Cities Index.
Minutes

Menlo Park City Council
August 23, 2022

Document
Minutes
Meeting
August 23, 2022
Body
Menlo Park City Council
Pages
78
Original file
14.5 MB
Text extracted from the city's file for reading and search. Open the original on www.menlopark.gov. That file is the official record.

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

REGULAR MEETING MINUTES
Date: 8/23/2022
Time: 6:00 p.m.

Location: Zoom
Regular Session
A. Call To Order
Mayor Nash called the meeting to order at 6:03 p.m.

B. Roll Call

Present: Combs, Mueller, Nash, Taylor, Wolosin

Absent: None
Staff: City Manager Justin Murphy, City Attorney Nira Doherty, Assistant to the City Manager/City Clerk Judi A. Herren
C. Agenda Review
Staff will be providing updates following public comment and on item E1.

D. Public Comment
None.

Police Chief Dave Norris reported out on the Oak Grove Avenue and Alma Street shooting.

E. Presentations and Proclamations
E1. Certificate of Recognition: Menlo Park Sister Cities Young Artists and Authors Showcase winner This item was continued to the September 20 City Council meeting.

F. Study Session
F1. Review and provide direction on the updated community amenities proposal for the Willow Village master plan project (Staff Report #22-166-CC)
City Councilmember Combs was recused and exited the meeting.

Acting Planning Manager Kyle Perata made the presentation (Attachment).

Applicant Michael Ghielmetti made a presentation (Attachment).

Willow Village Subcommittee made a presentation.
 Matt Regan spoke in support of the project and proposal.  Michael Jo spoke in support of the project
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org  Ali Sapirman spoke in support of project.
 Vince Rocha spoke in support of the project.
 Ken Chan spoke in support of the project.
 Bryan Shields spoke in support of the project.
 Jordan Grimes spoke in support of the project.
 Jeffrey Moore spoke in support of the project.
 Colin Bookman spoke in support of the project.
 Jenny Michel spoke in support of the project.
 Adina Levin spoke in support of the community amenities proposal and funding for affordable housing, air and noise quality, and an electric shuttle.  Katie Behroozi spoke on concerns related to the circulation plans generating more traffic and in support of the shuttle.

The City Council received clarification on the Subcommittees recommendations and identified values.

The City Council discussed the shuttle, potential routes, and utilizing the transportation master plan for shuttle flexibility in ridership and future users.

City Councilmember Combs rejoined the meeting.

F2. Aquatics program analysis and preliminary considerations for an aquatics operator request for proposals (Staff Report #22-163-CC)
City Councilmember Mueller was recused and exited the meeting.

Library and Community Services Director Sean Reinhart made the presentation (Attachment).  SOLO Aquatics Coach Tom McRae spoke in support of researching numbers and the wants and needs of a pool operator request for proposals (RFP).

The City Council received clarification on in-service training requirements, best practices, and retaining popular programs regardless of operator.

The City Council discussed transportation to Burgess and Menlo Park Community Campus (MPCC) pools, prioritizing and incentivizing use by Menlo Park residents, in-house pool operations costs and options, identical or equivalent operating schedules and programs at both aquatics centers, the distinction between operating hours and lane hours (number of lanes per pool activity per hour), agreement term length, and fees and cost recovery.

The City Council directed the following to be considered in the RFP:
 Operator taking over some of the maintenance responsibilities  More frequent check-ins with operator
 Additional oversight by City staff of operations, programs, hours  Approval by City for operators to utilize subcontractors  Prioritize and incentivize Menlo Park resident use of the pools  Affordable swim lesson fees for residents
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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
August 23, 2022

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City Councilmember Mueller rejoined the meeting.

G. Consent Calendar
G1. Accept the City Council meeting minutes for August 4 and 9, 2022 (Attachment) G2. 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 #22-158-CC)
The City Council discussed holding hybrid Planning Commission meetings.  Adina Levin spoke in support of in-person advisory body meetings.  Jenny Michel spoke in support of hybrid meetings.
 Jacqui Cebrian spoke in support of hybrid meetings.

G3. Waive the second reading and adopt ordinances 1) amending Title 8, Peace, Safety and Morals, of the Municipal Code to create a comprehensive permitting system for public assemblies and use of City parks and facilities and 2) adding Chapter 8.70 creating a process for obtaining film permits (Staff Report #22-157-CC)
 Elizabeth McCarthy spoke on the special event permitting allowing an exemption for the noise ordinance.

The City Council discussed Café Zoe events compared to special events.

G4. Adopt a resolution modifying the City Council’s regular meeting schedule to replace October 25, 2022 with October 18, 2022 (Staff Report #22-159-CC)
ACTION: Motion and second (Taylor/ Combs), to approve the consent calendar, passed unanimously.

H. Public Hearing
H1. Adopt a resolution amending the City’s comprehensive master fee schedule for the city manager’s office, community development, library and community services, public works departments, Menlo Park Municipal Water, and amend the User Fee Cost Recovery Policy (Staff Report #22-167-CC) Interim Finance Director Marvin Davis made the presentation (Attachment).

Mayor Nash opened the public hearing.

Mayor Nash closed the public hearing.

The City Council received clarification on the duration of master fee schedule, fee waiver annual totals, and the next review of the master fee schedule.

The City Council discussed staff reporting back on revenue forfeitures related to electrification.

The City Council took a brief recess at 8:39 p.m.

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The City Council reconvened at 8:51 p.m.

ACTION: Motion and second (Wolosin/ Mueller), to adopt a resolution amending the City’s master fee schedule to incorporate proposed changes in fees to become effective immediately, August 23, 2022, or as required by statute for the following departments: city manager’s office, community development, library and community services, public works, Menlo Park Municipal Water, direct staff include when electrification revenue forfeiture reaches $150,000 the master fee schedule is returned to the City Council, and amend the User Fee Cost Recovery Policy, passed unanimously.

H2. Adopt a resolution to abandon the public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive (Menlo Uptown) (Staff Report #22-165-CC)
Associate Engineer Eric Hinkley made the presentation (Attachment).

Mayor Nash opened the public hearing.

Mayor Nash closed the public hearing.

ACTION: Motion and second (Combs/ Nash), to adopt a resolution ordering the vacation and abandonment of public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive associated with the proposed redevelopment of the project site, passed unanimously.

I. Regular Business
I1. Direction regarding filling of City Council vacancies (Staff Report #22-160-CC) City Attorney Nira Doherty made the presentation (Attachment).  Adina Levin spoke on concerns of an unrepresented District by a City Council vacancy and in support of interim appointments.

The City Council received clarification on invalidity of the current ordinance, interim appointment timing for State law, and City Council resignations.

The City Council discussed options for amending the Menlo Park Municipal Code (MPMC), impacts of a four-member City Council pending a special election, public outreach in the District where the vacancy occurs, appointment process, and requiring an appointment upon resignation.

The City Council directed staff to draft an ordinance reflecting the State procedures for filling a councilmember vacancy which procedures provide the city council the option to fill a vacancy by appointment or election.

J. Informational Items
J1. City Council agenda topics: September 2022 (Staff Report #22-164-CC) J2. Update on the Middle Avenue complete streets project (Staff Report #22-161-CC)  Matthew Rascoff spoke in support of the traffic calming measures, increasing bike lanes, and City Council Regular Meeting Minutes
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org protections.
 Brendan Visser spoke in support of bike lanes in both directions.

J3. Updates about city-hosted community events and observances (Staff Report #22-162-CC) The City Council discussed historical Halloween parades and future reports including the costs associated with events.

K. City Manager's Report
City Manager Justin Murphy reported out on walking tours of the MPCC building, music event at Belle Haven school, and the Nealon Park zip line.

L. City Councilmember Reports
Mayor Nash reported out on the MPCC building tour.

M. Adjournment
Mayor Nash adjourned the meeting at 10:21 p.m.

Judi A. Herren, Assistant to the City Manager/City Clerk These minutes were approved at the City Council meeting of September 13, 2022.

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WILLOW VILLAGE MASTER PLAN PROJECT
1350- 1390 Willow Road, 925- 1098 Hamilton Avenue, 1005-1275 Hamilton Court Updated Community Amenities Proposal Study Session
Staff Presentation to City Council, August 23, 2022
F1-STAFF PRESENTATION City Council Regular Meeting Minutes August 23, 2022

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 Study session to review updated community amenities
proposal
– Receive applicant presentation
– Receive public comment
– Ask clarifying questions
– Provide feedback on applicant’s updated proposal
 Council should provide feedback on the following:
– whether the proposed amenities satisfy the criteria and need for community amenities
– whether the applicant and/or City have adequately valued the proposed community amenities
– whether the proposed amenities are consistent with the current City Council-adopted community amenities list

MEETING PURPOSE
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WILLOW VILLAGE PROJECT LOCATION
3 Main
project
site
Hamilton
Ave parcels
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4 PROPOSED SITE PLAN
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 Willow Village’s minimum required value: $133.3 million – Estimated valuation of updated proposal: $187.7 million  City Council study session (May 24, 2022)
 Willow Village City Council subcommittee
– Working directly with applicant to update the proposal – Updated proposal submitted in response to these discussions – Subcommittee to continue to work with staff on development agreement and community amenities

COMMUNITY AMENITIES EVALUATION
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REVISED COMMUNITY AMENITY PROPOSAL
 See Tables 2 and 3 for details on all proposed
community amenities
 Modifications to proposal since May 24, 2022 study
session:
– Added Bayfront Area shuttle for 17 years: $9,700,000
– Added funding for Willow Road feasibility study: $100,000 – Added funding for affordable housing: $5,000,000
– Added funding for air quality and noise monitoring in Belle Haven:
$150,000
– Reduced value of elevated park by 50 percent: ($66,834,336) – Removed community mobile market funding: ($4,299,571) – Removed dog park improvements: ($1,058,510)
– Removed Willow Road tunnel bike/pedestrian paths: ($22,250,919) 6 City Council Regular Meeting Minutes
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 Preliminary valuation
– Required minimum value: $133.3 million
– Previous proposal: $267.1 million
– Updated proposal: $187.7 million
 City Council subcommittee letter on the updated amenities (Attachment K)
– Subcommittee states updated proposal includes sufficient qualifying community amenities
– Letter outlines specific topics for clarifications and refinements

COMMUNITY AMENITIES VALUATION
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 City staff continue to conduct project review
– Release Final EIR
– Review and prepare land use entitlements
 Potential hearing schedule
– Planning Commission recommendation mid-to-late October – City Council initial actions in early-to-mid November  Future hearings tentative and dependent on completion of environmental and entitlement review

NEXT STEPS
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MEETING PURPOSE
 Review and provide feedback on the following:
– whether the proposed amenities satisfy the criteria and need for community amenities
– whether the applicant and/or City have adequately valued the proposed community amenities
– whether the proposed amenities are consistent with the current City Council-adopted community amenities list
 Provide any additional feedback on the updated
community amenities proposal
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THANK YOU
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Community
Amenities & Benefits
AUGUST 23, 2022
F1-APPLICANT PRESENTATION City Council Regular Meeting Minutes August 23, 2022

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• Full-Service Grocery Store
• Full-Service Grocery Store
Rent Subsidy
• Pharmacy Services
• ATM/Banking Services
• Restaurants/Cafes
• Community Entertainment Retail
• Publicly Accessible Open Space
• Job Training & Internships for
Local Residents
• Rent Support for Local Teachers
• Belle Haven Shuttle
• Additional Funding for Affordable
Housing Programs
• Belle Haven Air Quality & Noise
Monitors
• Willow Road Feasibility Study Funding
Community Amenities Overview:
$133M Required, $200M Proposed
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Willow Village
Community
Outreach &
Engagement
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• Thousands of community stakeholders
• 10 large community meetings
• Live polling sessions
• + 1,000 online surveys
• Bi-lingual flyers
• Menlo Park resident input & feedback
• Social media advertising
• Stakeholder endorsement & support
Community Outreach &
Engagement
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1) Full-service grocery store
2) Affordable housing
3) A balance in new jobs and new
housing units
4) New Town Square
5) Publicly Accessible Open Space
Community Voices:

What We Heard
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1) Grocery Store
2) Restaurants/cafes
3) Bakery/coffee houses/ice cream
4) Family entertainment
5) Pharmacy
What We Heard:

Retail Preferences
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1) Seating areas/benches/picnic areas
2) Grass for landscaped areas for relaxing
3) Community/cultural events/
farmer’s markets/food trucks
4) Live music/event venue (i.e. amphitheater)
5) Play structures/games areas
What We Heard:

Parks & Open Space Preferences
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Revisions Based on
Community Feedback
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• Addressed the need for grocery, retail, and entertainment • Accelerated major community amenities to start in Phase I • Improved connections to the Belle Haven neighborhood
• Improved the job/housing balance
• Provided more affordable housing
• Reduced office space
• Reduced traffic impacts
• Created exciting new open spaces, parks and trails
What We Heard:

What We Changed
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Community Amenities & Benefits
Summary
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Full-Service Grocery Store
Community Amenities & Benefits
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Full-Service Grocery Store
Community Amenities & Benefits
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Grocery Store Rent Subsidy
for 1st Phase Acceleration
Community Amenities & Benefits
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Pharmacy Services Bank/Credit Union
Branch with ATM
Community Amenities & Benefits
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High Quality
Affordable Housing
Restaurants/Cafes
Community Amenities & Benefits
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Job Training &
Community Hub
Community Entertainment
Offerings
Community Amenities & Benefits
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Elevated Park
Community Amenities & Benefits
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Elevated Park
Community Amenities & Benefits
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Elevated Park
Community Amenities & Benefits
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Town Square
Community Amenities & Benefits
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Publicly Accessible Open Space
Community Amenities & Benefits
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Additional Community
Amenities & Benefits
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Belle Haven Shuttle
Additional Community
Amenities & Benefits
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Additional $5M for affordable housing programs
with priority for Belle Haven residents
Additional Community
Amenities & Benefits
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High Quality Air and Noise
Monitors in Belle Haven
Willow Road Feasibility
Study
High Quality Air and Noise
Monitors in Belle Haven
Additional Community
Amenities & Benefits
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WILLOW VILLAGE

PROVIDES
$200M

IN COMMUNITY

AMENITIES &

BENEFITS VALUE
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AQUATICS ANALYSIS AND PRELIMINARY

CONSIDERATIONS FOR AQUATICS RFP
City Council – August 23, 2022
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Survey – aquatics-related excerpts*
• Resident survey - recreation and community programs
• Developed with input from the MPCC Subcommittee and working group, Parks and Recreation Commission, Library Commission, and City Council
• Survey opened June 13, closed August 10
• 900+ respondents
• Aquatics-related excerpts - Attachment A to the report *Staff will present the full results of the recreation and community programs survey to City Council in the context of MPCC project updates tentatively scheduled on September 13. 3 City Council Regular Meeting Minutes
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Survey insights
Statements most often rated “somewhat important” or “very important” (combined %):

A. 93% - “Swimming pools are open year-round”
B. 91% - “Swimming pools are open seven days per week”
C. 91% - “Swimming pools are focused on the needs of Menlo Park residents” D. 89% - “Swimming pools have free or discounted fees for Menlo Park residents” E. 89% - “Swimming lessons for children”
F. 89% - “Open swim / community swim time in big pool”
G. 87% - “Adult lap swimming”
H. 85% - “Children / families have priority to use swimming pools for play and social time” I. 84% - “Aquacise / exercise classes” | 83% - “Aqua therapy / physical therapy” 8 City Council Regular Meeting Minutes
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Survey insights (cont’d)
J. 51% - “Never” or “rarely” visit City-operated pools
K. 26% - Visit City-operated pools once or more per week Statements most often rated “not at all important”:

L. 39% - “Swimming pools attract participants from outside Menlo Park who are charged higher fees”
M. 34% - “Competitive swimming / sports have priority to use the pools for training and competitions”
N. 27% - “Competitive swimming and sports”
O. 23% - “Lap swimmers have priority to use the pools”
P. 20% - “Wading pool, splash pad”
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Comparative data – other aquatics programs
• Attachment C to the report
• Current aquatics data from 13 other municipal jurisdictions in the area • Bay Area Public Pool Operators Association (BAPPOA) survey responses from before the pandemic
• Maps showing locations of various types of swim centers in the region • Difficult to directly compare different jurisdictions’ aquatics programs because the programs vary widely in scope, facility features, programs offered, hours of operation and operational structure.
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Preliminary estimate – City-operated aquatics
• City of Menlo Park directly operates multiple complex and highly regulated public services, including: full-day preschool child care, youth athletic leagues, senior center meal service, transportation for youth and older adults, municipal water utility and public safety • City has not directly operated Burgess Pool since 2006 • Several preparatory steps would be needed before the City assuming direct operations of Burgess Pool and/or the new MPCC pool, including budget authorizations, recruitments and classifications, and regulatory certifications.
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Preliminary estimate – City-operated aquatics
Rough-order-of-magnitude (ROM) estimate for the City to directly operate Burgess Pool and MPCC pool year-round, seven days per week:
• Increase 4.0-7.0 full-time equivalent (FTE) benefitted employees – approximately $0.75 million - $1.0 million
• Increase 90-150 part-time, temporary non-benefited employees – approximately $1.0 million - $1.7 million
• Continue to bear maintenance costs for Burgess Pool and MPCC Pool – approximately $0.65 million to $1.0 million
• Increase administrative costs – approximately $0.10 million • Estimated annual expenditures: $2.5 million - $3.8 million • Estimated annual revenues: $0.75 million - $2 million 18 City Council Regular Meeting Minutes
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Request for Proposals (RFP)
Staff is preparing a new RFP for an aquatics operator at Burgess Pool and MPCC Pool on the following proposed timeline:
• September 20 – City Council review and authorize RFP for issuance • October – RFP issued
• November – Proposals due
• November to January – Evaluate proposals
• January 10 or 24 – City Council identify preferred provider and authorize city manager to negotiate agreement
• February 14 or 28 – City Council authorize city manager to execute agreement. 20 City Council Regular Meeting Minutes
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Proposed program requirements - RFP
List is numbered for convenience only; items are in no particular order or priority:

A. Require the operator to seek City approval for aquatics user fees. For example, to conform to any fees that City Council may establish in the master fee schedule.

B. Include revenue sharing with the City to recover the City’s facility maintenance and capital costs at a medium rate of cost recovery (30 percent – 70 percent.) The City’s total costs to maintain Burgess Pool were $645,000 in fiscal year 2021-22.

C. Require a baseline number or percentage of operating hours to be dedicated to open swim/community swim for play and social time; aqua wellness and/or therapeutic classes for seniors and others who benefit from such programs; and a baseline quantity of free or discounted swim lessons to be offered to Menlo Park children.

D. Require that Burgess Pool and MPCC Pool offer identical or equivalent operating schedules and programs.
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Discussion
Per City Council’s direction, staff will incorporate City Council feedback into a draft RFP for City Council review and authorization September 20. Staff seeks City Council’s feedback and direction on the following items:
• Proposed program requirements for the RFP
• Other elements or requirements City Council desires for the RFP • If/when to prepare a comprehensive City-run aquatics program operating budget and staffing proposal.
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MASTER FEE SCHEDULE PUBLIC HEARING
August 23, 2022
H1-PRESENTATION City Council Regular Meeting Minutes
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 The City Council last adopted changes to the Master Fee schedule for fees effective July 2018 and July 2019 at the public hearing held April 24, 2018
 The City imposes different categories of fees with different requirements
– Fees and charges for use of facilities, services and access to property • Discretionary, can be effective immediately following approval by City Council
– Property development processing and impact fees
• Cannot exceed reasonable cost of providing service/facilities • New fees or changes to existing fees can be effective no sooner than 60 days after approval by City Council
– Fees relating to public records act requests and copies of documents and reports
• Limited to actual cost or statutory amount (whichever is lower) • No recommendations in this fee category

BACKGROUND
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 City Manager’s Office – Sustainability
– Electric vehicle charging stations fees as directed by City Council on August 20, 2019 – Existing building electrification permit fee waivers and credits  Community Development
– Signs and awnings
– Swimming pools
 Library and Community Services
– Elimination of library overdue fines (directed by City Council on April 13, 2021; effective July 1, 2021) – Elimination of fees associated with the Menlo Park Senior Center and Onetta Harris Community Center buildings – Revisions to Menlo Children’s Center tuition (approved by City Council on June 9, 2020)  Public Works – New special encroachments fee
– Remove 8 week maximum from debris box/container on street fee – Specify maximum 2 improvement plan reviews
– New non-standard agreement fee
– New traffic signal Interruption fee
 Menlo Park Municipal Water
– Increase fire flow test fee from $270 to $405

OVERVIEW OF RECOMMENDATIONS
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 Adopt resolution amending the City’s master fee schedule to incorporate proposed changes in fees
 Effective immediately
– Public Works
• Electric vehicle charging
• Traffic signal interruption
– MPMW
• Fire flow test  Effective after 60 days
– Public Works
• Special encroachments
• Debris box/container on street
• Improvement plan reviews
• Non-standard agreements
• Abandonments (public easements and ROW)
– Community Development
• Signs and awnings
• Swimming pools

RECOMMENDED ACTION
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THANK YOU
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RESOLUTION TO ABANDON PUBLIC SERVICE EASEMENTS
Menlo Uptown – 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive H2-PRESENTATION City Council Regular Meeting Minutes
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 The project was approved in September 2021.
 On May 24, 2022, City Council approved the final map
which established new public access and emergency
vehicle access easements. The final map was not used
to abandon easements related to site utilities.
 On June 28, 2022, City Council adopted Resolution No. 6748 declaring intention to abandon public service
easements.
 On July 25, 2022, Planning Commission adopted
Resolution No. 2022-16 confirming abandonment was
consistent with general plan and recommending
approval of abandonment.

PROJECT BACKGROUND
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 Recommended action:
– Adopt resolution ordering the vacation and abandonment of public service easements within the properties at 141 Jefferson Drive, 180 Constitution Drive and 186 Constitution Drive.

RECOMMENDATION
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THANK YOU
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DIRECTION REGARDING FILLING OF

CITY COUNCIL VACANCIES
City Attorney Nira Doherty
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1. Repeal Menlo Park Municipal Code (MPMC) Section 2.04.090 in its entirety and defer to and rely solely on State law for the procedures for filling a vacancy. State law allows the City to within 60 days of the creation of a vacancy to either: (1) fill the vacancy by appointment or (2) call a special election to fill the vacancy. Alternatively, the City Council could revise Section 2.04.090 to codify, verbatim, these State law procedures for filling a vacancy, or

2. Revise MPMC Section 2.04.090 to limit the City to filling every vacancy by special election only (this option would prohibit the City from filling a vacancy by appointment), or

3. Revise MPMC Section 2.04.090 to require that a special election vacancy be filled when petitions bearing a specified number of verified signatures are filed (this option would require a mail in ballot to fill a vacancy), or

4. Revise MPMC Section 2.04.090 to allow the City Council to appoint someone to the City Council until a special election for the vacancy is held (the appointee would hold office only until the date of a special election, which would need to be immediately called to fill the remainder of the term.)

CITY COUNCIL OPTIONS
2 City Council Regular Meeting Minutes
August 23, 2022

Page 77 of 78 ends

CITY COUNCIL VACANCY FLOW CHART
3 Default State
Process (Gov.

Code
36512(b))
Appoint
If resignation occurs in first
half of term at least 130 days
before next general
municipal election, then City Council makes interim appointment until election to fill remainder of vacancy
If resignation occurs in
second half of term,
then City Council can
avoid an election and
appoint for remainder
of term
Special
Election
Alternative Process -
3 options
(Gov. Code 36512(c))
Special
Election must
be called after
every vacancy
Special Election via petition
(a certain number of voters
must sign a mail in petition
nominating a candidate and
those candidates are on special election ballot) (not recommended) Interim appointment until
special election (does not
matter when resignation
occurs). City Council can
specify appointment
process in ordinance
City Council Regular Meeting Minutes
August 23, 2022

Page 78 of 78 ends
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