WHEREAS, the City Council finds the improvement at Willow Road and Coleman Avenue would serve few vehicles and provide limited benefits in terms of delay reduction, increase pedestrian crossing time and exposure on an important safe route to school route and require relocation of a bus stop that may reduce the quality of transit service; and WHEREAS, the City Council finds the improvement at Willow Road and Gilbert Avenue would increase pedestrian crossing time and exposure on an important safe route to school route and require removal of a heritage tree.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park does hereby resolve as follows:
Section 1. Recitals. The City Council hereby finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.
Section 2. Removal of Certain Near-Term Transportation Improvements.
Pursuant to subsection (i) of subsection (f) of section (2) of the Public Improvement Agreement and Condition of Approval 2.xx of Resolution No. 6661 the City Council hereby determines not to require the construction of the Near Term Transportation Improvements required by Condition of Approval 2.ww.iv (Willow Road and Coleman Ave.) and Condition of Approval 2.ww.v (Willow Road and Gilbert Ave.). All other terms, provisions and requirements of Resolution No. 6661 and the Public Improvement Agreement remain unchanged and unaltered.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Resolution be declared invalid or unenforceable.
Section 4. California Environmental Quality Act. On September 14, 2021, the City Council adopted Resolution No. 6660 certifying the Menlo Uptown Final Environmental Impact Report (“EIR”), State Clearinghouse No. 2019110498, in compliance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). The City Council certified an EIR and adopted an MMRP for the Menlo Uptown Project. This action, determining not to require the construction of the transportation improvement identified in Condition of Approval 2.ww.iv and Condition of Approval 2.ww.v, is consistent with the Menlo Uptown project approvals which specified that the City Council may elect to remove these LOS related transportation improvements (see Condition of Approval 2.xx.) This action does not result in any new significant environmental effects or a substantial increase in the severity of any previously identified significant effects analyzed in the EIR and as such, this action is not subject to further CEQA review or action.
Section 5. Effective Date. This Resolution shall take effect upon its adoption. //
Page G-3.8
Resolution No. XXXX
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the ninth day of August, 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 August, 2022.
Judi A. Herren, City Clerk
Page G-3.9
MENLO UPTOWN - TRANSPORTATION DIVISION CONDITION TT IV
Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road andColeman Avenue is to install a right-turn lane on eastbound Willow Road and restripe the shared through/rightlane to through lane resulting in having one left-turn lane, one through lane, and one right-turn lane in thisdirection. Both above and below ground utilities may require modification due to the widening. This improvementis not included in the City’s TIF program. Simultaneous with the submittal of a complete building permitapplication, the applicant shall submit complete plans for this improvement. Complete plans shall include allnecessary requirements to construct the improvements, including but not limited to, grading and drainageimprovements, utility relocations, tree protection requirements, striping modifications, and a detailed costestimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Worksor designee, the applicant shall construct the improvements prior to occupancy. Any project(s) approved within 10years of the approval date of the Menlo Uptown project and required to implement the same intersectionimprovement shall reimburse the Menlo Uptown applicant for its proportional fair share of the improvement costs.
NEAR TERM SCENARIO NON-TIF
14 KEYNOTES
1 WINDEN ROADWAY APPROXIMATELY 9'±
RELOCATE EXISTING TRAFFIC CABINETSAND PULL BOXES 2
3 RELOCATE EXISTING BUS STOP SIGN
RELOCATE EXISTING BUS STOP SHELTER.TO BE COORDINATED WITH SAMTRANS &AC TRANSIT. 4 STREET LEVEL INTERSECTION VIEW
NOT CALTRANS JURISDICTION
2 2
3 4
5 8
EXISTING DRAINAGE PATH FLOWS TO CATCH BASIN APPROXIMATELY 300'± NORTH OF COLEMAN & WILLOW INTERSECTION 6 7
10 9
11 RELOCATE EXISTING UTILTY BOX BEHINDNEW CURB LINE 5
6 POTENTIAL NEW SIDEWALK FOR BUS STOP7 POTENTIAL NEW BUS STOP LOCATION 8 PROTECT EXISTING UTILITY IN PLACE
9 PROTECT EXISTING TRASH CAN
10 POTENTIAL RE-GRADING AREA
NEW LANE TO DRAIN TOWARDS EXISTINGFLOW LINE 11
12 13
REMOVE EXISTING CURB AND LANDSCAPEAND CONSTRUCT NEW CURB 12 13 NEW STRIPING
RIGHT-OF-WAY NOTES:RIGHT-OF-WAY LINES SHOWN ARE BASED ONEXISTING RECORD MAPS AND PLAN LINEINFORMATION AVAILABLE. THE ROW LINES SHOWNIN THIS EXHIBIT IS NOT A RESOLVED BOUNDARY (MENLO PARK ROW)
(MENLO PARK ROW)
RECORD INFO ROW
PLAN LINE ROW
14 RELOCATE EXISTING TRAFFIC SIGNALS
1 GENERAL NOTES1. WILLOW ROAD HAS BEEN REPAVED ANDRESTRIPED WITHIN THE LAST 6 MONTHS
ATTACHMENT C
Page G-3.10
ENLARGED STREET LEVEL INTERSECTION VIEW IMPACTS
EXISTINGTRAFFICSIGNALS TO BERELOCATED
SIGNALCABINETSTO BERELOCATED
UTILITYBOXES TO BERELOCATED
UTILITYBOXES TO BERELOCATED
EXISTINGSIGN TO BERELOCATED
EXISTING BUS STOP TO BE RELOCATED.RELOCATION TO BE COORDINATEDWITH SAMTRANS & AC TRANSIT Page G-3.11
MENLO UPTOWN - TRANSPORTATION DIVISION CONDITION TT V
Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road andGilbert Avenue is to install a right-turn lane on eastbound Willow Road and restripe the shared through/right laneto through lane resulting in having one left-turn lane, one through lane, and one right-turn lane in this direction.Both above and below ground utilities may require modification due to the widening. This improvement is notincluded in the City’s TIF program. Simultaneous with the submittal of a complete building permit application, theapplicant shall submit complete plans for this improvement. Complete plans shall include all necessaryrequirements to construct the improvements, including but not limited to, grading and drainage improvements,utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plansare subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, theapplicant shall construct the improvements prior to occupancy. Any project(s) approved within 10 years of theapproval date of the Menlo Uptown project and required to implement the same intersection improvement shallreimburse the Menlo Uptown applicant for its proportional fair share of the improvement costs.
NEAR TERM SCENARIO
9 KEYNOTES
1 WIDEN ROAD APPROXIMATELY 7'±
STREET LEVEL INTERSECTION VIEW NON-TIF NOT CALTRANS JURISDICTION 2 2 PROTECT/REPLACE EXISTING FENCE
3 3 PROTECT EXISTING JOINT POLE AND GUY WIRE
4 4 RELOCATE EXISTING TRAFFIC SIGNAL AND PULL BOX
5 5
5 RELOCATE EXISTING UTILITY BOX
5 AERIAL SURVEY NOTENOT ALL UTILITY BOXES SHOWN ON AERIAL DUE TO TREE CANOPY 6 NEW RAMPS AT EXISTING RESIDENTIAL DRIVEWAY LOCATIONS
6 6
7 7 NEW STRIPING
EXISTING DRAINAGE FLOWS TO CATCH BASIN AT GILBERT / MARMONA INTERSECTION 8 8 RELOCATE EXISTING SIGN
RIGHT-OF-WAY NOTES:RIGHT-OF-WAY LINES SHOWN ARE BASED ONEXISTING RECORD MAPS AND PLAN LINEINFORMATION AVAILABLE. THE ROW LINES SHOWNIN THIS EXHIBIT IS NOT A RESOLVED BOUNDARY (MENLO PARK ROW)
(MENLO PARK ROW) RECORD INFO ROW
PLAN LINE ROW
5.5' SIDEWALK
1 9 REMOVE EXISTING TREE
SIGNIFICANT IMPACTS1. IMPACT TO CORNER PROPERTY, IMPROVEMENTS WILL DAMAGEPROPERTY FENCE (INSTALLED IN LAST 6 MONTHS)2.IMPROVEMENTS NEGATIVELY IMPACT DRIVEWAY VISIONTRIANGLE - SAFETY CONCERN3. WILLOW ROAD HAS BEEN REPAVED AND RESTRIPED WITHINTHE LAST 6 MONTHS
IMPACT TO DRIVEWAYVISION TRIANGLE
IMPACT TO DRIVEWAYVISION TRIANGLE
Page G-3.12
ENLARGED STREET LEVEL INTERSECTION VIEW IMPACTS
EXISTING TRAFFIC SIGNALTO BE RELOCATED
EXISTING TREE TOBE REMOVED
EXISTING FENCE TO BEREMOVED/REPLACED
EXISTING SIGN TO BERELOCATED
IMPACTS TODRIVEWAY VISIONTRIANGLE
Page G-3.13
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: 8/9/2022
Staff Report Number: 22-152-CC
Informational Item: City Council agenda topics: August – September 13, 2022
Recommendation
The purpose of this informational item is to provide the City Council and members of the public access to the anticipated agenda items that will be presented to the City Council. The mayor and city manager set the City Council agenda so there is no action required of the City Council as a result of this informational item.
Policy Issues
In accordance with the City Council procedures manual, the mayor and city manager set the agenda for City Council meetings.
Analysis
In an effort to provide greater access to the City Council’s future agenda items, staff has compiled a listing of anticipated agenda items, Attachment A, through September 13, 2022. The topics are arranged by department to help identify the work group most impacted by the agenda item.
Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m.
Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. City Council agenda topics: August – September 13, 2022 Report prepared by:
Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM H-1 Page H-1.1
Through September 13, 2022
Tentative City Council Agenda
# Title Department Item type City Council action
1 Master Fee Schedule ASD Public Hearing Approve
2 Ordinance first reading: Amend MPMC filling vacancy on City Council CAO Regular Decide3 Approve funding for 335 Pierce Road (predevelopment CLT, loan authorization docs) CDD Regular Approve 4 Housing Element Update water supply assessment CDD Regular Adopt resolution5 Adopt Resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public CMO Consent Adopt resolution 6 Approve a resolution updating the City’s conflict of interest code CMO Consent Adopt resolution7 Update advisory body policy with Complete Street Commission start time as 6:30 p.m. CMO Consent Adopt resolution8 Proclamation: Menlo Park Sister Cities Young Artists and Authors Showcase winner CMO Proclamation No action9 Direction on leaf blower ban CMO Study Session Direction to staff 10 Direction on BlocPower: prevailing wage CMO, CAO City Council Initiated Item Direction to staff 11 Special events and film ordinances-second read/adopt CMO, CAO Consent Adopt ordinance 12 Direction on updating municipal code for City Council vacancies CMO, CAO Regular Direction to staff 13 Willow Village community amenities check in CMO, CDD Regular Direction to staff14 City hosted community events and observances LCS Consent Direction to staff15 Commemorative park amenities policy LCS Informational Receive and file 16 Menlo Park Community Campus (MPCC) - furniture and non-fixed equipment procurement LCS Regular Approve17 MPCC project updates: Community survey, budget LCS Regular Direction to staff18 Aquatics operator - Analysis/RFP study session LCS, CAO Study Session Direction to staff 19 Authorize the city manager to execute an agreement with the West Bay Sanitary District regarding the provision of recycled water service within Menlo Park Municipal Water Bayfront Area, and other customers within the Recycled Water Purveyor Boundary PW Consent Contract award or amend
20 Adopt a resolution declaring the vacation and abandonment of public service easements at 141 Jefferson Drive, 180 Constitution Drive, and 186 Constitution Drive PW Public Hearing Adopt resolution21 Approve preferred design for Middle Avenue Complete Streets project PW Regular Approve22 Policy on installing stop signs and stop sign installations at three locations PW Regular Approve ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
PW-Public Works
ATTACHMENT A
Page H-1.2
AGENDA ITEM J-1
Page J-1.1
Page J-1.2
Page J-1.3
Menlo Park
Page J-1.4
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK ADDING A NEW CHAPTER 8.70 “FILM PERMIT” TO THE CITY WITHIN TITLE 8 OF THE MENLO PARK MUNICIPAL CODE
WHEREAS, in enacting the Motion Picture, Television, and Commercial Industries Act of 1984, the Legislature intended to encourage local government to develop uniform procedures for issuing permits and to charge fees for the use of public property or employee services, which do not exceed the reasonable costs of providing the property or services for which the fees are charged (Government Code § 14998.10); and
WHEREAS, the City of Menlo Park wishes to create a process for the orderly issuance and enforcement of permits for filming activity taking place within the City; and WHEREAS, the City also wishes to create a mechanism for cost recovery and use charges to the extent authorized by law, while not unduly burdening filming activities in the City; and WHEREAS, the California Film Commission has published a Model Filming Ordinance providing general guidance to local government entities adopting a film permitting ordinance, which has been considered by the City in the creation of these regulations; and WHEREAS, consistent with Government Code section 14999.21, the City Clerk transmitted a draft of this proposed ordinance and regulations to the California Film Commission on July 5, 2022, and consistent with the requirements of California Government Code section 14999.21(b). The California Film Commission has reviewed the proposed Ordinance and the City Council has considered any findings provided by the Commission in adoption of these regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:
SECTION 1. Findings.
The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.
SECTION 2. Adoption of Chapter 8.70 – Film Permits, of Title 8 – Peace, Safety, and Morals, of the Menlo Park Municipal Code.
A new Chapter 8.70 – Film Permits, of Title 8, Peace, Safety, and Morals, is hereby added to the Menlo Park Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 3. Severability.
If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court or competent jurisdiction, such invalidity shall not affect other provisions or clauses or application, and to this end, the provisions and clauses of this ordinance are declared to be severable.
SECTION 4. California Environmental Quality Act.
The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Article may have significant effects on the environment.
SECTION 5. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, after its final passage, in a newspaper of general circulation, published, and circulated in the City of Menlo Park, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those City Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of Menlo Park, County of San Mateo, State of California.
INTRODUCED on the ninth day of August, 2022.
PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __, 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Betsy Nash, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Exhibits:
A. Chapter 8.70 – Film Permits, of Title 8 – Peace, Safety, and Morals, of the Menlo Park Municipal Code
Exhibit A
Chapter 8.70 – Film Permit
Sections:
8.70.010 – Definitions.
8.70.020 – General provisions.
8.70.030 – Film permit application.
8.70.040 – Review process.
8.70.050 – Denial/revocation of film permit.
8.70.060 – Permit fees.
8.70.070 – Reimbursement and compensation for City services and use of City facilities.
8.70.080 – Appeals.
8.70.090 – Indemnification and insurance requirements.
8.70.100 – Display of film permit.
8.70.110 – Administrative regulations.
8.70.120 – Penalties.
Section 8.70.010 – Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this Chapter:
1. “Applicant” means any person who seeks a permit under this Chapter for Filming Activity in the City.
2. “City property” means all real property and improvements owner, operated or controlled by the City within the City’s jurisdiction. City property includes, but is not limited to City Hall, police and fire facilities, recreational facilities, parks, libraries, streets and sidewalks, and public right-of-way.
3. “Film” shall include motion pictures, television shows or programs, commercials, digital media in any medium including film, tape, or digital format.
4. “Filming Activity” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows, or programs, commercials, digital media, still photography in any medium including film, tape, or digital format.
5. “News Media” shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcasts (“breaking news”) or reporting for print media by reporters, photographers or camerapersons.
6. “Permit” means a film permit issued by the City of Menlo Park Public Works Department consistent with the provisions of this Chapter.
7. “Small Operations” shall mean filming activity that: (i) involves fewer than 25 persons, (ii) does not require the closure of any portion of streets, sidewalks, public passageways, or any public property, and does not create any obstruction to free the passage of pedestrians and vehicles, and complies with all vehicle and pedestrian traffic laws, (iii) does not involve the use aerial vehicles (manned or unmanned) or any vehicles, as defined in the Vehicle Code, during filming; (iv) does not involve any pyrotechnics, simulated or actual gunfire, or animals, except for domestic animals and/or service animals that are kept in compliance with applicable leash laws, and (v) does not require use of any city services. For purposes of this Chapter, persons engaged in Filming Activity that are unaffiliated with event organizers may make use of this exception.
8. “Studio” shall mean a fixed place of business certified as such by a local fire authority having jurisdiction where filming activities (motion or still photography) are regularly conducted upon the premises.
Section 8.70.020 – General provisions.
1. Permit Required. Except as provided by the terms of a permit, lease, or contract which has been specifically authorized by the City Council, no person shall use any City property for Filming Activity without first applying for any receiving a Permit from the public works director or designee.
2. The provisions of this Chapter shall not apply to the following:
A. News Media, including reporters, photographers or camerapersons employed by a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting, of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest; or
B. Small Operations; or
C. Filming activities (motion or still photography) conducted at a Studio; or D. Photographers conducting still photography; or
E. City produced government access films. ; or
E.F. Expressive Activity as defined by Section 8.60.020(4), involving less than 150 people. Expressive Activity involving more than 150 people shall be subject to the provisions of Chapter 8.60. Nothing in this Chapter shall require persons or entities to obtain a permit for Expressive Activities, where such activity is addressed by Chapter 8.60 of this Title.
Section 8.70.030 – Film permit application.
1. To receive a Film Permit, an applicant must complete and file an application with the public works director or designee on a form approved by the city manager or designee. The Applicant must provide the following information:
A. The name of the person, firm, or corporation employing the persons who will be performing in the Film; and
B. The name of the person(s) who will be responsible for the filming crew on location in the City; and
C. The specific location(s) where Filming Activity will take place, including a logistics plan or map showing the property to be used for the Filming Activity, including bus zones, no-parking areas, any structures to be installed as part of the Filming Activity; and D. The specific hours and dates that the Filming Activity will take place; and
E. A description of the character or nature of the proposed Filming Activities; and F. The exact number of personnel/persons to be involved in the Filming Activity; and
G. A description of any activity which may cause public alarm, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (“UAS”); and
H. If unmanned aircraft systems will be used, all applicable documentation (i.e., remote pilot certificate, UAS registration certificate, waivers, detailed flight plan, etc.); and I. The exact type and number of vehicles and equipment to be employed, along with a parking plan sufficient for the vehicles and equipment; and J. The extent to which permission is desire for the obstruction of or interference with normal use of public property to be used; and
K. Proof of insurance in an amount of at least $2,000,000 that will remain in effect through the duration of the Filming Activity in the City; and L. UAS pilots planning to fly under four hundred (400) feet in controlled airspace around airports must receive an airspace authorization from the Federal Aviation Administration (FAA) before they fly.
2. The public works director or designee shall review and issue or deny the application within 28 days of receipt of a completed application.
Section 8.70.040 – Review process.
1. Subject to the criteria for denial set forth in Section 8.60.060, the public works director or designee shall issue a Film Permit if it is determined that all of the following criteria have been met:
A. The preparation for or the conduct of the proposed Filming Activity will not unreasonably burden City resources necessary, significantly interfere with the provision of governmental services to the public, interfere with the City’s provision of public services to the public, or prohibit access to City property to the public for an extended duration while the property used for the filming activity; and
B. The preparation for or the conduct of the proposed Filming Activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permit area; and C. The proposed Filming Activity does not otherwise present a substantial safety, noise, environmental, or traffic hazard, which cannot be mitigated with the imposition of reasonable traffic control or safety measures.
2. In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, or the identity or associational relationships of the Applicant.
Section 8.70.050 – Denial/revocation of film permit.
The public works director or designee may deny any application for a Film Permit or revoke such a permit if the public works director or designee finds any of the following:
1. The Applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process; or
2. The application does not contain the information required by this Chapter; or
3. The application does not satisfy the requirements of this Chapter; or
4. The Applicant fails to comply with any conditions of approval including, but not limited to:
A. Remittance of fees, charges or deposits; or
B. Submittal of an indemnification agreement and/or proof of insurance for the Film Permit as required by the City; or
C. Timely receipt of all required approvals.
5. The Applicant has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior film permit issued by the City.
6. The filming would occur at a location and time in conflict with another event or other activity already permitted or that can be permitted to another applicant that submitted an application first in time.
7. The filming activity would be in conflict with applicable provisions of any federal, state and/or local laws.
Section 8.70.060 – Permit fees.
Film Permit application fees for Filming Activity pursuant to this Chapter shall be established by separate resolution of the City Council.
Section 8.70.070 – Reimbursement and compensation for City services and use of City facilities.
1. The Applicant shall reimburse the City for any personnel provided to the Applicant (i.e. police, traffic safety) for the purpose of supporting Film Activities.
2. The City shall be compensated for the use of any City property or facilities to the extent that such use constitutes a cost to the public.
3. Fees for services, municipal expenses, and rental of facilities may be established by resolution of the City Council.
Chapter 8.70.080 – Appeals.
An Applicant may appeal the denial or revocation of a permit by providing the city manager or designee written notice of appeal within five (5) days of the denial or revocation. The city manager or designee shall hold a hearing within ten (10) days of the filing of a notice of appeal, at which time the applicant may present any and all evidence, testimony, and information relevant to the city manager’s decision. The city manager or designee, within five (5) days following the appeal hearing, shall issue a decision. The decision of the city manager or designee shall be mailed or delivered to the applicant and shall be final and binding.
Section 8.70.090 – Indemnification and insurance requirements.
1. Indemnification. Each permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless and the City against losses and liabilities incurred from the willful or negligent acts or omissions of the permittee or its officers, employees, and agents.
2. Except as otherwise prohibited by law, the permittee shall procure and maintain in full force and effect during the term of a policy of insurance from a reliable insurance company authorized to do business in the State. The policy shall be in an amount of at least $2,000,000 per occurrence and shall be endorsed naming the City, its boards, officers, agents, employees, and volunteers an additional insureds for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Higher liability limits or separate aerial coverage shall be required for the use of helicopters, aerial equipment, or UAS.
3. Workers Compensation Insurance. Permittees shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a film permit.
Chapter 8.70.100 – Display of film permit.
A copy of the Film Permit shall be displayed at the filming site and shall be exhibited upon demand of any City official.
Chapter 8.70.110 – Administrative regulations.
The city manager or designee, may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this Chapter. All such administrative regulations must be in writing.
Chapter 8.70.120 – Penalties.
Any person who intentionally violates any of the provisions of this Chapter shall be guilty of a misdemeanor. Violations of this chapter may enforced pursuant to any laws and remedies available to the City including but not limited to enforcement as a misdemeanor and/or public nuisance pursuant to Chapters 1.12 and 8.04 of this Code.
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK ADDING SECTION 16.08.105 TO CHAPTER 16.08 (DISTRICTS ESTABLISHED – GENERAL REGULATIONS), ADDING SECTION 16.48.060 TO CHAPTER
16.48 (OSC OPEN SPACE AND CONSERVATION DISTRICT), ADDING SECTION 16.49.050 TO CHAPTER 16.49 (PUBLIC FACILITIES DISTRICT) OF
THE MENLO PARK MUNICIPAL CODE, AMENDING THE MENLO PARK
ZONING MAP TO REZONE SEMINARY OAKS PARK FROM _SINGLE FAMILY SUBURBAN RESIDENTIAL (R-1-S) DISTRICT TO OPEN SPACE AND
CONSERVATION (OSC) DISTRICT, AMENDING THE MENLO PARK ZONING MAP TO REZONE SHARON HILLS PARK FROM _RESIDENTIAL ESTATE SUBURBAN – CONDITIONAL DEVELOPMENT (R-E-S(X) DISTRICT TO OPEN
SPACE AND CONSERVATION (OSC) DISTRICT), AND REDESIGNATING
SEMINARY OAKS PARK FROM LOW DENSITY RESIDENTIAL LAND USE
DESIGNATION TO PARKS AND RECREATION LAND USE DESIGNATION
AND REDESIGNATING SHARON HILL PARKS FROM VERY LOW DENSITY
RESIDENTIAL LAND USE DESIGNATION TO PARKS AND RECREATION
LAND USE DESIGNATION IN THE MENLO PARK GENERAL PLAN
WHEREAS, the City of Menlo Park (“City”) is an urban city with limited open space; and WHEREAS parks promote physical and mental well-being and provide areas for public gatherings and recreation; and
WHEREAS the City’s parks are designated part of the open space and conservation district; and
WHEREAS California state law allows cities to abandon the use of its property as a park and sell or dispose of the property if certain conditions are met, but City finds protecting open space more important than retaining these rights; and
WHEREAS Government Code Section 38400-38418 allows cities to abandon the use of its property as a park dedicated as a park by a plat or map of a town site that has become part of the city if the city council adopts a resolution of intention and holds a meeting to consider the abandonment, so long as the original dedicator or the majority of the lots abutting on the park do not protest and any other protests are overruled at the meeting; and WHEREAS Government Code Section 38440-38462 allows cities to discontinue and abandon the use of other property city owns in fee and is using as a park if the city council adopts a resolution of its intention to call a special election to discontinue the use of the land as a park, holds a hearing, and, if protests are made and not overruled at the hearing, obtains the majority vote of the electors in the special election and adopts an ordinance following the special election; and
WHEREAS Government Code Section 38501-38510 allows cities to discontinue and abandon the use of other property city owns in fee because city is not using the property as a park and no public funds have been expended to improve it as a park if city council adopts a resolution of intention, holds a hearing, and overrules all objections; and Ordinance No. XXXX
WHEREAS Government Code Section 37111 allows City to adopt an ordinance by a four-fifths vote to allow a park to be used for construction of public buildings or creation of a civic center; and
WHEREAS the purpose of this ordinance is to protect parks and open space and maintain their designation as open space and to preclude, without an amendment to this ordinance, the City from allowing parks to be used for other purposes or converted to other uses; and WHEREAS, Seminary Oaks Park is currently zoned Single Family Suburban Residential and Sharon Hills Park is currently zoned Residential Estate Suburban Residential - Conditional Development, which are residential zoning districts intended for single-family residential uses and associated uses such as accessory dwelling units, and a limited number of non-residential uses, but excluding parks and open space, making the park and open space use inconsistent with their underlying zoning districts; and
WHEREAS, General Plan Policy LU-6.5 provides Policy LU-6.5 “Open Space Retention.
Maximize the retention of open space on larger tracts (e.g., portions of the St. Patrick’s Seminary site) through means such as rezoning consistent with existing uses, clustered development, acquisition of a permanent open space easement, and/or transfer of development rights.”; and
WHEREAS, in order to further Policy LU-6.5 of the Menlo Park General Plan, and in order to ensure that parks and parkland within the City are zoned appropriately and in conformance with the General Plan, this ordinance rezones Seminary Oaks Park from Single Family Suburban Residential to Open Space and Conservation (OSC), and rezones Sharon Hills Park from Residential Estate Suburban Residential - Conditional Development to OSC; and WHEREAS, in order to further Policy LU-6.5 of the Menlo Park General Plan, and in order to ensure that parks and parkland within the City are designated appropriately within the General Plan this ordinance amends the General Plan to re-designate Seminary Oaks Park from Low Density Residential land use designation to Parks and Recreation land use designation and redesignate Sharon Hills Park from Very Low Density Residential land use designation to Parks and Recreation land use designation.
BE IT ORDAINED by the City of Menlo Park as follows:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Section 16.08.105 is added to Chapter 16.08 (Districts Established – General Regulations) of the Menlo Park Municipal Code as set forth below.
16.08.105 Conversion of Parkland and Parks Prohibited.
The City shall neither convert to a different municipal purpose nor discontinue or abandon the use of parkland or parks for any reason or by any means, including without limitation 1) pursuant to Government Code Section 38400-38418; 2) pursuant to Government Code 38440-38462 et seq.; 3) pursuant to Government Code Section 38501-38510; and 4) pursuant to Government Code Section 37111, without first submitting to the voters of the City of Menlo Park an advisory ballot measure which seeks the voters’ opinion on whether parkland and/or parks may be converted to a different municipal purpose or discontinued or abandoned as parkland or parks.
Ordinance No. XXXX
For purposes of this section “parkland” shall mean any land designated in the City of Menlo Park General Plan and/or in any adopted city maps as “Parks and Recreation.” For purposes of this section “park” shall mean land and facilities, or portions thereof, that are owned or controlled by the City and provide recreational opportunities and/or programs as well as uses in support of said recreational opportunities and/or programs, for the benefit and enjoyment of residents and visitors of City. For purposes of this section “uses in support of said recreational opportunities and/or programs” shall not include (1) parking lots or (2) civic center buildings in Burgess Park, neither of which shall be subject to the prohibition on conversion of uses set forth in this section.
Section 3. Section 16.48.060 is added to Chapter 16.48 (OSC Open Space and Conservation District) of the Menlo Park Municipal Code as set forth below.
Section 16.48.060. Properties in the open space and conservation district may not be re-designated or rezoned for any reason or by any means, including without limitation 1) pursuant to Government Code Section 38400-38418; 2) pursuant to Government Code 38440-38462 et seq.; 3) pursuant to Government Code Section 38501-38510; and 4) pursuant to Government Code Section 37111.
Section 4. Section 16.49.050 is added to Chapter 16.49 (Public Facilities District) of Menlo Park Municipal Code as set forth below.
Section 16.49.050. Properties in the public facilities district that are owned, operated and/or controlled by the City may not be converted from a municipal purpose to a nonmunicipal purpose for any reason or by any means, including without limitation 1) pursuant to Government Code Section 38400-38418; 2) pursuant to Government Code 38440- 38462 et seq.; 3) pursuant to Government Code Section 38501-38510; and 4) pursuant to Government Code Section 37111.
For purposes of this section “municipal purpose” shall mean activities, uses, and services operated by or at the direction of the City.
Section 5. The zoning map of the City of Menlo Park is hereby amended as set forth below:
Those certain real properties known as Seminary Oaks Park (located at Seminary Drive and Santa Monica Avenue in the City of Menlo Park and bearing an Assessor Parcel Number of 062-460-050), and Sharon Hills Park (located at Valparaiso Avenue and Altschul Avenue in the City of Menlo Park and bearing no Assessor Parcel Number) are rezoned to the OSC District (Open Space and Conservation District) as more particularly described and shown in Exhibit “A” attached hereto and incorporated herein by this reference.
Section 6. The City of Menlo Park General Plan is hereby amended as set forth below:
Those certain real properties known as Seminary Oaks Park (located at Seminary Drive and Santa Monica Avenue in the City of Menlo Park and bearing an Assessor Parcel Number of 062-460-050), and Sharon Hills Park (located at Valparaiso Avenue and Altschul Avenue in the City of Menlo Park and bearing no Assessor Parcel Number) are re-designated from Low Density Residential land use designation to Parks and Recreation Ordinance No. XXXX
land use designation and re-designated from Very Low Density Residential land use designation to Parks and Recreation land use designation, respectively.
Section 7. Environmental Review.
The City Council finds and determines that enactment of this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") under the “common sense” exemption because the purpose is to preserve the existing condition of parks, does not involve the construction or alteration of facilities, and has no potential for resulting in direct or indirect significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3).
Section 8. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.
Section 9. Severability.
The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 10. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
INTRODUCED on the __ day of __, 2022.
PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __, 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Betsy Nash, Mayor
ATTEST:
Ordinance No. XXXX
_________________________
Judi A. Herren, City Clerk