Menlo Park City Council
January 10, 2023

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of the Menlo Uptown project and required to implement the same intersection improvement shall reimburse the Menlo Uptown applicant or its proportional fair share of the improvement costs.

Condition of Approval 2.ww.v.

Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Gilbert Avenue is to install a right-turn lane on eastbound Willow Road and restripe the shared through/right lane to through lane resulting in having one left-turn lane, one through lane, and one right-turn lane in this direction. Both above and below ground utilities may require modification due to the widening. This improvement is not included in the City's TIF program. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy. Any project(s) approved within 10 years of the approval date of the Menlo Uptown project and required to implement the same intersection improvement shall reimburse the Menlo Uptown applicant for its proportional fair share of the improvement costs.

Cumulative Transportation Improvements - Transportation Improvements Requiring Conceptual Plans and Cost Estimates for Fees (unless modified by City Council):

Condition of Approval 2.ww.vi.

Under the Cumulative scenario, the proposed intersection improvements at the intersection of Chrysler Drive and Jefferson Drive are to install 1) a traffic signal and 2) convert the shared left/right lane to one left-turn lane and one right-turn lane on northbound Jefferson Drive. The installation of a traffic signal was studied and is included in the City’s TIF program. The TIF payment will fulfill this requirement. To fulfill the other intersection improvement, the applicant shall provide a conceptual plan and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. The fair share contribution for the intersection improvement, calculated as 7.4% of the cost estimate, shall be paid prior to the issuance of a building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Condition of Approval 2.ww.vii.

Under the Cumulative scenario the proposed intersection improvement at the intersection of Chilco Street and Bayfront Expressway is to modify the center left-turn lane to shared left-/right lane on Chilco Street and re-design the existing shared bike lane, resulting in having one left-turn lane, one shared left/right lane, and one right-turn lane. This improvement is not included in the City’s TIF program. To fulfill this improvement, the applicant shall provide a conceptual plan and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. The fair share contribution for the intersection improvement, calculated as 2.2% of the cost estimate, shall be paid prior to the issuance of a Resolution No. XXXX

OAK #4868-3236-5853 v9
building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Condition of Approval 2.ww.viii.

Under the Cumulative scenario, the proposed improvement at the intersection of Chilco Street and Constitution Drive is to install a left-turn lane and convert the shared left/through lane to through lane on southbound Constitution Drive resulting in having one left-turn lane, one through lane, and one right-turn lane. Applicant shall provide a conceptual plan of the following improvement and a cost estimate (including design engineering) for approval by the Transportation Division to determine the fair share contribution. This improvement is not included in the City’s TIF program. The fair share contribution for the intersection improvement, calculated as 3.5% of the cost estimate, shall be paid prior to the issuance of a building permit. If these funds are not used within a 5-year period, they will be returned to the Applicant.

Transportation Improvements Not Required to be Constructed Condition of Approval 2.ww.i
Under the Near Term scenario, the proposed intersection improvement at the intersection of Marsh Road and Bayfront Expressway/Haven Avenue is to restripe the through lane on Haven Avenue to a shared through/right lane resulting in having one shared left/through lane, one shared through/right lane, and one right-turn lane. This improvement was studied and is included in the city’s TIF program. Note this improvement has been initiated. The applicant shall consult with the City for direction prior to proceeding to the next step and the applicant’s obligation. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvement prior to occupancy.

Condition of Approval 2.ww.ii
Under the Near Term scenario, the proposed intersection improvement at the intersection of Willow Road and Newbridge Street is to modify signal timing to a protected left-turn phasing operation on Newbridge Street. Provide a leading left-turn phase on southbound Newbridge Street and a lagging left-turn phase on northbound Newbridge Street and optimize the signal timing. This improvement was studied and is included in the City’s TIF program. The proposed improvement would require Caltrans approval. Signal and other electrical utilities and equipment will also require modification. Note this improvement has been initiated. The applicant shall consult with the City for direction prior to proceeding to the next step and the applicant’s obligation. Simultaneous with the submittal of a complete building permit application, the applicant shall submit complete plans for this improvement. Complete plans shall include all necessary requirements to construct the improvements, including but not limited Resolution No. XXXX

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to, grading and drainage improvements, utility relocations, tree protection requirements, striping modifications, and a detailed cost estimate. The plans are subject to review by the City. Upon obtaining approval from the Director of Public Works or designee, the applicant shall construct the improvements prior to occupancy of the first building. If Caltrans approval has not been obtained prior to occupancy of the first building, but the applicant demonstrates that it has worked diligently to pursue Caltrans approval to the satisfaction of the Director of Public Works or designee, the applicant shall submit to the City a performance bond for 100 percent of the estimated costs plus a 30 percent contingency. The applicant shall continue to pursue approval and construction for a period of five years from the date of issuance of the first building permit.

If the applicant continues to work diligently to the satisfaction of the Director of Public Works or designee, but has not yet obtained approval to construct the improvement, then the applicant shall be relieved of responsibility to construct the improvement and the bond shall be released by the City of Menlo Park.

Resolution No. XXXX

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EXHIBIT D
Documentation Required by City Pursuant to Sections 2 (g) (i) and 2 (g) (ii) Multifamily Component Requirements Pursuant to Section 2 (g) (i)

1. Approved Multifamily Improvement Plans and Transportation Improvement Plans

2. Offer of dedication of Off-Site Improvements for the Multifamily Component from Developer to City upon Acceptance of Off-Site Improvements

3. Offer of dedication of Near Term Transportation Improvements for the Project from Developer to City upon Acceptance of Near Term Transportation Improvements

4. Offer of dedication of real property interests, if any, from Developer to City upon Acceptance of Off-Site Improvements and Near Term Transportation Improvements

5. Deeds/public easement agreements, if necessary

6. Insurance Certificates

7. Multifamily Engineer's Estimate

8. Payment and Performance/Warranty Bonds in amount of Multifamily Engineer's Estimate and Transportation Engineer's Estimate

9. Encroachment Permits for work in public right of way.

Townhome Component Requirements Pursuant to Section 2 (g) (ii)

1. Approved Townhome Improvement Plans

2. Offer of dedication of Off-Site Improvements for the Townhome Component from Developer to City upon Acceptance of Off-Site Improvements

3. Offer of dedication of real property interests, if any, from Developer to City upon Acceptance of Off-Site Improvements and Near Term Transportation Improvements

4. Deeds/public easement agreements, if necessary

5. Insurance Certificates

6. Townhome Engineer's Estimate

7. Payment and Performance/Warranty Bonds in amount of Townhome Engineer's Estimate

8. Encroachment Permits for work in public right of way.

Resolution No. XXXX

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EXHIBIT E
Documentation Required by City Pursuant to Section 2 (g) (iii) to Request Notice of Completion

1. Developer Request Letter for Determination of Completeness (“DOC”)

2. Contractor Substantial Completion Letter

3. Civil Engineer Completion Notice

4. Geotechnical Engineer Completion Letter

5. Landscape Architect Completion Notice

6. City Final Punch-list Approval

7. Utility Conformance Letter (as applicable)

8. As-Built Plan Approval

9. Recorded Notice of Completion

10. Survey Monuments

11. Test Reports

12. Joint Trench Conduits mandrel test (as applicable)

13. Confirmation of Removal of all Non-Compliance Reports (“NCR”)

14. Confirmation of all Change Orders/Instructional Bulletins

15. Confirmation from City that Spare Parts have been provided (as applicable)

16. Operation and Maintenance Manuals (as applicable)

17. DOC Recommendation from Public Works
Resolution No. XXXX

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EXHIBIT F
Documentation Required by City Pursuant to Section 2 (g) (iv) to Request Acceptance by Public Works Director

1. Developer Request for Acceptance Letter

2. Lien Notification to General Contractor and Subs

3. Utility Bill of Sale (as applicable)

4. 3rd Party Reimbursement Checks-Copies

5. Assignment of Warranties and Guaranties

6. License Agreements (as applicable)

7. Mechanic's Lien Guarantee

8. Modified Offers of Off-Site Improvements (as applicable)

9. Updated Grant Deeds (as applicable)
Resolution No. XXXX

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EXHIBIT G-1
Performance/Warranty Bond
(Chapter 5, Division 2, Title 7 of California Government Code) Bond no. _______
WHEREAS, the CITY OF MENLO PARK, a California municipal corporation (“Owner”), has approved the [Multifamily Improvement Plans OR Townhome Improvement Plans (insert actual title of plans)], prepared by [Name of Engineering Firm] and dated _________, 2022 (“Improvement Plans”), which improvements described therein are required to be constructed as set forth in that certain Public Improvement Agreement dated __________, 2022, by and between Owner, CLPF GRP Uptown Menlo Park, LLC, and CLPF CRP TH Menlo Park, LLC (“Agreement”); and
WHEREAS, [insert name of developer](“Developer”) is required to furnish a bond in connection with the construction of the improvements shown on said Improvement Plans in the amount of the Engineer’s Estimate (as said term is defined in the Agreement) ($____________) (“Penal Sum”) as security for the faithful performance of the work to be performed, which upon completion and acceptance of the constructed improvements by the Owner, converts to a warranty bond equal to ten (10%) of the Engineer’s Estimate ($__________), for the warranty of the accepted improvements for a period of one (1) year; and WHEREAS, this Bond consists of this page and the Bond Terms And Conditions, Paragraphs 1 through 14, attached to this page.

NOW, THEREFORE, we the undersigned Developer and, ______________________, as Surety are held and firmly bound unto the sum of _____________________dollars ($________________________) to be paid to the Owner, for which payment, we bind ourselves, jointly and severally.
[Signature Pages to Follow]
Resolution No. XXXX

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Dated: ____________, 2022
Correspondence or claims relating to this
bond should be sent to the Surety at the
following address:
__________________________
__________________________
__________________________
DEVELOPER:

By:

Name:

Its:

SURETY:
[insert name of Surety]

By: _____________________________________
Attorney-in-fact
Note: Signature of those executing for the Surety must be properly acknowledged, and a power of attorney attached.

Resolution No. XXXX

OAK #4868-3236-5853 v9

CERTIFICATE OF ACKNOWLEDGMENT
State of California, County of San Mateo.

On this _______ day of _________________ in the year 2022 before me, ________________________, personally appeared _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of ______________________________________, and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL)
_______________________________________________
Notary Public
Resolution No. XXXX

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BOND TERMS AND CONDITIONS

1. Developer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Agreement, which is incorporated herein by reference.

2. If Developer completely and properly performs all of its obligations under the Agreement, Surety and Developer shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a default under the Agreement pursuant to the terms of the Agreement.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within forty (40) days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Developer, with consent of Owner, to perform and complete the Agreement (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Agreement itself, through its agents or through independent contractors or construction entities; provided, that Surety may not select Developer as its agent or independent contractor or Developer without Owner’s consent; or

4.3 Undertake to perform and complete the Agreement by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Agreement and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Surety and the contractor or Developer selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Agreement; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Developer, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Agreement and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Developer’s default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 7 below.

Resolution No. XXXX

OAK #4868-3236-5853 v9

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Agreement including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Developer’s obligations under the Agreement. Surety’s obligations include, but are not limited to:

6.1 Developer’s obligations to complete the Agreement and correct Defective Work;

6.2 Developer’s obligations to pay liquidated damages, if applicable; and

6.3 To the extent otherwise required of Developer under the Agreement, Developer’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Developer Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Developer Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Agreement, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Agreement or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Agreement, including provisions on changes to the Agreement.

No extension of time, change, alteration, modification, deletion, or addition to the Agreement, Plans and Specifications, or of the work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or Resolution No. XXXX

OAK #4868-3236-5853 v9
exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Developer regarding the Agreement, or in the courts of the County of San Mateo, or in a court of competent jurisdiction in the location in which the work is located.

12. All notices to Surety or Developer shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in the Agreement. Actual receipt of notice by Surety, Owner or Developer, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Agreement: That certain Public Improvement Agreement dated __________, 2022, by and between Developer and Owner, including any amendments or addenda thereto.

14.2 Developer Default: Material failure of Developer, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Agreement.

14.3 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to perform material terms of the Agreement, if such failure is the cause of the asserted Developer Default.

END OF DOCUMENT
Resolution No. XXXX

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EXHIBIT G-2
Payment Bond
(Chapter 5, Title 3, Part 6, Division 4 of California Civil Code or Chapter 5, Division 2, Title 7 of California Government Code)
Bond No. ________________
WHEREAS, the CITY OF MENLO PARK, a California municipal corporation (“Owner”), has approved the [Multifamily Improvement Plans OR Townhome Improvement Plans (insert actual title of plans)], prepared by [Name of Engineering Firm] and dated _________, 2022 (“Improvement Plans”), which improvements described therein are required to be constructed as set forth in that certain Public Improvement Agreement dated __________, 2022, by and between Owner, CLPF GRP Uptown Menlo Park, LLC, and CLPF CRP TH Menlo Park, LLC (“Agreement”); and
WHEREAS, [insert name of developer] (“Developer”) is required to furnish a Payment Bond in connection with said Agreement, to secure the payment of claims of laborers, mechanics, material men and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Developer and
, as Surety, are held and firmly bound unto Owner in the sum of the Engineer’s Estimate (as defined in the Agreement) ($ ) (“Penal Sum”), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if Developer, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Developer and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Resolution No. XXXX

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Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 2022.
[Signature Pages to Follow]
Resolution No. XXXX

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Dated: ____________, 2022
Correspondence or claims relating to this
bond should be sent to the Surety at the
following address:
__________________________
__________________________
__________________________
DEVELOPER:

By:

Name:

Its:

SURETY:
[insert name of Surety]
By: _____________________________________
Attorney-in-fact
Note: Signature of those executing for the surety must be properly acknowledged, and a power of attorney attached.

Resolution No. XXXX

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CERTIFICATE OF ACKNOWLEDGMENT
State of California, County of San Mateo.

On this _______ day of _________________ in the year 2022 before me, ________________________, personally appeared _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of ______________________________________, and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL)
_______________________________________________
Notary Public
Resolution No. XXXX

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: 1/10/2023
Staff Report Number: 23-010-CC
Regular Business: Appoint City Council representatives and alternates to various local and regional agencies
and as liaisons and members to City Council
advisory bodies
Recommendation
Staff recommends that the City Council:

1. Appoint representatives and alternates to various local and regional agencies

2. Appoint members to applicable advisory bodies

3. Appoint liaisons to applicable advisory bodies
Policy Issues
The proposed action conforms to the current practice of annually updating the City Council’s appointments to various local and regional agencies, boards and City Council-appointed advisory bodies.

Discussion
Each year, after the City Council reorganization, City Council appoints its members to represent the City or liaison for City Council. Attachment A is a full roster of current City Council assignments for 2022.

Attachment B includes a brief description of each agency’s purpose and respective meeting schedule.

On November 13, 2022 City Councilmember Combs, notified then Mayor Nash and the city manager of the intention to resign from Bay Area Water Supply and Conservation Agency (BAWSCA) board before the end of the term (June 25, 2025.) As such, the City Council should identify a replacement.

On October 11, 2022 then City Councilmember Wolosin, requested that the City Council consider whether appointments should be made to the Palo Alto Community Fund Advisory Board and Community Trust.

The City Council may also wish to consider whether to establish a liaison with each school district or whether to broaden the scope of the liaison role to all school districts. If the City Council decides to broaden the scope, then it could be appropriate to include the Community Trust as part of the scope of the school district liaison.

The cities of East Palo Alto and Palo Alto have expressed a desire to reestablish quarterly meetings of the mayors of all three cities and include the vice mayors as well.

AGENDA ITEM G-1 Page G-1.1
Staff Report #: 23-010-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The City Council should also determine whether to appoint someone to the Searsville Advisory Group.

Impact on City Resources
There is no impact on City resources associated with this action outside of any associated membership dues, meeting related expenses, and/or staff assistance required and budgeted.

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

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

Attachments
A. List of current 2022 City Council assignments
B. 2023 City Council assignments to regional boards and advisory bodies Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page G-1.2
2022 City Council assignments
MAYOR ASSIGNMENTS 2022 Primary 2022 Alternate
Association of Bay Area Governments (ABAG) Betsy Nash Jen Wolosin League of California Cities (Peninsula Division) Betsy Nash Jen Wolosin Menlo Park Chamber of Commerce / City liaison position Betsy Nash Jen Wolosin San Mateo County Council of Cities and City Selection Committee Betsy Nash Jen Wolosin

REGIONAL BOARD MEMBERS
Bay Area Water Supply & Conservation Agency (BAWSCA) - through June 25, 2025 REGIONAL ASSIGNMENTS 2022 Primary 2022 Alternate
Caltrain Modernization Local Policy Group Jen Wolosin Ray Mueller City/County Association of Governments of San Mateo County (C/CAG) Cecilia Taylor Drew Combs County of Santa Clara Community Resources Group for Stanford University Ray Mueller Cecilia Taylor Emergency Services Council (San Mateo County JPA) Cecilia Taylor Drew Combs Facebook Local Community Fund Cecilia Taylor Betsy Nash Grand Boulevard Task Force Jen Wolosin Drew Combs
HEART Board Member Agency Committee (MAC) Ray Mueller Jen Wolosin Home for All Cecilia Taylor n/a
Peninsula Clean Energy (PCE) Community Choice Energy Betsy Nash Jen Wolosin Peninsula Traffic Congestion Relief Alliance (Commute.org) Jen Wolosin Drew Combs San Francisquito Creek Joint Powers Authority Drew Combs Cecilia Taylor San Mateo County Mosquito and Vector Control District - through December 31, 2024 Catherine Carlton* n/a SFO Airport/Community Roundtable Cecilia Taylor Jen Wolosin South Bayside Waste Management Authority (SBWMA) Cecilia Taylor Drew Combs CITY COUNCIL ADVISORY BODY MEMBERS 2022 Member 1 2022 Member 2 Finance and Audit Committee Cecilia Taylor Jen Wolosin

ADVISORY BODY LIAISONS
Complete Streets Commission
Environmental Quality Commission
Housing Commission
Library Commission
Parks and Recreation Commission
Planning Commission
OUTSIDE AGENCY LIAISONS 2022 Member 1 2022 Member 2
Menlo Park City School District Ray Mueller Drew Combs
Menlo Park Fire Protection District Ray Mueller Drew Combs San Mateo County Flood and Sea Level Rise District (FSLR, OneShoreline) Cecilia Taylor Betsy Nash *appointed on December 14, 2021 to serve through December 31, 2024 Jen Wolosin
2022 Member
Drew Combs
2022 Member
Cecilia Taylor
Betsy Nash
Drew Combs
Ray Mueller
Drew Combs
Page G-1.3 ATTACHMENT A
1

2023 CITY COUNCIL ASSIGNMENTS TO REGIONAL BOARDS AND ADVISORY BODIES City Council
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6610
menlopark.gov/citycouncil
Regional assignments (Mayor and/or Vice Mayor)
Assignment Details Meeting time / location Representative / alternate Association of Bay Area Governments (ABAG)
The Association of Bay Area Governments (ABAG)
is the comprehensive regional planning agency and
Council of Governments for the nine counties and
101 cities and towns of the San Francisco Bay
Region. The region encompasses Alameda, Contra
Costa, Marin, Napa, San Francisco, San Mateo,
Santa Clara, Solano, and Sonoma counties. Its
work covers areas such as land use, housing,
environmental quality and economic development.

Type:

Joint Powers Authority
Brown Act body
Started:
1961
Website:
https://abag.ca.gov/
Meets 1-2 times annually at 11
a.m.

Bay Area Metro Center
375 Beale St, San Francisco, CA
Primary (Mayor):

Wolosin
Alternate (Vice Mayor):

Taylor
League of California Cities – Peninsula Division
The Peninsula Division includes 36 cities in San
Francisco, San Mateo, and Santa Clara counties
and provides members with the opportunity to
exchange ideas and information and share the
advantages of cooperative advocacy.

Website: https://www.calcities.org/getinvolved/regional-divisions/peninsula-divisionThe Peninsula Division holds four meetings a year, with an
occasional special meeting as
warranted. Division dinners are
open to all division members.

Tentative meeting dates in
various locations:

January 25, 2023
March 22, 2023
June 22, 2023
September 13, 2023 (CitiPAC
Event) – in-person: Filoli Historic
House and Garden
86 Cañada Rd, Woodside, CA
October 25, 2023
Primary (Mayor):

Wolosin
Alternate (Vice Mayor):

Taylor

CONTINUED ON NEXT PAGE
Page G-1.4 ATTACHMENT B
2

Regional assignments (Mayor and/or Vice Mayor) (continued) Assignment Details Meeting time / location Representative / alternate Menlo Park Chamber of Commerce
The Mayor and Mayor Pro Tem generally serve as
the liaisons to the Chamber of Commerce and
attend Chamber board meetings to provide updates
and hear from board members.

Type:

Community organization
Not a Brown Act body
Website:
http://menloparkchamber.com
Meets monthly on the third
Thursday with City
representatives joining at 9 a.m.

Chamber of Commerce-Board
Room
virtual
Primary (Mayor):

Wolosin
Alternate (Vice Mayor):

Taylor
Peninsula Traffic Congestion Relief Alliance
(Commute.org)
Commute.org’s mission is to reduce the number of
vehicle miles traveled (VMT) by commuters to
decrease congestion, improve the environment,
and enhance quality of life. This is done by
encouraging and supporting the use of sustainable
alternatives to driving alone. They envision a region
where all residents and employees have access to
equitable, sustainable, affordable, and safe
transportation options and use them as their
primary modes when commuting on the Peninsula.

Type:

Brown Act body
Website:
https://commute.org/about/
Five scheduled meetings each
year at 8 a.m.

Various locations
Primary (Mayor):

Wolosin
Alternate (Vice Mayor):

Taylor
San Mateo County Council of Cities and City
Selection Committee
The San Mateo County elected officials meet once
a month to discuss issues of interest and usually a
speaker is part of the program. (Bylaws require the
Mayor to be the voting member.)
The City Selection Committee is required to appoint
city representatives to board, commissions, and
agencies as required by law (California
Government Code §50270). City Selection
Committee is comprised of Mayors of all 20
incorporated cities/towns in San Mateo County.

Type:

Brown Act body
Website:
https://www.smcgov.org/ceo/city-selectioncommittee
The San Mateo County Council
of Cities meets monthly,
generally at 5:30 p.m., and
typically on Fridays.

Various locations
The City Selection Committee
meets annually in December.

Colma Fire House
50 Reiner St, Colma, CA
Primary (Mayor):

Wolosin
Alternate (Vice Mayor):

Taylor
Page G-1.5
3

Regional board appointments
Assignment Details Meeting time / location Representative Bay Area Water Supply & Conservation Agency
(BAWSCA)
The Bay Area Water Supply & Conservation
Agency (BAWSCA) was enabled by Assembly Bill
No. 2058 and has the authority to coordinate water
conservation, supply and recycling activities for its
members; acquire water and make it available to
other agencies on a wholesale basis; finance
projects, including improvements to the regional
water system; and build facilities jointly with other
local public agencies or on its own to carry out
BAWSCA’s purposes.

Type:

Brown Act body
Website:
http://bawsca.org
Meets on the third Thursday of
every other month at 6:30 p.m.

Various locations
Drew Combs through
June 25, 2025
Page G-1.6
4

Regional assignments
Assignment Details Meeting time / location Representative / alternate
Airport Community Roundtable
Eighteen cities, the operator of San Francisco International Airport (SFO) the City and County of San Francisco and the County of San Mateo comprise the Roundtable, a voluntary public forum established in 1981 for the discussion and implementation of noise mitigation strategies at SFO.

Type:

Voluntary public forum
Brown Act body
Started:
1981
Website:
http://sforoundtable.org
Generally, first
Wednesday of the
month at 7 p.m.

Millbrae City Hall
621 Magnolia Ave,
Millbrae, CA
Primary:

Alternate:

Caltrain Modernization Local Policy Group
The Caltrain Modernization Program will electrify and upgrade the performance, operating efficiency, capacity, safety and reliability of Caltrain’s commuter rail service.

Type:

Advisory body
Brown Act body
Started:
2012
Website:
http://www.caltrain.com/projectsplans/Calt
rainModernization/Local_Policy_Maker_G
roup.html
Meets monthly on the
fourth Thursday, 5:30
p.m.

Edward J. Bacciocco
Auditorium, SamTrans
Administrative Offices
2nd Floor, 1250 San
Carlos Ave, San
Carlos, CA
Primary:

Alternate:

City/County Association of Governments (C/CAG)
The City/County Association of Governments of San Mateo County (C/CAG) deals with issues that affect the quality of life in general; transportation, air quality, stormwater runoff, hazardous waste, solid waste and recycling, land use near airports and abandoned vehicle abatement. C/CAG provides a unique forum for the cities and the County to work together on common issues to develop cost-effective solutions. The Board consists of 21 members with one from each city (20) and the County of San Mateo.

Type:

Joint Powers Authority
Brown Act body
Website:
http://ccag.ca.gov
Meets monthly on the
second Thursday at 6:
30 p.m.

San Mateo County
Transit District Office
1250 San Carlos Ave,
2nd Floor Auditorium
San Carlos, CA
Primary:

Alternate:

Stanford Community Resource Group
The Stanford Community Resource Group (CRG) is composed of 8-12 members. The group serves as a mechanism for information exchange and perspectives on Stanford development issues.

Members are appointed by the County Planning Director in consultation with the District 5 Supervisor.

Type:

Brown Act body
Website:
https://plandev.sccgov.org/policiesprograms/stanford-university/stanfordcommunity-resource-group Meets monthly on the
second Thursday at 7
p.m.

Palo Alto Art Center
1313 Newell Road, Palo
Alto, CA
Primary:

Alternate:

CONTINUED ON NEXT PAGE
Page G-1.7
5

Regional assignments (continued)
Assignment Details Meeting time / location Representative / alternate
Emergency Services Council (San Mateo County Joint Powers Authority)
The Emergency Services Council oversees the emergency
planning, training and exercises in the various cities and reviews and recommends policies, programs and plans for adoption.

Type:

Joint Powers Authority
Brown Act body
Website:
https://www.smcgov.org/ceo/emergencymanagement-governance Meets quarterly on
Thursdays, 5:30 p.m.

Primary:

Alternate:

Facebook Local Community Fund
The Facebook Local Community Fund, a partner fund of
Philanthropic Ventures Foundation, designed to support 501(c)(3) non-profits serving the East Palo Alto and Belle Haven
communities through grant funds awarded following review by the community fund board of directors.

Type:
501(c)(3) public charity
Not a Brown Act body
Website:
http://www.venturesfoundation.org/progra
ms/community-initiatives/facebook-localcommunity-fund/ Meets as needed. Primary:

Alternate:

Grand Boulevard Initiative Taskforce
The Grand Boulevard is a collaboration of 29 cities, counties, local and regional agencies united to improve the performance, safety and aesthetics of El Camino Real. Starting at the northern Daly City limit (where it is named Mission Street) and ending near the Diridon Caltrain Station in central San Jose (where it is named The Alameda), the initiative brings together for the first time all of the agencies having responsibility for the condition, use and performance of the street.

Type:

Not a Brown Act body
Website:
http://grandboulevard.net
Meets annually. Primary:

Alternate:

HEART Board Member Agency Committee (MAC)
The MAC is composed of nine public HEART Board Members and a City Council member from each member city that does not have a representative on the HEART Board. The purpose of the MAC is to engage with cities that are not on the HEART Board and to provide you with the opportunity to comment on HEART’s financial and program activities.

Type:

Brown Act body
Website:
https://www.heartofsmc.org/events/memb
er-agency-committee-mac-annualmeeting/
Meets as needed at
various times.

County of San Mateo
Dept. of Housing
264 Harbor Blvd
Building A, Belmont,
CA
Primary:

Alternate:

CONTINUED ON NEXT PAGE
Page G-1.8
6

Regional assignments (continued)
Assignment Details Meeting time / location Representative / alternate
Peninsula Clean Energy Authority (PCE)
Peninsula Clean Energy is San Mateo County’s official electricity provider. Peninsula Clean Energy offers lower rates and the added benefit of two electricity options, each with a different percentage of sustainable energy. ECOplus rates are 5% below PG&E’s standard rates. ECO100 offers 100% renewable, ghg-free energy at a cost of just $0.01 per KwH extra.

Type:

Joint Powers Authority
Brown Act body
Started:
2016
Website:
http://www.peninsulacleanenergy.com
Meets monthly on the
fourth Thursday at 6:30
p.m.

Peninsula Clean
Energy Office
2075 Woodside Rd,
Redwood City, CA
Primary:

Alternate:

San Francisquito Creek Joint Powers Authority
The San Francisquito Creek JPA is an agency empowered to protect and maintain the 14-mile San Francisquito Creek and its 45 square-mile watershed and address concerns regarding flooding and environmental preservation. Members include the cities of Menlo Park, East Palo Alto, and Palo Alto; the counties of San Mateo and Santa Clara; as well as Stanford and the Santa Clara Valley Water District.

Type:

Joint Powers Authority
Brown Act body
Website:
http://sfcjpa.org
Meets monthly on the
fourth Thursday of the
month at 3:30 p.m.

Rotates:

Menlo Park City
Council Chambers
751 Laurel Ave, Menlo
Park, CA
East Palo Alto City
Council Chambers
2415 University Ave,
East Palo Alto, CA
California
Palo Alto City Council
Chambers
250 Hamilton Ave, Palo
Alto, CA
Primary:

Alternate:

San Mateo County Mosquito and Vector Control District
San Mateo County Mosquito and Vector Control District uses an integrated pest management strategy to safeguard the health and comfort of the residents of San Mateo County. Their service area includes the entirety of San Mateo County
Type:

Brown Act body
Website:
https://www.smcmvcd.org/board-oftrustees
Meets monthly on the
second Wednesday of
the month at 6 p.m.

District Office
1351 Rollins Rd,
Burlingame, CA
Primary: Carlton through
December 31, 2024*
*appointed on December 14, 2021 to serve through December 31, 2024

CONTINUED ON NEXT PAGE
Page G-1.9
7

Regional assignments (continued)
Assignment Details Meeting time / location Representative / alternate
South Bayside Waste Management Authority (SBWMA)
RethinkWaste is a joint powers authority of twelve public agencies in San Mateo County, and organized to jointly manage the franchise agreement with Recology San Mateo County for the collection of garbage, recycling and green waste.

Type:

Joint Powers Authority
Brown Act body
Website:
https://rethinkwaste.org/about/board-ofdirectors/
Meets monthly on the
fourth Thursday of the
month at 3 p.m.

Silicon Valley Clean
Water Administrative
Offices
2nd Floor, Pelican
Conference Room
1400 Radio Rd
Redwood Shores, CA
Primary:

Alternate:

Page G-1.10
8

City Council advisory body members assignments
Assignment Details Meeting time / location Members
Finance and Audit Committee
(2 members, not liaisons)
The Finance and Audit Committee is charged
primarily to support delivery of timely, clear and
comprehensive reporting of the City’s fiscal status
to the community at large.

Type:

City Council-appointed advisory body
Brown Act body
Website:
menlopark.gov/FAC
Meets third Thursday of every
quarter at 5:30 p.m.

Menlo Park City Hall-Downtown
Conference Room
1st Floor, 701 Laurel St, Menlo
Park, CA City Hall
Member:

Member:

Page G-1.11
9

Advisory body liaison assignments
Assignment Details Meeting time / location Liaison
Complete Streets Commission
The Complete Streets Commission is charged
primarily with advising the City Council on realizing the City's adopted goals for complete streets, vision zero, climate action plan, and provide input on major land
use and development projects as it relates to
transportation.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/CSC
Meets monthly on the second
Wednesday, 6:30 p.m.

Menlo Park City Hall-Downtown
Conference Room
1st Floor, 701 Laurel St, Menlo
Park, CA City Hall
Liaison:

Environmental Quality Commission
The Environmental Quality Commission is charged
primarily with advising the City Council on matters
involving environmental protection, improvement and
sustainability.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/EQC
Meets monthly on the third
Wednesday, 6 p.m.

Menlo Park City Hall-Downtown
Conference Room
1st Floor, 701 Laurel St, Menlo
Park, CA City Hall
Liaison:

Housing Commission
The Housing Commission is charged primarily with
advising the City Council on housing matters including
housing supply and housing related problems.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/HC
Meets monthly on the second
Wednesday, 6:30 p.m.

Menlo Park City Hall-Downtown
Conference Room
1st Floor, 701 Laurel St, Menlo
Park, CA City Hall
Liaison:

Library Commission
The Library Commission is charged primarily with
advising the City Council on matters related to the
maintenance and operation of the City’s libraries and
library systems.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/LC
Meets monthly on the third
Monday, 6:30 p.m.

Menlo Park Main Library- Senior
Annex
800 Alma St, Menlo Park, CA
94025
Liaison:

Parks and Recreation Commission
The Parks and Recreation Commission is charged
primarily with advising the City Council on matters
related to City programs and facilities dedicated to
recreation.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/PRC
Meets monthly on the fourth
Wednesday, 6:30 p.m.

Arrillaga Family Recreation
Center-Cypress Room
700 Alma St, Menlo Park, CA
94025
Liaison:

CONTINUED ON NEXT PAGE
Page G-1.12
10

Advisory body liaison assignments (continued)
Assignment Details Meeting time / location Liaison
Planning Commission
The Planning Commission is organized according to
State Statute.

Type:

City Council-appointed advisory
body
Brown Act body
Website:
menlopark.gov/PC
Meets twice monthly on a
Monday, schedule adopted once
a year, at 7 p.m.

Menlo Park City Council
Chambers
751 Laurel Ave, Menlo Park, CA
Liaison:

Page G-1.13
11

City Council outside agency liaison assignments
Assignment Details Meeting time / location Representative / alternate / member
Menlo Park City School District and
Community Trust Meets as needed Member:

Menlo Park Fire Protection District Meets as needed Member:

Flood and Sea Level Rise Agency (FSLR)
Website:
https://resilientsanmateo.org/
Meets monthly on the second and
fourth Monday at 4 p.m.

Primary:

Alternate:

Page G-1.14
12

City Council requested assignments
Assignment Details Meeting time / location Member
Home for All
Home for All SMC is a collaborative initiative
comprised of the County of San Mateo, local
governments, school districts, community-based
organizations, faith-based organizations, advocacy
groups and businesses. The mission of Home for
All is to establish a climate in San Mateo County
where a diversity of housing is produced and
preserved so that San Mateo County is a culturally,
generationally, and economically diverse
community with housing for all. It is administratively
supported and funded by the County of San Mateo.

Type:

Not a Brown Act body
Website: https://homeforallsmc.org/
Meets as needed Member:

Palo Alto Community Fund Advisory Board
Focuses on the unique needs of the community and
channeling charitable giving of local donors to
effective organizations that improve the quality of
life for everyone in Palo Alto, East Palo Alto and
Menlo Park.

Type:

Not a Brown Act body
Website:
https://paloaltocommfund.org/about/team/
Meets as needed Member:

Searsville Advisory Group
In 2011, Stanford University formed a faculty and
staff Steering Committee to evaluate options and
ultimately develop a recommended course of action
to address the future of Searsville Dam and
Reservoir. To ensure that the study process had the
benefit of a broad range of community perspectives
and expertise, Stanford University also invited a
group of public agency representatives, nongovernment organizations and community members to be part of a Searsville Advisory Group.

Type:

Not a Brown Act body
Website:
https://searsville.stanford.edu/overview
Meets as needed Member:

Page G-1.15
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: 1/10/2023
Staff Report Number: 23-008-CC
Informational Item: City Council agenda topics: January 24 – February 14, 2023
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 February 14, 2023. 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: January 24 – February 14, 2023 Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM H-1 Page H-1.1
Through February 14, 2023
Tentative City Council Agenda
# Title Department Item type City Council action
1 Personnel Activity Report ASD Informational No action 2 Receive the annual comprehensive financial report for the fiscal year ended June 30, 2022 ASD Consent Receive and file 3 Existing litigation CAO Closed Session No action4 Vesting Tentative Map Extension for 201 El Camino Real CDD Regular Adopt resolution5 Housing Commission work plan approval CDD Consent Approve 6 Housing Element CDD Regular Approve
8 Introduce an ordinance-Senate Bill 9 (SB 9) CDD Public Hearing First read/intro ordinance 9 Adopt a resolution approving the City Council Community Funding Subcommittee’s recommendations for 2022-23 community funding allocations CMO Regular Adopt resolution 7 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 Authorize the city manager to executed a revised agreement with HdL for economic development services CMO Consent Contract award or amend 11 City Council agenda topics CMO Informational No action 12 Electric vehicle charging for City operations-status update and next steps CMO Informational Info from staff 13 Proclamation: Black History Month CMO Proclamation No action 14 Proclamation: National Human Trafficking Awareness Day CMO Proclamation No action 15 Receive and file 2021 priorities, work plan quarterly report as of December 31, 2022 and advisory body work plan update CMO Consent Receive and file 16 Appoint City Councilmembers to various standing and ad hoc subcommittees, and disband inactive ad hoc subcommittees CMO Regular Decide 17 Adopt a resolution establishing City Council Policy CC-22-XXX Commemorative Park Amenities Policy LCS Consent Adopt resolution 18 Approve a notice of funding availability for cultural and special events community grants LCS Regular Approve 19 Aquatics request for proposals -execute agreement LCS Consent Contract award or amend20 Menlo Park Community Center-furniture and non-fixed equipment procurement LCS Regular Approve 21 Menlo Park Community Center-staffing considerations LCS Informational No action 22 Pickleball update LCS Informational No action
23 Presentation: Youth Poster Exhibition: "What Black History Means to Me" LCS Proclamation No action 24 Provide direction for updating City Council Policy CC-86-001, “Naming and/or changing the name of facilities” LCS Regular Direction to staff 25 Police department quarterly update – Q4 October 2022 - December 2022 PD Informational Receive and file26 Adopt a Resolution for Urban Community Drought Relief Grant 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 February 14, 2023
Tentative City Council Agenda
# Title Department Item type City Council action27 Adopt resolution abandon 10’ wide public utility easements along the rear of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive PW Public Hearing Adopt resolution28 Adopt resolution to remove parking on Middle Avenue to implement complete streets project PW Regular Adopt resolution29 Approve service agreement with Caltrain for Middle Avenue undercrossing project PW Consent Approve30 Consider an appeal of the Complete Streets Commission decision to remove two parking spaces on Roble Avenue PW Regular Adopt resolution, Decide31 Presentation: East Palo Alto Sanitary District PW Proclamation No action32 Provide direction on whether to consider elevated alternatives for Caltrain grade separation PW Study Session 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
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: 1/10/2023
Staff Report Number: 23-009-CC
Informational Item: Transmittal of city attorney billing Recommendation
This is an informational item and does not require City Council action.

Policy Issues
In accordance with the City Council informational requests, this staff report transmits information to the public.

Background
On February 23, 2021, the City Council approved an agreement with Burke Williams Sorenson, LLP (BWS) for city attorney services.

Analysis
As requested by the City Council, the city attorney has prepared monthly summaries of billing activity (costs/fees) for legal services that could be shared with the public. This staff report transmits the summary for the month of November 2022.

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. Billing summary – November 2022
Report prepared by:

Justin I.C. Murphy, City Manager
AGENDA ITEM H-2 Page H-2.1
NOVEMBER 2022 LEGAL SERVICES - Burke, Williams & Sorensen, LLP Description Fees Costs Total Billed
GENERAL MUNICIPAL MATTERS $29,858.00 $74.25 $29,932.25
REAL ESTATE, COMPLEX HOUSING, CEQA, NEPA $6,976.00 $100.75 $7,076.75 HOUSING ELEMENT $10,974.00 $0.00 $10,974.00
CONSTRUCTION AND COMPLEX PUBLIC WORKS $716.00 $0.00 $716.00 MENLO UPTOWN $1,296.00 $0.00 $1,296.00
123 INDEPENDENCE $3,915.00 $0.00 $3,915.00
WILLOW VILLAGE $120,100.00 $0.00 $120,100.00
1350 ADAMS COURT $2,640.00 $0.00 $2,640.00
1075 O'BRIEN/CS BIO $2,688.00 $0.00 $2,688.00
162-164 JEFFERSON $336.00 $0.00 $336.00
1105-1165 O'BRIEN DRIVE $3,264.00 $0.00 $3,264.00
BOHANNAN DEVELOPMENT $672.00 $0.00 $672.00
FEES $434.00 $0.00 $434.00
CODE ENFORCEMENT/ PITCHESS / NUISANCE PR $785.50 $0.00 $785.50 SRI CAMPUS $3,072.00 $0.00 $3,072.00
MPCC PG&E EMINENT DOMAIN $682.00 $0.00 $682.00
HOTEL MOXY / 3723 HAVEN AVENUE $6,144.00 $0.00 $6,144.00 1005 O'BRIEN $768.00 $0.00 $768.00
UUT CLAIM/LITIGATION $34,800.00 $207.65 $35,007.65
PUBLIC RECORDS ACT $2,214.00 $0.00 $2,214.00
CITY COUNCIL $459.00 $0.00 $459.00
980-1030 O'BRIEN $2,236.00 $0.00 $2,236.00
3705 HAVEN $336.00 $0.00 $336.00
FEES PAID BY CITY $88,281.15
FEES PAID BY DEVELOPERS $147,467.00
TOTAL $235,748.15
Page H-2.2 ATTACHMENT A
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: 1/10/2023
Staff Report Number: 23-011-CC
Informational Item: Update on draft outdoor dining design standards Recommendation
Staff recommends that the City Council receive an update on draft outdoor dining design standards that would potentially take effect when the City’s temporary outdoor use permit (TOUP) program expires at the end of February 2023. The draft outdoor dining design standards are a key part of an outdoor dining program. Staff is working to create a detailed outdoor dining program for City Council consideration in February.

Policy Issues
In June 2020, the Menlo Park City Council adopted an urgency ordinance to establish a TOUP program to accommodate safe outdoor business operations at the early stages of the COVID-19 pandemic, as well as to close portions of Santa Cruz Avenue and Ryan’s Lane for pedestrian use. The decision was exempt from the California Environmental Quality Act (CEQA) due to its temporary, emergency nature. The City’s TOUP program is set to expire with the end of the California COVID-19 State of Emergency Order February 28, 2023. City staff are currently creating a more permanent outdoor dining program with enhanced and clearly defined design and maintenance standards. The initial draft outdoor dining design standards are now available for City Council review. This release of the draft outdoor dining design standards also launches the City’s outreach to business owners for feedback.

Background
Before the pandemic, the City Council approved the Santa Cruz Street Café Pilot Program in 2015 to allow merchants to convert street parking to parklets for outdoor uses. The program included City-approved designs by Ian Moore Designs and the City Council agreed to a cost-sharing structure that paid for part of the base design of the parklets and installation of the improvements. Owners of the parklets signed license agreements that expired in 2021 and are now operating on a month-to-month basis through the TOUP program.

The actions of the City Council to mitigate economic impacts of COVID-19 have helped many businesses remain viable while operating in a safe manner. The City Council considered the topics of parklets and outdoor use permits multiple times since the start of the pandemic and adopted a number of urgency ordinances as summarized below.
• June 19, 2020 – Urgency Ordinance No. 1070: Allowed staff to implement the TOUP program and close portions of Santa Cruz Avenue for pedestrian use.
• July 16, 2020 – Urgency Ordinance No. 1071: Expanded the uses eligible for a TOUP. • September 2020 – Urgency Ordinance No. 1072: Extended the TOUP and street closure through February 28, 2021.

AGENDA ITEM H-3 Page H-3.1
Staff Report #: 23-011-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov • October 6, 2020 – Urgency Ordinance No. 1073: Expanded the TOUP program to include:
• Installation of “walk your bike” signs on closed portions of Santa Cruz Avenue • Use of travel lanes without limitations to time of day or day of week • Closure of a portion of Ryan’s Lane between Crane Street and Escondido Lane • February 23, 2021 – Ordinance No. 1085: Extended TOUP program and street closure through January 2022.
• January 25, 2022 – Ordinance No. 1086: Extended the TOUP program to allow parklets and street cafes in off-street parking spaces to remain on a month-to-month basis until the COVID-19 State of Emergency Order ends. At this meeting, the City Council directed staff to create design standards for parklets.

See Attachment A for a graphic of the Santa Cruz Avenue street closure and the downtown TOUPs. One additional TOUP is located at Café Zoe on Menalto Avenue.

Analysis
There are 15 businesses currently operating an outdoor use through the TOUP program, and most have indicated to the City’s Economic Development Consultant, HdL Companies, a desire to continue their outdoor operations in some capacity. Over the last year, several participating businesses have also indicated to HdL Companies that many members of the public continue to choose outdoor dining instead of indoor.

The draft outdoor dining design standards (Attachment B) establish design and development related requirements for use of the public right-of-way by dining establishments. To create these standards, HdL Companies considered similar programs approved in nearby cities including Redwood City, San Mateo, San Carlos and Burlingame.

The draft design standards apply to outdoor dining in the public right-of-way in two categories: 1) sidewalk cafés and 2) parklets in public parking spaces. The standards will:
• Provide objective design standards related to setbacks, platforms, barriers, tables and seating, as well as shading, lighting, heating, plants and planters, and overhead structures for sidewalk cafes and parklets. • Streamline the review process for new parklet applications with parklet site plan and design templates for use by applicants.
• Applicants can choose to create their own parklet designs as long as the proposed design is within the design criteria outlined in the guidelines.
• Sidewalk cafés can be unique to the business but must be set up in accordance with the required setbacks and furnishing and fixture design criteria.

Other key provisions in the standards include:
• Overhead structures, particularly solid roof structures, may be permitted as a special allowance in order to maintain the open and airy feeling of outdoor dining. Fabric awnings, umbrellas, and other soft retractable material would be encouraged to provide shade and limited weather protection while maximizing light.
• Landscaping and plants must be maintained and in good health.

Page H-3.2
Staff Report #: 23-011-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Transition from TOUP to outdoor dining program
Several cities such as Redwood City, Burlingame, and Morgan Hill that have implemented longer term outdoor dining programs have created transitional periods that provide time for businesses with existing parklets or sidewalk cafés to meet new design standards. City staff are currently creating parameters for a potential transitional period to allow existing outdoor dining parklet or sidewalk café owners to meet new outdoor dining design standards. In addition, City staff in partnership with HdL Companies are researching a potential fee structure for permitting and use of the public right-of-way, possibly to include a cost sharing aspect and/or fee waivers/reductions.

Alignment with Specific Plan
In alignment with the El Camino Real and Downtown Specific Plan Section D – Public Space, the proposed outdoor dining design standards are specific to outdoor dining and identify the functional zones of the sidewalk and parking / travel lane to help establish locations for parklets and sidewalk cafés. The El Camino Real and Downtown Specific Plan identifies a need to improve the pedestrian realm on Santa Cruz Avenue, which includes sitting and outdoor dining options in functional sidewalk zones. The Plan establishes sidewalk functional zones, ensuring a pedestrian clear zone and more pleasant and functional sidewalks. It redistributes the right-of-way between traffic lanes, on-street parking, and sidewalks in order to focus on an enhanced pedestrian experience while still accommodating vehicular circulation and on-street parking. Per the Santa Cruz Avenue Sidewalks section (D10) of the Specific Plan, activities outside the building, such as outdoor dining, can enliven adjacent sidewalks. These are desirable attributes in areas with high levels of activity such as the downtown and station area.

Impact on City Resources
Future items for City Council consideration will include a potential fee structure for an outdoor dining program. The City’s current TOUP program waived all processing fees for temporary outdoor dining in the sidewalk or parking stalls, and utilized funding from the Downtown Streetscape Capital Improvement Plan (CIP) fund to purchase barriers for businesses use.

Environmental Review
This action is not a project within the meaning of the CEQA Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment. Approval of an ordinance to allow outdoor dining will be subject to further CEQA review.

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. Santa Cruz Avenue closure graphic
B. Draft outdoor dining design standards
Report prepared by:

Kirstin Hinds, Senior Advisor, HdL Companies
Page H-3.3
Staff Report #: 23-011-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Report prepared by:

Stephen Stolte, Assistant City Manager
Page H-3.4
Peabody Gallery
Kyosho
S.C. Barber Shop
Park Ave Salon
Cold Stone Creamery
Bank of America
VACANT
(Ceci Wong)
Stacks
VACANT
Mr. Bubble
Union Bank
Menlo Cafe
Dolma Carpets
La Migliore Salon
Susie Cakes
Cheeky Monkey
Abby Carpet
Dolma Handicraft
Bow Wow Meow
Chase
Breeeze-way
Left Bank
Bistro Vida
Harvest
Starbucks
Tilak Indian Cuisine
Walgreens

EL CAMINO REAL

DOYLE ST

JOHNSON LN

MALONEY
100 Feet PLATE 1
North
South
Match Line
Color Key
Roadblocks
Street Closures
Restaurants
Cafe Dining (Santa Cruz Ave Pilot program)
Outdoor Expansion (TOUP)
Bicycle Parking Zone
Directional Traffic Pattern
Kyosho
Peabody Gallery
Stacks
Page H-3.5 ATTACHMENT A

CHESTNUT ST

CRANE ST

CURTIS ST

CHESTNUT ST
Yves Delorme
Ace Hardware
Ace Hardware #2
Mrs khan Uyghur Cuisine
(open)
Accent on Eyewear
Wells Fargo Bank
VACANT
(The Pet Place)
Penzeys Spices
(The Oriental Carpet
SB Fine Arts
Le Boulanger
Ruby
Bagel Street Café
Discovery Shop
Bank of the West
Goodwill Boutique
Mike’s Camera
VACANT
(Village Stationers)
VACANT
(Sole Desire)
Old World Designs
North
South
Match Line
Match Line
PLATE 2
S
(Privately
owned parking
in rear)
(Prefers no
street closure)

RYAN'S LN

ESCONDIDO LN
Carpaccio
Page H-3.6
VACANT
The Shop
VACANT
VACANT

CRANE ST

EVELYN ST
VACANT
(Flegel’s)
Subway
Avant Optometry
Frosch Travel
Posh Bagel
Rebarts
Baskin Robbins
Fleet Feet
Galata Bistro
Sense
Gitane
Pharmaca
Hoot’n Toot
Marcela’s Gallery
Robert Brian Hair Salon
Steven Miller's
Textures
DJ’s Hair Design
Mademoiselle Colette
Roma
Menlo Art Cleaners
SofaULove
Teresa’s Antiques
Rococo & Taupe
Menlo Hardwoods
Traditional Derby
Amici’s
Art Ventures Gallery
Camper
Central Bev
North
South
Match Line
Match Line
PLATE 3
F
(Does not want
street closed)
1 Restaurants
in closed
area;
3 not

UNIVERSITY DR
Page H-3.7
Coffeebar
Refuge

OAK GROVE PLAZA
Coffeebar is using two parking spaces on Chesnut St.and five spaces in the Oak Grove Plaza parking lot Refuge is using two parking spaces on Crane St
Page H-3.8
1 Outdoor Dining
Draft Design
Standards
City of Menlo Park
Page H-3.9 ATTACHMENT B
Attachment B - Draft Outdoor Dining Design Standards
2 OUTDOOR PARKLET DESIGN STANDARDS

SELECT A PARKLET TEMPLATES
Each template reflects conditions that generally exist for on-street parking spaces in commercial areas: parallel parking spaces, diagonal parking spaces, and special condition parklets. The applicant shall select a parklet template based on the existing conditions along the site frontage.

Special condition parklets allow for unique or site-specific conditions. Each special condition template has a unique icon that is used throughout these guidelines to indicate where a program requirement is specific to that special condition parklet.

Once the applicant has selected a parklet template, the applicant may then select an option for each of the design components listed on page 14. These include enclosure or platform materials, seating options, and other considerations. Parklets shall meet all additional design requirements listed on page 15.

A-1 PARALLEL SPACE PARKLET (1 PARKING SPACE)
The Parallel Parklet template occupying one parking space is a compact parklet that provides an intimate outdoor dining setting.

This template limits the maximum parklet area to one parking space and can be utilized in areas where available on-street parking spaces are limited.

Parklets proposed for perpendicular parking spaces can use a modified version of this template.

Parklet Template Options
A. Parklet in parallel parking space(s):
o A-1 One Space
o A-2 Two Space
B. Parklet in a diagonal parking space
C. Special Condition Parklets:
o C-1 Parklet/Sidewalk Café
Combination
o C-2 Parklet/Sidewalk Café Curb
Extension
o C-3 Parklet/Pedestrian Street
Combination
Page H-3.10
Attachment B - Draft Outdoor Dining Design Standards
3 A-2 PARALLEL SPACE PARKLET (2 PARKING SITES)
The Parallel Parklet template occupying two parking
spaces provides a larger outdoor dining setting.

This template limits the maximum parklet area to two
parallel parking spaces.

Parklets proposed for perpendicular parking spaces can
also use a modified version of this template.

B-DIAGONAL SPACE PARKLET
The Diagonal Space Parklet template
provides a larger outdoor dining setting.

When including the necessary setbacks,
this template would need three spaces.

Page H-3.11
Attachment B - Draft Outdoor Dining Design Standards
4 C-1 PARKLET/SIDEWALK CAFÉ COMBINATION
The Parklet/Sidewalk Cafe Combination template is for
conditions where an applicant has the opportunity to
incorporate both a sidewalk cafe and a parklet for a
combined space.

This Special Condition template can be used in either a parallel parking or diagonal parking site.

The combined space should be designed as a
comprehensively planned singular space.

C-2 PARKLET/SIDEWALK CAFÉ CURB EXTENSION

COMBINATION
The Parklet/Sidewalk Cafe Curb Extension Combination
template is provided for sites where a business would like to incorporate a sidewalk cafe on an adjacent curb
extension with a parklet.

This Special Condition template can be used in either a parallel or diagonal parking site adjacent to an intersection.

The combined space should be designed as a
comprehensively planned singular space.

Page H-3.12
Attachment B - Draft Outdoor Dining Design Standards
5 C-3 PARKLET/PEDESTRIAN STREET COMBINATION
The Parklet/Pedestrian Street Combination template is
designed with flexibility for parklets that are proposed on streets the City has permanently closed to vehicular throughtraffic to enable pedestrian access and circulation.

This template shall not be used where streets are only
temporarily closed.

Expanded seating areas would not be allowed unless the
supplementary seating is specifically reflected in plans submitted and approved by the City.

Page H-3.13
Attachment B - Draft Outdoor Dining Design Standards
6 SELECT PARKLET DESIGN COMPONENTS
Each of the Parklet templates can be constructed with a series of components of a variety of materials to ensure quality design and an enhancement of the public realm. The applicant shall select a feature from the Required Design Components, below, and then select additional, optional design features. The applicant may propose to use an alternative material that may be approved upon review by City staff.

REQUIRED DESIGN COMPONENTS OPTIONAL DESIGN COMPONENTS
Platform
Select one of the following:

Shading
Select one of the following:

Brick pavers ________ Concrete Pavers ________ Umbrella (Fire resistant) ___________
Fabric sail shade
(Fire resistant) __________ Wood boards ________ Other: __________________ Platform Support
Select one of the following:

Lighting
Select one of the following:

Wood platform support _____
Steel-frame
platform support _______
String Lights ___________
Light post __________
(No new foundations allowed)
Barriers
Select one of the following:

Overhead Structures as a Special Condition
Select one of the following:

Wood planter _________ Concrete Planter _______ Pergola ___________ Solid Roof ___________ Steel planter _________
Perforated steel
Railing _______
Tent/Membrane
Structure ___________
Other: ___________________
Tables and Seating
Select one of the following:

Other
Select one of the following:

Movable café tables
and chairs ________
Metal benches ________ Additional planters _________ Bike rack ___________ Wooden benches ________ Café counter ________ Portable heaters __________ Other: ___________________ A building permit is required for the installation of any platform, electrical, plumbing, mechanical, or other improvements such as cooling, electric heating, lighting, or roof structures. Heating devices are prohibited inside of cloths, umbrellas, tents, canopies, and membrane structures.

Page H-3.14
Attachment B - Draft Outdoor Dining Design Standards
7 DETAILED DESIGN STANDARDS
This section provides detailed requirements and standards that are applicable to all parklet templates. These requirements are established to maintain safety, accessibility, and an enhanced design that connects the public realm. The applicant’s compliance with these requirements shall be shown on the applicant’s site plan, submitted as part of the parklet permit application.

Parklet design elements and materials consist of the following elements, generally: (A) Location and Setback; (B) Platforms; (C) Railings or enclosures; and (D) Overhead Structures as a Special Allowance. Furnishing & Fixture Design Standards and General Operation & Maintenance Requirements for parklets and sidewalk cafes are at the end of the document.

A. LOCATION AND SETBACK CRITERIA
Parklets are generally allowed in commercial districts along the curbside on public streets where on-street parking spaces exist. However, parklets are not allowed along El Camino Real because it is a State-controlled roadway and is not under the City’s jurisdiction. Parklets are not allowed in ADA/handicap parking spaces or red curb zones. Parklets proposed in loading zones and in parking spaces with time limits of less than 1-hour will be considered on a case by case basis.

1. Permitted areas within City: Outdoor Parklets & Sidewalk Cafes are intended for outdoor dining within the Downtown Business District and other commercially zoned areas where outdoor uses are permitted.

2. Parklet Size
 A typical parklet occupies no more than 360 square feet (the space of 2 parallel parking spaces). Parklets that occupy more than 360 square feet may be approved at the City’s discretion.
 A parklet located in an angled space shall occupy a
minimum of 3 diagonal spaces to allow for sufficient
buffering to vehicles parking in adjacent parking spaces.

This may be reduced to 2 diagonal parking spaces where a parklet is proposed in combination with a curb extension.

Page H-3.15
Attachment B - Draft Outdoor Dining Design Standards
8 3. Parklet Setback Requirements
 2.5-feet from driveway flare
 2-feet from the travel lane (1-foot from the travel lane may be acceptable where the travel lane is 11 or 12-feet in width), measured from the parking striping adjacent to the travel lane. Where the parking striping does not exist, the applicant shall confirm with City staff the width of the travel lane measured from the street centerline and provided the setback from the identified travel lane edge. The 2-foot setback must be kept clear at all times, unless occupied by reflective delineator posts or their equal  2-feet from a bike lane
 3-feet from the side to the adjacent parking space, parallel or diagonal.

Where parking striping does not exist, the applicant shall confirm with City staff the width and location of each parking space and shall measure the setback from the identified parking space location

4. Crosswalk & Bulb-out Setback: When located near an intersection, parklets must be located at least 20-feet from the nearest boundary (edge of the crosswalk that is closest to the parklet) of a crosswalk at the nearest intersection or street corner. A curb extension (commonly referred to as a “bulb-out”), some other physical barrier that would protect the parklet in a corner location, or other specific site condition may allow the City to consider variations from the 20-foot minimum requirement. (see design example)

5. Other Location Criteria:
 Utilities: Parklets may not be constructed over or obstruct utility access panels, manhole covers, storm drains, survey monuments, or fire hydrants. Be sure to take a thorough inventory of utility access covers in your proposed parklet area by working with city staff to determine utility locations, surveying your proposed parklet area, and checking under parked cars.  A minimum clearance of 8-feet from storm drains and manhole covers will be required to allow for maintenance access.  Parklets proposed under overhead utility lines will be required to meet the minimum distance requirements as established by the CPUC.
 Parklets that block the outlet of a sidewalk underdrain will be required to ensure the outlet is functional and flowing. Median Page H-3.16
Attachment B - Draft Outdoor Dining Design Standards
9  Parklet sponsors must provide for access to any City or utility company that may have underground conduits beneath the constructed parklet at all times, or immediately following a request for access. No notice can be guaranteed for emergency access to underground utilities. For planned access, 72-hour notice will be issued to the parklet sponsor. Access to utilities may require that a parklet sponsor temporarily remove all or a portion of the constructed parklet at the parklet sponsor/owner’s expense.
 Fire Hydrants: Fire hydrants shall not be blocked and parklet owners must maintain a 15-foot clearance around the hydrant  Fire District Connections (FDCs): to maintain access to FDCs, five-foot wide openings should be provided between every two adjacent parklets (and no more than 75-feet apart).

B. PARKLET PLATFORM DESIGN CRITERIA

1. Materials: Platforms must be constructed with durable, fire resistant materials and be able to withstand the effects of the outdoor environment. Examples: naturally durable wood,
preservative-treated wood, or other engineered material suitable for exterior conditions.
 Concrete platforms are not permitted; however, you may use concrete pavers on a platform structure.
 Surface materials must be textured or treated with a nonskid coating to ensure a safe walking surface. Loose particles, such as sand and loose stone, are not permitted.  Applicants interested in utilizing fabric sails or other architectural features which may “catch” wind, must
provide proof of wind loads.

PLATFORM AND SIDEWALK LEVELING
Page H-3.17
Attachment B - Draft Outdoor Dining Design Standards
10 2. Maintain access to utilities: Parklets must be designed to provide access to site-specific utilities, such as storm sewer covers, utility cabinets, and underground vaults, by employing in their design and construction access panels or removable pavers.
 A minimum 15-foot clearance shall be maintained from
a fire hydrant and all other fire appurtenances

3. Platforms must be flush and even with the sidewalk and must not leave a gap greater than one-half (1/2) an inch, nor a vertical separation greater than one-quarter (1/4) inch.

4. A parklet platform or it’s enclosure shall not be mounted on wheels

5. Drainage, Ventilation and Rodent Proofing: Platforms shall allow curbside draining flow with the following:
 A four-inch (4”) height by six-inch (6”) width minimum clear gutter space shall be provided along the entire length of the proposed platform
 Openings under the platform shall be screened with
corrosion-resistant material with a maximum one quarter inch mesh to prevent rodent access and debris buildup
beneath the platform and in the gutter
 The parklet permittee shall clean covers or screens to prevent any blockage of flow in the gutter
 All parklets shall provide access through the parklet platform or threshold to the gutter adjacent to the curb.

Access may be provided through removable panels, pavers, or other means.

6. Bolting Not Allowed: At no time may structures be bolted or affixed in any way to the roadway or any structure (including but not limited to: buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.).

CURBSIDE DRAINAGE

PEDESTAL SYSTEM LEVELING
Page H-3.18
Attachment B - Draft Outdoor Dining Design Standards
11  An exception to this is that wheel stops for traffic protection must be bolted to the roadway as described in the Traffic Protection section of these Guidelines. However, in case of removal, the establishment shall be responsible for repairing the pavement holes at the permit holder’s expense.

7. Sub-structure: Designs for the sub-structure of a parklet vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the parklet.  “Bison pedestals” spaced under the surface and of different heights are a common application. Another method is to provide steel sub-structure and angled beams.

8. ADA Accessibility: All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations and guidelines of the California Building Code and Americans with Disabilities Act.  Accessible Platform Surface: The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed 2%. Platform surface shall be made of slip resistant material.
 Accessible entry: Shall be a minimum of 48 inches wide.  Accessible path of travel: It must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space.

SUBSTRUCTURE OR PLATFORM LEVELING
Page H-3.19
Attachment B - Draft Outdoor Dining Design Standards
12  Wheelchair turning space: Shall be 60 inches in diameter and located entirely within the platform; a 12-inch maximum overlap on the curb and sidewalk is acceptable.
 Wheelchair landing: A 30- by 48-inch clear floor area. It’s permitted to overlap with the Wheelchair Turning Space by 24-inches maximum in any orientation.

C. BARRIERS, RAILINGS, OR ENCLOSURES
The parklet railing or enclosure marks the boundary between the parklet and the street or sidewalk. Traffic barriers are required to surround the parklet on three sides to protect from oncoming traffic and patrons inadvertently entering the vehicular way. It should serve as a safe edge while also being visually appealing, permeable, and inviting. The following standards and guidelines should inform your design:

1. Barriers, Railings or Enclosures must be stable and sturdy enough not to fall over or be pushed over (must withstand 250-lbs of force).

2. Edge Buffers: the parklet should have an edge as a buffer from the street. This can take the form of planters, railing, cabling, or some other appropriate enclosure.

WHEELCHAIR ACCESS
Page H-3.20
Attachment B - Draft Outdoor Dining Design Standards
13 3. Height: The height should not exceed 36-inches from the parklet platform floor to the top of the railing.  Wind barriers taller than 36-inches shall incorporate transparent materials like acrylic, plexus-glass, plastic films. Wind barriers shall be installed and engineered to withstand wind loads, in conformance with any necessary building permits. The height of the railing, including the transparent materials, should
not extend more than 6 feet from the floor
platform, unless it is designed within an
overhead structure per requirements for
overhead structures.
 Openings in rails must prevent passage of 4-
inch sphere.

4. Visibility: The enclosure should not block the view of conflicting movements of traffic, including pedestrian
traffic, nor block the view of traffic control devices
such as traffic signs, traffic signals, and other traffic warning devices.

5. Reflectors: All railings/enclosures must have retroreflective reflectors or retro-reflective tape on the corners of the parklet facing the travel lane such that they are visible by vehicle traffic at night.

6. To accommodate seasonal conditions, the applicant may propose alternative platform and wind barrier materials and designs for review and approval by City.

7. Posts or Bollards: Parklets shall have vertical elements that make them visible to traffic, such as flexible posts or bollards both with retroreflective tape. One possible measure are safe hits posts (as shown in the picture below). These vertical elements shall be placed 2 feet from the edge of the parklet on both sides of the parklet not adjacent to the travel lane. Structural bollards may be required if deemed necessary by the City.

PLATFORM BARRIER HEIGHT
Page H-3.21
Attachment B - Draft Outdoor Dining Design Standards
14 D. OVERHEAD STRUCTURES AS A SPECIAL ALLOWANCE
Overhead structures are not used in typical parklets and require a special allowance with a longer approval process subject to staff discretion.

Typical parklets preferred by the city include the use of colorful umbrellas, fabric awnings, or other retractable and soft material for shading that still allow light to the public realm. Where allowed, overhead structures are located on either side of the sidewalk, preferably adjacent to the building.

1. A building permit is required for the installation of any roof or overhead structure and is subject to review by the city.

2. A site plan and elevation drawing of the parklet
shall be provided with a structural engineer or
architect’s stamp if the applicant proposes to
include an overhead structure, such as a pergola
or other affixed roof structure. Umbrellas or fabric
sail shades are not considered overhead
structures. However, umbrellas and fabric sail
shades must be identified in the site plan for the
city to review for compliance with standards such
as sight lines, height, wind/fire resistance, etc.

3. The City will review any proposed overhead
structures to ensure that sufficient visibility for
pedestrians, traffic, businesses, and other sitespecific conditions, are properly maintained. The city may require modifications or deny the proposed overhead structure.

4. The minimum vertical clearance for an overhead structure within the parklet footprint, a sidewalk cafe, or curb extension is 7 feet above the finished floor level.

5. In order to ensure motorist sight lines at street intersections, overhead structures or other parklet feature higher than 36 inches are prohibited within a 30-foot vision triangle measured from the intersection of the curb or curb extension line.

6. Parklets with overhead structures may only be placed where a minimum 8-foot pedestrian clearance is provided along the pedestrian path.

No portion of the structure may encroach within this clearance.

OVERHEAD STRUCTURE CLEARANCES
Page H-3.22
Attachment B - Draft Outdoor Dining Design Standards
15 7. Overhead structures shall maintain a visual connection to the street by designing the structure to provide some openness with transparent wind barriers required in C.4. on page 32 or with openings in the enclosure. Shading materials should be soft to reduce prominence and retractable so it can be pulled back when not in use or when more light is desired in the space.

8. Any fabric, membrane shade, or other weather protection, including umbrellas and tents of any size, needs to be constructed of fireresistant treated material as per the California Code of Regulations, Title 19, Division 1, Section 315(a). Heating devices within overhead structures shall meet requirements on page 28.

VISION TRIANGLE
Page H-3.23
Attachment B - Draft Outdoor Dining Design Standards
16 SIDEWALK CAFÉ PROGRAM OVERVIEW
SECTION 2. SIDEWALK CAFÉ PROGRAM

PURPOSE
The purpose of these guidelines is to help clarify and provide standards for sidewalk cafe uses in order to enhance the quality and safety of the pedestrian experience and reinforce a sense of place and economic vitality. These guidelines and requirements are established to achieve the Outdoor Dining goals by maintaining safety, accessibility, and an enhanced design that connects the public realm. Compliance with all applicable sections of these guidelines is required at all times.

DEFINTION OF A SIDEWALK CAFÉ
An outdoor area located on the public right-of-way within the sidewalk area which is used to provide more space and amenities for Outdoor Dining operated and maintained by the business establishment conducting the Outdoor Dining.

SIDEWALK CAFÉ AREA
The sidewalk cafe area can be defined as one or a combination of:

1. The space delineated by the facade of the building to the adjacent street, perpendicular to the public right-of-way.

2. The recessed entries immediately adjacent to the outdoor sidewalk cafes.

3. Certain alleys determined by the city that are adjacent to the operating business.

SIDEWALK CAFÉ AREA CLEARANCE REQUIREMENTS
The cafe operators are required to maintain all minimum distances and clearance requirements at all times: Minimum 5-foot pedestrian path clearance; min. 5-foot entrance clearance radius; and min. 5-foot pedestrian path at crosswalks from edge of curb at all times. City staff will perform compliance inspections. Application submittals are required to comply with all Americans with Disabilities Act (ADA) requirements.

MOVEABLE IMPROVEMENTS
The sidewalk cafe area contains various sidewalk patterns which affect the placement of improvements such as tables and chairs in the public right-of-way. The installation of these improvements is considered temporary in nature. The operator shall locate moveable flower boxes or planters adjacent to the street in such a way as to visually define and contain the sidewalk cafe area. The sidewalk cafe improvements shall be set up during the applicable hours of operation.

PERMANENT IMPROVEMENTS
Unless the applicant obtains a building permit and a revocable license agreement, the operator shall not make any permanent changes, such as building structures or bolting tables to the ground. Permanent improvements within sidewalk areas must be in conformance with the applicable provisions and guidelines of the California Building Code and the Americans with Disabilities Act (ADA) accessibility requirements, and all other life, health, and safety requirements.

Page H-3.24
Attachment B - Draft Outdoor Dining Design Standards
17 SIDEWALK CAFÉ ZONES
Any sidewalk cafe area may be viewed as containing
several functional zones which must be respected at all times. The El Camino Real and Downtown Specific Plan
establishes sidewalk functional zones, ensuring a
pedestrian clear zone and more pleasant and functional
sidewalks. Understanding these zones will assist the
applicant in determining the best layout for their sidewalk cafe area. These zones include:
 Sidewalks: The area dedicated to pedestrian activity
made up of the building frontage, pedestrian thru, and
furnishing zones, and adjacent to the curb parking or
street traffic zone.
 Building Frontage Zone: The area of a public sidewalk located between the pedestrian thru zone and adjacent
building or property line, assuming the sidewalk
dimension allows for it. Depending on the location of
the building, a frontage zone may accommodate
outdoor seating and planting
 Pedestrian Thru Zone: Allows for unimpeded
pedestrian circulation, free of all obstruction, including utility boxes and fences for outdoor dining.
 Furnishing Zone: The buffer between the pedestrian
thru zone and curb parking/street traffic. The furnishings zone accommodates public amenities such as street trees, streetlamps, benches, bike racks, kiosks, news racks, mailboxes, transit shelters, public art, plantings, utility poles and utility boxes. In some cases, the furnishings zone is also used for outdoor seating and dining by shops, cafes, and restaurants.  Curb Parking Zone: The interface between the roadway and sidewalk and accommodates vehicular parking, and in most cases parklets.

Sidewalk Cafes are permitted in the Building Frontage Zone and Furnishing Zone.

Page H-3.25
Attachment B - Draft Outdoor Dining Design Standards
18 FURNISHINGS & FIXTURE DESIGN STANDARDS FOR PARKLETS AND SIDEWALK CAFÉS

FURNISHINGS AND FIXTURES DESIGN STANDARDS
All furnishings and fixtures in parklets and sidewalk cafes shall comply with the California Building Code, California Fire Code, and the Americans with Disabilities Act accessibility requirements.

1. TABLES, CHAIRS, AND SEATING
Tables and chairs shall match and be made of
safe, sturdy, and durable material, such as wood,
steel, plastic, and wrought iron. All furniture shall
be commercial grade and manufactured for
outdoor commercial use. Vinyl tablecloths are not
recommended.
 As a general recommendation, round
tables should be no larger than 2½ feet
wide and square tables should be no larger
than 3 feet wide. Tables shall meet
clearance requirements for parklets and
sidewalk cafes.
 Accessible seating shall be provided and
comply with the following California
Building Code Sections:
i. 11B-305 Clear floor space of 30” by
48” at 5% of seating
ii. 11B-306 Minimum knee and toe
clearances
 Seating in Sidewalk Cafes: Small round or
square tables shall seat no more than four people unless otherwise approved by the City, subject to compliance with any required pedestrian clearance. Use of larger tables may be granted by the City provided that all clearance requirements are met.

FURNISHINGS & FIXTURE DESIGN STANDARDS
Page H-3.26
Attachment B - Draft Outdoor Dining Design Standards
19 2. FURNISHINGS IN IMPROVEMENT
Furnishings and fixtures must be designed to be weighted down (or fixed to parklet) for wind protection. Items may need to be stored inside the business during periods of high winds. Please ensure that the weights used do not create tripping hazards for pedestrians. No furniture or any parts of a parklet or sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, signs, sidewalk, streetlight, fire hydrant, or other public fixture within or near the licensed area.

3. FIRE RESISTANT MATERIALS
Any fabric, membrane shade, or other weather protection, including umbrellas and tents of any size, needs to be
constructed of fire-resistant treated material as per the California Code of Regulations, Title 19, Division 1, Section 315(a). Fire-resistant materials must have documentation of a California State Marshal’s Seal on all panels, or meet NFPA 702 testing requirements by a NRTL, or meet CPAI 84 standards.

4. PORTABLE HEATERS & OTHER HEATING DEVICES
Heating devices may be electric, propane, or natural gas powered, and shall meet the following requirements:
 Heating devices are prohibited inside of tents,
canopies, and membrane structures.
 A minimum 5-foot clearance shall be provided
between a building and the heating device.
 A minimum 5-foot clearance shall be provided between combustible materials and a heating device.  A minimum 5-foot clearance shall be provided between exits or exit discharges and a heating device.  Propane or natural gas heating devices shall have a tip over switch that shuts off the flow of gas.  Propane or natural gas heating devices shall have a maximum of 20 pounds’ capacity gas container.  Gas heating appliances are NOT permitted on wood-based parklets, only electrical

5. SHADING & UMBRELLAS
 Individual canvas or other non-vinyl umbrellas of a compatible design may be permitted in the right-of-way and shall not extend over the Pedestrian Zone.

HEATING DEVICES
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Attachment B - Draft Outdoor Dining Design Standards
20  Umbrellas shall be made for outdoor commercial use subject to City approval. Any fabric, membrane shade, or other weather protection, including umbrellas and tents of any size, needs to be constructed of fire-resistant treated material as per the California Code of Regulations, Title 19, Division 1, Section 315(a). Fire-resistant materials must have documentation of a California State Marshal’s Seal on all panels, or meet NFPA 702 testing requirements by a NRTL, or meet CPAI 84 standards.  Umbrellas must be at least 80-inches above the parklet platform or sidewalk.  Umbrellas and shading must not block sight lines for traffic or pedestrians in crosswalks.

6. ELECTRICAL CONNECTIONS
Electrical service to any parklet requires a permit. All wiring and electrical cords must be exterior rated, GFCI protected, and UL listed.

Electrical extension cords between buildings and a parklet are not allowed.  Cords within the parklet must not create tripping hazards on the sidewalk.  The use of adapters is prohibited.
 Businesses are not allowed to tap into existing City electrical connections such as twinkle light outlets or streetlight poles.  Generators are not allowed in association with parklets.

7. LIGHTING
Lighting is encouraged and may be provided through separately permitted electrical connections to the building. Solar powered (small scale) or battery powered lighting is encouraged.
 Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles, bicyclists, or pedestrians.  Light strings must be hung to allow for a minimum clearance of 10 feet above the sidewalk and the platform of the parklet.  Candles and open flames are prohibited within a parklet.  No new foundations are permitted for light poles.

8. SIGNAGE
Non-illuminated signs are allowed provided the sign area does not exceed 6 square feet (24 inches by 36 inches). Sign copy is limited to business identification, except that if the parklet is meant to serve the general public, signage should reflect such. If the parklet is meant to serve as restaurant seating, signage should correlate in design with the signage on the primary building.  Menu Boards & Signs in Sidewalk Cafes: Menu boards, both portable and on walls, shall be subject to sign permit approval and shall comply with the Menlo Park Sign Ordinance.

9. LANDSCAPING AND PLANTERS
All planters and planting areas must contain seasonal blooming live plants year round. The sidewalk café and/or parklet owner shall be responsible for the prompt removal of all empty or poorly maintained planting areas. Landscaping and planters must be maintained, kept healthy and free of litter/debris at all times.

Page H-3.28
Attachment B - Draft Outdoor Dining Design Standards
21  Neither the planter or plant material shall impede or hinder pedestrian and vehicular visibility.  Landscaping or planter options include planter boxes within the setback area or serving as the parklet platform enclosure; hanging planters; or raised planter beds.
 Plants must be drought tolerant and/or native. Edible or fragrant plants are encouraged. Plants that have thorns, spikes, or sharp edges, or that are poisonous or invasive, are not permitted.  Parklet Landscaping & Planters Standards:
i. Planters are allowed within the parklet setback area. ii. The height shall be between 30 and 36-inches in height. iii. The height of plants within planters in parklet setback areas or planters serving as parklet platform enclosures shall not exceed 6-inches in height.
 Sidewalk Café Landscaping & Planters Standards:
i. The cafe owner may use flower boxes or planters to define the boundaries of the cafe seating area. ii. To avoid blocking the patron’s vision while seated, the combined height of the planters and live plants shall not exceed 4 feet from sidewalk grade.
iii. The boxes or planters in Sidewalk Cafes shall be no greater in height than 2½ feet and no wider than 2 feet at the base. iv. Plant materials and containers shall remain at or below shoulder height of a seated person so as to not block visibility of the seating area.
v. The flower boxes, planters, and storage bins shall be portable and be made of safe, durable and attractive material such as wood or steel.

10. BARRIERS/FENCES
 Parklet Barriers/Fences: Refer to Parklet Design Standard Section C. “Platform barriers, railings, or enclosures”  Sidewalk Café Barriers/Fences: Barriers should provide visual and physical connections with the surrounding public realm. Barriers should have a low height that allow views into and out of the space with at least one opening between barriers for an area of passage. The use of barriers should be limited and only occur where needed. All in-ground improvements require a building permit and/or license agreement which are subject to approval by the Engineering Department. All barriers and fences shall be shown on the application site plan and are subject to approval by the City.

11. TRASH RECEPTACLES
The number, type, and location of trash receptacles shall be determined by the City and shall comply with the public right-of-way access code. Trash receptacles shall be made of durable material to match the existing facade and shall be commercial grade as determined by the City.

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