements and Near Term Transportation Improvements, and subject to Section 8(a), the City shall assume the responsibility of operating and maintaining and shall be liable for such Off-Site Improvements and Near Term Transportation Improvements in accordance with State law and the Code, as either may be amended from time to time. Without limiting the generality of the foregoing, nothing in this Agreement shall be construed to mean that City shall have right to call upon the Security pursuant to Section 8(a) for the repair, replacement, restoration, Page G-7.24
15 or maintenance of the Off-Site Improvements and Near Term Transportation Improvements damaged during the Warranty Period by the actions of third parties following Acceptance by the City or by ordinary wear and tear or harm or damage from improper operation of the Off-Site Improvements and Near Term Transportation Improvements by the City, or any agent or agency of either. Furthermore, without limiting the generality of the foregoing, nothing in this Agreement shall be construed to mean that Developers do not retain responsibility for maintenance and repair of “sidewalks” and “walkways”, as defined in California Streets and Highways Code §5600 and Menlo Park Municipal Code §13.08.010, respectively, constructed as part of the Off-Site Improvements, pursuant to California Streets and Highways Code §5600 et seq. and Chapter 13.08 of Title 13 of the Code, as said provisions may be amended from time to time. (c) Protection of Off-Site Improvements and Near Term Transportation Improvements. Developers may, but shall not be obligated to, allow access by the public to portions of the Off-Site Improvements and Near Term Transportation Improvements that have been constructed but not Accepted. In order to protect the Off-Site Improvements and Near Term Transportation Improvements from damage and to minimize Developers’ exposure to liability until such time as the applicable Off-Site Improvements and Near Term Transportation Improvements, or portion thereof, is Accepted, Developers may erect a construction fence or other physical barrier around areas under construction, to be constructed in the future, or constructed but not Accepted, provided that Developers have procured all necessary permits and complied with all applicable laws. However, no construction fence or other physical barrier may be built or maintained if the Director determines that a construction fence or other physical barrier adversely affects public health or safety by unreasonably restricting the ingress and egress of the public to and from a public right of way. For purposes of the preceding sentence, if there exists an alternative means of ingress and egress other than the Off-Site Improvements and Near Term Transportation Improvements, then the Director may not determine that the construction fence or other physical barrier constitutes an unreasonable restriction of ingress and egress of the public to and from a public right of way.

8. Warranty and Indemnity.
(a) Warranty. Acceptance of Off-Site Improvements and Near Term Transportation Improvements by the City shall not constitute a waiver of any defects. Separate and apart from any warranty provided at law, Developers covenant that all Off-Site Improvements and Near Term Transportation Improvements constructed or installed by Developers shall be free from defects in material or workmanship and shall perform satisfactorily for a period (a “Warranty Period”) of one (1) year for all portions of the Off-Site Improvements and Near Term Transportation Improvements. Such Warranty Period shall begin upon the Acceptance of the OffSite Improvements and Near Term Transportation Improvements (or portion thereof), except that the Warranty Period for plant materials and trees planted as part of the Off-Site Improvements and Near Term Transportation Improvements shall not commence until the plant establishment period set in accordance with the Multifamily Improvement Plans, Townhome Improvement Plans and Transportation Improvement Plans has satisfactorily passed. During the Warranty Period, Developers shall, as necessary, and upon receipt of a request in writing from the Director that defective work be corrected, inspect, correct, repair or replace any defects in the Off-Site Improvements and Near Term Transportation Improvements (excepting therefrom normal wear and tear) at its own expense. Should Developers fail to act with reasonable promptness to make Page G-7.25
16 such inspection, correction, repair or replacement, or should an emergency require that inspection, correction, repair or replacement be made before Developers can be notified (or prior to Developers’ ability to respond after notice), the City may, at its option, upon notice to Developers, make the necessary inspection, correction, repair or replacement or otherwise perform the necessary work and Developers shall reimburse the City for the actual cost thereof. During the Warranty Period, the City shall hold the Developers’ Security, reduced as described in Section 5, to secure performance of Developers’ foregoing warranty obligations. Developers’ responsibility during the Warranty Period shall include repairing defects and defective material or workmanship, but not ordinary wear and tear or harm or damage from improper maintenance or operation of the Off-Site Improvements and Near Term Transportation Improvements by the City, or any agent or agency of either.
(b) Indemnification of City. Developers, its successors and assigns, shall defend and indemnify the Indemnitees from and against any and all loss, cost, damage, injury, liability, and claims (“Losses”) to the extent arising from Developers’ breach of or negligent performance (or nonperformance) of this Agreement, except to the extent that such indemnity is void or otherwise unenforceable under applicable law, and except to the extent such Loss is the result of the gross negligence or willful misconduct of City, and further provided that any demand for indemnification hereunder with respect to negligent or defective construction must be brought, if at all, within one (1) year after expiration of the Warranty Period applicable to the Off-Site Improvements, or portion therefore. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs, and the City’s cost of investigating any claims against the City.
(c) Limitation on City Liability. The City shall not be an insurer or surety for the design or construction of the Off-Site Improvements and Near Term Transportation Improvements pursuant to the approved Multifamily Improvement Plans, Townhome Improvement Plans and Transportation Improvement Plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss, or damage happening or occurring during the construction of the Off-Site Improvements and Near Term Transportation Improvements as specified in this Agreement, except as may arise due to the gross negligence or willful acts or omissions of the City.

9. Insurance. Prior to performing any Work pursuant to this Agreement, Developers shall, at its sole cost and expense, procure and maintain in effect, or cause to be procured and maintained in effect by contractor performing said Work, insurance coverage for general liability, automobile liability, workers compensation, pollution liability and Builder’s Risk against claims which may arise out of or result from the design, installation, construction and completion of the Off-Site Improvements by Developers, its agents, employees and contractors. Concurrent with the delivery of the documentation set forth in Exhibit D in accordance with the provisions of Section 2(g)(i) and 2 (g)(ii), Developers shall deliver to City one or more certificates of coverage, with the appropriate endorsements outlined below. The insurance policies shall be provided by a financially responsible insurance company authorized to write business in the State of California and have, at Page G-7.26
17 all times, a Best’s rating of “A- VII” (A minus VII) or better by AM Best & Company, and with coverage and policy limits as follows:
(i) The general liability insurance coverage shall have a per occurrence limit of two million and 00/100 dollars ($2,000,000.00) and an aggregate limit of at least five million and 00/100 dollars ($5,000,000.00), and shall be endorsed to (a) include the Indemnitees as additional covered parties providing all required coverages including coverages for both ongoing and completed operations, (b) stipulate that such coverage is primary and is not excess of, or contributing with, any other insurance carried by, or for the benefit of the Indemnitees, (c) apply separately to each insured and additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, (d) waive any and all right of subrogation against the Indemnitees, and (e) contain a cross liability/severability endorsement (unless the base policy contains a separation of insureds clause accomplishing the same result); (ii) The auto liability insurance coverage shall cover all owned, hired and non-owned vehicles utilized in connection with the construction of the Off-Site Improvements with a per occurrence limit of two million and 00/100 dollars ($2,000,000.00) and an aggregate limit of not less than five million and 00/100 dollars ($5,000,000.00), and shall be endorsed to (a) include the Indemnitees as additional covered parties, (b) stipulate that such coverage is primary and is not excess of, or contributing with, any other insurance carried by, or for the benefit of the Indemnitees, (c) apply separately to each insured and additional covered parties against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, (d) waive any and all right of subrogation against the Indemnitees, and (e) contain a cross liability/severability endorsement (unless the base policy contains a separation of insureds clause accomplishing the same result); (iii) Worker’s Compensation insurance as required by the State of California which shall be endorsed to waive any and all rights of subrogation against the Indemnitees; further, any and all subcontractors shall maintain insurance coverage limits in accordance with state statute which shall also be endorsed to waive any and all rights of subrogation against the Indemnitees; (iv) Pollution liability coverage shall have coverage limits of not less than $2,000,000 for each claim arising from the discharge, dispersal, release or escape of any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; coverage shall include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks; and (v) Builder’s Risk property insurance (either directly or through Developers’ general contractor) on all buildings, structures, improvements, materials and real property on site, that are intended to be, or have already been incorporated into and forming part of the Work. Such coverage shall be on a builder’s risk “special perils” or equivalent policy form in an amount not less than the Multifamily Engineer's Estimate and the Transportation Engineer's Estimate in the case of the MF Owner and the Townhome Engineer's Estimate in the case of the TH Owner, plus the value of subsequent contract modifications and the cost of the materials supplied or installed by others, comprising the total value of the Work on a replacement cost basis, with a deductible not to exceed $100,000.00. Such property insurance shall be maintained for the Work, unless otherwise agreed in writing by City. This insurance shall include the interests of City and the other Page G-7.27
18 Indemnitees, Developers, Developers’ contractor and subcontractors on the Work. City shall further have the right to review and reasonably approve the form of Builder’s Risk policy.

10. Miscellaneous.
(a) Relationship Between the Parties; Authority; Binding Effect. In performing its obligations under this Agreement, the Developers are independent contractors and not an agent or employee of the City. This Agreement does not create any partnership or agency between the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions.

No Party is an agent of the other, and has no authority to act on behalf of or to bind the other Party to any obligation whatsoever. Each Party executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind. Each of the terms, covenants and conditions of this Agreement shall extend to and be binding on and shall inure to the benefit the Parties and each of their respective successors and assigns and all those taking by, under or through it or them. (b) Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue for any such proceeding shall be in the Superior Court of the County of San Mateo, State of California. Should any party hereto institute any action or proceeding in court or other dispute resolution mechanism (“DRM”) to enforce any provision hereof by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the losing party, court or DRM costs or expenses incurred by the prevailing party including, without limitation, expert witness fees, document copying expenses, exhibit preparation costs, carrier expenses and postage and communication expenses, and such amount as the court or DRM may adjudge to be reasonable attorneys’ fees for the services rendered the prevailing party in such action or proceeding. Attorneys’ fees under this Section 10(b) include attorneys’ fees on any appeal, and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. (c) Notices.
(i) A notice or communication under this Agreement by either Party to the other (or by or to the Director) shall be sufficiently given or delivered if dispatched by hand or by registered or certified mail, postage prepaid, or via electronic mail, addressed as follows:

In the case of a notice or communication to the Public Works Director:

City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
Attn: Nicole H. Nagaya, Public Works Director
Reference: Menlo Uptown
Email: [email protected]
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19 With copies to:

Office of the City Attorney
c/o Burke, Williams & Sorensen, LLP
181 Third Street, Suite 200
San Rafael, CA 94901-6587
Attn: Nira Doherty, City Attorney
Reference: Menlo Uptown
Email: [email protected]
And in the case of a notice or communication to the Developers:

CLPF GRP Uptown Menlo Park, LLC
450 Sansome Street, Suite 500
San Francisco, CA 94111
Attn: Matthew Udouj
Email: [email protected]
CLPF CRP TH Menlo Park, LLC,
450 Sansome Street, Suite 500
San Francisco, CA 94111
Attn: Matthew Udouj
Email: [email protected]
With copies to:

Chelsea Maclean
Holland & Knight, LLP
50 California Street, Suite 2800
San Francisco, CA 94111
Email: [email protected]
(ii) Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt or, if by electronic mail transmission, on the date when sent provided that the sender receives no notice of non-delivery. (d) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the permitted successors and assigns of the Parties hereto, and upon such transfer in accordance with the provisions set forth herein, the Developers shall be released from its obligations hereunder. Any assignment of rights and obligations under this Agreement shall be in writing between City, Developers and its assignee, shall clearly identify the scope of the rights and/or obligations assigned and shall be subject to the approval of the Director and City Attorney, Page G-7.29
20 including, but not limited to, the requirement that the assignee provides replacement bonds that are consistent with Exhibits G-1 and G-2 in an amount required to secure any remaining obligations as approved by City, the assignee provides proof of adequate insurance in the amount previously provided by Developers and by an insurer with an equal or better credit rating, and the assignee has obtained all rights, title and interest in and to the Property and any other real estate rights reasonably required to satisfy all other conditions required to complete the Work contemplated by this Agreement.
(e) Legal and Equitable Relief. Each Party shall have the right (but not the obligation) to prosecute any proceedings at law or in equity against any other Party, or any other person or entity, violating or attempting to violate or defaulting in the performance of any of the provisions contained in this Agreement in order to prevent such party, person or entity from violating or attempting to violate or defaulting in the performance of any of the provisions of this Agreement or to recover damages for any such violation or default. It is agreed that damages would be an inadequate remedy for violation of this Agreement by any party and, therefore, injunctive or other appropriate equitable relief shall be available to the other party. The remedies available under this Section 10(e) shall include, by way of illustration but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, and actions for specific performance of this Agreement. The result of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any party, either public or private, shall be applicable against every such result and may be exercised by any party. (f) Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by another Party, or the failure by a Party to exercise its rights upon the default of another Party, shall not constitute a waiver of such Party’s right to insist upon and demand strict compliance by the other Party with the terms of this Agreement thereafter. (g) Parties in Interest. Nothing in this Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the City and the Developers, any rights, remedies or claims under or by reason of this Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Agreement contained by or on behalf of the City, or the Developers shall be for the sole and exclusive benefit of the named Parties.
(h) Amendment. This Agreement may be amended, from time to time, by written supplement or amendment hereto and executed by the City and the Developers. The Director of Public Works, with the consent and approval of the City Attorney, is authorized to execute on behalf of the City any amendment that the Director determines is in the City’s best interests and does not materially increase the City’s obligations or materially diminish the City’s rights under this Agreement. The foregoing notwithstanding, nothing herein shall preclude the Director from seeking and securing approval or concurrence of any amendment by the City Council.
(i) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

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21 (j) Interpretation of Agreement. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. This Agreement shall be interpreted as though jointly prepared by both Parties. (k) Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
(l) Recording Agreement. This Agreement shall be recorded against the title of the Property.
(m) Purpose and Effect of Recording. This Agreement shall be recorded for the purpose of providing constructive notice to any future owner of the Property of Developers’ obligations and responsibilities under this Agreement.
(n) Notice of Termination. At the time all the obligations and requirements specified in this Agreement are fully satisfied as determined by the Director of Public Works in consultation with affected City departments, the Parties shall execute and record (if applicable) a Notice of Termination.

IN WITNESS WHEREOF, the City, and MF Owner and TH Owner have executed this Agreement in one or more copies as of the day and year first above written. [SIGNATURES ON NEXT PAGE]
Page G-7.31
22 MF OWNER:

CLPF GRP Uptown Menlo Park, LLC, a Delaware limited liability company By: GS Uptown MP Manager, LLC, a Delaware limited liability company, its Managing Manager
By:

Name:

Its:

TH OWNER:

CLPF CRP TH Menlo Park, LLC, a Delaware limited liability company By: GS Uptown MP Manager, LLC, a Delaware limited liability company, its Managing Member
By:

Name:

Its:

CITY:

CITY OF MENLO PARK,
a municipal corporation

By: __________________________
Its: __________________________
APPROVED AS TO FORM:

CITY ATTORNEY

City Attorney
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LIST OF EXHIBITS
Exhibit A-1 – Legal Description of Multifamily Property Exhibit A-2 – Legal Description of Townhome Property
Exhibit B – List of Off-Site Improvements
Exhibit C – List of Transportation Improvements
Exhibit D – Documents Required by City Pursuant to Section 2(g)(i) and 2(g)(ii) Exhibit E – Documents Required by City Pursuant to Section 2(g)(iii) to Request Notice of Completion
Exhibit F – Documents Required by City Pursuant to Section 2(g)(iv) to Request Acceptance by Public Works Director
Exhibit G-1 – Performance Bond
Exhibit G-2 – Payment Bond
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EXHIBIT A-1
Legal Description of Multifamily Property
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EXHIBIT A-2
Legal Description of Townhome Property
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EXHIBIT B
List of Off-Site Improvements
Off-Site Improvements for Multifamily Component:
• Sewer Upsize on Jefferson
• Sewer Upsize on Chrysler
• Portion of Water Main Relocation on Constitution (along MF frontage) • Portion of Gas Main Relocation on Constitution (along MF frontage) • Gas main relocation on Jefferson
• Electric Undergrounding across Jefferson
Parcel adjacent improvements
• Asphalt Paving Improvements
• Concrete Improvements
• Sanitary Sewer
• Storm Drain
• Landscape & Irrigation
• Water
• Dry Utility
• Demolition
• Green Infrastructure
Off-Site Improvements for Townhome Component:
• Portion of Water Main Relocation on Constitution (along TH Frontage) • Portion of Gas Main Relocation on Constitution (along TH Frontage) Parcel adjacent improvements
• Asphalt Paving Improvements
• Concrete Improvements
• Sanitary Sewer
• Storm Drain
• Landscape & Irrigation
• Water
• Dry Utility
• Demolition
• Green Infrastructure
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EXHIBIT C
List of Transportation Improvements
Transportation Improvements:

Near Term Transportation Improvements - Requiring Plans and Specifications for Construction (unless modified by City Council):

Condition of Approval 2.w.iii.

Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Bay Road is to modify southbound Bay Road to have two left-turn lanes and one right turn lane. This improvement was studied and is included in the City’s TIF program.

The proposed improvement would require Caltrans approval. Both above and below ground utilities may require modification due to the widening. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate.

The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy of the first building. If Caltrans approval has not been obtained prior to occupancy of the first building, but the applicant demonstrates that it has worked diligently to pursue Caltrans approval to the satisfaction of the Director of Public Works or designee, the applicant shall submit to the City a performance bond for 100 percent of the estimated costs plus a 30 percent contingency.

The applicant shall continue to pursue approval and construction for a period of five years from the date of issuance of the first building permit. If the applicant continues to work diligently to the satisfaction of the Director of Public Works or designee, but has not yet obtained approval to construct the improvement, then the applicant shall be relieved of responsibility to construct the improvement and the bond shall be released by the City of Menlo Park.

Condition of Approval 2.ww.iv.

Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Coleman Avenue is to install a right-turn lane on eastbound Willow Road and restripe the shared through/right lane to through lane resulting in having one left-turn lane, one through lane, and one right-turn lane in this direction. Both above and below ground utilities may require modification due to the widening. This improvement is not included in the City’s TIF program. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy. Any project(s) approved within 10 years of the approval date Page G-7.38
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of the Menlo Uptown project and required to implement the same intersection improvement shall reimburse the Menlo Uptown applicant or its proportional fair share of the improvement costs.

Condition of Approval 2.ww.v.

Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Gilbert Avenue is to install a right-turn lane on eastbound Willow Road and restripe the shared through/right lane to through lane resulting in having one left-turn lane, one through lane, and one right-turn lane in this direction. Both above and below ground utilities may require modification due to the widening. This improvement is not included in the City's TIF program. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy. Any project(s) approved within 10 years of the approval date of the Menlo Uptown project and required to implement the same intersection improvement shall reimburse the Menlo Uptown applicant for its proportional fair share of the improvement costs.

Cumulative Transportation Improvements - Transportation Improvements Requiring Conceptual Plans and Cost Estimates for Fees (unless modified by City Council):

Condition of Approval 2.ww.vi.

Under the Cumulative scenario, the proposed intersection improvements at the intersection of Chrysler Drive and Jefferson Drive are to install 1) a traffic signal and 2) convert the shared left/right lane to one left-turn lane and one right-turn lane on northbound Jefferson Drive. The installation of a traffic signal was studied and is included in the City’s TIF program. The TIF payment will fulfill this requirement. To fulfill the other intersection improvement, the applicant shall provide a conceptual plan and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. The fair share contribution for the intersection improvement, calculated as 7.4% of the cost estimate, shall be paid prior to the issuance of a building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Condition of Approval 2.ww.vii.

Under the Cumulative scenario the proposed intersection improvement at the intersection of Chilco Street and Bayfront Expressway is to modify the center left-turn lane to shared left-/right lane on Chilco Street and re-design the existing shared bike lane, resulting in having one left-turn lane, one shared left/right lane, and one right-turn lane. This improvement is not included in the City’s TIF program. To fulfill this improvement, the applicant shall provide a conceptual plan and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. The fair share contribution for the intersection improvement, calculated as 2.2% of the cost estimate, shall be paid prior to the issuance of a Page G-7.39

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building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Condition of Approval 2.ww.viii.

Under the Cumulative scenario, the proposed improvement at the intersection of Chilco Street and Constitution Drive is to install a left-turn lane and convert the shared left/through lane to through lane on southbound Constitution Drive resulting in having one left-turn lane, one through lane, and one right-turn lane. Applicant shall provide a conceptual plan of the following improvement and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. This improvement is not included in the City’s TIF program. The fair share contribution for the intersection improvement, calculated as 3.5% of the cost estimate, shall be paid prior to the issuance of a building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Transportation Improvements Not Required to be Constructed Condition of Approval 2.ww.i
Under the Near Term scenario, the proposed intersection improvement at the intersection of Marsh Road and Bayfront Expressway/Haven Avenue is to restripe the through lane on Haven Avenue to a shared through/right lane resulting in having one shared left/through lane, one shared through/right lane, and one right-turn lane. This improvement was studied and is included in the city’s TIF program. Note this improvement has been initiated. The applicant shall consult with the City for direction prior to proceeding to the next step and the applicant’s obligation. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvement prior to occupancy.

Condition of Approval 2.ww.ii
Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Newbridge Street is to modify signal timing to a protected left-turn phasing operation on Newbridge Street. Provide a leading left-turn phase on southbound Newbridge Street and a lagging left-turn phase on northbound Newbridge Street and optimize the signal timing. This improvement was studied and is included in the City’s TIF program. The proposed improvement would require Caltrans approval. Signal and other electrical utilities and equipment will also require modification. Note this improvement has been initiated. The applicant shall consult with the City for direction prior to proceeding to the next step and the applicant’s obligation. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited Page G-7.40
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to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy of the first building. If Caltrans approval has not been obtained prior to occupancy of the first building, but the applicant demonstrates that it has worked diligently to pursue Caltrans approval to the satisfaction of the Director of Public Works or designee, the applicant shall submit to the City a performance bond for 100 percent of the estimated costs plus a 30 percent contingency. The applicant shall continue to pursue approval and construction for a period of five years from the date of issuance of the first building permit.

If the applicant continues to work diligently to the satisfaction of the Director of Public Works or designee, but has not yet obtained approval to construct the improvement, then the applicant shall be relieved of responsibility to construct the improvement and the bond shall be released by the City of Menlo Park.

Page G-7.41

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EXHIBIT D
Documentation Required by City Pursuant to Sections 2 (g) (i) and 2 (g) (ii) Multifamily Component Requirements Pursuant to Section 2 (g) (i)

1. Approved Multifamily Improvement Plans and Transportation Improvement Plans

2. Offer of dedication of Off-Site Improvements for the Multifamily Component from Developer to City upon Acceptance of Off-Site Improvements

3. Offer of dedication of Near Term Transportation Improvements for the Project from Developer to City upon Acceptance of Near Term Transportation Improvements

4. Offer of dedication of real property interests, if any, from Developer to City upon Acceptance of Off-Site Improvements and Near Term Transportation Improvements

5. Deeds/public easement agreements, if necessary

6. Insurance Certificates

7. Multifamily Engineer's Estimate

8. Payment and Performance/Warranty Bonds in amount of Multifamily Engineer's Estimate and Transportation Engineer's Estimate

9. Encroachment Permits for work in public right of way.

Townhome Component Requirements Pursuant to Section 2 (g) (ii)

1. Approved Townhome Improvement Plans

2. Offer of dedication of Off-Site Improvements for the Townhome Component from Developer to City upon Acceptance of Off-Site Improvements

3. Offer of dedication of real property interests, if any, from Developer to City upon Acceptance of Off-Site Improvements and Near Term Transportation Improvements

4. Deeds/public easement agreements, if necessary

5. Insurance Certificates

6. Townhome Engineer's Estimate

7. Payment and Performance/Warranty Bonds in amount of Townhome Engineer's Estimate

8. Encroachment Permits for work in public right of way.

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EXHIBIT E
Documentation Required by City Pursuant to Section 2 (g) (iii) to Request Notice of Completion

1. Developer Request Letter for Determination of Completeness (“DOC”)

2. Contractor Substantial Completion Letter

3. Civil Engineer Completion Notice

4. Geotechnical Engineer Completion Letter

5. Landscape Architect Completion Notice

6. City Final Punch-list Approval

7. Utility Conformance Letter (as applicable)

8. As-Built Plan Approval

9. Recorded Notice of Completion

10. Survey Monuments

11. Test Reports

12. Joint Trench Conduits mandrel test (as applicable)

13. Confirmation of Removal of all Non-Compliance Reports (“NCR”)

14. Confirmation of all Change Orders/Instructional Bulletins

15. Confirmation from City that Spare Parts have been provided (as applicable)

16. Operation and Maintenance Manuals (as applicable)

17. DOC Recommendation from Public Works
Page G-7.43

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EXHIBIT F
Documentation Required by City Pursuant to Section 2 (g) (iv) to Request Acceptance by Public Works Director

1. Developer Request for Acceptance Letter

2. Lien Notification to General Contractor and Subs

3. Utility Bill of Sale (as applicable)

4. 3rd Party Reimbursement Checks-Copies

5. Assignment of Warranties and Guaranties

6. License Agreements (as applicable)

7. Mechanic's Lien Guarantee

8. Modified Offers of Off-Site Improvements (as applicable)

9. Updated Grant Deeds (as applicable)

Page G-7.44
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EXHIBIT G-1
Performance/Warranty Bond
(Chapter 5, Division 2, Title 7 of California Government Code) Bond no. _______
WHEREAS, the CITY OF MENLO PARK, a California municipal corporation (“Owner”), has approved the [Multifamily Improvement Plans OR Townhome Improvement Plans (insert actual title of plans)], prepared by [Name of Engineering Firm] and dated _________, 2022 (“Improvement Plans”), which improvements described therein are required to be constructed as set forth in that certain Public Improvement Agreement dated __________, 2022, by and between Owner, CLPF GRP Uptown Menlo Park, LLC, and CLPF CRP TH Menlo Park, LLC (“Agreement”); and
WHEREAS, [insert name of developer](“Developer”) is required to furnish a bond in connection with the construction of the improvements shown on said Improvement Plans in the amount of the Engineer’s Estimate (as said term is defined in the Agreement) ($____________) (“Penal Sum”) as security for the faithful performance of the work to be performed, which upon completion and acceptance of the constructed improvements by the Owner, converts to a warranty bond equal to ten (10%) of the Engineer’s Estimate ($__________), for the warranty of the accepted improvements for a period of one (1) year; and WHEREAS, this Bond consists of this page and the Bond Terms And Conditions, Paragraphs 1 through 14, attached to this page.

NOW, THEREFORE, we the undersigned Developer and, ______________________, as Surety are held and firmly bound unto the sum of _____________________dollars ($________________________) to be paid to the Owner, for which payment, we bind ourselves, jointly and severally.
[Signature Pages to Follow]
Page G-7.45

OAK #4868-3236-5853 v9
Dated: ____________, 2022
Correspondence or claims relating to this
bond should be sent to the Surety at the
following address:
__________________________
__________________________
__________________________
DEVELOPER:

By:

Name:

Its:

SURETY:
[insert name of Surety]

By: _____________________________________
Attorney-in-fact
Note: Signature of those executing for the Surety must be properly acknowledged, and a power of attorney attached.

Page G-7.46
OAK #4868-3236-5853 v9

CERTIFICATE OF ACKNOWLEDGMENT
State of California, County of San Mateo.

On this _______ day of _________________ in the year 2022 before me, ________________________, personally appeared _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of ______________________________________, and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL)
_______________________________________________
Notary Public
Page G-7.47

OAK #4868-3236-5853 v9

BOND TERMS AND CONDITIONS

1. Developer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Agreement, which is incorporated herein by reference.

2. If Developer completely and properly performs all of its obligations under the Agreement, Surety and Developer shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a default under the Agreement pursuant to the terms of the Agreement.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within forty (40) days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Developer, with consent of Owner, to perform and complete the Agreement (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Agreement itself, through its agents or through independent contractors or construction entities; provided, that Surety may not select Developer as its agent or independent contractor or Developer without Owner’s consent; or

4.3 Undertake to perform and complete the Agreement by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Agreement and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Surety and the contractor or Developer selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Agreement; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Developer, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Agreement and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Developer’s default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 7 below.

Page G-7.48
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5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Agreement including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Developer’s obligations under the Agreement. Surety’s obligations include, but are not limited to:

6.1 Developer’s obligations to complete the Agreement and correct Defective Work;

6.2 Developer’s obligations to pay liquidated damages, if applicable; and

6.3 To the extent otherwise required of Developer under the Agreement, Developer’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Developer Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Developer Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Agreement, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Agreement or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Agreement, including provisions on changes to the Agreement.

No extension of time, change, alteration, modification, deletion, or addition to the Agreement, Plans and Specifications, or of the work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or Page G-7.49

OAK #4868-3236-5853 v9
exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Developer regarding the Agreement, or in the courts of the County of San Mateo, or in a court of competent jurisdiction in the location in which the work is located.

12. All notices to Surety or Developer shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in the Agreement. Actual receipt of notice by Surety, Owner or Developer, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Agreement: That certain Public Improvement Agreement dated __________, 2022, by and between Developer and Owner, including any amendments or addenda thereto.

14.2 Developer Default: Material failure of Developer, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Agreement.

14.3 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to perform material terms of the Agreement, if such failure is the cause of the asserted Developer Default.

END OF DOCUMENT
Page G-7.50
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EXHIBIT G-2
Payment Bond
(Chapter 5, Title 3, Part 6, Division 4 of California Civil Code or Chapter 5, Division 2, Title 7 of California Government Code)
Bond No. ________________
WHEREAS, the CITY OF MENLO PARK, a California municipal corporation (“Owner”), has approved the [Multifamily Improvement Plans OR Townhome Improvement Plans (insert actual title of plans)], prepared by [Name of Engineering Firm] and dated _________, 2022 (“Improvement Plans”), which improvements described therein are required to be constructed as set forth in that certain Public Improvement Agreement dated __________, 2022, by and between Owner, CLPF GRP Uptown Menlo Park, LLC, and CLPF CRP TH Menlo Park, LLC (“Agreement”); and
WHEREAS, [insert name of developer] (“Developer”) is required to furnish a Payment Bond in connection with said Agreement, to secure the payment of claims of laborers, mechanics, material men and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Developer and
, as Surety, are held and firmly bound unto Owner in the sum of the Engineer’s Estimate (as defined in the Agreement) ($ ) (“Penal Sum”), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if Developer, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Developer and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Page G-7.51

OAK #4868-3236-5853 v9
Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 2022.
[Signature Pages to Follow]
Page G-7.52
OAK #4868-3236-5853 v9
Dated: ____________, 2022
Correspondence or claims relating to this
bond should be sent to the Surety at the
following address:
__________________________
__________________________
__________________________
DEVELOPER:

By:

Name:

Its:

SURETY:
[insert name of Surety]
By: _____________________________________
Attorney-in-fact
Note: Signature of those executing for the surety must be properly acknowledged, and a power of attorney attached.

Page G-7.53

OAK #4868-3236-5853 v9

CERTIFICATE OF ACKNOWLEDGMENT
State of California, County of San Mateo.

STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-102-CC
Consent Calendar: Adopt a resolution authorizing staff to submit an application to the San Mateo County Transportation
Authority for Measure A Alternative Congestion
Relief and Measure W Transportation Demand
Management Program Funding
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) authorizing staff to submit an application to the San Mateo County Transportation Authority for Measure A Alternative Congestion Relief (ACR) and Measure W Transportation Demand Management (TDM) Program Funding to help support the El Camino Real and Ravenswood Avenue crossing improvements project (Project.) Policy Issues
This Project is consistent with the 2016 General Plan goal and policies. 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. The Project is also included in the City’s capital improvement program. The grant application requires a City Council resolution of support and commitment of matching funds.

Background
San Mateo County Transportation Authority (SMCTA) released their first call for projects for Fiscal Years 2023-24 for the ACR-TDM Program. This grant program includes approximately $6 million to fund transportation projects that encourage the use of sustainable transportation modes, provide congestion relief and support network efficiency.

Eligible pedestrian and bicycle projects include smaller scale transit access improvements that would not qualify under SMCTA Bicycle and Pedestrian Program, which is focused on larger, corridor projects.

Analysis
El Camino Real is a major north-south arterial and a barrier to east-west pedestrian and bicycle travel. The City conducted the El Camino Real Corridor Study in 2015 and one of the highest priorities for desired improvements heard from the community was enhanced pedestrian safety and crossings. When the City Council accepted the study in 2016, they voted to advance east-west connectivity improvements into design and environmental clearance phase in advance of any further work on future north-south El Camino Real bicycle facilities. Completing the crosswalks at three intersections on El Camino Real (Ravenswood, Roble and Encinal Avenues) by installing crosswalks on the fourth leg is included in the City’s capital improvement program. The crosswalks at Middle and Cambridge Avenues are being completed as part of the Middle AGENDA ITEM G-8
Page G-8.1
Staff Report #: 22-102-CC

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

City staff is currently working with a consultant to design the added crosswalks and signal improvements at all three intersections (Attachment B.) The location of Ravenswood Avenue was chosen for this grant because its closest to the Caltrain station and will enhance access to the train station and downtown, making it competitive for this grant. The improvement will include leading pedestrian intervals that provide pedestrians a “walk” signal before vehicles receiving a green light, which improves visibility and safety for pedestrians.

The grant application is required to be submitted by May 27. Staff is finalizing the grant application and would be seeking the maximum award of $200,000 in funds toward the construction of the improvements.

The total cost of the improvements is anticipated to be approximately $500,000, and the City would contribute the remainder of the cost as part of the required local match. The City’s contribution would exceed the required 10 percent local match, which would provide a more competitive application.

Notification of award for the grant is expected by August 2022. Pending successful award of the grant funds, the City expects that the design would be substantially completed by the end of 2022 and construction would begin in 2023.

Impact on City Resources
The estimated total cost of the El Camino Real and Ravenswood pedestrian improvements is $500,000, and the City is requesting $200,000 from the Measure A/Measure W Grant, which is the maximum award amount. The grant also requires a 10 percent local match. The City’s capital improvement program includes approximately $307,000 for designing and constructing the three new crossings, including approximately $170,000 in funding for the design phase. The City’s additional match for the current project is expected to be funded from different sources including the Transportation Impact Fee and the Transportation Project (Minor) project. If the City is successful in securing this grant, staff would program the funds as part of the midyear budget update in fiscal year 2022-23.

If the City is not successful with this grant, staff would continue to identify potential grant sources or could return to City Council to fund the improvements with local funds as part of a future budget request.

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 (Measure A, Measure W Grant)
B. Map of the project location
Page G-8.2
Staff Report #: 22-102-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Report prepared by:

Kristiann Choy, Senior Transportation Engineer
Report reviewed by:

Hugh Louch, Assistant Public Works Director - Transportation Page G-8.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

SUPPORTING THE EL CAMINO REAL AND RAVENSWOOD AVENUE

CROSSING IMPROVEMENTS PROJECT, SUBMITTING AN APPLICATION TO

THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR MEASURE

A ALTERNATIVE CONGESTION RELIEF AND MEASURE W

TRANSPORTATION DEMAND MANAGEMENT PROGRAM FUNDING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

SAN MATEO COUNTY TRANSPORTATION AUTHORITY
WHEREAS, the City of Menlo Park has identified that El Camino Real is a major road barrier to east-west pedestrian and bicycle travel, and
WHEREAS, the City of Menlo Park has developed El Camino Real and Ravenswood Avenue Crossing Improvements (Project) to complete the crosswalks at the intersection and to install leading pedestrian intervals to improve safety, and
WHEREAS, the Project is located one block from the Caltrain station and will encourage pedestrian travel to use transit and access to the downtown, and WHEREAS, it will cost $500,000 to implement the Project scope, and WHEREAS, the Sponsor seeks $200,000 for the Project, and WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Measure A Alternative Congestion Relief & Measure W Transportation Demand Management (ACR/TDM) Program on April 7, 2022, and
WHEREAS, the TA requires a resolution from the City Council:

1. Supporting the Project and application for $200,000 in TA ACR/TDM Program funds for Project, and

2. Committing the City of Menlo Park to the completion of the Project, including the commitment of matching funds in the amount of $300,000 needed for implementation, and

3. Certifying that any funds awarded by the San Mateo County Transportation Authority will be used to supplement existing funds for program activities, and will not replace existing funds or resources, and

4. Authorizing the City Manager, or his/her designee, to sign a funding agreement with the TA, if funds are awarded, for TA ACR/TDM Program funding for the Project and to take any other actions necessary to give effect to this resolution, and

5. Committing to commence work on the Project, if awarded, within one year of the TA Board of Directors allocating 2022 ACR/TDM Program funding.

NOW, THEREFORE, BE IT RESOLVED that the City of Menlo Park Directs staff to submit an application for TA ACR/TDM Program funds for $200,000 for the El Camino Real and Ravenswood Avenue Crossing Improvements.

1. Authorizes the City Manager, or his/her designee, to execute a funding agreement with the TA to encumber any ACR/TDM Program funds awarded.

2. Commits to the completion of the Project, including the commitment of $300,000 of matching funds needed for implementation from the existing Menlo Park capital Page G-8.4 ATTACHMENT A
improvement program budget for this Project, the Transportation Minor project, or Transportation Impact Fee funds, if awarded the requested TA funds.

3. Certifies that any funds awarded by the TA will be used to supplement existing funds for the Project, and will not replace existing funds or resources.

4. Commits to commencing work on the Project, if awarded, within one year of the TA Board of Directors allocating the 2022 ACR/TDM Program funds.

5. Authorizes the City Manager to take any other actions necessary to give effect to this resolution.

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 May, 2022.

Judi A. Herren, City Clerk
Page G-8.5
St.

Raymond's
School
Menlo-Atherton
High School
Nativity
School
Sacred
Heart Prep
Menlo School
Nealon Park
Burgess Park
El Camino Real Crossing Improvements
Proposed Crosswalk Improvements
The Guild Theater
Middle Plaza
Parks
Schools
City Limits

EL CAMINO REAL

LAUREL ST

MENLO AVE

RAVENSWOOD AVE

GLENWOOD AVE

OAK GROVE AVE

UNIVERSITY DR

VALPARAISO AVE

MIDDLE AVE

ENCINAL AVE

CAMBRIDGE AVE

ROBLE AVE
ATTACHMENT B Page G-8.6
Administrative Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-092-CC
Regular Business: Adopt a resolution to ratify a successor agreement between the City of Menlo Park and Menlo Park
Police Sergeants’ Association expiring June 30,
2025
Recommendation
Staff recommends the City Council adopt a resolution to ratify the successor agreement between the City of Menlo Park and the Menlo Park Police Sergeants’ Association (PSA) expiring June 30, 2025.

Policy Issues
City Council retains sole authority to enter into memoranda of understanding with recognized labor units.

Memorandum of understanding (MOU) negotiations are governed by the Meyers-Milias-Brown Act (MMBA), Government Code section 3500. MMBA requires that local agencies meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized collective bargaining units. MMBA further requires that the City fully consider proposals made by collective bargaining unit representatives before determining policy or course of action.

Background
The City Council held its initial hearing to receive public input before launching negotiations with PSA April

12. After the public input hearing, City Council appointed Charles Sakai of Sloan Sakai Yeung Wong LLP to serve as the City’s chief negotiator. Mr. Sakai received direction to negotiate the successor MOU with PSA, and both parties reached a tentative agreement (Attachment B) April 27.

Analysis
This report summarizes the tentative agreement negotiated in good faith with PSA representatives. PSA’s membership ratified the tentative agreement April 27. While the tentative agreement conforms to the authority provided to Mr. Sakai, the final action required is City Council ratification at a public meeting. The tentative agreement provisions will be incorporated into the development of the fiscal year 2022-23 budget.

Attachment A transmits a redline version of the expired MOU to highlight the tentative agreement for City Council ratification. Table 1 summarizes tentative agreement terms with financial impacts.

AGENDA ITEM H-1 Page H-1.1
Staff Report #: 22-092-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: Tentative agreement items with financial impact to City Item Description Cost/ (savings)
Term
MOU Section 1

Page 1 ends

Menlo Park City CouncilMay 24, 2022

Menlo Park City Council
May 24, 2022