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Menlo Park City Council
July 12, 2022

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Minutes
Meeting
July 12, 2022
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Menlo Park City Council
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4
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Text extracted from the city's file for reading and search. Open the original on www.menlopark.gov. That file is the official record.

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

REGULAR MEETING MINUTES
Date: 7/12/2022
Time: 6:00 p.m.

Location: Zoom
Regular Session
A. Call To Order
Vice Mayor Wolosin called the meeting to order at 6:02 p.m.

B. Roll Call

Present: Combs, Mueller, Taylor, Wolosin

Absent: Nash
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren
C. Agenda Review
The City Council pulled item F2.

D. Public Comment
 Coach of Solo Aquatics Tom McRae spoke on the history of previous request for proposals for Menlo Park pool providers and provided information that Solo Aquatics is equipped to handle Burgess Pool operations.
 Mike Schrader requested that the City Council sign a resolution calling on Sutter Health to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use at the Mills Health Center in San Mateo, with the same open access hours that were in place before to January 2020.
 Adina Levin reported on a possible community amenity for the proposed Sobrato office building.

E. Study Session
E1. Provide direction on landscaping at the Willow Road and U.S. 101 interchange (Staff Report #22-130-CC)
Assistant Public Works Director Hugh Louch and Principal with Callander Associates Landscape Architects Marie Mai made the presentation (Attachment).  Carolyn Ordonez spoke in support of not using Norfolk Pine in the planting and requested seeing the landscaping plan again, in support of additional public input and an adopt a tree option.  Mike Schrader spoke in support of greater tree density and on issues related to tree water requirements and consumption.

The City Council received clarification on water usage of pines and redwoods, tree debris, next steps and public input opportunities, adopt a tree options, Willow Road pocket park (pocket park) timeline and funding.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Minutes
July 12, 2022

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The City Council raised concern about the extent of Caltrans maintenance of the interchange area and of the Caltrans-owned portion of Willow Road.

The City Council discussed the Caltrans standard landscape plan, City contribution of funds to increase tree size, the pocket park, screening on both sides before landscaping, and enhanced maintenance on Willow Road.

The City Council supported:
 Proceeding with development of a Caltrans standard landscape plan with increased tree densification
 Contributing City funds to increase tree size at planting  Extending screening along the sound walls on Bay Road and Pierce Road  Exploring steps to advance the pocket park
F. Consent Calendar
F1. 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 #22-131-CC)
F2. Approve scope of work for the Caltrain quiet zone implementation plan (Staff Report #22-132-CC)  Adrian Brandt announced that the California High Speed Rail San Jose to San Francisco segment final environmental impact report (EIR) is up for California High-Speed Rail Authority Board approval in August and provided information on potential quiet zone infrastructure and grant funding opportunities.
 Marcy Abramowitz spoke in support of prioritizing the quiet zone and the plan, requested that project impacts to the City of Palo Alto does not affect Menlo Park efforts, and for the consultant to include cost estimates from throughout California.
 Adina Levin spoke in support of the quiet zone study and including Palo Alto Avenue.  Elizabeth McCarthy spoke in support of the quiet zone study and including Palo Alto Avenue.

The City Council received clarification on the impacts to Menlo Park by collaborating with Palo Alto, Kimley-Horn and Associates Inc. ability to include cost estimates from throughout California and impacts for cost, potential grant funding, and timeline.

ACTION: Motion and second (Wolosin/ Combs), to approve the scope of work for the quiet zone implementation plan, passed 4-0 (Nash absent).

F3. Receive and file 2021 priorities, work plan quarterly report as of June 30, 2022 and advisory body work plan update (Staff Report #22-137-CC)
F4. Receive and file the investment portfolio as of March 31, 2022 (Staff Report #22-138-CC) ACTION: Motion and second (Combs/ Taylor), to approve the consent calendar except item F2., 4-0 (Nash absent).

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Minutes
July 12, 2022

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G. Regular Business
G1. Appointment of Justin Murphy as city manager and approval of compensation for city manager services (Staff Report #22-135-CC)
Legal Counsel Genevieve Ng introduced the item.

The City Council received an update to Section 8 of the agreement.  Karen Grove spoke in support of the appointment of Justin Murphy as city manager.

ACTION: Motion and second (Combs/ Taylor), to appoint Justin Murphy as city manager and approve compensation for city manager services, 4-0 (Nash absent).

G2. Waive the first reading and introduce an ordinance amending Title 8, Peace, Safety and Morals, of the Municipal Code to create a comprehensive permitting system for public assemblies, events, and use of City parks and facilities (Staff Report #22-136-CC) Assistant to the City Manager/City Clerk Judi Herren made the presentation (Attachment).  Adina Levin requested clarification on film permit exemptions.  Elizabeth McCarthy spoke in opposition of noise ordinance exceptions for commercial businesses.

The City Council received clarification on noise ordinance impacts to commercial businesses and the return of the outdoor permitting update with a comprehensive look at both noise and outdoor business use.

ACTION: Motion and second (Combs/ Taylor), to waive the first reading and introduce an ordinance amending Section 8.06.050 and 8.06.060 of Chapter 8.06 (“Noise”) of Title 8 (“Peace, Safety and Morals”) of the Menlo Park Municipal Code; repealing Section 8.06.065 of Chapter 8.06 (“Noise”) of Title 8 (“Peace, Safety and Morals”) of the Menlo Park Municipal Code; amending Section 8.06.070 of Chapter 8.06 (“Noise”) of Title 8 (“Peace, Safety and Morals”) of the Menlo Park Municipal Code; amending Chapter 8.16 (“Public Assembly”) of Title 8 (“Peace, Safety and Morals”); adding Chapter 8.60 (”Special Events”) of Title 8 (“Peace, Safety and Morals”) of the Menlo Park Municipal Code; and repealing and replacing Chapter

8.28 (“Parks and Recreation”) of Title 8 (“Peace, Safety and Morals”) of the Menlo Park Municipal Code, 4-0 (Nash absent).

H. Informational Items
H1. City Council agenda topics: July 26 – August 9, 2022 (Staff Report #22-133-CC) H2. Personnel activity report as of June 30, 2022 (Staff Report #22-134-CC) I. City Manager's Report
City Manager Justin Murphy reported out on grant awards recently approved for the City from the San Mateo County Transportation Authority for pedestrian crossings of El Camino Real, for the Town of Atherton to retime traffic signals on Middlefield Road, and Representative Eshoo’s support for community project funding in pending federal legislation for the Middle Avenue pedestrian and bicycle crossing, and the return of the summer concert series.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Minutes
July 12, 2022

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J. City Councilmember Reports
City Councilmember Mueller, with support from Vice Mayor Wolosin, requested the addition of a future agenda item to consider amending the BlocPower Inc. partnership agreement to include prevailing wages.

City Councilmember Combs reported out the return of the summer concert series.

K. Adjournment
Vice Mayor Wolosin adjourned the meeting at 8:08 p.m.

Judi A. Herren, Assistant to the City Manager/City Clerk These minutes were approved at the City Council meeting of July 26, 2022.

WILLOW-U.S. 101 LANDSCAPING
E1-PRESENTATION
City Council Regular Meeting Minutes July 12, 2022 Page 5 of 23  Provide direction on the next steps for the landscaping phase of the Willow Road/U.S. 101 interchange project

REQUEST FOR CITY COUNCIL
2 City Council Regular Meeting Minutes July 12, 2022 Page 6 of 23  2019 – Interchange construction completed
 2020-2021 – Interchange used by Caltrans to support San Mateo 101 Express Lanes construction
 Landscaping phase
– Fall 2019 – Community meeting to review design options– Dec 2019 EQC meeting – recommended a preferred enhanced design ($5.6 million)
– 2020 – submitted an Urban Greening Grant ($4.2 million)– 2021 – notified not successful– 2022 – reconsider Caltrans standard landscaping plan ($1.6 million budget from SMCTA)
WILLOW/101 PROJECT STATUS
3 City Council Regular Meeting Minutes July 12, 2022 Page 7 of 23 4 Bay Road Screening –City right-of-wayWillow Road Pocket Park –City owned City of Menlo ParkCity of East Palo Alto
City Council Regular Meeting Minutes July 12, 2022 Page 8 of 23 5 City Council Regular Meeting Minutes July 12, 2022 Page 9 of 23 6 City Council Regular Meeting Minutes July 12, 2022 Page 10 of 23 7 City Council Regular Meeting Minutes July 12, 2022 Page 11 of 23 8 City Council Regular Meeting Minutes July 12, 2022 Page 12 of 23  $1.6 million available from SMCTA for construction
Item
Construction
Cost* Contingency
Design &
Other
Caltrans right-of-way $1,186,000 $446,000 $352,000Bay Road screening $129,000 $39,000 $35,000Total $1,315,000 $485,000 $387,000Willow pocket park** $457,000 $183,000 $188,000Total + pocket park $1,772,000 $668,000 $575,000

SCOPE OF WORK OPTIONS
9 * Will be refined through construction documents, includes basic landscaping along Willow Road area owned by the City
** New park could be phased in over time
City Council Regular Meeting Minutes July 12, 2022 Page 13 of 23  Provide direction on the next steps for the landscaping phase of the Willow Road/U.S. 101 interchange project– Proceed with Caltrans standard landscape plan?– Willow Road options?– Potential to contribute city funds to increase tree sizes?  Schedule if direction provided tonight
– Summer 2022 – Coordinate with Caltrans and East Palo Alto – Spring/Summer 2023 – complete construction documents– Spring/Summer 2024 – install landscape– Approximately 3-4 years for plant establishment

REQUEST FOR CITY COUNCIL
10 City Council Regular Meeting Minutes July 12, 2022 Page 14 of 23

THANK YOU
City Council Regular Meeting Minutes July 12, 2022 Page 15 of 23

WAIVE THE FIRST READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 8, PEACE, SAFETY AND MORALS, OF THE MUNICIPAL CODE TO CREATE A COMPREHENSIVE PERMITTING SYSTEM FOR PUBLIC ASSEMBLIES, EVENTS, AND USE OF CITY PARKS AND FACILITIES G2-PRESENTATION
City Council Regular Meeting Minutes July 12, 2022 Page 16 of 23

1. Special Event Permits

2. Parks Permits3. Noise Permits4. Film PermitsTYPES OF PERMITS REGULATING GATHERINGS IN THE CITY 2 City Council Regular Meeting Minutes July 12, 2022 Page 17 of 23  Requires special event permit:

1. Formations, parades, demonstrations on City streets or on the City’s right-of-ways2. Organized assemblies of over 150 people on public property3. Any other organized activity for a common use/purpose/benefit requiring public services  Does not require special event permit:

1. “Expressive activity” conducted on private property2. “Expressive activity” involving fewer than 150 people3. Activities on school grounds4. Spontaneous events generated by breaking news on City property if all of the following are true
 The news must have come into public knowledge less than 48 hour Organizers provide the police chief or designee at least 4 hours of prior notice  The location of the spontaneous event has not already been obligated to another use

5. Filming pursuant to the film ordinance (updated film ordinance to City Council on July 26)  No Noise Permit (under Chapter 8.06) required for Special EventsSPECIAL EVENT PERMIT 3 City Council Regular Meeting Minutes July 12, 2022 Page 18 of 23  Requires parks permit:

1. Exclusive use of any area of a park for a group of any size2. Use of any area of a park with more than 150 people3. Activities in a park less than 1 acre with more than 20 people • Camp Fremont Park is exempt from this requirement
 Does not require park permit:

1. Expressive activity (expressive activity in parks is governed by the Special Events Permitting provisions)

2. Use of any area of a park with less than 150 people
 Capacity limitations
– One person/ 200 sq feet of usable open area– Burgess: max 1,400– Kelly: max 900  Noise permit required if required under Chapter 8.06 (i.e. if noise will exceed City’s noise limitations)

PARKS PERMIT
4 City Council Regular Meeting Minutes July 12, 2022 Page 19 of 23  Required on private property and is not otherwise governed by the Special Events Ordinance
 Granted by the community development director or designeeNOISE PERMIT 5 City Council Regular Meeting Minutes July 12, 2022 Page 20 of 23  Requires film permit:

1. Required for use on public or private property
 Exceptions – does not require a film permit:

1. Small operations 2. News media operations 3. Filming activities conducted at a studio4. Still photography 5. City produced government access films FILM PERMIT(SCHEDULED FOR THE JULY 26 CITY COUNCIL MEETING) 6 City Council Regular Meeting Minutes July 12, 2022 Page 21 of 23  Police chief or designee issues special event permits  Library and community services director or designee issues exclusive park-use permits
 Community development director or designee issues noise permits
 Accela (City’s permitting system) EnforcementIMPACTS ON CITY RESOURCES 7 City Council Regular Meeting Minutes July 12, 2022 Page 22 of 23

THANK YOU
City Council Regular Meeting Minutes July 12, 2022 Page 23 of 23

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