Menlo Park City Council
October 11, 2022

1 Investment Proposal (Quote)
RDO Equipment Co.
24353 Clawiter Rd.

Hayward (VM) CA, 94545
Phone: (510) 460-3900 - Fax: (510) 723-0271
Proposal for:

CITY OF MENLO PARK
701 Laurel ST
MENLO PARK, CA, 94025

SAN MATEO
Investment Proposal Date:

Pricing Valid Until:

Deal Number:

Customer Account#:

Account Manager:

Phone:

Fax:

Email:
9/27/2022
10/4/2022
1527433
6780003
Taylor Kyse
(510) 460-3900
[email protected]
Comments
Due to volatility in the supply chain and delayed lead times, equipment will be capped at a price increase of 4% per quarter between the PO being placed and delivery. Price increases are currently determined on a quarterly basis on January 1st, April 1st, July 1st, and October 1st. Members should consult with local dealer on the estimated delivery.

Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 TBD
TBD
0 New 2022 VERMEER BC1500 $83,670.29
Freight in $2,834.00
Prep / Reconditioning $525.00
Other Sourcewell Member ID#112380 Contract #031721-VRM
Other Estimated Price Increase for May 2023 (+ 12%) $10,040.44 Equipment Subtotal: $97,069.73
Purchase Order Totals
Balance: $97,069.73
CA STATE TAX: $5,824.18
CA COUNTY TAX: $242.68
CA SPECIAL TAX: $3,033.43
Sales Tax Total: $9,100.29
PrePaid Tax License: $1,320.00
CA Tire Fee: $3.50
Sub Total: $107,493.52
Cash with Order: $0.00
Balance Due: $107,493.52
Equipment Options
Qty Serial Number Year / Make / Model Description
1 TBD 2022 VERMEER BC1500 BC1500011 BC1500 130HP CUMMINS DIESEL - TIER 4 FINAL BC1500029 BC1500 WINCH RIGHT SIDE CONTROLS T4F
BC1500040 ~BC1500 DOMESTIC 6-WAY ROUND TRAILER PLUG
BC1500092 ~BC1500 DOMESTIC OPTION 130HP TIER 4 FINAL
BC1500096 BC1500 ELECTRIC BRAKE 9.2K
BC1500016 ~MANUAL CHUTE ROTATION RIGHT SIDE
BC1500052 BC1500 RT SIDE CONTROLS - (130HP) T4F/STAGE IV BC1500077 BC1500 STANDARD TIRES - 235/75R17.5H/J
D1527433
Page

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Volvo Construction Equipment & Services
1944 Marina Blvd
San Leandro, CA 94577
Ph: (510) 357-9131
Fx: (510) 483-7287
X
X Net due 30 days
Year Hrs
2022 NEW Volvo DD15 Double Drum Ashphalt Compactor
- See attached specifications
Foldable ROPS
36" Drum with Dual Vibration
Beacon
Urethane Wiper Blades
Factory and/or Delivery Freight
Pre-Delivery Inspection Charge (PDI)
Standard 24 Unlim Hours
Finance Details:

Notes:

One Machine Due around January 2023
Scott Nadell
Total Price
09/26/22
City of Menlo Park - SOURCWELL MEMBER # 112380
[email protected]
SW Discount 36.9%
$ 1,775.00
Net Price:

Included
Included
Included
Subtotal:

9.375%
$ 31,243.74
Equipment Total:
$ -
$ 47,811.00
Sales Tax $
$ -
$ -
$ 2,762.69
$ -
$ -
$ -
Machine subject to prior sale
$ 34,006.43
Notes:

Additional Discount
$ -
$ -
Doc Fees:

Included
Proposal/Retail Order
Financing (see below)

THIS ORDER NOT ACCEPTED OR BINDING UNTIL APPROVED BY AN OFFICER OF VOLVO CONSTRUCTION EQUIPMENT & SERVICES Quote valid for 30 days
Customer
Signature:

Date: 09/26/22
Title:

VCES
Title:

THIS DOCUMENT IS A CONTRACT INCLUDING IMPORTANT TERMS AND CONDITIONS. I HAVE REVIEWED AND ACCEPT ALL TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THOSE ON THE 2ND PAGE OF THIS CONTRACT. I HAVE READ THIS CONTRACT AND AUTHORIZE THE ENTRY OF THE ABOVE ORDER SUBJECT TO THE TERMS AND CONDITIONS HEREIN.

Tax exemption req. re-sellers permit
Government Sales
Total Price:

Hours are estimated
Preventative Maintenance Contract: DECLINED Non-Taxable Items:

Date:

Signature:

TBD
FOB Point of Origin - Ship Via: VCES San Leandro PREPAID $ -
Make Model Serial No.

Volvo
Description
$ 47,811.00
Mr. Donald Weber
333 Burgess Dr.

Menlo Park, CA 94025
Address:
(650) 330-6790

COLLECT
Installment plan
Sales Rep:

City of Menlo Park - SOURCWELL MEMBER # 112380
Contact:

Address: 333 Burgess Dr.

Mr. Donald Weber
Scott Nadell (Mobile: 619-778-6039)
Invoice to:

Fax/Email:

Phone:

Unit ID
Fax/Email:

Ship to:

Menlo Park, CA 94025
(650) 330-6790
Contact:

Phone:

VCES San Leandro
[email protected]
TBD
TERMS: Net due on receipt
DD15
Warranty: Expires:
$ -
$ -
$ 1,275.00
Months 2YR
$ 500.00
Volvo Construction Equipment Sourcewell Contract # 032119-VCE Customer

ACCEPTED
PO No. 0
“When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.” Sales Tax %
$ (17,642.26)
$ (700.00)
Standard Full Machine Warranty is for 1yr and runs concurrently with extended warranty. $ 29,468.74 Standard warranty covers the full machine, bumper to bumper Page G-2.224
Option No. Description
DD15 Volvo DD15 Compactor
DD39301 Standard Hood Selection
DD51001 Back up alarm
DD11005 Double Vib Drum Installation 900 mm (35" )
DD13002 Urethane Wiper
DD43001 Steering knob
DD48002 Foldable ROPS
DD59803 Worklights ROPS Mounted 2F & 2 R)
DD59805 Beacon
DD74025 English Manual
DD89128 North American Decals
DD89601 Battery disconnect
DD89911 Decal ULSD Installation
Volvo DD15 Double Drum Ashphalt Compactor
Unit Specifications/Options
Page G-2.225
Reference Sales Order No: TBD
Customer's Initials:

City of Menlo Park - SOURCWELL MEMBE
TERMS AND CONDITIONS – EQUIPMENT SALE

1. General: The Terms and Conditions of Sale outlined herein shall apply to the sale by Volvo Road Machinery, Inc. d/b/a Volvo Construction Equipment Services (hereinafter referred to as Company) of products, equipment and parts relating thereto (hereinafter referred to as Equipment). Unless prior written agreement is reached, it shall be understood that the Company’s proceeding with any work shall be in accordance with the terms and conditions outlined herein.

The Company hereby gives notice of its objection to any additional or different terms included in any purchase order or other form submitted by the Purchaser. Such additional or different terms shall not be included in this contract. The Company will comply with applicable laws and regulations as they may apply to the manufacture of the Equipment. Compliance with any local governmental laws or regulations relating to the location, use or operation of the Equipment, or its use in conjunction with other equipment, shall be the sole responsibility of the Purchaser.

2. Title and Risk of Loss: Title and risk of loss or damage to the Equipment shall pass to the Purchaser upon tender of delivery F.O.B. manufacturing facility unless otherwise agreed upon by the parties, except that a security interest in the Equipment shall remain in the Company, regardless of mode of attachment to realty or other property, until full payment has been made therefor. Purchaser agrees upon request to all things and acts necessary to perfect and maintain such security interest and shall protect Company’s interest by adequately insuring the Equipment against loss or damage from any cause wherein the Company shall be named as an additional insured.

3. Assignment: Neither party shall assign or transfer this contract without the prior written consent of the other party. The Company however shall be permitted to assign or transfer, without the prior written consent of the Purchaser, the Company’s right to receive all or any portion of the payment due from the Purchaser under this contract.

4. Delivery and Delays: Delivery dates shall be interpreted as estimated and in no event shall dates be construed as falling within the meaning of “time is of the essence”. The Company shall not be liable for any loss or delay due to war, riots, fire, flood, strikes, or other labor difficulty, acts of civil or military authority including governmental laws, order, priorities or regulations, acts of the Purchaser, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, faulty forgoings or castings, or other causes beyond the reasonable control of the Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay. The Purchaser’s receipt of Equipment shall constitute a waiver of any claims for delay.

5. Taxes: The price does not include any present or future Federal, State, or local property, license, privilege, sale, use, excise, gross receipts or other like taxes or assessments which may be applicable to, measured by, or imposed upon or result from this transaction, or any services performed in connection therewith. Such taxes will be itemized separately to Purchaser, who shall make prompt payment to the Company. The Company will accept a valid exemption certificate from Purchaser, if applicable. If such exemption certificate is not recognized by the government taxing authority involved, Purchaser agrees to promptly reimburse the Company for any taxes covered by such exemption certificate which the Company is required to pay.

6. Set Offs: Neither Purchaser nor any affiliated company or assignee shall have the right to claim compensation or to set off against any amounts which become payable to the Company under this contract or otherwise.

7. Patents: The Company shall defend any suit or proceeding brought against the Purchaser and shall pay any adverse judgment entered therein so far as such suit or proceeding is based upon a claim that the use of the Equipment manufactured by the Company, and furnished under this contract, constitutes infringement of any patent of the United States of America, provided the Company is promptly notified in writing and given the authority, information and assistance by Purchaser for defense of same; and the Company shall, at its option, procure for the Purchaser the right to continue to use such Equipment, modify it so that it becomes non-infringing, replace the same with non-infringing equipment, or remove such Equipment and refund the purchase price. The foregoing shall not be construed to include any agreement by the Company to accept any liability whatsoever with respect to patents for inventions including more than the Equipment furnished hereunder, or patents for methods and processes to be carried out with the aid of the Equipment. The foregoing states the entire liability of the Company with regard to patent infringement.

8. Warranty: The Company warrants that new Equipment manufactured by it and delivered hereunder will be free of defects in material and workmanship for the periods of time specified in the applicable warranties of the Company for such Equipment, which are incorporated herein by reference.

The Purchaser shall be obligated to promptly report any failure to conform to the applicable warranty to the Company in writing within the applicable warranty period, whereupon the Company shall, at its option, correct such nonconformity by suitable repair to such Equipment or furnish a replacement part F.O.B. point of shipment, provided the Purchaser has stored, installed, maintained and operated such Equipment in accordance with good industry practices and has complied with specific recommendations of the Company. The Company shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by the Purchaser or others without the Company’s prior written approval. The effects of corrosion, erosion and normal wear and tear are specifically excluded from the Company’s warranty. Performance warranties, if any, are limited to those specifically stated within the Company’s proposal. Unless responsibility for meeting such performance warranties is limited to specified shop or field tests, the Company’s obligation shall be to correct in the manner and for the period of time provided in the applicable warranty. Accessories or equipment furnished by the Company, but manufactured by others, including, but not limited to, engines, tires, batteries, engine electrical equipment, hydraulic transmissions, and carriers, shall carry whatever warranty the manufacturers have conveyed to the Company and which can be passed on to the Purchaser. THE COMPANY MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED

WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Correction by the Company of nonconformities whether patent or latent, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of the Company for such nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of such Equipment. The Purchaser shall not operate Equipment which is considered to be defective, without first notifying the Company in writing of its intention to do so. Any such use of Equipment will be at the Purchaser’s sole risk and liability. ALL USED EQUIPMENT IS SOLD “AS IS, WITH ALL FAULTS.”

9. Limitations of Liability: THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF THE COMPANY WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT AND SERVICES FURNISHED HEREUNDER, IN

CONNECTION WITH THE PERFORMANCE OR BREACH THEREOF, OR FROM THE

MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION

COVERED BY OR FURNISHED UNDER THIS CONTRACT, WHETHER BASED ON

CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE,

SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT UPON WHICH SUCH LIABILITY IS BASED. THE COMPANY AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF

THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR

PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR

ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT HEREUNDER,

WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST

GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF

SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, COST OF PURCHASE OF REPLACEMENT POWER OR CLAIMS OF PURCHASER OR CUSTOMERS OF

PURCHASER FOR SERVICE INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE

IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

10. Nuclear Liability: In the event that the Equipment sold hereunder is to be used in a nuclear facility, the Purchaser hereby releases and agrees to indemnify the Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due in whole or in part to the negligence or otherwise of the Company or its suppliers.

11. Governing Law: The rights and obligations of the parties shall be governed by the laws of the State of North Carolina excluding its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract.

12. Execution: The Company shall not be bound by any contract or any modification thereto until approved in writing by an officer of the Company. The contract, when so approved, shall supersede all previous communications, either oral or written, with respect to the subject matter thereof.

TERMS AND CONDITIONS – EQUIPMENT RENTAL

1. Lessee agrees to rent the Equipment for the term and at the stipulated rental rates and to pay such rental when due irrespective of any claims, demands, set-offs, actions, suits or proceedings, that it may have or assert against Lessor.

2. From the time the Equipment is shipped from Lessor’s facility, until it is returned to Lessor’s designated facility, Lessee shall: (i) use the Equipment solely in the conduct of its business; (ii) use and preserve the Equipment in a careful, proper and lawful manner; (iii) at its own expense keep the Equipment in good repair, condition and working order and pay the cost of any and all parts and labor required for that purpose, using only parts manufactured or furnished by the manufacturer of the Equipment; (iv) not make any material alterations to the Equipment; (v) promptly notify Lessor of any loss of or damage to the Equipment; and (vi) assume the entire risk of loss of and damage to the Equipment, and injury or death to persons, from any cause whatsoever arising under this agreement.

3. Lessor may inspect the Equipment at all reasonable times.

4. Lessee shall report and pay to the appropriate authority any and all license fees, registration fees, assessments, charges and taxes, including penalty and interest, assessed against the Equipment due to rental or use thereof and reimburse Lessor upon request for any such amounts assessed against Lessor by reason of the rental or use of the Equipment, except for taxes payable in respect to Lessor’s income.

5. Lessee shall keep the Equipment at the address specified in this agreement, and not remove it therefrom without the Lessor’s prior written consent. Lessee shall not assign, sublet or pledge any of the Equipment or any interest in this agreement, and any attempt to do so shall constitute an act of default hereunder.

6. The Equipment shall at all times remain personal property of Lessor regardless of the degree of its annexation to any real property and shall not by reason of any annexation become a part thereof. Lessor shall retain a security interest in the Equipment in the event that the rental of the Equipment is held by a court to constitute a lease intended for security and Lessee agrees upon request to do all things and acts necessary to perfect and maintain such security interest.

7. Lessee, at its own expense, will maintain all risk insurance coverage on the Equipment for its full replacement value, and also such other insurance as Lessor may require, in amounts and under policies acceptable to Lessor, with loss payable to Lessee and Lessor as their respective interests may appear. Upon request of Lessor, Lessee shall furnish certificates of insurance evidencing such coverage. Each policy shall provide for thirty (30) days written notice to Lessor of the cancellation or material modification thereof.

8. Lessee shall promptly notify Lessor of each accident involving any Equipment, including time, place, nature of the accident or damage, and such other information as may be known; advise Lessor of all correspondence, papers, notices, or documents received; aid in the investigation and defense of all such claims; and assist in the recovery of damages, from third parties liable therefor.

9. In the event of damage to or loss, destruction or theft of the Equipment or any part thereof, Lessee shall pay to Lessor the full value of the Equipment at the time of such occurrence except to the extent that Lessor receives proceeds of insurance covering such Equipment. Such payment may, at Lessor’s option, be applied (i) to repair such Equipment, or (ii) to afford Lessee a pro rata reduction in the rental payments attributable to the lost or damaged Equipment, or (iii) to replace the Equipment with equipment of the same make and the same or later model.

10. LESSEE UNDERSTANDS THAT LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE

EQUIPMENT, AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

11. LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR

CONSEQUENTIAL DAMAGES OR LOSS (I) RESULTING FROM THE NON-DELIVERY, DELIVERY, MANUFACTURE, INSTALLATION, USE OR OPERATION OF THE EQUIPMENT,

OR FROM ANY DEFECTS IN, FAILURES, MALFUNCTIONS, REPAIRS, REPLACEMENTS OR

ALTERATIONS THEREOF, OR (II) WITHOUT LIMITATION, ANY OTHER LIABILITY OF ANY NATURE WITH RESPECT TO THE EQUIPMENT, OR THIS AGREEMENT OR ANY BREACH THEREOF OR ARISING OUT OF NEGLIGENCE. FURTHERMORE, LESSEE SHALL

INDEMNIFY AND HOLD HARMLESS LESSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES,

AGENTS AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, ACTIONS, SUITS,

PROCEEDINGS, COSTS, EXPENSES, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE BREACH THEREOF.

12. Upon termination of this agreement, Lessee will, at its own cost and expense, promptly return the Equipment to Lessor in the same condition as received, reasonable wear and tear and normal depreciation excepted.

13. If Lessee breaches its obligation to pay rentals when due or any of the other terms of this agreement, or if Lessee becomes insolvent or ceases to do business as a going concern, or if the Equipment or any part of it is abused, illegally used or misused, or if Lessee makes an assignment for the benefit of creditors, or if a petition in bankruptcy or for arrangement or reorganization is filed by or against Lessee, or if property of Lessee is attached or a receiver is appointed for Lessee or any of Lessee’s’ property, or if Lessee is in default pursuant to the provisions of any other agreement by and between Lessor and Lessee, or whenever Lessor may deem the rentals or Equipment insecure, the Lessee hereby authorizes Lessor to enter, with or without legal process, any premises where the Equipment may be and take possession thereof, or at the request of Lessor, Lessee will assemble the Equipment and make the Equipment available to the Lessor, in whole or in part as requested, at such place or places designated by the Lessor. All remedies herein are cumulative and any or all such remedies may be exercised in lieu of or in addition to any remedies at law, in equity or under statute. If after default this agreement is placed with an attorney for collection of unpaid rentals or enforcement of any other right or remedy of Lessor, Lessee shall pay reasonable attorney’s fees. Waiver of any default shall not be a waiver of any other or subsequent default.

14. All notices required to be given hereunder shall be in writing and shall be deemed adequately given if sent by registered or certified mail to the other party at the registered address of such other party, or at such other place as either party may designate in writing to the other party.

15. The rights and obligations of the parties shall be governed by the laws of the State of North Carolina excluding its conflicts of law principles.

16. This document and any attachments hereto constitute the entire agreement of the parties with respect to the subject matter hereof. No variation or modification of this document and no waiver of any of its provisions or conditions shall be valid unless in writing and signed by both parties.

Page G-2.226
RESOLUTION NO. 6552

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO ADOPTING SUSTAINABLE VEHICLE FLEET POLICY NO. CC-20-011 TO REDUCE GREENHOUSE GAS EMISSIONS BY INCREASING THE NUMBER OF ZEROEMISSION FLEET VEHICLES WHEREAS, on December 10, 2019 the City Council of the City of Menlo Park adopted Resolution No. 6535 declaring a climate emergency to accelerate its actions to address climate change and reduce greenhouse gas (GHG) emissions;
WHEREAS, internal combustion engine (fossil fuel) vehicles are large source of GHG emissions;
WHEREAS, the City currently manages a fleet of vehicles to provide specialized services to the community which are primarily internal combustion engine (fossil fuel gasoline) vehicles; and, WHEREAS, recent advancements in technology, such as increased travel range, regenerative braking, and more spacious interior compartments have expanded the capabilities of zeroemissions vehicles so that more City work applications can be met with these vehicles; and, WHEREAS, this policy defines policies and procedures for the acquisition and management of vehicles in the municipal fleet.

NOW, THEREFORE, IT IS RESOLVED, the City Council of the City of Menlo Park hereby adopts the City of Menlo Park sustainable vehicle fleet policy No. CC-20-011 recommended by staff and presented to the City Council on the twenty sixth day of March, 2020, incorporated herein as Exhibit A.

I, Judi 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 March, 2020, by the following votes:

AYES: Carlton, Combs, Mueller, Nash, Taylor
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-sixth day of March, 2020
Judi A. Herren, City Clerk
ATTACHMENT C Page G-2.227

SUSTAINABLE VEHICLE FLEET POLICY
City Council Procedure #CC-20-011
Effective 3/26/2020
Resolution No. 6552
Purpose
To accelerate greenhouse gas emissions reduction due to the climate emergency and improve San Francisco Bay Area air quality, through the increased adoption of zero-emission vehicles in municipal fleet.

Authority
This policy will set forth the acquisition process for municipal fleet vehicles and outline practices to reduce greenhouse gas emissions related to fleet operation.

Background
In December 2019, City Council signed Resolution No. 6335 declaring a climate emergency which demands accelerated actions to address climate change. Menlo Park’s climate action plan describes strategies and goals to urgently respond to this climate emergency, such as the acquisition of sustainable products over conventional products. Sustainable products have environmental benefits, such as greenhouse gas emission or waste reduction which do not easily translate to an economic value.

The City recognizes internal combustion engine (fossil fuel) vehicles are a large source of greenhouse gas emissions. The City currently manages a fleet of vehicles to provide specialized services to the community which are primarily internal combustion engine (fossil fuel) vehicles. However, recent advancements in zero-emission vehicles (ZEVs), such as increased market availability, travel range, regenerative braking, and more spacious compartments have expanded the capabilities of ZEVs so that more City work applications can be met with these vehicles. The zero-emission vehicle market is not as large as the internal combustion engine vehicle market, but it is growing rapidly. The ZEV market is predicted to offer products that meet 40 percent of current fleet needs by 2025.

Policies and procedures
The City of Menlo Park is committed to improving the San Francisco Bay Area’s air quality and reducing greenhouse gas emissions by instating the following practices:

A. Reducing vehicle fleet tailpipe emissions through:

1. Establishing a “ZEV First” commitment for fleet vehicles that emit no tailpipe emissions from the onboard source of power.

2. Purchasing zero-emission vehicles (ZEV) as a first option priority for the municipal fleet even if comparable fossil fuel vehicles cost less to purchase.

3. Committing to a minimum of 50 percent of ZEVs for total vehicle purchases by 2025 and 75 percent by 2030.

4. Actively seeking vehicle fleet grants to purchase ZEVs.

5. Requiring the installation of electric vehicle charging infrastructure at the time of vehicle purchase, as appropriate considering economic and resource constraints, to support the annual purchase of ZEV.

6. Commit to test, evaluate, and, where feasible, acquire ZEVs for medium- and heavy-duty vehicle categories.

B. Implement the “ZEV First” commitment using the following process and procedure:

1. ZEV purchases shall be prioritized over comparable vehicles powered by internal combustion engines utilizing fossil fuels, flex-fuel, or bi-fuel vehicles powered by petroleum-based fuels (gasoline) and other alternative fuels, such as ethanol or renewable diesel.

2. Exemptions to purchasing a ZEV include:
i. No viable ZEV option is available in the current vehicle market; OR EXHIBIT A Resolution No. 6552

Page G-2.228

SUSTAINABLE FLEET
City Council Policy #CC-20-011 2
Effective 3/24/2020

ii. The ZEV does not meet performance needs to provide services, including but not limited to, public safety, vehicle capabilities, and emergency response functions; OR iii. No fueling infrastructure is available or planned to be completed within six months of vehicle purchase.

3. If an exemption to a ZEV purchase is pursued, the following priority structure will be used in considering a replacement vehicle:
i. Defer purchasing a vehicle if a ZEV market option will be available and/or infrastructure will be installed in less than three years.
ii. Lease plug-in electric hybrid vehicles if available in the market, or the less preferable option is to purchase.
iii. Lease hybrid-electric fuel vehicles if available in the market, or the less preferable option is to purchase.
iv. Lease an internal combustion engine (fossil fuel, flex-fuel or bi-fuel, ethanol, renewable diesel, etc.) vehicle, or the less preferable option is to purchase.

C. Fuel consumption

1. Reduce fossil fuel (gasoline and diesel) consumption 5 percent annually relative to baseline fuel consumption for fund year 2018-2019, and review at year end to take into account potential growth in fleet size.

2. Reduce miles driven annually by fleet vehicles through route optimization, utilizing GPS (Global Positioning System) devices or route optimization specific software.

D. Vehicle operations

1. Promote reduced idling, trip reduction, routing efficiency, and use of city bicycle fleet and public transportation to City departments.

2. Reduce fleet size by removing under-utilized vehicles, reviewing annually, from the fleet or through reassignment in place of additional units.

E. Cost effectiveness and performance

1. Seek grants, rebates, and other financial incentives and funding opportunities to use in purchasing ZEVs and/or implementing electric charging or refueling infrastructure.

2. Identify opportunities and the financial resources needed to replace older fleet equipment with zeroemission equipment.

F. Monitoring and reporting

1. Each fiscal year through the annual budgeting process, staff shall:
i. Prepare an annual replacement assessment which will include budget estimates for zero-emission vehicles replacement, including the cost of necessary electric charging or refueling infrastructure; ii. Report any other actions taken to support or enhance the City's sustainable fleet policy.

2. Enhance fleet management systems and implement new technology with emphasis on reducing fossil fuel (gasoline and diesel) consumption and reviewing the City fleet annually to ensure each vehicle replacement purchase is necessary.

Legislative history
Resolution No. 6552

Page G-2.229

SUSTAINABLE FLEET
City Council Policy #CC-20-011 3
Effective 3/24/2020

Action Date Notes
Adoption by City Council
Resolution No. 6552 3/26/2020
Resolution No. 6552

Page G-2.230
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Public Works

MEMORANDUM
Date: 10/11/2022
To: City Council
From: Joanna Chen, Management Analyst II
Re: Police Motorcycle Replacements
Part of the police department vehicle purchase is to remove two electric Zero Motorcycles and two older Harley-Davidson gasoline powered motorcycles from service and to purchase three lower emission BMW gasoline motorcycles.

The two electric Zero Motorcycles, one a 2014 model and the other a 2016, are eligible for replacement based on age and are becoming more expensive and difficult to maintain. Zero Motorcycles are early adopters in building all-electric motorcycles and configuring them into police motorcycles. They no longer make a replacement battery for the 2014 model and officers have experienced malfunctioning electric circuits in the middle of duty while driving the 2016 model. The malfunction causes the motorcycle to be inoperable and is a safety concern. Staff are unable to maintain and repair these motorcycles in-house as the manufacturer does not readily release information relevant to repair, claiming it is proprietary information. Also, the motorcycles do not meet traffic patrol operation needs for hands-free communications and road speed due to safety concerns.

While some manufacturers produce electric motorcycles, the models available are not suitable for traffic enforcement police work. Traditionally, police motorcycles come from the factory and are then equipped with an aftermarket police package, which includes emergency lights, sirens, police radio, etc. Because a gas powered motorcycle produces 12 volts of electricity from its charging system, attaching this type of emergency equipment is very simple. On the other hand, an electric motorcycle has a computer controlled nervous system that do not have the ability to recharge the battery while running. Any 12-volt equipment would draw down the battery and require the motorcycle to be plugged in to recharge. This limits options for aftermarket outfitting. An electric motorcycle equipped with emergency equipment must be programmed and built that way from the factory. For example, HarleyDavidson has a model called LiveWire One, which is built for urban riding with an aggressive riding position. However, this model does not have space on the motorcycle or the capacity to add police equipment required.

Other major limitations are, due to the above listed voltage issues, a police radio cannot be attached to these motorcycles. This situation causes the officers to operate off of their portable radio, which is an unacceptable safety issue when it comes to high speed full time enforcement. Officers are also sometimes required to change channels while riding, which is nearly impossible at high speeds on a portable radio.

Controlling the portable radio would mean that the motorcycle officer would have to take one hand off of the handlebars of their motorcycle while maneuvering the vehicle, often at significant speeds and including turning, accelerating, and braking movements. In addition, the range capability of a portable radio is not sufficient to Page G-2.231 ATTACHMENT E
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org 2 conduct out of the area operations. On a monthly basis, the Menlo Park Traffic Unit conducts operations, (STEP), in every city in the county.

There are also additional concerns regarding battery range and charging needs specific to motorcycles, as the technology is not identical to the advanced charging systems in four-wheeled commercially available electric vehicles.

As technology advances, vehicles and motorcycles continue to have better fuel economy than the previous models. The gasoline powered BMW motorcycles identified in the proposed vehicle purchase would meet EURO-5 emissions standards and substantially reduce vehicle emissions as compared to the Harley Davidson motorcycles they would replace. These vehicles are estimated to have a useful life of approximately five years, at such time they will be evaluated for replacement and staff will continue to monitor what is available to seek out a viable electric alternative.

In addition to the five proposed electric police vehicle purchases, the Police Department proposed to purchase two lower emission BMW gasoline powered motorcycles to the Environmental Quality Commission (EQC) in August. The commissioners recommend and advise the City Council to accept the proposed police department vehicle purchases. The department seeks the City Council’s approval to purchase an additional BMW motorcycle, a recommendation that came after the EQC meeting.

Page G-2.232
22 22
9 21
18 14
0 5
10 15
20 25
Gasoline Hybrid Electric
Figure 1: Police deparment vehicle inventory
Current If approved
80 25
9 77
21 17
0 10
20 30
40 50
60 70
80 90
Gasoline and renewable diesel Hybrid Electric
Figure 2: Citywide vehicle inventory
Current If approved
Page G-2.233 ATTACHMENT F

VEHICLE AND EQUIPMENT PURCHASE
PROPOSALFor fiscal year 2022-23
G2-PRESENTATION
 Replacement based on mileage, age, downtime for repairs, and mandated emission regulations
 Adhere to the City’s Climate Action Plan No. 5 goal to eliminate fossil fuels from city operations by 2030
 Adhere to the Sustainable Fleet Policy to reduce greenhouse gas emissions by increasing the number of zero-emission fleetvehicles

BACKGROUND ON VEHICLE/EQUIPMENT PURCHASES
2  Police began its commitment to reduce GHG emission in 2008 – 5 EVs were purchased from the FY20-21 vehicle purchase– Major milestone for a small-sized police department– 15 bicycles for street patrol when possible  Public Works began its commitment in 2021
– Large equipment uses renewable diesel, which reduces GHG emissions by up to 90 percent– 1 hybrid aerial lift truck 3 SUSTAINABLE FLEET

ENVIRONMENTAL QUALITY

COMMISSION FEEDBACK
 On August 31, staff presented the proposed fleet purchase to the Environmental Quality Commission (EQC) and they voted 6-0 (onecommissioner absent) to recommend and advise the City Council thefollowing actions:– To accept the proposed police department vehicle purchases– To request that staff consider the following feedback for the proposed public works purchases:
• Timing purchases in relation to air quality requirements and end of life of combustion fired equipment
• Looking into further alternatives for public works combustion fired equipment to present to City Council
• Checking with agencies that are providing electric incentives to inform about available technologies
4 PROPOSED VEHICLE PURCHASE

FOR POLICE
 One electric Ford Mustang Mach-E pool vehicle One electric Ford F-150 Lightning community service truck Three electric detective vehicles (two Mustang Mach-Es, and one F-150 Lightning)
 Three lower emission BMW 1250 RT-P gasoline powered motorcycles If approved, the department would have 14 electric vehicles and 18 hybrids – More than 60 percent of the police fleet operates at significantly reduce or zero emissions 5 PROPOSED VEHICLE/EQUIPMENT

PURCHASE FOR PUBLIC WORKS
 Staff contacted multiple municipalities and located an electric reel mower being used in South Pasadena.
 Three electric Ford F-150 Lightning light-duty trucks One electric reel mower Four renewable diesel powered maintenance equipment 6  Staff recommends the City Council award vehicle purchase contracts for approximately $1.11 million, plus a contingency of $50,000 (held by the City),for the purchase and modification of:– Five electric police vehicles– Three lower emission police motorcycles– Three electric light-duty public works trucks– One piece of electric equipment– Four pieces of renewable diesel powered equipment 7 RECOMMENDATION

THANK YOU
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: 10/11/2022
Staff Report Number: 22-195-CC
Informational Item: City Council agenda topics: October 18 – November 1, 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 November 1, 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: City Council agenda topics: October 18 – November 1, 2022 Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM H-1 Page H-1.1
Through November 1, 2022
Tentative City Council Agenda
# Title Department Item type City Council action
1 Quarterly Personnel Activity Report ASD Informational No action 2 Approve funding for 335 Pierce Road (predevelopment CLT, loan authorization docs) CDD Regular Approve 3 Housing Element Update water supply assessment CDD Regular Adopt resolution4 Introduce ordinance for building code adoption CDD Regular Approve5 Advisory body appointments CMO Advisory body reports Decide6 Authorize the city manager to execute an agreement with MPCSD and MPAEF and approve a budget amendment CMO Regular Approve, Contract award or amend 7 BlocPower: prevailing wage CMO Informational Decide, Direction to staff8 Minutes CMO Consent Approve9 Provide direction regarding a zero emission landscape equipment ordinance (leaf blower ban) CMO Study Session Direction to staff 10 Receive and file 2021 priorities, work plan quarterly report as of September 30, 2022 and advisory body work plan update CMO Consent Receive and file 11 Recommended sustainable reach codes for new buildings for inclusion as part of the upcoming 2022 California Building Standards Code adoption process CMO Informational Info from staff12 Authorize the Mayor to sign the City’s response to the San Mateo County’s grand jury report: “Waiter! There’s a Car in My Soup!” CMO Consent Approve13 Authorize the City Manager to accept a California State Library Building Forward infrastructure grant to replace the deteriorating main library roof and update the fire alarm system LCS Consent Approve14 Commemorative park amenities policy LCS Regular Approve15 Adopt resolution approving Alcoholic Beverage Control (ABC) Grant PD Regular Approve16 Police department quarterly update – Q3 July 2022 - September 2022 PD Informational No action17 Adopt a resolution authorizing installationof no parking zonesonboth sides of Middle Avenue,installation of an all-way stop at Middle Avenue and San Mateo Drive, replacement of an all-way stop at Middle Avenue and University Drivewith a roundabout with yield control, and temporaryclosure of Blake Street at Middle Avenue PW Regular Adopt resolution
18 Approve an amendment agreement with AECOM to conduct the next phase of work for the Caltrain grade separation project PW Consent Contract award or amend 19 Authorize an agreement with consultant for local road safety plan PW Consent Approve20 Determination of Bids for Chrysler Pump Station PW Consent Direction to staff21 Proclamation: Ruby Bridges Walk to School Day PW Proclamation No action22 Provide direction on procedure for installing all way stop signs and adopt a resolution to install stop signs at three locations PW Regular Approve 23 Additional conceptual design options for Willow Oaks Park PW Regular Approve 24 October 20, 2022 @5 p.m. - Special Joint MPFPD Meeting Various 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
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: 10/11/2022
Staff Report Number: 22-190-CC
Informational Item: Drought update for Menlo Park Municipal Water Recommendation
This is an informational item and does not require City Council action.

Policy Issues
Menlo Park Municipal Water (MPMW) is a city-owned water service provider for a portion of the City of Menlo Park. The City Council acts as its governing body and is responsible for ensuring the financial stability of the water system by setting customer rates, approving capital plans and other operational expenditures. The City Council has the authority to declare a drought and specify one of six drought stages, as outlined in the adopted 2020 Water Shortage Contingency Plan ( Attachment A.) The adopted 2020 Water Shortage Contingency Plan has prescribed actions for each of the six drought stages, which have varying levels of response for changes to or shortages in water supplies. It provides flexibility to incorporate additional water measures based on several factors: State Water Board adopting future emergency water regulations, the San Francisco Public Utilities Commission (SFPUC) imposing drought-related actions as the water wholesaler, or other appropriate actions in order to meet MPMW’s water reduction goal.

Per Menlo Park Municipal Code, Chapter 7.35 (Water Conservation), the City may also enforce drought regulations adopted by the State Water Board, or drought-related actions imposed by SFPUC under an adopted Water Conservation Plan. This chapter allows the City to implement these requirements by adopting, by resolution, a Water Conservation Plan.

Background
MPMW supplies water to about half of the City’s residences and businesses through approximately 4,300 service connections. MPMW’s sole water supply is purchased from SFPUC for two distinct areas: the upper zone in the Sharon Heights area, and the lower zone located north and east of El Camino Real. MPMW is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), a special district that represents the interest of 26 cities, water districts, and private utilities that are long term purchasers of SFPUC wholesale water.

On November 23, 2021, SFPUC declared a water shortage emergency calling for a voluntary 10 percent system-wide water use reduction from fiscal year 2019-20 levels. In mid-December 2021, SFPUC issued proposed monthly water budgets to each wholesale customer, including MPMW, based on the 2018 Amended and Restated Water Supply Agreement Water Shortage Allocation Plan. In early January 2022, agencies received their final monthly water budgets.

On March 1, 2022, in response to the State Water Board’s January 2022 emergency regulations, the City AGENDA ITEM H-2 Page H-2.1
Staff Report #: 22-190-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Council adopted Resolution No. 6716 (Attachment B) to implement a drought stage 1 Water Conservation Plan (up to 10 percent water use reduction from fiscal year 2019-20 levels.) On March 28, 2022, Governor Newson signed Executive Order N-7-22 directing the State Water Board to consider adopting additional water conservation emergency regulations to prepare for and mitigate the effects of worsening drought conditions. This included banning “non-functional turf” irrigation for “commercial, industrial and institutional” water users and requiring all urban water suppliers that submitted a Water Shortage Contingency Plan to implement, at a minimum, the demand reduction actions listed in their Water Shortage Contingency Plan for drought stage 2 (up to 20 percent water use reduction from fiscal year 2019-20 levels.) The State Water Board defines “non-functional turf” as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events (does not include sports fields) and defines “commercial, industrial and institutional” as including homeowners’ associations, common interest developments, community service organizations, and other similar entities. It does not include the residences of these entities’ members or separate interests. On May 24, 2022, the State Water Board adopted the emergency water conservation regulation that required urban water suppliers be in compliance with the new regulations by June 10, 2022.

On May 24, 2022, in response to the State Water Board’s anticipated adoption of the emergency water conservation measure, the City Council adopted Resolution No. 6738 (Attachment C) to implement a drought stage 2 Water Conservation Plan. Stage 2 bans “non-functional turf” irrigation for “commercial, industrial and institutional” water users, and implements the stage 2 drought surcharge effective with July 2022 water use, which began appearing on water bills issued in August 2022. The resolution also includes fines, enforcement measures, and matches the disconnection and reconnection fees shown in the current master fee schedule for water bill nonpayment.

In late May 2022, with the statewide implementation of drought stage 2 activities, SFPUC increased voluntary water use reductions to 11 percent from fiscal year 2019-20 levels effective July 1, 2022. In late June 2022, SFPUC issued drought stage 2 proposed monthly water budgets to each wholesale customer, including MPMW, based on the 2018 Amended and Restated Water Supply Agreement Water Shortage Allocation Plan. In early July 2022, agencies received their final drought stage 2 monthly water budgets.

Attachment D contains the list of drought regulations currently in effect for MPMW customers. These regulations are in alignment with California Water Service, Bear Gulch District’s current drought regulations.

Analysis
Outreach activities
With the onset of stricter water regulations this year (transitioning from drought stage 1 in March 2022 to drought stage 2 in May 2022), staff implemented various outreach methods to provide information on available water conservation rebates, drought regulations in place, and ways to save water. Activities included social media posts, mailing a brochure, water bill message and bill inserts, and direct mail.

Attachment E contains a summary detailing these outreach activities.

Water use
Attachment F contains charts showing water use by month and customer type comparing 2022 water use to fiscal year 2019-20 (base years for both the State Water Board and SFPUC voluntary water use reductions.) To read the charts, for example, water use by month was 40 percent less in February 2022 compared to water use in February 2020. The charts show that every month customers used the same amount or less water except in March 2022 when water use was 6 percent higher, likely due to little precipitation that month and warmer temperatures, causing customers to irrigate their landscaping. For Page H-2.2
Staff Report #: 22-190-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org water use by customer type, between January and August 2022 all customer types decreased water use except for public/institutional customers, likely due to schools and City offices closing due to the pandemic in March 2020.

MPMW water purchases versus SFPUC monthly budgets
Since January 2022, SFPUC has provided monthly reports to each BAWSCA agency, including MPMW, comparing the previous month’s wholesale water purchase to each agency’s SFPUC’s monthly water budget. With the unexpected warmer weather and little rain between February and April, MPMW monthly wholesale purchases were higher than the SFPUC monthly budgets by upwards of 34 percent, however, with the increase in public outreach for a worsening drought, MPMW’s monthly wholesale water purchases were less than the SFPUC monthly budgets between May and August by as low as 16 percent. SFPUC plans to provide monthly budget reports at least through June 2023. Because SFPUC has declared voluntary reductions, they are not imposing excess use fees at this time. If SFPUC implements mandatory reductions in the future, they may impose excess use charges which would be passed through directly to MPMW water customers, and they will restart the 12-month reporting cycle.

Next steps
It is unknown at this time if or when the State Water Board or SFPUC could implement additional drought restrictions, or mandate water conservation. When more information is available, staff will return to City Council to take any necessary actions.

Impact on City Resources
Moving into stage 2 drought has warranted additional staff support for coordination and outreach. The approved fiscal year 2022-23 budget included adding one (1.0) full time equivalent (FTE) sustainability specialist position to the public works department. The position, once filled, 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 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. Hyperlink – 2020 Water Shortage Contingency Plan (WSCP):
beta.menlopark.org/files/sharedassets/public/public-works/documents/water/final-water-shortagecontingency-plan-june-2021_202107152257080444.pdf B. Resolution No. 6716 to adopt a drought stage 1 Water Conservation Plan C. Resolution No. 6738 to adopt a drought stage 2 Water Conservation Plan D. Current drought stage 2 regulations
E. Summary of outreach activities
Page H-2.3
Staff Report #: 22-190-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org F. Water use comparison charts
Report prepared by:

Pam Lowe, Senior Civil Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director - Engineering Page H-2.4
ATTACHMENT B Page H-2.5
Page H-2.6
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ATTACHMENT C Page H-2.9
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Page H-2.19
Drought Stage 1 Regulations, adopted March 1, 2022
Added drought stage 2 regulations, adopted May 24, 2022 (red text) Prohibitions:

1. Applying water to outdoor landscapes that cause more than incidental runoff (e.g., excessive application, negligence, intentional overflow).

2. Washing vehicles without an automatic shut-off nozzle.

3. Washing impervious areas unless it addresses an immediate health and safety need.

4. Using potable water for street cleaning or construction site preparation purposes unless no other method is available (e.g., mixing concrete) or as needed to protect the health and safety of the public.

5. Using/filling/topping off decorative fountains, lakes, or ponds with potable water unless pumps recirculate water.

6. Irrigating turf and ornamental landscapes within 48 hours of measurable rainfall (1/4” of rainfall) - does not apply to trees.

7. Irrigating turf on public medians.

8. Using potable water to irrigate non-functional turf at commercial, industrial and institutional sites, except to the extent necessary to ensure the health of trees and other perennial nonturf plantings or to the extent necessary to address an immediate health and safety need.

For purposes of this prohibition, “non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and does not include sports fields, and “commercial, industrial, and institutional” includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.

Additional measures:

9. Hotels and motels shall provide guests an option whether to launder towels and linens daily.

10. Restaurants and other food service operations shall serve water to customers only upon request.

11. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.

12. Recreational water features shall be covered when not in use.

13. Newly constructed homes and buildings must irrigate with drip or microspray only.

14. Irrigating outdoor ornamental landscapes or turf with potable water is limited to no more than two (2) days per week on the following schedule, except for hand watering. • Odd number street addresses shall irrigate only on Tuesday and Saturday • Even street addresses and properties without a street address shall irrigation only on Wednesday and Sunday
• Irrigation shall be prohibited during the hours of 8:00 a.m. to 6:00 p.m. • Exceptions to these restrictions may be granted upon review and approval of a drought response plan by the Public Works Director provided that such plan results in an equivalent or greater reduction in water use.

15. Hand watering shall be conducted with a hose fitted with an automatic shut-off nozzle or via some other device that ceases dispensing water immediately when not in use.

Drought surcharges for FY2022-23:

Stage 1 $0.63 per CCF (was not implemented)
Stage 2 $1.40 per CCF (started with July 2022 water use) ATTACHMENT D Page H-2.20
Summary of outreach activities
Activity Description
Activity guide
A drought update that outlined stage 2 restrictions was included in the Library and Community Services Fall Activity Guide that was mailed to 24,000 residents.

Annual Water Quality
Report
The water quality report, which staff mailed to all households within the MPMW service area in June 2022, included detailed information on water conservation, rebates available, and specific drought stage 2 regulations.

City website
Staff created a webpage providing detailed drought information and an FAQ, and placed a banner at the top of the home page to bring attention to the drought. The City’s billing contractor also added a link to the City’s drought webpage on their bill payment website.

Digest articles Staff published five articles on March 14, 2022, April 11, 2022, June 13, 2022, August 2, 2022 and September 19, 2022.

Direct mail - letters
Staff sent letters to specific customer categories including residential, businesses, irrigation, homeowner associations, schools, restaurants, and hotels.

Direct mail – trifold
brochure
Staff developed a trifold brochure specifically for drought stage 2 and mailed it to 4,262 customers.

Emails Staff sent direct emails to 4,262 customers.

Electronic message board
Staff utilized two portable electronic message boards that could be placed near high traffic areas. Each board flashed the messages “severe drought,” “help save water,” and
“menlopark.com/water.” In April 2022 one board was placed in Belle Haven near Willow Road/Ivy Drive and the other board was placed on Sand Hill Road near Sharon Heights Shopping Center.

In July 2022, the message boards were moved to the Ivy Drive median and near the Willow Road/Middlefield Road intersection.

Public events
Staff attended National Night Out (August 2), the Summer Concert Series (August 26), and Belle Haven Resource Fair (September 24), distributed information in both English and Spanish and answered questions.

Social media posts
Between January 1, 2022 and September 20, 2022, staff
published 59 social media posts which were visible in user timelines or feeds 20,247 times (approximately 280 average reach per post) and 498 engagements where users interacted with the content (likes, comments, shares, and saves).

Water bills Staff included messages directly on customer water bills and created bill inserts for mailed bills.

Water waste reports
Since January 2022, staff has received 34 water waster reports that are followed up by code enforcement, parks maintenance, or water maintenance personnel.

Yard signs
Staff placed signs in City parks and landscape medians that cannot be irrigated due to current restrictions (classified as “nonfunctional turf”).

ATTACHMENT E Page H-2.21
0%
-40%
6%
-8%
-16%
-22%
-9%
-25%
-50%
-40%
-30%
-20%
-10%
0%
10%
Jan Feb Mar Apr May Jun Jul Aug
Total Water Use, by Month
2022 versus fiscal year 2019-20
-14%
-1%
16%
-40%
-50%
-40%
-30%
-20%
-10%
0%
10%
20%
Residential Commercial/Industrial Public/Institutional Irrigation Water Use, January - August, by Customer Type
2022 versus fiscal year 2019-20
ATTACHMENT F Page H-2.22
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: 10/11/2022
Staff Report Number: 22-192-CC
Informational Item: Menlo Park local hazard mitigation plan annex to the San Mateo County multijurisdictional local
hazard mitigation plan update
Recommendation
The purpose of this informational item is to provide an update to the public and to the City Council on the work being done in the Menlo Park local hazard mitigation plan (LHMP) annex (Attachment A) to the San Mateo County multijurisdictional LHMP. No City Council action is required.

Policy Issues
According to Menlo Park Municipal Code Section 2.44.050(5), the City’s director of emergency services (e.g., city manager) is empowered to request, contract for, receive, and implement state and federal aid for all types relating to disaster preparedness and relief.

Background
To comply with the federal mandates in the Disaster Mitigation Act of 2000 (Public Law 106-390) and Menlo Park Municipal Code Section 2.44.050(5), the LHMP is updated every five years. On November 16, 2021, the City Council adopted Resolution No. 6686 (Attachment B) to approve the 2021 San Mateo County multijurisdictional LHMP. The plan is a living document, as awareness of additional hazards develop and new strategies and projects are conceived to offset or prevent loss due to natural hazards, it may be evaluated and revised on an annual basis during the five-year plan timeframe. It is not an emergency response or management plan, but it does identify weaknesses and refocuses emergency response planning. The purpose of it is to make better decision-making to eliminate or reduce current and future risks.

At the time of adoption, the City Council requested annual updates on progress to implement the LHMP actions.

The Menlo Park LHMP annex focuses on actions to mitigate flood, earthquake and sea level rise/climate change, which are categorized as “high” risk hazards within the city boundaries. It lists 34 mitigation actions 13 short-term (one to five years), three medium-term (five to 10 years), three long-term (10 years or greater), and 15 ongoing (continual.)
On June 28, 2022, the City Council approved three full-time positions to assist with implementing the LHMP:
• A climate resiliency position to support climate adaption and resiliency project and plans to increase resiliency to negative impacts of climate change;
• An emergency preparedness coordinator to establish a dedicated and expert resource to coordinate with all available partner resources; and
• An associate engineer to coordinate work on SAFER Bay, sea level rise adaption plan implementation.

AGENDA ITEM H-3 Page H-3.1
Staff Report #: 22-192-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Analysis
Section 12.8 of the Menlo Park LHMP annex outlines over 30 action items. Table 1 in Attachment C provides a status of each action. Staff was introduced to Baseline Assessment Tool (BaTool) to manage and track each jurisdiction’s mitigation actions. The following section provides the City Council the status of highlighted actions.
• Action MPK-1: Where appropriate, support retro-fitting in high hazard areas and prioritize those structures that have experienced repetitive losses. This may include, but not limited to, an inventory of city structures known to be at seismic risk.
• The City is conducting a facility condition assessment (FCA.) The scope of work is to assess the conditions of each city-owned building and its components. It also includes analyzing seismic risk, identifying facility projects to be included in the Capital Improvement Program, and scoping out improvements to meet the goals of the City’s Climate Action Plan. The assessment will be complete later this year.
• Action MPK-2: Integrate the hazard mitigation plan and CalEnvrioScreen into other plans, ordinances, and programs that dictate land use decisions within the community, including the General Plan Safety Element and Environmental Justice Element.
• The City is in the process of updating the General Plan Safety Element (part of the combined Open Space/Conservation, Noise and Safety Elements document, adopted May 2013) and preparing a new Environmental Justice Element. City staff and the M-Group, lead consultant for the project (Attachment D), have been drafting the updated and new Elements, conducting community outreach to gather feedback, and preparing the required environmental review. Highlighted actions include:
• On August 26, 2021, the City held a community meeting to share information about housing equity, environmental justice, and safety issues in Menlo Park and provide an opportunity to receive input from the public. The information provided and feedback received helped form policies for the Housing, Environmental Justice and Safety Elements. The community meeting was conducted with simulcast Spanish interpretation that was paired with a shareable Spanish presentation.
• On March 22, 2022, the City Council conducted a meeting and approved an amendment to the professional services agreement with the M-Group for the Housing Element Update project, including the addition of Climate Resilient Communities and ChangeLab Solutions to the project team for expanded community outreach for the Safety and Environmental Justice Elements. • On April 5, 2022, the City held an in-person and virtual community meeting, facilitated by Climate Resilient Communities and ChangeLab Solutions, to provide a summary of initial findings, including the presentation of Neighborhood Profiles that highlight local pollution burdens and population characteristics. An overview of the LHMP, which assesses hazard vulnerabilities and ways to reduce potential risks, was also presented. Input from the community was received through public comment and live polling. The community meeting was conducted with simulcast Spanish interpretation that was paired with a shareable Spanish presentation. • Between May and July 2022, Climate Resilient Communities conducted three focus groups to support community outreach and engagement for the updated/new Elements. The focus groups helped develop community-identified priorities and key issues. In addition, an online and paper survey was completed to encourage Menlo Park residents, particularly Belle Haven residents (78 Page H-3.2
Staff Report #: 22-192-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org percent of respondents), to describe the environmental justice and safety issues they experienced firsthand in their communities, with the aim of informing community-centric preparation of goals, policies and programs for the Elements.

City staff anticipates release of the draft Safety Element and draft Environmental Justice Element by the end of the year, complemented by more opportunities for community outreach and feedback. • Action MPK-5: Continue to participate in Tree City USA, CRS, BCEGS, and maintain good standing and compliance under the National Flood Insurance Program (NFIP) • In 2021, the City celebrated its 23rd year of being a Tree City USA by planting three valley oaks (Quercus lobata) and one western redbud (Cercis occidentalis.) The City was also recognized for seven years of demonstrating a higher level of tree care and community engagement as a member of the Arbor Day Foundation’s “Growth” group.
• In 2020, the City of Menlo Park received Building Code Effectiveness Grading Schedule (BCEGS) Class 3 for single- and two-family dwellings and Class 3 for all other construction (Class 1 being the highest score and Class 10 being the lowest.) This is a significant achievement that reflects the City's ongoing dedication for community development that is safe and supportive of Menlo Park's outstanding quality of life. The next evaluation will be in 2025. • Menlo Park’s current community rating system (CRS) is eight, which means property owners in flood zones A/AE and X are subject to a 10 percent discount and five percent discount, respectively, on flood insurance premiums. The City received its annual progress report July 14, 2022. • Action MPK-6: Develop a Disaster Debris Management Plan • The County of San Mateo (County) – Local Jurisdictions Annex (Annex) provides a comprehensive framework for management of debris for the cities and towns in the County following a disaster. It addresses the roles and responsibilities of municipal, county, state and federal government organizations as well as private firms and non-governmental organizations that might have a role in debris operations. The Annex will continue to evolve, responding to lessons learned from actual disaster and emergency experiences, ongoing planning efforts, training and exercise activities, state and federal guidance.

The purpose of this plan is to provide a framework for how disaster debris operations will be managed by cities and towns in the County. The intent of this plan is to:
• Establish coordinated debris management operations, including debris removal, reduction, recycling, haul-out, final disposal and documentation;
• Provide a debris management organization for each of the jurisdictions; • Identify the roles and responsibilities of departments and agencies with a role in response; and • Describe the resource management strategy for debris operations.

The plan was completed in December 2021. The County hosted debris management training in June 2022 in which city staff also participated.
• Action MPK-9 and MPK-14: Continue to coordinate with the San Francisquito Creek Joint Powers Authority on San Francisquito Creek and SAFER Bay flood control projects; and Continue to participate with the San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline) on flood control Page H-3.3
Staff Report #: 22-192-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org projects.
• Coordination with both San Francisquito Creek Joint Powers Authority and OneShoreline has continued on a regular basis throughout the past year.
• San Francisquito Creek JPA released the notice of preparation, to begin the environmental review process, for SAFER Bay in May 2022 and compiled public comments through June 25, 2022. Community engagement began, including development of a citizen’s advisory group. • Annual San Francisquito Creek cleanup efforts were held in September to remove debris from the creek prior to the winter season.
• Detailed design work has continued on the Reach 2 segment of the San Francisquito Creek flood control project, including the Pope-Chaucer bridge replacement. • Ongoing engagement with OneShoreline has included coordination on construction (now complete) of the Bayfront Canal and Atherton Channel Flood Protection and Ecosystem Restoration Project, and the City’s Bedwell Bayfront Park entrance project, which includes beautification and pedestrian and bicycle access improvements to the park entrance at Marsh Road. Additionally, ongoing coordination is occurring to secure additional funding for sea level rise protection of Bedwell Bayfront Park, the closed landfill at the site and West Bay Sanitary Districts’ facilities located at the northern edge of Bedwell Bayfront Park.
• Action MPK-10: Continue to coordinate with the California Coastal Conservancy and the U.S. Fish & Wildlife Service on the South Bay Salt Pond Restoration Project. • Construction activities for the water control structures, grading, levees, and preparation for habitat restoration is nearly complete, and are expected to be finished by mid-to-late November. A celebratory event to breach one of the ponds with tidal flows from the bay is tentatively planned for early December. Recreation facilities including the public access trail and viewing area construction are expected to be complete by mid-2023.
• Action MPK-11: Upgrade the Chrysler Pump Station
• This project involves the design and construction of a new Chrysler Stormwater Pump Station. The existing facility was originally built in 1958 and has reached the end of its useful life. The improved facility will provide flood protection to sections of the Bayfront area, which include the Menlo Gateway buildings and a part of the Meta (formerly Facebook) Campus site. The City has been awarded a grant from the Federal Emergency Management Agency (FEMA,) which would reimburse the City for $5 million toward the general capital fund.

As of October 11, the public project bidding has been completed. Staff plans to return to City Council in November for the next action. Construction is anticipated to begin in 2023. • Action MPK-24: Upgrade infrastructure in the Menlo Park Municipal Water service area to meet fire flow demands.
• In 2018, the City adopted the Water System Master Plan and it identifies six locations within the Menlo Park Municipal Water service area from a hydraulic analysis that needs improvements to address fire flow deficiencies. These improvements are marked as high priorities to improve system resiliency, provide more system operational reliability and flexibility, and address aging equipment.

The importance of fire flow is the ability to provide the fire department with sufficient water supply during an emergency. Two of the six locations have been completed; whereas, the remaining four Page H-3.4
Staff Report #: 22-192-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org locations have not started yet.
• Action MPK-25: Build water interconnections to provide alternative emergency water supply sources. • The City has worked on two water interconnection projects in partnership with California Water (CalWater) Services as part of the Water System Master Plan Capital Improvements. • The first project was to establish a portable water interconnection (hydrants-to-hydrants) with CalWater on Sand Hill Road at the access driveway to the city’s reservoirs to increase fire protection for local residents. As a result, both water service providers would be able to access each others extra water supply in an event of a fire. This project was completed in summer 2022. • The second project installs a metered interconnect between the Menlo Park Municipal Water system and Cal Water system at Alma Street The project will also replace the water main back to the San Francisco Public Utilities Commission connection near 500 El Camino Real as part of the Middle Avenue Caltrain pedestrian/bicycle crossing. Project assumes an estimated 2,000 linear foot of 12-inch pipeline, with a portion within a new pedestrian tunnel, and meter within a vault. This interconnection will improve emergency supply reliability. This project is still in design. • The City will install a metered interconnect between the Menlo Park Municipal Water system and City of Palo Alto Water system at the Pope-Chaucer bridge, which is set to be reconstructed as part of the San Francisquito Creek flood improvements project. The project is still in design. • Action MPK-33: Complete construction for the Bayfront Canal and Atherton Channel Flood Protection and Ecosystem Restoration Project.
• The project involved the design of an underground structure to route stormflows from the Bayfront Canal and Atherton Channel to the Ravenswood Complex Ponds S5 and R5, which were parts of the South Bay Salt Pond Restoration Project. The ponds are used for stormwater detention and would mitigate flooding in the cities of Menlo Park and Redwood City and San Mateo County. The project was developed through a collaborative effort between the City, Redwood City, San Mateo County and the Town of Atherton. This project was substantially completed in spring 2022.

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 will not result in any direct or indirect physical change in the environment. However, as future mitigation action projects are developed, they will be individually reviewed by staff to determine if they are deemed a “project” under CEQA.

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

Page H-3.5
Staff Report #: 22-192-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Attachments
A. Hyperlink – City of Menlo Park LHMP:
beta.menlopark.org/files/sharedassets/public/police/documents/emergency-preparedness/menlo-parkannex-excerpt-from-2021-multijurisdicational-local-hazard-mitigation-plan.pdf B. Resolution No. 6686
C. Table summarizing local hazard mitigation action plan progress D. Hyperlink – Housing Element Update webpage: beta.menlopark.org/housingelement Report prepared by:

Joanna Chen, Management Analyst II
Report reviewed by:

Brian Henry, Assistant Public Works Director
Page H-3.6
ATTACHMENT B Page H-3.7
Page H-3.8
Table 1: Local hazard mitigation action plan progress
Action
item
Project description Implementation
priority
Adopted 2021
Council
priority
Status
MPK-1
Where appropriate, support retro-fitting in high hazard areas and prioritize those structures that have experienced repetitive losses. This may include, but not limited to, an inventory of city structures known to be at seismic risk.

Medium Ongoing
MPK-2
Integrate the hazard mitigation plan and CalEnvrioScreen into other plans, ordinances, and programs that dictate land use decisions within the community, including the General Plan Safety Element and Environmental Justice Element.

High

04. 2022
housing
element
Ongoing
MPK-3 Integrate the hazard mitigation plan into other plans and programs that support infrastructure investments, such as the capital improvement program High Ongoing MPK-4 Support the County-wide initiatives and actively participate in the plan maintenance protocols outlined in Volume I of the hazard mitigation plan. High Ongoing MPK-5 Continue to participate in Tree City USA, CRS, BCEGS, and maintain good standing and compliance under the National Flood Insurance Program (NFIP). High Ongoing MPK-6 Develop a pre- and post-disaster recovery plan, post-earthquake operation plan, and debris management plan to follow FEMA guidelines. Medium Ongoing MPK-7
Develop mitigation controls (continuity of government plans) and ensure force protection measures are in place in relation to vulnerable critical facilities within the city (e.g., police stations, fire stations, emergency operation center, City Hall, emergency shelters, etc.)
Medium Ongoing
MPK-8 Implement maintenance and storm preparedness plans. High Ongoing MPK-9 Continue to coordinate with the San Francisquito Creek Joint Powers Authority on San Francisquito Creek and SAFER Bay flood control projects. High 17. CAP #6a -SAFER Bay Ongoing MPK-10
Continue to coordinate with the California Coastal Conservancy and the U.S.

Fish & Wildlife Service on the South Bay Salt Pond Restoration Project.

High

16. CAP #6 -
Develop a
climate
adaptation
plan
Ongoing
MPK-11 Upgrade the Chrysler Pump Station to improve flood protection in the Bayfront Area. High Ongoing
MPK-12 Produce hazards maps that take into account the impacts of flooding due to climate change. High Complete
MPK-13 Prepare a climate adaption and resiliency plan. Medium 16. CAP #6 Not yet started Page H-3.9 ATTACHMENT C
Table 1: Local hazard mitigation action plan progress
Action
item
Project description Implementation
priority
Adopted 2021
Council
priority
Status
MPK-14 Continue to participate with the San Mateo County Flood and Sea Level Rise Resiliency District on flood control projects High 16. CAP #6 Ongoing MPK-15 Develop a program for maintaining and replacing the emergency generators at critical facilities. Low

15. CAP #5 -
Eliminate fossil
fuels from
municipal
operations
Ongoing
MPK-16 Provide incentives for eligible non-profits and private entities, including homeowners, to adapt to risks through structural and nonstructural retrofitting. Low Not yet started MPK-17 Update the City’s stormwater master plan to identify areas vulnerable to localized flooding and identify capital projects to mitigate those areas. High Ongoing MPK-18 Develop a shoreline management plan to protect coastline from soil erosion and enhance the coastline with trails, parks, and wildlife refuge. Medium Not yet started MPK-19 Review and update the City’s 2014 Emergency Operation Plan. Medium Not yet started MPK-20 Provide training opportunities for City staff to be certified floodplain managers. Medium Ongoing MPK-21 Provide education to community members and City staff about the City’s 2030 Climate Action Plan goals and present strategies to achieve those goals. Medium Ongoing MPK-22 Develop an emergency water storage and supply project. High Ongoing MPK-23 Replace the roof on Reservoir 2. High Ongoing
MPK-24 Plan, design, and implement the water infrastructure improvements recommended in the Water System Master Plan. High Ongoing MPK-25 Begin water interconnection projects would provide alternative emergency water supply sources. High 3 completed/in progress
MPK-26
Incorporate consideration of the FEMA 100-year tide and sea level rise data and climate change-driven extreme storms into land use planning and shoreline development.

High 16. CAP #6 Ongoing
MPK-27 Continue to identify and plan upgrades of utility systems, equipment, and critical facilities. High 16. CAP #6 Ongoing
MPK-28
Support green infrastructure projects that enhance resiliency to natural disasters and incorporate green design elements into hazard mitigation projects where feasible.

High 16. CAP #6 Ongoing
Page H-3.10
Table 1: Local hazard mitigation action plan progress
Action
item
Project description Implementation
priority
Adopted 2021
Council
priority
Status
MPK-29 Identify and pursue strategies to enhance recycled water infrastructure planning/implementation in the vicinity of FSLRRD projects. High 16. CAP #6 Ongoing MPK-30 Improve community response to flood emergencies in various ways. High 16. CAP #6 Ongoing MPK-31 Develop Emergency Action Plans for Bayfront Canal and Atherton Channel. High 16. CAP #6 In progress MPK-32
Advance long-term resilience to sea level rise and extreme storms for the communities and critical assets along the San Francisco Bay shoreline south of Whipple Avenue to Marsh Road.

Medium 16. CAP #6 Ongoing
MPK-33
Complete construction and oversee ongoing operation, maintenance, and mitigation efforts for the Bayfront Canal and Atherton Channel Flood Protection and Ecosystem Restoration Project.

High 16. CAP #6 Complete
MPK-34
Advance long-term resilience to sea level rise and extreme storms for the communities and critical assets adjacent to the San Francisquito Creek and nearby areas of the shoreline with the Cities of Menlo Park and East Palo Alto High 16. CAP #6 Ongoing
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