Menlo Park City Council
July 26, 2022

Ordinance No. XXXX

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Ordinance No. XXXX

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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.

ATTACHMENT B Page J-2.11
BE IT FURTHER RESOLVED:

Section 1. Call for Election. That pursuant to the requirements of the California Elections 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 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 Resolution No. XXXX

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. (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
Resolution No. XXXX

Section 11. Election Held Pursuant to Law. In all particulars not recited in this resolution, the 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 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-sixth day of July, 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 July, 2022.

Judi A. Herren, City Clerk
Exhibits:

A. Text of the measure
B. County elections calendar
Resolution No. XXXX

EXHIBIT A
Resolution No. XXXX Page 5 of 14
Page J-2.15
Resolution No. XXXX

Page J-2.16
Resolution No. XXXX

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Resolution No. XXXX

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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 Resolution No. XXXX

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
Resolution No. XXXX

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
Resolution No. XXXX

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
Resolution No. XXXX

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
Resolution No. XXXX

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
Resolution No. XXXX

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

STAFF REPORT
City Council
Meeting Date: 7/26/2022
Staff Report Number: 22-149-CC
Public Hearing: Consider and adopt a resolution approving a revision to a previously approved vesting tentative
map to change the expiration date of the map
associated with the mixed-use development project
located at 706-716 Santa Cruz Avenue
Recommendation
Staff recommends that the City Council considers the Planning Commission’s recommendation to adopt a resolution to approve a two-year extension of a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units (Attachment A.)
Policy Issues
The proposed project requires the City Council to consider whether the previously approved vesting tentative map should be extended for two years.

Background
Site location
The subject site is located at 706-716 Santa Cruz Avenue and within the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and the Downtown (D) sub-district. A private surface parking lot is located on the rear half of the site and is currently accessed by driveways on Chestnut Street and Chestnut Lane.

The subject site is a corner lot with frontages along Santa Cruz Avenue, Chestnut Street and Chestnut Lane, where Santa Cruz Avenue serves as the front and Chestnut Lane serves as the rear. The surrounding properties are also within the SP-ECR/D district, and generally consist of commercial buildings.

A location map is included as Attachment B.

Project history
On January 28, 2020, the City Council adopted a resolution to approve the following:
• Architectural control for the demolition of an existing commercial building and the construction of a new three-story, mixed-use building with below-grade parking, 13,018 square feet of retail space and parking on the first level, 19,123 square feet of non-medical office uses on the second level, and third level and four residential units on the third level totaling 14,762 square feet at base level intensity of the Specific Plan; and
• Vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved to allow up to 10 commercial condominiums; and • Removal of one on-street parking space on Chestnut Street; and AGENDA ITEM J-3 Page J-3.1
Staff Report #: 22-149-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Approval of a variance to allow skylights on the third floor to exceed the 38-foot maximum height limit by approximately three feet, two inches.

The City Council also adopted a resolution adopting a below market rate housing agreement for the project.

A variance expires if not implemented within one year of the approval date. For new construction, the variance is considered to be implemented with submittal of a complete building permit application. The community development director has the authority to extend the effective date of the variance upon the written request of the applicant for up to one year if the community development director finds that there is good cause for the extension based upon unusual circumstances and/or conditions not of the making of the applicant or its agents or employees. On May 17, 2021 the community development director approved a one-year extension for the variance request for this project based on conditions not of the applicant’s making, including economic constraints due to the pandemic.

Analysis
On January 27, 2022, the applicant submitted an application requesting a revision to the approved variance to modify the expiration date by two years and an extension of the vesting tentative map, also by two years.

The Planning Commission was the final decision making body on the variance revision and the City Council is the final decision making body on the vesting tentative map extension. On June 13, 2022, the Planning Commission adopted a resolution to approve the requested revision to the variance to extend the expiration date by two years and adopted a resolution to recommend that the City Council approve a two-year extension for the vesting tentative map. If the City Council approves the extension of the vesting tentative map, both would expire on January 28, 2024.

Vesting tentative map extension
The City Council’s 2020 approval of the project included a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved to allow up to 10 commercial condominiums. Project plans which include the vesting tentative map is included as Attachment C.

The Subdivision Ordinance requires the preparation of a tentative map, which has been included in the applicant’s approved project plans. The vesting tentative map has been reviewed by the City’s engineering division and has been found to comply with the provisions of the State Subdivision Map Act and the City’s Subdivision Ordinance subject to previous conditions of approval. There are no new recommended conditions of approval.

The applicant is now requesting an extension of the vesting tentative map by two years, which the applicant indicates is needed to secure financing for the project. Staff believes extending the expiration dates would be reasonable as this would be consistent with the City Council’s overall approval of the project and would allow continued implementation of the project. All conditions of approval from the January 28, 2020 approval would continue to apply but the expiration date of the vesting tentative map would be extended to January 28, 2024. The conditions of approval from January 28, 2020 are included as Attachment D. The extension of the vesting tentative map would align with the modified expiration date of the variance, which the Planning Commission approved at its meeting on June 13, 2022.

Planning Commission review and recommendation
The Planning Commission recommended approval of a two-year extension of the vesting tentative map based on the following findings:

1. The proposed vesting tentative map extension does not modify any of the original vesting tentative Page J-3.2
Staff Report #: 22-149-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org map’s design, and therefore, all of the findings made on the original vesting tentative map (City Council Resolution No. 6535) are still valid and apply to this extension; and

2. All conditions of approval in City Council Resolutions No. 6535, not otherwise modified, are still in effect.

The June 13 staff report is included as Attachment E and the Planning Commission resolution recommending approval of the requested two-year extension of the vesting tentative map is included as Attachment F.

Conclusion
Staff believes the request to modify the expiration date of the vesting tentative map by two years is appropriate as it would allow the applicant to secure funding for the project. The proposed revision to the expiration date for the vesting tentative map would align with the Planning Commission’s approved revision to the expiration date of the variance. The approval of the revision to the vesting tentative map would allow the approved project to be comprehensively implemented which includes individual sale of the four residential units and one commercial area, with rights reserved for up to ten commercial condominium units.

Staff recommends that the City Council consider the Planning Commission’s resolution recommending that the City Council approve the extension of the vesting tentative map by two years and adopt a resolution approving the revision to the expiration date of the vesting tentative map.

Impact on City Resources
The project sponsor is required to pay planning, building and public works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review
State CEQA Guidelines Section 15162 (Subsequent environmental impact reports and Negative Declarations) provides that when an environmental impact report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are new significant environmental effects due to a change in the project or circumstances, or there is new information of substantial importance as identified in State California Environmental Quality Act (CEQA) Guidelines Section 15162(a)(3.) A Program EIR was prepared and certified by the City Council as part of the El Camino Real/Downtown Specific Plan approval; the Program EIR was certified on June 5, 2012. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the El Camino Real/Downtown Specific Plan Program EIR. No other special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, no further environmental review is required.

Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a 300-foot radius of the subject property.

Page J-3.3
Staff Report #: 22-149-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Draft resolution to extend the expiration date of an approved vesting tentative map Exhibits to Attachment A:
a. Project plans (see Attachment C to this (July 26, 2022) City Council Staff Report) b. Conditions of approval
B. Location map
C. Project plans
D. City Council Resolution No. 6535
E. Planning Commission staff report, June 13, 2022
F. Planning Commission Resolution 2022-06
Report prepared by:

Fahteen Khan, Associate Planner
Report reviewed by:

Corinna Sandmeier, Acting Principal Planner
Kyle Perata, Acting Planning Manager
Page J-3.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE A TWO-YEAR EXTENSION OF A VESTING TENTATIVE MAP

ASSOCIATED WITH A MAJOR SUBDIVISION NOT TO EXCEED FOUR

RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMERCIAL AREA, WITH

RIGHTS RESERVED FOR UP TO TEN COMMERCIAL CONDOMINIUM UNITS AT 706-716 SANTA CRUZ AVENUE (APN 071-102-250)
WHEREAS, on January 28, 2020, the City approved a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units, and to revise an approved variance to extend the expiration date by two years to continue to allow skylights on the third floor of a previously approved three-story, mixed-use building to exceed the 38-foot height limit in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Phillip Hyndman (“Applicant”), on behalf of the property owner 706-716 Santa Cruz Ave, LLC (“Owner”), located at 706-716 Santa Cruz Avenue (APN 071-102-250) (“Property”). The vesting tentative map is depicted in and subject to the development plans and documents which are attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and the El Camino Real Downtown (D) sub-district, which supports a variety of uses including personal services, business and professional offices and residential uses; and WHEREAS, on January 27, 2022, the City received an application requesting a two-year extension of the above referenced vesting tentative map which is depicted in Exhibit A; and WHEREAS, the proposed vesting tentative map extension complies with all objective standards of the SP-ECR/D district and D sub-district and furthers the original purposes of the project approvals by allowing the applicant to secure financing for the project and allow the approved project to be implemented; and
WHEREAS, the findings and conditions for the vesting tentative map extension would ensure that all City requirements are applied consistently and correctly as part of the project’s implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
WHEREAS, the approval of the vesting tentative map extension is consistent with the City Council’s approval of the project and allows the project to be implemented; and WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and
ATTACHMENT A Page J-3.5
WHEREAS, the City had previously prepared and certified the Program Environmental Impact Report for adoption of the Specific Plan (“Specific Plan EIR”) and prepared a checklist for the original vesting tentative map request and overall project detailing that no new effects could occur and no new mitigation measures would be required; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, after public notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park on June 13, 2022 whereat all persons interested therein might appear and be heard. After closing the public hearing, the Planning Commission considered all pertinent information, documents, exhibits, and all other evidence in the public record on the request; and adopted Planning Commission Resolution No. 2022-07 to approve the variance revision and adopted Planning Commission Resolution No. 2022-06 to recommend approval of extension of the vesting tentative map, respectively, to the City Council; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the City Council of the City of Menlo Park on July 26, 2022 whereat all persons interested therein might appear and be heard; and
WHEREAS, the City Council of the City of Menlo Park having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter voted affirmatively to approve the findings and conditions for the extension of the vesting tentative map; and WHEREAS, the City Council has considered the extension of the vesting tentative map, to be in compliance with Specific Plan EIR, the Draft EIR was released in April 2011, with a public comment period that closed in June 2011. The Final EIR, incorporating responses to Draft EIR comments, as well as text changes to parts of the Draft EIR itself, was released in April 2012, and certified along with the final Plan approvals in June 2012.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park, independently, after reviewing all of the evidence before it, holding a public hearing, and considering the Planning Commission’s recommendation, hereby approves a two year extension of the vesting tentative map, which vesting tentative map is attached hereto as Exhibit A, and associated conditions, which are attached hereto as Exhibit B, and incorporated herein by this reference, based upon the following findings:

1. The proposed vesting tentative map extension does not modify any of the original Vesting Tentative Map’s design, and therefore, all of the findings made on the original Vesting Tentative Map (City Council Resolution No. 6535) are still valid and apply to this extension; and

2. All conditions of approval in City Council Resolutions No. 6535, not otherwise modified by this resolution, are still in effect.

3. The extension of vesting tentative map expiration by two years, would allow the applicant to secure financing for the project and allow the approved project to be implemented, is appropriate.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby finds that no further environmental review is necessary pursuant to the provisions of California Environmental Quality Act under State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Resolution No. XXX

Declarations) based upon the following findings: That no further environmental review is necessary under CEQA pursuant to State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations).

State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are new significant environmental effects due to a change in the project or circumstances, or there is new information of substantial importance as identified in State CEQA Guidelines Section 15162(a)(3). A Program EIR was prepared and certified by the City Council as part of the El Camino Real/Downtown Specific Plan approval; the Program EIR was certified on June 5, 2012.

The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the El Camino Real/Downtown Specific Plan Program EIR. No other special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, no further environmental review is required.

SEVERABILITY.

If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

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-sixth day of July, 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 July, 2022.

Judi A. Herren, City Clerk
Exhibits
A. Project plans
B. Conditions of approval
Resolution No. XXX

EXHIBIT A
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Resolution No. XXX Page 63 of 91
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Resolution No. XXX

Page J-3.68
Resolution No. XXX

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Resolution No. XXX

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Resolution No. XXX

Page J-3.71

JOINT TRENCH TITLE SHEET
N.T.S.

JT-1
1 8.9*
574/*(9
SCALE:PM:CHECKED BY:DRAWN BY:PROJ. NO:SHEET: OF:

CALIFORNIA
LAST UPDATED:DRAWING NO:

REVISION DELTA NO: DATE:

RELOCATION
2 J. CAZARES
J. KLEIN
19-969
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
Tel (925) 682-1114
}¡–•G|›“›  •
Resolution No. XXX Page 68 of 91
Page J-3.72

JOINT TRENCH INTENT
1" = 20'
JT-22
SCALE:PM:CHECKED BY:DRAWN BY:PROJ. NO:SHEET: OF:

CALIFORNIA
LAST UPDATED:DRAWING NO:

REVISION DELTA NO: DATE:

RELOCATION 2 J. CAZARES J. KLEIN 19-969
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
Tel (925) 682-1114
}¡–•G|›“›  •
Resolution No. XXX Page 69 of 91
Page J-3.73
¶
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Resolution No. XXX Page 73 of 91
Page J-3.77
Resolution No. XXX

Page J-3.78

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 75 of 91
Page J-3.79

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 76 of 91
Page J-3.80

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 77 of 91
Page J-3.81

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 78 of 91
Page J-3.82

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 79 of 91
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ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 80 of 91
Page J-3.84

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 81 of 91
Page J-3.85

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Resolution No. XXX Page 82 of 91
Page J-3.86

SITE ACCESS

LOCATION
706 SANTA CRUZ AVE. MENLO PARK, CA*ALL MATERIAL TO BE JUST IN TIME DELIVERY UNTILUNDERGROUND BASEMENT IS CONSTRUCTED WITH WORKINGFIRE SPRINKLERS. CP-1 Tentative crane Location. Final location to bedetermined during permitapproval process.

TruckUnloadingLocation
Resolution No. XXX Page 83 of 91
Page J-3.87
Phase 1 Demo Building & Parking
Lot Area
706 Santa Cruz Ave. Menlo Park, CA
PHASE 1 DEMOBUILDING & PARKINGLOT
CP-2
Resolution No. XXX Page 84 of 91
Page J-3.88
PHASE 2 SHORING AND MASS

EXCAVATION
706 Santa Cruz Ave. Menlo Park, CA
PHASE 2 SHORING/ MASSEXCAVATION
CP-3
Resolution No. XXX Page 85 of 91
Page J-3.89
PHASE 3 FOOTINGS / SLAB /
PODIUM
706 Santa Cruz Ave. Menlo Park, CA
PHASE 3FOOTINGS / SLAB /PODIUM
CP-4
Resolution No. XXX Page 86 of 91
Page J-3.90
706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 4 ERECT STEEL / METAL STUD/ ROOF
Phase 4 - Erect Steel / MetalStud / Roof CP-5
Resolution No. XXX Page 87 of 91
Page J-3.91
706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 5EXTERIOR SKIN / INTERIORBUILD-OUT
Phase 5 - Exterior Skin/ /Interior Build-Out CP-6
Resolution No. XXX Page 88 of 91
Page J-3.92
CP-7
Resolution No. XXX Page 89 of 91
Page J-3.93
Fencing
Pedestrian/ Scaffold Tunnel
706 Santa Cruz Ave. Menlo Park, CA
24' 24'
CP-8
Resolution No. XXX Page 90 of 91
Page J-3.94
706-716 Santa Cruz Avenue – Attachment A: Exhibit B - Conditions PAGE: 1 of 1
LOCATION: 706-716
Santa Cruz Avenue
APPLICATION:

PLN20222-00006
APPLICANT: Phillip
Hyndman
OWNER: 706-716
Santa Cruz Ave, LLC
PROJECT CONDITIONS – VESTING TENTATIVE MAP EXTENSION:

1. The vesting tentative map extension shall be subject to all conditions that were included in the City’s Council’s January 28, 2020 approval of the vesting tentative map and associated entitlements, except that the expiration date of the vesting tentative map is extended to January 28, 2024.

Resolution No. XXX

City of Menlo Park
706 Santa Cruz Avenue
Location Map
Scale: 1:4,000 Drawn By: FNK Checked By: CDS Date: 7/26/2022 Sheet: 1 Page J-3.96

ATTACHMENT C
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RELOCATION
2 J. CAZARES
J. KLEIN
19-969
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
Tel (925) 682-1114
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RELOCATION 2 J. CAZARES J. KLEIN 19-969
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
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ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Page J-3.168

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Page J-3.169

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS Page J-3.170

ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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SITE ACCESS

LOCATION
706 SANTA CRUZ AVE. MENLO PARK, CA*ALL MATERIAL TO BE JUST IN TIME DELIVERY UNTILUNDERGROUND BASEMENT IS CONSTRUCTED WITH WORKINGFIRE SPRINKLERS. CP-1 Tentative crane Location. Final location to bedetermined during permitapproval process.

TruckUnloadingLocation
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Phase 1 Demo Building & Parking
Lot Area
706 Santa Cruz Ave. Menlo Park, CA
PHASE 1 DEMOBUILDING & PARKINGLOT
CP-2
Page J-3.177
PHASE 2 SHORING AND MASS

EXCAVATION
706 Santa Cruz Ave. Menlo Park, CA
PHASE 2 SHORING/ MASSEXCAVATION
CP-3
Page J-3.178
PHASE 3 FOOTINGS / SLAB /
PODIUM
706 Santa Cruz Ave. Menlo Park, CA
PHASE 3FOOTINGS / SLAB /PODIUM
CP-4
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706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 4 ERECT STEEL / METAL STUD/ ROOF
Phase 4 - Erect Steel / MetalStud / Roof CP-5
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706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 5EXTERIOR SKIN / INTERIORBUILD-OUT
Phase 5 - Exterior Skin/ /Interior Build-Out CP-6
Page J-3.181
CP-7
Page J-3.182
Fencing
Pedestrian/ Scaffold Tunnel
706 Santa Cruz Ave. Menlo Park, CA
24' 24'
CP-8
Page J-3.183

ATTACHMENT D
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Community Development

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

STAFF REPORT
Planning Commission
Meeting Date: 6/13/2022
Staff Report Number: 22-030-PC
Public Hearing: Variance Revision to change the expiration date of an approved variance and Vesting Tentative Map
Extension/Phillip Hyndman/706-716 Santa Cruz
Avenue
Recommendation
Staff recommends that the Planning Commission take the following actions on the proposed project:

1. Adopt a resolution recommending that the City Council adopt a resolution to approve a twoyear extension of a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units (Attachment A); and

2. Adopt a resolution approving a revision to an approved variance to extend the expiration date by two years to continue to allow skylights on the third floor of an approved mixed-use building to exceed the 38-foot height limit, in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (Attachment B).

Policy Issues
The proposed project requires the Planning Commission and City Council to consider whether or not the previously approved variance should be revised to extend the expiration date by two years, and whether or not the approved vesting tentative map should be extended for two years. The Planning Commission is the final decision making body on the revision to the variance and the City Council is the final decision making body on the extension of the vesting tentative map.

Background
Site location
The subject site, located at 706-716 Santa Cruz Avenue, is 23,454 square feet in size and is part the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and is within the Downtown (D) subdistrict. A private surface parking lot is located on the rear half of the site and is currently accessed by driveways on Chestnut Street and Chestnut Lane.

The subject site is a corner lot with frontages along Santa Cruz Avenue, Chestnut Street, and Chestnut Lane, where Santa Cruz Avenue serves as the front and Chestnut Lane serves as the rear. The surrounding properties are also part of the SP-ECR/D district, and generally consist of commercial buildings. A location map is included as Attachment C.

Project History
On December 11, 2017, the Planning Commission reviewed an architectural control request for a mixed-use building with underground parking, retail space on the first level, nonmedical office space on the second ATTACHMENT E Page J-3.198
Staff Report #: 22-030-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org level, and four residential units on the third level. The Commission continued the project with direction for revisions.

On September 17, 2018, the Planning Commission reviewed a revised proposal at a study session. On December 9, 2019, the Planning Commission recommended that the City Council approve all entitlements aside from the variance. A motion to also recommend approval of the variance failed with a spilt vote.

On January 28, 2020, the City Council adopted a resolution to approve the following:
• Architectural control for the demolition of an existing commercial building and the construction of a new three-story, mixed-use building with below-grade parking, retail space and parking on the first level, office uses on the second level, and office uses and four residential units on the third level; • Major Subdivision to create a Vesting Tentative Map not to exceed four residential condominium units and one commercial area, with rights reserved to allow up to 10 commercial condominiums; • Removal of one on-street parking space on Chestnut Street; and • Approval of a variance to allow skylights on the third floor to exceed the 38-foot maximum height limit.

The City Council also adopted a resolution adopting a below market rate housing agreement for the project.

The City Council staff report and minutes are included as hyperlink Attachments E and F.

A variance expires if not implemented within one year of the approval date. For new construction, the variance is considered to be implemented with submittal of a complete building permit application. The Community Development Director has the authority to extend the effective date of the variance upon the written request of the applicant for up to one year if the Community Development Director finds that there is good cause for the extension based upon unusual circumstances and/or conditions not of the making of the applicant or its agents or employees.

On May 17, 2021 the Community Development Director approved a one year extension for the variance request based on conditions not of the applicant’s making, including economic constraints due to the pandemic.

Analysis
Project description
The applicant is now requesting an additional two-year extension for both the variance and the vesting tentative map. The applicant indicates the extensions are needed to secure financing for the project. The applicant’s letter is included as Attachment G.

The project approved in January 2020 meets the Specific Plan’s Base level standards. The maximum permitted base floor area ratio (FAR) for the D sub-district is 2.0 for all uses, inclusive of office, and the maximum FAR for non-medical office uses is half of the overall FAR. The approved project includes 46,908 square feet (2.0 FAR) of gross floor area and a total of 23,454 square feet (1.0 FAR) of office space, including proportionally calculated common areas such as the lobby and stairs.

The project was approved with a height of 37.75 feet where 38 feet is the maximum allowed height and it adheres to the façade height limit of 30 feet. The City Council’s approval included a variance for the third floor skylights to exceed the 38-foot maximum height. A four-foot tall parapet wall was proposed for the rooftop mechanical equipment screening and is not included in the maximum height of the building, as is Page J-3.199
Staff Report #: 22-030-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org permitted by the Specific Plan.

Major Subdivision and Variance
The City Council’s 2020 approval of the project included a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved to allow up to 10 commercial condominiums. The vesting tentative map expires two years from the date of approval. The condominium subdivision allows the individual residential units and commercial condominiums to be sold separately. The vesting tentative map gives the property owner flexibility to divide the retail and office space into no more than 10 units without requiring an additional tentative map.

The Subdivision Ordinance requires the preparation of a tentative map, which has been included in the applicant’s approved project plans. The vesting tentative map has been reviewed by the City’s Engineering Division and has been found to comply with the provisions of the State Subdivision Map Act and the City’s Subdivision Ordinance subject to previous conditions of approval. There are no new recommended conditions of approval.

As part of the original proposal, the applicant requested a variance to allow six skylights on the third floor to exceed the 38-foot maximum height limit by approximately three feet, two inches, which was approved by the City Council along with the other entitlements.

The applicant is now requesting a revision to the approved variance to modify the expiration date by two years and an extension of the vesting tentative map, also by two years. Staff believes extending the expiration dates would be reasonable as this would be consistent with the City Council’s overall approval of the project and would allow continued implementation of the project. All conditions of approval from the January 28, 2020 approval would continue to apply but the expiration date of the variance and the vesting tentative map would both be extended to January 28, 2024.

Correspondence
Staff has not received any correspondence on the project at this time.

Conclusion
Staff believes both the revision to the approved variance to modify the expiration date by two years and the extension of the vesting tentative map, also by two years, to allow the applicant to secure funding for the project and to allow the approved project to be implemented, are appropriate. Staff recommends the Planning Commission approve the revision to extend the variance expiration date and recommend that the City Council approve the extension of the vesting tentative map.

Impact on City Resources
The project sponsor is required to pay Planning, Building and Public Works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review
The Specific Plan process included detailed review of projected environmental impacts through a program Environmental Impact Report (EIR), as required by the California Environmental Quality Act (CEQA). In compliance with CEQA requirements, the Draft EIR was released in April 2011, with a public comment period that closed in June 2011. The Final EIR, incorporating responses to Draft EIR comments, as well as text changes to parts of the Draft EIR itself, was released in April 2012, and certified along with the final Page J-3.200
Staff Report #: 22-030-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Plan approvals in June 2012.

As specified in the Specific Plan EIR and the CEQA Guidelines, program EIRs provide the initial framework for review of discrete projects. The 706-716 Santa Cruz Avenue project was analyzed with regard to whether it would have impacts not examined in the Program EIR prior to the approval of the entitlements in 2020. The conformance checklist analyzed the project in relation to each environmental category in appropriate detail, and it was determined that the project would not result in greater impacts than were identified for the Program EIR. Relevant mitigation measures were adopted as part of the Mitigation Monitoring and Reporting Program (MMRP). Full compliance with the MMRP will be ensured through the conditions of approval. No new impacts have been identified and no new mitigation measures are required for the requested revision to the variance or the extension of the vesting tentative map.

Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a 300-foot radius of the subject property.

Attachments
A. Draft Planning Commission Resolution Recommending that the City Council Adopt a Resolution to extend the expiration date of an approved Vesting Tentative Map Exhibits to Attachment A:
a. Project Plans (see Attachment D to this (June 13, 2022) Planning Commission Staff Report) b. Conditions of Approval
B. Draft Planning Commission Resolution Approving a Variance Revision a. Project Plans (see Attachment D to this (June 13, 2022) Planning Commission Staff Report) b. Conditions of Approval
C. Location Map
D. Project Plans
E. Hyperlink: City Council staff report, January 28, 2020 https://www.menlopark.org/DocumentCenter/View/24055/G1-20200128-CC-706-Santa-Cruz F. Hyperlink: City Council Minutes, January 28, 2020
https://www.menlopark.org/AgendaCenter/ViewFile/Minutes/_01282020-3383 G. Applicant’s Letter
Disclaimer
Attached are reduced versions of maps and diagrams submitted by the applicants. The accuracy of the information in these drawings is the responsibility of the applicants, and verification of the accuracy by City Staff is not always possible. The original full-scale maps, drawings and exhibits are available for public viewing at the Community Development Department.

Exhibits to Be Provided at Meeting
None
Report prepared by:

Page J-3.201
Staff Report #: 22-030-PC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Fahteen Khan, Assistant Planner
Report reviewed by:

Corinna Sandmeier, Acting Principal Planner
Page J-3.202
Resolution No. 2022-XX
1 PLANNING COMMISSION RESOLUTION NO. 2022-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MENLO PARK RECOMMENDING THAT THE CITY COUNCIL

APPROVE A TWO-YEAR EXTENSION OF A VESTING TENTATIVE

MAP ASSOCIATED WITH A MAJOR SUBDIVISION NOT TO EXCEED

FOUR RESIDENTIAL CONDOMINIUM UNITS AND ONE

COMMERCIAL AREA, WITH RIGHTS RESERVED FOR UP TO TEN
COMMERCIAL CONDOMINIUM UNITS.

WHEREAS, the City of Menlo Park (“City”) received an application requesting a twoyear extension of a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units, and to extend the expiration date of an approved variance by two years to continue to allow skylights on the third floor of a previously approved three-story, mixed-use building to exceed the 38-foot height limit in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Phillip Hyndman (“Applicant”), on behalf of the property owner 706-716 Santa Cruz Ave, LLC (“Owner”), located at 706-716 Santa Cruz Avenue (APN 071-102-250) (“Property”). The vesting tentative map is depicted in and subject to the development plans and documents which are attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and the El Camino Real Downtown (D) sub-district, which supports a variety of uses including personal services, business and professional offices and residential uses; and
WHEREAS, the proposed vesting tentative map extension complies with all objective standards of the SP-ECR/D district and D sub-district; and WHEREAS, the findings and conditions for the vesting tentative map extension would ensure that all City requirements are applied consistently and correctly as part of the project’s implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
WHEREAS, the approval of the vesting tentative map extension is consistent with the City Council’s approval of the project and allows the project to be implemented; and WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and

ATTACHMENT A
A1 Page J-3.203
Resolution No. 2022-XX
2 WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and WHEREAS, the City had previously prepared and certified the Program Environmental Impact Report for adoption of the Specific Plan (“Specific Plan EIR”) and prepared a checklist for the original vesting tentative map request and overall project detailing that no new effects could occur and no new mitigation measures would be required; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on May 13, 2022, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to making a recommendation to the City Council on the proposed vesting tentative map extension.

WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter voted affirmatively to recommend to the City Council of the City of Menlo Park to approve the findings and conditions for the vesting tentative map extension; and

NOW, THEREFORE, THE MENLO PARK PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:

Section 1. Recitals. The Planning Commission has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the Planning Commission finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. Vesting Tentative Map Extension. The Planning Commission recommends that the City Council approve the vesting tentative map extension for the Project (Exhibit A) and the associated conditions of approval attached hereto as Exhibit B and incorporated herein by this reference.

Section 3. ENVIRONMENTAL REVIEW. The Planning Commission recommends that the City Council make the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. Make findings with regard to the California Environmental Quality Act (CEQA) that the proposal is within the scope of the project covered by the El Camino A2 Page J-3.204
Resolution No. 2022-XX
3 Real/Downtown Specific Plan Program EIR, which was certified on June 5, 2012. Specifically, make findings that:
a. A checklist was prepared for the original vesting tentative map and overall project detailing that no new effects could occur and no new mitigation measures would be required.
b. Relevant mitigation measures were incorporated into the project through the Mitigation Monitoring and Reporting Program.
c. Upon completion of project improvements, the Specific Plan Maximum Allowable Development will be adjusted by 4 residential units and 20,328 square feet of non-residential uses, accounting for the project's net share of the Plan's overall projected development and associated impacts.

NOW, THEREFORE, BE IT RESOLVED THAT, ON THE BASIS OF THE ABOVE

FINDINGS AND THE ENTIRE RECORD, THE PLANNNG COMMISSION

RECOMMENDS THAT THE CITY COUNCIL MAKES THE FOLLOWING ADDITIONAL FINDINGS IN SUPPORT OF THE RECOMMENDED APPROVAL:

B. Regarding the application requesting approval of Vesting Tentative Map Extension, the City Council finds that:
a. The proposed vesting tentative map extension does not modify any of the original Vesting Tentative Map’s design, and therefore, all of the findings made on the original Vesting Tentative Map (City Council Resolution No. 6535) are still valid and apply to this extension; and
b. All conditions of approval in City Council Resolutions No. 6535, not otherwise modified by this resolution, are still in effect.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

I, Corinna Sandmeier, Acting Principal Planner and Planning Commission Liaison of the City of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on June 13, 2022, by the following votes:

AYES:

NOES:

ABSENT:

A3 Page J-3.205
Resolution No. 2022-XX
4 ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this 13th day of June, 2022
______________________________
Corinna Sandmeier
Acting Principal Planner and Planning Commission Liaison City of Menlo Park
Exhibits
A. Project Plans
B. Conditions of Approval
A4 Page J-3.206
706-716 Santa Cruz Avenue – Attachment A: Exhibit B - Conditions PAGE: 1 of 1
LOCATION: 706-716
Santa Cruz Avenue
APPLICATION:

PLN20222-00006
APPLICANT: Phillip
Hyndman
OWNER: 706-716
Santa Cruz Ave, LLC
PROJECT CONDITIONS – VESTING TENTATIVE MAP EXTENSION:

1. The vesting tentative map extension shall be subject to all conditions that were included in the City’s Council’s January 28, 2020 approval of the vesting tentative map and associated entitlements, except that the expiration date of the vesting tentative map is extended to January 28, 2024.

A5

EXHIBIT B
Page J-3.207
Resolution No. 2022-XX
1 PLANNING COMMISSION RESOLUTION NO. 2022-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MENLO PARK APPROVING A REVISION TO EXTEND THE

EXPIRATION DATE OF AN APPROVED VARIANCE BY TWO YEARS

TO CONTINUE TO ALLOW SKYLIGHTS ON THE THIRD FLOOR OF A

PREVIOUSLY APPROVED THREE-STORY, MIXED-USE BUILDING TO
EXCEED THE 38-FOOT HEIGHT LIMIT, IN THE SP-ECR/D (EL
CAMINO REAL/DOWNTOWN SPECIFIC PLAN) ZONING DISTRICT.

WHEREAS, the City of Menlo Park (“City”) received an application requesting a twoyear extension of a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units, and to extend the expiration date of an approved variance by two years to continue to allow skylights on the third floor of a previously approved three-story, mixed-use building to exceed the 38-foot height limit in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Phillip Hyndman (“Applicant”), on behalf of the property owner 706-716 Santa Cruz Ave, LLC (“Owner”), located at 706-716 Santa Cruz Avenue (APN 071-102-250) (“Property”). The Variance is depicted in and subject to the development plans and documents which are attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district, and the El Camino Real Downtown (D) sub-district, which supports a variety of uses including personal services, business and professional offices and residential uses; and
WHEREAS, the proposed Project complies with all objective standards of the SPECR/D district and the D sub-district with the approval of the variance; and WHEREAS, the findings and conditions for the revision of the variance expiration would ensure that all City requirements are applied consistently and correctly as part of the project’s variance extension implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
WHEREAS, the approval of the revision to extend the variance expiration is consistent with the City Council’s previous approval of the project and allows the project to be implemented; and
WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and
B1

ATTACHMENT B
Page J-3.208
Resolution No. 2022-XX
2 WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and WHEREAS, the City had previously prepared and certified the Program Environmental Impact Report for adoption of the Specific Plan (“Specific Plan EIR”) and prepared a checklist for the original variance request and overall project detailing that no new effects could occur and no new mitigation measures would be required; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on May 13, 2022, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the variance revision.

WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter voted affirmatively to approve the findings and conditions for the Variance revision; and

NOW, THEREFORE, THE MENLO PARK PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:

Section 1. Recitals. The Planning Commission has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the Planning Commission finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. Variance. The Planning Commission approves the Variance revision, which is depicted in, and subject to the development plans and documents which are attached hereto and incorporated herein by this reference as Exhibit A. The Variance is conditioned in conformance with the conditions attached hereto and incorporated herein by this reference as Exhibit B.

Section 3. ENVIRONMENTAL REVIEW. The Planning Commission makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. Make findings with regard to the California Environmental Quality Act (CEQA) that the proposal is within the scope of the project covered by the El Camino Real/Downtown Specific Plan Program EIR, which was certified on June 5, 2012. Specifically, make findings that:

B2 Page J-3.209
Resolution No. 2022-XX
3 a. A checklist was prepared for the original variance request and overall project detailing that no new effects could occur and no new mitigation measures would be required.
b. Relevant mitigation measures were incorporated into the project through the Mitigation Monitoring and Reporting Program.
c. Upon completion of project improvements, the Specific Plan Maximum Allowable Development will be adjusted by 4 residential units and 20,328 square feet of non-residential uses, accounting for the project's net share of the Plan's overall projected development and associated impacts.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

I, Corinna Sandmeier, Acting Principal Planner and Planning Commission Liaison of the City of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on June 13, 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 13th day of June, 2022
______________________________
Corinna Sandmeier
Acting Principal Planner and Planning Commission Liaison City of Menlo Park
Exhibits
A. Project Plans
B. Conditions of Approval
B3 Page J-3.210
706-716 Santa Cruz Avenue – Attachment B: Exhibit B - Conditions PAGE: 1 of 1
LOCATION: 706-716
Santa Cruz Avenue
APPLICATION:

PLN20222-00006
APPLICANT: Phillip
Hyndman
OWNER: 706-716
Santa Cruz Ave, LLC
PROJECT CONDITIONS – REVISION TO THE VARIANCE:

1. The revision to the approved variance shall be subject to all conditions that were included in the City’s Council’s January 28, 2020 approval of the variance and associated entitlements, except that the expiration date of the variance is extended to January 28, 2024.

EXHIBIT B
B4 Page J-3.211
City of Menlo Park
706 Santa Cruz
Location Map
Scale: 1:4,000 Drawn By: FNK Checked By: CDS Date: 6/13/2022 Sheet: 1

ATTACHMENTC
C1 Page J-3.212

ATTACHMENT D
D1 Page J-3.213
D2 Page J-3.214
D3 Page J-3.215
D4 Page J-3.216
D5 Page J-3.217
D6 Page J-3.218
D7 Page J-3.219
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D9 Page J-3.221
D10 Page J-3.222
D11 Page J-3.223
D12 Page J-3.224
D13 Page J-3.225
D14 Page J-3.226
D15 Page J-3.227
D16 Page J-3.228
D17 Page J-3.229
D18 Page J-3.230
D19 Page J-3.231
D20 Page J-3.232
D21 Page J-3.233
D22 Page J-3.234
D23 Page J-3.235
D24 Page J-3.236
D25 Page J-3.237
D26 Page J-3.238
D27 Page J-3.239
D28 Page J-3.240
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D30 Page J-3.242
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706 SANTA CRUZ AVENUE
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ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS D72 Page J-3.284

ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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SITE ACCESS

LOCATION
706 SANTA CRUZ AVE. MENLO PARK, CA*ALL MATERIAL TO BE JUST IN TIME DELIVERY UNTILUNDERGROUND BASEMENT IS CONSTRUCTED WITH WORKINGFIRE SPRINKLERS. CP-1 Tentative crane Location. Final location to bedetermined during permitapproval process.

TruckUnloadingLocation
D80 Page J-3.292
Phase 1 Demo Building & Parking
Lot Area
706 Santa Cruz Ave. Menlo Park, CA
PHASE 1 DEMOBUILDING & PARKINGLOT
CP-2
D81 Page J-3.293
PHASE 2 SHORING AND MASS

EXCAVATION
706 Santa Cruz Ave. Menlo Park, CA
PHASE 2 SHORING/ MASSEXCAVATION
CP-3
D82 Page J-3.294
PHASE 3 FOOTINGS / SLAB /
PODIUM
706 Santa Cruz Ave. Menlo Park, CA
PHASE 3FOOTINGS / SLAB /PODIUM
CP-4
D83 Page J-3.295
706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 4 ERECT STEEL / METAL STUD/ ROOF
Phase 4 - Erect Steel / MetalStud / Roof CP-5
D84 Page J-3.296
706 SANTA CRUZ AVE. MENLO PARK,
CA
PHASE 5EXTERIOR SKIN / INTERIORBUILD-OUT
Phase 5 - Exterior Skin/ /Interior Build-Out CP-6
D85 Page J-3.297
CP-7
D86 Page J-3.298
Fencing
Pedestrian/ Scaffold Tunnel
706 Santa Cruz Ave. Menlo Park, CA
24' 24'
CP-8
D87 Page J-3.299
January 28, 2022
May 25, 2022 (revised)
To: Fahteen N. Khan
Assistant Planner
City Hall - 1st Floor
701 Laurel St
650-330-6739
Re: 706 Santa Cruz Avenue (PLN2016-00111) Form4 Project No. 18080.00 Variance Approval Second Extension
To whom it may concern,
On January 28, 2020, the Menlo Park City Council approved architectural control, a variance for skylights, and a major subdivision for the subject property consisting of underground parking, retail and commercial uses, and residential dwelling units above. In March of 2021 the variance approval was extended to January 28, 2022.

This is a variance that was granted for architectural skylights proposed that will not be visible from the street, and without the need for other portions of the building to exceed planning height restrictions.

The applicant is currently in the process of securing financing for the project before authorizing the architects and engineers to finalize our construction documents services. Once these services are authorized, the permit application process is estimated to take approximately 6-8 months.

In the meantime, we have been informed that the major subdivision extension may be extended by 2 years pursuant to Gov. Code 66452.24. We respectfully request the Planning Commission consider approving a 2- year extension to the variance and the major subdivision, revising the deadline for building permit submittal to January 28, 2024, before these approvals expire.

Sincerely,
Philip Hyndman
Form 4 Architecture
Cc: James Tefend – Form4 Architecture
Vasile Oros – Owner

ATTACHMENT G
G1 Page J-3.300
1 PLANNING COMMISSION RESOLUTION NO. 2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MENLO PARK RECOMMENDING THAT THE CITY COUNCIL

APPROVE A TWO-YEAR EXTENSION OF A VESTING TENTATIVE

MAP ASSOCIATED WITH A MAJOR SUBDIVISION NOT TO EXCEED

FOUR RESIDENTIAL CONDOMINIUM UNITS AND ONE

COMMERCIAL AREA, WITH RIGHTS RESERVED FOR UP TO TEN
COMMERCIAL CONDOMINIUM UNITS.

WHEREAS, the City of Menlo Park (“City”) received an application requesting a twoyear extension of a vesting tentative map associated with a major subdivision not to exceed four residential condominium units and one commercial area, with rights reserved for up to ten commercial condominium units, and to extend the expiration date of an approved variance by two years to continue to allow skylights on the third floor of a previously approved three-story, mixed-use building to exceed the 38-foot height limit in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Phillip Hyndman (“Applicant”), on behalf of the property owner 706-716 Santa Cruz Ave, LLC (“Owner”), located at 706-716 Santa Cruz Avenue (APN 071-102-250) (“Property”). The vesting tentative map is depicted in and subject to the development plans and documents which are attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and the El Camino Real Downtown (D) sub-district, which supports a variety of uses including personal services, business and professional offices and residential uses; and
WHEREAS, the proposed vesting tentative map extension complies with all objective standards of the SP-ECR/D district and D sub-district; and WHEREAS, the findings and conditions for the vesting tentative map extension would ensure that all City requirements are applied consistently and correctly as part of the project’s implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
WHEREAS, the approval of the vesting tentative map extension is consistent with the City Council’s approval of the project and allows the project to be implemented; and WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and











 

ATTACHMENT F Page J-3.301
Resolution No. 2022-06
2 WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and WHEREAS, the City had previously prepared and certified the Program Environmental Impact Report for adoption of the Specific Plan (“Specific Plan EIR”) and prepared a checklist for the original vesting tentative map request and overall project detailing that no new effects could occur and no new mitigation measures would be required; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on May 13, 2022, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to making a recommendation to the City Council on the proposed vesting tentative map extension.

WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter voted affirmatively to recommend to the City Council of the City of Menlo Park to approve the findings and conditions for the vesting tentative map extension; and

NOW, THEREFORE, THE MENLO PARK PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:

Section 1. Recitals. The Planning Commission has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the Planning Commission finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. Vesting Tentative Map Extension. The Planning Commission recommends that the City Council approve the vesting tentative map extension for the Project (Exhibit A) and the associated conditions of approval attached hereto as Exhibit B and incorporated herein by this reference.

Section 3. ENVIRONMENTAL REVIEW. The Planning Commission recommends that the City Council make the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. Make findings with regard to the California Environmental Quality Act (CEQA) that the proposal is within the scope of the project covered by the El Camino 










 

Page J-3.302
Resolution No. 2022-06
3 Real/Downtown Specific Plan Program EIR, which was certified on June 5, 2012. Specifically, make findings that:
a. A checklist was prepared for the original vesting tentative map and overall project detailing that no new effects could occur and no new mitigation measures would be required.
b. Relevant mitigation measures were incorporated into the project through the Mitigation Monitoring and Reporting Program.
c. Upon completion of project improvements, the Specific Plan Maximum Allowable Development will be adjusted by 4 residential units and 20,328 square feet of non-residential uses, accounting for the project's net share of the Plan's overall projected development and associated impacts.

NOW, THEREFORE, BE IT RESOLVED THAT, ON THE BASIS OF THE ABOVE

FINDINGS AND THE ENTIRE RECORD, THE PLANNNG COMMISSION

RECOMMENDS THAT THE CITY COUNCIL MAKES THE FOLLOWING ADDITIONAL FINDINGS IN SUPPORT OF THE RECOMMENDED APPROVAL:

B. Regarding the application requesting approval of Vesting Tentative Map Extension, the City Council finds that:
a. The proposed vesting tentative map extension does not modify any of the original Vesting Tentative Map’s design, and therefore, all of the findings made on the original Vesting Tentative Map (City Council Resolution No. 6535) are still valid and apply to this extension; and
b. All conditions of approval in City Council Resolutions No. 6535, not otherwise modified by this resolution, are still in effect.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

I, Corinna Sandmeier, Acting Principal Planner and Planning Commission Liaison of the City of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on June 13, 2022, by the following votes:

AYES: Barnes, DeCardy, Do, Harris, Riggs, Tate, Thomas
NOES: None
ABSENT: None











 

Page J-3.303
Resolution No. 2022-06
4 ABSTAIN: None
IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this 13th day of June, 2022
______________________________
Corinna Sandmeier
Acting Principal Planner and Planning Commission Liaison City of Menlo Park
Exhibits
A. Project Plans
B. Conditions of Approval











 

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JOINT TRENCH TITLE SHEET
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PROJ. NO:SCALE:PM:DRAWN BY:CHECKED BY:SHEET: OF:

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RELOCATION 2 J. CAZARES 19-969 J. KLEIN
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
Tel (925) 682-1114
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Page J-3.369

JOINT TRENCH INTENT
1" = 20'
JT-22
PROJ. NO:SCALE:PM:DRAWN BY:CHECKED BY:SHEET: OF:

CALIFORNIA
LAST UPDATED:DRAWING NO:

DATE: REVISION DELTA NO:

RELOCATION 2 J. CAZARES 19-969 J. KLEIN
MENLO PARK 706-716 SANTA CRUZ AVE LLC
706 SANTA CRUZ AVENUE
09-05-2019
2#460'45
7901 STONERIDGE DRIVE, SUITE 200 PLEASANTON, CA 94588
Tel (925) 682-1114
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ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS 










 

Page J-3.376

ALL SOLDIER PILES TO BE

LOCATED OUTSIDE OF THEPUBLIC RIGHT OF WAY ANDWITHIN PROPERTY LINES PERCITY OF MENLO PARKREQUIREMENTS 










 

Page J-3.377

ALL SOLDIER PILES TO BE

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Page J-3.378

ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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ALL SOLDIER PILES TO BE

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SITE ACCESS

LOCATION
706 SANTA CRUZ AVE. MENLO PARK, CA*ALL MATERIAL TO BE JUST IN TIME DELIVERY UNTILUNDERGROUND BASEMENT IS CONSTRUCTED WITH WORKINGFIRE SPRINKLERS. CP-1 Tentative crane Location. Final location to bedetermined during permitapproval process.

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Phase 1 Demo Building & Parking
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PHASE 2 SHORING AND MASS

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706 Santa Cruz Ave. Menlo Park, CA
PHASE 2 SHORING/ MASSEXCAVATION
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PHASE 3 FOOTINGS / SLAB /
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706 Santa Cruz Ave. Menlo Park, CA
PHASE 3FOOTINGS / SLAB /PODIUM
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706 SANTA CRUZ AVE. MENLO PARK,
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706 SANTA CRUZ AVE. MENLO PARK,
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PHASE 5EXTERIOR SKIN / INTERIORBUILD-OUT
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Fencing
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706-716 Santa Cruz Avenue – Exhibit B - Conditions
PAGE: 1 of 1
LOCATION: 706-716
Santa Cruz Avenue
APPLICATION:

PLN20222-00006
APPLICANT: Phillip
Hyndman
OWNER: 706-716
Santa Cruz Ave, LLC
PROJECT CONDITIONS – VESTING TENTATIVE MAP EXTENSION:

1. The vesting tentative map extension shall be subject to all conditions that were included in the City’s Council’s January 28, 2020 approval of the vesting tentative map and associated entitlements, except that the expiration date of the vesting tentative map is extended to January 28, 2024. 










 

Page J-3.392
Library and Community Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:

Regular Business:
7/26/2022
22-144-CC
Authorize the city manager to execute an
amendment to the professional services agreement
with Team Sheeper, Inc. for continued operation of
Burgess Pool through August 31, 2023
Recommendation
City staff recommends that City Council authorize city manager to execute an amendment (Third Amendment – Attachment A) to the professional services agreement (Agreement) between the City of Menlo Park (City) and Team Sheeper, Inc. (Provider) for continued operation of Burgess Pool, as follows:

1. Section 3 (Term) of the Agreement dated March 27, 2018, is repealed it its entirety and replaced with the following language: The term of this Agreement shall terminate August 31, 2023.

2. Except to the extent expressly modified by this Third Amendment, the terms of the Agreement, as amended by the first amendment and second amendment, shall remain effective without impairment or modification.

3. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one amendment.

Policy Issues
City Council provides policy direction to the city manager regarding services to the community; authorizes the city manager and city attorney to negotiate and execute professional services Agreements with service providers; and sets prioritization for the use of City resources to serve the community.

Background
On June 28, City Council reaffirmed its direction to staff to negotiate with Provider to execute an extension of the current Agreement’s term through August 31, 2023 or the opening of the Menlo Park Community Campus aquatic center, whichever comes first; and provided staff some discretion to negotiate the details of various other terms that Provider had requested. The current Agreement is attached in Attachment B. Also June 28, City Council directed staff to continue preparations to issue a single request for proposals (RFP) for an aquatics operator at Burgess Pool and the future Menlo Park Community Campus (MPCC) aquatics center, to which Provider would be invited and encouraged to respond (Attachment C.) Analysis
On July 12, Provider informed City staff that Provider is amenable to extending the current Agreement’s duration for 12 additional months ending August 31, 2023, without the possibility of ending the Agreement sooner than August 31, 2023 due to the opening of the new MPCC facility. Provider also informed City staff that Provider will withdraw its request to remove Burgess Pool from the upcoming RFP. Staff believes that Provider’s proposal is substantively consistent with City Council direction, and City staff recommends that Page K-1.1
Staff Report #: 22-144-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council accept the proposal and authorize and city manager to execute a Third Amendment to the Agreement with these terms (Attachment A.)
If the Third Amendment is not executed and the current Agreement expires August 31, 2022, Burgess Pool would be temporarily closed until a new operator is identified. Given the complexity and risk involved in the aquatics operation, staff estimates it could take several months to secure a new operator and restart services, for example through the RFP process previously directed by City Council. For these reasons, any temporary closure would likely extend into 2023.

If City Council approves staff’s recommendation to execute the Third Amendment, there would be no service interruption at Burgess Pool August 31. Continuing Provider’s services at Burgess Pool for 12 additional months would allow the City to focus on developing and implementing the aquatics program through the RFP process in preparation for the MPCC aquatics center opening. Additionally, the Third Amendment would be responsive to the expressed desire by many current Burgess Pool users to continue Provider’s services at Burgess Pool at this time.

Impact on City Resources
In the current Agreement, the City is responsible for maintenance of the Burgess Pool facility including recurring expenditures for mechanical maintenance and repairs, custodial and landscaping services, utilities (water, sewer, electricity, gas, telephone and internet), and pool maintenance chemicals and supplies; and one-time expenditures for equipment replacements and minor facility renovations. Total expenses were approximately $645,000 in fiscal year 2021-22.

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 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. Third Amendment – draft proposed
B. Agreement – existing
C. Hyperlink – June 28, 2022, City Council agenda item, G2. (page 298):
beta.menlopark.org/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20220628-city-council-agenda-packet.pdf Report prepared by:

Sean Reinhart, Library and Community Services Director
Report reviewed by:

Justin Murphy, City Manager
Nira Doherty, City Attorney
Page K-1.2

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Third Amendment to Professional Services Agreement (“Third Amendment”) is made and executed as of July 26, 2022, by and between the City of Menlo Park, a municipal corporation (“City”) and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein collectively as “Parties.” This Third Amendment modifies the Professional Services Agreement dated March 27, 2018 by and between the Parties regarding the provision of recreational aquatics programming (“Agreement”), as amended by the First Amendment to Professional Services Agreement dated June 9, 2020 (“First Amendment”) and the Second Amendment to Professional Services Agreement dated September 15, 2020 (“Second Amendment”).

RECITALS
The City and Provider are entering into this Third Amendment based on the following facts, understandings and intentions:

A. The Parties desire to continue Provider’s services at Burgess Pool through August 31, 2023.

NOW THEREFORE, the Parties agree as follows:

1. Section 3 (Term) of the Professional Services Agreement dated March 27, 2018 is repealed it its entirety and replaced with the following language: The term of this Agreement shall terminate on August 31, 2023.

2. Except to the extent expressly modified by this Third Amendment, the terms of the Agreement, as amended by the First Amendment and Second Amendment, shall remain effective without impairment or modification.

3. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one amendment.

IN WITNESS WHEREOF, the Parties have executed this Third Amendment by their duly authorized officers as of the date first set forth above.

CITY OF MENLO PARK
By: _____________________________
ATTACHMENT A Page K-1.3
Approved as to Form:
________________________________
City Attorney
ATTEST:
___________________
City Clerk

TEAM SHEEPER, INC
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer
Approved as to Form:
___________________________________
Attorney for Team Sheeper
Page K-1.4

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Second Amendment to Professional Services Agreement (“Second Amendment”) is made and executed as of September 15, 2020, by and between the City of Menlo Park, a municipal corporation (“City”) and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein collectively as “Parties.” This Second Amendment modifies the Professional Services Agreement dated March 27, 2018 by and between the Parties regarding the provision of recreational aquatics programming (“Agreement”), as amended by the Amendment to Professional Services Agreement dated June 9, 2020 (“First Amendment”).

RECITALS
The City and Provider are entering into Second this Amendment based on the following facts, understandings and intentions:

A. On March 27, 2018, the Parties entered into the Agreement whereby Provider agreed to provide recreational aquatics programming at Burgess and Belle Haven Pools in the City of Menlo Park.

B. On February 24, 2020, by mutual written agreement, the Parties agreed to terminate Provider’s services at the Belle Haven Pool effective October 1, 2020 due to a pending construction project at the Onetta Harris Community Center.

C. The Agreement was renewed for an Extended Term that expires on August 31, 2021 with respect to the Burgess Pool.

D. The Parties desire to extend the Provider’s services at the Belle Haven Pool until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first.

NOW THEREFORE, the Parties agree as follows:

1. Provider shall continue to provide services at the Belle Haven Pool in accordance with the terms and conditions of the Agreement, as amended by the First Amendment, until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first. If terminated prior to the expiration of the Extended Term, the City will provide at least 30 days written notice to Provider of the date that construction will commence at the Onetta Harris Community Center and Provider’s services at the Belle Haven Pool will be terminated.

2. The City shall continue to pay Provider the Belle Haven Management Fee until the Extended Term of the Agreement expires on August 31, 2021 or until construction commences at the Onetta Harris Community Center, whichever occurs first.

3. Except to the extent expressly modified by this Second Amendment, the terms of the Agreement, as amended by the First Amendment, shall remain effective without impairment or modification.
3035.2
DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 ATTACHMENT B Page K-1.5

4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one amendment.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their duly authorized officers as of the date first set forth above.

CITY OF MENLO PARK
By: _____________________________
Approved as to Form:
________________________________
Interim City Attorney
ATTEST:
___________________
City Clerk

TEAM SHEEPER, INC
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer
Approved as to Form:
___________________________________
Attorney for Team Sheeper
DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.6

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Amendment to Professional Services Agreement (“Amendment”) is made and executed as of June 9, 2020, by and between the City of Menlo Park, a municipal corporation (“City”) and Team Sheeper, Inc., a California S Corporation (“Provider”), referred to herein individually as “Party” and collectively as “Parties.” This Amendment modifies the Professional Services Agreement dated March 27, 2018 by and between the Parties regarding the provision of recreational aquatics programming (“Agreement”) and will become effective upon the approval by the City of the reopening the Burgess and Belle Haven Pools in accordance with the standards set by the San Mateo County Health Officer, as provided below.

RECITALS
The City and Provider are entering into this Amendment based on the following facts, understandings and intentions:

A. On March 27, 2018, the Parties entered into the Agreement whereby Provider agreed to provide recreational aquatics programming at Burgess and Belle Haven Pools in the City of Menlo Park.

B. On February 24, 2020, by mutual written agreement, the Parties agreed to terminate the Belle Haven Pool service effective October 1, 2020 in light of a pending construction project at the Onetta Harris Community Center.

C. On March 4, 2020, the Governor of the State of California declared a state of emergency to help the state prepare for the spread of the novel coronavirus named COVID-19.

D. On March 10, 2020, the San Mateo County Health Officer issued a statement that evidence existed of widespread community transmissions of COVID-19 in San Mateo County.

E. On March 11, 2020, the City Council of the City of Menlo Park declared a local emergency based on the COVID-19 world pandemic. Effective immediately, all City facilities were closed to the public.

F. Effective March 12, 2020, Provider closed the Burgess Pool for all services with the goal of keeping people safe and preventing the spread of COVID-19.

G. On March 16, 2020, the San Mateo Health Officer issued an order that, among other things, directed all individuals currently living within San Mateo County to shelter in their place of residence and authorized individuals to leave their residences only for certain essential activities (“Shelter-in-Place Order”).

H. On March 27, 2020, the City pursuant to City of Menlo Park Director of Emergency Services/City Manager Emergency Order No. 2 (“Order No. 2”) closed all public facilities including the Burgess Pool and the Belle Haven Pool to help slow the spread of COVID-19.

DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 3035.1 Page K-1.7
I. The State of California has developed a resilience roadmap that identifies four stages to reopening: stage 1 (safety and preparedness), stage 2 (lower risk workplaces), stage 3 (higher risk workplaces), and stage 4 (end of stay at home order).

J. On May 15, 2020 the San Mateo County Health Officer issued a revised Shelter-inPlace Order, inclusive of appendixes, that in this second stage allows the reopening of public pools subject to certain safety precautions (“Revised Order”). A copy of the Revised Order is attached hereto as Exhibit A. The Revised Order was subsequently amended on May 29 to allow, with restrictions and safety measures, places of worship to hold services and retail stores to allow customers inside. The Parties anticipate that the County of San Mateo will continue to issue revised orders during this time of local emergency.

K. On May 19, 2020, Provider submitted a plan to the City to operate the Burgess Pool in accordance with the Revised Order, but it was not legal to reopen based on the City's March 11, 2020 declaration of emergency and Order No. 2 closing public facilities, including the Burgess and Belle Haven pools. On June 2, Provider submitted a revised plan to reopen both the Burgess Pool and the Belle Haven Pool attached hereto as Exhibit B.

L. The Parties desire to provide for a reopening process for the Burgess Pool and the Belle Haven Pool in the event the Director of Emergency Services modifies Order No. 2 and allows the opening of public facilities.

M. The City and Provider desire to enter into this Amendment to memorialize the process of reopening the Burgess Pool and Belle Haven Pool throughout the stages, until the local emergency is terminated.

NOW THEREFORE, the Parties agree as follows:

1. The Parties agree that given the above described conditions, Provider has been unable to perform the Services described in the Agreement since March 12, 2020. The Parties further agree that until the City modifies Order No. 2, Provider is not legally allowed by the City to operate because public facilities are closed. The Parties further agree that the Agreement is in full force and effect and neither Party is in default.

2. The parties agree that Provider will resume services under the Agreement within five days, or earlier, of the Emergency Director’s modification of Order No. 2 to allow the re-opening the pools.

3. While the local emergency is in effect, Provider shall adhere to the social distancing protocols and best practices established by the County of San Mateo Health Officer on May 15, 2020, a copy of which is attached hereto and incorporated herein as Exhibit C, and as may be modified from time to time. In addition, Provider shall comply with all legally required safety precautions identified in the Revised Order and any future orders issued by the Governor, the San Mateo County Health Officer or the City of Menlo Park affecting public swimming pools. Safety precautions include but are not limited to the use of personal protective equipment, social distancing requirements, symptom checks and tracking attendance. Furthermore, Provider shall continue to comply with any and all city, DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.8
county, state and federal laws and regulations related to pool and aquatic program operations as required by the Agreement.

4. It is of critical importance to the City that the Belle Haven Pool be reopened at the same time as the Burgess Pool to ensure that recreational aquatics opportunities are available to the whole community. Provider agrees to reopen both the Burgess Pool and the Belle Haven Pool concurrently within five days or earlier from the modification of Order No. 2 allowing the reopening of the pools, consistent with the phases identified in the Provider’s reopening plan, attached hereto as Exhibit B and provide any and all services included in the Scope of Services which are legally allowable pursuant to the Revised Order, including but not limited to lap swim. The use of the locker rooms is not allowed in the second phase of reopening. Limited use of bathrooms will be provided for as documented in Exhibit B.

5. Provider agrees to increase the services and provide any and all services included in the Scope of Services at both the Burgess Pool and the Belle Haven Pool as soon as provision of such services is both legally allowable pursuant to any state, county or local law and Provider is reasonably able to comply with any and all legally required safety precautions.

SOLO swim team will be allowed to return to pool usage as soon as the Provider and SOLO agree upon and can accommodate the safety precautions required by San Mateo County Health Order. Prior to use of the pool, SOLO shall acknowledge in writing its acceptance of such precautions and agreement to abide by the terms of this Amendment.

The City understands that the application of required safety precautions at the Burgess and Bell Haven pools is nuanced and that it is possible that activities that are allowed under existing health orders and directives may still be deemed unsafe by the Provider.

In such situation, Provider shall provide written notice to and obtain consent, which may not be unreasonably withheld, from the City Manager or her designee for such adjustments.

6. In accordance with Paragraph 6 of the Agreement, the Parties will work together during the second and third stage to modify operations, access and schedule as appropriate.

Provider agrees to provide weekly reports regarding capacity, residents/non-residents use, and fee subsidies provided for each pool and the Parties agree to meet and confer as necessary to address any issues. Any schedule modifications shall be subject to approval by the City Manager or her designee and shall be acted on within a commercially reasonable time (typically within 48 hours of request) and shall not be unreasonably withheld. The Parties acknowledge that the situation relative to COVID-19 may change rapidly and the stage may be increased or decreased. The Parties agree to allow a commercially reasonable time to respond to requests for modification. If the City returns to stage one and public facilities are again closed, Provider will cease operations immediately without need for a modification request.

7. The term of this Amendment shall continue until the fourth stage of the County’s Orders and the City’s termination of the local emergency after which time this Amendment will terminate and the Agreement will continue unamended.

8. The City shall pay the Provider the Belle Haven Management Fee for the period beginning June 1, 2020 through the pool’s scheduled closing on October 1, 2020, as previously agreed.

DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.9

9. Provider shall be granted access to the Burgess Pool and Belle Haven Pools only for preparation for opening no later than Friday June 5 through Tuesday June 9 and then after the Emergency Director’s modification of Order No. 2 reopening the pools. Any time and expense to prepare the use of the pool prior to the modification of Order No. 2 shall be Provider’s sole cost and expense understanding Order No. 2 may or may not be modified on June 9.

10. The Parties acknowledge that the COVID-19 crisis has placed Provider in a precarious financial position. Nevertheless, Provider is prepared to move forward and open the pools.

In consideration of this Amendment, Provider shall have the right to terminate this Amendment and the original Agreement upon demonstrating to the City Manager that continuing operation would not be financially feasible with 30 days written notice provided to City.

11. In addition to the indemnification identified in Paragraph 24 of the Agreement, Provider specifically agrees to indemnify and hold the City, its Council, Commissions, agents, officers, volunteers or employees harmless from any and all claims, legal action or causes of action related to contraction of the COVID-19 virus at either pool alleged by any source, including but not limited to Provider’s employees and pool patrons, during Provider’s use of the Premises. Provider’s indemnification obligation as set forth herein will include any and all costs, expenses, attorneys’ fees and liability incurred by the Provider or any person in defending against such claims, whether the same proceed to judgment or not. The Provider will, at its own expense and upon written request by the City, defend any such suit or action brought against the City, its Council, Commissions, members, agents, officers, volunteers or employees. This section will survive the expiration or termination of this Amendment. This indemnity obligation will not cover any COVID-19 related claims that are based on the actions or negligence of the City, its employees, representatives or contractors (other than the Provider and its employees, subcontractors and agents).

12. Except to the extent expressly modified by this Amendment, the terms of the Agreement shall remain effective without impairment or modification.

13. This Agreement shall be effective only if the City allows Provider to open the pools in accordance with the San Mateo County Health officer's guidelines on or before June 12, 2020.

14. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one Amendment.

IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized officers as of the date first set forth above.

CITY OF MENLO PARK
By: _____________________________
DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.10
Approved as to Form:
________________________________
Interim City Attorney
ATTEST:
___________________
City Clerk
TEAM SHEEPER, L.L.C.
501 Laurel Street
Menlo Park, CA 94025
By: ________________________________
Tim Sheeper, Chief Executive Officer
Approved as to Form:
___________________________________
Attorney for Team Sheeper

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Order No. c19-5d – Appendix C-2: Allowed Additional Activities May 15, 2020
General Requirements
The “Additional Activities” listed below may resume, subject to the requirements set forth in the Order and to any additional requirements set forth below or in separate guidance by the Health Officer. These activities were selected to implement an initial measured expansion of activity based on health-related considerations including the risks of COVID-19 transmission associated with types and modes of activity, the ability to substantially mitigate transmission risks associated with the operations, and related factors, such as the following:
 Increase in mobility and volume of activity—the overall impact resumption of the activity will have on the number of people leaving their homes and interacting with others in the community;  Contact intensity—the type (close or distant) and duration (brief or prolonged) of the contact involved in the activity;
 Number of contacts—the approximate number of people that will be in the setting at the same time;  Modification potential—the degree to which mitigation measures can decrease the risk of transmission.

List of Additional Activities
Notwithstanding Section 15.a regarding outdoor recreation areas and shared recreation facilities, for the purposes of this Order Additional Activities include the following:
(1) Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities may be opened, but only if they are actively monitored and managed to ensure that the facility is either (1) only used by members of the same household or (2) used in a manner that ensures that all social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced. Any measures put in place must be reflected in the required posted written protocols.
a. Basis for Addition. Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities that are actively managed and monitored in a manner that ensures that the social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced, the likelihood of transmission is significantly reduced.

EXHIBIT A
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1 Team Sheeper
Burgess and Belle Haven Pool
Covid-19 Operations
2020 Reopening
Standard Operating Procedures

EXHIBIT B
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2 Table of Contents
General Operations…………………………………………………3
Introduction
Phases in Reopening

Facility Operations Burgess and Belle Haven Pools..……….4 San Mateo County Operating Guidelines
Entrance/ Exiting
Locker rooms/Restrooms
Cleaning Program
Staff Operations……………………………………………………11
Daily Health checks
Covid-19 Positive Operations
Daily PPE Requirements

Emergency Operations…………………………………………...12
EAP
Rescues
Patient Care
Daily PPE/Disposal of PPE
Program Operations………………………………………………16
Lap Swimming
Open Swim
Swim Lessons
Camps
Boot Camps
Aqua-Fit

Exhibits………………………………………………………………………..19
A. Facility Map Burgess and Belle Haven
B. Health Check Form
C. Thermometers
D. General PPE information
E. County Required Documents
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3 General Operations
Introduction
This document has been created to operate under the safety guidelines for covid -19 to ensure the safety of staff and participants. These policies and procedures will outline staff, consumer and facility operations. This document will be updated regularly as County, City, CDC guidelines change for the covid-19 response. Our company will align daily on updates and new guidelines, and this document will change as those guidelines are updated.

Phases in Reopening
These Phases are subject to change depending on county and city guidelines. The plan outlines what could be possible for us to offer to the community under current guidelines but could change as far as timeline.

Phase 1.

This phase will open the facility with minimal programming. The programming will be limited to Lap Swimming and Summer Camps. This will ensure that the facility is operating in a manner that is safe for all and will be able to adhere to county guidelines.

We hope to move to phase 2 fairly quickly, once operations are smoothly operating.

Phase 2.

This phase will begin to add small amounts of programming within the facility. These programs will be Masters Swimming, Swim Lessons and Open Swim for families in the same household in designated areas for their family. Again, this phase will last as long as it takes for smooth operations, then the next phase will be undertaken.

Phase 3.

Phase 3 will consist of adding in Aqua-fit, potential locker rooms, more restroom usage for patrons, showers, front office and youth sports.

Phase 4.

This phase will only happen when guidelines allow normal operations with full programing. This will include continued enhanced cleaning and disinfecting. This phase will continue to modify all programing as guided by the county and city recommendations.

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4 Facility Operations
San Mateo County Operating Guidelines
A letter from the San Mateo County Health Department
Dear Pool Owners,
On Friday, May 15, 2020, the San Mateo County Pool Program received the Health Officer’s Order regarding the reopening of public pools. We are excited that San Mateo County residents now have a new option for exercise during this unprecedented time. Spas must continue to remain closed per this Order.

We received many inquiries about how to safely open public pools. The attached documents are guidelines for you to use as a reference. The Order must be adhered to in its entirety while allowing your pool to operate. You must post PROTOCOLS (unique to pools per Appendix C-2) and include all required information for PROTOCOLS FOR BUSINESSES (per May 15 Order, bullet 15.h), and SIGNAGE (per May 15 Order, bullet 15.h.vii). We have attached samples to assist you, but you can create your own. Protocols and signage must be posted conspicuously at the gate entry or other easily viewable location for patrons and law enforcement to review.

We recommend that these documents be laminated or placed in plastic sleeves to prevent deterioration or water damage.

Refer to the attachments for details. Feel free to add additional protocols in the attached samples for further safe practices.

Highlights to remember:
• Pool operators (i.e., HOA, apartment and hotel management) are legally responsible for ensuring the pool’s operation is compliant with the Order and must actively manage the pool’s
operation and compliance with the Order.
• Gatherings are still prohibited (i.e., the pool deck cannot be open for lingering/loitering of nonfamily members)
• Minimum of 6-foot Social Distancing (100% requirement, in and out of the pool) • Face coverings are mandatory when not in the pool
• Locker rooms cannot be occupied
• Restrooms, if open, must have a rigorous cleaning and disinfection protocol DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.16
5 • Equipment in the pool area, including deck furniture, must be wiped down after EACH use
We will be resuming our inspections but will leave if site conditions are unsafe for our staff. If this occurs, you may be charged a reinspection fee.

Don’t hesitate to contact our office (email: [email protected]) if you have any additional questions.

Sincerely,
San Mateo County Swimming Pool Program
Environmental Health Services San Mateo County Health (650) 372-6200 Order No. c19-5d – Appendix C-2: Allowed Additional Activities May 15, 2020 General Requirements
The “Additional Activities” listed below may resume, subject to the requirements set forth in the Order and to any additional requirements set forth below or in separate guidance by the Health Officer. These activities were selected to implement an initial measured expansion of activity based on health-related considerations including the risks of COVID-19 transmission associated with types and modes of activity, the ability to substantially mitigate transmission risks associated with the operations, and related factors, such as the following:
• Increase in mobility and volume of activity—the overall impact resumption of the activity will have on the number of people leaving their homes and interacting with others in the community;
• Contact intensity—the type (close or distant) and duration (brief or prolonged) of the contact involved in the activity;
• Number of contacts—the approximate number of people that will be in the setting at the same time;
• Modification potential—the degree to which mitigation measures can decrease the risk of transmission.

List of Additional Activities
Notwithstanding Section 15.a regarding outdoor recreation areas and shared recreation facilities, for the purposes of this Order Additional Activities include the following:

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6 (1) Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities may be opened, but only if they are actively monitored and managed to ensure that the facility is either (1) only used by members of the same household or (2) used in a manner that ensures that all social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced. Any measures put in place must be reflected in the required posted written protocols.
a. Basis for Addition. Indoor and outdoor pools, outdoor recreation areas, and outdoor shared recreation facilities that are actively managed and monitored in a manner that ensures that the social distancing, face covering and all other requirements (including the prohibitions against gathering and shared equipment), including Health Officer orders, are enforced, the likelihood of transmission is significantly reduced.

Burgess Pool
Entrance and Exiting Facility
Entrance
To enter the pool facility patrons must comply with county guidelines or will be refused service and not allowed to enter pool.

1.Social Distancing

2.Wearing a facemask

3.Temperature taken before entry
As patrons enter the facility there will be social distancing dots on the ground for them to line up at a minimum of 6ft apart. Patrons not wearing a mask will be asked to please put one on and if they do not have one, they will have to come back when they do have one. There will be a door monitor to ensure patrons are following facility guidelines.

Once patrons have confirmed lane reservation, they will be given a number of a lane and then taken to their appropriate lane. Swimmers will be spaced out on even and odd lanes. (See Exhibit)
Front Desk Entrance
The location of the front desk will be inside of the building where there will be two open doors to reduce high touch points in building. Patrons will wait outside the front desk area until called in by the entrance monitor. Staff will be trained and prepare to interact with the public in a safe manner. Staff will be required to wear a facemask at all times while on duty. There will be a plexiglass shield installed for the protection of the staff member and patron being served. All payments will be taken prior to patrons’ arrival via DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.18
7 registration system online or through our App on Apple or google store or the patron may call in to the pool to reserve a space in the pool.

Extra cleaning of this area will be done on an hourly bases to the entire front desk area.

Doors to the facility will be left open to ensure there is no high touch points for staff or patrons.

Exiting Pool
When Patrons lane time is up a whistle will sound and patrons will exit their lane, dress and exit through the back of the facility while continuing to follow social distancing guidelines. Patrons will have 5 minutes to exit pool and leave so that the next set of swimmers can be brought into the facility. There will be an exit door monitor to ensure no patrons enter in the through the exit and to ensure the safety of all exiting the facility.

Patrons will exit to the rear of the facility. See Exhibit Locker rooms
Locker rooms will be closed to the public for the unforeseen future (or phase 3). Patrons will have to come to the pool in their swimsuit prior to arrival to the pool.

Bathrooms
There will be one restroom available for patrons to use. This restroom with be disinfected after each use to ensure safety for anyone using the facility.

There will also be a staff restroom that will be closed to the public and will also be disinfected by a staff member after each use.

Belle Haven Pool
Entrance and Exiting Facility
Entrance
To enter the pool facility patrons must comply with county guidelines or will be refused service and not allowed to enter pool.

1.Social Distancing

2.Wearing a facemask

3.Temperature taken before entry
As patrons enter the facility there will be social distancing dots on the ground for them to line up at a minimum of 6ft apart. Patrons not wearing a mask will be asked to DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.19
8 please put one on and if they do not have one, they will have to come back when they do have one. There will be a door monitor to ensure patrons are following facility guidelines.

Once patrons have confirmed lane reservation, they will be given a number of a lane and then taken to their appropriate lane. Swimmer will be spaced out on even and odd lanes.

Front Desk Entrance
The location of the front desk will be inside building. Staff will be trained and prepare to interact with the public in a safe manner. Staff will be required to wear a facemask at all times while on duty. There will be a plexiglass shield installed for the protection of the staff member and patron being served. All payments will be taken prior to patrons’ arrival via registration system online or through our App on Apple or google store.

Extra cleaning of this area will be done on an hourly bases to the entire front desk area.

Doors to the facility will be left open to ensure there is no high touch points for staff or patrons.

Exiting Pool
When Patrons lane time is up a whistle will sound and patrons will exit their lane dress and exit through the back of the facility while continuing to follow social distancing guidelines. Patrons will have 5 minutes to exit pool and leave so that the next set of swimmers can be brought into the facility. There will be a exit door monitor to ensure no patrons enter in the through the exit and to ensure the safety of all exiting the facility.

Patrons will exit to the rear of the facility. See Exhibit Locker rooms
Locker rooms will be closed to the public for the unforeseen future (or phase 3). Patrons will have to come to the pool in their swimsuit prior to arrival to the pool.

Bathrooms
There will be one restroom available for patrons to use. This restroom with be disinfected after each use to ensure safety for anyone using the facility.

There will also be a staff restroom that will be closed to the public and will also be disinfected by a staff member after each use.

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9 Cleaning/Disinfecting Program
To ensure safe operations of the facility there will be an increase of frequency, documentation and training on proper cleaning, protection and frequency of the facility.

General cleaning guidelines from the CDC
How to clean and disinfect
Clean
• Wear disposable gloves to clean and disinfect.
• Clean surfaces using soap and water, then use disinfectant. • Cleaning with soap and water reduces number of germs, dirt and impurities on the surface. Disinfecting kills germs on surfaces.
• Practice routine cleaning of frequently touched surfaces. •
o More frequent cleaning and disinfection may be required based on level of use.
o Surfaces and objects in public places, such as shopping carts and point of sale keypads should be cleaned and disinfected before each use. • High touch surfaces include:
o Tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, sinks, etc.

Disinfect
• Recommend use of disinfectant
Follow the instructions on the label to ensure safe and effective use of the product.

Many products recommend:
o Keeping surface wet for a period of time (see product label). o Precautions such as wearing gloves and making sure you have good ventilation during use of the product.

Always read and follow the directions on the label to ensure safe and effective use.

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10 • Wear skin protection and consider eye protection for potential splash hazards • Ensure adequate ventilation
• Use no more than the amount recommended on the label
• Use water at room temperature for dilution (unless stated otherwise on the label) • Avoid mixing chemical products
• Label diluted cleaning solutions
• Store and use chemicals out of the reach of children and pets You should never eat, drink, breathe or inject these products into your body or apply directly to your skin as they can cause serious harm. Do not wipe or bathe pets with these products or any other products that are not approved for animal use. • Diluted household bleach solutions may also be used if appropriate for the surface.
o Check the label to see if your bleach is intended for disinfection and has a sodium hypochlorite concentration of 5%–6%. Ensure the product is not past its expiration date. Some bleaches, such as those designed for safe use on colored clothing or for whitening may not be suitable for disinfection.
o Unexpired household bleach will be effective against coronaviruses when properly diluted.

Follow manufacturer’s instructions for application and proper ventilation. Never mix household bleach with ammonia or any other cleanser.

Leave solution on the surface for at least 1 minute.
o To make a bleach solution, mix:
o 5 tablespoons (1/3rd cup) bleach per gallon of room temperature water OR
o 4 teaspoons bleach per quart of room temperature water • Bleach solutions will be effective for disinfection up to 24 hours. • Alcohol solutions with at least 70% alcohol may also be used.

Soft surfaces
For soft surfaces such as carpeted floor, rugs, and drapes • Clean the surface using soap and water or with cleaners appropriate for use on these surfaces.
• Launder items (if possible) according to the manufacturer’s instructions.Use the warmest appropriate water setting and dry items completely.

OR
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11 • Disinfect with an EPA-registered household disinfectant. These disinfectants meet EPA’s criteria for use against COVID-19. • Vacuum as usual.

Electronics
For electronics, such as tablets, touch screens, keyboards, remote controls, and ATM machines
• Consider putting a wipeable cover on electronics.
• Follow manufacturer’s instruction for cleaning and disinfecting. o If no guidance, use alcohol-based wipes or sprays containing at least 70% alcohol. Dry surface thoroughly.

Cleaning and disinfecting your building or facility if someone is sick • Close off areas used by the person who is sick.
o Companies do not necessarily need to close operations, if they can close off affected areas.
• Open outside doors and windows to increase air circulation in the area. • Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible.
• Clean and disinfect all areas used by the person who is sick, such as offices, bathrooms, common areas, shared electronic equipment like tablets, touch screens, keyboards, remote controls, and ATM machines.
• Vacuum the space if needed. Use vacuum equipped with high-efficiency particular air (HEPA) filter, if available.
o Do not vacuum a room or space that has people in it. Wait until the room or space is empty to vacuum, such as at night, for common spaces, or during the day for private rooms.
o Consider temporarily turning off room fans and the central HVAC system that services the room or space, so that particles that escape from vacuuming will not circulate throughout the facility.
• Once area has been appropriately disinfected, it can be opened for use. o Workers without close contact with the person who is sick can return to work immediately after disinfection.
• If more than 7 days since the person who is sick visited or used the facility, additional cleaning and disinfection is not necessary.
o Continue routing cleaning and disinfection. This includes everyday practices that businesses and communities normally use to maintain a healthy environment.

Cleaning and disinfecting outdoor areas
• Outdoor areas, like playgrounds in schools and parks generally require normal routine cleaning, but do not require disinfection.

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12 o Do not spray disinfectant on outdoor playgrounds- it is not an efficient use of supplies and is not proven to reduce risk of COVID-19 to the public. o High touch surfaces made of plastic or metal, such as grab bars and railings should be cleaned routinely.
o Cleaning and disinfection of wooden surfaces (play structures, benches, tables) or groundcovers (mulch, sand) is not recommended. • Sidewalks and roads should not be disinfected.
o Spread of COVID-19 from these surfaces is very low and disinfection is not effective.

When cleaning
• Regular cleaning staff can clean and disinfect community spaces. o Ensure they are trained on appropriate use of cleaning and disinfection chemicals.
• Wear disposable gloves and gowns for all tasks in the cleaning process, including handling trash.
o Additional personal protective equipment (PPE) might be required based on the cleaning/disinfectant products being used and whether there is a risk of splash.
o Gloves and gowns should be removed carefully to avoid contamination of the wearer and the surrounding area.
• Wash your hands often with soap and water for 20 seconds. o Always wash immediately after removing gloves and after contact with a person who is sick.
o Hand sanitizer: If soap and water are not available and hands are not visibly dirty, an alcohol-based hand sanitizer that contains at least 60% alcohol may be used. However, if hands are visibly dirty, always wash hands with soap and water.

Always read and follow the directions on the label to ensure safe and effective use. • Keep hand sanitizers away from fire or flame
• For children under six years of age, hand sanitizer should be used with adult supervision
• Always store hand sanitizer out of reach of children and pets • Additional key times to wash hands include:
o After blowing one’s nose, coughing, or sneezing.
o After using the restroom.
o Before eating or preparing food.
o After contact with animals or pets.
o Before and after providing routine care for another person who needs assistance (e.g., a child).

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13 Training: All staff will be retrained on cleaning practices and what safety precautions are needed to clean facilities. There will be an added segment to this on infections disease and how to prevent spread of bacteria and viruses in a safe manor.

Documentation: All employees must document the time and work done for the cleaning duty. Each location in the facility will have different requirements of frequency and specifics depending on use of location.

Staff Operations

GENERAL GUIDELINES
Staff will be required to check in at the beginning of each shift with a manager at a designated location on site.

1. Temperature will be taken

2. Asked if they have had any symptoms

3. Then assigned duties for the day

4. Safety meeting and education

5. At the end of the day another temperate will be taken on their way out During Shift:

1. Staff will have to wear a facemask at all times

2. Comply with social distancing guidelines

3. Staff will not share any items to be used for work or any other purposes Daily Health checks
Employees will be required to fill out a digital daily health check form to ensure of their health and wellness and all others. This form will ask their name, temp, and symptoms in the last 48 hours. Once the form is filled out, they will be cleared for work Patrons will have their temperature checked before entering the facility and signs will be posted about self-health and wellness checks. Patrons will be asked if they have felt any symptoms of illness at all that they not enter the facility or participate in any program. They will also be asked if they do test positive for covid-19 in the next 14 days of use of facility that they contact by email immediately.

Covid-19 Positive Operations
If an employee is found positive for Covid-19 and has been on site the facility will be closed for a minimum of 24 hours, until all other employees on that shift have been tested and are clear to work. Employees contacts at the facilities will be traced to ensure no others are found ill.

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14 If a patron is found to have been at the facility and tested positive for covid-19 the facility will be shut down for a minimum of 24 hours to ensure we can trace possible infection and notify employees of possible exposure.

Daily PPE Requirements
Staff will be required to wear a facemask and sanitize their hands regularly. During an emergency there will an increased level of PPE. This will be found in the emergency section of this document.

Patrons will be required to wear a facemask while walking through and around the facility. Patrons are allowed to remove their mask while swimming. They will be asked to wear the mask as they exit the facility.

Emergency Operations
Emergency Action Plan
Whistle Cadences

ONE BLAST: grab the attention of individual patron
TWO BLAST: grab the attention of another guard
THREE BLAST: activate the EAP
ONE LONG BLAST: clear the pool
Primary Guard
● Identify situation & activate EAP
● Approach Victim
○ Water emergency: Perform appropriate rescue
○ Land emergency: Size up the Scene & acquire Expressed Consent ● Primary assessment
● Perform appropriate care
● Secondary Assessment
● Report, Advise, Release
Secondary Guard (most available guard)
● Bring necessary equipment
○ Backboard
○ AED
○ First Aid
*Bring first what is most important to the situation
● Assign someone to call 911 & come back
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15 ● Assist Primary guard
Assisting Responders
● Clear pool & deck as needed
● Inform Front Desk of emergency
● Ensure EMS services are on their way
● Assist rescuers
When EMS Arrives
● Meet EMS on street & direct to emergency
When EMS Leaves
● Primary guard & Leadership staff - Report, Advise, Release Lifeguard Emergency Response
In the event someone needs CPR staff will put on full PPE to include, Face Mask, Eye Protection and gloves.

General Prevention for COVID-19 Transmission During CPR and First Aid While there is currently no specific data on COVID-19 transmission while performing CPR or giving first aid, it is reasonable to conclude that chest compressions have the potential to generate respiratory droplets or aerosols and close contact needed for some aspects of first aid may have risk of transmission.

PPE
For responders and those who may need to provide care to someone suspected to have COVID-19. We will require wearing PPE as recommended by CDC, this would be wearing respiratory protection using a respirator (e.g. N-95 mask), eye protection, disposable gloves and a disposable isolation gown if possible. Per CDC guidance facemasks are an acceptable alternative when there is shortage of N-95. During the COVID-19 pandemic, for all persons requiring CPR, personal protective equipment (PPE) such as gloves and face mask should be worn, if available.. We recognize that for lay responders, CPR and first aid is often performed for household members where there would have already been close contact and exposure.

We recommend placing a face mask or cloth covering over the mouth and nose of the victim may reduce the risk of transmission. If only 1 mask is available and it is a simple face mask, we recommend placing it on the victim.

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16 Guidance for Performing a Breathing Assessment and Rescue Breaths in Children or Adults
While CPR with breaths has been shown to be beneficial when compared to compression-only CPR, during the COVID-19 outbreak, it is currently recommended that no rescue breaths be performed for adult cardiac arrest patients with confirmed or suspected COVID-19, due to the risk of disease transmission. The following measures are recommended and may be associated with a decreased risk of transmitting the virus:

• When assessing for normal breathing, we recommended that the CPR/first aid care provider looks for breathing but does not listen or feel for the victim’s breathing, as this will minimize potential exposure.
• We recommend that adult victims of sudden cardiac arrest receive continuous compression-only CPR from their CPR/first aid care provider until emergency personnel arrive. Note: Compression-only CPR saves lives compared to no CPR. • Cardiac arrests that occur after a breathing problem (which is often the case in infants and young children), drowning and drug overdoses may benefit from standard CPR that includes compressions and rescue breaths. Note: It is recognized that in some of the cases, the victim may also have COVID-19.

However, if a lay responder is unable or unwilling to provide rescue breathing with CPR, compression-only CPR should be initiated.

Guidance for Compressions
Chest compressions and use if an AED is available is recommended for every cardiac arrest victim. Whether or not a cardiac arrest victim is suspected of having COVID-19, 9-1-1 should be called and, if available, an AED should be used.

Guidance for AED Application & Use
No studies to date have shown that defibrillation generates respiratory droplets or aerosols, and it is known that prompt use of AEDs save the lives of cardiac arrest victims. In addition, the current methods of automatic external defibrillation use handsfree methods via adhesive pads that allow performance without direct contact with the victim.
• If an AED is available, it should be applied and used consistently with the manufacturer’s guidelines while waiting for emergency personnel to arrive. • If gloves are available, they should be worn.
• The AED device should be cleaned with disinfectant after use.

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17 Cleaning & Disinfection After First Aid Care
While still wearing personal protective equipment, clean and disinfect items that touched the victim. After cleaning, dispose of your personal protective equipment and perform hand hygiene. Surfaces should be cleaned using a detergent or soap and water prior to disinfection.

• For Hard Surfaces:
o Diluted household bleach solutions, alcohol solutions with at least 70% alcohol and most common EPA-registered household disinfectants should be effective.
o Products with EPA-approved emerging viral pathogens claims are expected to be effective against COVID-19 based on data for harder to kill viruses. Follow the manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). In their absence, products with label claims against human coronaviruses or other viruses should be used according to label instructions.

• For Soft or Porous Surfaces
o For surfaces such as carpeted floor, rugs, and drapes; remove visible contamination if present, and clean with appropriate cleaners indicated for use on these surfaces.
o After cleaning, wash items as appropriate in accordance with the manufacturer’s instructions. If possible, wash items using the warmest appropriate water setting and dry completely or use products with the EPA-approved emerging viral pathogens claims that are suitable for porous surfaces.
• For Clothing:
o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air.
o Launder items as appropriate in accordance with the manufacturer’s instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely.
o If clothing cannot be immediately laundered, store in a sealed disposable bag.

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18 • Alternatives to EPA-registered disinfectants include:
o Diluted household bleach: Mix 5 tablespoons (1/3 cup) bleach per gallon of water, or 4 teaspoons bleach per quart of water. Make sure you have proper ventilation and that the bleach is not expired.
o Alcohol solutions: Ensure your solution has at least 70% alcohol.

Program Operations Burgess
Lap Swimming
Patrons will register for a lane online or by phone prior to arriving at the aquatic facility, to include payment online only. We will not be accepting cash at this time. Patrons will line up on the side gate of the pool where there will be lines for them to stand to stage for their turn to come into the facility. All social distancing guidelines will be adhered to or the patron may be ask to leave to include.

1. Wearing a facemask until about to get into pool

2. Stay 6 feet apart from each other including staff
Once checked-in patrons will be allowed to walk to their lane once the group before them has left the facility. They will have 5 minutes to get into the pool and out of the pool after their swim. Patrons will stagger at either end of the pool to ensure social distancing. There will be only 1person lane (unless family in the same household is swimming with each other). Once 35 minutes are up a guard will blow a whistle signaling each swimmer has 5 minutes to get out of the pool and exit through the back gate adjacent to the pool.

Open Swim
Open swim will have designated times for families and individuals to come a reserve a space in our play pool. Each family from the same household will have a lane in one of our bigger pools or in our baby pool to ensure social distancing. Each family can reserve a space in pool online for 1-hour increments as space permits.

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19 Swim Lessons
The swim lesson programming guidelines will fully utilize the existing facility plan for covid-19 controls. The goal is to provide the highest level of swim lesson programming while maintaining social distance, minimizing contact to high touch areas and objects, and to maintain a consistent routine of disinfecting swim equipment and facility features.

Social distancing will be adhered to when arriving to the facility, checking in and staging within a designated staging area prior to the swim lesson. Participants will store their belongs at their assigned spot within the staging area.

Lessons will be held in either a private, instructor guided parent/children’s lesson, and or a single family from the same household with parent in the water with kids and instructor on the deck with a facemask on. These lessons will also be staggered to avoid gatherings of people.

Camps
The goal of our summer camps will provide care for the children of the community in a fun and safe environment while following all county, city, and cdc guidelines for covid-19. We want to create this environment give families peace of mind while being care for at our facility.

Goal to run 4 morning camps and 4 pm camps in controlled groups of 12.

We will follow guidelines as followed:

Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages. To the extent possible and compliant with any licensing requirements, these operations must also comply with the following conditions:

1.They must be carried out in stable groups of 12 or fewer children (“stable” means that the same 12 or fewer children are in the same group each day and for at least four consecutive weeks). No child will be added to the group if a child does not come to camp. These groups will remain the same for 3 weeks including staff.

2.Children shall not change from one group to another or attend more than one childcare establishment, summer camp, other educational or recreational instruction or program simultaneously.

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20 3.If more than one group of children is at one facility, each group shall be in a separate rooms or spaces that cannot be accessed by children or adults outside the stable group.

Groups shall not mix with each other.

4.Providers, educators and other staff cannot serve more than one group of children and shall remain solely with that group of children during the duration of the childcare establishment, summer camp, other educational or recreational institution or program.

Program Operations Belle Haven
Lap Swimming
Patrons will register for a lane online or by phone prior to arriving at the aquatic facility, to include payment online only. We will not be accepting cash at this time. Patrons will line up on the side gate of the pool where there will be lines for them to stand to stage for their turn to come into the facility. All social distancing guidelines will be adhered to or the patron may be ask to leave to include.

1. Wearing a facemask until about to get into pool

2. Stay 6 feet apart from each other including staff
Once checked-in patrons will be allowed to walk to their lane once the group before them has left the facility. They will have 5 minutes to get into the pool and out of the pool after their swim. Patrons will stagger at either end of the pool to ensure social distancing. There will be only 1-person lane (unless family in the same household is swimming with each other). Once 35 minutes are up a guard will blow a whistle signaling each swimmer has 5 minutes to get out of the pool and exit through the back gate adjacent to the pool.

Open Swim
Open swim will have designated times for families and individuals to come a reserve a space in our play pool. Each family from the same household will have a lane in one of our bigger pools or in our baby pool to ensure social distancing. Each family can reserve a space in pool online for 1-hour increments as space permits.

DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.32
21 Swim Lessons
The swim lesson programming guidelines will fully utilize the existing facility plan for covid-19 controls. The goal is to provide the highest level of swim lesson programming while maintaining social distance, minimizing contact to high touch areas and objects, and to maintain a consistent routine of disinfecting swim equipment and facility features.

Social distancing will be adhered to when arriving to the facility, checking in and staging within a designated staging area prior to the swim lesson. Participants will store their belongs at their assigned spot within the staging area.

Lessons will be held in either a private, instructor guided parent/children’s lesson, and or a single family from the same household with parent in the water with kids and instructor on the deck with a facemask on. These lessons will also be staggered to avoid gatherings of people.

Camps
The goal of our summer camps will provide care for the children of the community in a fun and safe environment while following all county, city, and cdc guidelines for covid-19. We want to create this environment give families peace of mind while being care for at our facility.

Goal: To run 1 camp in the morning and 1 in the afternoon, following We will follow guidelines as followed:

Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages. To the extent possible and compliant with any licensing requirements, these operations must also comply with the following conditions:

1.They must be carried out in stable groups of 12 or fewer children (“stable” means that the same 12 or fewer children are in the same group each day and for at least four consecutive weeks). No child will be added to the group if a child does not come to camp. These groups will remain the same for 3 weeks including staff.

2.Children shall not change from one group to another or attend more than one childcare establishment, summer camp, other educational or recreational instruction or program simultaneously.

3.If more than one group of children is at one facility, each group shall be in a separate rooms or spaces that cannot be accessed by children or adults outside the stable group.

Groups shall not mix with each other.

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22 4.Providers, educators and other staff cannot serve more than one group of children and shall remain solely with that group of children during the duration of the childcare establishment, summer camp, other educational or recreational institution or program.

Exhibit A
A. Facility Map Entrance and Exit
Burgess Pool
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23 Exhibit A Continued
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24 Exhibit A Continued
DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.36
25 Exhibit A Continued
Belle Haven Pool
B.

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26 Exhibit B: Health Check Form
C.

D.

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27 Exhibit C: Thermometers
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28 Exhibit D: General PPE information
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29 Exhibit E: Facility Signs
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30 DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.42
31 DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.43
32 Exhibit F: Pool Documents
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33 DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.45
34 DocuSign Envelope ID: 9555DA22-B9FC-4484-9262-0C4EA9AA2B12 DocuSign Envelope ID: 8914A3A3-F8A6-4A98-AD28-B962C63020F7 Page K-1.46
Environmental Health Services
Pool Program
2000 Alameda de last Pulgas, Suite #100
San Mateo, CA 94403
(650) 372-6200 FAX (650) 627-8224
smhealth.org/food

FACILITY NAME
APPENDIX C-2 ALLOWED ADDITIONAL ACTIVITIES

SITE ADDRESS/CITY/ZIP

SIGNAGE
Post a copy of the Social Distancing Sign at each gate entry or other easily viewable location.

Post a copy of the Social Distancing Guidelines (Appendix C-2) at each gate entry or other easily viewable location.

Other:

Ensure social distancing by (1) having members of the same household use the pool at the same time period or (2) in a manner that ensures the Health Officer orders are enforced (recommend dividing pool occupancy by half). Any measures put in place must be reflected in the required posted written protocols.

SAMPLE GUIDELINES FOR PUBLIC SWIMMING POOLS
SPAS MUST CONTINUE TO REMAIN CLOSED PER THIS ORDER (MAY 22, 2020) Place tape or other markings at least six feet apart in pool user line areas or any other area in the pool where pool users congregate (e.g. line for outdoor showers).

Lap swimming shall be separated by alternate lanes or maintain 6 feet social distancing. Only one person per lane.

Other:

Eliminate shared equipment and pool furniture in the facility or disinfect after each use.

Face covering is required for all those on the pool deck. Do not wear a face covering while in the pool.

Pool owner/operator (i.e., HOA, apartment and hotel management) are legally responsible for ensuring the pool’s operation is compliant with the Order. page 1 of 3
THE HEALTH OFFICER'S ORDER PROHIBITS GATHERING AT THE POOL. THE POOL MUST BE ACTIVELY

MONITORED AND MANAGED TO ENSURE THAT THE HEALTH OFFICER'S ORDERS ARE ENFORCED Minimum six feet of social distancing is required in and out of the pool.

No personal contact in and out of pool unless pool users are from the same household (No contact swim lessons).

MEASURES TO PREVENT GATHERING AND ENSURE SOCIAL DISTANCING

EXHIBIT C
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MEASURES TO INCREASE SANITATION
Cleaning and Disinfecting Pools:

Maintain proper disinfectant levels:

Ensure daily monitoring and recording of pool chemicals (chlorine, pH, and cyanuric acid). If the operator notices the chemicals are not within their appropriate range, the pool shall be closed until the chemicals are balanced to the correct levels.

Recommend maintaining a checklist with attendance records to aid in contact tracing as needed.

Stock handwashing stations with liquid soap and paper towels. Provide hand sanitizer with at least 60% alcohol for pool users/visitors to use.

Type Free Chlorine pH
Pools With Cyanuric Acid 2-10 ppm 7.2-7.8
Pools Without Cyanuric Acid 1-10 ppm 7.2-7.8
Clean and disinfect frequently touched surfaces:handrails and laddersADA liftdoor/gate handles surfaces of restrooms: handwashing stations diaper changing stations, and showersany multi-touch contact surface that have been identified
*Examples of disinfectants: Alcohol solutions with at least 70% alcohol may be used for surfaces. Diluted household bleach solutions may also be used: To make a bleach solution, mix: 5 tablespoons (1/3rd cup) bleach per gallon of water as per CDC Guidelines*
Cleaning and Disinfecting Ancillary Areas:

Keep locker rooms closed.
page 2 of 3

MEASURES TO PROTECT EMPLOYEE HEALTH (IF APPLICABLE)
Hand sanitizer (at least 60% alcohol) and other EPA approved disinfectants are available to all employees.

Liquid soap, warm water, and paper towels are available to all employees for handwashing.

Employees shall wear face coverings in the workplace.

Check employees for symptoms (fever, cough, or shortness of breath) of illness prior to entering work space by following CDC guidelines.

Instruct employees not to come to work for at least 14 days if they are exhibiting COVID-19 symptoms and/or seek a health care provider.

Distribute a copy of the safety guidelines to each employee.

Individual work stations are separated by at least six feet or with a physical barrier.

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Sanitize all individual work stations and common touch points frequently.

Common areas such as break rooms and bathrooms are to be sanitized after each use.

Other:

For indoor pools, make sure ventilation systems work properly. Increase air circulation by introducing outdoor air as much as possible by opening windows and doors or using fans.; however, do not open windows and doors if doing so poses a safety risk to staff, patrons, or swimmers.

All employees/attendants have been instructed to maintain at least six feet distance from pool users and from each other as much as practicable.

Optional Measures:

IT IS THE LEGAL RESPONSIBILITY OF THE POOL OWNER/OPERATOR TO ENSURE ALL APPLICABLE REQUIREMENTS ARE FOLLOWED TO PROTECT THE SAFETY OF THE POOL USERS. IF OPERATORS ARE UNABLE TO DO SO, THE POOL SHALL REMAIN CLOSED.

Contact the owner or person in charge listed below with any questions about the following safety measure protocols.

NAME

EMAIL PHONE NUMBER
05/21/2020 page 3 of 3
For additional information refer to the latest Health Officer's order:
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PROFESSIONAL SERVICES AGREEMENT
(Menlo Park Aquatic Facilities)
This Professional Services Agreement ("Agreement") is made and executed as of March 27, 2018, by and between the City of Menlo Park, a municipal corporation ("City"), and Team Sheeper, Inc., a California S Corporation ("Provider"), referred to herein individually as "Party" and collectively as "Parties".

WHEREAS, City is the owner of certain premises ("Premises") described below, and desires to provide recreational aquatics programming for the benefit of the community at the Premises; ·
WHEREAS, City desires to engage Provider to provide the recreational aquatics programming, including swim instructors and certified lifeguards to provide lap swim, open swim, youth swim team, youth and adult swim lessons, youth camps, masters swim, aqua-fit classes and lane rentals for community swim teams and other community organizations at the Premises ("Services") consistent with the current level of programming;
WHEREAS, Provider has been providing the Services pursuant to a lease Agreement, which is expiring on March 31, 2018, and has the necessary professional expertise, qualifications and capability, and all required licenses and/or certificates the provide the services; and
WHEREAS, City and Provider desire to enter into this Agreement on the terms and .conditions set forth below.

NOW, THEREFORE, the Parties agree as follows:

1. PREMISES. The Premises includes both the "Burgess Pool", 501 Laurel Street, Menlo Park, CA and the "Belle Haven Pool", 100 Terminal Avenue, Menlo Park, CA as defined herein. Burgess Aquatic Facility ("Burgess Pool") consists of the fenced pool area at the City's Civic Center campus at Burgess Park. Burgess Pool includes the lap pool, instructional pool, toddler activity pool, locker rooms and restrooms, offices, lawn area, pool mechanical room, lobby area, and all associated areas in the City of Menlo Park, County of San Mateo, State of California, as more particularly shown in Exhibit A, attached hereto and incorporated herein by reference. The Belle Haven Pool ("Belle Haven Pool") is a six-lane x 25-meter outdoor swimming pool located adjacent to the Onetta Harris Community Center. Belle Haven Pool includes a, locker room, shower facilities, mechanical room, office and small children's wading pool in a fenced area as shown in Exhibit B, attached hereto and incorporated herein by reference.

2. SCOPE OF SERVICES. Provider shall perform the Services, as more particularly described in Exhibit C attached hereto and incorporated herein by this reference in accordance with the terms and conditions contained in this 1 Page K-1.50
Agreement. Performance of all Services shall be to the reasonable satisfaction of the City.

3. TERM. The term of this Agreementshall commence on April 1, 2018 and shall terminate on August 31, 2020 ("Term"). If not terminated as set forth hereinafter, this Agreement shall automatically renew for successive 12-month periods (each year an "Extended Term"), subject to all of the same terms and conditions contained in this Agreement. Not less than 180 days prior to the expiration of the Term or Extended Term, either of the Parties may provide written notice requesting either an evaluation of the terms and conditions of this Agreement or termination of this Agreement. In the event no such notice of termination is given, this Agreement shall automatically continue for an Extended Term.

4. BELLE HAVEN POOL MANAGEMENT FEE. The City shall pay
Provider a management fee for the operation of the Belle Haven Pool in an amount not to exceed Five Thousand Dollars ($5,000) per month or Sixty Thousand Dollars ($60,000) per year, unless otherwise approved- by the City Council. The City currently receives annual funding for the Belle Haven Pool from Hibiscus Properties, LLC ("Facebook") pursuant to Section 9.1.1 of the Development Agreement dated December 14, 2016 and recorded in the Official Records of the County of San Mateo as Document Number 2016-133794. In addition to the management fee, pursuant to the terms of the prior Lease Agreement, the City shall pay to Provider Five Thousand Dollars ($5,000) per month for the period January 1, 2018 through March 31, 2018 for a total of Fifteen Thousand Dollars ($15,000) for operating the Belle Haven Pool, subject to and upon receipt by the City of funds from Facebook covering that time period. To the extent Provider has -been paid all or any portion of the management fee directly by Facebook, the City shall be relieved from the requirement to pay such amount to Provider. If and when such annual funding is reduced or terminated, the City may terminate the Services at the Belle Haven Pool after providing 30 days' advance written notice to Provider:

Provider shall be paid pro rata for Services performed at the Belle Haven Pool up to the termination date. If the Services at the Belle Haven Pool are terminated, the management fee shall also terminate.

5. EXCLUSIVE USE OF PREMISES. Subject to the terms of this Agreement, Provider shall have exclusive use of the Premises for the purposes of conducting aquatics programs, including, but not limited to, a masters swim program, swim team, swim lessons, fitness training, recreational swimming, community rentals and other aquatics programs and providing for reasonable public access to and use of the Premises pursuant to Section 6 of this Agreement.

Provider shall have the exclusive right to staff, supervise and contract for such use of the Premises, subject to the terms of this Agreement. The Parties specifically agree that Provider shall accommodate the SOLO swim team's use of Burgess Pool in accordance with schedule and terms set forth in Exhibit D, which shall not 2 Page K-1.51
be modified without mutual agreement of Provider and SOLO, unless SOLO is in breach of its contract with Provider.

Provider shall have non-exclusive use of the locker rooms, as depicted on Exhibit A and Exhibit B, to accommodate Provider's use of the Premises. The Parties agree that use of the locker rooms shall be limited to persons participating in programs and activities offered by Provider or City or other members of the public upon payment to Provider of fees for such use. Specifically, City reserves the right to use the locker rooms for any City program, including facility rentals and programs and for public use on a "pay for use" basis. Provider may only refuse locker room access when patrons fail to follow the rules of conduct approved by the City. Patrons shall have the right to appeal Provider's decision to the Director of Community Services, if the patron feels denial of locker room access was unreasonable. The Director of Community Services' decision shall be final.

6. OPERATION, COMMUNITY ACCESS AND SCHEDULING. Provider may operate the Premises between the hours of 5 a.m. to 10 p.m. seven days a week, 365 days a year. Provider currently operates the Burgess Pool from 5:45 a.m. to 8:00 p.m., and until 10:00 p.m. on Tuesdays and Thursdays Monday through Sunday and the Belle Haven Pool from 3:00 p.m. to 7:00 · p.m. Monday through Friday. Provider may reasonably modify, subject to prior written approval from the City, which shall not be unreasonably withheld, the current schedule at either the Burgess Pool or the Belle Haven Pool if staffing is not possible or if it is not financially feasible to operate during certain hours. The City will provide its consent or objection to the requested change within 10 business days or the request will be deemed approved.

Provider will be responsible for the scheduling of the Premises. Provider shall provide reasonable public access and community use of the Premises.

Provider will not reduce the public access and community use without prior City approval from the Director of Community Services who is authorized to finalize the City's schedule of use of the Premises. When evaluating the pool space and time . allocation, Provider shall consider and give scheduling priority for programs based on the number and percentage of City residents.

Burgess Pool: Minimum public access and community use will include:
a. Year-round lap swim, seven days per week (except holidays); b. Seasonal open/recreational swim daily from Memorial Day through Labor Day for a reasonable amount of time . and with adequate pool space;
c. Reasonable availability for other community organizations/users; d. Programs and reasonable accommodation for all ages and abilities;. e. Inclusive programs for people with disabilities when possible; and f. Winter programming subject to the City's provision a dome over the instructional pool, if possible.
3 Page K-1.52
Belle Haven Pool: Minimum public access and community use will include:
a. Open to the public for a minimum of 10 weeks during the summer season in June, July, and August. During that time period, the pool shall be open for a minimum of six days a week, Monday through Saturday; , and
b. Open/recreational swim hours will be at least three hours per day, six days per week but will be allowed on a "pool sharing" basis with other programming.

7. PROGRAM REGISTRATION AND FEES. Provider shall be responsible for having a method for the public to register and pay for programs. Provider shall collect all program fees for the Services provided pursuant to this Agreement. The program fees charged by Provider shall be as follows:
a. The fees charged by the Provider for public lap swimming, open/recreational swim, and swim lessons shall be comparable to rates and fees charged by other aquatic facilities in surrounding communities and in alignment with the approved business model.
b. Provider shall provide rental space for other community organizations and users for competitive youth swimming programs, . instructional programs, fitness training, etc., on a reasonable and comparable fee basis.
c. Review of the program fees shall be included in the annual report to the City. Although Provider is responsible for setting program fees, Provider shall consider both City input and market rates in establishing the program fees.
d. The City will provide limited conference room space at the Arrillaga Family Gymnasium free of charge for Provider's team meetings and trainings, subject to availability.
e. The City will make sports field space at Burgess Park available free of charge for Provider camps and programs in exchange for pool use for City camps and programs, both subject to availability.

8. REVENUE SHARING. Provider shall maintain an annual profit and loss statement ("Statement") during the Term and any Extended Term of this Agreement. The Parties acknowledge that the Provider's Statement includes revenue from the Services at the Premises and also Menlo Fit/Boot Camp revenue and triathlon team revenue. If Provider's revenue from the Services provided pursuant to this Agreement, exclusive of Menlo Fit/Boot Camp revenue and 2/3 of the triathlon team revenue, exceeds Three Million One Hundred Forty Thousand ($3,140,000) in a single calendar year, Provider shall pay to the City 30 percent such revenue within 60 days of the end of the year.

9. PROGRAM ADMINISTRATION. Provider shall have adequate administrative staff and assistance to support all hours of operation. Policies and procedures for handling registration, refunds, and complaints are required.

Provider shall maintain a customer database and appropriate records retention. 4 Page K-1.53
Provider shall develop sufficient communication and marketing in order to inform the public of the programs and services. The City will provide reasonable marketing space in the tri-annual activity guide for the Provider to promote their aquatics programs at the Premises, subject to availability. Provider shall be responsible for meeting the deadlines and providing accurate and sufficient information to City staff.

Provider shall take appropriate steps to maintain a high level of customer service and overall satisfaction at all times. Provider shall be engaged with City staff and regional aquatics groups throughout the year and shall attend an annual meeting convened by the City. Additionally, Provider shall prepare and provide an annual report no later than January 30 of each year to City staff, which will be presented to the City's Parks & Recreation Commission for review and comment by the Commission at its February meeting. The annual report should include the following items: .
a. Total program hours by program area;
b. Participation statistics by program area including resident and . nonresident percentages; c. Customer satisfaction survey results;
d. User group feedback by program area or rental;
e. Pool schedule and allocation by program for previous year and projections to the upcoming year;
f. Fees by program area and a fee comparison to other public pools in the region;
g. Annual audits and reviews demonstrating standards of care, outlined in Section 12, below, are met;
h. Risk management documentation, outlined in Section 13, below; and i. Training certifications listed by staff member.

Provider shall maintain reasonable evidence and documentation of this information and have these records accessible to the City at any time following 10 days written notice.

In the event of a third-party dispute or conflict arising out of or related to this Agreement, the City will use best efforts to notify and discuss the issue with Provider before engaging in any dialogue with the third-party involved.

10. COMPLIANCE WITH LAWS AND REGULATIONS. Provider shall comply with all city, county, state, and federal laws and regulations related to pool and aquatic program operations. These regulators and laws include but are not limited to:
a. City of Menlo Park
b. Menlo Park Fire Department
c. San Mateo County Health Department
d. California Department of Health Services
5 Page K-1.54
e. California Department of Labor
f. Occupational Safety and Health Administration (OHSA) g. Emergency Medical SeNices Authority (EMSA)
h. Consumer Product Safety Commission & Virginia Graeme Baker Act i. Americans with Disabilities Act
j. California Department of Fair Employment and Housing

11. HEAL TH AND SAFETY. Provider shall maintain health and safety standards in a reasonable and acceptable manner for the Premises, participants, and its employees in compliance with City standarcfs and the other regulatory agencies listed in Section 10 above. These standards include but are not limited to:
a. Employee Injury and Illness Prevention Plan
b. Hazardous Materials Communications and Business Plan c. Blood borne Pathogens and Bio Hazardous Exposure Control Plan d. Lifting and Fall Prevention
e. Electrical Safety
f. Emergency Action Planning
g. First Aid
h. Heat Illness and Sun Protection
i. Confined Spaces
j. Chemical Storage
k. Personal Protective Equipment
I. Recreational Waterborne Illnesses (RWl's)
m. Signage
Provider is responsible for keeping up to date with all changes, additions, or amendments to the laws, regulations and codes related to pool operations and aquatics programs.

12. STANDARD OF CARE. Provider shall provide aquatic programs and manage the Premises in a manner that is comparable to or above the standard of care that is reasonable and acceptable for a public pool in the surrounding communities. This standard of care should be demonstrated in all areas of operations including: supeNision and lifeguard coverage, suNeillance techniques, staff training, record keeping, basic maintenance and janitorial seNices during business hours, cleanliness of facilities, safety, and risk management. Provider is expected to ensure this standard of care by conducting annual audits by qualified external experts and including this information in the annual report to City staff and the City's Parks and Recreation Commission identified in Section 9, above.

13. RISK MANAGEMENT. The Provider shall take all appropriate and necessary steps to provide adequate risk management planning to minimize liability or negligence by the Provider. The Provider shall manage their risk by demonstrating proficiency in the following areas:
6 Page K-1.55
a. Emergency Action Plan - staff training plan, drills conducted, emergency equipment and communication process.
b. Facilities & Equipment - inspection, maintenance, and checklists. c. Supervision - quality, quantity, lesson plans and progression. d. Training - requirements and appropriate staff.
e. Documentation - manuals, waivers, medical screening, skills screening, risk information provided to public, policies and evaluations.

14. EMERGENCY ACTION PLAN AND PROCEDURES. Provider shall create and maintain all emergency procedures and emergency action plans for the Premises. An emergency action plan is required under Title 29 of Federal Regulations Sections 1910.38/.120/.156, and Title 8 California Code of Regulations, Sections 3220 and 3221. The emergency action plan covers all employees and· non-employees who may be exposed to hazards arising from emergency situations. It must contain information for all of the Provider's employees, including administration and line level employees using the plan· in order to reduce the severity of emergency situations and minimize the risk to life and property.

15. MAINTENANCE. REPAIR, CUSTODIAL AND LANDSCAPING. The City will be responsible for the maintenance and repair of the equipment and facilities at the Premises, including:
a. Burgess Pool: three pools, appropriate signage, offices, lobby, locker rooms and. shower area, restrooms, pool decks, fences and gates, lawn area, supply storage areas, equipment/mechanical rooms, chemical storage areas, and lights.
b. Belle Haven Pool: two pools, appropriate signage, office, locker rooms and shower area, restrooms, pool decks, fences and gates, supply storage areas, equipment/mechanical rooms, chemical storage areas, and lights,
If in the course of operating the Premises, Provider identifies any equipment, facilities or portion thereof in need of maintenance or repair, Provider shall notify the City's Public Works Director or his/her designee as soon a~ possible and the City shall be responsible for performing the necessary maintenance or repair work. If any maintenance or repair work requires immediate emergency attention, Provider may engage a preferred City contractor directly after obtaining consent from the City's Public Works Director or his/her designee. Provider shall be reimbursed by the City for any costs incurred by Provider in addressing the immediate/emergency maintain/repair work. If the Facilities or equipment are damaged due to the willful misconduct or negligence of Provider, its employees, subcontractors, or program participants, Provider is responsible for any necessary repair or replacement of such damage at Provider's sole cost and expense.

Provider shall employ or contract one full-time custodial support staff from 3:00 a.m. to noon, consistent with Provider's current practice. The City will provide 7 Page K-1.56
janitorial service during midday and Saturday and Sunday evenings. The City and Provider shall coordinate custodial services to ensure the Premises is maintained in an orderly, clean and professional condition. The City shall provide all incidental facility supplies, such as paper towels, toilet paper, etc. The City agrees to reimburse Provider, upon approval by the Public Works Director, or his/her designee, up to Two Hundred Dollars ($200) per month for the purchase of incidental supplies. The City shall provide landscaping services for the Premises.

The City shall provide and be billed directly for all necessary pool chemicals.

Provider shall employ or contract for a Certified Pool Operator. Provider shall maintain standard operation procedure manuals and maintenance records and logs. These records will include: daily pool and chemical log and checklists for routine maintenance and janitorial duties (daily, weekly, monthly, quarterly, biannually, and annually).

16. UTILITIES. The City shall provide, without cost to Provider, all utilities necessary to operate the Premises for the purposes identified in this Agreement, including water, sewer, stormwater, electricity, gas, telephone and internet.

Provider shall modify operations to comply with any conservation requirements imposed by any utility operator. Provider shall consult with and obtain City approval prior to making any operational changes that would impact utility costs and regulatory compliance.

17. INSURANCE. Provider shall· acquire and maintain Workers' Compensation, Employer Liability, and Commercial Generarliability relating to the Provider's use of the Premises. The insurance company or companies must be approved by the City. Provider will furnish City with certificates and copies of information or declaration pages of the insurance required. Provider would need to provide the City with 30 days' notice if any changes, cancellation, or nonrenewals. Provider is required to disclose any self-insured retentions or deductibles, which shall be subject to City's approval, not to be unreasonably withheld. Provider's insurance shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of the insurer's liability (cross liability endorsement). Provider's insurance coverage shall be primary insurance with respect to City, its Council, Boards, Commissions, agents, officers, volunteers or employees, and any insurance or self-insurance maintained by City, for themselves, and their Council, Boards, Commissions, agents, officers, volunteers or employees shall be in excess of Provider's insurance and not contributory with it.

The minimum amounts of coverage corresponding to these categories of insurance per insurable event shall be as follows:

Insurance Category
Workers' Compensation
8 Minimum Limits
Statutory Minimum include
endorsement waiving the insurer's
right of subrogation against the City, its
Page K-1.57
Employer's Liability
Commercial General Liability
officers, officials, employees and
volunteers.
· One Million Dollars ($1,000,000) per
accident for bodily injury or disease -
include endorsement adding the City, it
officers, officials, employees and
volunteers as additional insured for
both ongoing operations as well as
products and completed operations; include endorsement to provide primary insurance and waive any rights of contribution from the City's
coverage.

Three Million Dollars ($3,000,000) per
occurrence for bodily injury, personal
injury and premises damages. Must include all areas in Insurance Service Office (ISO) Form No. CG 00 01
(including Products and Completed
Operations if food is served or for
repairs done by the tenant, Contractual
Liability, Broad form property damage,
Participants and spectators coverage,
and Personal and Advertising injury
liability)
If Provider fails to maintain any of the insurance coverage required herein, then City will have the option to terminate this Agreement or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverage may be maintained. Provider is responsible for any payments made by City to obtain or maintain such insurance.

Provider shall require any subcontractor who uses the Premises more than once in any 12-month period to maintain and carry the same coverage as described above, which policies shall name the City as an additional insured.

Provider shall require such subcontractor to obtain and provide a certificate of insurance evidencing said coverage to the City.

Each Party hereby waives and agrees to obtain from each insurance carrier of the insured a "subrogation waiver endorsement" waiving its right of recovery to the extent of insurance proceeds, against the other Party, the other Party's officers, directors, agents, representatives, employees, successors and assigns with respect to any loss or damages, including consequential loss or damage to the insured's property caused or occasioned by any peril or perils (including negligent acts) covered by any policy or policies carried by the Party. 9 Page K-1.58

18. INSPECTIONS AND AUDITS. The City reserves the right to conduct periodic and regular site inspections and operational audits. a. Safety: Provider will be required to comply with the City's safety program guidelines and protocol. Quarterly inspections by an outside vendor will be conducted and recommendations for compliance will be enforced. City staff will be responsible for following up with the Provider on specific safety issues identified in the quarterly inspection. The Provider will be required to comply with the City's requests in a timely manner. In addition, documentation demonstrating compliance with all city, county, state arid federal regulations will be required to be kept up to date and reviewed on an annual basis or more frequently as deemed necessary by the City.
b. Maintenance: City staff reserves the right to conduct weekly, monthly, quarterly, and annual inspections relative to Provider's responsibilities pursuant to this Agreement, including inspections relating to pool chemistry, pool equipment, and safety practices.
c. Operations: An annual operational audit will be conducted by an external expert and industry professional approved by the City. An observational audit, lifeguard skills assessment, and site inspection shall be conducted annually. An overall operational audit shall be conducted every two years. This audit should include but may not be limited to: staff skills assessment, staff selection and training procedures, policies and procedures review, site inspection, code compliance and record keeping practices, and adherence to aquatic safety standards.
d. Financial Review/Audit: Provider shall provide complete financials for all aquatics programs and/or programs operated out of the Premises (with administrative costs/salaries that may be related to both aquatics and non-aquatics programs fairly allocated between such· programs) prepared in accordance with generally accepted accounting principles for each calendar year during the Term of this Agreement for City staff and outside consultant review. The purpose for such review shall be for determining appropriate revenue sharing, if any, pursuant to Section 8.

Provider agrees, upon the City's request, to make all books and records available to the City for review such that the City is provided the opportunity to confirm the accuracy of the financial reports provided.

19. CITY ACCESS. The City shall have access to the Premises or any part thereof for municipal purposes, which may include the performance of maintenance and repairs in or upon the Premises, the inspection of the Premises, or the use, maintenance, repair of adjoining areas. When City access will be during the Provider's operational hours and may impact the provision of Services, the City shall provide prior notice and coordinate access with the Provider.

20. IMPROVEMENTS. Provider shall not make, nor cause to be made, nor allow to be made, alterations or improvements to the Premises, without the prior 10 Page K-1.59
written consent of City, not to be unreasonably delayed or withheld. All improvements or alterations constructed or installed shall be removed and the Premises restored to substantially the same condition existing prior to such construction or installation, upon the termination of this Agreement, unless the prior written approval of City is secured, allowing such improvements or alterations to remain in place, in which case, title thereto shall vest in City. All improvements undertaken pursuant to this Agreement will be at City's sole expense and the City will be responsible for the use and maintenance of the improvements.

21. NOISE. Except in the event of an emergency, Provider shall not use any amplified sound, whistles, bullhorns, music, etc., between the hours of 5:30 a.m. to 8:00 a.m., and/or from 8:00 p.m. to closing during any day of operation. In order to minimize impacts of major events on residents of the surrounding neighborhood, Provider will notify the City on a quarterly basis of all swimming meets or other large group events beyond normal operations to allow the City to notify the neighborhood in advance of such events.

22. PARKING. Provider shall instruct its patrons to park away from the nearest residences before 8:00 a.m. and after 8:00 p.m.

23. WAIVER OF CLAIMS. Except as it relates to claims asserted by anyone related to or arising from The City's failure to fulfill its obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, Provider waives all claims against City, its Council, Commissions, agents, officers, volunteers, contractors or employees for any damages to the improvements in, upon or about the Premises and for injuries to any employees of Provider or their agents, invitees or subcontractors in or about the Premises from any cause arising at any time, where City had no involvement or where such damages or injuries did not arise out of the instruction or guidance of the City. In no event shall the City be responsible for loss of profits or any consequential damages to Provider.

24. INDEMNIFICATION. Except as it relates to claims asserted by anyone related to or arising from The City's failure to fulfill its obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, Provider will defend, indemnify and hold City, its Council, Commissions, agents, officers, volunteers or employees harmless from any damage or injury to any person, or any property, from any cause of action arising at any time from the use of the Premises by Provider, and Provider's invitees, program participants, and visitors, or from the failure of Provider to keep the Premises in good condition, including all claims arising out of the negligence of Provider, but excluding any damage or injury caused by the willful misconduct or negligence of City or its employees, agents or contractors. City will defend, indemnify and hold Provider, its members, agents, officers, volunteers or employees harmless from any damage or injury to any person, or any property, 11 Page K-1.60
from any cause of action arising at any time from the willful misconduct or· negligence or City or its employees, agents or contractors.

Each Party's indemnification obligation set forth above will include any and all costs, expenses, attorneys' fees and liability incurred by any indemnified Party or person in defending against such claims, whether the same proceed to judgment or not. Each Party will, at its own expense and upon written request by a Party to be indemnified as provided hereinabove,. defend any such suit or action brought against the Party to be indemnified, its Council, Commissions, members, agents, officers, volunteers or employees (as applicable). This Section will survive the expiration or termination of this Agreement.

25. HAZARDOUS MATERIALS. Provider shall not use or store any Hazardous Materials in, on, or about the Premises except in compliance with all applicable federal, state, and local laws, statutes, ordinances, and governmental regulations, and the highest standards prevailing in the industry for storage and use of any such Hazardous Materials, nor allow any Hazardous Materials to be brought in the Premises, except to · use in the ordinary course of Provider's business, and then only after written notice to City of the Hazardous Materials to be used by Provider. Provider shall not cause or permit the escape, release, or disposal of any Hazardous Materials in the Premises.

In addition, Provider shall, at City's request, execute affidavits, representations, or other documents concerning Provider's best knowledge and belief regarding the presence of any Hazardous Materials in the Premises.

Provider shall indemnify, defend, and hold harmless City from any liability, cost, or expense, including reasonable attorneys' fees, atising from the use, storage, release or disposal of any Hazardous Materials in, on, or about the Premises by Provider, its agents, employees, contractors, or invitees. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

For the purposes of this Agreement, the term "Hazardous Material" shall mean any substance or material which has been designated hazardous or toxic by any federal, state, county, municipal, or other governmental agency or determined by such agency to be capable of endangering or posing a risk of injury to, or adverse effect on, the health or safety of persons, the environment, or property, including without limitation those substances or materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.

26. ATTORNEY'S FEES. In any legal action brought by either Party to enforce the terms of this Agreement, the prevailing party is entitled to all costs incurred in connection with such an action, including reasonable attorneys' fees.

27. ARBITRATION. Any dispute regarding the breach of this Agreement shall be decided by binding arbitration pursuant to the rules of the American 12 Page K-1.61
Arbitration Association, and not by court action, except as otherwise provided in this Section or as allowed by California law for judicial review of arbitration proceedings. Judgment on the arbitration award may be entered in any court having jurisdiction. The Parties may conduct discovery in accordance with California Code of Civil Procedure. This provision shall not prohibit the Parties from filing a judicial action to enable the recording of a notice of pending action for order of attachment, receivership, injunction, or other provisional remedy. Venue for the resolution of any such dispute or disputes shall be in San Mateo County, California.

BY INITIALING IN THE SPACE BELOWYOU ARE AGREEING TO HAVE ANY

DISPUTE ARISING OUT OF THE MATTER INCLUDED IN THE ARBITRATION

OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS

PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS

YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP

YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE

RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER

AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE

UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO

SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION.

Provider City

28. VENUE. Provider agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Mateo County, California.

29. ASSIGNMENT AND NONTRANSFERABILITY. Provider understands and acknowledges that assignment of this Agreement is absolutely prohibited· without the written consent of City, and any attempt to do so without City's written consent may result in termination of the Agreement at the will of · City.

Notwithstanding the foregoing, City shall grant permission to Provider to contract with other entities or organizations to provide some of the programs at the Premises for certain hours, subject to prior approval by the City, which shall not be unreasonably withheld. Such use is contingent, in part, upon said entity or organization indemnifying and insuring City in the same manner and amount that Provider has indemnified and insured City under this Agreement. City, its Council, Boards, Commissions, agents, officers, volunteers and employees shall be named 13 Page K-1.62
as additional insureds. Any insurance policy maintained by a such an entity organization will be in addition to, and shall not replace, any insurance required of Provider.

30. LIENS AND ENCUMBRANCES. Provider shall have no authority to do anything that may result in a lien or encumbrance against the Premises. Without limiting the foregoing, however, Provider agrees to pay promptly all costs associated with the activities associated with this Agreement and not to cause, Agreement, or suffer any lien or encumbrance to be asserted against the Premises. In the event that Provider causes, leases, or suffers any lien or encumbrance to be asserted against the Premises related to activities associated with this Agreement, Provider, at its sole cost and expense, shall promptly cause such lien or encumbrance to be removed.

31. TERMINATION OF AGREEMENT. a. Default. City or Provider shall have the right to terminate this Agreement by written notice to the other party for any default or breach of any term or condition of this Agreement by the other Party; provided, however, the non-defaulting and non-breaching Party must first deliver written notice to the other Party of any such default or breach, and if such breach or default exists for more than 30 days after the delivery of such notice without being cured, the non-defaulting and non-breaching Party may elect to terminate this Agreement by giving written notice of such termination to the defaulting Party. Termination shall be effective on the date specified in the notice, which date shall not be less than 30 days nor more than 180 days following such notice. In addition to termination, the non-defaulting and non-breaching Party shall be entitled to pursue any and all other remedies provided by law.
b. City Dissatisfaction. If City and/or Menlo Park community believes Provider has not satisfied community needs with respect to public access, service and program quality, public safety, noise restrictions and/or parking, City may deliver written notice to Provider of such dissatisfaction and the Parties shall meet and confer within 15 days of Provider's receipt of such notice. If the matter is not resolved to the City Manager's satisfaction, City may terminate this Agreement by giving written notice of such termination to Provider. Termination shall be effective not less than 90 days after the date of such notice. Provider shall have the right to appeal such termination to the City Council within 10 days of Provider's receipt of such notice. Upon receipt of Provider's timely appeal, the Council shall place the matter on the City Council agenda and make the final determination with regard to the termination of the Agreement and shall. give written notice to· Provider of such final determination. If the City Council determines the Agreement 14 Page K-1.63
should be terminated, termination of the Agreement shall be effective not less than 90 days after the date of such notice.
c. City Expense. The City may terminate this Agreement, effective 90 days from the date of the notice, if the City's costs for maintenance and repair (Section 15), and utilities (Section 16) are exceeding the amounts budgeted by the City for such costs.
d. Provider's Option. Provider may terminate the Agreement at Provider's option upon the occurrence of any of the following: (1) upon the death of Tim Sheeper; (2) upon the disability of Tim Sheeper, if such disability prevents him from running Provider's business operations for a continuous period of 60 consecutive days; or (3) upon financial hardship, which shall require not less than six month written notice to terminate Agreement based on financial hardship.

Termination shall be effective on the later of 90 days after the date of any such notice, the date of termination specified in the notice or such later effective date as is required pursuant to any specific provision of this Agreement. In the event Provider does not elect to terminate the Agreement as permitted herein, the Agreement shall remain in full force and effect for the remainder of the Term, unless subsequently terminated for another cause or event as specified herein.

32. CONDITION OF PREMISES UPON TERMINATION. Upon the
effective termination of the Agreement, Provider shall restore the Premises to its condition prior to the execution of this Agreement, excluding (a) wear and tear and natural deterioration based on the passage of time, (b) items subject to the City's obligations to maintain, repair, clean and/or landscape in accordance with this Agreement, including, without limitation Section 15 hereof, and (c) other changes or improvements to the Premises previously approved by the City, remove all personal property, including furniture, furnishings, vehicles, and equipment, belonging to Provider or Provider's employees, invitees, and agents. Should Provider fail to perform those obligations by the effective termination date, the Parties agree to the following:
a. Such remaining property shall be deemed abandoned and Provider waives all provisions for disposition of abandoned personal property required by California law including but not limited to California Code of Civil Procedure Section 1980 et. seq. (requiring notice for reclaiming abandoned property and public sale for disposition).
· b. City has the right to take action to remove Provider's personal property. Should City exercise this right, Provider shall be liable to City for:
i. the actual cost of this removal, demonstrated by valid receipts and invoices;
ii. a 15 percent overhead to City for reasonable costs in contracting and supervising the removal work; and
15 Page K-1.64
iii. any attorneys' fees incurred by City to remove Provider from the Property after termination, if necessary. Invoices must be paid within 10 days of submission of invoice to Provider. If not paid within this time, then interest will be charged at 10 percent or the maximum extent allowed by law, whichever is less.

33. NOTICE. All notices under this Agreement shall be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows ( or to any other mailing address which the party to be notified may designate to the other party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent.

Should City or Provider have a change of address, the other party shall immediately be notified as provided in this section of such change.

Provider
Team Sheeper, Inc.

Attn: Tim Sheeper
501 Laurel Street
Menlo Park, CA 94025
(650) 369-7946
City
City of Menlo Park
Attn: City Manager
701 Laurel Street
Menlo Park, CA 94025
(650) 330-6610

34. COMPLETE AGREEMENT. This Agreement contains the entire agreement between the Parties with respect to the matters set forth herein and supersedes all prior or contemporaneous agreemer.1ts (whether oral or written) between the Parties with respect to the matters set forth herein.

35. AMENDMENT. This Agreement may be amended only by a written. instrument executed by the Parties.

36. AUTHORITY. The individuals executing this Agreement on behalf of Provider represent and warrant that they have the legal power, right and actual authority to bind Provider to the terms and conditions of this Agreement. 37, NO WAIVER. Waiver by either Party of a breach of any covenant of this Agreement will not be construed to be a continuing waiver of any subsequent breach. City's receipt of rent with knowledge of Provider's violation of a covenant does not waive City's right to enforce any covenant of this Agreement. No wavier by either Party of a provision of this Agreement will be considered to have been made unless expressed in writing and signed by all parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement by their officers therein duly authorized as of the date and year first written above. 16 Page K-1.65
ATTEST:

TEAM SHEEPER, L.L.C.
501 Laurel Street
Menlo Park, CA 94025
17 Page K-1.66
Exhibits
A Burgess Pool Site Map
B. Belle Haven Pool Site Map
C. Scope of Services
D. SOLO Schedule and Terms
18 Page K-1.67

EXHIBIT A

BURGESS POOL MAP
------
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·;-·;···
I I
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·+-+-
:-t):=:-- _..J_ ,t __ ..:,=_
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. ...J~----
' -7:
=-i
•• i ' ",r :rl+, ; ,TTTfT ,~ '~,cgf .~;--+-:--+-;--i;-'-'1--s--f- J: I . . L lL J --~ -: --~: ____ £_ __ , ____ . --"·- 0 Page K-1.68

EXHIBIT B
BELLE HA VEN POOL MAP:

Parking Lot

I I I I
I I
Mechanical Room Woman's
-
&Chemical Men's Locker
Storage Locker Room
Room Office
-
Main Pool
Mechanical and
Chemical
Storage Room
Wading Pool
Page K-1.69

EXHIBIT C
Menlo Swim and Sport
2018 Scope of Services

1. Lap Swim
.•
Description: Community based, non-structured, fitness swimming in both performance and instructional pools with the goal of having lane availability whenever the business is open. Drop-in and membership options
Frequency: 7 days/wk, year-round
Times: Opening to closing
Belle Haven: Weekdays during all open hours, year-round

2. Open Swim
Description: Community-based, non-structured, play and family time in both the performance and instructional pool. Increasing pool availability during warmer high demand seasons. Drop-in and seasonal memberships options.

Frequency: 7 days/wk, year-round
Times: Late morning to evening hours, all-day on weekends BeHe Haven: Summer focus-4 hours/daily

3. Menlo Aquatics-Youth Year-Round Swim Team
Description: Community-based, structured and programmed with performance incentives including weekend off-site coached events and competitions. Segmented and serving various age-groups from 6-18 year olds. Monthly memberships.

Frequency: 6 days/wk, year-round
Times: After school to late evening weekdays and late morning on Saturdays Belle Haven: F,ull program not avaflable, but Belle Haven is used during summer.

4. Menlo Mavericks-Youth Summer Swim Team
Description: Community-based, introductory-level, structured and coached 10-week program that is part of a regional competitive league with weekday and weekend events. Monthly memberships.

Frequency: Monday-Saturday, summer only
Times: Morning and afternoon hours throughout the summer Belle Haven: Not available

5. Menlo Mavericks-Youth Water Polo Team
Description: Community-based, year-round team that serves introductory and intermediate level players that compete locally and regionally. Monthly memberships.

Frequen·cy: 3 days/wk
Times: Afternoons year round
Belle Haven: Only available at Belle Haven

6. Menlo Swim School
Page K-1.70
Description: Community-based, year-round service that targets individuals 6 months to adults. Small group, semi-private and private instruction that teaches to class ability level. Various segmented levels that supports time efficient and optimum improvement. Monthly membership.

Frequency: 7 days/wk, year-round.

Times: Mornings to late evening with a long lunch break.

Belle Haven: Available spring, summer and fall

7. Camp Menlo-Summer and School Holiday Camps
Description: Community based, seasonal program that serves youth from 4.5-15 year olds with 5 different offerings of week-long camps. Pre and post camp care is available.

Most campers take part in a small group swim lesson each day. Weekly fee.

Frequency: Monday-Friday for 10 weeks spanning the summer months.

Times-Early morning to late afternoon options.

Belle Haven: Not available at Belle Haven

8. Menlo Masters-Adult Swim Team
Description: Community-based, year-round team that serves introductory to advanced participants. Stroke and fitness improvement along with growth of interpersonal relationships and connection to the community are the goals. Local, regional and international competitions are a part of the curriculum. Monthly memberships and daily drop-ins available.

Frequency: Several daily workouts available
Times: Before work, lunch-time and weekend morning offerings Belle Haven: Not available

9. Team Sheeper Triathlon-Adult Triathlon Program
Description: Community-based, year-round team that serves introductory to advanced participants. Improving personal skills and fitness along with community connection are the main goals. Monthly membership. ,
Frequency: A few workouts on daily basis year round
Times: Before work, lunch-times and evenings during the week and morning on weekends
Belle Haven: Not available

10. Aqua Fit-Adult Water Exercise
Description: Community based, year-round program that targets the non-swimming fitness seekers including the senior population seeking respite from gravity based land exercises. Cardio-vascular and muscular strength improvement is focused upon.

Monthly memberships and daily drop-ins available.

Frequency: Offered daily, excluding Saturday
Times: Early mornings weekdays and Sunday, evenings on Tuesday and Thursday Belle Haven: Not available
Page K-1.71

11. Aqua Wellness- Adult Water Therapy
Description: Community based, year-round program that targets individuals who need assistance with range-of-motion in joints, muscular strength and coordination or are in recovery from an illness or surgical procedure. Monthly memberships or daily drop-ins available.

Frequency: 3 mornings per week
Times: Mid to late morning hours
Belle Haven: Not available

12. Menlo Mavens-Women's Water Polo Team
Description: Community based, year-round program that attracts beginners to high level players. The uniqueness of the program serves as a connection point for many women who thrive on interacting with other inspiring and courageous women in the community. The team competes locally, regionally and internationally. Monthly membership and drop-in options available.

Frequency: 2 time per week
Times: Weekday evening and weekend morning
Belle Haven: Annual weekend tournament is hosted at Belle Haven

13. Pro Services-Private Premium Coaching_
Description: Personal and tailored premium coaching available for clients who do not fit into our established group structure or for those who want the extra attention from a professional level instructor. Monthly memberships or per session fee available.

Frequency: Daily, year-round
Time: Flexible and available all open hours
Belle Haven: Available during open hours with a highly experienced professional

14. Safety Academy-lifeguard Certification Courses
Description: Red Cross certified lifeguard classes are instructed by our Red Cross certified instructors for anyone in the community or region who are seeking their Red Cross lifeguarding certification. A 3-day, 30+ hour course that blends on-site learning and on-line learning. Certification class fee.

Frequency: Monthly year-round, and weekly during peak summer months Times: Friday evenings, and full day Saturdays and Sundays.

Belle Haven: A portion of the classes are conducted at Belle Haven

15. Community Rentals and Clinics
Description: For profit and not for profit community based rentals agreements are entered into throughout the year. An underwater hockey team, a youth swim team {SOLO), a triathlon team {Team in Training) are the year-long agreements. Along with Boy scouts, Cub scouts, Girl Scouts and public and private schools, personal swim clinics.

Full pool and individual lane rentals are available
Frequency: Daily, year-round
Time: Various times throughout the year
Page K-1.72
Belle Haven: Synchronized swimming is the predominant agreement

16. Menlo Boot Camp-Adult Land Based Exercise Classes
Description: Community based, year-round program focused on improving general functional strength and well-being for adults. Strength and endurance_ exercises are used in a group setting that forms community and purpose for life-long vitality and mobility. Monthly memberships and daily drop-in options available.

Frequency: Weekdays, year-round
Times: Early and-mid-morning hours
Belle Haven: Not available

17. Pro Shop-Food and Merchandise
Description: Support of fuel and gear for the community members using the aquatic or surrounding campus at Burgess Park. low prices on food and merchandise and the high accessibility of the store make it a convenience for staff and participants.

Frequency: Daily, year-round
Times: During all open hours
Belle Haven: Available on a reduced scale.

Page K-1.73

EXHIBIT D

SOLO SCHEDULE AND TERMS
The SOLO Aquatics swim team ("SOLO") will be able to use Burgess Pool and Belle Haven Pool on the following terms: ·
a. Lane space will be provided from 4:00 to 5:30 p.m., Monday through Friday, eight (8) lanes in Burgess performance pool September 1st · through May 31 stb. Lane space will be provided from 4:00 to 5:30 p.m., Monday through Friday, four (4) lanes in Burgess performance pool June 1st through August 31 st .. Additional lanes may be provided at current rental rates during summer if Provider agrees and open swim attendance allows. c. Rental rate will be $14 per lane hour for the term of the Agreement. d. SOLO may elect to opt out of any of the hours provided for herein . with 30 days notice.
e. SOLO will be billed thirty (30) days in advance and on a monthly basis. Any payment not received by Provider within fifteen (15) days of the due date shall be subject to a late payment. penalty of five percent (5%} of the amount due.
f. When the Belle Haven Pool is operational, youth swim team rental shall have the option· to use the Belle Haven Pool at agreed upon rates and times.
g. Youth swim team will have access lobby area of the Burgess Pool for marketing purposes to be approved by Provider in advance. h. SOLO shall provide proof of insurance listing the Provider and City as additional insureds. ·
i. SOLO shall comply with all of the facilities policies and rules of conduct.
j. SOLO may not allow any other organization or individual to use any of the privileges or services provided by the Provider
k. SOLO is responsible for the control .and supervision of all participants in their program.

I. If storage is provided for equipment at the request by SOLO, the Provider is not responsible for any damages or losses to the SOLO's equipment.
m. They City and Provider reserve the right to close the pool(s} at any time for maintenance or any safety reason. Provider will make every attempt to give notice when possible and assist with informing the SOLO and its participants.
n. Provider shall have the right to terminate its agreement with SOLO by written notice to the SOLO for any default or. breach of any term or condition herein. SOLO will be provided not less than thirty (30) days notice and opportunity to cure any notice of default. Provider shall provide City with. a copy of any. notice of default provided to SOLO.

Page K-1.74
o. City requires a written agreement on a form approved by the City Attorney between the two parties with a copy provided to the City no later than the commencement of the Term of the Agreement between the City and Provider; provided however, Provider shall not be considered in default of the terms and provisions of the Agreement if SOLO has refused to execute a written agreement with Provider on such form approved by the City Attorney.

Page K-1.75
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: 7/26/2022
Staff Report Number: 22-145-CC
Regular Business: Waive the first reading and introduce an ordinance adding Chapter 8.70 creating a process for
obtaining film permits
Recommendation
Staff recommends the City Council waive the first reading and introduce an ordinance adding Chapter 8.70 (“Film Permits”) to the Menlo Park Municipal Code.

Policy Issues
The United States Constitution and California Constitution guarantees the right of the people to peaceably assemble and speak or protest in public places.

In enacting the Motion Picture, Television, and Commercial Industries Act of 1984, the Legislature encourages local government to develop uniform procedures for issuing permits and to charge fees for the use of public property or employee services, which do not exceed the reasonable costs of providing the property or services for which the fees are charged (Government Code Secion 14998.10.) Background
The State of California, through the California Film Commission (CFC), created a model film ordinance, which provides a template for best practices. Adopting the model film ordinance framework will improve the permitting process, clarify procedures and standardize practices throughout various city departments. Staff has incorporated these practices into the proposed updates to the City’s Film Ordinance, to ensure that the film permitting process:
• Allows for mitigation of concerns from neighboring residents and businesses affected by filming; and • Eliminates practices that have in the past that created impediments to filming; and • Cost recovery
To help with developing the proposed ordinance, streamline policies and procedures and provide consistency within our own processes, staff from the city attorney’s office, city manager’s office, community development, library and community services, police, and public works departments have worked together to develop the proposed ordinance. At the same time, staff has strived to create consistency in processes and workflow.

Analysis
Consistent with Government Code Sections 14999.20 through 14999.37, the City developed a process for granting film permits using the CFC’s model ordinance. The Film Permitting Ordinance empowers the AGENDA ITEM K-2 Page K-2.1
Staff Report #: 22-145-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org director of public works or their designee to receive and process applications for film permits and creates a process for the orderly issuance and enforcement of permits for filming activity taking place within the City.

The following types of filming need not obtain a permit under the proposed ordinance: “small operations,” defined as filming activity involving 10 or fewer people not requiring closure of city streets or any City services, not obstructing free passage, and not using pyrotechnics or non-domestic animals; filming by news media, filming at a studio, still photography and City-produced government access films. Any other filming activity, as defined, taking place on public or private property is subject to the permit requirement.

Under the terms of the proposed ordinance, the director of public works has 28 days to review and issue or deny an application. The proposed ordinance also creates a mechanism for cost recovery and use charges to the extent authorized by law, while not unduly burdening filming activities in the City.

Government Code Section 14999.21 requires cities to submit a draft of a film permitting ordinance to the CFC at least 30 days before adoption. On July 5, 2022, City staff has submitted the attached ordinance to the CFC for review and comment. Pursuant to the requirement in Government Code Section 14999.21, the CFC’s comments are advisory and must be considered by the City Council before adoption. Staff will return to the City Council for a second reading and adoption of the Film Permit Ordinance when the 30-day period has elapsed.

The CFC provided comments, attached hereto as Attachment B. City staff worked with the city attorney’s office to incorporate some of the CFC’s comments, including requiring a permit for filming activity on both private and public property and defining “small operations,” as including only 10 people, rather than the 25 which the City had originally included. City staff preferred to maintain the 28-day application timeframe rather than incorporate the CFC’s comment on this item, due to the necessity to coordinate among many different departments and meet with the applicant before to permit issuance. Since “small operations” are exempt from obtaining a film permit, the filming activities that are subject to a permit are anticipated to require this additional time for adequate coordination.

Impact on City Resources
The proposed ordinance gives the public works director or designee the authority to review and issue or deny film permits. The City will need to update the Accela (City’s permitting system) infrastructure and coordinate enforcement (if needed) with the police department.

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 proposes 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. Proposed ordinance
B. CFC comments
Page K-2.2
Staff Report #: 22-145-CC

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

Judi A. Herren, Assistant to the City Manager/ City Clerk Report reviewed by:

Tamar Burke, Assistant City Attorney
Page K-2.3
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK ADDING A NEW CHAPTER 8.70 “FILM PERMIT” TO THE CITY WITHIN TITLE 8 OF THE MENLO PARK MUNICIPAL CODE
WHEREAS, in enacting the Motion Picture, Television, and Commercial Industries Act of 1984, the Legislature intended to encourage local government to develop uniform procedures for issuing permits and to charge fees for the use of public property or employee services, which do not exceed the reasonable costs of providing the property or services for which the fees are charged (Government Code § 14998.10); and
WHEREAS, the City of Menlo Park wishes to create a process for the orderly issuance and enforcement of permits for filming activity taking place within the City; and WHEREAS, the City also wishes to create a mechanism for cost recovery and use charges to the extent authorized by law, while not unduly burdening filming activities in the City; and WHEREAS, the California Film Commission has published a Model Filming Ordinance providing general guidance to local government entities adopting a film permitting ordinance, which has been considered by the City in the creation of these regulations; and WHEREAS, consistent with Government Code section 14999.21, the City Clerk transmitted a draft of this proposed ordinance and regulations to the California Film Commission on July 5, 2022, and consistent with the requirements of California Government Code section 14999.21(b). The California Film Commission has reviewed the proposed Ordinance and the City Council has considered any findings provided by the Commission in adoption of these regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

SECTION 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

SECTION 2. Adoption of Chapter 8.70 – Film Permits, of Title 8 – Peace, Safety, and Morals, of the Menlo Park Municipal Code.

A new Chapter 8.70 – Film Permits, of Title 8, Peace, Safety, and Morals, is hereby added to the Menlo Park Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 3. Severability.

If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court or competent jurisdiction, such invalidity shall not affect other provisions or clauses or application, and to this end, the provisions and clauses of this ordinance are declared to be severable.

Page K-2.4 ATTACHMENT A
SECTION 4. California Environmental Quality Act.

The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Article may have significant effects on the environment.

SECTION 5. Publication; Effective Date.

This Ordinance shall be published once, in full or in summary form, after its final passage, in a newspaper of general circulation, published, and circulated in the City of Menlo Park, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those City Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of Menlo Park, County of San Mateo, State of California.

INTRODUCED on the twenty-sixth day of July, 2022.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

A. Chapter 8.70 – Film Permits, of Title 8 – Peace, Safety, and Morals, of the Menlo Park Municipal Code
Page K-2.5 Ordinance No. XXXX