The tentative agreement (TA) provides for a three-year term beginning with City Council ratification and ending June 30, 2025.
Given that negotiation of a successor agreement is not required for fiscal years 2023-24 and 2024-25, the City is estimated to save approximately $30,000 per year which reflects legal costs and internal staff time required to support negotiations.* (2x) ($60,000)
Lump sum
payments
MOU Section 2.1.3
The TA provides a lump sum payment to all employees in this unit that did not receive the POA’s lump sum payment in 2021, as follows:
• $2,000 per employee effective the pay period following ratification in 2022* (1x)
$18,000
On call pay
MOU Section 2.10
The TA revises the on call pay provision to include the Traffic Sergeant position.
• Fiscal Year 2022-23
• Fiscal Year 2023-24
• Fiscal Year 2024-25
$13,590
13,998
14,418
$42,005
Work schedule for
special
assignments
MOU Section 9.1.1
The TA revises the special assignment work schedule to an 84-hour biweekly schedule (the increased cost is driven by the additional scheduled non-overtime work hours.)
• Fiscal Year 2022-23
• Fiscal Year 2023-24
• Fiscal Year 2024-25
$23,070
23,762
24,475
$71,308
Flexible benefits
plan contribution
MOU Section 6.1
The TA includes benefit alignments to SEIU, AFSCME, and POA which also includes an across the board increase in flexible benefits plan contribution based on the annual Consumer Price Index for the San Francisco Bay Area:
• 2022 adjustment to equal SEIU contribution* (3x)
• January 2023 CPI Increase between 2-4%* (2x)
• January 2024 CPI Increase between 2-4%* (1x)
$10,995
10,643
11,045
$32,684
Page H-1.2
Staff Report #: 22-092-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Total Year 1, one time
Year 1, incremental
Subtotal year 1
Year 2, incremental
Year 3, incremental
Y2 and Y3, savings
3-year contract term, compounded
$18,000
47,655
$65,655
$48,403
49,938
$98,341
($60,000)
$247,710
*recurrence of incremental costs
Impact on City Resources
The development of the fiscal year 2022-23 budget would incorporate the terms of the tentative agreement. The net increase in City costs is $247,710 over the life of the contract.
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 report 15-days prior to the City Council meeting of May 24, 2022.
Attachments
A. Resolution
B. Redlined version – MOU between PSA and City of Menlo Park, July 1, 2022 – June 30, 2025 Report prepared by:
Kristen Middleton, Interim Human Resources Manager
Marvin Davis, Interim Finance Director
Page H-1.3
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
APPROVING AND ADOPTING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING WITH MENLO PARK POLICE SERGEANTS’
ASSOCIATION WITH A TERM OF JULY 1, 2022 THROUGH JUNE 30, 2025 WHEREAS, the City of Menlo Park received a report on expiring labor agreements on April 12, 2022 in accordance with City Council’s policy on Public Input and Outreach Regarding Labor Negotiations; and
WHEREAS, the Memorandum of Understanding (“MOU”) between the City of Menlo Park (“City”) and the Menlo Park Police Sergeants’ Association (“PSA”) will expire on June 30, 2022; and
WHEREAS, Negotiators for City and PSA began the meet and confer process on March 22, 2022, and reached a tentative agreement (TA) on a successor MOU on April 27, 2022; and WHEREAS, City and the PSA have met and conferred in good faith and have agreed to the attached comprehensive successor MOU (Exhibit A); and
WHEREAS, the terms of the successor MOU make changes to the flexible benefit plan contributions, on call pay, special assignment work schedule, and one-time lump sum payments in 2022, and has a term July 1, 2022 to June 30, 2025; and WHEREAS, PSA membership ratified the TA set forth in Exhibit A on April 27, 2022; and WHEREAS, the staff recommends the City Council adopt Resolution No. XXXX to adopt a successor agreement between the City and PSA; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MENLO PARK HEREBY RESOLVES THAT:
1. City adopts the TA with PSA for a successor MOU with a term of July 1, 2022 through June 30, 2025, as set forth in Exhibit A attached and incorporated by reference.
2. City Council authorizes the City Manager to execute the successor MOU.
3. City Manager may approve formatting edits to the successor MOU. //
//
//
//
//
ATTACHMENT A Page H-1.4
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the 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
Exhibits:
A. Comprehensive successor MOU
Page H-1.5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MENLO PARK POLICE SERGEANTS
ASSOCIATION
AND
THE CITY OF MENLO PARK
July 17, 20222019 to June 30, 20252022
ATTACHMENT B Page H-1.6
i
TABLE OF CONTENTS
Page
PREAMBLE ...................................................................................................................... 1 ARTICLE 1: TERM ........................................................................................................... 1 ARTICLE 2: PAY RATES AND PRACTICES ............................................................ 1 ARTICLE 1: 2.1 Salary Schedule ...................................................................................... 1
2.2 POST Incentive.......................................................................................1 ARTICLE 1: 2.3 Overtime ................................................................................................. 2 ARTICLE 1: 2.4 Call Back Pay ......................................................................................... 2 ARTICLE 1: 2.5 Uniform Allowance ................................................................................ 2 ARTICLE 1: 2.6 General Leave Cashout ........................................................................... 2 ARTICLE 1: 2.7 Compensatory Time ............................................................................... 2 ARTICLE 1: 2.8 Continuing Benefits ................................................................................ 3 ARTICLE 1: 2.9 Bilingual Differential .............................................................................. 3 ARTICLE 1: 2.10 On-Call Pay .......................................................................................... 3 ARTICLE 1: 2.11 Vehicle Allowance ............................................................................... 4 ARTICLE 1: 2.12 Night Shift Differential ......................................................................... 4 ARTICLE 1: 2.13 Longevity Pay ....................................................................................... 4
2.14 Working Out of Classification .............................................................. 5 ARTICLE 3: LEAVE PROVISIONS ............................................................................. 5 ARTICLE 1: 3.1 Leave of Absence Without Pay .............................................................. 5 ARTICLE 1: 3.2 Long Term Disability ............................................................................. 5 ARTICLE 1: 3.3 Jury Duty and Subpoenas - Not Related to Official Duties .................... 6 ARTICLE 1: 3.4 Military Leave ........................................................................................ 6 ARTICLE 1: 3.5 Bereavement Leave ................................................................................ 6 ARTICLE 1: 3.6 Workers’ Compensation ......................................................................... 7
3.7 Training Offset Hours ............................................................................. 7 ARTICLE 4: GENERAL LEAVE PROGRAM ................................................................. 7
4.1 General Leave Program .......................................................................... 7
4.2 Transfer of Leave for Catastrophic Illness ............................................. 8
4.3 Transition to General Leave ................................................................... 9 ARTICLE 5: NO SMOKING AREAS ............................................................................... 9 ARTICLE 6: BENEFIT PROGRAMS ............................................................................... 9 ARTICLE 1: 6.1 Cafeteria Plan ......................................................................................... 9 Page H-1.7
ii
6.2 Dental Insurance ................................................................................... 11
6.3 Vision ................................................................................................... 11
6.4 Retiree Medical Trust ........................................................................... 11
6.5 Educational Leave and Tuition Reimbursement …………………….11 ARTICLE 7: HOLIDAYS ................................................................................................ 11 ARTICLE 8: RETIREMENT PROGRAMS .................................................................... 13
8.1 Retirement Plan .................................................................................... 13
8.2 Optional Provisions .............................................................................. 14
8.3 City’s Contribution to Retirement ........................................................ 14
8.4 Employee’s Contribution to Retirement System .................................. 14
8.5 Honorary Retirement ............................................................................ 15 ARTICLE 9: WORKING CONDITIONS ........................................................................ 15
9.1 Work Schedules .................................................................................... 15
9.2 Adjustment to Schedule ........................................................................ 16
9.3 Layoffs .................................................................................................. 17
9.4 Training ................................................................................................ 17
9.5 Donning and Doffing of Uniforms ....................................................... 17 ARTICLE 10: GRIEVANCE PROCEDURE .................................................................... 17
10.1 Definitions .......................................................................................... 17
10.2 General Provisions .............................................................................. 17
10.3 Grievance Procedure ........................................................................... 18
10.4 Disciplinary Appeals .......................................................................... 21 ARTICLE 11: RECOGNITION ......................................................................................... 23 ARTICLE 12: FULL UNDERSTANDING MODIFICATION AND WAIVER .............. 23 ARTICLE 13: SEPARABILITY ........................................................................................ 23 ARTICLE 14: LABOR MANAGEMENT COMMITTEE ................................................ 23 ARTICLE 15: EFFECT OF AGREEMENT ...................................................................... 24 APPENDIX A: PAY RANGES
APPENDIX B: ADMINISTRATION OF RETIREMENT HEALTH CREDITS FOR RETIREES Page H-1.8
1 PREAMBLE
This Memorandum of Understanding is reached between the City of Menlo Park (“City”) and the Menlo Park Police Sergeants’ Association (“PSA”), representing the classification of Sergeant within the City’s Police Department. The parties have reached this Memorandum of Understanding following meeting and conferring in good faith as required under Government Code Sections, 3500, et seq. Existing practices and/or benefits which are not referenced in this Memorandum and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.
The parties agree as follows:
ARTICLE 1: TERM
The term of this Memorandum shall be July 1, 2022 to June 30, 2025.
ARTICLE 2: PAY RATES AND PRACTICES
2.1 Salary Schedule
2.1.1 The salary schedule for employees in the representation unit shall be as set forth in Appendix “A” to this Agreement.
2.1.2 The City shall maintain the current minimum base pay differential of fifteen percent (15%) between top step Police Corporal and top step Sergeant.
Effective the first full pay period following approval of this agreement by City Council, the City shall increase the differential between POA and PSA classifications’ base pay (“base Base pay” does not include premiums or other assignment-based pays, longevity pay, deferred compensation, uniform allowance, and POST incentive), from 12.15% to 13.5%.
2.1.3 Year 1 Payment (FY 22-23) Effective the first full pay period in July 2020, the City shall increase the differential between POA and PSA classificiations’ base pay from 13.5% to 14.5%.
Except for individuals who received the 2021 lump sum payment as members of the POA bargaining unit, PSA bargaining unit members who are City employees during the first pay period following the City Council adoption of the resolution authorizing amendments to the MOU will receive a one-time lump sum payment of $2,000. Employees may elect to have the $2,000 Lump Sum Payment deposited into their Deferred Compensation Account (subject to IRS maximum contribution limits). If the employee does not elect to deposit the Lump Sum Payment into their Deferred Compensation Account or if the Formatted: Indent: Left: 0.5", Hanging: 0.56"
Formatted: Indent: Left: 0.5", Hanging: 0.56"
Formatted: Indent: Left: 0.5", Hanging: 0.56"
Page H-1.9
2 money cannot be lawfully deposited, it will be included in the employee’s paycheck for the applicable pay period. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only.
Effective the first full pay period in July 2021, the City shall increase the differential between POA and PSA classifications’ base pay from 14.5% to 15.0%.
2.2 POST Incentive
Unit members who possess a Peace Officer Standards and Training (POST) intermediate certificate shall receive a five percent (5%) premium in accordance with the current practice.
Unit members who possess a Peace Officer Standards and Training (POST) advanced certificate shall receive a ten percent (10%) premium in accordance with the current practice.
2.3 Overtime
Officers on a forty (40) hour assignment shall be paid overtime at the rate of time and one-half (1 -1/2) their regular rate of pay for all hours worked in excess of forty (40) hours in a single workweek. Officers who work a patrol schedule or special assignment with a 42 hour workweek (84 hours biweekly) under a 7(k) work period as allowed under the Fair Labor Standards Act shall receive overtime for all hours worked in excess of one hundred and sixty-eight (168) hours in a twenty-eight (28) day work period, pursuant to a 7(k) work period under the Fair Labor Standards Act. Hours worked shall include all hours for which the officer is in a paid status including paid leave time. Overtime is paid on a biweekly basis.
2.4 Call Back Pay
Employees who are called back after leaving work at the end of a normal shift shall be entitled to a minimum of four (4) hours pay at the rate of time and one-half (1-1/2); exception: court pay is three (3) hours minimum.
2.5 Uniform Allowance
All unit members shall receive the sum of One Thousand Forty Dollars ($1,040.00) per year to be used for the purchase and maintenance of uniforms. Payment shall be made in the amount of Forty Dollars ($40.00) per biweekly pay period. If an eligible employee is Formatted: Indent: Left: 0", Hanging: 0.5"
Page H-1.10
3 on unpaid leave for a period of one (1) full pay period or more, the employee will not receive uniform allowance pay for that period. The City will pay the initial cost of a class A uniform for all unit members.
2.6 General Leave Cashout
An employee may cash out General Leave in accordance with the General Leave Cashout Policy.
2.7 Compensatory Time
Compensatory time accrued in a different classification may not be carried over upon promotion. All compensatory time accrued prior to promotion to Sergeant will be cashed out at the time of promotion at the employee’s hourly rate immediately preceding promotion.
An employee may accumulate a maximum of three hundred (300) hours of compensatory time. Once an employee has reached the limits of compensatory time in this section he/she shall receive cash at the overtime rate for all overtime worked.
Any employee who reaches the limit of three hundred (300) hours of compensatory time on the books will not be allowed to accrue further compensatory time until the balance falls below the three hundred (300) hours maximum.
With the last full payroll period each December, all unused compensatory time shall be cashed out at the employee’s rate of pay.
Upon termination, all unused compensatory time shall be paid out at the employee’s final rate of pay.
2.8 Continuing Benefits
The City will pay the increased cost of existing benefits, except as specifically provided herein.
2.9 Bilingual Differential
2.9.1 Any position assigned to job duties requiring bilingual skills are eligible to receive Seventy-Five ($75.00) each pay period for the use of bilingual skills in job duties arising during the normal course of work.
2.9.2 The Human Resources Department, on the basis of a proficiency test developed and administered by the City, shall determine eligibility for the bilingual pay differential.
Page H-1.11
4 2.9.3 Bilingual skills shall not be a condition of employment except for employees who are hired specifically with that requirement. If an employee is hired under this provision, that requirement shall be included in the initial employment letter.
2.9.4 The City retains the right to discontinue the bilingual differential, provided the City gives the exclusive representative ten (10) days written notice prior to such revocation, in order to allow the opportunity for the parties to meet and confer.
2.9.5 No employee shall be required to use bilingual skills that is not compensated under this section.
Any employee who is reassigned to another position within this bargaining unit, and was receiving the bilingual differential at the time of appointment, shall have their need for bilingual skills reviewed by the Chief of Police. If the Chief of Police determines that bilingual skills in the position are required, the differential shall continue, otherwise, the bilingual differential will be discontinued.
2.10 On-Call Pay
Sergeants assigned to the detective or traffic unit who are placed in an on-call status shall be compensated one (1) hour of pay at the member’s regular rate of pay for each day.
Sergeants assigned to the detective or traffic unit who are on-call and fail to respond when called may be subject to disciplinary action.
2.11 Vehicle Allowance
Sergeants assigned to the detective unit, who are assigned to use their personally owned vehicle for City use, shall receive a monthly automobile allowance of five hundred dollars ($500.00). The automobile allowance shall cover all costs of operating the vehicle for City use, including but not limited to, maintenance, insurance and fuel.
2.12 Night Shift Differential
For employees assigned to patrol, the City shall pay a shift differential of two percent (2.00%) for regular assignment to night shift. The shift differential shall not be paid on any regularly assigned schedule worked which includes day or swing shift.
Shift differential shall only be paid to employees assigned to a night shift, and shall not apply to employees filling open shifts or otherwise assigned to nights on a temporary basis. For the puposes of this section, a temporary assignment shall be defined as one consecutive pay period or less.
2.13 Longevity Pay
Employees who have achieved levels of continuous service in a full time sworn police position with the City of Menlo Park, and who have received annual performance Page H-1.12
5 reviews with overall ratings of “meets standards” or above shall be eligible to receive the following:
2.13.1 The first pay period after completing seven (7) years of service: two percent (2.00%) calculated upon base pay.
2.13.2 The first pay period after completing eleven (11) years of service: four percent (4.00%) calculated upon base pay.
2.13.3 The first pay period after completing fifteen (15) years of service: six percent (6.00%) calculated upon base pay.
2.13.4 The first pay period after completing twenty (20) years of service: eight percent (8.00%) calculated upon base pay.
The maximum longevity pay that may be received by an employee is eight percent (8.00%).
2.14 Working Out of Classification
Upon specific written assignment by the Police Chief or his/her designated representative, an employee may be required to perform the duties of a position in a higher classification. Such assignments shall be made to existing authorized positions that are not actively occupied due to the temporary absence of the regularly appointed employee. Any Sergeant working out of classification shall be paid five percent (5%) above their current rate of pay. Such pay shall be paid for the hours the duties are actually assigned and performed in the higher classification.
ARTICLE 3: LEAVE PROVISIONS
3.1 Leave of Absence Without Pay
3.1.1 Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interests of the City. Leaves denied in the best interests of the City shall be taken as soon as possible after the interests of the City are met. The member shall be notified of the effective date of the rescheduled leave.
3.1.2 Requests for leave of absence without pay must be submitted to the Police Chief using the Human Resources Division’s form . The Chief may recommend approval of a leave of absence without pay for a period not less than four weeks nor more than one (1) year, during which time no benefits and no seniority will accrue. The Chief’s recommendation shall be forwarded to the Human Resources Division for approval.
Page H-1.13
6 3.1.3 Upon expiration of a regularly approved leave, or within five (5) working days after notice to return to duty, the employee shall be reinstated in the same or an equivalent position to that held at the time the leave was granted. Failure on the part of an employee to report promptly at the expiration of the leave, or within five (5) working days after notice to report for duty shall be treated as an automatic resignation from City service unless the Chief determines that extenuating circumstances exist to excuse that absence. However, any unapproved absence may be cause for disciplinary action.
3.1.5 Merit pay raises and performance review dates shall be extended by the amount of the leave without pay taken.
3.2 Long Term Disability
3.2.1 Should any non-work related illness or injury extend beyond () forty-five (45) consecutive days, the City will ensure continued payment to the worker up to a maximum of 66.67 percent of salary, as provided in the long term disability policy. The amounts paid shall be less any payments received from either workers’ compensation or retirement. During the first year of disability and so long as no retirement determination has been made by the City, the worker will be entitled to continued City paid health insurance, AD&D, and dental and life insurance benefits. At the end of 365 calendar days from the date of illness or injury or unless previously retired, should the worker not be able to return to work, the worker will be permitted to continue to participate in City paid health insurance, AD&D, and dental and life insurance benefits. However, the employee will be required to pay 100% of any premiums.
3.3 Jury Duty and Subpoenas - Not Related to Official Duties
3.3.1 An employee required to report for jury duty or to answer a subpoena as a witness, provided the witness has no financial interest in the outcome of the case, shall be granted leave with pay from his/her assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service.
3.3.2 When an employee returns to complete a regular shift following time served on jury duty or as a witness, such time falling within work shift shall be considered as time worked for purposes of shift completion and overtime computation. In determining whether or not an employee shall return to his/her regular shift following performance of the duties above, reasonable consideration shall be given to such factors as travel time and a period of rest.
3.4 Military Leave
Page H-1.14
7 3.4.1 Military leave of absence shall be granted and compensated in accordance with Military and Veterans Code Sections 389 and 395 et seq. Employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
3.5 Bereavement Leave
3.5.1 An employee shall be allowed leave with pay for not more than three (3) working days when absent because a death has occurred in the immediate family. For purpose of bereavement leave, members of the immediate family shall be limited to mother, father, child, sibling, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchild, grandmother, grandfather, spouse, domestic partner, or dependent of the employee. Employees may use General Leave for bereavement purposes for relations not included above provided such leave is approved in advance by the Chief of Police.
3.6 Workers’ Compensation
3.6.1 Sworn personnel shall be granted leave with pay for a disability caused by illness or injury arising out of and in the course of his/her employment, in accordance with Section 4850 of the Labor Code of the State of California.
3.7 Training Offset Hours
3.7.1 Sergeants who work a patrol shift as part of a 4/12 work schedule shall be provided with a bank of twenty-four (24) hours for training offset, credited pay period one (1) of each payroll calendar year. The hours shall be used to fill in for the remainder of a shift where voluntary training was provided (e.g., if an employee attends an eight (8) hour day of training, the employee may use four (4) hours of training offset time to complete their twelve (12) hour shift. Eight (8) hours training plus four (4) hours training offset = twelve (12) hour shift).
These hours may only be used in conjunction with supplementing time off for voluntary training.
3.7.2 Training Offset Hours do not accrue. Any Training Offset Hours not used by the date of separation for employees separating during the year, or by the end of the last pay period in the payroll calendar year for other employees, shall not be paid out nor carried over to subsequent years. Training offset hours may not be cashed out or used for any purpose other than stated above.
ARTICLE 4: GENERAL LEAVE PROGRAM
4.1 General Leave Program
Page H-1.15
8 Accrual of General Leave is as follows:
1 - 5 years 216 hours
6 - 10 years 230 hours
11 - 15 years 256 hours
16 - 20 years 280 hours
20 + years 296 hours
Actual accrual is biweekly prorated from the above table. The maximum number of hours which may be accrued is One Thousand Four Hundred (1,400) hours of general leave.
4.1.1 Upon separation from City service accrued general leave up to the maximum may be converted to cash. The amount shall be calculated on the base hourly rate of the employee multiplied by the number of hours converted. Upon retirement from City employment an employee hired on or before June 30, 2004 may convert any accrued general leave not converted to cash to retirement health insurance credits at the rate of one (1) unit for every eight (8) hours of accumulated general leave with any remainder being rounded to the next higher credit.
Qualified employees hired on or before June 30, 2004 who have at least twenty (20) years of service with the City may elect to have their accrued general leave balance converted to retirement health credits at the rate of one (1) unit for every six (6) hours of accumulated sick leave with any remainder being rounded to the next higher credit. If this election is made, the retirement health credit calculated shall not exceed the highest HMO health plan premium as may be in effect at such time such credit is applied. Election shall be made at the time of retirement.
Reimbursement of premiums to retirees shall be in the same manner as currently done since 1990. The method of reimbursement is detailed in Appendix B.
4.1.2 Double Coverage. Workers who qualify for the retirement health credit conversion may elect double coverage at the rate of two (2) units for every month of paid health insurance.
4.1.3 Family Coverage. Workers who qualify for the retirement health credit conversion may elect family coverage at the rate of three (3) units for every month of paid health insurance.
4.2 Transfer of Leave for Catastrophic Illness
Transfer of leave for catastrophic illness is designed to assist employees who have exhausted leave due to a catastrophic illness, injury or condition of the worker. This policy allows other workers to make voluntary grants of time to that worker so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition.
Page H-1.16
9 A catastrophic illness is defined as an illness which has been diagnosed by a competent physician, requiring an extended period of treatment or recuperation, and which has a significant risk to life or life expectancy. Confirmation of the condition and prognosis by a health care provider chosen by the City may be required.
The Human Resources Department will discuss with the PSA or their designated representative an appropriate method of soliciting contributions from coworkers. The contributions shall be submitted to the Human Resources Department and Human the Resources Department will process the contribution list in the order established. Any officer shall be allowed to contribute a maximum of eighty (80) hours of leave from their accrued management leave balance to another full-time or permanent part-time worker in the City who is suffering from a catastrophic illness and has exhausted his or her own sick leave, provided, however, they have maintained a positive management leave balance of forty (40) hours or more following the donation. Once the contribution is made it cannot be rescinded.
Upon return to work, an employee may bank any remaining hours that have been contributed up to a maximum of forty (40) hours. If the contribution list has not been exhausted, the contributing workers will be notified that their contribution was not required and the balance restored.
4.3 Transition to General Leave
Employees who promote into the PSA bargaining unit from a unit which accrues both sick leave and vacation will have their vacation balances converted to General Leave.
Anv remaining sick leave balance will be frozen and the employee mav use sick leave for their own illness and injury or to care for an immediate family member who is ill or injured, as provided under state law and the Citv's Personnel Rules.
The City shall have the right and obligation to monitor the operation of sick leave and take appropriate action to insure that benefits are paid only for actual illness and injury.
ARTICLE 5: NO SMOKING AREAS
City owned vehicles used by unit members shall be considered offices and designated as no smoking areas.
ARTICLE 6: BENEFIT PROGRAMS
6.1 Cafeteria Plan
6.1.1 Each active employee and retiree shall receive aThe City shall make a direct contribution equal to the minimum employer contribution for agencies Page H-1.17
10 participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree.
6.1.2 Effective the first month following City Council adoption of this agreement, tThe City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in 6.1.1 equals the following:
$2,12398 per month Employee plus 2/more dependentsFamily coverage
$1,647 847 per month Employee plus 1 dependentTwo-person coverage
$845980 per month Employee Singleonly coverage
The active employee will be responsible for any remaining premium in excess of the allocated amount.
[EXAMPLE: If the PEMHCA minimum contribution is $122140, then the City shall make a flexible benefits plan contribution of $2006 2,258 per month for family coverage, $1,707 per month for two-person coverage and $840 per month for single coverage.]
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $391.00 per month.
6.1.3 Effective January 1, 2020For the plan year beginning January 1, 2023, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in 6.1.1 equals the following:contributions in Section
6.1.2 increased by an amount equal to the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-San Jose) measured from February 2021 to February 2022. However, the increase in the City’s contribution shall be no less than two percent (2.0%) and no more than four percent (4%) (i.e., CPI 2- 4%).
$2,171 per month Employee plus 2/more dependents
$1,680 per month Employee plus 1 dependent
$862 per month Employee only
The active employee will be responsible for any remaining premium in excess of the allocated amount.
[EXAMPLE: If the PEMHCA minimum contribution is $122, then the City shall make a flexible benefits plan contribution of $2,049 per month for family coverage.]
Formatted: Indent: Left: 1"
Page H-1.18
11 Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $391.00 per month.
6.1.4 For the plan year beginning January 1, 2024Effective January 1, 2021, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in 6.1.1 equals the following:contributions in Section
6.1.3 increased by an amount equal to the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-San Jose) measured from February 2022 to February 2023. However, the increase in the City’s contribution shall be no less than two percent (2.0%) and no more than four percent (4%) (i.e., CPI 2- 4%).
$2,236 per month Employee plus 2/more dependents
$1,730 per month Employee plus 1 dependent
$888 per month Employee only
The active employee will be responsible for any remaining premium in excess of the allocated amount.
[EXAMPLE: If the PEMHCA minimum contribution is $122, then the City shall make a flexible benefits plan contribution of $2,114 per month for family coverage.]
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $391.00 per month.
6.1.5 For the plan year beginning January 1, 2025, the City shall make a nonelective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in 6.1.1 equals the contributions in Section 6.1.4 increased by an amount equal to the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-San Jose) measured from February 2023 to February 2024. However, the increase in the City’s contribution shall be no less than two percent (2.0%) and no more than four percent (4%) (i.e., CPI 2-4%).
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $391.00 per month.
6.1.56 Each active employee may use his/her allocated amount for any benefits permitted by law and provided for in the FSA plan document. The FSA plan document will be amended to eliminate cash distributions.
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12 6.1.67 Each employee must enroll in an available PEMHCA health insurance plan or demonstrate that he/she has health insurance coverage equivalent to the PEMHCA plan in order to receive the amount identified as “no coverage.”
6.1.78 Effective January 1, 2018, Cash-in-Lieu of Medical Coverage amounts will be included in the calculation of regular rate for overtime purposes. In the event that a court issues a final decision holding that Cash-in-Lieu of Medical Coverage payments do not need to be included in the regular rate, the City will cease including Cash-in-Lieu in the regular rate.
6.2 Dental Insurance
The City shall provide dental insurance to employees and eligible dependents the month following an employee’s date of hire or promotion in accordance with the City’s Evidence of Coverage document.
6.3 Vision
The City shall pay the full cost for fully insured Vision Insurance provided by VSP, or an equivalent insurance provider, providing vision benefits as described in the summary plan description.
6.4 Retiree Medical Trust
The PSA shall endeavor to join the PORAC Retiree Medical Trust (RMT), or some other RMT, during the term of this MOU. The sole purpose of the RMT will be to provide funding for medical expenses and health insurance costs for eligible retirees, or qualified family members of eligible retirees as established by the RMT. Participation in the RMT shall be the complete and sole responsibility of PSA. The City shall not have any involvement in the RMT’s design, its administration or in the benefits paid, nor shall the City have any responsibility for any actions of the RMT or its trustees or of PSA with respect to the RMT. PSA will indemnify, defend and hold harmless the City, its agencies, officers, and employees, against any and all claims or legal proceedings regarding the operation of the RMT.
6.5 Educational Leave and Tuition Reimbursement
The City shall contribute Eight Thousand Dollars ($8,000) annually on July 1st of each year to the PSA educational leave and tuition reimbursement fund. For FY 2019-20, the City shall make the $8,000 contribution July 17, 2019. The City will reimburse expenses for tuition, books, lab fees and equipment, and curriculum fees incurred by an employee, for classes completed in accredited institutions of learning or approved specialized training groups leading to an academic degree or improved job related skills. Parking fees or health fees related to enrollment will not be included. Programs must be approved in advance. Reimbursement will be provided upon successful completion of approved courses. Employees must attach a final grade of “C” or better Page H-1.20
13 for both undergraduate and graduate work. The employees may not elect to take a “pass-fail” grade if the letter system of grading is offered. Courses providing a “pass/fail” must achieve a “pass” to qualify for reimbursement. Funds expended on tuition reimbursement will be subject to appropriate IRS regulations. Employees wishing to engage in educational programs involving work time may be granted rescheduled time if departmental operations permit.
All employees assigned by the City to attend meetings, workshops or conventions shall have thir dues and reasonable expenses paid by the City and shall be allowed to attend such workshops, meetings and conventions on paid City time. Such required educational functions shall be reimbursed from departmental training funds and shall not be counted against the employee’s allowance or the annual tuition reimbursement.
Employee may under tuition reimbursement fund request reimbursement for trade publications, technical books, and printed materials related to the employee’s employment.
Claims for qualified expenditures shall first be reimbursed to an individual maximum of fourteen hundred dollars ($1,400) per fiscal year. After payment of all such claims, on June 30, should there be unused funds remaining in this fund, qualified expenses in excess of fourteen hundred dollars ($1,400) already paid, and received no later than July 15 of that year, shall be reimbursed on a pro-rata basis not to exceed a total annual individual reimbursement of Five Thousand Dollars ($5,000).
ARTICLE 7: HOLIDAYS
7.1 Except as otherwise provided, employees within the representation unit shall have the following fixed holidays with pay:
New Year’s Day January 1
Martin Luther King Day Third Monday in January
Lincoln’s Birthday February 12
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25
One full day either December 24 or December 31
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14 7.1.1 Designation of which one full day on either December 24 or December 31 is a fixed holiday shall be made by the Police Chief, considering the needs of the service and the officer’s desires.
7.1.2 Holidays on an Employee’s Regular Day Off
a. Patrol. Fixed Holiday on a Regular Day Off. If a fixed holiday falls on an employee’s regularly scheduled day off for an employee who is filling a Patrol assignment, and the employee is not required to work that day, the employee shall receive eight (8) hours of holiday pay at their straight time hourly rate.
b. Non-patrol. When a holiday falls on the regular day off for an employee who is filling a non-Patrol assignment, and the employee is not required to work that day, that employee will normally flex his or her regular day off to account for the holiday (i.e., will use the 8 hours of holiday time to take time off on another day during the same workweek). However, with the approval of their supervisor, and subject to the operational needs of the Department, employees on a non-Patrol assignment may work their full workweek and receive an additional eight (8) hours of pay for the holiday (i.e., 40 hours for time worked plus 8 hours for the holiday).
7.1.3 An employee who is scheduled to work on a fixed holiday, and who does not work, including absences due to illness or injury for which they would otherwise be eligible for sick leave, shall be entitled to eight (8) hours of holiday pay and shall use general leave, or other appropriate paid/unpaid leave to make up any difference between the holiday and his or her regularly scheduled shift. An employee will not be paid for more than his or her regular day’s pay for any holiday when he or she does not work.
7.1.4 Work on a Fixed Holiday (Non-Patrol)
a. Holidays on Employee’s Regular Workday. Any employee required to work a Non-Patrol assignment on a fixed holiday which falls on his or her regular workday shall be paid time and one-half for such work in addition to eight (8) hours of holiday pay. [For Example, if an employee has a regular work schedule of Monday through Thursday and works a full Non-Patrol shift on a holiday which falls on a Monday (his or her regular workday), he or she would be paid a total of 23 hours (8 hours holiday pay plus 10 hours at time and one half).]
b. Holidays on an Employees’ Regular Day Off. Any employee required to work a Non-Patrol assignment on a fixed holiday which falls on his or her regular day off shall be paid double time for such work in addition to eight (8) hours of holiday pay. [For Example, if an employee has a regular work schedule of Tuesday through Friday and works a Non-Patrol shift on a holiday Page H-1.22
15 which falls on a Monday (his or her regular workday), he or she would be paid a total of 28 hours (8 hours holiday pay plus 10 hours at double time).]
7.1.5 Work on a Fixed Holiday (Patrol)
a. Holidays on Employee’s Regular Workday. Any Employee required to work Patrol on a fixed holiday which falls on his or her regular workday shall be paid time and one-half for such work in addition to his or her regular pay.
Employees who work their regular shift for a fixed holiday shall not receive additional holiday pay. [For Example, if an employee has a regular work schedule of Monday through Wednesday and works a full Patrol shift on a holiday which falls on a Monday (his or her regular workday), he or she would be paid a total of 30 hours (12 hours plus 12 hours at time and one half).]
b. Holidays on an Employee’s Regular Day Off. Any employee required to work Patrol on a fixed holiday on his or her regular day off shall be paid double time for such work in addition to eight (8) hours of holiday pay pursuant to section 7.1.2. [For Example, if an employee has a regular work schedule of Wednesday through Saturday and works a full Patrol shift on a holiday which falls on a Monday (his or her regular day off), he or she would be paid a total of 32 hours (8 hours holiday pay plus 12 hours at double time.)
7.1.6 Pay for holidays may not be taken as compensatory time off.
ARTICLE 8: RETIREMENT PROGRAMS
8.1 Retirement Plan
Retirement benefits for employees hired prior to November 20, 2011 shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 3% at age 50 Formula, highest single year.
For employees hired on or after November 20, 2011, who are not new members as defined by PERS, retirement benefits shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 3% at age 55 formula, highest three years.
For new employees, as defined by the Public Employees’ Retirement System (PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the Public Employees’ Retirement System (PERS) for Local Safety Members 2.7% at age 57 formula, highest three years.
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16 8.2 Optional Provisions
8.2.1 1959 Survivor Allowance as set forth in Section 6 of Chapter 9 of the Public Employees’ Retirement Law, commencing with Section 21570 of the Government Code, shall be provided.
8.2.2 Third Level of 1959 Survivor Benefits, as provided under Government Code Section 21573, shall be included.
8.3 City’s Contribution to Retirement
8.3.1 The City shall pay the rate prescribed by the Public Employees’ Retirement System for employer contributions to the Public Employees’ Retirement System in accordance with the rules and regulations governing such employer contributions.
8.3.2 Classic employees shall contribute three percent (3.00%) toward the employer’s contribution to the Public Employees’ Retirement System(Employee Paid City Contribution).
8.3.3 To the extent permitted by law, the Employee Paid City Contribution shall be taken as a pre-tax deduction from the employees’ paycheck each payroll period.
The City and PSA agree that the three percent (3%) will continue past the expiration of the MOU. If for any reason the City is precluded from making the Employee Paid City Contribution deduction or the deduction cannot be made on a pre-tax basis, the parties agree to meet and confer regarding ways to cure the defect.
8.3.4 The parties understand that the Employee Paid City Contribution is a payment towards the Normal Cost of Retirement Benefits pursuant to Government Code Section 20516.5.
8.4 Employee’s Contribution to Retirement System
8.4.1 The full employees’s contribution shall be deducted from the unit member’s pay by the City and forwarded to the Public Employees’ Retirement System in accordance with the rules and regulations governing such contributions.
8.4.2 New employees, as defined by the Public Employees’ Retirement System (PERS), hired on or after January 1, 2013, shall make a member contribution of 50% of the Normal Cost of the benefit as a pre-tax deduction from the employees’ paycheck each payroll period.
The City has implemented Employer Pick-up, Internal Revenue Code 414 (h) (2) on the employee’s contribution to the Public Employees’ Retirement System.
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17 8.4.3. As soon as practicable, the City will modify its contract with CalPERS to provide for a 3.0% additional Member Contribution over and above Normal Contribution for classic members. This means that classic members will make an additional
3.0% contribution into their member account and will cease making the contribution in 8.3.2. The total member contribution for classic employees will be 12%.
8.4.4 Each employee designated by CalPERS as a "new member" (PEPRA member) in accordance with applicable laws shall contribute the greater of half of the normal cost or twelve percent (12%).
8.4.4.1 In the event that half of the normal cost is less than twelve percent (12%), PEPRA members will contribute an amount equal to the difference between half of the normal cost and twelve percent (12%) toward employer's contribution to the Public Employees' Retirement System. For example, if half of the normal cost is 11.5%, PEPRA members will contribute an additional 0.5% for a total of 12%.
8.4.4.2 Any additional employer contribution paid by PEPRA member shall be taken as a pre-tax deduction from the employees' paycheck each payroll period.
8.5 Honorary Retirement
8.5.1 Upon separation, an employee who leaves the service of the Menlo Park Police Department shall be considered retired provided the unit member has fifteen (15) years of service with the department and is in good standing at the time of departure.
8.5.2 An employee shall be given a retirement badge and identification card.
8.5.3 The same requirements for a concealed weapons permit shall apply as for any other applicant. A concealed weapons permit shall not be automatically approved.
8.5.4 Retirement under this section shall be honorary and shall not involve any payment or benefit to the unit member or liability on the part of the City.
ARTICLE 9: WORKING CONDITIONS
9.1 Work Schedules
The Chief of Police shall determine the appropriate regular or alternative work schedules of the Department and the various divisions, sections and details based upon the feasibility or operational needs. The Chief of Police may modify schedules to drop an alternative work schedule and revert to a regular eight (8) hour schedule except that any Page H-1.25
18 resulting schedule different from a five (5) days on, two (2) days off will be subject to the meet and confer process.
Alternative work schedules may be administered under the 7(k) work period provisions of the Fair Labor Standards Act.
9.1.1 4/10 Work Schedule
A 4/10 work schedule is defined as ten (10) hours per day worked, four (4) days per calendar week. However, Sergeants assigned to specialty positions (“special assignments”) pursuant to Menlo Park Police Department Policy Manual Section 1029 will normally work ten-and-one-half (10.5) hours per day, pursuant to the 7k exemption.
9.1.2 4/12 Work Schedule
A 4/12 work schedule is defined as a series of twelve (12) hours per day worked in four consecutive days followed by four consecutive days off. The maximum assignment may total 168 hours in a twenty-eight (28) day cycle. If utilized, the schedule is subject to the following:
9.1.2.1 The 4/12 schedule shall apply to police sergeants assigned to general patrol and shall not apply to special assignments without the approval of the Chief of Police.
9.1.3 In the event the City elects to change the scheduling of days off or starting times for the shifts, the City shall provide at least thirty (30) days’ notice and an opportunity for the P.S.A. to meet and confer on such proposed changes.
9.1.4 The parties agree that provisions in the Personnel Rules and other City rules and regulations may be modified, expressly or implicitly, as they apply to those represented employees working the 4/10 or 4/12 schedule.
9.1.5 Nothing herein shall prevent the City from making temporary changes to address bona fide non-staffing emergencies that may arise during the term of this Agreement.
9.2 Adjustment to Schedule
Unit members regularly assigned to midnight shift may request an adjustment to their schedule provided the employee is required to conduct authorized department business following the employee’s shift; there is no cost to the City; and permission is obtained in advance from the employee’s supervisor.
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19 9.3 Layoffs
Layoffs shall be made in reverse order of seniority. The employee with the least length of service shall be laid off first. For purposes of this Section, length of service shall include all time served in the Sergeant classification or any other classification equivalent to or higher than the rank of Sergeant.
9.4 Training
Officers who are normally assigned to an alternative work schedule shall revert to a five day, eight hour shift for any training that requires attendance at class for a consecutive five day period.
9.5 Donning and Doffing of Uniforms
It is acknowledged and understood by the City and the PSA that the donning and doffing of uniforms and related safety equipment may be performed at home or other locations outside of the Police Department.
ARTICLE 10: GRIEVANCE PROCEDURE
10.1 Definitions
10.1.1 A “grievance” is an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or policy and/or procedure manuals affecting the working conditions of the unit members covered by this Agreement
10.1.2 A “Disciplinary appeal” is an appeal from a disciplinary action of a Letter of Reprimand or higher, against a unit member covered by this Memorandum of Understanding.
10.1.3 A “grievant” is any unit member adversely affected by an alleged violation of the specific provision of this Memorandum, or the Union.
10.1.4 A “day” is any day in which the administrative offices of the City of Menlo Park are open for regularly scheduled business.
10.2 General Provisions
10.2.1 Until final disposition of a grievance, the grievant shall comply with the directions of the grievant's immediate supervisor.
10.2.2 All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
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20 10.2.4 Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or the PSA.
Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement.
10.2.5 Every effort will be made to schedule meetings for the processing of grievances at time which will not interfere with the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.
10.2.6 Any employee may at any time present grievances to the City and have such grievances adjusted without the intervention of PSA, as long as the adjustment is reached prior to arbitration and the adjustment is not inconsistent with the terms of the Memorandum: provided that the City shall not agree to the resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of PSA.
10.2.7 As an alternative to the formal grievance procedure, the City and the PSA may mutually agree to meet and attempt to informally resolve issues involving contract interpretations and other matters affecting the relationship between the City and the PSA. A grievance must be presented within the timelines set forth in Article
10.3. However, once the parties mutually agree to informally resolve problems, the formal grievance timelines are tolled pending the informal resolution process.
If, in an attempt to informally resolve issues, the parties discuss matters that are not otherwise subject to the grievance procedure, such matters shall not be eligible to be grieved under the grievance provisions of this MOU. Either party may terminate the informal process at any time and the parties will revert to the formal grievance procedure.
10.3 Grievance Procedure (for grievances as defined in 10.1.1)
10.3.1 Level I - Immediate Supervisor
10.3.1.1 Any employee who believes he/she has a grievance which is an alleged violation of the specific provisions of this Memorandum of Understanding shall present the grievance orally to the immediate supervisor within ten (10) days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The Page H-1.28
21 immediate supervisor shall hold discussions and attempt to resolve the matter within ten (10) days after the presentation of the grievance. It is the intent of this informal meeting that at least one personal conference be held between the aggrieved unit member and the immediate supervisor.
10.3.2 Level II - Chief of Police
10.3.2.1 If the grievance is not resolved at Level I and the grievant wishes to press the matter, the grievant shall present the grievance in writing on the appropriate form to the Chief of Police within ten (10) days after the oral decision of the immediate supervisor. The written information shall include: (a) A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance; (b) A listing of the provisions of this agreement which are alleged to have been violated; (c) A listing of the reasons why the immediate supervisor's proposed resolution of the problem is unacceptable; and (d) A listing of specific actions requested of the City which will remedy the grievance.
10.3.2.2 The Chief of Police or designee shall communicate the decision to the grievant in writing within ten (10) days after receiving the grievance. If the Chief of Police or designee does not respond within the time limits, the grievant may appeal to the next level.
10.3.2.3 Within the above time limits either party may request a personal conference.
10.3.3 Level III - Appeal to City Manager
10.3.3.1 If the grievant is not satisfied with the decision at Level II, the grievant may within ten (10) days of the receipt of the decision at Level II appeal the decision on the appropriate form to the City Manager. This statement shall include a clear, concise statement of the reasons for the appeal.
Evidence offered in support of a disciplinary grievance filed pursuant to Article 10.2.3 of this Agreement shall be submitted in the form of written declarations executed under penalty of perjury.
10.3.3.2 The City Manager or designee shall communicate the decision in writing to the grievant within ten (10) days. If the City Manager or designee does not respond within the time limits provided, the grievant may appeal to the next level.
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22 10.3.4 Level IV - Binding Arbitration
10.3.4.1 If the grievant is not satisfied with the decision at Level III, the grievant may within ten (10) days of the receipt of the decision submit a request in writing to the PSA for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the PSA shall inform the City of its intent as to whether or not the grievance will be arbitrated. The PSA and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of five names of persons experienced in hearing grievances in cities and who are members of the National Academy of Arbitrators (NAA). Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot.
10.3.4.2 If either the City or the PSA so requests, a separate arbitrator shall be selected to hear the merits of any issues raised regarding the arbitrability of a grievance. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. The process to be used in selecting an arbitrator shall be as set forth in 10.3.4.1.
10.3.4.3 The arbitrator shall conduct and complete the hearing on the grievance, within sixty (60) days of the date of PSA’s request for arbitration. The parties may mutually agree to extend that timeline. The parties shall file their post-hearing briefs within thirty (30) days of the close of the hearing and the arbitrator shall render a decision on the issue or issues submitted within thirty (30) days of the submission of the briefs. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
10.3.4.4 The City and PSA agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this Agreement. The Arbitrator shall be without power of authority to make any decision that requires the City or management to do an act prohibited by law.
10.3.4.5 The award of the arbitrator shall be final and binding.
Page H-1.30
23 10.3.4.6 The fees and expenses of the arbitrator (including the cost of any list of arbitrators requested pursuant to Section 10.3.4.1) shall be shared equally by the City and PSA.
All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. By mutual agreement, the cost of the services of such court reporter shall be shared equally by the parties. However, each party shall be responsible for the cost of transcripts that they order.
10.3.4.7 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.
10.4 Disciplinary Appeals
10.4.1 This procedure shall be the sole and exclusive procedure for processing appeals to disciplinary actions and shall satisfy all administrative appeal rights afforded by the Public Safety Officers Procedural Bill of Rights Act, Government Code Sections 3300, et seq.
10.4.2 A “disciplinary appeal” is a formal written appeal of a Notice of Disciplinary Action (post-Skelly) of any punitive disciplinary action including dismissal, demotion, suspension, reduction in salary, letters of reprimand, or transfer for purposes of punishment. However, letters of reprimand are not subject to the arbitration provisions of this procedure.
This procedure also shall not apply to the rejection or termination of at will employees, including those in probationary status. Any reduction in pay for change in assignment which occurs in the course of regular rotation and is not punitive shall not be subject to this procedure.
10.4.3 Persons on probationary status (entry-level or promotional) may not appeal under this agreement rejection on probation.
10.4.4 Letters of Reprimand may be appealed under this section only to the City Manager level (Section 10.4.6.)
Page H-1.31
24 10.4.5 Any appeal to any punitive disciplinary action (as defined in Section
10.1.2) shall be presented in writing to the City Manager within ten (10) days after receipt of the Notice of Disciplinary Action. Failure to do so will be deemed a waiver of any appeal. The City Manager or designee shall hold a meeting to hear the appeal within ten (10) days after the presentation of the appeal and shall issue a decision on the appeal within ten (10) days after the presentation of the appeal. For letters of reprimand, the City Manager’s decision shall be final. However the employee may write a response and have that response included in his or her personnel file.
10.4.6 For appeals from dismissal, demotion, suspension, reduction in salary, or transfers for purposes of punishment, if the employee is not satisfied with the decision of the City Manager, the employee may, within ten (10) days of the receipt of the decision, submit a request in writing to the PSA for arbitration of the dispute. Within twenty (20) days of the City Manager’s decision, the PSA shall inform the City of its intent as to whether or not the disciplinary matter will be arbitrated. The PSA must be the party taking the matter to arbitration.
10.4.7 The parties shall attempt to agree to the selection of an arbitrator and may agree to strike names from a list provided by an outside agency such as the State Mediation and Conciliation Service or JAMS. However, in the event that the City and the PSA cannot agree upon the selection of an arbitrator within twenty one (21) days from the date that the PSA has notified the City of its intent to proceed to Arbitration, either party may request the Superior Court of the County of San Mateo to appoint an arbitrator who shall be a retired judge of the Superior Court.
10.4.8 The City and PSA agree that the arbitrator shall prepare a written decision containing findings of fact, determinations of issues and a disposition either affirming, modifying or overruling the disciplinary action being appealed. The parties expressly agree that the arbitrator may only order as remedies those personnel actions which the City may lawfully impose.
10.4.9 The fees and expenses of the arbitrator (including the cost of any list of arbitrators) shall be shared equally by the City and PSA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
Either party may request a certified court reporter to record the entire arbitration hearing. By mutual agreement, the cost of the services of such court reporter shall be shared equally by the parties. However, each party shall be responsible for the cost of transcripts that they order.
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25 10.4.10 Nothing herein constitutes a waiver of City or employee rights otherwise granted by law.
ARTICLE 11: RECOGNITION
The Menlo Park Police Sergeant’s Association (PSA) is the exclusive recognized organization representing employees in the classification of Police Sergeant in their employer-employee relations with the City of Menlo Park, and PSA has been certified by the City of Menlo Park as the duly recognized employee organization of said employees. PSA requires proper and advance notification on all matters that fall into the meet and confer process.
ARTICLE 12: FULL UNDERSTANDING MODIFICATION AND WAIVER
12.1 This Memorandum of Understanding sets forth a full and entire understanding of the parties regarding the matters set forth herein, and any and all prior or existing Memoranda of Understanding, understandings and agreements regarding the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety.
12.2 No practice or benefit provided by this Memorandum of Understanding shall be modified without the mutual agreement of the City and PSA.
ARTICLE 13: SEPARABILITY
13.1 If a court of competent jurisdiction finally determines that any provisions of this Memorandum is invalid and unenforceable, such provisions shall be separable, and the remaining provisions of the Memorandum shall remain in full force and effect.
ARTICLE 14: LABOR MANAGEMENT COMMITTEE
Effective for the term of this agreement, The City and PSA agree to the establishment of a Labor Management Committee (LMC) to serve as an advisory committee and to facilitate employee education and involvement in issues regarding CalPERS retirement benefits, including but not limited to, potential future costs increases and the impacts of said cost increases to the financial stability of the City.
The City and the PSA shall each select their own representatives and in equal number, with no more than three (3) on each side. Each side is encouraged to propose issues for discussion, and the committee will jointly set priorities. Decision making within this forum will be by consensus.
The LMC will set up regular meetings to occur not less than once per quarter and a means for calling additional meetings to handle issues on an ad hoc basis.
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26 The LMC is not authorized to meet and confer or create contractual obligations nor are they to change the MOU to authorize any practice in conflict with existing contracts or rules.
ARTICLE 15: EFFECT OF AGREEMENT
This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto with respect to all subject matters addressed herein.
Dated _________________________
City of Menlo Park Menlo Park Police Sergeants Association ______________________________ ______________________________
Page H-1.34
27 Appendix A
Salary Schedule for Classified Police Sergeants (2080 hours) Effective: July 21, 2019 to July 4, 2020
Step Annual Monthly Bi-Weekly Hourly
A $123,191 $10,265 $4,738 $59.2264
B $129,350 $10,779 $4,974 $62.1875
C $135,818 $11,318 $5,223 $65.2971
D $142,609 $11,884 $5,484 $68.5620
E $149,739 $12,478 $5,759 $71.9899
Effective: July 5, 2020 to July 3, 2021
Step Annual Monthly Bi-Weekly Hourly
A $128,626 $10,719 $4,947 $61.8393
B $135,057 $11,255 $5,195 $64.9313
C $141,810 $11,817 $5,454 $68.1779
D $148,900 $12,408 $5,727 $71.5868
E $156,345 $13,029 $6,013 $75.1661
Effective: July 4, 2021
Step Annual Monthly Bi-Weekly Hourly
A $129,187 $10,766 $4,969 $62.1094
B $135,647 $11,304 $5,217 $65.2148
C $142,429 $11,869 $5,478 $68.4756
D $149,551 $12,463 $5,752 $71.8994
E $157,028 $13,086 $6,040 $75.4943
Page H-1.35
28 Appendix B
Administration of Retirement Health Credits for Retirees Nothing herein shall be deemed a change to the current practice of reimbursing retirees for retiree health premiums. This Appendix is intended to detail the existing practice.
The intent of the retiree health insurance credit program is to reimburse employees for the cost of retiree health premiums up to the amount to which they are entitled. It is not to provide an additional cash benefit to retirees over and above the cost of the premium. Should the current procedures that are administered through PEMHCA health and the Public Employees’ Retirement System change, the intent shall remain as stated above.
Current Practice
Upon retirement, eligible employees may choose to convert all or any portion of their general leave balance up to the maximum to retirement health insurance credits at the rate they are eligible to receive as specified in Section 4.1. Retirees may elect single coverage, double coverage or family coverage in accordance with Sections 4.1.2 and 4.1.3.
PERS will deduct the premium for the health insurance plan selected by the retiree through PEMHCA health from their monthly pension warrant, less the minimum employer contribution, which is billed separately to the City.
The City will reimburse the retiree for the amount they are eligible to receive. The amount they are eligible to receive does not include the minimum employer contribution because it is not deducted from the retiree’s pension warrant. In no event will the amount reimbursed exceed the cost of the premium to the retiree less the minimum employer contribution.
All reimbursements made to the retiree are subject to Federal and State taxes and shall be reported as income as required by law.
Page H-1.36
RATIFICATION OF TENTATIVE AGREEMENT
WITH POLICE SERGEANTS ASSOCIATIONCity Council Meeting May 24, 2022 H1-PRESENTATION
NEGOTIATION
SUMMARY
Public input and outreach process
– Early release on March 28, 2022– City Council presentation on April 12, 2022 PSA Bargaining Unit
– Contract originally through June 30, 2022– 9 members
PUBLIC INPUT AND OUTREACH
3 Commenced negotiations - April 12, 2022
Tentative agreement
– April 22, 2022
Bargaining units ratification
– April 27, 2022
Early release staff report – July 26, 2021NEGOTIATION SUMMARY 4 TENTATIVE AGREEMENT
KEY ECONOMIC PROVISIONS
6 Contract Term Tentative Agreement Fiscal
Impact
Term 3 Years (expiring June 30, 2025) ($60,000)Lump sum $2,000 lump sum after ratification 2022 $18,000On call pay for traffic unit Fiscal Year 2022-23Fiscal Year 2023-24Fiscal Year 2024-25 $42,005
Special assignment work schedule
Fiscal Year 2022-23Fiscal Year 2023-24Fiscal Year 2024-25 $71,308
KEY ECONOMIC PROVISIONS CONT.
7 Contract Term Tentative Agreement Fiscal
Impact
Flex benefits plan
2022 alignment to POA, SEIU, AFSCME
January 2023 CPI increase 2-4%January 2024 CPI increase 2-4% $32,684
Total Contract term, compounded $247,710
Within City Council authority to negotiating team
Assumptions
– Consistent with past financial forecasts– In-line with CalPERS actuarial wage growth– Fully funded through the 2024-25 budget and incorporated into the long term forecasts for future years
FISCAL IMPACT
8 Receive presentation by City staff
Receive public comment Consider ratification of successor agreement with POA expiring June 30, 2025
REQUESTED ACTIONS
9 PSA Bargaining Team
– Chris Adair
Mastagni Holstedt, APC
- Jerry Camous
Renne Sloan Holtzman Sakai LLP
– Charles Sakai– Adam Benson
Administrative Services
– Mary Morris-Mayorga– Marvin Davis– Kristen Strubbe– Barbara Tong 10 THANK YOU
DISCUSSION / QUESTIONS
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-097-CC
Regular Business: Adopt a resolution approving a Water Conservation Plan pursuant to Menlo Park Municipal Code
Chapter 7.35 imposing Stage 2 Drought Measures of
the City’s 2020 Water Shortage Contingency Plan
and the State Water Resources Control Board’s
proposed emergency regulations regarding turf
irrigation
Recommendation
Staff recommends that the City Council approve a Water Conservation Plan resolution (Attachment A), pursuant to Menlo Park Municipal Code Chapter 7.35, imposing drought stage 2 measures of the City’s 2020 Water Shortage Contingency Plan (WSCP) and the State Water Resources Control Board’s (State Water Board) proposed emergency regulations regarding turf irrigation that urban water suppliers must comply with by June 10 (assuming such regulations are adopted by the State Water Board at their May 24 meeting.)
Policy Issues
Menlo Park Municipal Water (MPMW) is a city-owned water service provider for a portion of the City of Menlo Park. The City Council acts as its governing body and is responsible for ensuring the financial stability of the water system by setting customer rates and approving capital plans and other operational expenditures. The City Council has the authority to declare a drought and specify one of six drought stages, as outlined in the adopted 2020 WSCP.
The adopted 2020 WSCP has prescribed actions for each of the six drought stages, which have varying levels of response for changes to or shortages in water supplies. It provides flexibility to incorporate additional water measures based on several factors: the State Water Board adopting future emergency water regulations, the San Francisco Public Utilities Commission (SFPUC) imposing drought-related actions as the water wholesaler, or other appropriate actions in order to meet MPMW’s water reduction goal.
Attachment B lists the six drought stages along with corresponding conservation measures and response.
Per Menlo Park Municipal Code, Chapter 7.35 (Water Conservation), the City may also enforce drought regulations adopted by the State Water Board, or drought-related actions imposed by SFPUC under an adopted Water Conservation Plan. This chapter allows the City to implement these requirements by adopting, by resolution, a Water Conservation Plan.
Background
MPMW supplies water to about half of the City’s residences and businesses through approximately 4,300 service connections. MPMW’s sole water supply is purchased from SFPUC for two distinct areas: the upper zone in the Sharon Heights area, and the lower zone located north and east of El Camino Real. MPMW is a AGENDA ITEM H-2 Page H-2.1
Staff Report #: 22-097-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org member of the Bay Area Water Supply and Conservation Agency (BAWSCA), a special district that represents the interest of 26 cities, water districts, and private utilities that are long term purchasers of SFPUC wholesale water.
On May 11, 2021, the City Council adopted Resolution No. 6625 approving MPMW water rate increases for the next five years. The new rates met several objectives that included updating drought surcharges to match the State Water Board’s six drought stages as outlined in the 2020 WSCP. The purpose of the drought surcharge is to recover lost revenue (due to less water sales), so the water fund can meet target reserves and cover operating, maintenance and capital expenditures. Drought surcharges are only in effect if the City Council declares a drought and specifies the drought stage.
On March 1, 2022, in response to the State Water Board’s January 2022 emergency regulations, the City Council adopted Resolution No. 6716 (Attachment C) to implement a drought stage 1 Water Conservation Plan (up to 10 percent water use reduction from fiscal year 2019-20 levels) and a drought surcharge effective in July. Attachment D lists the drought stage 1 water regulations and corresponding surcharge.
The resolution includes fines, enforcement measures, and matches the disconnection and reconnection fees shown in the current master fee schedule for water bill nonpayment.
On March 28, 2022, Governor Newson signed Executive Order N-7-22 directing the State Water Board to consider adopting additional water conservation emergency regulations to prepare for and mitigate the effects of worsening drought conditions. This includes banning “non-functional turf” irrigation for “commercial, industrial and institutional” water users and requiring all urban water suppliers that submitted a WSCP to implement, at a minimum, the demand reduction actions listed in their WSCP for drought stage 2 (up to 20 percent water use reduction from fiscal year 2019-20 levels.) The State Water Board defines “nonfunctional turf” as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events (does not include sports fields) and defines “commercial, industrial and institutional” as including homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. The State Water Board developed draft emergency regulation text (Attachment E) which they will consider adopting May 24, 2022, before the City Council’s consideration of adopting this resolution (Attachment A.) If adopted, urban water suppliers must be in compliance with the new regulations by June 10, 2022. As the City Council does not meet again until June 14, the resolution (Attachment A) is written presuming the State Water Board adopts the emergency regulations. Staff will provide an update as part of an oral presentation May 24 if any changes are made by the State Water Board.
Analysis
In order to comply with the proposed State Water Board emergency regulations, urban water suppliers must ban “non-functional turf” irrigation for commercial, industrial and institutional water users, and implement stage 2 demand reduction actions listed in their WSCP by June 10. The City, as a water customer of both MPMW and Cal Water, will stop irrigating non-functional turf as required in landscape medians and other non-recreational turf areas around the Civic Center and City parks. Attachment D shows the drought stage 2 regulations that MPMW must implement in addition to the current drought stage 1 regulations.
In drought stage 2, MPMW will be asking water customers to voluntarily reduce water use by up to 20 percent of their fiscal year 2019-20 levels. MPMW’s goal is to achieve a 20 percent reduction system-wide.
One of the regulations that must be implemented is a two (2) days per week irrigation schedule. Staff met with California Water Service Bear Gulch District (Cal Water), who provides water to approximately half of Menlo Park, to coordinate drought outreach. As of mid-April, Cal Water is in stage 2 of their WSCP and Page H-2.2
Staff Report #: 22-097-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org implementing a two (2) days per week watering schedule. As shown in Attachment D, staff recommends aligning MPMW’s irrigation schedule with Cal Water’s irrigation schedule for consistency as follows:
• Odd number street addresses shall irrigate only Tuesday and Saturday; and • Even street addresses and properties without a street address shall irrigation only Wednesday and Sunday.
• Irrigation shall be prohibited during the hours of 8 a.m. to 6 p.m.
Implementing drought stage 2 conservation measures will trigger a drought surcharge of $1.40 per centum cubic feet (CCF) with one CCF equivalent to 748 gallons. If drought surcharges are not implemented with the drought stage, the water fund may not meet target reserves and cover operating, maintenance and capital expenditures. Table 1 shows the fiscal year 2022-23 drought surcharges that were adopted with the 2021 five-year water rates. The surcharge would apply to all customers, based on total metered water use, and would be itemized separately on customer monthly bills.
Table 1: Drought surcharges
Drought stage Water use reduction Fiscal year 2022-23
1 Up to 10% $0.63 per CCF
2 Up to 20% $1.40 per CCF
3 Up to 30% $2.39 per CCF
4 Up to 40% $3.67 per CCF
5 Up to 50% $5.43 per CCF
6 Greater than 50%
(surcharge shown is for
60%)
$7.98 per CCF
The draft resolution will implement a drought stage 2 Water Conservation Plan starting June 10, 2022. It will rescind Resolution No. 6716, which implemented a drought stage 1 Water Conservation Plan. Regardless of whether the State Water Board adopts its proposed regulations, current system-wide conditions and the current state of shortage would justify imposition of Stage 2 measures. The drought stage 2 Water Conservation Plan will include the same fines and enforcement as the drought stage 1 Water Conservation Plan. Staff intends to focus on customer education as much as possible before imposing fines and enforcement.
Other rate adjustments
As identified in the five-year rate study adopted May 11, 2021, staff plans to implement the annual rate increase for fiscal year 2022-23. On May 10, 2022, SFPUC adopted the fiscal year 2022-23 wholesale water rate of $4.75 per CCF, representing a 15.9 percent increase, effective July 1, 2022. The adopted rate is higher than the projected fiscal year 2022-23 wholesale water rate of $4.19 per CCF provided previously by SFPUC and assumed for purposes of the 2021 five-year water rate study. Pursuant to California Government Code 53756, MPMW is able to pass-through any additional increases in SFPUC wholesale water rates when the actual SFPUC rates exceed estimates, given that all water customers receive at least 30 days’ notice. To cause less confusion for water customers, staff is recommending implementing the stage 2 drought surcharge ($1.40 per CCF) and the SFPUC wholesale rate pass-through ($0.56 per CCF) at the same time as the annual rate increase. These will be implemented with July water use and appear on customers’ August water bills.
Page H-2.3
Staff Report #: 22-097-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Impact on City Resources
Moving into drought stage 2 will require additional staff to support increased drought coordination. The fiscal year 2022-23 proposed budget that will be presented to the City Council in June will include adding one (1.0) full time equivalent (FTE) sustainability specialist position to the public works department. The position will provide support for outreach efforts for increased customer service calls, drought education, water conservation programming, and public engagement about the worsening conditions.
Environmental Review
City Council’s adoption of the proposed resolution is categorically exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and CEQA Guidelines section 15308 (Actions for Protection of the Environment), in that it is intended to ensure adequate water supplies for the preservation of public health, safety, fire prevention, during a declared period of drought. The action is also exempt from CEQA pursuant to CEQA Guidelines section 15269, as a specific action necessary to prevent or mitigate an emergency.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. Resolution to adopt a drought stage 2 Water Conservation Plan B. Table – Drought stages and actions, 2020 WSCP
C. Resolution No. 6716 that adopted a drought stage 1 Water Conservation Plan D. Current drought stage 1 versus proposed drought stage 2 regulations E. State Water Board’s draft emergency regulation text
Report prepared by:
Pam Lowe, Senior Civil Engineer
Reviewed by:
Tanisha Werner, Assistant Public Works Director - Engineering Page H-2.4
RESOLUTION NO. XXXX
RESOLUTION OF THE MENLO PARK CITY COUNCIL ADOPTING WATER
CONSERVATION PLAN PURSUANT TO MENLO PARK MUNICIPAL CODE CHAPTER 7.35 TO IMPLEMENT WATER SHORTAGE CONSERVATION PLAN STAGE 2 MEASURES
WHEREAS, on May 11, 2021, pursuant to its rate setting authority and in accordance with all applicable requirements under Proposition 218, the City Council adopted Resolution No. 6625 to approve MPMW’s five-year schedule of water rates, which included analysis and approval of drought surcharges in the proposed 2020 Water Shortage Contingency Plan; and WHEREAS, on May 25, 2021, the City Council adopted its 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan, as required by the California Water Code, and which includes six drought stages; and
WHEREAS, on April 21, May 10, and July 8, 2021, Governor Newson issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and WHEREAS, on October 19, 2021, Governor Newsom’s emergency drought proclamation expanded the drought emergency statewide and encouraged the State Water Board to supplement voluntary conservation measures by prohibiting certain wasteful water uses; and WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission (“SFPUC”) declared a water shortage emergency and adopted a voluntary system-wide water use reduction of 10 percent from fiscal year 2019-2020 use; and WHEREAS, in response to the declared drought emergency, the State Water Board adopted emergency regulations, set forth in 23 California Code of Regulations section 995, effective January 18, 2022 for a one-year period, that prohibits wasteful water use practices statewide and enables any agency that has authority to enforce infractions to enforce these prohibitions at their discretion; and
WHEREAS, the State Water Board’s regulations prohibit among other things the following, except to the extent use is necessary to address an immediate health and safety need:
A. The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; B. The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
C. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
ATTACHMENT A Page H-2.5
D. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
E. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; F. The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
G. The use of potable water for irrigation of ornamental turf on public street medians.
WHEREAS, on March 1, 2022, in response to these actions, pursuant to authority granted under Water Code section 350 and Menlo Park Municipal Code section 7.35.020, the City Council of the City of Menlo Park adopted Resolution No. 6716 declaring a drought state of emergency, implementing Stage 1 measures of the City’s adopted 2020 Water Shortage Contingency Plan, adopting and providing for local enforcement of the State Water Board’s emergency regulations set forth in 23 California Code of Regulations section 995, and imposing the drought stage 1 surcharge effective for water bills issued July 2022, and setting forth penalties; and
WHEREAS, on March 28, 2022, the Governor adopted Executive Order N-7-22, requiring among other things that the State Water Board consider imposing emergency regulations that would require each urban water supplier implement, at a minimum, the Stage 2 shortage provisions of their adopted water shortage contingency plans and prohibiting irrigating nonfunctional turf, and the State Water Board has drafted, published, and will consider adopting [has adopted] such requirements on May 24, 2022, which requires action by the City Council by no later than June 10, 2022 [if adopted]; and
WHEREAS, the City Council finds that the conditions of drought and water shortage leading to the declaration of water shortage emergency by the City Council on March 1, 2022 continue to persist, and that in the interest of protecting public health and safety and ensuring the adequacy of the public water supply that the City Council must require the implementation of Stage 2 conservation measures in the adopted Water Shortage Contingency Plan, as well as additional conservation measures specified herein; and
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Pursuant to Menlo Park Municipal Code section 7.35.020, and for the reasons set forth in this recitals, the staff report, and the testimony of staff, the City Council declares that a water shortage emergency now exists throughout the area served by Menlo Park Municipal Water.
3. Pursuant to Menlo Park Municipal Code chapter 7.35, the City Council hereby adopts this resolution as its water conservation plan, determines that it is necessary to declare and implement drought stage 2 of the 2020 Water Shortage Contingency Plan and to implement the following drought surcharges, effective with July 2022 water use, which will appear on water bills issued in August 2022:
Fiscal year 2022-23 $1.40 per CCF
Resolution No. XXXX
4. Pursuant to Menlo Park Municipal Code section 7.35.020 and the adopted Water Shortage Contingency Plan, the following additional conservation measures are hereby imposed and required of all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
b. Restaurants and other food service operations shall serve water to customers only upon request.
c. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
d. Recreational water features shall be covered when not in use. e. Newly constructed homes and buildings must irrigate with drip or microspray only. f. Irrigating ornamental landscapes or turf with portable water is limited to no more than two days per week on the following schedule, except for hand watering:
i. Odd street addresses shall irrigate only on Tuesday and Saturday. ii. Even street addresses and properties without a street address may irrigate only on Wednesday and Sunday.
iii. Irrigation shall be prohibited during the hours of 8:00 a.m. to 6:00 p.m. iv. Exceptions to these restrictions may be granted upon review and approval of a drought response plan by the Public Works Director provided that such plan results in an equivalent or greater reduction in water use.
g. Hand watering shall be conducted with a hose fitted with an automatic shut-off nozzle or via some other device that ceases dispensing water immediately when not in use.
5. The City Council adopts the State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995, as set forth in Exhibit A and incorporated herein by reference, as part of the City’s adopted water conservation plan, and violations shall be subject to enforcement and penalties as provided herein.
6. In accordance with Title 23 California Code of Regulations, section 996(e), the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites, except to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. For purposes of this prohibition, “non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and does not include sports fields.
7. Violations of the regulations set forth above or otherwise adopted in this resolution shall be subject to the following penalties:
Violation Enforcement Action
1st Warning and education
2nd $50 fine
3rd $200 fine, and review by the Public Works Director (or his or her designee) to determine if a flow restricting device should be installed, in the Director’s discretion as may be necessary to deter water waste.
4th $500 fine, and review by the Public Works Director (or his or her designee) to determine if water service should be discontinued, in the Director’s discretion as may be necessary to deter water waste.
Resolution No. XXXX
Violators shall also be subject to the following charges for installation or removal of flow restricting devices and disconnection or reconnection of service.
Meter Size Charges
5/8” to 2” $155.00 Installation of flow restricting device $155.00 Removal of flow restricting device
3” or larger Actual cost Installation of flow restricting device Actual cost Removal of flow restricting device
All sizes $108.00 Disconnecting water service
$108.00 Reconnecting water service
8. This resolution shall become effective June 10, 2022, and shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.
9. Resolution No. 6716 shall be rescinded as of June 10, 2022.
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the 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
Exhibits:
A. State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995
Resolution No. XXXX
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
EXHIBIT A Resolution No. XXXX
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
Resolution No. XXXX
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
Resolution No. XXXX
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
Resolution No. XXXX
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
Resolution No. XXXX
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
Resolution No. XXXX
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
Resolution No. XXXX
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
NoDrought N/A
Includes water waste prohibitions
effective at all times.
1. Hoses must be equipped with a shut-off
valve for washing vehicles, sidewalks,
walkways, or buildings.
2. Ornamental fountains shall use only recirculated or recycled water.
3. Potable water shall not be applied in any
manner to any driveway, sidewalk, or
other hard surface except when
necessary to address immediate health or
safety concerns.
4. Potable water shall not be used to water
outdoor landscapes in a manner that
causes more than incidental runoff onto
non-irrigated areas, walkways, roadways,
parking lots, or other hard surfaces.
5. Potable water cannot be applied to
outdoor landscapes during and up to 48
hours after measurable rainfall.
6. Potable water shall not be used to irrigate
ornamental turf on public street medians.
7. Hotels and motels shall provide guests an
option whether to launder towels and
linens daily. Hotels and motels shall
prominently display notice of this option
in each bathroom using clear and easily
understood language.
8. Restaurants and other food service
operations shall serve water to customers
only upon request during a period for
which the Governor has issued a
proclamation of a state of emergency.
9. Broken or defective plumbing and
irrigation systems must be repaired or
replaced within a reasonable period.
10. Recreational water features shall be
None
ATTACHMENT B Page H-2.16
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
covered when not in use.
11. Single-pass cooling systems on new
construction shall not be allowed.
12. Other measures as may be approved by
the State Water Resources Control Board
or City Council Resolution.
1 Up to
10%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use of up to
10% due to water supply
shortages or an emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with “no drought” restrictions
and prohibitions except where
superseded by more stringent
requirements.
2. Newly constructed homes and buildings
must irrigate with drip or microspray
only.
3. Other measures as may be approved by
City Council Resolution.
1. Initiate public outreach to inform
customers that there is a water shortage
emergency.
2. Implement Stage 1 drought surcharge.
2 Up to
20%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 10%
to 20% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 1 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than two (2) days per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
1. Continue with actions and measures from
Stage 1.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information regarding fines or
penalties for non-compliance.
3. Coordinate with BAWSCA, SFPUC, and
other Menlo Park water agencies
(California Water Service, O’Connor
Cooperative Water Tract, East Palo Alto,
Palo Alto Park Mutual Water Company).
4. Evaluate if participation in BAWSCA’s
subscription water conservation
programs can be increased.
5. Train City staff and billing contractor
customer service representatives how to
Page H-2.17
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
use.
3. Hand watering must be with a
continuously monitored hose fitted with
an automatic shut-off nozzle or device
attached to it that causes it to cease
dispensing water immediately when not
in use or monitored.
4. Other measures as may be approved by
City Council Resolution.
respond to customer calls, reports and
complaints.
6. Evaluate options to capture water during
routine flushing of water mains.
7. Implement Stage 2 drought surcharge.
3 Up to
30%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 20%
to 30% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 2 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Permits for construction of new pools
shall include a requirement that MPMW
water shall not be used to fill new pools.
3. Vehicles may only be washed at vehicle
washing facilities using recycled or
recirculating water.
4. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 2.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information how to report water
waste to the City.
3. Increase public outreach to the top 10%
water users in each customer category.
4. Coordinate with Police code enforcement
to investigate water waste reports.
5. Request cooperation from Menlo Park
Fire District to reduce fire training water
use.
6. Implement Stage 3 drought surcharge.
4 Up to
40%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 30%
to 40% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
1. Continue with Stage 3 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than one (1) day per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
1. Continue with actions and measures from
Stage 3.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 20%
water users in each customer category.
4. Evaluate staff resources. May include
hiring temporary staff or training
additional City staff to assist with
customer service and enforcement.
Page H-2.18
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
as agency actions (see WSCP Table
6-2).
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
use.
3. Potable water shall not be used for
construction or dust control.
4. Potable water shall not be used for
commercial vehicles that provide street
washing, sweeping, or cleaning.
5. Other measures as may be approved by
City Council Resolution.
5. Reevaluate routine flushing of water
mains except when necessary to address
immediate health or safety concerns.
6. Consider increasing fines for multiple
violations.
7. Implement Stage 4 drought surcharge.
5 Up to
50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 40%
to 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 4 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Water use shall not exceed water budgets
established for each customer.
3. Hand watering outdoor ornamental
landscapes is only allowed between
designated hours, as determined by the
Public Works Director.
4. Turf irrigation is prohibited at all times,
including artificial turf.
5. Existing irrigation systems shall not be
expanded.
6. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 4.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 30%
water users in each customer category.
4. Implement water waste patrols and
increase enforcement.
5. Halt installations of new potable water
meters (temporary or permanent) or
meter upgrades except if a valid,
unexpired building permit has been
issued for the project; or the project is
necessary to protect the public’s health,
safety, and welfare.
6. Halt issuing statements of immediate
ability to serve or provide potable water
service.
7. Consider increasing fines for multiple
violations.
8. Develop water budgets for all accounts.
9. Use emergency groundwater well(s).
10. Implement Stage 5 drought surcharge.
Page H-2.19
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
6 >50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use greater
than 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 5 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Hand watering outdoor ornamental
landscapes is prohibited at all times.
3. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 5.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 40%
water users in each customer category.
4. Halt installations of new potable water
meters (temporary or permanent) even if
a valid, unexpired building permit has
been issued for the project.
5. Consider increasing fines for multiple
violations.
6. Increase water budget reduction
requirements.
7. Implement other short-term emergency
actions from the Emergency Response
Plan.
8. Implement Stage 6 drought surcharge.
Page H-2.20
RESOLUTION NO. 6716
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
DECLARING EXISTENCE OF A WATER SHORTAGE EMERGENCY,
ADOPTING WATER SHORTAGE CONSERVATION PLAN STAGE 1
MEASURES PURSUANT TO WATER CODE SECTION 350 ET SEQ., AND
ADOPTING A WATER CONSERVATION PLAN TO ENFORCE STATE WATER
RESOURCES CONTROL BOARD EMERGENCY DROUGHT REGULATIONS
PURSUANT TO MENLO PARK MUNICIPAL CODE CHAPTER 7.35
WHEREAS, on May 2, 2017, in response to the then existing drought emergency, the City Council adopted Resolution No. 6383 to implement a Water Conservation Plan for Menlo Park Municipal Water (“MPMW”) consistent with the end of the drought emergency. The Plan references the 2015 Urban Water Management Plan, which includes the 2015 Water Shortage Contingency Plan, and the State Water Resources Control Board’s (“State Water Board”) 2017 emergency drought regulations, all of which have been superseded or no longer in effect, making it appropriate to rescind Resolution No. 6383; and WHEREAS, on May 11, 2021, pursuant to its rate setting authority and in accordance with all applicable requirements under Proposition 218, the City Council adopted Resolution No. 6625 to approve MPMW’s five-year schedule of water rates, which included analysis and approval of drought surcharges in the proposed 2020 Water Shortage Contingency Plan; and WHEREAS, on May 25, 2021, the City Council adopted its 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan, as required by the California Water Code, and which includes six drought stages; and
WHEREAS, the 2020 Water Shortage Contingency Plan provides that the City of Menlo Park shall follow the process set forth in Water Code section 350 to adopt and implement regulations and restrictions related to the conservation measures set forth in the Water Shortage Contingency Plan, including implementation of its drought stages; and WHEREAS, California Water Code sections 350 et seq. authorizes the governing body of any public water supply distributor to declare that water shortage emergency conditions prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection; and
WHEREAS, pursuant to Water Code sections 351 and 352, a public hearing on regarding declaration was duly noticed and held on March 1, 2022; and WHEREAS, pursuant to Water Code section 353, the City Council has authority to adopt such regulations and restrictions on the delivery of water and the consumption within the service area of MPMW that in the sound discretion of the City Council shall conserve the water supply for the greatest public benefit with regard to domestic use, sanitation, and fire protection; and ATTACHMENT C Page H-2.21
Resolution No. 6716
WHEREAS, pursuant to Water Code section 356, adopted regulations and restrictions may include the right to deny applications for new or additional service connections, and may also include provision for their enforcement by discontinuing service to consumers willfully violating the regulations and restrictions; and
WHEREAS, on April 21, May 10, and July 8, 2021, Governor Newson issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and WHEREAS, on October 19, 2021, Governor Newsom’s emergency drought proclamation expanded the drought emergency statewide and encouraged the State Water Board to supplement voluntary conservation measures by prohibiting certain wasteful water uses; and WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission (“SFPUC”) declared a water shortage emergency and adopted a voluntary system-wide water use reduction of 10 percent from fiscal year 2019-20 use; and WHEREAS, in response to the declared drought emergency, the State Water Board adopted emergency regulations, set forth in 23 California Code of Regulations section 995, effective January 18, 2022 for a one-year period, that prohibits wasteful water use practices statewide and enables any agency that has authority to enforce infractions to enforce these prohibitions at their discretion; and
WHEREAS, the State Water Board’s regulations prohibit among other things the following, except to the extent use is necessary to address an immediate health and safety need:
A. The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; B. The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
C. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
D. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
E. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; F. The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
G. The use of potable water for irrigation of ornamental turf on public street medians.
WHEREAS, Menlo Park Municipal Code section 7.35.020 provides that upon adoption of emergency regulations by the State Water Board, the City shall adopt a water conservation plan to implement those water conservation measures; and
Page H-2.22
Resolution No. 6716
WHEREAS, to comply with Water code section 365 through 367, drought stage 1 of the 2020 Water Shortage Contingency Plan must be implemented, including the related state 1 drought surcharge; and
WHEREAS, the MPMW’s 2020 Water Shortage Contingency Plan allows other measures to be approved by Resolution of the City Council for drought stage 1 in order to achieve up to 10 percent overall water use reduction.
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Pursuant to Water Code section 350, and for the reasons set forth in this recital, the staff report, and the testimony of staff, the City Council declares that a water shortage emergency now exists throughout the area served by Menlo Park Municipal Water.
3. Pursuant to Water Code section 353, the City Council determines that it is necessary to declare drought stage 1 of the 2020 WSCP and to implement the following drought surcharges, effective for water bills issued in July 2022:
Fiscal year 2022-23 $0.63 per CCF
4. Pursuant to Water Code section 353, the following additional measures are hereby approved and required of all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
b. Restaurants and other food service operations shall serve water to customers only upon request.
c. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
d. Recreational water features shall be covered when not in use. e. Newly constructed homes and buildings must irrigate with drip or microspray only.
5. Pursuant to Menlo Park Municipal Code chapter 7.35, the City Council hereby adopts this resolution as its water conservation plan the State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, section 995, incorporated herein by reference.
6. Violations of the regulations set forth or otherwise adopted in this resolution shall be subject to the following penalties:
Violation Enforcement Action
1st Warning and education
2nd $50 fine
3rd $200 fine, and review by the Public Works Director (or his or her designee) to determine if a flow restricting device should be installed, in the Director’s discretion as may be necessary to deter water waste.
4th and subsequent $500 fine, and review by the Public Works Director (or his or her designee) to determine if water service should be discontinued, in the Director’s discretion as may be necessary to deter water waste.
Page H-2.23
Resolution No. 6716
Violators shall also be subject to the following charges for installation or removal of flow restricting devices and disconnection or reconnection of service.
Meter Size Charges
5/8” to 2” $155.00 Installation of flow restricting device $155.00 Removal of flow restricting device
3” or larger Actual cost Installation of flow restricting device Actual cost Removal of flow restricting device
All sizes $108.00 Disconnecting water service
$108.00 Reconnecting water service
7. Resolution No. 6383 is hereby rescinded.
8. This resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the first day of March, 2022, by the following votes:
AYES: Combs, Mueller, Nash, Taylor, Wolosin
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this fifteenth day of March, 2022.
Judi A. Herren, City Clerk
Page H-2.24
Current Drought Stage 1 Regulations
Proposed drought stage 2 regulations (red text)
Prohibitions:
1. Applying water to outdoor landscapes that cause more than incidental runoff (e.g., excessive application, negligence, intentional overflow).
2. Washing vehicles without an automatic shut-off nozzle.
3. Washing impervious areas unless it addresses an immediate health and safety need.
4. Using potable water for street cleaning or construction site preparation purposes unless no other method is available (e.g., mixing concrete) or as needed to protect the health and safety of the public.
5. Using/filling/topping off decorative fountains, lakes, or ponds with potable water unless pumps recirculate water.
6. Irrigating turf and ornamental landscapes within 48 hours of measurable rainfall (1/4” of rainfall) - does not apply to trees.
7. Irrigating turf on public medians.
8. Using potable water to irrigate non-functional turf at commercial, industrial and institutional sites, except to the extent necessary to ensure the health of trees and other perennial nonturf plantings or to the extent necessary to address an immediate health and safety need.
For purposes of this prohibition, “non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and does not include sports fields, and “commercial, industrial, and institutional” includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
Additional measures:
9. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
10. Restaurants and other food service operations shall serve water to customers only upon request.
11. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
12. Recreational water features shall be covered when not in use.
13. Newly constructed homes and buildings must irrigate with drip or microspray only.
14. Irrigating outdoor ornamental landscapes or turf with potable water is limited to no more than two (2) days per week on the following schedule, except for hand watering. • Odd number street addresses shall irrigate only on Tuesday and Saturday • Even street addresses and properties without a street address shall irrigation only on Wednesday and Sunday
• Irrigation shall be prohibited during the hours of 8:00 a.m. to 6:00 p.m. • Exceptions to these restrictions may be granted upon review and approval of a drought response plan by the Public Works Director provided that such plan results in an equivalent or greater reduction in water use.
15. Hand watering shall be conducted with a hose fitted with an automatic shut-off nozzle or via some other device that ceases dispensing water immediately when not in use.
Drought surcharges for FY2022-23:
Stage 1 $0.63 per CCF (will not be implemented if City Council adopts drought stage 2) Stage 2 $1.40 per CCF
ATTACHMENT D Page H-2.25
1 PROPOSED EMERGENCY REGULATION TEXT
Version: May 13, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. (2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(6) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(7) “Turf” has the same meaning as in section 491.
(8) “Urban water supplier” has the same meaning as Water Code section 10617.
(9) “Water shortage contingency plan” means the plan required by Water Code section 10632.
ATTACHMENT E Page H-2.26
2 (b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten to twenty percent (Level 2). (2) Notwithstanding subdivision (1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten to twenty percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation to no more than two days per week and prohibiting landscape irrigation between the hours of 10:00 a,m. and 6:00 p.m.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations. (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. (2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
Page H-2.27
3 (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
Page H-2.28
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: 22-107-CC
Regular Business: Direction on drafting an ordinance preserving park land
Recommendation
Provide direction to the city attorney and staff on drafting an ordinance preserving park land.
Policy Issues
The preparation of an ordinance is at the discretion of City Council.
Background
On September 21, 2021, the City Council considered an agenda item to provide direction on drafting an ordinance and ballot measure for City Council consideration on preserving park land. The City Council discussed the item, but did not provide any direction.
On October 23, 2021, the City Council also considered the topic of park preservation and requested a future agenda item to consider the identification of parks in the municipal code as a way of clarifying the dedication of park land, which in turn would provide greater protections for preservation of existing open space.
Analysis
State law provides various procedures and regulations regarding the disposition and abandonment of public parks, which in part, depend upon the manner in which the park was conveyed, dedicated and/or acquired. Land which has been dedicated as a public park must be used in conformity with the terms of the dedication. The City’s 15 parks are
on land primarily owned by the City of Menlo Park. The City acquired some of these 15 parks through dedications in subdivision maps. However, the acquisition history of some of the parks is not known.
Attached A provides a summary of the 15 city parks.
If the City Council were interested in pursuing such an ordinance, then a majority of the City Council would need to provide direction. Staff and the city attorney would then analyze the proposed ordinance and recommend a draft ordinance. If the ordinance is straightforward, then staff and the city attorney would return with a draft ordinance in the coming months. If the initial analysis indicates any potential drawbacks or trade-offs for consideration, then staff and the city attorney would return to the City Council for further direction. An ordinance requires a two-step process:
1. introduction at City Council meeting, typically as a regular business item, and
2. adoption at a regularly scheduled City Council meeting, typically consent.
AGENDA ITEM H-3 Page H-3.1
Staff Report #: 22-107-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org The ordinance would then take effect 30 days after adoption.
Impact on City Resources
If City Council directs preparation of an ordinance, it will require time from the city attorney’s office and staff.
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. Parks list
Report prepared by:
Justin Murphy, Interim City Manager
Page H-3.2
Park Name Site Address/Location
Primary Assessor
Parcel Number Other Parcel/Ownership Notes Zoning District Alma Street Park Alma Street near E. Creek Drive not applicable Right of way Not applicable Bedwell Bayfront Park 1600 Marsh Road 055400490 Flood Plain Burgess Park 701 Laurel St. 062390600 Public Facilities Fremont Park Santa Cruz Avenue at University Drive 071272590 Open Space and Conservation Hamilton Park 531 Hamilton Ave. 055480480 Open Space and Conservation Joseph B. Kelly Park 110 Terminal Ave. 055280040 Public Facilities Karl E. Clark Park Hamilton Ave at Market Place 055325230 Multiple APNs and Alley Open Space and Conservation Marsh and Bay Park Marsh Road and Bay Road 061011010 Multiple APNs and SFPUC Open Space and Conservation Nealon Park 800 Middle Ave. 071312230 Open Space and Conservation Officer Jack W. Lyle Park 500 Arbor Road 071291320 Public FacilitiesSeminary Oaks Park Seminary Drive at Santa Monica Avenue 062460050 Single Family Suburban Residential Sharon Hills Park Valparaiso Avenue at Altschul Avenue not assigned Residential Estate Suburban Residential ‐ Combining Sharon Park Sharon Park Drive at Monte Rosa Drive 074262190 Open Space and Conservation Stanford Hills Park Branner Drive at Sand Hill Road 074324010 Multiple APNs and SFPUC Open Space and Conservation Willow Oaks Park 490 Willow Road 062320320 Multiple APNs Open Space and Conservation
ATTACHMENT A
Page H-3.3
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: 22-105-CC
Informational Item: City Council agenda topics: May 31, 2022 – June 2022
Recommendation
The purpose of this informational item is to provide the City Council and members of the public access to the anticipated agenda items that will be presented to the City Council. The mayor and city manager set the City Council agenda so there is no action required of the City Council as a result of this informational item.
Policy Issues
In accordance with the City Council procedures manual, the mayor and city manager set the agenda for City Council meetings.
Analysis
In an effort to provide greater access to the City Council’s future agenda items, staff has compiled a listing of anticipated agenda items, Attachment A, through June 28, 2022. The topics are arranged by department to help identify the work group most impacted by the agenda item.
Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m.
Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. City Council agenda topics: May 31, 2022 – June 2022 Report prepared by:
Judi A. Herren, City Clerk
AGENDA ITEM I-1 Page I-1.1
Through June 28 2022
Tentative City Council Agenda
# Title Department Item type City Council action
1 Budget adoption ASD Regular Adopt resolution2 Budget public hearing ASD Public Hearing Direction to staff3 Master Fee Schedule ASD Public Hearing Approve4 Approve funding for 335 Pierce Rd CDD Regular Approve5 Review of Draft Housing Element CDD Regular Direction to staff6 Adopt a resolution calling and consolidating election CMO Consent Adopt resolution7 Adopt Community Amenity Implementing Regulations and Updated Amenities List CMO Regular Adopt resolution8 Adopt Resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public CMO Consent Adopt resolution 9 Approve BlocPower Resolution CMO Consent Approve
10 Consider matching Peninsula Clean Energy’s electric vehicle charging incentive for existing multiunit properties in Menlo Park to support Climate Action Plan strategy goal no. 3 – increase access to electric vehicle charging CMO Regular Approve
11 Proclamation: Juneteenth CMO Proclamation No action12 Proclamation: Pride Month CMO Proclamation No action13 Special events ordinance-first read CMO Regular Decide14 Special events ordinance-second read/adopt CMO Consent Adopt ordinance15 Update November 8 City Council November meeting schedule CMO Consent Approve16 Renew Chefables contract (child care food services) LCS Consent Adopt resolution 17 Adopt Reso overruling protests, ordering the improvements, confirming the diagram, and ordering the levy and collection of assessments for Land Assessment District FY22-23 PW Public Hearing Adopt resolution 18 Automated water meter reading project agreement PW Consent Approve 19 Contract Amendment for Aptim through the end of the year PW Consent Approve ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
PW-Public Works
ATTACHMENT A
Page I-1.2
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: 22-095-CC
Informational Item: General Obligation Bonds – cost of issuance Recommendation
This is an informational item and does not require City Council action.
Policy Issues
City Council Resolution No. 6723 authorized issuance of the 2022 general obligation bonds. As required by Section 3.05 of the resolution, “Presentation of Actual Cost Information at City Council Meeting…,” and Government Code Section 53509.5, the cost of issuance is being provided.
Background
The approved costs of issuance custody agreement included the terms and conditions of payments.
Analysis
The bond sale closed May 11, 2022. Attachment A lists the total cost of issuance, $150,000, under “Uses:
Delivery Date Expenses.” Cost of issuance includes all expenses related to the authorization, issuance, sale and delivery of the Bonds: preparation of documents, printing, filing and recording fees, paying agent, bond counsel, financial advisor, rating agency fees, bond safekeeping, and any other cost in connection with issuance of the bonds.
Impact on City Resources
The costs as described earlier were paid from bond proceeds.
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.
AGENDA ITEM I-2 Page I-2.1
Staff Report #: 22-095-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. City of Menlo Park, 2022 General Obligation Bonds – Sources and Uses of Funds Report prepared by:
Mary Morris-Mayorga, Administrative Services Director – Extra Help Retired Annuitant Page I-2.2
Apr 27, 2022 11:33 am Page 1
SOURCES AND USES OF FUNDS
CITY OF MENLO PARK
2022 General Obligation Bonds
*Final Pricing Numbers*
Dated Date 05/11/2022
Delivery Date 05/11/2022
Sources:
Bond Proceeds:
Par Amount 14,315,000.00
Premium 1,619,031.95
15,934,031.95
Uses:
Project Fund Deposits:
Project Fund 14,315,000.00
Other Fund Deposits:
Tax Exempt Debt Service Fund 484,679.72
Taxable Debt Service Fund 914,004.00
1,398,683.72
Delivery Date Expenses:
Cost of Issuance 150,000.00
Underwriter's Discount 70,348.23
220,348.23
15,934,031.95
Page I-2.3 ATTACHMENT A
Library and Community Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-101-CC
Informational Item: Menlo Park Community Campus operational planning updates: Subcommittee report; updated
operational plan milestones; draft program survey
Recommendation
Staff recommends that the City Council review this informational report containing updates related to the Menlo Park Community Campus (MPCC) operational planning, including: a report from the MPCC Subcommittee; updated operational plan milestones and timelines; and a preliminary draft community survey related to programs in the new center. This is an informational item and does not require City Council action.
Policy Issues
City Council sets policy and goals and provides direction to staff regarding municipal projects and services to the Menlo Park community. City Council has established the MPCC project as one of the City’s top priorities.
Background
On December 16, 2019, Facebook (now Meta) submitted its proposal for exploring the funding and development of a new multigenerational center to incorporate the former Onetta Harris Community Center, Menlo Park Senior Center, Belle Haven Youth Center (child care), Belle Haven Pool and branch library.
On January 12, 2021, the City Council approved the architectural control, use permit, funding and improvements agreement for the MPCC project located at 100-110 Terminal Avenue. The City Council requested further review of several design elements of the proposed pool area. Those items were discussed January 26, 2021, and February 1, 2021. The City Council approved the pool design elements February 1, 2021.
Construction of the MPCC project began in June 2021. The project’s concrete foundation was completed in March 2022 and the steel framing was completed in April 2022. The new center construction is projected to be completed in mid-2023.
City Council created the MPCC subcommittee to work with City staff and the community on the MPCC project. The MPCC Subcommittee is currently comprised of Mayor Nash and City Councilmember Taylor.
The MPCC subcommittee convened a working group of Menlo Park residents to support and advise the subcommittee’s work.
On April 12, 2022, the City Council reviewed an informational report containing preliminary operational planning milestones and existing City Council policy statements that can help provide guidance for the prioritization and delivery of services in the new center (Attachment D.) AGENDA ITEM I-3 Page I-3.1
Staff Report #: 22-101-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
MPCC Subcommittee report
The MPCC Subcommittee has prepared a report of their recent activities, including a summary of recent community working group meetings, ideas and suggestions. Feedback from the working group includes a strong focus on the programming, operations, furniture and equipment layout, and budget of the MPCC.
The working group’s feedback also includes policy considerations for City Council in regard to local hiring and procurement, recognitions and awards, cost recovery and fees (Attachment A.) Updated MPCC operational plan milestones and timelines
Staff worked with the MPCC subcommittee to identify key steps and milestones necessary for a successful opening and start of operations in the new center. The resulting MPCC operation plan milestones were initially transmitted to City Council April 12, 2022. Staff incorporated feedback and suggestions from the MPCC subcommittee and working group to further refine the operational plan to include additional details and create a visualization of the anticipated timelines for completing each component of the plan (Attachment B.)
Draft program survey
On February 8, 2022, City Council directed staff to conduct an analysis of the city’s aquatics program needs including a community-wide survey. The MPCC Subcommittee expressed interest in leveraging the opportunity of a community-wide survey to also gain insight into community members’ needs and interests in regard to programming in the new center. Working with the MPCC Subcommittee, staff prepared a draft survey to gain insight in all these areas. Staff is tentatively planning to issue the survey during the month of June, in English and Spanish, to Menlo Park residents through multiple formats including electronic, paper and in-person. The Parks and Recreation Commission is tentatively scheduled to review the draft survey at its regular meeting May 25 (Attachment C.)
Other operational planning
Staff has begun internal coordination to develop a parking management plan to address various considerations related to the parking areas. Preliminary elements of the planning process tentatively include: review relevant past parking studies and data; conduct public outreach to gather community input; develop a draft plan for review by the Complete Streets Commission; then present a final draft plan to City Council review and approval targeted in autumn 2022. Parking considerations could include time limited parking to ensure parking is used by visitors, designating certain parking spaces during certain times of day, and potential restricting overnight parking. Other considerations could include: bicycle parking, pedestrian routes, and other factors that pertain to the management of the parking area.
Next steps
The City Council is receiving the MPCC subcommittee report, updated operational plan milestones, and draft community survey May 24. A follow-up City Council discussion about the MPCC project, including the community survey results, operational plan milestones update, and updates related to the MPCC project budget, is tentatively targeted for July 26.
The Library Commission and the Parks and Recreation Commission will convene a special joint meeting June 22 to review the MPCC Subcommittee report and working group’s recommendations, updated operational plan milestones, and preliminary community survey results.
Page I-3.2
Staff Report #: 22-101-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Impact on City Resources
There is no new impact on City resources because of this informational item. Staff estimates the value of Meta’s contribution toward the MPCC project completion at approximately $40 million. The City’s share of the project construction includes commitments at both a base level and project enhancements totaling approximately $15.75 million from various funding sources authorized by the City Council project approvals January 12, 2021, and February 1, 2021. The ongoing cost impacts of operating the new center will be established over the next year as part of the MPCC operational planning process. As part of the new center opening, it is anticipated that existing services that are currently housed in interim locations will be relocated to the new center; some services that were suspended or reduced during the MPCC construction and/or due to pandemic impacts could be restored to pre-construction/pre-pandemic levels; and some service level enhancements could be necessary or desired in order to operate the center in the manner and capacity envisioned by the City Council and the community. The intent is to engage the community over the next year through the MPCC operational planning process to identify what is desired in regard to the center’s programs and operations, which can then inform projected operating costs for the City Council to make budgeting decisions during fiscal year 2022-23.
Environmental Review
On January 12, 2021, the City Council found the MPCC project categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15302 Replacement of Existing Facilities.
The project has substantially the same purpose and capacity as the existing facilities, and this exemption allows for reasonable increases in square footage to accommodate replacement facilities. On January 21, 2021, staff filed a notice of exemption with the San Mateo County clerk.
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
MPCC Subcommittee report to City Council
MPCC operation plan milestones and timelines
Draft program survey
Hyperlink – City Council informational report, April 12, 2022. MPCC draft operation plan milestones: menlopark.org/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20220412-city-council-amended-agenda-packet.pdf#page=531 Report prepared by:
Sean Reinhart, Library and Community Services Director
Page I-3.3
MPCC Subcommittee Report – 5/24/2022
1 District 1 Councilmember Cecilia Taylor and Mayor Betsy Nash (who replaced Councilmember Catherine Carlton 12/15/2020) serve on the Menlo Park Community Campus (MPCC) council subcommittee. In March 2022 we established a working group to gather community feedback on the MPCC. There are currently 14 working members representing interests such as Bayfront neighborhoods, stakeholder constituencies, diverse user ages and abilities, and city commissions:
David Erhart, Israel Harris, Jacqui Cebrian, Jennifer Johnson, Mayrin Bunyagidj, Michele Tate, Pam Jones, Rachel Bickerstaff, Rose Bickerstaff, Sheryl Bims, Shontelle W., Susan Erhart, Tim R., Tracie V.
We continue to add community members representing additional perspectives with a target of 15 members. Four working group meetings have been held to date:
3/25 agenda
• Introductions
• Overview
o purpose of working group
o 2022-0321 MPCC Draft Operation Plan Milestones (below) • How to Structure the Working Group
• Open Discussion/Questions
4/8 agenda
• Discuss classes or activities (programming) for:
o Athletic facility
§ Fitness center
§ Gymnasium
§ Movement studio
o Library spaces
o Teen space
o Maker space
4/29 agenda
• Answers to questions from our last meeting
o What work has staff already done?
o Can we get copies of past Menlo Park Activity Guides (listing of recreation classes)
o Update on Senior Center schedule
ATTACHMENT A Page I-3.4
MPCC Subcommittee Report – 5/24/2022
2 • Information from MPCC Council Subcommittee meeting with staff o Project budget
o Donation/fundraising update
o Community walk thru tours, time capsule
o Public art
o Community survey
o Working group feedback, updates
5/11 agenda
• Library and Community Services Director Sean Reinhart and Interim Assistant Community Services Director Rondell Howard in attendance
o Present MPCC operation plan milestones/timeline
o Listen and answer questions
Here are some general principles that we heard from MPCC working group members:
• New, different, and fresh approach
• Desire to have a local hiring and procurement preference prioritizing the Bayfront, Citywide, and any displaced residents and businesses
• Review the MPCC programming and operations budget
• Start with a review of current and prior community center activities in Menlo Park as well as surrounding communities – what worked and what didn’t
o prior activity guides
o insights from staff in other cities and organizations o opportunity to include future users of the facility to participate in planning decisions including activities and comfort of proposed furnishings (is furniture in kids’ section comfortable for kids; likewise for seniors)
o outreach to include previous city staff, Juanita Croft for senior activities, AVID at MAHS, Beechwood students
• Outreach should include
o people lacking technology access or skills
o Spanish speakers
• Expand recognition and awards to people in community who created the vision and dialogue
• Consider holding time capsule and art installations to focus on programming and operations Page I-3.5
MPCC Subcommittee Report – 5/24/2022
3 Here are some specific programming ideas that we heard from MPCC working group members:
• Library
o story time
o tutoring time
o librarian help hours (learning library skills and systems, etc.) o host adult/child or adult/teen book clubs
• Athletic facility
o strength training for women
o strength/balance training for seniors
o gymnastics classes for kids with special needs
o Fitness Center – safe, state of the art equipment in large enough space § teen fitness offering inclusive of teens with disabilities o Movement Studio – intentionally designed
§ functional exercise with cardio
• Pools
o adaptive swimming for people with disabilities
o senior pool exercise class
o lots of free swim time in the more heated pool with ramp • Teen space- if there is a chance to soundproof a room, it would be nice for teens to get together and play instruments or listen to music together • Maker space - need large tables for workstations, 3D printer o Pottery class including kiln
o Sewing classes including sewing machines
o Woodshop
• Space for pop-up services (which could be like pilot programs for new offerings) • Friends of the Library Store
• Educational Opportunities
o Coding, Engineering, Science (ongoing classes)
o Health and Nutrition Classes for ALL
o Basic Life Skills - Budgeting, how to manage money, job seeking (resumes, interview skills, dress for success), social awareness o College programming
o Driving school
o Computer lab
Page I-3.6
MPCC Subcommittee Report – 5/24/2022
4 o Environmental education and impact - storyboards/classes based on MPCC sustainability
o Bike repair station/classes with Live In Peace
o Cooking classes
o Teaching garden
o Adaptive recreation classes including mixed media art, karate, fun fitness, cooking, dance
• Services/functioning
o Front Desk providing city services, assistance, city information, o Community Resources/Bulletin Board
o Medical Training for Staff including CPR
o Attendant for athletic facilities to keep space clean and provide regular cleaning and sanitation
o Roles and Rules for Spaces – Library, Makerspace, etc. § Supervision of Kids, Standards for safety, noise levels § Field Usage Policy
o Fee structure, scholarships
o Focus should be on Menlo Park residents and particularly local Bayfront community, not renting out to others for cost recovery Page I-3.7
ATTACHMENT B
Page I-3.8
Page I-3.9
Page I-3.10
** DRAFT ** NOT FOR DISTRIBUTION **
Description/ background (not included in survey):
City Council February 8, 2022 directed staff to conduct an analysis of the city’s aquatics program needs including a community-wide survey. The MPCC Subcommittee expressed interest in leveraging the opportunity of a community-wide survey to also gain insight into community members’ needs and interests in regard to programming in the new center.
Working with the MPCC Subcommittee, staff prepared a draft survey to gain insight in all these areas. Staff is tentatively planning to issue the survey during the month of June, in English and Spanish, to Menlo Park residents through multiple formats including electronic, paper, and in-person. The Parks and Recreation Commission is tentatively scheduled to review the draft survey at its regular meeting on May 25. The City Council is tentatively scheduled to review the results of the survey at its regular meeting on July 26. ---
[IN ENGLISH AND SPANISH]
[ONLINE, ON PAPER, and IN-PERSON]
MENLO PARK RESIDENT SURVEY – RECREATION AND COMMUNITY PROGRAMS The City of Menlo Park is interested in hearing residents’ needs and views about recreation programs and other community services provided by the city. Please tell us your views by taking this survey.
What neighborhood of Menlo Park do you live in now? (See map) (Choose one) [Radio buttons]
Belle Haven
Suburban Park / Lorelei Manor / Flood Triangle
South of Seminary / Vintage Oaks
The Willows
Felton Gables / Park Forest
Linfield Oaks
Downtown Menlo Park
Allied Arts / Stanford Park
Central Menlo Park
Sharon Heights
Unincorporated Menlo Park
Other (please describe) [text field]
I don’t live in Menlo Park
How long have you lived in Menlo Park?
[Radio buttons]
Less than a year 1-5 years 6-10 years 10-19 years 20+ years I don’t live in Menlo Park What age groups live in your household? (check all that apply) [Checkboxes]
Infants/ toddlers Children Teenagers / tweens Adults Adults 65+ I don't know / I prefer not to answer ATTACHMENT C Page I-3.11
** DRAFT ** NOT FOR DISTRIBUTION **
How often do you typically use or visit these locations operated by the City of Menlo Park? [Matrix]
Never Rarely, once
a year or less
A few times a
year
Once or twice
a month
Once or twice
a week
More than
once a week
Afterschool programs
Athletic fields (soccer, baseball, etc.)
Community and cultural events
Dog park
Gymnasium (basketball, volleyball, etc)
Meeting rooms / facility rentals
Parks / green spaces
Picnic areas
Public libraries
Recreation center
Senior center programs
Skate park
Swimming pools
Tennis / pickleball courts
Walking / hiking trails
Page I-3.12
** DRAFT ** NOT FOR DISTRIBUTION **
How important are the following COMMUNITY PROGRAMS and CLASSES? [Matrix]
not at all
important
somewhat
important very important
Arts and crafts: sewing, painting, ceramics, etc. 1 2 3 Bike repair 1 2 3
Cooking and nutrition 1 2 3
Dance / movement 1 2 3
Environmental education 1 2 3
Fitness center – weights, resistance training, cardio, etc. 1 2 3 Gymnastics 1 2 3
Health and wellness / yoga / meditation 1 2 3
Martial arts 1 2 3
Money management, personal budgeting 1 2 3
Music / performing arts 1 2 3
Strength / balance training for seniors 1 2 3
Technology for beginners - learn how to use computers, mobile apps, basic software 1 2 3 Technology – coding, app development, computer aided design, 3-D printing, etc. 1 2 3 Teens - programs to socialize, read and study after school and on weekends 1 2 3 Travel / learn a new language 1 2 3
For COMMUNITY PROGRAMS and CLASSES, how important are the following things? [Matrix]
not at all
important
somewhat
important
very
important
Programs/ classes are focused on the needs of Menlo Park residents 1 2 3 Programs/ classes are free or have discounted fees for Menlo Park residents 1 2 3 Programs/ classes attract participants from outside Menlo Park who are charged higher fees 1 2 3 Please tell us your ideas, needs, and suggestions for the city’s COMMUNITY PROGRAMS and CLASSES. [free text field]
Page I-3.13
** DRAFT ** NOT FOR DISTRIBUTION **
How important are the following AQUATICS programs?
[Matrix]
not at all
important
somewhat
important
very
important
Swimming lessons for children 1 2 3
Swimming lessons for adults 1 2 3
Adult lap swimming 1 2 3
Family fun (wading pool, splash pad) 1 2 3
Competitive swimming & sports 1 2 3
Open swim / community swim time 1 2 3
Aqua therapy / physical therapy 1 2 3
Aquacise / exercise classes 1 2 3
For AQUATICS programs, how important are the following things? [Matrix]
not at all
important
somewhat
important
very
important
Children / families have priority to use swimming pools for play and social time 1 2 3 Competitive swimming / sports have priority to use the pools for training and competitions 1 2 3 Lap swimmers have priority to use the pools 1 2 3
Therapy swimming / older adult swimming has priority to use the pools 1 2 3 Adaptive swimming for people with disabilities have priority to use the pools 1 2 3 Beginners/ children’s swimming lessons have priority to use the pools 1 2 3 Swimming pools are open year-round 1 2 3
Swimming pools are open seven days per week 1 2 3
Swimming pools are focused on the needs of Menlo Park residents 1 2 3 Swimming pools have free or discounted fees for Menlo Park residents 1 2 3 Swimming pools attract participants from outside Menlo Park who are charged higher fees 1 2 3 Please tell us your ideas, needs, and suggestions for the city’s AQUATICS programs. [free text field]
Page I-3.14
** DRAFT ** NOT FOR DISTRIBUTION **
How important are the following ATHLETIC PROGRAMS?
[Matrix]
not at all
important
somewhat
important
very
important
Neighborhood / family access to athletic fields for casual use and play 1 2 3 Children access to athletic fields for casual / drop-in play 1 2 3 Basketball – casual / drop-in play 1 2 3
Basketball – organized youth league 1 2 3
Basketball – organized adult league 1 2 3
Volleyball – organized youth league 1 2 3
Volleyball – organized adult league 1 2 3
Soccer – organized youth league 1 2 3
Soccer – organized adult league 1 2 3
Tennis – casual / drop-in play 1 2 3
Tennis – private/individual lessons 1 2 3
Pickleball – casual / drop-in play 1 2 3
Pickleball – organized league / tournament 1 2 3
Gymnastics – youth competitive 1 2 3
Gymnastics – youth casual / fun 1 2 3
Baseball – organized youth league 1 2 3
Softball – organized youth league 1 2 3
Softball – organized adult league 1 2 3
Lacrosse – organized youth league 1 2 3
Football/ rugby – organized youth/adult league 1 2 3
For ATHLETIC PROGRAMS, how important are the following things? [Matrix]
not at all
important
somewhat
important
very
important
Programs are focused on the needs of Menlo Park residents 1 2 3 Programs are free or have discounted fees for Menlo Park residents 1 2 3 Programs attract participants from outside Menlo Park who are charged higher fees 1 2 3 Please tell us your ideas, needs, and suggestions for the city’s ATHLETIC PROGRAMS. [free text field]
Page I-3.15
** DRAFT ** NOT FOR DISTRIBUTION **
For LIBRARY and INFORMATION RESOURCES, how important are the following things? [Matrix]
not at all
important
somewhat
important
very
important
Adult literacy tutoring to help adults learn how to read / improve reading skills 1 2 3 Books in electronic / digital formats (e-books, e-audiobooks) 1 2 3 Books in paper format 1 2 3
Books that are classics that I read in school / as a child 1 2 3 Books that are the newest and most popular bestsellers 1 2 3 Books that are written in languages other than English 1 2 3 Books that offer a wide range of different viewpoints including views I don’t agree with 1 2 3 Books that reflect the cultures, needs and interests of local / neighborhood residents 1 2 3 Computers / laptops / tablets that people can checkout and take home 1 2 3 English as Second Language (ESL) resources 1 2 3
Food distribution, food insecurity advice and support 1 2 3 Health care navigation and support 1 2 3
Homelessness / housing referrals and support 1 2 3
Homework help for children and teens after school 1 2 3 Job skills / job readiness / job seeker resources and training 1 2 3 Legal advice and support 1 2 3
Money management / financial advice and support 1 2 3
Quiet places to read and study 1 2 3
Storytimes for young children 1 2 3
Teens have space to socialize, read and study after school and weekends 1 2 3 Wireless internet “Hot spots” for checkout / take home 1 2 3 Wireless internet access (wifi) in the library 1 2 3
Please tell us your ideas, needs, and suggestions for the city’s LIBRARY and INFORMATION RESOURCES. [free text field]
Page I-3.16
** DRAFT ** NOT FOR DISTRIBUTION **
Please tell us any other ideas, needs, complaints or suggestions you’d like to share with us. [free text field]
What is your age? (Check one)
[Radio buttons]
6-12 13-17 18-24 25-34 35-44 45-64 65-74 75+ I prefer not to answer (Optional) Would you like us to send you the results of this survey? [Radio buttons w/ text fields]
YES – send it to me by email [text field]
YES – send it to me by text message [number field]
NO
Thank you for your input!
Page I-3.17
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: 22-104-CC
Informational Item: Bayfront area pedestrian circulation plan update Recommendation
Staff recommends that the City Council review this informational report containing updates on the Bayfront area pedestrian circulation plan (Attachment A.) This is an informational item and does not require City Council action
Policy Issues
The Bayfront area pedestrian circulation plan is consistent with policies stated in the 2016 General Plan circulation element (e.g., CIRC-1.7, CIRC-1.8, CIRC-2.1, CIRC-2.11, etc.) These policies seek to maintain a safe, efficient, attractive, user-friendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park.
Background
This portion of the Bayfront area is generally bounded by Marsh Road to the north, Bayfront Expressway to the east, Chilco Street to the south, and US 101/Dumbarton rail tracks to the west. The area is generally divided into several historically industrial quadrants by four main roadways (i.e., Constitution Drive, Jefferson Drive, Independence Drive and Chrysler Drive.) Bike lanes are provided on most streets, except for a small section of Chrysler Drive, west of Independence Drive.
On September 8, 2021, the Complete Streets Commission (Commission) considered a developer’s request to remove an existing left turn restriction on its driveway located on Constitution Drive (~ 425 feet from Marsh Road.) The left turn restriction removal would provide a more direct access route for their private commuter shuttles. The Commission voted to recommend approval by City Council and requested that staff conduct a comprehensive review of pedestrian circulation in the Bayfront area, in anticipation of ongoing and future developments.
On October 26, 2021, the City Council approved the left turn restriction removal and supported the Commission’s suggestion. The City Council requested that staff return within six months to provide a plan for pedestrian circulation improvements in the Bayfront area.
Analysis
Upcoming Bayfront area developments
Since the City’s 2016 General Plan – Land Use Element update, which rezoned the Bayfront area to allow for residential developments, the City has received several development proposals in the area including residential developments. Table 1 summarizes these developments.
AGENDA ITEM I-4 Page I-4.1
Staff Report #: 22-104-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: Approved and proposed Bayfront area developments Project name/address Development size Review status
(Menlo Portal)
104 & 110 Constitution Drive,
115 Independence Drive
335 multi-family units
34,500 s.f. office
1,600 s.f. child care
Under construction
(Menlo Uptown)
180-186 Constitution Drive,
141 Jefferson Drive
483 multi-family units
2,940 s.f. urgent care center Under construction
111 Independence Drive 105 multi-family units
713 s.f. community serving retail Approved
(Menlo Flats)
165 Jefferson Drive 158 multi-family units Approved
123 Independence Drive 432 multi-family units Pending
162 – 164 Jefferson Drive 249,500 s.f. office Pending
Note: s.f. = square foot
Consistent with the General Plan Land Use Element, these developments will also provide publicly accessible outdoor spaces/paseos, in order to create a safe, convenient and welcoming multi-modal environment for new residents and employees.
Attachment A illustrates the existing pedestrian and bicycle networks and future public spaces/paseos in the Bayfront area. In addition to the paseos shown on this map, staff have been exploring potential undercrossing or overcrossing of the Dumbarton railroad corridor and connecting paths or paseos to reach that crossing from the Bayfront area.
Roadway layout
The north-south roadways in the Bayfront area (e.g., Constitution Drive, Independence Drive and Jefferson Drive) have long blocks (1,500 to 2,000 feet long) with no mid-block pedestrian crossings. The addition of paseos as part of current and upcoming development will create a more urban pedestrian circulation pattern. The combination of increased density, long blocks, and new pedestrian circulation patterns will likely induce mid-block crossings when future residents and employees visit local businesses or take part in their leisure activities. Table 2 shows the length of these roadway segments.
Table 2: Bayfront area roadway segments
Street Segment Distance
Independence Drive Constitution Drive to Chrysler Drive 1,650 ft.
Constitution Drive Marsh Road to Chrysler Drive
Chrysler Drive to Chilco Street
1,400 ft.
2,100 ft.
Jefferson Drive Chrysler Drive to Constitution Drive 2,100 ft.
Transit services
The Bayfront area is currently directly served on weekdays by the City’s M3 Marsh Road Shuttle with seven stops (Attachment B) and has SamTrans Route 270 services nearby, with the nearest stop located on Haven Avenue approximately 0.15 miles from the intersection of Marsh Road and Bayfront Expressway (Attachment C.) Long term, a new undercrossing or overcrossing of the Dumbarton railroad corridor could provide access from the Bayfront area to the Menlo Park Community Campus (MPCC) currently under Page I-4.2
Staff Report #: 22-104-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org construction and Samtrans Route 281 (which connects the MPCC, Belle Haven, and East Palo Alto to downtown Palo Alto and Stanford Mall.)
The area is also served by private shuttles for employees of the entity running the shuttle, except the Menlo Gateway shuttle (funded by Bohannon Companies) which is both privately and publicly accessible (Attachment D.)
SamTrans, through their Reimagine SamTrans effort, has adopted a new limited-stop route connecting East Palo Alto to San Francisco international airport (i.e., Route EPX.) The new route will pass through the Bayfront area via Bayfront Expressway and Chilco Street. Implementation is anticipated to begin in summer 2022.
In anticipation of the new residential developments, staff has begun engaging SamTrans on potential future route changes and will continue to advocate for more frequent bus services within the Bayfront area.
As illustrated in Attachment A, the Bayfront area has bike lanes on most streets. Under existing conditions, shuttles generally use these bike facilities to pick up and drop off passengers.
Pedestrian circulation plan progress
Proposed crosswalk improvements
After evaluating the existing transportation infrastructure and proposed development public spaces/ paseos, staff has identified six new mid-block crosswalks and two new intersection crosswalks for the Bayfront area (Attachment A.) Two mid-block crosswalks are already in the planning/design phase as part of current development projects:
• Constitution Drive fronting the Menlo Portal development • Jefferson Drive near the proposed META wellness center at 193 Jefferson Drive Mid-block crosswalk enhancement
Because long roadway segments are more likely to induce speeding, staff is recommending to enhance the proposed mid-block crosswalks. Available enhancements include: high visibility crosswalk striping, rectangular rapid flashing beacons (RRFB), raised crosswalks (traditional or simplified design.) Attachment E illustrates the enhancement options and Table 3 summarizes their advantages and disadvantages:
Table 3: Mid-block crosswalk enhancements
Type Advantages Disadvantages
RRFB
• Higher vehicle yield rate to pedestrian than
basic crosswalk
• No impact to emergency vehicles
• No secondary traffic calming effect
• Higher construction cost
Raised
crosswalk
(Traditional)
• Crossing height matches sidewalk for an
even level crossing
• Less impactful to bicyclists
• Increased maintenance required for
stormwater drainage system
• Potential impact to emergency vehicles
Raised
crosswalk
(Simplified)
• No impact to existing stormwater drainage
system
• Crossing will slope down near the crosswalk
curb ramps for unleveled crossing
• More impactful to bicyclists
• Potential impact to emergency vehicles
Staff is current working to evaluate each design option.
Page I-4.3
Staff Report #: 22-104-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Future transit stops
As mentioned above, the Bayfront area is currently served by the City’s M3 shuttle with seven stops, including one fronting TIDE Academy. As staff continues to engage SamTrans for potential future bus services in response to future new developments, some existing stops would likely be shared between City and SamTrans services. A majority of the stops are directly fronting or near these new developments.
Complete Streets Commission feedback
On February 9, the Commission reviewed and provided the following feedback on the Bayfront area pedestrian circulation plan:
• Supported proposed mid-block crosswalk locations
• Preferred mid-block crosswalks be raised crosswalks to provide more visible crossing environments while also serving as traffic calming devices. If infeasible, enhance crosswalks with RRFBs. • Deferred raised crosswalk design options (Attachment E) to City staff by considering existing constrains, adjacent driveways, and existing/future public paseos. • Supported proposed transit stop locations
• Preferred pull out design option (Attachment F) to account for interaction with other transportation modes, including private shuttles and ride share/transportation network companies (TNCs.) • Requested ongoing observation by staff of several locations/issues, including:
• TIDE Academy entrance
• Independence Drive at the curve
• Jefferson Drive at the curve
• U-turns on Constitution Drive near Independence Drive • Provided additional feedback including providing crosswalks at all legs of each intersection, planning for future school buses serving Bayfront area residents, avoiding sign clutter where possible, planning for future traffic control at Chrysler Drive and Jefferson Drive, and evaluating street light levels.
Next steps
Staff has provided direction to design for raised mid-block crosswalks for the two ongoing crosswalk projects mentioned above and will continue to seek opportunities to complete the pedestrian circulation plan.
Impact on City Resources
Project planning efforts are part of the City’s baseline service levels. Design and construction of final improvements will be funded through future development projects and/or the City’s Transportation Impact Fee.
Environmental Review
Project recommendations are categorically exempt under the California Environmental Quality Act Article 19, § 15301 Existing Facilities - Class 1. Class 1 allows for minor alterations of existing facilities, including highways and streets, sidewalks, gutters, bicycle and pedestrian access, and similar facilities, as long as there is negligible or no expansion of use.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Individual outreach to key stakeholders were conducted.
Page I-4.4
Staff Report #: 22-104-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Existing and proposed Bayfront area pedestrian circulation plan B. M3 Marsh Road shuttle service information
C. Adopted SamTrans bus routes service information
D. Menlo Gateway shuttle service information
E. Mid-block crosswalk enhancement options
F. Shuttle/bus stop layout options
Report prepared by:
Kevin Chen, Senior Transportation Engineer
Report reviewed by:
Hugh Louch, Assistant Public Works Director - Transportation Page I-4.5
ÅÄ84
ÅÄ84
¤£101
TIDE
Academy
111 Independence Dr.
115 Independence Dr./
104 &110 Constitution
Dr. (Menlo Portal)
110-155 Constitution
Dr. (Menlo Gateway
- Phase II)
123 Independence
Dr. (Sobrato)
100-200 Independence
Dr. (Menlo Gateway)
141 Jefferson Dr./
180-186 Constitution
Dr. (Menlo Uptown)
165 Jefferson
Dr. (Menlo Flats)
3723 Haven Ave.
(Hotel Moxy)
162-164
Jefferson Dr.
(Sobrato)
Chilco St. &
Bayfront Expwy
(CitizenM Hotel)
301-309 Constitution
Dr. (Facebook
Campus Expansion)
CONSTITUTION DR.
CHRYSLER DR.
COMMONWEALTH DR.
INDEPENDENCE DR.
JEFFERSON DR.
CHILCO ST.
CONSTITUTION DR.
Bayfront Area Bicycle and Pedestrian Facilities ¯
Existing
Sidewalk
Crosswalks
Class I Shared Use Path
Class II Bike Lane
Class III Bike Route
Class IV Separated Bikeway
Proposed
Proposed CIP Sidewalk
Proposed Standard Crosswalk
Proposed Enhanced/Raised Crosswalk
Proposed Class I Shared Use Path
Proposed Class II Bike Lane
Under Review Development Projects
Approved Development Projects
Under Construction Development Project
Recently Completed Development Project 0 250 500 125
Feet
Public Space/Paseo
Driveway
Existing Shuttle Stops
HAVEN AVE
CHILCO ST.
ATTACHMENT A Page I-4.6
£¤101
¤101
Post
Office Bohannon & Campbell
4100
Bohannon
180 Jefferson
Constitution & Chrysler
149 Commonwealth
TIDE Academy
Constitution & Chilco
Menlo Park
Caltrain Station
MIDDLEFIELD RD
HANNON DR
OAK GROVE AVE
MARSH RD
BAYFRONT EXPY
BO
110 Constitution
3760 Haven
Chrysler & Independence
3639 Haven
3641 Haven
Scott & Marsh
Caltrain Arrivals in Menlo Park
From San Francisco From San Jose Shuttle Connection
#104: 6:36 #105: 6:34 Run 1
Dep. 6:41
#106: 7:36 #107: 7:34 Run 2
Dep. 7:41
#108: 8:36 #109: 8:34 Run 3
Dep. 8:41
#110: 9:38 #111: 9:33 Run 4
Dep. 9:43
Caltrain Departures from Menlo Park
Shuttle Connection To San Jose To San Francisco
Run 1
Arr. 4:27 #124: 4:36 #125: 4:34
Run 2
Arr. 5:27 #126: 5:36 #127: 5:34
Run 3
Arr. 6:27 #128: 6:36 #129: 6:34
RUN 1 RUN 2 RUN 3 RUN 4
Menlo Park Caltrain (Depart) 6:41 7:41 8:41 9:43
Post Office 6:49 7:49 8:51 9:51
Bohannon & Campbell 6:50 7:50 8:52 9:52
4100 Bohannon 6:51 7:51 8:53 9:53
Scott & Marsh 6:52 7:52 8:54 9:54
110 Constitution 6:55 7:55 8:59 9:58
Constitution & Chrysler 6:56 7:56 9:00 9:59
Chrysler & Independence 6:57 7:57 9:01 10:00
149 Commonwealth 6:58 7:58 9:02 10:01
TIDE Academy 7:00 8:00 9:04 10:03
180 Jefferson 7:00 8:00 9:04 10:03
Constitution & Chilco 7:02 8:02 9:06 10:05
3641 Haven (Elan Menlo) 7:09 8:09 9:13 10:11
3639 Haven (Anton Menlo) 7:09 8:09 9:13 10:11
3760 Haven (Quicken) 7:11 8:11 9:15 10:13
Menlo Park Caltrain (Arrive) 7:25 8:25 9:27 --
RUN 1 RUN 2 RUN 3
Menlo Park Caltrain (Depart) -- 4:27 5:27
110 Constitution 3:54 4:50 5:50
Constitution & Chrysler 3:55 4:51 5:51
Chrysler & Independence 3:56 4:52 5:52
149 Commonwealth 3:57 4:53 5:53
TIDE Academy 3:59 4:55 5:55
180 Jefferson 3:59 4:55 5:55
Constitution & Chilco 4:01 4:58 5:58
3641 Haven (Elan Menlo) 4:05 5:04 6:04
3639 Haven (Anton Menlo) 4:05 5:04 6:04
3760 Haven (Quicken) 4:07 5:06 6:06
Scott & Marsh 4:12 5:13 6:13
4100 Bohannon 4:14 5:15 6:15
Bohannon & Campbell 4:15 5:16 6:16
Post Office 4:16 5:17 6:17
Menlo Park Caltrain (Arrive) 4:27 5:27 6:27
Morning Schedule Afternoon Schedule
MARSH ROAD SHUTTLE
Menlo Park Caltrain to Marsh Road Business Parks
Effective August 30, 2021
The M3-Marsh Road Shuttle is FREE and open to everyone.
Stanford Health Care’s Bohannon Line also provides all day service to the Bohannon Drive area.
FOR MORE INFORMATION
Menlo Park Shuttles Caltrain
650-330-6770 800-660-4287
menlopark.org/shuttles caltrain.com
Regional Transit Stanford Health Care
Dial 5-1-1 650-736-8000
511.org stanfordmedicinetransportation.org/shuttles
Sign up for text alerts: smctd.com/shuttles/shuttle_text_alerts Live Shuttle Tracker: peninsulashuttles.com
The M3-Marsh Road Shuttle is funded through generous
grants from our partner agencies:
2 M3 M4
The M3-Marsh Road Shuttle operates Monday to Friday. No service on federal holidays or their observed days. Exceptions:
service on Columbus Day and Veterans Day; no service on the Friday after Thanksgiving.
ATTACHMENT B Page I-4.7
REIMAGINE
SAMTRANS
Redwood City Transit Center Loop //
Florence / 17th — Redwood City Transit Center
Route 270 & 276
Service Change Description
Existing Service
Routes 270 and 276 provide service every 60 minutes to similar areas of Redwood City. Neither route has high ridership, even though they serve important communities and growing job areas. Both routes compete with free shuttles connecting the Redwood City Caltrain station with jobs on Broadway Street.
Route 270 runs weekdays and Saturdays. Route 276 runs on weekdays.
Recommended Changes
Coverage (Where it goes)
Route 270 would have no route changes.
In the recommended network, Route 276 would serve Redwood City Caltrain station from Winslow Road, on the northeast side of the tracks, and then run along Marshall Street, Broadway, and Bay Road, with a loop at Marsh Road, to Scott Drive and BohannonDrive.
Frequency (How often it runs)
Route 270 would operate every 60 minutes.
Route 276 would operate more often, running every 30 minutes during the weekday peak and midday, as well as all day on Saturdays. On weekday evenings and all day on Sundays, the bus will run every 60 minutes.
Hours of Service (When it runs)
Route 270 would operate the same hours on weekdays and Saturdays as today.
Route 276 would operate later on weekdays, until 9 p.m., and on weekends until 7 p.m.
Existing Route 276
Recommended Route 276
Recommended Route 270
Existing Route 270
ATTACHMENT C Page I-4.8
REIMAGINE
SAMTRANS
Route 270 & 276
Route 270 Frequency
Route 276 Frequency
Day
Peak
(minutes)
(6-9am, 3-7pm)
Midday
(minutes)
(9am-3pm)
Evening
(minutes)
(7pm-12am)
Existing
Weekday 60 60 —
Saturday 60 60 —
Sunday — — —
Recommended
Weekday 60 60 —
Saturday 60 60 —
Sunday — — —
Day
Peak
(minutes)
(6-9am, 3-8pm)
Midday
(minutes)
(9am-3pm)
Evening
(minutes)
(8pm-12am)
Existing
Weekday 60 60 —
Saturday 60 60 —
Sunday — — —
Recommended
Weekday 30 30 60
Saturday 30 30 —
Sunday 30 60 —
Route 270 Hours of Service
Route 276 Hours of Service
Weekday Saturday Sunday
Existing 6:30 AM7:30 PM
7:30 AM7:30 PM —
Recommended 6:30 AM7:30 PM
7:30 AM7:30 PM —
Weekday Saturday Sunday
Existing 6:30 AM6:30 PM — —
Recommended 6:30 AM9:00 PM
7:30 AM7:00 PM7:30 AM7:00 PM
Page I-4.9
REIMAGINE
SAMTRANS
East Palo Alto — Redwood City —
SFO — San Bruno BART
Route EPX
Service Change Description
Hours of Service
Recommended Frequency
Day
Peak
(minutes)
(6-9am, 3-7pm)
Midday
(minutes)
(9am-3pm)
Evening
(minutes)
(7pm-12am)
Existing
Weekday — — —
Saturday — — —
Sunday — — —
Recommended
Weekday 60 — —
Saturday — — —
Sunday — — —
Weekday Saturday Sunday
Existing — — —
Recommended
5:00 AM9:30 AM,
2:30 PM7:30 PM
— —
Existing
Recommended
Coverage (Where it goes)
Route EPX would be a new limited-stop route connecting East Palo Alto and Redwood City to San Francisco International Airport. Some trips will terminate in the northern end at San Bruno BART Station, while some limited service may be provided on this route to downtown San Francisco. This route was identified in the US-101 Express Bus Feasibility Study and replace some connections currently offered by SamTrans Route 398 (SamTrans, November 2018).
Frequency (How often it runs)
Route EPX will operate every 60 minutes during peak hours.
Hours of Service (When it runs)
Route EPX will run during peak periods on weekdays.
Recommended Route EPX
Recommended Route EPX (limited service)
On-Demand Zone
Page I-4.10
ATTACHMENT D Page I-4.11
Rectangular rapid flashing beacons (Oak Grove Ave. – Menlo Park) Traditional raised crosswalk (Steiner St. & Waller St. – San Francisco) Simplified raised crosswalk (Laurel St. – Menlo Park)
ATTACHMENT E Page I-4.12
Existing conditions: non-pull out option (Willow Rd. – Menlo Park) Pull out option (Ringwood Ave. – Menlo Park)
ATTACHMENT F Page I-4.13
Police
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 5/24/2022
Staff Report Number: 22-106-CC
Informational Item: Police department quarterly update – Q2 September 2021 – December 2021 and Q3 January 2022 –
March 2022
Recommendation
The purpose of this informational item is to provide an update to the public and to the City Council as requested in City Council discussions in spring and summer 2021. This is an informational item and does not require City Council action.
Policy Issues
In accordance with the City Council informational requests and interest in Menlo Park Police Department (MPPD) activities and use of equipment, this staff report transmits information to the public.
Analysis
In public discussions with City Council, the following information is provided through regular updates by the MPPD:
1. Results of required periodic auditing of the department’s automated license plate reader (ALPR) technology. The department is required to conduct regular audits of the system to ensure it is being used appropriately.
2. Reports of interactions with animal control. Specifically, the City Council requested to be notified of any animal control hearings being held for dangerous animal in Menlo Park.
3. Use of force and Taser incidents. Committed to transparency, the MPPD will provide the number of documented use of force incidents and Taser deployments regularly. Every documented use of force incident (including Taser deployments) is investigated and reviewed by the supervisor and command staff by policy.
4. Complaints. Also in the spirit of transparency, the MPPD will provide the number of complaints received and reviewed regularly.
5. Assembly Bill 481 (AB 481.) AB 481, signed into law September 30, 2021 and applicable to agencies no later than May 1, 2022, requires that law enforcement agencies obtain the approval of City Council, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. The City Council adopted this ordinance at their May 10, 2022, meeting.
6. Community engagement. For a more holistic perspective, the MPPD will also be sharing a general overview of outreach activities completed by the department on a regular basis.
AGENDA ITEM I-5 Page I-5.1
Staff Report #: 22-106-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Quarterly updates – September 2021 – March 2022
ALPR update
From October 2021 to March 2022, MPPD’s three mobile mounted ALPR’s captured 248,205 license plates.
The data captured resulted in 115 “hits” that a captured license plate was currently on an active law enforcement database or wanted list.
Additionally, MPPD also audits inquiries to the overall ALPR databases made by members of MPPD staff.
Each inquiry to the database requires an articulable investigative reason (case investigation.) MPPD made three inquiries during Q2, and 100 percent of inquiries were accompanied by a case number for accountability. The ALPR database was offline for Q3 and no inquiries were made.
Animal control update
During this reporting period, no animal control hearings for animals in Menlo Park were conducted and no citations were issued by Animal Control in our jurisdiction.
Use of force update
From October 2021 to March 2022, MPPD was attached to 14,049 incidents, including calls for police service and proactive patrol activity. There were no uses of force meeting the threshold for further documentation reported. Each reported use of force report is presented for review to the chief and command staff, and any training issues are identified and addressed.
Complaints update
From October 2021 to March 2022, MPPD was attached to 14,049 incidents, including calls for police service and proactive patrol activity. Three (3) complaints were documented either from the community or self-initiated by this department. Each complaint is always evaluated and/or investigated according to policy.
AB 481 equipment use update
From October 2021 to March 2022, MPPD was attached to 14,049 incidents, including calls for police service and proactive patrol activity. During this time period, there were no operations of MPPD or SWAT (Special Weapons and Tactics) personnel that resulted in the use of equipment listed in compliance with AB 481.
Community engagement update
MPPD officers encounter opportunities regularly to interact with the community in a positive way. During the quarters from October 2021 to March 2022, Menlo Park Police officers documented 84 distinct incidents as “OUTREACH” in the computer dispatch system (CAD). While this number is the floor, not the ceiling of the total positive interactions MPPD has with the public, these incidents were entirely community engagement and public service oriented.
The 84 incidents included officers engaging in conversations over coffee with community members, passing out stickers to children, interactive visits to the local skate park, engagement during downtown foot patrols and at Lions Club sponsored Farmers’ Market, in addition to numerous visits to local elementary and middle schools.
Officers collaterally assigned to the Menlo Park Police Bicycle Team are deployed on a regular basis (at least weekly, more often when staffing permits), and are present for community events as well as conducting proactive outreach with youth and community members while on Bike Patrol.
Page I-5.2
Staff Report #: 22-106-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
None.
Report prepared by:
W.A. “Tony” Dixon, Police Commander
Dave Norris, Police Chief
Page I-5.3