Menlo Park City Council
June 28, 2022

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

REGULAR MEETING AGENDA
Date: 6/28/2022
Time: 6:00 p.m.

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

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

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

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

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

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

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
June 28, 2022

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

E. Consent Calendar
E1. Accept the City Council meeting minutes for June 6, 13, 14, and 17, 2022 (Attachment) E2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #22-116-CC)
E3. Amend the agreement with APTIM Environmental and Infrastructure, LLC for the operation, maintenance and reporting of the Bedwell Bayfront Park Landfill leachate and gas collection and control systems (Staff Report #22-117-CC)
E4. Adopt resolutions authorizing staff to submit applications to the Metropolitan Transportation Commission for the One Bay Area Grant Program (Staff Report #22-118-CC) E5. Adopt a resolution of intention to abandon public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive (Menlo Uptown) associated with the proposed redevelopment of the project site (Staff Report #22-119-CC) E6. Adopt a resolution approving the fiscal year 2022-23 investment policy for the City and the former Community Development Agency of Menlo Park (Staff Report #22-122-CC) F. Public Hearing
F1. Adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of assessment and ordering the levy and collection of assessments for Landscaping Assessment District for fiscal year 2022-23 (Staff Report #22-120-CC) (Presentation) F2. Certificate of sufficiency of the petition for the proposed initiative measure entitled "A CitizenSponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-121-CC) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
June 28, 2022

F3. Determination of action, pursuant to Elections Code Section 9215, regarding the proposed initiative measure entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or ReZoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-129-CC)
G. Regular Business
G1. Adopt resolutions for fiscal year 2022-23: budget and capital improvement plan; establish appropriations limit; establish a consecutive 1 percent utility users’ tax rate through June 2023; establish the salary schedule effective July 3, 2022; extend rate assistance program through June 2023; establish direction for administration of American Rescue Plan Act funds; and accept award authority and bid requirement through June 2023 (Staff Report #22-123-CC) G2. Direction on the Burgess Pool aquatics operator agreement negotiation (Staff Report #22-124-CC) H. Informational Items
H1. City Council agenda topics: July 2022 (Staff Report #22-125-CC) H2. Re-Imagining Public Safety Ad Hoc Subcommittee update (Staff Report #22-126-CC) H3. Receive and file an update on the solid waste and water rate assistance program (Staff Report #22-127-CC)
H4. ConnectMenlo Community Amenities Ad Hoc Subcommittee update (Staff Report #22-128-CC) I. City Manager's Report
J. City Councilmember Reports
K. Closed Session
K1. Closed session pursuant to Government Code 54957.6: Conference with Labor Negotiator Agency Designated Representative: Mayor, Nira Doherty, Genevieve Ng Unrepresented Employee: City Manager
L. Report from Closed Session
M. Adjournment
At every regular meeting of the City Council, in addition to the public comment period where the public shall have the right to address the City Council on any matters of public interest not listed on the agenda, members of the public have the right to directly address the Council on any item listed on the agenda at a time designated by the chair, either before or during the City Council’s consideration of the item.

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

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

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

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Agenda
June 28, 2022

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

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

Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 06/23/2022)

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

Location: Zoom
Special Session
A. Call To Order
Mayor Nash called the meeting to order at 6:07 p.m.

B. Roll Call

Present: Combs, Mueller, Nash, Taylor, Wolosin

Absent: None
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, City Clerk Judi A. Herren
C. Study Session
C1. Review and provide feedback on the draft City of Menlo Park Sixth Cycle 2023-2031 Housing Element (Staff Report #22-108-CC)
Assistant Community Development Director Deanna Chow introduced the item.

M-Group representative Asher Kohn made the presentation (Attachment). • Francesca Segre spoke in support of the school district and City partnering in housing development and amenities for educators and requested clarification on additional sites on El Camino Real.
• Katherine Dumont spoke in support of increasing density near services, increasing fees in line with neighboring jurisdictions, and adding the civic center as feasible development sites, and noted that removal of the Flood School site would be short-sighted. • Verle Aebi requested information about the Guild Theatre (site #51) being on the list and the Cornerstone building not on the list and expressed support for reducing the City’s accessory dwelling unit (ADU) fees.
• Menlo Park City School District Superintendent Erik Burmeister spoke in support of expanding housing supply and equity, encouraged cooperation between the district and the City to foster quality schools, and opposed the removal of references to school impacts in the public review draft of the Housing Element.
• Lauren Bigelow spoke in support of housing staff, densification of housing near transit, and establishing metrics and milestones to track progress.
• Housing Choices representative Kalisha Webster spoke in support of affordable housing and provided clarification and expanded upon the types of developmental disabilities described in the draft Housing Element, and encouraged outreach to other agencies that support individuals with the different types of disabilities described.
• Adina Levin provided comments on the transportation programs, in support of the civic center as a site, and in opposition on reduce density of the Flood School site. • Mid-Pen Housing representative Andrew Bielak spoke in favor of the proposed incentives for AGENDA ITEM E-1 Page E-1.1

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special Meeting Minutes – DRAFT
June 6, 2022

affordable housing, requested clarification on the proposed affordable housing overlay modifications and applicability of fee waivers, and encouraged review of the proposed implementation measures and timelines to ensure the Housing Element will produce affordable housing.
• Karen Grove spoke in support of increased density of 100 dwelling units/acre at the Sharon Heights shopping center as a housing site and in opposition of lower density at the Flood School site, and asked for enhanced tenant protections as quickly as possible in the upcoming Housing Element cycle.
• Nicole Chessari expressed concerns about the density, access and affirmatively further fair housing of the Flood School and questioned the acreage identified for housing on Site No. 12. • William Eger spoke in support for educator housing and a partnership with the school district and City.
• Katie Behroozi spoke in support of the Flood School site, working with the Ravenswood school district, concerns on the viability of proposed sites, review of additional potential sites not currently on the housing opportunity sites list, development of a rental registry, and reduced parking requirements.
• Pam Jones spoke on assessing other available properties like parking and vacant lots as housing sites, and review of the General Plan and Specific Plan to increase density in the downtown area and reduce the jobs-housing imbalance.
• Liz Hove spoke on concerns related to reducing segregation and promoting equity, and considering potential environmental impacts in developing new housing across the city, specifically in relation to housing opportunity site #38 adjacent to US-101 and a low-density residential neighborhood.
• Misha Silin spoke in support of the removal of unrealistic sites, strengthening feasible sites, and increased density Downtown.
• Kathleen Daly spoke in support of development of affordable housing at the Flood School site, with consideration for exploring multiple access points to the site and waiting until project plans are available to understand the proposed density at the site.

The City Council received clarification on the number of units to meet and exceed the Regional Housing Needs Assessment (RHNA) requirements and reasoning behind the 30% buffer, equity around the proposed 30% buffer, restricting office building or requiring housing for office projects, cycle five housing element, retaining sites on the list even if the property owner is not interested in housing development on their site(s), California Department of Housing and Community Development (HCD) requirements, guidelines, regulations, density impacts to parking, Reference (Ref) G, Site #12 (345 Middlefield Road (US Geological Survey)) acreage, auction, and zoning, and Ref I, Civic Center campus.

The City Council discussed site #51 (Guild Theater), Ref A Sites #65 (1000 Marsh Rd.), 66 (3885 Bohannon Dr.), and 73 (4065 Campbell Dr.), developing affordable housing, staff recommendations and considerations, and rezoning office to residential.

The City Council directed
Ref A, Sites # 65 (1000 Marsh Rd.), 66 (3885 Bohannon Dr.), and 73 (4065 Campbell Dr.) – Remove from opportunity sites list
Ref B, Sites #4 (2480 Sand Hill Rd.) and 49 (2700 Sand Hill Rd.) – Keep on opportunity sites list Ref C, Site #45R (Alpine Rd. at Stowe Ln) – Remove from opportunity sites list Page E-1.2

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special Meeting Minutes – DRAFT
June 6, 2022

Ref D, Site #40(C) (St. Bede’s Church) – Keep on opportunities sites list with Affordable Housing Overlay (AHO) bonus
Ref E, Site #6 (900 Santa Cruz Ave.) – Keep on opportunities sites list with AHO bonus Ref F, Site #38 (320 Sheridan Dr.) – Keep on sites list but limit density to 20 du/ac and do not apply the AHO bonus
Ref G, Site #12 (345 Middlefield Rd.) – Keep on opportunity sites list with increased densities on site with AHO bonus and reflect acreage for a school
Ref H, SRI/Parkline – Keep as pipeline project
Ref I, Civic Center – Reaffirm – do not include in the housing opportunity site inventory; no change The City Council took a recess at 9:48 p.m.

The City Council reconvened at 10:00 p.m.

In addition to clarifying decisions related to the sites discussed earlier in the evening, the City Council also discussed utilizing City-owned parking lots for housing and discussed not including the Red Cottage Inn on El Camino Real as a potential housing site in order to maintain hotel tax revenues.

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

The City Council received clarification on proposed zoning ordinance amendments related to the Housing Element Update, the minimum residential density requirements being evaluated, how residential mixed use redevelopment could be implemented on parcels currently designated only for office and commercial uses, maintaining a balance of office uses in the community, the planning review process for residential projects of different sizes, and the potential for property tax exemption changes from development residential uses on religious sites.

The City Council also discussed re-prioritizing implementation items, such as an anti-displacement strategy, in the draft Housing Element, and ensuring coordination with the school districts during the Housing Element Update process.

D. Closed Session
D1. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Title: City Manager
D2. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Evaluation Title: Interim City Manager
D3. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Evaluation Title: City Attorney
• Pam Jones requested the same information with the previous city attorney firm.

The City Council continued items D1., D2., and D3. to a future meeting.

Page E-1.3

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special Meeting Minutes – DRAFT
June 6, 2022

E. Report from Closed Session
None.

F. Adjournment
Mayor Nash adjourned the meeting at 11:23 p.m.

Judi A. Herren, City Clerk
Page E-1.4

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
SPECIAL MEETING MINUTES – DRAFT
Date: 6/13/2022
Time: 3:30 p.m.

Location: Zoom
Closed Session
A. Call To Order
Mayor Nash called the meeting to order at 3:35 p.m.

B. Roll Call

Present: Combs, Mueller, Nash, Taylor, Wolosin

Absent: None
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, Legal Counsel Genevieve Ng, City Clerk Judi A. Herren
C. Closed Session
C1. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Title: City Manager
• Lynne Bramlett spoke in support taking time on the city manager appointment and provided suggestions on the recruitment process.

C2. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Evaluation Title: Interim City Manager
C3. Closed session pursuant to Government Code 54957.6: Conference with Labor Negotiator Agency Designated Representative: Mayor, Genevieve Ng, Nira Doherty Unrepresented Employee: City Manager
D. Report from Closed Session
No reportable actions.

E. Adjournment
Mayor Nash adjourned the meeting at 4:54 p.m.

Judi A. Herren, City Clerk
Page E-1.5

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
SPECIAL AND REGULAR MEETING MINUTES – DRAFT
Date: 6/14/2022
Time: 3:30 p.m.

Location: Zoom
A. Call To Order
Mayor Nash called the meeting to order at 3:38 p.m.

B. Roll Call

Present: Combs, Mueller (exited meeting at 6:26 p.m. and re-entered the meeting at 6:37 p.m.), Nash, Taylor, Wolosin

Absent: None
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, City Clerk Judi A. Herren
C. Agenda Review
None.

D. Closed Session
D1. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Evaluation Title: City Attorney
• Drew Combs spoke in favor of increased transparency on this item and in opposition of it being on the closed session agenda.

D2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: David Fogel et al. v. City of Menlo Park, Case No. 21-CIV-06674 6:00 p.m. Regular Session
Mayor Nash reconvened the meeting at 6:32 p.m.

E. Report from Closed Session
No reportable actions.

F. Presentations and Proclamations
F1. Proclamation: Recognizing Juneteenth Day (Attachment) Mayor Nash read the proclamation (Attachment).

The City Council discussed displaying the Juneteenth flag year-round.

Page E-1.6

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
June 14, 2022

City Councilmember Mueller arrived at 6:37 p.m.

F2. Proclamation: Recognizing June 2022 as Pride Month (Attachment) Mayor Nash read the proclamation (Attachment).

LGBTQ Commission Co-Chair Dana Johnson accepted the proclamation.

G. Public Comment
• Cheryl Schaff spoke on the Climate Team’s findings following their Earth Day festival. • Katie Behroozi spoke on the Chamber of Commerce’s business alliance meeting and concerns on the lack of bicycle parking at the Guild Theater.

H. Consent Calendar
H1. Accept the City Council meeting minutes for May 17 and 24, 2022 (Attachment) H2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #22-111-CC)
H3. Adopt a resolution modifying the City Council’s regular meeting schedule to replace November 8, 2022 with November 1, 2022 (Staff Report #22-109-CC)
H4. Adopt a resolution calling and giving notice of holding a General Municipal Election for three City Council seats in districts 1, 2 and 4, requesting that the City Council consolidate the election with the Statewide General Election to be held November 8, 2022, and contracting with the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder for election services (Staff Report #22-110-CC)
H5. Adopt a resolution authorizing the city manager to execute an agreement with Bigbreak, LLC (Chefables) in an amount not to exceed $100,000 to continue the delivery of food services at the Belle Haven Child Development Center during fiscal year 2022-23 (Staff Report #22-112-CC) ACTION: Motion and second (Taylor/ Wolosin), to approve the consent calendar, passed unanimously.

I. Public Hearing
I1. Public hearing on proposed fiscal year 2022-23 budget and capital improvement plan (Staff Report #22-113-CC)
Interim Finance Director Marvin Davis, Administrative Services Director Mary Morris-Mayorga and Public Works Director Nikki Nagaya made the presentation (Attachment).

Mayor Nash opened the public hearing.
• Adina Levin requested clarification on how programs identified in the housing element would be funded in the proposed or future budgets and the status of the Caltrain grade separation project and in support of traffic safety projects.

Page E-1.7

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
June 14, 2022

• Lynne Bramlett spoke on concerns that the spending needs to be for City Council goals and priorities, services being removed, need for staff program reviews, increasing staff, increased American Rescue Plan (ARPA) funds, and requested a high-level budget document. • Pam Jones spoke on concerns related to the use of term “Facebook Beat 4” and requested clarification on Las Pulgas funds, remaining debt, and Excess Educational Revenue Augmentation Fund (ERAF).

Mayor Nash closed the public hearing.

The City Council received clarification on how programs in the housing, environmental justice and safety element programs would be funded in the proposed or future budgets, Caltrain grade separation status, and confirmation that funding from the Meta (formerly Facebook) development agreements is separated into the Bayfront Mitigation fund and is not funding police operations.

The City Council discussed
1) Service level enhancements (Attachment)
City Manager’s Office (CMO) – graphic designer position and contract option – bolstering public engagement services
CMO – management analyst I/II – current and proposed size of the sustainability division – comparison cities with similar departments – use of contract services in-lieu of full-time equivalent (FTE) or as supplemental
Police Department (PD) – community service officers – explanation for the need and restoration of the positions
PD – emergency preparedness coordinator – updating this to a full-time position as a resource exclusively for the City of Menlo Park organization – current position filled by the Menlo Park Fire Protection District (MPFPD) on part time basis – stakeholders involved in the position Library and Community Services Department (LCS) – gymnastics – produces revenue and is its own revenue source
Community Development Department (CDD) – housing support – one position split between two funds (general fund and below market housing) – BMR funding to fund BMR housing and staff – other impact fees that fund other staff positions
Contract services – PD – parking enforcement – description Contract services Public Works Department (PW) – herbicide-free median maintenance – duties The City Council took a recess at 8:15 p.m.

The City Council reconvened at 8:24 p.m.

The City Council discussed
2) ARPA
Use to help residents impacted by the pandemic and City programs to improve the quality of life of residents (positive to the community), process and staff capacity to pursue how to provide funding/programs to those who need it, earmarking funds for future budget cycles, programs for seniors and/or teens and/or young adults, and allocating a percentage to programs for those in need. 3) ERAF
Allocating 100% for fiscal year 2022-23, future updates to 5-year forecast to not include 100% of ERAF, and discontinuing ERAF in the future.
4) Utility Users’ Tax (UUT)
Page E-1.8

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
June 14, 2022

Support and uphold finding and retaining UUT at 1%.
5) Capital improvement projects (CIP)
The City Council directed an update to the project description for the Downtown Parking Structure Study in the future to align with the Housing Element and an updated status on the Caltrain grade separation project. The City Council also requested that the use of electric pool heating equipment not impact the temperature of the pool.

J. Regular Business
J1. Adopt a resolution of support for BlocPower LLC to provide building electrification services for building owners (Staff Report #22-114-CC)

Sustainability Manager Rebecca Lucky introduced the item. • MenloSpark director spoke in support of the resolution. • Nicole Kemeny spoke in support for the resolution.

The City Council discussed the term partnership usage in the staff report.

ACTION: Motion and second (Mueller/ Taylor), to adopt a resolution of support for BlocPower LLC to provide building electrification services for building owners that want to voluntarily electrify their natural gas equipment to electric, passed unanimously.

K. Informational Items
K1. City Council agenda topics: June 28, 2022–July 12, 2022 (Staff Report #22-115-CC) L. City Manager's Report
None.

M. City Councilmember Reports
City Councilmember Mueller reported out on a firework that startled West Menlo Park on June 13.

N. Adjournment
Mayor Nash adjourned the meeting at 9:50 p.m.

Judi A. Herren, City Clerk
Page E-1.9

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
SPECIAL MEETING MINUTES – DRAFT
Date: 6/17/2022
Time: 2:00 p.m.

Location: Zoom
Closed Session
A. Call To Order
Mayor Nash called the meeting to order at 2:07 p.m.

B. Roll Call

Present: Combs, Mueller (arrived at 2:30 p.m.), Nash, Taylor, Wolosin

Absent: None
Staff: Legal Counsel Genevieve Ng, City Clerk Judi A. Herren C. Closed Session
C1. Closed Session pursuant to Government Code 54957(b)(1): Public Employment Title: City Manager

C2. Closed Session pursuant to Government Code 54957(b)(1): Public Employee Appointment Title: City Manager

C3. Closed session pursuant to Government Code 54957.6: Conference with Labor Negotiator Agency Designated Representative: Mayor, Genevieve Ng
Unrepresented Employee: City Manager
D. Report from Closed Session
ACTION: The City Council appointed Justin Murphy as the regular city manager, with the contract to be agendized at a future meeting, passed unanimously.

E. Adjournment
Mayor Nash adjourned the meeting at 4:27 p.m.

Judi A. Herren, City Clerk
Page E-1.10
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: 6/28/2022
Staff Report Number: 22-116-CC
Consent Calendar: Adopt a resolution to continue conducting the City’s Council and advisory body meetings
remotely due to health and safety concerns for the
public and to authorize the use of hybrid meetings
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings.

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

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

Although the City has returned to in-person meetings, due to the prevalence of BA strains of the SARSAGENDA ITEM E-2 Page E-2.1 Staff Report #: 22-116-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org CoV-2 virus overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors.

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

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

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

Attachments
A. Resolution
Report prepared by:

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

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

ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY

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

ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting solely in person would present imminent risks to the health or safety of attendees; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID 19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 11, 2020 the City Council proclaimed the existence of a local state of emergency within the City, pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and
WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta and Omicron Variants are highly transmissible in indoor settings; and
WHEREAS, the Omicron subvariants of the SARS-CoV-2 virus is overtaking other variants in San Mateo County; and
WHEREAS, according to data from the County’s Health Administrator and County website, the County is averaging approximately 47 new cases per 100,000 of COVID-19 per day; and WHEREAS, although the City has returned to in-person meetings, due to the prevalence of BA strains of the SARS-CoV-2 virus overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors; and
WHEREAS, the State of California and the City of Menlo Park continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of ATTACHMENT A Page E-2.3
Resolution No. XXXX

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

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

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

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

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

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

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

Judi A. Herren, City Clerk
Page E-2.5
Public Works

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

STAFF REPORT
City Council
Meeting Date: 6/28/2022
Staff Report Number: 22-117-CC
Consent Calendar: Amend the agreement with APTIM Environmental and Infrastructure, LLC for the operation,
maintenance and reporting of the Bedwell Bayfront
Park Landfill leachate and gas collection and
control systems
Recommendation
Staff recommends that the City Council authorize the city manager to amend the agreement (Attachment A) with APTIM Environmental and Infrastructure, LLC (APTIM) for the operation, maintenance and reporting of the Bedwell Bayfront Park Landfill leachate and gas collection system improvements in the amount of $275,100 for an additional one-year term.

Policy Issues
The agreement is consistent with Goal LU-7 (Land Use) of the general plan land use element which is intended to “promote the implementation and maintenance of sustainable development, facilities and services to meet the needs of Menlo Park's residents, businesses, workers and visitors.” Background
Landfill history
The Bedwell Bayfront Park Landfill (Bedwell Landfill) is a Class III non-hazardous solid waste management facility located at the north end of the City on San Francisco Bay at Bayfront Expressway and Marsh Road.

The site is surrounded on three sides by the Don Edwards San Francisco Bay National Wildlife Refuge.

Originally referred to as the Marsh Road Landfill, San Mateo County first established solid waste operations at the site in 1957. In 1968, the City of Menlo Park (City) took over the responsibility of the landfill until its closure in 1984. In 1982, the City began the development of Bedwell Bayfront Park on the 160-acre site, of which the landfill covers 155 acres.

The critical aspect of maintaining the closed landfill includes managing the gases that are produced as the waste decomposes (primarily methane) and the water that infiltrates the refuse (known as leachate.) The Bedwell Landfill typically generates about 127 million standard cubic feet of landfill gas a year. About 3.5 million gallons of leachate are extracted from the landfill and discharged to the sanitary sewer annually through the systems and regulatory permitting requirements described below.

Gas collection and control system
To comply with Bay Area Air Quality Management District (Air District) regulatory requirements and as part of the landfill closure plan, the City covered the refuse with clay. A landfill gas wellfield was installed in two phases, with the first phase built in 1984 and the second phase in 1987. Currently, the wellfield consists of 72 gas extraction wells and a network of gas collection pipes embedded just beneath the surface of the landfill cap.

AGENDA ITEM E-3 Page E-3.1
Staff Report #: 22-117-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Leachate collection and treatment system
The City also has the responsibility to monitor, collect samples and dispose of the leachate generated from the landfill in accordance with a permit to operate issued by the Regional Water Quality Control Board (Water Board.) Leachate is groundwater that has migrated through landfill fill material and requires treatment through the sanitary sewer system. The monitoring system consists of seven groundwater monitoring wells, two surface water monitoring locations, six leachate wells, five piezometers, the 12 leachate extraction sumps and one leachate monitoring location at a sanitary sewer manhole.

Operations and maintenance
The landfill gas collection and control system (gas system) and the leachate system are currently operated and maintained by APTIM Environmental and Infrastructure, LLC (formerly CB&I) under a five-year agreement authorized by the City Council in April 2017 (Attachment B.) The agreement scope includes APTIM’s preparation and submittal of monthly landfill gas system operations and maintenance reports and annual Surface Emissions Monitoring (SEM) reports to the Air District as required by the Air District permit.

Upcoming Bedwell Landfill leachate and gas system improvement construction In May 2019, staff issued a request for proposals (RFP) to design the landfill gas and leachate collection system improvements at the Bedwell Landfill in accordance with all regulatory requirements. The City received three proposals for the first phase of the project June 5, 2019. Staff selected Golder Associates, Inc. for the work as their proposal was comprehensive and their project team had relevant experience working on a similar scope at the Palo Alto Byxbee Park landfill.

On August 14, 2019, the city manager entered into a professional services agreement with Golder to conduct the evaluation phase of the project. Golder submitted their evaluation report July 13, 2020. The report concluded that the existing leachate collection and gas systems do not require major replacement or expansion of extraction capacity to meet current regulatory requirements since they have continued to comply with the current Water Board and Air District permits. However, both systems are in need of maintenance repairs and upgrades to improve long-term operability and park safety, particularly on the public access trail system.

On January 12, 2021 City Council approved an amendment to the agreement with Golder to proceed with the design of the Bedwell Landfill leachate and gas system improvements. The plans and specifications to procure a contract for construction of the improvements will be ready for bid advertisement in July 2022.

Staff plans to put the construction plans and specifications out to bid by the end of July 2022 with a bid opening planned in August 2022. It is expected that the lowest responsive bid for construction of the Bedwell Landfill improvements will be brought to the City Council in September 2022 for award of a construction contract. The construction of the landfill improvements will take about four months, during which time the existing leachate and gas systems will be undergoing extensive modifications and occasional shutdowns requiring changes in the monthly monitoring and reporting to the regulatory agencies (Air District and Water Board.)
Analysis
The APTIM agreement for the Bedwell Landfill operation and maintenance services expires June 30, 2022.

Because the landfill improvement construction activities will be ongoing through early 2023, it will be necessary to have an operation and maintenance contractor available to work with Golder and the construction contractor throughout completion and final acceptance of the leachate and gas systems upgrades. Over the past two years, APTIM has been working with the Golder design team and the regulatory agencies as the plans for the construction of the landfill improvements were developed and completed for bidding. APTIM has been an integral part of the design team, and is very familiar with the Page E-3.2
Staff Report #: 22-117-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org system and regulatory requirements. For these reasons, staff recommends extending APTIM’s operation and maintenance agreement term for one additional year to accommodate the construction activities. This will provide consistent support to Golder and the contractor during the improvement construction and maintain coordination with the regulatory agencies (Air District and Water Board.) On May 19, 2022, APTIM submitted a proposal for the recommended one-year extension of the Bedwell Landfill operation and maintenance services (Attachment C.) The scope of work includes the tasks listed in Table 1.

Table 1: Scope of work tasks
Task Description
1 Leachate and gas systems routine monitoring, operating and maintenance services
2 Quarterly groundwater sampling and analysis
3 Groundwater analysis reports
4 Gas system reporting
5 On-call maintenance and repair work
6 Project management
7 Wellfield reconstruction support
Tasks 1 through 6 above are also included in the current APTIM agreement and cover the following regulatory reporting requirements:
• Annual surface emissions monitoring (SEM) report
• Annual leachate flow meter calibration check
• Semiannual groundwater sampling, laboratory analysis and reporting • Semiannual surface water sampling, laboratory analysis and reporting • Quarterly leachate sampling, laboratory analysis and reporting • Monthly gas system flare operations, inspection and maintenance • Gas system weekly, monthly, quarterly monitoring and annual maintenance and reporting In addition, APTIM has included Task 7 to cover regulatory compliant gas system operation during construction of the gas system improvements and upgrades. This will require extensive coordination with Golder and the construction contractor including gas system monitoring and ongoing communication with the Air District as the gas system undergoes modifications to improve is operations under the Air District permit to operate.

APTIM’s proposed routine service fee for the 12-month term extension is $220,100. This is an increase of about 25 percent over the previous agreement’s five-year annual fee of $159,200. Since the initial five-year agreement has a fixed annual fee with no provision for annual cost escalation, APTIM’s proposed fee increase provides for increased labor, material and transportation costs that have been experienced since the initial agreement was awarded in 2017 and will cover the one-year extension time period. This increase is consistent with the consumer price index increases over the last five years. APTIM has also proposed a budget of $50,000 to cover on-call maintenance and repair work (the same annual amount as the current agreement for this task) and $25,000 for wellfield reconstruction support over an anticipated six-month period of time.

Page E-3.3
Staff Report #: 22-117-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff will issue an RFP for a new five-year operation and maintenance agreement during spring 2023, once the Bedwell Landfill leachate and gas system improvements and upgrades are complete. This new agreement is anticipated to begin July 1, 2023.

Impact on City Resources
Landfill post closure funds will be utilized to continue to operate and maintain the Bedwell Bayfront Park Landfill leachate and gas collection system. The proposed fiscal year 2022-23 operating budget includes sufficient funding for the extension of this agreement.

Environmental Review
This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(c) and 15301(d) Existing Facilities.

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

Attachments
A. Agreement amendment and original agreement
B. Hyperlink – April 18, 2017, City Council Staff Report: menlopark.org/DocumentCenter/View/13404/I2--- Bayfront-Park-Maintenance-Agreement?bidId=
C. APTIM one-year extension proposal
Report prepared by:

Tanisha Werner, Assistant Public Works Director
Reviewed by:

Nikki Nagaya, Public Works Director
Page E-3.4
CC Rev 20210301

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC THIS FIRST AMENDMENT is made and entered into this __________________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as “CITY,” and APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC, hereinafter referred to as “FIRST PARTY.”

1. Pursuant to Section 4. COMPENSATION AND PAYMENT of Agreement No. 2117, (“Agreement”), Section 4. COMPENSATION AND PAYMENT [amendment to section] to read as follows” “CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $1,321,100 as described in Exhibit "A", A-1, and A-2 Scope of Services. This compensation shall be based on the rates described in Exhibit "A, A-1, And A-2". All payments, including fixed hourly rates, shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.”

2. Pursuant to Section 9. NOTICES of Agreement No. 2117, (“Agreement”), Section 9. NOTICES [amendment to section] to read as follows”
Nicole H. Nagaya
Public Works
City of Menlo Park
701 Laurel St.

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

Christopher M. Richgels
APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC.
4005 Port
Chicago HWY, Concord, CA 94520
916-218-8375
[email protected]

3. Pursuant to Section 24. TERM OF AGREEMENT of Agreement No. 2117, (“Agreement”), Section

24. TERM OF AGREEMENT [amendment to section] to read as follows” “This Agreement shall remain in effect for the period of July 1, 2017 through June 30, 2023 unless extended, amended, or terminated in writing by CITY.”
Except as modified by this Amendment, all other terms and conditions of Agreement No. number remain the same.

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

SIGNATURE PAGE TO FOLLOW
ATTACHMENT A Page E-3.5
2 CC Rev 20200301
FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page E-3.6
Page E-3.7
Page E-3.8
Page E-3.9
Page E-3.10
Page E-3.11
Page E-3.12
Page E-3.13
Page E-3.14
Page E-3.15
Page E-3.16
Page E-3.17
Page E-3.18
Page E-3.19
Page E-3.20
Page E-3.21
Page E-3.22
Page E-3.23
Page E-3.24
Page E-3.25
Page E-3.26
Page E-3.27
Page E-3.28
Page E-3.29
Page E-3.30
Page E-3.31
Page E-3.32
Page E-3.33
Page E-3.34
Page E-3.35
Page E-3.36
Page E-3.37
Page E-3.38
Page E-3.39
Page E-3.40
Page E-3.41
Page E-3.42
Page E-3.43
Page E-3.44
Page E-3.45
Page E-3.46
Page E-3.47
Page E-3.48
Page E-3.49
Page E-3.50
Page E-3.51
Page E-3.52
Page E-3.53
Page E-3.54
Page E-3.55
Page E-3.56
Page E-3.57
Page E-3.58
Page E-3.59
Page E-3.60
Page E-3.61
Page E-3.62
Page E-3.63
Page E-3.64
Page E-3.65
Page E-3.66
Page E-3.67
Page E-3.68
Page E-3.69
Page E-3.70
Page E-3.71
Page E-3.72
Page E-3.73
Page E-3.74
Page E-3.75
Page E-3.76
Page E-3.77
Page E-3.78
Page E-3.79
Page E-3.80
Page E-3.81
Page E-3.82
Page E-3.83
Page E-3.84
Page E-3.85
Page E-3.86
Page E-3.87
Page E-3.88
Page E-3.89
Public Works

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

STAFF REPORT
City Council
Meeting Date: 4/18/2017
Staff Report Number: 17-082-CC
Consent Calendar: Authorize the City Manager to enter into an agreement with CB&I Environmental &
Infrastructure, Inc. (CB&I) for the Operation and
Maintenance of the Bedwell Bayfront Park Landfill
Leachate and Gas Collection and Control Systems
(gas system) for a period of five years in the amount
of $796,000 with an additional not to exceed
$250,000 for as-needed maintenance repairs
Recommendation
Staff recommends that the City Council authorize the City Manager to enter into an agreement with CB&I for the Operation and Maintenance of the Bedwell Bayfront Park leachate and gas collection systems for a period of five years in the amount of $159,200 annually (total of $796,000) with an additional not to exceed $50,000 annually (total of $250,000) for as-needed maintenance repairs. The contract amount will be included in the budget for fiscal year (FY) 2017-18.

Policy Issues
The contract is consistent with Goal LU (Land Use) of the General Plan Land Use Element which is intended to “promote the implementation and maintenance of sustainable development, facilities and services to meet the needs of Menlo Park's residents, businesses, workers, and visitors.” Background
The Bedwell Bayfront Park Landfill is a Class III non-hazardous solid waste management facility located at the east end of the City on San Francisco Bay at Bayfront Expressway and Marsh Road. The site is surrounded on three sides by the Don Edwards San Francisco Bay National Wildlife Refuge. Originally referred to as the Marsh Road Landfill, San Mateo County first established solid waste operations at the site in 1957. In 1968, the City of Menlo Park (City) took over the responsibility of the landfill until its closure in 1984. In 1982, the City began the development of Bedwell Bayfront Park on the 160 acre site, of which the landfill covers 155 acres.

To comply with Bay Area Air Quality Management District (BAAQMD) regulatory requirements and as part of the landfill closure plan, the City covered the refuse with clay. A landfill gas wellfield was installed in two phases, with the first phase built in 1984 and the second phase in 1987. Currently, the wellfield consists of 72 gas extraction wells and a network of gas collection pipes embedded just beneath the surface of the landfill cap. During that time, the City awarded a Gas Lease to Fortistar, a contract operator, to build, maintain and operate a gas to energy plant. Internal combustion engines were used to generate electricity from the landfill. The electricity was sold to Pacific Gas and Electric (PG&E). The gas to energy plant was decommissioned in 2013 when the contract with PG&E expired and due to equipment wear and a decrease in landfill gas production. The landfill gas is directed to a flare for combustion near the far end of the park. A Page E-3.90
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org new flare was built in 2013 and the landfill gas is combusted in compliance with the BAAQMD permit. The gas system has continued to be operated by Fortistar, with their contract set to expire at the end of this fiscal year.

The leachate system consists of twelve extraction sumps located along the perimeter of the landfill and a monitoring network. In 1986 and 1987, seven leachate sumps were first installed, followed by the installation of five additional extraction sumps in 1998-99. In 1991, automated submersible pumps were installed in the older sumps, which originally consisted of gravel filled trenches with horizontal perforated piping at the base. The sumps installed in 1998-99 consist of gravel filled trenches with perforated piping at the base that slope toward risers equipped with automated submersible pumps and level control. Once the leachate is captured, it is discharged to the sanitary system, operated by the West Bay Sanitary District (WBSD), for conveyance to the wastewater treatment plant for treatment, which is operated by Silicon Valley Clean Water (SVCW) (formerly the South Bayside System Authority).

The leachate system is operated and monitored per the requirements of the Regional Water Quality Control Board (RWQCB). The City has the responsibility to monitor, collect samples and dispose of the leachate generated from the landfill. The monitoring system consists of seven groundwater monitoring wells, two surface water monitoring locations, six leachate wells, five piezometers, the twelve leachate extraction sumps and one leachate monitoring location at a sanitary sewer manhole. The operation and maintenance of the system has been contracted to CB&I since 1991. Their contract is set to expire at the end of this fiscal year.

The Bedwell Bayfront Park Landfill typically generates about 127 million standard cubic feet of landfill gas a year. About 3.5 million gallons of leachate are extracted from the landfill and discharged to the sanitary sewer annually.

Regulatory Requirements
The Bedwell Bayfront Park Landfill is operated and maintained according to the requirements placed by the following permits:

Leachate
 Waste Discharge Requirements Order 97-073 (WDR): The water quality monitoring and reporting requirements for the Bedwell Bayfront Park landfill leachate system are stipulated in Waste Discharge Requirements Order 97-073 (WDR), issued by RWQCB in 1997 with no expiration date.  Mandatory Wastewater Discharge Permit No. WB 120930 (MWDP): Monitoring is required under the MWDP, a joint permit issued by the WBSD and SVCW for the conveyance of the leachate to the sanitary system operated by WBSD and for treatment at the wastewater treatment facility operated by SVCW in Redwood City. The current 5-year permit expires on September 29, 2017.

Gas
 BAAQMD: The monitoring and reporting requirements for the gas system at the landfill are contained in the annual permit issued by the Bay Area Air Quality Management District (BAAQMD) to regulate emission of landfill gas to the atmosphere (Permit to Operate Landfill with gas collection system, Multimaterial Bayfront Park Landfill with Gas Collection System Abated by A3 Flare; Plant No. 3499; Expiration date: July 1, 2017). The permit requires regular monitoring of the gas collection system and flare station as well as annual reporting. The permit requires compliance with BAAQMD Regulations 8- 34, 2-1, 2-5, 9-1, AB32 and others.

Page E-3.91
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Other Landfill Permits
 San Francisco Bay Conservation and Development Commission (BCDC): Originally issued on December 24, 1970, the BCDC Permit No. 18-70 allowed for the development of the landfill by filling unfilled areas of the Bay and by allowing for the conversion of the closed landfill to a park. This permit was amended on September 19, 2008, to allow wetland mitigation funds to be used for habitat restoration instead of land acquisition. There are no monitoring or reporting requirements associated with this permit.
 San Mateo County Environmental Health, Solid Waste Program: San Mateo County inspects the landfill on a quarterly basis.

Analysis
In February of this year, staff issued a request for proposals (RFP) for the necessary services to operate and maintain the leachate and gas systems at the Bedwell Bayfront Park Landfill in accordance with all regulatory requirements. The scope of work included in the RFP was as follows:

Task 1 – Routine Monitoring and Operating Services
The Contractor shall be responsible for operating and conducting routine monitoring of the leachate and gas systems. In addition to the monitoring requirements, the Contractor shall be responsible for adjustments to the leachate and gas systems in case of system failure and needed repair work. The Contractor shall have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

Task 2 – Sampling and Analysis
The Contractor shall be responsible for the development of sampling protocols and complying with the analytical requirements as stipulated in all of the permits for the landfill. Analysis of constituents shall be conducted by certified laboratories. At a minimum, the Contractor shall be responsible for complying with the following permits and requirements.

Task 3 – Monitoring and Analysis Reports and Project Management The Contractor shall be responsible for the preparation of all monthly, semiannual and annual reports as required by the City and the regulatory requirements outlined in the permits and for submitting these to the permit agencies on behalf of the City. All reports shall include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures and any recommendations. All reports shall be submitted to the City for review prior their submittal to the permitting agencies.

Task 4 - Maintenance and Repair Work
The Contractor shall provide all the necessary labor, equipment and materials to perform maintenance and repair work on the leachate and gas systems on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City staff.

Task 5 – Project Management
The Contractor shall provide project management support, as required, inclusive of the following:
 Coordination and meetings with City staff and permit agencies;  Site visits with City staff;
 Assistance with and review of permit expiration dates, application renewal processes, monitoring and maintenance regulations; and
Page E-3.92
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org  Development of recommendations and cost estimates for improving the performance of the landfill systems.

The City received five proposals on March 8, 2017. These included CB&I, Geosyntec Consultants, SCS Engineers, Blue Flame Crew and Tetra Tech Inc. Staff reviewed the proposals and is recommending that CB&I is awarded the contract for the following reasons:
 CB&I provided the lowest bid; and
 The team has extensive experience operating and managing landfills, including both leachate and gas systems.

IMPACT ON CITY RESOURCES
The total annual cost for the operation and maintenance of the Bedwell Bayfront Park Landfill Leachate and Gas Collection and Control Systems is $159,200 with an additional not to exceed $50,000 for as-needed maintenance repairs. The total five year contract amounts to $1,046,000. On an annual basis, this is an increase of $27,085 a year (difference between $159,200 and the current contract of $132,115). However, the new scope of work includes regulatory requirements, which were not included in the past contract and which have been done by staff. To ensure that the leachate and gas systems are operated according to the most up to date regulatory requirements, the reporting requirements have been included as part of the scope of work for this contract. Landfill funds will be used to pay for the contract, which currently has a balance of over $4M. The contract amount will be included in the budget for FY 2017-18 and would begin on July 1, 2017.

ENVIRONMENTAL REVIEW
Environmental review is not required for this item.

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. None
Report prepared by:

Azalea Mitch, Engineering Services Manager / City Engineer Reviewed by:

Justin Murphy, Public Works Director
Page E-3.93
MAY 19, 2022
ATTENTION: Mike Sartor
SUBJECT: Proposed Contract 2117 Extension
Mr. Sartor:

Aptim Environmental & Infrastructure, LLC. (APTIM) appreciates this opportunity to extend our services to the City of Menlo Park Department of Public Works (City) for operation, maintenance (O&M), and reporting of the Bedwell Bayfront Park Landfill (Landfill) leachate and gas collection and control systems, and groundwater monitoring and reporting services. We have the utmost confidence in our ability to continue to meet your goals and objectives based upon the experience of our local senior staff that has been conducting the scope of work for the past few years.

In addition, APTIM is prepared to provide O&M support to the pending GCCS reconstruction scheduled for the summer of 2022. Our project manager, Christopher M. Richgels, P.E., has known and worked with the Golder GCCS design team (Steve Nguyen and Andy Wang) for just a few decades now. APTIM will work closely with the Golder team and contractor to maintain flare operations while the system undergoes reconstruction.

APTIM is highly qualified to provide these services based on our over 30 years’ experience in environmental landfill consulting, O&M of landfill leachate collection and recovery systems (LCRS) and gas collection and control systems (GCCS), WDR compliance, and landfill regulations for the Landfill.

As Senior Director of Operations for APTIM, Mr. Devin Moose is authorized to sign contracts binding the firm on its behalf.

Our attached scope description further elaborates on our Team's experience and our approach to continuing this project through June 2023. We look forward to continuing our services to the City. If you have any questions, please contact me at (630) 762-3308 or Chris Richgels at (916) 218-8375.

APTIM proposes to continue these services under Contract 2117 dated 5 April 2017
Sincerely,
Aptim Environmental and Infrastructure
Devin A. Moose Christopher M. Richgels, P.E.

CSW OPERATIONS DIRECTOR PROJECT MANAGER
C (630) 762-3308 C (916) 218-8375
E [email protected] E [email protected] APTIM
4005 PORT

CHICAGO HWY

CONCORD, CA
94520
APTIM.com
ATTACHMENT C Page E-3.94
Your Project Team
APTIM has assigned the following people to this project through 2023:

Christopher Richgels, PE, will serve as your Project Manager for the project. Mr. Richgels started his professional career in 1989 with Emcon Associates in San Jose, California and has managed private consultant design projects from conception through construction. He has over 33 years’ experience in all aspects of solid waste facility management including GCCS development and expansion, groundwater remediation and monitoring.

Andrew Kowalski, Air Quality Permitting will serve as your Task Manager specializing in air quality permitting and compliance. Over the past year, Mr. Kowalski has assisted with preparation of the monthly and annual regulatory reports for the Landfill. In addition, Mr.

Kowalski has experience managing data and compliance for landfills throughout the U.S., and actively manages data for more than 10 landfills. Mr. Kowalski has also supported clients with notice of violation response and follow-up compliance, onsite facility combustion source inventory/inspection, preparing environmental plans and reports, continuous emission monitoring (CEMS) quarterly data reconciliation reports, and EPA Method 9 visible emissions observations.

Scott Furlong, Regulatory Liaison and Air Quality Specialist serves as a Project Manager/Environmental Lead in the Solid Waste group. He is currently involved in project management and regulatory support for landfill gas projects and landfill NSPS/NESHAP compliance in PA, CA, and LA. He will provide review and technical oversight of all GCCS reporting prepared for the project.

Cassandra Tremblay, PG, your Project Geologist will continue her responsibilities ensuring the groundwater monitoring and reporting work is conducted in accordance with the latest Waste Discharge Requirements and will lead the preparation of groundwater monitoring reports for the Landfill. She will prepare the October semi-annual ground water and monthly leachate monitoring reports.

Dan Easter, PG, CEG will continue his responsibilities providing review and technical oversight of the leachate and groundwater monitoring reports. He is a Professional Geologist and Certified Engineering Geologist (California) with over 33 years of experience in project management, remedial investigations and removal actions, land-use planning, engineering geology, hydrogeology, riparian and coastal processes, geologic hazard assessments, and groundwater investigations. He has been responsible for design, implementation, and management of numerous site characterization, environmental monitoring, and remediation programs
Scott Bittinger, PG, your non-routine services geologist will prepare additional information requests for special analyses requested by the City or by the Regional Board. He is a Professional Geologist (California) with over 22 years in groundwater well design and installation, and of soil/soil vapor and groundwater cleanup projects. He will also provide backup for field support for landfill projects, including drilling and development oversight of new monitoring wells or other evaluation and investigation programs.

Sheila Richgels – Laboratory Coordination and Analysis Lead. She will continue coordination of environmental field sampling at the landfill. She brings over 30 years of experience in coordination environmental monitoring programs for dozens of landfills in northern Page E-3.95
California. Her responsibilities include scheduling of all fieldwork, coordinating with the analytical laboratory, and reviewing all field paperwork for completeness and accuracy. Ms.

Richgels is in charge of APTIM’s field sampling staff for Northern and Central California.

Paul Weinhardt – Groundwater Monitoring Lead will continue to perform sampling/monitoring activities at the Landfill. Mr. Weinhardt has been providing superior field services for geologists and engineers for more than 25 years. His experience includes groundwater monitoring, operations and maintenance of groundwater and soil vapor extraction systems, soil sampling, lysimeter monitoring, leachate monitoring, and well development.

Pedro Ruiz - GCCS O&M, Monitoring and Leachate System Support Lead will provide groundwater monitoring support on this project. He is a Field Technician with 25 years of experience in the environmental field. His primary responsibilities include field operation and maintenance (O&M) of groundwater treatment systems. He is an experienced field technician with skills operating environmental sampling and monitoring instruments for air, soil, and water.

Michel Hills, Field Services Technician is a field technician with over 10 years of experience in the environmental field. His experience includes landfill GCCS O&M, environmental monitoring, sampling, O&M of groundwater treatment systems, installation of innovative remedial systems modifications of remedial systems, tank removals, and air, soil, groundwater, surface water sampling. Mr. Hills currently works closely with Mr. Richgels and Ruiz to perform field monitoring, sampling activities, routine O&M services, and on-call maintenance, repairs as needed at the Landfill.

Subcontractors
APTIM will continue our working relationship with :

Pace Analytical Laboratories, Inc. (Formerly BC Laboratories) Pace Analytical Laboratories, Inc. (Pace) will continue to provide groundwater, surface water, and leachate analytical services to APTIM as the most reasonably priced and best qualified provider of such services for this project based on their current working long term relationship with APTIM. The selection of an analytical laboratory is an important consideration. High quality analytical data is necessary for compliance with the WDRs.

Blue Flame Environmental, Inc.

Blue Flame Environmental, Inc. (Blue Flame) will continue to provide APTIM flare inspection, operations and maintenance services through 2023. Blue Flame utilizes United States Environmental Protection Agency (EPA), CARB and BAAQMD approved test methods, with the goal of reporting accurate and defensible data that surpasses the expectations and requirements of our clients and applicable regulatory agencies. Blue Flame offers testing services that are extremely competitive by keeping overhead low, while heavily investing in new equipment.

Telstar Instruments, Inc.

Telstar Instruments, Inc. (Telstar) will provide APTIM annual flow meter calibration verification services at the enclosed flare station this fall. Telstar has been providing this service for the last 9 years. Telstar Instruments is a state certified instrumentation and controls integrator specializing in PLC_SCADA systems, measurement instrumentation, and automated process Page E-3.96
controls. Telstar provides complete onsite maintenance and calibration services, for all brands of PLC's, VFD's, process control instrumentation, radio telemetry, and SCADA systems.

Field Solutions Inc.

Field Solutions Inc. (FSI) will provide APTIM with surface emissions monitoring (SEM) on the landfill this fall as required by PTO A3499 FSI has been providing this service since 2019.

Scope of Work
APTIM provides below a detailed description of the scope of services to be extended and construction support.

Continuing O&M Services
Continued O&M services must comply with all regulatory and updated permit requirements shown below:

Leachate, Groundwater. and Surface Water:
 Waste Discharge Requirements Order 97-073 (WDR)
 Mandatory Wastewater Discharge Permit No. 170930 (MWDP) GCCS:
 BAAQMD Permit to Operate No. A3499
Other Landfill Permits:
 San Francisco Bay Conservation and Development Commission (BCDC).  San Mateo County Environmental Health, Solid Waste Program Continuing Services Tasks
APTIM will provide extended services under six tasks as outlined below. Tasks 1 thru 4 and Task 6 will be billed as a lump sum monthly cost as is current practice. Task 5 will be billed separately on a time and expense basis under the contracted hourly and equipment rates.:
 Task 1 – Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services  Task 2 – Quarterly Groundwater Sampling and Analysis
 Task 3 – Groundwater Analysis Reports
 Task 4 – GCCS Reporting
 Task 5 – On-Call Maintenance and Repair Work
 Task 6 – Project Management
Page E-3.97
Task 1 Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services
During this extended contract period APTIM will be responsible for operating and conducting routine monitoring of the leachate system and GCCS as detailed below under Subtasks 1 a and 1 b.

Subtask 1a - Leachate
Under Subtask 1a, APTIM will perform the following tasks on a monthly basis:
 Monitor and record:
› Flow at all leachate flow meters,
› Pump run-times,
› Piezometer levels,
› Sump levels, and
› Other pertinent parameters and activities.
 Monitor and adjust the leachate system in accordance with the flow requirements set in Permit MWDP No. 170930 based on field measurements.
› Observe and record maintenance and repair needs.
› Perform routine maintenance on the leachate system to ensure that it is operating efficiently.
› Observe and record major (non-routine) repair needs.
› Perform other necessary tasks as required to ensure regulatory compliance; and › Provide all the monitoring and operating data for the monthly reports as described under Task 3.

Subtask 1b - GCCS
Under Subtask 1b, APTIM and Blue Flame will perform the following tasks:
 A minimum of monthly, monitor and adjust the GCCS components to ensure that the system is operated efficiently and in accordance with all permit requirements. This will meet permit and BAAQMD requirements.
 A minimum of monthly, adjust GCCS valves to ensure adequate gas flow, to reduce the migration of surface gases, and to minimize odors as needed. This will meet permit and BAAQMD requirements.
 A minimum of monthly, monitor gas wells, condensate traps, laterals headers, blowers, flare and other GCCS components. This will meet permit and BAAQMD requirements.  Typically, on a weekly basis, APTIM and Blue Flame will monitor and record the flare operating parameters (temperature and pressure), gas quality (% methane, carbon dioxide, oxygen, balance), gas flow and temperature: blower operating parameters (temperature, pressure, valve positions, run time hours), condensate system conditions and will confirm that the flare operating parameters are being recorded on the continuous data recorder (Yokogawa). This will meet permit and BAAQMD requirements.  Weekly conduct a general inspection of the flare station operations including:
› Alarm history.

Page E-3.98
› Current operating conditions.
› Condensate management system functioning properly.
› Air compressor system functioning properly.
› Data recorder functioning properly.
› Sump pumps functioning properly.
› Check well field vacuum.
› Verify the City's SCADA system is receiving data.
› Check flow and vacuum historical data since previous week to determine if any variations or shutdowns occurred; and
› Other general operational parameters.
 A minimum of monthly, download and review the data from the continuous data recorded (Yokogawa) to ensure flare data is being recorded properly and operations are within the requirements of the permit and BAAQMD Rules and Regulations.  Measure and record on a monthly basis the static pressures, temperature, and percent content (methane, carbon dioxide, oxygen, balance) of the landfill gas at each of the wellheads as well as the liquid levels in the wellheads.  Calibrate on a monthly basis the analytical equipment.  Record / document all GCCS activities.
 Inspect and maintain the flare in accordance with the manufacturer's requirements.  Perform routine maintenance on the GCCS to ensure that it is operating efficiently.  Observe and record major (non-routine) repair needs.
 Ensure that the analytical equipment used is calibrated and certified.  Any other necessary tasks as required / as needed to ensure regulatory compliance; and  Provide all the monitoring and operating data for the monthly reports as described under Task 4.

APTIM will perform all GCCS sampling and analysis requirements pursuant to the BAAQMD through 2022. Specifically, APTIM will conduct surface emissions monitoring in September measuring the methane gas concentrations in parts per million off the surface of the Landfill within numbered grids. Exceedances will be flagged in the field and marked on the grid map.

Then, prior to leaving the site, APTIM will notify the City of any exceedances such that the City may visit to investigate and schedule repairs. Since the site has historically not had emission issues, 10 and 30-day re-scans are not included in APTIM's cost proposal.

The flare gas flowmeter is calibrated on an annual basis. APTIM will provide this service in the fall per the historical schedule.

Flare source testing was recently conducted in January 2022. The source test is due every four (4) year in accordance with the BAAQMD Permit, thus will not be required again until January 2026. Flare source testing is not included in this scope of work.

In addition to the above monitoring activities, APTIM will perform adjustments to the leachate system and GCCS in case of system failure and needed repair work. APTIM will have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

Page E-3.99
Task 2 – Groundwater/Leachate Sampling and Analysis
APTIM will be responsible for the development of sampling protocols and complying with all sampling and analytical requirements required by the applicable Landfill permits. Analysis of constituents will be conducted by a certified laboratory (Pace Analytical Laboratories – formerly Pace).

APTIM will be responsible for complying with the water quality monitoring and reporting requirements required by WDR Order 97-073. These requirements include, but are not limited to:

WDR Order 97-073:
 Quarterly sampling and analysis of the leachate.
 Semi-annual sampling and analysis of the groundwater.  Semi-annual sampling and analysis of the surface water.  Semi-annual site inspections.
 Preparation and submittal of all monitoring reports to the applicable regulatory agencies on behalf of the City (as described under Task 3).

Further, APTIM will be responsible for complying with the leachate water quality monitoring and reporting requirements required by MWDP No. WB 120930. These requirements include, but are not limited to:

MWDP No. 170930:
 Quarterly sampling and analysis for specific constituents required by MWDP No. 170930; and
 Monthly flow measurements and reporting.

Task 3 – Groundwater/Leachate Monitoring Reports
Under Task 3 services, APTIM will prepare all monthly, semiannual, and annual monitoring reports as required by the City and in accordance with the regulatory requirements of the Landfill permits. APTIM will submit these reports to the applicable permit agencies on behalf of the City. All reports will include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures, and any recommendations. All reports will be submitted in draft form to the City for review and comment, and subsequently finalized with any City comments prior to their submittal to the permitting agencies.

APTIM will be responsible for the preparation and submittal of all monitoring and analysis reports complying with the water quality reporting requirements contained in WDR Order 97- 073 and MWDP No. WB 120930. Specifically, APTIM will provide the following:

WDR Order 97-073:
 Preparation and submittal of semi-annual reports due in April and October of each year The October 2022 and April 2023 reports will be prepared under this scope.

MWDP No. 170930:
 Preparation and submittal of monthly leachate reports.

Page E-3.100
Task 4 – GCCS Reporting
APTIM will continue preparation and submittal to the City of all monitoring and analysis reports complying with the GCCS reporting requirements of BAAQMD. Specifically, APTIM will be responsible for performing the following:
 Preparation and submittal of monthly reports that include a summary of the GCCS monitoring data and maintenance activities; and
 Maintaining accurate records and access to the records / monitoring data for a period of 5 years. Data storage should be duplicated by the City and conducted at the City offices.  Preparation of annual compliance reporting in early 2023 Task 5 - On-Call Maintenance and Repair Work
APTIM will provide all the necessary labor, equipment, and materials to perform maintenance and repair work on the leachate system and GCCS on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City Staff.

Office level non-routine work scope may include:
 Preparation of renewal application package for the leachate Mandatory Wastewater Discharge Permit with Silicon Valley Clean Water in September 2022. The last permissible automatic extension to permit 170930 occurred last year.  Develop recommendations and cost estimates for improving the performance of the landfill environmental control systems.

APTIM will provide an estimated cost of the on-call work and will seek authorization from the City prior to proceeding.

Task 6 - Project Management
Under Task 6, APTIM will provide project management of the above tasks as required, and will include the following:
 Coordinate and conduct meetings with City staff and permit agencies.  Conduct site visits with City staff.
 Assist with and review permit expiration dates, application renewal processes, monitoring, and maintenance regulations
GCCS Improvements
The City will be contracting for improvements to the GCCS wellfield and leachate control system this summer. APTIM will provide the services below on an on call, time-and-expense basis.

Task 7 – Wellfield Reconstruction Support
The City will be reconstructing the GCCS wellfield this summer. To maintain compliant GCCS operation will require extensive coordination between APTIM, the wellfield engineer (Golder Associates), the wellfield contractor, and the City (for flare shutdown notification).

APTIM will provide GCCS monitoring and new wellfield branch balancing as those installations are brought online by the contractor. APTIM’s project manager will participate in construction Page E-3.101
status meetings to coordinate and schedule new wellfield branch start up procedures with monitoring and extraction well balancing.

APTIM will maintain communications with the City’s SCADA management team to facilitate flare restart after shutdowns due to landfill gas flow impacts from site construction work. Typically, the flare has an auto-start system that will restart the flare in the event of a power failure.

However, the flare may require some onsite management for restarts during gas flow failures.

In the event of flare shutdowns due to construction, APTIM will prepare the necessary “breakdown” reports for submittal to the BAAQMD. APTIM will keep the BAAQMD advised as to reconstruction project status and wellfield replacement schedule.

Cost Estimate
APTIM’s cost estimate for services extending beyond the expiration date of June 30, 2022 is presented below. Costs are presented in three levels: routine, non-routine on-call service, and construction support. This work would be conducted under the current contract as extended by the City.

Please note the twelve-month budget includes:
 1 ea Surface emissions monitoring (September 2022).
 1 ea Annual flow meter calibration check (Fall 2022)
 2 ea Semi-annual groundwater sampling, laboratory analysis, and reporting event  2 ea Surface water sampling laboratory analysis and reporting event  4 ea Quarterly leachate sampling, laboratory analysis and reporting events  12 ea Monthly flare operations inspection and maintenance  GCCS Weekly, monthly, quarterly monitoring, annual maintenance, and reporting tasks.

Also note cost for some of the above events are distributed over a twelve-month extended term.

These distributed costs include preparation of the annual GCCS permit compliance and both semi-annual groundwater monitoring reports (October 2022, and April 2023).

APTIM's proposed routine service fee on a twelve-month basis from July 1, 2022 to June 30, 2023 is $200,100. On a monthly bill cycle as currently done, this equates to $16,675 billed monthly.

For the Task 5 non-routine services APTIM recommends budgeting $50,000 over the twelvemonth period from July 1, 2022 to June 30, 2023. APTIM assumes Task 7 construction support services will be required from July 1, 2022 to December 32, 2022. We recommend budgeting $25,000 over this six-month period. These tasks would be billed for labor and expenses per the contacted labor hourly rate and equipment rate schedule. Subcontractor and other direct cost would be billed per expense plus a 7.5% markup per the current contract terms.

Page E-3.102
Public Works

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

STAFF REPORT
City Council
Meeting Date: 6/28/2022
Staff Report Number: 22-118-CC
Consent Calendar: Adopt resolutions authorizing staff to submit applications to the Metropolitan Transportation
Commission for the One Bay Area Grant Program
Recommendation
Staff recommends that the City Council adopt two resolutions (Attachments A and B) authorizing staff to submit two applications to the Metropolitan Transportation Commission (MTC) for the One Bay Area Grant third round (OBAG-3) to request funding for the Middle Avenue Pedestrian and Bicycle Undercrossing project (Undercrossing Project) and the El Camino Real Pedestrian Crossing Improvement project (Crossing Project.)
Policy Issues
This Project is consistent with the 2016 General Plan goal and policies. These policies seek to maintain a safe, efficient, attractive, user-friendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park. Both the Undercrossing Project and the Crossing Project are included in the City’s capital improvement program and the Undercrossing Project is a City Council priority. The grant applications require a City Council resolution of support and commitment of matching funds.

Background
MTC is the Bay Area regional planning agency with authority over the distribution of select federal funding consistent with federal law. One Bay Area, the name of the regional transportation plan that is required under federal law, is in its third cycle. In each plan cycle, MTC, along with partner county congestion management authorities, has distributed federal transportation funding from the Federal Highway Administration to projects and programs that improve safety, spur economic development and help the Bay Area meet climate change and air quality improvement goals.

The OBAG-3 grant program is intended to invest funds in the transportation system at regional and local levels that are consistent with regional policies. In San Mateo County, the City/County Association of Governments (C/CAG) is the county congestion management agency, which will provide the first review of the OBAG-3 applications.

In past rounds of OBAG, the county congestion management authorities selected the local portion of the program. For OBAG-3, the county agencies will make recommendations, but MTC will have the sole authority to select projects. Federal law does not allow regional agencies like MTC to delegate authority over federal funding to other agencies. MTC has established target amounts for each of the nine counties, including $32.6 million for San Mateo County. Because the funding will be ultimately distributed by MTC, projects in San Mateo County could receive more or less than the target.

AGENDA ITEM E-4 Page E-4.1
Staff Report #: 22-118-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Criteria guiding selection of OBAG-3 projects include:
• Complement efforts to increase housing near established Priority Development Areas (PDA) • Invest in pedestrian and bicycle infrastructure or advance complete streets principles • Reduce single occupant vehicle travel and greenhouse gas emissions • Reduce fatalities and serious injuries
In Menlo Park, the only designated PDA is the El Camino Real and Downtown Specific Plan area, which limits which projects can compete for OBAG-3 funds. In late June, staff submitted an Active Transportation Program grant application for improvements to Willow Road from US highway 101 to Bayfront Expressway, which does not have the same PDA requirements.

Staff are planning to submit two grant applications in the OBAG-3 cycle:
• The Undercrossing Project would construct a new grade separated undercrossing of the Caltrain tracks near Middle Avenue. This project is an established City Council priority that has a $6.5 million funding gap. Recently, Congresswoman Anna Eshoo requested that this project be included as a member designated project in the fiscal year 2022-23 Federal budget. Given uncertainty about the Federal budget and rising construction costs, staff believes it is prudent to seek additional funding. • The Crossing Project would construct intersection improvements at the three remaining El Camino Real intersections that do not have a pedestrian crossing on one leg of the intersection – at Roble Avenue, Ravenswood Avenue and Encinal Avenue. Adding crosswalks at these intersections requires replacing traffic signal equipment and adding or adjusting curb ramps, requiring substantial funding.

The OBAG-3 grant application deadline is July 1. CCAG will review the grant applications and pass nominations on to MTC by September 2022. Grant funds must be obligated by January 31, 2027, though staff anticipates requesting funding for these projects sooner.

Impact on City Resources
For the Undercrossing Project, staff is seeking $5,000,000 in OBAG-3 funding (the maximum award.) The OBAG-3 grant requires a 20 percent match for projects that are not in a CCAG equity focus area. The City has already allocated substantial funding for the project and, in combination with other grant funds received, no additional City funding is requested at this time. Staff is currently working toward a construction on the Undercrossing Project in fiscal year 2024-25.

For the Crossing Project, staff is seeking $2,000,000 out of a total cost of $2,500,000 to complete the crosswalks at all three intersections. The City’s contribution meet the 20% requirement. Currently, this City’s capital improvement program includes approximately $307,000 to design and construct the three new crossings, including approximately $170,000 in funding for the design phase. The City’s match for the project is expected to be funded from different sources including the Transportation Impact Fee and the Transportation Project (Minor) project. If successful, staff anticipates that the Crossing Project could be implemented in fiscal year 2023-24.

If the City is not successful with this grant opportunity, staff would continue to identify potential grant sources for these projects.

Page E-4.2
Staff Report #: 22-118-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

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

Attachments
A. Resolution – Middle Avenue pedestrian and bicycle undercrossing B. Resolution – El Camino Real pedestrian crossings
C. Map of the project location
Report prepared by:

Hugh Louch, Assistant Public Works Director - Transportation Report reviewed by:

Nicole Nagaya, Public Works Director
Page E-4.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED

TO METROPOLITAN TRANSPORTATION COMMISSION AND COMMITTING

ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO

COMPLETE THE MIDDLE AVENUE PEDESTRIAN AND BICYCLE

UNDERCROSSING PROJECT
WHEREAS, the City of Menlo Park (APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $5,000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Middle Avenue Pedestrian and Bicycle Undercrossing project (PROJECT) for the STP funding (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
Page E-4.4 ATTACHMENT A
Resolution No. XXXX

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• The commitment of any required matching funds; and
• That the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• That the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• The assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• That the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • That the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• That APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council, that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and Page E-4.5
Resolution No. XXXX

BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
Page E-4.6
Resolution No. XXXX

BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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-eighth day of June, 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 June, 2022.

Judi A. Herren, City Clerk
Page E-4.7
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED

TO METROPOLITAN TRANSPORTATION COMMISSION AND COMMITTING

ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO

COMPLETE THE EL CAMINO REAL PEDESTRIAN CROSSING

IMPROVEMENT PROJECT
WHEREAS, the City of Menlo Park (APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $2,000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the El Camino Real Pedestrian Crossing Improvement project (PROJECT) for the STP funding (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
Page E-4.8 ATTACHMENT B
Resolution No. XXXX

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• The commitment of any required matching funds; and
• That the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• That the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• The assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• That the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • That the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• That APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council, that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and Page E-4.9
Resolution No. XXXX

BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
Page E-4.10
Resolution No. XXXX

BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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-eighth day of June, 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 June, 2022.

Judi A. Herren, City Clerk
Page E-4.11
ATTACHMENT C Page E-4.12
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: 6/28/2022
Staff Report Number: 22-119-CC
Consent Calendar: Adopt a resolution of intention to abandon public service easements within the properties at 141
Jefferson Drive, 180 Constitution Drive and 186
Constitution Drive (Menlo Uptown) associated with
the proposed redevelopment of the project site
Recommendation
Staff recommends that the City Council adopt a resolution of intention (Attachment A) to abandon public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive. The project consists of 483 dwelling units, comprising 441 rental units and 42 for-sale condominium townhome units, and approximately 2,940 square feet of commercial space.

Policy Issues
The City is legally required to go through a multistep process as specified by the State of California Streets and Highways Code, Section 8300, in order to abandon public service easements. The resolution of intention commences the multistep process for abandonment.

Background
In September 2021, the City Council certified the final environmental impact report, and approved the use permit, architectural control, below market rate housing agreement, community amenities operating covenant, and vesting tentative map for the Menlo Uptown project located on three contiguous parcels at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive. The project demolished existing single-story office and industrial buildings and is currently constructing 441 rental units within two sevenstory buildings and 42 for-sale condominium townhome units within six three-story buildings.

Analysis
Collectively, all easements proposed for abandonment are considered public service easements within the context of the Streets and Highways Code. Each of the easements are described in more detail as follows and as illustrated on Exhibit A to Attachment A:
• Along the southerly property line of the townhome development, there is a five-foot wide public utility easement proposed for abandonment. There is also a five-foot wide wire clearance easement (for overhead electrical wires) that is proposed for abandonment, which is immediately adjacent and parallel to the aforementioned public utility easement. Jointly, the two easements represent 10 feet of total width along the southerly property line of the townhome development. • Along the easterly property line of the multifamily building B there is a 15-foot wide public utility easement proposed for abandonment.
• Along the shared parcel boundary between the townhome development and multifamily building A, a AGENDA ITEM E-5 Page E-5.1
Staff Report #: 22-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org total of 10 feet of existing public storm drain easement will remain.

Currently, the existing easements proposed for abandonment contain overhead electric and communications facilities. The applicant has obtained “no objection” letters for the easement abandonment from all relevant public utility agencies. The existing overhead electric and communication lines will be placed underground in a new easement and re-routed accordingly on the subject properties. The applicant will be prohibited from placing any permanent structures within the proposed utility easement.

Abandonment procedure
According to City practice, the applicable abandonment procedure is a three-step process that first involves City Council adoption of a resolution of intention to abandon public service easements. The resolution forward the abandonment request to the Planning Commission for its consideration and recommendation at its July 25, 2022, meeting and sets the time and date for the City Council public hearing for August 23, 2022 at 6 p.m. The Planning Commission will review the abandonment to determine if it conforms with the City’s General Plan and will forward its recommendation to the City Council for approval of the abandonment at a public hearing. Staff will advertise notices of the public hearing in the newspaper and at the site in accordance with the requirements of the Streets and Highways Code. An affidavit of posting will then be filed with the city clerk. Should the utility agencies, affected parties, Planning Commission, and City Council consider the abandonment favorably, a resolution ordering the vacation and abandonment of the easements at 141 Jefferson Drive, 180 Constitution Drive, and 186 Constitution Drive will be recorded. The resolution ordering the vacation and abandonment will only be recorded following the recordation of the new easements required for relocation and undergrounding of existing utilities.

Impact on City Resources
There is no direct impact on City resources associated with the actions in this staff report. The fee for staff time to review and process the abandonment has been paid by the applicant.

Environmental Review
The proposed public service easement abandonment is Categorically Exempt under Class 5, minor alterations in land use, of the current State of California Environmental Quality Act Guidelines.

Environmental review of the project was subject to separate action, with the final environmental impact report certified by City Council September 14, 2021.

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 of intention
Report prepared by:

Eric Hinkley, Associate Engineer
Report reviewed by:

Page E-5.2
Staff Report #: 22-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Theresa Avedian, Senior Civil Engineer
Tanisha Werner, Assistant Public Works Director - Engineering Page E-5.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

DECLARING THE INTENTION OF SAID CITY TO ABANDON PUBLIC
SERVICE EASEMENTS WITHIN THE PROPERTIES AT 141 JEFFERSON DRIVE, 180 CONSTITUTION DRIVE AND 186 CONSTITUTION DRIVE WHEREAS, the City Council of the City of Menlo Park has considered the abandonment of public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive shown in Exhibit A, which is attached and made apart thereto; and WHEREAS, the Planning Commission is scheduled to review the proposed abandonment for consistency with the City’s General Plan at its meeting on July 25, 2022; and WHEREAS, the City Council will hold a Public Hearing on August 23, 2022 at approximately 6:00 p.m. as required by law to determine whether said public service easements shall be abandoned.

NOW, THEREFORE, BE IT RESOLVED, that a Resolution of Intention of the City Council of the City of Menlo Park does hereby propose the abandonment of public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive, and 186 Constitution Drive.

I, Judi A. Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing City Council resolution was duly and regularly passed and adopted at a meeting of said City Council on the fourteenth day of June, 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 June, 2022.

Judi A. Herren, City Clerk
Exhibits:

A. Abandonment of public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive
Page E-5.4 ATTACHMENT A

BKF ENGINEERS
200 4th STREET
SUITE 300
SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com
BKF ENGINEERSREUEL CHANPHONE: 408.467.9100
ADDRESS: 1730 N. FIRST STREET, SAN JOSE, CA, 95112

LOT EXISTING LOT AREA PROPOSED LOT AREA
*141 JEFFERSPN 2.75 AC 1.38 AC**180 CONSTITUTION 1.38 AC 1.38 AC**186 CONSTITUTION 0.69 AC 2.06 AC TOTAL 4.82 AC 4.82 AC
*NAMES OF PROPERTY OWNERS: CLPF GRP UPTOWN MENLO PARK, LLC**NAMES OF PROPERTY OWNERS: CLPF CRP TH MENLO PARK, LLC

EXHIBIT A
Page E-5.5
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: 6/28/2022
Staff Report Number: 22-122-CC
Consent Calendar: Adopt a resolution approving the fiscal year 2022-23 investment policy for the City and the former
Community Development Agency of Menlo Park
Recommendation
Receive the Finance and Audit Committee’s (FAC) recommendation and adopt a resolution approving the fiscal year 2022-23 investment policy for the City and the former Community Development Agency of Menlo Park.

Policy Issues
The investment policy provides guidelines for investing City and former Community Development Agency funds in accordance with State of California Government Code Section 53601 et seq.

Background
The investment of funds by a California local agency, including the types of securities in which an agency may invest, is governed by the California Government Code. The law requires that the legislative body of each agency adopt an investment policy, which may add further limitations than those established by the State. In addition, an agency’s investment policy must be reviewed annually, and any changes must be adopted at a public meeting. The City of Menlo Park has had such a policy in place since 1990. The investment policy was last reviewed and updated by the City Council August 17, 2021 by Resolution No. 6651.

Annual adoption of the City’s investment policy provides an opportunity to regularly review the policy to ensure its consistency with the overall objectives of safety, liquidity and yield, as well as its relevance to current law and economic trends. Early in each fiscal year, the City’s investment adviser (Insight Investment) reviews the policy to ensure it is kept up to date and in compliance with applicable State statutes. Insight also makes recommendations for strategic changes to the investment policy to position the City’s portfolio to maximize yield while maintaining safety and liquidity.

The annual review of the City’s investment policy provides the opportunity to make modifications to reflect changes in the investment environment. The types of modifications will vary but are often focused on providing greater diversification to maintain a safe and liquid investment portfolio. Further, the annual review is also a good time to clarify certain terms, remove ambiguity in the policy language, and better reflect changes in current market trading technologies.

Analysis
At their June 2, 2022, special meeting, the FAC reviewed the current investment policy and investments as AGENDA ITEM E-6 Page E-6.1
Staff Report #: 22-122-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org presented by the City’s investment adviser and staff. The FAC recommended adoption of the policy as presented in Attachment A. Since that time there have been minor changes to the current policy that are neither substantive nor material.

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

Attachments
A. Resolution
B. Fiscal year 2022-23 investment policy for the City and the former Community Development Agency of Menlo Park
Report prepared by:

Marvin Davis, Interim Finance Director
Page E-6.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

ADOPTING THE INVESTMENT POLICY FOR THE CITY AND FORMER

COMMUNITY DEVELOPMENT AGENCY TO BECOME EFFECTIVE

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

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Menlo Park that the City Council does hereby adopt and approve the Investment Policy, attached hereto as Exhibit A.

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

Judi A. Herren, City Clerk
Exhibits:

A. Investment Policy
Page E-6.3
CC 20200811

INVESTMENT POLICY
City Council Policy #CC-22-020
Adopted June 28, 2022
Resolution No. XXXX
Purpose
The City of Menlo Park (the “City”), incorporated in 1927, is located between San Francisco and Oakland on the North, and San Jose on the South. The city is governed by five members elected by district to City Council.

The City Council has adopted this Investment Policy (the “Policy”) in order to establish the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, eligible investments and transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the unexpended funds of the city. All such investments will be made in accordance with the Policy and with applicable sections of the California Government Code.

This Policy was endorsed and adopted by the City Council of the City of Menlo Park on the twenty-eighth of June 2022.

It replaces any previous investment policy or investment procedures of the city.

Scope
The provisions of this Policy shall apply to all financial assets of the city and the former Community Development Agency of Menlo Park as accounted for in the city’s comprehensive annual financial report, with the exception of bond proceeds, which shall be governed by the provisions of the related bond indentures or resolutions.

All cash shall be pooled for investment purposes. The investment income derived from the pooled investment account shall be allocated to the contributing funds based upon the proportion of the respective average balances relative to the total pooled balance in the investment portfolio. Investment income shall be distributed to the individual funds on a quarterly basis.

Objectives
The city’s funds shall be invested in accordance with all applicable municipal codes and resolutions, California statutes, and federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:

1. Preservation of capital and protection of investment principal through diversification to mitigate risk.

2. Maintenance of sufficient liquidity to meet anticipated cash flows.

3. Attainment of a market value rate of return.

Delegation of authority
The management responsibility for the city’s investment program is delegated annually by the City Council to the chief financial officer (the “CFO”) pursuant to California Government Code Section 53607. The City’s administrative services director or designee serves as the CFO. In the absence of the CFO, the finance and budget manager is authorized to conduct investment transactions. The CFO may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members.

The CFO shall maintain a list of persons authorized to transact securities business for the city. No person may engage in an investment transaction except as expressly provided under the terms of this Policy.

The CFO shall develop written administrative procedures and internal controls, consistent with this Policy, for the operation of the city's investment program. Such procedures shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the city.

The city may engage the support services of outside investment advisors in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection of the city's financial resources.

Page E-6.4 ATTACHMENT B

INVESTMENT POLICY
City Council Policy #CC-22-020 2
Adopted June 28, 2022
Resolution No. XXXX
Prudence
The standard of prudence to be used for managing the city's investments shall be California Government Code Section 53600.3, the prudent investor standard which states, “When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
The city's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The city recognizes that no investment is totally without risk and that the investment activities of the city are a matter of public record. Accordingly, the city recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio's return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the city.

The CFO and authorized investment personnel acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that the deviations from expectations are reported in a timely fashion to the City Council and appropriate action is taken to control adverse developments.

Ethic and conflicts of interest
Elected officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions. Employees and investment officials shall disclose to the city manager any business interests they have in financial institutions that conduct business with the city and they shall subordinate their personal investment transactions to those of the city. In addition, the city manager, the assistant city manager and the administrative services director shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.

Authorized securities and transactions
All investments and deposits of the city shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686, except that, pursuant to California Government Code Section 5903(e), proceeds of bonds and any moneys set aside or pledged to secure payment of the bonds may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds.

Any revisions or extensions of these code sections will be assumed to be part of this Policy immediately upon being enacted. However, in the event that amendments to these sections conflict with this Policy or past city investment practices, the city may delay adherence to the new requirements when it is deemed in the best interest of the city to do so. In such instances, after consultation with the city’s attorney, the CFO will present a recommended course of action to the City Council for approval.

The city has further restricted the eligible types of securities and transactions as follows:

1. United States treasury bills, notes, bonds, or strips with a final maturity not exceeding five years from the date of trade settlement.

2. Federal agency debentures, federal agency mortgage-backed securities, and mortgage-backed securities with a final maturity not exceeding five years from the date of trade settlement.

3. Federal instrumentality (government-sponsored enterprise) debentures, discount notes, callable securities, step- up securities, and mortgage-backed securities with a final maturity not exceeding five years from the date of trade settlement. Subordinated debt may not be purchased.

4. Medium-term notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium-term notes shall have a final maturity not exceeding five years from the date of trade settlement and shall be rated at least “A” or the equivalent by a nationally recognized statistical ratings organization (NRSRO), at the time of purchase.

5. Negotiable certificates of deposit with a maturity not exceeding five years from the date of trade settlement, in state or nationally chartered banks or savings banks that are insured by the FDIC, subject to the limitations of California Government Code Section 53638. Certificates of Deposits may be purchased only from financial institutions that meet the credit criteria set forth in the section of this Policy, “Selection of Banks and Savings Banks.” Depending on their maturity, Negotiable Certificates of Deposit shall have a short-term rating of at least A-1+ or Page E-6.5

INVESTMENT POLICY
City Council Policy #CC-22-020 3
Adopted June 28, 2022
Resolution No. XXXX
the equivalent by a NRSRO at the time of purchase.

6. Non-negotiable certificates of deposit and savings deposits with a maturity not exceeding five years from the date of trade settlement, in FDIC insured state or nationally chartered banks or savings banks that qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5. Deposits exceeding the FDIC insured amount shall be secured pursuant to California Government Code Section 53652.

7. Municipal and State obligations:

A. Municipal bonds with a final maturity not exceeding five years from the date of trade settlement. Such bonds include registered treasury notes or bonds of any of the 50 United States and bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the states. Such obligations must be rated at least “A”, or the equivalent, by a NRSRO at the time of purchase.

B. In addition, bonds, notes, warrants, or other evidences of indebtedness of any local agency in California, include bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Such obligations must be rated at least “A”, or the equivalent, by a NRSRO at the time of purchase.

8. Prime commercial paper with a maturity not exceeding 270 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either sub-paragraph A. or sub-paragraph B. below:

A. The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of $500 million, and (3) have debt other than commercial paper, if any, that is rated in at least the " A" category or the equivalent by an NRSRO.

B. The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program-wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond, and (3) have commercial paper that is rated at least “A-1” or the equivalent or higher by a NRSRO.

9. Eligible banker’s acceptances with a maturity not exceeding 180 days from the date of trade settlement, issued by a national bank with combined capital and surplus of at least $250 million, whose deposits are insured by the FDIC, and whose senior long-term debt is rated at least “A” or the equivalent by a NRSRO at the time of purchase.

10. Repurchase agreements with a final termination date not exceeding 30 days collateralized by the U.S. Treasury obligations, federal agency securities, or federal instrumentality securities listed in items #1 through #3 above, with the maturity of the collateral not exceeding five years. For the purpose of this section, the term collateral shall mean purchased securities under the terms of the city’s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% of the dollar value of the funds borrowed. Collateral shall be held in the city's custodian bank, as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily.

Repurchase agreements shall be entered into only with banks and with broker/dealers who are recognized as Primary Dealers with the Federal Reserve Bank of New York, or with firms that have a primary dealer within their holding company structure. Repurchase agreement counterparties shall execute a city approved Master Repurchase Agreement with the city. The CFO shall maintain a copy of the city's approved Master Repurchase Agreement along with a list of the banks and broker/dealers who have executed same.

11. State of California’s Local Agency Investment Fund (LAIF), pursuant to California Government Code Section 16429.1

12. Money market funds registered under the Investment Company Act of 1940 which (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant daily net asset value per share of $1.00; (3) invest only in the securities and obligations authorized in this Policy and (4) have a rating of at least “AAA” or the equivalent by at least two NRSROs.

Securities that have been downgraded to a level that is below the minimum ratings described herein may be sold or held at the city’s discretion.

It is the intent of the city that the foregoing list of authorized securities and transactions be strictly interpreted. Any deviation from this list must be preapproved by resolution of the City Council.

Page E-6.6

INVESTMENT POLICY
City Council Policy #CC-22-020 4
Adopted June 28, 2022
Resolution No. XXXX
Investment diversification
The city shall diversify its investments to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. Nevertheless, the asset allocation in the investment portfolio should be flexible depending upon the outlook for the economy, the securities markets, and the city’s anticipated cash flow needs.

Securities shall not exceed the following maximum limits as a percentage of the total portfolio:

Type of security Maximum percentage of the total portfolio U.S. Treasury obligations 100%
Federal agency securities 100%†
Federal instrumentality securities† 100% †
Repurchase agreements 100%
Local government investment pools 100%
Aggregate amount of Certificates of deposit, negotiable and non-negotiable
25%
Aggregate amount of prime commercial paper* 25%
Aggregate amount of money market funds * 20%
Aggregate amount of municipal bonds* 30%
Aggregate amount of eligible banker’s acceptances* 15%
Aggregate amount of medium-term notes* 30%
† No more than 20% of the city’s total portfolio shall be invested in mortgage-backed securities. *No more than 5% of the city’s total portfolio shall be invested in any one issuer/financial institution and/or its affiliates.

Portfolio maturities and liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities.

The city will not invest in securities maturing more than five years from the date of trade settlement unless the City Council has, by resolution, granted authority to make such an investment at least three months prior to the date of investment. The sole maturity distribution range shall be from zero to five years from the date of trade settlement.

Selection of broker/dealers
The CFO shall maintain a list of broker/dealers approved for investment purposes, and it shall be the policy of the city to purchase securities only from those authorized firms. To be eligible, a firm must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code.

The city may engage the services of investment advisory firms to assist in the management of the portfolio and investment advisors may utilize their own list of approved Broker/Dealers. The list of approved firms shall be provided to the city on an annual basis or upon request.

In the event that an external investment advisory firm is not used in the process of recommending a particular transaction, each authorized broker/dealer shall be required to submit and annually update a city approved Broker/Dealer Information Request form which includes the firm's most recent financial statements. The CFO shall maintain a list of the broker/dealers that have been approved by the city, along with each firm's most recent broker/dealer information request form. The city may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria outlined in Item 8 of the authorized securities and transactions section of this Policy.

Competitive transactions
Each investment transaction shall be competitively transacted with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded.

If the city is offered a security for which there is no other readily available competitive offering, the CFO will then document quotations for comparable or alternative securities.

Page E-6.7

INVESTMENT POLICY
City Council Policy #CC-22-020 5
Adopted June 28, 2022
Resolution No. XXXX
Selection of banks and savings banks
The CFO shall maintain a list of authorized banks and savings banks that are approved to provide banking services for the city. To be eligible to provide banking services, a financial institution shall qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5 and must be a member of the FDIC.

The city shall utilize S& P Global Financial ratings to perform credit analyses on banks seeking authorization. The analysis shall include a composite rating and individual ratings of liquidity, asset quality, profitability and capital adequacy. Annually, the CFO shall review the most recent credit rating analysis reports performed for each approved bank. Banks that in the judgment of the CFO no longer offer adequate safety to the city shall be removed from the city’s list of authorized banks. Banks failing to meet the criteria outlined above, or in the judgment of the CFO no longer offer adequate safety to the city, will be removed from the list. The CFO shall maintain a file of the most recent credit rating analysis reports performed for each approved bank. Credit analysis shall be performed on a semi-annual basis.

Safekeeping and custody
The CFO shall select one or more financial institutions to provide safekeeping and custodial services for the city, in accordance with the provisions of Section 53608 of the California Government Code. Custodian banks will be selected on the basis of their ability to provide services for the city's account and the competitive pricing of their safekeeping related services. The CFO shall maintain a file of the credit rating analysis reports performed semi- annually for each approved financial institution. A Safekeeping Agreement approved by the city shall be executed with each custodian bank prior to utilizing that bank's safekeeping services.

The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. All securities shall be perfected in the name of the city. Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.

All investment securities purchased by the city will be delivered by book entry and will be held in third-party safekeeping by a city approved custodian bank, or its Depository Trust Company (DTC) participant account.

Portfolio performance
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the city’s investments shall be compared to the average yield on the U.S. Treasury security that most closely corresponds to the portfolio’s actual weighted average effective maturity. When comparing the performance of the city’s portfolio, its rate of return will be computed net of all fees and expenses.

Portfolio review and reporting
Credit criteria and maximum percentages listed in this section refer to the credit of the issuing organization and/or maturity at the time the security is purchased. The city may, from time to time, be invested in a security whose rating is downgraded below the minimum ratings set forth in this Policy. In the event a rating drops below the minimum allowed rating category for that given investment type, the administrative services director shall notify the city manager and/or designee and recommend a plan of action. Appropriate documentation of such a review, along with the recommended action and final decision shall be retained for audit.

Quarterly, the CFO shall submit to the City Council a report of the investment earnings and performance results of the city’s investment portfolio. The report shall include the following information:

1. Investment type, issuer, date of maturity, par value and dollar amount invested in all securities, and investments and monies held by the city;

2. A description of the funds, investments and programs;

3. A market value as of the date of the report (or the most recent valuation as to assets not valued monthly) and the source of the valuation;

4. A statement of compliance with this Policy or an explanation for non-compliance; and

5. A statement of the ability to meet expenditure requirements for six months, as well as an explanation of why money will not be available if that is the case.

Policy review
This Policy shall be adopted by resolution of the City Council annually. It shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, yield and diversification and its relevance to current law and economic trends. Any amendments to the Policy shall be reviewed by the City’s Finance and Audit Committee prior to being forwarded to the City Council for approval.

Page E-6.8

INVESTMENT POLICY
City Council Policy #CC-22-020 6
Adopted June 28, 2022
Resolution No. XXXX
Procedure history
Action Date Notes
Procedure adoption January 14, 1997 Resolution No. 4784 Procedure adoption February 17, 1998 Resolution No. 4871 Procedure adoption February 2, 1999 Resolution No. 5064 Procedure adoption May 9, 2000 Adopted by minute order
Procedure adoption February 13, 2001 Resolution No. 5283 Procedure adoption February 5, 2002 Resolution No. 5362 Procedure adoption June 24, 2003 Resolution No. 5457
Procedure adoption June 20, 2004 Resolution No. 5545
Procedure adoption August 15, 2005 Resolution No. 5616
Procedure adoption July 25, 2006 Resolution No. 5960
Procedure adoption July 31, 2007 Resolution No. 5759
Procedure adoption September 23, 2008 Resolution No. 5825 Procedure adoption September 1, 2009 Resolution No. 5886 Procedure adoption August 31, 2010 Resolution No. 5957
Procedure adoption September 27, 2011 Resolution No. 6028 Procedure adoption September 18, 2012 Resolution No. 6103 Procedure adoption October 15, 2013 Resolution No. 6171 Procedure adoption August 19, 2014 Resolution No. 6221
Procedure adoption August 25, 2015 Resolution No. 6286
Procedure adoption September 13, 2016 Resolution No. 6343 Procedure adoption August 20, 2019 Adopted by minute order Procedure adoption August 11, 2020 Adopted by minute order Procedure adoption August 17, 2021 Resolution No. 6651
Procedure adoption June 28, 2022 Resolution No. XXXX
Page E-6.9
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: 6/28/2022
Staff Report Number: 22-120-CC
Public Hearing: Adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of
assessment and ordering the levy and collection of
assessments for Landscaping Assessment District
for fiscal year 2022-23
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) overruling protests, ordering the improvements, confirming the diagram/area of assessment, and ordering the levy and collection of assessments and increasing the tree assessment by three percent, which amounts to an increase of $2.57 per single family equivalent (SFE) per year and the sidewalk assessment by three percent, which amounts to an increase of $1.38 per SFE per year for the Landscaping Assessment District (District) for fiscal year 2022-23.

Policy Issues
The funds collected through the District are used for the maintenance of the City’s trees and sidewalks. If the City Council does not adopt the resolution required for the collection of the assessments, the lack of adequate funding would impact the high level of service required for the proper care and maintenance of the City’s trees and sidewalks.

Background
In 1983, the City of Menlo Park established a District for the proper care and maintenance of City street trees. In 1990, the City added an assessment for the repair and maintenance of sidewalks and parking strips in the public right-of-way that were damaged by City street trees. Funds generated by the District are also used for street sweeping services. Each year, the City must act to continue the collection of assessments. On May 24, 2022, the City Council adopted Resolution No. 6733 preliminarily approving the engineer’s report and Resolution No. 6739 stating its intention to order the levy and collection of assessments for the District for fiscal year 2022-23 (Attachment B.) Attachment B includes a typographical correction to the assessment amount increase on Table 5 of the staff report from May 24, 2022, where the increases were shown incorrectly by four to six cents.

Analysis
To cover the tree maintenance program’s budget for fiscal year 2022-23, the engineer’s report proposes an assessment of $88.72 per SFE per year. This reflects a three percent increase from last year’s assessment of $86.15 (an increase of $2.57.) The increase accounts for additional tree care required due to pests and disease, and higher tree-pruning and street sweeping costs.

AGENDA ITEM F-1 Page F-1.1
Staff Report #: 22-120-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org The engineer’s report also proposes a sidewalk assessment of $47.40 per SFE per year. This reflects a three percent increase from last year’s assessment of $46.02 (an increase of $1.38.) The increase addresses the annual sidewalk replacement needs and the current back log. The assessments are subject to an annual adjustment based on the engineering news record construction cost index for the San Francisco Bay Area. The three percent increase from last year’s assessment is less than the maximum assessment authorized rate of $124.73 per SFE for tree maintenance and $55.69 per SFE for sidewalk maintenance. Although staff does not recommended the implementing the maximum rate, if City Council chose to implement it, the increase would be legally permissible without additional ballot proceedings.

The action taken by the City Council May 24, 2022, initiated the period in which any property owners can protest the amount of their proposed assessments. No protests have been received as of the date of this staff report. Before taking any final action, the City Council must conduct the public hearing and give direction regarding any protests received. If a majority protest has not been filed, the City Council may adopt a resolution confirming the diagram/area of assessment and assessment, as appearing in the engineer’s report. If the City Council confirms and approves the assessments by adopting the resolution, the levies will be submitted to the county controller for inclusion on the property tax roll for fiscal year 2022-23.

Impact on City Resources
Funding for the District’s tree maintenance, street sweeping and sidewalk repair programs come from a variety of sources, including the carry-over of unspent funds from prior years, annual tax assessment revenues, Measure M and contributions from the general fund (described in the following paragraph.) If the City Council does not order the rate increase, levy and collection of assessments, the impact on City resources would be $1,117,059.38 (the total amount of the proposed tree and sidewalk assessments) or result in a corresponding decrease in service levels to maintain street trees, street sweeping and sidewalks.

Table 1: Landscape assessments
Proposed fiscal year 2022-23 budget
Projected beginning fund balance $364,341.56
Estimated revenues:

Landscape assessment revenue $1,117,059.38
General fund contribution $591,505.00
Measure M funds $140,000.00
Total $1,848,564.38
Estimated expenses:

Street tree maintenance $1,039,967.00
Debris removal (including street sweeping services) $285,669.00 Sidewalk, curb, gutter parking strip repair/replacement $550,000.00 Administration and County assessment fees $163,052.00
Total $2,038,688.00
Projected ending fund balance $174,217.94
Page F-1.2
Staff Report #: 22-120-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org It is reasonable to assume that a portion of the usage and enjoyment of the improvements is for the greater public, since the District results in preservation of the City’s tree canopy, provision of safe walking facilities, and debris removal by street sweeping. Therefore, the general fund must contribute a portion of the total cost of the program. An estimate of 25 percent contribution by the general fund was established by the City and assessment engineer when the assessment was created in 1998 and must occur annually. For fiscal year 2022-23, the minimum general fund contribution requirement is $509,672, which is 25 percent of the anticipated program expenses of $2,038,688. The City contributions from the general fund and general capital fund for fiscal year 2022-23 will meet this required amount. The entire program budget for fiscal year 2022-23 is included in Attachment B. In summary, the funding sources and amounts for fiscal year 2022-23 include $341,505 from the general fund for trees, $250,000 from the general capital fund for the sidewalk repair program, and $140,000 from Measure M funds. The program fund balance would be used to backfill the shortfall between assessment revenue and total costs.

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 a legal notice in The Examiner, a local newspaper, June 17 and June 24, 2022, and posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution
B. Staff report dated May 24, 2022
Report prepared by:

Esther Jung, Associate Transportation Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering Nicole H. Nagaya, Public Works Director
Page F-1.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

OVERRULING PROTESTS, ORDERING THE IMPROVEMENTS, CONFIRMING

THE DIAGRAM AND ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS AND INCREASING THE TREE ASSESSMENT AND THE

SIDEWALK ASSESSMENT BY THE ENGINEERING NEWS RECORD

CONSTRUCTION COST INDEX FOR THE CITY OF MENLO PARK
LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022-23 WHEREAS, on the eighth day of March, 2022, said City Council adopted Resolution No. 6714, describing improvements and directing preparation of the engineer’s report for the City of Menlo Park Landscaping District for fiscal year 2022-23, pursuant to provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972; and WHEREAS, on the twenty-fourth day of May, 2022, said City Council thereupon duly considered said report and each and every partthereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 6733 including (1) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; and
WHEREAS, said City Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said City Council pursuant to the requirements of said Act, appointed Tuesday, the twenty-eighth day of June, 2022, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, by virtual meeting available, at which time and place interested persons may participate and be heard on, and the same are hereby appointed and fixed as the time and place for a Public Hearing by this City Council on the question of the continuation and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the engineer’s estimate of the cost thereof, and when and where it will consider and finally act upon the engineer’s report; and
WHEREAS, on the twenty-eighth day of June, 2022, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, by virtual meeting available, the Public Hearing was duly and regularly held as noticed, and all persons interested and desiring to be heard were given an opportunity to speak and be heard, and all matters and things pertaining to the levy were fully heard and considered by this City Council, and all oral statements and all written protests or communications were duly considered; and
WHEREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or to the proposed assessment or diagram or to the engineer’s estimate of costs thereof, filed written protests with the City Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and Page F-1.4 ATTACHMENT A
thingspertaining to the continuation and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said City Council.

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

1. That a majority protest, pursuant to the Act, was not filed, and therefore the protests against said improvements, including the maintenance or servicing, both, thereof, or to the extent of the assessment district, or to the proposed continued assessment or diagram, or to the engineer’s estimate of costs thereof, for fiscal year 2022-23 be, and each of them are hereby overruled.

2. That the public interest, convenience, and necessity require and said City Council does hereby order the continuation and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said engineer’s report and made a part hereof by reference thereto.

3. That the City of Menlo Park Landscaping District and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situated in Menlo Park, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and the general location of said District.

4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district contained in said report, be, and they are hereby, finally adopted and approved.

5. That the engineer’s estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved.

6. That the public interest and convenience require, and said City Council does hereby order the improvements to be made as described in, and in accordance with, said engineer’s report, reference to which is hereby made for a more particular description of said improvements.

7. That the diagram showing the exterior boundaries of the assessment district referred to and described in Resolution No. 6739 therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor’s maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed.

8. That the continued assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said Page F-1.5
improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same is hereby, finally approved and confirmed.

9. Based on the oral and documentary evidence, including the engineer’s report, offered and received at the hearing, this City Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount, of the continued assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates infavor of, the aforesaid finding and determination as to special benefits.

10. That the authorized maximum assessment rates for the District include an annual adjustment by an amount equal to the annual change in the Engineering News Record Index, not to exceed 3.00 percent per year, plus any uncaptured excesses, and therefore, the assessments are not being increased above their authorized maximum amounts.

11. That said engineer’s report for fiscal year 2022-23 be, and the same is hereby, finally adopted and approved as a whole.

12. That the City Clerk shall forthwith file with the Auditor of San Mateo County the said continued assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof.

13. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the engineer’s report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the continued assessment as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, revised, or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this City Council.

14. That the San Mateo County Controller and the San Mateo County Tax Collector apply the City of Menlo Park Landscaping District assessments to the tax roll and have the San Mateo County Tax Collector collect said continued assessments in the manner and form as withall other such assessments collected by the San Mateo County Tax Collector. //
//
//
//
//
//
Page F-1.6
I, Judi A. Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing City Council resolution was duly and regularly passed and adopted at a meeting of said City Council on the twenty-eighth day of June, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-eighth day of June, 2022.
_____________________
Judi A. Herren, City Clerk
Page F-1.7

THIS PAGE INTENTIONALLY LEFT BLANK
Page F-1.8
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

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

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

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

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

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

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

The voters approved Measure N in 1982 as an advisory measure to the City Council regarding formation of the City Landscaping Assessment District. The Landscaping Assessment District was formalized in 1983 to provide proper street-tree maintenance. Programmatic changes have occurred over the past 39 years to address new regulations and maintain the existing tree canopy. Proper care of the tree canopy continues to AGENDA ITEM G-5
Page G-5.1 ATTACHMENT B Page F-1.9
Staff Report #: 22-098-CC

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

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

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

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

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

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

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

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

Approval of engineer’s report
SCI Consulting Group has completed the preliminary engineer’s report (Attachment C) for the Landscaping Assessment District, which includes the proposed fiscal year 2022-23 budget. The budget covers tree maintenance, the City’s street sweeping program, and the sidewalk repair program. The report describes in detail the method used for apportioning the total assessment among properties within the Landscaping Assessment District. This method involves identifying the benefit received by each property in relation to a Page Page G-5.2 F-1.10
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org single-family residence.

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

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

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

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

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

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

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

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

Page Page G-5.3 F-1.11
Staff Report #: 22-098-CC

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

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

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

Table 2: Annual tree assessment rates
Proposed fiscal year 2022-23 (3% increase)
Property type Properties with trees Properties without trees Single family $88.72 per parcel $44.36 per parcel
R-2 zone, in use as single family $88.72 per parcel $44.36 per parcel Condominium/townhouse $79.85 per unit
$399.24 max. per project
$39.92 per unit
$199.62 max per project
Other multifamily $70.98 per unit
$354.88 max per project
$35.49 per unit
$177.44 max. per project
Commercial $88.72 per 1/5 acre
$443.60 max. per project
$44.36 per 1/5 acre
$221.80 max. per project
Industrial $88.72 per 1/5 acre
$443.60 max. per project
$44.36 per 1/5 acre
$221.80 max. per project
Parks, educational $88.72 per parcel $44.36 per parcel
Sidewalk assessment
The sidewalk repair program includes sidewalk, curb, gutter and parking strip repair and replacement due to damage cause by street trees. In fiscal year 2022-23, the program has a proposed $550,000 budget. The program is comprised of two separate contracts, one for sidewalk saw cutting ($100,000) and the other for sidewalk replacement ($450,000.) Significant cost increases in this contract are not expected for fiscal year 2022-23. Under the saw cutting program, the City retains a contractor to address minor tripping hazards, which are fixed by performing horizontal saw cuts rather than removing the entire sidewalk section. Since Page Page G-5.4 F-1.12
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org the City adopted this approach, it has reduced the need for complete concrete removal, which has resulted in significant cost savings and environmental benefits by reducing waste and need for new raw materials for concrete over the years.

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

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

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

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

Sidewalk, curb, gutter parking strip repair/replacement $550,000.00 Total $550,000.00
Projected ending fund balance $99,018.55
Page Page G-5.5 F-1.13
Staff Report #: 22-098-CC

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

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

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

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

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

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it has no potential for resulting in any direct or indirect physical change in the environment.

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

Page Page G-5.6 F-1.14
Staff Report #: 22-098-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Resolution of preliminary approval of the engineer’s report B. Resolution of intention to order the levy and collection of assessments C. Engineer’s report dated May 2022
Report prepared by:

Esther Jung, Associate Transportation Engineer
Reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering Nicole H. Nagaya, Public Works Director
Page Page G-5.7 F-1.15
RESOLUTION NO. XXXX
RESOLUTION OF PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT

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

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

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

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

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

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

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

ATTACHMENT A Page Page G-5.8 F-1.16
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-fourth of May, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

A. Exterior boundaries of the District
Resolution No. XXXX

MENLO AVE

JUNIPERO
SERRA
BLVD

RAVENSWOOD AVE

GLENWOOD AVE

MARSH RD

SANTA CRUZ AVE
BAY RD

BAYFRONT

EXPRESSWAY

RINGWOOD AVE

OAK GROVE AVE

WILLOW RD

MIDDLEFIELD RD

ALAMEDA DE LAS PUL
GAS

MIDDLE AVE
EL CA

MINO REAL
HWY 280
ALPINE
RD

SAND HILL
RD

UNIVERSITY AVE
HWY 101

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

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

RESOLUTION NO. XXXX

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

MENLO PARK TO ORDER THE CONTINUATION AND COLLECTION OF

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

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

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

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

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

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

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

Assessment rates for the sidewalk repairs portion of the assessments are proposed to ATTACHMENT B Page G-5.11 Page F-1.19
increase during Fiscal Year 2022-23 by 3.00 percent. Including the authorized annual adjustment, the maximum authorized assessment rate for sidewalk maintenance for Fiscal Year 2022-23 is $55.69 per single family equivalent benefit unit, and the assessment rate per single family equivalent benefit unit for Fiscal Year 2022-23 is $47.40, which is less than the maximum authorized rate;

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

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

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

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 __ of May, 2022.
_____________________________
Judi A. Herren, City Clerk
Exhibits:

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

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

Resolution No. XXXX

FY 2022-23 ENGINEER’S REPORT
City of Menlo Park
Landscaping Assessment District
June 2022
ATTACHMENT C Page G-5.14 Page F-1.22

ATTACHMENT C
Page G-5.15 Page F-1.23
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page i
City of Menlo Park
Menlo Park City Council
Mayor Betsy Nash
Vice Mayor Jen Wolosin
Council Member Drew Combs
Council Member Ray Mueller
Council Member Cecilia Taylor
Interim City Manager
Justin Murphy
City Clerk
Judi Herren
City Attorney
Nira Doherty
Engineer of Work
SCI Consulting Group
Lead Assessment Engineer, John Bliss, M.Eng., P.E.

Page G-5.16 Page F-1.24
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page ii
Table of Contents
Introduction 1
Assessment Background 1
Legal Analysis 3
Plans & Specifications 6
Method of Assessment 7
Discussion of Benefit 7
Benefit Factors 8
General vs. Special Benefit 10
Method of Assessment 11
Assessment Apportionment - Street Trees 12
Assessment Apportionment - Sidewalk Program 14
Assessment Apportionment - Other Properties 14
Appeals and Interpretation 15
Assessment 17
Assessment Diagram 22
Appendix A – Assessment Roll, FY 2022-23 24
Page G-5.17 Page F-1.25
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23
Page iii
List of Figures
Figure 1 – Residential Assessment Factors....................................................................... 13 Figure 2 – Tree Maintenance Assessments ...................................................................... 16 Figure 3 – Sidewalk, Curb, Gutter, Parking Strip Assessments......................................... 16 Figure 4 – Summary Cost Estimate ................................................................................... 17 Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2022-23................................................. 20 Page G-5.18 Page F-1.26
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

The increased cost of the necessary work made the assessment amounts levied in Fiscal Year 1997-98 insufficient for adequately maintaining the City’s street trees, curbs, gutters and sidewalks. An increase in the assessments was required to provide funding for continued tree maintenance and sidewalk repairs. However, with the passage of Proposition 218 on November 6, 1996, assessments can only be raised after the City conducts an assessment ballot proceeding and the ballots submitted in opposition to the assessments do not exceed the ballots in favor of the assessments. (Each ballot is weighted by the amount of assessment for the property it represents.) Assessment Process
In 1998, the City conducted an assessment ballot proceeding for increased tree maintenance and sidewalk repair assessments pursuant to the requirements of Article XIIID of the California Constitution (Proposition 218) and the Landscaping and Lighting Act of 1972. The proposed tree maintenance assessments for fiscal year 1998-99 were $64.28 per single family equivalent unit and the proposed sidewalk repair assessments were $28.70 per single family equivalent. The proposed maximum assessments also included an annual assessment cost escalator tied to the annual change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area ("ENR Index"). These proposed assessments were supported by 73% of assessment ballots received from Page G-5.19 Page F-1.27
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

Based on accumulated excess reserves from prior years, the maximum authorized rates for fiscal year 2022-23 are $124.73 for trees and $55.69 for sidewalks without another ballot proceeding. (No additional ballot proceeding is required because the maximum authorized assessment rates, including the annual adjustments in these rates, were approved in the 1998 ballot proceeding. The actual rate levied in any given fiscal year can be revised up, with an annual maximum increase of 3%, or down, by any amount that does not cause the actual rates levied to exceed the maximum authorized assessment rates.)
The City reduced the assessment rate for tree maintenance in fiscal year 2000-01 and increased the assessment rate in fiscal years 2002-03, 2005-06 through 2009-10, 2014- 15, and 2016-17 through 2021-22. In other fiscal years it was not necessary to increase the rate, due to sufficient reserve funds carried forward from prior fiscal years, combined with general benefit contributions. For fiscal year 2022-23 the proposed assessments for tree maintenance are proposed to increase 3.00% from fiscal year 2021-22, and the assessments for sidewalk maintenance are proposed to increase 3.00%. The proposed rates are $88.72 per Single Family Equivalent (SFE) for tree maintenance and $47.40 per Page G-5.20 Page F-1.28
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

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

Page G-5.21 Page F-1.29
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

Page G-5.22 Page F-1.30
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

Page G-5.23 Page F-1.31
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

Page G-5.24 Page F-1.32
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to properties. This benefit is received by property over and above any general benefits and such benefit is not based on any one property owner’s use of the amenities or a property owner’s specific demographic status. With reference to the requirements for assessment, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Article XIIID, Section 4 of the California Constitution has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of landscaping and lighting improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types Page G-5.25 Page F-1.33
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

of special benefit received by property from maintenance and improvements such as those within by the District. These types of special benefit are summarized as follows:

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

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

C. Improved Views within the Assessment District.

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

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

F. Enhanced desirability of the property.

G. Reduced liability for landscape maintenance.

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

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

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

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

Page G-5.26 Page F-1.34
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

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

These types of special benefit are as follows:

Page G-5.27 Page F-1.35
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

General vs. Special Benefit
Article XIII D of the Constitution specifies that only special benefits are assessable, and that the City must separate the general benefits from the special benefits conferred on any parcel. The complete analysis of special benefits and their allocation are found Page G-5.28 Page F-1.36
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

elsewhere in this report. For the Landscaping Assessment District, the City has identified a general benefit and has separated it from the special assessments.

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

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

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

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

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

Page G-5.29 Page F-1.37
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

Page G-5.30 Page F-1.38
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

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

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

Properties without Street Trees
The special benefit factors conferred on property can be defined by the benefits conferred to properties with and without street trees. The types of benefits conferred to all property in the community include protection of views, screening, and resource values and enhanced desirability of the property. A higher level of special benefits is conferred directly on parcels with street trees because these parcels obtain additional benefits from well-maintained, healthy trees fronting the property. The types of special benefits that Page G-5.31 Page F-1.39
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

are increased for properties with street trees include enhanced levels of safety, desirability, unique proximity, access and views of resources and facilities from healthy trees on the property. Therefore, individual properties without street trees but in close proximity to parcels with street trees receive a direct benefit from the street trees and should pay 50% of the rate for a similar property with street trees. Such properties are assigned an SFE benefit factor that is 50% of that for a similar property with street trees.

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

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

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

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

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

Page G-5.32 Page F-1.40
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

Page G-5.33 Page F-1.41
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

Page G-5.34 Page F-1.42
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

Projected Fund Balance $ 174,217.94
Less:

City Contribution for General Benefits ($731,505.00)
Contribution from Carry-Over Fund Balances (364,341.56) $ NET AMOUNT TO ASSESSMENTS $ 1,117,059.38
Page G-5.35 Page F-1.43
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Landscaping Assessment District. The distinctive number of each parcel or lot of land in the said Landscaping Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

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

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

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

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

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

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

Page G-5.36 Page F-1.44
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

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

May 16, 2022
Engineer of Work
By
John W. Bliss, License No. C52091
Page G-5.37 Page F-1.45
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2022-23 A. Tree Maintenance
Salaries & Benefits $ 409,592.00
Operating Expense $ 44,200.00
Fixed Assets & Capital Outlay $ 251,500.00
Vehicle & Equipment Maintenance $ 16,000.00
Professional Services $ 318,675.00
(Tree Spraying, Tree Trimming, Misc.)
Subtotal - Tree Maintenance $ 1,039,967.00
B. Debris Removal
Salaries & Benefits $ 74,669.00
Street Sweeping Contract $ 211,000.00
Subtotal - Debris Removal $ 285,669.00
C. Sidewalk, Curb, Gutter, Parking Strip Repair/Replacement Construction Costs $ 550,000.00
Subtotal - S/W,C,G, & PS Repair/Replace $ 550,000.00
Subtotal Tree/Debris/Reforestation/Sidewalk $ 1,875,636.00 D. Incidentals
Indirect Costs & Administration $ 148,052.00
County Collection Fees $ 15,000.00
Subtotal - Incidentals $ 163,052.00
Total Cost $ 2,038,688.00
Fiscal Year 2022-23

CITY OF MENLO PARK LANDSCAPING ASSESSMENT DISTRICT

ENGINEER'S COST ESTIMATE
Page G-5.38 Page F-1.46
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Projected Fund Balance $ 174,217.94
Tree Maintenance Ending Fund Balance $ (288,317.99)
Less General Fund Contribution $ (341,505.00)
Measure M $ (140,000.00)
Sidewalk Fund Ending Balance $ (76,023.57)
Less General Fund CIP Contribution to Sidewalk Fund $ (250,000.00) Net to Assessment $ 1,117,059.38
Revenue
Single Family Equivalent Benefit Units - Trees 8,950.23 Single Family Equivalent Benefit Units - Sidewalks 6,814.24 2022-23 2021-22
Assessment Rate for Tree Fund/ SFE $88.72 $86.15
Assessment Rate for Sidewalk Fund/ SFE $47.40 $46.02
Revenue for Tree Fund $794,064.41
Revenue for Sidewalk Fund $322,994.98
Total Revenue * $1,117,059.38
assessments are rounded down to the even penny.
* Total revenue is slightly less than SFEs times the assessment rate because all combined Engineer's Cost Estimate, Fiscal Year 2022-32 (continued) Page G-5.39 Page F-1.47
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

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

Page G-5.40 Page F-1.48
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

Page G-5.41 Page F-1.49
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2022-23

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

Page G-5.42 Page F-1.50

LANDSCAPE ASSESSMENT DISTRICT
Public Hearing
F1-PRESENTATION
 Funds collected are used for maintenance of
– City street trees– sidewalks damaged due to City street trees – street sweeping  District established in 1983 and updated in 1990 Engineer’s Report proposes – 3% increase for Tree maintenance ($2.57 per Single Family Equivalent)– 3% increase for Sidewalk maintenance ($1.38 per Single Family Equivalent)  Annual action required by City to continue collection of assessments

LANDSCAPE ASSESSMENT DISTRICT
2 CDM8
Slide 2
CDM8 The CC can also modify the project - deny the appeal and modify the Planning Commission approval Chow, Deanna M, 8/26/2018

PROCESS
3 3 Steps DateCity Council initiated the LAD proceedings and adopted a resolution describing the improvements and directing preparation of the engineer’s report March 8, 2022
City Council adopted 1) a resolution giving preliminary approval of the engineer’s report and 2) a resolution of intent to order the levy and collection of assessments May 24, 2022
City Council holds a public hearing to considerresolution overruling protests and ordering the levy and collection of assessments June 28, 2022

THANK YOU
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 6/28/2022
Staff Report Number: 22-121-CC
Public Hearing: Certificate of sufficiency of the petition for the proposed initiative measure entitled "A CitizenSponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City
Council of the City of Menlo Park from ReDesignating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached
Homes”
Recommendation
Staff recommends that the City Council accept the certification of the sufficiency of the petition for the proposed initiative measure entitled "A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.” Policy Issues
Pursuant to California Elections Code section 9114, this report constitutes the City Election Official’s certification of the results of the examination of the petition for the proposed initiative measure entitled "A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes” (“Proposed Initiative.”) The results of the examination of the petition from the County of San Mateo Assessor-County Clerk-Recorder’s Office is attached hereto as Attachment A. The city clerk, acting as the City’s Elections Official, has determined that the proposed initiative qualifies for the ballot.

Background
On April 15, 2022, initiative proponents Timothy Yaeger and Nicole Chessari submitted a Notice of Intent to Circulate a Petition with the City’s Elections Official with a request that a ballot title and summary be prepared for the measure. In response, a Ballot Title and Summary was prepared by the city attorney pursuant to Elections Code section 9203 (Attachment B.) The Ballot Title and Summary was submitted it to the proponents April 30, 2022. The proponents published the Notice of Intent in The Examiner – Redwood City Tribune May 4, 2022, pursuant to Elections Code section 9205 and filed an Affidavit of Publication with the city clerk May 10, 2022, pursuant to Elections Code section 9206.

The Petition regarding the Proposed Initiative was filed with the city clerk May 24, 2022, bearing 2,976 unverified signatures. Per the Elections Code, the city clerk’s office, in conjunction with the County of San Mateo’s Office of the Assessor-County Clerk-Recorder & Elections (“County”), examined the signatures the proponents had collected to verify the sufficiency of the Petition.

AGENDA ITEM F-2 Page F-2.1
Staff Report #: 22-121-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org By letter dated June 15, 2022, the County notified the City that “of the 2,976 signatures submitted” in support of the Proposed Initiative, “2,369 were checked and 2,011 signatures were verified as valid.” The 2,011 verified signatures exceed the minimum of 1,984 signatures required to qualify the Proposed Initiative for the ballot (Attachment A.)
Analysis
Because the Petition has been signed by the requisite number of voters, the city clerk has determined that the Proposed Initiative qualifies for the ballot.

Because the Proposed Initiative qualifies for the ballot, Elections Code section 9215 requires the City Council to take one of the following three actions, which are described in greater detail in Agenda Item No.

F-3.

A. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or
B. Submit the ordinance, without alteration, to the voters pursuant to Elections Code section 1405; or C. Order a report pursuant to Elections Code section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the Council, the Council is required to either adopt the ordinance within 10 days or order an election pursuant to subdivision (b.) Impact on City Resources
There is no impact on City resources.

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

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

Attachments
A. Certificate of sufficiency of the petition for the Proposed Initiative B. City Attorney Ballot Title and Summary
Report prepared by:

Judi A. Herren, City Clerk
Report reviewed by:

Nira F. Doherty, City Attorney
Page F-2.2
ATTACHMENT A Page F-2.3
Petition Result Breakdown
Menlo Park Neighborhood Protection and General Plan Consistency Initiative 2022 Menlo Park Neighborhood Protection Plan

RESULT ABBR RESULT DESCRIPTION
Sigs Invalid
Sample Size
Sigs Checked
Sigs Valid
Sigs Not Checked 607

84.9 15.1
%
%
2,011
2,369
2,976
Raw Count 2,976
358 %
%
%
Percent of Sigs
Checked
Percent of
Sample Size

20.4 67.6

12.0 Non-duplicate Invalids
Duplicated 2
356 %
%
%

0.1 0.1 %

15.0 12.0
Signatures Required 1984
Approved Approved 2,011 84.9 %
1 - NotReg Not Registered 156 6.6 %
7 - RegDiffAdd Registered at a Different Address 21 0.9 % 3 - OutOfDist Out of District 97 4.1 %
2 - CantID Cannot Identify 13 0.5 %
15 - Cancelled Cancelled Status 2 0.1 %
11 - Duplicate Signed more than once 2 0.1 %
9 - NoSig No Signature 2 0.1 %
6 - Sig No Match Signatures Don't Match 20 0.8 %
14 - Reg Late Registered Late 2 0.1 %
13 - NoResAdd No Residence Address Given 5 0.2 %
12 - Wrong County Page Filed in Wrong County 1 0.0 %
EC 100 Address Printed by Other Than Voter 36 1.5 %
13 - Incomp Add Incomplete Address 1 0.0 %
STATISTICS SUMMARY Value % Raw % Req
Pages Processed
Total Checked
Uncorrected Valid
Duplicate Adjustment
Estimated Valid
108
2369
0 2011
2011
100.0 %

67.6 79.6

67.6 %
%
%
119.4
101.4
101.4
%
%
%
Min Required (95%):

Min Required to pass
Based on Sample (110%):
1884.8
2182.4
PCMR012 - Petition Result Breakdown
Printed: 6/23/2022 2:55:36PM
Page F-2.4

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Clerk's Office
April 29, 2022

SENT VIA E-MAIL AND NEXT DAY DELIVERY
Timothy Newton Yaeger
387 Hedge Road
Menlo Park, CA 94025
[email protected]
Nicole Chessari
1008 Greenwood Drive
Menlo Park, CA 94025
[email protected]
Empty
RE: Ballot Title and Summary
Empty
Dear Mr. Yaeger and Ms. Chessari,
Pursuant to Elections Code section 9203, attached please find the City Attorney’s ballot title and summary for the proposed measure that was submitted by you on April 15, 2022.

Please contact me if you have any questions.

Sincerely,
Judi A. Herren
City Clerk
City of Menlo Park
[email protected]
650-330-6621
ATTACHMENT B Page F-2.5

INITIATIVE MEASURE TO BE DIRECTLY SUBMITTED TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:

Title
A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.

Summary
Through the General Plan and Zoning Ordinance, the City Council of the City of Menlo Park has designated certain property in the City of Menlo Park for single family detached homes. Under the General Plan, many such properties have a “Very Low Density Residential” or “Low Density Residential” land use designation.

The Citizen-Sponsored Initiative proposes an amendment to the Land Use Element of the General Plan that would prohibit the City Council of the City of Menlo Park from (1) changing the General Plan designation of properties that were designated Very Low Density Residential or Low Density Residential as of April 15, 2022; and (2) re-zoning properties that were zoned Residential Estate (R-E), Residential Estate Suburban (R-E-S), Single Family Suburban Residential (R-1-S), Single Family Suburban Residential (Felton Gables) (R-1-S (FG)), Single Family Urban Residential (R-1-U), or Single-Family Urban Residential (Lorelei Manor) (R-1-U (LM)) as of April 15, 2022.

Under the Citizen-Sponsored Initiative, properties designated Very Low Density Residential or Low Density Residential, and properties zoned R-E, R-E-S, R-1-S, R-1-S (FG), R-1-U, or R-1-U (LM) as of April 15, 2022 could only be re-designated or re-zoned for other uses or denser residential uses by a majority vote of the people of the City of Menlo Park at a regular election.

The “Very Low Density Residential” designation provides for single family detached homes, secondary dwelling units, public and quasi-public uses, and similar and compatible uses at a maximum density of 2.9 units per acre. Properties with a “Very Low Density Residential” designation are zoned Residential Estate (R-E) or Residential Estate Suburban (R-E-S).

The “Low Density Residential” designation provides for single family detached homes, secondary dwelling units, public and quasi-public uses, and similar and compatible uses at a maximum density of 8.9 units per acre. Properties with a “Low Density Residential” designation are zoned Single Family Suburban Residential (R-1-S), Single Family Suburban Residential (Felton Gables) (R-1-S (FG)), Single Family Urban Residential (R-1-U), or Single Family Urban Residential (Lorelei Manor) (R-1-U (LM)).

Most of the property in the City of Menlo Park designated Very Low Density Residential or Low Density Residential is improved with single family homes. However, certain properties with Page F-2.6
these land use designations currently have other uses (such as public utilities, private schools, churches, child care centers, and a fire station) or are unimproved.

The Citizen-Sponsored Initiative only impacts properties designated Very Low Density Residential or Low Density Residential, and properties zoned R-E, R-E-S, R-1-S, R-1-S (FG), R1-U, and R-1-U (LM) as of April 15, 2022. It does not impact the City Council’s authority to redesignate or re-zone properties that had other designations and zoning on April 15, 2022.

Page F-2.7
City Attorney

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

STAFF REPORT
City Council
Meeting Date: 6/28/2022
Staff Report Number: 22-129-CC
Public Hearing: Determination of action, pursuant to Elections Code Section 9215, regarding the proposed initiative
measure entitled “A Citizen-Sponsored Initiative
Measure to Amend the Land Use Element of the
General Plan to Prohibit the City Council of the City
of Menlo Park from Re-Designating or Re-Zoning
Certain Properties Designated and Zoned for Single
Family Detached Homes”
Recommendation
Staff recommends the City Council take one of the following actions as required by California Elections Code section 9215:

A. Adopt an ordinance of the City Council of the City of Menlo Park adopting the citizen sponsored initiative measure to amend the Land Use Element of the General Plan to prohibit the City Council of the City of Menlo Park from re-designating or re-zoning certain properties designated and zoned for single family detached homes (Attachment A); or
B. Adopt a resolution of the City Council of the City of Menlo Park adopting the citizen sponsored initiative measure to amend the Land Use Element of the General Plan to prohibit the City Council of the City of Menlo Park from re-designating or re-zoning certain properties designated and zoned for single family detached homes; establishing the schedule for submission of ballot arguments; and authorizing and requesting the County of San Mateo conduct the election (Attachment B); or C. Order a report pursuant to Elections Code section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the City Council, the City Council is required to either adopt the ordinance within 10 days or order an election pursuant to subdivision (b.) Background
Through the General Plan and Zoning Ordinance, the City Council of the City of Menlo Park has designated certain property in the City of Menlo Park for single family detached homes. Under the General Plan, many such properties have a “Very Low Density Residential” or “Low Density Residential” land use designation.

The Citizen-Sponsored Initiative proposes an amendment to the Land Use Element of the General Plan that would prohibit the City Council of the City of Menlo Park from (1) changing the General Plan designation of properties that were designated Very Low Density Residential or Low Density Residential as of April 15, 2022; and (2) re-zoning properties that were zoned Residential Estate (R-E), Residential Estate Suburban (R-E-S), Single Family Suburban Residential (R-1-S), Single Family Suburban Residential (Felton Gables) (R-1-S (FG), Single Family Urban Residential (R-1-U), or Single-Family Urban Residential (Lorelei Manor) (R-1-U (LM) as of April 15, 2022.

Under the Citizen-Sponsored Initiative, properties designated Very Low Density Residential or Low Density Residential, and properties zoned R-E, R-E-S, R-1-S, R-1-S (FG), R-1-U or R-1-U (LM) as of April 15, 2022, AGENDA ITEM F-3 Page F-3.1
Staff Report #: 22-129-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org could only be re-designated or re-zoned for other uses or denser residential uses by a majority vote of the people of the City of Menlo Park at a regular election.

The “Very Low Density Residential” designation provides for single family detached homes, secondary dwelling units, public and quasi-public uses, and similar and compatible uses at a maximum density of 2.9 units per acre. Properties with a “Very Low Density Residential” designation are zoned Residential Estate (R-E) or Residential Estate Suburban (R-E-S.)
The “Low Density Residential” designation provides for single family detached homes, secondary dwelling units, public and quasi-public uses, and similar and compatible uses at a maximum density of 8.9 units per acre. Properties with a “Low Density Residential” designation are zoned Single Family Suburban Residential (R-1-S), Single Family Suburban Residential (Felton Gables) (R-1-S (FG), Single Family Urban Residential (R-1-U), or Single Family Urban Residential (Lorelei Manor) (R-1-U (LM.) Most of the property in the City of Menlo Park designated Very Low Density Residential or Low Density Residential is improved with single family homes. However, certain properties with these land use designations currently have other uses (such as public utilities, private schools, churches, child care centers and a fire station) or are unimproved.

The Citizen-Sponsored Initiative only impacts properties designated Very Low Density Residential or Low Density Residential, and properties zoned R-E, R-E-S, R-1-S, R-1-S (FG), R-1-U and R-1-U (LM) as of April 15, 2022. It does not impact the City Council’s authority to re-designate or re-zone properties that had other designations and zoning April 15, 2022.

Analysis
On April 15, 2022, the petition for the Proposed Initiative was filed with the city clerk of the City of Menlo Park (Elections Code § 9208) within the required time following the publication date. The city clerk determined that the proponents submitted 2,011 valid signatures, which exceeded the minimum number of 1,984 signatures required.

The city clerk initiated the review of the petition, according to required Election Code provisions, including format, content, circulation dates and circulator’s declaration.

Signature verification is performed by the County of San Mateo, Office of the Assessor-County ClerkRecorder and Elections (County.) Having completed the comprehensive review of signatures, by letter dated July 15, 2022, the County signed a certification on sufficiency and notified the proponents of the certification.

Based on the validation of the petition format and content (Elections Code § 9239) along with the signature verification (Elections Code §§ 9215, 9240), the city clerk certified the petition as sufficient to qualify as an initiative petition for the ballot.

Following certification of the signatures, Elections Code sections 9211, 9114, and 9115 require that the petition be brought to the City Council at the City Council’s next regular meeting.

Elections Code Section 9215 requires that the City Council choose from one of the following courses of action:

A. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or
Page F-3.2
Staff Report #: 22-129-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org B. Submit the ordinance, without alteration, to the voters pursuant to Elections Code section 1405; or C. Order a report pursuant to Elections Code section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the City Council, the City Council is required to either adopt the ordinance within 10 days or order an election pursuant to subdivision (b.) Each of these actions is discussed in greater detail below:

Adopt the ordinance
If the City Council proceeds with adopting the proposed ordinance without alteration (Attachment A), it would be considered adopted June 28, 2022, and would be effective 30 days from this meeting date. Per Elections Code section 9217, “No ordinance that is either proposed by initiative petition and adopted by the vote of the legislative body of the city without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance.” If the City Council elects this option, 30 days following adoption of the ordinance, the General Plan would be amended in the manner set forth in the Proposed Initiative.

Submit ordinance to the voters
If the City Council submits the ordinance to the voters, the City is required to place the measure on the City’s next regular election which would be November 8, 2022 (Elections Code §§ 9215, 1405(a.) (Attachment B.) The Elections Code also authorizes the City Council to schedule a special election to submit an initiative measure to the voters in some circumstances. However, the City Council does not have that option in this case because there are no eligible special election dates between now and the November 8, 2022 general election.

The City of Menlo Park, together with many other jurisdictions in the County of San Mateo, requests election services from the County of San Mateo to consolidate election costs. In so doing, the City realizes significant savings in personnel time and costs associated with running a municipal election. However, to have the County assist with the City’s municipal election, the Elections Code requires that the City Council request such assistance via resolution.

The resolution attached as Attachment B orders the Proposed Initiative submitted to the voters at the November 8, 2022 general election, and requests that the County assist with and conduct the election. The resolution also establishes the following ballot language to be submitted to the voters:

Shall the measure, which prohibits the City Council of the City of Menlo Park from re-zoning or re-designating
certain properties that were zoned and designated for
single family detached homes as of April 15, 2022, be
adopted?
YES
NO
If the City Council elects this option, the ballot language, above, along with the complete text of the Proposed Initiative would be placed on the November 8, 2022 ballot. This measure will require the approval of a majority vote of the City of Menlo Park voters voting on the measure to become effective. If it is approved the measure would become effective ten (10) days following the date the vote is declared by the City Council in accordance with Elections Code section 9217.

Page F-3.3
Staff Report #: 22-129-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Order a report
The City Council also has the option to order a report pursuant to Elections Code section 9212 that provides:

A. During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Section 9215 (i.e., the two options above), the legislative body may refer the proposed initiative measure to a city agency or agencies for a report on any or all of the following:

1. Its fiscal impact.

2. Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and

4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs.

4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses.

5. Its impact on the community’s ability to attract and retain business and employment.

6. Its impact on the uses of vacant parcels of land.

7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.

8. Any other matters the legislative body requests to be in the report.

B. The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition.

If the City Council orders the report pursuant to Elections Code section 9212, the report would need to be presented to the City Council no later than July 28, 2022. Within 10 days of the report being presented to the City Council, the City Council is required to either adopt the ordinance (Attachment A) or order an election (Attachment B.)

The Elections Code section 9212 report could be prepared by City staff or City consultants. In 2014, the City Council authorized $150,000 for the report on the Specific Plan ballot measure. Currently, there is no allocation in the proposed FY 2022-23 budget for such consultant services. Should the City Council wish to provide direction to the city manager regarding engagement of such consultant services, the City Council could recommend an amendment to the FY 2022-23 budget which the City Council will be considering and voting on at the June 28, 2022, City Council meeting. Due to the statutory deadline to return with the report within 30 days, staff does not anticipate returning to City Council with a request for authorization to engage a consultant and anticipates that the retention of a consultant would be within the city manager’s spending authority. Staff anticipates that even if a consultant is utilized to assist in the drafting of the report, staff, the city manager’s office, and the city attorney’s office will assist in the drafting and/or review of the report.

Impact on City Resources
According to the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder for election services, the estimated cost of consolidated election services for one ballot measure is approximately between $36,000 and $43,200. The estimated cost of consolidated election services for the three City Council seats and one ballot measure is approximately between $72,300 and $86,800. Funds are included in the proposed fiscal year 2022-23 budget.

Page F-3.4
Staff Report #: 22-129-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
The proposed actions are not projects under California Environmental Quality Act (CEQA) Guidelines Section 15378 (b)(3.) A project under CEQA does not include “[t]he submittal of proposals to a vote of the people of the state or a particular community that does not involve a public agency sponsored initiative.” (Stein v. City of Santa Monica (1980) 110 Cal. App.3d 458; Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal. 4th 165.)
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. An ordinance of the City Council of the City of Menlo Park Adopting the Citizen Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from re-designating or re-zoning certain properties designated and zoned for single family detached homes
B. A resolution of the City Council of the City of Menlo Park Adopting the citizen sponsored initiative measure to amend the Land Use Element of the General Plan to prohibit the City Council of the City of Menlo Park from re-designating or re-zoning certain properties designated and zoned for Single family detached homes; establishing the schedule for submission of ballot arguments; and authorizing and requesting the County of San Mateo conduct the election Report prepared by:

Nira F. Doherty, City Attorney
Report reviewed by:

Judi A. Herren, City Clerk
Page F-3.5
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

ADOPTING THE CITIZEN-SPONSORED INITIATIVE MEASURE TO AMEND

THE LAND USE ELEMENT OF THE GENERAL PLAN TO PROHIBIT THE CITY COUNCIL OF THE CITY OF MENLO PARK FROM RE-DESIGNATING OR REZONING CERTAIN PROPERTIES DESIGNATED AND ZONED FOR SINGLE

FAMILY DETACHED HOMES
WHEREAS, on April 15, 2022, a Notice of Intent to Circulate a Petition was filed with the City’s Elections Official with a request that a title and summary be prepared for the measure; and WHEREAS, the City Attorney provided a title and summary for the proposed Initiative to the proponents; and
WHEREAS, the Petition regarding the Initiative was filed with the Election’s Official on May 24, 2022, bearing 2,976 unverified signatures; and
WHEREAS, to qualify for the ballot, proponents were required to obtain 1,984 valid signatures on the Petition; that number representing ten percent (10%) of the registered voters of the City; and
WHEREAS, the County Elections Division has examined the records of voter registration and has certified that the Petition contains more than the requisite number of valid signatures to qualify for election; and
WHEREAS, the City Elections Official (City Clerk) certified the sufficiency of the signatures on June 28, 2022; and
WHEREAS, having obtained sufficient signatures, Elections Code section 9215 provides that the City Council is required to either (1) adopt the ordinance, without alteration, at the meeting at which the certification of the petition is presented (June 28, 2022), or within 10 days after it is presented, (2) submit the ordinance, without alteration, to the voters, pursuant to Elections Code section 1405, or (3) order a report pursuant to Elections Code section 9212; and WHEREAS, the City Council of the City of Menlo Park desires to adopt the Initiative entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.” NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park does hereby adopt the Initiative entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from ReDesignating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes,” which is attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council of the City of Menlo Park does hereby direct that the City of Menlo Park General Plan be amended as set forth in the text of the Initiative attached hereto as Exhibit A.

Page F-3.6
I, Judi A. Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Ordinance of the City Council of the City of Menlo Park was duly and regularly passed and adopted at a meeting by said City Council on the twenty-eighth day of June, 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 __ 2022.

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

A. Text of the measure
Page F-3.7

INITIATIVE MEASURE TO BE DIRECTLY SUBMITTED TO THE VOTERS The people of the City ofMenlo Park do ordain as follows:

SECTION 1. Title.

A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from ReDesignating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.

SECTION 2. Findings and Purpose.

A. Findings. The people of the City of Menlo Park ("City") find and declare the following:

1. Menlo Park is a vibrant city that is prized for its livable residential neighborhoods, active commercial districts, and hub of investment and scientific innovation.

2. The City's General Plan notes that the "existing pattern of land use in Menlo Park ... is highly valued by the community." Accordingly, the General Plan designates certain areas of the City for Very Low Density and Low Density Residential and this is an important part of the City's existing pattern of land use.

3. The Land Use Element of the City's General Plan is organized around nine (9) "Guiding Principles." These Guiding Principles were established by the Menlo Park community to "describe the kind of place that community members want Menlo Park to be." Those principles include "protecting the character of residential neighborhoods." Guiding Principle 7-"Complete Neighborhoods and Commercial Corridors"-provides that "Menlo Park neighborhoods are complete communities, featuring well integrated and designed development along vibrant commercial corridors with a live-work-play mix of community-focused businesses that conveniently serve adjacent neighborhoods while respecting their residential character."

4. The People of Menlo Park further express their strong desire that the City,pursue opportunities to develop badly-needed housing, including affordable housing, that is consistent with the residential character of these neighborhoods (in compliance with any applicable, controlling state law requirements and mandates, which may allow for multiple units of low-density housing on lots with "single family" zoning), rather than converting residential properties in these neighborhoods to different uses such as industrial, commercial, office, mixed use, or high-density residential, which would create traffic and otherwise strain the infrastructure of existing neighborhoods that were designated as low density, residential-only uses.

5. Accordingly, the people of the City of Menlo Park desire to amend the General Plan to enact new policies to ensure that, as the City continues to grow and attract new industry, businesses, and residents, new development remains consistent the General Plan's stated goal of protecting the existing pattern of land use in the City and the character of its existing residential neighborhoods.

6. This Initiative will only impact those properties that are designated in the City's General Plan as Very Low Density Residential or Low Density Residential, and/ or zoned with a corresponding zoning designation, as of April 15, 2022. It will not impact properties that are not designated, as of April 15, 2022, Very Low Density Residential or Low Density Residential and/or zoned with a corresponding zoning designation. The relevant very low and low density residential land use designations are provided in Section 3, below, and the relevant very low and low density residential zoning designations are attached hereto for informational purposes as Exhibit B. In order to illustrate the location of properties in the City currently assigned these very low and low density residential zoning designations, a map showing the City's zoning, as depicted on 1 EXHIBIT A Page F-3.8
Page F-3.9
Page F-3.10
Page F-3.11
Page F-3.12
Page F-3.13
Page F-3.14
Page F-3.15
Page F-3.16
Page F-3.17
Page F-3.18
Page F-3.19
Page F-3.20
Page F-3.21
Page F-3.22
Page F-3.23
Page F-3.24
Page F-3.25
Page F-3.26
Page F-3.27
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY

OF MENLO PARK A CITIZEN-SPONSORED INITIATIVE MEASURE TO

AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO PROHIBIT THE CITY COUNCIL OF THE CITY OF MENLO PARK FROM REDESIGNATING OR RE-ZONING CERTAIN PROPERTIES DESIGNATED AND

ZONED FOR SINGLE FAMILY DETACHED HOMES, AT THE CONSOLIDATED GENERAL ELECTION ON TUESDAY NOVEMBER 8, 2022; ESTABLISHING THE SCHEDULE FOR SUBMISSION OF BALLOT ARGUMENTS; AND

AUTHORIZING AND REQUESTING THE COUNTY OF SAN MATEO CONDUCT

THE ELECTION
WHEREAS, on April 15, 2022, a Notice of Intent to Circulate a Petition was filed with the City’s Elections Official with a request that a title and summary be prepared for the measure; and WHEREAS, the City Attorney provided a title and summary for the proposed Initiative to the proponents; and
WHEREAS, the Petition regarding the Initiative was filed with the Election’s Official on May 24, 2022 bearing 2,976 unverified signatures; and
WHEREAS, to qualify for the ballot, proponents were required to obtain 1,984 valid signatures on the Petition; that number representing ten percent (10%) of the registered voters of the City; and
WHEREAS, the County Elections Division has examined the records of voter registration and has certified that the Petition contains more than the requisite number of valid signatures to qualify for election; and
WHEREAS, the City Elections Official (City Clerk) certified the sufficiency of the signatures on June 28, 2022; and
WHEREAS, Elections Code section 9215 provides that the City Council is required to either request a report on the proposed ordinance, submit the proposed ordinance to the voters at an election, or adopt the proposed ordinance without alteration; and WHEREAS, the City Council of the City of Menlo Park desires to submit the Initiative to the voters at the general election to be held on November 8, 2022; and WHEREAS, the City Council desires to consolidate the general municipal election for the Initiative described herein with the Statewide General Election to be held on November 8, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED:

Section 1. Call for Election. That pursuant to the requirements of the California Elections Page F-3.28
Code, Sections 306, 9215, and 9222, there is called and ordered to be held in the City of Menlo park, a regular municipal election for the purpose of submitting to the voters of the City of Menlo park a citizen initiative entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from ReDesignating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.” As required by Elections Code section 13247, the abbreviated form of the initiative to appear on the ballot is specified below in Section 2 of this Resolution. The voter initiative shall be entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or ReZoning Certain Properties Designated and Zoned for Single Family Detached Homes.” The City’s designated elections official is hereby authorized and directed to make any changes to the proposition, text of the ballot label below or this resolution as required to conform to any requirements of law.

Section 2. Ballot Language. The following question shall be submitted to the voters on the ballot:

Shall the measure, which prohibits the City Council of the City of Menlo Park from re-zoning or re-designating certain
properties that were zoned and designated for single family detached homes as of April 15, 2022, be adopted?
YES
NO
This question requires the approval of a majority vote of the City of Menlo Park voters voting on the measure at the election to become effective. If the Initiative is so approved by the City of Menlo Park voters, then the Ordinance attached hereto as Exhibit A shall become effective ten (10) days following the date the vote is declared by the City Council in accordance with Elections Code section 9217.

Section 3. Text of Measure. The complete text of the Measure to be submitted to the voters for approval is attached to this resolution as Exhibit A. The text of the measure shall be printed in the ballot materials and be available for public inspection in the City Clerk’s office and on the City’s website at www.menlopark.org.

Section 4. Publication of Measure. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of Menlo Park, in accordance with of the California Elections Code section 12111 and California Government Code section 6061.

Section 5. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to Elections Code commencing with Section 10400, the City Council hereby requests, consents, and agrees that the County of San Mateo shall take all actions which are necessary or appropriate in connection with the election, including, but not limited to, printing and mailing sample ballots, arguments and applications for absentee ballots, canvassing election returns and certifying the results of the election to the City Council. Pursuant to Elections Code Section 10002, the Board of Supervisors of San Mateo County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election. The City hereby agrees to reimburse San Mateo County in full for any services performed by each for the City upon presentation of an invoice to the City.

Page F-3.29
(b) The election on the Initiative shall be held and conducted, the voters canvassed and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California. As required by Elections Code section 10403, the City of Menlo Park acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.
(c) The election on the Initiative shall be held in the City of Menlo Park in the County of San Mateo on November 8, 2022, as required by law, and the Board of Supervisors of San Mateo County is authorized to canvass the returns of the election with respect to the votes cast in the City of Menlo Park and certify the results to the City Council of the City of Menlo Park. (d) At the next regular meeting of the City Council of the City Menlo Park occurring after the returns of the election for the Initiative have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election.

Section 6. Submission of Ballot Arguments. The City Council hereby adopts provisions for the filing of ballot arguments and rebuttal arguments for the Initiative set forth in California Elections Code sections 9282 et seq. All arguments for and against the measure shall be filed with the City Clerk pursuant to the timelines set forth in the County of San Mateo’s Election Calendar for the November 8, 2022 General Election which is attached hereto as Exhibit B. All arguments for and against the measure shall be signed, with printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Section 7. Impartial Analysis. In accordance with California Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the Initiative to the City Attorney, who shall prepare an impartial analysis showing the effect of the measure on the existing law and the operation of the measure. The City Attorney’s impartial analysis may not exceed 500 words.

Section 8. Services of City Clerk. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot, including giving further or additional notice of the election as required by law, and to cause the ordinance or measure to be printed.

A copy of the ordinance or measure shall be made available to any voter upon request. As required by Elections Code section 12111, the City Clerk shall cause a synopsis of the measure to be published in a newspaper of general circulation at least one time not later than one week before the November 8, 2022 election. The notice shall be headed “Measure to Be Voted On” and be in the form described in Elections Code section 12111.

Section 9. Canvass Returns of the Election. The San Mateo County Elections Department is hereby authorized to canvass the returns of the election, including this ballot measure.

Section 10. Filing of Copy of Resolution. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Election Department of the County of San Mateo
Section 11. Election Held Pursuant to Law. In all particulars not recited in this resolution, the Page F-3.30
election shall be held and conducted as provided by law for holding municipal elections.

Section 12. Effective Date. This Resolution shall take effect upon its adoption.

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

Judi A. Herren, City Clerk
Exhibits:

A. Text of the measure
B. County elections calendar
Page F-3.31

INITIATIVE MEASURE TO BE DIRECTLY SUBMITTED TO THE VOTERS The people of the City ofMenlo Park do ordain as follows:

SECTION 1. Title.

A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from ReDesignating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes.

SECTION 2. Findings and Purpose.

A. Findings. The people of the City of Menlo Park ("City") find and declare the following:

1. Menlo Park is a vibrant city that is prized for its livable residential neighborhoods, active commercial districts, and hub of investment and scientific innovation.

2. The City's General Plan notes that the "existing pattern of land use in Menlo Park ... is highly valued by the community." Accordingly, the General Plan designates certain areas of the City for Very Low Density and Low Density Residential and this is an important part of the City's existing pattern of land use.

3. The Land Use Element of the City's General Plan is organized around nine (9) "Guiding Principles." These Guiding Principles were established by the Menlo Park community to "describe the kind of place that community members want Menlo Park to be." Those principles include "protecting the character of residential neighborhoods." Guiding Principle 7-"Complete Neighborhoods and Commercial Corridors"-provides that "Menlo Park neighborhoods are complete communities, featuring well integrated and designed development along vibrant commercial corridors with a live-work-play mix of community-focused businesses that conveniently serve adjacent neighborhoods while respecting their residential character."

4. The People of Menlo Park further express their strong desire that the City,pursue opportunities to develop badly-needed housing, including affordable housing, that is consistent with the residential character of these neighborhoods (in compliance with any applicable, controlling state law requirements and mandates, which may allow for multiple units of low-density housing on lots with "single family" zoning), rather than converting residential properties in these neighborhoods to different uses such as industrial, commercial, office, mixed use, or high-density residential, which would create traffic and otherwise strain the infrastructure of existing neighborhoods that were designated as low density, residential-only uses.

5. Accordingly, the people of the City of Menlo Park desire to amend the General Plan to enact new policies to ensure that, as the City continues to grow and attract new industry, businesses, and residents, new development remains consistent the General Plan's stated goal of protecting the existing pattern of land use in the City and the character of its existing residential neighborhoods.

6. This Initiative will only impact those properties that are designated in the City's General Plan as Very Low Density Residential or Low Density Residential, and/ or zoned with a corresponding zoning designation, as of April 15, 2022. It will not impact properties that are not designated, as of April 15, 2022, Very Low Density Residential or Low Density Residential and/or zoned with a corresponding zoning designation. The relevant very low and low density residential land use designations are provided in Section 3, below, and the relevant very low and low density residential zoning designations are attached hereto for informational purposes as Exhibit B. In order to illustrate the location of properties in the City currently assigned these very low and low density residential zoning designations, a map showing the City's zoning, as depicted on 1 EXHIBIT A Page F-3.32
Page F-3.33
Page F-3.34
Page F-3.35
Page F-3.36
Page F-3.37
Page F-3.38
Page F-3.39
Page F-3.40
Page F-3.41
Page F-3.42
Page F-3.43
Page F-3.44
Page F-3.45
Page F-3.46
Page F-3.47
Page F-3.48
Page F-3.49
Page F-3.50
Page F-3.51
Days Prior to
Election Date
Election Calendar for November 8, 2022
Statewide General Election
Action Taken
148 Monday, June 13, 2022 By this date, the Governor shall issue a proclamation calling the election and shall state the time of the election and offices to be filled.

EC §12000
131 Thursday, June 30, 2022 Last day for a statewide initiative measure, constitutional amendment, bond measure or other legislative measure to qualify for the Statewide General Election ballot on November 8, 2022.

EC §9040; Cal. Const. Art. II §8(c)
130 Friday, July 1, 2022 (School or Special District Vacancy) Last day for the governing body of a local jurisdiction to call an election on November 8, 2022 to fill a vacancy to be on the ballot.

GC §1780(e)(2); ED §5091(b)
127 Monday, July 4, 2022
113 Monday, July 18, 2022
125 Wednesday, July 6, 2022 Last day for special districts governed by the Uniform District Election Law to notify County Elections Official of offices to be filled, specifying which offices, if any, are for the balance of an unexpired term, decisions regarding payment of candidate statements, and a map showing the boundaries of the district and the boundaries of the divisions of the district, if any, within that county and a statement indicating in which divisions a director is to be elected and whether any elective officer is to be elected at large.

EC §§10509, 10522
124 Thursday, July 7, 2022 First Candidate Seminar will be held at 10 a.m. on this day. 123 Friday, July 8, 2022 Last day for a school governing board to deliver a resolution (the “specifications of the election order”) to the County Superintendent of Schools and the County Elections Official calling for an election of governing board members.

ED §5322
120 Monday, July 11, 2022 Last day for the County Superintendent of Schools to deliver a copy of the formal notice of election of governing board members to the County Elections Official.

ED §5325(b)
120 Monday, July 11, 2022
90 Wednesday, August 10, 2022
NOTE: The information below is as accurate as possible, but not every requirement or exception is listed. In the event of a conflict, the date set by statute takes precedence over dates listed below. The Registration & Elections Division reserves the right to update this calendar as necessary.

Between these dates, a city shall publish its Notice of Election, stating the offices to be filled and time of election. The City Elections Official shall consolidate the Notice of Election and the Notice of Measure into one notice if any city measure was placed on the ballot prior to the Notice of Election’s publication.

EC §§12101, 12111
Between these dates, the County Elections Official shall publish the Notice of Election (date of election, identification of offices to be filled, statement of required qualifications, where Nomination Documents are available, deadline for filing required forms, statement regarding appointment and the hours of opening and closing the polls). The notice of central counting place may be combined with this notice. The Elections Official shall also issue a press release indicating offices to be filled and a telephone contact number for related information.

EC §§10242, 12109, 12112; GC §6061; ED §5363

OFFICE OF MARK CHURCH

CHIEF ELECTIONS OFFICER &

ASSESSOR-COUNTY CLERK-RECORDER

REGISTRATION & ELECTIONS DIVISION

COUNTY OF SAN MATEO
EXHIBIT B Page F-3.52
114 Sunday, July 17, 2022 (City Vacancy) For a vacancy in a city elective office, this is the last day for the city council to call for a special election for November 8, 2022 to fill the vacancy. The city shall immediately publish the Notice of Election. (NOTE: Because the deadline E-114 falls on a Sunday, the safest option is for the city to take this action by E-116, Friday, July 15, 2022)
EC §§12101(b); GC §36512
113 Monday, July 18, 2022
88 Friday, August 12, 2022
103 Thursday, July 28, 2022 Second Candidate Seminar will be held at 10 a.m. on this day.

Fixed Date Monday, August 1, 2022 Except as provided in GC §84200 paragraphs (1), (2) and (3), elected officials, candidates, committees, and slate mailer organizations shall file semiannual statements no later than this date for the period ending June 30, 2022. (Statutory deadline of July 31 falls on a Sunday, therefore the filing deadline is extended to the next business day.)
GC §§82013, 84200, 84218
98 Tuesday, August 2, 2022 During this period, a contribution, including a loan, that totals in the aggregate $1,000 or more per source made to or received by a candidate or committee must be reported within 24 hours.

GC §§82036, 84203
90 Wednesday, August 10, 2022
0 Tuesday, November 8, 2022
88 Friday, August 12, 2022 Last day for a school governing board to deliver a resolution (the "specifications of the election order") to the County Elections Official calling for an election on a measure.

ED §5322
88 Friday, August 12, 2022 Last day for a local entity to deliver a resolution requesting election services and consolidation from the County Board of Supervisors for the November 8, 2022 Election. A copy of the resolution of the governing board requesting the consolidation shall be submitted to the County Elections Official. A copy of the exact form of the question, proposition, or office to appear on the ballot must also be submitted.

EC §§1405, 10002, 10403(a)-(b)
88 Friday, August 12, 2022 Last day for candidates to submit Nomination Documents (Declaration of Candidacy and Nomination Papers) and Candidate Statement (optional). City candidates shall file paperwork with their City Clerk's office and should check the business hours of their City Clerk's office; all other candidates shall file with the County Elections Official by 5 p.m. on this date.

EC §§10220, 10224, 10407(a), 10510, 10603, 13107, 13307, 13307.5; GC §85601(c)
88 Friday, August 12, 2022
78 Monday, August 22, 2022
During this period, a contribution, including a loan, that totals in the aggregate $1,000 or more per source made to or received by a candidate or committee must be reported within 24 hours.

GC §§82036, 84203
Between these dates is the Candidate Filing Period. Nomination Documents (Declaration of Candidacy and Nomination Papers) are available during this time.

Paperwork must be filed by the close of business on August 12, 2022. City candidates shall file paperwork with their City Clerk’s office and should check the business hours of their City Clerk’s office; all other candidates shall file with the County Elections Official by 5 p.m. on August 12, 2022. Local, United States House of Representatives, State Senate and Assembly candidates may publish a Candidate Statement in the County Sample Ballot & Official Voter Information Pamphlet. State Senate and Assembly candidates may do so only if they have agreed to accept the voluntary expenditure limits on their Candidate Intention Statement (Form 501). The candidate statement may be withdrawn but not changed during this period and until 5 p.m. of the next working day (Monday, August 15, 2022) after the close of the nomination period.

EC §§10220, 10224, 10407(a), 10510, 10603, 13107, 13307, 13307.5; GC §85601(c)
The 10-calendar-day public examination period begins August 12, 2022 at 5 p.m. and ends August 22, 2022 at 5 p.m. for all documents filed as of the filing deadline of August 12, 2022. Between these dates, the Elections Official or any voter of the jurisdiction in which the election is being held, may seek a writ of mandate or injunction requiring any or all of the materials to be amended or deleted if found to be false, misleading or inconsistent with the Elections Code.

EC §§9190, 9295, 9380, 9509, 13313
Page F-3.53
87 Saturday, August 13, 2022
83 Wednesday, August 17, 2022
85 Monday, August 15, 2022 Except as provided in EC §13309, this date is the last day (until 5 p.m.) for a candidate to withdraw the candidate’s statement. Candidates may withdraw, but not change their statements.

EC §13307(a)(3)
83 Wednesday, August 17, 2022 Extended Candidate Filing Period closes at 5 p.m. on this date. Extended filing periods occur when an eligible incumbent does not file for re-election; the extension only applies to non-incumbent candidates for such an office. City candidates shall file paperwork with their City Clerk’s office and should check the business hours of their City Clerk’s office; all other candidates shall file with the County Elections Official by 5 p.m. on this date.

EC §§10225, 10407(b), 10516, 10604
83 Wednesday, August 17, 2022 Last day for an order of election calling for a ballot measure to be amended or withdrawn. A resolution of the legislative body that issued the order of election must be filed with the Elections Official by this date in order to amend or withdraw a ballot measure.

EC §9605
83 Wednesday, August 17, 2022 For the office of superior court judge where only the incumbent filed paperwork during the Primary Election, this date is the last day to file a petition indicating that a write-in campaign will be conducted for the office at the general election, signed by at least 0.1 percent of the registered voters qualified to vote with respect to the office, provided that the petition shall contain at least 100 signatures but need not contain more than 600 signatures. If such a petition is filed by this date, the name of the incumbent shall be placed on the general election ballot if it has not appeared on the direct primary election ballot.

EC §8203
83 Wednesday, August 17, 2022 Last day for any qualified political party to submit to the County Elections Official a list of all candidates for voter-nominated offices who will appear on any ballot in the County, and who have been endorsed by the party. The County Elections Official shall print any such list that is timely received in the County Sample Ballot & Official Voter Information Pamphlet.

EC §13302(b)
83 Wednesday, August 17, 2022
73 Saturday, August 27, 2022
82 Thursday, August 18, 2022 Randomized Alphabet Drawings are conducted by both the Secretary of State and County Elections Official on this date at 11 a.m. to determine the order in which candidate names will appear on the ballot and the letters that will be assigned to each ballot measure.

EC §§13111-13, 13116
82 Thursday, August 18, 2022 Last day for candidates for offices with extended filing deadline of August 17, 2022 to withdraw their candidate statement. The statement may be withdrawn, but not changed, until 5 p.m.

EC §§13307(a)(3)
81 Friday, August 19, 2022 The County Elections Official will publish a notice regarding County, School District and Special District measures, the dates for submitting Primary Arguments and Rebuttals, the 10-day public examination periods, the hours of opening and closing the polls, and the central ballot counting location.

EC §§9163, 9502, 10242, 12109; GC §6061
Between these dates is the Extended Candidate Filing Period. If an eligible incumbent does not file Nomination Documents (Declaration of Candidacy and Nomination Papers) by August 12, 2022 at 5 p.m., the filing period is extended for that office for five calendar days until August 17, 2022 at 5 p.m., for any person other than the incumbent. City candidates shall file paperwork with their City Clerk’s office and should check the business hours of their City Clerk’s office; all other candidates shall file with the County Elections Official by 5 p.m. on August 17, 2022. This section is not applicable where there is no incumbent eligible to be elected.

EC §§10225, 10407(b), 10516, 10604
The 10-calendar-day public examination period begins August 17, 2022 at 5 p.m. and ends August 27, 2022 at 5 p.m. for all documents filed by the extended filing deadline August 17, 2022. Between these dates, the Elections Official or any voter of the jurisdiction in which the election is being held, may seek a writ of mandate or injunction requiring any or all of the materials to be amended or deleted if found to be false, misleading or inconsistent with the Elections Code.

EC §§9190, 9295, 9380, 9509, 13313
Page F-3.54
81 Friday, August 19, 2022 For consolidated elections, the names of the candidates to appear upon the ballot where district, city or other political subdivision offices are to be filled shall be filed with the Elections Official by this date.

EC §10403(c)
81 Friday, August 19, 2022 Primary Arguments in favor of and against local measures are due by 5 p.m. on this date. Such arguments, if already submitted, may be changed until and including this day. Arguments in favor of and against city measures must be filed with the City Clerk’s office. Contact the City Clerk’s office for deadline as cities may set different filing due date for Primary Arguments.

EC §§9162-63, 9282-83, 9286, 9315-16, 9501-03
81 Friday, August 19, 2022
71 Monday, August 29, 2022
78 Monday, August 22, 2022 The 10-calendar-day public examination period ends at 5 p.m. for all documents filed by August 12, 2022. A writ of mandate or injunction request shall be filed no later than this date on documents filed by the Candidate Filing Period deadline of August 12, 2022.

EC §§9190, 9295, 9380, 9509, 13313
73 Saturday, August 27, 2022 The 10-calendar-day public examination period ends at 5 p.m. for all documents filed by August 17, 2022. A writ of mandate or injunction request shall be filed no later than this date on documents filed by the extended candidate filing period deadline of August 17, 2022.

EC §§9190, 9295, 9380, 9509, 13313
71 Monday, August 29, 2022 The 10-calendar-day public examination period ends at 5 p.m. on this day for all Primary Arguments filed in favor of and against local measures. A writ of mandate or injunction request shall be filed no later than this date on documents filed by the deadline of August 19, 2022.

EC §§9190, 9295, 9380, 9509
71 Monday, August 29, 2022 Rebuttal Arguments for measures where a Primary Argument was filed both in favor and against are due on this date by 5 p.m. Such Rebuttal Arguments may be changed until and including this date. Rebuttal Arguments for city measures must be filed with the City Clerk's office. Contact the City Clerk’s office for deadline as cities may set different filing due date for Rebuttal Arguments.

EC §§9163, 9167, 9285-86, 9316-17, 9502, 9504
71 Monday, August 29, 2022 Impartial Analyses for measures are due on this date by 5 p.m. Impartial Analyses for city measures must be filed with the City Clerk's office. Contact the City Clerk’s office for deadline as cities may set different filing due date for Impartial Analyses.

EC §§9160, 9280, 9313-14, 9500
71 Monday, August 29, 2022
61 Thursday, September 8, 2022
61 Thursday, September 8, 2022 The 10-calendar-day public examination period ends on this date at 5 p.m. for all Rebuttal Arguments filed in favor of and/or against local measures and Impartial Analyses. A writ of mandate or injunction request shall be filed no later than this date on documents filed by August 29, 2022.

EC §§9190, 9295, 9380, 9509
61 Thursday, September 8, 2022 Any city that requests the County Board of Supervisors to permit the County Elections Official to prepare the city’s election materials shall supply the County Elections Official with a list of its precincts, or consolidated precincts, as applicable, no later than this date.

EC §10002
The 10-calendar-day examination review period begins August 19, 2022 at 5 p.m. and ends August 29, 2022 at 5 p.m. for Primary Arguments filed in favor of and against local measures. Between these dates, the Elections Official or any voter of the jurisdiction in which the election is being held, may seek a writ of mandate or injunction requiring any or all of the materials to be amended or deleted if found to be false, misleading or inconsistent with the Elections Code. Arguments in favor of and against city measures are reviewed at the City Clerk’s office. Contact the City Clerk’s office for deadline.

EC §§9190, 9295, 9380, 9509
The 10-calendar-day public examination period begins August 29, 2022 at 5 p.m. and ends September 8, 2022 at 5 p.m. for Rebuttal Arguments filed in favor or against local measures and Impartial Analyses. Between these dates, the Elections Official or any voter of the jurisdiction in which the election is being held, may seek a writ of mandate or injunction requiring any or all of the materials to be amended or deleted if found to be false, misleading or inconsistent with the Elections Code. Rebuttal Arguments and Impartial Analyses for city measures are reviewed at the City Clerk’s office. Contact the City Clerk’s office for deadline.

EC §§9190, 9295, 9380, 9509
Page F-3.55
60 Friday, September 9, 2022
45 Saturday, September 24, 2022
57 Monday, September 12, 2022
14 Tuesday, October 25, 2022
45 Saturday, September 24, 2022 County Elections Official must send ballots and balloting material to all Military and Overseas Voters who filed ballot applications by this date.

EC §§300(b), 3105, 3114
40 Thursday, September 29, 2022
10 Saturday, October 29, 2022
40 Thursday, September 29, 2022 First pre-election campaign committee statement for candidates and committees is due for the period ending September 24, 2022 (which is 45 days before the election).

GC §§84200.5, 84200.8
29 Monday, October 10, 2022
7 Tuesday, November 1, 2022
29 Monday, October 10, 2022 Early voting period starts on this day, with three Vote Centers opening in San Mateo, Redwood City and South San Francisco.
29 Monday, October 10, 2022 Processing of Vote by Mail ballots may begin on this date. Processing Vote by Mail ballots includes opening Vote by Mail ballot return envelopes, removing ballots, duplicating any damaged ballots and preparing the ballots to be machine-read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on Election Day.

EC §15101
28 Tuesday, October 11, 2022
0 Tuesday, November 8, 2022
21 Tuesday, October 18, 2022 By this date, the County Elections Official shall mail the County Sample Ballot & Official Voter Information Pamphlet to each voter who is registered at least 29 days prior to the election.

EC §§13303-04
15 Monday, October 24, 2022 Voter registration closes on this date for the November 8, 2022 Statewide General Election. Voters must register by this date to be eligible to vote non-provisionally in this election. Voter registration forms postmarked prior to or on this date are accepted.

EC §2102
14 Tuesday, October 25, 2022 The Candidate Filing Period for write-in candidates ends on this date at 5 p.m. All candidates must submit all required documents by this date in order to be a qualified write-in candidate. City candidates must file their paperwork with their City Clerk's office.

EC §§8600-05
14 Tuesday, October 25, 2022
0 Tuesday, November 8, 2022
Between these dates, at least one ballot dropoff location shall be provided for every 15,000 registered voters within the jurisdiction where the election is held, as determined on August 12, 2022 (i.e., 88 days before Election Day). All ballot dropoff locations shall be open at least during regular business hours. At least one ballot dropoff location shall be an accessible, secured, exterior drop box that is available for a minimum of 12 hours per day including regular business hours.

EC§ 4005(a)(1)
Between these dates, the Secretary of State shall mail the State Voter Information Guide to each voter who is registered at least 29 days prior to the election. The County Elections Official will mail a State Voter Information Guide to any person upon request.

EC §9094
Between these dates, Vote by Mail ballots will be sent to all registered voters in the county. Voters interested in having replacement Vote by Mail ballots be mailed to them should make the request by November 1, 2022 to ensure the ballots arrive on or before Election Day.

EC §4005(a)(8)(A)
Between these dates, individuals who become new United States citizens on or after October 25, 2022, are eligible to register and vote at any Vote Center. A new citizen registering during this time must provide proof of citizenship prior to voting and declare that he or she has established residency in California.

EC §§331, 3500-01
Between these dates is the Candidate Filing Period for write-in candidates. Write-in candidates must file a statement of write-in candidacy and other required documentation with the County Elections Official. City candidates must file their paperwork with their City Clerk's office and should check the business hours of their City Clerk's office.

EC §§8600-05
Between these dates, the County Elections Official must send ballots and balloting materials to all Military and Overseas Voters who filed ballot applications by September 24, 2022.

EC §§300(b), 3105, 3114
Page F-3.56
14 Tuesday, October 25, 2022
0 Tuesday, November 8, 2022
12 Thursday, October 27, 2022 Second pre-election campaign committee statement for candidates and committees is due for the period ending October 22, 2022 (which is 17 days before the election).

GC §§84200.5, 84200.8(b)
10 Saturday, October 29, 2022
4 Friday, November 4, 2022
7 Tuesday, November 1, 2022 By this date (one week before Election Day), the County Elections Official shall publish a list of the polling places (Vote Centers) designated for each election precinct for the election.

EC §12105
7 Tuesday, November 1, 2022 Voters interested in having replacement Vote by Mail ballots be mailed to them should make the request by this date to ensure the ballots arrive on or before Election Day.
7 Tuesday, November 1, 2022 Last day for voters to request the County Elections Official to send a Vote by Mail ballot in Spanish, Chinese or Filipino, or a facsimile copy of the ballot printed in Korean, Burmese, Japanese or Hindi.

EC §4005(a)(8)(B)(i)(III)
7 Tuesday, November 1, 2022 Last day for voters to request the County Elections Official to send or deliver a ballot that voters with disabilities can read and mark privately and independently pursuant to the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

EC §4005(a)(8)(B)(i)(IV)
3 Saturday, November 5, 2022
0 Tuesday, November 8, 2022
0 Tuesday, November 8, 2022 Election Day. All Vote Centers open from 7 a.m. to 8 p.m. Semifinal official canvass commences upon the closing of all polls at 8 p.m.

EC §§1000, 4005, 14212, 15150-51
Days
Following
Election
Date Action Taken
7 Tuesday, November 15, 2022 Vote by Mail ballots postmarked on or before Election Day must be received by the County Elections Official by this date in order to be counted.

EC §3020(b)
30 Thursday, December 8, 2022 Last day for County Elections Official to certify election results to the jurisdictions participating in the election.

EC §15372
38 Friday, December 16, 2022 Last day for Secretary of State to prepare, certify, and file a statement of the vote from the compiled elections returns. The Secretary of State issues to each elected candidate a certificate of election.

EC §§15501, 15504
§ or §§
EC
ED California Education Code
GC
Section or Sections
Reference
Between these dates, for a minimum of eight hours per day (7 a.m. to 8 p.m. on Election Day), at least one Vote Center is provided for every 10,000 registered voters within the jurisdiction where the election is held, as determined on August 12, 2022 (i.e., 88 days before Election Day). Any voter registered in the county may visit any Vote Center in order to receive voter services or vote.

EC §4005(a)(2), (a)(3)(A)
Between these dates, the Elections Official shall provide Conditional Voter Registration and provisional voting for voters who missed the October 24, 2022 registration deadline at any Vote Center.

EC §§2170-71
All above California Codes may be referenced online at: leginfo.legislature.ca.gov/faces/codes.xhtml Between these dates, for a minimum of eight hours per day, at least one Vote Center is provided for every 50,000 registered voters within the jurisdiction where the election is held, as determined on August 12, 2022 (i.e., 88 days before Election Day). Any voter registered in the county may visit any Vote Center in order to receive voter services or vote.

EC §4005(a)(2), (a)(4)(A)
California Government Code
California Elections Code
Page F-3.57
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: 6/28/2022
Staff Report Number: 22-123-CC
Regular Business: Adopt resolutions for fiscal year 2022-23: budget and capital improvement plan; establish
appropriations limit; establish a consecutive 1
percent utility users’ tax rate through June 2023;
establish the salary schedule effective July 3, 2022;
extend rate assistance program through June 2023;
establish direction for administration of American
Rescue Plan Act funds; and accept award authority
and bid requirement through June 2023
Recommendation
Staff recommends that City Council provide final direction on the city manager’s fiscal year 2022-23 proposed budget, adopt the following resolutions, establish award levels and provide bid requirements:

1. Resolution adopting fiscal year 2022-23 budget and capital improvement plan (CIP) (Attachment H)

2. Resolution establishing the appropriations limit (Attachment I)

3. Resolution establishing one percent user utility tax (UUT) through June 2023 (Attachment J)

4. Resolution amending the salary schedule effective July 3, 2022 (Attachment K)

5. Resolution extending the rate assistance program through June 2023 (Attachment L)

6. Resolution establishing direction for administration of American Rescue Plan Act (ARPA) funds (Attachment M)

7. Accept award memo for authority and bid requirement through June 2023 (Attachment N) Policy Issues
The City Council maintains responsibility for all budgetary appropriations. Under section 2.08.080(8) of the Menlo Park Municipal Code (MPMC), the city manager has the responsibility “to prepare and submit to the City Council the annual budget.” Appropriations for fiscal year 2021-22 lapse June 30, 2022, and adoption of the budget and appropriation of funds is necessary before the start of the fiscal year July 1, 2022. A public hearing on the city manager’s proposed budget is consistent with the City’s budgeting process.

Background
Preparation of the annual budget takes place primarily during the months of March and April and is informed by City Council direction including amendments to the current fiscal year’s budget, adoption of budget principles, and adoption of City Council priorities. The proposed budget was published June 7, 2022, for consideration by the community and City Council. A budget workshop was held June 7, 2022, to provide additional information about the budget and answer questions from the community and a public hearing was held June 14, 2022. The presentation is available as Attachment A and a recording of the workshop is available as Attachment B.

AGENDA ITEM G-1 Page G-1.1
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org The city manager’s proposed budget for fiscal year 2022-23 originally included a number of resource options and proposals for service level enhancements as indicated in Attachment C. These were considered by the community and City Council at the June 14 public hearing and those proposals with City Council understanding have been incorporated into the proposed budget. There were two positions, the graphic designer and management analyst for sustainability, which received a “maybe” from City Council and are included for final direction on these positions. The revised budget proposed for adoption is available online from the cover page, Attachment D. The budget theme and major changes are outlined in the city manager’s transmittal letter which can be navigated to from the cover page. The budget in its entirety and dynamic report views are available through the City’s OpenGov transparency portal, Attachment E.

Analysis
The proposed budget for fiscal year 2022-23 includes a spending plan which maintains all services offered in fiscal year 2021-22 and expands upon those services in a number of functional areas, by fund and department presented in Attachment C. It should be noted that the graphic designer and emergency preparedness coordinator positions will not be opened for recruitment until the City Council approves an amendment to the salary schedule (Attachment K.) In addition, the recruitment for the management analyst position would remain on hold until those other two new positions proceed forward for recruitment. The general fund, the largest and most active of the City’s funds and responsible for the majority of the City’s operations, is balanced this fiscal year by using reserves of $6.4 million as indicated in Attachment Q.

Changes incorporated after the public hearing
Following City Council direction, changes were incorporated into the budget as proposed for adoption:
• City Council directed staff to keep most of the proposed service level enhancements; as previously mentioned, two positions that were determined to be maybes are included for further direction; • City Council directed staff to make changes in the 5-year forecast (see section below); and • City Council did not recommend any additional changes to the fiscal year 2022-23 proposed budget.

American Rescue Plan Act Fund
Last year, the ARPA funds were moved to a newly-created special revenue fund, the ARPA Fund. This fund will receive a total of $8.30 million in stimulus funds with half already received in fiscal year 2021-22 and half to be received in fiscal year 2022-23. These funds may be spent on a large range of uses, including those included in the proposed budget. The proposed budget incorporates a transfer from the ARPA Fund to the general fund in the amount of $3.7 million to reflect a revenue backfill as allowed for these stimulus funds. In fiscal year 2021-22, the adopted budget authorized use of $2.91 million of which $0.85 was used leaving a remaining authorization of $1.6 million. The proposed budget includes those funds and an additional $2.1 for the total of $3.7 million. This leaves remaining AARP funds of $3.7 million, in the fund balance for the ARPA fund for use as directed by City Council in fiscal year 2022-23 or beyond. Stimulus funds must be fully expended by December 31, 2024 and any unspent balance is forfeited.

Anticipated mid-year budget amendments
Staff anticipates the following mid-year adjustments as presented at the June 14 budget hearing:
• Menlo Park Community Campus staffing and operations
On May 24, 2022, the City Council received an informational update that outlined the projected milestones and timeline for completing the operational and staffing plan for the new facility. Staff projects that any service level enhancements needed to effectively open and operate the new facility would be brought to City Council for consideration tentatively in autumn 2022 with budget authorization tentatively in the context of the midyear budget review in February 2023.

Page G-1.2
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Aquatics program
On February 8, 2022, City Council directed staff to conduct an analysis of the aquatics program in preparation for the opening of a new aquatics center in the Menlo Park Community Campus. Staff projects that any service level enhancements needed to implement City Council’s direction at the outcome of that process would be brought to City Council for consideration tentatively in autumn 2022 with budget authorization at that time or potentially during the midyear budget review in February 2023. • Chrysler Pump Station reconstruction
The Chrysler Pump Station, located at Chrysler Drive near the intersection with Bayfront Expressway, is a stormwater pump station that facilitates drainage of stormwater runoff from much of the Bayfront area.

The pumps are over 60 years old and are past the end of their useful life. The project is anticipated to be out to bid in July 2022, and staff is closely monitoring cost escalation that is anticipated to impact this project. As noted in the April 19, 2022, City Council staff report, currently a shortfall of $2.5 million is anticipated, but uncertainty remains with the current construction climate and inflation observations on other capital projects. A request for this amount, $2.5 million, is included in the proposed capital improvement program, and if additional funding is needed, staff will develop a funding strategy for this project for the City Council’s consideration at the time of bid award, expected in autumn 2022. The city previously obtained a $5 million Hazard Mitigation Grant from Federal Emergency Management Agency (FEMA) for this project, which would be paid on a reimbursement basis as construction proceeds.

General Fund fiscal year 2021-22 forecast (Attachment P) Following the public hearing, staff reviewed the General Funds’ forecast with May year-to-date transactions and felt the changes warranted a revision to the fiscal year 2021-22 forecast. The revisions resulted in the General Fund’s unassigned fund balance decreasing from $9.7 million to $7.5 million at fiscal year June 2022 due to reclassification of developer payment estimates from the General Fund to the separately established Fund 332 Bayfront Mitigation and increased transient occupancy tax (TOT) to reflect current projections. While maintaining City Council adopted reserve levels, this means the fiscal year 2022-23 proposed unassigned fund balance is $0.4 million.

Page G-1.3
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: General Fund balance components
Item Estimated balance
Recommended for consideration
Beginning fund balance July 1, 2022 $ 38,304,419
Ending fund balance June 30, 2023 $ 31,944,364
Fund balance reserve components
Non-spendable prepaids $ 458,698
Menlo Park City School District assigned balance $1,000,000 Strategic pension funding reserve $ 2,250,860
Emergency contingency reserve $11,800,000
Economic stabilization reserve $16,000,000
Unassigned fund balance $434,806
General Fund 5-year forecast (Attachment O)
The General Fund’s 5-year forecast informs adoption of the City’s UUT rate as well as demonstrates compliance with the City Council’s budget principles. Given the revenue and expense assumptions within the model, the goal is to present City Council with General Fund sustainability over the next five years. The model received input from the executive team, consultants and direction from City Council. Below are the assumptions, with any changes from the June 14 model noted:
• The TOT revenue was increased by $0.8 million beginning fiscal year 2023-24. Also, we raised the annual growth rate to 5 percent from 2.5 percent.
• Excess Educational Revenue Augmentation Fund (ERAF) is reduced 10 percent annually from fiscal year 2022-23 budget level to reflect decreased reliance upon, for an overall decrease of approximately

34.4 percent from fiscal year 2022-23 budget amount ARPA must be expended by December 2024 with $3.7 million in the proposed budget
• Vacancy factor increased from 5 percent to 6.5 percent to reflect a higher level of vacancies in fiscal year 2022-23 along with anticipated attrition in future years due to retirements • Services expense category was reduced by 15 percent in fiscal year 2023-24 to reflect non-recurring expenses
• Emergency and economic reserves were adjusted as unassigned cannot be negative Under the proposed assumptions, the projected total reserve balance goes from $31.9 million to $26.5 million over five years. The City Council’s emergency reserve is maintained at policy limit; however, the economic reserve is estimated to be approximately $3.6 million short over the last two forecasted years (Emergency and Economic Reserve Chart.) During the course of the five years, actuals will vary which may impact these reserves; however, staff believes under current assumptions that this demonstrates a sustainable General Fund with less dependence on Excess ERAF over this 5-Year time period.

Proposed five-year capital improvement program
The City’s 5-Year CIP is funded for the initial year covering $102.7 million in proposed projects. The City carried over $87.9 million in prior approved project budgets and staff is requesting $15.3 million for new Page G-1.4
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org projects. The City’s General Fund CIP is funded for $37.4 million in projects, including $8.6 million new additions. The General Funds’ CIP for fiscal year’s 2023-24 through 2026-27 is unfunded for $31.7 million of project work. Table 2 summarizes the funding requests by category.

Table 2: Capital improvement program,
Fiscal year 2022-23 proposed funding requests by category Category Proposed
request Funding sources
City buildings and systems $725,000 General capital
Environment $500,000 General capital
Parks and recreation $4,745,414 Recreation in-lieu, Measure T, general capital Stormwater $3,110,000 General capital
Streets and sidewalks $2,125,000 Sidewalk assessment, general capital, construction street impact fee, highway users (gas) tax
Traffic and transportation $1,928,000 Transportation impact fees, grants, Measures A and W, transportation
Water system $2,152,985 Water capital
Total $15,286,399
Enabling resolutions
Staff recommends City Council take action on the following resolutions before July 1.

Adopt fiscal year 2022-23 budget and capital improvement plan (Attachment H) This resolution formally appropriates funds and allows for expenditures during the fiscal year. As previously mentioned, staff anticipates mid-year budget amendments during the third quarter of each fiscal year around the month of February.

Appropriations limit (Attachment I)
California Government Code sets a limit on appropriations based on a number of factors including the prior limit, population change and cost of living changes. This resolution establishes the appropriations limit for fiscal year 2022-23.

Temporary Utility Users’ Tax Reduction (Attachment J)
The MPMC sets UUT rates but allows for temporary reductions up to 12 months. Since the City Council desires to extend the temporary reduction in UUT rates, this resolution accomplishes that. The UUT is adopted as City Council reviews the General Fund’s 5-Year forecast determining the long-term impact of the tax.

Salary schedule amendments (Attachment K)
The salary schedule which accompanies this resolution reflects a 3 percent increase pursuant to MOU agreements for collective bargaining units: Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Police Officers’ Association (POA.) Positions within the unrepresented management group are also being increased by 3 percent. The position of “assistant to the city manager/city clerk” is being added; however, there will be no impact to FTE. Recreation supervisor and senior librarian are being deleted from the salary schedule as they were reclassified to library and community services supervisor in April 2022. The library and community services supervisor classification was created in April 2021 to encompass all supervisor-level Page G-1.5
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org roles in the department, including library, recreation and child care.

Rate assistance program (Attachment L)
The City established a rate assistance pilot program for solid waste and water utilities in June 2020. This resolution extends the rate assistance program through June 30, 2023.

American Rescue Plan Act (Attachment M)
This resolution is recommended for compliance with the ARPA Final Rule and to provide clear direction for the use of these funds.

Award authority (Attachment N)
City Council Procedure #21-024-CC establishes award authority and bid requirements and includes an annual adjustment in purchasing limits according to inflation. The inflation from 2022 to 2023 results in an increase in the city manager’s signature authority limit of $6,000, and the award authority memo for fiscal year 2022-23 outlines the award authority levels.

Next steps
The following items reflect the final steps of the fiscal year 2022-23 budget:
• The City Council can consider whether to retain these items as presented by staff or provide additional staff direction:
• Service level enhancements (Attachment C)
• ERAF reduction of 10 percent per year beginning with fiscal year 2023-24 • ARPA utilization in the General Fund for revenue replacement • Utility User’s Tax rate of 1 percent (at the June 14 public hearing the City Council provided direction to staff to maintain UUT at 1 percent, but final determination on the reduction of the UUT will be made in the resolution establishing the financial necessity of the UUT) • Emergency and economic reserves policy level (these are maintained in fiscal year 2022-23, but may fall below policy level in the last two years of the five-year forecast) • Adoption of enabling resolutions for fiscal year 2022-23 before July 1 • Publication of the fiscal year 2022-23 adopted budget document in August Impact on City Resources
As noted in the previous section, the fiscal year 2022-23 operating budget is balanced with the use of $6.4 million in reserves, including Federal stimulus funds. If City Council desires additional changes to the budget which increase expenditures, use of one-time money, including accumulated fund balance, must be identified absent an offsetting revenue.

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.

Page G-1.6
Staff Report #: 21-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Hyperlink – June 7 budget workshop slides: beta.menlopark.org/files/sharedassets/public/administrativeservices/documents/finance/fy-2022-23-budget-workshop-presentation.pdf B. Hyperlink – June 7 budget workshop recording: youtu.be/N2DDl5E-PpQ C. Service level enhancements
D. Hyperlink – City Manager’s proposed budget for fiscal year 2022-23 cover page:
stories.opengov.com/menlopark/published/zHpmGGiSG
E. Hyperlink – Budget transparency portal: stories.opengov.com/menlopark/published/zHpmGGiSG F. Hyperlink – General Fund reserve policy: menlopark.org/DocumentCenter/View/5404/D3---GeneralFund-Reserve-Update?bidId= G. Hyperlink – Fiscal year 2022-23 proposed budget: menlopark.org/budget H. Resolution adopting the fiscal year 2022-23 budget and CIP I. Resolution establishing the appropriations limit
J. Resolution establishing a temporary UUT reduction for fiscal years 2022-23 K. Resolution amending the salary schedule effective July 3, 2022 L. Resolution extending the rate assistance program for fiscal year 2022-23 M. Resolution for ARPA
N. Award authority memo for fiscal year 2022-23
O. General Fund 5-year forecast
P. Forecasted Fund balances
Q. Budgeted Fund balance
Report prepared by:

Marvin Davis, Interim Finance Director
Mary Morris-Mayorga, Administrative Services Director – Extra Help Retired Annuitant Nikki Nagaya, Public Works Director
Page G-1.7
Fund Department Service level description FTE Labor
100 General Fund 132 City Clerk
Deputy City Clerk. Position would restore the needed backup for the City Clerk, assist with City Council related duties (e.g., agendas, resolutions, ordinances, minutes, etc.), and assist with Information Technology Master Plan items related to agenda, legislative and multimedia management.
1 $159,892
100 General Fund 133 Public Engagement
Graphic Designer. Would work with all departments to design and produce a variety of print and digital materials, both routine and complex; including publications, notices, social media and digital graphics for web and video.
1 $158,979
100 General Fund 170 Sustainability
Management Analyst I/II. To support climate adaption and resiliency projects and plans (e.g. local hazard mitigation plan, safety, environmental justice elements) to increase resiliency to negative impacts of climate change. The position would assist in coordinating across all departments, informing the organization and the community on climate adaptation, and providing ongoing long range planning and strategy support.
1 $214,284
100 General Fund 210 Patrol
Community Service Officers. Request to restore two and add one (total 3.0) full-time Community Service Officers (CSOs) - two assigned to Patrol Division, and one added to the Training and Public Relations Unit.
3 $363,032
100 General Fund 210 Patrol
Traffic Unit and Staffing Support. Request to restore three full time sworn officer positions to support increased need for traffic support, management, and the return of workforce commuters and special events. The movement of three officer positions to Traffic from our current reduced staffing has made the permanent assignment of a dedicated traffic team unsustainable at current levels. 3 $588,186
100 General Fund 240 Administration
Emergency Preparedness Coordinator. Request to establish a dedicated and expert resource that is steadfastly committed to the City's interests and capable of connecting and coordinating with all available partner resources. Although the position would reside within the police department, the focus would be on the entire organization.

Position equivalent to Management Analyst I or Project Manager. 1 $169,896
100 General Fund 541 Gymnastics
Gymnastics. Request to add 5.75 FTE (2 Program assistants, 2.75 Instructors, 1 Recreation Coordinator) to reactivate the gymnastics program, consistent with staffing levels for the gymnastics program prior to the pandemic. Personnel costs would be partially offset by program revenues.

5.75 $646,864
100 General Fund 630 Housing
Housing support. Request to add .5 FTE equivalent to a Management Analyst I/II to support the current and increased demand for administration and implementation of the City’s below market rate (BMR) program and other housing programs.

0.5 $86,535
Total General Fund 16.25 $2,387,668
222 Below Market
Housing 630 Housing
Housing support. Request to add .5 FTE equivalent to a Management Analyst I/II to support the current and increased demand for administration and implementation of the City’s below market rate (BMR) program and other housing programs.

0.5 $86,535
501 General Capital
Improvement 310 Facility/Capital
SAFER Bay staffing support. Request to add a provisional full-time Associate Engineer position to coordinate work on SAFER Bay, sea level rise adaptation plan implementation. Position would be funded by general capital funds partially reimbursed through anticipated FEMA Building Resilient Communities and Infrastructure grant. 1 $199,918
601 Water Operations 370 Water
Drought coordination and support. Request to add one full time Sustainability Specialist position to support increased drought coordination. Position would be funded by enterprise revenue funds (water operations fund).
1 $146,274
Total Citywide 18.75 $2,820,395
Parking Enforcement $500,000
Herbicide Free Median $230,000
$730,000
Attachment C: Service level enhancement request
ATTACHMENT C Page G-1.8
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

ADOPTING THE BUDGET AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2022–23
WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered the proposed budget document and related written and oral information at the meeting held June 14, 2022, and the City Council having been fully advised in the matter and good cause appearing therefore; and
WHEREAS, City Council Procedure #19-001-CC having been replaced by City Council Policy #CC-21-024 requires City Council action to enter into agreements or settle claims with aggregate annual payments in excess of $86,000 for fiscal year 2022-23; however, expenditures in debt service on currently-issued debt, utilities, employee benefits, intergovernmental agreements, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund exceed the annual aggregate of $86,000 through contractual obligations or public health and safety necessity; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Menlo Park that:

1. The proposed budget for the fiscal year 2022–23 set forth in Exhibit A and as modified by a majority of the City Council during the review of the budget, is hereby adopted; and

2. The sums of money therein set forth are hereby appropriated from the revenues of the City to the departments, functions, programs and funds therein set forth for expenditure during the fiscal year 2022-2023; and

3. The Capital Improvement Program and projects presented for implementation in fiscal year 2022-2023 and set forth in Exhibit A is hereby adopted and approved; and

4. The City will carry forward unspent capital project funds and long-term studies from fiscal year 2021-2022 and re-appropriate these funds in fiscal year 2022-2023 to be used solely to pay for the remaining portion of City Council authorized capital expenditures and long-term studies; and

5. The City Council hereby directs the City Manager to make payments for services provided to the City including those in excess of $86,000 on debt service on currently-issued debt, utilities, employee benefits, intergovernmental agreements, and operating technological end-user hardware and subscription services included in the Information Technology Internal Service Fund, and monitor and control the expenditures of each department and, at the same time, approve modifications to each department within a specified fund, so long as the total expenditures within the fund shall not be greater than the total approved appropriations, unless offset by an equal Grant amount which does not commit the City to additional funding or program requirements.
//
//
//
ATTACHMENT H Page G-1.9
I, Judi Herren, City Clerk of the City of Menlo Park, do hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-eighth day of June, 2022, by the following vote:

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 June, 2022.
_________________________
Judi A. Herren, City Clerk
Exhibits:

A. Fiscal year 2022-23 budgeted fund balances
Resolution No. XXXX