Agenda — Menlo Park City Council, May 23, 2023 (part 2 of 3)

WHEREAS, the 2023 Southeast San Mateo County CBTP is not a “project” under the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Sections 15060(c) and 15378(b); and
WHEREAS, the recommendations identified in the 2023 Southeast San Mateo County CBTP may be considered, evaluated as appropriate under CEQA by the applicable decision-making body at a future time; and
NOW, THEREFORE, LET IT BE RESOLVED, that the City of Menlo Park City Council does hereby support the recommendations and responsibilities (seek funding for implementation and track progress) included in the 2023 Southeast San Mateo County Community Based Transportation Plan as they relate to its jurisdiction.

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-third day of May, 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 May, 2023.

Judi A. Herren, City Clerk
Page H-5.6
4 Southeast San Mateo County Community-Based Transportation Plan City/County Association of Governments of San Mateo County Figure ES-1 2005 and Current CBTP Study Area
I2
I2
I2
I2
·|}þ84
·|}þ82
Æþ101
Chestnut St
Menlo Park
Caltrain Station
Palo Alto
Caltrain Station
Atherton Caltrain
Station
Redwood City
Caltrain Station
Æþ101
2nd Ave
Euclid Ave
Broadway
Barry Ln
Florence St
High Rd
Blomquist St
University Dr
E Okeefe St
Newbridge St
Lincoln Ave
Arguello St
Elena Ave
Ravenswood Ave Santa Clara Ave
Cooley AveFair Oaks Ln Oak Grove Ave
Lytton Ave
Marsh Rd Chilco St
y Rd Ave mino Al Lago
Newell Rd
Main St
Ringwood Ave
Woodside Dr
Virginia Ave
nt Francis Way Whipple Ave
Willow Rd
Alameda de Las Pulgas
Middle Ave py
5th Ave
Seaport Blvd
ta Rd Cruz Ave
Woodland Ave
Atherton Ave
E Bayshore Rd
Alm
Embarcadero Rd
Hudson St Bay Rd
Selby Ln
raiso Ave Channing Ave
University Ave Middlefield Rd
Veterans Blvd
de Rd
El Camino Real
0 0.375 0.75 1.5
Miles
San Francisco
Bay

SANTA CLARA
COUNTY

EAST PALO ALTO

MENLO PARK

ATHERTON

REDWOOD CITY
SAN
CARLOS
North Fair Oaks
Menlo
Oaks

ATTACHMENT C
Page H-5.7
Southeast San Mateo County Community-Based Transportation Plan 65 City/County Association of Governments of San Mateo County Table 5-1 Recommended Pedestrian Projects and Plans
Recommendation Average
Score
Area
Need Score
Project
Potential
Score
Estimated
Cost
Implementation
Timeframe
Responsible
Agency
Close all sidewalk gaps on East Bayshore Road from Poplar Avenue to Euclid Avenue in response to pedestrian fatalities. 4.75 5 4.5 $50,000 to $75,000 ST East Palo Alto Perform safety audits and install intersection safety improvements such as signalization controls, pedestrian islands, flashing beacons, high-visibility crosswalks and/or physical traffic calming elements, at the following intersections:
● University Ave. and Runnymede St.
● Marsh Rd. and Bay Rd.
● Marsh Rd. and Middlefield Rd.
● Cooley Ave. and University Ave.
● Oakwood Dr. and East Bayshore Rd.
● Newbridge St. and Willow Rd.
● Willow Rd. and Ivy Dr.
● Willow Rd. and O’Brien Dr.
4 4.5 3.5 $4,000 to $15,000 per
intersection
ST
East Palo Alto,
Redwood City, City
of Menlo Park, San
Mateo County
Widen sidewalks, close all sidewalk gaps and install parking controls along West Bayshore Rd. between Cooley Ave. and Woodland Ave. in East Palo Alto. 4 4 4 $75,000 to $125,000 ST East Palo Alto Assess sidewalk deficiencies and implement feasible recommendations for new sidewalks on the west side of Pulgas Ave. from East Bayshore Rd. to University Avenue in East Palo Alto.

3.75 4.5 3 $100,000 to $200,000 MT East Palo Alto
Install Rectangular Rapid-Flashing Beacons (RRFB) with curb extensions at onand off-ramps on both sides of Highway 101 at the Whipple Ave. overcrossing in Redwood City.

3.75 3.5 4 $150,000 to $200,00 MT Redwood City,
Caltrans
Install a High-Intensity Activated Crosswalk (“HAWK”) and median improvements at intersection of SR 82 and Selby Lane in East Palo Alto. 3.5 4.5 3 $125,000 to $150,000 ST Atherton, Atherton.

San Mateo County
ATTACHMENT E Page H-5.8
66 Southeast San Mateo County Community-Based Transportation Plan City/County Association of Governments of San Mateo County Table 5-2 Recommended Bicycle and Micromobility Projects and Plans Recommendation Average
Score
Area
Need
Score
Project
Potential
Score
Estimated
Cost
Implementation
Timeframe
Responsible
Agency
Implement the North Fair Oaks bicycle boulevards network in the area between Middlefield Rd., 5th Ave., El Camino Real and the unincorporated County/ Redwood City limits, per the North Fair Oaks Bicycle and Pedestrian Railroad Crossing and Community Connections Study.

4.25 4.5 4 $3.5M to
$7M MT San Mateo County
Improve bike facilities on Seaport Blvd. by installing a Class I bike path from Broadway to East Bayshore Road, per the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Master Plan, and from Veterans Boulevard Highway 101 per RWC Moves. 4 4.5 3.5 $1M to $1.25M ST San Mateo County, Redwood City Install grade- separated pedestrian/bicycle crossing of Caltrain tracks in North Fair Oaks between 5th Avenue and Redwood City limits, labeled high-priority project in the 2021 Unincorporated San Mateo County Active Transportation Plan. 4 4.5 3.5 $10M-$15M LT San Mateo County, Caltrain Install Class IV cycle track on SR 82 (El Camino Real) between Finger Ave. and north of Berkshire Avenue per RWC Walk Bike Thrive. 4 5 3 $2.5M to $4M MT Redwood City
Install a Class IV bikeway on the segment of SR 82 (El Camino Real) that forms the border of North Fair Oaks, per the Unincorporated San Mateo County Active Transportation Plan. 4 5 3 $750,000 to $1.5M MT San Mateo County Fill missing bikeways gap on Middlefield Rd. between 5th Ave. and Town of Atherton with a Class II bikeway, per the Unincorporated San Mateo County Active Transportation Plan. 4 5 3 $500,000 to $750,000 ST San Mateo County Install Class IV facility on Brewster Avenue from Main St. to King St. to connect Sequoia High School and Caltrain transit center, per RWC Walk Bike Thrive. 3.75 4 3.5 $1M to
$1.5M ST Redwood City
Study upgrading the existing Class III bike route along Woodland Avenue in East Palo Alto to a Class IV or other separated bike facility and implement the most feasible option. 3.75 4 3.5 $750,000 to $2M ST East Palo Alto
Study bicycle and pedestrian network conditions and conflicts within ½ mile of Caltrain stations and major transit stops in the study area. Include recommendations for active transportation network improvements, infrastructure projects and micromobility programs designed to increase bike/ped safety and close “first-mile-last-mile” gaps.

3.5 4 3 $275,000 ST
C/CAG,
San Mateo County,
Redwood City
Develop a micromobility implementation guidebook for local jurisdictions to support efficient roll-out of bikeshare, e-scooter and other micromobility programs. The guidebook should include a framework for:
● Engaging community members to get input on preferred micromobility programs. ● Identifying type(s) of micromobility program(s) for maximum community benefit. ● Locating micromobility vehicle access and parking areas. ● Designing safe and accessible micromobility routes that close “first-mile-last-mile” transit gaps. ● Contracting with third party vendors.

3.5 3.5 3.5 $325,000 ST C/CAG
Page H-5.9
Southeast San Mateo County Community-Based Transportation Plan 67 City/County Association of Governments of San Mateo County Table 5-2 Recommended Bicycle and Micromobility Projects and Plans (Continued) Recommendation Average
Score
Area
Need
Score
Project
Potential
Score
Estimated
Cost
Implementation
Timeframe
Responsible
Agency
Upgrade the existing bike facility on Willow Road between Bayfront Expressway and Highway 101 to a Class IV separated bikeway, per the City of Menlo Park Transportation Master Plan. 3.5 3.5 3.5 $1M to $1.5 M MT City of Menlo Park Implement City of Menlo Park Transportation Master Plan project #178 and Catrans District 4 Bike Plan Project Number SM-101-X14: Design and develop a bicycle/pedestrian bridge over Highway 101 north of Marsh Road, with connections to Bay Trail and Bedwell/Bay Front Park.

3.5 4.5 3 $30M to
$35M LT Caltrans, Menlo Park
Install Class II buffered bike lanes on Marsh Road from Bay Road to Scott Drive in the City of San Mateo, per the 2020 San Mateo Transportation Master Plan. 3.5 3.5 3.5 $1.5M to $2M MT City of San Mateo Improve access to electronic bikes via equity programs for both shared e-bikes and individually owned e-bikes. 3.5 3.5 3.5 $50,000 to $500,000 MT
C/CAG, San Mateo
County, Redwood
City, East Palo Alto,
Menlo Park
Install buffered bike lanes on Alameda de las Pulgas, from Brewster Avenue to De Anza Avenue in Redwood City, as considered in RWC Walk Bike Thrive. 3.5 3.5 3.5 $500,000 to $1M MT City of Redwood City Install Class IV bikeways on Bay Rd. and Marsh Rd. in North Fair Oaks per the 2021 Unincorporated San Mateo County Active Transportation Plan. 3.25 4.5 2 $1.5M to $2M MT San Mateo County Bedwell Bayfront Park. City of Menlo Park Menlo Park City of Menlo Park Page H-5.10
Table 5-3 Recommended Transit and Paratransit Projects and Plans Recommendation Average
Score
Area
Need
Score
Project
Potential
Score
Estimated
Cost
Implementation
Timeframe
Responsible
Agency
Broaden awareness campaign of Clipper START program to include multi-lingual information at transit stops, stations and high-activity destinations in SESM Equity Priority Communities. 4.25 4 4.5 $15,000 to $30,000 ST MTC Implement a multi-lingual awareness campaign of SamTrans’ new East Palo Alto On-Demand Zone.

Potential riders should made aware of:
● How to download and use the program App
● How to use the service
● The difference between the On-Demand program and traditional bus service ● The On-Demand zone service area limits

4.25 3.5 5 $15,000 to $30,000 ST SamTrans
Implement transit-only lanes or transit signal priority infrastructure on Newbridge St., Bay Rd. and University Avenue from Menlo Park to the Palo Alto Transit Station to improve Caltrain access by Menlo Park and East Palo Alto residents.
4 5 3 $10M to $20M LT
SamTrans, East Palo Alto,
Menlo Park, Palo Alto, Caltrain,
San Mateo County
Implement a 2022 San Mateo County Paratransit Rider’s Guide “How-to Tour.” Introduce participants at senior centers, medical facilities and social service organizations to the basics of paratransit eligibility, sign-up, routing and ride process. 4 4 4 $10,000 to $20,000 ST SamTrans
Audit ground and curb conditions at bus stops and paratransit boarding areas at the following facilities to identify uneven sidewalks, lack of red paint and other parking/vehicle deterrents and missing or ADA noncompliant bus shelters:
● East Palo Alto Senior Center
● Ravenswood Health Clinic
● Kaiser Permanente Medical Center, Redwood City
● Fair Oaks Health Center
● Menlo Park VA Medical Center

3.75 3 4.5 $20,000 to $40,000 ST SamTrans
Develop implementation strategies for equity mobility programs that encourage mode shift, such as the 2021 101 Express Lanes Community Benefits Program. 3.75 4 3 $20,000 to $35,000 MT C/CAG, San Mateo County,
Redwood City, East Palo Alto,
Menlo Park
Add shelters to SamTrans route 296 stops at Middlefield Road and Fifth Avenue to improve shopping experience for those at Chavez Supermarket at 3282 Middlefield Rd., Menlo Park 3.75 3 4.5 $20,000 to $30,000 per stop ST SamTrans, City of Menlo Park
Survey physically and sensory-impaired visitors to hospitals, senior centers and social service facilities in SamTrans’ SESM Equity Priority Area to identify drop-off-to-destination (and reverse) wayfinding and access challenges and solutions.

3.5 3.5 3.5 $7,500 to $10,000 MT SamTrans
Add shelters to SamTrans route 270 stops at Bay Road and Fifth Avenue to improve shopping experience for those at Mi Tienda Market, 812 Fifth Avenue, Redwood City 3.5 3 4 $20,000 to $30,000 per stop ST SamTrans,
City of Redwood City
Decrease current 1+ hour headways of City of Menlo Park Belle Haven Shuttle by 25 percent. 3 3.5 2.5 $500,000 to $1M annually LT Menlo Park
Program an east-west running SamTrans route along 5th Avenue through North Fair Oaks to provide better connections from Middlefield Rd to SamTrans Routes 296 and ECR. 3 4.5 1.5 $1.5M to $3M start-up LT SamTrans
San Mateo County
Page H-5.11
70 Southeast San Mateo County Community-Based Transportation Plan City/County Association of Governments of San Mateo County Table 5-4 Recommended Safety Projects and Plans
Recommendation Average
Score
Area Need
Score
Project
Potential
Score
Estimated
Cost
Implementation
Timeframe Responsible Agency
Assess queuing impacts to public streets during peak drop-off/pick-up hours at:
● Belle Haven Elementary School
● Garfield Community School
● North Star Academy/McKinley
● Aspire East Palo Alto Charter School
● TIDE Academy

4.25 4 4.5
$10,000 to
$15,000
per school
ST
Ravenswood City School District,
Redwood City School District,
Aspire Public Schools, Sequoia
Union High School District, East
Palo Alto, Menlo Park,
Redwood City
Complete an assessment of pedestrian safety in North Fair Oaks North, including audits and recommendations for:
● Areas of dumping and/or blight
● Lighting “deserts”
● Poor sidewalk conditions

3.75 4 3.5 $25,000 to
$50,000 MT San Mateo County
Implement Safe Routes to School infrastructure, including traffic calming techniques such as lane narrowing, speed humps, bulb-outs, and rapid flashing beacons at:
● Belle Haven Elementary School
● Garfield Community School
● North Star Academy/McKinley
● Aspire East Palo Alto Charter School
● TIDE Academy
● Sequoia High School
● KIPP Esperanza High School

3.75 4 3.5
$300,000
to
$500,000
MT
Ravenswood City School District,
Redwood City School District,
Aspire Public Schools, Sequoia
Union High School District, KIPP
Public Schools, East Palo Alto,
Menlo Park, Redwood City
Support the completion of Objective 4, Data Gathering, and Objective 5, Engineering Routes to School, of the East Palo Alto Safe Routes to School 5 Year Work Plan.

3.75 4 3.5 $40,000 to
$80,000 ST East Palo Alto
Increase safety for students of Menlo-Atherton High School who live in East Palo Alto and Belle Haven, via improved bike/ped infrastructure on Coleman Ave. and Ringwood Ave. in unincorporated Menlo Oaks and Menlo Park, per 2023 Coleman/Ringwood Transportation Study.

3.25 3.5 3 $3M TO
$6M ST San Mateo County
City of Menlo Park
Page H-5.12
Southeast San Mateo County CBTP Annual Tracking Worksheet CBTP Adoption Date:

Number of Pedestrian Projects: 14
Tracking Start Date:

Number of Bicycle and Micromobility Projects: 16
Number of Transit and Paratransit Projects: 11 Tracking End Date:

Number of Safety Projects: 5
Jurisdiction: Total Number of Recommended Projects: 46
Project Actions or Milestones
Project Name
(Projects may be repeated to accommodate
multiple milestones)
Category (Check 1 for each row)
Milestone Description and Date
Funding Local Adoption/
Programming Implementation
Total Projects Currently Tracked:

ATTACHMENT F Page H-5.13
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-124-CC
Consent Calendar: Authorize the city manager to execute an amendment to the professional services agreement
with Optony, USA
Recommendation
Staff recommends that the City Council authorize the city manager to execute an amendment to the threeyear master agreement with Optony Inc. (Optony) to allocate an additional $40,000 for Menlo Park Community Campus (MPCC) project management this fiscal year and increase the annual amount not to exceed from $130,000 to $175,000 per year for the remaining term of the master services agreement. The proposed amended master agreement is included as Attachment A.

Policy Issues
Use of multiyear master agreements assist in the timely delivery of multiyear projects. The City Council also adopted Climate Action Plan (CAP) with a bold goal to be carbon neutral by 2030. Currently, a multiyear master agreement provides assistance with CAP strategy goal No. 5 calls for the City to eliminate fossil fuels from its operations.

Background
The City Council approved the installation of clean energy infrastructure for the MPCC project at its Jan. 11, 2022 meeting. The contract was awarded to ENGIE to design and install solar and battery storage, electric vehicle (EV) charging, and electric pool heating at 100 Terminal Ave.

Due to the project’s technical nature and its project delivery schedule, the City Council authorized a master services agreement with Optony (Attachment B) for $130,000 per year for three years to support project management. Optony’s scope also included technical support to support the City in eliminating greenhouse gas emissions from the City’s vehicle fleet and buildings, and exploring methods to reduce costs to electrify buildings and vehicles. The Jan. 25, 2022 City Council staff report authorizing the agreement with Optony is included as Attachment C.

To avoid project delivery delays, an additional $40,000 is needed for this fiscal year (ending June 30) for work outside of the original MPCC scope, and an increase in the annual contract amount from $130,000 per year to $175,000 for the remaining term of the agreement (ending Jan. 31, 2025) to support ongoing MPCC assistance and implementation of municipal greenhouse gas reduction strategies aligned with CAP strategy goal No. 5.

Analysis
Optony’s year-to-date expenditures through March 31 are $121,018. They have completed the following AGENDA ITEM H-6 Page H-6.1
Staff Report #: 23-124-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org tasks:
• Design review for the clean energy infrastructure at MPCC and Kelly Park • Provided additional studies to verify solar thermal system and air source heat pump outputs • Provided additional support for compiling information regarding potential contract change orders • Developed the scope of the police department’s Tesla patrol pilot • Provided an initial analysis of cost and potential savings for city operations to achieve carbon neutrality by 2030
• Analyzed the electrical infrastructure at City Hall and the corporation yard for fleet EV charging • Provided tools to develop the immediate and long term fleet EV charging plans • Provided on-call support and analysis (e.g., review of incentive program requirements for EV charging, support on calls with PG&E and Willdan Engineering regarding Burgess pool electrification) Optony has been critical to the MPCC project team and a source of institutional knowledge, helping to maintain progress and ensure consistent coordination with partner organizations like Meta and ENGIE.

Optony has provided, and is expected to continue to provide, additional support beyond their original scope this fiscal year, requiring an additional $40,000. The completed work included:
• Evaluating structural columns for solar carports
• Evaluating changes in EV charger models
• Evaluating changes to the microgrid electrical equipment, • Reviewing reports addressing noise impacts from air-source heat pumps for the pool and • Evaluating change orders due to supply chain issues and project schedule delays.

The original agreement included an average budget of approximately $50,000 per year for MPCC project support. The increased activities are expected to continue through the first half of the next fiscal year. The increased project management scope is estimated at $51,000 for next fiscal year, for a total of $101,000 of the proposed $175,000 contract amount.

Optony has also played an important role in the analysis of existing conditions, development of strategies to meet CAP No. 5 goals to eliminate fossil fuels from city operations and support to participate in incentive or technical assistance programs for building and fleet electrification. The original contract had an average budget of $75,000 per year for tasks related to CAP support. It is anticipated that this amount will be needed for various activities. Staff are proposing to restructure the agreement to designate the remaining budget for on-call services to support CAP projects, such as: developing a plan for the electrification of the Belle Haven Child Development Center, peer review and support through the PCE Solar and Battery Program, developing a request for proposals (RFP) for the electrification of the Burgess Campus, including the Burgess Aquatic center pool, supporting the immediate EV charging plan with project management services through construction, and/or evaluating new electric heavy vehicles and equipment. Staff would prioritize projects to utilize the on-call services from this list, as the budget would not cover completion of all projects listed.

The increased scope for MPCC project management requires increasing the annual contract amount from $130,000 to $175,000 to accommodate the additional MPCC needs and maintain the current scope for oncall services at the same costs.

Impact on City Resources
Optony’s project management and technical assistance services increase staff’s capacity to work on other CAP priorities. Costs for Optony’s on-call services to support CAP projects will be included as part of the Page H-6.2
Staff Report #: 23-124-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org upcoming City Council budget adoption process through specific Capital Improvement Projects related to eliminating fossil fuels from City operations such as fleet EV charging, Belle Haven Child Development Center electrification, and Burgess Campus electrification. Additional funds are being requested for the MPCC project to cover change orders on the main construction project and will include requests for the clean energy project management portion of the projected consultant service needs.

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. Proposed amended master agreement with Optony
B. Agreement No. 3631 Approved master agreement with Optony C. Hyperlink – Jan. 25, 2022 City Council staff report: menlopark.gov/files/sharedassets/public/agendasand-minutes/city-council/2022-meetings/agendas/20220125-city-council-agenda-packet.pdf#page=18 Report prepared by:

Ori Paz, Management Analyst II
Report reviewed by:

Rebecca Lucky, Sustainability Manager
Tanisha Werner, Assistant Public Works Director
Page H-6.3
1 CC Rev 20230523

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 OPTONY INC.

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 OPTONY INC., 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: Climate action plan implementation support for on-going clean energy and electrification related consulting 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.

ATTACHMENT A Page H-6.4
2 CC Rev 20230523

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $175,000 annually 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 H-6.5
3 CC Rev 20230523

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:

Rebecca Lucky
City Manager’s Office, Sustainability Division
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6720
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Byron Pakter
Optony, Inc.
5201 Great America Pkwy., Suite 320
Santa Clara, CA 95054
(510) 705-2811
[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 H-6.6
4 CC Rev 20230523

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 H-6.7
5 CC Rev 20230523

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 H-6.8
6 CC Rev 20230523

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 May 23, 2023 through January 31, 2025 unless extended, amended, or terminated in writing by CITY.

Page H-6.9
7 CC Rev 20230523

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 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, Interim City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
Page H-6.10
8 CC Rev 20230523
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s City Manager’s Office. 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.

Page H-6.11
9 CC Rev 20230523
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 H-6.12
10 CC Rev 20230523
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.

Page H-6.13

TASK NAME BUDGET DESCRIPTION OF SERVICES TO BE PROVIDED Task 1: MPCC
Design and Project
Management
$101,000
Ongoing project management tasks for MPCC design and
construction: Attending/scheduling meetings; Evaluating contractor change orders; Tracking incentive/funding
applications; As needed design review and construction
management
Addi�onal Project Support Op�ons Offered

TASK NAME BUDGET DESCRIPTION OF SERVICES TO BE PROVIDED Task 2:

Facilities
Electrification
Roadmap
$5,000
Respond to questions and data requests from City
reviewers/stakeholders
Task 3:

Immediate EV
Charging and PD
Pilot
$24,000
RFP development review and comments; Construction
oversight of EV charging at PD/Corp Yard
Task 4:

Belle Haven Child
Development
Center Building
Electrification
$16,000
Development of RFP
Task 5:

Burgess Pool
Heating
Electrification
$29,000
Project feasibility study, peer review as needed, RFP
approach and RFP outline
EXHIBIT A-1 - SCOPE OF SERVICES
Page H-6.14
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 OPTONY INC.

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.

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

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).
3631
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ATTACHMENT B Page H-6.15
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $130,000 annually 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.

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.

Rebecca Lucky
City Manager’s Office, Sustainability Division
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6720
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

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4 CC Rev 20210301

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

2. Liability insurance:

3. Professional liability insurance:

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.
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5 CC Rev 20210301

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

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.

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.
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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.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of February 1, 2022 through January 31, 2025 unless extended, amended, or terminated in writing by CITY.

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7 CC Rev 20210301

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.

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, Interim City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
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$!#!$"$$
+"Ȁ"&&*)'"
.HB@?Ā46=D8B
$!$!$"$$
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Page H-6.21
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1. SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s City Manager’s Office. 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:

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.

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 Sustainability Manager. 0@7E5<:?Ā1?F8>@A8Ā20,Ā).)01$+"Ȁ)/%(Ȁ&".%Ȁ*-''Ȁ$'"()+%'"#)+ Page H-6.22
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.

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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:

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:

B3.4 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.

B3.9 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.
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Delivery by email
Thursday, January 13, 2022:

[email protected]
Rebecca Lucky, Sustainability Manager
City of Menlo Park
Presented by:

Byron Pakter, CEO Optony Inc.

[email protected]
Conserve Resources by Using Recycled Paper When Printing This Proposal Proposal for:

Master Services for On-going Clean Energy &
Related Consulting Support
Presented to:

City of Menlo Park
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Page 1 of 5 ends

Cover Letter
Good Day Ms. Lucky,
Optony is pleased to offer continued support for the City of Menlo Park on a Task Order basis within a Master Services Agreement, with the understanding that the cost and scope of each new Task Order will be submitted and approval will be received from the City before starting any work.

The firm is prepared to provide services for any, or all, of the City’s needs regarding General On-call Technical Energy Consulting and Project Management with a focus on the following areas:
MPCC Microgrid Project Management
City Facilities Electrification and Resilience Roadmap Planning Tesla EV Pilot Analysis and Project Management, and General Vehicle Electrification Planning EV Infrastructure Procurement Support
Low-Income Electrification Demonstration Projects
Optony’s project management capabilities match well with these desired scopes of service. We have supported Menlo Park, and dozens of other public agencies in California with similar advanced projects, including managing the current procurement of the Menlo Park Community Campus microgrid. Optony was selected by the City of Palo Alto to create a plan to decarbonize their fleet, and Optony has also recently been selected as part of an open competitive bid process to provide a plan to decarbonize fleet and municipal operations at the City of San Luis Obispo.

Optony’s team brings the technical knowledge needed in microgrids, all electric development, community resiliency and energy efficiency. Additionally, we are an independent clean energy consultant with a focus on supporting public agencies through complex energy projects from beginning to end.

Please do not hesitate to contact me to discuss next steps and how we can tailor our services to meet your needs.

Sincerely,
Byron Pakter, Optony Inc.
5201 Great America Pkwy.,
Suite 320, Santa Clara, CA 95054

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Page 2 of 5 ends

Background of the Firm
Optony is an award-winning independent energy advisory consulting firm founded in 2008 and in operation continuously for 15 years. Optony has assisted hundreds of clients worldwide with clean energy planning and program development and has been instrumental in the success of clean energy developments through services in feasibility, site evaluation, financial analysis, procurement, policy development, or a combination of these tasks. Optony has provided expert site assessment, financial feasibility assessment, contracting and project monitoring services since its founding. In recent years, Optony’s work has evolved into the field of battery energy storage, microgrids, and electric vehicles.

Summary of Expected Workplan Items to be Performed
For clarity the Task numbers here continue to follow the existing Menlo Park service agreement workplan. Note that “Task 1” from the original workplan has already been completed.

Continuing MPCC Microgrid Project Tasks (Feb 2022 – Dec 2023) Task 2. Engineering Review and Construction Quality Management of Solar Microgrid City Facilities Electrification and Resilience Roadmap Planning (Start date TBD, Task duration 12 months) Task 3. Produce a high-level roadmap for fleet and equipment electrification with a mid-term time horizon of 2030.

Vehicle Electrification Planning, Analysis and Project Management (estimated, Feb 2022 – Sept 2022) Task 4. Support for immediate charging stations needed for the 3 Tesla patrol vehicles by summer 2022, and EV pilot analysis and support
Additional On-call Technical, Project Management and Procurement Support (Feb 2022 – Jun 2024) Task 5. Support for building electrification, clean energy, EV infrastructure, low-income electrification, resiliency demonstration projects, general microgrid guidance for City facilities planning, site-specific microgrid designs, and other as-needed assistance

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Proposed Fees, and Estimated Project Staffing Hours
Total Task Order Estimates all Years
Task 2. $149,898
Task 3. $86,258
Task 4. $58,179
Task 5. TBD
Total MSA Budget Not to Exceed $295,000
Principal
---
B. Pakter
Director
---
J. Whelan
Manager
---
S. Hill-Cristol
Sr. Analyst
---
L. Fernandez
Assoc. Analyst
---
A. Craparotta
$ 325/hr $ 200/hr $ 185/hr $ 175/hr $ 165/hr

2. MPCC Design & Project Management $20,963 $17,200 $0 $0 $10,643 $48,805 Hours 64.50 86.00 - - 64.50 215

3. Facilities Electrification Roadmap $13,975 $0 $15,910 $3,763 $3,548 $37,195 Hours 43.00 - 86.00 21.50 21.50 172

4. Immediate EV Charging and PD Pilot $13,975 $0 $19,888 $7,525 $7,095 $48,483 Hours 43.00 - 107.50 43.00 43.00 236.5
YEAR ONE (FEB 2022 - JUN 2022)
Task Description
Estimated Staff Hours & Cost by Task
Year
Sub-total
by Task
Principal
---
B. Pakter
Director
---
J. Whelan
Manager
---
S. Hill-Cristol
Sr. Analyst
---
L. Fernandez
Assoc. Analyst
---
A. Craparotta
$ 335/hr $ 210/hr $ 195/hr $ 185/hr $ 175/hr

2. MPCC Design & Project Management $10,084 $18,963 $0 $0 $15,803 $44,849 Hours 30.10 90.30 - - 90.30 210.7
Task Description
Estimated Staff Hours & Cost by Task
Year
Sub-total
by Task
YEAR THREE (JUL 2023 - JUN 2024)
Principal
---
B. Pakter
Director
---
J. Whelan
Manager
---
S. Hill-Cristol
Sr. Analyst
---
L. Fernandez
Assoc. Analyst
---
A. Craparotta
$ 330/hr $ 205/hr $ 190/hr $ 180/hr $ 175/hr

2. MPCC Design & Project Management $17,028 $21,156 $0 $0 $18,060 $56,244 Hours 51.60 103.20 - - 103.20 258

3. Facilities Electrification Roadmap $9,933 $0 $28,595 $0 $10,535 $49,063 Hours 30.10 - 150.50 - 60.20 240.8

4. Immediate EV Charging and PD Pilot $2,795 $0 $3,978 $1,505 $1,419 $9,697 Hours 8.60 - 21.50 8.60 8.60 47.3
Estimated Staff Hours & Cost by Task
Year
Sub-total
by Task
YEAR TWO (JUL 2022 - JUN 2023)
Task Description
0@7E5<:?Ā1?F8>@A8Ā20,Ā).)01$+"Ȁ)/%(Ȁ&".%Ȁ*-''Ȁ$'"()+%'"#)+ Page H-6.28

Page 4 of 5 ends

Key Personnel
The key personnel who will work on the City of Menlo Park are profiled in brief below. Full resumes or additional project references area available if desired. Optony support staff may be used on as-needed basis.

Byron Pakter, Chief Executive and Director of Program Development Byron Pakter will be the officer in charge of this Master Service Agreement. He is an expert in microgrids and electrification. He is also active on renewable planning and compliance in WECC as a member of the Western Renewable Energy Generation Information System (WREGIS) Stakeholder Advisory Committee. He was the team lead on integrated resource planning work for East Bay Community Energy’s business plan for local resource development. His work influenced and informed the IRP sections on methodology; procurement and scheduling development impacts; new generation; analysis of risks and mitigations; and analysis of strategies for enhancing long-term stability and reliability. He is coauthor to energy economics development research and strategy for wind, solar, and advanced energy technologies, prepared for the Governors’ offices of Colorado, Iowa, and Virginia. He holds a Master of Engineering in Advanced Energy Technology and a Bachelor of Science in Mechanical Engineering, both from the University of California, Berkeley.

Jonathan Whelan, Director and Chief Officer of Operations Jonathan Whelan will be Optony’s responsible agent in project management for consultancy services with the City of Menlo Park. He is well known for his rigorous project management methodologies; and meeting short deadlines with tight project scheduling and efficient lines of communication. Throughout the project term he will manage accountability for action items, as well as share and maintain project status timelines and milestone progress.

Mr. Whelan is a veteran of multiple energy resource planning programs for public agencies. He is known as a pioneering leader in multi-jurisdictional solar PPA brokerage and negotiations. Over the course of the last ten years, he has assisted dozens of municipal agencies to achieve some of the most favorable PPA contract terms seen in the industry. He holds a Bachelor of Science in Business Administration and Biology, with Minor in Environmental Studies from Trinity University. 0@7E5<:?Ā1?F8>@A8Ā20,Ā).)01$+"Ȁ)/%(Ȁ&".%Ȁ*-''Ȁ$'"()+%'"#)+ Page H-6.29

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Sam Hill-Cristol, Energy Program Manager
Mr. Hill-Cristol serves as a Project Manager and Energy Analyst at Optony. Mr. HillCristol has worked in all facets of the renewable energy -- public policy nexus and uses that experience to interface with public and private stakeholders in order to catalyze clean technology deployment at the local level. Prior to joining Optony, Mr. Hill-Cristol served as the Sustainable Energy & Transportation Associate at Alameda County, where he led the County’s efforts to overcome the charging constraints hindering efforts to achieve mass deployment of electric vehicles in their fleet. He is the lead author of a paper analyzing how energy markets could support utility scale battery storage deployment in the New England ISO. He holds a Bachelor of Arts in Environmental Studies, with Honors, from Brown University.

Luis Fernandez, EV and Energy Storage Analyst
Luis oversees technical site assessments, technical and economic modeling efforts to incorporate the most up to date information. He leads analytical tasks such as solar PV technical project design, DER financial modeling, electric vehicle data analysis, and optimization for economic valuations of IFOM energy storage applications. He specializes in electric vehicle and energy storage market research. Throughout his career, she has developed an interest in wholesale electricity markets and utility rate design as they relate to renewable energy, battery storage and electric vehicles. He holds a Master of Engineering from UC Berkeley, and a Bachelor of Science in Mechanical Engineering from the University of Notre Dame.

Amanda Craparotta, Associate Energy Analyst
Amanda provides policy and incentives research, project management, as well as technical and economic modeling. She leads data collection and integration for solar PV procurements and electric vehicle fleet planning. At Optony, she has contributed to multi-jurisdictional clean energy procurements in California, and supports fleet electrification vehicle feasibility and replacement suitability studies nationally. Her background in data security and Geographic Information Systems (GIS) add to her capacities in product and program evaluations. She holds a Bachelor of Arts from Virginia Polytechnic Institute in National and Security Studies. 0@7E5<:?Ā1?F8>@A8Ā20,Ā).)01$+"Ȁ)/%(Ȁ&".%Ȁ*-''Ȁ$'"()+%'"#)+ Page H-6.30
Community Development

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

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-123-CC
Public Hearing: Consider a City Council call-up of the Planning Commission denial of a use permit to allow electric
pool heating equipment to exceed the nighttime
noise limit at 100 Terminal Ave.

Recommendation
Staff recommends that the City Council consider and uphold the Planning Commission’s denial of a use permit to allow electric heating equipment for the Menlo Park Community Campus (MPCC) swimming pools, located at 100 Terminal Avenue, to exceed the nighttime noise limits measured from residential property lines. The draft resolution is included as Attachment A.

Staff further recommends that the City Council direct staff to install the electric heating equipment at the MPCC swimming pools as designed, then conduct live measurements of the actual sound levels produced by the equipment as installed. If the actual sound levels produced by the installed equipment exceed the nighttime noise limits when measured from residential property lines, then return to City Council for authorization to implement one or more of the post-installation sound mitigation strategies recommended in this report, including a potential new sound wall at the residential property lines, and/or operational adjustments to preheat the pools during daytime hours and retain the heat through the night with pool covers. The heating equipment would not exceed the daytime limitations of the noise ordinance, so the heating equipment could be installed and operate during daytime hours without use permit approval.

Policy Issues
Each use permit request is considered individually. The City Council should consider whether the required use permit findings can be made for the proposal. The use of all-electric equipment in the MPCC facility is consistent with the City’s Climate Action Plan to eliminate use of fossil fuels in city operations by 2030.

Background
In an effort to further the City’s environmental policies and goals and in accordance with the Climate Action Plan, the MPCC building was designed to achieve LEED Platinum and the entire development, including the new pool facilities, was designed to not require use of natural gas. These decisions were guided by a desire to reduce emissions and improve air quality by reducing the use of natural gas.

Project location
The project site is located at 100 Terminal Ave. in the P-F (Public Facilities) zoning district. The project site is bordered by the Dumbarton rail corridor to the north, U.S. Highway 101 to the west, Beechwood School and residences in the R-2 (Low Density Apartment) zoning district to the east, and a Pacific Gas and Electric (PG&E) substation and other residences in the R-1-U zoning district to the south and southeast. A location map is included as Attachment B.

AGENDA ITEM I-1 Page I-1.1
Staff Report #: 23-123-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Project description
Chapter 8.06 of the Menlo Park Municipal Code (MPMC) regulates noise, and places limitations on noise emanating from any source measured at residential property lines at 60 decibels (dBA) during daytime hours (between 7 a.m. and 10 p.m.) and 50 dBA during nighttime hours (between 10 p.m. and 7 a.m.). §8.06.050 enumerates certain exemptions from the noise limitations, including for any use for which a use permit is granted that specifically allows noise levels to be exceeded. Between 7 a.m. and 10 p.m., athletic fields, playgrounds and other public recreation facilities are exempt from the noise ordinance according to §8.06.050(g). The applicant proposed to exceed the maximum nighttime noise limit for the pool heating equipment at MPCC based on initial modeling results that indicated they would need to run overnight to maintain the pool’s desired temperature for early morning swimming.

The heating equipment, as currently designed, consists of five air source heat pumps (ASHPs) that would be located on the southern side of the new MPCC building. If all five ASHPs were running, the noise was estimated to exceed 50 dBA at residential properties along Del Norte Avenue and Terminal Avenue. The noise would not exceed the daytime limit of 60 dBA at any residential property line. An in-depth analysis of the proposed project is included in the staff report from the April 24 Planning Commission meeting (Attachment C).

Planning Commission review
On April 24, the Planning Commission denied the use permit to exceed the maximum nighttime noise limits of 50 dBA. In denying the use permit, the Planning Commission found that allowing the pool equipment to exceed the nighttime noise limit would be detrimental to the health and welfare of the residents residing in the affected area because they would be exposed to increased noise levels on an ongoing basis, which could affect sleep patterns and general comfort. The Planning Commission had previously reviewed the project October 3, 2022, February 27, and March 27. Before the February, March and April meetings, staff conducted door-to-door outreach to residents along Del Norte Avenue to ensure they were aware of the meeting and proposal. Throughout the series of Planning Commission meetings, the City investigated alternative locations for the heat pumps, explored options to enclose them to reduce the noise, and considered the impacts on pool operations. Additional alternatives are described further in the Analysis section below. An in-depth recap of the Planning Commission discussions at each meeting is included in the staff report for the April 24 Planning Commission meeting (Attachment C), and an excerpt of the draft minutes form the April 24 Planning Commission meeting is included as Attachment D.

City Council call-up of the Planning Commission action
MPMC 16.86.025 states that the City Council or any member of the City Council may call up any final decision of the Planning Commission by filing a notice of call-up with the city clerk within 15 days of the Planning Commission action. On May 3, Vice Mayor Taylor requested to call up the Planning Commission’s action to allow the full City Council to discuss the use permit further.

Analysis
Pool modeling
The MPCC pool designer, PACE, provided the original pool modeling that was described in the Project Description Letter (Attachment A, Exhibit B) and discussed at the Planning Commission meeting February

27. The model was based on conservative assumptions, and used monthly average temperatures and heating times that were calculated over a 24-hour period (no daily or hourly data was provided). The use of a pool cover was not included in the modeling. Because there was no hourly data yet available to indicate when the heat pumps would need to be operated, the application for the use permit was intended to provide maximum flexibility in usage of the ASHPs and therefore, maximum flexibility in the hours of operation of the Page I-1.2
Staff Report #: 23-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov swimming pools for use by Menlo Park community members.

Upon denial of the use permit, additional pool modeling and mitigation measures have been explored by the applicant. The City sought further refinement of the modeling, and asked its energy consultant, Optony, to run a simulation of estimated pool temperatures on an hourly basis. Optony modeled a weather-variable hourly temperature simulation to align with the heat load provided by PACE. Optony estimated that in a normal year, the combined ASHPs plus solar thermal system can provide sufficient overnight heating without needing to run the ASHPs overnight. The consultant also estimated the weather limits in which the pool system, as currently designed, could operate during exceptionally cold weather:
• The instructional pool was estimated to operate normally until temperatures fall 4 degrees Fahrenheit below normal (minimum 33 degrees overnight air temperatures); according to National Oceanic and Atmospheric Administration (NOAA) data from San Francisco, daily minima below 33 degrees occurred five days in the last 50 years, and 17 days in the last 100 years • The lap pool was estimated to operate normally until temperatures fall nine degrees Fahrenheit below normal (minimum 28 degrees overnight air temperatures); this daily minimum has occurred twice in the last 100 years in San Francisco
With the heat pumps turned off at night, there would be a very slim chance that the pools would not be at the required temperature upon opening.

Potential mitigation measures
Sound walls
Sound walls are a proven effective measure that would reduce the noise levels produced by the ASHPs. A sound wall could be a concrete masonry unit (CMU) block wall or a wooden fence with a mass loaded vinyl inner layer. In the currently designed location, in between the building face and the PG&E property line, a sound wall enclosure would not fit around the air ASHPs. The heat pumps require six feet of clear distance from a solid wall for proper airflow and efficient operation.

A sound wall placed between the ASHPs and the residences, however, would be feasible and would provide a significant measure of noise mitigation. The estimated cost for design and construction of a seven-foot tall mass loaded vinyl wooden fence along the length of the residential property lines (approximately 540 linear feet) is approximately $200,000. Preliminary estimates indicate that a seven-foot tall fence would reduce the noise levels from over 50 dBA to 49 dBA for first-story occupants. In residential zoning districts, fence and wall heights are limited to seven feet. If the sound wall were proposed to be taller than seven feet, a use permit would be required to be granted to allow for the taller fence height along the residential property lines. Attachment E shows the potential location, preliminary estimates of dBAs, and pictures of the mass loaded vinyl fence. There currently exists sections of both wooden and chainlink fence along the entire length of the residential property lines; a new sound wall would replace the existing fences, some of which could benefit from replacement.

Relocation of equipment
The ASHPs with a sound wall enclosure would physically fit on the west side of the building, closer to the Kelly Park running track, new youth center, new children’s play area, and new children’s library courtyard (Attachment F). However, the clearance to the running track would be just four feet. The recommended safety zone is 3.2 feet (one meter) along the long sides of the track, and 6.4 feet (two meters) along the short sides, according to the World Athletics Track and Field Facilities Manual (2019). Relocation may require removal of 3-4 additional heritage trees, and a building permit revision would be required. The cost for the sound wall plus additional pipe routing to the new location would be approximately $200,000. The system would be less efficient due to the increased distance to the pool building, which may increase the ASHP run time. Additionally, noise impacts to the children’s play area, youth center, children’s library Page I-1.3
Staff Report #: 23-123-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov courtyard, and running track users would need additional study, as would potential impacts to the MPCC project completion timeline. For these reasons, relocation to the west side of the building is not recommended.

Upsizing of solar thermal heating system
The solar thermal heating system will provide heated water from collectors located on the solar panels to the pool. This system will be in continuous operation, pumping heated water directly from the collectors to the pool during the day, and heating water via the solar thermal pump (located in the pool equipment building) during the night. The system is designed to provide the required heating to the pools in all but the coldest temperatures, with the ASHPs providing additional heating as needed. The solar thermal system could potentially be upsized by adding additional collectors to the solar panels and upsizing the solar thermal pump, thus reducing the dependence on the ASHPs. The cost to upsize the system would be approximately $250,000, plus a potential additional cost to upsize the electrical panel. The schedule delays would be significant and would likely affect the pool opening, as a building permit revision would be required and there are long lead times for the equipment. The solar thermal system could be retrofitted (at generally the same cost) after installation if needed or desired, with construction causing little or no impact to pool operations. For these reasons, upsizing the solar thermal heating system is not recommended at this time.

Construction schedule
The ASHPs were scheduled to be installed the week of June 23, with the concrete pad preparation work starting May 15. On May 10, the contractor was directed to stop work associated with the ASHPs until the city provides further direction.

City Council options on the call-up
Per §16.86.040 of the zoning ordinance, the City Council may affirm, reverse, or modify the decision of the Planning Commission. To reverse or modify the Planning Commission’s decision shall require the affirmative vote of three-fifths of the City Council (or three City Councilmembers.) If the City Council does not take any action on the call-up, the Planning Commission’s action shall be deemed affirmed. The City Council’s action would be considered final and the decision may not be appealed. Per §16.82.200 of the zoning ordinance, a use permit application for substantially the same project on the same property may not be considered within one year of the date of denial.

Correspondence
Staff has not received any additional items of correspondence on this item as of publication of the staff report.

Conclusion
Staff believes that the conditions that formed the basis of the Planning Commission’s denial of the use permit have not changed since the Planning Commission’s action on the project. The applicant is actively investigating sound mitigation measures, such as a sound wall, which would bring the noise level at the residential properties below the nighttime noise limit and operational adjustments, which would eliminate the need to run the electrical heating equipment during the nighttime hours.

Staff recommends the City Council uphold the Planning Commission’s denial of the use permit, and further recommends that the City Council direct staff to install the electric heating equipment at the MPCC swimming pools as designed, then conduct live measurements of the actual sound levels produced by the installed equipment. If the actual sound levels produced by the equipment as installed exceed the nighttime noise limits when measured from residential property lines, then return to City Council for authorization to implement one or more of the post-installation sound mitigation strategies recommended in this report. If the actual measurements showed the noise levels exceeding the nighttime noise limits, the heat pumps would Page I-1.4
Staff Report #: 23-123-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov not be permitted to run overnight unless mitigation strategies were installed that reduced the noise along the residential property lines.

Impact on City Resources
Development fees have been waived per the agreement with Meta for the funding and construction of the MPCC. The pool components of the project, and any additional analysis or mitigation measures to address potential noise issues, is fully the City’s financial responsibility.

Environmental Review
The project is categorically exempt under Class 2 (§15302, “Replacement or Reconstruction”) of the current California Environmental Quality Act (CEQA) Guidelines.

Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a 300-foot radius of the subject property.

Attachments
A. Draft City Council resolution upholding the Planning Commission’s denial of the project use permit Exhibits to Attachment A:

A. Project plans
B. Project description letter
B. Location map
C. Hyperlink – April 24, 2023 Planning Commission staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/planning-commission/2023- meetings/agendas/20230424-planning-commission-agenda-packet.pdf D. Excerpt of draft minutes from the April 24 Planning Commission meeting E. Sound wall exhibit
F. ASHPs at sand pit area
Report prepared by:

Chris Turner, Associate Planner
Theresa Avedian, Senior Civil Engineer
Report reviewed by:

Deanna Chow, Assistant Community Development Director
Sean S. Reinhart, Library and Community Services Director Page I-1.5
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

DENYING A USE PERMIT TO ALLOW POOL HEATING EQUIPMENT TO

EXCEED THE NIGHTTIME NOISE LIMIT MEASURED AT RESIDENTIAL

PROPERTY LINES
WHEREAS, the City of Menlo Park (“City”) received an application requesting to be permitted to exceed the noise limits established in Section 8.06.030 of the Menlo Park Municipal Code at a parcel in the in the P-F (Public Facilities) zoning district, (collectively, the “Project”) from the City of Menlo Park (“Applicant”), located at 100 Terminal Avenue (APN 055-280-040) (“Property”); and
WHEREAS, the Property is located in the Public Facilities (P-F) district; and WHEREAS, the Property is currently under construction as part of the new Menlo Park Community Campus (MPCC) project; and
WHEREAS, the proposed pool heating equipment would be all-electric. Electric pool heating equipment is noisier than natural gas pool heating equipment and, as proposed, would exceed the maximum nighttime noise limit of 50 dBA measured at residential property lines; and WHEREAS, Section 8.06.050 of the Menlo Park Municipal Code includes an exemption from the noise limitations for projects that are granted a use permit that allows noise limits to be exceeded; and
WHEREAS, the Planning Commission reviewed the project at the October 3, 2022 meeting and continued the item with the direction to study alternative methods of heating, noise-dampening barriers, and alternate locations for the equipment in addition to conducting outreach to the affected community; and
WHEREAS, the Applicant completed robust outreach to the neighboring properties, including door-to-door outreach, to receive feedback from residents who would be affected by the amplified noise and inform them of the public hearing, and 11 persons commented in opposition to the project at the February 27, 2023 meeting; and
WHEREAS, the Planning Commission reviewed the project at the February 27, 2023 meeting and considered additional analysis regarding alternative options for the equipment and continued the item with the direction to prepare a resolution denying the use permit for the Project because the required findings could not be made; and WHEREAS, the Planning Commission reviewed the project at the March 27, 2023 meeting and considered the resolution to deny the project and found the information in the staff report and updated resolution to insufficiently summarize the discussion of the February 27, 2023 Planning Commission meeting, and continued the project with direction to staff to include additional information regarding past discussions in the staff report and to update the resolution to accurately reflect the Planning Commission’s motion to deny the project and include language in the resolution expressing the Commission’s desire for the applicant to reduce the noise from the pool equipment to below 50 dBA; and
ATTACHMENT A Page I-1.6
WHEREAS, the Planning Commission believes that the residents of Belle Haven are entitled to clean air and relative quiet from neighboring developments; and WHEREAS, the Planning Commission believes the residents of Belle Haven are entitled to the same level of pool services as residents who utilize the Burgess Campus pool; and WHEREAS, the Planning Commission desires the project to be modified to include noisereducing measures, such as relocation of equipment, noise-dampening enclosures, or alternate equipment, in order to reduce noise emanating from the to below 50 dBA; 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 Project is categorically exempt from environmental review pursuant to Cal.

Code of Regulations, Title 14, §15302 et seq. (Replacement or Reconstruction); and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on April 24, 2023, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the Project; and
WHEREAS, the Planning Commission voted to deny the use permit to allow the pool equipment to exceed the nighttime noise limit; and
WHEREAS, the Planning Commission’s decision was called up to the City Council pursuant to Section 16.86.025 of the Menlo Park Municipal Code; and WHEREAS, at a duly and properly noticed public hearing held on May 23, 2023, the City Council fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the Project.

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

Section 1. Recitals. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. Conditional Use Permit Findings. The City Council of the City of Menlo Park does hereby make the following Findings:

Resolution No. XXXX

Page 2 of 26 ends

The use permit to exceed nighttime noise limits measured at residential property lines is denied based on the following findings which are made pursuant to Menlo Park Municipal Code Section

16.82.030:

1. That the establishment, maintenance, or operation of the use applied for will, under the circumstance of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city because:
a. Consideration and due regard were given to the nature and condition of all adjacent uses and structures, and to general plans for the area in question and surrounding areas, and the impact of the application hereon would create the potential for a noise disturbance without any certainty of the number of hours per day or days per year that nearby residences may be impacted. Furthermore, granting the use permit may have negative impacts on the health and comfort of individuals whose residences would be exposed to noise from the equipment that would exceed the maximum nighttime sound levels because increased noise in uncertain intervals could have detrimental effects to sleep patterns of nearby residents.
b. Studies of alternatives, such as different equipment locations, distribution of equipment across multiple locations on the site, alternate heating equipment types, modifications to the proposed heating and operating schedules of the pools, and sound barriers that would reduce noise levels below the maximum limits were not exhausted, and other alternatives may be viable.

Section 3. Conditional Use Permit. The City Council upholds the Planning Commission’s decision to deny Use Permit No. PLN2022-00017, which use permit is depicted in and subject to the development plans and project description letter, which are attached hereto and incorporated herein by this reference as Exhibit A and Exhibit B, respectively.

Section 4. Environmental Review. The City Council makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. The Project is categorically exempt from environmental review pursuant to Cal. Code of Regulations, Title 14, §15302 et seq. (Replacement or Reconstruction).

Section 5. 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. //
//
//
//
//
Resolution No. XXXX

Page 3 of 26 ends

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 May, 2023.

Judi A. Herren, City Clerk
Exhibits:

A. Project plans
B. Project description letter
Resolution No. XXXX

Page 4 of 26 ends

Th e designs and concepts shown are the sole property of Hart Howerton. Th e drawings may not be used except with the expressed written consent of Hart Howerton. September 9 2022

MENLO PARK COMMUNITY CENTER NOISE VARIANCE DIAGRAM
100 Terminal Ave, Menlo Park CA
0 120 240'1" = 120' at full size (11 x 17")
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Noise mitigation strategies explored: 1. Alternative ASHP with lower noise output2. Adding custom silencers onto the specifi ed ASHPs3. Relocating the ASHPs on the site4. Building a sound wall to partially block the noise5. Building an enclosure around the ASHPs to mitigate noise EXHIBIT A Resolution No. XXXX

Page 5 of 26 ends

Page I-1.10
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Public Works
February 21, 2023
Empty
RE: Project description letter
100 Terminal Ave
Air Source Heat Pump (ASHP) Use Permit – Menlo Park Community Campus Empty
Dear Menlo Park Planning Commission,
The Menlo Park Community Campus (MPCC), located at 100 Terminal Avenue, is under construction and is scheduled to open in 2024. The new facility will include a public gymnasium, library, senior center, youth center, commercial-grade kitchen, community meeting room, dining hall, and outdoor aquatics center for the community’s benefit. To meet the City’s goals of sustainable design and construction and to comply with the “reach code” ordinance passed by the City Council in 2019, fossil fuels will not be used in the operation of the building. The City of Menlo Park has taken great strides in reducing greenhouse gas (GHG) emissions from the building sector. Electrifying new buildings reduces GHG emissions and helps improve air quality and environmental health and safety for residents, because all-electric appliances emit very little GHG emission compared to natural gas appliances.

Two new pools will be constructed as part of the MPCC project. Since natural gas was not an option for heating the pools (per the City’s ordinance described above), it is included for comparison purposes only. Other heating methods that were considered were solar heating, air source heat pumps, electric heaters, and cogeneration.
• Gas heaters heat water quickly and keep the temperatures stable regardless of outdoor temperature. They have a lower initial purchase price and installation cost.

However, they use finite natural resources to operate, and are not environmentally friendly. Operating costs are high due to the high cost of natural gas. The Lochinvar gas heater was evaluated as a baseline pool heating system. Noise levels for gas heaters are typically 30-40 decibels at a distance of 5 feet.

Additionally, gas heaters can be placed indoors.
• Solar heating is an effective and cost-efficient way to heat pools. However, solar heating alone rarely meets the temperature requirements due to lack of sun, overcast skies, and system inefficiencies. Solar heating was selected as the primary source of heating for the pools, and is paired with heat pumps for the most efficient and cost-effective system.
• Air source heat pumps (ASHPs) are powered by electricity. They operate by EXHIBIT B Resolution No. XXXX

Page 6 of 26 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 2 extracting heat from the outside air, increasing the heat with a compressor, delivering the heat to the water, and ejecting the cold air out the top of the unit.

This method of heating is environmentally friendly and uses less energy than other heating methods. ASHPs must be located outdoors and require clear space all around for proper air flow.
• Electric heaters are also powered by electricity, and generate heat from a heating element. Electric heaters are less efficient and more expensive to operate than air source heat pumps. They are ideal for small pools or spas, but the electrical load to heat the two new swimming pools would be too large, resulting in an ineffective and expensive heating method.
• Cogeneration is a system that produces both heat and electricity from one primary energy source. While cogeneration can provide high energy efficiency, the most widely used cogeneration technologies burn fuel such as natural gas or oil, and therefore do not comply with the City’s reach codes. Additionally, cogeneration systems can be very expensive to install, and were cost prohibitive.

Ultimately, it was determined that solar thermal piping in conjunction with a series of five ASHPs was the most efficient and cost effective heating method for the pools.

Heat pumps and solar heaters complement each other because they utilize different forms of renewable energy. Air source heat pumps work very well when average air temperatures exceed 50°F (10°C). They work less efficiently in air temperatures below 50°F (10°C), however, and they stop altogether in freezing temperatures. Solar heaters depend on sunlight, and operate very efficiently in sunny weather. They work less efficiently in cloudy weather, however, and cannot operate at night. By utilizing both solar heating and heat pumps, the swimming pools can be heated to the desired temperatures in almost all weather conditions.

The air source heat pump selected was the AquaCal “Great Big Bopper” (see Attachment A). This particular unit was selected due to its heating capacity and relatively low noise level, as compared to similar pumps from other manufacturers.

The table below shows heat pump noise levels from a variety of manufacturers.

Manufacturer Model Sound level decibels
AquaCal SQ175 55 db
Hayward HP21404T 60 db
Jandy EE3000T 59 db
Pentair 140 58 db
Rheem M8350ti 64 db
Using smaller heat pumps was also considered. However, it was found that at least 28 of AquaCals smaller pumps (model SQ225) would be required, and would more noise would result.

The ASHPs will be in operation when heating the pool, year round. The ASHPs are Resolution No. XXXX

Page 7 of 26 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 3 expected to be on most of the time the pool is open. The table below includes the maximum and minimum heating time according to month. In the coldest months, the maximum run time would be 7.4-7.6 hours over a 24-hour period. In the summer, the maximum run time would be 4.3-4.8 hours over a 24-hour period. It is not possible to specify the exact heating time every night.

The ASHPs will be on at nighttime to heat the pool to the desired temperatures to be ready for morning use. There will be times when the ASHPs are running and exceed the Menlo Park noise ordinance. The residential noise limits are 50 decibels during nighttime hours, and 60 decibels during daytime hours. When all 5 pumps are running, the sound levels emanating from the ASHPs may exceed the nighttime residential limit of 50 decibels, however they would be below the daytime limit of 60 decibels. Please see the Noise Attenuation Diagram (Attachment B) which shows the decibel readings at the property lines.

Several noise mitigation strategies were evaluated, including aftermarket attenuators, sound barriers, and moving the pumps to other locations on the site.

A noise analysis (Attachment C) was conducted by Salter, an acoustics consultant, in September 2021, to provide recommendations to achieve a 10 decibel sound reduction. Salter analyzed the locations for the attenuators to be attached to the ASHPs (two of the sides and the top were found to emit the most noise), and recommended that a third party manufacturer design the dimensions of the attenuators. Norman S. Wright Mechanical Equipment Corporation sized custom silencers manufactured by VibroAcoustics to fit the ASHPs. To achieve the requested 10 decibels reduction, the silencers would need to be 60”x 54”x 90”. The ASHPs are located between the building and the PG&E property line, in a space that is 10’-7” wide. The ASHPs with the added silencers would not physically fit in the space provided (see Attachment D).

Solid sound barriers were also considered to reduce noise, however, the ASHPs require 6’ of clearance on all sides, and 12’ of clearance overhead, in order that air flow is not restricted. See Attachment E for clearance requirements. Additionally, sound barriers would not fit due to the site constraints. The proximity of the ASHPs to the PG&E property line on the south (and clearance required by the ASHPs for air circulation), the building to the north, and required Fire Access Clearance required on the East and West do not make it possible to install sound barriers anywhere on site.

This required clearance between the gym wall and the units means that the fence on the south side of the property must be chain link and cannot be blocked.

Resolution No. XXXX

Page 8 of 26 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 4 The ASHPs come with the compressors wrapped to reduce noise emissions. Other types of sound blankets would restrict the air flow and would not be feasible. It should be noted that the heat pump warranty would be void if not installed within specifications.

Relocating the ASHPs to alternate locations on the site was also considered. The ASHPs are located at the maximum design length possible (180 feet from the instructional pool, and 200 feet from the lap pool). If the pumps were moved farther away than this distance, additional piping and recirculation pumps would be needed to pump water from the pool to the heaters and back. More pumps would result in more noise. Additionally, if the pumps were moved to the pool house area (either adjacent to or on top of the pool equipment building), they would be closer to the residential property line and the sound level would increase.

In summary, the ASHPs as proposed are the only feasible option to effectively heat the pools to the desired temperature and operating hours. The ambient noise will be limited to no more than 60 decibels at any time, but will exceed the ordinance of 50 decibels at night.

Sincerely,
Theresa Avedian, Senior Civil Engineer, Public Works
List of Attachments
Attachment A: Great Big Bopper specification
Attachment B: Noise attenuation diagram
Attachment C: Noise analysis memo
Attachment D: Silencer schedule and diagram
Attachment E: Clearance requirements for ASHPs

Resolution No. XXXX

Page 9 of 26 ends

Great Big Bopper ®
World’s LARGEST
air source commercial

HEAT PUMP
50 Hz - 380-415V 60 Hz - 208-230V 60 Hz - 460V
Performance/Heating
@26.7°C Air/80% RH/26.7°C Water
@80°F Air/80% RH/80°F Water
kW Output 123.7 154.4 154.4
BTU Output 422,000 527,000 527,000
C.O.P. (Coefficient of Performance) 6.8 6.6 6.6
kW Input 18.1 23.3 23.3
Performance/Heating
@10°C Air/63% RH/26.7°C Water
@50°F Air/63% RH/80°F Water
kW Output 73.3 91.7 91.7
BTU Output 250,000 313,000 313,000
C.O.P. (Coefficient of Performance) 4.1 4.1 4.1
kW Input 17.9 22.4 22.4
Performance/Chilling
@37.8°C Air/26.7°C Water
@100°F Air/80°F Water
kW Absorption 91.3 106.4 106.4
BTU Absorption 311,516 363,153 363,153
kW Input 21.2 23.8 23.8
Electrical Voltage/Hz/Phase 380-415V/50Hz/3ph 208-230V/60Hz/3ph 460V/60Hz/3ph Min. Circuit Ampacity 58.0 134.6 60.9
Recommended Fuse Size 80 150 80
Max. Fuse Size 80 150 80
Over Temperature Alarm Kit available: part number STK0221 for single phase, STK0222 for three phase. Strongly recommended for all spa applications.

Pool Water Flow Min./Max. l/min 454/1059 454/1059 454/1059 Min./Max. gpm 120/280 120/280 120/280
Pressure Drop/Pool Water
@568 l/min

0.12 bar 0.12 bar 0.12 bar
Pressure Drop/Pool Water
@150 gpm

1.8 PSI 1.8 PSI 1.8 PSI
Pool Water Connections 4” U.S. 4” U.S. 4” U.S.

Refrigerant R410A R410A R410A
Physical Weight (lbs) 1,540 1,540 1,540
Weight (kg) 700 700 700
Length x Width x Height (in) 90” x 54” x 86” 90” x 54” x 86” 90” x 54” x 86” Length x Width x Height (cm) 229 x 138 x 219 229 x 138 x 219 229 x 138 x 219 Shipping Weight (lbs) 2,100 2,100 2,100
Weight (kg) 953 953 953
Length x Width x Height (in) 91” x 58” x 86” 91” x 58” x 86” 91” x 58” x 86” Length x Width x Height (cm) 232 x 148 x 219 232 x 148 x 219 232 x 148 x 219 Specifications subject to change without notice
Unit Specifications
AquaCal®
Producing quality heat pumps since 1981
AQUACAL .COM
www.

AquaCal AutoPilot, Inc. 2737 24th Street North St. Petersburg, FL 33713 727.823.5642 AC-1253 4_20 V3
California residents visit aquacal.com
for Proposition 65 information.

Control from a

CONVENIENT
phone app
Resolution No. XXXX

Page 10 of 26 ends

High Performance Air Source Heating & Cooling
• Heavy Duty Design and Construction
• SuperQuiet Operation
• Superior Energy Efficiency
• Guaranteed AquaCal® Quality
Titanium Heat Exchanger
• Patented counter-flow water management system
• Heats water faster and more efficiently
• Impervious to chemical corrosion
• Durability without sacrificing performance
• Lifetime warranty
Now PoolSync™ Ready
• Adjust the mode to heat, cool or autotemp, and set
your temperature through the PoolSync app
*Additional purchase of PoolSync WiFi Controllerrequired Microprocessor Controlled with LCD Display
• SMART control panel with 24 character full-text
display provides easy-to-read menu options and unit
status
• On-board self diagnostics
• Microprocessor controlled defrost cycle
ICEBREAKER® Heat & Cool with Active Defrost
• Extends swimming season longer than any other
heat pump on the market
• Continues to heat in freezing temperatures to
minimize heat loss
• Cool your pool to a refreshing temperature
• Set to heat, cool or autotemp
Corrosion Resistant Cabinet
• Rust resistant, heavy gauge G90 Galvanneal
steel with 7 step Powder Coat process
• ElectroFin® epoxy polymer coated evaporator coils
• Polymer condensate drain system
• Polymer coated fan guards
Free
sizing program
that provides ROI &
cost savings
analysis for your
specific pool
Lease
and Rental
Programs
Available
Performance driven
for demanding climates
everywhere, from
Los Angeles to
Boston to Paris to
Abu Dhabi
A Real Commercial
Sized Heat Pump That
Heats & Cools
Large Commercial Pools
Up to a Half Million
BTUs in One Single Unit
Dual Plumbing
Configuration: easily
plumbed from either side
of unit, allowing for
convenient installation
Installation at:

Lynn University, Boca Raton, FL
Multi-System
Capability:

GBB is capable of
heating & cooling
even the largest
swimming pools
kW
170
150
130
110
90 70
50 30
10 10° 15° 20° 25° °C
Ambient Air Temperature °C
Heating kWH
GBB 50 Hz HEATING kW RATING PER HOUR
BTUs
570,000
540,000
510,000
480,000
450,000
420,000
390,000
360,000
330,000
300,000
270,000
240,000
210,000
180,000
30° 40° 50° 60° 70° 80° 90° °F
Ambient Air Temperature °F
Heating BTUH
GBB 60 Hz HEATING BTU RATING PER HOUR
10 10
15 15
21 21
26 26
32 32
37 37
45 ºC
ºC
GBB 50 Hz CHILLING kW RATING PER HOUR
Entering Water Temperature oC
Cooling kWH
AIR TEMP 150
145
140
135
130
125
120
115
110
105
100
95 90
85 80
75 70
65 60
55 50
GBB 60 Hz CHILLING BTU RATING PER HOUR
Entering Water Temperature o F
Cooling BTUH
ºF

AIR TEMP
50 50
60 60
70 70
80 80
90 90
100
100
110
ºF
200,000
220,000
240,000
260,000
280,000
300,000
320,000
340,000
360,000
380,000
400,000
420,000
440,000
460,000
480,000
500,000
520,000
540,000
560,000
Resolution No. XXXX

Page 11 of 26 ends

© 2014 HART HOWERTON LTD. © 2014 HART HOWERTON PARTNERS LTD. " e designs and concepts shown are the sole property of Hart Howerton. " e drawings may not be used except with the expressed written consent of Hart Howerton. September 9 2022

MENLO PARK COMMUNITY CENTER NOISE VARIANCE DIAGRAM
100 Terminal Ave, Menlo Park CA
0 120 240'
1" = 120' at full size (11 x 17")
50 dBA
70-76 dBA
65-71 dBA
62-68 dBA
Joseph B.

Kelly Park
Track & Play Fields
PG&E Substation
SamTrans Corridor
Beechwood School
ASHP
NOISE
60 dBA
100'
200'
300'
HIGHWAY 101 NOISE
120' 265'
Del Norte Ave
MPCC
Noise mitigation strategies explored:

1. Alternative ASHP with lower noise output

2. Adding custom silencers onto the specifi ed ASHPs

3. Relocating the ASHPs on the site

4. Building a sound wall to partially block the noise

5. Building an enclosure around the ASHPs to mitigate noise Resolution No. XXXX

Page 12 of 26 ends

MEMORANDUM
DATE: 8 September 2021
NAME: COMPANY: EMAIL:

Jon Swain Hart Howerton [email protected]
FROM: Skyler Carrico and Ethan Salter, PE, LEED® AP
SUBJECT: Menlo Park Community Center (MPCC) Pool Equipment Building ASHP Acoustic Attenuator/Enclosure Memo
PROJECT: 20-0145
We understand that five at-grade AquaCal model GBB air-source heat pumps (ASHPs) serving the community center pools are to be provided along the south façade of the gymnasium, near the PG&E substation to the south, and residential property lines along Del Norte Avenue to the east. Menlo Park Municipal Code requires that noise from these units not exceed 50 dBA during nighttime hours (i.e., 10pm to 7am) at nearby residential property lines (per Section 8.06.030).

Salter has conducted noise analyses and provided insight to the design team with respect to Code compliance through numerous conference calls and email correspondence, finding noise from the ASHPs to be in exceedance of property line noise requirements by approximately 10 dBA. It is our understanding that as a mitigation solution, constructing solid barrier walls is not a feasible or otherwise desirable option, and aftermarket enclosures/attenuators surrounding each unit are instead preferred.

After coordinating with your firm and Aquacal, a Salter employee in Hawaii conducted field measurements of a similar AquaCal GBB ASHP installation on 28 July 2021. Our measurements and analysis indicate that the dominant source of noise emissions is the top of the unit and the also intake sides (Sides 1 and 3, per the image markups attached below). Utilizing these measurements, we have updated our ASHP property line noise calculations to determine the amount of insertion loss (in dB) necessary for an ASHP enclosure/attenuator to achieve the 50 dBA property line noise requirement at the Menlo Park Community Center.

Resolution No. XXXX

Page 13 of 26 ends

Menlo Park Community Center Pool Equipment Building
8 September 2021
ASHP Acoustic Attenuator/Enclosure Memo

Page 2 ends

Our analysis assumes the following:
o All five ASHPs could run simultaneously and at full capacity within nighttime hours (i.e., 10pm to 7am)
o The City’s 50 dBA at 50-feet Code requirement for roof-mounted mechanical equipment (Section

16.08.095) is not applicable to this equipment since it is to be mounted at-grade At Side 1, Side 3, and at the top of each unit, we recommend that attenuators be designed to provide at least 10 dB insertion loss in each octave band between 125 Hz to 2000 Hz.

We understand that these attenuators will increase the overall dimensions of the units, which could cause clearance issues due to space constraints. A third-party enclosure/attenuator manufacturer (e.g., a firm such as Vibro-Acoustics offers “custom” schemes to reduce noise of similar machines1) should confirm the overall width of the silencers, which the AquaCal team can then evaluate with respect to clearance. If there are resulting clearance constraints, it may be possible to eliminate one of the side-wall attenuators by adding surface-mounted absorption to the façade at the side of the building. The silencer vendor should also coordinate with AquaCal to understand the mechanical constraints of the system, such as fan static pressure, accessibility, etc.

AquaCal also noted that their GBB ASHPs could also have the compressors wrapped (lagged) to reduce radiated noise emissions. Compressor noise was measured along with all the other sources during our July 2021 measurements, but they were not able to be parsed out from the other sound energy. As the different dominant sources of noise are addressed, other sources may become evident.

We look forward to continuing our analysis as the design and noise mitigation solution progresses. Please let us know if you have any questions.
1 https://noisecontrol.vibro-acoustics.com/applications/chillers/.

Resolution No. XXXX

Page 14 of 26 ends

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Resolution No. XXXX Page 15 of 26
Page I-1.20
8"8"6"6" 3" 3" 3" 3" 3" 3" 3" 3" 3" 3"
6" P 3"
6" 6" 8" P P
8"
8"
2"
2"
2"
2"
2"
2"
2" 6" P 6"
4" 4"4"6" 4" BYPASS
BYPASS 6"
6"
6"
6" 6" 6" 6"6"
6"
6" 6"
8" 4"4"4" 8"4"4"4"8"
4"

2.5" PP 8"8" BYPASS BYPASS
8"
8" 8" 8" 8" 8" 3"8" 2.5" 2.5" 2.5" 2.5" 2.5" 2.5" 8" 6"3" 3" 2.5" 2.5" 2.5" 2.5" 6" 8"
2"
3"
4"
6" 6" SW 4" FW 1" 2" W 3.5" E 3.5" E 4" E 1" FA 8"4"4"4"4" One Union Street, San Francisco, CA 94111
Tel : 415 439 2200 Fax : 415 439 2201
Email : [email protected] REVISIONS NO. DATE ISSUE ©2018 Hart Howerton The designs and concepts shown are the sole property of Hart Howerton and may not be used without the prior written consent of Hart Howerton. NOTE: THIS DRAWING IS ISO A1. DO NOT SCALE DRAWINGS. USE FIGURED DIMENSIONS ONLY, OR SEEK CLARIFICATION FROM ARCHITECT FOR MEASUREMENTS THAT ARE NOT INDICATED. SCALE: DRAWING NO: CHECKED BY: PROJECT #: DRAWN BY: RC/BL ZS DRAWING TITLE:

SWIMMING FACILITY MILESTONES DATE ISSUE
Menlo Park Community
Campus
100 TERMINAL AVENUE
06/14/2021 DESIGN DEVELOPMENT B664
17520 Newhope Street, Suite 200 | Fountain Valley, CA 92708 P: (714) 481-7300 | www.pacewater.com
Advanced Water Engineering
08/05/2021 SWIMMING FACILITY PERMIT SET
MENLO PARK, CA 95025
PP-1 03/28/2022 PERMIT RESUBMITTALPP-2 06/03/2022 PERMIT RESUBMITTALP-1 09/02/2022 FOR CONSTRUCTION W4.10 PUMP STATION PLAN AS SHOWN EQUIPMENT LIST: KEY NOTES: NUMBER 1 2 3 4 5 6 7 8 SYSTEM PUMP FILTER HEATER DISINFECTION FLOW TDH BHP SPECIFICATION BASKET STRAINER PER NEMATO CORP TOTAL FILTER AREA REQ. FILTER AREA PER TANK ( 1 FILTER) NO. OF FILTERS REQ. TOTAL FILTER AREA AVAILABLE: ACTUAL GPM/SQFT (PER FILTER) SPECIFICATION NOTES SPECIFICATIONS (BTU HEAT OUTPUT) HEAT UP TIME (HR) HEATER MODEL CHLORINE DOSING SPECIFICATION ACID AND CO2 DOSING SPECIFICATION UV UNIT SPECIFICATION CHEMISTRY CONTROLLER A LAP POOL 640 68 7.5 (2) FILTRATION PUMPS PER "PENTAIR" C-SERIES MODEL CMK-75, 5"x4", RATED 320 GPM AT 68' TDH, 7.5 HP, 460V, 3PH, EACH INCLUDED WITH PUMPS 42.67 21 2 42 15.24 GEN 2 EKO-42210-T2 USE GEN2 EKO-42210-T2 (2 TANKS) W/ AUTO BACKWASH 529,000 28.17 (3) HEAT PUMP PER "AQUACAL" MODEL GBB (3) CHLORINE METERING PUMP, STENNER 45MHP22, 1.1-22GPD, 100 PSI (1) ACID METERING PUMP, STENNER 45MHP10, 0.5-10GPD, 100 PSI (1) EKO3 SYSTEMS CO2 FEEDER MODEL CO2 20-200 SCFH #WS-009-04000 WITH (1) TAYLOR WHARTON TANK MODEL NOVO750 SUREFILL SYSTEM CO2 STORAGE TANK (1) UV UNIT SAG ULTRAVIOLET LIGHT MODEL SAG-960A, RATED 770 GPM MAX., 120V, 1PH. BECSys7 B INSTRUCTIONAL POOL 225 61 5 (1) FILTRATION PUMPS PER "PENTAIR" C-SERIES MODEL CMK-50, 5"x4", RATED 225 GPM AT 61' TDH, 5 HP, 460V, 3PH INCLUDED WITH PUMP 15.00 7.06 2 14.12 15.93 TR140C USE (2) TR-140C FILTER 529,000 13.81 (2) HEAT PUMP PER "AQUACAL" MODEL GBB (2) CHLORINE METERING PUMP, STENNER 45MHP22, 1.1-22GPD, 100 PSI (1) ACID METERING PUMP, STENNER 45MHP10, 0.5-10GPD, 100 PSI (1) EKO3 SYSTEMS CO2 FEEDER MODEL CO2 20-200 SCFH #WS-009-04000 WITH (1) TAYLOR WHARTON TANK MODEL NOVO750 SUREFILL SYSTEM CO2 STORAGE TANK (1) UV UNIT SAG ULTRAVIOLET LIGHT MODEL SAG-480A, RATED 350 GPM MAX., 120V, 1PH. BECSys5 C SPLASH PAD 135 62 3 (1) FILTRATION PUMPS PER "PENTAIR" WHISPERFLO MODEL WFK-12, RATED 135 GPM AT 62' TDH, 3 HP, 460V, 3PH INCLUDED WITH PUMP 9.00 7.06 1 7.06 19.12 TR140C USE (1) TR-140C FILTER N/A N/A N/A (1) CHLORINE METERING PUMP, STENNER 45MHP10, 0.5-10GPD, 100 PSI (1) ACID METERING PUMP, STENNER 45MHP10, 0.5-10GPD, 100 PSI N/A (1) UV UNIT PER "AQUIONICS" SWIM U SERIES MODEL U-152, 3" FLANGE RATED 180 GPM MAX., 120V. BECSys5 D SPLASH PAD FEATURE 160 35 2 (2) WATER FEATURE PUMPS PER "PENTAIR" WHISERFLOXF MODEL XFK-8, RATED 160 GPM AT 35' TDH, 2HP, 460V, 3PH, EACH INCLUDED WITH PUMP N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A (2) UV UNIT PER "AQUIONICS" SWIM U SERIES MODEL U-152, 3" FLANGE RATED 180 GPM MAX., 120V. N/A 10'x8'x10'(D) SPLASH PAD SURGE TANK 12'x10'x10'(D) LAP POOL SURGE TANK 12'x10'x10'(D) INSTRUCTIONAL POOL SURGE TANK FF 3.87 HEAT PUMPS EQUIPMENT AREA - PLAN VIEW 10'x5'x6'(H) BACKWASH SUMP PUMP STATION - PUMP LEVEL PLAN VIEW PUMP STATION - GROUND LEVEL PLAN VIEWFUTURE SOLAR THERMAL EQUIPMENT & PIPING FF 13.87 P-2 11/15/2022 ASI #14 Resolution No. XXXX Page 16 of 26
Page I-1.21
Resolution No. XXXX

Page 17 of 26 ends

AquaCal®
Installation Manual
Firmware Version 1.xxx
Important
Read this document before operating / installing this product For additional product manuals and operation / installation procedures, please visit www.AquaCal.com LTM0934 REL B- (project rel 7.02)
Resolution No. XXXX

Page 18 of 26 ends

Resolution No. XXXX

Page 19 of 26 ends

Table of Contents
Contacting AquaCal AutoPilot, Inc. 1
Safety Instructions 1
1 - Installation 3

1.1 Positioning Equipment 4

1.2 Clearances 5

1.3 Dimensions 5

1.4 Plumbing 6

1.4.a Plumbing Requirements 6

1.4.b Plumbing Diagrams 7

1.4.c Water Connections to Heat Pump 10

1.4.d In-Line Chlorine Feeders 10

1.4.e Water Flow Rates 11

1.4.f Adjusting Water Flow Using ΔT (Delta-T) 12

1.4.g Maintaining Ability to Winterize 13

1.4.h Adjusting Water Pressure Switch (Select Units) 13

1.5 Electrical 14

1.5.a Electrical Requirements 14

1.5.b Access Panels 17

1.5.c Verifying Transformer Setting (Select Units) 17

1.5.d Three-Phase Adjustment 18

1.5.e Schematic Location 19

1.6 External Equipment 20

1.6.a Connecting a Call Flex 20

1.6.b Connecting External Controllers to Heat Pump 22
b.1 Connecting Smart Bus Controllers 23
b.2 Connecting Two-wire Controllers (with internal thermostat) 26

1.6.c Connecting Gas Backup Heater to Heat Pump 29

1.6.d Connecting Multiple Heat Pumps (Primary / Secondary) 34

1.6.e Connecting a Pool/Spa Switching Relay 40

1.7 Program Heat Pump for the Customer 43

1.7.a Setting Date and Time 43

1.7.b Setting Time and Date Format 44

1.7.c Selecting Celsius or Fahrenheit 48

1.7.d Setting Entry Code Option 49

1.7.e Using Entry Code to Access Heat Pump 51

1.7.f Resetting Factory Defaults 51

1.8 Cleaning Equipment After Installation 53
2 - Troubleshooting 55

2.1 Fault Codes 56

2.2 Issues and Resolutions 60
3 - Appendix 66

3.1 Factory Defaults 66

3.2 Identifying Model Specifications 67

3.3 Weights 68

3.4 Heating Recommendations 68

3.5 Cooling Recommendations 69
i
Resolution No. XXXX

Page 20 of 26 ends

3.6 Available Accessories 69

3.7 ICM Digital 3-Phase Monitor 71

3.8 Schematics 73
Schematic LTM0949 75
ii
Resolution No. XXXX

Page 21 of 26 ends

Page - 1
Contacting AquaCal AutoPilot, Inc.

For further assistance, please contact the distributor or installer of this product.

If unavailable, please contact AquaCal®for a partner in your area. To better assist you, please have the heat pump model and serial number available.
l See "Identifying Model Specifications" on page 67.

Product Information:

Website www.AquaCal.com
Phone (1) 727-823-5642
Hours 8-5 pm, Eastern M-F
Service Information:

Website www.AquaCal.com/request-heat-pump-service/

SAFETY INSTRUCTIONS
l For personal safety, and to avoid damage to equipment, follow all safety instructions displayed on the equipment and within this manual. Repair and service of heat pump must be performed by an authorized service center. l Warranties may be voided if the equipment has been improperly installed, maintained or serviced. l If service is deemed necessary, please contact AquaCal. See "Contacting AquaCal AutoPilot, Inc." above.

SAFETY SIGNALS
Throughout this document, safety signals have been placed where particular attention is required.

DANGER Failure to heed the following will result in injury or death.

WARNING Failure to heed the following may result in injury or death.

NOTICE
Failure to heed the following may result in damage to
equipment.

When installing and using your heat pump basic safety precautions must always be followed, including the following:

DANGER Failure to heed the following will result in injury or death. l The heat pump utilizes high voltage and rotating equipment. Use caution when servicing. l Follow all National Electric Codes (NEC) and/or State and Local guidelines.

Resolution No. XXXX

Page 22 of 26 ends

Page - 2
WARNING Failure to heed the following may result in injury or death. l Installation and repairs must be performed by a qualified technician. l The heat pump contains refrigerant under pressure. Repairs to the refrigerant circuit must not be attempted by untrained and/or unqualified individuals. Service must be performed only by qualified HVAC technicians. Recover refrigerant before opening the system.
l Improper water chemistry can present a serious health hazard. To avoid possible hazards, maintain pool/spa water per standards as detailed in the product's operation manual. l Prolonged immersion in water warmer than normal body temperature may cause a condition known as Hyperthermia. The symptoms of Hyperthermia include unawareness of impending hazard, failure to perceive heat, failure to recognize the need to exit the pool or spa, and unconsciousness. The use of alcohol, drugs, or medication can greatly increase the risk of fatal Hyperthermia. People having an adverse medical history, or pregnant women should consult a physician before using a hot tub or spa. Children and the elderly should be supervised by a responsible adult.
l Prolonged immersion in water colder than normal body temperature may cause a condition known as Hypothermia.

The symptoms of Hypothermia include shivering (although as hypothermia worsens, shivering stops), clumsiness or lack of coordination, slurred speech or mumbling, confusion and poor decision-making, drowsiness or low energy, lack of concern about personal welfare, progressive loss of consciousness, weak pulse and slow or shallow breathing. Persons having an adverse medical history, or pregnant women, should consult a physician before immersing in a cold body of water. Children and the elderly should be supervised by a responsible adult. l This appliance is not to be used by persons (including children) with reduced physical, sensory, or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction. l Children must be supervised and are not to play with the appliance.

NOTICE
Failure to heed the following may result in damage to equipment. l Maintain proper water chemistry to avoid damage to the pump, filter, pool shell, etc. l Water flow exceeding the maximum flow rate requires a bypass. Damage due to excessive water flow will void the warranty.

SAVE THESE INSTRUCTIONS
Resolution No. XXXX

Page 23 of 26 ends

Page - 3
1 - Installation
WARNING Failure to heed the following may result in injury or death. l Installation of this equipment by anyone other than a qualified installer can result in a safety hazard. l The information contained throughout the "Installation" section is intended for use by qualified installation technicians familiar with the swimming Pool/Spa safety standards.

NOTICE
Failure to heed the following may result in damage to equipment. l Failure to protect equipment against corrosive conditions will adversely affect the life of the equipment and will void equipment warranty.

IN THIS SECTION:

1.1 Positioning Equipment 4

1.2 Clearances 5

1.3 Dimensions 5

1.4 Plumbing 6

1.4.a Plumbing Requirements 6

1.4.b Plumbing Diagrams 7

1.4.c Water Connections to Heat Pump 10

1.4.d In-Line Chlorine Feeders 10

1.4.e Water Flow Rates 11

1.4.f Adjusting Water Flow Using ΔT (Delta-T) 12

1.4.g Maintaining Ability to Winterize 13

1.4.h Adjusting Water Pressure Switch (Select Units) 13

1.5 Electrical 14

1.5.a Electrical Requirements 14

1.5.b Access Panels 17

1.5.c Verifying Transformer Setting (Select Units) 17

1.5.d Three-Phase Adjustment 18

1.5.e Schematic Location 19

1.6 External Equipment 20

1.6.a Connecting a Call Flex 20

1.6.b Connecting External Controllers to Heat Pump 22

1.6.c Connecting Gas Backup Heater to Heat Pump 29

1.6.d Connecting Multiple Heat Pumps (Primary / Secondary) 34

1.6.e Connecting a Pool/Spa Switching Relay 40

1.7 Program Heat Pump for the Customer 43

1.7.a Setting Date and Time 43

1.7.b Setting Time and Date Format 44

1.7.c Selecting Celsius or Fahrenheit 48

1.7.d Setting Entry Code Option 49

1.7.e Using Entry Code to Access Heat Pump 51

1.7.f Resetting Factory Defaults 51

1.8 Cleaning Equipment After Installation 53
1 - Installation
Resolution No. XXXX

Page 24 of 26 ends

Page - 4

1.1 Positioning Equipment
NOTICE
Failure to heed the following may result in damage to equipment. l Do not install equipment inside of a building.

Outdoor Use Only
Do not install equipment inside of a room or building.
l Heat Pumps require unobstructed airflow for proper operation. Heat Pumps should never be installed indoors or in a location where airflow is restricted.
l If an indoor installation is being considered, the installer and dealer are strongly urged to contact the AquaCal Application Department, or a local Professional Engineer prior to proceeding. l See "Clearances" on the facing page.

Controlling Irrigation and Rainwater Runoff
l Irrigation water may damage heat pump components. Direct irrigation water away from the heat pump. l The heat pump will withstand normal rainfall. Do not allow a roof slope to direct rainwater onto the heat pump.

Have a gutter installed on the roof edge to direct this water away from the heat pump. Or install the heat pump in another location.

Planning for Condensation
The heat pump can produce a large amount of condensation. The amount of water depends on air temperature and humidity.
l Install the heat pump with enough height to allow for water drainage. l 1" PVC can be connected to the drainage outlet to redirect water as needed. This connection is under the lower access panel.

Mounting Pad Requirements
l The heat pump's base must be installed on a flat and level surface that completely supports the entire base. l Build the heat pump pad out of concrete or other code-approved material. l Confirm the pad can support the weight of the heat pump. See "Weights" on page 68. l Elevate the pad enough to allow for drainage.
l Make sure the pad is flat and level.
l Have the pad support the entire heat pump base in all directions. l Do not install the heat pump on soil or grass.
l Do not allow the heat pump base to touch the building's foundation. l Do not place the heat pump directly on a concrete floor. This can cause noise to be transmitted to an occupied space. If necessary install vibration dampers between the heat pump base and floor. l Equipment pad must meet all requirements of authorities having code-related jurisdiction.

Anchoring to Pad
l Follow all applicable local, state, and national requirements regarding wind load anchoring. l The shipping brackets used to secure the heat pump to the pallet are approved mounting (hurricane) brackets.

They should be used to anchor the heat pump to the pad. l If needed, contact AquaCal®
to obtain anchoring kit information. Please have the heat pump model number and serial number when requesting support. See "Identifying Model Specifications" on page 67. 1 - Installation
Resolution No. XXXX

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Page - 5

1.2 Clearances
l Proper air circulation is required for the heat pump to operate efficiently. The following diagrams show the minimum clearances required for the proper operation of the heat pump. l Avoid storing chemical containers near the heat pump. The chemicals can cause equipment damage. l Avoid placing objects near or on top of the heat pump. This includes shrubbery and lawn furniture. These objects will reduce performance and efficiency and hinder maintenance access.

Great Big Bopper® (Side View) Great Big Bopper® (Top View)

1.3 Dimensions
(Great Big Bopper®)
1 - Installation
Resolution No. XXXX

Page 26 of 26 ends

City of Menlo Park
100 TERMINAL AVENUE (MPCC)
Location Map
Scale: 1:4,000 Drawn By: CRT Checked By: DMC Date: 5/23/2023 Sheet: 1 ATTACHMENT B Page I-1.32
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Planning Commission
REGULAR MEETING DRAFT EXCERPT MINUTES – 100 TERMINAL AVENUE Date: 04/24/2023
Time: 7:00 p.m.

Location: Zoom.us/join – ID# 862 5880 9056 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
A. Call To Order
Acting Chair Cynthia Harris called the meeting to order at 7:00 p.m.

B. Roll Call

Present: Cynthia Harris (Acting Chair), Henry Riggs, Jennifer Schindler, Michele Tate

Absent: Andrew Barnes, Linh Dan Do
Staff: Theresa Avedian, Senior Civil Engineer; Corinna Sandmeier, Principal Planner; Chris Turner, Associate Planner
F. Public Hearing
Acting Chair Harris said the item F1 agenda listing was revised; she read the revised listing into the record.

F1. Use Permit/City of Menlo Park/100 Terminal Avenue:

Considertinue and adopt a resolution to deny a use permit to exceed the maximum nighttime noise limit of 50 dBA, measured at residential property lines, to accommodate electric pool heating equipment for the approved Menlo Park Community Campus development currently under construction located at 100 Terminal Avenue in the PF Public Facilities Zoning District. Continued from meeting of 3/27/23. (Staff Report #23-023-PC)
Associate Planner Chris Turner said an additional piece of correspondence was sent late that afternoon directly to the Planning Commission generally expressing concern with exceeding the zoning requirement and current excessive noise in the area from construction.

Acting Chair Harris opened the public hearing.

Public Comment:
 Arlene Navarro spoke but her comments were not audible on the recording.  Ruby (no last name given) suggested pool covers to keep the pool warm rather than the use of heat pumps and exceeding the noise ordinance.

ATTACHMENT D Page I-1.33
Planning Commission Draft Excerpt Minutes – 100 Terminal Avenue April 24, 2023

Page 2 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov  Pam Jones, District 1, requested that an exemption be made to allow for fuel energy heating of the pools as the electric technology was not advanced enough to run quietly.  Luis Reyes, said the noise issue should be resolved now when construction was occurring to avoid larger future problems and a noise compliant issue system should be used.

Acting Chair Harris closed the public hearing.

Commissioner Tate said she thought when this item was brought back to the commission that additional information on potential heating units would be reported.

Senior Civil Engineer Theresa Avedian said at the last meeting on this item staff was requested to address a public comment inquiring about the use of some different heat pumps. She said they had previously studied using a smaller heat pump. She said 28 of those smaller heat pumps would be needed to achieve the heating needed. She said it was not feasible to put those on the roof of the pool building as the structure was not meant to support such weight. She said to space those elsewhere on the site on the south part of the building meant they would need to extend along the property line, which would be closer to residences and would not meet the noise limitation either.

Commissioner Tate said that information was in the staff report, but she recalled from the previous meeting on the item that several options were mentioned, and she believed it was Commissioner Riggs who had asked if any additional research had been done and were told no. She said unfortunately it seemed the commission had not made it understood that it wanted to hear about additional research at tonight’s meeting.

Planner Sandmeier said the use permit request was specific to the exceedance of the noise limits and staff was directed to prepare findings of denial so beyond that any changes of design that would not require exceedance of the noise limitations was not really part of the use permit request nor within the commission’s purview.

Commissioner Riggs said his concern and he thought that might reflect the neighborhood’s concern was that city volunteers were first asked to review the noise situation from the proposed heat pumps in October 2022. He said the question asked was if equipment could be designed that would provide less noise. He said it was concerning that three meetings later it appeared that after a brief effort prior to January 12th that no further effort had been made by the design team to solve and respond to the concerns of the public. He said he understood the planning commission’s purview was limited to approval or denial of the request for additional noise at the project site. He said with three meetings in which the neighbors expressed specific concerns about this matter that he thought it appropriate for the design team to respond to the planning commission’s urgings.

Acting Chair Harris said some constituents had made suggestions in writing to bring the pool heating noise levels into compliance. She said she understood the commission’s purview was to approve or deny the use permit. She asked if any of those suggestions had been considered and noted the letter from Angela Evans.

Planner Turner said that Ms. Avedian had responded to those suggestions in writing to Ms. Evans.

Ms. Avedian said that Ms. Evans’ suggestions were addressed in the written staff report. She said although they were not currently looking at alternative equipment to heat the pool that they were Page I-1.34
Planning Commission Draft Excerpt Minutes – 100 Terminal Avenue April 24, 2023

Page 3 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov looking at other options to reduce the noise level. She said they were working on their modeling to make it more accurate noting their previous modeling was very conservative and did not account for the pool cover or solar thermal heating. She said they were finding that solar thermal heating should be able to provide much of the needed heat most of the time. She said they were doing an hourly simulation to see if it was possible to overheat the pools between 8 and 10 p.m. and avoid nighttime running of the heat pumps. She said they were continuing to solve for the issue.

Acting Chair Harris asked what and when the public might expect to hear about such solutions.

Ms. Avedian said they expected the calculations she mentioned to be done soon. She said she was unaware of any formal way they planned to present those results to the public. She said if there was interest that they could look into that.

Acting Chair Harris said there was a great deal of interest from the community and hoped they would be updated frequently as developments were managed.

Commissioner Riggs moved to approve a resolution to deny the use permit and direct staff and the project consultant to continue to evaluate options that would allow the project to operate at a level under 50 decibels at night. Commissioner Tate seconded the motion.

Mariam Sleiman and said legally if the planning commission wanted the city to explore other options and to keep the research that was something the city manager would need to determine as to whether staff time should be spent on that. She said the commission’s scope now was to take action on the item to deny the use permit.

Acting Chair Harris asked if the motion could request that the city manager direct staff and the consultant to continue evaluating options that would allow the project to operate under 50 decibels at night.

Counsel said the decision was approval to deny and no conditions.

Acting Chair Harris said part of the reason the item was continued to tonight was that the language the planning commission expected to see the last time it came for denial was not there, which included looking at ways for the project to operate at a level under 50 decibels at night.

Counsel said that language was in the resolution to reduce the noise to below 50 decibels and the municipal code was clear that 50 decibels was the requirement. She said the decision before the commission now was about the denial and it was limited to that action.

Acting Chair Harris said some of them were frustrated with that and were interested in having city staff and the project consultant continue to evaluate options that would allow the project to operate at a level under 50 decibels at night. She said she guessed that was now in the record and that was the best the planning commission could do.

Counsel said staff could pass the information along to the city manager and ask to determine if staff time should be spent on that.

Commissioner Tate asked if the city manager was unaware of this request noting that the item had been continued to allow for inclusion of language to continue to evaluate options that would allow Page I-1.35
Planning Commission Draft Excerpt Minutes – 100 Terminal Avenue April 24, 2023

Page 4 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov the project to operate at a level under 50 decibels at night. She said when they discussed that language the city attorney present said that was within the commission’s purview to put that language in as something it would like to see and so that the city council would start looking into it.

She said she was confused why this had not come to the attention of the city manager that this was an issue as now the commission was stalled and the people it represented in the community were not happy and were not going to get what was best for them.

Planner Sandmeier said Mr. Reinhardt just sent her a message that the city manager was aware of the situation. She said the resolution was updated to include the planning commission’s desire that the project operate below 50 decibels.

Commissioner Riggs noted instances in which the commission required second story homes to not have windows on the second floor that caused privacy impacts although that was not illegal by code.

Planner Sandmeier said an approval of a use permit might be conditioned but a denial of a use permit could not be conditioned.

Acting Chair Harris said she would be comfortable approving the denial as she thought the record made it clear that the city should continue to seek options for the project to operate under 50 decibels at night. She said for the record also that the community should be kept apprised by the city of what the ensuing developments were from that research.

Commissioner Riggs said he would change his motion to simply adopt a resolution to deny the use permit. Commissioner Tate said she would not second the motion. Commissioner Schindler seconded the motion. She said the city and the city as an applicant in this case was going to be a leader in this case in terms of exceeding the expectations the community had for it and doing better than just what the regulation allowed by having less than 50 decibel noise levels at night.

ACTION: Motion and second (Riggs/Schindler) to adopt a resolution to deny a use permit to exceed the maximum nighttime noise limit of 50 dBA, measured at residential property lines, to accommodate electric pool heating equipment for the approved Menlo Park Community Campus development currently under construction at 100 Terminal Avenue in the PF Public Facilities Zoning District; passes 3-1 with Commissioner Tate opposed and Commissioners Barnes and Do absent. -endPage I-1.36
Potential location of wooden fence
PG&E driveway
access gate ~540' long, 7'-0"
high acoustic fence
ATTACHMENT E Page I-1.37
Estimated Noise Levels in Decibels (dBA)
Page I-1.38
Images of a typical mass loaded vinyl wooden fence
(This example is merely to illustrate the inner vinyl layering of this fence type, which is enclosed on both sides with wooden fence planks when finished. The concrete block base shown in this illustration is a retaining wall, and would not be needed for the proposed sound wall.) Page I-1.39 E
11 35
ABDGJ
24 F

3.2 1.2

1.1 2.3

2.5 3.7 3.5
B.9
E.4
E.6
H.9E
11 35
ABDGJ
24 F

3.2 1.2

1.1 2.3

2.5 3.7 3.5
B.9
E.4
E.6
H.9
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
6 ft
6 ft
6 ft
6 ft
4 ft
3 ft
3 units
2 units
6 ft
4 ft 6 ft
5 ft
6' tall chainlink fencearound playarea
Currently designedlocation of ASHPs

ATTACHMENT F
Page I-1.40
Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-131-CC
Public Hearing: Consider a City Council call-up of the Planning Commission’s decision to approve a use permit for
live entertainment, on-site consumption of alcohol,
and outdoor seating until 2 a.m. for the proposed
restaurant use and architectural control for exterior
modifications to the existing commercial building,
including modifications to the storefront along the
El Camino Real frontage and a new deck and trellis
area in the rear of the building to accommodate
outdoor dining for the proposed restaurant located
at 961 El Camino Real
Recommendation
Staff recommends that the City Council consider the City Council call-up request of the Planning Commission’s approval of a use permit for live entertainment, on-site consumption of alcohol, and outdoor seating until 2 a.m. for the proposed restaurant use and architectural control for exterior modifications to the existing commercial building, including modifications to the storefront along the El Camino Real frontage and a new deck and trellis area in the rear of the building to accommodate outdoor dining for the proposed restaurant located at 961 El Camino Real.

Per §16.86.040 of the Zoning Ordinance, the City Council may affirm, reverse, or modify the decision of the Planning Commission. To reverse or modify the Planning Commission’s decision shall require the affirmative vote of three-fifths of the City Council (or three City Councilmembers.) If the City Council does not take any action on the call-up, the Planning Commission’s action shall be deemed affirmed. The City Council’s action would be considered final and the decision may not be appealed.

Staff recommends that the City Council uphold the Planning Commission’s approval with modifications to end the indoor live entertainment at 11 p.m., as previously recommended by staff. A draft resolution, including Staff’s previously recommended conditions, is included as Attachment A. Depending on the action of the City Council, the resolution could be revised to reflect any modifications.

Policy Issues
Each use permit and architectural control request is considered individually. The City Council should consider whether the required use permit and architectural control findings can be made for the proposal, and whether the proposed project furthers the goals of the City and is consistent with the El Camino Real/Downtown Specific Plan. One of the City Council’s priorities is enhancing the Downtown’s vibrancy and a goal of the Specific Plan is to preserve and enhance community life, character and vitality through public space improvements. The proposed project would retain the existing character of the building and increase downtown activity, foot traffic, and enhance community life by creating a public gathering space.

Page I-2.1 AGENDA ITEM I-2
Staff Report #: 23-131-CC

Page 2 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Background
Project location
The subject property is located on El Camino Real, between Menlo Avenue and Live Oak Avenue, at 961 El Camino Real. The project site is within the El Camino Real/Downtown Specific Plan’s El Camino Real South-West (ECR SW) district and has a land use designation of El Camino Real Mixed-Use Residential (ECR-MU). The surrounding lots are all part of the SP-ECR/D zoning district. Surrounding properties near the subject property include a mixture of commercial uses, such as retail, restaurant, and a live entertainment theater and residential uses on Live Oak Avenue. The project site is in close proximity to the recently completed mixed-use office and residential development at 650-660 Live Oak Avenue. A location map is included as Attachment B.

Planning Commission review and action
On April 10, the Planning Commission reviewed the use permit requests for live entertainment, on-site consumption of alcohol, and outdoor seating for the proposed restaurant use, and architectural control for exterior modifications to the existing commercial building. Staff recommended that the indoor live entertainment end by 11 p.m. to coincide with the end time for performances at the Guild Theatre next door and to reduce any potential noise impacts or other disturbances to the surrounding neighborhood. At the meeting, the Planning Commission discussed the hours of operation and how the new restaurant could complement the Guild Theater next door, where the patrons of the Guild would be able to take advantage of the restaurant before and after an event. The Planning Commission stated that the extended hours for the indoor live entertainment and sale of alcohol associated with a restaurant use generally seemed appropriate along El Camino Real. The current property owner spoke in favor of the proposed project.

The Planning Commission approved the use permit and architectural control for the proposed live entertainment, on-site consumption of alcohol and outdoor seating associated with a restaurant until 2 a.m. with the following condition of approval:
• Twelve months after occupancy, staff shall review complaints within the community. If, depending on trend lines in the community, staff believes this establishment may be responsible for disturbances between 11 p.m. to 2 a.m., the live entertainment use between the hours of 11 p.m. and 2 a.m. shall be scheduled for review by the Planning Commission. The Commission’s review would be limited to the live entertainment use between the hours of 11 p.m. and 2 a.m.

More details about the proposed project are included in the Planning Commission staff report, Planning Commission resolution, and the draft meeting minutes included as Attachments C, D and E, respectively.

City Council call-up of the Planning Commission action
Menlo Park Municipal Code (MPMC) §16.86.025 states the City Council or any member of the City Council may call up any final decision of the Planning Commission by filing a notice of call-up with the city clerk within 15 days of the Planning Commission action. On April 23, City Councilmember Nash requested to call-up the Planning Commission’s action on the project at 961 El Camino Real. The call-up letter is included as Attachment F.

Planning Commission and City Council purview
In the ECR-SW district, a restaurant is a permitted use, and the hours of operation for the use is permitted until 2 a.m. and not subject to the permit requirements in MPMC Chapter 8.12. This means the proposed restaurant use is permitted by right and the applicant may utilize the proposed location for a restaurant without discretionary review or approval by City staff, the Planning Commission or the City Council. Table Page I-2.2
Staff Report #: 23-131-CC

Page 3 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov E1 on pages E6 and E7 of the Specific Plan identifies the allowable uses by sub-district.

In contrast, the proposed three ancillary uses associated with the restaurant ((1) the sale of alcohol in conjunction with a restaurant, (2) live entertainment and (3) outdoor seating) are administratively permitted uses, and are not permitted by right. Administrative permits are reviewed and approved by the community development director and appealable to the Planning Commission, and ultimately appealable to the City Council. Administrative actions, at the request of the applicant, may be reviewed through a use permit by the Planning Commission, typically when bundled with other applications requiring Planning Commission review. In this case, the applicant requested to have the Planning Commission review the three administratively permitted uses concurrently with the architectural control application.

As a City Council call-up, the City Council may uphold the Planning Commission’s action, modify the Planning Commission’s action, or reverse the Planning Commission’s action and deny the proposed project in whole or in part. As part of its review, the City Council has the ability to consider additional performance standards, conditions, or limitations on the requests for live entertainment, alcohol sales associated with the restaurant, and the outdoor seating. These requirements could include limiting the hours for the sale of alcohol, use of the outdoor seating area, and live entertainment. These potential limitations could be independent of the hours of operation of the restaurant. Additional options for City Council consideration include, but are not limited to, limiting the number of live entertainment events over a specific duration (e.g., three events per week), prohibiting speakers and/or televisions on the outdoor patio, setting a maximum occupancy for the outdoor seating, or modifying the permitted Alcohol Beverage Control (ABC) license type.

Analysis
Proposed project
The project is requesting use permits for live entertainment, on-site consumption of alcohol, and outdoor seating until 2 a.m. for the proposed restaurant use, and architectural control for exterior modifications to the existing commercial building, including modifications to the storefront along the El Camino Real frontage and modifications to landscaping, including a new deck and trellis area in the rear of the building to accommodate outdoor dining, as detailed below.

The proposed project includes requests for live entertainment, outdoor seating, and alcohol sales associated with a restaurant. These uses are administratively permitted within the El Camino Real Specific Plan. When these uses are requested alongside another discretionary action (e.g., architectural control), applicants may request to have the Planning Commission review these administratively permitted uses though a use permit. This process can be more streamlined for applicants and potentially allow prospective businesses to begin operations sooner. The applicant for the proposed project requested the live entertainment, outdoor seating, and the sale of alcohol be reviewed through the use permit process.

Live entertainment
The applicant is proposing to provide live entertainment inside the proposed restaurant, which would include unamplified acoustical music and other performances, to coincide with the hours of operation (11 a.m. and 2 a.m.). Pursuant to Municipal code section 8.12.020, the proposed hours of operation (11 a.m. to 2 a.m.) are permitted for a restaurant. As explained above, live entertainment uses are not permitted by right and only permitted subject to an administrative permit. The determination on whether to allow live entertainment is discretionary. The Planning Commission reviewed the proposal and determined that indoor unamplified live entertainment until 2 a.m. would be appropriate at this location and modified the conditions of approval to permit the hours of live entertainment to coincide with the permitted hours of the proposed restaurant.

Page I-2.3
Staff Report #: 23-131-CC

Page 4 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Outdoor seating
The applicant is requesting an outdoor seating area to provide additional seating for the restaurant. The additional seating would be located in the rear yard behind the building and accessed through a walkway to the right side of the building. The outdoor seating is proposed under a new trellis, which is anticipated to accommodate approximately 32 seats. The project plans and project description letter identify eight tables with four seats within the outdoor seating area and the Planning Commission’s resolution of approval referenced eight tables. Through the City Council call-up staff has revised the resolution to clarify that the proposal would include capacity for up to approximately 32 seats outdoors. Since table configurations can fluctuate, staff believes the recommended draft resolution should reference the approximate capacity referencing seats instead of tables. The Planning Commission action would not limit the hours for outdoor seating; however compliance with the City’s noise ordinance would be required. The City’s noise ordinance limits noise at the nearest residential property line to 60 decibels during the daytime hours and 50 decibels during the nighttime hours. Nighttime hours begin at 10 p.m. This lower noise threshold could potentially limit the hours for outdoor seating or result in modifications necessary to reduce noise (e.g., turning off or lowering the volume of any potential outdoor speakers). As a point of reference, the nearest residential property line at 650 Live Oak Avenue is approximately 55 feet away from the proposed outdoor seating area.

Alcohol sales and determination of public convenience or necessity The applicant is requesting a use permit for a Type 47 ABC license to sell beer, wine and spirts for on-site consumption at the proposed restaurant. A Type 47 ABC license allows for sale of beer, wine, and distilled spirits associated with a bona fide eating place (restaurant). To qualify for this license type a business must include suitable kitchen facilities, and must make actual and substantial sales of meals for consumption onsite. This license type also allows minors to be on the premises. The ABC regulates bars and nightclubs through a Type 48 license, which does not require food service and prohibits minors from being on-site.

Bars in the El Camino Real Downtown Specific Plan require a use permit, where restaurants are permitted uses and restaurants with alcohol service are administratively permitted. As explained above, this means that restaurants with alcohol service must obtain discretionary review and approval in order to serve alcohol.

The ABC looks at the number of businesses with permits for the sale of alcohol for on-site consumption in a particular census track to determine if a census track is considered over concentrated. If a census track is considered over concentrated, a project requires a finding of public convenience or necessity from the Planning Commission to obtain an ABC license for the sale of alcohol for on-site consumption. The Planning Commission reviewed the proposal and made the necessary findings for public convenience or necessity.

Architectural control
The proposed project would include exterior and interior modifications to an existing commercial building to reconfigure gross floor area to enclose an existing recessed area, and create a new entry to the side of the building, among other proposed storefront modifications. Additionally, the proposed project includes modifications to the landscaping, which would include new decking, a new trellis to accommodate outdoor seating, and planting of new trees to the rear (west) of the property. The project would exceed the ECR SW open space requirement of 30% of the lot, with approximately 42% (1,800 square feet) proposed.

Landscaped areas along the back of the restaurant, used for outdoor seating and accessed by a walkway, would provide approximately 1,800 square feet of open space, which counts toward the total open space requirement for the parcel.

Page I-2.4
Staff Report #: 23-131-CC

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Parking and circulation
The subject property does not have any parking spaces on-site. The Specific Plan requires six parking spaces per 1,000 square feet for restaurant use, resulting in a requirement of 18 parking spaces for the proposal. However, Assembly Bill (AB) 2097, passed in September 2022, added Section 65863.2 to the Government Code prohibiting public agencies from imposing any minimum parking requirement on any residential, commercial, or other development project located within one-half of a mile of public transit. In this case, the City has determined AB 2097 applies because the development is within one-half of a mile of the Menlo Park Caltrain station. Therefore, the project is not subject to minimum parking requirements.

Patrons of the restaurant that arrive by car could utilize street parking or the City’s public parking plazas in the downtown area.

Pedestrian access to the restaurant would be through a building entry facing El Camino Real, and a side access through a passageway, which would have a ramp for American with Disabilities Act (ADA) accessibility. Loading and unloading would occur in the existing yellow curb loading zone on El Camino Real in front of the project site. The yellow curb allows for both pedestrian and commercial loading and unloading. The applicant proposes to utilize the loading zone for deliveries as well as for loading and unloading of any equipment for the live entertainment. City staff informed the applicant during the review process that future bicycle and pedestrian improvements along El Camino Real could result in the removal or modification of this loading zone.

Correspondence
As of noon May 19, staff has received three additional items of correspondence from neighbors identifying concerns regarding parking, hours of operation of the outdoor seating, noise from the live entertainment extending beyond the hours of operation for the Guild, and safety. Staff also received an email relaying concerns regarding bicycle and pedestrian circulation and the potential for the existing loading zone use to impact future bicycle lanes on El Camino. In response to a commenter’s questions, staff clarified for that commenter that the proposed live entertainment would be indoors only and unamplified, and that per Assembly Bill 2097, the City’s parking requirements are not applicable to the proposed project. Lastly, staff received two letters of support for the project that were sent to the Planning Commission without a copy to the City Council. These six letters are included as Attachment G.

Additionally, as of noon May 19, the City Council email log has received approximately 65 letters in support of the proposed project and three letters in opposition to the proposed project, generally raising concerns about potential noise. Those letters are available on the City Council email log and can be accessed through the link in Attachment H. The applicant team has also shared with staff a letter detailing the Planning Commission meeting, discussion and approval, and a request that the City Council uphold the Planning Commission’s approval (Attachment I).

Conclusion
The proposal would meet the Specific Plan’s Base level standards, which were established to achieve inherent public benefits, such as the redevelopment of underutilized properties, the creation of more vitality and activity, and the promotion of healthy living and sustainability. The proposed design elements would provide an update to the building’s existing design while maintaining the earlier appearance of the building, and the addition of a restaurant with live entertainment and outdoor seating would add vibrancy to the downtown area.

Staff believes the proposed sale for on-site consumption of beer, wine, and spirits at the proposed restaurant would provide a convenience and service to the residents, visitors and employees of the area.

The live entertainment would be indoors and unamplified. The outdoor seating would be required to comply Page I-2.5
Staff Report #: 23-131-CC

Page 6 ends

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov with the City’s noise ordinance limitations. Staff recommends that the City Council consider and uphold the Planning Commission’s approval with a modification to end the indoor live entertainment at 11 p.m. per the staff’s previous recommendation to the Planning Commission. Staff’s previous recommendation was drafted with input from the Police Department through the development review process. Staff also recommends that the City Council remove the Planning Commission’s 12-month review condition if the live entertainment is required to end at 11 p.m.

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 through the appeal period for the Planning Commission’s action. As a City Council call-up, the time spent evaluating the proposed project after the Planning Commission appeal period is not the responsibility of the applicant and will be accommodated by the City’s general fund.

Environmental Review
The proposed project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines.

Attachments
A. Draft City Council resolution of approval adopting findings for project use permit and architectural control including project conditions of approval as recommend by staff.

Exhibits to Attachment A
A. Project plans
B. Project description letter
C. Conditions of approval
D. Mitigation monitoring and reporting program
B. Location Map
C. Hyperlink – April 10 Planning Commission staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/planning-commission/2023- meetings/agendas/20230410-planning-commission-agenda-packet.pdf#page=16 D. Planning Commission resolution
E. Draft April 10 Planning Commission meeting minutes – excerpt F. Notice of call up
G. Correspondence
H. Hyperlink – City Council email log: https://www.hiago.app/en/organizations/menlo-park I. Applicant letter on City Council call-up

Page I-2.6
Staff Report #: 23-131-CC

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

Fahteen Khan, Associate Planner
Report reviewed by:

Kyle Perata, Planning Manager
Deanna Chow, Assistant Community Development Director
Page I-2.7
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING A USE PERMIT FOR LIVE ENTERTAINMENT, ONSITE

CONSUMPTION OF ALCOHOL AND OUTDOOR SEATING FOR A PROPOSED

RESTAURANT AND ARCHITECTURAL CONTROL REVIEW FOR EXTERIOR

AND INTERIOR MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING AND LANDSCAPING AT 961 EL CAMINO REAL
WHEREAS, the City of Menlo Park (“City”) received an application requesting architectural control review for exterior and interior modifications to an existing commercial building. The proposal also includes use permit requests for live entertainment, onsite consumption of alcohol and outdoor seating in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Jaime D’Alessandro – Clockworks DHJ, LLC (“Applicant”), on behalf of the property owner Alexander Delly – 961 El Camino Real, LLC (“Owner”), located at 961 El Camino Real (APN 071-288-210) (“Property”). The Architectural Control and Use Permit are depicted in and subject to the development plans and project description letter which are attached hereto as Exhibits A and B 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 (SW) sub-district, which supports a variety of uses including restaurants, retail, residential, and business and professional offices; and WHEREAS, the findings and conditions for the architectural control and use permit 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
WHEREAS, the Applicant submitted an arborist report prepared by Urban Tree Management Inc., which was reviewed by the City Arborist and found to be in compliance with the Heritage Tree Ordinance and proposes mitigation measures to adequately protect heritage trees in the vicinity of the project; 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 Project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
ATTACHMENT A Page I-2.8
WHEREAS, at a duly and properly noticed public hearing held on April 10, 2023, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the architectural control permit, and use permit.

WHEREAS, the Planning Commission voted to conditionally approve the use permit and architectural control with modifications to permit the live entertainment to extend until 2 a.m. to correspond with the permitted hours of operation for the restaurant; and WHEREAS, the Planning Commission’s decision was called up to the City Council pursuant to Section 16.86.025 of the Menlo Park Municipal Code; and WHEREAS, at a duly and properly noticed public hearing held on May 23, 2023, the City Council fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the Project.

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

Section 2. Conditional Use Permit Findings. The City Council of the City of Menlo Park does hereby make the following Findings:

The approval of the use permit to allow live entertainment, onsite consumption of alcohol and outdoor dining is granted based on the following findings which are made pursuant to Menlo Park Municipal Code Section 16.82.030:

1. That the establishment, maintenance, or operation of the use applied for will, under the circumstance of the particular case, not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city because:
a. Consideration and due regard were given to the nature and condition of all adjacent uses and structures, and to general plans for the area in question and surrounding areas, and impact of the application hereon; in that, the proposed use permit is consistent with the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district, and the El Camino Real South-West (SW) sub-district and the General Plan because live entertainment, onsite consumption of alcohol and outdoor seating with granting of a use permit is permitted.
b. The proposed Project is designed to meet all the applicable codes and ordinances of the City of Menlo Park Municipal Code, and the City Council concludes that the Project would not be detrimental to the health, safety, and welfare of the surrounding community as the sale of alcohol would require permitting from the State ABC to ensure compliance with all applicable ABC requirements and has been reviewed by the City’s Police Department. The live entertainment would be limited to the hours of 11 a.m. to 11 p.m. pursuant to conditions of approval (Exhibit C), and outdoor seating would accommodate approximately 32 seats. The proposal is consistent with the surrounding area, including Resolution No. XXXX

Page 2 of 47 ends

the adjacent Guild theater and nearby restaurants that sell alcohol for on-site consumption. The limited size of the outdoor seating would reduce the likelihood of noise or other disturbances to nearby residences. Additionally, the project would be subject to the City’s noise ordinance.
c. The proposed on-site sale of alcohol would serve a public convenience, because the proposed use would allow new and existing residents (including those of the newly constructed developments at 500 El Camino Real and 1300 E Camino Real), visitors and employees of the immediate vicinity a convenient location to dine and purchase alcohol for on-site consumption.

Section 3. Architectural Control Findings. The City Council of the City of Menlo Park does hereby make the following Findings:

The approval of the architectural control for the modifications to the exterior of an existing building and modifications to the landscaping is granted based on the following findings which are made pursuant to Menlo Park Municipal Code Section 16.68.020:

1. That the general appearance of the structure is in keeping with the character of the neighborhood; in that, the project is designed in an eclectic architectural style consistent with the diverse aesthetic of the surrounding neighborhood. There would be no increase in Gross Floor Area (GFA) as part of the project.

2. That the development will not be detrimental to the harmonious and orderly growth of the city; in that the project which is a remodel project fits within the eclectic architectural styles seen in the area. The proposed project is designed in a manner that is consistent with all applicable requirements of the City of Menlo Park Municipal Code and the Specific Plan, and the Project land uses would represent a balanced project.

3. That the development will not impair the desirability of investment or occupation in the neighborhood; in that, the Project consists of exterior and interior modifications consistent with the Municipal Code. The proposed materials and colors used for the front façade will be compatible with the appearance of the existing neighboring buildings. Therefore, the Project would not impair the desirability of investment or occupation in the neighborhood.

4. The development is subject to Assembly Bill 2097 (AB 2097), as such, it is not required to provide parking. AB 2097 prohibits the imposition of parking requirements on any residential, commercial or other development project located within half a mile of public transit. The development is located within half a mile from the Menlo Park Caltrain station. In this case, the City has determined AB 2097 applies because the development is within a half mile of the Menlo Park Caltrain station, and the development results in a change of use and substantial modifications. Therefore, no minimum parking requirements may be imposed.

5. That the project is consistent with applicable specific plan regulations and guidelines, in that, pursuant to Menlo Park Municipal Code Section 16.80.120, existing buildings approved in the El Camino Real/Downtown specific plan area prior to the adoption of the El Camino Real/Downtown specific plan, on June 12, 2012, shall be exempt from the development standards of El Camino Real/Downtown specific plan, and may undergo interior and/or exterior improvements to the existing building if there is no increase in the gross floor area.

The proposal complies with applicable standards summarized in the Specific Plan Standards and Guidelines Worksheet incorporated herein as Exhibit D. The proposal includes removing GFA along the left side of the building and enclosing a recessed area along the front of the building, which is permitted as this would reconfigure but not increase the GFA of the existing building.

Resolution No. XXXX

Page 3 of 47 ends

Section 4. Architectural Control Permit, and Conditional Use Permit. The City Council hereby approves the Architectural Control Permit and Use Permit PLN2022-00041, which Architectural Control and Use Permit are depicted in and subject to the development plans and project description letter, which are attached hereto and incorporated herein by this reference as Exhibit A and Exhibit B, respectively. The Architectural Control and Use Permit are conditioned in conformance with the conditions attached hereto and incorporated herein by this reference as Exhibit C. Further the Use Permit and Architectural Control Permit would comply with the applicable Specific Plan Mitigation Monitoring and Reporting Program measures incorporated herein by this reference as Exhibit E.

Section 5. ENVIRONMENTAL REVIEW. The City Council makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:

A. The Project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines.

Section 6. 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.

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 May, 2023.

Judi A. Herren, City Clerk
Exhibits:

A. Project plans
B. Project description letter
C. Conditions of approval
D. Specific plan standards and guidelines worksheet
E. Applicable measures from the Specific Plan Mitigation Monitoring and Reporting Program
Resolution No. XXXX

Page 4 of 47 ends

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Resolution No. XXXX Page 14 of 47
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Resolution No. XXXX Page 15 of 47
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Resolution No. XXXX Page 16 of 47
Page I-2.23

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Page I-2.24
Resolution No. XXXX

Page 18 of 47 ends

Page I-2.25
1 Clockworks
Project Description
March 21, 2023
Project Site
The subject property is located at 961 El Camino Real to the south of the corner of El Camino Real and Menlo Avenue, on the edge of the Downtown area. The parcel is located within the El Camino Real/Downtown Specific Plan’s El Camino Real South-West (ECR SW) sub-district. The parcel consists of a one-story commercial building (Menlo Clock Works). The Clock Works store provides for watch and clock repair, as well as retail sales.

The surrounding properties are also located in the SP/ECR-D zoning district. The parcels to the north, across El Camino Real, and to the south are developed with offices. The property to the west, consists of a small shopping center with a variety of retail, service and restaurant uses. Directly adjacent to the east is the Guild Theater, and to the south (rear of the property) is a parking lot that is part of the office use located at 611 Menlo Avenue.

Project Description
The project is proposing a restaurant within the existing commercial building. The restaurant is intended to be a full-service restaurant (including the serving of alcohol) that will include an interior and outdoor dining area, as well as a kitchen/preparation area, counter, as well as storage, etc. The restaurant would occupy approximately 2,952 square feet, which is equivalent to the existing building area, plus a small trash area to be located at the rear of the building. Loading and deliveries would take place by using the side entry located at the northern portion of the building. Delivery trucks can park directly in front of the building at the loading zone along the El Camino Real.

It is intended that the restaurant would be open daily, with the typical hours of operation between 11 a.m to 2 a.m. The restaurant would have approximately 4-6 employees at any given time depending on the demand. Per the project plans, the restaurant would include seating for between 10-12 tables and the outdoor seating would include up to 8 tables. The project proposes a small indoor area to be used for live entertainment. This would only include unamplified music or other similar performances that would take place during the restaurant operating hours of 11 am to 2 am. The project would obtain a On Sale GeneralEating Place license (Type 47) from the California Department of Alcohol Beverage Control.

The project has completed public outreach by talking with and notifying their immediate neighbors by informing them of the project and sharing the project plans. In addition, the City sent out a project notice to a required radius.

Architectural Style/Site Layout
Very minimal exterior changes to the building are proposed (please refer to Project Plans) and would retain the overall current building form and elements (main entry and windows) of the existing building. The existing and proposed architectural style is considered early 20th century commercial architectural style
EXHIBIT B Resolution No. XXXX

Page 19 of 47 ends

2 The project does propose removal of a door, window and awning along the El Camino Real frontage in order to provide for restrooms with the building. The project would add a trash enclosure along the rear elevation. Access to the rear of the building would continue to be located via a walkway along the northern portion of the building. This walkway would also provide for ADA access to the restaurant. As stated above, the project proposes to construct new tenant improvements within the space, including the construction of new bathrooms, a kitchen/preparation area, oven area, dining room/seating area and a counter seating area.

Parking and Circulation
The project is proposed in a building that is currently used for retail uses that predates the developments with on-site parking, as such there is no parking on the project site.

Customer parking demands are not expected to be excessive based on the hours of operation and the alternative transportation modes (such as biking and walking) available to customers due to the proposed restaurant’s location. Based on the project location (within 1/2 mile of transit), the proposed use and the passage of AB 2097, there are no minimum parking requirements applicable to the project.

Resolution No. XXXX

Page 20 of 47 ends

961 El Camino Real
PAGE: 1 of 2
LOCATION: 961 El
Camino Real
PROJECT NUMBER:

PLN2022-00041
APPLICANT: Jaime
D’Alessandro
OWNER: 961 El Camino
Real, LLC
CONDITIONS OF APPROVAL:

1. Approve the use permit subject to the following standard conditions:
a. The applicant shall be required to apply for a building permit within one year from the date of approval (by April 10, 2024) for the use permit to remain in effect. b. Development of the project shall be substantially in conformance with the plans prepared by CAW Architects consisting of 13 plan sheets, dated received March 16, 2023 and approved by the Planning Commission on April 10, 2023, except as modified by the conditions contained herein, subject to review and approval of the Planning Division. c. Prior to building permit issuance, the applicant shall comply with all Sanitary District, Menlo Park Fire Protection District, and utility companies’ regulations that are directly applicable to the project.
d. Prior to building permit issuance, the applicant shall comply with all requirements of the Building Division, Engineering Division, and Transportation Division that are directly applicable to the project.
e. Prior to building permit issuance, the applicant shall submit a plan for any new utility installations or upgrades for review and approval by the Planning, Engineering and Building Divisions. All utility equipment that is installed outside of a building and that cannot be placed underground shall be properly screened by landscaping. The plan shall show exact locations of all meters, back flow prevention devices, transformers, junction boxes, relay boxes, and other equipment boxes.
f. Simultaneous with the submittal of a complete building permit application, the applicant shall submit plans indicating that the applicant shall remove and replace any damaged and significantly worn sections of frontage improvements. The plans shall be submitted for review and approval of the Engineering Division.
g. Simultaneous with the submittal of a complete building permit application, the applicant shall submit a Grading and Drainage Plan for review and approval of the Engineering Division. The Grading and Drainage Plan shall be approved prior to the issuance of grading, demolition or building permits.
h. Heritage trees in the vicinity of the construction project shall be protected pursuant to the Heritage Tree Ordinance and the arborist report prepared by Urban Tree Management Inc., dated December 9, 2022.
i. Prior to building permit issuance, the applicant shall pay all fees incurred through staff time spent reviewing the application.
j. The applicant or permittee shall defend, indemnify, and hold harmless the City of Menlo Park or its agents, officers, and employees from any claim, action, or proceeding against the City of Menlo Park or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, City Council, Community Development Director, or any other department, committee, or agency of the City concerning a development, variance, permit, or land use approval which action is brought within the time period provided for in any applicable statute; provided, however, that the applicant’s or permittee’s duty to so defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the applicant or permittee of any said claim, action, or proceeding and the City’s full cooperation in the applicant’s or permittee’s defense of said claims, actions, or proceedings.
k. Notice of Fees Protest – The applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this Resolution No. XXXX

Page 21 of 47 ends

961 El Camino Real
PAGE: 2 of 2
LOCATION: 961 El
Camino Real
PROJECT NUMBER:

PLN2022-00041
APPLICANT: Jaime
D’Alessandro
OWNER: 961 El Camino
Real, LLC
CONDITIONS OF APPROVAL:
development. Per California Government Code 66020, this 90-day protest period has begun as of the date of the approval of this application.

2. Approve the use permit subject to the following project-specific conditions:
a. The applicant shall adhere to and/or implement all mitigation measures which apply to this Project and were adopted as a part of the Mitigation Monitoring and Reporting Programs (MMRPs) for the ConnectMenlo General Plan and the Downtown Specific Plan. These mitigation measures are set forth in Attachment E, attached hereto and incorporated herein by this reference. Failure to meet these requirements may result in delays to the building permit issuance, stop work orders during construction, and/or fines. b. Live entertainment shall be limited to the hours of 11 a.m. to 11 p.m.

Resolution No. XXXX

Page 22 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.1 Development Intensity
E.3.1.01 Standard Business and Professional office (inclusive of medical and dental office) shall not
exceed one half of the base FAR or public
benefit bonus FAR, whichever is
applicable.

Complies:

The base FAR is 1.1 (4,579.3 sf).

Project is a restaurant and has no
Professional or Business Office
use.

E.3.1.02 Standard Medical and Dental office shall not exceed one third of the base FAR or public benefit
bonus FAR, whichever is applicable.

Not applicable:

No medical or dental office proposed at
this time.

E.3.2 Height
E.3.2.01 Standard Roof-mounted mechanical equipment,
solar panels, and similar equipment may
exceed the maximum building height, but
shall be screened from view from publiclyaccessible spaces.

Complies:

Project has no rooftop equipment.

E.3.2.02 Standard Vertical building projections such as parapets and balcony railings may extend
up to 4 feet beyond the maximum façade
height or the maximum building height,
and shall be integrated into the design of
the building.

Not Applicable:

Existing building, no change in height and
no existing or proposed parapet.

E.3.2.03 Standard Rooftop elements that may need to
exceed the maximum building height due
to their function, such as stair and elevator
towers, shall not exceed 14 feet beyond
the maximum building height. Such rooftop
elements shall be integrated into the
design of the building.

Complies:

Project is well below height limit and has
no access to the roof.

E.3.3 Setbacks and Projections within Setbacks
E.3.3.01 Standard Front setback areas shall be developed with sidewalks, plazas, and/or landscaping
as appropriate.

Not Applicable:

The front building wall abuts the front lot
line with minimal setback.

E.3.3.02 Standard Parking shall not be permitted in front setback areas.

Not Applicable:

No parking is provided on site.

E.3.3.03 Standard In areas where no or a minimal setback is required, limited setback for store or lobby
entry recesses shall not exceed a
maximum of 4-foot depth and a maximum
of 6-foot width.

Not Applicable:

The building is not in a no or limited
setback area.

E.3.3.04 Standard In areas where no or a minimal setback is required, building projections, such as
balconies, bay windows and dormer
windows, shall not project beyond a
maximum of 3 feet from the building face
into the sidewalk clear walking zone,
public right-of-way or public spaces,
provided they have a minimum 8-foot
vertical clearance above the sidewalk
clear walking zone, public right-of-way or
public space.

Complies:

Building projections such as balconies,
bay windows and dormer windows are not
proposed. No building projections extend
into the sidewalk clear walking zone.

Resolution No. XXXX

Page 23 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet E.3.3.05 Standard In areas where setbacks are required, building projections, such as balconies,
bay windows and dormer windows, at or
above the second habitable floor shall not
project beyond a maximum of 5 feet from
the building face into the setback area.

Complies:

Building projections such as balconies,
bay windows and dormer windows are not
proposed. No building projections extend
into the sidewalk clear walking zone.

Section Standard or
Guideline
Requirement Evaluation
E.3.3.06 Standard The total area of all building projections shall not exceed 35% of the primary
building façade area. Primary building
façade is the façade built at the property or
setback line.

Complies:

No existing or proposed building
projections are provided.

E.3.3.07 Standard Architectural projections like canopies, awnings and signage shall not project
beyond a maximum of 6 feet horizontally
from the building face at the property line
or at the minimum setback line. There
shall be a minimum of 8-foot vertical
clearance above the sidewalk, public rightof-way or public space.

Complies:

No existing or proposed building
projections are provided.

E.3.3.08 Standard No development activities may take place within the San Francisquito Creek bed,
below the creek bank, or in the riparian
corridor.

Complies:

No development activities are proposed
within the San Francisquito Creek bed,
below the creek bank, or in the riparian
corridor.

E.3.4 Massing and Modulation
E.3.4.1 Building Breaks
E.3.4.1.01 Standard The total of all building breaks shall not exceed 25 percent of the primary façade
plane in a development.

Not Applicable:

Required for buildings south of Live Oak
Avenue.

E.3.4.1.02 Standard Building breaks shall be located at ground level and extend the entire building height.

Not Applicable:

Required for buildings south of Live Oak
Avenue.

E.3.4.1.03 Standard In all districts except the ECR-SE zoning district, recesses that function as building
breaks shall have minimum dimensions of
20 feet in width and depth and a maximum
dimension of 50 feet in width. For the
ECR-SE zoning district, recesses that
function as building breaks shall have a
minimum dimension of 60 feet in width and
40 feet in depth.

Not Applicable:

The subject property is in the zoning
district: ECR-SW and it is an existing
building which is not proposing a façade
change other than adding windows.

E.3.4.1.04 Standard Building breaks shall be accompanied with a major change in fenestration pattern,
material and color to have a distinct
treatment for each volume.

Not Applicable:

Required for buildings south of Live Oak
Avenue.

E.3.4.1.05 Standard In all districts except the ECR-SE zoning district, building breaks shall be required
as shown in Table E3.

Not Applicable:

Required for buildings south of Live Oak
Avenue.

Resolution No. XXXX

Page 24 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.4.1.06 Standard In the ECR-SE zoning district, and
consistent with Table E4 the building
breaks shall:
• Comply with Figure E9;
• Be a minimum of 60 feet in width,
except where noted on Figure E9;
• Be a minimum of 120 feet in width at
Middle Avenue;
• Align with intersecting streets, except
for the area between Roble Avenue
and Middle Avenue;
• Be provided at least every 350 feet in
the area between Roble Avenue and
Middle Avenue; where properties under
different ownership coincide with this
measurement, the standard side
setbacks (10 to 25 feet) shall be applied,
resulting in an effective break of
between 20 to 50 feet.
• Extend through the entire building height
and depth at Live Oak Avenue, Roble
Avenue, Middle Avenue, Partridge
Avenue and Harvard Avenue; and
• Include two publicly-accessible building
breaks at Middle Avenue and Roble
Avenue.

Not Applicable:

The subject property is in the zoning
district: ECR-SW. The building is existing.

E.3.4.1.07 Standard In the ECR-SE zoning district, the Middle Avenue break shall include vehicular
access; publicly-accessible open space with
seating, landscaping and shade; retail and
restaurant uses activating the open space;
and a pedestrian/bicycle connection to
Alma Street and Burgess Park. The Roble
Avenue break shall include publiclyaccessible open space with seating, landscaping and shade.

Not Applicable:

The subject property is in the zoning
district: ECR-SW. The building is existing.

E.3.4.1.08 Guideline In the ECR-SE zoning district, the breaks at Live Oak, Roble, Middle, Partridge and
Harvard Avenues may provide vehicular
access.

Not Applicable:

The subject property is in the zoning
district: ECR-SW
E.3.4.2 Façade Modulation and Treatment
E.3.4.2.01 Standard Building façades facing public rights-ofway or public open spaces shall not exceed 50 feet in length without a minor
building façade modulation. At a minimum
of every 50’ façade length, the minor
vertical façade modulation shall be a
minimum 2 feet deep by 5 feet wide recess
or a minimum 2 foot setback of the building
plane from the primary building
façade.

Not Applicable:

The existing building is 20’-11 1/4” tall, and
is a single story. The width of the building
is 45’-11”.

Resolution No. XXXX

Page 25 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.4.2.02 Standard Building façades facing public rights-ofway or public open spaces shall not exceed 100 feet in length without a major
building modulation. At a minimum of
every 100 feet of façade length, a major
vertical façade modulation shall be a
minimum of 6 feet deep by 20 feet wide
recess or a minimum of 6 feet setback of
building plane from primary building
façade for the full height of the building.

This standard applies to all districts except
ECR NE-L and ECR SW since those two
districts are required to provide a building
break at every 100 feet.

Not Applicable:

The existing width of the building is 45’-
11”.

E.3.4.2.03 Standard In addition, the major building façade modulation shall be accompanied with a 4-
foot minimum height modulation and a
major change in fenestration pattern,
material and/or color.

Not Applicable:

There is no change to the existing building
other than addition of new windows and
reconfiguration of GFA.

E.3.4.2.04 Guideline Minor façade modulation may be
accompanied with a change in fenestration
pattern, and/or material, and/or color,
and/or height.

Not Applicable:

There is no change to the existing building
other than addition of new windows and
reconfiguration of GFA.

E.3.4.2.05 Guideline Buildings should consider sun shading mechanisms, like overhangs, bris soleils
and clerestory lighting, as façade
articulation strategies.

N/A:

There are no shading strategies
proposed. Existing building to
remain.

E.3.4.3 Building Profile
E.3.4.3.01 Standard The 45-degree building profile shall be set at the minimum setback line to allow for
flexibility and variation in building façade
height within a district.

Building height doesn't change and is
well below height limit and 45 degree
requirement.

E.3.4.3.02 Standard Horizontal building and architectural projections, like balconies, bay windows,
dormer windows, canopies, awnings, and
signage, beyond the 45-degree building
profile shall comply with the standards for
Building Setbacks & Projection within
Setbacks (E.3.3.04 to E.3.3.07) and shall
be integrated into the design of the
building.

Complies:

No items listed are provided.

E.3.4.3.03 Standard Vertical building projections like parapets and balcony railings shall not extend 4 feet
beyond the 45-degree building profile and
shall be integrated into the design of the
building.

Not applicable:

There are no projections proposed.

E.3.4.3.04 Standard Rooftop elements that may need to extend beyond the 45-degree building profile due
to their function, such as stair and elevator
towers, shall be integrated into the design
of the building.

Not applicable:

There are no rooftop elements proposed.

E.3.4.4 Upper Story Façade Length
E.3.4.4.01 Standard Building stories above the 38-foot façade height shall have a maximum allowable
façade length of 175 feet along a public
right-of-way or public open space.

Not applicable:

The existing building is below 39 feet.

E.3.5 Ground Floor Treatment, Entry and Commercial Frontage Ground Floor Treatment
Resolution No. XXXX

Page 26 of 47 ends

Not Applicable:

No changes are proposed to the first floor
height.

E.3.5.02 Standard Ground floor commercial buildings shall have a minimum of 50% transparency
(i.e., clear-glass windows) for retail uses,
office uses and lobbies to enhance the
visual experience from the sidewalk and
street. Heavily tinted or mirrored glass
shall not be permitted.

Complies:

The proposed front façade meets the 50%
transparency requirements. The proposed
transparency is 73.6%
E.3.5.03 Guideline Buildings should orient ground-floor retail uses, entries and direct-access residential
units to the street.

Complies:

The restaurant’s main entry faces El
Camino Real.

E.3.5.04 Guideline Buildings should activate the street by providing visually interesting and active
uses, such as retail and personal service
uses, in ground floors that face the street.

If office and residential uses are provided,
they should be enhanced with landscaping
and interesting building design and
materials.

Complies:

The existing single-story building will be
used for a restaurant, which would help in
activating the street. The main entry will be
facing El Camino Real.

E.3.5.05 Guideline For buildings where ground floor retail, commercial or residential uses are not
desired or viable, other project-related
uses, such as a community room, fitness
center, daycare facility or sales center,
should be located at the ground floor to
activate the street.

Not applicable:

A restaurant is proposed.

E.3.5.06 Guideline Blank walls at ground floor are
discouraged and should be minimized.

When unavoidable, continuous lengths of
blank wall at the street should use other
appropriate measures such as
landscaping or artistic intervention, such
as murals.

Complies:

Blank walls are minimized on the ground
floor.

E.3.5.07 Guideline Residential units located at ground level should have their floors elevated a
minimum of 2 feet to a maximum of 4 feet
above the finished grade sidewalk for
better transition and privacy, provided that
accessibility codes are met.

Not applicable:

No residential units are proposed.

E.3.5.08 Guideline Architectural projections like canopies and awnings should be integrated with the
ground floor and overall building design to
break up building mass, to add visual
interest to the building and provide shelter
and shade.

Not applicable:

There are no projections proposed.

Building Entries
E.3.5.09 Standard Building entries shall be oriented to a public street or other public space. For
larger residential buildings with shared
entries, the main entry shall be through
prominent entry lobbies or central
courtyards facing the street. From the
street, these entries and courtyards
provide additional visual interest,
orientation and a sense of invitation.

Complies:

Building entry is oriented to the public
street. Accessible entrance is on the
side for ramp access.

Resolution No. XXXX

Page 27 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.5.10 Guideline Entries should be prominent and visually distinctive from the rest of the façade with
creative use of scale, materials, glazing,
projecting or recessed forms, architectural
details, color, and/or awnings.

Complies:

The main entry is visually distinct from the
rest of the façade with it being recessed
from the main façade.

E.3.5.11 Guideline Multiple entries at street level are encouraged where appropriate. Complies:

Two entries are provided. Building entry is
oriented to the public street. Accessible
entrance is on the side for ramp access.

E.3.5.12 Guideline Ground floor residential units are
encouraged to have their entrance from
the street.

Not applicable:

No residential unit/s are proposed.

E.3.5.13 Guideline Stoops and entry steps from the street are encouraged for individual unit entries
when compliant with applicable
accessibility codes. Stoops associated
with landscaping create inviting, usable
and visually attractive transitions from
private spaces to the street.

Not applicable:

No residential unit/s are proposed. Existing
stoop is to remain.

E.3.5.14 Guideline Building entries are allowed to be
recessed from the primary building façade.

Complies:

The building entrance facing El Camino
Real is considered as the primary façade
and is recessed.

Commercial Frontage
E.3.5.15 Standard Commercial windows/storefronts shall be recessed from the primary building façade
a minimum of 6 inches
Does not comply:

Existing windows to remain do not meet
this standard. Proposed windows will
meet the standard.

E.3.5.16 Standard Retail frontage, whether ground floor or upper floor, shall have a minimum 50% of
the façade area transparent with clear
vision glass, not heavily tinted or highly
mirrored glass.

Complies:

The proposed building meets the
50% transparency requirement. No
retail is being proposed.

E.3.5.17 Guideline Storefront design should be consistent with the building’s overall design and
contribute to establishing a well-defined
ground floor for the façade along streets.

Complies:

The proposed storefront windows facilitate
meeting the transparency requirement.

E.3.5.18 Guideline The distinction between individual
storefronts, entire building façades and
adjacent properties should be maintained.

Complies:

The existing building is unique and has
clear distinction with adjacent properties.

E.3.5.19 Guideline Storefront elements such as windows, entrances and signage should provide
clarity and lend interest to the façade.

Complies:

Project meets this guildeline.

E.3.5.20 Guideline Individual storefronts should have clearly defined bays. These bays should be no
greater than 20 feet in length. Architectural
elements, such as piers, recesses and
projections help articulate bays.

Partly Complies:

What is lacking, clearly defined
bays and/or repetition of
bays/storefronts as well as piers,
projections or other visual cues that
provide the scale and identity of
retail frontage indicated by this
guideline and the drawings and
photographic images on page E33
of the Specific Plan. For this
reason, it cannot be determined
that the proposal would be
Resolution No. XXXX

Page 28 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet consistent with this guideline
E.3.5.21 Guideline All individual retail uses should have direct access from the public sidewalk. For
larger retail tenants, entries should occur
at lengths at a maximum at every 50 feet,
consistent with the typical lot size in
downtown.

Not Applicable:

Retail use is not being proposed.

However, the restaurant will have direct
access to public sidewalk.

E.3.5.22 Guideline Recessed doorways for retail uses should be a minimum of two feet in depth.

Recessed doorways provide cover or
shade, help identify the location of store
entrances, provide a clear area for outswinging doors and offer the opportunity for interesting paving patterns, signage
and displays.

Complies:

Recess at the doorway are more than 2’-0”
in depth. The recess will provid cover,
shade, and help identify the location of the
entrances.

Section Standard or
Guideline
Requirement Evaluation
E.3.5.23 Guideline Storefronts should remain un-shuttered at night and provide clear views of interior
spaces lit from within. If storefronts must
be shuttered for security reasons, the
shutters should be located on the inside of
the store windows and allow for maximum
visibility of the interior.

Complies:

Per the applicant: No shutters are
proposed as part of the proposed design.

E.3.5.24 Guideline Storefronts should not be completely obscured with display cases that prevent
customers and pedestrians from seeing
inside.

Complies:

Per the applicant: No shutters are
proposed as part of the proposed design.

E.3.5.25 Guideline Signage should not be attached to
storefront windows.

Complies:

Per the applicant signage is not included
in submittal.

E.3.6 Open Space
E.3.6.01 Standard Residential developments or Mixed Use developments with residential use shall
have a minimum of 100 square feet of
open space per unit created as common
open space or a minimum of 80 square
feet of open space per unit created as
private open space, where private open
space shall have a minimum dimension of
6 feet by 6 feet. In case of a mix of private
and common open space, such common
open space shall be provided at a ratio
equal to 1.25 square feet for each one
square foot of private open space that is
not provided.

Not applicable:

No residential use.

E.3.6.02 Standard Residential open space (whether in
common or private areas) and accessible
open space above parking podiums up to
16 feet high shall count towards the
minimum open space requirement for the
development.

Not applicable:

No residential use.

Resolution No. XXXX

Page 29 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet E.3.6.03 Guideline Private and/or common open spaces are encouraged in all developments as part of
building modulation and articulation to
enhance building façade.

Complies:

Private open space in the form of outdoor
seating is proposed to the rear of the
property.

E.3.6.04 Guideline Private development should provide
accessible and usable common open
space for building occupants and/or the
general public.

Complies:

Open space is provided in the rear.

E.3.6.05 Guideline For residential developments, private open space should be designed as an extension
of the indoor living area, providing an area
that is usable and has some degree of
privacy.

Not applicable:

No residential use.

E.3.6.06 Guideline Landscaping in setback areas should
define and enhance pedestrian and open
space areas. It should provide visual
interest to streets and sidewalks,
particularly where building façades are
long.

Complies:

New landscape proposed to the rear of the
property, which is considered as a side
property line as it is adjacent to a property
that is also in the Specific Plan area.

E.3.6.07 Guideline Landscaping of private open spaces
should be attractive, durable and droughtresistant.

Complies.

The private open space will be landscaped
as follows:

Rear yard landscaping will meet this
guideline.

E.3.7 Parking, Service and Utilities
General Parking and Service Access
Section Standard or
Guideline
Requirement Evaluation
E.3.7.01 Guideline The location, number and width of parking and service entrances should be limited to
minimize breaks in building design,
sidewalk curb cuts and potential conflicts
with streetscape elements.

Not applicable:

Service entrances and parking is not
proposed.

E.3.7.02 Guideline In order to minimize curb cuts, shared entrances for both retail and residential
use are encouraged. In shared entrance
conditions, secure access for residential
parking should be provided.

Not applicable:

Curb cuts are not being proposed.

E.3.7.03 Guideline When feasible, service access and loading docks should be located on secondary
streets or alleys and to the rear of the
building.

Not applicable:

Loading docks are not proposed or
needed.

E.3.7.04 Guideline The size and pattern of loading dock entrances and doors should be integrated
with the overall building design.

Not applicable:

Loading docks are not proposed
or needed.

Resolution No. XXXX

Page 30 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet E.3.7.05 Guideline Loading docks should be screened from public ways and adjacent properties to the
greatest extent possible. In particular,
buildings that directly adjoin residential
properties should limit the potential for
loading-related impacts, such as noise.

Where possible, loading docks should be
internal to the building envelope and
equipped with closable doors. For all
locations, loading areas should be kept
clean.

Not applicable:

Loading docks are not proposed
or needed.

E.3.7.06 Guideline Surface parking should be visually
attractive, address security and safety
concerns, retain existing mature trees and
incorporate canopy trees for shade. See
Section D.5 for more compete guidelines
regarding landscaping in parking areas.

Not applicable:

No existing or proposed onsite parking.

Utilities
E.3.7.07 Guideline All utilities in conjunction with new residential and commercial development
should be placed underground.

Not applicable:

Existing building.

E.3.7.08 Guideline Above ground meters, boxes and other utility equipment should be screened from
public view through use of landscaping or
by integrating into the overall building
design.

Complies:

The applicant has indicated that
only the existing gas meter is to
remain. No additional meter or
utility equipment is proposed.

Parking Garages
E.3.7.09 Standard To promote the use of bicycles, secure bicycle parking shall be provided at the
street level of public parking garages.

Bicycle parking is also discussed in more
detail in Section F.5 “Bicycle Storage
Standards and Guidelines.”
Not applicable:

A parking garage is not proposed.

E.3.7.10 Guideline Parking garages on downtown parking
plazas should avoid monolithic massing by
employing change in façade rhythm,
materials and/or color.

Not applicable:

A parking garage is not proposed.

Section Standard or
Guideline
Requirement Evaluation
E.3.7.11 Guideline To minimize or eliminate their visibility and impact from the street and other significant
public spaces, parking garages should be
underground, wrapped by other uses (i.e.
parking podium within a development)
and/or screened from view through
architectural and/or landscape treatment.

Not applicable:

A parking garage is not proposed.

E.3.7.12 Guideline Whether free-standing or incorporated into overall building design, garage façades
should be designed with a modulated
system of vertical openings and pilasters,
with design attention to an overall building
façade that fits comfortably and compatibly
into the pattern, articulation, scale and
massing of surrounding building character.

Not applicable:

A parking garage is not proposed.

Resolution No. XXXX

Page 31 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet E.3.7.13 Guideline Shared parking is encouraged where
feasible to minimize space needs, and it is
effectively codified through the plan’s offstreet parking standards and allowance for shared parking studies.

Not applicable:

A parking garage is not proposed.

E.3.7.14 Guideline A parking garage roof should be
approached as a usable surface and an
opportunity for sustainable strategies,
such as installment of a green roof, solar
panels or other measures that minimize
the heat island effect.

Not applicable:

A parking garage is not proposed.

E.3.8 Sustainable Practices
Overall Standards
E.3.8.01 Standard Unless the Specific Plan area is explicitly exempted, all citywide sustainability codes
or requirements shall apply.

Tentatively Complies:

Staff will confirm compliance at the
building permit stage.

Overall Guidelines
E.3.8.02 Guideline Because green building standards are constantly evolving, the requirements in
this section should be reviewed and
updated on a regular basis of at least
every two years.

Tentatively Complies:

Staff will confirm compliance at the
building permit stage.

Leadership in Energy and Environmental Design (LEED) Standards Resolution No. XXXX

Page 32 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.8.03 Standard Development shall achieve LEED
certification, at Silver level or higher, or a
LEED Silver equivalent standard for the
project types listed below. For LEED
certification, the applicable standards
include LEED New Construction; LEED
Core and Shell; LEED New Homes; LEED
Schools; and LEED Commercial Interiors.

Attainment shall be achieved through
LEED certification or through a Cityapproved outside auditor for those projects pursing a LEED equivalent standard. The
requirements, process and applicable fees
for an outside auditor program shall be
established by the City and shall be
reviewed and updated on a regular basis.

LEED certification or equivalent standard,
at a Silver lever or higher, shall be
required for:
• Newly constructed residential
buildings of Group R (single-family,
duplex and multi-family);
• Newly constructed commercial
buildings of Group B (occupancies
including among others office,
professional and service type
transactions) and Group M
(occupancies including among others
display or sale of merchandise such
as department stores, retail stores,
wholesale stores, markets and sales
rooms) that are 5,000 gross square
feet or more;
• New first-time build-outs of
commercial interiors that are 20,000
gross square feet or more in buildings
of Group B and M occupancies; and
• Major alterations that are 20,000
gross square feet or more in existing
buildings of Group B, M and R
occupancies, where interior finishes
are removed and significant upgrades
to structural and mechanical,
electrical and/or plumbing systems
are proposed.

All residential and/or mixed use
developments of sufficient size to require
LEED certification or equivalent standard
under the Specific Plan shall install one
dedicated electric vehicle/plug-in hybrid
electric vehicle recharging station for every
20 residential parking spaces provided.

Per the Climate Action Plan the complying
applicant could receive incentives, such as
streamlined permit processing, fee
discounts, or design templates.

Not applicable:

Proposed project is not among the project
types requiring LEED.

Leadership in Energy and Environmental Design (LEED) Guidelines Resolution No. XXXX

Page 33 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet Section Standard or
Guideline
Requirement Evaluation
E.3.8.04 Guideline The development of larger projects allows for more comprehensive sustainability
planning and design, such as efficiency in
water use, stormwater management,
renewable energy sources and carbon
reduction features. A larger development
project is defined as one with two or more
buildings on a lot one acre or larger in
size. Such development projects should
have sustainability requirements and GHG
reduction targets that address
neighborhood planning, in addition to the
sustainability requirements for individual
buildings (See Standard E.3.8.03 above).

These should include being certified or
equivalently verified at a LEED-ND
(neighborhood development), Silver level
or higher, and mandating a phased
reduction of GHG emissions over a period
of time as prescribed in the 2030
Challenge.

The sustainable guidelines listed below
are also relevant to the project area. They
relate to but do not replace LEED
certification or equivalent standard rating
requirements.

Not applicable:

The proposed project does not meet the
definition of a larger development project.

Building Design Guidelines
E.3.8.05 Guideline Buildings should incorporate narrow floor plates to allow natural light deeper into the
interior.

Not applicable:

Existing floor plate to remain.

E.3.8.06 Guideline Buildings should reduce use of daytime artificial lighting through design elements,
such as bigger wall openings, light
shelves, clerestory lighting, skylights, and
translucent wall materials.

Complies:

Project will have ample glazing on front
facade, however no skylights are
proposed.

E.3.8.07 Guideline Buildings should allow for flexibility to regulate the amount of direct sunlight into
the interiors. Louvered wall openings or
shading devices like bris soleils help
control solar gain and check overheating.

Bris soleils, which are permanent sunshading elements, extend from the sunfacing façade of a building, in the form of horizontal or vertical projections
depending on sun orientation, to cut out
the sun’s direct rays, help protect windows
from excessive solar light and heat and
reduce glare within.

Partially Complies:

Windows face northeast which is a
favorable solar orientation.

E.3.8.08 Guideline Where appropriate, buildings should
incorporate arcades, trellis and
appropriate tree planting to screen and
mitigate south and west sun exposure
during summer. This guideline would not
apply to downtown, the station area and
the west side of El Camino Real where
buildings have a narrower setback and
street trees provide shade.

Not applicable:

This project is on the west side of El
Camino Real. Trellis will be provided on
rear deck.

E.3.8.09 Guideline Operable windows are encouraged in new buildings for natural ventilation. Not applicable:

No operable windows provided; however,
Resolution No. XXXX

Page 34 of 47 ends

Menlo Park El Camino Real/Downtown Specific Plan Standards and Guidelines: 961 El Camino Real Compliance Worksheet this is not a new building. Also, it is not
clear that operable windows would be
suited to the proposed restaurant.

Section Standard or
Guideline
Requirement Evaluation
E.3.8.10 Guideline To maximize use of solar energy, buildings should consider integrating photovoltaic
panels on roofs.

Not applicable:

There appears to be limited space on the
roof. Staff will confirm compliance with all
City codes at building permit stage.

E.3.8.11 Guideline Inclusion of recycling centers in kitchen facilities of commercial and residential
buildings shall be encouraged. The
minimum size of recycling centers in
commercial buildings should be 20 cubic
feet (48 inches wide x 30 inches deep x 24
inches high) to provide for garbage and
recyclable materials.

Complies:

Recycling containers will be included in the
trash enclosure.

Stormwater and Wastewater Management Guidelines
E.3.8.12 Guideline Buildings should incorporate intensive or extensive green roofs in their design.

Green roofs harvest rain water that can be
recycled for plant irrigation or for some
domestic uses. Green roofs are also
effective in cutting-back on the cooling
load of the air-conditioning system of the
building and reducing the heat island
effect from the roof surface.

Not applicable:

Existing building/roof to remain.

E.3.8.13 Guideline Projects should use porous material on driveways and parking lots to minimize
stormwater run-off from paved surfaces.

Not applicable:

No paved areas.

Landscaping Guidelines
E.3.8.14 Guideline Planting plans should support passive heating and cooling of buildings and
outdoor spaces.

Complies:

Project will meet this guideline.

E.3.8.15 Guideline Regional native and drought resistant plant species are encouraged as planting
material.

Complies:

Project will meet this guideline.

E.3.8.16 Guideline Provision of efficient irrigation system is recommended, consistent with the City's
Municipal Code Chapter 12.44 "WaterEfficient Landscaping".

Complies:

Project will meet this guideline.

Lighting Standards
E.3.8.17 Standard Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately
positioned, to minimize glare into dwelling
units and light pollution into the night sky.

Complies:

Project will meet this guideline.

E.3.8.18 Standard Lighting in parking garages shall be
screened and controlled so as not to
disturb surrounding properties, but shall
ensure adequate public security.

Not applicable.

Lighting Guidelines
E.3.8.19 Guideline Energy-efficient and color-balanced
outdoor lighting, at the lowest lighting
levels possible, are encouraged to provide
for safe pedestrian and auto circulation.

TBD: