The contractor shall ensure that vehicles and equipment will not leak fuel or other liquids when operating on the Core. Leaking vehicles and equipment shall be promptly removed from the Core area and repaired before use is resumed on the Core.
Temporary Construction Loading at Core
The following measures shall be implemented within the Core during scaffold erection to reduce potential impacts on subsurface cultural materials:
• Scaffolds placed on the Core shall be installed no earlier than three months after the engineered fill placement related to sea-level rise.
• Scaffolds shall use 16-foot square bases on top of the engineered fill cap. Minor leveling of the fill cap shall be allowed at each scaffold installation, but excavation or other penetrations into the fill surface shall not be permitted except for equipment or the temporary auxiliary structures needed to install the atrium frame and associated glass. There shall be no soil disturbance in the Core below the top layer of geogrid. • Scaffolds shall be removed promptly after installation and inspection of the framework and glass within the atrium to remove pressure from the engineered fill over the Core.
Post-Construction Preservation in Place at the Core
• Post-construction, there shall be no soil disturbance in the Core below the top layer of geogrid.
Any surface structural elements, irrigation, utilities, and infrastructure shall be located only upon/within the engineered fill and shall not penetrate the top layer of geogrid. • Comply with Mitigation Measure TCR-1.3, Post-Construction Preservation in Place.
Measures for the Perimeter
The Project Sponsor shall avoid or mitigate ground-disturbing excavation in the Perimeter Area as follows:
• The Project Sponsor shall install a culturally sterile engineered cap of four to seven feet to cover the cultural deposits within the Perimeter.
• Excavation through the cap shall follow the procedures in Mitigation Measure TCR-1.2.
Page G-2.613
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-33 October 2022
• Tribal monitoring shall be required during all ground disturbing site work in the Perimeter; provided that, once culturally affected soil has been removed, stockpiled, and treated in accordance with the ATMTPP, no additional tribal monitoring of ground disturbance is required in the area where such soil was removed.
Measures for the High Sensitivity Area
The Project Sponsor shall avoid or mitigate ground-disturbing excavation in the High Sensitivity Area as follows:
• For portions of the High Sensitivity Area located within the Core, the Project Sponsor shall comply with the mitigation measures for the Core identified above, including but not limited to the tribal monitoring provisions.
• For portions of the High Sensitivity Area located within the Perimeter, the Project Sponsor shall comply with the mitigation measures for the Perimeter identified above, including but not limited to the tribal monitoring provisions.
Measures for Existing Known Reburials
• Existing known reburials shall be preserved in place. • Existing known reburials will be protected by a layer of geogrid prior to the placement of engineered fill.
• Tribal monitoring in the vicinity of existing known reburials shall be required in accordance with the ATMTPP.
MM TCR-1.2: Archaeological and Tribal Cultural Resource Monitoring and Treatment Protocol and Plan The Project Sponsor and archaeological consultant, in consultation with Consulting Tribes, shall develop an Archaeological and Tribal Cultural Resource Monitoring and Treatment Protocol and Plan (“ATMTPP”) to guide archaeological and tribal cultural resource monitoring of ground-disturbing site work and provide for appropriate treatment of any archeological materials and tribal cultural resources exposed during construction, as described below. The ATMTPP will apply to the entire Project Site and all off-site Project improvements. In addition, specific protocols that pertain to the Core, Perimeter, and High Sensitivity Area will be distinguished from general unanticipated discovery response procedures that apply in other areas. Tribal monitoring refers to the controlled observation and regulation of construction operations on or in the vicinity of a known or potentially significant tribal cultural resource to avoid, preserve in place, or mitigate impacts on the resource. The ATMTPP shall be developed in consultation with the Consulting Tribes and submitted to the City for review and approval prior to issuance of the first grading permit and any physical ground disturbing site work being allowed on the Project Site or for off-site Project improvements. The ATMTPP shall include, at a minimum:
Background information and context data on the Project Site, archeological resources, and tribal cultural resources.
Tribal monitoring requirements, including worker awareness training as specified below; a discussion of specific locations and the intensity of the monitoring effort for areas with potential for the discovery of archeological and tribal cultural materials; and anticipated Page G-2.614
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-34 October 2022
personnel, including retention of California Native American tribal representative(s) from Consulting Tribes.
A requirement that tribal monitors from each Consulting Tribe be afforded the opportunity to be present at each location of ground disturbing site work that requires tribal monitoring pursuant to the Project mitigation measures and the ATMTPP, for the duration of such work, unless a Consulting Tribe agrees in writing that tribal monitoring is not needed by that tribe in that instance, or unless a Consulting Tribe fails to provide a monitor at the scheduled time, provided that adequate notice of the schedule was provided and documented.
Specific parameters for tribal monitoring, including the number of monitors from each Consulting Tribe based on number of simultaneous excavation locations, activities subject to monitoring (consisting of all excavations associated with soil remediation, removal of below grade utilities, and initial mass grading at the main Project Site and all ground disturbing activities within the Core), and activities not subject to monitoring (including all grading outside the Core subsequent to initial mass grading in areas that have been monitored by the Consulting Tribes and found to no longer contain tribal cultural resources, all foundation and building demolition, and all above ground or vertical build construction).
Identification of a tribal monitoring coordinator, whose responsibility is to ensure that communication between the construction team and monitors is clear, that schedules for monitoring are conveyed, and that monitoring tribes have a single point of contact, prior to the commencement of ground disturbing activities.
Protocols for discoveries during construction, consistent with modified ConnectMenlo EIR Mitigation Measure CULT-2a (see Section 3.8, Cultural Resources), including a requirement that any DPR forms required pursuant to ConnectMenlo EIR Mitigation Measure CULT-2a to be submitted to the Northwest Information Center to document a find of TCR, cultural resources, historical resources, or archaeological resources shall be completed and submitted no later than 120 days after completion of the Project. Prehistoric era research design, including sampling level, study method documentation, and provisions, such as staffing and scheduling, for bringing the proposed research to fruition.
Detailed procedures regarding how to address significant discoveries made during construction, including a discussion of field and artifact analysis methods to be used. Treatment of Native American human remains consistent with state law and recommendations of the NAHC-appointed Most Likely Descendant (“MLD”) and Modified ConnectMenlo EIR Mitigation Measure CULT-4.
Laboratory methods, including artifact cataloging and special analyses. Thresholds for decision making if there is a conflict among tribal or archeological monitors regarding the identification or treatment of TCRs. Specifically, if there is a conflict between the archeological monitor and the tribal monitors, deference shall be given to the preferences of the tribal monitors, subject to applicable law in the event of the discovery of Native American human remains, provided that those preferences do not require Project redesign or result in unreasonable construction delay. If there is a conflict among the tribal Page G-2.615
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-35 October 2022
monitors, the soil containing the potential TCR will be evaluated in accordance with applicable law and, if appropriate, shall be stockpiled in accordance with the soil protocol in the ATMTPP while the disagreement is being resolved. Provisions for reporting (e.g., Tribal Monitoring Closure Report) and artifact treatment in consultation with the Consulting Tribes in the event of significant finds. Pre-designated confidential reburial area(s) that will serve to reinter any Native American human remains encountered during construction (excluding existing, known reburial sites, which shall be preserved in place pursuant to Mitigation Measure TCR-1.1) with appropriate level of privacy for visitation by the Consulting Tribes, in an area not open to the public.
Treatment protocols that detail the appropriate procedures, methods, and reports to be completed if significant archaeological or tribal cultural materials, including Native American burials, are encountered. The archeological significance of a resource shall not be determinative of whether the resource is a TCR, the level of impact to a TCR, or the significance of a TCR.
Soil treatment protocols that preserve cultural soil onsite where feasible, including:
o Subject to the requirements of DTSC or other agencies with jurisdiction and the reasonable preferences of the MLD in accordance with applicable law, prohibiting the removal of cultural soil from the main Project site. The determination of which soils are cultural soils shall be made by the tribal monitors.
o Requiring only clean, engineered fill to be used on the main Project site. Under no circumstances should soil from another culturally significant area be used on this Project site.
o The tribal monitors shall have the right to request that any cultural soils excavated from native soil on the main Project site be relocated to an area on the main Project site located away from the construction zone, where the tribal monitors shall be given the opportunity during active construction work hours to sift the cultural soil to identify and remove any tribal cultural items and Native American human remains, which tribal cultural items and Native American human remains shall be treated in accordance with the ATMTPP. Any tribal cultural resources obtained from sifting shall be reburied in the reburial area, subject to the reasonable preferences of the MLD in accordance with Public Resources Code Section 5097.98 and other applicable law. Any tribal monitors performing this work (1) must have the requisite training or experience to do so, including training or experience with regard to work in environmentally impacted soil (which shall include at a minimum HAZWOPR certification), and (2) shall be paid at the rate specified for this work in the applicable Tribal Monitoring Agreement. Following sifting and removal of TCRs, the soil can be reused at the same or a different location within the main Project Site.
Specifications for archeological and tribal cultural resources sensitivity training for construction workers and superintendents that meet the following standards:
o Occurs prior to the start of any ground-disturbing activity or site work on the Project Site or for off-site improvements.
Page G-2.616
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-36 October 2022
o Training shall be required for all construction personnel participating in grounddisturbing construction to alert them to the archaeological and tribal cultural sensitivity of the area and provide protocols to follow in the event of a discovery of archaeological materials or tribal cultural resources. Training shall be provided en masse to such personnel at the start of construction of the Project, and training shall be repeated when new personnel participating in ground-disturbing site work start work. o Includes, for job site posting, a document (“ALERT SHEET”) that summarizes the potential finds that could be exposed, the protocols to be followed, and the points of contact to alert in the event of a discovery that is presented as part of the training. o Requires the contractor to ensure that all workers requiring training are in attendance. o Requires training for all contractors and sub-contractors that is documented for each permit and/or phase of a permit that requires ground-disturbing activities onsite. o For work in the Core and the existing known reburial area, additional worker training shall also be required for workers who will work on the surface or who will drive directly over the Core or work in the existing known reburial area. Work plan for the use of ground penetrating radar (GPR) and forensic canine detection (FCD) that meets the following standards:
o Upon conclusion of building demolition and the removal of surface improvements within the Perimeter, the Project Sponsor shall retain a qualified team of FCD survey providers and a GPR operator to perform a survey of the Perimeter before grading, trenching, or other earthwork commences.
A minimum of seven calendar days prior to the FCD or GPR survey, the Project Sponsor or their designee shall notify the Consulting Tribes of the schedule to afford sufficient time to be present during the survey. Should the Consulting Tribe(s) choose not to attend, the FCD or GPR survey may continue as scheduled. Where the FCD or GPR survey will occur within 100 feet of known burials or reburials (which know reburials shall remain in place in accordance with Mitigation Measure TCR-1.1), use of the FCD or GPR and presence of tribal monitors shall be dictated by the MLD for those prior discoveries. o The results of the FCD and GPR surveys shall be provided to the Consulting Tribes within fourteen calendar days after completion of the survey reports. Measures to protect TCRs identified as a result of the surveys shall be implemented in accordance with the Project mitigation measures and ATMTPP.
o In the event of the discovery of Native American human remains other than known reburials, the procedures in Modified ConnectMenlo Mitigation Measure CULT-4 will apply.
Procedures for the event of an inadvertent discovery during construction, which require the archaeological and tribal monitors to review, identify, and evaluate TCRs to determine if a discovery is a historical resource and/or unique archaeological resource, or a TCR, under CEQA. These procedures shall include, at a minimum:
o Criteria for identifying cultural soils.
o Impose a stop work radius of 100 feet around the discovery; work can continue outside of the stop-work radius while the discovery is being addressed. If the archaeological and Page G-2.617
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-37 October 2022
tribal monitors agree that the find does not constitute a TCR, work can resume immediately, and no notifications are required.
o Notify the City, Consulting Tribes, and Project Sponsor within 24 hours of the discovery. o Complete a discovery form to document the location, nature, and condition of the discovery.
o Consult on the discovery to determine appropriate treatment, which may include any combination of avoidance, preservation in place, rapid recovery and reburial, and/or documentation. In no circumstance other than the express written recommendation of the MLD shall Native American human remains be removed from the Project site.
Curation and data recovery shall not be allowed, unless curation or data recovery is (i) in compliance with the recommendation of the MLD for Native American human remains in accordance with Public Resources Code Section 5097.98 and other applicable law or, (ii) agreed upon by the tribal monitors per the protocols in the ATMTPP for TCRs that are not Native American human remains.
MM TCR 1.3: Post-Construction Preservation in Place of Tribal Cultural Resources Prior to the issuance of the first certificate of occupancy for any occupied building within the Campus District, the Project Sponsor shall record deed restrictions over the Core, confidential locations of existing known reburials, and the pre-designated reburial area (“Project Reburial Area”) to restrict development or other activities identified in the deed restrictions that would disturb TCRs or Native American human remains in the future. The area included in the deed restrictions shall be described by a licensed surveyor prior to recording. Because archaeological and tribal cultural resource site locations are restricted from public distribution, the deed restrictions shall cite an “environmentally sensitive area.” A copy of the recorded deed restrictions that include the Core and any pre-designated reburial site shall be provided to the City for retention in a confidential project file. A copy of the deed restrictions shall be provided to the Northwest Information Center of the California Historical Resources Information System.
The restriction on the deed for the Core and Project Reburial Area shall prohibit the following activities directly on the Core or Project Reburial Area (excluding activities in cantilevered or spanned structural elements) after completion of construction of the Proposed Project, subject to applicable building code and life safety access requirements and necessary facilities maintenance, service, and repairs:
Active recreational activities and structures, including, but not limited to, sports, field games, running, biking, and play equipment.
Domesticated animals other than security/service animals. Vehicles.
Surface penetrations below the upper geogrid.
Altering the surface or general topography of the Core or Project Reburial Area except for maintenance of the engineered soil cap, landscaping, facilities, circulation, and utilities included within the cap.
In the unlikely event that any activity needs to occur below the area of the upper geogrid in the event of an emergency, the Consulting Tribes will be immediately notified and given Page G-2.618
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-38 October 2022
a reasonable opportunity (consistent with the nature of the emergency) to have a tribal monitor present.
MM TCR 1.4: Project Reburial Area Access
Within 30 days after the recording of the deed restrictions over the dedicated reburial area(s), the Project Proponent shall extend a written offer to the Consulting Tribes to execute a tribal access agreement to allow for permitted access to the Project Reburial Area for the purposes of tribal visitation, subject to the parameters below. The Project Proponent shall provide a copy of the offer letter and if accepted by the Consulting Tribe(s), the executed agreement(s), to the City for retention in a confidential Project file. This mitigation measures shall be considered satisfied upon delivery of the offer letter to the Consulting Tribes, even if the Consulting Tribe(s) declined to enter into the agreement. The owners’ association shall manage the Project Reburial Area in accordance with the terms and conditions of the deed restrictions, access agreements, Project mitigation measures, and Project conditions of approval, subject to applicable building code and life safety access requirements and necessary facilities maintenance, service, and repairs.
Access to the reburial area established for the Project will be controlled. The following conditions apply:
Access to the Project Reburial Area will be available following completion of construction of the Proposed Project, including the Project Reburial Area, subject to notification and access requirements to be specified in an access agreement. Visitation shall comply with all rules applicable to publicly accessible open space within the Proposed Project except as otherwise specified in an access agreement. Visitation shall not obstruct or otherwise interfere with the passage of vehicles or the operation of the facility.
Parking shall be limited to public parking spaces.
Visitation shall not include activities or uses that conflict with the deed restriction or reasonable preferences of the Most Likely Descendent; provided that the Project Proponent shall work in good faith to ensure that all Consulting Tribes are provided access to the Project Reburial Area in accordance with the terms of the access agreement. Visitation shall not present a risk to human life or safety. Visitation shall not include abandonment of materials or objects other than ceremonial, religious, or funerary offerings specified in an access agreement. Visitation shall be subject to restriction as necessary to respond to any security threat, pandemic or similar health risk, or emergency condition. Visitation shall not be unreasonably restricted.
Impact TCR-2. Human Remains. The Proposed Project could disturb human remains, including those interred outside of dedicated cemeteries. (LTS/M) Native American human remains could be exposed and disturbed during ground-disturbing activities at the Project Site. A tribal cultural resource was identified within the main Project Site. This resource has the potential to contain human remains interred outside of dedicated cemeteries. Excavation activities associated with the Proposed Project would not affect any known reburial locations; however, previously Page G-2.619
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-39 October 2022
undocumented Native American burials could be affected by ground-disturbing construction due to their location within areas proposed for subsurface improvements. This impact would be potentially significant.
The Proposed Project would implement ConnectMenlo EIR Mitigation Measure CULT-4, as modified below, based on the Project’s cultural resources assessment report, if human remains are encountered at the Project Site during ground-disturbing activities. The Project Sponsor would also implement Mitigation Measures TCR 1.1 and 1.2 within the main Project Site, given the presence of CA-SMA-160/H. Mitigation Measures TCR 1.1 and 1.2 include measures to avoid or mitigate ground-disturbing excavation near CASMA-160/H, to the extent feasible, and preparation of a monitoring and treatment plan that details the appropriate procedure if remains are encountered. Mitigation Measure TCR-2.1 requires avoidance and preservation in place of existing known reburials. Therefore, the Proposed Project’s impact on human remains would be less than significant with mitigation.
Mitigation Measure CULT-4: (Modified ConnectMenlo EIR) Comply with State Regulations Regarding the Discovery of Human Remains at the Project Site.
Procedures of conduct following the discovery of human remains citywide have been mandated by Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and the California Code of Regulations Section 15064.5(e) (CEQA). According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The San Mateo County Coroner shall be notified immediately. The coroner shall then determine whether the remains are Native American. Ifthe coroner determines that the remains are Native American, the coroner shall notify the NAHC within 24 hours. The NAHC, in turn, will notify the person the NAHC identifies as the Most Likely Descendant (MLD) in connection with any human remains. Further actions shall be determined, in part, by the desires of the MLD. The Project Sponsor, the Project archaeologist, and the MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects, including those associated with known and unknown Native American burial locations (CEQA Guidelines Section 15064.5[d]). The agreement should address appropriate actions for when remains are discovered, including excavation, removal, recordation, analysis, custodianship, and final disposition of the remains and associated or unassociated funerary objects. The MLD will have 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery.
If the MLD does not make recommendations within 48 hours, or the owner does not accept the recommendation of the MLD in accordance with Public Resources Code 5097.98(e), the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC.
Mitigation Measure TCR-2-1: Avoid and Preserve in Place Known Reburials The locations of known previous reburials of Native American human remains shall be restricted from future ground disturbance, as required by Mitigation Measure TCR-1.3.
Cumulative Impacts
Impact C-TCR-1: Cumulative Impacts on Tribal Cultural Resources. Cumulative development would result in a less-than-significant cumulative impact on tribal cultural resources. The Page G-2.620
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-40 October 2022
Proposed Project would not be a cumulatively considerable contributor to any significant cumulative impact on cultural and tribal cultural resources. (LTS) Summary of Analysis in the ConnectMenlo EIR
As stated in Section 4.4, Cultural Resources, of the ConnectMenlo EIR, the geographic context for cumulative impacts associated with cultural and tribal cultural resources considers growth projected in the ConnectMenlo study area in combination with buildout of the city and the region.
Development of past, current, and future projects within the ConnectMenlo study area, city, and region has the potential to result in development‐related impacts on tribal cultural resources. However, new development would be subject to existing federal, state, and local regulations as well as general plan goals, policies, and programs, which would, to the maximum extent practicable, reduce cumulative development‐related impacts on tribal cultural resources.
The ConnectMenlo EIR found that, with mitigation, development consistent with ConnectMenlo would not make a cumulatively considerable contribution to significant cumulative impacts on tribal cultural resources. The ConnectMenlo EIR concluded that potentially cumulatively considerable contributions to significant cumulative impacts on identified tribal cultural resources, including human remains, would be mitigated with implementation of Mitigation Measures CULT‐2a, CULT‐2b, and CULT‐4. In addition, the ConnectMenlo EIR noted that existing federal, state, and local regulations, as well as general plan goals, policies, and programs, would serve to protect cultural resources in Menlo Park. Therefore, the ConnectMenlo EIR determined that cumulative impacts associated with tribal cultural resources under ConnectMenlo would be less than significant.
The ConnectMenlo EIR examined the environmental impacts of the City of Menlo Park General Plan Land Use and Circulation Elements and the M-2 Area Zoning Update. The Proposed Project is located in a former M-2 area and consistent with the general plan policies and zoning analyzed in the ConnectMenlo EIR. The Proposed Project does not propose substantial changes that would require major revisions to the ConnectMenlo EIR, and substantial changes have not occurred with respect to the circumstances under which the Proposed Project would be undertaken. In addition, there is no new information of substantial importance related to tribal cultural resources that was not known and could not have been known with the exercise of reasonable diligence at the time the ConnectMenlo EIR was certified.
Cumulative Impacts with the Proposed Project
Consistent with the ConnectMenlo EIR, the geographic context for cumulative impacts associated with tribal cultural resources considers growth projected by ConnectMenlo within the Study Area in combination with buildout in the city and the region.
As noted in Chapter 3, Environmental Impact Analysis, of this EIR, in addition to the buildout projections considered in the ConnectMenlo EIR, the cumulative scenario for the EIR also includes the additional unrestricted units from the 123 Independence Drive and East Palo Alto projects. As with the Proposed Project, the additional unrestricted units from the 123 Independence Drive and East Palo Alto projects, as well as other projects in the vicinity, would be required to comply with existing federal, state, and local regulations as well as general plan goals, policies, and programs.
The Proposed Project would not result in a substantial change in the ConnectMenlo project, which considered future development at the location of the tribal cultural resource. Therefore, with project-level mitigation measures (Mitigation Measures TCR-1.1, TCR-1.2, TCR-1.3, TCR-2.1) and applicable Page G-2.621
City of Menlo Park
Environmental Impact Analysis
Tribal Cultural Resources
Willow Village Master Plan Project
Final Environmental Impact Report 3.16-41 October 2022
ConnectMenlo mitigation measures, as modified herein, the Proposed Project would not be a cumulatively considerable contributor to a significant cumulative impact on tribal cultural resources and would not cause new or substantially more severe significant impacts related to tribal cultural resources than those analyzed in the ConnectMenlo EIR. Therefore, consistent with the conclusions in the ConnectMenlo EIR, the Proposed Project would not make a cumulatively considerable contribution to significant cumulative impacts with respect to tribal cultural resources.
Page G-2.622
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 11/15/2022
Staff Report Number: 22-225-CC
Informational Item: City Council agenda topics: December 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 December 13, 2022. The topics are arranged by department to help identify the work group most impacted by the agenda item.
Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m. Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. City Council agenda topics: December 2022
Report prepared by:
Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM H-1 Page H-1.1
Through December 13, 2022
Tentative City Council Agenda
# Title Department Item type City Council action1 AB 1600 impact fees report ASD Consent Receive and file2 Annual Comprehensive Financial Report (ACFR) update-June 2022 ASD Consent Receive and file 3 Personnel Activity Report - July 2022 through October 2022 ASD Informational No action 4 Single Audit (Federal Grants)-June 2021 ASD Consent Receive and file5 Housing Element Update CDD Study Session Direction to staff6 Ratification of the Menlo Park fire protection district ordinance CDD Consent Adopt resolution7 Willow Village - second reading and adoption CDD Consent Second read/adopt ordinance8 Adopt a resolution approving the City Council Community Funding Subcommittee’s recommendations for 2022-23 community funding allocations CMO Regular Adopt resolution 9 Adopt Resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public CMO Consent Adopt resolution 10 Appoint City Council representatives and alternates to various local and regional agencies and as liaisons and members to City Council advisory bodies CMO Regular Decide11 Appoint City Councilmembers to various standing and ad hoc subcommittees, and disband inactive ad hoc subcommittees CMO Regular Decide 12 Authorize the city manager to execute an agreement with MPCSD and MPAEF and approve a budget amendment CMO Regular Approve, Contract award or amend13 BlocPower: prevailing wage CMO Informational Decide, Direction to staff14 Certify November 2022 election results CMO Consent Adopt resolution 15 City Council agenda topics Jan 2023 CMO Informational No action 16 Provide direction to the City’s voting delegate regarding regional vacancies for the next City Selection Committee meeting December 16, 2022 CMO Regular Decide 17 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 18 Recognition of outgoing City Councilmember (if any) CMO Regular No action 19 Recognition of outgoing Mayor CMO Regular No action20 Selection of the 2023 Mayor and Vice Mayor CMO Regular Decide21 Swearing in of new city councilmembers CMO Regular No action 22 Transmittal of city attorney billing CMO Informational No action 23 Direction on City Council seat vacancy CMO, CAO Regular Decide 24 Adopt a resolution establishing City Council Policy CC-22-XXX Commemorative Park Amenities Policy LCS Consent Adopt resolution 25 MPCC project update LCS Informational No action26 Additional conceptual design options for Willow Oaks Park PW Regular Approve 27 Adopt a resolution for the intention of PUE vacation for 1701 and 1715 Bay Laurel Drive PW Consent Adopt resolution 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
Through December 13, 2022
Tentative City Council Agenda
# Title Department Item type City Council action28
Authorize the city manager to execute an agreement with the West Bay Sanitary District regarding the provision of recycled water service within Menlo Park Municipal Water Bayfront Area, and other customers within the Recycled Water Purveyor Boundary PW Consent Contract award or amend
29 Award Contract for Chrysler PS - CM and Inspection Services PW Consent Contract award or amend30 Reject Bids for MPPD equipment room and HVAC upgrade project PW Consent Direction to staff ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
Page H-1.3
PW-Public Works
Police
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 11/15/2022
Staff Report Number: 22-224-CC
Informational Item: Police department quarterly update – Q3 July 2022 - September 2022
Recommendation
The purpose of this informational item it to provide an update to the public and to the City Council as requested in the City Council discussions in spring and summer 2021. This is an informational item and does not require City Council action.
Policy Issues
In accordance with the City Council informational requests and interest in Menlo Park Police Department (MPPD) activities and use of equipment, this staff report transmits information to the public.
Analysis
In public discussions with City Council, the following information is provided through regular updates by the MPPD:
1. Results of required periodic auditing of the department’s automated license plate reader (ALPR) technology. The department is required to conduct regular audits of the system to ensure it is being used appropriately.
2. Reports of interactions with Animal Control. Specifically, the Council requested to be notified of any Animal Control Hearings being held for a dangerous animal in Menlo Park.
3. Use of force and Taser Incidents. Committed to transparency, the MPPD will provide the number of documented use of force incidents and Taser deployments regularly. Every documented use of force incident (including Taser deployments) is investigated and reviewed by the supervisor and command staff by policy.
4. Complaints. Also in the spirit of transparency, the MPPD will provide the number of complaints received and reviewed regularly.
5. Assembly Bill 481 (AB 481.) AB 481, signed into law in September 30, 2021 and applicable to agencies no later than May 1, 2022, requires that law enforcement agencies obtain the approval of the City Council, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. The City Council adopted this ordinance at the May 10, 2022, meeting.
6. Community engagement. For a more holistic perspective, the MPPD will also be sharing a general overview of outreach activities completed by the department on a regular basis.
Quarterly update Q3 – July – September 2022
ALPR update
From July through September 2022 MPPD’s three mobile mounted ALPR’s captured 293,392 license plates. The data captured resulted in 276 “hits” that a captured license plate was currently on an active law AGENDA ITEM H-2 Page H-2.1
Staff Report #: 22-224-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov enforcement database or wanted list.
Additionally, MPPD also audits inquiries to the overall ALPR databases made by members of MPPD Staff.
Each inquiry to the database requires an articulable investigative reason (case investigation.) The ALPR database was offline for the entire reporting period and no inquiries were made.
Animal Control update
During this reporting period, no animal control hearings for animals in Menlo Park were conducted and based upon the information currently available there were no citations issued by Animal Control in our jurisdiction.
Use of force update
From July through September 2022, MPPD was attached to 8,559 incidents, including calls for police service and proactive patrol activity. There were two uses of force meeting the threshold for further documentation reported. Each reported use of force report is presented for review to the Chief and Command Staff, and any training issues are identified and addressed.
Complaints update
From July through September 2022, MPPD was attached to 8,559 incidents, including calls for police service and proactive patrol activity. Six complaints were documented either from the community or selfinitiated by this Department. Each complaint is always evaluated and/or investigated according to policy.
AB 481 equipment use update
From July through September 2022, MPPD was attached to 8,559 incidents, including calls for police service and proactive patrol activity. During this time period, there were no operations of MPPD or SWAT personnel that resulted in the use of equipment listed in compliance with AB 481.
Community engagement update
MPPD officers encounter opportunities regularly to interact with the community in a positive way. During the quarters from July to October 2022, MPPD officers documented 60 distinct incidents as “OUTREACH” in the computer dispatch system (CAD.) While this number is the floor, not the ceiling of the total positive interactions MPPD has with the public, these incidents were entirely community engagement and public service oriented.
The 60 incidents included officers engaging in conversations over coffee with community members, passing out stickers to children, interactive visits to the local skate park, engagement during downtown foot patrols and at Lions Club sponsored farmers market, in addition to numerous visits to local elementary and middle schools. The Menlo Park Bike Team attended several events including National Night Out and made a large number of positive community contacts. The most significant outreach event was National Night Out.
Members from across the department interacted with members of the community at various events throughout the city in an effort to promote police-community partnerships.
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
None.
Page H-2.2
Staff Report #: 22-224-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Report prepared by:
Scott Mackdanz, Administrative Sergeant
Tracy Weber, Technical Services Supervisor
William Dixon, Police Commander
Dave Norris, Police Chief
Page H-2.3