Agenda — Menlo Park City Council, July 26, 2022 (part 1 of 4)

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

SPECIAL AND REGULAR MEETING AGENDA
Date: 7/26/2022
Time: 5:00 p.m.

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

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

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

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

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

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

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
July 26, 2022

Page 2 ends

Special Session
A. Call To Order
B. Roll Call
C. Agenda Review
Closed Session
D. Closed Session
Public Comment on these items will be taken before adjourning to Closed Session D1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (one potential case)
Regular Session
E. Report from Closed Session
F. Presentations and Proclamations
F1. Proclamation: July as Parks and Recreation Month (Attachment) F2. Recognition: RethinkWaste Trash-to-Art Contest (Attachment) G. Public Comment
Under “Public Comment,” the public may address the City Council on any subject not listed on the agenda. Each speaker may address the City Council once under public comment for a limit of three minutes. Please clearly state your name and address or political jurisdiction in which you live. The City Council cannot act on items not listed on the agenda and, therefore, the City Council cannot respond to non-agenda issues brought up under public comment other than to provide general information.

H. Advisory Body Member Reports
H1. Receive and file Environmental Quality Commission progress report (Staff Report #22-147-CC) I. Consent Calendar
I1. Accept the City Council meeting minutes for June 28 and July 12, 2022 (Attachment) I2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #22-140-CC)

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
July 26, 2022

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I3. Authorize the city manager to enter into master professional agreements with Cotton, Shires and Associates, Inc. and Ninyo & Moore Consulting Geotechnical and Civil Engineer (Staff Report #22-139-CC)
I4. Adopt a resolution approving an exception to the 180-day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224 (Staff Report #22-141-CC)
I5. Authorize the city manager to enter into agreements with Aqua-Metric Sales Company and Sensus USA Inc. for the automated water meter infrastructure project (Staff Report #22-143-CC) I6. Adopt a resolution to reduce the posted speed limit in school zones consistent with the California Vehicle Code (Staff Report #22-146-CC)
J. Public Hearing
J1. Receive the Elections Code Section 9212 report regarding the proposed initiative measure entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-148-CC) J2. Determination of action, pursuant to Elections Code Section 9215, regarding the proposed initiative measure entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or ReZoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-142-CC)
J3. 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 (Staff Report #22-149-CC)
K. Regular Business
K1. 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 (Staff Report #22-144-CC)
K2. Waive the first reading and introduce an ordinance adding Chapter 8.70 creating a process for obtaining film permits (Staff Report #22-145-CC)
L. Informational Items
L1. City Council agenda topics: August 2022 (Staff Report #22-150-CC) M. Adjournment
N. City Councilmember Reports

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Special and Regular Meeting Agenda
July 26, 2022

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Closed Session
O. Closed Session
O1. Closed Session Pursuant To Government Code Section 54956.95:
(1) LIABILITY CLAIM
Claimant: Richard Struckman
Agency claimed against: City of Menlo Park
(2) LIABILITY CLAIM
Claimant: Richard Struckman
Agency claimed against: City of Menlo Park
Regular Session
P. Report from Closed Session
Q. Adjournment
At every regular meeting of the City Council, in addition to the public comment period where the public shall have the right to address the City Council on any matters of public interest not listed on the agenda, members of the public have the right to directly address the Council on any item listed on the agenda at a time designated by the chair, either before or during the City Council’s consideration of the item.

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

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

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

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

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

Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 07/21/2022)

PARKS AND RECREATION MONTH
JULY 2022
WHEREAS, parks and recreation are an integral part of communities throughout this country, including the City of Menlo Park; and
WHEREAS, parks and recreation promote health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation promote time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and
WHEREAS, parks and recreation encourage physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS, park and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS, parks and recreation increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and recreation are fundamental to the environmental well-being of our community; and
WHEREAS, parks and recreation are essential and adaptable infrastructure that help our communities be resilient in the face of natural disasters and climate change; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the City of Menlo Park recognizes the benefits derived from parks and recreation resources
NOW, THEREFORE, BE IT PROCLAIMED I, Betsy Nash,
Mayor of the City of Menlo Park, hereby proclaim that July is recognized as Park and Recreation Month in the City of Menlo Park.

Betsy Nash, Mayor
July 26, 2022

AGENDA ITEM F-1 Page F-1.1
1 RETHINKWASTE TRASH-TO-ART CONTEST1ST PLACE: MS. WHITELEY’S 4TH GRADE CLASS, LAUREL SCHOOL“HONEY WORLD”
AGENDA ITEM F-2
Page F-2.1
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: 22-147-CC
Advisory body reports: Receive and file Environmental Quality Commission progress report
Recommendation
This report provides updates to accompany Chair Kabat’s presentation (Attachment A) on progress toward the goals outlined in the Environmental Quality Commission work plan (Attachment B) and information about subcommittee members and objectives.

Policy Issues
The Environmental Quality Commission (Commission) is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. This includes initiatives related to the adopted Climate Action Plan (CAP) to reduce greenhouse gas emissions (GHGs), upholding or denying appeals for heritage tree removals, and discussing various environmental issues that arise from subcommittees, regional groups and/or members of the public.

City Council Policy CC-22-004 (Attachment C) was adopted in March 2019 and outlines the procedures, roles and responsibilities of the City Council-appointed advisory bodies, including the responsibility to provide periodic progress reports to City Council.

Background
Commission meetings are held on every third Wednesday of the month. Since the start of the COVID-19 pandemic, meetings have been held virtually beginning at 6 p.m. using Zoom remote meeting software.

The last update from the Commission to the City Council was November 16, 2021, where the City Council received the report, approved the work plan (Attachment B) and directed staff to engage with stakeholders and return for a study session discussing an ordinance banning gas powered leaf blowers. This update covers December 2021 through June 2022.

In April 2022, three new Commissioners, Nancy Hedley, Jeffrey Lin and Jeffery Schmidt, were appointed to the Commission. In May 2022, the Commission selected Commissioner Tom Kabat as Chair and Commissioner Nancy Hedley as Vice Chair. Chair Kabat will be presenting the Commission’s progress to the City Council at the public meeting. The Chair and Vice Chair also meet each month to set the agenda.

As identified in the work plan approved by the City Council in November 2021, the Commission’s priorities are listed in the following table.

AGENDA ITEM H-1 Page H-11
Staff Report #: 22-147-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: Commission work plan priorities
Priority number Description
1 CAP – Continue to recommend/advise on implementation of the City’s adopted 2030 CAP initiatives to achieve or surpass the City’s GHG reduction target, which includes:
• Adoption of an existing building electrification policy (Action #1) • Promotion of City goals for increasing electric vehicles (EVs) and decreasing gasoline sales (Action #2)
• Implementation of a program or policy to expand access to EV charging for multi-family and commercial properties (Action #3)
• Reduction of vehicle miles traveled (VMT) by 25% or an amount recommended by the Complete Streets Commission (Action #4)
• Elimination of fossil fuels from municipal operations, including fleet vehicles, gardening equipment, furnaces, water heaters, pool heaters, etc. (Action #5) • Development of a climate adaptation plan to protect the community from sea level rise and flooding (Action #6)
2 Urban Canopy Preservation – Continue to recommend/advise development of a comprehensive urban canopy strategy for Menlo Park, which includes monitoring the effectiveness of the City’s Heritage Tree Ordinance, hearing heritage tree appeals and consider establishing an urban canopy inventory.
3 Green and Sustainable Initiatives – Support sustainability initiatives, as needs arise, which may include but not be limited to habitat protection, healthy ecology, environmental health protection, healthy air, surface water runoff quality, water conservation and waste reduction. 4 Gas Powered Leaf Blower Ordinance – Recommend/advise City Council on a gas-powered leaf blower ordinance.

Analysis
Highlights since the last update to City Council in November 2021 are listed in the table below. Links to meeting agendas and minutes for each meeting can be found in the Agendas and Minutes section of the Commission webpage (Attachment E.)
Page H-12
Staff Report #: 22-147-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 2: Commission meeting activity summary
Meeting date Topic Action
December 15, 2021 Invitation to join ICLEI150 and “the Race to Zero” Recommended City join “the Race to Zero”
January 19, 2022 Meeting canceled None
February 16, 2022 EV charging match incentive
Received presentation and with split vote on the
motion did not take an action to recommend a
rebate matching Peninsula Clean Energy’s EV
charging incentive for existing multi-unit
properties
March 16, 2022 Choose and recommend reach code
option
Supported advancement of staff’s
recommendation to City Council to adopt reach
codes for new and existing construction, and
recommended additional measures for existing
buildings (see Chair presentation Attachment A
and meeting minutes for full details.)
April 20, 2022 Meeting canceled None
May 18, 2022

1. Selection of Chair and Vice Chair

2. Public Urban Tree Canopy Preservation
Implementation Presentation

1. Selected Tom Kabat as Chair and Nancy
Hedley as Vice Chair

2. Received informational presentation from city
arborist and public works management analyst
June 15, 2022

1. Selection and appointments to
subcommittees

2. Review of Chair’s quarterly report to City
Council

1. Disband Gas Powered Leaf Blower
Subcommittee and select commissioners to
remaining subcommittees (see Attachment C for
subcommittee descriptions and members)

2. Received Chair draft presentation and
provided input for changes
To advance work in priority areas the Commission forms subcommittees to enable interested Commissioners to collaborate more directly with each other, subject matter experts and members of the public. In June 2022, the Commission reviewed, refined and appointed new members to subcommittees.

The Gas Powered Leaf Blower Subcommittee was disbanded, as the City Council directed staff to develop a policy and staff are working to bring forward a study session item in the next few months. A table outlining the subcommittees with descriptions, members, and related CAP focus is included as Attachment D.

In discussing the quarterly report to the City Council, the Commission indicated reach codes for building electrification as a top priority and noted preliminary coordination with third party groups to discuss an Urban Tree Canopy master plan was underway.

Impact on City Resources
Staff time to support the Commission is included in the city’s baseline operations. Staff meet with the Chair and Vice Chair monthly to prepare agendas that require posting on the city’s website and physical locations.

In addition, staff prepare draft and final meeting minutes on behalf of the Commission, and coordinate and facilitate communications between commissioners and/or the public based on requirements of the Brown Act. Staff also respond to questions and serve as an educational point of contact on city process and operations as it relates to the Commission and related subcommittee’s work plan.

Page H-13
Staff Report #: 22-147-CC

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

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

Attachments
A. Chair’s progress report presentation
B. Commission work plan 2021-2022
C. City Council Policy CC-22-004
D. Commission subcommittee table
E. Hyperlink – Commission webpage: beta.menlopark.org/Government/Commissions-andcommittees/Environmental-Quality-Commission Report prepared by:

Ori Paz, Management Analyst II
Report reviewed by:

Rebecca Lucky, Sustainability Manager
Page H-14
Environmental Quality
Commission
Quarterly Update July 2022 from EQC Chair Tom Kabat

ATTACHMENT A
Page H-15
AGENDA
Review EQC ActivitiesCommunity ConcernsLooking Forward
Page H-16
Environmental quality Commission
Mission
Commissioners:

Angela EvansLeah Elkins Tom Kabat Janelle LondonNancy Larocca Hedley (new)Jeffery Lin (new)Jeff Schmidt (new) Thanks and farewell to:Deborah MartinJames PayneJosie GaillardRyann Price 3 Advise City Council on matters involving environmental protection, improvement and sustainability Page H-17
Climate Science update
 IPCC Scientists, and International Energy Agency agree:

Current fossil fueled machinery’s normal lifetime emissions push 2 degree C limit.  There is no more climate space (below 2 degrees) for
newly installed fossil fueled equipment.
 We have used up all the waiting time Now we are now deep into in the action time.

Page H-18
Implications for cities
 Society must pivot to electric alternatives at time of A) new construction, B) at time of additions and C) at replacement to hold at 2 degrees.  We would need to replace before burnout to stay under 2 degrees.
 We also need other viable intervention points. Almost all CAPs and equivalent policies are not keeping up with the evolving science of climate change.

Examples are sequencing added steps into a plan
ahead of taking action with any segment.

Page H-19
Menlo Park
 Menlo Park’s CAP closed the ambition gap
 (The goal is science based, in proportion with holding to 1.5 degree rise)
 Menlo Park still has
 an action gap and  an achievement gap (gaps in the policy actions and community achievements needed to stay on track to meet the science-based targets.

Page H-110
Review EQC Activities
Page H-111
Review of EQC Activities
 Climate Action Goal Set
 Net zero by 2030 (90% emission reduction, 10% sequestration )  Climate Action Plan
 First year FY 2020-2021 activities are ongoing, but more are needed.
 City Council recommended public outreach ahead of
additional actions on existing buildings. (CAP 1)
 EQC members have been doing some outreach
(electrification workshops, Earth Day events, etc.)
8 Page H-112
Climate Action Plan overview
9 CAP Action Description Lead (Division and position)No. 1 - Convert 95% of existing buildings to all-electric by 2030 Draft reach codes and provide incentives
Sustainability- Sustainability Manager Building Division- Assistant Community Development Director No. 2 - Increasing EV sales to 100% by 2025 and decreasing gasoline sales 10% each year Defer implementation to the Beyond Gas Initiative (BGI) BGI under Joint Venture Silicon Valley
No. 3 - Expand access to EV charging for MF and commercial Promote state and regional charging incentives
Sustainability – Sustainability Manager
No. 4 - Reduce vehicle miles traveled (VMT) by 25% or amount set by CSC Manage SB2 Housing Grant, complete TMA feasibility study and implement VMT guidelines Planning and Transportation Divisions
No. 5 - Eliminate the use of fossil fuels from municipal operations Electrify City facilities, convert fleet, reduce employee commute emissions Sustainability – Management Analyst II
No. 6 - Develop a climate adaption plan for sea level rise and flooding protection Continue work with regional partners and City SAFER Bay grant application Two proposed FY22-23 FTEs Sustainability (long-range planning and outreach) and Engineering for SLR protection (design) Page H-113
Review of EQC Activities (Continued)
 Commissioner Evans assisting developing with city’s low income housing electrification project
 Commissioner London assisting with Beyond Gasoline Initiative  California and other states are adopting building codes to encourage or require electrification like Menlo Park’s 2019 Reach Code, but more local action is needed to demonstrate new and better methods of accelerating progress  Commissioner Schmidt assisting with coordination of
preliminary discussions about an urban tree canopy master plan 10 Page H-114
Partnering with Leaders
 Recommend that Menlo Park join ICLEI Race to Zero,
while maintaining the 2030 carbon neutral goal and further recommend the City Council requests creating a subgroup of cities that have a 2030 carbon neutral goal. (ICLEI has now created the subgroup) 11 Page H-115
Building Reach Code Recommendations
Recommend proposed new construction reach codes and existing building electrification measures with additional advice to: (1) consider returning to City Council for additional existing building electrification measures after the Bay Area Reach Codes Initiative releases existing building options and the City considers support services packages, such as available financial programs and/or a public private partnership with BlocPower and (2) the following specific measures are added to the proposed existing building measures:
(a) in-lieu fee added to any exceptions provided for both new and existing buildings, (b) parking lot alterations require electric vehicle (EV) charging, (c) require 100 percent EV charging equipment installed for new construction, (d) streamline permit processes, (e) consider hardship exemptions, (f) alteration or addition larger than 200 square feet require full building electrification, (g) consider a replace-at-end-of-life requirement with implementation occurring at a future date, e.g. 2 years after adoption) h) consider a long lasting ordinance versus every three-year adoption cycle (e.g. health and safety ordinance) 12 Page H-116
Important Action for 2022
 Adoption of Electrification Reach Codes to pursue CAP Action 1  (Electrification of 90% of buildings by 2030) Including existing  New Construction Reach Codes are needed again
 Without costly exemptions that create expensive retrofit situations
 Reach Codes are needed for remodels, additions etc. Reach Codes are needed to prevent costly installation of fossil fired replacement equipment and one-way air conditioners where electric alternatives are affordable.  In lieu fees may assist applicants with difficult situations 13 Page H-117
Community Concerns
Page H-118
Public Comments Voiced to EQC
 Climate change
 High level of urgency  Concerns regarding climate equity, climate action eqity and affordability Accelerated progress on CAP is needed to meet science-based goals  Inclusion of volunteers outside of commissioners to address climate action in Menlo Park
 Desire of citizens to volunteer for assisting the city with climate preservation.  There is a Friends of the Library volunteer group, is it a model for other efforts? Citizens organized the “We Love Earth Festival” on 4/16/22  Concerns regarding gas powered leaf blowers Interest in dine-in establishments using reusable food-ware Heritage Trees and urban canopy 15 Page H-119
Looking Forward
Page H-120
Looking Forward
 Urgency of Climate Change & Community Engagement
 Role of the EQC and commissioners to further
education and CAP goals
 Update of CAP going beyond the six first year actions of 2020
 Consider recommendations regarding CAP items 1, 2,
4, and 6
17 Page H-121

THANK YOU
Page H-122
1 Commission work plan guidelines
Step 1 Review purpose of Commission as defined by Menlo Park City Council Policy 3-13-01.

Step 2 Develop a mission statement that reflects that purpose.

Step 3 Discuss and outline any priorities established by City Council.

Step 4 Brainstorm goals, projects, or priorities of the Commission and determine the following:

A. Identify priorities, goals, projects, ideas, etc.

B. Determine benefit, if project or item is completed
C. Is it mandated by State of local law or by City Council direction? D. Would the task or item require a policy change at City Council level? E. Resources needed for completion? (Support staff, creation of subcommittees, etc.) F. Completion time? (1-year, 2-year, or longer term?)
G. Measurement criteria? (How will you know you are on track? Is it effective? Etc.) Step 5 Prioritize projects from urgent to low priority.

Step 6 Prepare final work plan for submission to City Council for review and approval in the following order:
- Work plan cover sheet, listing of members, priority list, work plan worksheet – Steps 1 through 8.

Step 7 Use your “approved” work plan throughout the term of the plan as a guide to focus in on the work at hand.

Step 8 Report out on work plan priorities to the City Council, which should include:

A. List of “approved” priorities or goals
B. Status of each item, including any additional resources required in order to complete C. If an item that was on the list is not finished, then indicate why it didn’t occur and list out any additional time and/or resources that will be needed in order to complete ATTACHMENT B Page H-123
2 Environmental Quality Commission
Mission Statement
Environmental Quality Commission
Work Plan for 2021-2022
The Environmental Quality Commission (EQC) is committed to helping the City of Menlo Park to be a leading sustainable city that is well positioned to manage present and future environmental impacts, including the grave threat of climate change. The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, environmental improvement, sustainability and climate change.

Page H-124
3 Environmental Quality Commission
2021-2022
Commission members listing
Commissioner (Chair) Ryann Price
Commissioner (Vice Chair) Janelle London
Commissioner Leah Elkins
Commissioner Josie Gaillard
Commissioner Tom Kabat
Commissioner Deborah Martin
Commissioner James Payne
Page H-125
4 Environmental Commission
Priority List
The Environmental Quality Commission has identified the following priorities during 2021-2022:

1. Climate Action Plan (CAP) – Continue to recommend/advise on implementation of the City’s adopted 2030 Climate Action Plan initiatives to achieve or surpass the City’s greenhouse gas (GHG) reduction target, which includes:
• Adoption of an existing building electrification policy (Action #1) • Promotion of City goals for increasing EVs and decreasing gasoline sales (Action #2) • Implementation of a program or policy to expand access to EV charging for multi-family and commercial properties (Action #3)
• Reduction of vehicle miles traveled (VMT) by 25% or an amount recommended by the Complete Streets Commission (Action #4)
• Elimination of fossil fuels from municipal operations, including fleet vehicles, gardening equipment, furnaces, water heaters, pool heaters, etc. (Action #5)
• Development of a climate adaptation plan to protect the community from sea level rise and flooding (Action #6)

2. Urban Canopy Preservation – Continue to recommend/advise development of a comprehensive urban canopy strategy for Menlo Park, which includes monitoring the effectiveness of the City’s Heritage Tree Ordinance, hearing heritage tree appeals and consider establishing an urban canopy inventory.

3. Green and Sustainable Initiatives – Support sustainability initiatives, as needs arise, which may include but not be limited to habitat protection, healthy ecology, environmental health protection, healthy air, surface water runoff quality, water conservation and waste reduction.

4. Gas Powered Leaf Blower Ordinance- Recommend/advise City Council on a gas-powered leaf blower ordinance.

Page H-126
5 Environmental Quality Commission
Work Plan
Step 1
Review purpose of
Commission as
defined by Menlo
Park City Council
Policy 3-13-01
The Environmental Quality Commission is charged with advising the City Council on the following matters:
• Mitigating climate change by reducing community-wide greenhouse gas emissions to zero as rapidly as possible and inspiring other cities to follow,
• Preparing the community for the effects of climate change, especially the threat of sea level rise, flooding and drought,
• Preserving heritage trees, maintaining the urban canopy, making determinations on appeals of heritage tree removal permits and organizing an annual Arbor Day tree planting event, • Advising on programs and policies related to all other areas of environmental sustainability, including protection of natural areas, recycling and solid waste reduction, environmentally sustainable practices, air and water pollution prevention, and water and energy conservation.

Step 2
Develop or review a
mission statement
that reflects that
purpose
The Environmental Quality Commission (EQC) is committed to helping the City of Menlo Park to be a leading sustainable city that is well positioned to manage present and future environmental impacts, including the grave threat of climate change. The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, environmental improvement, sustainability and climate change.

Step 3
Discuss any
priorities already
established by City
Council
• Make gains on our Climate Action Plan
Page H-127
6 Step 4 *The goals and priorities identified below are not listed in order of magnitude. *Brainstorm goals, projects
or priorities of the
Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
Climate Action Plan (CAP) –
Continue to
recommend/advise on
implementation of the City’s
adopted 2030 Climate
Action Plan initiatives to
achieve or surpass the
City’s greenhouse gas
(GHG) reduction target,
which includes:
• Action #1: Review and
recommend/advise on a
policy to phase out the
use of fossil fuels of
existing buildings
• Action #2: Advise on
whether to work with BGI
for promoting citywide
goals of increasing EVs
and decreasing gasoline
sales
• Action #3: Review and
recommend/advise on
policies and programs to
increase access to EV
charging for multi family
and commercial properties
• Action #4: Recommend
that Council request CAP
action #4 be included on
Complete Streets
• Other cities inspired to
join us in adopting
bold climate action, as
happened with City’s
all-electric Reach
Code
• Reduced GHG
emissions
• Reduced air pollution
• Reduced traffic
congestion
• Improved public health
• Increased community
engagement for
emissions reductions
• Reduced risk of
stranding fossil fuel
assets
• Increased equity and
environmental justice
• Increased
preparedness for sea
level rise and other
climate threats
• Demonstrated
environmental
leadership
• Improved
transparency on city
goals and activities to
meet GHG targets
Yes 
No
Yes 
No
• Subcommittees
• Possible
partnerships with
organizations,
businesses, other
commissions
• Staff time
• Consultants/contrac
tors
2 years 1. City reports progress
on CAP metrics such
as gasoline sales, EV
registrations, natural
gas sales, water
heater replacements,
etc.

2. City adopts policy for
phasing out the use of
fossil fuels in existing
buildings

3. City launches program
to assist multi-family
and commercial
building owners to
install EV charging

4. Complete Streets
proposes a VMT
reduction goal

5. City makes progress
on developing a
climate adaptation
plan

6. Other cities copy
Menlo Park’s climate
policies and programs

Page H-128
7 Commission Work Plan
(reduce vehicle miles
traveled (VMT) by 25% or
an amount recommended
by the Complete Streets
Commission)
• Action #5: Continue to
advise/recommend ways
to electrify municipal
buildings, fleet and
landscaping equipment
• Action #6: Continue to
advise/recommend a
climate adaptation plan to
protect the community
from sea level rise and
flooding
• Recommend 2021-22
Climate Action for Council
Adoption
• Advise/recommend
Council support for State
adoption of impactful
impactful CALGreen and
energy reach codes for
the 2022 building code
update
• Continue to provide
recommendations/advice
that improves
communication with the
community about the
Climate Action Plan
• Recommend City strategy
for sharing our policies
and analysis with other
cities to inspire and help
others adopt bold climate
action
Page H-129
8 Urban canopy preservation
– Continue to recommend/
advise development of a
comprehensive urban canopy
strategy for Menlo Park, which
includes monitoring the
effectiveness of the new
Heritage Tree Ordinance,
hearing heritage tree appeals,
and consider establishing an
urban canopy inventory. • Receive update on
implementation and
operation of the Heritage
Tree Ordinance and
recommend adjustments
as needed
• Research ways other
cities measure health of
urban forest and make a
recommendation to
Council
• Improved public
awareness and
satisfaction with
Heritage Tree policies
• Efficient functioning of
the Heritage Tree
policies
Yes 
No
Yes
No

• Subcommittee • Staff time budgeted
Ongoing
• Reduction in the
number of healthy
trees removed
• Increase in the
diversity and quality of
trees within the entire
urban canopy
• Improved coordination
with the planning
process
• Deliver
recommendation on
conducting inventory
and catalogue of urban
tree canopy
Green and sustainable
initiatives – Support
sustainability initiatives, as
needs arise, which may
include but not be limited to
habitat protection, healthy
ecology, environmental health
protection, healthy air, surface
water runoff quality, water
conservation and waste
reduction. • Develop recommendation
for pesticide posting
ordinance
• Support initiatives
improving air and water
quality
• Reduced cases of
asthma
• Clean air • Clean water • Reduced
environmental impacts
on health
• Reduced exposure to
pollutants
• More efficient water
usage
• Critical habitat
preserved
• Less waste generated
Yes 
No
Yes 
No
• Create
Subcommittee, if
needed
Ongoing
• Council and
community view
Commission as
responsive to
environmental
concerns
Page H-130
9 • Support initiatives
protecting environmental
health
• Support initiatives that
reduce waste
• Support initiatives that
conserve water
• Support initiatives that
improve the quality of
water runoff in the City
Gas Powered Leaf Blower
OrdinanceRecommend/advise City
Council on a gas-powered
leaf blower ordinance.
• Clean air
• Reduced exposure to
pollutants
• Improved public health
Yes 
No
Yes 
No
• Subcommittee 1 year Recommendation provided
to City Council
Page H-131
10 Step 5
List identified goals,
priorities and/or tasks for
the Commission
**Prioritize tasks by their significance
1 Urgent
2 1-year
3 2-year
4 Long term
Climate Action Plan (CAP) –
Continue to
recommend/advise on
implementation of the City’s
adopted 2030 Climate Action
Plan initiatives to achieve or
surpass the City’s greenhouse
gas (GHG) reduction target.
• Action #1: Review
and
recommend/advise
on policies to
phase out the use
of fossil fuels of
existing buildings
• Action #2: Advise
on whether to work
with BGI to
promote citywide
goals of increasing
EVs and
decreasing
gasoline sales
• Action #4:

Recommend that
Council request
CAP action #4 be
included on
Complete Streets
Commission Work
Plan (reduce
vehicle miles
traveled (VMT) by
25% or an amount
recommended by
the Complete
Streets
Commission)
• Recommend 2021-
22 Climate Action
for Council
Adoption

• Action #3: Review and
recommend/advise on
policies and/or programs
to increase access to EV
charging for multi family
and commercial
properties
• Action #5: Continue to
provide
recommendations/advice
to electrify municipal
buildings, fleet and
landscaping equipment
• Advise/recommend
Council support for State
adoption of impactful
impactful CALGreen and
energy reach codes for
the 2022 building code
update
• Action #6: Continue to
provide
recommendations/advice
in developing a climate
adaptation plan to
protect the community
from sea level rise and
flooding
• Continue to provide
recommendations/advise
on new climate actions
to be adopted by Council
in 2021
• Continue to provide
recommendations/advice
that improves
communication with the
community about the
Climate Action Plan
• Recommend City
strategy for sharing our
policies and analysis
with other cities to
inspire and help others
adopt bold climate action
• Track citizen
concerns on large
• Receive update on
operation and
• Provide advice on
developing an urban
Page H-132
11 Urban canopy preservation
– Continue to recommend/ advise
development of a comprehensive
urban canopy strategy for Menlo
Park, which includes monitoring
the effectiveness of the new
Heritage Tree Ordinance, hearing
heritage tree appeals, and
consider establishing an urban
canopy inventory.
scale tree removal
projects and
provide advice on
future policy
improvements as it
relates to tree
removals
implementation of the
Heritage Tree Ordinance
and recommend
adjustments as needed
forest master plan to City
Council
Green and sustainable
initiatives – Support
sustainability initiatives, as needs
arise, which may include but not
be limited to habitat protection,
healthy ecology, environmental
health protection, healthy air,
surface water runoff quality, water
conservation and waste
reduction.
• Develop recommendation
for pesticide posting
ordinance
• Support initiatives
improving air and water
quality
• Support initiatives
protecting environmental
health
• Support initiatives that
reduce waste
• Support initiatives that
conserve water
• Support initiatives that
improve the quality of
water runoff in the City
Gas Powered Leaf Blower
OrdinanceRecommend/advise City
Council on a gas-powered leaf
blower ordinance.
• Form a subcommittee
• Prepare recommendation
to City Council and
receive further direction
Step 6 Prepare final work plan for submission to the City Council for review, possible direction and approval and attach the Worksheets used to determine priorities, resources and time lines.

Step 7 Once approved; use this plan as a tool to help guide you in your work as an advisory body.

Step 8 Report out on status of items completed. Provide any information needed regarding additional resources needed or And to indicate items that will need additional time in order to complete.

Page H-133
Subcommittee descriptions
Building Decarbonization Transportation Decarbonization Climate Adaptation Climate Outreach Trees & Sustainable Initiatives
Gas powered
leaf blowers
This subcommittee of 2-3 people will
assist staff in developing policies and
plans to convert 95% of Menlo Park’s
existing buildings to all-electric by
2030.

Work will include:
• Researching the technical and
financial feasibility of converting the
City’s existing building stock to allelectric
• Researching financing options
available to assist community
members with conversions
• Researching policy and funding
mechanisms to assist low-income
households with conversions
• Reviewing legal frameworks for key
policies
• Facilitating City collaboration with
key regional agencies, such as
Peninsula Clean Energy
• Collaborating with City staff and
contractors in drafting key policies
• Preparing materials to help educate
the public about building
electrification
• Assisting City staff in completing
electrification of municipal buildings
• Developing Council
recommendations for 2021 CAP
actions related to building
decarbonization
This subcommittee of 3 people will assist
staff in developing policies and plans to
eliminate the use of fossil fuels in
transportation in Menlo Park by 2030.

Work will include:
• Researching the technical and financial
feasibility of policies and programs to
increase access to EV charging, especially
during the day and for residents of multifamily housing • Reviewing the offerings of service
providers who may be able to assist the
City and community members in building
out its EV charging network
• Reviewing legal frameworks for
proposed policies
• Serving as a liaison to the Complete
Streets Commission in developing and
achieving a City goal to reduce Vehicle
Miles Traveled by 25% through 1)
rezoning to support increased housing
density near transit and 2) the build out of
a network of connected bike/ped paths
throughout town
• Tracking and promoting the City’s goals
of 1) making all new vehicles be electric
by 2025 and 2) reducing gasoline sales
each year by 10%
• Assisting City staff in converting the
municipal vehicle fleet to all-electric by
identifying new electric vehicle offerings
for staff and Council consideration
• Developing Council recommendations
for 2021 CAP actions related to
transportation decarbonization
This subcommittee of 2 people will
research and inform City staff and
Council on strategies for preparing
the City for the effects of climate
change.

Work will include:
• Organizing the City’s
Arbor Day Tree Planting
event
• Assessing the
effectiveness of the City’s
new Heritage Tree
Ordinance and making
recommendations to EQC
for any changes needed
• Supporting Staff in
development of an
inventory and catalogue of
the urban tree canopy
• Receiving public concern
related to non-climate
sustainability concerns,
including: habitat
protection, healthy
ecology, environmental
health protection, healthy
air, surface water runoff
quality, water conservation
and waste reduction
• Recommending
appropriate responses or
programs to address public
concerns about nonclimate sustainability
matters
This subcommittee
will provide city
council with
advice on
potential policy
and/programs to
reduce or
eliminate the use
of gas powered
leaf blowers in the
community
This subcommittee supports CAP
actions #1 & 5
This subcommittee supports CAP actions
#2, 3, 4 and 5
This subcommittee supports CAP
action #6
This subcommittee supports
CAP action #1, 2, 3, 4 and 6
This subcommittee
supports EQC goals for
Urban Canopy Preservation
and Green and Sustainable
Initiatives not related to
the Climate Action Plan
This subcommittee
supports overall
GHG emission
reduction and CAP
action #5
Current members: Evans and Kabat Current members: none Current members: Elkins Current members: Kabat Current members: Elkins Current members:

Elkins
Page H-134

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-22-004
Adopted May 24, 2022
Resolution No. 6732
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has seven active Commissions and Committees. The active advisory bodies are:

Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

Six of the seven commissions and committees listed above are advisory in nature. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.12) and State statute (Government Code 65100 et seq., 65300-65401).

The City has an adopted Anti-Harassment and Non-Discrimination Policy (CC-95-001), and a Travel and Expense Policy (CC-91-002), which are also applicable to all advisory bodies.

Policies and Procedures
Relationship to City Council, staff and media
 Upon referral by the City Council, the commission/committee shall study referred matters and return their recommendations and advise to the City Council. With each such referral, the City Council may authorize the City staff to provide certain designated services to aid in the study.  Upon its own initiative, the commission/committee shall identify and raise issues to the City Council’s attention and from time to time explore pertinent matters and make recommendations to the City Council.  At a request of a member of the public, the commission/committee may consider appeals from City actions or inactions in pertinent areas and, if deemed appropriate, report and make recommendations to the City Council.  Each commission/committee is required to develop an annual work plan which will be the foundation for the work performed by the advisory body in support of City Council annual work plan. The plan, once finalized by a majority of the commission/committee, will be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. The proposed work plan must align with the City Council’s adopted work plan. When modified, the work plan must be taken to the City Council for approval. The Planning Commission is exempt from this requirement as its functions are governed by the Menlo Park municipal code (Chapter 2.12) and State law (Government Code 65100 et seq, 65300-65401).  Commissions and committees shall not become involved in the administrative or operational matters of City departments. Members may not direct staff to initiate major programs, conduct large studies or establish department policy. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature.

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
 Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that his or her statements do not represent the position of the City Council.  Commission/Committee members will have mandatory training every two years regarding the Brown Act and ATTACHMENT C Page H-135
2 parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body.

The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

City Councilmembers should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committee, City Councilmembers are to reflect the views of the City Council as a body. Being a commission/committee liaison bestows no special right with respect to commission/committee business.

Typically, assignments to commission/committee liaison positons are made at the beginning of a City Council term in December. The Mayor will ask City Councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the various committees, boards, and commissions which City Councilmembers will represent as a liaison. In the rare instance where more than one City Councilmember wishes to be the appointed liaison to a particular commission, a vote of the City Council will be taken to confirm appointments.

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.  Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Commission/Committee Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page H-136
3 provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

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

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that he or she is speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate. Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

Disbanding of advisory body
Upon recommendation by the Chair or appropriate staff, any standing or special advisory body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council.

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, city manager, city attorney, city clerk and other appropriate staff, as requested.  Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

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

Page H-137
4 3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.  The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.
 All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

4. Meeting locations and dates
 Meetings shall be held in designated City facilities, as noticed.  All commissions/committees with the exception of the Planning Commission, and Finance and Audit Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month and the Finance and Audit Committee shall hold quarterly meetings.  Monthly regular meetings shall have a fixed date and time established by the commission/committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the commission/committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the City Council and made available to the public.

The schedule of Commission/Committee meetings is as follows:
 Complete Streets Commission – Every second Wednesday at 7 p.m.  Environmental Quality Commission – Every third Wednesday at 6:00 p.m.  Finance and Audit Committee – Third Wednesday of every quarter at 5:30 p.m.,  Housing Commission – Every first Wednesday at 6:30 p.m.  Library Commission – Every third Monday at 6:30 p.m.
 Parks and Recreation Commission – Every fourth Wednesday at 6:30 p.m.  Planning Commission – Twice a month at 7 p.m.

Each commission/committee may establish other operational policies subject to the approval of the City Council.

Any changes to the established policies and procedures shall be subject to the approval of the City Council.

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

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

Page H-138
5 G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or his/her designee.  Appointments made during the middle of the term are for the unexpired portion of that term.

Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the city clerk’s office and on the City’s website.  The city clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline.

Applications sent by email are accepted; however, the form submitted must be signed.  After the deadline of receipt of applications, the city clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the city clerk will extend the application period for an indefinite period of time until sufficient applications are received.  Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the city clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted at a City Council meeting. The city clerk will ask each City Councilmember for their nominations; the number of nominations is limited to the number of vacancies. The candidate that receives a majority of nominations will be appointed. If there is a tie, multiple rounds of voting will occur.
 Following a City Council appointment, the city clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.
 An orientation will be scheduled by the city clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

Attendance
 An Attendance Policy (CC-91-001), shall apply to all advisory bodies. Provisions of this policy are listed below.  A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members.
 Absences, which result in attendance at less than two-thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the City Council.  Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence.  While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that he/she will be absent.
 When reviewing commissioners for reappointment, overall attendance at full commission meetings will be given significant consideration.

Page H-139
6 Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-91-002).

Conflict of interest and disclosure requirements
 A Conflict of Interest Code has been updated and adopted by the City Council and the Community Development Agency pursuant to Government Code §87300 et seq. Copies of this Code are filed with the city clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Planning Commission are required to file a Statement of Economic Interest with the city clerk to disclose personal interest in investments, real property and income. This is done within 30 days of appointment and annually thereafter. A statement is also required within 30 days after leaving office.
 If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. Questions in this regard may be directed to the city attorney.  In accordance with Resolution No. 6622, current and future members of the Complete Streets Commission and Housing Commission, are required to report any and all real property in Menlo Park for impacting land use, real property, and the housing element.

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee.

Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the city clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).  Resignations must be submitted in writing to the city clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.
 Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.  If a member resigns before the end of his/her term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are listed on the City Council agenda and posted by the city clerk in the City Council Chambers bulletin board and on the city website.
 Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).

Page H-140
7 • On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the city clerk and posted in the City Council Chambers bulletin board and on the city website. This list is also available to the public. (Government Code 54972, Maddy Act).

Roles and responsibilities
Complete Streets Commission
The Complete Streets Commission is charged primarily with advising the City Council on multi-modal transportation issues according to the goals and policies of the City’s general plan. This includes strategies to encourage safe travel, improve accessibility, and maintaining a functional and efficient transportation network for all modes and persons traveling within and around the City. The Complete Streets Commission's responsibilities would include:
 Coordination of multi-modal (motor vehicle, bicycle, transit and pedestrian) transportation facilities  Advising City Council on ways to encourage vehicle, multi-modal, pedestrian and bicycle safety and accessibility for the City supporting the goals of the General Plan  Coordination on providing a citywide safe routes to school plan  Coordination with regional transportation systems
 Establishing parking restrictions and requirements according to Municipal Code sections 11.24.026 through

11.24.028
Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
The Finance and Audit Committee is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City  Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Members serve with staff on a loan review committee for housing rehabilitation programs and a first time homebuyer loan program
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan Page H-141
8  The five most senior members of the Housing Commission also serve as the members of the Relocation Appeals Board (City Resolution 4290, adopted June 25, 1991).

Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
 The scope and degree of library activities
 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
Parks and Recreation Commission
The Parks and Recreation Commission is charged primarily with advising the City Council on matters related to City programs and facilities dedicated to recreation. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.  The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.  The Commission works on special projects as assigned by the City Council.

Special Advisory Bodies
The City Council has the authority to create standing committees, task forces or subcommittees for the City, and from time to time, the City Council may appoint members to these groups. The number of persons and the individual appointee serving on each group may be changed at any time by the City Council. There are no designated terms for members of these groups; members are appointed by and serve at the pleasure of the City Council.

Any requests of city commissions or committees to create such ad hoc advisory bodies shall be submitted in writing to the city clerk for City Council consideration and approval.

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
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9 Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
Procedure adoption 5/24/2022 Resolution No. 6732
Page H-143
Environmental Quality Commission Subcommittees
Building Decarbonization Transportation Decarbonization Climate Adaptation Climate Outreach Trees & Sustainable Initiatives This subcommittee of 2-3 people will
assist staff in developing policies and
plans to convert 95% of Menlo Park’s
existing buildings to all-electric by
2030.

Work will include:
• Researching the technical and
financial feasibility of converting the
City’s existing building stock to allelectric
• Researching financing options
available to assist community
members with conversions
• Researching policy and funding
mechanisms to assist low-income
households with conversions
• Reviewing legal frameworks for key
policies
• Facilitating City collaboration with
key regional agencies and nonprofits,
such as Peninsula Clean Energy
• Collaborating with City staff and
contractors in drafting key policies
• Preparing materials to help educate
the public about building
electrification
• Assisting City staff in completing
electrification of municipal buildings
• Developing Council
recommendations for 2021 CAP
actions related to building
decarbonization
This subcommittee of 3 people will assist staff
in developing policies and plans to eliminate
the use of fossil fuels in transportation in
Menlo Park by 2030.

Work will include:
• Researching the technical and financial
feasibility of policies and programs to increase
access to EV charging, especially during the day
and for residents of multi-family housing
• Reviewing the offerings of service providers
who may be able to assist the City and
community members in building out its EV
charging network
• Reviewing legal frameworks for proposed
policies
• Serving as a liaison to the Complete Streets
Commission in developing and achieving a City
goal to reduce Vehicle Miles Traveled by 25%
through 1) rezoning to support increased
housing density near transit and 2) the build
out of a network of connected bike/ped paths
throughout town
• Tracking and promoting the City’s goals of 1)
making all new vehicles be electric by 2025 and
2) reducing gasoline sales each year by 10%
• Assisting City staff in converting the
municipal vehicle fleet to all-electric by
identifying new electric vehicle offerings for
staff and Council consideration
• Developing Council recommendations for
2021 CAP actions related to transportation
decarbonization
• Facilitating City collaboration with key
regional nonprofits and agencies
This subcommittee of 2 people will
research and inform City staff and
Council on strategies for preparing
the City for the effects of climate
change.

Work will include:
• Attending meetings of the San
Mateo County Flood and Sea Level
Rise Resiliency District Board and
reporting back to EQC
• Working with staff and Council
members to engage community
members who will be most affected
by sea level rise to educate them and
take their input on how best to
address the issue
• Tracking Menlo Park’s plans for sea
walls and/or levees to protect the
community against sea level rise and
keeping the EQC apprised of those
plans
• Making recommendations to City
Council on proposed development in
the City’s future flood zones
• Researching other potential effects
of climate change on the City,
including wildfire, drought and heat
waves, and identifying plans to
address those effects
• Developing a proposal for capturing
10% of the City’s 2005 greenhouse
gas emissions by 2030 through direct
carbon removal
• Facilitating City collaboration with
key regional nonprofits and agencies
This subcommittee of 3 people will
devise strategies for educating
members of the public about Menlo
Park’s climate action plan to reduce
greenhouse gas emissions by 90% by
2030. Work will include:
• Identifying opportunities for Staff
and the EQC to educate the public
about climate change and Menlo
Park’s climate action plan
• Preparing educational materials
and promoting them, either in
conjunction with Staff or as private
citizens with a focus on
student/teacher/school outreach
• Devising a plan, including proposed
venues, for regularly presenting the
public with information about ways
to electrify buildings, decrease
gasoline consumption, reduce vehicle
miles traveled and prepare for
climate-related emergencies
• Relaying to EQC any public
feedback on the CAP and related
policy proposals
• Supporting the City’s formal
outreach effort on climate policies,
as directed by Staff
• Facilitating City collaboration with
key regional nonprofits and agencies
This subcommittee of 2 people will
support Staff in addressing all
sustainability matters not addressed by
the Climate Action Plan. Work will
include:
• Organizing the City’s Arbor Day Tree
Planting event
• Assessing the effectiveness of the
City’s new Heritage Tree Ordinance and
making recommendations to EQC for
any changes needed
• Supporting Staff in development of an
inventory and catalogue of the urban
tree canopy
• Receiving public concern related to
non-climate sustainability concerns,
including: habitat protection, healthy
ecology, environmental health
protection, healthy air, surface water
runoff quality, water conservation and
waste reduction
• Recommending appropriate
responses or programs to address
public concerns about non-climate
sustainability matters
• Facilitating City collaboration with
key regional nonprofits and agencies
This subcommittee supports CAP
actions #1 & 5
This subcommittee supports CAP actions #2, 3,
4 and 5
This subcommittee supports CAP
action #6
This subcommittee supports CAP
action #1, 2, 3, 4 and 6
This subcommittee supports EQC goals
for Urban Canopy Preservation and
Green and Sustainable Initiatives not
related to the Climate Action Plan
Current members: Evans and Kabat Current members: Schmidt Current members: Elkins Current members: Kabat, Hedley and Schmidt
Current members: Elkins Hedley and
Schmidt

ATTACHMENT D
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
REGULAR MEETING MINUTES – DRAFT
Date: 6/28/2022
Time: 6:00 p.m.

Location: Zoom
Regular Session
A. Call To Order
Mayor Nash called the meeting to order at 6:10 p.m.

B. Roll Call

Present: Combs, Mueller (arrived at 8:12 p.m.), Nash, Taylor, Wolosin

Absent: None
Staff: Interim City Manager Justin I.C. Murphy, City Attorney Nira F. Doherty, City Clerk Judi A. Herren
C. Agenda Review
ACTION: Motion and second (Nash/Combs), to reorder the agenda in order to hear item G1. related to the budget, once the full city council is present, passed 4-0 (Mueller absent).

D. Public Comment
• Vicki Robledo spoke on concerns related to landscaping on Willow Road and U.S. Highway 101.

E. Consent Calendar
E1. Accept the City Council meeting minutes for June 6, 13, 14, and 17, 2022 (Attachment) E2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #22-116-CC)
E3. Amend the agreement with APTIM Environmental and Infrastructure, LLC for the operation, maintenance and reporting of the Bedwell Bayfront Park Landfill leachate and gas collection and control systems (Staff Report #22-117-CC)
E4. Adopt resolutions authorizing staff to submit applications to the Metropolitan Transportation Commission for the One Bay Area Grant Program (Staff Report #22-118-CC) E5. Adopt a resolution of intention to abandon public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive (Menlo Uptown) associated with the proposed redevelopment of the project site (Staff Report #22-119-CC) E6. Adopt a resolution approving the fiscal year 2022-23 investment policy for the City and the former Community Development Agency of Menlo Park (Staff Report #22-122-CC) AGENDA ITEM I-1 Page I-1.1
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ACTION: Motion and second (Wolosin/ Taylor), to approve the consent calendar, passed 4-0 (Mueller absent).

F. Public Hearing
F1. Adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of assessment and ordering the levy and collection of assessments for Landscaping Assessment District for fiscal year 2022-23 (Staff Report #22-120-CC) (Presentation) Associate Transportation Engineer Esther Jung made the presentation (Attachment).

Mayor Nash opened the public hearing.
• Pam Jones spoke on concerns related how fees are assessed especially when there are no street trees on certain properties.

Mayor Nash closed the public hearing.

The City Council received clarification on how fees are assessed and administered.

ACTION: Motion and second (Combs/ Wolosin), to adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of assessment, and ordering the levy and collection of assessments and increasing the tree assessment by three percent, which amounts to an increase of $2.57 per single family equivalent (SFE) per year and the sidewalk assessment by three percent, which amounts to an increase of $1.38 per SFE per year for the Landscaping Assessment District (District) for fiscal year 2022-23, passed 4-0 (Mueller absent).

F2. Certificate of sufficiency of the petition for the proposed initiative measure entitled "A CitizenSponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or Re-Zoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-121-CC) City Clerk Judi Herren introduced the item.

Mayor Nash opened the public hearing.
• Vicki Robledo spoke on concerns related to information provided by the canvassers and in support of the Juneteenth celebration.
• Lynne Bramlett spoke in support of updating ConnectMenlo. • Michal Bortnik spoke in opposition of rezoning the Flood School site. • Housing Leadership of San Mateo County representative Ken Chan support of the City Council ordering a report.
• Katie Behroozi spoke on concerns related to the ballot measure language.

Mayor Nash closed the public hearing.

F3. Determination of action, pursuant to Elections Code Section 9215, regarding the proposed initiative measure entitled “A Citizen-Sponsored Initiative Measure to Amend the Land Use Element of the General Plan to Prohibit the City Council of the City of Menlo Park from Re-Designating or RePage I-1.2

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Zoning Certain Properties Designated and Zoned for Single Family Detached Homes” (Staff Report #22-129-CC)
City Attorney Nira Doherty introduced the item.

Mayor Nash opened the public hearing.
• Vicki Robledo spoke in support of the Flood Site utilization for homes and the even distribution of housing through rezoning other areas of Menlo Park (outside of District 1) and on concerns related to the building implications in the Belle Haven neighborhood. • Lesley Feldman spoke in opposition to the ballot measure and in support of additional housing outside of District 1.
• Pam Jones spoke on concerns related to the information provided by canvassers and in support of ordering the report with expert clarification on the ballot measure. • MidPen Housing representative Rebecca Barnes spoke in support of ordering the report. • Housing Leadership of San Mateo County representative Ken Chan spoke in support of ordering the report.

Mayor Nash closed the public hearing.

The City Council received clarification on future City Council implications, history of zoning changes of the proposed Flood School site, analysis in the report option and who creates the report (e.g., staff, consultants, etc.), next steps, estimated costs, and regulations surrounding City Council as a whole or individually holding a position on the ballot measure.

The City Council discussed the three options for city council action and considered adding the following to an unbiased report:
• racial and economic equity
• educational equity
• Menlo Park’s ability to comply with state housing laws • climate and traffic impacts
• impacts to existing sites included in the draft housing element • impacts to the Menlo Park Fire Protection District
• vehicle miles travel measurements
Vice Mayor Wolosin spoke in opposition of the proposed ballot measure due to the impact to the Flood School site.

ACTION: Motion and second (Combs/ Nash), to order a report pursuant to Elections Code section 9212 and to include the following in the report:
• racial and economic equity
• educational equity
• ability to comply with state housing laws
• climate and traffic impacts
• impacts to existing sites included in the draft housing element passed 4-0 (Mueller absent)

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G. Regular Business
The City Council reordered the agenda.

G2. Direction on the Burgess Pool aquatics operator agreement negotiation (Staff Report #22-124-CC) Library and Community Services Director Sean Reinhart made a presentation (Attachment).

The City Council took a recess at 7:43 p.m.

The City Council reconvened at 7:54 p.m.
• Warm Water Wellness Inc. Chief Executive Officer Lindsay Raike spoke on concerns related to discriminatory pricing and pool access.
• Thomas Prussing provided information on aspects of a future pool operator. • Janet Davis spoke in support of restating wellness programs and increased oversite of the provider.
• Eric Culin spoke in support of retaining Tim Sheeper (Sheeper) and restructuring of future agreement.
• Lynne Bramlett spoke in support of reexamining the agreement to serve the residents, requested more information on the provider’s expenses, concerns on splitting the contract, and requested clarification on bond measure funding.
• Julie Shanson spoke on concerns related to the current operator and lack of accessible programing and requested bring the operation of pool in house or requiring efforts of future providers for more accessible programing.

The City Council received clarification on Sheeper’s expenses and salaries, Sheeper’s survey on the use of pool, a middle ground between the City and Sheeper, Sheeper’s termination letter, and staffing requirement for open swimming at a community pool.

The City Council discussed Sheeper’s requests, including and excluding the Burgess and Menlo Park Community Center request for proposal (RFP), tax payers bond measure, the August 31, 2022 current term deadline, a new agreement term length, and renegotiating with Sheeper.

ACTION: Motion and second (Nash/ Taylor), to offer Sheeper a one-year contract, proceed with a RFP for both pools, and to be open to negotiations, 3-1-1 passed (Combs dissenting and Mueller absent).

The City Council took a recess at 9:23 p.m.

The City Council reconvened at 9:32 p.m.

G1. Adopt resolutions for fiscal year 2022-23: budget and capital improvement plan; establish appropriations limit; establish a consecutive 1 percent utility users’ tax rate through June 2023; establish the salary schedule effective July 3, 2022; extend rate assistance program through June 2023; establish direction for administration of American Rescue Plan Act funds; and accept award authority and bid requirement through June 2023 (Staff Report #22-123-CC) Interim Finance Director Marvin Davis, Extra Help Retired Annuitant – Administrative Services Director Mary Morris-Mayorga, an Interim City Manager Justin Murphy made the presentation Page I-1.4

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(Attachment).
• Lynne Bramlett spoke on concerns on the time that the public was able to provide input on the budget and in support of establishing a grant matching fund.

The City Council received clarification on service level enhancements, housing positions funding sources, police sergeant salary added to the salary schedule, and the include of the ballot measure report costs.

The City Council discussed the service level enhancement for a proposed emergency preparedness coordinator, including whether the position should be located in the city manager office and receiving informational reports on settlement claims under $86,000 going to City Council.

The City Council directed that the fiscal year 2023-24 budget earmark a portion of the American Rescue Plan Act (ARPA) funds specifically for residents of Menlo Park and consider moving the emergency preparedness coordinator to the city manager’s office.

ACTION: Motion and second (Combs/ Wolosin), to adopt a resolution determining that the utility users tax, is necessary for the financial health of the city, pursuant to section 3.14 of the Menlo Park municipal code and establishing a temporary tax percentage reduction in the utility users tax pursuant to section 3.14.130 of the Menlo Park municipal code, 4-1 (Taylor dissenting).

ACTION: Motion and second (Wolosin/ Nash), to adopt a resolution adopting fiscal year 2022-23 budget and capital improvement plan with the addition of the $86,000 for planning contract services for the ballot measure report/study, a resolution establishing the appropriations limit, a resolution amending the salary schedule effective July 3, 2022 with the inclusion and updates to police sergeant, a resolution extending the rate assistance program through June 2023, a resolution establishing direction for administration of American Rescue Plan Act funds, and accept award memo for authority and bid requirement through June 2023, passed unanimously.

H. Informational Items
H1. City Council agenda topics: July 2022 (Staff Report #22-125-CC) H2. Re-Imagining Public Safety Ad Hoc Subcommittee update (Staff Report #22-126-CC) H3. Receive and file an update on the solid waste and water rate assistance program (Staff Report #22-127-CC)
H4. ConnectMenlo Community Amenities Ad Hoc Subcommittee update (Staff Report #22-128-CC) I. City Manager's Report
Interim City Manager Justin Murphy reported out on a community survey at publicinput.com/communityprograms.

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J. City Councilmember Reports
Mayor Nash reported out that Senator Josh Becker is seeking potential State grant funding to support Menlo Park and BlocPower, the annual Association of Bay Area Governments meeting and a Peninsula Clean Energy update.

K. Closed Session
K1. Closed session pursuant to Government Code 54957.6: Conference with Labor Negotiator Agency Designated Representative: Mayor, Nira Doherty, Genevieve Ng Unrepresented Employee: City Manager
L. Report from Closed Session
No reportable actions.

M. Adjournment
Mayor Nash adjourned the meeting at 10:31 p.m.

Judi A. Herren, City Clerk
Page I-1.6

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council
REGULAR MEETING MINUTES – DRAFT
Date: 7/12/2022
Time: 6:00 p.m.

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

B. Roll Call

Present: Combs, Mueller, Taylor, Wolosin

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page I-1.9
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org City Council Regular Meeting Minutes – DRAFT
July 12, 2022

Page 4 ends

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

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

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

Judi A. Herren, Assistant to the City Manager/City Clerk Page I-1.10
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 7/26/2022
Staff Report Number: 22-140-CC
Consent Calendar: Adopt a resolution to continue conducting the City’s Council and advisory body meetings
remotely due to health and safety concerns for the
public and to authorize the use of hybrid meetings
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings.

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

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

Although the City has returned to in-person meetings, due to the prevalence of BA strains of the SARSAGENDA ITEM I-2 Page I-2.1 Staff Report #: 22-140-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org CoV-2 virus overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors.

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

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

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

Attachments
A. Resolution
Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page I-2.2
RESOLUTION NO. XXXX

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

ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY

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

ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting solely in person would present imminent risks to the health or safety of attendees; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 11, 2020 the City Council proclaimed the existence of a local state of emergency within the City, pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and
WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta and Omicron Variants are highly transmissible in indoor settings; and
WHEREAS, the Omicron subvariants of the SARS-CoV-2 virus is overtaking other variants in San Mateo County; and
WHEREAS, according to data from the County’s Health Administrator and County website, the County is averaging approximately 48 new cases per 100,000 of COVID-19 per day; and WHEREAS, although the City has returned to in-person meetings, due to the prevalence of BA strains of the SARS-CoV-2 virus overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors; and
WHEREAS, the State of California and the City of Menlo Park continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Page I-2.3 ATTACHMENT A
Resolution No. XXXX

Page 2 of 3 ends

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

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

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

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

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

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

Page 3 of 3 ends

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
Page I-2.5
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: 22-139-CC
Consent Calendar: Authorize the city manager to enter into master professional agreements with Cotton, Shires and
Associates, Inc. and Ninyo & Moore Consulting
Geotechnical and Civil Engineer
Recommendation
Staff recommends that the City Council authorize the city manager to enter into a master professional agreement for a two-year period, until June 30, 2024, with Cotton, Shires and Associates, Inc. (Attachment A) and Ninyo & Moore Consulting Geotechnical and Civil Engineer (Ninyo & Moore) (Attachment B) for geotechnical plan check services.

Policy Issues
This action is consistent with past practice in which master professional agreements have been established to streamline the purchase requisition process on a per-project basis. City Council authorization is required for the city manager to execute master professional agreements in excess of their financial authority.

Background
The City has utilized contract services through the master professional agreement process to augment City staff on an as-needed basis over the past two decades. The use of master professional agreements establishes continuity with contract personnel that are familiar with the regulations and policies of the City of Menlo Park and helps to streamline the work of the community development building division.

The most recent master professional agreements for building contract services were authorized by City Council June 4, 2019, for a five-year period. These agreements supplement staff on an as-needed basis to provide services in a timely manner.

Analysis
As part of the fiscal year 2022-23 budget, and in recognition of the current high level of development activity, the building division must continue to use contract services as a part of its overall resource management strategy. Specifically, contract plan checkers are used to review plans for large projects that would be time consuming for staff to review without impacting service levels for smaller projects and for their added expertise in reviewing complex plans. Master agreements are used with multiple firms in order to ensure prompt plan review turnaround and to take advantage of specialized expertise.

The building division has been using a geotechnical consultant to review specialized geotechnical reports for many years. Due to the changes in electronic processing technologies, the City is searching for a new geotechnical engineering review service. The City sent out a request for qualification and received three submittals: Achievement Engineering Corp, Cotton, Shires and Associates, Inc. and Ninyo & Moore AGENDA ITEM I-3 Page I-3.1
Staff Report #: 22-139-CC

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

Geotechnical firms are ranked by staff in order.

1. Cotton, Shires and Associates has worked in Menlo Park regularly, and mirror the City’s building management system using both Accela and DigEplan, keeping costs low by using a time and material billing system, have detailed maps to assist with the recognition of potential problematic soil conditions and have contributed to the State Special Publication 117A (guidelines for evaluating Liquefaction and Landslide hazards) and State Special Publication 42 (Earthquake Fault Zones.) Rate sheets provided show this company is the most economical for review of the geotechnical reports. City staff have identified Cotton, Shires and Associates as the City’s recommended primary geotechnical consultant.

2. Ninyo & Moore has a thorough understanding of local soils and geology, has worked with the City in the geotechnical format, has worked with Atterberg Limits – soil corrosivity and R-Value, are primarily electronic and create documents through Adobe Acrobat and are experienced with soil expansion indeces. Rate sheets provided show Ninyo & Moore is within industry standard. City staff would like to have Ninyo & Moore as a backup to Cotton, Shires and Associates for additional help on an as-needed basis if Cotton, Shires and Associates is not available.

3. Achievement Engineering Corp. has been in business for 12 years and has not worked in the City of Menlo Park. The evaluation for credentials and certifications along with rate sheets show this firm is at the high end of the industry. Therefore, staff does not recommend this firm.

The City would like to enter into a two year agreement with Cotton, Shires and Associates and Ninyo & Moore until June 30, 2024, which aligns with the expiration of other master agreements.

Impact on City Resources
The budgeted amount for building contract services in the fiscal year 2022-23 budget is $1.85 million. The revenues to support the building contract services are fully covered by building permit fees. Expenditures to support building contract services will be proposed in future fiscal year budgets based on the level of building activity in each of those years.

Geotechnical review services are structured as pass-through fees. The fee charged to the applicant by the City is the same as the fee charged to the City by the contractor with the addition of a $25 administrative fee per project to cover the cost of staff time.

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

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

Attachments
A. Cotton, Shires and Associates – agreement and request for qualifications (RFQ) B. Ninyo & Moore Geotechnical – agreement and RFQ
Page I-3.2
Staff Report #: 22-139-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Report prepared by:

Chuck Andrews, Assistant Community Development Director - Building Report reviewed by:

Nikki Nagaya, Public Works Director
Page I-3.3
CC Rev 20200301

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

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF MENLO PARK AND COTTON, SHIRES AND ASSOCIATES, INC.

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

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Geotechnical engineering peer review services WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

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

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

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

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

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

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

ATTACHMENT A Page I-3.4
2 CC Rev 20200301

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page I-3.5
3 CC Rev 20200301

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

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

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

Chuck Andrews
Community Development
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6757
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

David Schrier
Cotton, Shires and Associates, Inc.
330 Village Lane
Los Gatos, CA 95030
(408) 354-5542 x216
[email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

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

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

Page I-3.6
4 CC Rev 20200301

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

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

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

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

2. Liability insurance:

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

3. Professional liability insurance:

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

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

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

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

Page I-3.7
5 CC Rev 20200301

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

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

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

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

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

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

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

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

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

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

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

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

Page I-3.8
6 CC Rev 20200301

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

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

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

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

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

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

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

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

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of July 1, 2022 through June 30, 2024 unless extended, amended, or terminated in writing by CITY.

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7 CC Rev 20200301

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

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

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

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

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

FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page I-3.10
8 CC Rev 20200301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Building Division. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

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

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

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

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

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Cotton-Shires Vice President David T. Schrier.

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9 CC Rev 20200301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

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

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10 CC Rev 20200301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

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

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

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

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

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

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

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

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

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

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

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

Page I-3.13

CONSULTING ENGINEERS AND GEOLOGISTS
COTTON, SHIRES AND ASSOCIATES, INC.
330 Village Lane, Los Gatos, California 95030 (408) 354-5542 6417 Dogtown Road, San Andreas, California 95249 (209) 736-4252 699 Hampshire Road, Suite 101, Thousand Oaks, California 91361-2352 (805) 370-8710 Prepared for:

CITY OF MENLO PARK
Chuck Andrews
Community Development Assistant Director/Building Official City Hall
701 Laurel Street
Menlo Park, CA 94025
May 25, 2022

CITY OF MENLO PARK

RFQ FOR GEOTECHNICAL

ENGINEERING REVIEW SERVICES
Qualified Geotechnical Engineering Reviewer
EXHIBIT A-1
Page I-3.14
COTTON, SHIRES AND ASSOCIATES, INC.

CONSULTING ENGINEERS AND GEOLOGISTS
Northern California Office Central California Office Southern California Office 330 Village Lane 6417 Dogtown Road 699 Hampshire Road, Suite 101 Los Gatos, CA 95030‐7218 San Andreas, CA 95249‐9640 Thousand Oaks, CA 91361‐2352 (408) 354‐5542 • Fax (408) 354‐1852 (209) 736‐4252 • Fax (209) 736‐1212 (805) 370‐8710 www.cottonshires.com
May 25, 2022
P6202

COVER LETTER
SUBJECT: Geotechnical Engineering Review Services
PROPOSER: Cotton, Shires, and Associates, Inc.
330 Village Lane, Los Gatos, CA, 95030
CONTACT PERSON: David T Schrier, Vice President
(408‐354‐5542, Ex 216, [email protected])
Cotton, Shires and Associates, Inc. (CSA) is pleased to provide the City of Menlo Park with this short introduction to our firm and a brief summary of our geotechnical engineering peer review services. Upon reviewing our RFP response, we trust that you will find CSA uniquely qualified to provide the requested services because:
 We have been providing geotechnical peer review in the greater Bay Area for over 40 years.

We are presently providing geologic and geotechnical peer review for many communities in the Bay Area including Woodside, Portola Valley, Los Altos Hills, San Mateo County, Cupertino, and various other communities in the Bay Area and California.  We have professional relationships with Bay Area leading researchers in liquefaction hazard analysis (Dr. Bray, UCB, and Dr. Boulanger, UCD) and keep up to date with changes in professional practice.
 We have been acknowledged for our contributions to State Special Publication 117A (Guidelines for Evaluating Liquefaction and Landslide Hazards) and State Special Publication 42 (Earthquake Fault Zones).
 We provide the California Geological Survey (CGS) with input for Earthquake Zones of Required Investigation Maps.

We are interested and committed to providing quality geologic and geotechnical peer review services to the City. David T. Schrier has the authority to contractually bind CSA.

Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.

David T. Schrier
Principal Geotechnical Engineer, GE 2334
Page I-3.15
COTTON SHIRES AND ASSOCIATES, INC.

STATEMENT OF QUALIFICATIONS
Description of Firm
Cotton, Shires and Associates, Inc. (CSA) was incorporated in California in 1974, and is a full‐ service geotechnical consulting firm and California Certified Small Business with offices in northern, central and southern California. CSA is a partnership privately owned by five of its key principals: Patrick Shires, CE, GE, (President and Senior Principal Geotechnical Engineer) David Schrier, CE, GE (Chief Executive Officer and Principal Geotechnical Engineer); John Wallace, PG, CEG (Secretary and Principal Engineering Geologist); Andrew Mead PG, CEG (Chief Financial Officer and Principal Engineering Geologist), and Sam Nolan, CE, GE (Chief Engineering Officer and Principal Geotechnical Engineer).

Office Locations/Employees/Key Contact
CSA currently has 22 employees within three offices in California. The proposed services will be based out of our Northern California Office in Los Gatos, where David Schrier, Principal Geotechnical Engineer, will be the point of contact for the City.

Years in Business
Between 1974 and 1997 (23 years) our company was called William Cotton and Associates, Inc.

Between 1997 and present (25 years) our company name has been Cotton, Shires and Associates, Inc.

Description of Qualifications in Areas of Expertise and Services Provided – Geotechnical Peer Review
Cotton, Shires and Associates, Inc., (CSA) is a leader in the field of geologic and geotechnical peer review within the Bay Area. Since 1974, CSA has been identifying geologic hazards impacting proposed residential construction. We have assisted communities with the development of planning policies to guide prudent development in reference to geologic constraints. We have prepared detailed Hazard Maps to assist with the recognition of potential problematic ground, and we have prepared community wide Geologic Maps. We have become versed in the spectrum of mitigation design options that may be successfully utilized to address areas constrained by adverse geotechnical conditions. Several of our municipal clients have been utilizing our services for more than four decades. Our peer reviews have included numerous fault, landslide, and liquefaction site investigation reports for conformance with State investigation and mitigation requirements published by the California Geological Survey.

In addition, we regularly serve as geologic and geotechnical experts in litigation cases and have had the opportunity to learn and employ state of the art geotechnical investigation and analysis techniques. Combined with our broad peer review experience, we have gained an understanding of the ranges of acceptable and deficient geotechnical practices common in the Bay Area. We are familiar with the quality of work prepared by all major geologic and geotechnical firms in the Bay Area.

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COTTON SHIRES AND ASSOCIATES, INC.

By virtue of our long‐term services to several hillside communities, we have been approached to investigate and design solutions for several dozen municipal roadways that have been damaged by landsliding. Design solutions commonly involve corrective grading, retaining walls, reinforced earth and/or use of stitch piers. We have either been the primary design consultant or participated (as part of a team) in roadway repair projects ranging up to five million dollars in construction costs.

We have completed geotechnical investigation and recommended foundation design parameters for public schools, libraries, a variety of municipal buildings, public parks, bridges, and creek restoration projects. We also have extensive experience evaluating the geotechnical feasibility of public trail projects and have developed creative engineering solutions to complex problems (such as an undercrossing of Highway 101 for the Mountain View Shoreline Park Bay Trail).

We are also available to provide emergency response services after natural disasters such as major earthquakes or ground failure. CSA was part of the Earthquake Recovery Work Unit for Santa Cruz County after the Loma Prieta earthquake and inspected and processed more than 500 applications for repair of damaged structures.

We have participated in the Cal OES Safety Assessment Program (SAP) that provides engineers/geologists to assist local governments in safety evaluations of the built environment in the aftermath of a disaster. Our staff includes multiple registered SAP Evaluators.

Due to our extensive experience as expert witnesses in geology and geotechnical engineering, we can also offer the City litigation support services. We have participated in several “trip and fall” cases as well as forensic evaluation of damage causation related to geotechnical factors.

Overview Of Peer Review Services
CSA provides geologic and geotechnical peer review services for: 1) proposed projects subject to the Alquist‐Priolo Earthquake Fault Zoning Act; 2) proposed projects subject to the Seismic Hazards Mapping Act; and 3) other projects within the City as deemed necessary by the Community Development Director, City Engineer or Building Official, as applicable and in accordance with the City’s Zoning Code. The City may also request peer review of preliminary geologic and geotechnical scopes of investigative work proposed by Consultants for local projects. Our office is available for attending requested meetings with City Staff, Applicant’s and their Consultants, as well as pertinent Planning Commission and City Council meetings with geologic hazard concerns.

Cotton, Shires and Associates, Inc., (CSA) proposes to provide the above services to the City on an “on‐call basis” in which our firm acts as a Consultant to City staff. Our peer review workflow is structured to allow completion of a formal peer review letter (deliverable) within 5 (for small projects) to 10 working days of receiving authorization to proceed from the City. The time required for completion of each component is provided in the following detailed scope of work Page I-3.17
COTTON SHIRES AND ASSOCIATES, INC.
description. The following description presents our proposed approach and detailed scope of work for our geologic and geotechnical peer review.

Geologic and Geotechnical Review Procedure
Upon receiving written authorization from the appropriate City representative, we will initiate our peer review procedure, which typically involves three phases: 1) Geologic Data Compilation and Field Review, 2) a Review of submitted Geologic and Geotechnical Reports and Plans, and 3) Preparation of a Peer Review Letter. We have found that this approach works best for geologically and geotechnically complicated projects such as proposed improvements/developments in a hillside setting, near creek channel, or within liquefaction hazard zones.

1. Geologic Data Compilation and Field Review – This phase of our peer review provides an opportunity for the City Consultant (CSA) to inspect current site conditions and identify potential concerns and/or hazards which should be addressed by the applicant/developer’s consultants. This first phase of our peer review includes the following tasks:
 Review of available geologic and geotechnical data, including the subject geotechnical report, published geologic and hazard maps, and any subdivision or property‐ specific technical maps and reports in our office files or provided by the City;  Field reconnaissance of current site conditions for proposed construction (including neighboring areas with potential impacts to the proposed development area).

Recorded observations include topography (slope steepness, cut and fill slopes, etc.), cultural features (existing structures, utilities, foundation distress, etc.), drainage patterns and features (gullies, streams, ground water seeps, residential drainage, leachfields, etc.), and probable distribution of earth materials and geologic features (artificial fills, soil and colluvium, bedrock, landslide deposits, geologic contacts, faults, etc.). Site visits are typically performed in hillside environments, near suspected faults, and along creek channels. Site photographs are acquired during site inspections will be maintained in our project archives and will be provided to the City upon request.
 Geologic examination of fault trenches completed for projects within mapped fault zones (Pulgas Fault, Stanford Fault, San Jose Fault, and Unnamed fault zones); and  Geologic and geotechnicalengineering evaluation of local conditions and available data with respect to proposed construction.

2. Review of Geologic and Geotechnical Reports and Plans – Investigative reports that have been prepared for proposed developments are reviewed and evaluated to ensure that:
 The report conforms to State guidelines (117A and 42) as applicable  Site conditions and constraints have been properly characterized including potential seismic hazards and expansive soils, etc.

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COTTON SHIRES AND ASSOCIATES, INC.
 Supporting geologic and geotechnical data are adequate and consistent with conclusions concerning site conditions,
 Geotechnical design criteria and construction recommendations are appropriate for the proposed development,
 Particular attention is given to determining whether potential seismic hazards, slope instability, and expansive soils are addressed in geotechnical design recommendations for foundation design, earthwork activities and site drainage improvements. Surface and subsurface drainage issues are of particular importance in areas of marginal slope stability
 The provisions of the Menlo Park Municipal Code, (Title 12: Building & Construction) and pertinent policies are satisfied
 City adopted California Building Code of Regulations (Title 24), Parts 2 and 2.5 are satisfied
 Buildings located in areas susceptible to liquefaction are designed in conformance with the ASCE/SEI 7‐16/7‐22 Standards, and other applicable Building Code Standards when adopted by the City.

3. Preparation of Peer Review Letter ‐ Based on review and evaluation of the submitted geotechnical report, development plans and all other available data, a review letter‐report (deliverable) will be prepared that addresses the following:
 Summarizes the proposed development concept, site conditions and potential constraints to proposed development including recommended action to investigate and mitigate site constraints;
 Recommends either approval or non‐approval of applicable permits for the particular development application;
 Recommends Items (supplemental investigation and/or technical analysis or design criteria) to be addressed in order to demonstrate adequacy of the report and proposed mitigation methods; and
 Provides conditions to be satisfied prior to specific development stages (such as issuance of permits or granting of occupancy).

Attendance of Meetings
CSA representatives will also be available for attendance of meeting at City offices or via Zoom (or similar) to discuss property geologic and geotechnical constraints and facilitate resolution of outstanding Items.

Our system of geotechnical review is structured so that experienced staff‐ and senior‐level geologists and engineers generally perform the most time‐consuming tasks (i.e., background search, compilation of data, preparation for field inspection and the actual mapping of site conditions) under the direction of Supervising/Managing or Principal Geologists and Engineers.

Accumulated field data is evaluated in detail at our office by appropriate, more senior members Page I-3.19
COTTON SHIRES AND ASSOCIATES, INC.
of our staff. Pertinent geologic issues and engineering concerns are discussed with the Principals of the firm, and appropriate review comments or recommendations are formulated. Our office is benefitted by the number of qualified technical staff employed including multiple licensed Geotechnical Engineers and Certified Engineering Geologists.

Methods to Achieve Efficient and Effective Peer Review
Generally, the cost of the geologic/geotechnical review is directly related to the complexity of the site and the adequacy of the submitted documents. Our services are provided on a time and expenses basis as discussed in the following section. In performing review services, we aim to work closely with both the City and the Project Geotechnical Consultant, if applicable, to streamline the review process and our involvement in the City’s permitting system. We do not object to preemptive discussions with local Geotechnical Consultants and the City regarding forthcoming projects and find that these measures can save significant time in addressing potential technical concerns.

Four Project Examples
One project shall be for residential new construction or alteration with a pier‐and‐grade foundation on highly expansive soil:

Cotton, Shires, and Associates was the geotechnical engineer of record for a two‐story senior living facility in San Ramon, California. The geotechnical hazards at the site included expansive soils (PI=47). A CIDH (cast‐in‐drilled hole) deep pier and grade beam foundation system was selected to mitigate the uplift pressures caused by swelling of the highly expansive near‐surface soils. Piers were embedded at least 12 feet into competent siltstone bedrock (pier depths ranges from 15 and 70 feet). Void forms were recommended under all grade beams to provide swelling space without overstressing the members.

One project shall be for a revision to residential
construction where the situation required plan updates per the Consultant’s analysis:

Cotton, Shires, and Associates was the geotechnical
engineer of record for retaining wall project to stabilize the backyard of a residence that was undermined by San Francisquito Creek in Menlo Park, California. Cotton, Shires and Associates reviewed the plans and observed that the designed pier layout should be revised to avoid cutting heritage tree roots.

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COTTON SHIRES AND ASSOCIATES, INC.

One project shall be for commercial or industrial new construction of a building taller than 3 stories:

Cotton, Shires, and Associates was the geotechnical engineer of record for a new five‐story hotel and an above‐ground five‐ story parking structure in Mountain View, California. Our subsurface investigation included CPT’s (Cone Penetration Test) and borings to depths of 70 to 80 feet. We identified liquefiable and compressible soils underlying the site, developed static and seismic settlement estimates, identified bearing layers, and recommended that the hotel and parking structure be supported on an auger‐cast (auger pressure grouted displacement) deep foundation. Several of the piers were exposed to construct the elevator well and other
underground structures.

One project shall specifically address retaining walls or in ground swimming pools; with walls at least 7 feet tall
Cotton, Shires, and Associates was the geotechnical
engineer of record on a project to stabilize a roughly 100‐ foot long section of roadway that was being undermined by a landslide in San Bruno, California. The roadway was stabilized with a shear pin and tieback supported with 8 to 10 feet of lagging. After backfill, only 4 to 6 feet of the lagging was exposed. In addition to the subsurface
investigation, CSA surveyed the site, prepared a
topographic base map, prepared a geologic map and cross section, performed geotechnical analysis, developed
alternative stabilization measures, and provided
construction observation and testing services during construction.

Accela and DigEplan
We regularly use both Accela and DigEplan with other communities.

Billing Rates
We propose the following hourly billing rates for geologic and geotechnical peer review services:

Personnel Charges: Cost per Hour
Principal Geologist/Engineer $215
Supervising Geologist/Engineer $180
Senior Geologist/Engineer $160
Staff Geologist/Engineer $125
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COTTON SHIRES AND ASSOCIATES, INC.

The above rates reflect an average 20 percent discount off our 2022 standard fee schedule for private clients. We are able to offer the City discounted rates because of the relatively low business development costs associated with a long standing peer review agreement. We do not anticipate use of sub‐consultants. The following is our proposed rate for mileage to meetings or site inspections to be charged from our Los Gatos office. 2022 Mileage (or current IRS approved rate) $.585/mile
Key Personnel Availability
Our key staff, Craig Stewart P.G., and Kevin Harmon P.G., are available to work on City projects for up to 20% and David Schrier is available to work on City projects for up to 10% of our time.

Not to Exceed Costs and Recommended Deposit for Peer Review The total cost to complete geologic and geotechnical peer review of a project depends on several variables including the following: size of project, geologic complexity, completeness of submitted documents, number of required supplemental submittals, attendance of project meetings, discussions with City staff or applicant’s Consultants, extent of field inspections (e.g., inspection of fault trench), and flexibility of the project design team to address identified constraints.

Generally, we find that our services for municipal clients have been most successful when an initial deposit is received that is intended to cover both an initial and supplemental geologic peer review. Funds not used as part of our peer review for an approved project may then be returned to the applicant, and for complicated projects requiring multiple peer reviews (more than two letters) additional deposits may be required. Typically, other communities we consult with request an initial deposit of between $2,500 or $3,500 from the applicant for a single‐lot development prior to authorization. An estimated cost breakdown of our anticipated fees can be provided on request.

Our well‐established system of peer review is efficient, and we strive to complete peer review in an expedient and cost‐effective manner. We charge in quarter‐hour increments for the actual time required to complete the work. We understand that work should not proceed past Task Order or Transmittal authorizations. CSA shall send a written request to the City Project Manager if it is determined that additional work is needed to complete a Task Order. This request and City authorization must be obtained PRIOR TO completion of work exceeding an initial Task Order.

Total not‐to‐exceed costs for a given year of agreement services depends on the number and complexity of projects submitted for review.

Supplemental Services
In addition to providing review services, CSA is available to perform a range of engineering geologic and geotechnical engineering services for the community, including design‐level Page I-3.22
COTTON SHIRES AND ASSOCIATES, INC.
investigations for municipal projects (e.g., roadway, utility, retaining wall and other public works projects), geotechnical construction inspection, field and laboratory testing services, and other geologic/geotechnical consultation. The range of services provided by CSA is presented on our website www.cottonshires.com. Additional services that may be applicable to the City include the following:
 Preparation/update of City geologic and hazard maps;
 Updates to the City General Plan or City Code in regards to geologic hazards;  Emergency response and coordination, several of our staff are Post‐Disaster Safety Assessment Program (SAP) certified by CalOES;
 Geologic and geotechnical engineering site investigations;  Preparation of design drawings and specifications for roadway repairs, retaining walls, grading and landslide mitigation projects;
 Monitoring and risk assessment of landslide hazards (including piezometer and inclinometer installation); and
 Litigation support, person most qualified and expert witness testimony References
Carol Borck, Senior Development Review Technician

TOWN OF PORTOLA VALLEY
765 Portola Road
Portola Valley, California 94028
[email protected]
650‐851‐1700 ext. 211
Steve Padovan, Principal Planner

TOWN LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
[email protected]
650‐947‐2509
Sage Schaan, Principal Planner

TOWN OF WOODSIDE
2955 Woodside Road
Woodside, CA 94062
[email protected]
650‐530‐3432
Page I-3.23
CC Rev 20210301

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND NINYO & MOORE GEOTECHINCAL AND ENVIRONMENTAL

SCIENCES CONSULTANTS (NINYO & MOORE)
THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS (NINYO & MOORE), hereinafter referred to as “FIRST PARTY.” WITNESSETH:

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

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

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

ATTACHMENT B Page I-3.24
2 CC Rev 20210301

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

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

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

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

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

Page I-3.25
3 CC Rev 20210301

Chuck Andrews
Community Development
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6757
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Ransom Hennefer
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 2149 O’Toole Avenue Suite 30
San Jose, CA 95131
(408) 435-9000 x15304
[email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

Page I-3.26
4 CC Rev 20210301

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

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

2. Liability insurance:

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

3. Professional liability insurance:

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

Page I-3.27
5 CC Rev 20210301

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

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

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

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

Page I-3.28
6 CC Rev 20210301

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

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of July 1, 2022 through June 30, 2024 unless extended, amended, or terminated in writing by CITY.

Page I-3.29
7 CC Rev 20210301

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

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

FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page I-3.30
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Building Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

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

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

Page I-3.31
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

Page I-3.32
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

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

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

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

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

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

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

Page I-3.33
May 27, 2022
Proposal No. P08OAK02-01823
Mr. Chuck Andrews, Building Official
City of Menlo Park
Community Development - Building Division
701 Laurel Street
Menlo Park, California 94025
City of Menlo Park
RFQ for Geotechnical Consulting Services:

Qualified Consulting Geotechnical
Engineering Reviewer
EXHIBIT A-1
Page I-3.34
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 i Table of Contents
1 Cover Letter / 1
2 Statement of Qualifications / 2
3 Availability and Rate Sheets / 6
4 References / 8
Ninyo & Moore offers the City extensive geotechnical expertise gained from completing thousands of projects throughout Northern California.

I am extremely grateful for the support
Ninyo & Moore staff provides and
consider their value-added contributions
to be indispensable. In combination with
the timely manner and professional work
ethics, their effort and dedication are truly
commendable. I would like to express my
personal thanks and sincere appreciation
for their efforts and support to the City...
-Ray Chan, PE
former City Engineer
City of San Carlos
Page I-3.35
2149 O’Toole Avenue, Suite 30 | San Jose, California 95131 | p. 408.435.9000 | www.ninyoandmoore.com 1 | Cover Letter
City’s Single Point of Contact
Ransom Hennefer, PE, GE, ACI, ICC, Point of Contact | Principal Engineer 2149 O’Toole Avenue, Suite 30, San Jose, California 95131 408.435.9000, ext. 15304 (p) | [email protected] (e) A brief summary of general qualifications we offer the City includes:

LONG-STANDING PUBLIC WORKS SERVICE PROVIDER: Ninyo & Moore has specialized in providing geotechnical engineering to public agencies since opening over 35 years ago. Our team has a deep understanding of the unique challenges faced when working on behalf of multiple stakeholders under tight budgets or compressed schedules. Our understanding comes from managing numerous contracts for public agencies throughout Northern California, including entities such as the City, City of Fremont, City of San Mateo, and County of San Francisco.

THOROUGH UNDERSTANDING OF LOCAL SOILS AND GEOLOGY: Ninyo & Moore has been providing geotechnical engineering services for projects within the City for over 30 years, and, to date, has completed over 500 projects within city limits. Our team’s understanding of the local subsurface conditions coupled with our existing relationships with other potential project stakeholders will assist in the timely, on-budget completion of all required services.

DEEP BENCH OF RESOURCES TO SUPPORT THE CONTRACT: The Ninyo & Moore team will be led from our San Jose, California office, with support from our Alameda, California office as needed. This local team includes a number of professional, field and laboratory, and administrative support staff, and we are confident that our in-house resources can successfully support this contract throughout its duration.

We have reviewed the subject RFQ for consideration as we prepared our submittal. We appreciate your consideration of our capabilities and qualifications, and hope to continue our relationship with the City.

Sincerely,

NINYO & MOORE
Ransom Hennefer, PE, GE, ACI, ICC Nersi Hemati, PE, GE
Point of Contact | Principal Engineer Principal Engineer RS/RH/NH/gg/eb
Distribution: Electronic Upload via Planetbids
May 27, 2022
Proposal No. 08OAK02-01823
Mr. Chuck Andrews, Building Official
City of Menlo Park
Community Development - Building Division
701 Laurel Street
Menlo Park, California 94025
Subject: City of Menlo Park
RFQ for Geotechnical Consulting Services:

Qualified Consulting Geotechnical Engineering Reviewer
Dear Mr. Andrews:

Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore) is pleased to submit this proposal to provide the City of Menlo Park (City) Geotechnical Engineering Review Services under a 5-Year Master Agreement. We specialize in geotechnical engineering review services as part of the wide range of consulting services that we provide to our clients, including an on-call construction materials testing services contract that we currently hold with the City.

Ninyo & Moore was established in San Diego, California, on September 2, 1986, and incorporated as a Corporation in the State of California on March 3, 1987. In 1990, we established our first branch office in Irvine and have since grown to 16 office locations in California, Arizona, Nevada, Utah, Texas, and Colorado.

The City’s designated single Point of Contact for the agreement and RFQ process is Mr. Ransom Hennefer, PE, GE, ACI, ICC, who has successfully managed Ninyo & Moore’s on-call construction materials testing contract with the City. Ransom’s contact information includes:

DESCRIPTION OF FIRM

OUR EXPERIENCE OFFERS BOTH DIVERSITY & DEPTH
“S”
corporation in the State of California
535
widely recognized professional employees
36 years of innovative geotechnical and environmental solutions

QUALIFICATIONS IN AREAS OF EXPERTISE AND

SERVICES PROVIDED
Ninyo & Moore’s personnel are licensed in their specific disciplines and are fully committed to providing the necessary resources for successful completion of reviews and projects.

Ninyo & Moore has drawn from its staff of 535 professionals, a carefully selected and qualified team which includes registered Professional (Civil) Engineers, Geotechnical Engineers, Professional Geologists, and Certified Engineering Geologists.

Ninyo & Moore’s strengths lie in the knowledge of and
experience with the City’s scope of work, Municipal Code, and California Code of Regulations. Mr. Ransom Hennefer, PE, GE, ACI, ICC who has effectively managed Ninyo & Moore’s on-call construction materials testing contract with the City will be the Point of Contact/Principal Engineer. The table below summarizes Mr. Hennefer and the rest of our key personnel’s credentials and relevant project experience.

SUMMARY OF KEY PERSONNEL QUALIFICATIONS
Staff Name & Title Credentials Project Experience Services Provided Ransom Hennefer
Point of Contact |
Principal Engineer
10 Years Experience
PE 85603
GE 3152 • U-Haul Facility, Turlock, CA
• Robert Pools Renovation, Oakland, CA
• Residence 4711 Huntington Drive, Montclair, CA
• Commercial 121 E. Grand Avenue, San Mateo, CA
• Geotechnical Plan Review
• Geologic and Seismic
Literature Review
• Geotechnical Evaluation
• Geotechnical Peer Review
Nersi Hemati
Principal Engineer
44 Years Experience
GE 390 • Residence 10 Eton Way, Mill Valley, CA
• Residence 55 Spring Lane, Tiburon, CA
• Residence 375 Louise Court, Milpitas, CA
• Koret Building, San Francisco, CA
• Geotechnical Plan Review
• Construction Plan Review
• Geologic Literature Review
• Geotechnical Studies
David Seymour
Principal Engineering
Geologist
36 Years Experience
PG 5086
CEG 1574 • U-Haul Facility, Turlock, CA
• Robert Pools Renovation, Oakland, CA
• East Whisman DEIR, Mountain View, CA
• Hidden Canyon Residences and Preserve,
Pleasanton, CA
• Geotechnical Plan Review
• Geologic and Seismic
Literature Review
• Third-Party Review
• Geotechnical Review
Peter Connolly
Principal Engineer
30 Years Experience
PE 61547
GE 2707
• Robert Pools Renovation, Oakland, CA
• Albany High School, Albany, CA
• Floating Solar PV Project, Sonoma, CA
• Starr King Elementary School, San Francisco, CA
• Geologic and Seismic
Literature Review
• CA Geological Survey Letter
Review
• Geotechnical Peer Review
• Structural Plan Review
Anthony Dover
Principal Engineer
38 Years Experience
PE 51445
GE 2461
• Escravos Gas-to-Liquids Plant, Nigeria
• FEED for Early Works and Infrastructure, Kazakhstan
• Chevron Future Growth Project, Kazakhstan
• San Francisco International Airport Runway
Reconfiguration, San Francisco, CA
• Owner’s Oversight
• Lead Geotechnical Engineer
• Design Oversight
• Lead Geotechnical Subject
Matter Expert
Page I-3.37
3 2 | Statement of Qualifications
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 Project
Timeframe
Scope of Summary
Approximate Valuation
Firm’s Role
Relevant Staff
10 Eton Way, Mill Valley, CA
March 2018 to October 2020 | Deliverables ready within 5 business days.

Nersi Hemati Consulting Soil Engineer performed a geotechnical investigation including 4 test borings and had laboratory tests performed on select recovered soil samples.

He prepared a geotechnical report which partly discussed the presence of moderately expansive soils at the site. Drilled cast-in-place reinforced concrete were therefore recommended for foundation support of this single-family residence.

Mr. Hemati reviewed the foundation plans and details for the project and prepared a geotechnical plan review letter for submittal to the City of Mill Valley Building Department so that a building permit could be obtained.

Mr. Hemati supervised his field engineers who observed drilled pier foundations being drilled, dewatered and poured after placement of steel cages. Retaining wall back drains and under-slab subdrains were also observed during construction. $15,000
 Geotechnical Plan Review |  Geotechnical Investigation |  Laboratory Testing Nersi Hemati

PROJECT EXPERIENCE WITH RESIDENTIAL NEW CONSTRUCTION WITH HIGHLY EXPANSIVE SOIL

GEOTECHNICAL ENGINEERING FIELD EXPERIENCE
Established in 1986, Ninyo & Moore has provided geotechnical engineering, geologic, hydrogeologic, soil and materials testing and inspection, and environmental consulting services for public agencies throughout the western United States with a core segment of our business being performed under on-call or as-needed contracts. We have completed many projects similar to those requested for geotechnical engineering review services throughout California. Highlights of our specific project experience and capabilities relative to the City’s scope of work are detailed below.

I found Ninyo & Moore to be
Professional (they have deep in-house
core competency through their staff
and experience) and Responsive (their
corporate culture demands staff to
act in real time).
- Saeed Yousuf
former COO
Bothman Construction
Page I-3.38
4 2 | Statement of Qualifications
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 Ninyo & Moore has assisted the City of Oakland with a wide variety of projects. They have kept budgets to a minimum and have delivered a quality product. They have also demonstrated the ability to be flexible with both budgets and personnel as projects evolve. They are attentive to the City’s needs and excellent at keeping lines of communication open before, during and after a project.
- Mark Gomez
Supervisor, Environmental Protection & Compliance
City of Oakland
Project
Timeframe
Scope of Summary
Approximate Valuation
Firm’s Role
Relevant Staff
U-Haul Facility, 3701 Countryside Drive, Turlock, CA
January 2022 to February 2022 | Deliverables ready within 5 business days.

Ninyo & Moore performed a geotechnical evaluation for the proposed U-Haul facility located at 3701 Countryside Drive in Turlock, California. The proposed structure was a 4- to 5-story commercial building, including offices, storage, and parking. The purpose of the evaluation was to evaluate the underlying soil conditions as they relate to the construction of the proposed development and provide geotechnical data and recommendations for the design and construction of the project. $11,180
 Geotechnical Review |  Geotechnical Evaluation |  Geotechnical Design Ransom Hennefer, David Seymour
PROJECT EXPERIENCE WITH COMMERCIAL NEW CONSTRUCTION BUILDING TALLER THAN 3 STORIES Project
Timeframe
Scope of Summary
Approximate Valuation
Firm’s Role
Relevant Staff
55 Spring Lane, Tiburon, CA
December 2019 to March 2021 | Deliverables ready within 5 business days.

Nersi Hemati Consulting Soil Engineer performed a geotechnical investigation recommending drilled pier foundations for this residential project on a hillside in Tiburon.

Drilled piers had been recommended so that foundations would extend well into the underlying bedrock and capable of resisting lateral creep forces.

Plans were received indicating spread footing foundations after the contractor had started excavation the footings. After discussions with the project structural engineer, he revised the foundation design and drilled piers were specified. $15,000
 Construction Plan Review |  Geotechnical Investigation Nersi Hemati

PROJECT EXPERIENCE WITH REVISION TO RESIDENTIAL CONSTRUCTION WITH PLAN UPDATES Page I-3.39
5 2 | Statement of Qualifications
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 Project
Timeframe
Scope of Summary
Approximate Valuation
Firm’s Role
Relevant Staff
East Bay Regional Parks District, Robert Pools Renovation, Oakland, California December 2019 to March 2020 | Deliverables ready within 5 business days.

Ninyo & Moore performed a geotechnical evaluation for the Roberts Pool Renovation project. The project consists of construction of a new swimming pool with a footprint of approximately 6,300 square feet, a 2,300 square foot pool house located south of the pool, and a 1,200 square foot equipment and storage building located north of the pool. A new gabion cage retaining wall system was planned along the west and east sides of the pool with maximum heights of approximately 5 feet. The gabion retaining wall system on the east side consists of two terraced walls. A small retaining wall up to 3 feet high was also planned along the north side of the new ADA parking improvements.

Ninyo & Moore’s services included review of geologic and seismic literature pertinent to the project area including geologic maps and reports, regional fault maps, and seismic hazard maps; performance of site reconnaissance to observe the general site conditions, and mark; laboratory testing on selected soil samples to evaluate in-place soil moisture content and density, particle size distribution, Atterberg limits, expansion index, soil corrosivity, and R-value; data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing; and preparation of a geotechnical report presenting our findings, conclusions, and geotechnical recommendations for the project.
$17,400
 Geologic and Seismic Literature Review |  Geotechnical Evaluation |  Laboratory Testing Ranson Hennefer, David Seymour, Peter Connolly

PROJECT EXPERIENCE WITH IN-GROUND SWIMMING POOL WITH RETAINING WALL

ELECTRONIC PLAN REVIEW TECHNOLOGY CAPABILITIES
Ninyo & Moore has implemented a paperless work environment which uses minimal physical paper and instead uses primarily electronic and digital documents via Adobe Acrobat that allow our professionals and clients to electronically review, compile, manipulate, and analyze data in a proficient and reliable manner. Technical staff have access to a vast array of specialized geologic, geophysical, and engineering processing and interpretative software, including GSTABL, Bluebeam, SlopeW, LIQSV, GRLWEAP, SHAFT, LPILE Plus, AllPile, and LIQUEFY2.

AVAILABILITY
Ninyo & Moore has assigned a team with the experience,
expertise, and availability to provide the City with sufficient depth and capabilities to support any assigned project.

The table below illustrates our key personnel’s availability percentage.

SUMMARY OF KEY PERSONNEL AVAILABILITY
Staff Name & Title Availability
Ransom Hennefer
Point of Contact | Principal Engineer 100%
Nersi Hemati
Principal Engineer 100%
David Seymour
Principal Engineering Geologist 100%
Peter Connolly
Principal Engineer 100%
Anthony Dover
Principal Engineer 100%

RATE SHEET
Ninyo & Moore’s rate sheet based on hourly rates is
available on the following page.

Page I-3.41
7 3 | Availability and Rate Sheets
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 Ninyo & Moore | Project Name | Proposal No. | Date CA16 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 235 Senior Project Engineer/Geologist/Environmental Scientist.................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 180 GIS Analyst............................................................................................................................................................... $ 160 Technical Illustrator/CAD Operator .......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager........................................................................................................................................ $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ............................................................................................................................................ $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................. $ 135 Senior Technician..................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist ............................................................................................................................................... $ 120 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 120 Data Processor ......................................................................................................................................................... $ 95 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Nuclear Density Gauge ........................................................................................................................................ $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field technician and special inspection hours are charged portal to portal at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Page I-3.42
8 4 | References
Ninyo & Moore | City of Menlo Park, Geotechnical Engineering Review Services | P08OAK02-01823 | May 27, 2022 4 | References
Our success is measured by the satisfaction of our clients. As requested, we are providing the following references, who can attest to the quality of Ninyo & Moore’s services.

REFERENCES
Agency/Firm Name and Address Contact Information
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Mr. Mark Mennucci
Associate Landscape Architect
510.494.4700 (p) | [email protected] (e)
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Mr. Tim Shaw
Griffin Structures, Program & Construction Manager
408.955.0431 (p) | [email protected] (e)
Redwood School District
647 Veterans Boulevard, Suite A
Redwood City, CA 94063
Mr. Donald Dias
Bond Program Director
650.423.2238 (p) | [email protected] (e)
We selected Ninyo & Moore based on
your firm’s experience with Schools and
Community Colleges, the reputation
for responsive and quality work, as well
as your attention to detail. In particular,
we appreciate the diligence and total
commitment to providing quality work and
excellent client service. We appreciate
the professional and responsive service
provided by Peter Connolly, Project
Manager. I recommend Ninyo & Moore
to any agency or client who may
be considering Ninyo & Moore as its
geotechnical engineering and materials
testing and inspection firm.
- David Liggett
former Director of Facilities, Planning, &
Construction
City College of San Francisco
Page I-3.43
Administrative Services

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

STAFF REPORT
City Council
Meeting Date: 7/26/2022
Staff Report Number: 22-141-CC
Consent Calendar: Adopt a resolution approving an exception to the 180-day waiting period to hire a CalPERS retired
annuitant in accordance with Government Code
Sections 7522.56 and 21224
Recommendation
Staff recommends the City Council adopt a resolution (Attachment A) approving an exception to the 180- day waiting period to hire a CalPERS retired annuitant in accordance with Government code sections 7522.56 and 21224.

Policy Issues
CalPERS requires a governing body to adopt a resolution if a retired annuitant will return to work before the end of the 180-day waiting period.

Background
The Public Employees’ Pension Reform Act of 2013 (PEPRA) made substantial changes to public employee pension laws in California. One of those changes requires retired annuitants to be separated from employment for at least 180 days before returning to work for an employer in the same retirement system from which they receive a pension. An exception may be made if the governing body adopts a resolution to waive the waiting period for separation. The waiver allows an employer to hire a retired annuitant to perform work of limited duration, such as the elimination of backlogs, limited term special projects, and work that is in excess of what regular staff can reasonably perform.

Analysis
The police department has a critical need for communications dispatchers to perform the duties of vacant positions and/or in the event that a current regular employee is absent. The City of Menlo Park has two communications dispatcher positions which are currently staffed by trainees in the training program. The vacant positions are not considered filled until the trainees successfully pass the training program and are able to cover a dispatch shift without other supervision. Dispatch staffing protocols require a communications dispatcher to be present for all shifts; therefore, until the two trainees complete the training program, time off requests, sick calls, and vacant shifts must be covered by other dispatchers. An extra help retired annuitant helps offset the overtime costs and avoid burnout of full-time communications dispatchers until training requirements of new employees are met.

Impact on City Resources
Funds for this extra help retired annuitant position are contained within the fiscal year 2022-23 budget.

AGENDA ITEM I-4 Page I-4.1
Staff Report #: 22-141-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

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

Attachments
Resolution approving exception to the 180-day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224 Report prepared by:

Mary Morris-Mayorga, Administrative Services Director – Extra Help Retired Annuitant Report reviewed by:

Nikki Nagaya, Public Works Director/Acting City Manager Page I-4.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK APPROVING EXCEPTION TO THE 180-DAY WAITING PERIOD TO HIRE A

CALPERS RETIRED ANNUITANT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council of the City of Menlo Park must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Karen Solus retired from the city of Menlo Park in the position of communications dispatcher, effective April 8, 2022; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 6, 2022 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City of Menlo Park, and Karen Solus certify that Karen Solus has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council of the City of Menlo Park hereby appoints Karen Solus as an extra help retired annuitant to perform the duties of the communications dispatcher for the City of Menlo Park under Gov. Code section 21224 effective July 31, 2022; and WHEREAS, the entire employment agreement, contract or appointment document between Karen Solus and the City of Menlo Park has been reviewed by this body and is attached herein (Exhibit A); and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $9,796.40 and the hourly equivalent is $56.52, and the minimum base salary for this position is $7,408.75 and the hourly equivalent is $42.74; and
WHEREAS, the hourly rate paid to Karen Solus will be $56.52; and WHEREAS, Karen Solus has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and ATTACHMENT A Page I-4.3
NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Menlo Park hereby certifies the nature of the appointment of Karen Solus as described herein and detailed in the attached employment agreement/contract/appointment document, and that this appointment is necessary to fill the critically needed position of communication dispatcher for the City of Menlo Park by July 31, 2022 while two trainees complete and successfully pass the training program, such that they are able to cover a dispatch shift without other supervision.

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. Retired annuitant offer letter
Resolution No. XXXX

Page 2 of 5 ends

Human Resources
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org July 27, 2022
Karen Solus
Via DocuSign
RE: Temporary Employment Offer – Extra Help Retired Annuitant Dear Ms. Solus:

If accepted by you, this letter represents an agreement for temporary employment as an Extra Help Retired Annuitant under Government Code sections 7522.56 and 21224 beginning in fiscal year 2022-2023 to perform specific work for the Police Department as described below. The appointment is critical to support dispatch services for the City.

As an Extra Help Retired Annuitant you will be performing the duties of Communications Dispatcher with an hourly rate of $56.52.

Your start date is Monday, July 31, 2022. You will be scheduled to meet with a Human Resources representative to collect paperwork and review City policies and procedures.

Your work as a retired annuitant will be as follows:
• perform the duties of a Communications Dispatcher; and • cover time off requests, sick calls, and vacant shifts.

You will work no more than 960 hours per fiscal year performing the duties of a Communications Dispatcher. This assignment will continue on an as-needed basis beginning July 31, 2022.

You should also be aware that the City does not guarantee that you will work for any specific minimum number of hours during the course of your employment in the fiscal year and that the City may terminate your employment as a retired annuitant at any time, with or without notice and with or without cause.

As you may know, the Public Employees’ Retirement Law and Public Employees’ Pension Reform Act restrict the circumstances under which public agencies participating in the California Public Employees’ Retirement System (CalPERS) may use the services of retired annuitants. It is therefore important for you to understand the restrictions on a CalPERS employer’s use of a retired annuitant as well as the consequences of noncompliance with those restrictions.

In the absence of an emergency in which the employment is required to prevent stoppage of public business, the retired annuitant must have “specialized skills” that are needed for the employment. Government Code section 21224 in the PERL states:

Resolution No. XXXX

Page 3 of 5 ends

City of Menlo Park 701 Laurel Street Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the appointing power of a state agency or public agency employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration.

These appointments shall not exceed a combined total of 960 hours for all employers each fiscal year. The compensation for the appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate. A retired person appointed pursuant to this section shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired annuitant appointed pursuant to this section shall not work more than 960 hours each fiscal year regardless of whether he or she works for one or more employers.

The PEPRA contains similar language in Government Code section 7522.56. At the City, retired annuitants are hired as temporary “extra help” for assignments that cannot be handled by the agency’s existing employees.

Therefore, it is the responsibility of both the employer and the retired annuitant to ensure that the type of work performed falls within the criteria. If CalPERS receives information that a retired annuitant may be performing work that is outside the restrictions of Government Code sections 21224 and 7522.56 and confirms noncompliance with the restrictions, the retired annuitant may be required to do the following at CalPERS’ discretion:

1. Reimburse CalPERS for the retirement income received during the unlawful employment;

2. Pay the employee share of retirement contribution, with interest, that would have otherwise been paid during the period of unlawful employment; and

3. Pay CalPERS for administrative expenses incurred to investigate the situation if the retiree is determined to be at fault. 1
Please note that, in addition, the CalPERS employer may be required to pay the employer share of retirement contributions, with interest, that should otherwise have been paid, plus administrative expenses if the employer is determined to be at fault.

However, the consequences of doing work outside the statutory limitations are more severe for the retired annuitant than for the CalPERS employer.

The Human Resources Division has reviewed your job assignment and duties with me and has determined that your assignment meets the PERL’s and PEPRA’s requirements for employment of a retired annuitant. If you have any concerns about your duties/assignment or if any changes to your duties/assignment occur during your temporary employment, please contact your manager immediately to ensure that your duties continue to meet the criteria listed in sections 21224 and 7522.56. Although the City has concluded that the services you will provide as described above comply with 1 Gov. Code, § 21220(b).

Resolution No. XXXX

Page 4 of 5 ends

City of Menlo Park 701 Laurel Street Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org the restrictions on work performed by retired annuitants, the City cannot guarantee that CalPERS would make the same determination if it were to review the nature of your work for the City. Therefore, you should also satisfy yourself that your work will be in compliance with the law’s work restrictions for retired annuitants.

We appreciate your continued service to the City. Your skills and dedication to the City are greatly appreciated. If you should have any questions regarding the content of this letter, please contact me at 650-330-6670 or [email protected].

Sincerely,
Mary A. Morris-Mayorga
Extra Help Retired Annuitant - Administrative Services Director Acknowledgment:

I have read and understand the terms and conditions of this Temporary Employment Offer – Extra Help Retired Annuitant Agreement and hereby accept this offer of employment as set forth in this letter:
__
Karen Solus Date
cc: Justin I.C. Murphy, City Manager
David Norris, Chief of Police
Alxea Vilkins, Human Resources Technician I
Resolution No. XXXX

Page 5 of 5 ends

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

STAFF REPORT
City Council
Meeting Date: 7/26/2022
Staff Report Number: 22-143-CC
Consent Calendar: Authorize the city manager to enter into agreements with Aqua-Metric Sales Company and Sensus USA
Inc. for the automated water meter infrastructure
project
Recommendation
Authorize the city manager to enter into agreements for the automated meter infrastructure (AMI) project which will install the AMI components and implement the Sensus FlexNet AMI software system within the Menlo Park Municipal Water (MPMW) service area as follows:

1. An agreement (Attachment A) with Aqua-Metric Sales Company (Aqua-Metric) for $5,597,000 which includes a 20 percent contingency to be held by the City; and

2. A Software as a Service and Spectrum Lease agreement (Attachment B) with Sensus USA, Inc. (Sensus.) There is no cost associated with this agreement.

Policy Issues
MPMW is a city-owned water service provider for a portion of the City of Menlo Park, and the City Council is the governing body. The recommendation meets Policy LU-7.1 (Sustainability) of the 2016 General Plan to promote sustainable operational practices that conserve resources and minimize waste.

Water Code Section 10608.34 requires the State Water Resources Control Board (State Water Board) to develop and adopt water loss performance standards for urban retail water suppliers. It also requires that retail water suppliers conduct and submit an annual validated water loss audit report to the Department of Water Resources (DWR.) Reducing water loss is an important part of water conservation and drought and climate change resiliency strategies. Water suppliers, including MPMW, began submitting reports to DWR in 2017. In December 2021, the State Water Board released preliminary individual volumetric real loss standards for each water agency based on submitted 2017-2020 audit reports. Agencies have the opportunity to remove outlier data and refine water loss model data to be more representative of their system by July 1, 2023, which MPMW plans to do. The audit report compares the total amount of water supplied to the total amount of water consumed (based on customers’ monthly meter reads) to determine where water loss may occur. The report includes a grading matrix so water suppliers can view what is necessary to improve their system. Converting to AMI will improve meter reads, and annual audit reports will be more accurate. Staff anticipates the State Water Board will issue final individual volumetric real loss standards in 2023, which agencies must meet by 2028.

Background
MPMW supplies water to about half of the City’s residences and businesses through approximately 4,300 service connections (Attachment C.) MPMW’s sole water supply is purchased from the San Francisco Public Utilities Commission (SFPUC) for two distinct service areas - the upper zone in the Sharon Heights area, and the lower zone located north and east of El Camino Real. These service connections have AGENDA ITEM I-5 Page I-5.1
Staff Report #: 22-143-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org mechanical water meters that measure water volume that passes through.

More than 90 percent of MPMWs meters have dial readings that must be manually read and entered into a handheld device. Meter accuracy, particularly with mechanical meters, degrades over time. The dials become cloudy and more difficult to read, increasing reading errors. Older meters also frequently “slow down” and measure lower quantities of water that passes through. This results in inaccurate reporting and lost revenue to the City. The American Water Works Association recommends replacing mechanical meters every 10 to 20 years, depending on size, use, water quality and other factors. The majority of MPMW’s existing meters are more than 20 years old. MPMW replaces meters only when existing meters are found defective or as part of a water main replacement project.

In 2015, MPMW began installing Sensus touch-read meters. These meters are read by “touching” the meter with a reading wand. This method prevents meter misreads and saves time by not needing to open the meter lid, read the meter, and manually enter the read into a handheld device. To-date, less than 10 percent of MPMWs meters are touch-read.

MPMW has four meter read cycles and currently contracts with a third party to manually read meters each month. The meter reading contractor reads each route around the same timeframe each month (e.g., Cycle 1 is read around the first week of every month), provides the reads to MPMW’s billing contractor, and the billing contractor issues monthly bills. Due to the monthly billing, a residential or commercial customer may not be aware of their water use, or a potential water leak, until receipt of the next month’s bill. This prevents fixing leaks in a timely manner and increases water loss. Having reliable water meters is key to MPMW’s ability to quickly address water loss and improve customer service with real-time data.

In June 2021, staff issued a request for qualifications for the AMI project. The project scope included:
• Install a fixed based data system to collect readings and information from AMI meter endpoints • Transmit data to a hosted server
• Provide AMI-compatible meters
• Replace or retrofit existing water meters
• Install software to receive meter readings
• Prepare reports
• Interface with the City’s billing and asset management systems • Provide post-construction maintenance program for the AMI system Staff reviewed five submittals and short-listed three firms to continue with the selection process. In August 2021, staff requested a propagation study (which determined specific equipment necessary for the recommended AMI system) and cost estimate from each short-listed firm. Cost estimates ranged between $4.1 million and $4.6 million. After reviewing proposals and holding interviews in mid-September 2021, staff selected Aqua-Metric for the AMI project for several reasons:
• Their system would provide high accuracy meter reads with minimal maintenance and can interact with the City’s asset management system, Cartegraph.
• Their recommended meter option is compatible with the newer Sensus touch-read meters MPMW installed starting in 2015, which eliminates the need to replace all the meters. • Their references described them as very responsive and having a positive overall working relationship.

The FlexNet System was found to be reliable, delivering accurate reads and exceeding read rates. There were not any issues transitioning to the Sensus AMI network for meter reading and billing.

Page I-5.2
Staff Report #: 22-143-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
An AMI system will decrease the time for meter data collection, improve the efficiency of billing operations, proactively alert customers of potential leaks or high water usage, reduce water loss and enhance customer service. It uses radio frequency communication technology to read meters (referred to as “smart meters”) on an hourly basis without requiring a physical read from the meter or entry into the meter box, thus providing the ability to remotely monitor and manage the water utility infrastructure. It requires installation of a transceiver at the meter to transmit the data, a fixed base station antenna to collect radio meter reads, and a data management system to store and interpret data. Many Bay Area Water Supply and Conservation Agency (BAWSCA) members have already implemented or are in the process of implementing AMI systems including the cities of Redwood City, Palo Alto, Mountain View, Foster City, San Bruno, the Town of Hillsborough, California Water Service and Mid-Peninsula Water District.

Aqua-Metric’s Sensus FlexNet AMI system consists of several components described in Attachment D along with photos. The FlexNet system uses a licensed Federal Communications Commission (FCC) radio frequency (known as a spectrum lease), which is only available to the Sensus FlexNet system, making it more reliable and less prone to interference from other radio equipment. Deployed systems consistently deliver an average read success of greater than 98.5 percent. For the protection of customer meter read data, all meter data is encrypted at the meter and remains encrypted throughout the entire communications path until it is inserted into the utility billing database. Aqua-Metric has performed a propagation study on MPMW’s system which shows that two to three base station antennas will sufficiently cover the entire MPMW area. Staff have identified possible antenna locations utilizing existing poles at City Hall (existing 120-foot-high police antenna tower) and Nealon Park (existing 60-foot-high stadium light pole), and installing a new pole (up to 50 feet) at the reservoirs on Sand Hill Road.

The WaterSmart customer portal is cloud-based and user-friendly that will allow water users to view their water use (hourly meter reads) and historical water use trends, set alerts and notifications, determine if they have leaks and self-initiate corrective actions, and learn about available water conservation programs on their computer and mobile devices. It allows water users to understand their water use, make adjustments if desired, and see immediate effects. A link to a seven-minute WaterSmart introduction video is included in Attachment E.

Benefits of an AMI system
The AMI system will provide significant benefits including:
• Access to real-time hourly usage and historical trends • Leak notifications so leaks can be quickly identified and corrected, which minimizes water loss • Alarm notifications for reverse water flow, leaks and meter tampering • Eliminates manual meter reading (saving $115,000 in annual costs) • Improves efficiency of billing operations
• Enhances customer service
• Reduces water loss and helps meet regulatory water loss requirements (Senate Bill 555, 2015) which consists of annual audit reports, and meeting future loss standards and loss inventories Conversion to an AMI system
Transitioning to an AMI system involves the following steps:

1. Install WaterSmart customer portal and coordinate with billing software. Send welcome letters to all water account holders to introduce WaterSmart.

2. Install two to three base stations (antennas).

3. Install FlexNet software and Sensus Analytics.

4. Distribute door-hangers to customers two weeks in advance and 48 hours in advance of any on-site Page I-5.3
Staff Report #: 22-143-CC

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

5. Replace/retrofit meters and install meter endpoints, by meter read route. Replace meter box lids and broken meter boxes as needed.

6. Water account holders have access to AMI hourly data through the WaterSmart customer portal.

Process for meter replacements and meter retrofits
Meters will be either replaced or retrofitted. The Sensus touch-read meters installed after 2015 will be retrofitted as they are already compatible with the Sensus FlexNet AMI System and will only require installation of a meter endpoint. All other meters will be replaced. With a large number of older meters (and older meter boxes), staff anticipates there will be a need to replace some boxes that are the wrong size or in poor condition. In addition, a majority of the meter lids must be replaced with a composite material lid to allow better transmission of the meter reads. These costs (including costs for special situations, such as if a meter is located behind a locked gate or if a customer requires the meter replacement/retrofit occur outside business hours) are included in the total AMI project costs below.

MPMW has four meter read cycles (Attachment F.) Each cycle is manually read once per month, and those reads are provided to the billing contractor for monthly billing. Aqua-Metric recommends replacing and retrofitting meters by meter read cycle in a sequential order to obtain 100 percent completion and/or resolution for each cycle. This approach requires having all materials available within a meter read cycle, including meters, endpoints, lids, etc. to ensure no meters get missed and for maximum efficiency. Staff will work with Aqua-Metric and their installation subcontractor to develop a deployment strategy that takes into account billing cycles, material availability and impacts to customers.

Project costs
Aqua-Metric can complete the AMI project’s scope of work (included with Attachment A) at an estimated cost of $5,597,000 which includes a 20 percent contingency. Sensus costs are included in Aqua-Metric’s agreement, so there are no costs associated with the Sensus Software as a Service and Spectrum Lease Agreement.

WaterSmart costs are not included in Aqua-Metric’s agreement. Staff plans to enter into a separate agreement with WaterSmart to utilize the software through a BAWSCA three-year subscription program.

Estimated costs are $25,000 for fiscal year 2022-23, and $10,000 annually for years two and three. Staff anticipates transitioning to the WaterSmart customer portal within the next four-six months, before replacing and retrofitting meters. This early integration is anticipated to help customers prepare for the transition to AMI and also to assist with drought preparedness and water conservation. Table 1 provides a breakdown of the costs, and a detailed cost estimate is included in Aqua-Metric’s agreements as shown in Attachment A.

Page I-5.4
Staff Report #: 22-143-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Table 1: AMI estimated project costs
Item Costs, $
AMI system hardware – base stations 85,000
AMI Sensus system software – integrate with
Sensus Analytics and WaterSmart customer portal,
includes $30,000 for Sensus annual subscription and
licensed FCC radio frequency (i.e., spectrum lease)
68,000
Materials – meters, meter endpoints, meter boxes
and lids 2,227,000
Installation – meter replacements and retrofits 1,094,000 Miscellaneous (as needed) – meter box/lid
replacements, plumbing retrofits, other items 1,190,000 Subtotal $4,664,000
Contingency, 20 percent 933,000
Total: Aqua-Metric * $5,597,000
Staff resources through December 2023 157,000
Total $5,754,000
*The FlexNet AMI system has minimal maintenance problems, so staff eliminated the post-construction maintenance program.

Project schedule
If there are no delays in procuring equipment (due to supply chain issues), staff estimates the AMI project can be completed by the end of 2023 as shown in Table 2.

Table 2: Estimated schedule
Date Description
August – November 2022 Install base stations, FlexNet software, Sensus Analytics and WaterSmart customer portal
December 2022 – December 2023 Install/retrofit meters
December 2023 Complete project
Impact on City Resources
The 2018 Water System Master Plan identified the AMI project as a high priority, with an estimated cost between $3.5 million to $4.5 million. Currently, there is $3.6 million set aside for the project to cover expenses for the current fiscal year and fiscal year 2023-24.

The Bureau of Reclamation’s (BOR) WaterSMART grants program provides funding for projects that result in quantifiable and sustained savings that support broader reliability benefits. On September 8, 2020, the City Council adopted Resolution No. 6583 authorizing submittal of a grant application for the AMI project and authorized the public works director to execute the financial assistance agreement if awarded a grant.

Staff submitted the grant application in September 2020, and the BOR notified staff in March 2021 that the AMI project was selected for a $500,000 grant. In February 2022, BOR executed the financial assistance agreement. The $500,000 grant will reduce costs for AMI to be funded by the water fund.

Page I-5.5
Staff Report #: 22-143-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org The City Council approved the five-year capital improvement program June 28, 2022, which proposes an additional $734,823 for the AMI project in fiscal year 2023-24. With the updated AMI project total cost at $5,754,000 which includes staff resources, the fiscal year 2023-24 amount will need to increase to $1,621,823 as shown in Table 3. Over the coming year, staff will monitor water fund revenues and evaluate planned projects in fiscal year 2023-24 to incorporate sufficient funding in the proposed 2023-24 capital program. This is anticipated to require some other water system improvements to be delayed until 2024-25.

Table 3: AMI project – proposed capital improvement funding Fiscal year Costs, $
Currently available $3,632,177
Fiscal year 2023-24 1,621,823
Subtotal $5,254,000
Grant funding 500,000
Total funding needed $5,754,000

Once the AMI system is fully installed, MPMW will no longer require a third party contractor to manually read meters, which will save approximately $115,000 in annual costs.

Appendix D of the 2018 Water System Master Plan contains a technical memorandum that discusses operations and staffing that may be needed for an AMI system. With hourly reads and more robust usage information available, visiting sites, notifying water users of high-usage events, and handling an increase in customer calls can put a strain on staff resources. Some utilities have found that one full-time staff dedicated solely to customer service was necessary once they switched to AMI. The fiscal year 2022-23 adopted budget includes one (1.0) full time equivalent (FTE) sustainability specialist position to the public works department. The position will provide support for outreach efforts for increased customer service calls, drought education, water conservation programming, and public engagement about the worsening conditions.

Environmental Review
This project is not subject to CEQA pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on 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. Aqua-Metric agreement, includes scope of work and detailed cost estimate B. Sensus Software as a service and spectrum lease agreement C. MPMW service area map
D. AMI system – components, schematic and photos
E. Hyperlink – WaterSmart customer portal – seven-minute introduction:

Page I-5.6
Staff Report #: 22-143-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org https://watersmartsoftware.wistia.com/medias/l3kkc4nidl F. Map of meter read cycles
Report prepared by:

Pam Lowe, Senior Civil Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director - Engineering Page I-5.7
1 CC Rev 20210301

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND THIRKETTLE CORPORATION DBA AQUA-METRIC SALES

COMPANY
THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and THIRKETTLE CORPORATION DBA AQUA-METRIC SALES COMPANY, hereinafter referred to as “FIRST PARTY.”
WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Automated Meter Infrastructure (AMI) Project WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

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

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

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

ATTACHMENT A Page I-5.8
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $4,664,000 as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

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

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

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

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

Page I-5.9
3 CC Rev 20210301

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

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

Tommy Thirkettle
Thirkettle Corporation dba Aqua-Metric Sales Company
4050 Flat Rock Drive
Riverside, CA 92505
(951) 637-1400
[email protected] cc: [email protected] Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

Page I-5.10
4 CC Rev 20210301

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

2. Liability insurance:

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

3. Professional liability insurance:

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

Page I-5.11
5 CC Rev 20210301

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

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. Notwithstanding the foregoing, City shall be responsible for those fees related to the licensed use of the software or services rendered and deemed necessary to operate and maintain the network infrastructure and head end system for City’s continued use.

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

Page I-5.12
6 CC Rev 20210301
F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

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

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of August 1, 2022 through December 31, 2024 unless extended, amended, or terminated in writing by CITY.

Page I-5.13
7 CC Rev 20210301

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

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

FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page I-5.14
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Public Works. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services as described in Exhibit "A-1," Scope of Work and Exhibit “A-2,” Detailed Cost Estimate.

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

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

A2.COMPENSATION
CITY shall pay FIRST PARTY an all-inclusive fee of $4,664,000 as described in Exhibit "A," Scope of Services. All payments, shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

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

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

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

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

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A5.BILLINGS
FIRST PARTY’s bills shall include the following information: An itemized description of products furnished or services performed, project title or the agreement number; the date the services were performed; the current invoice amount as described in Exhibit A-3, Sample Invoice; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

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EXHIBIT “A-1” – SCOPE OF WORK
EXHIBIT “A-2” – DETAILED COST ESTIMATE
EXHIBIT “A-3” – SAMPLE STANDARD INVOICE
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EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

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

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

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

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

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

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

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1060 National Drive #5, Sacramento, CA 95834
Phone: (916) 933-9554 Fax: (951) 637-1500
Proprietary and Confidential
Scope of Work
a. Include a summary of the firm’s capabilities in accordance with the required implementation program services.

Aqua-Metric is fully capable to provide implementation services to the City of Menlo Park for the proposed Sensus FlexNet AMI Solution. Our in-house technology team will provide all core project implementation, as well as all ongoing support to the City. The following provides a brief overview of our standard implementation practices.

Aqua-Metric Project Implementation and Management
Aqua-Metric provides ongoing collaborative partnership and support to its clients throughout the lifecycle of their project. The Project Management team is responsible for managing installation, commissioning, and the Utility’s acceptance of the system. Upon acceptance, the project team transitions support to Sensus and AquaMetric Technical Services. Aqua-Metric has developed a technology team dedicated to providing project management and technical support after the implementation of the project.

The Aqua-Metric in-house technology department prides itself on being very knowledgeable in all aspects of AMI system setup, implementation, configuration, and support. We are not only familiar with the Sensus FlexNet System itself, but also its integration into third-party software. The Aqua-Metric team will work alongside Sensus personnel to perform a complete system setup and software implementation. Aqua-Metric has carried out and maintained over one-hundred AMI systems; additionally, Sensus has participated in over 1,200 network deployments.

Aqua-Metric is committed to supporting the Utility in the implementation, maintenance, and operation of their AMI System. This includes providing all support to Aqua-Metric’s direct involvement with the project.

Aqua-Metric Project Management Services
Aqua-Metric will provide project management services in accordance with the legal agreement between the parties, which may include coordination and support to the customer utility as outlined below:
• Pre-deployment planning and customer review meetings
• Project schedule development
• Project coordination, facilitating equipment, order placement, and fulfillment • Testing of the data transfer to the customer billing system • Training sessions for installers and AMI system operators • Facilitate customer acceptance testing of the AMI system (phased acceptance) in accordance with the mutually developed plan
Aqua-Metric Project Management Phased Activity
Aqua-Metric will work closely with the Utility to establish the installation project plan, project deliverables, accountabilities, communications planning, and project acceptance. We utilize our standard operational philosophy and approach through to Project Acceptance and Closure, combining the benefits of best practices and local management. Aqua-Metric’s Technology Team will utilize the following milestones when implementing the Utility’s AMI System.

Aqua-Metric Responsibility Overview
Administer the Project
• Participate in pre-deployment planning
• Develop and maintain project schedule
• Conduct customer review meetings
• Coordinate subcontractors
Manage Commissioning of the System
• Coordinate Sensus Base Station commissioning
• Coordinate Sensus RNI commissioning
Coordinate Sensus Analytics commissioning
Facilitate System Setup and Deployment
• Support configuration of RNI and Sensus Analytics user accounts and access
Manage AMI Network Deployment
• Coordinate tower site preparation

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Menlo Park City CouncilJuly 26, 2022

Menlo Park City Council
July 26, 2022