Menlo Park City Council
April 25, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING AGENDA – NOTICE OF CONTINUANCE OF PUBLIC

HEARING
Date: 4/25/2023
Time: 6:00 p.m.

Locations: Zoom.us/join – ID# 814 7839 7160 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Notice of continuance of public hearing
Notice is hereby given that the public hearing identified below as agenda item J1., held at the regular City Council meeting on March 14, 2023 was continued to Tuesday, April 25, 2023 and shall resume on: Tuesday April 25, 2023, at 6 p.m. online in a remote format and in-person:
 Zoom.us/join – ID# 814 7839 7160
 In-person, at the City Council Chambers, 751 Laurel St., Menlo Park, CA 94025 Members of the public can listen to the meeting and participate using the following methods. If you have issues viewing the meeting, please email the city clerk at [email protected].

How to participate in the meeting
 Submit a written comment online up to one-hour before the meeting start time:
 [email protected]
 Access the meeting real-time online at:

Zoom.us/join – Meeting ID 814 7839 7160
 Access the meeting real-time via telephone at:
(669) 900-6833
Meeting ID 814 7839 7160
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
Subject to Change: The format of this meeting may be altered or the meeting may be cancelled. 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).

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
April 25, 2023

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 Commission on any subject not listed on the agenda. Each speaker may address the Commission once under Public Comment for a limit of three minutes. The Commission cannot act on items not listed on the agenda and, therefore, the Commission cannot respond to non-agenda issues brought up under Public Comment other than to provide general information.

F. Presentations and Proclamations
F1. Proclamation: Recognizing April 28, 2023 as National Arbor Day (Attachment) Not a California Environmental Quality Act (CEQA) project.

G. Advisory Body Vacancies and Appointments
G1. Consider applicants and make appointments to fill vacancies on various advisory bodies (Staff Report #23-098-CC)
Not a CEQA project.

H. Study Session
H1. Provide direction on the Caltrain quiet zone study (Staff Report #23-097-CC) (Presentation) Not a CEQA project.

I. Consent Calendar
I1. Update City Councilmembers subcommittee appointments (Staff Report #23-099-CC)
Not a CEQA project.

I2. Adopt a resolution certifying compliance with State housing laws to be eligible for One Bay Area Grant funding for the Middle Avenue Caltrain crossing project (Staff Report #23-096-CC) Not a CEQA project.

I3. Authorize the city manager to execute an amendment to the Belle Haven School Joint Use Agreement (Staff Report #23-095-CC)
Not a CEQA project.

I4. Receive and file the Single Audit for the fiscal year ended June 30, 2022 (Staff Report #23-100-CC)
Not a CEQA project.
(Presentation)
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
April 25, 2023

I5. Authorize the city manager to execute agreements with Sloan Sakai and Liebert Cassidy Whitmore for legal services related to human resources (Staff Report #23-101-CC) Not a CEQA project.

J. Continued Public Hearing
J1. Consider the Planning Commission’s recommendation to approve the vesting tentative map extension and adopt a resolution to approve a two-year extension of a vesting tentative map to merge the existing SP-ECR/D (El Camino Real/Downtown Specific Plan) lots, abandon a portion of Alto Lane, and create a two-lot subdivision for condominium purposes, with 12 residential units, one restaurant space and up to three retail spaces on one lot in the SP-ECR/D zoning district, at 201 El Camino Real, and two townhouses on the second lot in the R-3 (Apartment) zoning district, at 612 Cambridge Ave. (Staff Report #23-102-CC) – Continued from March 14, 2023 Determine this action is consistent with the previously adopted Mitigated Negative Declaration for the project on October 27, 2020 per City Council Resolution No. 6595. (Presentation) K. Regular Business
K1. Approve fiscal year 2023-24 budget principles, review five-year General Fund forecast (Staff Report #23-103-CC) (Presentation)
Not a CEQA project.

L. Informational Items
L1. City Council agenda topics: May 9 – May 23 (Staff Report #23-104-CC) Not a CEQA project.

L2. Transmittal of city attorney billing (Staff Report #23-105-CC) Not a CEQA project.

L3. Update on City’s Housing Element Update project status and next steps (Staff Report #23-106-CC)
Not a CEQA project.

M. City Manager Report's
N. City Councilmember Reports
O. Closed Session
O1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Attendees: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte. Legal Counsel Charles Sakai

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
April 25, 2023

P. Adjournment
At every regular meeting of the commission, in addition to the public comment period where the public shall have the right to address the commission on any matters of public interest not listed on the agenda, members of the public have the right to directly address the commission on any item listed on the agenda at a time designated by the chair, either before or during the commission’s consideration of the item.

At every special meeting of the commission, members of the public have the right to directly address the commission 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.

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 commission 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 commission meetings, may call the City Clerk’s Office at 650-330-6620.

Agendas are posted in accordance with California Government 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 agendas by subscribing at menlopark.gov/subscribe. Agendas and staff reports may also be obtained by contacting the city clerk at 650-330-6620. (Posted: 4/20/2023) Proclamation
RECOGNIZING APRIL 28, 2023 AS NATIONAL ARBOR DAY
WHEREAS, National Arbor Day is observed on the last Friday of April each year by many states across the country for the community planting of trees; and WHEREAS, the benefits of trees as part of a stable global environment are well recognized; and WHEREAS, the special importance of trees in urban areas must be maintained to improve air quality, provide shade, prevent erosion of topsoil and sedimentation in waterways, maintain climatic balance, and decrease wind velocities; and
WHEREAS, the City of Menlo Park was historically forested by stands of oak, bay and other trees; and
WHEREAS, the preservation and planting of trees is necessary for the continued health and welfare of the citizens of this City in order to preserve the scenic beauty and historical value of trees; and WHEREAS, the City of Menlo Park is well known for its numerous and beautiful trees which truly enhance the desirability of Menlo Park to live, work and play; and WHEREAS, this is the twenty-fourth anniversary of City of Menlo Park being recognized as a member of the Arbor Day Foundation’s “Tree City USA” group; and WHEREAS, the planting of five trees with Mayor Wolosin, Vice Mayor Taylor, and the Environmental Quality Commission symbolizes the strong relationship, values, and the historical significance of Menlo Park’s trees.

NOW, THEREFORE, BE IT RESOLVED, that I, Jen Wolosin, Mayor of the City of Menlo Park, on behalf of the City Council and City, acknowledges the plantings of one ‘Sky Climber’ Southern live oak (Quercus virginiana 'Sky Climber'), one Marina strawberry tree (Arbutus marina), and three Chinese pistache (Pistacia chinensis) at Karl E Clark at 313 Market Place on April 29 in recognition and celebration of National Arbor Day and affirm the City Council’s commitment to safeguard and enhance Menlo Park’s urban forest.

Jen Wolosin, Mayor
April 2023
AGENDA ITEM F-1 Page F-1.1
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: 4/25/2023
Staff Report Number: 23-098-CC
Advisory Body Vacancies: Consider applicants and make appointments to fill vacancies on various advisory bodies
Recommendation
Staff recommends the City Council consider applicants for appointment to vacant or expired term seats on the following advisory bodies:
• Complete Streets Commission (CSC)
• Two (2) vacancies
• Environmental Quality Commission (EQC)
• Two (2) vacancies
• Finance and Audit Committee (FAC)
• Five (5) vacancies
• Housing Commission (HC)
• One (1) vacancy
• Library Commission (LC)
• Two (2) vacancies
• Parks and Recreation Commission (PRC)
• Two (2) vacancies
• Planning Commission (PC)
• Two (2) vacancies
Policy Issues
City Council Policy CC-23-004 (Attachment A) establishes the policies, procedures, roles and responsibilities for the City’s appointed advisory bodies, including the manner in which members are selected.

Background
Annually, staff conducts a recruitment to fill advisory body vacancies that exist due to expiring terms, members terming out or unexpected vacancies (e.g., resignations). This recruitment period involved a twomonth period of advertisements and announcements from Feb. 6 – April 7, 2023. Incumbent members who were expiring but not terming out were informed of their ability to apply for reappointment. Incumbent members who were expiring and terming out were informed of their ability to apply for a different advisory body. Residents who expressed interest in serving or were not appointed in a previous recruitment were also invited to apply.

Following City Council’s appointment, the city clerk’s office provides onboarding and orientation for the new members. This includes the oath of office, commissioner handbook, introduction of advisory body liaison staff, Form 700 Statement of Economic Interests filing (if applicable) and Brown Act training. For AGENDA ITEM G-1 Page G-1.1
Staff Report #: 23-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov appointments made annually in April, the city clerk’s office coordinates with the city attorney’s office to provide this training jointly in May of each year. Training includes ethics, Brown Act and Public Record Act Request.

The city clerk’s office regularly reviews all agendas and minutes, tracks attendance (Attachment B) and serves as the principal staff contact for all advisory body members. The City has designated staff to act as a subject matter expert and serves as a liaison between the advisory body and the City Council Analysis
Pursuant to City Council Policy CC-23-0004, members must be residents of the City of Menlo Park and serve for designated terms of four years, with the exception of the FAC, or through the completion of an unexpired term or as otherwise designated. On Feb. 14 the City Council directed staff to retain the FAC membership at seven members, but remove the two City Councilmembers as voting members, resulting in a FAC composition of seven residents and appointment of one City Councilmember liaison (not a voting member). Also, initially when there were two City Councilmembers serving as voting members on the FAC, the FAC term was set to two years. Staff intends to prepare a future staff report for City Council consideration to update the Finance and Audit Committee to the Finance and Audit Commission with four year terms for members.

Residency for all applicants has been verified by the city clerk’s office. In addition, the City Council’s policy states the selection/appointment process by the City Council shall be conducted open to the public.

Nominations will be made and a vote will be called for each nomination in the order received. Applicants receiving the highest number of affirmative votes from a majority of the City Council present shall be appointed. The number of votes for each City Councilmember is limited to the number of vacancies.

Appointments will be for 4-year terms expiring April 30, 2027, except for:
• Five FAC appointment (designed to be 2-year terms) expiring April 30, 2025.

Note, all applications will be provided to the City Council under separate cover and are also available for public viewing at the city clerk’s office during regular business hours or by request (Attachment C.) The City Council also has the opportunity to ask applicants if they would consider appointments to an alternate commission. Attachment D lists all applicants including their residency District and Attachment E lists currently seated members and their residency District. These appointments can be made by the City Council at this meeting.

The City received the following applications, presented by advisory body and listed in alphabetical order by last name.

Complete Streets Commission – two vacancies:
• Jacqui Cebrian (incumbent)
• Jonathan Coe
• Andrew Ehrich (also applied PRC and PC)
• Wonman Lee (also applied for HC and PRC)
• Ross Silverstein (also applied for PC)
Page G-1.2
Staff Report #: 23-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Environmental Quality Commission – two vacancies:
• Jayanta Dey
• Brian Kissel
• Michael Meyer
• Eduardo Pelegri-Llopart
• Susan Prohaska
• Desta Raines
• Paul Studemeister (also applied for PC)
• Brian Westcott (also applied for PRC) (EQC preferred choice) Finance and Audit Committee – five vacancies:
• Jeff Leroux
• Matthew Normington
• Virginia Portillo (also applied for HC and LC)
• Carol Wong (incumbent)
Given that there are five FAC vacancies and four applicants, the City Council has four options:

1. Appoint FAC applicants and select an applicant from the current pool of applicants that applied to another advisory body.

2. Direct staff to update City Council Policy CC-23-004 changing the FAC composition from seven to five members and appoint three applicants to the FAC.

3. Appoint current applicant(s) to the FAC and extend the FAC recruitment period for two weeks.

4. Refrain from appointing applicant(s) to the FAC, extend the FAC recruitment period for two weeks, and request the expiring members (Matt Normington, Brian Westcott and Carol Wong) to continue serving on the FAC until appointments are made.

Please note that Brian Westcott is terming out of the FAC, having served two consecutive terms, and has applied for the EQC and PRC.

Housing Commission – one vacancy:
• Brooke Frewing
• Wonman Lee (also applied for CSC and PRC)
• Kathleen O’Connell
• Virginia Portillo (also applied for FAC and LC)
Library Commission – two vacancies:
• Wendy Carmody
• Carol Orton
• Virginia Portillo (also applied for FAC and HC)
• Jennifer Wise
Parks and Recreation Commission – two vacancies:
• Andrew Ehrich (also applied CSC and PC)
• Jessica Gilmartin
• Wonman Lee (also applied for CSC and HC)
• Brian Westcott (also applied for EQC) (EQC preferred choice) Page G-1.3
Staff Report #: 23-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Planning Commission – two vacancies:
• Andrew Ehrich (also applied CSC and PRC)
• Katie Ferrick
• Ross Silverstein (also applied CSC)
• Stuart Soffer
• Paul Studemeister (also applied EQC)
Impact on City Resources
Staff support for advisory bodies and funds for recruitment advertising are provided in the annual budget.

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 Policy CC-23-004
B. Hyperlink – March 28 City Council attendance Staff Report #23-080-CC:
https://menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2023- meetings/agendas/20230328-city-council-agenda-packet.pdf#page=96 C. Applications
D. Applications by District
E. Current advisory body members by District
Report prepared by:

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

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-1.5 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 G-1.6

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-1.7

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.

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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-1.9

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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).

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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
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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
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Adopted January 10, 2023
Resolution No. 6803

Procedure adoption 9/20/2022 Resolution No. 6776
Procedure adoption 1/10/2023 Resolution No. 6803
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ATTACHMENT C Page G-1.14
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 15
Current C ty Counc l d str ct District 1
How d d you hear about th s opportun ty (check all that apply) Other: I serve on a commission If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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Subm ss on date:

Rece pt number:

Related form vers on:
30 March 2023, 2:00PM
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Appl cant's full name (f rst and last)
Des red adv sory body (check all that apply)
I Applicant interest, experience and qualifications
Educat on
C v c aft I at ons and commun ty act v t es, nclud ng serv ce on other adv sory bod es, comm ss ons or comm ttees
Jonathan A Coe
Complete Streets Commission
BS,MS
N/A
DISTRICT 4
Descr be your understand ng of the respons b It es of the adv sory body that An avid biker and community organizer for the same I want to give back you are apply ng for and how your personal commun ty or profess onal e>cper ence relate to these respons b It es
to our community and participate in a more formal capacity. rve served on corporate boards and steering committees and have a strong history of driving data-based consensus with the needs of all stakeholders In mind.

Descr be why you want to serve on th s adv sory body and what you hope to Lifelong cyclist and parent of cyclists, I want to see Menlo Park grow accompl sh as a member
I Contact and residency information
Ema l
Cell phone
Home phone
Bus ness phone
Address 1
Address 2
Cly
State
Zp code
Bus ness address
Number of years as a Menlo Park res dent
Current C ty Counc I d sir ct
How d d you hear about th s opportun ty ( check all that apply) into a model community integrating cycling and pedestrian options that encourage less vehicular traffic and further knit our city together. -
-
Menlo Park
CA
94025
10 District 4
Other: Complete Streets member
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If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
From November 2019 - January 2021, I was the City Data Lead for the City of San Jose, working in the City Manager's Office. During that time, I also served as the Deputy Director for San Jose's Emergency Operations Center in charge of coordinating the response to COVID-19 for the entire city. This role required not only coordinating with Santa Clara County on the public health response, but also managing the response to all the downstream repercussions of the pandemic: food insecurity, housing insecurity, economic development, homelessness, renters policy, functioning of parks during the pandemic, and more.

As the person at the City entrusted to help use data to address these challenges, my job was to help bring quantitative rigor to decision making, program design, and policy. However, data without clear goals in mind is not all that useful. The job of City staff was to recommend and design the best way to address problems based on the priorities defined by the City Council and the community, and I could best use data to help them if City Council and the community could readily clarify the goals that were most important to the City.

As a former City staff member in a council-manager form of government, I deeply value the expertise that City staff bring to problems. My goal as part of an advisory body in Menlo Park would not be to dictate to City staff what or how to do their jobs. Rather, I see advisory bodies as helping to clarify priorities and ask the right questions so that City staff can best develop solutions in line with what matters to the community. Advisory bodies help to make clear the goals of the community so that the expertise of City staff -- and data of course! -- can be brought to bear on those goals.

In my role in San Jose, I really valued when an advisory body or a commission could help set clear direction and ask really good questions. It helped me to use data in a way that aligned most closely with the goals of the community. I hope to serve that function as part of a commission in the city where I live.

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Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 7
Current C ty Counc l d str ct District 2
How d d you hear about th s opportun ty (check all that apply) Email Other: Conversations with Councilmembers Drew Combs, Jen Wolosin If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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How d d you hear about th s opportun ty (check all that apply) City website If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
Complete Streets Commission:

It is my understanding that the Complete Streets Commission’s primary responsibilities are to advise the City Council on Transportation projects and solutions that help advance our stated goals as part of Vision Zero, our Climate Action Plan, and our Transportation Master Plan. The commission also reviews large MP construction projects through the lens of transportation.

I would bring two valuable sets of experiences to the Complete Streets Commission:

First, I rarely drive, and overwhelmingly interact with our transportation systems, routes, lanes and intersections either on my bike or on foot (this includes taking my kids to school every day, to the farmers market, the pool, the library, playgrounds and more). I therefore will bring a nondriver’s perspective to the Complete Streets Commission, helping us move MP beyond the car-centric development philosophies that have guided the cityscape in the past.

Second, I have lived in 4 different countries, including Hong Kong, Spain, and the Netherlands in addition to both Northern and Southern California. I have seen how different communities, in urban, rural, and suburban settings can develop transportation priorities that benefit the entire community and incrementally work toward a better transportation system that functions cohesively across different modes of transport.

Planning Commission:

It's my understanding that the Planning Commission of Menlo Park's primary responsibilities are to review development proposals and permits and make decisions regarding the approval or denial of said development. The commission also works closely with the City Council and can recommend changes or improvements to our city's zoning, permits, and overall development process.

I am an amateur urban-planning enthusiast, having read much literature and papers on urban planning. I have lived in 4 different countries, including Hong Kong and the Netherlands, but have lived in California for the last 20 years and the Bay Area for the last 10. I feel that the diverse set of environments in which I've lived gives me a good understanding of the pros & cons of those urban environments.

My economics background gives me a good basis point for which to evaluate various city proposals and try to identify what type of ROI (either monetary or otherwise) we as a community might get out of any given project.

Descr be why you want to serve on th s adv sory body and what you hope to accompl sh as a member
Complete Streets Commission:

I feel strongly that the social fabric of a community is driven by how people get around. There is a stark difference between a community where people are isolated in their own single-occupancy vehicles, and Page G-1.25
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one where people are able to get around walking, biking, scootering, and using public transportation. Where people are able to interact with their neighbors while walking to get a morning coffee, instead of idling their cars in the Starbucks drive-through line.

What I would hope to accomplish on the Complete Streets Commission includes changes both to the culture, and to specific transportation options. At a cultural level, I’d love to remind members of our community that so many issues around transportation, traffic, and parking, are purely a result of our over-reliance on cars, and can be solved by improving our other methods of transportation. I’d love to move to a world where the conversation about multi-modal infrastructure isn’t “drivers versus everyone else,” but rather recognizes that better bus lanes, bike lanes, and improved walkability also benefit drivers by reducing traffic. I’d also love to help the city establish a framework for approving transportation projects that includes the full picture of cost savings (both direct and secondary) resulting from reduced car traffic.

Regarding specific changes I’d hope to accomplish: I’d love to capitalize on the current momentum of establishing proper bike-lanes on Middle Avenue and fully realize a complete Safe Routes to School program where we can actually have safe routes to all the Menlo Park schools that kids would be able to bike on safely without fears of injury from cars. I’d love to establish prioritized bus lanes on certain roads as well as transit signal priority, so buses wouldn’t ever need to be stuck in traffic. I’d also want to add much more bike parking (including for cargo bikes) around the city so that nobody would ever be discouraged from biking to their destination, for fear that they wouldn’t have anyplace safe to park their bikes.

That said, while I believe that deprioritizing cars in Menlo Park will absolutely help us achieve almost all of our stated goals around climate, equity, and vision zero, I also recognize that this isn’t going to happen overnight. I am an incrementalist and understand that anything with government and infrastructure will take time to implement. I would be delighted if my membership on the Complete Streets commission can start to steer the city’s priorities and projects in the right direction.

Planning Commission:

I would love to serve on the Planning Commission and be a voice in the growth and development of Menlo Park. I would say that my overall philosophy for City Planning is one of pro- smart-development. I absolutely love the cute neighborhoods of Menlo Park and how friendly everyone is while I'm going for a walk or riding my bike around town.

That being said, I recognize that there's a desperate housing shortage in California and the Bay Area and would want to be part of the solution to allow that housing to be developed in Menlo Park. I'm a strong proponent of blurring the lines (although not entirely) between residential and commercial areas in towns and feel that it's important Page G-1.26
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I agree
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Advisory body application
Submission date: 7 April 2023, 3:26PM
Receipt number: 67
Related form version: 6
Applicant's full name (first and last) Susan Prohaska
Desired advisory body (check all that apply) Environmental Quality Commission Applicant interest, experience and qualifications
Education PHD, Immunology, Stanford University
MS, Biological Sciences, Stanford University
BA, Microbiology and Immunology, UC Berkeley
Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
I have been volunteering with the Menlo Park City Team to support their efforts including the petition to encourage electrification. The petition and Fact Sheet created serve to garner support for electrification by informing residents of the benefits to the environment of moving away from gas and towards renewable sources of energy, as well as the financial and logistical resources available to make voluntary switch to electric home appliances (with induction and heat pump technologies) when they need replacing, a feasible and economically realistic option for everyone. Similarly, I participated in recent 350 Palo Alto canvassing efforts to publicize the Palo Alto’s “Switch to Electric” program for heat pump water heaters. I continue to work with the Menlo Park City Team to support Earth Day and other upcoming activities.

Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
The Environmental Quality Commission provides guidance to the City Council on matters involving environmental protection, improvement, and sustainability. As a scientist in the biomedical field, I have always been interested in nature, health, and our environment. I am personally committed to reducing my impact where I can and believe that everyone doing a little is the best way to start, but collectively we need to do a lot to overcome the challenges to our environment with sustainable practices that significantly reduce the current harmful and unsustainable uses of fossil fuels and single use plastics around the world. My commitment, scientific training, professional experience and skills would allow me to contribute to the researching, identification and communication of potential solutions to the environmental quality issues addressed by the commission.
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Describe why you want to serve on this advisory body and what you hope to accomplish as a member
I am very concerned about the impact of climate change, as well as the overuse and overproduction of single use plastics, in the world today.

Collectively, we need to improve awareness and reduce the financial and logistical barriers to implementing mitigation strategies such as electrification of homes and businesses, creating and improving green spaces with native drought tolerant species, and sustainable alternatives to single use plastic and packaging. It can be overwhelming even for those of us who want to make meaningful changes, to sift through the available information to identify tangible, actionable steps. It can also be challenging to combat the "gloom and doom" of the messaging around climate change crisis. I would hope that being a member of this Environmental Quality Commission would allow me to learn more about solutions and their implementation, and to help Menlo Park continue to lead in equitable climate action by being part of the team that advises the City Council on these important environmental matters.

Contact and residency information
Email
Cell phone
Home phone
Business phone
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 2
Current City Council district District 2
How did you hear about this opportunity (check all that apply) Other: I have been working with the Menlo Park City Team If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: No
Email: Yes
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
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Signature
Link to signature
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Current C ty Counc l d str ct District 5
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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2/8/2023
4/30/2027
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Bus ness address
Number of years as a Menlo Park res dent 17 years
Current C ty Counc l d str ct District 2
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Uploaded signature image: jl signature tiff
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Address 2
C ty Menlo Park
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 13
Current C ty Counc l d str ct District 1
How d d you hear about th s opportun ty (check all that apply) Other: Nicole M. Acker , Sr. Management Analyst If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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Please type or print clearly. You may attach additional pages, if necessary. This is a public document.

Date:

Commission or committee of interest:

Name:

Education:

Civic affiliations and community activities, including service on other commissions or committees:

Describe your understanding of the responsibilities of the commission or committee that you are applying for and how your personal community or professional experience relate to these responsibilities:

Describe why you want to serve on this commission or committee and what you hope to accomplish as a member:
__________________________________ __________________________________ Signature Date
Address verified in City Limits (if necessary):  By: _____ Appointed:  Yes  No (Initials)
Appointed:  Yes  No
Appointed:  Yes  No

COMMISSION AND COMMITTEE APPLICATION
City Manager’s Office - City Clerk
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620 fax 650-328-7935
X
JAH
OFFICE USE ONLY:

Application received: 3/6/2023____________
Considered by City Council: _________________
Considered by City Council: _________________
Considered by City Council: _________________
If appointed, term ends: ____ 4/30/2025 ________________ DISTRICT 4
03/29/2021 Finance and Audit Committee Carol Wong BBA (International Business) & BA (French) - UT Austin, LLM - London School of Economics I understand that the Finance and Audit Committee is primarily responsible for supporting the delivery of timely, clear and comprehensive reporting of the City's fiscal status to the community at large. To achieve this objective, the committee reviews several areas including periodic financial reporting to the City Council and the public, the audited financial report and resolution of audit findings. In addition, the Committee oversees the financial audit process and selection of auditors as needed. I am a CPA and have experience both in an audit and advisory role in public accounting. I have experience both auditing and reviewing financial statements through those roles. In addition, my current role within the controllership function of a publicly listed company requires that I assist in the preparation the company's financial statements filed with the SEC. Hence, I am familiar with how financial statements are prepared as well as the responsibilities of an audit committee.

I was greatly impressed with all that the City has done during the pandemic. During a time when many needed a sense of community, the city stepped in to provide updates and safety guidance. I'd like to contribute to the city's continued efforts in making the city a safe, secure and healthy community by supporting the Finance. In addition, I hope to add diversity to the committee through my background and professional and personal experiences.

March 29, 2021
2 Personal information:

Name: Number of years as a Menlo Park resident:

Resident address: City: State: Zip:

Mailing address (if different): City: State: Zip:

Phone Email:

Business address: City: State: Zip:

Business phone:

How did you hear about this opportunity:
 Local newspaper  Email  City website
 Nextdoor  Patch.com  Other ____________________
If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone:

Business phone:

Home phone:

Email:
 Yes  No
 Yes  No
 Yes  No
 Yes  No
6 years Menlo Park CA 94025 ✔
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Advisory body application
Submission date: 7 April 2023, 2:45PM
Receipt number: 68
Related form version: 6
Applicant's full name (first and last) Brooke Frewing
Desired advisory body (check all that apply) Housing Commission Applicant interest, experience and qualifications
Education B.A. Wellesley College
J.D. Harvard Law School
Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
I have lived in Menlo Park for over 20 years and volunteered regularly at the schools when my children attended them. During the pandemic I volunteered at the Boys and Girls club. Now that my children have grown, I have more time to become involved in civic activities. This past election cycle, I was active with the No on Measure V campaign and would like to remain involved in housing issues in Menlo Park.

Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
The Housing Commission reviews and advises the City Council on housing policies and programs in Menlo Park. As a lawyer for a technology company, I counsel leaders on substantive issues, balancing risk and opportunity. I am skilled at analyzing complex issues and describing them in a clear and concise manner. These skills, together with my inquisitive and empathetic nature, would enable me to review, recommend and contribute to discussions on creative approaches to increasing the housing supply and planning for housing needs in Menlo Park on the Housing Commission.

Describe why you want to serve on this advisory body and what you hope to accomplish as a member
Given the status of the City’s Housing Element and the housing crisis, this is an important time to focus on housing supply and cost in our community. I would like to help evaluate, analyze and explain Menlo Park housing issues and policy to the City Council, stakeholders and the community at large. It is important to me that Menlo Park provides affordable housing, more shared transport and walkability and innovative housing opportunities that contribute to a commercially vibrant city.

Contact and residency information
Email
Cell phone
Home phone
Business phone
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DISTRICT 2 Page G-1.60
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 20
Current City Council district District 2
How did you hear about this opportunity (check all that apply) Other: Friend If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: Yes
Email: No
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
Signature
Link to signature
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How d d you hear about th s opportun ty (check all that apply) City website If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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DISTRICT 1 Page G-1.66
Address 2
C ty Menlo Park
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 13
Current C ty Counc l d str ct District 1
How d d you hear about th s opportun ty (check all that apply) Other: Nicole M. Acker , Sr. Management Analyst If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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DISTRICT 1 Page G-1.73
Address 2
C ty Menlo Park
State CA
Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 13
Current C ty Counc l d str ct District 1
How d d you hear about th s opportun ty (check all that apply) Other: Nicole M. Acker , Sr. Management Analyst If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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Advisory body application
Submission date: 7 April 2023, 3:37PM
Receipt number: 69
Related form version: 6
Applicant's full name (first and last) Jennifer Wise
Desired advisory body (check all that apply) Library Commission Applicant interest, experience and qualifications
Education B.A. Legal Studies, UC Berkeley
J.D. Santa Clara University School of Law
Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
Most recently, I have lead the charitable giving initiatives for my employer. This includes a back-to-school backpack drive where we donated over 300 backpacks with supplies to student in need, and our holiday Adopt-A-Family giving program where we bought gifts for 8 foster families who otherwise would have been without gifts at the holiday season. I also have a background in public service, having worked for the government as well as directing a preschool.

Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
It is my understanding that the library commission maintains the public library in all facets including acquiring new books and products, scheduling and organizing events, and conducting long term planning.

As an estate planning and tax attorney, I conduct a lot of research, and conduct future planning for families. During my time working for the federal government, I organized symposiums for hundreds of people in the education space. As the Director of a preschool, I organized ageappropriate activities for children on a daily basis.

Describe why you want to serve on this advisory body and what you hope to accomplish as a member
I am an avid library member and am excited to be applying to serve on the commission again. I have always had a passion for reading and education and would love to continue to support the public library. I would love to have a hand in maintaining our excellent library, and with summer coming up, I am eager at the opportunity to create wonderful programs for children and community members for the season when they can use the library most.

Contact and residency information
Email
Cell phone
Home phone
Business phone
1 of 2
DISTRICT 5 Page G-1.75
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 2
Current City Council district District 5
How did you hear about this opportunity (check all that apply) Email If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: No
Email: Yes
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
Signature
Link to signature
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
From November 2019 - January 2021, I was the City Data Lead for the City of San Jose, working in the City Manager's Office. During that time, I also served as the Deputy Director for San Jose's Emergency Operations Center in charge of coordinating the response to COVID-19 for the entire city. This role required not only coordinating with Santa Clara County on the public health response, but also managing the response to all the downstream repercussions of the pandemic: food insecurity, housing insecurity, economic development, homelessness, renters policy, functioning of parks during the pandemic, and more.

As the person at the City entrusted to help use data to address these challenges, my job was to help bring quantitative rigor to decision making, program design, and policy. However, data without clear goals in mind is not all that useful. The job of City staff was to recommend and design the best way to address problems based on the priorities defined by the City Council and the community, and I could best use data to help them if City Council and the community could readily clarify the goals that were most important to the City.

As a former City staff member in a council-manager form of government, I deeply value the expertise that City staff bring to problems. My goal as part of an advisory body in Menlo Park would not be to dictate to City staff what or how to do their jobs. Rather, I see advisory bodies as helping to clarify priorities and ask the right questions so that City staff can best develop solutions in line with what matters to the community. Advisory bodies help to make clear the goals of the community so that the expertise of City staff -- and data of course! -- can be brought to bear on those goals.

In my role in San Jose, I really valued when an advisory body or a commission could help set clear direction and ask really good questions. It helped me to use data in a way that aligned most closely with the goals of the community. I hope to serve that function as part of a commission in the city where I live.

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Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 7
Current C ty Counc l d str ct District 2
How d d you hear about th s opportun ty (check all that apply) Email Other: Conversations with Councilmembers Drew Combs, Jen Wolosin If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
The Planning Commission supports the city's General Plan for the orderly development of the city. As a council-appointed advisory body, we make recommendations and, in some cases, decisions about land use applications before the city and serve as a recommending body to Council for significant land use updates and zoning changes.

In my professional experience, I served on the district staff for US Congresswoman Jackie Speier between 2009-2014 focusing on congressional district resident needs and issue areas related to the federal government that local residents were in need of assistance with.

In early 2014, I started my job at LinkedIn Corporation as their local government affairs representative, including working with their Community Development applications for their commercial development developments globally.

I serve on the Board of Directors for Housing Trust Silicon Valley, which provides innovative financing for Affordable Housing developers in the region.

I was a founding board member for SV@Home between 2015-2020, a nonprofit dedicated to Affordable Housing advocacy in the region. All of these experiences have been instrumental in deepening my understanding of the need for and challenges of creating affordable housing. I've also served on two Chamber of Commerce boards, San Francisco and Mountain View, giving me a solid foundation of understanding of the community's small and large business needs.

Specifically, understanding how land-use decisions, the pace city decision making, and the policy direction at the local level which impact housing, office, and retail development all have a massive impact on the economic viability and vibrancy of a city.

Being able to leverage community service, including volunteer work for our local schools, as well as my professional experience to help ensure Menlo Park continues to make smart zoning and land use decisions that move our community forward would be an honor. It was a priviledge to serve in this capacity between 2008-2016 and doing so again after having learned so much more from other local cities, I believe I could be a strong asset to the council and to city of Menlo Park.

Descr be why you want to serve on th s adv sory body and what you hope to accompl sh as a member
Since serving on the Planning Commission eight years ago, I've continued to learn more about local public policy, issues including widening economic inequality, local and regional economic development, and the region's housing affordability crisis-- all of which are connected. I hope to bring a broad and deep perspective to Menlo Park to help the city with decisions that are informed by my 20+ years of living in Menlo Park and by my experience in business, about the needs of residents, businesses, and the environment. We all need to work together to solve our largest issues so that everyone has a place and opportunity to thrive.

Contact and residency information
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
Complete Streets Commission:

It is my understanding that the Complete Streets Commission’s primary responsibilities are to advise the City Council on Transportation projects and solutions that help advance our stated goals as part of Vision Zero, our Climate Action Plan, and our Transportation Master Plan. The commission also reviews large MP construction projects through the lens of transportation.

I would bring two valuable sets of experiences to the Complete Streets Commission:

First, I rarely drive, and overwhelmingly interact with our transportation systems, routes, lanes and intersections either on my bike or on foot (this includes taking my kids to school every day, to the farmers market, the pool, the library, playgrounds and more). I therefore will bring a nondriver’s perspective to the Complete Streets Commission, helping us move MP beyond the car-centric development philosophies that have guided the cityscape in the past.

Second, I have lived in 4 different countries, including Hong Kong, Spain, and the Netherlands in addition to both Northern and Southern California. I have seen how different communities, in urban, rural, and suburban settings can develop transportation priorities that benefit the entire community and incrementally work toward a better transportation system that functions cohesively across different modes of transport.

Planning Commission:

It's my understanding that the Planning Commission of Menlo Park's primary responsibilities are to review development proposals and permits and make decisions regarding the approval or denial of said development. The commission also works closely with the City Council and can recommend changes or improvements to our city's zoning, permits, and overall development process.

I am an amateur urban-planning enthusiast, having read much literature and papers on urban planning. I have lived in 4 different countries, including Hong Kong and the Netherlands, but have lived in California for the last 20 years and the Bay Area for the last 10. I feel that the diverse set of environments in which I've lived gives me a good understanding of the pros & cons of those urban environments.

My economics background gives me a good basis point for which to evaluate various city proposals and try to identify what type of ROI (either monetary or otherwise) we as a community might get out of any given project.

Descr be why you want to serve on th s adv sory body and what you hope to accompl sh as a member
Complete Streets Commission:

I feel strongly that the social fabric of a community is driven by how people get around. There is a stark difference between a community where people are isolated in their own single-occupancy vehicles, and Page G-1.85
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one where people are able to get around walking, biking, scootering, and using public transportation. Where people are able to interact with their neighbors while walking to get a morning coffee, instead of idling their cars in the Starbucks drive-through line.

What I would hope to accomplish on the Complete Streets Commission includes changes both to the culture, and to specific transportation options. At a cultural level, I’d love to remind members of our community that so many issues around transportation, traffic, and parking, are purely a result of our over-reliance on cars, and can be solved by improving our other methods of transportation. I’d love to move to a world where the conversation about multi-modal infrastructure isn’t “drivers versus everyone else,” but rather recognizes that better bus lanes, bike lanes, and improved walkability also benefit drivers by reducing traffic. I’d also love to help the city establish a framework for approving transportation projects that includes the full picture of cost savings (both direct and secondary) resulting from reduced car traffic.

Regarding specific changes I’d hope to accomplish: I’d love to capitalize on the current momentum of establishing proper bike-lanes on Middle Avenue and fully realize a complete Safe Routes to School program where we can actually have safe routes to all the Menlo Park schools that kids would be able to bike on safely without fears of injury from cars. I’d love to establish prioritized bus lanes on certain roads as well as transit signal priority, so buses wouldn’t ever need to be stuck in traffic. I’d also want to add much more bike parking (including for cargo bikes) around the city so that nobody would ever be discouraged from biking to their destination, for fear that they wouldn’t have anyplace safe to park their bikes.

That said, while I believe that deprioritizing cars in Menlo Park will absolutely help us achieve almost all of our stated goals around climate, equity, and vision zero, I also recognize that this isn’t going to happen overnight. I am an incrementalist and understand that anything with government and infrastructure will take time to implement. I would be delighted if my membership on the Complete Streets commission can start to steer the city’s priorities and projects in the right direction.

Planning Commission:

I would love to serve on the Planning Commission and be a voice in the growth and development of Menlo Park. I would say that my overall philosophy for City Planning is one of pro- smart-development. I absolutely love the cute neighborhoods of Menlo Park and how friendly everyone is while I'm going for a walk or riding my bike around town.

That being said, I recognize that there's a desperate housing shortage in California and the Bay Area and would want to be part of the solution to allow that housing to be developed in Menlo Park. I'm a strong proponent of blurring the lines (although not entirely) between residential and commercial areas in towns and feel that it's important Page G-1.86
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Bus ness address
Number of years as a Menlo Park res dent 27
Current C ty Counc l d str ct District 3
How d d you hear about th s opportun ty (check all that apply) City website If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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Current C ty Counc l d str ct District 5
How d d you hear about th s opportun ty (check all that apply) Email If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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Descr be your understand ng of the respons b l t es of the adv sory body that you are apply ng for and how your personal commun ty or profess onal exper ence relate to these respons b l t es
From November 2019 - January 2021, I was the City Data Lead for the City of San Jose, working in the City Manager's Office. During that time, I also served as the Deputy Director for San Jose's Emergency Operations Center in charge of coordinating the response to COVID-19 for the entire city. This role required not only coordinating with Santa Clara County on the public health response, but also managing the response to all the downstream repercussions of the pandemic: food insecurity, housing insecurity, economic development, homelessness, renters policy, functioning of parks during the pandemic, and more.

As the person at the City entrusted to help use data to address these challenges, my job was to help bring quantitative rigor to decision making, program design, and policy. However, data without clear goals in mind is not all that useful. The job of City staff was to recommend and design the best way to address problems based on the priorities defined by the City Council and the community, and I could best use data to help them if City Council and the community could readily clarify the goals that were most important to the City.

As a former City staff member in a council-manager form of government, I deeply value the expertise that City staff bring to problems. My goal as part of an advisory body in Menlo Park would not be to dictate to City staff what or how to do their jobs. Rather, I see advisory bodies as helping to clarify priorities and ask the right questions so that City staff can best develop solutions in line with what matters to the community. Advisory bodies help to make clear the goals of the community so that the expertise of City staff -- and data of course! -- can be brought to bear on those goals.

In my role in San Jose, I really valued when an advisory body or a commission could help set clear direction and ask really good questions. It helped me to use data in a way that aligned most closely with the goals of the community. I hope to serve that function as part of a commission in the city where I live.

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Z p code 94025
Bus ness address
Number of years as a Menlo Park res dent 7
Current C ty Counc l d str ct District 2
How d d you hear about th s opportun ty (check all that apply) Email Other: Conversations with Councilmembers Drew Combs, Jen Wolosin If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: Yes
Bus ness phone: Yes
Home phone: Yes
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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How d d you hear about th s opportun ty (check all that apply) City website If I am appo nted, the C ty s author zed to post the follow ng nformat on on the c ty webs te (please select at least one):

Cellphone: No
Bus ness phone: No
Home phone: No
Ema l: Yes
Application acknowledgement and submittal
I cert fy that the answers g ven here n are true and complete to the best of my knowledge.

I agree
S gnature
Link to signature
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2/8/2023
4/30/2027
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Advisory body Applicant District Advisory body Applicant District Complete Streets Commission Jacqui Cebrian* 1 Library Commission Wendy Carmody 5 Complete Streets Commission Jonathan Coe 4 Library Commission Carol Orton 5 Complete Streets Commission Andrew Ehrich 2 Library Commission Virginia Portillo 1 Complete Streets Commission Wonman Lee 1 Library Commission Jennifer Wise 5 Complete Streets Commission Ross Silverstein 2
Advisory body Applicant District
Advisory body Applicant District Parks and Recreation Commission Andrew Ehrich 2 Environmental Quality Commission Jayanta Dey 1 Parks and Recreation Commission Jessica Gilmartin 3Environmental Quality Commission Brian Kissel 5 Parks and Recreation Commission Wonman Lee 1Environmental Quality Commission Michael Meyer 2 Parks and Recreation Commission Brian Westcott 5 Environmental Quality Commission Eduardo Pelegri-Llopart 2Environmental Quality Commission Susan Prohaska 2Environmental Quality Commission Desta Raines 3 Advisory body Applicant District Environmental Quality Commission Paul Studemeister 5 Planning Commission Andrew Ehrich 2Environmental Quality Commission Brian Westcott 5 Planning Commission Katie Ferrick 2 Planning Commission Ross Silverstein 2Planning Commission Stuart Soffer 3 Advisory body Applicant District Planning Commission Paul Studemeister 5 Finance and Audit Committee Jeff Leroux 2Finance and Audit Committee Matthew Normington 3Finance and Audit Committee Virginia Portillo 1Finance and Audit Committee Carol Wong* 4Advisory body Applicant DistrictHousing Commission Brooke Frewing 2Housing Commission Wonman Lee 1Housing Commission Kathleen O’Connell 4 Housing Commission Virginia Portillo 1
* Incumbant
Table 3: Finance and Audit Committee by District
Table 4: Housing Commission by District
Table 1: Complete Streets Commission by District Table 5: Library Commission by District Table 2: Environmental Quality Commission by District
Table 6: Parks and Recreation Commission by District
Table 7: Planning Commission by District

ATTACHMENT D
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Applicant Last appointment date Expiration date District Applicant Last appointment date Expiration date District Brian Altman 5/25/2021 4/30/2025 4 Ada Chen Rekhi 11/1/2022 4/30/2026 2Katie Behroozi 6/9/2020 4/30/2024 2 Alan Cohen 4/26/2022 4/30/2026 5Jacqueline Cebrian 4/16/2019 4/30/2023 1 David Erhart 4/16/2019 4/30/2023 1 Sally Cole 4/30/2022 4/30/2026 4 Katie Hadrovic 6/9/2020 4/30/2024 2Lizbeth King 5/25/2021 4/30/2025 5 Kristen Leep 4/16/2019 4/30/2023 4 Christopher Kollmann 4/26/2022 4/30/2026 3 Pavneet Singh 9/21/2021 4/30/2024 4 Vamsi Velagapudi 5/25/2021 4/30/2025 4
Applicant Last appointment date Expiration date DistrictLeah Elkins 10/13/2020 4/30/2023 2 Applicant Last appointment date District Angela Evans 5/25/2021 4/30/2025 5 Jennifer Baskin 6/9/2020 4/30/2024 4Tom Kabat 4/26/2022 4/30/2023 2 Aurora Brosnan 6/8/2021 4/30/2025 4Nancy Larocca Hedley 4/26/2022 4/30/2026 4 Marc Bryman 4/16/2019 4/30/2023 3 Jeffrey Lin 4/26/2022 4/30/2024 1 Mayrin Bunyagidj 5/10/2022 4/30/2024 1 John McKenna 11/1/2022 4/30/2024 4 Peter Diepenbrock 10/15/2019 4/30/2023 4 Jeff Schmidt 4/26/2022 4/26/2023 3 Peter Joshua 5/25/2021 4/30/2025 2 Kelsey Theriault 4/26/2022 4/30/2026 1
Applicant Last appointment date Expiration date DistrictMichael DeMoss 5/10/2022 4/30/2024 5 Applicant Last appointment date District Susannah Hill 5/10/2022 4/30/2024 3 Andrew Barnes 6/9/2020 4/30/2024 2Matt Normington 5/25/2021 4/30/2023 3 Linh Dan Do 4/26/2022 4/30/2026 3Brian Westcott 5/25/2024 4/30/2023 5 Cynthia Harris 5/25/2021 4/30/2025 3Carol Wong 5/25/2024 4/30/2023 4 Henry Riggs 6/9/2020 4/30/2024 2 Jennifer Schindler 11/1/2022 4/30/2026 5
Michele Tate 4/16/2019 4/30/2023 1
Applicant Last appointment date Expiration date DistrictLauren Bigelow 4/16/2019 4/30/2023 5 Jackelyn Campos 4/26/2022 4/30/2026 1
Heather Leitch 5/25/2021 4/30/2025 2Nevada Merriman 5/25/2021 4/30/2025 2Chelsea Nguyen 5/25/2021 4/30/2025 3John Pimentel 6/9/2020 4/30/2024 3Adriana Walker 4/26/2022 4/30/2025 1Expiring 2023Expiring 2023 and terming out Table 4: Housing Commission by District
Table 7: Planning Commission by District
Table 1: Complete Streets Commission by District Table 5: Library Commission by District Table 6: Parks and Recreation Commission by district
Table 2: Environmental Quality Commission by District
Table 3: Finance and Audit Committee by District

ATTACHMENT E
Page G-1.108

CONSIDER APPLICANTS AND MAKE APPOINTMENTS TO
FILL VACANCIES ON VARIOUS ADVISORY BODIESJudi A. Herren, City Clerk G1-PRESENTATION
 Complete Streets Commission term length
– Regular through April 2027– Unexpired through April 2024  Finance and Audit Committee incumbent
– Mathew Normington
 Applications received after April 7 deadlineUPDATES
2 3

STAFF RECOMMENDATION
Advisory body Vacancies Term length No. of applicantsComplete Streets Commission 2 April 30, 2024 (regular) April 30, 2027 (unexpired) 5 Environmental Quality Commission 2 April 30, 2027 8Finance and Audit Committee 5 April 30, 2025 4Housing Commission 1 April 30, 2027 4Library Commission 2 April 30, 2027 4Parks and Recreation Commission 2 April 30, 2027 4Planning Commission 2 April 30, 2027 5 4 FINANCE AND AUDIT COMMITTEE (FAC) OPTIONS
Option Action Result1. Appoint FAC applicants and select an applicant from the current pool of applicants that applied to another advisory body. -Appoint one or all applicants from FAC and all advisory body pools
Seven member
body

2. Direct staff to update City Council Policy CC-23-004 changing the FAC composition from seven to five members and appoint three applicants to the FAC -Appoint three applicants-Direct update of policy CC-23-004 Five member
body

3. Appoint current applicant(s) to the FAC and extend the FACrecruitment period for two weeks. -Appoint one or all applicants-Extend FAC recruitment 2-weeks Potential seven
member body

4. Refrain from appointing applicant(s) to the FAC, extend the FAC recruitment period for two weeks, and request the expiring members to continue serving on the FAC until appointments are made. -No appointments tonight-Extend FAC recruitment 2-weeks-Request three expiring members to continue serving Potential seven
member body

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: 4/25/2023
Staff Report Number: 23-097-CC
Study Session: Provide direction on the Caltrain quiet zone study Recommendation
Staff requests direction from the City Council on the next steps of the Caltrain quiet zone study, including:
• Confirmation that staff should actively pursue a service agreement with Caltrain to advance final design of the grade crossing upgrades.
• Feedback on whether the City should pursue four quadrant gates at two crossings (Ravenswood Avenue and Oak Grove Avenue) to implement a quiet zone more quickly or pursue all four crossings at the same time.
• Direction to develop a letter from the Mayor to the California High Speed Rail (CAHSR) Authority to seek a commitment to reimburse the City for the installation of four quadrant gates. • Direction to pursue additional left-turn restrictions from Oak Grove Avenue to Merrill Street and Garwood Way to reduce stopping on the railroad tracks.

Policy Issues
The City Council identified the Caltrain quiet zone implementation plan (Project) as a high priority project in their 2021 work plan. The quiet zone project is included in the five-year capital improvement program.

Background
The City of Menlo Park currently has four at-grade crossings with Caltrain:
• Ravenswood Avenue
• Oak Grove Avenue
• Glenwood Avenue
• Encinal Avenue
In addition, there is a pedestrian crossing located approximately 250 feet north of the Ravenswood crossing at the Menlo Park Caltrain Station. Attachment A provides a map of at grade crossings in the City, as well as the crossings immediately to the south (Palo Alto Avenue in Palo Alto) and north (Watkins Avenue in Atherton).

The Federal Railroad Administration (FRA) requires all passenger and freight trains to activate their horns four times: two long blasts, one short blast, then one long blast beginning one-quarter mile before each crossing. The purpose of these blasts is to warn people of the train approaching the crossings. FRA has a process to establish a quiet zone that eliminates the horn requirements, but railroad engineers may still blow train horns when they perceive safety concerns. There is currently no existing railroad quiet zone within the City of Menlo Park.

AGENDA ITEM H-1 Page H-1.1
Staff Report #: 23-097-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Since only one-fifth of a mile separates each of Menlo Park’s rail crossings, the horn blast sequences are repeated continuously, resulting in as many as 16 total blasts per passing train over the short span of 1.12 miles, depending on whether trains are stopping in Menlo Park. In practical terms, this can manifest as nearly continuous horn blasts with the maximum volume level for the train horn up to 110 decibels.

On July 12, 2022, the City Council approved a scope of work with Kimley-Horn and Associates (KHA) to conduct the Caltrain quiet zone study. This study included the crossings in Menlo Park, as well as Palo Alto Avenue, through a partnership with the City of Palo Alto.

Since that time, staff have been working with KHA to:
• Conduct background analysis and provide information about the process to establish a quiet zone • Develop improvement concepts for the at grade crossings • Conduct a site visit with representatives of the City, Caltrain, the California Public Utility Commission (CPUC) and the FRA
• Conduct an in person and virtual public outreach meeting In addition to this work on the quiet zone study, Dec. 7, 2021, the City Council approved left turn restrictions from Garwood Way and Merrill Street onto Oak Grove Avenue to address potential conflicts around the railroad tracks as the new Springline development opens. Since that time, staff has observed occasional vehicle backups onto the railroad tracks from vehicles turning left from Oak Grove Avenue onto Merrill Street and have incorporated that concern in the improvements identified for the quiet zone study.

Analysis
FRA establishes several methods to reduce train horn noise that range from installation of quad gates (railroad gates that protect both sides of each crossing) to installing ‘wayside horns’ that reduce the number of people impacted, to conducting a risk analysis using an FRA designated approach. For the risk-based approach, a quiet zone can be established if the risk score within a quiet zone falls below a threshold set by FRA.

FRA requires that any crossings within a quarter mile of each other must be included in a single quiet zone.

As a result, all of Menlo Park’s crossings would need to be included in a single quiet zone, though Palo Alto Avenue to the south and Watkins Avenue to the north do not need to be included. Notably, Caltrain and Atherton are in the process of establishing a quiet zone at Watkins Avenue as an outcome of the closure of the Atherton Caltrain station. This would extend the existing quiet zone at Fair Oaks Avenue, the only current quiet zone on the Caltrain corridor.

Quiet zone implementation options
For Menlo Park, the most straightforward method to implement a quiet zone is to install supplementary safety measures (SSM) at each crossing. SSMs include medians, converting the crossing street to one way, closing the crossing and installing four quadrant gates. Only one SSM is required at each crossing.

For Menlo Park, the only feasible SSM available is to install four quadrant gates. The presence of cross streets adjacent to the tracks (Alma Street, Merrill Street, Garwood Way) mean that medians are not sufficient. Closing or converting streets to one-way also does not appear feasible without further, extensive study and outreach. Four quadrant gates have exit gates in addition to entrance gates, eliminating the ability for wrong-way driving. These gates include sensors to detect vehicles to make sure they are not trapped on the tracks. Installing SSMs at all four crossings would meet the FRA’s requirements for a quiet zone.

Attachment B identifies the specific upgrades at each of the four at grade crossings in Menlo Park.

Page H-1.2
Staff Report #: 23-097-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov A second option for the City is to install four quadrant gates at two crossings – Ravenswood and Oak Grove Avenues. FRA considers the average risk of all crossings in the proposed quiet zone, not the individual risk at each crossing. The City’s crossings with the highest risk scores are at Ravenswood Avenue and Oak Grove Avenue. Installing four quadrant gates at Ravenswood Avenue and Oak Grove Avenue would reduce the average FRA risk score for the four crossings below the level today with the use of horns, allowing the City to qualify for a quiet zone under current regulations.

Staff are seeking feedback from the City Council about whether to pursue four quadrant gates all four crossings or to first pursue them at just Ravenswood Avenue and Oak Grove Avenue as a way to implement a quiet zone more quickly.

Oak Grove Avenue turn restrictions
To address the concerns on Oak Grove Avenue near the Caltrain tracks, staff worked with KHA to include additional left turn restrictions from Oak Grove Avenue onto Merrill Street and Garwood Way. This would be achieved by extending the existing centerline median between the railroad tracks and Merrill Street. The Oak Grove Avenue exhibit in Attachment B includes an image of the existing centerline median near the tracks that would be extended.

Staff are seeking feedback from the City Council on the median extension. If the City Council is supportive of the median extension, staff would conduct additional outreach with the businesses along Merrill Street and at the new Springline development and would return to City Council in the fall to authorize construction of the median extension, which would be constructed in advance of the four quadrant gates.

Palo Alto Avenue
The City partnered with the City of Palo Alto on this study to include the evaluation of Palo Alto Avenue given the proximity to the Menlo Park border. At that location, upgrading the existing median qualifies as an SSM, providing a relatively straightforward path for Palo Alto to pursue a quiet zone at that location.

Because that location is more than a quarter mile from Ravenswood Avenue, it does not need to be included in the City’s quiet zone.

Public outreach
On March 18, the City Council held a goals/priority setting workshop. In advance of that meeting, the City Council solicited feedback from residents about priorities. Of the responses provided in advance of the workshop, about 40% noted establishing a quiet zone as a priority.

On March 23, staff worked with KHA and the City of Palo Alto to conduct a hybrid public outreach meeting in person at the Arrillaga Family Recreation Center and virtually. The public outreach meeting included a presentation about the process of establishing a quiet zone and preliminary engineering designs for the investments needed at each crossing. Materials and a recording of the outreach meeting is available on the City’s website (hyperlink provided as Attachment C).

Participants in the public meeting were very supportive of moving as quickly as possible to establish a quiet zone in Menlo Park, including advancing just two crossings at Ravenswood Avenue and Oak Grove Avenue if that enabled the City to establish a quiet zone more quickly. Participants asked a number of questions about the process, funding, other cities’ experience with quiet zones, and related questions.

Cost and funding
The cost to install quad gates is approximately $2.0 million per crossing (Table 1). This cost includes the installation of exit gates, some curb and sidewalk adjustments, as well as the replacement of the existing combined vehicle and pedestrian entrance gates. The CPUC no longer allows railroads to use combined Page H-1.3
Staff Report #: 23-097-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov vehicle and pedestrian entrance gates due to safety issues with the combined gates. Instead, the vehicle gates and pedestrian gates must each be on separate devices. Except at Ravenswood Avenue, all of the current vehicle gates at the crossings in Menlo Park have both vehicle and pedestrian gates. Caltrain has made a commitment to CPUC to replace these gates over time, but does not have a schedule for their replacement.

If the City pursues four quadrant gates at all four crossings, the construction cost is estimated at $8.5 million. If the City pursues just Ravenswood Avenue and Oak Grove Avenue, the total cost is estimated at $4.0 million.

Table 1: : Cost estimate for four quadrant gates
Crossing/scenario Cost
estimate
Ravenswood Avenue $1,900,000
Oak Grove Avenue $2,100,000
Glenwood Avenue $2,100,000
Encinal Avenue $2,100,000
Risk method – Ravenswood + Oak Grove $4,000,000
SSM method – all four crossings $8,500,000
As part of the environmental impact report for the San Francisco to San Jose segment of California High Speed Rail (HSR), the CAHSR Authority is committed to installing four quadrant gates at all at grade crossings along Caltrain. When HSR is implemented on the Caltrain corridor, the maximum train speed will increase to 110 miles per hour, requiring a “sealed corridor,” meaning that every crossing must have one of following: four quadrant gates, grade separation or closure.

Currently, the CAHSR does not have funding allocated to work on the Caltrain corridor beyond the contribution made to electrify the corridor. CAHSR staff have been asked in public forums if cities could be repaid if they install four quadrant gates in advance of HSR project implementation and have expressed a willingness to have further conversations. Staff is seeking direction from the City Council on potentially advancing a letter from the Mayor to the CAHSR requesting a commitment to reimburse the City for the cost to install four quadrant gates.

Other funding sources that might be available to fund construction of the project include the Federal Section 130 program, which funds projects that eliminate hazards at existing at grade railroad crossings. In California, this program provides approximately $16 million to fund projects statewide. Other Federal and State funding programs could also provide opportunities. Finally, the City could pursue additional local funding, such as an assessment district, to help fund the quiet zone improvements.

Complete streets commission review
On April 17, staff presented an update on the quiet zone study to the Complete Streets Commission (CSC).

Staff received the following public input at that meeting:
• Adrian Brandt encouraged the City to pursue implementation of the quiet zone at two crossings and to coordinate with CAHSR to seek funding for the project
• Maria Amundson voiced support for pursuing improvements at two crossings to advance a quiet zone more quickly
Page H-1.4
Staff Report #: 23-097-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov • Ezio Alviti spoke about how the train noise makes it difficult for him, as a blind person, to hear other noises in the environment, such as vehicles exiting driveways near the train station The CSC supported working on an agreement with Caltrain to advance the quiet zone into final design, extending the median on Oak Grove Avenue to limit left turns onto Merrill Street and Garwood Way, and advancing four quadrant gates at Ravenswood Avenue and Oak Grove Avenue first if that meant implementing a quiet zone more quickly.

Next steps/implementation
The next step in establishing a quiet zone is to pursue an agreement with Caltrain to complete final design and environmental review for the crossing upgrades. Staff have begun the process to request a service agreement with Caltrain, which would be brought to City Council for approval when ready. Establishing a service agreement will take several months, followed by approximately a year to complete final design.

For the service agreement, staff is seeking City Council direction on whether to include design at all four crossings or just for Ravenswood Avenue and Oak Grove Avenue. Staff recommends pursuing design at all four crossings, recognizing that the City could implement the four quadrant gates at two crossings first, to the extent resources will be an issue.

Staff will continue to research and pursue potential grant funding opportunities. Long term implementation of the quiet zone is likely to take several years to find funding to implement the needed improvements.

Impact on City Resources
This study does not include an action that has an impact on City resources. Staff anticipate that final design will cost between $750,000 and $1,000,000 for all four gates and between $350,000 and $500,000 to design gates at just Ravenswood Avenue and Oak Grove Avenue. The Caltrain quiet zone capital improvement plan (CIP) project has approximately $300,000 remaining in the budget, including the supplemental funding provided by the Springline development in 2022. Staff anticipates including a request for funding for design in the five-year capital improvement program as part of the upcoming annual budget for City Council consideration.

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. Staff expects that Caltrain would be the lead agency for environmental review as part of the next phase of the project.

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. Map of at grade rail crossings
B. Proposed Caltrain gate improvements
C. Hyperlink - Public meeting materials: menlopark.gov/quietzone Page H-1.5
Staff Report #: 23-097-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Report prepared by:

Hugh Louch, Assistant Public Works Director – Transportation Page H-1.6
Caltrain Crossings with 1/4 Mile Buffer
At Grade Caltrain Crossings
1/4 Mile Buffer
Railroad
City Limits 0 500 1,000
Feet
ATTACHMENT A Page H-1.7
NORTH

ENCINAL AVE AT-GRADE CROSSING

ATTACHMENT B
Page H-1.8
NORTH

GLENWOOD AVE AT-GRADE CROSSING
Page H-1.9
NORTH

OAKGROVE AVE AT-GRADE CROSSING
Page H-1.10
NORTH

RAVENSWOOD AVE AT-GRADE CROSSING

BULB OUT AND MEDIANS TO BECONSTRUCTED AS PART OF ONGOINGRESURFACING PROJECT Page H-1.11
Quiet Zone Study
City of Menlo Park / City of Palo Alto
H1-PRESENTATION

1. Quiet zone basics

2. Quiet zone process3. Study area4. Proposed safety improvements5. Next steps Overview
• Railroads are regulated by the Federal
Railroad Administration (FRA)
• Train horns are required by the FRA• Decibel level requirements for horns• Advance notice (20 seconds) Why do trains sound their horns?
• A Quiet Zone exists where a train horn does
not need to sound
• The crossings need to be upgraded to be
safer without horns than they are in current state with horns. • Achieved via:
• Supplemental Safety Measures (SSM) at
every crossing; or
• Proposed design’s Quiet Zone Risk Index
(QZRI) qualifying for Quiet Zone
What is a Quiet Zone?
Most crossings, as they exist today,
would not meet the safety
thresholds to implement a Quiet
Zone.

Quiet Zone Study
The Process
• Agency Coordination• Conceptual Design / Safety Analysis • Public Outreach
• Final Report
PHASE I Study (CURRENT)
• Permitting (CPUC, Caltrain)• Final Design• Funding• Construction• FRA Certification PHASE II Implementation (FUTURE)
The Menlo Park / Palo Alto Quiet Zone Study Area
Menlo Park Study Area• Encinal Ave• Glenwood Ave• Oak Grove Ave• Menlo Park Station (pedestrian crossing)
• Ravenswood AvePalo Alto Study Area• Palo Alto Ave
• Four-quadrant gates

DESIGN FOCUS AREAS
Safety
Improvements
Image: https://hsr.ca.gov/about/safety/quadgates/
Ravenswood Ave
• Four-quadrant
gates
• Sidewalk
realignment
• Refreshed striping
and signage
Oak Grove Ave
• Four-quadrant
gates
• Sidewalk
realignment
• Refreshed striping
and signage
• Extend median
• Permitting (CPUC, Caltrain)
• Final Design • Funding • Construction
FUTURE
Next Steps
Crossing/scenario Cost estimateRavenswood Avenue $1,900,000Oak Grove Avenue $2,100,000Glenwood Avenue $2,100,000Encinal Avenue $2,100,000Risk method – Ravenswood + Oak Grove $4,000,000SSM method – all four crossings $8,200,000 • Pursue a service agreement with Caltrain
to advance final design
• Pursue four quadrant gates at two
crossings to implement a quiet zone morequickly
• Letter to the CAHSR to seek a
commitment to reimburse
• Pursue left-turn restrictions from Oak
Grove Avenue to Merrill Street and Garwood Way

QUIET ZONE STUDY

DIRECTION

FROM COUNCIL
Questions?
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: 4/25/2023
Staff Report Number: 23-099-CC
Regular Business: Update City Councilmembers subcommittee appointments
Recommendation
Staff recommends that the City Council update the appointments to the Community Grant Funding Subcommittee and the Parkline Negotiation Ad Hoc Subcommittee.

Policy Issues
The City Council establishes subcommittees of less than a quorum of the City Councilmembers in order to expedite review and consideration of matters requiring City Council action. Standing subcommittees that have continuing subject matter jurisdiction or a meeting schedule established by the City Council are subject to the Brown Act (see Government Code §54952(b)). Ad hoc subcommittees that are of limited duration and have a defined task are not subject to the Brown Act.

Background
At the March 28, City Council meeting, the City Council made appointments to City Council standing subcommittees and ad hoc subcommittees. At that meeting, City Councilmember Combs was appointed to the Parkline Negotiation Ad Hoc Subcommittee and City Councilmember Doerr was appointed to the Community Grant Funding Subcommittee (Attachment A).

On April 3, City Councilmembers Combs and Doerr requested that they modify appointments on the Community Grant Funding Subcommittee and the Parkline Negotiation Ad Hoc Subcommittee, appointing City Councilmember Combs to the Community Grant Funding Subcommittee and City Councilmember Doerr to the Parkline Negotiation Ad Hoc Subcommittee.

Analysis
The City Council must approve the modification to the appointed members to the Community Grant Funding Subcommittee and the Parkline Negotiation Ad Hoc Subcommittee before it can take effect.

Impact on City Resources
There is no impact on City resources associated with this action outside of any staff assistance required.

AGENDA ITEM I-1 Page I-1.1
Staff Report #: 23-099-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it is a minor change that will not result in any direct or indirect physical change in the environment.

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

Attachments
A. List of current 2023 City Council subcommittee assignments Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page I-1.2
2023 City Council subcommittee assignments
CITY COUNCIL STANDING SUBCOMMITTEE 2023 Primary 2023 Alternate Notes Community Grant Funding Committee Taylor Doerr Meets annually, typically in Nov. or Dec.

ACTIVE CITY COUNCIL AD HOC SUBCOMMITTEES 2023 Member 2023 Member Notes Aquatics Operator Agreement Negotiations Subcommittee (ad hoc committee) Taylor Nash Established on Feb. 28, 2023. Expected to be completed by May 2023
Climate Action Plan Subcommittee Nos. 1-5 Subcommittee (ad hoc committee) Wolosin Nash Established on Dec. 10, 2019 and bifurcated to Nos. 1-5 Dec. 14, 2021
Climate Action Plan Subcommittee No. 6 Subcommittee (ad hoc committee) Taylor Doerr Established on Dec. 14, 2021 ConnectMenlo Community Amenities Subcommittee (ad hoc committee) Nash Taylor Established on Oct. 6, 2020 Menlo Park Community Campus Subcommittee (ad hoc committee) Nash Taylor Established on Dec. 10, 2019 Commonwealth 3 Development Agreement Negotiations Subcommittee (ad hoc committee) Taylor Nash Established on Mar. 28, 2023
Parkline Development Agreement Negotiations Subcommittee (ad hoc committee) Wolosin Combs Established on Mar. 28, 2023 ATTACHMENT A Page I-1.3
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: 4/25/2023
Staff Report Number: 23-096-CC
Consent Calendar: Adopt a resolution certifying compliance with State housing laws to be eligible for One Bay Area Grant
funding for the Middle Avenue Caltrain crossing
project
Recommendation
Staff recommends that the City Council adopt a resolution certifying compliance with State housing laws to be eligible for funding from the third cycle One Bay Area Grant (OBAG-3) program for the Middle Avenue Caltrain crossing project.

Policy Issues
The Middle Avenue pedestrian and bicycle rail crossing project is consistent with policies stated in the 2016 General Plan circulation element, the El Camino Real and Downtown Specific Plan, and is included in the City’s capital improvement program (CIP). 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.

Background
On June 28, 2022, the City Council authorized staff to pursue a grant from the OBAG-3 program for the Middle Avenue Caltrain crossing project. This grant program is managed by the Metropolitan Transportation Commission (MTC), the federally certified metropolitan planning organization for the nine county Bay Area.

The OBAG-3 program includes several requirements, such as:
• Location within a priority development area (PDA). Within Menlo Park, the only adopted PDA is the El Camino Real and Downtown Specific Plan area.
• Adoption of a local road safety plan by the end of 2023. The City is currently engaged in this effort, with plan adoption expected by the end of the year.
• Adoption of a resolution certifying compliance with State housing laws.

Staff requested the maximum award of $5 million from the OBAG-3 program. The City/County Association of Governments (C/CAG) Board identified priority projects for San Mateo County, including the Middle Avenue Caltrain crossing project, September 15, 2022 and MTC allocated the funding January 11.

Analysis
The resolution (Attachment A) certifies that the City is in compliance with relevant State housing laws, including:
• Compliance with the Surplus Land Act, including developing an annual inventory of surplus land AGENDA ITEM I-2 Page I-2.1
Staff Report #: 23-096-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Compliance with State laws for accessory dwelling units (ADU) • Compliance with the State Density Bonus Law
• Reporting on any claims, actions, suits, or proceedings against the City related to violations of state housing laws, of which there are currently none to the best knowledge of the City Impact on City Resources
If the City Council does not adopt the resolution certifying compliance, the City will not be eligible to receive the $5 million in OBAG-3 funds for the Middle Avenue Caltrain crossing project. Without these funds, the project funding plan and delivery timeline would be in jeopardy.

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. The undercrossing project has previously received necessary environmental approvals.

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:

Hugh Louch, Assistant Public Works Director – Transportation Page I-2.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

CERTIFYING COMPLIANCE WITH STATE HOUSING LAWS TO BE ELIGIBLE

FOR ONE BAY AREA GRANT PROGRAM FUNDING FOR MIDDLE AVENUE

PEDESTRIAN AND BICYCLE UNDERCROSSING PROJECT
WHEREAS, the San Francisco region has the highest housing costs in the United States; and WHEREAS, the Bay Area produced less than 30 percent of the need for low- and moderateincome housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and
WHEREAS, Menlo Park has exceeded its lower-income and above moderate regional housing needs allocation (RHNA) for the 2015-2023 period; and
WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG-3), including certain requirements to access these funds; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Menlo Park does hereby make the following findings:

1. That the City of Menlo Park agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and

2. That the City of Menlo Park agrees to comply with state laws related to ADUs and JADUs, as exists now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12; and

3. That the City of Menlo Park agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq.), as exists now or may be amended in the future; and

4. That the City of Menlo Park warrants and represents that is in compliance with the aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending to the best of the City of Menlo Park’s knowledge, alleging violations of the state housing laws by the City of Menlo Park.

Page I-2.3 ATTACHMENT A
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 twenty-fifth day of April, 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 April, 2023.

Judi A. Herren, City Clerk
Page I-2.4
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: 4/25/2023
Staff Report Number: 23-095-CC
Consent Calendar: Authorize the city manager to execute an amendment to the Belle Haven School Joint Use
Agreement
Recommendation
City staff recommends that the City Council authorize the city manager to execute an amendment to the Belle Haven School Joint Use Agreement with the Ravenswood City School District that would suspend the City’s cost-sharing obligations for maintaining and irrigating the school’s soccer field, baseball diamond, and tennis court during construction of school facility improvements (Attachment A).

Policy Issues
City Council sets policy and goals and provides direction to staff regarding municipal projects and services to the Menlo Park community; and authorizes joint-use agreements between the City and external agencies.

Background
Ravenswood City School District (District) and City of Menlo Park (City), are parties to the Belle Haven School Joint Use Agreement dated Dec. 11, 2001, regarding joint use and maintenance of Belle Haven School recreational facilities at 415 Ivy Drive in Menlo Park (Attachment B).

District voters June 7, 2022, approved Measure I, authorizing the District to issue up to $110 million in bonds to replace aging portables with permanent classrooms; upgrade safety, technology, and energy efficiency in District facilities; and provide the local match for State facilities funds.

City Council April 4, received an informational update about District’s proposed redesign of the Belle Haven School, including a proposed configuration of portable classrooms on the soccer field, baseball diamond, and tennis court area during project construction (Attachment C).

Analysis
The District plans to begin construction on improvements to Belle Haven School (“Project”) in summer 2023, and expects to complete the core classroom construction in approximately 18 months, with the fields following shortly afterward. In order to finish construction quickly and with minimum community impact, the District plans to temporarily place portable classrooms on the soccer field, baseball diamond and tennis court (“Field Area”) starting May 31, and then remove the portable classrooms when Project is completed.

Because public access to the Field Area will be infeasible during Project due to the temporary presence of portable classrooms, City staff and District staff recommend amending the joint use agreement to suspend the provisions related to the City’s obligations for maintaining and irrigating those areas.

AGENDA ITEM I-3 Page I-3.1
Staff Report #: 23-095-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The proposed amendment (Attachment A) would suspend for the duration of Project the City’s obligations to contribute 50% of the costs associated with providing water for irrigation to the Field Area, and to provide regularly scheduled maintenance of the Field Area at the City’s sole expense. The proposed amendment would not affect the “Play Area/Tot Lot,” which is located at the corner of Ivy Drive and Chilco Street and will remain available for joint use and public access during Project, and for which the City would continue to provide regularly scheduled maintenance at the City’s sole expense, per the joint use agreement terms.

District staff is planning to request board of education authorization to execute the proposed joint use agreement amendment at its regularly scheduled meeting April 27.

The joint use agreement’s current term is for 25 years, ending the last day of calendar year 2026, then automatically extending from calendar year to calendar year thereafter unless one of the parties gives notice of termination by Dec. 31 of any year, at which point the agreement would terminate at the end of the following calendar year. City staff and District staff anticipate developing a new joint use agreement around the time that Project is expected to be completed, to include any new considerations related to the redesigned Field Area.

The District has created an online survey to gather community feedback related to options for redesigning the Field Area, which is still in the conceptual design phase. The survey is currently accepting responses and the District plans to share the results in May (Attachment D).

Impact on City Resources
The proposed joint use agreement amendment would result in approximately $27,500 cost savings to the City’s general fund in fiscal year 2023-24. The City’s 50% contribution toward the irrigation costs are approximately $2,500 per year. The City’s costs to maintain the Field Area are approximately $25,000 per year, including the costs for maintenance staff to routinely remove litter, test irrigation, mow the field, and manually remove weeds from the baseball diamond without the use of herbicides; and to annually aerate, reseed, fertilize and apply organic top dressing to the field.

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. Amendment
B. Joint use agreement
C. Hyperlink – April 4, 2023, City Council agenda: menlopark.gov/files/sharedassets/public/agendas-andminutes/city-council/2023-meetings/agendas/20230404-city-council-agenda-packet.pdf#page=163 D. Hyperlink – Ravenswood City School District community survey:
docs.google.com/forms/d/e/1FAIpQLSel911-
Page I-3.2
Staff Report #: 23-095-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov wCDAylrEtSm6913dOFzR3MfEISegQ0QSnmTaMfiuaQ/viewform
Report prepared by:

Sean S. Reinhart, Library and Community Services Director Page I-3.3

AMENDMENT TO BELLE HAVEN SCHOOL JOINT USE AGREEMENT

BETWEEN RAVENSWOOD CITY SCHOOL DISTRICT

AND CITY OF MENLO PARK

RECITALS
WHEREAS, Ravenswood City School District (“District”) and City of Menlo Park (“City”), referred to herein collectively as “Parties,” desire to amend the existing Belle Haven School Joint Use Agreement (“JUA”) dated December 11, 2001 regarding joint use and maintenance of Belle Haven School recreational facilities at 415 Ivy Drive in Menlo Park, California; and,
WHEREAS, District plans to begin construction on improvements to Belle Haven School (“Project”) in summer 2023 and expects to complete the core classroom construction in approximately 18 months, with the fields following shortly afterwards; and WHEREAS, to finish construction quickly and with minimum community impact, the District plans to temporarily place classrooms on the soccer field, baseball diamond, and tennis court starting May 31, 2023, and remove the classrooms when Project is completed; and,
WHEREAS, Public access to the soccer field, baseball diamond, and tennis court will be infeasible during Project due to the temporary placement of classrooms; and, WHEREAS, Parties desire to retain public access to the area known as the Play Area/Tot Lot without interruption during Project;
NOW, THEREFORE, the Parties amend JUA as follows:

1. Section 2 is suspended until Project is completed, excepting those portions related to the area referred to as the “Play Area/Tot Lot,” which shall remain available for joint use by both the District and the City at all times.

2. Section 3 is suspended until Project is completed, excepting those portions related to the area referred to as the Play Area/Tot Lot. The City shall, at its sole expense, continue to provide regularly scheduled maintenance of the Play Area/Tot Lot, and keep the same in good order, condition and repair, reasonable wear and tear excepted.

3. Except to the extent expressly modified by this Amendment, the terms of the JUA shall remain effective without impairment or modification.

ATTACHMENT A Page I-3.4
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands:

CITY OF MENLO PARK

Justin Murphy Date
City Manager, City of Menlo Park

RAVENSWOOD CITY SCHOOL DISTRICT

Gina Sudaria Date
Superintendent of Schools
Attachment: Belle Haven School Joint Use Agreement (2001) Page I-3.5

BELLE HAVEN SCHOOL

JOINT USE AGREEMENT
THIS AGREEMENT made and entered into this 11 th day of December , 2001, by and between the Ravenswood School District ("District"), the City of Menlo Park ("City") and the Community Development Agency of the City of Menlo Park ("CDA'') upon the following terms and conditions:

RECITALS
WHEREAS, Section 10902 of the California Education Code authorizes public agencies to enter into agreements for the purpose of organizing, promoting and conducting programs of community recreation; and WHEREAS, Section 10910 of the California Education Code provides that the governing body of any school district may use or grant the use of any of the buildings or grounds of the school district to any other public authority for the organizing, promoting and conducting of community recreation; and WHEREAS, the governing bodies of the above-named public authorities have jurisdiction over the same territory, which includes the authority to organize, promote and conduct community recreation programs; and
WHEREAS, it is to the advantage of the City for the City to use the District facilities and to the advantage of the District for the City to maintain District facilities; and
WHEREAS, the District and the City promote the joint use of recreation facilities; and
WHEREAS, the District and the City agree to work together to look for other opportunities to partner in the promotion of maximizing recreational programs for the benefit of the community; and
1 ATTACHMENT B Page I-3.6
WHEREAS, at the Belle Haven School ("Site") there currently exists improvements, as more particularly shown in Exhibit A, hereto ("Existing Improvements"); and
WHEREAS the parties desire to upgrade the Existing Improvements and other portions of the Site by removing the existing baseball field and building a tennis court in its place, laying new sod, installing a new irrigation system for the new sod, constructing a new baseball field soccer field, a learning garden with outdoor classrooms, a play area, relocating three (3) basketball courts, and doing landscaping improvements throughout the Site, all as more particularly shown in Exhibit B, hereto ("Future Improvements"); and WHEREAS, CDA has agreed to pay for the Future Improvements, as more particularly set forth below; and
WHEREAS, the City warrants that the CDA has the authority to and the City warrants that the CDA will carry out its obligations under this Agreement; and
WHEREAS, the parties agree and the District therefore determines that this Agreement will not interfere with the educational program or activities of any school or class conducted upon the real property or in any building subject to this Agreement; and
WHEREAS, the parties to this Agreement agree to take all reasonable precautions to prevent disruption to the community and safety risks to children in connection with this Agreement and the District therefore determines that this Agreement will neither unduly disrupt the residents in the surrounding neighborhood nor jeopardize the safety of the children of the school district. 2 Page I-3.7
I ', .

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. FUTURE IMPROVEMENTS. Contingent upon Board of the CDA approving a contract for construction, the CDA shall construct the Future Improvements at the Site as generally shown on attached Exhibit B, at the cost and expense of the CDA.

1.1 The CDA shall pay up to One Million Five Hundred Thousand Dollars ($1,500,000.00) toward the construction of the Future Improvements, which shall include all soft costs including, but not limited to costs for project management, professional services, construction permits, etc.

1.2 The City and/or the CDA shall have the sole control of the construction of the Future Improvements, including, but not limited to, the bidding process, the negotiation and award of related contracts, and the supervision of contracted work. The CDA shall indemnify and hold the District harmless from any liability and injury to any person or property that arises during construction of the Future Improvements, including, but not limited to, any and all construction claims associated with the construction of the Future Improvements (e.g., contractor claims, overrun costs, etc.).

1.3 All construction work contemplated in connection with this Agreement shall be completed in compliance with all applicable City, County, State, and Federal laws, rules and regulations, for which compliance the CDA is solely responsible.

1.4 CDA shall use its best efforts to obtain bids, commence construction, and complete the Future Improvements within a reasonable period of time. During construction, the CDA may make changes to the Future Improvements at its sole discretion, subject to consultation with the District, in order to meet budgetary concerns, so long as said changes total an amount less than or equal to the cost of fifteen (15) percent of the cost of the Future Improvements. If any proposed changes are substantial, i.e., if 3 Page I-3.8
they total an amount greater than fifteen (15) percent of the cost of the Future Improvements, the CDA may make such changes only if the District agrees to the changes in writing. It is the intent of the District and the CDA to relocate the basketball courts, lay the sod and the new irrigation system for the baseball field and soccer field and construct the tennis court and tot lot prior to the other future improvements in order to meet the budget.

1.5 The CDA may construct the Future Improvements while school is in session. If work is constructed while school is in session, the construction shall be phased in order to reduce any inconvenience and avoid any danger to the Site. Upon completion of all the Future Improvements contemplated by this Agreement, such Future Improvements as so constructed shall become and remain the property of the District free of any claim thereon by the City and the CDA, except as hereinafter provided.
2 . USE. The City and District shall have joint use of the tennis court, baseball field, soccer field and tot lot which shall be fenced and referred to as the "Use Area", and in connection therewith, the parties agree that the Use Area shall be used as follows:

2.1 Use Area: Exclusive Use. The District shall have exclusive control of the Use Area (excluding the tot lot) during "Normal School Hours," which are currently Mondays through Fridays from 8:00 a.m. to 3:30 p.m. The District will notify the City one year in advance of any change in the Normal School Hours during the course of this Agreement. The City shall have exclusive control of the Use Area for scheduled league events during the weekends, holidays and after normal school hours, and any other times during which school is not in session.

2.2 Use Area: Joint Use. The City and the District shall have joint use of the Use Area during all weekends, holidays, after normal school 4 Page I-3.9
> L
hours, and any other times during which school is not in session throughout the school year and when there are no City scheduled league events. The area shown as the tot lot shall be available for joint use by both the District and the City at all times.

2.3 Cooperation and Communication on Scheduling. It is the intent of the District and the City to avoid scheduling conflicts, to promote the widest reasonable range of usage of the Use Area by all the school children and citizens of the community, and to permit each party access to the Use Area when not in use by the other parties.

To that end, the parties shall cooperate in good faith in scheduling events for the Use Area and on communicating the various needs and desires of the respective parties for the use of the Use Area.

2.4 The parties agree that during the times in which they are making and coordinating their respective schedules during the time they have joint use of the Use Area, the activities for children on District property will be given priority over programs for adults.

3. MAINTAINANCE; COSTS.

3.1 The District and the City shall each be responsible for fifty (50) percent of all costs associated with providing water for irrigation to the Use Area, as improved by the Future Improvements. In the event the City declares that water rationing is required, the District shall only be responsible for payment of fifty (50) percent of the water usage for the allocated water amounts as set by the City.

3.2 The City shall, at its sole expense, provide regularly scheduled maintenance of the baseball field, soccer field, tennis court and tot lot, as improved by the Future Improvements, and keep the same in as good an order, condition and repair as when constructed, reasonable wear and tear excepted. Both the District and the City shall assume shared clean up responsibilities in connection with their use of the Future Improvements and land subject to this Agreement. Costs for repair over and above normal maintenance 5 Page I-3.10
shall be appropriated to the responsible agency at the time the damage occurred.

3.3 The City shall, at its sole expense, provide regularly scheduled maintenance of the Play Area/Tot Lot within the fenced area, as improved by the Future Improvements, and keep the same in as good an order, condition and repair as when constructed, reasonable wear and tear excepted.

3.4 The District shall, at its sole expense, provide regularly scheduled maintenance of the asphalted areas, learning garden, and landscaping in and around the Site and keep the same in as good an order, condition and repair as when constructed, reasonable wear and tear excepted.

4. MISCELLANEOUS.

4.1 The District shall maintain, at its sole expense, fire and property damage insurance on the Future Improvements in an amount not less than the replacement cost value. Said insurance shall be evaluated as per the District's normal schedule to determine if there should be a change in the amount of coverage. The District shall promptly repair, restore and replace all or any portion of the Future Improvements destroyed or damaged by fire or other catastrophe.

The proceeds from said insurance shall be used for said purposes, but if the proceeds are insufficient to repair, restore or replace the Future Improvements to a condition substantially the same as when first constructed, then the District and the City (and/or the CDA) shall each bear one-half of the difference between the insurance proceeds and the cost of the necessary repair, restoration or replacement of the Improvements within the Use Area.

4.2 (a) The District shall indemnify, defend and hold the City harmless from any injury to any person which occurs as a result of the negligence of the District, its officers, employees or agents in the performance of this Agreement. (b) The City shall indemnify, defend and hold District, its officers, employees and agents, 6 Page I-3.11
harmless from any and all loss, damage or injury to any person or property which occurs as a result of the negligence of the City, its officers, employees or agents in the performance of this Agreement. (c) The CDA shall indemnify, defend and hold the District, its officers, employees, and agents harmless from any and all loss, damage, or injury to any person or property which occurs as a result of the negligence of the Agency, its officers, employees or agents in the performance of this Agreement. (d) In the event of concurrent negligence, liability for any claims, suits, or actions arising out of this Agreement shall be apportioned between the Parties under the established California rules of comparative negligence.

4.3 City's right to use the Use Area under this Agreement shall extend for a period of twenty five (25) years, beginning on the date the Agreement is executed and ending on the last day of calendar year 2026. This Agreement shall automatically extend from calendar year to calendar year thereafter unless the party(ies) give(s)notice to the other party(ies) of the termination this Agreement by December 31 of any year, at which point the Agreement will be terminated at the end of the following calendar year.

4.4 All of the provisions of this Agreement shall extend to, be binding upon, and inure to the · benefit of the successors, assigns, and successors-in-interest of the parties hereto.

4.5 If any term, covenant, condition, restriction or reservation in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

4.6 This Agreement may be amended, modified or terminated at any time only by the mutual consent in writing of the parties hereto.

4. 7 The aforementioned indemnity provisions shall survive the termination of this Agreement. Each party shall maintain all 7 Page I-3.12
insurance coverage necessary to enable it to fulfill the indemnity provisions herein.

4.8 Waiver. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision unless such party acknowledges, in writing, that it is waiving that provision.

4.9 Prohibited activities on District property. (a) Prohibitions. No alcohol, smoking, drugs, or dogs or other animals (other than seeing eye dogs), shall be permitted upon or within any of the District property covered by this Agreement while the property is being used by the City, or during the course of any activities or programs sponsored by the City. The City shall also make reasonable efforts to have these prohibitions observed by members of the general public, and will, at the request of the District or at its own initiation, adopt suitable ordinances if such action is deemed necessary and appropriate for enforcement purposes. (b) Excessive use. The City will limit or restrict the activities under its own control to avoid undue stress or damage to the District property covered by this Agreement.

4.10 Notices. Any notices given to the other party under this Agreement shall be in writing and shall be either personally delivered to the other party or sent by certified mail, return receipt requested, addressed to the other party as follows:

To the City:

To the District:

City of Menlo Park .

Attention: City Manager
701 Laurel Street,
Menlo Park , CA. 94025
Ravenswood City School District
Attention: Superintendent
2160 Euclid Avenue
East Palo Alto, CA 94303
8 Page I-3.13
IN WITNESS WHEREOF District, City and CDA have caused this Agreement to be executed by their duly authorized officials as of the day and year first above written.

Date:

Date:
9 District: Ravenswood School District
By:

I~: Chief Business Officer
Attest~A~
City: City of Menlo Park
By:

Its: cryt lf7&T
Attest: ~~ 0. /;~
CDA: Community Development Agency
of the City of Menlo Park
By:

Its: ~tie-01tczfr
Attest: ~.Ci,~
Page I-3.14
DATE:

SCALE:

DRAWN BY: BLW
DRAWING NA•IIEc.·---~
DESIGNED BY:

CHECKED BY: SURVEYED BY: ___ _
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RUBEN

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EXHIBIT A: EXISTING IMPROVEMENTS
I 0 ARK

CITY OF MENLO PARK

ENGINEERING DIVISION
701 LAUREL STREET, MENLO PARK, CA 94025-3483
PHONE (650) 856-3420 FAX (650) 858-3478

SUB-CONSULTANT CONSULTANT
l»IJSCAFE IELVN LIE AllOl1ICIS ASSOaAlES • RANaS • ASl.A II= SO ~
PACIIC AVE. SAN RANCl5CO 94119-2569 l4l5l44Hl'l88

BELLE HAVEN SCHOOL SHEET

OF SHEETS
PROJ. NAME

BELLEHAVEN SCHOOL
Page I-3.15
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EXHIBIT B: FUTURE IMRPOVEMENTS
BELLE HAVEN SCHOOL 1,t:1..VN lJ'H:>SCAl'E LEE AROfTECTS ASSOCIAlES . PlAN8S . ASI.A 11e T,50 PACflC AVE. SAN IIL\NCISCO CAI.FORWI 941)9-2569 (415144Hl'lll8 Date: 11-06-01 Page I-3.16
Administrative Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 4/25/2023
Staff Report Number: 23-100-CC
Consent Calendar: Receive and file the Single Audit for the fiscal year ended June 30, 2022
Recommendation
The Finance and Audit Committee and staff recommends that the City Council receive and file the Single Audit for the fiscal year ended June 30, 2022.

Policy Issues
Pursuant to 2 CFR (Code of Federal Regulations) 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, a non-federal agency that expends $750,000 or more during the fiscal year in federal awards is required to have a single audit. The City expended approximately $1.37 million during the fiscal year ending June 30, 2022; therefore, is required to receive a single audit.

The Single Audit tests the Schedule of Expenditures of Federal Awards (SEFA) to ensure that an agency has used federal funds correctly in compliance with Office of Budget Management (OMB) standards.

Additional testing is required to ensure compliance with the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) under the American Rescue Plan Act (ARPA). Based on the alternative reporting guidelines when receiving ARPA funds, auditors are not required to issue a report, only a letter attesting to internal controls.

Background
The City contracted with the firm Lance, Soll & Lungard (LSL), LLP (Certified Public Accountants) in 2019 to perform an audit of its financial records, complete the SAR, and render an opinion in accordance with generally accepted auditing standards. This contract covers a three-year engagement with June 30, 2022, being the final year.

Analysis
The single audit determines the City’s compliance with the requirements described in the OMB Compliance Supplement. The supplement outlines compliance requirements that have a direct and material effect on the City’s major federal programs for the year ended June 30, 2022.

Based on this independent audit, the auditor rendered an unmodified “clean” opinion, indicating the City complied, in all material respects, with the types of compliance requirements that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022. This report is included as Attachment A.

AGENDA ITEM I-4 Page I-4.1
Staff Report #: 23-100-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The Finance and Audit Committee reviewed this report at their April 20, meeting and voted to recommend receipt by the City Council.

Impact on City Resources
Independent auditing services is a covered expense within the City’s fiscal year 2022-23 approved budget.

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. City of Menlo Park SEFA schedule, independent accountant’s report Report prepared by:

Adrian Patino, Management Analyst II
Reviewed by:

Marvin Davis, Interim Finance Director
Brittany Mello, Administrative Services Director
Page I-4.2
1611 E. Fourth Street, Suite 200
Santa Ana, CA 92701
(714) 569-1000
203 N. Brea Blvd, Suite 203
Brea, CA 92821
(714) 672-0022
21 Waterway Avenue, Suite 30089
The Woodlands, TX 77380
(936) 828-4587
2151 River Plaza Dr., Suite 150
Sacramento, CA 95833
(916) 503-9691
24422 Avenida de la Carlota, Suite 275
Laguna Hills, CA 92653
(949) 829-8299
www.lslcpas.com
INDEPENDENT ACCOUNTANT’S REPORT
To the Honorable Mayor and Members of the City Council
City of Menlo Park
We have examined the City’s compliance with the compliance requirements “activities allowed or unallowed” and “allowable cost/cost principles” (the specified requirements) as described in Part IV “Requirements for an Alternative Compliance Examination Engagement for Recipients That Would Otherwise be Required to Undergo a Single Audit or Program-Specific Audit as a Result of Receiving Coronavirus State and Local Fiscal Recovery Funds” of the CSLFRF section of the 2022 OMB Compliance Supplement (referred to herein as “Requirements for an Alternative CSLFRF Compliance Examination Engagement”) during the year ended June 30, 2022. Management of the City is responsible for the City’s compliance with the specified requirements. Our responsibility is to express an opinion on the City’s compliance with the specified requirements based on our examination.

Our examination was conducted in accordance with attestation standards established by the AICPA; the standards applicable to attestation engagements contained in Government Auditing Standards, issued by the Comptroller General of the United States; and in the “Requirements for an Alternative CSLFRF Compliance Examination Engagement.” Those standards and requirements require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.

We are required to be independent and meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement.

Our examination does not provide a legal determination on the City’s compliance with specified requirements.

In our opinion, the City complied, in all material respects, with the specified requirements referenced above during the year ended June 30, 2022.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we are required to report all deficiencies that are considered to be significant deficiencies or material weaknesses in internal control; fraud, and noncompliance with provisions of laws, regulations, contracts or grant agreements that have a material effect on the City’s compliance with the specified requirements and any other instances that warrant the attention of those charged with governance. We are also required to obtain and report the views of responsible officials concerning the findings, conclusions, and recommendations, as well as any planned corrective actions. We performed our examination to express an opinion on the City’s compliance with the specified requirements and not for the purpose of expressing an opinion on the internal control over the specified requirements or on compliance and other matters; accordingly, we express no such opinions. The results of our tests disclosed no matters that are required to be reported under Government Auditing Standards.

Page I-4.3 ATTACHMENT A
To the Honorable Mayor and Members of the City Council
City of Menlo Park, California
Intended Purpose
The purpose of this examination report is solely to express an opinion on whether the City complied, in all material respects with the specified requirements referenced above during the year ended June 30, 2022.

Accordingly, this report is not suitable for any other purpose.

Sacramento, California
March 23, 2023
Page I-4.4
Schedule of Expenditures of Federal Awards: June 30, 2022 Fund Program & Project # Grant CFDA # Amount
State of CA ‐ Dept. of Education
253 530 OP4006 Child Development Program
253 530 OP4005 Child Development Program
254 530 OP4007 AB‐82 CRRSA 93.575                    9,694 U.S. Department of Agriculture
Passed through the California Department of Education:
252 530 OP4004 Child Care Meals Program 10.558                  67,919

10.558                        ‐
U.S. Department of Health & Human Services
Passed through San Mateo County Area Agency on Aging
255 510 OP4008/OP4009 or nonTitle III Part B ‐ Transportation 93.042                  31,766 U.S. Department of Homeland Security ‐ FEMA
Passed through California Office of Emergency Services
501 310 CPR002 Chrysler Pump Station 97.039                139,345 (HMGP # 4344‐60‐97R)
U.S. Department of Homeland Security ‐ FEMA
Passed through State of California Department of Finance 100 910 OP8001 Care Act (Covid 19) 21.019                  36,130 National Highway & Traffic Safety Agency
Passed through California Department of Transportation
362 310 CPS012 Santa Cruz/Middle Ave Rehab 20.205                  38,195 Passed thru State of CA ‐ Office of Traffic Safety
329 210 OP5001 Selective Traffic Enforcement Program 20.608 329 210 OP5001 Selective Traffic Enforcement Program                  24,763 329 210 OP5001 Selective Traffic Enforcement Program
LSTA
Passed thru State of CA
305 560 OP4012 Bringing Diverse Literature Home 45.310                  12,037 U.S. Department of Treasury
Passed through State of California Department of Finance 397 910 OPCV19 or none ARPA                847,000
California State Water Resources Control Board
Passed through State of California
396 dept 370 CA Arrearage Water Federal 21.027                160,155 Supplemental Law Enforcement Services
327 210 Supplemental Law Enforcement Services
ABC Grant
331 210 OP5003 or none ABC Grant
1,367,002
City of Menlo Park
Page I-4.5
Administrative Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 4/25/2023
Staff Report Number: 23-101-CC
Consent Calendar: Authorize the city manager to execute agreements with Sloan Sakai and Liebert Cassidy Whitmore for
legal services related to human resources
Recommendation
Staff recommends that the City Council authorize the city manager to execute an agreement with Sloan Sakai Yeung and Wong, LLP (Sloan Sakai) in the amount not to exceed $175,000 and with Liebert Cassidy Whitmore (LCW) in an amount not to exceed $100,000 for legal services related to human resources, including labor relations, employee relations, staff trainings, and workplace investigations over a three-year, two-month period to align with the end of the fiscal year.

Policy Issues
This commitment exceeds the city manager’s signing authority of $86,000 in fiscal year 2022-23 and requires City Council approval. Additionally, City Council Procedure #CC-19-010 (Attachment A) designates the City Council as the appointing authority for the city attorney to serve as the legal advisor for the City Council, city manager and departments. The city attorney then oversees legal services rendered by other law firms obtained due their specific areas of expertise to assist in the course of doing the City’s business.

Background
At their Feb. 23, 2021, meeting, the City Council approved an agreement with Burke Williams Sorenson, LLP, for city attorney services, with Nira F. Doherty serving as the designated city attorney (Attachment B).

The agreement provides for a variety of routine legal services, but excludes representation in labor negotiations and assistance in complex personnel matters. The City retained its outside labor counsel at Sloan Sakai for these matters. Previously, human resources have entered into agreements with both Sloan Sakai and LCW for ongoing assistance on legal matters pertaining to personnel.

Analysis
Human resources requires legal services as a necessary and routine part of employee relations and labor relations functions within the organization. Due to the ever-changing nature of laws and regulations governing human resources, expert legal advice is needed to interpret and guide compliance efforts. These services may be consultative in nature as a resource for city staff, or taking the lead role on a project with a defined scope, such as to conduct a workplace investigation, host a staff training, draft a policy, or to act as the City’s designated labor negotiator.

The City has a long-standing relationship with Sloan Sakai for legal assistance in negotiations and on various personnel matters. Sloan Sakai was formed in 2004 to provide a broad array of legal and consulting services to public agencies and nonprofit corporations focusing on labor law, employment law, government AGENDA ITEM 1-5 Page I-5.1
Staff Report #: 23-101-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov law, labor/personnel relations, and public agency consulting. Charles Sakai has served as the chief negotiator for multiple rounds of negotiations with the City’s bargaining units, and is serving as such in the ongoing negotiations with Service Employees International Union Local 521 (SEIU) and American Federation of State, County, and Municipal Employees Local 829 (AFSCME) on successor memoranda of understanding. Mr. Sakai prepares all proposals, counter-proposals and tentative agreements; consults with the city manager and departments on workplace impacts of proposals; and is authorized to execute tentative agreements consistent with negotiating authority granted by City Council.

Additionally, the City works with LCW on a variety of personnel matters on an as-needed basis, as well as participates in LCW-led staff trainings on human resources and related matters. Founded in 1980, LCW is one of California’s premier labor, education and employment law firms, representing hundreds of public agencies across the state of California.

Retaining multiple qualified legal firms allows City staff to receive expert and timely assistance when human resources matters arise, improving compliance and reducing the risk of litigation, grievances and other conflicts. These agreements allow city staff to take a flexible approach to best meet the City’s service needs.

Impact on City Resources
These agreements follow the model for legal services based on hourly rates highlighted in each firm’s fee schedule, which are included in the proposed agreements (Attachments C and D). These rates are reviewed and may be adjusted on an annual basis. The rates are competitive with other firms practicing in this area and the agreements include not-to-exceed amounts of $175,000 for Sloan Sakai and $100,000 for LCW over a three-year, two-month period (April 25, through June 30, 2026).

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. City Council Procedure #CC-19-010 – City Council Powers and Responsibilities B. Feb. 23, 2021, City Council meeting – staff report: menlopark.org/DocumentCenter/View/27435/K3- 20210223-CC-City-attorney-services-agree-BWS?bidId
C. Sloan Sakai agreement
D. Liebert Cassidy Whitmore agreement
Report prepared by:

Brittany Mello, Administrative Services Director
Page I-5.2
Staff Report #: 23-101-CC

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

Nira Doherty, City Attorney
Page I-5.3
CC 20191112
City Council Powers and Responsibilities
City Council Procedure #CC-19-010
Adopted November 12, 2019

1 MPMC Section 2.04.120
2 MPMC Section 2.12.020
3 MPMC Section 2.44.040
Purpose
The powers of the City Council to establish policy are quite broad. Essentially, the City Council may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the City Council has the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and for the general welfare of its inhabitants which are not specifically forbidden by the Constitution and laws of the State of California.

It is important to note that the City Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Vice Mayor have some additional ceremonial and administrative responsibilities as described below, in the establishment execution of policies and procedures, all city councilmembers are equal.

It is also important to note that policy is established by at least a majority vote of the City Council. While individual city councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the City Council is upheld. Actions of staff to pursue the policy direction established by a majority of the City Council do not reflect any bias against city councilmembers who held a minority opinion on an issue.

Appointment of City Council officers and City Council subcommittees Selection of Mayor and Vice Mayor
The City Council shall meet in December of each year to choose one of its members as Mayor and one as Mayor Pro Tempore.1 The City Council has determined that for the purpose of this policy, the “Mayor Pro Tempore” title shall be replaced with “Vice Mayor” beginning with the annual rotation in December 2019.

Mayor
The Mayor presides at all meetings of the City Council and performs such other duties consistent with the office as may be imposed by the City Council or by vote of the people. The Mayor does not possess any power of veto. As presiding officer of the City Council, the Mayor is to faithfully communicate the will of the City Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes.

The Mayor, unless unavailable, shall sign all ordinances, and other documents that have been adopted by the City Council and require an official signature; except when the city manager has been authorized by City Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor’s signature may be used.

The Mayor also consults and coordinates with the city manager and Vice Mayor in the development of agendas for meetings of the City Council. The Mayor shall appoint members of the Planning Commission, with the approval of the City Council2, and the Mayor has additional roles and responsibilities in the event of a declared disaster including serving as chairperson of the Disaster Council3.

Vice Mayor
The Vice Mayor shall perform the duties of the Mayor during the Mayor's absence, at the pleasure of the City Council.

Appointment of City Council subcommittees
City Council subcommittees, when used, are to help the City Council do its job. Subcommittees ordinarily will assist the City Council by preparing policy alternatives and implications for City Council deliberation. City Council subcommittees may not speak or act for the City Council. Subcommittees will be used sparingly and ordinarily in an ad hoc capacity. This policy applies to any group that is formed by City Council action, whether or not it is called a subcommittee. Unless otherwise stated, a subcommittee is deemed to be ad hoc and ceases to exist as soon as its task is complete. Standing subcommittees are City Council subcommittees with regular responsibilities as assigned by the City Council generally spanning more than a single year or project. Standing subcommittees are subject to the Open Meetings Act (Brown Act.) Ad hoc subcommittees are not listed below considering their limited nature.

Page K-3.19 ATTACHMENT A Page I-5.4
City Council Powers and Responsibilities
City Council Procedure #CC-19-010 2
Adopted November 12, 2019

4 MPMC Section 2.04.200
5 MPMC Section 2.12.040
Standing City Council subcommittees
Community grant funding
Rail
Appointment of City Councilmembers to outside boards and organizations Typically, appointments to outside boards and organizations are made at the beginning of a City Council term in December.

The Mayor will ask city councilmembers which appointments they desire and will submit recommendations to the full City Council regarding the various outside appointments. Certain appointments are reserved for the incumbent Mayor and Vice Mayor as primary and alternate members, respectively. Alternates shall also be appointed to ensure participation in the decision making processes of outside boards and organizations. In the instance where more than one city councilmember wishes to be appointed to an outside board or organization, a vote of the City Council will be taken to confirm appointment of the primary and alternate appointees. Outside boards and organization appointments are as follows:

Outside boards Notes
Association of Bay Area Government (ABAG) Incumbent Mayor and Vice Mayor Bay Area Water Conservation Agency (BAWSCA) 4-year appointment City/County Association of Governments (C/CAG)
Emergency Services Council
Peninsula Clean Energy Authority (PCE)
San Francisquito Creek Joint Powers Authority
South Bayside Waste Management Authority
Outside organizations Notes
Airport Community Roundtable
Caltrain Modernization Local Policy Maker Group Same members as the Rail Subcommittee County of Santa Clara Community Resources Group for Stanford University
Same members as subcommittees pertaining to
Stanford University
Facebook Local Community Fund
Grand Boulevard Initiative Taskforce
League of California Cities (League/LCC), including LCC Peninsula Division
Incumbent Mayor and Vice Mayor
Menlo Park Chamber of Commerce Incumbent Mayor and Vice Mayor San Mateo County Council of Cities City Selection Committee Incumbent Mayor and Vice Mayor As a City Council appointee to an outside board or organization, the appointee shall represent the policy set by the majority of the City Council at a public meeting. If the appointee is unclear as to the position of the City Council on a particular business item scheduled for vote at the outside board or organization, the appointee shall consult the full City Council under “City Councilmember Reports” section of the public meeting agenda or, if sufficient time is not available, consult the city manager.

Appointees to an outside board or organization shall report to the City Council under “City Councilmember Reports” following each meeting.

As a member of an outside board or organization, appointees must attend all regular scheduled meetings of the outside board or organization to ensure that Menlo Park has a voice on matters of significance to the community. If an appointee is not available, s/he shall coordinate with the alternate to ensure Menlo Park representation.

Appointment of advisory bodies and advisory body liaisons Advisory bodies
The City Council has formed several commissions, committees, and taskforces, collectively referred to as “advisory bodies”.

The City Council shall adopt a City Council procedure to provide guidelines on the appointment, roles, and responsibilities4 of the various advisory bodies excluding the Planning Commission which is established by Municipal Code5 and is vested with statutory duties.

Page K-3.20 Page I-5.5
City Council Powers and Responsibilities
City Council Procedure #CC-19-010 3
Adopted November 12, 2019

6 2019 Committees and taskforces all have City Councilmembers serving as voting members and no liaison is required. 7 MPMC Section 2.08.010
8 MPMC Section 2.08.060
2019 Commissions 2019 Committees/Taskforces6
Complete Streets Commission Belle Haven Neighborhood Library Advisory Committee Environmental Quality Commission Finance and Audit Committee Housing Commission Sister City Committee
Library Commission Transportation Master Plan Oversight and Outreach Committee Parks & Recreation Commission
Planning Commission
Liaisons to City Council advisory bodies
City councilmembers are assigned to serve in a liaison capacity with one or more City Council advisory bodies. The purpose of the liaison assignments 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 advisory body meetings periodically to observe the activities of the advisory body or simply maintain communication with the advisory body Chair on a regular basis.

Assignment of liaisons
Typically, advisory body liaison assignments 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 assignments. In the instance where more than one city councilmembers wish to be the appointed liaison to a City Council advisory body, a vote of the City Council will be taken to confirm assignments.

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

City Council relationship with advisory bodies
The City Council has determined that city councilmembers should not lobby advisory body members for particular votes.

However, city councilmembers may attend meetings as residents and request that advisory body members consider certain issues during their deliberations or in unusual instances as city councilmembers to reflect the views of the City Council as a body.

City Councilmembers choosing to attend advisory body meetings should be sensitive to the fact that they are not participating members of the body. City Councilmembers have the rights, and only the rights, of ordinary citizens with respect to advisory bodies – including the right to write to and speak to the advisory body during public comment periods.

Appointment of city attorney and city manager
The City Council appoints two positions within the city organization: the city manager and city attorney. Both positions serve at the will of the City Council and have employment agreements that specify certain terms of employment including an annual evaluation by the City Council.

Appointment of city attorney
The city attorney is the legal adviser for the City Council, city manager and departments. The general legal responsibilities of the city attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the city's interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; 3) prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. It is important to note that the city attorney does not represent individual city councilmembers, but the City Council as a whole.

Appointment of city manager
The city manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability. He or she shall hold office at and during the pleasure of the City Council7. The city manager shall receive such compensation as the City Council from time to time determines and fixes by resolution and such compensation shall be a proper charge against such funds of the city that the City Council designates8.

Page K-3.21 Page I-5.6
City Council Powers and Responsibilities
City Council Procedure #CC-19-010 4
Adopted November 12, 2019

9 MPMC Section 2.08.080
The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in the Municipal Code. He or she shall be responsible for the efficient administration of all the affairs of the city, which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power9:

1. Enforcement of laws. To see that all laws and ordinances of the city are duly enforced, and that all franchises, permits and privileges granted by the city are faithfully observed;

2. To direct, etc., officers and employees. To control, order and give directions to all heads of departments, subordinate officers, and employees of the city, except the city attorney; and to transfer employees from one (1) department to another, and to consolidate or combine offices, positions, departments or units under his or her direction;

3. Appointment and removal of officers and employees. To appoint and remove any officers and employees of the city except the city attorney, subject to the rules relating to personnel management;

4. Control of departments and officers and employees. To exercise control over all departments of the city government and over all appointive officers and employees thereof, except the city attorney;

5. Attendance at City Council meetings. To attend all meetings of the city council unless excused therefrom by the city council, except when his or her removal is under consideration by the city council;

6. Recommendation of ordinances. To recommend to the city council for adoption such measures and ordinances as he or she deems necessary or expedient;

7. Fiscal advice. To keep the City Council at all times fully advised as to the financial conditions and needs of the city;

8. Preparation of budget. To prepare and submit to the City Council the annual budget;

9. Purchases and expenditures. To purchase all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the City Council, except on report or approval of the city manager;

10. Investigation of city affairs. To make investigations into the affairs of the city, and any department or division thereof, and any contract, or the proper performance of any obligations running to the city;

11. Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed;

12. Supervision of public buildings. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer;

13. Approval of plans and designs. To exercise directly or through his or her designee discretionary approval of plans, designs and any design amendments or addenda for public improvement projects for which the city council has delegated authority to the city manager or which are within the city manager’s discretionary authority. The city manager or his or her designee shall sign the plans and designs indicating approval;

14. Devotion of entire time to duties. To devote his or her entire time to the duties of his or her office and the interests of the city;

15. Leadership in civic movements. To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the City Council;

16. Additional duties. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the City Council.

Page K-3.22 Page I-5.7
City Council Powers and Responsibilities
City Council Procedure #CC-19-010 5
Adopted November 12, 2019

10 MPMC Section 2.08.100
The City Council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the city manager10.

City manager code of ethics
The city manager is subject to the International City/County Management Association (ICMA) professional code of ethics that binds the city manager to certain practices that are designed to ensure his or her actions are in support of the city’s best interests. Violations of such standards can result in censure.

The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by ICMA Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:

1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective.

2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant.

3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.

4. Serve the best interests of the people.

5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials.

6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members.

7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.

8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques.

9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.

10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.

11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions pertaining to appointments, pay adjustments, promotions, and discipline.

12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.

Page K-3.23 Page I-5.8
City Council Powers and Responsibilities
City Council Procedure #CC-19-010 6
Adopted November 12, 2019

11 MPMC Section 2.04.190
12 MPMC Section 2.04.220
Appointment to vacancies on the City Council
If a vacancy occurs in the office of a member of the City Council, an election shall be held to fill the vacancy. The person elected shall hold office for the unexpired term of the former incumbent. The election shall be held at the next regularly scheduled election held at least eighty-nine days after the vacancy is created.11 The city councilmember elected to represent a district must reside in that district and be a registered voter in that district. Termination of residency in a district by a city councilmember shall create an immediate vacancy for that City Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.12
Procedure history
Action Date Notes
Draft procedure presented October 1, 2019 City Council directed edits Procedure adoption November 19, 2019
Page K-3.24 Page I-5.9
1 CC Rev 20210301

PROFESSIONAL SERVICES AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND SLOAN SAKAI YEUNG AND WONG, LLP THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and SLOAN SAKAI YEUNG AND WONG, LLP, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Legal services WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

ATTACHMENT C Page I-5.10
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $175,000 as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

Page I-5.11
3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Brittany Mello
Administrative Services Director
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6675
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Charles Sakai
Sloan Sakai Yeung and Wong, LLP
555 Capitol Mall, Suite 600
Sacramento, CA 95814
(916) 258-8800
[email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page I-5.12
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page I-5.13
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this agreement or which are developed, produced and paid for under this agreement, shall become the property of CITY. The reuse of FIRST PARTY’s work products by City for purposes other than intended by this agreement shall be at no risk to FIRST PARTY.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

Page I-5.14
6 CC Rev 20210301

17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of April 25, 2023 through June 30, 2026 unless extended, amended, or terminated in writing by CITY.

Page I-5.15
7 CC Rev 20210301

25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant IS NOT required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Justin I. C. Murphy, City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
Page I-5.16
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Administrative Services Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Administrative Services Director.

Page I-5.17
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

Page I-5.18
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

Page I-5.19
Public Sector and Non-Profit Fee Schedule
Effective January 1, 2022 to December 31, 2022
Partners: $300 - $450
Of Counsel: $275 - $385
Senior Counsel: $275 - $385
Associates: $245 - $295
Law Clerks: $185
Paralegals: $105 - $175
Analysts: $75 - $170
Consultants: $175 - $295
Expense Reimbursements:

The Firm charges separately for certain costs in the representation, as well as for any disbursements to third parties made on a client’s behalf. Such costs and disbursements include, for example, the following: travel (at the IRS rate in effect at the time the travel occurs), computer-assisted research, transcription, overnight delivery and messenger services. For major disbursements to third parties, invoice, may be sent directly to the client for payment. The Firm also bills for time spent traveling on a client’s behalf at our normal rates.

EXHIBIT A-1 Page I-5.20
Public Sector and Non-Profit Fee Schedule*
Effective January 1, 2023 to December 31, 2023
Partners: $325 - $495
Of Counsel: $295 - $395
Senior Counsel: $295 - $395
Associates: $260 - $325
Law Clerks: $205
Paralegals: $125 - $195
Analysts: $90 - $190
Consultants: $195 - $325
*These rates are reviewed and may be adjusted annually, generally in January of each year.

Expense Reimbursements:

The Firm charges separately for certain costs in the representation, as well as for any disbursements to third parties made on a client’s behalf. Such costs and disbursements include, for example, the following: travel (at the IRS rate in effect at the time the travel occurs), computer-assisted research, transcription, overnight delivery and messenger services. For major disbursements to third parties, invoice, may be sent directly to the client for payment. The Firm also bills for time spent traveling on a client’s behalf at our normal rates.

Page I-5.21
1 CC Rev 20210301

PROFESSIONAL SERVICES AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND LIEBERT CASSIDY WHITMORE
THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and LIEBERT CASSIDY WHITMORE, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Legal services.

WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

ATTACHMENT D Page I-5.22
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $100,000 as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

Page I-5.23
3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Brittany Mello
Administrative Services
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6675
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Marc Zavala
Liebert Cassidy Whitmore
6033 W. Century Blvd., 5th Floor
Los Angeles, CA 90045
310-981-2074
[email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page I-5.24
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page I-5.25
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this agreement or which are developed, produced and paid for under this agreement, shall become the property of CITY. The reuse of FIRST PARTY’s work products by City for purposes other than intended by this agreement shall be at no risk to FIRST PARTY.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

Page I-5.26
6 CC Rev 20210301

17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of April 25, 2023 through June 30, 2026 unless extended, amended, or terminated in writing by CITY.

Page I-5.27
7 CC Rev 20210301

25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant IS NOT required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Justin I. C. Murphy, City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
Page I-5.28
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Administrative Services Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Administrative Services Director.

Page I-5.29
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

Page I-5.30
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

Page I-5.31

LIEBERT CASSIDY WHITMORE
FEE SCHEDULE - effective through 06/30/2023
Partners $390.00
Senior Counsel $335.00
Associates $220.00 - $315.00
Labor Relations/Human Resources Consultant $250.00
Paralegals $135.00
E-Discovery Specialists $135.00
Law Clerks $135.00 - $175.00
EXHIBIT A-1 Page I-5.32

LIEBERT CASSIDY WHITMORE
FEE SCHEDULE - effective as of 07/01/2023
Partners $425.00
Senior Counsel $355.00
Associates $240.00 - $335.00
Labor Relations/Human Resources Consultant $270.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
Page I-5.33
Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov

STAFF REPORT
City Council
Meeting Date: 4/25/2023
Staff Report Number: 23-102-CC
Public Hearing: Consider the Planning Commission’s
recommendation to approve the vesting tentative
map extension and adopt a resolution to approve
a two-year extension of a vesting tentative map to
merge the existing SP-ECR/D (El Camino
Real/Downtown Specific Plan) lots, abandon a
portion of Alto Lane, and create a two-lot
subdivision for condominium purposes, with 12
residential units, one restaurant space and up to
three retail spaces on one lot in the SP-ECR/D
zoning district, at 201 El Camino Real, and two
townhouses on the second lot in the R-3
(Apartment) zoning district, at 612 Cambridge Ave.

Recommendation
Staff recommends that the City Council consider the Planning Commission’s recommendation to approve a tentative map extension request and adopt a resolution to approve a two-year extension of a vesting tentative map associated with a major subdivision to merge the existing SP-ECR/D (El Camino Real/Downtown Specific Plan) lots, abandon a portion of Alto Lane, and create a two-lot subdivision for condominium purposes, with 12 residential units, one restaurant space and up to three retail spaces on one lot in the SP-ECR/D zoning district, and two townhouses on the second lot in the R-3 (Apartment) zoning district (Attachment A).

Policy Issues
The proposed project requires the City Council to consider whether the previously approved vesting tentative map should be extended for two years.

Background
Project description
On Oct. 27, 2020, the City Council approved the construction of a new three-story, mixed-use building with below-grade parking and two detached two-story townhouses. The mixed-use building would consist of retail and restaurant uses on the first floor and 12 residential units on the second and third floors and be located on the parcel addressed 201-211 El Camino Real. Two detached townhouses would be located on the parcel adjacent to the mixed-use building, at 612 Cambridge Ave.

AGENDA ITEM J-1 Page J-1.1
Staff Report #: 23-102-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov The mixed-use building would have a J-shaped footprint with a landscaped courtyard along the rear of the mixed-use building, near the townhouses. The proposed site layout is designed with Cambridge Avenue as the primary access, with one driveway leading to the mixed-use building’s main entrance and to the underground parking levels. A public paseo would be located between the mixed-use building and the townhomes, providing public access through the project site in a similar capacity as the existing Alto Lane (to be abandoned through the vesting tentative map.) For more details about the project, including a location map, select plan sheets and project background, see the March 14, City Council staff report (Attachment B).

The applicant applied for building permits for the project, allowing the use permit to remain valid. The focus of the item before the City Council is the proposed two-year extension for the vesting tentative map, which would allow parcel management (e.g., lot line adjustments, lot merger), right-of-way abandonment, and the creation of condominiums through a major subdivision.

Analysis
The City Council reviewed the request at its March 14, regular meeting. Four members of the public made comments expressing concerns with the proposal, citing concerns about trash and debris on-site, occupation of the site by unhoused individuals, safety, tree health, and lack of progress on development.

City Council members expressed concerns that the applicant had not effectively made progress on the project, requesting more clarification on the limited progress made and the state of the site. The City Council continued the project to a date certain, and directed staff to work with the applicant to meet and coordinate with nearby residents as needed, install perimeter fencing, clear the site of trash and debris, and make progress on the demolition permitting for the project. The meeting minutes from the March 14, 2023, meeting are included as a hyperlink in Attachment C.

The applicant has also provided an updated letter summarizing their progress with the project following the March 14, City Council in Attachment D. In particular, the applicant has taken the following steps in response to the City Council’s direction:
• Removed trash from the site and installed perimeter fencing March 16; • Reinstated the demolition permits for the site;
• Working on providing the necessary materials for demolition permit issuance, which include but are not limited to a nesting bird survey, an acoustic study, and a noise and vibration analysis, among other documents. These items are required prior to demolition permit issuance based on the conditions of approval and the Mitigation, Monitoring and Reporting Program (MMRP) for the project. • Scheduled a community meeting for Saturday, April 22, at 9:30 a.m.; • Scheduled a tree trimming service for the week of April 24; and • Daily site monitoring.

Staff is continuing to work with the applicant to remedy the current issues and maintain orderliness of the site until future redevelopment occurs.

Conclusion
Staff believes the request to modify the expiration date of the vesting tentative map by two years is appropriate, as the applicant has been responsive to improving the condition of the site since March 14, Page J-1.2
Staff Report #: 23-102-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov and has also demonstrated their commitment to the project by reinstating their demolition permits and working with staff to begin providing the necessary materials for demolition permit issuance. These actions are necessary to obtaining future building permit issuance and construction of the site. The approval of the revision to the vesting tentative map would allow comprehensive implementation of the approved project, which includes 14 residential units, one restaurant unit, and up to three retail units, with rights reserved to convert all residential units from rental to for-sale. Staff and the Planning Commission recommend that the City Council adopt a resolution approving the extension of the vesting tentative map by two years.

Impact on City Resources
The project sponsor is required to pay planning, building and public works permit fees, based on the City’s master fee schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review
An initial study and MND, collectively referred to as the MND, was prepared for the project and adopted Oct. 27, 2020, by the City Council. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. No potential new impacts related to the project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the MND.

No other special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, no further environmental review is required.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. The City Council continued the item to a date-certain meeting date (April 25) at its March 14 meeting.

Attachments
A. Draft resolution to extend the expiration date of an approved vesting tentative map B. Hyperlink – March 14 staff report: menlopark.gov/files/sharedassets/public/agendas-and-minutes/citycouncil/2023-meetings/agendas/20230314-city-council-agenda-packet.pdf#page=241 C. Hyperlink – March 14 meeting minutes: menlopark.gov/files/sharedassets/public/agendas-andminutes/city-council/2023-meetings/minutes/20230314-city-council-minutes.pdf D. Project description letter
Report prepared by:

Matt Pruter, Associate Planner
Report reviewed by:

Deanna Chow, Assistant Community Development Director
Page J-1.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE A TWO-YEAR EXTENSION OF A VESTING TENTATIVE MAP

ASSOCIATED WITH A MAJOR SUBDIVISION TO MERGE THE EXISTING

SP-ECR/D (EL CAMINO REAL/DOWNTOWN SPECIFIC PLAN) LOTS,

ABANDON A PORTION OF ALTO LANE, AND CREATE A TWO-LOT
SUBDIVISION FOR CONDOMINIUM PURPOSES, WITH 12 RESIDENTIAL

UNITS, ONE RESTAURANT SPACE AND UP TO THREE RETAIL SPACES

ON ONE LOT IN THE SP-ECR/D ZONING DISTRICT, AND TWO
TOWNHOUSES ON THE SECOND LOT IN THE R-3 (APARTMENT) ZONING

DISTRICT
WHEREAS, on October 27, 2020, the City approved a vesting tentative map associated with a major subdivision to merge the existing SP-ECR/D (El Camino Real/Downtown Specific Plan) lots, abandon a portion of Alto Lane, and create a two-lot subdivision for condominium purposes, with 12 residential units, one restaurant space and no more than three retail spaces on one lot in the SP-ECR/D zoning district, and two townhouses on the second lot in the R-3 (Apartment) zoning district (collectively, the “Project”) from Ray Parkinson (“Applicant”), on behalf of the property owner Hu-Hantwo, LLC (“Owner”), located at 201-211 El Camino Real (APN 071-431-200), the unaddressed property with an APN of 071-413-370, a portion of Alto Lane, and 612 Cambridge Avenue (APN 071-413-380) (“Property”). The vesting tentative map is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district and the El Camino Real South West (ECR SW) sub-district, which supports a variety of uses including restaurant, retail, and residential uses; and WHEREAS, on October 19, 2022, the City received an application requesting a two-year extension of the above referenced vesting tentative map which is depicted in Exhibit A; and WHEREAS, the proposed vesting tentative map extension complies with all objective standards of the SP-ECR/D district and ECR SW sub-district and furthers the original purposes of the project approvals by allowing the applicant to secure agency permitting and project contracting for the project and allow the approved project to be implemented; and WHEREAS, the proposed vesting tentative map extension and the approved project are consistent with the current General Plan and the recently adopted Housing Element, specifically Policies H4.4 (Mixed-Use Housing), H4.7 (Infill Housing Adjacent to Downtown), and H7.1 (Housing Design), by enabling a mixed-use development and creating future home ownership opportunities in the El Camino Real/Downtown Specific Plan and adjacent areas; and WHEREAS, the findings and conditions for the vesting tentative map extension would ensure that all City requirements are applied consistently and correctly as part of the project’s implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
ATTACHMENT A Page J-1.4
WHEREAS, the approval of the vesting tentative map extension is consistent with the City Council’s approval of the project and allows the project to be implemented comprehensively; and
WHEREAS, the Project requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and
WHEREAS, the City had previously prepared and adopted an Initial Study and Mitigated Negative Declaration, collectively referred to as the MND, for the project; and WHEREAS, State CEQA Guidelines Section 15162 (Subsequent environmental impact reports and Negative Declarations) provides that when an environmental impact report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR or Negative Declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are new significant environmental effects due to a change in the project or circumstances, or there is new information of substantial importance as identified in State California Environmental Quality Act (CEQA) Guidelines Section 15162(a)(3.); and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, after public notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park on December 5, 2022, whereat all persons interested therein might appear and be heard. After closing the public hearing, the Planning Commission considered all pertinent information, documents, exhibits, and all other evidence in the public record on the request; and adopted Planning Commission Resolution No. 2022-38 to recommend approval of extension of the vesting tentative map to the City Council; and
WHEREAS, the City Council reviewed the project at the March 14, 2023 meeting and considered public comment expressing concerns with the Project and continued the item to a date certain with the direction to address concerns regarding trash and debris on site, occupation of the site by unhoused individuals, safety, tree health, and lack of progress on development; and
WHEREAS, the Applicant completed efforts, including securing and cleaning the site, and making progress on the existing demolition permits for the site; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the City Council of the City of Menlo Park on April 25, 2023 whereat all persons interested therein might appear and be heard; and
Page J-1.5
WHEREAS, the City Council of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter voted affirmatively to approve the findings and conditions for the extension of the vesting tentative map; and WHEREAS, the City Council has considered the extension of the vesting tentative map to be in compliance with the Initial Study and Mitigated Negative Declaration, collectively referred to as the MND, that was prepared for the project and adopted on October 27, 2020 by the City Council. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the MND. No other special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, no further environmental review is required.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park, independently, after reviewing all of the evidence before it, holding a public hearing, and considering the Planning Commission’s recommendation, hereby approves a two year extension of the vesting tentative map, which vesting tentative map is attached hereto as Exhibit A, and associated conditions, which are attached hereto as Exhibit B, and incorporated herein by this reference, based upon the following findings.

1. The proposed vesting tentative map extension does not modify any of the original Vesting Tentative Map’s design, and therefore, all of the findings made on the original Vesting Tentative Map (City Council Resolution No. 6595) are still valid and apply to this extension; and

2. All conditions of approval in City Council Resolution No. 6595, not otherwise modified by this resolution, are still in effect.

3. The extension of vesting tentative map expiration by two years would allow the applicant to secure financing for the project and allow the approved project to be implemented, is appropriate.

4. State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are new significant environmental effects due to a change in the project or circumstances, or there is new information of substantial importance as identified in State CEQA Guidelines Section 15162(a)(3). A MND was adopted for the project by City Council on October 27, 2020. The extension of time for a tentative map does not involve any physical changes in the environment and hence does not have the potential for causing a significant effect on the environment. No potential new impacts related to the Project have been identified that would necessitate further environmental review. No other special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, no further environmental review is required.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

Page J-1.6
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 twenty-fifth day of April, 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 __ of April, 2023.

Judi A. Herren, City Clerk
Exhibits
A. Vesting tentative map
B. Conditions of approval
Page J-1.7

NOT FOR CONSTRUCTION
P:\2017\17-214_201_Camino\04_Design\01_CAD\01_SD\C-800 CD.dwg,C8.0 CITY DETAILS,Ashruf Khan,7/21/2020 3:26:03 PM,ARCH expand D (36.00 x 24.00 Inches),1:1

EXHIBIT A
Page J-1.8
Page J-1.9
P:\2017\17-214_201_Camino\04_Design\01_CAD\01_SD\C-010 PARC.dwg,C0.1 PARCEL PLAN,Tina Stimpson,3/25/2020 4:22:58 PM,ARCH expand D (36.00 x 24.00 Inches),1:1 0 5' 10' 20'

NOT FOR CONSTRUCTION
Page J-1.10
P:\2017\17-214_201_Camino\04_Design\01_CAD\01_SD\C-020 LOT LINE ADJUST.dwg,C0.2 LOT LINE ADJUST,Tina Stimpson,3/25/2020 4:23:06 PM,ARCH expand D (36.00 x 24.00 Inches),1:1 0 5' 10' 20'

NOT FOR CONSTRUCTION
Page J-1.11
P:\2017\17-214_201_Camino\04_Design\01_CAD\01_SD\JT1-JOINT TRENCH.dwg,JT1,Tina Stimpson,3/27/2020 11:37:53 AM,ARCH expand D (36.00 x 24.00 Inches),1:1

NOT FOR CONSTRUCTION
Page J-1.12
201 El Camino Real and 612 Cambridge Avenue
PAGE: 1 of 1
LOCATION: 201 El
Camino Real and 612
Cambridge Avenue
APPLICATION:

SUB2022-00008
APPLICANT: Ray
Parkinson
OWNER: HuHan Two,
LLC
PROJECT CONDITIONS – VESTING TENTATIVE MAP EXTENSION:

1. The vesting tentative map extension shall be subject to all conditions that were included in the City’s Council’s October 27, 2020 approval of the vesting tentative map and associated entitlements, except that the expiration date of the vesting tentative map is extended to October 27, 2024.

EXHIBIT B Page J-1.13
April 19, 2023
Matthew A. Pruter
Associate Planner-City of Menlo Park
City Hall - 1st Floor
701 Laurel St.

Subject: 201 El Camino/612 Cambridge Project
Dear Mr. Pruter,
I am providing you an update on the progress of this project as of to date.  The perimeter fencing that has been installed (March 16).  The site trash clean-up that was done (March 16).
 Boarding of all Broken points of entry
 The Demolition permits have been reinstated.
 Community Outreach is scheduled for April 22nd at 9:30 am  A Tree trimming service has been scheduled for next week.  The site is now being monitored daily.

The following actions are either in progress or are planned for near future.  AIR-3a, AIR-3b, and AIR-5 (Health Risk Analysis): We are working on this and we will be reporting on this shortly.
 BIO-1a (Nesting Bird Survey): We have contacted a specialist and hoping to get this done by end of April
 BIO-5a (Pre-construction Bat Survey): We are looking for a Bat Biologist. We have asked the City for Recommendations.
 HAZ-1: (Phase II Environmental Site Assessment [ESA]): This has been completed.  NOI-1a (Acoustic Study): This work will be conducted once we have our demolition permit.  Noise-2a (Noise and Vibration Analysis): We are working to find the right source to conduct this Analysis.

Please let me know if you have any questions!
Sincerely,
Nariman Teymourian
Ferrando Diversified Capital
ATTACHMENT D Page J-1.14
201 EL CAMINO REAL AND 612

CAMBRIDGE AVENUE PROJECT
April 25, 2023 Staff Presentation
J1-PRESENTATION
2 PROPOSED PROJECT
 Original project approval on October
27, 2020– Mixed use building with 12 housing units, one restaurant unit, and up to three retail units, two detached townhouses, and underground parking  Extension request continued on March
14, 2023
 Extension request to receive City
Council action today, April 25, 2023
 Two-year vesting tentative map request continued by City Council on March 14, 2023 based on the following concerns:– Progress of project development– Trash and debris on site– Occupation of the site by unhoused individuals– Safety– Tree health MARCH 14, 2023 CITY COUNCIL MEETING
3  Applicant progress since March 14, 2023
– Removed trash and installed fencing– Covered damaged points of entry– Reinstated demolition permit applications– Preparing additional reports and documentation for issuance of demolition permit• This includes a nesting bird survey, a bat survey, and noise and vibration analysis, among others
– Held community meeting on April 22– Scheduling tree trimming– Daily site monitoring

APPLICANT RESPONSE
4 THANK YOU
Administrative Services

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

STAFF REPORT
City Council
Meeting Date: 4/25/2023
Staff Report Number: 23-103-CC
Regular Business: Approve fiscal year 2023-24 budget principles, review five-year General Fund forecast
Recommendation
Staff recommends City Council approve budget principles for fiscal year 2023-24 and review the five-year General Fund forecast.

Policy Issues
Menlo Park Municipal Code Section 2.08.080 (8) provides that the city manager must “prepare and submit to the City Council the annual budget.” The city manager’s proposed budget is built on foundational budget principles set by the City Council.

Background
The City Council held a priority and goal setting workshop March 18 to help set the stage for budget development. Approval of the budget principles continues the City’s public process for the fiscal year 2023- 24 budget development. The five-year forecast provides a financial outlook of revenue and expenditures to help the city maintain a sustainable General Fund.

Analysis
Proposed budget principles
To ensure the city manager’s proposed budget reflects the City Council’s foundational budget values, staff presents these proposed budget principles for fiscal year 2023-24. The proposed principles are essentially the same as last fiscal year with minor adjustments.

Promote the City’s long-term fiscal sustainability
A. Implement the annual payment necessary in the budget to achieve amortization of the CalPERS Net Pension Liability in accordance with the actuarial 15-year amortization schedule. This is consistent with the City Council’s previously adopted budget principle to plan for an accelerated reduction of the unfunded accrued liability (UAL).

B. Invest in technologies that minimize low value-add processes, increase transparency in communications and most efficiently utilize our talented staff.

C. Strive to achieve City Council cost recovery goals for all fee-based services.

D. Continue to evaluate the most cost-effective method to provide services at a specified level that provides the City with flexibility in all economic conditions, including the use of contracted services, shared services, and regular and limited-term employees.

E. Proactively manage the loss of institutional knowledge by documenting procedures, practices and processes and succession planning efforts including the ability to provide for overlap in critical positions at the discretion of the city manager.

AGENDA ITEM K-1 Page K-1.1
Staff Report #: 23-103-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov F. Incorporate programs and initiatives that strengthen Menlo Park’s standing as an employer of choice to retain highly qualified personnel.

Provide city services and infrastructure that contribute to quality of life in Menlo Park A. Implement ordinances and City Council adopted initiatives and strategies to contribute to the quality of life in Menlo Park.

B. Proactively maintain and improve existing infrastructure to minimize maintenance costs and decrease the City’s greenhouse gas emissions.

C. Strive to balance the resources and requirements of each area of the city in an equitable manner through the use of equitable tools.

D. Evaluate one-time revenues for highest and best investment recognizing the benefit of leveraging near term investments for long-term gains in financial sustainability and/or quality of life.

E. Commit to continuous improvement in the communication of City financial information through a variety of media acknowledging that the City’s professional staff and consultants are obligated to conform to accounting and reporting standards in order to provide balanced financial information that informs policymakers.

Revenue sources and grant accounting
A. State the funds surplus/(deficit) balance to show annual results and use of fund balance.

B. Identify revenue sources for the initial year of all capital projects.

C. Document and enter "Due-to" amounts in the General Fund 100 for all expenses awaiting grant fund reimbursement by increasing the assigned reserve balance.* D. Ensure a fund's fiscal year-end balance estimate is positive. *The City Council approved this budget principle in the last fiscal year. This principle is no longer necessary due to a change in grant administration. Staff now place grants into unique revenue funds to improve accounting and track individual grants more visibly over time.

Planned budget development calendar
The following budget calendar outlines the actions and dates planned for adoption of the City Council’s fiscal year 2023-24 budget. Due by dates are approximate provided that the budget workshop, public hearing, and adoption take place in June. The City is required to adopt its budget before July 1 of each year.

Fiscal Year 2023-24 Budget Development Calendar
Due date Description
April 25 City Council reviews and approves budget principles May 9 Draft capital improvement program (CIP) review
May 23 City Council workshop final report review
May 30 Budget portal open to public
June 1 Public budget workshop
June 13 Budget public hearing
June 27 Budget adoption
Aug. 15 Master fee schedule update
The City’s migration to an online budget portal through OpenGov substantially changed the budget development process and continues to provide more streamlined budget development and greater Page K-1.2
Staff Report #: 23-103-CC

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

General Fund five-year forecast
The General Fund five-year forecast (Attachment A) reflects adopted budgeting principles and assists the City Council with long-term strategic decisions for the City’s largest operating fund. The goal of the five-year forecast is to present the City Council with an outlook for a sustainable General Fund over the next five years. Revenue and expenditure assumptions in the forecast are based on current financial projections. The model received input from a variety of sources, including the executive team and expert consultants. For example, tax revenue projections are provided by HdL Companies, MuniServices, and the County of San Mateo.

The five-year forecast projects that total reserve balance trends downward from $32.5 million to $24.2 million over the five-year period. The City Council’s Emergency Contingency Reserve is maintained at the minimum policy level of 15% of the adopted budget. The Economic Stabilization Reserve falls below the minimum policy level of 20% of the adopted budget after fiscal year 2024-25. In addition, the unassigned reserve balance decreases to $0.25 million for the last three years of the forecast to maintain the necessary liquidity for cash flow to cover operating expenses. Note: The current forecast uses reserves to cover projected deficits. Alternatively, the City Council could strategically reduce personnel or operating expenses to structurally balance the budget over time. Additionally, final determination of use of American Rescue Plan Act (ARPA) funding is pending City Council direction.

Impact on City Resources
Preparation of the fiscal year 2023-24 annual budget is part of the City’s baseline services.

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. General Fund five-year forecast
Report prepared by:

Marvin Davis, Interim Finance Director
Brittany Mello, Administrative Services Director
Page K-1.3
City of Menlo Park
5 Year Financial Forecast: Attachment A
Fiscal Year 2022‐23 through 2027‐28

ATTACHMENT A
Page K-1.4
Revenues:

Property Taxes 5.8% HdL projection for 5 year secured, unsecured, VLF in lieu property tax Sales Taxes 4.0% MuniServices 5 year projection
TOT 5.0% HdL provides TOT audit and reviews forecast, includes citizenM Utility User Tax 0.0% Removed from forecast
Excess ERAF 0.0% Same level from forecasted fiscal year 2022‐23 level, no growth RPPTF 0.0% Using recent update from County of San Mateo, same level from forecasted fiscal year 2022‐23 level, no growthLicenses & Permits 4.0% Same level from forecasted fiscal year 2022‐23 level, projected 4% annual growth Other revenues 3.0% $1 million increase from forecasted fiscal year 2022‐23 forecast, projected 3% annual growth Charges for Services 2.0% Projected increase in demand for services Interest Income ‐ Based on maintaining portfolio balance Transfers (total over fiveyear period) $14,629,830
Expenditures:

Salaries and Wages 4.0% Subject to labor negotiations
Benefits ‐ Non PERS 3.0% CPI inflation adjustment
Benefits ‐ PERS (over fiveyear period)
‐ Based on most recent CalPERS actuarial report; Misc at ‐7.2%, Safety at ‐4% Vacancy factor ‐7.5% Equates to 19 FTEsServices, Repairs, etc 3.0% CPI inflation adjustmentOperating 3.0% CPI inflation adjustment Transfers (total over fiveyear period) $19,350,150
Staffing: FTEs 2024 2025 2026 2027 2028
General Administration 18.37 18.37 18.37 18.37 18.37
Administrative Services 19.48 19.48 19.48 19.48 19.48
Police 69.50 69.50 69.50 69.50 69.50Public Works 55.99 55.99 55.99 55.99 55.99 Library Services 52.50 52.50 52.50 52.50 52.50Community Development 34.50 34.50 34.50 34.50 34.50 Total 250.34 250.34 250.34 250.34 250.34
The objectives of the forecast are to demonstrate reserve levels after covering operating and capital project transfers. The forecast is developed as closely as possible to a cash flow projection rather than a full accrual estimate, thus excluding receivables, payables, depreciation, amortization, and certain unrealized gains & losses.

The details in this tool are used by management in forecasting receipts (revenues), disbursements (expenses) and cash reserves. The City maintains the accounting system in accordance with Generally Accepted Accounting Principles (GAAP) adopted by the Governmental Accounting Standards Board (GASB). The forecast period (2022‐23 thru 2028) uses the forecasted year 2022‐23 as the base.

Attachment A: City of Menlo Park
General Fund 5 Year Forecast (FY 2022‐23 thru 2028): Assumptions 2024 ‐ ARPA: $3.7 million (pending City Council direction on spending), 2025: Community Amenities Fund: $2 million, One‐time Developer In‐Lieu Fund: $2 million, California Employer's Retiree Benefit Trust (CERBT) $1 million and ongoing annually thereafter; Other: landscape, tree, park, solid waste support CIP support increases with Engingeering Construction Cost Index, estimated at 3% annual growth; Other: landscape, tree, park, solid waste support