Menlo Park City Council
February 14, 2023

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

REGULAR MEETING AGENDA
Date: 2/14/2023
Time: 6:00 p.m.

Locations: Zoom.us/join – ID# 860 1863 6903 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
NOVEL CORONAVIRUS, COVID-19, EMERGENCY ADVISORY NOTICE
Consistent with Cal. Gov. Code §54953(e), and in light of the declared state of emergency, and maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting and participate using the following methods.

How to participate in the meeting
• Submit a written comment online up to 1-hour before the meeting start time:
[email protected]
Please include the agenda item number you are commenting on. • Access the meeting real-time online at:

Zoom.us/join – Meeting ID 860 1863 6903
• Access the meeting real-time via telephone at:
(669) 900-6833
Meeting ID 860 1863 6903
Press *9 to raise hand to speak
• Watch meeting:
• Cable television subscriber in Menlo Park, East Palo Alto, Atherton, and Palo Alto:

Channel 26
• City Council Chambers
Note: City Council closed sessions are not broadcast online or on television and public participation is limited to the beginning of closed session.

Subject to Change: Given the current public health emergency and the rapidly evolving federal, state, county and local orders, the format of this meeting may be altered or the meeting may be canceled. You may check on the status of the meeting by visiting the city website menlopark.gov. The instructions for logging on to the webinar and/or the access code is subject to change. If you have difficulty accessing the webinar, please check the latest online edition of the posted agenda for updated information (menlopark.gov/agendas).

According to City Council policy, all meetings of the City Council are to end by midnight unless there is a super majority vote taken by 11:00 p.m. to extend the meeting and identify the items to be considered after 11:00 p.m.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
February 14, 2023

Regular Session
A. Call To Order
B. Roll Call
C. Agenda Review
D. Report from Closed Session
E. Public Comment
Under “Public Comment,” the public may address the City Council on any subject not listed on the agenda. Each speaker may address the City Council once under public comment for a limit of three minutes. You are not required to provide your name or City of residence, but it is helpful. The City Council cannot act on items not listed on the agenda and, therefore, the City Council cannot respond to non-agenda issues brought up under public comment other than to provide general information.

F. Presentations and Proclamations
F1. Proclamation: Black History Month
Not a California Environmental Quality Act (CEQA) project.

F2. Presentation: Youth Poster Exhibition: "What Black History Means to Me" (Attachment) Not a CEQA project.

G. Consent Calendar
G1. Accept the City Council meeting minutes for January 10 and 24, 2023 (Attachment) Not a CEQA project.

G2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #23-025-CC)
Not a CEQA project.

G3. Authorize the city manager to execute the first amendment to the funding agreement with the Bohannon Development Company and adopt a resolution authorizing the city manager to execute deeds and easements for the Chrysler Pump Station (Staff Report #23-026-CC) Not a CEQA project.

G4. Adopt a resolution supporting the City’s shuttle program for application for the San Mateo County Shuttle Program fiscal year 2023-24 and 2024-25 and authorize the city manager to enter into funding agreements (Staff Report #23-027-CC)
Not a CEQA project.

G5. Approve the Environmental Quality Commission’s annual work plan (Staff Report #23-034-CC) Not a CEQA project.

G6. Adopt a resolution approving the City Council Community Funding Subcommittee’s City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
February 14, 2023

recommendations for 2022-23 community funding allocations (Staff Report #23-033-CC) Not a CEQA project
H. Public Hearing
H1. Adopt a resolution to abandon two ten-foot wide public utility easements along the northeasterly side (rear) of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive; determine this action is categorically exempt under California Environmental Quality Act Guidelines Section 15305 Class 5 exemption for minor alterations in land use limitations (Staff Report #23-028-CC) (Attachment) I.

I1.

I2.

I3.

Regular Business
Provide direction on the preferred bikeway design for Middle Avenue and adopt a resolution to install no parking zones on Middle Avenue; determine this action is statutorily exempt as defined by Public Resource Code Section 21080.25 (Staff Report #23-032-CC) Preliminary considerations for selecting an aquatics operator for the Burgess Pool and the future Menlo Park Community Campus aquatics center (Staff Report #23-036-CC) (Attachment) Not a CEQA project.

Direction on Finance and Audit Committee composition (Staff Report #23-029-CC) (Attachment) Not a CEQA project.

J. Informational Items
J1. City Council agenda topics: February 28 – March 14, 2023 (Staff Report #23-035-CC) Not a CEQA project.

J2. Proposed cultural and community events grant program (Staff Report #23-030-CC) Not a CEQA project.

J3. Transmittal of city attorney billing (Staff Report #23-031-CC) Not a CEQA project.

J4. Police department quarterly update – Q4 September 2022 – December 2022 (Staff Report #23-037-CC)
Not a CEQA project.

K. City Manager's Report
L. City Councilmember Reports
M. Adjournment
At every regular meeting of the City Council, in addition to the public comment period where the public shall have the right to address the City Council on any matters of public interest not listed on the agenda, members of the public have the right to directly address the City Council on any item listed on the agenda at a time designated by the chair, either before or during the City Council’s consideration of the item.

At every special meeting of the City Council, members of the public have the right to directly address the City Council on any item listed on the agenda at a time designated by the chair, either before or during consideration of the item.

For appeal hearings, appellant and applicant shall each have 10 minutes for presentations.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
February 14, 2023

If you challenge any of the items listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Menlo Park at, or before, the public hearing.

Any writing that is distributed to a majority of the City Council by any person in connection with an agenda item is a public record (subject to any exemption under the Public Records Act) and is available by request by emailing the city clerk at [email protected]. Persons with disabilities, who require auxiliary aids or services in attending or participating in City Council meetings, may call the City Clerk’s Office at 650-330-6620.

Agendas are posted in accordance with Cal. Gov. Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website at menlopark.gov/agendas and can receive email notification of agenda postings by subscribing at menlopark.gov/subscribe. Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 2/9/2023) F2-PRESENTATION

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING MINUTES – DRAFT
Date: 1/10/2023
Time: 6:00 p.m.

Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Regular Session
A. Call To Order
Mayor Wolosin called the meeting to order at 6 p.m.

B. Roll Call

Present: Combs, Doerr, Nash, Taylor, Wolosin

Absent: None
Staff: City Manager Justin I. C. Murphy, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren
C. Agenda Review
The City Council pulled items E1., E2., E3., and E5.

D. Public Comment
• Lynne Bramlett spoke in support of drafting and reviewing the City’s mission statement as part of the annual goals/priorities (Attachment).

E. Consent Calendar
E1. Accept the City Council meeting minutes for November 15 and 30 and December 6, 13, and 21, 2022 (Attachment)
The City Council provided edits to the November 15, 2022 minutes.

ACTION: Motion and second (Taylor/ Wolosin), to accept the City Council meeting minutes for November 15 and 30 and December 6, and 13, 2022 with edits, passed 4-0 (Doerr abstaining).

E2. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #23-003-CC)
The City Council discussed adding a permanent hybrid meeting option for advisory bodies.

The City Council received clarification on upcoming Assembly Bill 2449 requirements for virtual and hybrid meetings.

AGENDA ITEM G-1 Page G-1.1

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
January 10, 2023

E3. Adopt a resolution amending City Council Policy CC-22-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities (Staff Report #23-004-CC) • Lynne Bramlett spoke in support of a formal review of City commissions and committees (Attachment).

The City Council discussed City Council “members” on the Finance and Audit Committee (FAC).

E4. Authorize the city manager to execute an agreement with LookingPoint for the replacement of network switches in an amount not to exceed $113,000 (Staff Report #23-005-CC) E5. Transmittal of the annual report on the status of the transportation impact, storm drainage, recreation in-lieu and construction impact fees collected as of June 30, 2021 (Staff Report #23-001-CC)
The City Council discussed transportation impact fees and received clarification on findings for the Chilco Street project.

E6. Adopt a resolution authorizing the city manager to execute a continued funding application with the California Department of Education for continued funding of the Belle Haven Child Development Center operational costs in fiscal year 2023-24 (Staff Report #23-006-CC) ACTION: Motion and second (Taylor/ Nash), to approve consent calendar items E4. and E6., passed unanimously.

ACTION: Motion and second (Taylor/ Nash), to approve the consent calendars E2., E3., E5., passed unanimously.

F. Public Hearing
F1. Adopt a resolution to approve the use permit and architectural control approvals for the Menlo Uptown development project to allow for the potential removal of infrastructure investments at Willow Road and Bay Road from the project conditions of approval; to authorize the city manager to sign a modified public improvement agreement for the Menlo Uptown development; and to authorize the removal of condition of approval 2.ww.ii (Staff Report #23-007-CC) Assistant Public Works Director Hugh Louch introduced the item (Attachment).

Mayor Wolosin opened the public hearing.

Mayor Wolosin closed the public hearing.

The City Council provided additional information about the genesis of this item and discussed reviewing the transportation impact analysis guidelines ACTION: Motion and second (Combs /Nash), to adopt a resolution to 1) approve the use permit and architectural control revisions to modify the conditions of approval for the Menlo Uptown development project to allow the City Council to consider removal of infrastructure investments at Willow Road and Bay Road from conditions of approval; 2) update the public improvement agreement for the Menlo Uptown development to remove the infrastructure investments at Willow Road and Bay Road; and 3) authorize the Page G-1.2

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
January 10, 2023

removal of condition of approval 2.ww.iii, passed unanimously.

G. Regular Business
G1. Appoint City Council representatives and alternates to various local and regional agencies and as liaisons and members to City Council advisory bodies (Staff Report #23-010-CC) City Clerk Judi A. Herren introduced the item.

The City Council discussed the composition of the FAC, Palo Alto Community Fund Advisory Board, updating Menlo Park City School Districts to School Districts and Community Trust, School Districts representatives, East Palo Alto and Palo Alto to reestablish quarterly meetings, the inclusion of a Searsville Advisory Group representative, and requested that City Councilmembers appointed to serve on Bay Area Water Supply & Conservation Agency and their Bay Area Regional Water System Financing Authority to resign when their City Council term is concluded.

The City Council directed staff to return with an item to discuss City Council “members” on the FAC, and tabling appointing liaisons to the School Districts, Menlo Park Fire Protection District, and Grand Blvd Initiative Task Force until needed.

ACTION: Motion and second (Taylor/ Doerr), to make appointments representatives and alternates to various local and regional agencies and as liaisons to City Council advisory bodies, passed unanimously. (Attachment).

H. Informational Items
H1. City Council agenda topics: January 24 – February 14, 2023 (Staff Report #23-008-CC)

H2. Transmittal of city attorney billing (Staff Report #23-009-CC)

H3. Update on draft outdoor dining design standards (Staff Report #23-011-CC) The City Council received clarification on expanding design standards to outdoor retail.

I. City Manager's Report
City Manager Justin Murphy reported out on chambers audio upgrades, recent new hires and promotions, recent and upcoming storms, stop sign installation, and Planning and Housing Commissions joint meeting Jan. 12.

J. City Councilmember Reports
City Councilmember Nash reported out on Green, Blue, and You upcoming community events (Attachment).

Vice Mayor Taylor reported out on creating a report out document for City Councilmember reports.

City Councilmember Doerr reported out on office hours on Jan. 11 at the Woodside Bakery.

Page G-1.3

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
January 10, 2023

K. Adjournment
Mayor Wolosin adjourned the meeting at 8:30 p.m.

Judi A. Herren, Assistant to the City Manager/City Clerk Page G-1.4

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING MINUTES – DRAFT
Date: 1/24/2023
Time: 6:00 p.m.

Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Regular Session
A. Call To Order
Mayor Wolosin called the meeting to order at 6:01 p.m.

Mayor Wolosin called for a moment of silence in light of recent tragedies in California.

B. Roll Call

Present: Doerr, Nash, Taylor, Wolosin

Absent: Combs
Staff: City Manager Justin I. C. Murphy, Assistant City Attorney Denise Bazzano, Assistant to the City Manager/City Clerk Judi A. Herren
C. Agenda Review
The City Council pulled items F3. and F4.

D. Public Comment
• Solo Aquatics Coach Tom McRae spoke on the aquatics request for proposal. • HIP Housing Event Organizer Chris Sturken spoke on the 2023 HIP Housing calendar.

E. Presentations and Proclamations
E1. Proclamation: National Human Trafficking Awareness Month (Attachment)

Mayor Wolosin read the proclamation (Attachment).

San Mateo County Human Trafficking Program Coordinator Pamela Estes accepted the proclamation.

E2. Presentation: Update on recent storms
City Manager Justin Murphy made the presentation and recognized City staff (Attachment).

F. Consent Calendar
F1. Accept the City Council meeting minutes for December 21, 22, 2022 and January 5 and 9, 2023 (Attachment)
Page G-1.5

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
January 24, 2023

F2. Approve the Housing Commission 2022-23 work plan (Staff Report #23-012-CC) • Lauren Bigelow spoke in support of a dedicated housing manager and additional staff support in the housing department.

F3. Adopt a resolution authorizing submittal of a State Department of Water Resources Urban Community Drought Relief Grant Program application for the automated meter infrastructure, water main replacement and reservoir no. 2 roof replacement projects; authorize the public works director to execute the financial assistance agreement if awarded a grant (Staff Report #23-013-CC)
The City Council discussed the Water Resources Urban Community Drought Relief Grant Program, how to take on additional drought efforts, and to support all Menlo Park communities.

F4. Receive and file 2021 priorities, work plan quarterly report as of December 31, 2022 and advisory body work plan update (Staff Report #23-015-CC)
The City Council discussed new City Council requests or direction to advance new initiatives and adding to future staff report, links on the attachments to previously related staff reports.

F5. Adopt a resolution to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings (Staff Report #23-017-CC)
F6. Appoint a representative to the Bay Area Regional Water System Financing Authority (Staff Report #23-018-CC)
F7. Authorize the city manager to execute a revised agreement with HdL Companies for economic development services (Staff Report #23-020-CC)
ACTION: Motion and second (Taylor/ Doerr), to approve the consent calendar, 4-0 (Combs absent).

G. Regular Business
G1. Provide direction regarding City Council Procedure CC-86-0001, “Naming and/or changing the name of facilities” (1986); and a process to identify a name for the Menlo Park Community Campus project now under construction (Staff Report #23-014-CC)
Library and Community Services Director Sean Reinhart made the presentation (Attachment). • Israel Harris spoke in support of the joint Library and Parks and Recreation Commissions meeting and suggested to focus on one name for the Menlo Park Community Campus (MPCC). • Pam Jones spoke in support of providing information and conducting meetings in English and Spanish.

The City Council received clarification on the Feb. 22 Parks and Recreation Commission meeting, overall naming timeline, and how to advertise and receive community feedback.

The City Council discussed the proposed changes provided by staff related City Council Procedure #CC-86-0001 and the joint meetings with Library and Parks and Recreation Commissions related to Page G-1.6

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
January 24, 2023

the MPCC naming.

The City Council directed the MPCC naming meetings be offered in English and Spanish.

H. Informational Items
H1. City Council agenda topics: January 31 – February 28, 2023 (Staff Report #23-016-CC) H2. Update on the Middle Avenue complete streets project (Staff Report #23-019-CC) H3. Menlo Park Community Campus project updates (Staff Report #23-021-CC) • Marlene Santoyo spoke on community access to the MPCC and including the environmental justice and social justice elements in the housing element.

The City Council discussed community meetings.

H4. Personnel activity report as of December 31, 2022 (Staff Report #23-022-CC) H5. Electric vehicle charging for City operations – status update and next steps (Staff Report #23-023-CC)
I. City Manager's Report
City Manager Justin Murphy reported out on filling key staff vacancies and an update on the goals and priorities upcoming meeting.

J. City Councilmember Reports
City Councilmember Nash reported out on the Peninsula Clean Energy nationwide whitepaper.

Vice Mayor Taylor reported out on the Bay Adapt Local Elected Regional Task Force, South Bayside Waste Management Authority, Emergency Services Council, SFO Community Roundtable Technical Working, Reimaging Public Safety Subcommittee, and City/County Association of Governments of San Mateo County (C/CAG) meetings.

City Councilmember Doerr reported out on the Bay Area Water Supply and Conservation Agency meeting.

Mayor Wolosin reported out on a PG&E event, which included attendees from Climate Resilient Communities and San Francisquito Creek Joint Powers Authority, and an upcoming event with League of California Cities with San Mateo and Santa Clara Counties and state legislators.

K. Adjournment
Mayor Wolosin adjourned the meeting at 7:45 p.m.

Judi A. Herren, Assistant to the City Manager/ City Clerk Page G-1.7
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: 2/14/2023
Staff Report Number: 23-025-CC
Consent Calendar: Adopt a resolution to continue conducting the City’s Council and advisory body meetings
remotely due to health and safety concerns for the
public and to authorize the use of hybrid meetings
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to continue conducting the City’s Council and advisory body meetings remotely due to health and safety concerns for the public and to authorize the use of hybrid meetings.

Policy Issues
Assembly Bill (AB) 361 was signed into law September 16, 2021, and allowed cities to hold virtual meetings during any emergency proclaimed by the governor. AB 361 will expire when the state of emergency ceases or January 1, 2024, whichever is first. Governor Newsom recently announced that the COVID-19 State of Emergency would terminate February 28, 2023. Thus, beginning March 1, 2023, the teleconferencing options available to local agencies under AB 361 will no longer be an option.

On September 13, 2022 Governor Newsom signed AB 2449 amending the Brown Act to provide another method for legislative bodies (including those bodies appointed by the City Council) to meet remotely under the Brown Act. These new amendments to the Brown Act went into effect January 1, 2023 and provide complex procedures for holding hybrid public meetings. A hybrid meeting allows members of City Council and advisory bodies, staff, and members of the public to participate in meetings either virtually and inperson.

AB 2449 relieves agencies from following the Brown Act’s traditional requirements for teleconferencing.

Additionally, AB 2449 limits the number of times that a legislative body member may participate remotely using its relaxed teleconferencing procedures.

Background
Before the COVID-19 epidemic, the Brown Act provided for one method by which members of legislative bodies may appear remotely. These “traditional Brown Act rules” require, among other things:
• Posting agendas at every teleconference location
• Identifying every teleconference location in the agenda • Making each teleconference location open and available to the public.

Due to the need for remote meetings as a result of the COVID-19, AB 361 created an alternative method for remote meetings through 2024. Under AB 361, a legislative body need not comply with the traditional Brown AGENDA ITEM G-2 Page G-2.1
Staff Report #: 23-025-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Act rules to meet remotely if:
• The local agency holds a meeting during a state of emergency declared by the Governor, and state or local officials have imposed or recommended measures to promote social distancing; or • The local agency holds a meeting during a state of emergency declared by the Governor for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or • The legislative body holds a meeting during a state of emergency declared by the Government, and has determined, by majority vote that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
• The Statewide State of Emergency remains in effect through the end of February 2023, expiring March 1, 2023.
• County Health recommends that all individuals in public indoor spaces maintain social distancing and wear masks
AB 2449 creates another option for meeting remotely without complying with the traditional Brown Act rules for remote meetings. Under AB 2449, a non-majority number of legislative body members may appear remotely without complying to the traditional Brown Act requirements if all of the following requirements are met:

1. A quorum of the members of the agency’s legislative body must participate in person from a singular publically accessible physical location within the City and identified on the agenda (e.g., City Council Chambers);

2. The legislative body must provide either (i) a two-way audiovisual platform (e.g., Zoom), which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the meeting, this requirement may be satisfied with any combination of platforms that allows the meeting to be viewed and heard from a remote location;

3. The agenda must give notice of the means by which members of the public may access the meeting and offer public comment; and

4. The agenda must include an opportunity for the public to attend and address the legislative body directly via a call-in option, via an internet option, and at the in-person location of the meeting a. However, the city cannot require public comments to be submitted in advance of the meeting

5. The meeting must be paused (and no action may be taken), if the broadcasting platform, either audio or visual, is interrupted.
a. To appear remotely under AB 2449, a member of a legislative body must either have “just cause” or an “emergency” as defined below: Just cause circumstance: At the earliest opportunity, the requesting member must notify the legislative body that they have a “just cause” reason for participating remotely. The request must generally describe the specific circumstances that prevent in person participation. Under AB 2449, “just cause” is specifically defined to mean any of the following circumstances:
– A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; – A contagious illness that prevents a member from attending in person; – A need related to certain statutorily defined forms of physical or mental disability; or – Travel while on official business of the public agency or for another state or local agency.

Page G-2.2
Staff Report #: 23-025-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov It is important to note that under AB 2449, members are limited to a maximum of two (2) times per calendar year to invoke the “just cause” exception to in-person participation. b. Emergency circumstance: An “emergency circumstance” is defined to mean a “physical or family medical emergency that prevents a member from attending a meeting in person.” To invoke the “emergency circumstance” exception, the requesting member, as soon as possible, must request that the legislative body allow them to participate remotely due to some specified “emergency circumstance.” In turn, the member’s legislative body must take action to approve the request at the earliest opportunity. The legislative body shall also request a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” The requesting member is not, however, required to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. The member must also make a separate request for each meeting in which they seek to participate remotely under the “emergency” exception.

Participation via teleconference under the “emergency circumstance” exception does not count toward the two-meeting limitation applicable to the “just cause” exception.

6. If the member has “just cause” or an “emergency,” and is appearing remotely, the member must participate through both audio and visual technology and, before any action is taken, publicly disclose at the meeting, whether any other individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with any such individuals member’s remote participation, due to either or both the just cause and emergency justifications, may not exceed (i) three consecutive months, or (ii) 20 percent of a legislative body’s regular meetings within a single calendar year. Also, if the legislative body regularly meets fewer than 10 times per calendar year, a member’s participation from a remote location cannot be for more than two meetings total.

Analysis
The Statewide state of emergency remains in effect through February 28, 2023, and masking is still recommended for individuals who are positive for COVID-19, who have symptoms or who come in contact with someone who is positive for COVID-19. The proposed resolution authorizes the use of hybrid meetings, whereby City Councilmembers, participants, and staff may choose to attend either remotely or in person due to health and safety concerns and needs. The City Council finds that reducing the number of persons present in City Council chambers may continue to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors. Thus, the emergency findings required under AB 361 remain in effect, until March 1, 2023.

As discussed above, Governor Newsom is anticipated to terminate the COVID-19 state of emergency declaration February 28, 2023, thereby ending a legislative body’s ability to meet remotely pursuant to AB 361. AB 2449 provides new provisions for remote meetings also described above, however, the very restrictive provisions make the application of this alternative limited. Staff will continue to monitor new legislation on remote meeting alternatives for elected officials.

Impact on City Resources
There is no impact on City resources.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Page G-2.3
Staff Report #: 23-025-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Guidelines §§ 15378 and 15061(b)(3) as it is an organizational structure 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. Resolution
Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page G-2.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AND

ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY

COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO

ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL

GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting solely in person would present imminent risks to the health or safety of attendees; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 11, 2020 the City Council proclaimed the existence of a local state of emergency within the City, pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and
WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta and Omicron Variants are highly transmissible in indoor settings; and
WHEREAS, the Omicron subvariants of the SARS-CoV-2 virus is overtaking other variants in San Mateo County; and
WHEREAS, according to data from the County’s Health Administrator and County website, the County is averaging approximately 6 new cases per 100,000 of COVID-19 per day; and WHEREAS, although the City has returned to in-person meetings, due to the prevalence of BA strains of the SARS-CoV-2 virus overtaking other variants in San Mateo County, the City Council finds that reducing the number of persons present in City Council chambers is necessary to reduce imminent health risks associated with large groups and/or members of varying households gathering indoors; and
WHEREAS, the State of California and the City of Menlo Park continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Page G-2.5 ATTACHMENT A
Resolution No. XXXX

San Mateo, as applicable, including facial coverings when required; and based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menlo Park that the City Council does hereby:

1. Find that current conditions authorize teleconference public meetings of Legislative Bodies.

Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the City Council finds that meeting in person, without the option for certain populations and persons to participate remotely, would present imminent risks to the health or safety of attendees. The City Council does therefore find that Legislative Bodies and members of Legislative Bodies of the City may elect to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

2. Authorize Legislative Bodies to conduct teleconference meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

3. Authorize Legislative Bodies to conduct hybrid meetings. The Legislative Bodies are hereby further authorized to conduct meetings in a “hybrid” format, where both members of the Body may elect to be present in person, utilizing appropriate distancing and masking practices, or participate by teleconferencing technology. Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies and will otherwise occur in a manner that protects the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing.
//
//
//
//
//
//
Page G-2.6
Resolution No. XXXX

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of February, 2023.

Judi A. Herren, City Clerk
Page G-2.7
Public Works

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-026-CC
Consent Calendar: Authorize the city manager to execute the first amendment to the funding agreement with the
Bohannon Development Company and adopt a
resolution authorizing the city manager to execute
deeds and easements for the Chrysler Pump Station
Recommendation
Staff recommends that the City Council authorize the city manager to execute the first amendment (Attachment A) to the funding agreement (Attachment B) with the Bohannon Development Company (Bohannon) for the mutual exchange of property, provision of easements, and design and construction of the Chrysler Stormwater Pump Station. Staff further recommends the City Council adopt a Resolution (Attachment C) authorizing the city manager to (i) execute the quitclaim deed from the City to Bohannon and the certificate of acceptance of the quitclaim deed from Bohannon to effectuate the property swap, (ii) execute the City/PG&E Electrical Easement Deed to grant the easement to PG&E, (iii) execute the 2 quitclaim deeds as to the storm drain easement and portion of 10” storm drain and (iv) execute all the other easement documents between the City and Bohannon and the certificate of acceptance of those easements.

Policy Issues
This project is consistent with the City’s goal of maintaining and enhancing its municipal infrastructure; it is included in the fiscal year 2022-23 capital improvement plan (CIP.) The project is also identified as a recommended hazard mitigation action item for Menlo Park in the adopted multi-jurisdictional San Mateo County Local Hazard Mitigation Plan.

Background
The Chrysler Stormwater Pump Station is located at 1395 Chrysler Drive in Menlo Park, CA (at the corner of Chrysler Drive and Bayfront Expressway.) The pump station is also adjacent to lands owned by Bohannon. The pump station drains approximately 297 surface acres in an area roughly bounded by Marsh Road, Bayfront Expressway, Chilco Street and the Dumbarton railroad tracks. The existing facility is designed to discharge a 10-year rain event and consists of two pumps, a below-ground wet well, and a building that houses the pumps and the electrical room. Stormwater is pumped to a Caltrans-owned ditch on the opposite side of Bayfront Expressway and empties into Flood Slough near the Bedwell Bayfront Park entrance.

The pump station was built in 1958 and has reached the end of its useful life. In 2015, the City contracted with Schaaf & Wheeler to provide construction bid documents for a replacement pump station that could discharge a 100-year rain event. The new pump station is elevated two feet above the Federal Emergency Management Agency (FEMA) designated 100-year base flood elevation and includes three new, larger pumps designed to discharge flows associated with sea level rise in San Francisco Bay. This project is AGENDA ITEM G-3 Page G-3.1
Staff Report #: 23-026-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org included in the City’s capital improvement program with partial funding from a $5 million federal FEMA grant (awarded to the City April 27, 2020.)
On May 2, 2017, City Council authorized the city manager to execute an agreement with Bohannon that would obligate them to reimburse the City for the increased cost associated with incorporating a geometric design for the pump station exterior, as well as outline the mutual exchange of property, maintenance of exterior walls and landscape, and the provision of easements for construction, ingress/egress and various utilities.

In the intervening time period between executing the original funding agreement and securing the additional FEMA project funding in 2020, the City and Bohannon continued to collaborate and discuss options for simplifying the project design. The agreed upon solution for modifying the project involves the City designing and constructing a generally rectilinear building utilizing conventional masonry block walls. The City will be fully responsible for all costs associated with the design, permitting and construction of the standard pump station building. Upon the City’s completion of the standard pump station building, Bohannon would then independently design and construct a system of support framing and metal panels around the pump station building. Bohannon was identified as independently responsible for all costs associated with the design, permitting, and construction of the metal cladding system around the pump station building.

On December 8, 2020, the City Council authorized the City Manager to negotiate and execute a new funding agreement with Bohannon to formalize the changes described above. The 2017 agreement was terminated along with these actions.

Since late 2020, the City has continued to advance the design of the pump station and coordinate on the property exchanges (as described further below.) On August 5, 2022, staff advertised the project and received six bids September 27, 2022. All six bids were found to be non-responsive pursuant to the Public Contracting Code and were rejected by the City Council November 1, 2022.

On November 8, 2022, staff advertised the project again. Bids were received December 13, 2022. Staff is tentatively planning to return to City Council to award a construction contract February 28, 2023.

Analysis
First amendment to the funding agreement
Since 2020, numerous uncertainties in the construction market have arisen with the COVID-19 pandemic, resulting supply chain disruptions, regional labor availability and cost fluctuations, and overall economic uncertainty. Bohannon has identified such uncertainty may impact the cost to deliver the metal cladding system proposed for the exterior of the pump station. They have requested that an amendment to the agreement be executed which clearly outlines the project budget they have allocated for the cladding and the process by which Bohannon could identify an alternative solution (such as landscaping) to screen the pump station building. The proposed amendment (Attachment A) articulates these changes, as well as removes the terms of the original agreement that have been completed to date. Staff is requesting the City Council authorize the City Manager to execute the first amendment to the funding agreement.

Property exchange authorizations
The new pump station requires a larger building footprint that entails a mutual exchange of property with Bohannon, acceptance of easements from Bohannon, release of existing easements and grant of easement to PG&E. On December 8, 2020, the City Council authorized the city manager to negotiate and execute a funding agreement with Bohannon that addressed the aforementioned project needs. To date, City staff Page G-3.2
Staff Report #: 23-026-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org have drafted and negotiated with Bohannon the final form of deeds between the City and Bohannon to facilitate the exchange of the property, along with the approval of a lot line adjustment June 17, 2021, General Plan Amendment November 16, 2021, and Zoning Map Amendment December 7, 2021. Further, the City and Bohannon have negotiated and finalized the terms of one temporary easement (temporary construction easement agreement) for the purpose of facilitating the construction of the Project as well as the following six new permanent easements required for the on-going operation and maintenance of the new pump station:
• Public storm drain easement deed – North 54’
• Public storm drain easement deed – South 54’
• Public storm drain easement deed – West 36’
• Waterline easement deed
• Public access and utility easement deed
• Access easement deed
Additionally, the City and Bohannon have negotiated and finalized the terms of deeds to terminate existing easements that will no longer be necessary for operation of the new pump station following its completion (Quitclaim Deed – Storm Drain Easement; Quitclaim Deed – Portion of 10’ Storm Sewer Easement.) The City and Bohannon have also each negotiated and finalized easement agreements with Pacific Gas & Electric for the provision of electrical service to the new pump station. Finally, at present, the City and Bohannon are working on finalizing the joint escrow instructions with Bohannon’s lender (Northwestern Mutual) in order to release the lien of the mortgage that is partially secured by Bohannon’s property that is to be conveyed to the City and then re-establishing their lien on the property to be conveyed to Bohannon from the City as part of the exchange. The exchange of property with Bohannon is anticipated to be complete before the City Council’s award of a contract for the project, tentatively scheduled for February 28, 2023.

Staff is recommending the City Council adopt the resolution authorizing the city manager to execute the aforementioned deeds, easements and certificates of acceptance to effectuate the mutual exchange of property.

Impact on City Resources
This action has no impact on City resources.

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

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. First amendment to the funding agreement
Page G-3.3
Staff Report #: 23-026-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org B. December 8, 2020 funding agreement
C. Resolution
Report prepared by:

Nicole Nagaya, Deputy City Manager
Page G-3.4
1 OAK #4858-6408-6605 v3

FIRST AMENDMENT TO FUNDING AGREEMENT
THIS FIRST AMENDMENT TO FUNDING AGREEMENT (“Amendment”) is entered into as of ________ __, 2023 (the “Effective Date”), by and between the City of Menlo Park, a California municipal corporation (“City”), and Bohannon MG2, LLC, a Delaware limited liability company (“Bohannon”), with reference to the following facts:

R E C I T A L S
A. City andBohannon entered into to that certain Funding Agreement dated December 21, 2020 (the “Original Agreement”) whereby the City agreed to fund the design and construction of the site work, access driveway and pump station and Bohannon agreed to fund the design and construction of geometric, metal panel rain screen among other improvements following the City’s completion of the City’s work, as more particularly described in the Original Agreement.

B. Subject to the terms and conditions set forth in this Amendment, City and Bohannon now desire to amend the terms of the Original Agreement.

A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Bohannon hereby agree as follows:

1. Scope of Work and Reporting. Section 1.1 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
“Subject to the terms of this Agreement (as amended), including, without limitation, Sections 9 and 10 below, Bohannon shall be responsible at its sole cost and expense for the following Scope of Work (the “Bohannon Work”):”

2. Project Design. Sections 1.1.1 through 1.1.3 of the Original Agreement are hereby deleted in their entirety and, upon the Effective Date, shall have no further force or effect.

3. Design and Development Plans. Section 1.1.5 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
“Prepare the design and development plans and specifications for the general points of connection for the CMU exterior wall and the Rain Screen and provide the same to the Public Works Director or its designee.”

4. Landscaping Work. The second, third and fourth sentences of Section 1.1.6 of the Original Agreement are hereby deleted in their entirety and replaced with the following:
“The landscaping design may include, without limitation, planting irrigation and accent lighting up to the Rain Screen panels, if any (collectively, the “Landscaping Work”). The pump station electrical panel shall provide the power for any such accent lighting. In addition, the City and Bohannon acknowledge and agree that the extent of landscaping, if any, shall be minimal to accommodate access routes to the pump station and the numerous underground storm drain lines. Prior to the installation of the Landscaping Work, Bohannon shall submit the plans for the Landscaping Work to the Public Works Director for review and approval, which shall not be unreasonably withheld, conditioned or delayed.

Notwithstanding the foregoing, it shall be considered unreasonable for the Public Works Director to condition its consent to the Landscaping Work plans on changes that will foreseeably cause Bohannon, in its sole but good faith discretion, to exceed the Contribution Cap.” ATTACHMENT A Page G-3.5
2 OAK #4858-6408-6605 v3

5. Construction. Section 1.1.7 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
“Subject to the terms of this Agreement (as amended) and receipt of all applicable permits, construct the Rain Screen and/or Landscaping Work. Bohannon shall coordinate Rain Screen construction with City Public Works engineering and operations staff, and provide for any construction management, inspections and/or special inspections required by applicable laws through completion of the Rain Screen and/or Landscaping Work.”

6. Access. Section 1.1.8 of the Original Agreement is hereby deleted in its entirety and, upon the Effective Date, shall have no further force or effect.

7. Maintenance. Section 1.1.9 of the Original Agreement is hereby deleted in its entirety and, upon the Effective Date, shall have no further force or effect.

8. Lot Line Adjustment. Section 1.1.11 of the Original Agreement is hereby deleted in its entirety and, upon the Effective Date, shall have no further force or effect.

9. Access to Records and Record Retention. The first and second sentences of Section 3.1 of the Original Agreement are hereby deleted in their entirety and replaced with the following:
“Within six (6) months of completion of the Bohannon Work, Bohannon will provide the City with asbuilt drawings of the Rain Screen and/or Landscaping Work, each as applicable, and copies of all reports, designs, drawings, plans, specifications, schedules and other materials prepared in connection with the Bohannon Work, and the City may use the same in connection with the City Work without further approval from Bohannon or its consultants.”

10. Unforeseen Conditions. The third sentence of Section 4.2 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
“Subject to the terms of this Agreement (as amended), if the changed conditions are attributable to the City Work, the City will be fully responsible for any cost increases associated with such changed conditions; and if the changed conditions are attributable to the Bohannon Work, then Bohannon will be fully responsible for the cost increases associated with such changed conditions, provided that the same shall not in any instances exceed the Contribution Cap.”

11. Additional Provisions. The following provisions are hereby added to the Original Agreement following Section 7:
“8. Access and Maintenance Agreement. Prior to the completion of the City Work, the City and Bohannon shall enter into an access, construction and maintenance agreement, consistent with the terms of the Original Agreement and this Amendment, to provide access to Bohannon to complete the Bohannon Work and perform the maintenance of any improvements installed in connection with the Bohannon Work, which may address, among other matters, graffiti abatement, exterior finish and paint, and accent lighting (but only to the extent the Bohannon Work includes the Rain Screen).

9. Bohannon Contribution. Notwithstanding anything in this Original Agreement or this Amendment to the contrary, the City acknowledges and agrees that Bohannon’s obligation to perform the Bohannon Work shall be subject to the following limitations: (i) the total cost to Bohannon to consummate the transactions contemplated in Section 2 above, and design, permit, construct and perform the Bohannon Work (collectively the “Bohannon Obligations”) and shall not exceed One Million Six Hundred Sixty-Eight Thousand Two Hundred Ninety-Four Dollars 75/100 ($1,668,294.75) (“Contribution Cap”) (for the avoidance of doubt, the Contribution Cap shall continue to diminish for Page G-3.6
3 OAK #4858-6408-6605 v3
any costs expended by Bohannon in connection with its satisfaction of the Bohannon Obligations) , and (ii) in the event Bohannon determines in its sole discretion that any portion of the Bohannon Work is likely to exceed the Contribution Cap, Bohannon and the City agree that Bohannon may, in its sole and absolute discretion, adjust and/or modify the scope of the Bohannon Work so that the same will not exceed the Contribution Cap.

10. Bohannon Work Modification Agreement. Notwithstanding anything in this Original Agreement or this Amendment to the contrary, the City and Bohannon acknowledge and agree that, due to the Contribution Cap, the construction of the Rain Screen may not be feasible and in the event Bohannon notifies the City regarding the same, Bohannon shall meet and confer with the Public Works Director to develop a modified scope of the Bohannon Work, which the City agrees shall be subject to the Contribution Cap, which may provide for, among other improvements, a landscaping plan in lieu of the Rain Screen and in addition to the Landscaping Work (“Modified Work Plan”). The City staff and Bohannon shall work reasonably together in good faith to finalize the Modified Work Plan (“Approved Modified Work Plan”), and, upon the Public Works Director’s approval, which shall not be unreasonably withheld, conditioned or delayed, the scope of the Bohannon Work shall be modified and Section 1 of this Agreement shall be considered amended so as to provide for only the modified scope of the Bohannon Work contained in such Approved Modified Work Plan. Notwithstanding the foregoing, it shall be considered unreasonable for the Public Works Director to condition its consent to the Modified Work Plan on changes that will foreseeably cause Bohannon, in its sole but good faith discretion, to exceed the Contribution Cap.”

12. Authority. Each person executing this Amendment on behalf of a party hereby covenants and warrants that: (a) such party is duly organized, validly existing and in good standing under the laws of the State of its organization; (b) such party has full power and authority to enter into this Amendment and to perform all such party's obligations under the Agreement, as amended by this Amendment; and (c) each person (and all of the persons if more than one signs) signing this Amendment on behalf of a party is duly and validly authorized to do so.

13. Entire Agreement: No Modifications. This Amendment and the Original Agreement, including all exhibits and schedules hereto and thereto, contain all of the terms and conditions agreed upon by the parties hereto with reference to the subject hereof. No other prior or concurrent agreements not specifically herein or therein, oral or otherwise, shall be deemed to exist or bind any of the parties hereto. Neither the Original Agreement nor this Amendment may be modified or amended except in writing, signed by the parties hereto.

14. Applicable Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California.

15. Counterparts and Electronic Signature. This Amendment may be executed in multiple counterparts, each of which is to be deemed original for all purposes, but all of which together shall constitute one and the same instrument. An electronic copy of an original signature to this Amendment shall have the same force and effect, for all purposes, as the original signature. City and/or Bohannon may elect to execute this Amendment through an electronic signature platform. By signing through said electronic signature platform, and not solely through e-mail acceptance, the parties agree that they have read and understood this Amendment, agree to be bound by all of its terms and conditions and hereby waive any defense or counterclaim that electronic signature is an invalid form of signature and acceptance under applicable law.

16. No Further Modification. Except as set forth in this Amendment, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. [Signatures on following page]
Page G-3.7
4 OAK #4858-6408-6605 v3
IN WITNESS WHEREOF, the City and Bohannon have executed this Amendment as of the Effective Date.

CITY:

CITY OF MENLO PARK,
a California municipal corporation
By: _________________________
Name: ______________________
Its: _________________________
BOHANNON:

BOHANNON MG2, LLC
a Delaware limited liability company
By: _________________________
Name: ______________________
Its: _________________________
Page G-3.8
ATTACHMENT B Page G-3.9
Page G-3.10
3 AFDOCS/22440819.7
the pump station electrical panel shall provide the power for the accent lighting. In addition, the extent of landscaping shall be minimal and accommodate access routes to the pump station and the numerous underground storm drain lines. The plans shall be submitted to the City for review and approval prior to installation of the landscaping by Bohannon.

1.1.7 Subject to receipt of applicable permits, construct the Rain Screen and the landscaping within two years of building permit sign-off for the CMU pump station. Coordinate Rain Screen construction with City Public Works engineering and operations staff. Provide construction inspection and project management through completion of the Rain Screen. Subsequent to completion of the Rain Screen, complete necessarily deferred items of work, including but not limited to, street address signage, exterior light fixtures, and NFPA placards.

1.1.8 Amend the existing Maintenance Agreement entered into on September 6, 2017 for the maintenance of certain improvements by Bohannon pursuant to the Menlo Gateway Project Conditions of Approval to include maintenance of the pump station accent lighting. The amendment shall be executed prior to the completion of the pump station.

1.1.9 Enter into a maintenance agreement with the City for the Rain Screen, which shall address, at a minimum, graffiti abatement, exterior finish, and paint. The Rain Screen maintenance agreement shall be executed prior to the completion of the pump station.

1.1.10 Reimburse the City for design, permit, and construction costs incurred to relocate/adjust (if necessary) the existing underground PG&E utility box (shown as vault #7 closest to Chrysler Drive on Figure 1), including all associated electrical components, conduits and conductors, as necessary to meet PG&E and the City’s requirements, while accommodating the proposed access road to the pump station.

1.1.11 Complete all documentation necessary for the lot line adjustment described in Section 2.1 below, and provide copies of such documentation to the City for review and approval, which shall not be unreasonably withheld. Upon approval by the City, Bohannon shall effectuate and complete the recordation of such lot line adjustment with the County of San Mateo.

1.2 The City shall be responsible at their sole cost and expense for the following Scope of Work (the “City Work”):

1.2.1 Design and construction of the pump station, site preparation, and the access driveway to the pump station, including all architectural, civil (all grading design), mechanical and other equipment, structural elements, foundation, retaining walls, exterior walls, waterproofing, substructure, pipes and other related infrastructure (including relocating the storm drain lines and the existing temporary underground PG&E utility box vault #7, coordinating design, contracts, and any necessary easements with PG&E) except as otherwise provided in Section

1.1.10 above. Pump station design and construction documents shall be made available in Revit format upon the request of Bohannon or Heller Manus. In addition, the City will be responsible for fine grading.

1.2.2 Complete the title search, legal description, plat map, and all other documentation necessary for the easements described in Section 2.2 below, and provide copies of such documentation to Bohannon for review and approval, which shall not be unreasonably withheld. Upon approval by Bohannon, the City shall effectuate and complete the recordation of such easements with the County of San Mateo.

1.2.3 Obtain the Use Permit for the pump station generator and PG&E permit for the transformer. /:4<3769 09=58:;5 2/+00.!"&-1Ȁ-%('Ȁ%"*!Ȁ).!'Ȁ(%'!$"-,&-)) Page G-3.11
Page G-3.12
Page G-3.13
Page G-3.14
7 AFDOCS/22440819.7
Agreement related to the Bohannon Work are the property of the City. The City may use all reports, designs, drawings (including Autocad or Revit files), plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for under this agreement with Bohannon to construct the work. The Parties are entitled to copies and access to these materials during the progress of the work and upon completion or termination of the work or this Agreement. Bohannon may retain a copy of all material produced under this Agreement for its use in its general activities.

7.10 Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

7.11 Severability. If any portion of this Agreement, or the application thereof is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.

7.12 Counterparts. This Agreement may be executed in counterparts.

7.13 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the parties on the same subject.
(Signatures on following page)

/:4<3769 09=58:;5 2/+00.!"&-1Ȁ-%('Ȁ%"*!Ȁ).!'Ȁ(%'!$"-,&-)) Page G-3.15
8 AFDOCS/22440819.7
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names the day and year indicated below.

Bohannon MG2, LLC
a Delaware limited liability company
By: Menlo Gateway, LP,
A California limited partnership,
Its sole member
By: Bohannon Development Company
a California corporation its General Partner
By:

Name: Robert L. Webster
Title: President and CEO

CITY OF MENLO PARK, a municipal corporation
APPROVED AS TO FORM:

Cara E. Silver, Interim City Attorney Date
FOR CITY OF MENLO PARK:

Starla Jerome-Robinson, City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date

/:4<3769 09=58:;5 2/+00.!"&-1Ȁ-%('Ȁ%"*!Ȁ).!'Ȁ(%'!$"-,&-)) "# #" #!#!
"# #" #!#!
"# #" #!#!
Page G-3.16
9 AFDOCS/22440819.7
Attachments: Figure 1 Site Plan
Figure 2 City Project Budget and Proof of Funds
Figure 3 Building Schematic
Figure 4 Construction Schedule
/:4<3769 09=58:;5 2/+00.!"&-1Ȁ-%('Ȁ%"*!Ȁ).!'Ȁ(%'!$"-,&-)) Page G-3.17
Page G-3.18
Page G-3.19
Page G-3.20
Page G-3.21
Page G-3.22
Page G-3.23
Page G-3.24
Page G-3.25
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

AUTHORIZING THE CITY MANAGER TO (I) EXECUTE THE QUITCLAIM DEED

FROM THE CITY TO BOHANNON AND THE CERTIFICATE OF ACCEPTANCE

OF THE QUITCLAIM DEED FROM BOHANNON TO EFFECTUATE THE

PROPERTY SWAP, (II) EXECUTE THE CITY/PG&E ELECTRICAL EASEMENT DEED TO GRANT THE EASEMENT TO PG&E, (III) EXECUTE THE 2

QUITCLAIM DEEDS AS TO THE STORM DRAIN EASEMENT AND PORTION OF 10” STORM DRAIN AND (IV) EXECUTE ALL THE OTHER EASEMENT

DOCUMENTS BETWEEN THE CITY AND BOHANNON AND THE

CERTIFICATE OF ACCEPTANCE OF THOSE EASEMENTS
WHEREAS the Chrysler Stormwater Pump Station located at 1395 Chrysler Drive drains approximately 297 surface acres in an area roughly bounded by Marsh Road, Bayfront Expressway, Chilco Street and the Dumbarton railroad tracks, and WHEREAS on May 2, 2017, the City Council authorized the city manager to execute an agreement with the Bohannon Development Company (Bohannon) to collaborate on a geometric design for the pump station exterior and outline the mutual exchange of property, maintenance of exterior walls and landscape and provision of easements for construction, ingress/egress and various utilities, and
WHEREAS the mutual exchange of property and provision of easements for construction, ingress/egress and various utilities must be effectuated prior to awarding a construction contract for the Chrysler Pump Station, and
WHEREAS the 2017 funding agreement was terminated, and a new agreement was executed in December 2020. This agreement is to be further amended in 2023.

The City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Menlo Park that the City Council hereby authorizes the city manager to:
(i) execute the quitclaim deed from the City to Bohannon and the Certificate of Acceptance of the Quitclaim Deed from Bohannon to effectuate the property swap, (ii) execute the City/PG&E Electrical Easement Deed to grant the easement to PG&E (iii) execute the two Quitclaim Deeds as to the Storm Drain Easement and Portion of 10” Storm Drain and
(iv) execute all the other easement documents between the City and Bohannon and the Certificate of Acceptance of those easements
//
//
//
//
ATTACHMENT C Page G-3.26
Resolution No. XXXX

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of February, 2023.

Judi A. Herren, City Clerk
Page G-3.27
Public Works

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-027-CC
Consent Calendar: Adopt a resolution supporting the City’s shuttle program for application for the San Mateo County
Shuttle Program fiscal year 2023-24 and 2024-25
and authorize the city manager to enter into funding
agreements
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) in support of the Citywide shuttle program, for the San Mateo County Transportation Authority Shuttle Program fiscal years 2023-24 and 2024-25 to continue funding for operations and administration of the program and authorize the city manager to enter into necessary funding agreements and any subsequent amendments within the budgeted amounts with grant agencies.

Policy Issues
This project is consistent with the General Plan goal and policies to support local and regional transit that is efficient, frequent, convenient and safe. These policies seek to promote the use of public transit and to promote the use of alternatives to the single-occupant automobile. The grant requires an adopted resolution of support by the City Council as part of the application.

Background
The City of Menlo Park manages a shuttle program that provides transit service to many residents, employees and visitors. The program is primarily funded by grants provided by the San Mateo City/County Association of Governments (C/CAG), San Mateo County Transportation Authority (SMCTA) and Metropolitan Transportation Commission (via the San Mateo County Transit District.) These funds typically include a competitive application process, an executed agreement between parties, and a demonstrated adherence to the agreement details.

On January 13, 2023, C/CAG and SMCTA issued a joint call for shuttle projects for fiscal year 2023-24 and 2024-25. The program includes $11,000,000 for this two-year funding cycle, and direct costs for operations, marketing, and administration of shuttles are eligible for funding. Applications are due February 24, 2023.

The City’s shuttles are currently supported by a grant through this program, expiring June 30, 2023.

The City’s shuttles provide “around town” transportation to many residents, employees and visitors. The program includes the following services (Attachment B provides a hyperlink to the City’s website, providing additional details):
• The M1-Crosstown shuttle provides an all-day, fixed-route service between Belle Haven and Sharon Heights. It serves several senior housing facilities, Menlo Park senior center facilities (and the Menlo Park Community Campus project once completed), the current Belle Haven library, the Veterans Affairs AGENDA ITEM G-4 Page G-4.1
Staff Report #: 23-027-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Medical Center, Menlo-Atherton High School, the main library, Caltrain station, Little House, Safeway, Stanford Medical Center, Stanford Shopping Center, Palo Alto Medical Foundation, and a regional transit hub in downtown Palo Alto.
• The M3-Marsh Road shuttle provides fixed-route, peak-hour service between the Caltrain station and the business parks and office complexes along Marsh Road, Bohannon Drive and the Bayfront Area. This shuttle also currently serves TIDE Academy, housing complexes along Haven Avenue, and will serve new housing currently under construction in the Bayfront Area. • The M4-Willow Road shuttle provides fixed-route, peak-hour service between the Caltrain station and the business parks and office complexes along Willow Road and O’Brien Drive. This shuttle also serves MidPeninsula High School. • The Shoppers’ Shuttle is a door-to-door service, which operates three days per week providing transportation for those not near a shuttle route or that have limited mobility. Destinations include Little House, Menlo Park Senior Center, downtown Menlo Park, the main library, Safeway, Caltrain station, Stanford Shopping Center, and retail destinations in Menlo Park and Redwood City.

The City is about to start a shuttle evaluation study, which is funded in part by a Caltrans sustainable transportation planning grant. This grant application was authorized by City Council October 12, 2021, with a successful award in spring 2022. This comprehensive study will look at existing shuttle routes and ridership, existing transit services, new shuttle technologies (such as on demand or flex route service), reach out to the community for feedback and input, and provide recommendations for route changes or new service, and identify funding opportunities and partnerships. Staff will also coordinate with the Willow Village development to identify how the shuttle approved as a condition of that development could be integrated with or impact operations of the City’s shuttles. The Willow Village shuttle is not expected to begin operation within the timeframe of the current grant cycle. The findings from this study will inform future budgets and funding for the shuttle program. Staff is currently reviewing proposals from consultants and anticipates bringing an item on approval of the consultant agreement to the City Council in the coming months.

Analysis
By applying for funds through the San Mateo County Shuttle Program Call for projects, the City of Menlo Park is seeking to ensure continuity of the City’s current shuttle services.

The effectiveness of the City’s shuttle program is evaluated by considering ridership, cost and how it enhances accessibility, especially for groups with significant need. SMCTA considers two numerical metrics, the average number of riders per service hour and the cost per rider, compared to defined benchmarks for the type of service. Tables 1 and 2 summarize these metrics for each route from fiscal year 2018-19 (Table 1) and fiscal year 2021-22 (Table 2.) The benchmarks for service are set bi-annually by C/CAG and SMCTA based on operations of the current routes in San Mateo County and shuttle management best practice information. These data are used by the grant selection committee to compare shuttles against one another.

The Shoppers’ shuttle and Crosstown shuttle also provide enhanced accessibility for the groups with significant transportation needs within Menlo Park. The Shopper’s shuttle provides a travel option for populations that have limited mobility or access to fixed-route transit. The M1-Crosstown shuttle connects Belle Haven and senior residents with vital services. Similar to many transit services in the Bay Area, shuttles continue to provide vital transportation links that would be difficult to recover and implement again if they were cut.

Page G-4.2
Staff Report #: 23-027-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Tables 1 and 2 reflect two different realities, one of a world pre-pandemic and one during the pandemic. As shown in Table 1, the program’s cost effectiveness (cost per rider) and ridership (passengers per hour) exceeded the County’s standards for commuter shuttles (M3-Marsh Road and M4-Willow Road.) The performance of the M1-Menlo Midday, M2-Belle Haven and Shoppers’ shuttles did not meet the benchmarks, and reflect several challenges experienced during that period, including a driver shortage, and service disruptions, and suspension of a second vehicle for both the M2-Belle Haven and M3-Marsh shuttles between October 2017 to April 2019.

Table 2 reflects ridership numbers that are still stabilizing as we adjust to the pandemic. Since March 2020, transit ridership plummeted 90 percent in the Bay Area. The rise of work-from-home and the need for shelter-in-place kept transit ridership low until 2021, when the advent of vaccines and decrease in hospitalizations led to slight increases in transit ridership. With long term employer work-from-home policies continuing to evolve, the near term demand for transit remains unclear.

Table 1: Benchmark metrics, by shuttle route
(Before COVID-19 Pandemic)
Passengers per service hour Cost per rider
Shuttle route Actual
(FY 2018-19)
Service benchmark
(FY 2018-20)
Actual
(FY 2018-19)
Service benchmark
(FY 2018-20)
M3-Marsh Road 17.4 Above 15 $ 6.60 Less than $8.00
M4-Willow Road 26.1 Above 15 $ 6.90 Less than $8.00
M1-Menlo Midday1 1.1 Above 10 $74.31 Less than $10.00
M2-Belle Haven 6.3 Above 10 $14.11 Less than $10.00
Shoppers’ 2.3 Above 2 $36.45 Less than $20.00
Note: FY 2018-19 data are presented as the most recent complete fiscal year. 1 Entire route suspended as of September 2018; benchmarks reflect poor ridership, drivers not complying with schedules, and ridership data from only two months of the fiscal year.

Table 2: Benchmark metrics, by shuttle route
(COVID-19 Pandemic)
Passengers per service hour Cost per rider
Shuttle route Actual
(FY 2021-22)
Service benchmark
(FY 2020-22)
Actual
(FY 2021-22)
Service benchmark
(FY 2020-22)
M3-Marsh Road 5.0 Above 15 $ 23.33 Less than $9.00
M4-Willow Road 3.8 Above 15 $ 58.03 Less than $9.00
M1-Crosstown1 1.1 Above 10 $89.60 Less than $11.00
Shoppers’ 2.8 Above 2 $36.81 Less than $22.00
Note: FY 2021-22 data are presented as the most recent complete fiscal year. 1 M2-Belle Haven took over part of M1-Menlo Midday route, renamed to M1-Crosstown in November 2020.

Many other shuttles in San Mateo County are experiencing similar ridership decreases, with shuttles serving industries such as biotechnology and the medical field performing better because work-from-home is less common. The M3-Marsh Road and M4-Willow Road shuttles continue to have lower ridership due to fewer Page G-4.3
Staff Report #: 23-027-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov workers, but the return of high schools to in-person education has helped ridership rebound slightly. The M1-Crosstown shuttle has lower ridership, but provides vital connections between Belle Haven and senior centers, retail, medical and transit facilities. The Shoppers’ shuttle recovered the fastest during the pandemic, exceeding pre-pandemic ridership in 2021 and continuing to date.

The San Mateo County Shuttle Program grant criteria include the ridership and cost metrics, assessments of impact on greenhouse gas metrics and vehicle miles of travel, and assessments of how the shuttles provide enhanced accessibility to equity priority communities and amenities to riders.

Proposed program budget
The City’s shuttle program is currently funded through several sources, including grants from C/CAG, SMCTA, the Metropolitan Transportation Commission’s (MTC) Lifeline Grant Program, and the City’s Development Shuttle Fee. Table 3 summarizes the program budget for the three prior fiscal years, and the estimated budget for fiscal years 2023-24 and 2024-25, the two years covered in this San Mateo County Shuttle Program grant cycle.

Table 3: Program budget
Shuttle route FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Proposed
FY 2024-25
Proposed
M1-Crosstown $408,600 $414,200 $421,700 $432,700 $441,200 M3-Marsh Road1 $310,200 $314,600 $189,100 $188,000 $192,000 M4-Willow Road $164,700 $167,500 $171,200 $169,100 $172,800 Shoppers’ $68,300 $69,600 $70,600 $74,300 $76,100
Total $951,800 $965,900 $852,600 $864,100 $882,100
Note: San Mateo County Shuttle Program FY 2020-22 grant extended one year for FY 2022-23 due to COVID-19. 1 Funding request for FY 2022-23 reduced due to second vehicle being suspended since March 2020.

If awarded, the San Mateo County Shuttle Program will fund up to 75 percent of program costs, with remaining program funds coming from sources outlined in Tables 4 and 5 below. As in past years, staff recommends not applying for funding for the Shoppers’ shuttle, as this route has not met the benchmarks to be competitive in the call for projects. Despite the Shoppers’ shuttle returning to its pre-pandemic ridership that ridership is still well below the recommended benchmark metrics.

Staff has prepared two funding allocation scenarios for the shuttle program: one where the City continues to be awarded funds from the MTC Lifeline grant program (Table 4), and one where the match is drawn entirely from local sources (Table 5.) Shuttles serving elderly and low-income residents, such as the M1- Crosstown are eligible for Lifeline funding. These two scenarios are presented since the Lifeline program funding is determined on a different cycle, and cannot be guaranteed for the two fiscal years in the San Mateo County Shuttle Program call for projects. Grant applications for Lifeline Cycle 7 funding are expected later in 2023. Historically, Lifeline has funded up to 40 percent of the M1-Crosstown shuttle, with the other 60 percent funded by the San Mateo County Shuttle Program. If the City does not receive Lifeline funding, the City would need to contribute 25 percent from local funds to continue running the service, with the remaining 75 percent coming from the San Mateo County Shuttle Program. Otherwise, the service would need to be suspended.

If the City continues to receive Lifeline funding, the City’s contribution toward shuttle operations is estimated Page G-4.4
Staff Report #: 23-027-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov at up to $98,200 in fiscal year 2023-24 and $102,100 in fiscal year 2024-25, for a total of $200,300 during the current grant cycle (Table 4.) If the City does not receive Lifeline funding, the City’s contribution toward shuttle operations is estimated at $206,400 in fiscal year 2023-24 and $212,400 in fiscal year 2024-25, totaling $418,800 during the current grant cycle (Table 5.) This portion of the local match has historically been funded by San Mateo County Measure A funds. An additional $65,000 a year comes from developer contributions to the City’s shuttle program. These estimates would maintain current service levels. If the City is not successful with these grants, staff would return to City Council to receive direction on whether and how to continue shuttle services within the City.

Table 4: Allocation of program budget by source fund
(with MTC Lifeline award)
Funding source SMCTA and
C/CAG request
MTC
Lifeline1 award Developer fees2 Local match Total
FY 2023-25 $527,500 $173,100 $65,300 $98,200 $864,100
FY 2023-25 $538,200 $176,500 $65,300 $102,100 $882,100
2 Year Total $1,065,700 $349,600 $130,600 $200,300 $1,746,200 1 MTC Lifeline funding is anticipated to be a two-year cycle. 2 Approximately $65,300 per year comes from developer contributions to the City’s shuttle program. The local match includes 100 percent of the cost for the Shoppers’ shuttle (approximately $75,000 annually.) Table 5: Allocation of program budget by source fund
(without MTC Lifeline award)
Funding source SMCTA and
C/CAG request Developer fees1 Local match2 Total
FY 2023-25 $592,400 $65,300 $206,400 $864,100
FY 2023-25 $604,400 $65,300 $212,400 $882,100
2 Year Total $1,196,800 $130,600 $418,800 $1,746,200
1The City collects approximately $65,300 per year from developer-required contributions to the City’s shuttle program. 2The local match includes 100 percent of the cost for the Shoppers’ shuttle (approximately $75,000 annually.) As the City pursues funding to continue operation of the shuttles, staff have also been coordinating with Commute.org about the operation of the commuter shuttles. The City officially joined Commute.org in 2022 and Mayor Wolosin currently sits on their Board. Commute.org operates most of the other commuter shuttles in San Mateo County and the existing shuttles all use Commute.org branded vehicles, for ease of deployment and efficiency in contracting. Commute.org is willing to take on the operations of the City’s two commuter shuttles starting with the new grant funding, subject to a 4 percent fee (of the total operating cost) to cover their administrative expenses. Some activities currently conducted by staff related to coordination, shuttle management, and marketing would be handled by Commute.org, which would offset the additional expense by freeing up about 20 hours of staff time per month for other transportation-related activities. The City would maintain responsibility for the Crosstown and Shoppers’ shuttles, which are outside the purview of Commute.org.

The current contract between SamTrans and the shuttle operator, which expires at the end of fiscal year 2024-25, includes the use of gas-powered vehicles. Funding from this grant source can only be used to fund shuttles contracted via this existing contract. After this contract, the City can work with Samtrans and Commute.org to pursue a zero emission bus (ZEB) fleet. Starting in 2026, the California Air Resources Page G-4.5
Staff Report #: 23-027-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Board (CARB) will require smaller transit agencies to purchase ZEBs for at least 25 percent of their fleet, growing to 100 percent in 2029. Attachment C provides a hyperlink to a CARB fact sheet about the CARB Innovative Clean Transit regulations.

Impact on City Resources
If the City is successful with these grant applications, staff will include funding for the shuttles in each of the next two annual budget cycles. The estimated total annual cost of the M1-Crosstown, M3-Marsh Road, M4- Willow Road, and Shoppers’ shuttle services is $864,100 in fiscal year 2023-24 and $882,100 in fiscal year 2024-25. The funding for the City’s share of 25 percent comes from the City’s Development Shuttle Fee (approximately $65,000 per year), Measure A funds, and the MTC Lifeline Grant Program (this program provides a maximum of 40 percent for the M1-Crosstown shuttles.) Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

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

Attachments
A. Resolution
B. Hyperlink: menlopark.gov/shuttles
C. Hyperlink: ww2.arb.ca.gov/resources/fact-sheets/innovative-clean-transit-ict-regulation-fact-sheet Report prepared by:

Nicholas Yee, Associate Transportation Planner
Report prepared by:

Hugh Louch, Assistant Public Works Director - Transportation Page G-4.6
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK SUPPORTING THE CITY’S SHUTTLE PROGRAM AND SUBMITTING AN

APPLICATION FOR SAN MATEO COUNTY SHUTTLE PROGRAM FUNDING WHEREAS, there is a need for “around town” transportation to serve many residents, employees and visitors; and
WHEREAS, City of Menlo Park manages a Shuttle Program to provide commuter service to and from the Menlo Park Caltrain station and community service to link residents to vital community services and destinations; and
WHEREAS, the cost of the City’s Shuttle Program is estimated to be $1,746,200 over fiscal years 2023-24 and 2024-25; and
WHEREAS, the City wishes to sponsor the City’s Shuttle Program; and WHEREAS, the City seeks up to $1,196,800 for the Program in fiscal years 2023-24 and 2024- 25; and
WHEREAS, June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA) of a halfcent transactions and use tax in San Mateo County for 25 years, with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA the half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (New Measure A); and
WHEREAS, the Board of Directors of the City/County Association of Governments (C/CAG) of San Mateo County at its February 14, 2002 meeting approved the Congestion Relief Plan and subsequently reauthorized the Congestion Relief Plan in 2007, 2010, 2015, and 2019; and WHEREAS, a component of the C/CAG Congestion Relief Plan is to support Local and Employer Based Shuttle Programs; and
WHEREAS, the TA and C/CAG issued a joint Call for Projects for the San Mateo County Shuttle Program on January 13, 2023; and
WHEREAS, the TA and C/CAG require a governing board resolution from the City in support of the City’s application for $1,196,800 from the San Mateo County Shuttle Program for the City’s Shuttle Program; and
WHEREAS, TA and C/CAG require a governing board resolution from the City committing the City to the completion of the City’s Shuttle Program; and Page G-4.7 ATTACHMENT A
Resolution No. XXXX

2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park

1. Directs staff to submit an application for funding from the San Mateo County Shuttle Program for $1,196,800 for the City’s Shuttle Program.

2. Authorizes the City Manager to execute a funding agreement with the San Mateo County Transportation Authority to encumber any Measure A Local Shuttle Program funds and/or City/County Association of Governments Local Transportation Services Program funds awarded.

3. Lest it be known the City commits to the completion of the City’s Shuttle Program if awarded the requested funds from San Mateo County Shuttle Program.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of February, 2023.

Judi A. Herren, City Clerk
Page G-4.8
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: 2/14/2023
Staff Report Number: 23-034-CC
Consent Calendar: Approve the Environmental Quality Commission’s annual work plan

Recommendation
Staff recommends that the City Council approve the Environmental Quality Commission’s 2023 work plan (Attachment A.)
Policy Issues
City Council Policy #CC-23-004 (Attachment B) defines the policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees. Each commission is required to develop an annual work plan in support of the City Council work plan and seek City Council approval no later than September 30 of each year per the policy.

Background
The Environmental Quality Commission (Commission) advises the City Council on matters involving environmental protection, improvement and sustainability. During their regular meeting in November, the commission approved their 2023 work plan (Attachment A.) The plan requires City Council approval to implement.

Analysis
The 2023 Commission work plan includes four priority areas:

1. 2030 Climate Action Plan (CAP) implementation

2. Climate resilience and adaptation education and outreach

3. Increasing the urban canopy

4. Supporting green and sustainable initiatives
Immediate work includes the following:
• Recommend and advise the City Council on programs and policies that support the phase of out of fossil fuels in existing buildings (CAP strategy No. 1.)
• Advise City Council on forming a working coalition of local nonprofits, schools, businesses and citizens from every district and county representatives to recommend policies and programs that increase the number of electric vehicles (EVs) in Menlo Park (CAP strategy No. 2.) • Recommend City Council request vehicle miles traveled (VMT) reductions be placed on the Complete the Streets Commission work plan (CAP strategy No. 4.) Currently, the Complete the Streets Commission work plan includes using VMT reduction to prioritize projects in the Transportation Master Plan.

AGENDA ITEM G-5 Page G-5.1
Staff Report #: 23-034-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov • Advise the City Council on developing a dashboard to measure progress of the CAP and a communications toolkit.
• Brainstorm with key members of city staff a new education and resource model that includes local nonprofits, schools, businesses, citizens and other city and county governments to address climate resilience and adaptation (CAP strategy No. 6.)
• Support application for a grant from the California Department of Forestry and Fire Protection (CALFIRE) to increase the urban forest.
• Track citizen concerns on large scale tree removal projects and provide advice on future policy improvements.

Impact on City Resources
Resources to support the Commission are included in the baseline budget for the sustainability division.

Prioritization may be needed to balance citywide sustainability efforts. Staff will advise and work with Commission members to the maximum extent possible to support their 2023 work plan efforts.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment. Any projects identified through the Commission’s pursuit of these goals and priorities would be subject to environmental review under CEQA in the future.

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. Environmental Quality Commission 2023 work plan
B. City Council Policy CC-22-004 – Commission/Committees policies and procedures, roles and responsibilities

Report prepared by:

Rebecca Lucky, Sustainability Manager
Page G-5.2
1 Environmental Quality Commission
Mission Statement
Environmental Quality Commission
Work Plan for 2023
The Environmental Quality Commission (EQC) is committed to helping the City of Menlo Park to be a leading sustainable city that inspires institutions and individuals and is well positioned to manage present and future environmental impacts, including the urgent threat of climate change. The EQC is charged primarily with advising the City Council on matters involving climate change, environmental protection, and sustainability.

Page G-5.3 ATTACHMENT A
2 Environmental Quality Commission
2023
Commission members listing
Commissioner (Chair) Tom Kabat
Commissioner (Vice Chair) Nancy Larocca Hedley
Commissioner Leah Elkins
Commissioner Angela Evans
Commissioner Jeffrey Lin
Commissioner Jeff Schmidt
Commissioner John McKenna
Page G-5.4
3 Environmental Commission
Priority List
The Environmental Quality Commission has identified the following priorities for 2023:

1. Climate Action Plan (CAP) – Continue to recommend/advise on implementation of the City’s adopted 2030 Climate Action Plan initiatives to achieve or surpass the City’s greenhouse gas (GHG) reduction target, which includes:
• Adoption of an existing building electrification policy (Action #1) • Promotion of City goals for increasing EVs and decreasing gasoline sales (Action #2) • Implementation of a program or policy to expand access to EV charging for multi-family and commercial properties (Action #3)
• Reduction of vehicle miles traveled (VMT) by 25% or an amount recommended by the Complete Streets Commission (Action #4)
• Elimination of fossil fuels from municipal operations, including fleet vehicles, gardening equipment, furnaces, water heaters, pool heaters, etc. (Action #5)
• Development of a climate adaptation plan to protect the community from sea level rise and flooding (Action #6)

2. Climate Resilience and Adaptation – Ensure that our most vulnerable communities have a voice in policies and programs to protect their communities from environmental impacts.

3. Urban Canopy – Leverage best practices to advise/recommend on the preservation of heritage trees, city trees and expansion of the urban canopy in all areas of the city; and make determinations on appeals of heritage tree removal permits. • Support the creation of an Urban Forest Master Plan: secure funding, complete canopy audit, community engagement in the process, ensure urban forest is equitable across all districts.

4. Green and Sustainable Initiatives – Support sustainability initiatives, as needs arise, which may include but not be limited to community outreach, climate events and celebrations, habitat protection, healthy ecology, environmental health protection, healthy air, surface water runoff quality, water conservation and waste reduction.

Page G-5.5
4 Environmental Quality Commission
Work Plan
Purpose of
Commission as
defined by Menlo
Park City Council
Policy 3-13-01
The Environmental Quality Commission is charged with advising the City Council on the following matters:
• Mitigating climate change by reducing community-wide greenhouse gas emissions to zero as rapidly as possible and inspiring other cities to follow,
• Preparing the community for the effects of climate change, especially the threat of sea level rise, flooding and drought,
• Preserving heritage trees, maintaining the urban canopy, making determinations on appeals of heritage tree removal permits and organizing an annual Arbor Day tree planting event, • Advising on programs and policies related to all other areas of environmental sustainability, including protection of natural areas, recycling and solid waste reduction, environmentally sustainable practices, air and water pollution prevention, and water and energy conservation.

Priorities already
established by City
Council
• Make gains on 2030 Climate Action Plan, including outreach to the community.

Page G-5.6
5 *The goals and priorities identified below are not listed in order of magnitude.

Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
Climate Action Plan (CAP) –
Continue to
recommend/advise on
implementation of the City’s
adopted 2030 Climate
Action Plan initiatives to
achieve or surpass the
City’s greenhouse gas
(GHG) reduction target,
which includes:
• Action #1: Review and
recommend/advise on a
policy to phase out the
use of fossil fuels of
existing buildings,
including a two-step
process (2022-2023) for
renewing and updating
Reach codes. Provide
feedback and advice on
ways to optimize
electrification planning and
building permit activities
for speed and efficiency.
• Action #2: Advise City
Council on forming
working coalition of local
nonprofits, schools,
business, citizens from
every district, and county
representatives to review
and recommend/advise on
policies and programs that
increase the number of
• Other cities inspired to
join us in adopting
bold climate action, as
happened with City’s
all-electric Reach
Code
• Reduced GHG
emissions
• Reduced air pollution
• Reduced traffic
congestion
• Improved public health
• Increased community
engagement for
emissions reductions
• Reduced risk of
stranding fossil fuel
assets
• Increased equity and
environmental justice
• Increased
preparedness for sea
level rise and other
climate threats
• Demonstrated
environmental
leadership
• Improved
transparency on city
goals and activities to
meet GHG targets
• Permitting efficiency
would free up staff
resources for most
important activities.

Yes 
No
Yes 
No
• Subcommittees:

Change name of
Climate Outreach
subcommittee to
Climate Education
subcommittee
• Partnerships with
organizations,
businesses, other
commissions
• Staff time
• Consultants/contrac
tors
2+ years 1. City reports progress
on CAP metrics such
as gasoline sales, EV
registrations, natural
gas sales, water
heater replacements,
etc.

2. City adopts policy for
phasing out the use of
fossil fuels in existing
buildings

3. City launches program
to assist multi-family
and commercial
building owners to
install EV charging

4. Complete Streets
proposes a VMT
reduction goal

5. City makes progress
on developing a
climate adaptation
plan

6. Other cities copy
Menlo Park’s climate
policies and programs

Page G-5.7
6 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
EVs in Menlo Park and
decrease gasoline sales.
• Action #3: Review and
recommend/advise on
policies and programs to
increase access to EV
charging for multifamily
and commercial properties
• Action #4: Recommend
that Council request CAP
action #4 be included on
Complete Streets
Commission Work Plan
(reduce vehicle miles
traveled (VMT) by 25% or
an amount recommended
by the Complete Streets
Commission)
• Action #5: Continue to
advise/recommend ways
to electrify municipal
buildings, fleet and
landscaping equipment
• Action #6: Continue to
advise/recommend a
climate adaptation plan to
protect the community
from sea level rise and
flooding
• Advise/recommend
Council support for State
adoption of impactful
CALGreen and energy
reach codes for the 2022
building code update
• Provide
recommendations/advice
Page G-5.8
7 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
that improves
communication with the
community about the
Climate Action Plan
• Recommend City strategy
for sharing our policies
and analysis with other
cities to inspire and help
others adopt bold climate
action
• Advise City Council on
policy and program
recommendations that are
adopted and implemented,
such as advice on
developing a simple
dashboard of relevant
metrics (e.g. gasoline
sales, EV registrations)
and communications
toolkit that can be used for
progress reporting within
the city as well as citizen
education and awareness
building.

Page G-5.9
8 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
Climate Resilience and
Adaptation - Ensure that
Menlo Park’s most vulnerable
communities are protected
from environmental impacts.
• Create/strengthen
partnerships with staff and
community organizations
to create greater
awareness within the EQC
about disproportionate
impacts of climate change
on vulnerable
communities.
• Ensure that perspectives
from our most vulnerable
populations are
represented in EQC
discussions and
recommendations to
Council.
• Create subcommittee to
work on this initiative and
develop more specific
goals.
• Brainstorm with key
members of city staff a
new education and
resource model that
includes local nonprofits,
schools, businesses,
citizens, and other city and
county governments.

Recommendations to
Council are informed with
an environmental justice
view.

Recommendations to
Council take into account
the needs of the most
vulnerable communities in
our city.

Historical inequities begin
to be righted.

Yes 
No
Yes 
No
• Subcommittees
• Partnerships with
organizations,
businesses, other
commissions
• Staff time
• Consultants/contrac
tors
Vulnerable communities
confirm that historic
injustices are being
addressed.

Page G-5.10
9 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
Urban Canopy – Continue to
leverage best practices to
advise and recommend on
the preservation of heritage
trees, city trees and
expansion of the urban
canopy; and make
determinations on appeals
of heritage tree removal
permits.
• Support the creation and
implementation of an
Urban Forest Master Plan
(UFMP) to include
securing funding for
UFMP, complete canopy
audit, community
engagement in the
process, ensure urban
forest is equitable across
all districts, researching
ways other cities measure
and enhance the health of
their urban forest
• Monitor the effectiveness
of the new Heritage Tree
Ordinance
• Hear heritage tree
appeals
• Receive updates on
implementation and
operation of the Heritage
Tree Ordinance and
recommend adjustments
as needed
• Complete audit of
Menlo Park’s tree
canopy
• Clear goals and
implementation plan
for the future of our
urban forest
• More equitable canopy
coverage across all
districts
• Increased shade and
cooling to counteract
extreme heat
• Increased carbon
sequestration
• Improved air quality
• Improved public
awareness and
satisfaction with our
urban forest and
Heritage Tree policies
• Efficient functioning of
the Heritage Tree
policies
Yes 
No
Yes 
No
• Subcommittee
• Partnerships with
organizations,
businesses, other
commissions
• Staff time
• Consultants/contrac
tors
• Funding for the
Urban Forest
Master Plan
creation and
implementation.

Ongoing • Creation of the Urban
Forest Master Plan
• Reduction in the
number of healthy
trees removed
• Increase in the
diversity and quality of
trees within the entire
urban canopy
• Improved coordination
with the planning
process
• Deliver
recommendation on
conducting inventory
and catalogue of urban
tree canopy
Page G-5.11
10 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
• Organize annual Arbor
Day event
• Engage community,
especially youth, in
relevant programs
Green and Sustainable
Initiatives – Support
sustainability initiatives, as
needs arise, which may
include but not be limited to
habitat protection, healthy
ecology, environmental health
protection, healthy air, surface
water runoff quality, water
conservation and waste
reduction.
• Support community
and/or city-led Earth
Day events
• Support awareness
and implementation of
future Zero Emission
• Reduced cases of
asthma
• Clean air
• Clean water
• Reduced
environmental impacts
on health
• Reduced exposure to
pollutants
• More efficient water
usage
• Critical habitat
preserved
• Less waste generated
Yes 
No
Yes 
No
• Create
subcommittees, if
additional focus is
needed.

Ongoing • Council and
community view
Commission as
responsive to
environmental
concerns
Page G-5.12
11 Goals, projects or priorities
of the Commission
Benefit, if completed Mandated by
State/local
law or by
City Council
direction?
Required
policy
change at
City
Council
level?
Resources needed for
completion? Staff or
creation of
subcommittees?
Estimated
completion
time
Measurement criteria
How will we know how
we are doing?
Landscape Equipment
(ZELE) ordinance
• Develop
recommendation for
pesticide posting
ordinance
• Support initiatives
improving air and
water quality
• Support initiatives
protecting
environmental health
• Support initiatives that
reduce waste
• Support initiatives that
conserve water
• Support initiatives that
improve the quality of
water runoff in the City
• Administer
Environmental Quality
Awards program.

Page G-5.13
12 List identified goals,
priorities and/or tasks for
the Commission
**Prioritize tasks by their significance
1 Urgent
2 1-year
3 2-year
4 Long term
Climate Action Plan (CAP) –
Continue to
recommend/advise on
implementation of the City’s
adopted 2030 Climate Action
Plan initiatives to achieve or
surpass the City’s greenhouse
gas (GHG) reduction target.
• Action #1: Review
and
recommend/advise
on policies to
phase out the use
of fossil fuels of
existing buildings.

Review and
recommend/advise
on Reach Codes
for new and
existing buildings.

Review and
recommend/advise
on ways to
optimize
electrification
planning and
building permit
activities for speed
and efficiency.
• Action #2: Advise
City Council on
forming working
coalition of local
nonprofits, schools,
businesses,
citizens from every
district, and county
representatives to
review and
recommend/advise
on policies and
programs that
increase the
number of EVs in
Menlo Park and
• Action #3: Review and
recommend/advise on
policies and/or programs
to increase access to EV
charging for multi family
and commercial
properties
• Action #5: Continue to
provide
recommendations/advice
to electrify municipal
buildings, fleet and
landscaping equipment
• Advise/recommend
Council support for State
adoption of impactful
impactful CALGreen and
energy reach codes for
the 2022 building code
update
• Provide
recommendations/advice
that improves
communication with the
community about the
Climate Action Plan
• Recommend City
strategy for sharing our
policies and analysis with
other cities to inspire and
help others adopt bold
climate action
• Action #6: Continue to
provide
recommendations/advice
in developing a climate
adaptation plan to
protect the community
from sea level rise and
flooding
• Continue to provide
recommendations/advise
on new climate actions
to be adopted by Council
in 2021
• Continue to provide
recommendations/advice
that improves
communication with the
community about the
Climate Action Plan
• Recommend City
strategy for sharing our
policies and analysis
with other cities to
inspire and help others
adopt bold climate action
Page G-5.14
13 decrease gasoline
sales.
• Action #4:

Recommend that
Council request
CAP action #4 be
included on
Complete Streets
Commission Work
Plan (reduce
vehicle miles
traveled (VMT) by
25% or an amount
recommended by
the Complete
Streets
Commission)
• Advise City
Council on policy
and program
recommendations
that are adopted
and implemented,
such as advice on
developing a
simple dashboard
of relevant metrics
(e.g. gasoline
sales, EV
registrations) and
communications
toolkit that can be
used for progress
reporting with the
city as well as
citizen education
and awareness
building.

Climate Resilience and
Adaptation – Ensure that our
most vulnerable communities
• Brainstorm with key
members of city
staff a new
education and
Page G-5.15
14 have a voice in policies and
programs to protect their
communities from
environmental impacts.
resource model that
includes local
nonprofits, schools,
businesses,
citizens, and other
city and county
governments.

Urban Canopy – Continue to
leverage best practices to
advise and recommend on the
preservation of heritage trees,
city trees, and expansion of
the urban canopy; and make
determinations on appeals of
heritage tree removal permits.
• Support
submission of
concept proposal
to CalFire for grant
to create
Urban Forest
Master Plan
(UFMP)
• Track citizen
concerns on large
scale tree removal
projects and
provide advice on
future policy
improvements as it
relates to tree
removals
• Support creation of
the UFMP
• Support the
implementation of the
UFMP
• Receive annual
updates on operation
and implementation
of the Heritage Tree
Ordinance and
recommend
adjustments as
needed
• Organize annual
Arbor Day event
• Support the
implementation of UFMP • Support the
implementation of UFMP
Green and Sustainable
Initiatives – Support
sustainability initiatives, as needs
arise, which may include but not
be limited to habitat protection,
healthy ecology, environmental
health protection, healthy air,
surface water runoff quality,
water conservation and waste
reduction.
• Support community
and/or city-led Earth
Day events
• Support awareness
and implementation
of future ZELE
ordinance
• Develop recommendation
for pesticide posting
ordinance
• Support initiatives
improving air and water
quality
• Support initiatives
protecting environmental
health
• Support initiatives that
reduce waste
• Support initiatives that
conserve water
Page G-5.16
15 • Support initiatives that
improve the quality of
water runoff in the City
• Administer Environmental
Awards Quality program
Page G-5.17

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-23-004
Adopted January 10, 2023
Resolution No. 6803
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has seven active Commissions and Committees. The active advisory bodies are:

Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution No. 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

Six of the seven commissions and committees listed above are advisory in nature. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.12) and State statute (Government Code 65100 et seq., 65300-65401).

The City has an adopted Anti-Harassment and Non-Discrimination Policy (CC-21-0022), and a Travel, Meal, and Lodging Policy (CC-19-002), which are also applicable to all advisory bodies.

Policies and Procedures
Relationship to City Council, staff and media
 Upon referral by the City Council, the commission/committee shall study referred matters and return their recommendations and advise to the City Council. With each such referral, the City Council may authorize the City staff to provide certain designated services to aid in the study.  Upon its own initiative, the commission/committee shall identify and raise issues to the City Council’s attention and from time to time explore pertinent matters and make recommendations to the City Council.  At a request of a member of the public, the commission/committee may consider appeals from City actions or inactions in pertinent areas and, if deemed appropriate, report and make recommendations to the City Council.  Each commission/committee is required to develop an annual work plan which will be the foundation for the work performed by the advisory body in support of City Council annual work plan. The plan, once finalized by a majority of the commission/committee, will be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. The proposed work plan must align with the City Council’s adopted work plan. When modified, the work plan must be taken to the City Council for approval. The Planning Commission is exempt from this requirement as its functions are governed by the Menlo Park municipal code (Chapter 2.12) and State law (Government Code 65100 et seq, 65300-65401).  Commissions and committees shall not become involved in the administrative or operational matters of City departments. Members may not direct staff to initiate major programs, conduct large studies or establish department policy. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature.

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
 Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that their statements do not represent the position of the City Council.  Commission/Committee members will have mandatory training every two years regarding the Brown Act and Page G-5.18 ATTACHMENT B

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 2
Adopted January 10, 2023
Resolution No. 6803

parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body.

The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

City Councilmembers should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committee, City Councilmembers are to reflect the views of the City Council as a body. Being a commission/committee liaison bestows no special right with respect to commission/committee business.

Typically, assignments to commission/committee liaison positons are made at the beginning of a City Council term in December. The Mayor will ask City Councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the various committees, boards, and commissions which City Councilmembers will represent as a liaison. In the rare instance where more than one City Councilmember wishes to be the appointed liaison to a particular commission, a vote of the City Council will be taken to confirm appointments.

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.  Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Advisory Body Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page G-5.19

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 3
Adopted January 10, 2023
Resolution No. 6803

provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

City Council referrals
The city clerk shall transmit to the designated staff liaison all referrals and requests from the City Council for advice and recommendations. The commissions/committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments.

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that they are speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate. Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

Disbanding of advisory body
Upon recommendation by the Chair or appropriate staff, any standing or special advisory body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council.

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, city manager, city attorney, city clerk and other appropriate staff, as requested.  Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

2. Conduct and parliamentary procedures
 Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert’s Rules of Order.
 A majority of commission/committee members shall constitute a quorum and a quorum must be seated before official action is taken.
 The chair of each commission/committee shall preside at all meetings and the vice chair shall assume the duties of the chair when the chair is absent.
 The role of the commission/committee chair (according to Roberts Rules of Order): To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them; to assist in the expediting of business in every compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if they think it advisable; to restrain the members when engaged in debate, within the rules of order, to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly; to inform the assembly when necessary, or when referred to for the purpose, on a point of order to practice pertinent to pending business; to authenticate by their signature, when necessary, all the acts, orders, and proceedings of the assembly declaring it will and in all things obeying its commands.

Page G-5.20

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 4
Adopted January 10, 2023
Resolution No. 6803

3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.  The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.
 All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

4. Meeting locations and dates
 Meetings shall be held in designated City facilities, as noticed.  All commissions/committees with the exception of the Planning Commission, and Finance and Audit Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month and the Finance and Audit Committee shall hold quarterly meetings.  Monthly regular meetings shall have a fixed date and time established by the commission/committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the commission/committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the City Council and made available to the public.

The schedule of Commission/Committee meetings is as follows:
 Complete Streets Commission – Every second Wednesday at 6:30 p.m.  Environmental Quality Commission – Every third Wednesday at 6:00 p.m.  Finance and Audit Committee – Third Thursday of every quarter at 5:30 p.m.,  Housing Commission – Every first Wednesday at 6:30 p.m.  Library Commission – Every third Monday at 6:30 p.m.
 Parks and Recreation Commission – Every fourth Wednesday at 6:30 p.m.  Planning Commission – Twice a month on a Monday at 7 p.m.

Each commission/committee may establish other operational policies subject to the approval of the City Council.

Any changes to the established policies and procedures shall be subject to the approval of the City Council.

5. Off-premises meeting participation
While technology allows commission/committee members to participate in meetings from a location other than the meeting location (referred to as “off-premises”), off-premises participation is discouraged given the logistics required to ensure compliance with the Brown Act and experience with technological failures disrupting the meeting. In the event that a commission/committee member believes that their participation is essential to a meeting, the following shall apply:
 Any commission/committee member intending to participate from an off-premise location shall inform the staff liaison at least two weeks in advance of the meeting.
 The off-premise location must be identified in the notice and agenda of the meeting.  Agendas must be posted at the off-premise location.
 The off-premise location must be accessible to the public and be ADA compliant.  The commission/committee member participating at a duly noticed off-premises location does not count toward the quorum necessary to convene a meeting of the commission/committee.  For any one meeting, no more than one commission/committee member may participate from an off-premise location.
 All votes must be by roll call.

6. Selection of chair and vice chair
 The chair and vice chair shall be selected in May of each year by a majority of the members and shall serve for one year or until their successors are selected.
 Each commission/committee shall annually rotate its chair and vice chair.

Page G-5.21

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 5
Adopted January 10, 2023
Resolution No. 6803

G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or their designee.  Appointments made during the middle of the term are for the unexpired portion of that term.

Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the city clerk’s office and on the City’s website.  The city clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline.

Applications sent by email are accepted.
 After the deadline of receipt of applications, the city clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the city clerk will extend the application period for an indefinite period of time until sufficient applications are received.  Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the city clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted at a City Council meeting. The city clerk will ask each City Councilmember for their nominations; the number of nominations is limited to the number of vacancies. The candidate that receives a majority of nominations will be appointed. If there is a tie, multiple rounds of voting will occur.
 Following a City Council appointment, the city clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.
 An orientation will be scheduled by the city clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

Attendance
 A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members.
 Absences, which result in attendance at less than two-thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the City Council.  Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence.  While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that they will be absent.
 When reviewing commissioners for reappointment, overall attendance at full commission meetings will be given significant consideration.

Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, Page G-5.22

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 6
Adopted January 10, 2023
Resolution No. 6803

members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-19-002).

Conflict of interest and disclosure requirements
 A Conflict of Interest Code has been updated and adopted by the City pursuant to Government Code §87300 et seq. Copies of the conflict of interest code are filed with the city clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Complete Streets Commission, Housing Commission, and Planning Commission are required to file a Statement of Economic Interest with the city clerk to disclose personal interest in investments, real property and income. This is done within 30 days of appointment and annually thereafter. A statement is also required within 30 days after leaving office.  If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using their official position to influence a governmental decision. Questions in this regard may be directed to the city attorney.

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee.

Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the city clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).  Resignations must be submitted in writing to the city clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.
 Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.  If a member resigns before the end of their term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are posted by the city clerk in the City Council Chambers bulletin board and on the city website.  Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).
 On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the city clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

Page G-5.23

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 7
Adopted January 10, 2023
Resolution No. 6803

Roles and Responsibilities
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. The Complete Streets Commission's responsibilities include:
 To advance the goals of the city’s newly adopted climate action plan by making alternatives to driving safer and more attractive
 Advise City Council on the implementation of the transportation master plan.  Continue to advocate for and advise the City Council on planning and installing pedestrian and bicycle rail crossing and safe cycling/pedestrian infrastructure.
 Continue to support City Council in ongoing initiatives to improve access to Downtown and support downtown businesses.
 Continue to support the implementation of the Safe Routes to School strategy and advocate for community engagement, program continuity and engineering implementation.  Continue to support City Council’s role as a stakeholder with regard to regional multi-modal and transportation demand management programs projects to increase
Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
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. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City  Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan 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. Specific focus areas include:
 The scope and degree of library activities
Page G-5.24

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 8
Adopted January 10, 2023
Resolution No. 6803

 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
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. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.  The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.  The Commission works on special projects as assigned by the City Council.

Special Advisory Bodies
The City Council has the authority to create standing committees, task forces or subcommittees for the City, and from time to time, the City Council may appoint members to these groups. The number of persons and the individual appointee serving on each group may be changed at any time by the City Council. There are no designated terms for members of these groups; members are appointed by and serve at the pleasure of the City Council.

Any requests of city commissions or committees to create such ad hoc advisory bodies shall be submitted in writing to the city clerk for City Council consideration and approval.

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
Page G-5.25

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 9
Adopted January 10, 2023
Resolution No. 6803

Procedure adoption 9/20/2022 Resolution No. 6776
Procedure adoption 1/10/2023 Resolution No. 6803
Page G-5.26
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: 2/14/2023
Staff Report Number: 23-033-CC
Consent Calendar: Adopt a resolution approving the City Council Community Funding Subcommittee’s
recommendations for 2022-23 community funding
allocations
Recommendation
The City Council Community Funding Subcommittee (Subcommittee) recommends that the City Council adopt a resolution (Attachment A) approving the Subcommittee’s recommended 2022-23 community funding allocations to local nonprofit agencies totaling $307,000.

Policy Issues
The Subcommittee’s recommendations are consistent with the City Council’s current community funding program policy.

Background
The City of Menlo Park adopted a formal policy guiding allocation of general fund dollars to community organizations in 1996 (Attachment B) to leverage City funds in response to the human service needs of Menlo Park residents.

The policy guidelines stipulate that eligible programs must address a verified community need and have a significant Menlo Park client base. Priority service areas include emergency assistance for those who are homeless or low-income; assistance to the disabled; help for seniors to be independent; senior day care support; youth services including recreational and summer academic support; crisis and family counseling; and substance abuse prevention. Applicants must maintain accounting records with an independent audit at least once every two years.

Each fiscal year, according to the policy, no more than 1.7 percent of projected general fund property tax revenue (approximately $589,794 in fiscal year 2022-23) may be allocated to the community funding program.

The approved general fund budget for fiscal year 2022-23 currently includes $297,000 for community funding allocations. This amount equals the amount from fiscal year 2021-2022 Analysis
Vice Mayor Taylor and City Councilmember Combs were appointed as the Subcommittee for fiscal year AGENDA ITEM G-6 Page G-6.1
Staff Report #: 23-033-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 2022-23. The Subcommittee is charged with evaluating funding requests and making recommendations to the full City Council as to the allocation of the funds budgeted for the community funding program.

This year, the City provided notice of the grant program to agencies that received funding in prior years as well as additional organizations referred by City Councilmembers and staff. Twenty-seven agencies responded with requests totaling $425,500, a decrease of $74,500 from the total amount requested in fiscal year 2021-22. Three organizations submitted applications that did not apply last year. Applicants provide services such as counseling, crisis intervention, employment assistance, shelter, hospice services, community health, risk reduction education, and youth and senior services.

The Subcommittee reviewed the criteria established to assess the applications against factors aligned with the community funding policy such as: verified program results; impact on the Menlo Park community; percentage of total budget spent on administrative overhead; receipt of City funding in previous years; community need for the program; unduplicated service or, if duplicated, evidence of collaboration; and alignment with City Council goals for the program.

All agencies that applied for funding this year were recommended for awards of at least $2,000. The largest recommended amounts were to Star Vista, $25,000, for youth counseling services at Menlo Atherton High School; to Peninsula Conflict Resolution Center, $25,000, for Youth Initiative and Restorative Justice Practices; Samaritan House, $20,000, for at-risk individuals and families helping with food, access to shelter, health care and emergency financial services; Peninsula Volunteers, $20,000, to support Meals on Wheels, Rosener House Adult Day Center, and transportation program for seniors.

In total, the Subcommittee recommends a total $307,000 in funding awards for fiscal year 2022-23. This total amount exceeds the adopted fiscal year 2022-23 budgeted amount for funding awards by $10,000.

Approving the recommended total $307,000 in funding awards would require City Council appropriation of $10,000 during the mid-year budget amendment. The Subcommittee recommends this action in recognition of the extraordinary needs in the community at the current time. In addition, the Subcommittee noted a desire for increased advertising of the community funding program in the next fiscal year. City staff will promote the application opportunity more extensively through communication channels.

The table on the following page outlines funding allocations approved by the City Council in fiscal year 2021-22, requests for fiscal year 2022-23, and the Subcommittee’s recommendations.

Table 1: Funding requests for fiscal year 2022-23
Agency
Fiscal year
2021-22
allocation
Fiscal year
2022-23
request
Subcommittee
recommendation
for fiscal year
2022-23
AbilityPath $1,500 $10,000 $3,000
Acknowledge Alliance $17,500 $20,000 $16,000
All Five $10,000 $13,000 $13,000
Community Overcoming Relationship Abuse
(CORA) $7,500 $7,500 $5,000
East Palo Alto Tennis and Tutoring (EPATT) $12,500 $15,000 $15,000 Family Connections $7,500 $10,000 $8,000
Page G-6.2
Staff Report #: 23-033-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Human Investment Project, Inc. $15,000 $15,000 $12,000
JobTrain, Inc. $10,000 $10,000 $10,000
Legal Aid Society of San Mateo County $8,000 $8,000 $8,000 LifeMoves $20,000 $20,000 $16,000
Live In Peace, Inc. $10,000 $50,000 $10,000
Menlo Rotary Community Foundation* * $1,500 $3,000
Nuestra Casa de East Palo Alto $10,000 $10,000 $10,000
Ombudsman Services of San Mateo County,
Inc. $2,500 $3,000 $3,000
Omniware Networks* * $2,000 $2,000
Peninsula Conflict Resolution Center (PCRC)* * $25,000 $25,000 Peninsula Volunteers Inc. $20,000 $50,000 $20,000
Ravenswood Classroom Partners (All Students
Matter) $10,000 $15,000 $15,000
Ravenswood Education Foundation $10,000 $15,000 $15,000 Rebuilding Together Peninsula $10,000 $10,000 $10,000
Samaritan House $20,000 $27,500 $20,000
Service League of San Mateo County $2,500 $3,000 $3,000 StarVista $25,000 $45,000 $25,000
The Boys and Girls Club of the Peninsula $15,000 $10,000 $10,000 Upward Scholars $2,500 $5,000 $5,000
Vista Center for the Blind and Visually Impaired $15,000 $15,000 $15,000 Youth Community Service $7,500 $10,000 $10,000
Other fiscal year 2021-22 awardees that did not
apply $27,500 - -
Total $297,000 $425,500 $307,000
*New applicant in 2022-23
Additional information about each organization’s application is available in the city manager’s office.

Impact on City Resources
The fiscal year 2022-23 adopted budget includes $297,000 for the community funding program. Approving the Subcommittee’s recommended total funding amount of $307,000 would require City Council appropriation of $10,000 during the mid-year 2022-23 budget amendment.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Page G-6.3
Staff Report #: 23-033-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

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

Attachments
A. Resolution
B. City Council Policy #CC-01-1996 Community Funding Program C. Hyperlink – Community funding agreement: menlopark.gov/files/sharedassets/public/city-managersoffice/documents/fy2022-23-community-funding-agreement-template.pdf Report prepared by:

Nicole Casados, Executive Assistant to the City Manager Rondell Howard, Interim Assistant Community Services Director Rani Singh, Interim Finance and Budget Manager
Page G-6.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING THE CITY COUNCIL COMMUNITY FUNDING SUBCOMMITTEE RECOMMENDATIONS REGARDING ALLOCATION OF FISCAL YEAR 2022-23

COMMUNITY FUNDING
The City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Menlo Park that the City Council hereby approves the City Council Community Funding Subcommittee recommendations regarding fiscal year 2022-23 community funding allocations in the total amount of $307,000, as more particularly set forth in the staff report presented to the City Council on February 14, 2023.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this ___ day of February, 2023.

Judi A. Herren, City Clerk
Page G-6.5 ATTACHMENT A

COMMUNITY FUNDING PROGRAM
City Council Policy #CC-01-1996
Effective 06/04/1996
Purpose
To provide guidelines for the award of monetary support to local nonprofit agencies whose programs respond to the human service needs of Menlo Park residents. This funding is not intended for use as the sole support of any agency. All recipients of financial assistance grants enter into a contractual agreement with the City detailing the specific objectives to be accomplished as a result of the grant.

Policy

1. Goals and Philosophy
The City of Menlo Park recognizes that:

1.1 The availability of basic human service programs is a key determining factor in the overall quality of life of Menlo Park residents;

1.2 The most cost-effective and efficient manner to insure that these services are available to local residents is through the development of agreements with existing nonprofit agencies;

1.3 Contractual agreements with nonprofit agencies allow the City to influence the human service programs offered to Menlo Park residents; and

1.4 Financial assistance grants demonstrate the City’s support of the activities of specific nonprofits and make it possible for these agencies to leverage additional funds that will benefit local residents.

2. Eligibility

2.1 All applicants must be formally incorporated nonprofit entities and must be tax exempt (under Section 501(c)(3) of the IRS Code, and Section 2370(d) of the California Revenue and Taxation Code).

2.2 All applicants must be agencies based in Menlo Park or agencies that provide services throughout the County of San Mateo who can demonstrate a significant Menlo Park client base.

2.3 All applications must provide a service that is not a duplication of an existing public sector program, OR if the service is duplicated, the applicant must show why it is not an unnecessary duplication of service.

2.4 All applicants shall maintain accounting records that are in accordance with generally accepted accounting practices. The agency must have an independent audit performed at least once every two years.

2.5 The agency must have bylaws that define the organization’s purposes and functions, its organization and the duties, authority and responsibilities of its governing body and officers.

2.6 Governance of the agency should be vested in a responsible and active board that meets at least quarterly and establishes and enforces policies. The board should be large enough and so structured to be representative of the community it serves. It should have a specific written plan for rotation or other arrangements to provide for new members.

ATTACHMENT B
Page G-6.6
2 2.7 The agency must provide for adequate administration of the program to insure delivery of the services. The agency must provide that it has a written job description for each staff position and an organizational chart approved by the board. One individual should be designated as the full time director of the agency.

2.8 No less than 85 percent of City funds granted must be used for direct services as opposed to administrative costs.

2.9 City grants can represent no more that 20 percent of an applicant’s total operating budget.

2.10 All recipients agree to actively participate in City efforts to coordinate and to improve human services within the City.

2.11 The program described must respond to a verified community need as defined by the City Council:

Disabled. Emphasizes support of programs that will allow the disabled to actively participate in their community and maintain independence from institutional support.

Emergency Assistance and Low Income Support. Emphasizes support of programs that can meet emergency needs for people in crisis such as victims of homelessness, rape, and domestic violence and the basic needs such as food, etc., for low-income residents.

Seniors. Emphasizes support of programs which serve predominantly low income, frail and minority seniors; and those programs which make it possible for seniors to continue to be independent and active community participants.

Youth. Emphasizes support of delinquency prevention services including recreation; crisis and family counseling; substance abuse prevention; child care and acculturation of ethnic minorities.

3. Procedure
Any agency requesting financial assistance must complete the required application and submit it to the Administrative Services Department. The City Council Community Funding Subcommittee is responsible for reviewing all proposals and submitting recommendations for funding to the City Council.

4. Funding
Grants are funded by the General Fund. Each fiscal year, no more than 1.7 percent of general fund property tax will be allocated to the Community Funding Program.

Page G-6.7
Public Works

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-028-CC
Consent Calendar: Adopt a resolution to abandon two ten-foot wide public utility easements along the northeasterly
side (rear) of properties at 1701 Bay Laurel Drive
and 1715 Bay Laurel Drive; determine this action is
categorically exempt under California
Environmental Quality Act Guidelines Section 15305
Class 5 exemption for minor alterations in land use
limitations
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to abandon two ten-foot wide public utility easements along the northeasterly side (rear) of the properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive and determine this action is categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15305 Class 5 exemption for minor alterations in land use limitations.

Policy Issues
In order to abandon public easements, the City is legally required to go through a multistep process as specified by the State of California Streets and Highways Code or can abandon public easements through a tentative map as provided for in the Subdivision Map Act (California Government Code Section 66499.20.2.) In addition to the process required by the Streets and Highways Code, City practice has been to initiate abandonment proceedings with the City Council consideration of a resolution of intent.

Background
In May 2020, the City issued a building permit for the construction of a new two-story, single-family residential home at 1701 Bay Laurel Drive. During the construction of the new residence, PG&E removed the existing overhead electric utilities located along the rear of the properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive, at the request of the property owners. New underground electric utilities were installed on Bay Laurel Drive to provide utility services to both 1701 and 1715 Bay Laurel Drive properties.

On December 6, 2022, the City Council adopted Resolution No. 6796 (Attachment B) declaring intention to abandon public utility easements along the rear of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive referring the matter to the Planning Commission for a recommendation on general plan consistency, and setting a date for a public hearing by City Council.

At its January 9, 2023 meeting, the Planning Commission reviewed the proposed abandonment and adopted Resolution No. 2023-03 (Attachment C) determining the abandonments were consistent with the City’s general plan, and recommending to the City Council that the public utility easements along the rear properties of 1701 Bay Laurel Drive and 1715 Bay Laurel Drive be abandoned as proposed.

AGENDA ITEM H-1 Page H-1.1
Staff Report #: 23-028-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Analysis
The existing overhead utilities along the rear of the properties located at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive were removed. New underground utilities were installed on Bay Laurel Drive to provide utility services to both 1701 and 1715 Bay Laurel Drive properties. The applicant has obtained “no objection” letters for the easement abandonment from all relevant public utility agencies for both 1701 Bay Laurel Drive and 1715 Bay Laurel Drive.

The February 14, 2023 public hearing is the final step in the California Streets and Highways Code multistep process for abandonment of public utility easements. Should the City Council consider the abandonment favorably, a resolution ordering the abandonment of the public utility easements along the rear of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive would be adopted. Staff has advertised notices of the public hearing in print newspaper February 1, 2023 and February 8, 2023 and at the project site in accordance with the requirements of the California Streets and Highways Code.

Impact on City Resources
There is no direct impact on City resources associated with the actions in this staff report. The fee for staff time to review and process the abandonment has been paid by the applicant.

Environmental Review
The proposed public utility easement abandonment is Categorically Exempt under Class 5, minor alterations in land use, of the current State of CEQA Guidelines.

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. Resolution
B. Hyperlink – December 6, 2022, City Council agenda (item E5):
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20221206-cc-agenda-packet-with-presentation.pdf#page=67 C. Hyperlink – January 9, 2023, Planning Commission agenda (item F4):
menlopark.gov/files/sharedassets/public/agendas-and-minutes/planning-commission/2023- meetings/agendas/20230109-planning-commission-agenda-packet.pdf#page=214 Report prepared by:

Edress Rangeen, Associate Engineer
Report reviewed by:

Ebby Sohrabi, Senior Civil Engineer
Tanisha Werner, Assistant Public Works Director - Engineering Page H-1.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

ORDERING THE ABANDONMENT OF TWO TEN-FOOT WIDE PUBLIC

UTILITY EASEMENTS ALONG THE NORTHEASTERLY SIDE (REAR) OF PROPERTIES AT 1701 BAY LAUREL DRIVE AND 1715 BAY LAUREL DRIVE WHEREAS, on December 16, 2022, the City Council of the City of Menlo Park adopted Resolution No. 6796, declaring the intention of the City to abandon two ten-foot wide public utility easements along the northeasterly side (rear) of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive, and
WHEREAS, the City Planning Commission of the City of Menlo Park held a Public Hearing and adopted Planning Commission Resolution No. 2023-03 determining that the abandonment of two ten-foot wide Public Utility Easements along the northeasterly side (rear) of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive are consistent with the General Plan and has recommended that the City Council approve the requested abandonments; and WHEREAS, a Public Hearing was held before the City Council of the City of Menlo Park regarding the foregoing matter on February 14, 2023; and WHEREAS, notice of said Public Hearing was duly made by publication, mailing, and posting as required by law, and proof thereof is on file with the City Clerk of the City of Menlo Park; and WHEREAS, no protests were filed with or received by said City Council; and NOW, THEREFORE, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore, hereby finds and resolves that the two ten-foot wide Public Utility Easements should be vacated pursuant to subsection (c) of Section 8333 of the California Streets and Highways Code which allows a vacation of an easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement, and there have been no objections provided to the proposed vacation by utility companies.

BE IT AND IT FURTHER RESOLVED by the City Council of the City of Menlo Park A. That this vacation is made pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, Section 8330 et seq.; and
B. That the City Council has determined that the public interest, convenience and necessity require that the two ten-foot wide Public Utility Easements be vacated; and C. That the City Council does hereby order the vacation of the two ten-foot wide Public Utility Easements along the northeasterly side (rear) of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive, described on the legal plats and more specifically shown in Exhibit A, attached hereto and incorporated herein by this reference and D. The City Clerk is directed and hereby shall cause a certified copy of this Resolution attested to by the Clerk under seal to be recorded with the San Mateo County Recorder, as required by Streets and Highways Code section 8336; and
E. That said abandonment is consistent with the General Plan; and F. That said abandonment is exempt under current California Environmental Quality Act Guidelines.

ATTACHMENT A Page H-1.3
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of February, 2023.

Judi A. Herren, City Clerk
Exhibit:

A. Plats and legal descriptions
Resolution No. XXXX

Resolution No. XXXX

Resolution No. XXXX

Resolution No. XXXX

Resolution No. XXXX

RESOLUTION TO ABANDON PUBLIC UTILITY EASEMENTS
1701 Bay Laurel Drive and 1715 Bay Laurel Drive
H1-PRESENTATION
 Standard Vacation – 3 step process
– City Council – Planning Commission – City Council
 On December 16, 2022, the City Council adopted
Resolution No. 6796
 On January 9th, 2023, Planning Commission adopted
Resolution No. 2023-03 confirming that proposed abandonments were consistent with general plan and recommending approval of abandonment.

PROJECT BACKGROUND
2 MAP
3  Adopt resolution ordering the vacation and abandonment of the two 10-foot-wide Public Utility Easements along the northeasterly side (rear) of properties at 1701 Bay Laurel Drive and 1715 Bay Laurel Drive.

RECOMMENDED ACTION
4 THANK YOU
Public Works

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-032-CC
Regular Business: Provide direction on the preferred bikeway design for Middle Avenue and adopt a resolution to install
no parking zones on Middle Avenue; determine this
action is statutorily exempt as defined by Public
Resource Code Section 21080.25
Recommendation
Staff recommends the City Council provide direction on the preferred bikeway design for the Middle Avenue complete streets project and adopt a resolution to remove parking to implement the preferred concept (Attachment A.)
Policy Issues
This project is consistent with policies and programs stated in the General Plan Circulation Element (e.g., CIRC-1.7, CIRC-1.8, CIRC-2.7, etc.) These policies seek to maintain a safe, efficient, attractive, userfriendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park.

Design and implementation of bicycle facilities on Middle Avenue between El Camino Real and University Drive fulfill “Mitigation Measure TRA-2.1” of the Mitigation Monitoring and Reporting Program (MMRP) established in the 500 El Camino Real (i.e., Middle Plaza) project final environmental impact report (FEIR) approved in 2017.

Background
The Middle Avenue complete streets project is a City Council priority with the following objectives:
• Enhance bicyclist and pedestrian visibility and improve safety of all street users • Provide safe and comfortable cycling and pedestrian infrastructure and encourage sustainable modes of transportation
• Increase accessibility of the corridor by supporting improvements related to Middle Plaza and ongoing study of the grade-separated pedestrian and bicycle crossing Since late 2021, staff have been conducting planning and outreach for this project, with support from Stanford University. Project activities to date include:
• March 2022 – staff conducted initial public outreach, including in person and virtual meetings and launched an online survey that received over 600 responses • May 11, 2022 – staff presented the findings of outreach to the Complete Streets Commission (CSC) • July 13, 2022 – the CSC reviewed design options and made a recommendation to City Council • August 23, 2022 – City Council received an informational update on the project that included a complete AGENDA ITEM I-1 Page I-1.1
Staff Report #: 23-032-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov record of the outreach and analysis. Attachment B provides a hyperlink to the staff report for this meeting.
• September 13, 2022 and October 18, 2022 – City Council reviewed design options for the project, approved certain actions and provided additional direction to staff. Attachments C and D provide the hyperlinks to the September and October staff reports.
• January 24, 2022 – City Council received an informational item with a set of bikeway design options. This information is also provided in this staff report.

In addition to the feedback from the public meetings and public survey, staff has received direct correspondence from residents and feedback via the City Council email log. This feedback has been consistent with input heard from the public outreach process and comments to City Council. The feedback has included individuals concerned about parking removal or about parking removal on both sides, as well as residents who support parking removal. There has also been substantial feedback about other project elements that have been approved or supported in prior City Council meetings, including broad support for traffic calming, some concerns about and some support for the stop sign at Middle Avenue and San Mateo Drive that City Council authorized October 18, 2022, and a combination of support and questions about potential intersection changes at Middle Avenue and El Camino Real.

Since the City Council meetings in September and October 2022, staff developed a summary video that describes the outreach conducted for the project, the City Council decisions, and a summary of options to implement a bikeway. This information is posted on the City’s webpage for the project. The City has also been coordinating with Peninsula Volunteers, Inc. (the operator of Little House and Rosener House) and New Community Church, and provided substantial notifications for this decision, including post cards, a City newsletter article, emails, and placing variable message signs on Middle Avenue.

Analysis
At the September 13, 2022 and October 18, 2022 meetings, the City Council took the following actions related to the Middle Avenue complete streets project:
• Authorized installation a new all-way stop sign on at Middle Avenue and San Mateo Drive • Authorized the temporary closure of Blake Street at Middle Avenue • Directed staff to pursue reducing the speed limit on Middle Avenue between University Drive and Olive Street to 25 miles per hour (MPH) as part of a package of speed limit reductions on similar residential streets that are currently signed 30 MPH
• Directed staff to install traffic calming at regular intervals on Middle Avenue • Directed staff to add a project to the five-year capital improvement plan (CIP) to install continuous sidewalk on the south side of Middle Avenue
In addition to these actions, the City Council also provided feedback to staff to explore a potential pilot of a bikeway that removed parking on both sides of the street and to return to City Council with options for the design of the bikeway that would retain some on-street parking. The City Council also directed staff to provide additional notice to residents about the forthcoming City Council decision.

Staff has identified three potential options to implement bicycle lanes on Middle Avenue (Attachment E) and identified potential trade-offs of these options (Table 1):

1. Pilot removal of parking on both sides of the street and install bicycle lanes that are generally seven-feet wide with three-foot buffers

2. Remove parking from one side of the street and implement buffered bicycle lanes that are generally fivePage I-1.2 Staff Report #: 23-032-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov feet wide with two-foot buffers

3. Remove parking from one side of the street with select additional parking removal on the other side of the street where there are generally reduced parking needs. Bike lane and buffer width would use the wider lane and buffer dimensions where parking is removed and the narrower lane and buffer options where parking is retained.

Automobile travel lanes would be 10 feet wide for all three options. The parking lane, where included, would be seven feet wide. Widths are approximate and will be finalized using survey measurements when the project moves into final design.

Staff has identified the following trade-offs from these three approaches for consideration (Table 1.) Cross sections for each option are shown in Attachment F.)
Table 1: Middle Avenue bicycle lane implementation options Implementation
option Advantages Challenges
(1) Remove parking
from both sides
• Wider bike lanes reduce conflicts with
vehicles
• Wider bike lanes and buffers may be
used for passing turning vehicles
(2) Remove parking
from one side
• Parking retained for users with high
demand or limited supply, including
Nealon Park/Little House, Menlo
Community Church and apartments
• Somewhat narrower bicycle lanes and
buffer
• Increased risk of dooring (bicycle
collisions with people opening car doors)
compared to option 1
(3) Remove parking
on both sides,
except in high need
areas
• Parking retained for users with high
demand or limited supply, including
Nealon Park/Little House, Menlo
Community Church and apartments
• Somewhat narrower bike lanes and buffer
in select areas, including by Nealon Park
and Lyle Park.
• Potential increase risk of dooring in select
areas compared to option 1
Potential pilot
At the September 13, 2022 meeting, City Council asked staff to return with a pilot of option 1 to test the impact of removing parking on both sides of the streets. While any of the three options could be conducted as a pilot, staff recommends consideration of a pilot only for option 1 (remove paring on both sides.) The other two options are similar to other bikeways installed by the City and provide substantial parking capacity. Additionally, installing option 2 or 3 as a pilot requires more substantial adjustments to the existing striping. Those options shift the centerline of the street and require removal of all existing striping. For option 1, a pilot would retain both the centerline and the existing edge line between University Drive and Olive Street that currently marks the parking lane – the bicycle lanes and buffers would fit within this space.

Implementing the project as a pilot would require additional resources and staff time, detailed below that would result in a delay of other transportation priorities, such as restarting the neighborhood transportation management program (NTMP), advancing other corridor studies, or addressing other upcoming projects.

The pilot would include removing any non-conforming striping, installing temporary striping, conducting additional outreach on the corridor, and evaluating the pilot, returning to CSC and City Council to present finalize the design, and then installing permanent striping.

Staff developed an evaluation framework (Attachment G) that will be implemented if direction is provided to pursue a pilot at the February 14 meeting. Staff has also begun to organize pre-pilot data collection to Page I-1.3
Staff Report #: 23-032-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov ensure that a pilot could be initiated by the summer of 2023.

Project schedule
Staff has developed schedules for the project with and without a pilot (Attachment H.) If a pilot is selected, staff would begin design immediately and seek to implement the pilot over the summer of 2023. If a pilot is not pursued, staff would begin working with a consultant to begin final design of the entire project this spring. If the pilot is chosen, it would add at least nine months to the schedule for delivery of the permanent project.

These schedules incorporate an upcoming capital improvement project to repave Middle Avenue between El Camino Real and San Mateo Drive (the remainder was resurfaced in 2020.) The soonest this segment could be paved is summer 2024. Once the pilot begins, repaving should wait until a final design is complete to avoid adding a third round of striping (pilot, repaving, permanent project.) If the pilot is selected, repaving and the permanent project would go to construction in 2025.

The schedule also considers the requirements of the San Mateo County Transportation Authority (SMCTA) Measure A & W Pedestrian and Bicycle Program that the City received for this project. City Council resolution 6778 authorized staff to pursue this grant, which was awarded in December 2022 and will fund the permanent bikeway, traffic calming measures along the corridor, and intersection improvements at El Camino Real. This grant requires work to be completed by June 30, 2025.

Whether or not a pilot is pursued, there would be extensive notification of the parking removal required for implementation of this project. One month before implementing parking removal, each residence and property on Middle Avenue and the first 500 feet of surrounding streets would receive a door hanger indicating imminent parking removal and A-frames would be placed on each block of Middle Avenue. This may be modified somewhat if a pilot of partial parking removal is pursued. Parking removal would follow a month later, and bikeway installation would take place a month after that to ensure that the parking removal would be enforceable, per City ordinance.

Impact on City Resources
The City was recently awarded a grant for $1,100,00 from the SMCTA Pedestrian and Bicycle program to fund traffic calming and other improvements on Middle Avenue. The City’s CIP includes $200,000 for the Project, which serves as the required match for this grant. Design and construction of bikeway improvements along Middle Avenue between El Camino Real and University Drive is the responsibility of Stanford University. Stanford University’s responsibility only includes a single implementation (i.e., only the pilot or only the permanent installation if staff is directed to pursue a pilot) and does not include any of the traffic calming improvements, which are not part of the conditions of approval for Middle Plaza.

Depending on the direction received February 14, staff may need to return to City Council to program additional funding to accommodate the cost of the pilot bikeway, evaluation, permanent bikeway installation and other project elements. For the pilot evaluation, existing resources from the Citywide traffic data collection agreement and the City’s existing access to Streetlight data can contribute to the evaluation. If additional resources are required, staff will seek to program additional funding in the fiscal year 2023-24 budget.

Environmental Review
The Middle Avenue complete street project is statutorily exempt as identified by Public Resource Code Section 21080.25 which defines the California Environmental Quality Act as not applicable to “pedestrian Page I-1.4
Staff Report #: 23-032-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov and bicycle facilities that improve safety, access or mobility, including new facilities, within the public rightof-way.” Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Additional notifications include postcards to every resident of Middle Avenue and 500 feet of the first block of each cross-street, variable message signs on Middle Avenue, emails to subscribers to the project webpage, as well as people who have emailed the City Council email log or took the project survey. An informational item on the January 24 City Council agenda also provided an advance look at the design options under consideration.

Attachments
A. Resolution
B. Hyperlink – August 23, 2022 City Council staff report: menlopark.gov/files/sharedassets/public/agendasand-minutes/city-council/2022-meetings/agendas/20220823-city-council-agenda-packet.pdf#page=446 C. Hyperlink – September 13, 2022 City Council staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20220913-city-council-agenda-packet.pdf#page=175 D. Hyperlink – October 18, 2022 City Council staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2022- meetings/agendas/20221018-city-council-agenda-packet.pdf#page=161 E. Visualization of City Council direction on Middle Avenue complete streets project F. Sample cross sections
G. Pilot evaluation approach
H. Schedule exhibit
Report prepared by:

Hugh Louch, Assistant Public Work Director – Transportation Page I-1.5
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AUTHORIZING THE INSTALLATION OF “NO PARKING” ZONES ON MIDDLE

AVENUE NECESSITATED BY THE MIDDLE AVENUE COMPLETE STREETS

PROJECT
WHEREAS, on October 10, 2017, the City Council certified the Final Environmental Impact Report and approved the Development Agreement for the Middle Plaza at 500 El Camino Real project, which, as a part of mitigation measures, requires Stanford University to develop, design and implement of Class II or Class III bicycle lanes between El Camino Real and University Drive on Middle Avenue; and,
WHEREAS, on October 13, 2020, the City Council approved the citywide engineering and traffic survey to established recommended speed limits and directed staff to return with traffic calming options on Middle Avenue to achieve a desired speed of 25 miles per hour; WHEREAS, on March 9, 2021, the City Council discussed yearly work plan and priorities and directed staff to develop Middle Avenue complete streets project conceptual design options, for the entire corridor, with the following objectives:
• Enhance bicyclist and pedestrian visibility and improve safety of all street users • Provide safe and comfortable cycling and pedestrian infrastructure and encourage sustainable mode of transportation
• Increase accessibility of the corridor by supporting improvements related to Middle Plaza and ongoing study of the grade-separated pedestrian and bicycle crossing; and, WHEREAS, in March 2022, staff held in-person and virtual public meetings to inform residents about the project and gather feedback from the community to shape potential bicycle improvements and traffic calming options; and
WHEREAS, nearly 100 people attended the public meetings and 600 people responded to a public survey, providing comments on current issues, needs, and priorities for the corridor; and, WHEREAS, on July 13, 2022, the Complete Streets Commission recommended to the City Council a preferred conceptual design that includes, among other design elements:
• Establishment of “no parking” zones on one side of Middle Avenue for bicycle lane installation and additional “no parking” zones on the other side of the street where feasible • Installation of a new all-way stop sign on at Middle Avenue and San Mateo Drive • Development of a temporary closure of Blake Street at Middle Avenue; and, WHEREAS, City Council resolution 4604 from 1995 established 2-hour time limited parking zones on Middle Avenue between approximately El Camino Real and Nealon Park; and, WHEREAS, on October 18, 2022, the City Council adopted resolution 6781 authorizing the installation of an all-way stop at Middle Avenue and San Mateo Drive and the temporary closure of Blake Street at Middle Avenue; and,
WHEREAS, the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore.

Page I-1.6 ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Menlo Park does hereby find the project statutorily exempt under the California Environmental Quality Act pursuant to Public Resources Code section 21080.25.

NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of Menlo Park does hereby repeal resolution 4604 authorizing the establishment of time limited parking on Middle Avenue between approximately El Camino Real and Nealon Park.

NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of Menlo Park does hereby authorize the establishment of “no parking” zones on Middle Avenue as shown on Exhibit A.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fourteenth day of February, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this ___ day of February, 2023.

Judi A. Herren, City Clerk
Exhibits
A. Proposed no parking zones on Middle Avenue
Resolution No. XXXX

San Mateo Dr
Windsor Dr
Arbor Rd
Arbor Rd
Claire Pl
Yale Rd
Fremont St
Olive St
Hobart St
Cotton St
Hermosa Way
Santa Rita Way
Cotton St
Hermosa Way
University Dr
Morey Dr
El Camino Real
Blake St
Kenwood Dr
Alto Ln
NEALON
PARK
Existing "no parking" zone New "no parking" zone
University Dr
San Mateo Dr
EXHIBIT A Resolution No. XXXX

Page I-1.8
San Mateo Dr
Windsor Dr
Arbor Rd
University Dr
Arbor Rd
Claire Pl
Yale Rd
Fremont St
Olive St
Hobart St
Cotton St
San Mateo Dr
Hermosa Way
Santa Rita Way
Cotton St
Hermosa Way
Middle Complete Streets Option 1 - Remove Parking on Both Sides University Dr
Morey Dr
El Camino Real
Blake St
Kenwood Dr
Alto Ln
NEALON
PARK Separated bikeway next to Nealon Park
Parallel parking zone
Existing "no parking" zone New "no parking" zone Parking area Raised crosswalk Speed hump Note, illustration only, not to scale.

ATTACHMENT E
Page I-1.9
San Mateo Dr
Windsor Dr
Arbor Rd
University Dr
Arbor Rd
Claire Pl
Yale Rd
Fremont St
Olive St
Hobart St
Cotton St
San Mateo Dr
Hermosa Way
Santa Rita Way
Cotton St
Hermosa Way
Middle Complete Streets Option 2 - Remove Parking from One Side University Dr
Morey Dr
El Camino Real
Blake St
Kenwood Dr
Alto Ln
NEALON
PARK
Separated bikeway next to Nealon Park
retain parking on south side of Middle
retain parking on north side of Middleretain parking on north side of Middle Existing "no parking" zone New "no parking" zone Parking area Raised crosswalk Speed hump Note, illustration only, not to scale.

Bulb out
U
Parallel parking zone
Page I-1.10
San Mateo Dr
Windsor Dr
Arbor Rd
University Dr
Arbor Rd
Claire Pl
Yale Rd
Fremont St
Olive St
Hobart St
Cotton St
San Mateo Dr
Hermosa Way
Santa Rita Way
Cotton St
Hermosa Way
Middle Complete Streets Option 3 - Retain Parking in Select Areas University Dr
Morey Dr
El Camino Real
Blake St
Kenwood Dr
Alto Ln
NEALON
PARK
retain parking near New Community Church retain parking near multifamily housing retain parking near Nealon Park/Little House
Separated bikeway next to Nealon Park
Existing "no parking" zone New "no parking" zone Parking area Raised crosswalk Speed hump Note, illustration only, not to scale.

U
Bulb out
Parallel parking zone
Page I-1.11
ATTACHMENT F Page I-1.12
Public Works
Middle Avenue complete streets project
Pilot evaluation plan
If the Middle Avenue complete streets project is conducted as a pilot, staff will conduct a pilot evaluation plan that will answer key questions, including:
 Did the pilot change the safety of the road?
 Did the pilot change how the road is used (numbers and types of users)?  What has been the experience of residents and other road users using Middle Avenue during the pilot?
To answer these questions, the following specific data will be collected:
 Multimodal counts – numbers of vehicles, bicycles, and pedestrians using the corridor and on parallel and cross streets, tallies or surveys of school students or parents at Oak Knoll Elementary and Hillview Middle School about their travel choices  Speeds – data on the average and 85th percentile of vehicle speeds on Middle Avenue and on parallel and cross streets
 Collisions – reported collisions by cause and violation factor as collected by the City’s Police Department, with a comparison to pre-project conditions  Parking – data on the extent of parking utilization on cross streets  Public feedback – survey data and information provided through public outreach Figure 1 identifies locations for data collection, including locations where the City has previously collected count data. Data collection will include a combination of direct data collection (e.g., tube counters) and big data sources, like Streetlight data, to conduct the evaluation. The City has a subscription to Streetlight data through the City/County Association of Governments for San Mateo County, which would enable a more comprehensive analysis of changes in volumes and speeds than would be possible using tube counts alone.

ATTACHMENT G Page I-1.13

ELDER AVE

OAKDELL DR

ROBLE AVE

CHESTNUT ST

MAGNOLIA
CT

MALLET CT

COTTON PL

HILLVIEW
PL
HELEN
PL

BOLTON PL

OLIVE ST

PATRICIA PL

COLLEGE AVE

CATHY PL

HESKETH
CT

ELDER CT

CREEK DR

CREEK DR

COTTON ST

CHERYL PL

CURTIS WAY

ESCONDIDO LN

ARBOR RD

FREMONT
PL

SAN MATEO DR

WILLIAM CT

HERMOSAWAY

PALM CT

ALMA ST

WHITAKER WAY

MIDDLE CT

JOHNSON ST

WINDSOR DR

SAN MATEO DR

HERMOSA PL

MAGNOLIA ST

BLAKE ST
LEE DR

WINDSOR WAY

HOWARD WAY

GARLAND DR

COLLEGE AVE

ST FRANCIS PL

CAMBRIDGE AVE

ARBOR RD

CASTLE WAY

SAXON WAY

SHERWOOD WAY

FLORENCE LN

CRANE ST

BAY LAUREL DR

SAN MATEO DR

BLAKE ST

ALTO LN

CORNELL RD

HIDDEN OAKS DR

JOHNSON LN

EVELYN ST

CURTIS ST

DOYLE ST

CRANE ST

STANFORD AVE

WOOD L N

FREMONT ST

ATKI N SON L N

PRADO SECOYA

MICHAELS WAY
OAK LN

PINEVIEW LN

MENLO AVE

MOREY DR

ALICE LN

HERMOSA WAY

ALTO LN

MILLIE AVE

ROSE AVE

COTTON ST

WERTH AVE
ROBERT S. DR

MAY WOOD LN

MAY BROWN AVE

WESTFIELD DR

CLAIRE PL

SANTA RITA AVE

ROSEFIELD WAY

HARVARD AVE

GARDEN LN

KENWOOD DR

CAMBRIDGE AVE

BURGESS DR

YALE RD

PRINCETON RD

CORINNE LN

WAVERLEY ST

WALLEA DR

POPPY AVE

HOLLY AVE

HESKETH DR

BAY LAUREL DR

N LEMON AVE

EMILIE AVE

HILLVIEW DR

HOBART ST

BRITTON AVE

UNIVERSITY DR

SANTA CRUZ AVE

UNIVERSITY DR

MENLO AVE

VALPARAISO AVE

SANTA CRUZ AVE

UNIVERSITY DR

OAK GROVE AVE

LIVE OAK AVE

SANTA CRUZ AVE

LAUREL ST

MIDDLE AVE MIDDLE AVE

MIDDLE AVE

OLIVE ST

ELENA AVE

POLITZER DR

ARBOR RD

PARK LN

COTTON ST

HERMOSA WAY

HOBART ST

POLITZER DR

HESKETH DR
AK
AVE

CHESTNUT ST

SANTA CRUZ AVE

ROBLE AVE

EL CAMINO REAL

ALMA ST

LEMON ST

VALPARAISO AVE

ORCHARD
LN

PLUM LN
SAND
HILLRD

SAND HILLRD

WELCH RD

MOSHER WAY

CHARLES MARX WAY

CLARK WAY

VARIAN WAY

LONDONPLANEWAY

DURAND WAY

SAND HILL RD

CLARK WAY

VINEYARD LN

SHO P PINGCENTER WAY

MENLO AVE

LIVE OAK AVE

ROBLE AVE
(DAISY LN)
Hillview
Middle
School
St. Raymond
School
Sacred
Heart
Schools
Menlo School
Lydian
Academy
Jack W.

Lyle Park
Fremont Park
Nealon Park
Burgess Park
Tinker Park
Civic Center
Sunday Parking Utilization Study Area
City Limits
Biennial Count Locations (Fall 2022)
New Count Location
Segment
Intersection
Segment
Intersection
Middle Ave Proposed Data Collection Locations
Page I-1.14
ATTACHMENT H Page I-1.15
Library and Community Services

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-036-CC
Regular Business: Preliminary considerations for selecting an aquatics operator for the Burgess Pool and the future Menlo
Park Community Campus aquatics center
Recommendation
No City Council action is requested at this time. This is a discussion-only item to provide City Council and the community the opportunity to view the proposals received (Attachments A, B and C), and to outline some preliminary considerations related to the selection of an aquatics operator for City Council’s awareness and any feedback, questions, or direction City Council may desire to provide at this juncture.

City staff is currently preparing an in-depth analysis and a staff recommendation for a preferred operator, and will seek City Council action to authorize staff to negotiate an agreement with the preferred operator as outlined below. All dates are tentative and are subject to change:
• February 14 – Proposals released for City Council and community review and preliminary City Council discussion and feedback
• February 28 – City staff provides analysis of proposals and recommendation for a preferred operator to City Council; City Council authorizes the city manager to negotiate an agreement with the preferred operator
• March 1 – City enters negotiations with the preferred operator identified by City Council • March 28 – City Council reviews and approves the aquatics operator agreement; the agreement is executed shortly thereafter
• September 1 – Agreement takes effect
Policy Issues
City Council provides policy direction to the city manager regarding service provision to the community; provides authorization to the city manager to negotiate and execute professional services agreements with service providers; and sets prioritization for the use of City resources to serve the community.

Background
On February 8, 2022, City Council directed staff to prepare a request for proposal (RFP) to be issued in Autumn 2022 – to which current operator Team Sheeper, Inc. was invited and encouraged to respond – for an aquatics operator at Burgess Pool and the future Menlo Park Community Campus (MPCC) aquatics center.

On August 23, 2022, City Council reviewed an aquatics program analysis and provided direction to staff regarding desired elements of the RFP.

On October 11, 2022, City Council reviewed a draft RFP and process timeline and authorized staff to issue the RFP October 24, 2022
AGENDA ITEM I-2 Page I-2.1
Staff Report #: 23-036-xx

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The RFP was issued October 24, 2022 (Attachment D.)
The City received three proposals in response to the RFP by the November 30, 2022 submittal deadline (Attachments A, B and C.)
A review panel comprised of experienced aquatics managers from East Bay municipalities that have no prior connections or conflicts of interest with the RFP respondents, City staff, and the Parks and Recreation Commission chairperson independently evaluated all three proposals, then met December 15, 2022, to jointly evaluate the proposals.

On December 21, 2022, the review panel conducted follow-up interviews with two of the respondents to seek clarification to various aspects of their respective proposals, and in January conducted initial reference checks with municipalities where those respondents are currently operating aquatics programs.

Analysis
Proposals
Three proposals were received in response to the RFP. The RFP included the following language in Section VI. Submittal Procedure: “Submitted proposals may be considered public documents and the City will adhere to all laws and regulations regarding the dissemination of public documents as they relate to submitted proposals.” The proposals are included with this report, in alphabetical order, in Attachments A, B and C. The intent of providing the proposals to City Council in advance of selecting a preferred operator is to give City Council and the community sufficient time to review the proposals and to identify preliminary considerations for City Council feedback and direction. At this phase of the review process, no operator has been selected and no agreement has been negotiated, and for this reason some sensitive information has been redacted from the attachments such as contact phone numbers and confidential financial details in respect to the privacy of individuals and proprietary business information. The City will enter negotiations with the preferred operator that City Council ultimately identifies February 28.

RFP key priorities
Per City Council’s feedback and direction when the RFP was authorized October 11, 2022, key priorities were incorporated into the RFP. The RFP was structured to offer some flexibility to RFP respondents to develop proposals that balance the City’s key priorities with respondents’ operational needs. Proposals from qualified aquatics operators that demonstrate a high degree of responsiveness to most or all these priorities in addition to the basic capabilities and competencies that are required to operate quality aquatics programs are deemed more competitive for selection:

1. Respondent proposes to operate the Burgess Pool and the future MPCC aquatics center for public access year-round, seven days per week, no fewer than 63 hours per week at each location as calculated by average applied over the course of a full calendar year—with exceptions for closures to observe major holidays or to complete necessary maintenance or repair work.

2. Respondent proposes to operate Burgess Pool and MPCC aquatics center with comparable or equivalent operating schedules and programs at both locations, with allowance for some variances to respond to hyperlocal needs and other unique considerations of each site and the neighborhoods in which they are located.

3. Respondent agrees to seek City approval for new aquatics user fees or modifications to existing aquatics user fees, with the mutual understanding by City and operator that: a) user fees are the primary source of revenue necessary for operator to deliver and sustain safe, quality aquatics operations for the community; and, b) user fees can and do present barriers to entry for some residents, especially residents who are most vulnerable, and barriers can persist even with the availability of scholarship or subsidy programs.

Page I-2.2
Staff Report #: 23-036-xx

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

4. Respondent agrees to enter into a revenue sharing agreement with the City to offset a portion of the City’s facility maintenance costs at Burgess Pool and the MPCC aquatics center, preferably at a “medium” cost recovery rate to the City of 30 percent to 70 percent. The City’s total costs to maintain the Burgess Pool facility were approximately $645,000 in fiscal year 2021-2022.

5. Respondent proposes to dedicate operating hours and pool space to open swim/community swim for play and social time during times that are deemed convenient and accessible to Menlo Park resident children and families, as measured in part by community satisfaction surveys to be jointly administered by operator and the City.

6. Respondent proposes to offer aqua wellness and/or therapeutic classes in formats and at times that are deemed convenient and accessible to Menlo Park for seniors and others who benefit from such programs, as measured in part by community satisfaction surveys to be jointly administered by operator and the City.

7. Respondent recognizes the City’s desire to ensure that every Menlo Park resident child has meaningful access to effective water safety instruction at City aquatics centers regardless of their family’s ability to pay user fees. Respondent proposes to provide these services to individuals or families who cannot afford the market rate fees.

8. Diversity, equity, inclusion, belonging
A. Respondent proposes to provide meaningful employment opportunities in City aquatics facilities to qualified Menlo Park residents, especially residents who live in the immediate vicinity of City aquatics centers.

B. Respondent proposes to foster an organizational culture that is based on foundations of equity, inclusion, belonging and justice to create a safe and welcoming environment in City aquatics facilities for all Menlo Park residents regardless of background, income, race, religion, sexual orientation, gender identity, and other lived experiences that contribute to a vibrant and accepting community.

C. Respondent proposes to reduce and/or remove barriers to entry for City residents who are most vulnerable, including children and families who reside in low-income households, seniors and people with disabilities.

Requirements and terms
Per City Council’s feedback and direction, various requirements and terms were incorporated into the RFP and/or will be included in the resulting operator agreement with the selected Provider. A partial list of requirements includes:

1. Provider will prepare and submit a detailed annual performance report to City staff no later than January 30 of each year, including but not limited to the following information:

A. Total program hours by program area
B. Participation statistics by program area including resident and non-resident percentages C. Community satisfaction survey results
D. User group feedback by program area
E. Pool schedule and allocation by program for previous year and projections to the upcoming year F. Fees by program area and a fee comparison to other public pools in the region G. Annual audits and reviews demonstrating standards of care are met H. Risk management documentation
I. Training certifications listed by staff member.

2. Provider will coordinate with City staff to present operator’s annual performance report to City Council no later than March 31 of each year.

3. Provider will submit to City staff quarterly financial statements no later than 45 days after the end of each fiscal quarter, and annual financial statements no later than 45 days after the close of the fiscal year. Financial statements submitted to the City shall be considered public records subject to applicable government transparency law.

Page I-2.3
Staff Report #: 23-036-xx

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

4. Provider will consult with City staff before altering the operating hours, launching new aquatics programs, making significant changes to existing programs, or significantly altering any other substantive aspects of Provider’s operations and programs at City aquatics centers.

5. Provider will seek City approval before engaging the services of subcontractors or other parties not directly employed by Provider to deliver aquatics programs and/or services in City aquatics facilities.

6. Provider will assign sufficient qualified staffing to maintain safe and effective operations at City aquatics facilities. Provider’s staff will have the required qualifications and certifications for each position.

7. Provider will maintain appropriate and safe ratios of lifeguards to pool users at all times, consistent with industry best practices and applicable regulations.

8. Provider will maintain reasonable evidence and documentation of its hiring practices, background checks, certifications and training, including documentation of pre-service/employment orientation, onthe-job training, regular in-service training, and certification training for each employee. Provider will furnish these records to the City for inspection on request.

9. Provider will demonstrate adequate risk management planning and practices by conducting annual audits and reviews by qualified external experts in coordination and with oversight by City staff.

Preliminary considerations for selecting an aquatics operator February 28 During the review process, the RFP review panel identified several preliminary considerations for City Council’s awareness and staff seeks any additional feedback, questions, or direction City Council may desire to provide at this juncture. What follows are staff’s recommendations on preliminary considerations the City Council may have while reviewing the proposals. The preliminary considerations are lettered for convenient reference only and are presented in no particular order or priority:

A. Two of the proposals (Team Sheeper, Inc., and The Swimming Swan, LLC) are from respondents that currently operate public aquatics facilities, and in the opinion of City staff and the RFP review panel, demonstrate sufficient capabilities and experience to operate the Burgess Pool and future MPCC aquatics center
B. One of the proposals (Team Sheeper, Inc.) is from the City’s current operator that has operated Burgess Pool since 2006 and previously operated Belle Haven Pool from 2011 until 2021 when the Belle Haven Pool was demolished to make way for construction of a new aquatics center as part of the MPCC project
C. One of the proposals (The Swimming Swan, LLC) is from a qualified operator that is based in southern California and recently expanded its operations to Santa Clara County and Las Vegas, Nevada D. One of the proposals (SOLO Aquatics) is from a local aquatics program that currently operates as a program subcontractor to the current operator of Burgess Pool E. Remaining with the current qualified operator would probably result in relatively less disruption to current programs and operations from the perspective of current pool users, particularly in regard to preserving the continuity of services and programs that are already in place, however some changes to the current operations and programs are expected and desired based on the key priorities and requirements that City Council established in the RFP
F. Selecting a new qualified operator would probably result in relatively more disruption to current programs and operations from the perspective of current pool users, particularly in regard to the unique challenges and opportunities of transitioning from one operator to another operator, however some changes to the current operations and programs are expected and desired based on the key priorities and requirements that City Council established in the RFP G. Based on the information received during the RFP process to date, City staff is confident and prepared to execute any direction City Council may provide regarding the desired future operations of the City’s aquatics program.

Next steps
A summary timeline of the remaining steps in the aquatics operator RFP process is provided above in the Page I-2.4
Staff Report #: 23-036-xx

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Recommendation section of this report. City staff is currently preparing an in-depth analysis of the proposals received in response to the specific criteria and requirements of the RFP, including the anticipated impacts and potential benefits of each option, as well as City staff’s recommendation for a preferred operator, and will seek City Council action to identify a preferred aquatics operator and to authorize staff to negotiate an operator agreement with the preferred provider tentatively February 28. At City Council’s direction, the City will enter negotiations with the preferred operator that City Council identifies February 28, and the resulting agreement shall be subject to City Council authorization and execution shortly thereafter on a date to be determined but with the intent to complete the process no later than March 28.

Impact on City Resources
There is no new direct impact to city resources associated with the requested review. The City is responsible for maintenance of the Burgess Pool facility including recurring expenditures for mechanical maintenance and repairs, custodial and landscaping services, utilities (water, sewer, electricity, gas, telephone and internet), and pool maintenance chemicals and supplies; and one-time expenditures for equipment replacements and minor facility renovations. Total expenses to the City related to maintenance of Burgess Pool were approximately $645,000 in fiscal year 2021-22. City Council’s adopted fiscal year 2022-23 operating budget has sufficient resources allocated toward these anticipated expenditures in the current fiscal year. The City also will be responsible for maintenance of the MPCC aquatics center when it is completed; the new center is tentatively scheduled to open in early 2024. Budgetary considerations related to maintaining that facility will be addressed during City Council’s fiscal year 2023-24 budget deliberations in the spring of 2023. The aquatics operator draft RFP identifies revenue sharing as a key priority to help offset a portion of the City’s cost of maintaining its aquatics facilities at a preferred “medium” cost recovery rate to the City of 30 percent to 70 percent.

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

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

Attachments
A. Proposal – SOLO Aquatics
B. Proposal – Swimming Swan, LLC
C. Proposal – Team Sheeper, Inc.

D. Request for proposals
Report prepared by:

Tricia Mullan, Library and Community Services Supervisor Sean S. Reinhart, Library and Community Services Director Page I-2.5
Page I-2.6 ATTACHMENT A
Page I-2.7
Page I-2.8
Page I-2.9
Page I-2.10
Page I-2.11
Page I-2.12
Page I-2.13
Page I-2.14
Page I-2.15
Page I-2.16
Page I-2.17
Page I-2.18
Page I-2.19
Page I-2.20
Page I-2.21
Page I-2.22
Page I-2.23
Page I-2.24
Page I-2.25
Page I-2.26
Page I-2.27
Page I-2.28
Page I-2.29
Page I-2.30
Page I-2.31
Page I-2.32
Page I-2.33
Page I-2.34
Page I-2.35
Page I-2.36
Page I-2.37
Page I-2.38
Page I-2.39
Page I-2.40
Page I-2.41
Page I-2.42
Page I-2.43
Page I-2.44
Page I-2.45
Page I-2.46
Page I-2.47
Page I-2.48
Page I-2.49
Page I-2.50
Page I-2.51
Page I-2.52
Page I-2.53
Page I-2.54
Page I-2.55
Page I-2.56
Page I-2.57
Page I-2.58
Page I-2.59
Page I-2.60
Page I-2.61
Page I-2.62
Page I-2.63
Page I-2.64
Page I-2.65
Page I-2.66
Page I-2.67
Page I-2.68
Page I-2.69
Page I-2.70
Page I-2.71
Page I-2.72
Page I-2.73 ATTACHMENT B
Page I-2.74
Page I-2.75
Page I-2.76
Page I-2.77
Page I-2.78
Page I-2.79
Page I-2.80
Page I-2.81
Page I-2.82
Page I-2.83
Page I-2.84
Page I-2.85
Page I-2.86
Page I-2.87
Page I-2.88
Page I-2.89
Page I-2.90
Page I-2.91
Page I-2.92
Page I-2.93
Page I-2.94
Page I-2.95
Page I-2.96
Page I-2.97
Page I-2.98
Page I-2.99
Page I-2.100
Page I-2.101
Page I-2.102
Page I-2.103
Page I-2.104
Page I-2.105
Page I-2.106
Page I-2.107
Page I-2.108
Page I-2.109
Page I-2.110
Page I-2.111
Page I-2.112
Page I-2.113
Page I-2.114
Page I-2.115
Page I-2.116
Page I-2.117
Page I-2.118
Page I-2.119
Page I-2.120
Page I-2.121
Page I-2.122
Page I-2.123
Page I-2.124
Page I-2.125
Page I-2.126
Page I-2.127
Page I-2.128
Page I-2.129
Page I-2.130
Page I-2.131
Page I-2.132
Page I-2.133
Page I-2.134
Page I-2.135
Page I-2.136
Page I-2.137
Page I-2.138
Page I-2.139
Page I-2.140
Page I-2.141
Page I-2.142
Page I-2.143
Page I-2.144
Page I-2.145
Page I-2.146
Page I-2.147
Page I-2.148
Page I-2.149
Page I-2.150
Page I-2.151
Page I-2.152
Page I-2.153
Page I-2.154
Page I-2.155
Page I-2.156
Page I-2.157
Page I-2.158
Page I-2.159
Page I-2.160
Page I-2.161
Page I-2.162
Page I-2.163
Page I-2.164
Page I-2.165
Page I-2.166
Page I-2.167
Page I-2.168
Page I-2.169
Page I-2.170
Page I-2.171
Page I-2.172
Page I-2.173
Page I-2.174
Page I-2.175
Page I-2.176
Page I-2.177
Page I-2.178
Page I-2.179
Page I-2.180
Page I-2.181
Page I-2.182
Page I-2.183
Page I-2.184
Page I-2.185
Page I-2.186
Page I-2.187
Page I-2.188
Page I-2.189
Page I-2.190
Page I-2.191
Page I-2.192
Page I-2.193
Page I-2.194
Page I-2.195
Page I-2.196
Page I-2.197
Page I-2.198
Page I-2.199
Page I-2.200
Page I-2.201 ATTACHMENT C
Page I-2.202
Page I-2.203
Page I-2.204
Page I-2.205
Page I-2.206
Page I-2.207
Page I-2.208
Page I-2.209
Page I-2.210
Page I-2.211
Page I-2.212
Page I-2.213
Page I-2.214
Page I-2.215
Page I-2.216
Page I-2.217
Page I-2.218
Page I-2.219
Page I-2.220
Page I-2.221
Page I-2.222
Page I-2.223
Page I-2.224
Page I-2.225
Page I-2.226
Page I-2.227
Page I-2.228
Page I-2.229
Page I-2.230
Page I-2.231
Page I-2.232
Page I-2.233
Page I-2.234
Page I-2.235
Page I-2.236
Page I-2.237
Page I-2.238
Page I-2.239
Page I-2.240
Page I-2.241
Page I-2.242
Page I-2.243
Page I-2.244
Page I-2.245
Page I-2.246
Page I-2.247
Page I-2.248
Page I-2.249
Page I-2.250
Page I-2.251
Page I-2.252
Page I-2.253
Page I-2.254
Page I-2.255
Page I-2.256
Page I-2.257
Page I-2.258
Page I-2.259
Page I-2.260
Page I-2.261
Page I-2.262
Page I-2.263
Page I-2.264
Page I-2.265
Page I-2.266
Page I-2.267
Page I-2.268
Page I-2.269
Page I-2.270
Page I-2.271
Page I-2.272
Page I-2.273
Page I-2.274
Page I-2.275
Page I-2.276
Page I-2.277
Page I-2.278
Page I-2.279
Page I-2.280
Page I-2.281
Page I-2.282
Page I-2.283
Page I-2.284
Page I-2.285
Page I-2.286
Page I-2.287
Page I-2.288
Page I-2.289
Page I-2.290
Page I-2.291
Page I-2.292
Page I-2.293
Page I-2.294
Page I-2.295
Page I-2.296
Page I-2.297
Page I-2.298
Page I-2.299
Page I-2.300
Page I-2.301
Page I-2.302
Page I-2.303
Page I-2.304
Page I-2.305
Page I-2.306
Page I-2.307
Page I-2.308
Page I-2.309
Page I-2.310
Page I-2.311
Page I-2.312
Page I-2.313
REQUEST FOR PROPOSALS – AQUATICS OPERATOR
Tricia Mullan
Library and Community Services Supervisor
600 Alma St.

Menlo Park, CA 94025
[email protected]
Request for Proposals
Notice is hereby given that proposals will be received by the City of Menlo Park, CA Release Date
October 24, 2022
Pre-proposal conference and facility tour
November 7, 2022
Arrillaga Family Recreation Center
and Burgess Pool
701 Laurel Street
Menlo Park, CA 94025
RFP response deadline
November 30, 2022 4:00 p.m.

City of Menlo Park
600 Alma Street
Menlo Park, CA 94025
Attn: Tricia Mullan, LCS Supervisor
I. Introduction
The City of Menlo Park (“City”) is seeking proposals from experienced and qualified aquatics program operators (“Respondents”) to operate and provide aquatic programming at the City’s two aquatics centers: the existing Burgess Pool located at 501 Laurel Avenue, and the future Menlo Park Community Campus (“MPCC”) aquatics center now under construction at 100 Terminal Avenue.

Premises
The selected aquatics program operator (“Provider”) will operate and deliver aquatics programming to the public at the City’s two aquatics facilities (collectively referred to herein as “Premises”):

1. Burgess Pool, located at 501 Laurel Ave. in Menlo Park and consisting of the lap pool, instructional pool, toddler activity pool, pool deck, offices, restrooms, locker rooms, showers, lawn area, pool mechanical room, lobby, and all associated areas as shown in Exhibit A.

2. MPCC aquatics center, to be located at 100 Terminal Ave. in Menlo Park and consisting of the lap pool, instructional pool, splash pad, pool deck, outdoor seating areas, offices, restrooms, locker rooms, showers, pool mechanical room, and all associated areas as shown in Exhibit B.

Roles and responsibilities
The Provider will be responsible for operating and delivering aquatics programs at the Premises, including all costs and expenses associated with such operations and programs. The City will be responsible for the maintenance and repair of the equipment and facilities at the Premises.

Community access, reservations, fee payments and scheduling Provider will be responsible for the operations and schedule of the Premises. Provider will provide reasonable public access and community use of the Premises which shall be reasonably determined by City and Provider. Provider will provide and maintain an online reservation and electronic fee payment system that is accessible to the general public, in addition to providing access to in-person reservations and fee payments at Premises. Provider will not reduce or change the public access and community use without prior approval of City.

Term
The Provider will assume responsibility for operations and programming at Burgess Pool on September 1, 2023; and at the MPCC aquatics center when its construction is completed and the new center opens to the public, tentatively scheduled in early 2024. The term of the service agreement is expected to be for an initial period of five (5) years commencing on September 1, 2023 and ending five (5) years from the commencement date. An optional five (5) year Page I-2.314 ATTACHMENT D
2 AS rev 20210616
extension commencing on September 1, 2028 and ending August 31, 2033 may be granted, provided that all agreed upon standards and requirements have been met. The City will initiate an evaluation at least eighteen (18) months prior to the end date of the initial agreement to determine if an extension is mutually desired and if the requirements to approve an extension have been met.

Facility descriptions
Burgess Pool consists of an outdoor performance/lap pool, an outdoor instructional pool, a wading pool with mushroom splash feature, locker rooms, showers, central entry lobby, staff offices, concrete pool decks, storage, pool mechanical room, and lawn area (see Exhibit A for a detailed drawing). The Burgess Pool facility is located on the Menlo Park civic center campus, which includes city hall, police station, public library, recreation center, gymnasium, gymnastics center, early childhood education center, sports fields, tennis courts, skate park and picnic areas. In 2006, the Burgess Pool was extensively renovated using Measure T general obligation bonds approved by voters in 2001. The Burgess Pool lobby area is scheduled to undergo a significant renovation in 2023.

The MPCC aquatics center is currently under construction and scheduled to open in early 2024. The new aquatics center will replace the Belle Haven Pool formerly located at 100 Terminal Ave., and which was demolished in 2021 to make way for the new aquatics center construction. When completed, the new MPCC aquatics center will consist of an outdoor performance/lap pool, an outdoor instructional pool, a splash pad water play area, locker rooms, showers, staff offices, concrete pool decks, storage, pool mechanical room, family seating and shade features (see Exhibit B for a detailed drawing). The MPCC aquatics center will be a major component of the Menlo Park Community Campus project, all new construction which includes a gymnasium, fitness center, movement studio, public library, makerspace, school-age childcare, senior center, commercial-grade kitchen, community meeting rooms and event spaces. The MPCC project is adjacent to Kelly Park, which features a lighted artificial turf sports field, running track and parcourse, and tennis, pickleball and outdoor basketball courts.

II. Key City priorities
The City has identified key priorities for aquatics operations and programing at Premises. This RFP is structured in a manner intended to provide some flexibility to RFP Respondents to develop proposals that balance the City’s key priorities with respondents’ operational needs. Proposals from qualified aquatics operators that demonstrate a high degree of responsiveness to most or all of these priorities--in addition to the basic capabilities and competencies that are required to operate quality aquatics programs for the City of Menlo Park--will be deemed more competitive for selection:

1. Respondent proposes to operate the Burgess Pool and the future MPCC aquatics center for public access year-round, seven days per week, no fewer than 63 hours per week at each location as calculated by average applied over the course of a full calendar year—with exceptions for closures to observe major holidays or to complete necessary maintenance or repair work.

2. Respondent proposes to operate Burgess Pool and MPCC aquatics center with comparable or equivalent operating schedules and programs at both locations, with allowance for some variances to respond to hyperlocal needs and other unique considerations of each site and the neighborhoods in which they are located.

3. Respondent proposes to seek City approval for new aquatics user fees or modifications to existing aquatics user fees, with the mutual understanding by City and Provider that: a) user fees are the primary source of revenue necessary for Provider to deliver and sustain safe, quality aquatics operations for the community; and, b) user fees can and do present barriers to entry for some residents, especially residents who are most vulnerable, and even with the availability of scholarship or subsidy programs.

4. Respondent proposes to enter into a revenue sharing agreement with the City to offset a portion of the City’s facility maintenance costs at Burgess Pool and the MPCC aquatics center, preferably at a “medium” cost recovery rate to the City of 30 percent to 70 percent. The City’s total costs to maintain the Burgess Pool facility were approximately $645,000 in fiscal year 2021-22.

5. Respondent proposes to dedicate operating hours and pool space to open swim/community swim for play and social time during times that are deemed convenient and accessible to Menlo Park resident children and families, as measured in part by community satisfaction surveys to be jointly administered by Provider and the City.

6. Respondent proposes to offer aqua wellness and/or aquafit classes in formats and at times that are deemed convenient and accessible to Menlo Park for seniors and others who benefit from such programs, as measured in part by community satisfaction surveys to be jointly administered by Provider and the City.

7. Respondent recognizes the City’s desire to ensure that every Menlo Park resident child has meaningful access to effective water safety instruction at City aquatics centers regardless of their family’s ability to pay user fees.

Page I-2.315
3 AS rev 20210616
Respondent proposes to provide these services to individuals or families who cannot afford the market rate fees.

8. Diversity, equity, inclusion, belonging
a. Respondent proposes to provide meaningful employment opportunities in City aquatics facilities to qualified Menlo Park residents, especially residents who live in the immediate vicinity of Premises. b. Respondent proposes to foster an organizational culture that is based on foundations of equity, inclusion, belonging and justice to create a safe and welcoming environment in City aquatics facilities for all Menlo Park residents regardless of background, income, race, religion, sexual orientation, gender identity, and other lived experiences that contribute to a vibrant and accepting community. c. Respondent proposes to reduce and/or remove barriers to entry for City residents who are most vulnerable, including children and families who reside in low-income households, seniors, and people with disabilities.

III. Minimum requirements, capabilities, and competencies Proposals should demonstrate how the Respondent will meet each of the following minimum requirements, capabilities, and competencies:

1. Hours of operation
Respondent should propose to operate the Burgess Pool and the future MPCC aquatics center for public access yearround, seven days per week. Pool operations may occur between the hours of 5 a.m. to 10 p.m. (Note: See Section II - Key City Priorities for additional guidance related to hours of operation.)

2. Aquatic programming and schedule
Respondent should describe its qualifications and a proposed schedule showing proportions of pool space and/or lane hours for each activity to provide the following aquatic programming:
a. Open swimming / community swimming
b. Swim lessons / water safety instruction
c. Lap swimming
d. Masters swimming
e. Aqua wellness and/or aquafit classes
f. Swim team
g. Community rentals
h. Any other programming Respondent proposes to offer
(Note: See Section II - Key City Priorities for additional guidance related to programming.)

3. Program Administration
Respondent should describe the systems it proposes for:
a. The public to register, pay, and receive adequate customer service in a convenient, accessible, and effective manner.
b. Sufficient administrative staff and supervision to support all hours of operation. c. Policies and procedures for handling registration, refunds, and complaints. d. Effective communication and marketing to inform the public of the programs and services. e. Maintaining a customer database and appropriate records retention, including detailed tracking of usage of Premises by Menlo Park residents and nonresidents.
f. Delivering a high level of customer service and satisfaction.

4. User Fees
Respondent should describe:
a. Proposed user fees for public lap swimming, open/recreational swim, aqua wellness, aquafit classes, and swim lessons/water safety instruction. Proposed user fees should be comparable to fees charged by other public aquatics facilities in the metro Bay Area region.
b. Proposed means and methods to prioritize and incentivize Menlo Park residents’ access and use of Premises, including but not limited to offering discounted user fees and priority registration to Menlo Park residents for aquatics programs at Premises.
c. Proposed methods to measure and track the percentage of residents-to-nonresidents using Premises.

Page I-2.316
4 AS rev 20210616
(Note: See Section II - Key City Priorities for additional guidance related to user fees and revenue sharing.)

5. Reporting and accountability
If selected as the Provider, Respondent will be required to prepare and provide an annual report to City staff including the following items, and quarterly updates of financial and statistical data. Respondent should provide an example or describe the systems and/or methods it proposes to accurately collect, compile, and report on the following performance areas:
a. Total program hours by program area
b. Participation statistics by program area including resident and non-resident percentages c. Customer satisfaction survey results
d. User group feedback by program area or rental
e. Pool schedule and allocation by program for previous year and projections to the upcoming year f. Fees by program area and a fee comparison to other public pools in the region g. Annual audits and reviews demonstrating standards of care h. Risk management documentation
i. Training certifications listed by staff member.

6. Qualified personnel
Respondent should describe how it proposes to provide adequate qualified personnel to maintain safe and effective aquatics operations at Premises during all hours of operation, including:
a. Employing personnel with the required qualifications and certifications appropriate for each position. b. Assigning sufficient qualified staffing to maintain safe and effective operations at City aquatics facilities. c. Maintaining appropriate and safe ratios of lifeguards to pool users at Premises during all hours of operation, consistent with industry best practices and applicable regulations. d. Maintaining reasonable evidence and documentation of its hiring practices, background checks, certifications, and training, including documentation of pre-service/employment orientation, on-the-job training, regular in-service training, and certification training for each employee. e. Seeking City approval prior to engaging the services of subcontractors or other parties not directly employed by Respondent to deliver aquatics programs and/or services in City aquatics facilities.

7. Health & Safety
Respondent should demonstrate how it will maintain health and safety standards and associated training records in a reasonable and acceptable manner for the Premises, participants, and its employees in compliance to the City of Menlo Park standards and applicable regulatory agencies. These standards include but are not limited to:
a. Employee Injury and Illness Prevention Plan
b. Hazardous Materials Communications and Business Plan c. Bloodborne Pathogens and Biohazardous Exposure Control Plan d. Hazard Communication (labeling & MSDS management)
e. Hearing Conservation
f. Lifting and Fall Prevention/Protection (Equipment)
g. Electrical Safety Plan
h. Lockout, Tagout Equipment Specific Procedures
i. Emergency Action Planning/Drills
j. First Aid/CPR/AED
k. Staff Certifications
l. Heat Illness and Sun Protection
m. Confined Spaces/Entry Equipment
n. Chemical Storage/Spill Response/Cleanup
o. Fire Extinguisher
p. Personal Protective Equipment
q. Recreational Waterborne Illnesses (RWI’s)
r. Signage/Labeling
s. Keeping up to date with all changes, additions, or amendments to the laws, regulations and codes related to pool operations and aquatics programs.

8. Emergency Action Plan & Procedures
Respondent should demonstrate its qualifications to create and maintain emergency procedures and emergency action plans for the Premises. An Emergency Action Plan is required under Title 29 of Federal Regulations Sections Page I-2.317
5 AS rev 20210616
1910.38/.120/.156, and Title 8 California Code of Regulations, Sections 3220 and 3221. The Emergency Action Plan covers all employees and non-employees who may be exposed to hazards arising from emergency situations. It must contain information for all employees, including administration and line level employees, which shall use the plan in order to reduce the severity of emergency situations and minimize the risk to life and property.

9. Augmentations to Proposal
The above are the City’s minimum requirements for meeting or exceeding the level of aquatics programming and services at Premises. Respondent is encouraged to propose service enhancements, best practices and creative approaches that would result in the highest quality and most cost-effective program. These value-added suggestions will be considered when evaluating proposals.

IV. Risk management

1. Risk Management
Respondent should describe its qualifications and ability to provide adequate risk management planning to minimize liability or negligence, including by conducting annual audits and reviews by qualified external experts.

2. Insurance
Respondent should demonstrate its ability to acquire and maintain Workers’ Compensation, Employer Liability, Commercial General Liability, and owned and non-owned and hired automobile liability insurance coverage relating to its use of the Premises. The insurance company/ies shall be subject to approval by the City. The selected Provider will be required to provide the City with 30 days’ notice if any changes, cancellation, or non-renewals, and to disclose any self-insured retentions or deductibles. The minimum amounts of coverage corresponding to these categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation Statutory Minimum - include endorsement waiving the insurer’s right of subrogation against the City, its
officers, officials, employees and volunteers.

Employer’s Liability $1,000,000 per accident for bodily injury or disease – include endorsement adding the City, it officers,
officials, employees and volunteers as additional
insured for both ongoing operations as well as
products and completed operations; include
endorsement to provide primary insurance and waive
any rights of contribution from the City’s coverage.

Commercial General Liability $3,000,000 per occurrence for bodily injury, personal injury and premises damages. Must include all areas
in Insurance Service Office (ISO) Form No. CG 00 01
(including Products and Completed Operations if food
is served or for repairs done by the tenant,
Contractual Liability, Broad form property damage,
Participants’ and spectators’ coverage, and Personal
and Advertising injury liability)
Automobile Liability $1,000,000
V. Submittal instructions
(NOTE: In addition to the basic capabilities and competencies that are required to operate quality aquatics programs for the City of Menlo Park, the City has identified key priorities for aquatics operations and programing. This RFP is structured in a manner intended to provide some flexibility to Respondents to develop proposals that balance the City’s key priorities with respondents’ operational needs. Proposals from qualified aquatics operators that demonstrate a high degree of responsiveness to most or all these priorities will be deemed more competitive for selection. See Section II - Key City Priorities for additional guidance.)
Page I-2.318
6 AS rev 20210616
Proposals should address the following items in the order and with the numbering listed below.

A. Cover Letter
Provide a cover letter describing your organization’s interest in this RFP, including the name, title, address, email and telephone number of the lead contact on this proposal and the signature of the person or persons authorized to represent the proposer.

B. Table of Contents
Please provide a table of contents.

C. Qualifications, Background, and Experience

1. State your headquarters address and legal (corporate) status.

2. Describe your organization’s history/background, mission and the services you provide. Provide information on the location of other facilities or businesses, and a description of the services provided.

Highlight any operations that are similar in size and nature to the programs covered through this RFP.

3. Explain your organization’s philosophy and goals, and how they align with the City’s goals and requirements as outlined in this RFP

4. Provide an organizational chart for your agency/company.

5. Describe your experience, affiliation, and memberships with any aquatics or related organizations (i.e., American Red Cross)

6. List the companies, cities, or other entities, if any, with which you currently have contractual or lease arrangements to provide aquatics services. Describe your approach and success in managing relationships with these client entities. Provide information regarding all contracts or agreements that have been cancelled, terminated, or not renewed within the last five years including entity name, contact person name, title, address, email and telephone number.

7. Provide three customer references, including participant name, address, email and telephone number.

D. Programs, Services, and Schedule

1. State your proposed hours of operation at Burgess Pool and the MPCC aquatics center.

2. Provide sample daily programs and schedules showing proportions of pool space and/or lane hours for each activity for each pool during different seasons, including but not limited to:
a. Open swimming / community swimming
b. Swim lessons / water safety instruction
c. Lap swimming
d. Masters swimming
e. Aqua wellness and/or aquafit classes
f. Swim team
g. Community rentals

3. Describe your service offerings for each age group and range of skills and abilities at the Aquatics Center.

4. Describe your approach to providing aquatic programs for participants with special needs and/or requiring ADA accommodation.

5. Describe your approach to handling community access and outside organization rental request, including how you propose to handle scheduling conflicts or multiple requests.

6. See Section II – Key City Priorities; and Section III – Minimum Requirements, Capabilities and Competencies for additional guidance.

E. Staffing and Management

1. Provide your proposed organizational structure for the site.

2. Provide the names, titles, experience, and qualifications of the staff that will be involved in aquatic center oversight at the leadership/managerial level.

3. Provide your proposed staffing ratios for various programs and pool safety.

4. Explain your approach to employee recruitment, screening, performance evaluation and retention.

Describe any staffing problems you have had and how you have addressed them.

5. Describe your staff training program and/or provide a sample staff handbook(s).

6. Describe your systems of facility oversight and program management.

Page I-2.319
7 AS rev 20210616

7. Identify any subcontractors that would be needed to perform the required services in the proposal and describe their role.

8. See Section II – Key City Priorities; and Section III – Minimum Requirements, Capabilities and Competencies for additional guidance.

F. Quality Assurance, Risk Management and Insurance

1. Describe your approach to risk management at the site. Describe procedures for assessment, planning, control, evaluation, responding to and correcting identified risks, protecting public and employee health and meeting standards consistent with city, county, state, and federal regulations.

2. Explain your agency’s ability to understand and meet the sufficient Standard of Care for operating a public pool.

3. Provide or describe how you would be implementing the required safety program and training documentation.

4. Summarize your emergency preparedness action plan.

5. Note and explain any litigation against your agency or its staff in the past ten years, including any pending litigation, related to the operation of Aquatics facilities or programs.

6. Refer to the City’s requirements for insurance coverage and confirm your ability to provide such coverage.

7. See Section IV – Risk Management for additional guidance.

G. Public Communication, Marketing, and Registration

1. Describe the systems you propose for:
a. The public to register, pay, and receive adequate customer service in a convenient, accessible, and effective manner.
b. Adequate administrative staff and assistance to support all hours of operation. c. Policies and procedures for handling registration, refunds, and complaints. d. Effective communication and marketing to inform the public of the programs and services. e. Maintaining a customer database and appropriate records retention, including detailed tracking of usage of Premises by Menlo Park residents and nonresidents. f. Delivering a high level of customer service and satisfaction.

2. Describe policies and procedures for registration, refunds, and customer complaints.

3. Explain your methods for assessing and maintaining customer satisfaction.

4. Give a brief overview of your crisis media management plan.

H. Fees

1. Describe:
a. Proposed user fees for public lap swimming, open/recreational swim, aqua wellness, aquafit classes, and swim lessons/water safety instruction. Proposed user fees should be comparable to fees charged by other public aquatics facilities in the metro Bay Area region. b. Proposed means and methods to prioritize and incentivize Menlo Park residents’ access and use of Premises, including but not limited to offering discounted user fees and priority registration to Menlo Park residents for aquatics programs at Premises. c. Proposed methods to measure and determine the percentage of residents-to-nonresidents using Premises.

2. State your approach to fee increases. Provide the average percentage fee increase you have implemented each year for the past five years.

3. Describe your ability to compare and maintain comparable fees of similar aquatic programs.

4. The City desires, but does not require, that the Provider provide services to individuals or families who cannot afford the market rate fees. Describe if and how your agency will be able to serve these individuals with financial need.

5. See Section II – Key City Priorities; and Section III – Minimum Requirements, Capabilities and Competencies for additional guidance.

I. Financial Information

1. Submit complete audited financial statements for the two previous years (if available), preferably prepared by a Certified Public Accountant. Include a balance sheet, income statement and complete Page I-2.320
8 AS rev 20210616
Notes to the Financial Statements. In addition, include an unaudited statement for the current year as of June 30, 2022.

2. Provide a proposed annual budget for the revenues and expenses at Premises, including the categories below. Provide a budget narrative with all relevant assumptions, including the notes requested below.

Revenues
a. Fees (specified by program areas)
b. Other Revenue (vending, merchandizing, etc.)
c. Grants and fund raising
d. Private funding
e. Revenue sharing with City (if included in proposal)
Expenses
a. Salaries (Number of staff FTEs by position, staffing ratios and costs based on number of participants)
b. Direct Operating Costs, including
− Supplies and services
− Facility, grounds and equipment maintenance
− Custodial services
− Liability insurance
c. Any other operating costs
d. Any other costs
(Note: See Section II – Key City Priorities; and Section III – Minimum Requirements, Capabilities and Competencies for additional guidance.)
K. Responsiveness to Key City Priorities
If not described elsewhere in your proposal, please describe how you propose to respond to the Key City Priorities outlined in Section II of this RFP.

L. Assistance from City
Specify what, if any, assistance from the City you would find helpful or necessary for the successful operation of the programs.

M. Additional Information
Provide other essential information that may assist in the evaluation of this proposal.

VI. Submittal procedure
Submittal of Proposals
All proposals must be submitted according to the specifications in the section above. Failure to adhere to these specifications may be cause for rejection of the proposal. Proposals shall be submitted to:

Tricia Mullan
Library and Community Services Supervisor
600 Alma St.

Menlo Park, CA 94025
[email protected]
NOTE: Proposals must be delivered no later than 4:00 p.m., Wednesday, November 30, 2022. All proposals received after that time will not be considered. The proposer shall submit its proposal electronically in PDF format. No paper proposals will be accepted.

RFP Timeline
RFP issued October 24, 2022
Pre-proposal conference and tour November 7, 2022
Deadline for questions, clarifications November 18, 2022 Deadline for receipt of proposals November 30, 2022
Potential interviews December 5-16, 2022
Page I-2.321
9 AS rev 20210616
City Council award of contract January/February 2023 TBD Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the City no later than 4:00 p.m. on Friday, November 18, 2022.

Correspondence shall be addressed to:

Tricia Mullan
Library and Community Services Supervisor
600 Alma St.

Menlo Park, CA 94025
[email protected]
Responses from the City will be communicated in writing to all recipients of this RFP. All addenda shall become part of this RFP. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City.

Modification
Once submitted, proposals cannot be altered without the prior written consent of the City.

Rights of the City of Menlo Park
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

1. Make the selection based on its sole discretion

2. Reject any and all proposals

3. Issue subsequent Requests for Proposals

4. Remedy technical errors in the RFP process

5. Negotiate with any, all or none of the proposers

6. Waive informalities and irregularities in the proposals that the City considers to be non-substantive

7. Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.

Review and Selection Process
The City will establish a Review Committee to review proposals based on selection criteria (Exhibit), recommend providers to be interviewed, participate in the interviews and recommend finalists for consideration by the City. Staff will present the results of the process to the City Council, at which point City Council may or may not direct staff to pursue negotiations with a selected proposer.

Public Nature of Proposal Material
Submitted proposals may be considered public documents and the City will adhere to all laws and regulations regarding the dissemination of public documents as they relate to submitted proposals.

Disqualification
The City may reject and/or disqualify a proposal for any reason.

Questions
Please direct any questions regarding this RFP to:

Tricia Mullan
Library and Community Services Supervisor
600 Alma St.

Menlo Park, CA 94025
[email protected]
VII. Exhibits
A. Burgess Pool site map
B. MPCC aquatics center site map
C. Selection criteria
Page I-2.322
EXHIBIT A – BURGESS POOL SITE MAP
10 Page I-2.323
16 EXHIBIT B – MPCC AQUATICS CENTER SITE MAP
11 Page I-2.324
EXHIBIT C – SELECTION CRITERIA
Proposals will be rated on the following criteria based on a 4 point scale:
0 = No information provided
1 = Meets some but not all requirements or incomplete information provided 2 = Meets all minimum requirements
3 = Meets all minimum requirements, exceeds some requirements 4 = Exceeds all minimum requirements
Responsiveness to required criteria Score
Qualifications, Background, and Experience
Programs, Services, and Schedule
Staffing and Management
Quality Assurance, Risk Management, and Insurance
Public Communication, Marketing, and Registration
Fees
Financial Information
Subtotal
Responsiveness to key City priorities Score
Respondent proposes to operate the Burgess Pool and the future MPCC aquatics center for public access year-round, seven days per week, no fewer than 63 hours per week at each location as calculated by average applied over the course of a full calendar year—with exceptions for closures to observe major holidays or to complete necessary maintenance or repair work.

Respondent proposes to operate Burgess Pool and MPCC aquatics center with comparable or equivalent operating schedules and programs at both locations, with allowance for some variances to respond to hyperlocal needs and other unique considerations of each site and the neighborhoods in which they are located.

Respondent agrees to seek City approval for new aquatics user fees or modifications to existing aquatics user fees, with the mutual understanding by City and Provider that: a) user fees are the primary source of revenue necessary for Provider to deliver and sustain safe, quality aquatics operations for the community; and, b) user fees can and do present barriers to entry for some residents, especially residents who are most vulnerable, and even with the availability of scholarship or subsidy programs. 12 Page I-2.325
Respondent proposes to enter into a revenue sharing agreement with the City to offset a portion of the City’s facility maintenance costs at Burgess Pool and the MPCC aquatics center, preferably at a “medium” cost recovery rate to the City of 30 percent to 70 percent. The City’s total costs to maintain the Burgess Pool facility were approximately $645,000 in fiscal year 2021-22.

Respondent proposes to dedicate operating hours and pool space to open swim/community swim for play and social time during times that are deemed convenient and accessible to Menlo Park resident children and families, as measured in part by community satisfaction surveys to be jointly administered by Operator and the City.

Respondent proposes to offer aqua wellness and/or aquafit classes in formats and at times that are deemed convenient and accessible to Menlo Park for seniors and others who benefit from such programs, as measured in part by community satisfaction surveys to be jointly administered by Operator and the City.

Respondent recognizes the City’s desire to ensure that every Menlo Park resident child has meaningful access to effective water safety instruction at City aquatics centers regardless of their family’s ability to pay user fees. Respondent proposes to provide these services to individuals or families who cannot afford the market rate fees. .

Diversity, equity, inclusion, belonging
• Respondent proposes to provide meaningful employment opportunities in City aquatics facilities to qualified Menlo Park residents, especially residents who live in the immediate vicinity of Premises.
• Respondent proposes to foster an organizational culture that is based on foundations of equity, inclusion, belonging and justice to create a safe and welcoming environment in City aquatics facilities for all Menlo Park residents regardless of background, income, race, religion, sexual orientation, gender identity, and other lived experiences that contribute to a vibrant and accepting community.
• Respondent proposes to reduce and/or remove barriers to entry for City residents who are most vulnerable, including children and families who reside in low-income households, seniors, and people with disabilities.

Subtotal
Subtotal – responsiveness to required criteria
Subtotal – responsiveness to key City priorities
Grand total
13 Page I-2.326

PRELIMINARY CONSIDERATIONS FOR SELECTING AN
AQUATICS OPERATORCity Council – February 14, 2023
I2-PRESENTATION
Recommendation
• No City Council action is requested at this time. • This is a discussion-only item to provide City Council and the community the opportunity to view the proposals received (Attachments A, B and C) • Preliminary considerations related to the selection of an aquatics operator for City Council’s awareness
• Any feedback, questions, or direction City Council may desire to provide at this juncture.
2 Timeline*
• February 14 – Proposals released for City Council and community review and preliminary City Council discussion and feedback • February 28 – City staff analysis and recommendation for a preferred operator; City Council authorizes the city manager to negotiate an agreement with the preferred operator • March 1 – City enters negotiations with the preferred operator identified by City Council
• March 28 – City Council reviews and approves the aquatics operator agreement; the agreement is executed shortly thereafter • September 1 – Agreement takes effect.
* All dates are tentative and subject to change 3
4 Proposals
• Three proposals were received in response to the RFP (Attachments A, B and C)
• RFP Section VI. Submittal Procedure: “Submitted proposals may be considered public documents and the City will adhere to all laws and regulations regarding the dissemination of public documents as they relate to submitted proposals.” • The proposals are being provided to City Council in advance of selecting a preferred operator in order to give City Council and the community sufficient time to review the proposals and to identify preliminary considerations for City Council feedback and direction. 5 Proposals
• Team Sheeper, Inc. proposal is from the City’s current operator that has operated Burgess Pool since 2006 and previously operated Belle Haven Pool from 2011 until 2021 when the Belle Haven Pool was demolished to make way for construction of a new aquatics center as part of the MPCC project • Swimming Swan, LLC proposal is from a qualified operator that is based in southern California and recently expanded its operations to Santa Clara County and Las Vegas, Nevada • SOLO Aquatics proposal is from a local aquatics program that operates as a program subcontractor to the current operator of Burgess Pool. 6 Proposals
• Two of the proposals (Team Sheeper, Inc., and The Swimming Swan, LLC) are from respondents that currently operate public aquatics facilities • In the opinion of City staff and the RFP review panel, these two proposals demonstrate sufficient capabilities and experience to operate the Burgess Pool and future MPCC aquatics center. 7 8
Preliminary considerations
• During the proposal review process, several preliminary considerations were identified for City Council’s awareness
• Staff seeks any additional feedback, questions, or direction City Council may desire to provide at this juncture.
9 Preliminary considerations
• Making some changes to the city’s aquatics services and programs is expected and desired based on the key priorities and requirements that City Council established in the RFP • Preserving some continuity of the city’s aquatics services and programs is expected and desired based on the key priorities and requirements that City Council established in the RFP • Based on the information received during the RFP process to date, City staff is confident and prepared to execute any direction City Council may provide regarding the desired future operations of the City’s aquatics program. 10 Preliminary considerations
• Remaining with the current qualified operator would probably result in relatively less disruption to current programs and operations from the perspective of current pool users, continuity of services and programs that are already in place • Selecting a new qualified operator would probably result in relatively more disruption to current programs and operations from the perspective of current pool users, particularly in regard to the unique challenges and opportunities of transitioning from one operator to another operator. 11 Next steps*
February 28 – City staff analysis of the proposals, anticipated impacts and potential benefits of each option, and City staff’s recommendation for a preferred operatorFebruary 28 – City Council identify a preferred aquatics operator and authorize staff to negotiate an operator agreementMarch 1 – At City Council’s direction, the City enters negotiations with the preferred operator that City Council identified. March 28 (tentative) – City Council authorization to execute the agreement. * All dates are tentative and subject to change 12
13 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: 2/14/2023
Staff Report Number: 23-029-CC
Regular Business: Direction on Finance and Audit Committee composition
Recommendation
Staff recommends that the City Council direct staff with updates to City Council Policy #CC-23-004 Commissions/Committees Policies and procedures, Roles and Responsibilities (CC-23-004.) Policy Issues
According to CC-23-004 (Attachment A), there shall be seven members on each commission/committee.

Background
On January 10, the City Council made annual appointments to represent the City or liaison for City Council (Attachment B.) During that deliberation, the City Council directed staff to return the composition of the Finance and Audit Committee (FAC) membership for City Council consideration. At that meeting, the City Council also approved the regular FAC meeting schedule as the third Thursday of every quarter at 5:30 p.m.

The FAC was established in early 2008 consisting of two City Councilmembers and three residents. In April 2019, the City Council approved the FAC membership expansion from five to seven members with the addition of two residents. This action created a FAC consisting of two City Councilmembers and five residents (Attachments C and D.)
Currently, the City’s annual advisory body recruitment is underway through April 7 at 5 p.m. to fill expiring terms. There are currently three FAC vacancies for residents. At the current FAC membership (five residents and two City Councilmembers as voting members), staff is recruiting for three resident vacancies.

According to CC-23-004, no person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion.) For the FAC annual recruitment, two of the three vacancies are open to incumbents.

Analysis
Staff is requesting that the City Council direct staff to update CC-23-004 related to the FAC membership composition. Below are options recommended by staff for City Council consideration. The City Council can also direct other alterations.

AGENDA ITEM I-3 Page I-3.1
Staff Report #: 23-029-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Option 1
Reduce the FAC membership from seven to five and remove two City Councilmembers as voting members. FAC composition: Five residents and appointment of one City Councilmember liaison (not a voting member.)
Option 2
Reduce the FAC membership from seven to five and retain two City Councilmembers as voting members.

FAC composition: Three residents and two City Councilmembers as voting members.

Option 3
Retain the FAC membership at seven members, but remove two City Councilmembers as voting members.

FAC composition: Seven residents and appointment of one City Councilmember liaison (not a voting member.)
Option 4
Retain the current FAC membership of five residents and two City Councilmember as voting members.

If the City Council directs Options 1, 2 or 3 or a variation of those, staff will return with a resolution updating CC-23-004 and those changes will take effect after adoption. If Option 4 is directed, there will be no further City Council action required. Table 1 offers a summary of Options 1 – 4:

Option no. Total FAC
membership
No. of resident
members
No. of City Council as
FAC members
No. of City Council
liaisons
Option 1
(Reduce 7 to 5) 5 members 5 0 1
Option 2
(Reduce 7 to 5) 5 members 3 2 0
Option 3
(Retain 7) 7 members 7 0 1
Option 4
(Retain 7) 7 members 5 2 0
Impact on City Resources
There is no impact on City resources.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it 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.

Page I-3.2
Staff Report #: 23-029-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Attachments
A. CC-23-004
B. 2023 City Council assignments to regional boards and advisory bodies C. Hyperlink – June 4, 2019, City Council staff report: menlopark.org/DocumentCenter/View/21743/H3- 20190604-FAC-update-and-appoint-CC
D. Hyperlink – June 4, 2019, City Council minutes:
menlopark.org/AgendaCenter/ViewFile/Minutes/_06042019-3287 Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page I-3.3

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-23-004
Adopted January 10, 2023
Resolution No. 6803
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has seven active Commissions and Committees. The active advisory bodies are:

Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution No. 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

Six of the seven commissions and committees listed above are advisory in nature. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.12) and State statute (Government Code 65100 et seq., 65300-65401).

The City has an adopted Anti-Harassment and Non-Discrimination Policy (CC-21-0022), and a Travel, Meal, and Lodging Policy (CC-19-002), which are also applicable to all advisory bodies.

Policies and Procedures
Relationship to City Council, staff and media
 Upon referral by the City Council, the commission/committee shall study referred matters and return their recommendations and advise to the City Council. With each such referral, the City Council may authorize the City staff to provide certain designated services to aid in the study.  Upon its own initiative, the commission/committee shall identify and raise issues to the City Council’s attention and from time to time explore pertinent matters and make recommendations to the City Council.  At a request of a member of the public, the commission/committee may consider appeals from City actions or inactions in pertinent areas and, if deemed appropriate, report and make recommendations to the City Council.  Each commission/committee is required to develop an annual work plan which will be the foundation for the work performed by the advisory body in support of City Council annual work plan. The plan, once finalized by a majority of the commission/committee, will be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. The proposed work plan must align with the City Council’s adopted work plan. When modified, the work plan must be taken to the City Council for approval. The Planning Commission is exempt from this requirement as its functions are governed by the Menlo Park municipal code (Chapter 2.12) and State law (Government Code 65100 et seq, 65300-65401).  Commissions and committees shall not become involved in the administrative or operational matters of City departments. Members may not direct staff to initiate major programs, conduct large studies or establish department policy. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature.

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
 Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that their statements do not represent the position of the City Council.  Commission/Committee members will have mandatory training every two years regarding the Brown Act and Page I-3.4 ATTACHMENT A

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 2
Adopted January 10, 2023
Resolution No. 6803

parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body.

The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

City Councilmembers should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committee, City Councilmembers are to reflect the views of the City Council as a body. Being a commission/committee liaison bestows no special right with respect to commission/committee business.

Typically, assignments to commission/committee liaison positons are made at the beginning of a City Council term in December. The Mayor will ask City Councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the various committees, boards, and commissions which City Councilmembers will represent as a liaison. In the rare instance where more than one City Councilmember wishes to be the appointed liaison to a particular commission, a vote of the City Council will be taken to confirm appointments.

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.  Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Advisory Body Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page I-3.5

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 3
Adopted January 10, 2023
Resolution No. 6803

provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

City Council referrals
The city clerk shall transmit to the designated staff liaison all referrals and requests from the City Council for advice and recommendations. The commissions/committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments.

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that they are speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate. Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

Disbanding of advisory body
Upon recommendation by the Chair or appropriate staff, any standing or special advisory body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council.

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, city manager, city attorney, city clerk and other appropriate staff, as requested.  Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

2. Conduct and parliamentary procedures
 Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert’s Rules of Order.
 A majority of commission/committee members shall constitute a quorum and a quorum must be seated before official action is taken.
 The chair of each commission/committee shall preside at all meetings and the vice chair shall assume the duties of the chair when the chair is absent.
 The role of the commission/committee chair (according to Roberts Rules of Order): To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them; to assist in the expediting of business in every compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if they think it advisable; to restrain the members when engaged in debate, within the rules of order, to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly; to inform the assembly when necessary, or when referred to for the purpose, on a point of order to practice pertinent to pending business; to authenticate by their signature, when necessary, all the acts, orders, and proceedings of the assembly declaring it will and in all things obeying its commands.

Page I-3.6

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 4
Adopted January 10, 2023
Resolution No. 6803

3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.  The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.
 All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

4. Meeting locations and dates
 Meetings shall be held in designated City facilities, as noticed.  All commissions/committees with the exception of the Planning Commission, and Finance and Audit Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month and the Finance and Audit Committee shall hold quarterly meetings.  Monthly regular meetings shall have a fixed date and time established by the commission/committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the commission/committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the City Council and made available to the public.

The schedule of Commission/Committee meetings is as follows:
 Complete Streets Commission – Every second Wednesday at 6:30 p.m.  Environmental Quality Commission – Every third Wednesday at 6:00 p.m.  Finance and Audit Committee – Third Thursday of every quarter at 5:30 p.m.,  Housing Commission – Every first Wednesday at 6:30 p.m.  Library Commission – Every third Monday at 6:30 p.m.
 Parks and Recreation Commission – Every fourth Wednesday at 6:30 p.m.  Planning Commission – Twice a month on a Monday at 7 p.m.

Each commission/committee may establish other operational policies subject to the approval of the City Council.

Any changes to the established policies and procedures shall be subject to the approval of the City Council.

5. Off-premises meeting participation
While technology allows commission/committee members to participate in meetings from a location other than the meeting location (referred to as “off-premises”), off-premises participation is discouraged given the logistics required to ensure compliance with the Brown Act and experience with technological failures disrupting the meeting. In the event that a commission/committee member believes that their participation is essential to a meeting, the following shall apply:
 Any commission/committee member intending to participate from an off-premise location shall inform the staff liaison at least two weeks in advance of the meeting.
 The off-premise location must be identified in the notice and agenda of the meeting.  Agendas must be posted at the off-premise location.
 The off-premise location must be accessible to the public and be ADA compliant.  The commission/committee member participating at a duly noticed off-premises location does not count toward the quorum necessary to convene a meeting of the commission/committee.  For any one meeting, no more than one commission/committee member may participate from an off-premise location.
 All votes must be by roll call.

6. Selection of chair and vice chair
 The chair and vice chair shall be selected in May of each year by a majority of the members and shall serve for one year or until their successors are selected.
 Each commission/committee shall annually rotate its chair and vice chair.

Page I-3.7

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 5
Adopted January 10, 2023
Resolution No. 6803

G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or their designee.  Appointments made during the middle of the term are for the unexpired portion of that term.

Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the city clerk’s office and on the City’s website.  The city clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline.

Applications sent by email are accepted.
 After the deadline of receipt of applications, the city clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the city clerk will extend the application period for an indefinite period of time until sufficient applications are received.  Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the city clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted at a City Council meeting. The city clerk will ask each City Councilmember for their nominations; the number of nominations is limited to the number of vacancies. The candidate that receives a majority of nominations will be appointed. If there is a tie, multiple rounds of voting will occur.
 Following a City Council appointment, the city clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.
 An orientation will be scheduled by the city clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

Attendance
 A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members.
 Absences, which result in attendance at less than two-thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the City Council.  Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence.  While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that they will be absent.
 When reviewing commissioners for reappointment, overall attendance at full commission meetings will be given significant consideration.

Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, Page I-3.8

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 6
Adopted January 10, 2023
Resolution No. 6803

members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-19-002).

Conflict of interest and disclosure requirements
 A Conflict of Interest Code has been updated and adopted by the City pursuant to Government Code §87300 et seq. Copies of the conflict of interest code are filed with the city clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Complete Streets Commission, Housing Commission, and Planning Commission are required to file a Statement of Economic Interest with the city clerk to disclose personal interest in investments, real property and income. This is done within 30 days of appointment and annually thereafter. A statement is also required within 30 days after leaving office.  If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using their official position to influence a governmental decision. Questions in this regard may be directed to the city attorney.

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee.

Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the city clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).  Resignations must be submitted in writing to the city clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.
 Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.  If a member resigns before the end of their term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are posted by the city clerk in the City Council Chambers bulletin board and on the city website.  Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).
 On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the city clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

Page I-3.9

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 7
Adopted January 10, 2023
Resolution No. 6803

Roles and Responsibilities
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. The Complete Streets Commission's responsibilities include:
 To advance the goals of the city’s newly adopted climate action plan by making alternatives to driving safer and more attractive
 Advise City Council on the implementation of the transportation master plan.  Continue to advocate for and advise the City Council on planning and installing pedestrian and bicycle rail crossing and safe cycling/pedestrian infrastructure.
 Continue to support City Council in ongoing initiatives to improve access to Downtown and support downtown businesses.
 Continue to support the implementation of the Safe Routes to School strategy and advocate for community engagement, program continuity and engineering implementation.  Continue to support City Council’s role as a stakeholder with regard to regional multi-modal and transportation demand management programs projects to increase
Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
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. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City  Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan 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. Specific focus areas include:
 The scope and degree of library activities
Page I-3.10

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 8
Adopted January 10, 2023
Resolution No. 6803

 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
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. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.  The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.  The Commission works on special projects as assigned by the City Council.

Special Advisory Bodies
The City Council has the authority to create standing committees, task forces or subcommittees for the City, and from time to time, the City Council may appoint members to these groups. The number of persons and the individual appointee serving on each group may be changed at any time by the City Council. There are no designated terms for members of these groups; members are appointed by and serve at the pleasure of the City Council.

Any requests of city commissions or committees to create such ad hoc advisory bodies shall be submitted in writing to the city clerk for City Council consideration and approval.

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
Page I-3.11

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 9
Adopted January 10, 2023
Resolution No. 6803

Procedure adoption 9/20/2022 Resolution No. 6776
Procedure adoption 1/10/2023 Resolution No. 6803
Page I-3.12
2023 City Council assignments
MAYOR ASSIGNMENTS 2023 Primary 2023 Alternate
Association of Bay Area Governments (ABAG) Jen Wolosin Cecilia Taylor League of California Cities (Peninsula Division) Jen Wolosin Cecilia Taylor Menlo Park Chamber of Commerce / City liaison position Jen Wolosin Cecilia Taylor Palo Alto Community Fund Advisory Board Jen Wolosin
San Mateo County Council of Cities and City Selection Committee Jen Wolosin Cecilia Taylor

REGIONAL BOARD MEMBERS
Bay Area Water Supply & Conservation Agency (BAWSCA) - through June 25, 2025 and San Francisco Bay Area Regional Water System Financing Authority REGIONAL ASSIGNMENTS 2023 Primary 2023 Alternate
Caltrain Modernization Local Policy Group Jen Wolosin Betsy Nash City/County Association of Governments of San Mateo County (C/CAG) Cecilia Taylor Betsy Nash Emergency Services Council (San Mateo County JPA) Cecilia Taylor Drew Combs Facebook Local Community Fund Betsy Nash Cecilia Taylor Grand Boulevard Task Force
HEART Board Member Agency Committee (MAC) Drew Combs Maria Doerr Home for All Cecilia Taylor n/a
Peninsula Clean Energy (PCE) Community Choice Energy Betsy Nash Maria Doerr 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 Catherine Carlton* n/a SFO Airport/Community Roundtable Cecilia Taylor Drew Combs South Bayside Waste Management Authority (SBWMA) Cecilia Taylor Drew Combs Stanford Community Resources Group Betsy Nash Maria Doerr CITY COUNCIL ADVISORY BODY MEMBERS 2023 Member 1 2023 Member 2 Finance and Audit Committee

ADVISORY BODY LIAISONS
Complete Streets Commission
Environmental Quality Commission
Housing Commission
Library Commission
Parks and Recreation Commission
Planning Commission
OUTSIDE AGENCY LIAISONS 2023 Member 1 2023 Member 2
Menlo Park City School District
Menlo Park Fire Protection District
Searsville Advisory Group Betsy Nash
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 Maria Doerr
2023 Member
Maria Doerr
2023 Member
Cecilia Taylor
Betsy Nash
Maria Doerr
Jen Wolosin
Drew Combs
ATTACHMENT B Page I-3.13

DIRECTION ON FINANCE AND AUDIT
COMMITTEE COMPOSITION Judi A. Herren, City Clerk
I3-PRESENTATION
 Provide staff with updates to City Council Policy #CC23-004 Commissions/Committees Policies and procedures, Roles and Responsibilities

STAFF RECOMMENDATION
2  Option 1 - Reduce the FAC membership from seven to five and remove two City Councilmembers as voting members. FAC composition: Five residents and appointment of one City Councilmember liaison (not a voting member.)  Option 2 - Reduce the FAC membership from seven to five and retain two City Councilmembers as voting members.

FAC composition: Three residents and two City Councilmembers as voting members.  Option 3 - Retain the FAC membership at seven members, but remove two City Councilmembers as voting members. FAC composition: Seven residents and appointment of one City Councilmember liaison (not a voting member.)  Option 4 - Retain the current FAC membership of five residents and two City Councilmember as voting members. 3

OPTIONS
Option no. Total FAC membership No. of resident members No. of City Council as FAC members No. of City Council liaisonsOption 1(Reduce 7 to 5) 5 members 5 0 1 Option 2(Reduce 7 to 5) 5 members 3 2 0
Option 3(Retain 7) 7 members 7 0 1
Option 4(Retain 7) 7 members 5 2 0

THANK YOU
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: 2/14/2023
Staff Report Number: 23-035-CC
Informational Item: City Council agenda topics: February 28 – March 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 March 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: February 28 – March 14, 2023 Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM J-1 Page J-1.1
Through March 14, 2023
Tentative City Council Agenda
# Title Department Item type City Council action1 Adopt a resolution to approve amendments to the salary schedule as of February 28, 2023 ASD Consent Adopt resolution 2 December 2022 quarterly investment report ASD Consent Receive and file 3 Mid-year budget amendment ASD Regular Adopt resolution4 Receive the annual comprehensive financial report for the fiscal year ended June 30, 2022 ASD Consent Receive and file 5 ADU clean-up amendments CDD Public Hearing Second read/adopt ordinance6 Approve a contract for environmental review for proposed project at 980-1030 O'Brien CDD Consent Contract award or amend7 Introduce an ordinance-Senate Bill 9 (SB 9) CDD Public Hearing First read/intro ordinance 8 Parkline - Senate Bill 7 CDD Regular Approve
9 Parkline/SRI NOP comment review CDD Regular Approve
10 SB 9 - second reading CDD Consent Second read/adopt ordinance11 Vesting Tentative Map Extension for 201 El Camino Real CDD Public Hearing Adopt resolution12 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 13 Annual conflict of interest code update CMO Consent Adopt resolution 14 Appoint City Councilmembers to various standing and ad hoc subcommittees, and disband inactive ad hoc subcommittees CMO Regular Decide 15 City Council agenda topics CMO Informational No action16 City Council priority setting workshop CMO Informational No action17 Environmental Quality Commission Chair Report CMO Presentation No action 18 First reading/intro: Outdoor dining ord CMO Public Hearing First read/intro ordinance 19 Minutes CMO Consent Approve
20 Reach Codes 2.0 CMO Study Session No action
21 Transmittal of city attorney billing (Jan 2023) CMO Informational No action22 Second reading/adoption: Outdoor dining ord CMO Consent Second read/adopt ordinance 23 Menlo Park Community Campus - furniture and non-fixed equipment procurement LCS Regular Approve 24 Parks and Recreation Facilities Master Plan update - Pickleball, MPCC LCS Informational No action25 Reimagining Public Safety Update PD Informational No action 26 Approve service agreement with Caltrain for Middle Avenue undercrossing project PW Consent Contract award or amend 27 Bid award Chrysler pump station PW Consent Contract award or amend 28 Consider an appeal of the Complete Streets Commission decision to remove two parking spaces on Roble Avenue PW Regular Adopt resolution, Decide29 Provide direction on whether to consider elevated alternatives for Caltrain grade separation PW Study Session Direction to staff 30 Ravenswood Street Resurfacing PW Consent Contract award or amend 31 Authorize the city manager to execute an agreement to develop a shuttle evaluation study PX Consent Contract award or amend ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
PW-Public Works

ATTACHMENT A
Page J-1.2
Library and Community Services

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-030-CC
Informational Item: Proposed cultural and community events grant program
Recommendation
City staff recommends that City Council review this informational report about a proposed cultural and community events grant program (CCEG), in advance of the midyear budget review and a potential request for a budget appropriation to support the proposed program tentatively scheduled February 28. No City Council action is requested at this time.

Policy Issues
City Council provides policy direction to the city manager regarding services to the community; authorizes budget appropriations to support City services and programs including grants; authorizes the city manager to negotiate and execute agreements including grant agreements; and sets prioritization for the use of City resources to serve the community.

Background
On September 20, 2022, City Council reviewed a tentative calendar of City-organized community events.

During the discussion, City Councilmembers expressed interest in potentially creating a grant program to incentivize and support local organizations and groups to produce their own cultural and community events for the community’s benefit.

On June 4, 1996, City Council adopted City Council Policy #CC-01-1996, “Community Funding Program,” to guide allocation of general fund dollars to community organizations to support human services needs of Menlo Park residents. The Community Funding Program provides an example of a City-administered community grant program and could serve as a model for the proposed CCEG outlined in this report.

Analysis
Purpose and intent
Cultural and community events play an important role in celebrating and creating a vibrant community. The intent of the proposed CCEG is to incentivize and support neighborhood groups, local businesses, and community-based organizations to create and stage public events for the enjoyment and enrichment of the Menlo Park community. Examples of cultural and community events include but are not limited to community celebrations, neighborhood block parties, festivals, local arts and crafts shows, parades, performances and cultural events. The CCEG would offer grant-based financial support to help offset a portion of the costs of developing and executing cultural and community events in Menlo Park, including equipment rental, supplies and services, performer fees, City permit fees and related costs.

AGENDA ITEM J-2 Page J-2.1
Staff Report #: 23-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Proposed process
City staff proposes that the CCEG process emulate the model of the Community Funding Program process in some, but not all respects. Key elements of the proposed process include:
• Annual notice of funding availability (NOFA)
• Eligibility criteria set in a CCEG procedure that is approved by City Council • Robust advertisement and promotion of the NOFA in English and Spanish • Grant application period at least four weeks in duration • Technical assistance to applicants as needed to help them prepare and submit applications • Structured review and evaluation process organized by City staff with input from the Library Commission and Parks and Recreation Commission. (This element of the proposed process would be different from the Community Funding Program process, in which applications are first reviewed by a City Council Subcommittee.)
• Recommendations for grant awards made by the Library Commission and Parks and Recreation Commission
• Final determination and authorization of grant awards by City Council • Annual evaluation and review of grantee performance by the Library Commission and Parks and Recreation Commission, with performance reporting provided to City Council.

Proposed guidelines and criteria
City staff proposes that the CCEG process include the following guidelines and criteria for evaluating applications and selecting awards. The proposed guidelines and criteria are numbered below for convenient reference only and are presented in no particular order or priority:

1. Applications would be invited in two categories of events:
– New events that have not taken place before in Menlo Park – Returning events that have previously taken place in Menlo Park

2. Maximum grant award of $10,000 per applicant, and a minimum grant award of $500 per event

3. Grant award amounts would not exceed more than 50 percent (50%) of the total estimated event cost

4. No waivers of required City permit fees or City costs related to supporting events would be granted (for example, police presence, street closures, maintenance crews, etc.), however the grant award may be applied toward these fees and/or costs

5. Events receiving CCEG funds would take place within the boundaries of incorporated Menlo Park

6. Events receiving CCEG funds would be open, inclusive, welcoming, and accessible to all members of the Menlo Park community

7. CCEG funds would not be used for:
– Ticketed events
– Individuals
– Events that are designed to primarily benefit for-profit enterprises – Events that serve a political purpose or are sponsored by political organizations – Events that serve a religious purpose or are sponsored by religious organizations – Invitation-only events that are not open to the general public.

8. Applicants would submit a complete application containing key information about the proposed event, including:
– Event purpose and description
– A complete event budget including projected income and expenses – Description and identifying information about the applicant group or organization, such as nonprofit Page J-2.2
Staff Report #: 23-030-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov certification, business employer ID number, or neighborhood group organizational details such as a charter or similar written documentation.

9. Applications would be evaluated according to the following criteria:
– The event demonstrates and adheres to the principle of inclusion, belonging, access, fairness, and justice for the entire Menlo Park community and all the people who are part of it – The event directly or indirectly benefits the City of Menlo Park community, non-profit organizations, advancement of educational, cultural or arts initiatives, recreational and/or social activities – The event benefits a Menlo Park based non-profit organization, community-based organization or neighborhood group
– The event celebrates and/or promotes the City of Menlo Park and the people and organizations that are a part of it
– The event enhances the quality of life for all City of Menlo Park community members – The event advances economic development efforts in the City of Menlo Park – The applicant has proven capability to successfully execute the event and complete all required reporting and accountability measures related to the event and the CCEG grant funding award.

City staff is preparing a draft procedure containing the above noted guidelines and criteria, a draft application and proposed timeline for implementing the above noted process, a template funding agreement, and a potential budget appropriation to support the proposed CCEG program for City Council review tentatively on February 28.

Impact on City Resources
The CCEG is proposed to be conducted annually to coincide with annual budget processes, either at budget midyear or with the annual budget adoption. City staff proposes an initial appropriation of $50,000 from the general fund toward the CCEG program’s first year.

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

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

Attachments
A. None
Report prepared by:

Sean S. Reinhart, Library and Community Services Director Page J-2.3
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: 2/14/2023
Staff Report Number: 23-031-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 December 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 – December 2022
Report prepared by:

Justin I.C. Murphy, City Manager
AGENDA ITEM J-3 Page J-3.1
DECEMBER 2022 CITY LEGAL SERVICES - Burke, Williams & Sorensen, LLP Description Fees Costs Total Billed
GENERAL MUNICIPAL MATTERS $20,592.00 $0.00 $20,592.00
REAL ESTATE, COMPLEX HOUSING, CEQA, NEPA $17,577.50 $0.00 $17,577.50 HOUSING ELEMENT $15,637.50 $0.00 $15,637.50
CONSTRUCTION AND COMPLEX PUBLIC WORKS $1,798.00 $0.00 $1,798.00 MENLO UPTOWN $624.00 $0.00 $624.00
123 INDEPENDENCE $4,556.00 $0.00 $4,556.00
111 INDEPENDENCE $129.00 $0.00 $129.00
WILLOW VILLAGE $25,769.00 $0.00 $25,769.00
1075 O'BRIEN/CS BIO $288.00 $0.00 $288.00
162-164 JEFFERSON $288.00 $0.00 $288.00
1105-1165 O'BRIEN DRIVE $816.00 $0.00 $816.00
BOHANNAN DEVELOPMENT $1,200.00 $0.00 $1,200.00
FEES $5,797.00 $0.00 $5,797.00
SRI CAMPUS $7,824.00 $0.00 $7,824.00
HOTEL MOXY / 3723 HAVEN AVENUE $144.00 $0.00 $144.00
1005 O'BRIEN $1,056.00 $0.00 $1,056.00
UUT CLAIM/LITIGATION $24,697.50 $78.04 $24,775.54
PUBLIC RECORDS ACT $3,510.00 $0.00 $3,510.00
CITY COUNCIL $459.00 $0.00 $459.00
980-1030 O'BRIEN $3,763.00 $0.00 $3,763.00
3705 HAVEN $816.00 $0.00 $816.00
CITY LEGAL EXPENSES PAID BY CITY $90,146.54
CITY LEGAL EXPENSES PAID BY DEVELOPERS $47,273.00
TOTAL $137,419.54
Page J-3.2 ATTACHMENT A
Police

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

STAFF REPORT
City Council
Meeting Date: 2/14/2023
Staff Report Number: 23-037-CC
Informational Item: Police department quarterly update – Q4 September 2022 – December 2022
Recommendation
The purpose of this informational item is to provide an update to the public and to the City Council as requested in City Council discussions in spring and summer 2021. This is an informational item and does not require City Council action.

Policy Issues
In accordance with the City Council informational requests and interest in Menlo Park Police Department (MPPD) activities and use of equipment, this staff report transmits information to the public.

Analysis
In public discussions with City Council, the following information is provided through regular updates by the MPPD:

1. Results of required periodic auditing of the department’s automated license plate reader (ALPR) technology. The department is required to conduct regular audits of the system to ensure it is being used appropriately.

2. Reports of interactions with animal control. Specifically, the City Council requested to be notified of any animal control hearings being held for dangerous animal in Menlo Park.

3. Use of force and Taser incidents. Committed to transparency, the MPPD will provide the number of documented use of force incidents and Taser deployments regularly. Every documented use of force incident (including Taser deployments) is investigated and reviewed by the supervisor and command staff by policy.

4. Complaints. Also in the spirit of transparency, the MPPD will provide the number of complaints received and reviewed regularly.

5. Assembly Bill (AB) 481. AB 481, signed into law September 30, 2021 and applicable to agencies no later than May 1, 2022, requires that law enforcement agencies obtain the approval of City Council, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. The City Council adopted this ordinance at their May 10, 2022, meeting.

6. Community engagement. For a more holistic perspective, the MPPD will also be sharing a general overview of outreach activities completed by the department on a regular basis.

Quarterly updates – Q4 – October-December 2022
ALPR update
From October through December 2022, MPPD’s three mobile mounted ALPR’s captured 261,460 license plates. The data captured resulted in 288 “hits” that a captured license plate was currently on an active law AGENDA ITEM J-4 Page J-4.1
Staff Report #: 23-037-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov enforcement database or wanted list.

Additionally, MPPD also audits inquiries to the overall ALPR databases made by members of MPPD staff.

Each inquiry to the database requires an articulable investigative reason (case investigation.) The ALPR database was offline for the entire reporting period and no inquiries were made.

Animal Control update
During this reporting period, one animal control hearing for animals in Menlo Park was conducted and based upon the information currently available there were no citations issued by Animal Control in our jurisdiction.

Use of force update
From October through December 2022, MPPD was attached to 8,337 incidents, including calls for police service and proactive patrol activity. There were no uses of force meeting the threshold for further documentation reported. Each reported use of force report is presented for review to the Chief and Command staff, and any training issues are identified and addressed.

Three members of the MPPD Defensive Tactics Team received instructor certification in advanced tactics designed to reduce injury and bring confrontational situations to a safe conclusion.

Complaints update
From October through December 2022, MPPD was attached to 8,337 incidents, including calls for police service and proactive patrol activity. Ten complaints were documented either from the community or selfinitiated by this Department. Each complaint is always evaluated and/or investigated according to policy.

AB 481 equipment use update
From October through December 2022, MPPD was attached to 8,337 incidents, including calls for police service and proactive patrol activity. During this time period, there were no operations of MPPD or SWAT (Special Weapons Attack Team) personnel that resulted in the use of equipment listed in compliance with AB 481.

Community engagement update
MPPD officers encounter opportunities regularly to interact with the community in a positive way. During the quarters from October through December 2022, MPPD officers documented 60 distinct incidents as “OUTREACH” in the computer dispatch system (CAD.) While this number is the floor, not the ceiling of the total positive interactions MPPD has with the public, these incidents were entirely community engagement and public service oriented. In addition, MPPD participated in several organized events with the community.

The 60 incidents included officers engaging in conversations with community members some spontaneous and some initiated by our curious public, engagement with youth and families during foot and bike patrols with stickers passed out and bike helmets distributed when needed, interactive visits to the local skate park, engagement during downtown foot patrols and at Lions Club sponsored farmers market, in addition to numerous visits to parks and local elementary and middle schools. In October, MPPD had a presence at multiple locations during Faith & Blue Weekend to connect with community members, and met with several clergy members at both services and a “Coffee with Clergy” event. Officers attended Trader Joe’s event to collect canned goods ahead of Thanksgiving with a youth group from Menlo-Atherton High School. Officers also participated in the annual “Shop with a Cop” event with Target and the CalTrain “Holiday Train” with the Salvation Army, US Marines and Toys for Tots over the holidays. Officers stopped by and connected with several families and staff at the Russian Orthodox Church for their Holiday Event. Members from across the department interacted with members of the community at various events throughout the city in an effort to Page J-4.2
Staff Report #: 23-037-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov promote police-community partnerships.

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

Attachments
None.

Report prepared by:

Scott Mackdanz, Administrative Sergeant
W.A. “Tony” Dixon, Police Commander
Dave Norris, Police Chief
Page J-4.3