Menlo Park City Council
May 23, 2023

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

REGULAR MEETING MINUTES
Date: 5/23/2023
Time: 6:00 p.m.

Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
A. Call To Order
Mayor Wolosin called the meeting to order at 6:03 p.m.

ACTION: Motion and second (Doerr/ Nash), to add an emergency item for the use of Assembly Bill 2449 (AB 2449) to the agenda, passed 4-0 (Combs absent).

ACTION: Motion and second (Nash/ Doerr), to approve the remote participation under AB 2449 Emergency Circumstances for Vice Mayor Taylor, passed 4-0 (Combs absent).

B. Roll Call

Present: Combs (arrived at 6:22 p.m.), Doerr, Nash, Taylor (remote – AB 2449 Emergency Circumstances), Wolosin

Absent: None
Staff: City Manager Justin I. C. Murphy, Assistant City Manager Stephen Stolte, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren C. Agenda Review
The City Council announced the reordering of items F2. and F1. after item D.

The City Council pulled items H2., H3., H4., and H5.

D. Report from Closed Session
No reportable action.

F. Presentations and Proclamations
F1. Proclamation: Gun Violence Awareness Day (Attachment) • Leah Elkins spoke in support of safe storage.
• Paula Havciocia spoke in support safe storage and regulations.

Mayor Wolosin read the proclamation (Attachment).

Moms Demand Action representatives accepted the proclamation.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov F2. Presentation: Menlo Park Youth Poetry Voices
Director of Library and Community Services Sean Reinhart introduced the item.

Youth poets read their poems.

E. Public Comment
 John Butler spoke in support of Mental Health Awareness month.  Steven Soult spoke in support of labor negotiations and improving employee morale.  Jom Sicat spoke in support of labor negotiations and recognizing impacts to staff.  Suzanna Fong with donated time from Keith Dowdell spoke in support of labor negotiations and improving employee morale.
 Caitlin Shannon spoke in support of labor negotiations and considerations of internal promotional opportunities.
 Sokny Sy spoke in support of labor negotiations with the consideration of equity for employees.  Dani O’Connor with donated time from Alan Acker spoke in support of labor negotiations and alternative solutions for employee benefits.
 Whit Loy spoke in support of fair and equitable wages for employees.  Dimitri Katsaros spoke in support of labor negotiations, fair wages, and equity for employees (Attachment).
 Sally Cole requested the City Council fast track the pilot at the intersection of Menlo Avenue and University Dive.
 John Hickson spoke in support of the Farmers’ Market.  Chris Kummerer spoke in support of written, legal policies for planning and building.  Fahteen Khan spoke in support of labor negotiations.
 Matt Pruter spoke in support of labor negotiations.

G. Advisory Body Vacancies and Appointments
G1. Consider applicants and make appointments to fill vacancies on the Finance and Audit Committee (Staff Report #23-122-CC)
City Clerk Judi A. Herren introduced the item.
 Lynne Bramlett provided more information for their application, in support of grant opportunities for the city, more stringent building codes, and additional community involvement.

The City Council made appointments to fill vacancies on the Finance and Audit Committee:
 Lynne Bramlett – term expiring April 30, 2025
 Jeyanta Dey – term expiring April 30, 2025

H. Consent Calendar
H1. Accept the City Council meeting minutes for March 28, 2023 (Attachment)

H2. Adopt a resolution authorizing the city manager to execute an agreement with Bigbreak, LLC (Chefables) in an amount not to exceed $100,000 for the delivery of food services at the Belle City Council Regular Meeting Minutes
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The City Council discussed a future request for proposals for food service venders.

H3. Adopt a resolution approving the preliminary engineer’s report for the Menlo Park Landscaping Assessment District and adopt a resolution intending to order the levy and collection of assessments for the Landscaping Assessment District for fiscal year 2023-24 (Staff Report #23-119-CC)
The City Council discussed more public engagement with future items related to the Menlo Park Landscaping Assessment District.

H4. Authorize the city manager to enter into a professional services agreement for audit services (Staff Report #23-120-CC)
The City Council received clarification on language definitions of “shall” and “must”.

H5. Adopt a resolution to support the 2023 Southeast San Mateo County Community Based Transportation Plan (Staff Report #23-121-CC)
• Julie Shanson spoke in support of pedestrian improvements.

The City Council discussed the pedestrian bridge lighting, reviewing the safety of both entrances, number of people using the bridge, adding sidewalks to all Bayfront streets, the timing/synchronization of the traffic light at Chilco Street and Bayfront Expressway, the need for speed feedback signs, and increased safety measures needed.

H6. Authorize the city manager to execute an amendment to the professional services agreement with Optony, USA (Staff Report #23-124-CC)

ACTION: Motion and second (Doerr/ Nash), to approved the consent calendar, passed unanimously.

I. Public Hearing
I1. 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. (Staff Report #23-123-CC)
Associate Planner Chris Turner and Senior Civil Engineer Theresa Avedian made a presentation (Attachment).

Vice Mayor Taylor made a presentation.

Mayor Wolosin opened the public hearing.
• Arlene Navarro spoke in support of the public engagement of the heat pump at the Menlo Park Community Campus.
• Maya Perkins spoke on concerns of the noise from the proposed heat pump. • Donald Mendoza spoke in support of more public outreach for the Menlo Park Community City Council Regular Meeting Minutes
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Campus.
• Siobhan Flynn spoke on concerns of the noise from the proposed heating pumps. • Pam Jones spoke in support of additional resident notification. • Peter Ojany spoke on concerns on proposed heating pumps.

Mayor Wolosin closed the public hearing.

The City Council received clarification on pool modeling, noise mitigations including sound wall options relative to resident property lines, solar thermal heating options, alternative heat pumps and solutions, pool cover options, differences from original proposed plan and tonight’s proposal, heat pump locations, hybrid (gas and solar) pump options, community engagement and education, and the freeway sound wall project.

The City Council took a recess at 8:39 p.m.

The City Council reconvened at 8:51 p.m.

The City Council discussed noise from the freeway and gaps in the sound wall along highway 101, and the need to complete the sound wall at MPCC to mitigate impacts from the heat pumps and the PG&E substation, pursuing conversations with residents about the sound wall regardless of necessity, and broadening the radius of residents impacted by noise.

The City Council directed staff to move forward with the residential sound wall in the 2023-24 budget process, perform engagement and education with additional residents (outside the prescribed radius), and to include Vice Mayor Taylor in the public outreach.

ACTION: Motion (Wolosin/Taylor) to adopt a resolution to uphold the Planning Commission’s denial of the Use Permit to allow the heat pumps to exceed the nighttime noise ordinance, passed unanimously ACTION: Motion and second (Wolosin/ Doerr), to direct staff to install the heat pumps as currently designed, conduct live measurements of sound during the commissioning and testing period before the pool opening, no use of heat pump at night, broaden the radius of residents impacted by noise, and include Vice Mayor Taylor in the public outreach on potential sound wall design and location, passed unanimously.

I2. 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 (Staff Report #23-131-CC) Associate Planner Fahteen Khan made a presentation (Attachment).

City Councilmember Nash made a presentation (Attachment).

Applicant Jaime D’Alessandro made a presentation (Attachment).

Mayor Wolosin opened the public hearing.

City Council Regular Meeting Minutes
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov • Ray Mueller spoke in support of the project.
• Judy Leep spoke in opposition of the 11 p.m. closure on weeknights. • Cherie Zaslawsky spoke in opposition of the project and requested for earlier closing hours. • Kristen Leep with donated time from Tom Leep spoke in opposition of the project and requested for earlier closing hours.
• Steve Eisner spoke on concerns related to residential parking impacts. • Peter Colby spoke in opposition on the project and concerns on the proposed closing time. • Lynne Bramlett spoke in opposition of the project and concerns on the proposed closing time and in support of updating the noise ordinance.
• Galaxy Starborn spoke on concerns of the proposed closing time. • Adina Levin spoke in support of the project and requested City Council direct review of the parking and loading zones to the Complete Streets Commission (CSC). • Vicki Vasilakos spoke in support of the project.

Mayor Wolosin closed the public hearing.

The City Council received clarification on modifications to the outdoor live entertainment and the alcohol permit through a compromise by the applicant. The revised condition of approval and resolution would reflect:

A. The outdoor seating shall not exceed 32 seats.

B. The outdoor seating area may be seated until 10 p.m. and shall be cleared by 11 p.m.

C. Live entertainment shall be located indoors and acoustic (unamplified) and shall end by 11:30 p.m. Sunday through Thursday and shall end by 1:00 a.m. Friday and Saturday.

The City Council discussed the noise ordinance, directing CSC to review potential parking scenarios, and directing city staff to create a heat map of all establishments (gas station, restaurant) with any type of liquor license for both on-site and off-site sales.

ACTION: Motion and second (Wolosin/ Nash), to adopt the modified resolution of approval adopting findings for project use permit and architectural control including project conditions of approval, passed unanimously.

I3. Consider the Planning Commission’s recommendation to approve a request for a revision to an existing planned development permit to reduce the minimum required lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces and modify percentage based development standards (e.g., building coverage and floor area ratio) associated with the reduction in site area (Staff Report #23-125-CC)
Associate Planner Fahteen Khan made a presentation (Attachment).

Mayor Wolosin opened the public hearing.

Mayor Wolosin closed the public hearing.

The City Council discussed increasing pedestrian and bike safety along the corridor.

ACTION: Motion and second (Doerr/ Nash), to adopt a resolution approving revisions to an existing planned development permit at 700-800 El Camino Real to reduce the lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces, and modify percentage based development City Council Regular Meeting Minutes
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov standards based on the reduced lot size to allow for the future purchase of a portion of the existing site, currently used for parking, by the city of Menlo Park for the Middle Avenue Caltrain crossing project, passed unanimously.

ACTION: By acclamation, the City Council extended the meeting beyond 11 p.m.

J. Regular Business
J1. Adopt a Resolution to amend Resolution No. 6738 to remove the drought surcharge that corresponds to stage 2 drought measures from Menlo Park Municipal Water customer bills; Rescind stage 2 drought measures if/when the State Water Board ends its drought regulations that require Menlo Park Municipal Water to implement drought measures in its Water Shortage Contingency Plan (Staff Report #23-126-CC)
Senior Civil Engineer Pam Lowe made a presentation (Attachment).

The City Council received clarification on water saving devices in new homes across all water districts.

The City Council discussed limiting outdoor watering to two days a week.

ACTION: Motion and second (Wolosin/ Doerr), adopt a resolution to amend Resolution No. 6738 to remove the drought surcharge that corresponds to stage 2 drought measures from Menlo Park Municipal Water (MPMW) customer bills starting May 1; to rescind stage 2 drought measures when the State Water Board modifies or ends its drought regulations that require MPMW to implement drought measures in its Water Shortage Contingency Plan (WSCP), passed unanimously.

J2. Resolution to reduce the Utility Users Tax (Staff Report #23-127-CC) Administrative Services Director Brittany Mello made a presentation.

ACTION: Motion and second (Doerr/ Taylor), to adopt a resolution reducing the Utility Users Tax to zero percent (0%) pursuant to Section 3.14.130 of the Menlo Park Municipal Code, passed unanimously.

K. Informational Items
K1. City Council agenda topics: May 30 – June 27 (Staff Report #23-128-CC) K2. Progress report on implementing the 2030 Climate Action Plan (Staff Report #23-129-CC) • John McKenna spoke in support of the declaration of a climate emergency and continued climate action.

K3. Menlo Park Community Campus – preliminary staffing, operations and programming plan considerations (Staff Report #23-130-CC)

L. City Manager Report's
City Manager Justin Murphy reported out on special joint Menlo Park Fire Protection District City Council Regular Meeting Minutes
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov meeting on May 30.

M. City Councilmember Reports
Mayor Wolosin reported out on the bike to anywhere day.

N. Adjournment
Mayor Wolosin adjourned the meeting at 11:34 p.m.

Judi A. Herren Assistant to the City Manager/City Clerk These minutes were approved at the City Council meeting of June 27, 2023.

City Council Regular Meeting Minutes
May 23, 2023

~ CITY OF MENLO PARK EQUITY AND f AIR WAGES
Dear Menlo Park City Council Members,
We, the workers, and members of SEIU 521 Menlo Park Chapter, are writing to express our concerns about the current state of our workplace. We take pride in our commitment to serving the city and its residents, but we are facing several challenges that are impacting our ability to do our jobs effectively.

Our department is currently facing a severe lack of staffing, which has led to low worker morale and a sense of frustration among our team. This is compounded by the high cost of living in Menlo Park, which is one of the most expensive areas in the country to live. Many of us are struggling to afford our monthly expenses, including rent, utilities, and food, due to low worker pay.

We believe that all workers deserve equity and fair wages, and that the 30% rate of retention in our city of Menlo Park hurts our ability to provide quality services to our residents. We are committed to our jobs and to serving the city, but we cannot continue to do so if we are not being fairly compensated for our work.

We urge you to take action to address these issues and to ensure that all workers are paid a fair wage that allows us to live and work in Menlo Park.

We believe that by investing in our workforce, the city can provide better services to its residents and improve the overall quality of life in our community.

Thank you for your attention to this matter.

Sincerely,
SEIU Menlo Park Chapter
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City Council Regular Meeting Minutes
May 23, 2023

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NATIONAL GUN VIOLENCE AWARENESS DAY
WHEREAS, every day, more than 120 Americans are killed by gun violence and Americans are 26 times more likely to die by gun homicide than citizens of other high-income countries, with an average of more than 17,000 gun homicides every year; and WHEREAS, California has an average of 3,253 gun deaths every year, a crisis that costs the state $1060 per resident each year for a total of $4 billion of which $1 billion is paid by taxpayers; and WHEREAS, cities across the nation, including in Menlo Park, are working to end the senseless violence with evidence-based solutions; and
WHEREAS, gun violence prevention is more important than ever as we see an increase in firearm homicides, and nonfatal shootings across the country, increased calls to domestic violence hotlines, and an increase in city gun violence; and
WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 2, 2023 to recognize the 26th birthday of Hadiya Pendleton (born: June 2, 1997), people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to Hadiya Pendleton and other victims of gun violence, and the loved ones of those victims; and
WHEREAS, the idea was inspired by Hadiya's friends, who asked their classmates to commemorate her life by wearing orange because hunters wear orange to announce themselves to other hunters when out in the woods, symbolizing the value of human life; and WHEREAS, by wearing orange on June 2, 2023, Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors; and WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them, and encourage responsible gun ownership to help keep our families and communities safe; and NOW, THEREFORE, BE IT PROCLAIMED, I, Jen Wolosin, Mayor of the City of Menlo Park, on behalf of the City Council and City, hereby declare the first Friday in June, June 2, 2023, to be National Gun Violence Awareness Day. I encourage all citizens to support their local communities' efforts to prevent the tragic effects of gun violence and to honor and value human lives.

Jen
~
Wolosin, Mayor
May 23, 2023
AGENDA ITEM F-1 City Council Regular Meeting Minutes
May 23, 2023

CALL-UP OF THE PLANNING COMMISSION DENIAL OF A USE
PERMIT TO ALLOW ELECTRIC POOL HEAT PUMPS TO EXCEED THE NIGHTTIME NOISE LIMIT AT 100 TERMINAL AVENUECity Council – May 23, 2023 1 I1-PRESENTATION
City Council Regular Meeting Minutes May 23, 2023 Page 11 of 59  Staff introduction/project background
 Presentation by applicant (Public Works) Presentation by Vice Mayor TaylorSCHEDULE 2 City Council Regular Meeting Minutes May 23, 2023 Page 12 of 59  MPCC and associated replacement of pool facilities approved in 2021 with direction for the building and pool facilities to be all electric.  Building permit for construction of MPCC issued in winter 2021. Use permit application to exceed the nighttime noise limit was submitted in March 2022.
– Use permit would only have allowed nighttime limit to be exceeded, as the equipment was projected to comply with daytime noise limits
 Planning Commission held public hearings in October 2022, February 2023, March 2023, and April 2023
– Ultimately denied at the April 24, 2023 meeting, making findings that allowing the pool equipment to exceed nighttime noise limits would be detrimental to health and welfare of surrounding residents.

BACKGROUND
3 City Council Regular Meeting Minutes May 23, 2023 Page 13 of 59  Project was called up to City Council after Planning Commission’s action in accordance with Section 16.86.025
 City Council may affirm, reverse, or modify the decision of the planning commission.

CITY COUNCIL OPTIONS
4 City Council Regular Meeting Minutes May 23, 2023 Page 14 of 59  Three emails received after publication of staff report – Commenters express concerns with the potential noise impacts of ASHP even if they are compliant with Noise Ordinance.
– Reference the Climate Action Plan and Environmental Quality Commission Work Plan• Transition to electric heat pumps (CAP) and Climate Resilience Adaptation priority in EQC work plan which strives to “ensure that perspectives from our most vulnerable populations are represented in EQC discussions and recommendations to Council.” – Suggestions to relocate pool heating equipment

ADDITIONAL CORRESPONDENCE
5 City Council Regular Meeting Minutes May 23, 2023 Page 15 of 59  Adopt a resolution to uphold the Planning Commission’s denial of the Use Permit to allow the heat pumps to exceed the nighttime noise ordinance  Direct staff to install the heat pumps as currently designed Conduct live measurements of sound during the commissioning and testing period prior to pool opening
 If the noise levels exceed the nighttime noise ordinance, staff will return to City Council for authorization to install mitigation measures

RECOMMENDATION
6 City Council Regular Meeting Minutes May 23, 2023 Page 16 of 59  Second page, third “WHEREAS” statement:
– WHEREAS, the Planning Commission desires the project to be modified to include noise-reducing measures, such as relocation of equipment, noisedampening enclosures, or alternate equipment, in order to reduce noise emanating from the pool heating equipment to below 50 dBA

UPDATE TO RESOLUTION
7 City Council Regular Meeting Minutes May 23, 2023 Page 17 of 59 City Council Regular Meeting Minutes
May 23, 2023 Page 18 of 59

1. Review site plan

2. Highlight work that has been done since the Use Permit denial, to ensure the pool heating is in compliance with the noise ordinance at all times AGENDA
9 City Council Regular Meeting Minutes May 23, 2023 Page 19 of 59 10 City Council Regular Meeting Minutes May 23, 2023 Page 20 of 59  Solar Thermal Heating System uses collectors that
are attached to the photovoltaic panels. Water circulates through the collectors and is warmed by the sun. It is then pumped into the pool.  Air source heat pumps (ASHPs) are powered by
electricity. They operate by 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.

MPCC POOL HEATING SYSTEMS
11 City Council Regular Meeting Minutes May 23, 2023 Page 21 of 59 12 City Council Regular Meeting Minutes May 23, 2023 Page 22 of 59 Further refinement of pool modeling by consultant.

Further evaluation of potential mitigation measures:1. Sound wall located at residential property line2. Relocation of air source heat pumps (ASHPs) to Kelly Park track/sand pit area

3. Upsizing of solar thermal system
REFINEMENTS SINCE 4/24 PLANNING COMMISSION DENIAL OF USE PERMIT 13 City Council Regular Meeting Minutes May 23, 2023 Page 23 of 59 INITIAL POOL MODELING –
FEBRUARY 27 DATA
 Performed by PACE, the MPCC swimming pool designer Operational strategy – provide maximum flexibility in usage of ASHPs (ability to run at night if needed)
 Initial model was based on conservative assumptions
– Used a single set point for heating– Used monthly average temperatures (as opposed to hourly or daily data)  Initial model did not take into account:
– Solar thermal heating system– The pool cover
 Provided maximum estimated run times for the ASHPs over a 24 hour period – Did not specify daytime or nighttime use 14
City Council Regular Meeting Minutes May 23, 2023 Page 24 of 59 REFINED POOL MODELING –

CURRENT DATA
 Performed by Optony, the energy consultant using more precise data Based on the assumption that the heat pumps cannot be used during nighttime hours– Simulated estimated pool temperatures on an hourly basis– Included solar thermal heating system – Factored in the use of pool covers to retain heat  In a normal weather year, the combined ASHPs plus solar thermal system can provide sufficient overnight heating without needing to run the ASHPs overnight– Perform overheating between pool close and quiet hours on colder months of year– ASHPs switched off during nighttime hours– Pools may not reach the desired temperatures by morning only in rare, extreme cold weather events - 5 times in 50 years 15
City Council Regular Meeting Minutes May 23, 2023 Page 25 of 59 16 City Council Regular Meeting Minutes May 23, 2023 Page 26 of 59 17  7’ high wooden fence with inner layer
of mass loaded vinyl would provide a significant measure of noise mitigation  Approximate cost of this fence type,
approximately 540’ in length, is $200k
 Use Permit would be required if over
7’ high.

SOUND WALL AT RESIDENTIAL PROPERTY LINE
City Council Regular Meeting Minutes May 23, 2023 Page 27 of 59 18 SOUND WALL AT RESIDENTIAL PROPERTY LINE
Estimated noise levels in decibels (dBA) with sound walls of various heights City Council Regular Meeting Minutes May 23, 2023 Page 28 of 59 19 SOUND WALL AT RESIDENTIAL PROPERTY LINE
Illustrations of a typical mass loaded vinyl wooden fence.

The above examples 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.

City Council Regular Meeting Minutes May 23, 2023 Page 29 of 59 20 RELOCATION OF ASHPS TO SAND PIT AREA
City Council Regular Meeting Minutes May 23, 2023 Page 30 of 59 21  Would reduce the need to run the
ASHPs
 ROM is $250k + electrical panel
upgrade
 Schedule impacts – long lead time for
collectors
 Building permit revision would be
required
 Could affect pool opening date by ~6
months
 Can be retrofitted later Not recommended at this timeUPSIZING SOLAR THERMAL HEATING SYSTEM City Council Regular Meeting Minutes May 23, 2023 Page 31 of 59  Lap pool and associated underground piping has been
constructed
 Instructional pool under construction The air source heat pumps were scheduled to be installed the week of June 23, with the concrete pad prep work starting on May 15.  Contractor was directed to stop work on May 10thPROJECT SCHEDULE 22 City Council Regular Meeting Minutes May 23, 2023 Page 32 of 59  Adopt a resolution to uphold the Planning Commission’s denial of the Use Permit to allow the heat pumps to exceed the nighttime noise ordinance  Direct staff to install the heat pumps as currently designed Conduct live measurements of sound during the commissioning and testing period prior to pool opening
 If the noise levels exceed the nighttime noise ordinance, staff will return to City Council for authorization to install mitigation measures

RECOMMENDATION
23 City Council Regular Meeting Minutes May 23, 2023 Page 33 of 59

THANK YOU
City Council Regular Meeting Minutes May 23, 2023 Page 34 of 59 961 EL CAMINO REAL
CITY COUNCIL CALL UPCity Council - May 23, 2023 Staff Presentation I2-STAFF PRESENTATION
City Council Regular Meeting Minutes May 23, 2023 Page 35 of 59  Menlo Park Municipal Code §16.86.025 states the City
Council or any member of the City Council may call up any final decision of the Planning Commission within 15 days of the Planning Commission action  The City Council may uphold, modify or reverse the
Planning Commission’s action or deny the proposed project in whole or in part

CITY COUNCIL CALL-UP OF THE PLANNING COMMISSION ACTION
2 City Council Regular Meeting Minutes May 23, 2023 Page 36 of 59  Staff introduction and presentation
 City Councilmember Nash comments Applicant introduction and presentation Councilmember Nash comments Public comment City Council discussion Action and motionMEETING OVERVIEW 3 City Council Regular Meeting Minutes May 23, 2023 Page 37 of 59  Located at 961 El Camino Real
– Former location of Clockworks
 Use permit requests associated with the restaurant:
– live entertainment (indoor non-amplified)– on-site consumption of alcohol (associated with the restaurant use, ABC license type 47)
– outdoor seating (approximately 32 seats)– hours of operation until 2 a.m.  Architectural control:
– exterior modifications to the existing commercial building, modifications to storefront along El Camino Real frontage
– a new deck and trellis area in the rear of the building to accommodate outdoor dining

PROPOSED PROJECT
4 City Council Regular Meeting Minutes May 23, 2023 Page 38 of 59  On April 10, the Planning Commission approved the
use permit and architectural control requests, with a condition of approval  Condition requires review twelve months after
occupancy of complaints for disturbances related to the live entertainment use between 11 p.m. to 2 a.m.

PLANNING COMMISSION ACTION
5 City Council Regular Meeting Minutes May 23, 2023 Page 39 of 59  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 to the Planning Commission

STAFF RECOMMENDATION
6 City Council Regular Meeting Minutes May 23, 2023 Page 40 of 59  City Council may:
– Uphold, modify or reverse Planning Commission’s action  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, – outdoor seating.

CITY COUNCIL ACTION
7 City Council Regular Meeting Minutes May 23, 2023 Page 41 of 59

THANK YOU
City Council Regular Meeting Minutes May 23, 2023 Page 42 of 59 City Council Regular Meeting Minutes
May 23, 2023

Clock Works
Restaurant Project
City Council
May 23, 2023
I2-APPLICATION PRESENTATION
City Council Regular Meeting Minutes May 23, 2023 Page 44 of 59 About Us
 Three local entrepreneurs who have lived in Menlo Park for a combined 50+ years
 Share a common vision to bring a high quality restaurant to downtown, adding to the vibrancy of Menlo Park
 Envision a concept of high quality food and beverage
offerings with limited live entertainment offerings
 Partnering with existing building owner who is retiring after running his business out of the building for >40 years
City Council Regular Meeting Minutes May 23, 2023 Page 45 of 59 Project History
 Approved by a unanimous vote of the Planning Commission. No public comments were received at the Planning Commission regarding the project.
 The staff report indicates findings of approval for all project components, including outdoor seating and live entertainment. The findings specifically state that the project furthers the goals of the types of uses envisioned in the Downtown Specific Plan.
 Important to note that restaurants can operate in the downtown until 2 am without a use permit (by right, as a permitted use).
 Includes a COA that requires that within 1 year of operation, City staff review if there have been any complaints regarding project operations.  Many letters have been submitted in support, since community stakeholders would like to be able to enjoy staying in town for this type of restaurant experience and feel the El Camino next The Guild and in within walking distance to other amenities in the downtown is the right location for this use.

City Council Regular Meeting Minutes May 23, 2023 Page 46 of 59 Downtown Specific Plan &
Downtown Market Study
 The Downtown Specific Plan, includes the goals of revitalizing underutilized parcels and buildings; expanding shopping, dining and neighborhood services to ensure a vibrant downtown and maintain a village character unique to Menlo Park. Also, quoted in the Downtown Specific Plan many people “ Want more night life businesses so I can spend evenings in Menlo”.
 The HdL Downtown Market study commissioned by the City in January 2022 evaluated the market conditions of the downtown and looked at the implementation of goals of the Downtown Specific Plan.
 The study shows that there is a gap in the number of full service restaurants in the city compared to the population and are one of the top opportunity uses to be able to contribute to the City’s economy.
 The study also lists that other than walkability, the two top contributors to a successful downtown are retail and dining, as well as popular nightlife options.  Dining and other nightlife options are needed to create an 15‐18 hour downtown (the optimum model to create vibrant downtowns) especially to compete with other downtowns and generate tax revenue.

City Council Regular Meeting Minutes May 23, 2023 Page 47 of 59 Concept Design
City Council Regular Meeting Minutes May 23, 2023 Page 48 of 59 700-800 EL CAMINO REAL
PLANNED DEVELOPMENT PERMIT REVISIONCity Council - May 23, 2023 Staff Presentation I3-PRESENTATION
City Council Regular Meeting Minutes May 23, 2023 Page 49 of 59  Revisions to the planned development permit (PDP) require a recommendation from the Planning Commission to the City Council which involve changes to land uses, expansion or intensification of development, or a relaxation in the standards of development.  The City Council should review the Planning Commission’s recommendation and make a decision on whether to approve the proposed revisions. 2 CITY COUNCIL ACTION
City Council Regular Meeting Minutes May 23, 2023 Page 50 of 59 3 PROJECT SITE
City Council Regular Meeting Minutes May 23, 2023 Page 51 of 59  Request for a revision to an existing planned development permit to:
– reduce the minimum required lot size, – reduce the number of required onsite parking spaces from 360 to 315 spaces– modify percentage based development standards (e.g., building coverage and floor area ratio) associated with the reduction in site area
4 PROPOSED PROJECT
City Council Regular Meeting Minutes May 23, 2023 Page 52 of 59  At its meeting May 1, the Planning Commission reviewed the proposed revisions to the PDP and voted unanimously to recommend approval of the proposed revisions to the City Council  Staff recommends that the City Council consider the Planning Commission’s recommendation and adopt a resolution to approve the revisions to the planned development permit

PLANNING COMMISSION ACTION AND STAFF RECOMMENDATION
5 City Council Regular Meeting Minutes May 23, 2023 Page 53 of 59

THANK YOU
City Council Regular Meeting Minutes May 23, 2023 Page 54 of 59

REMOVE DROUGHT SURCHARGE
RESCIND STAGE 2 DROUGHT MEASURESMay 23, 2023 – Pam Lowe J1-PRESENTATION
City Council Regular Meeting Minutes May 23, 2023 Page 55 of 59

DROUGHT SURCHARGE
2  Adopted by City Council in May 2022 $1.40 per CCF (1 CCF = 748 gallons) Began in August 2022 (for July water use) Based on total metered water use Between April 2022 – March 2023, MPMW customers have reduced water use overall by 18% compared to pre-drought water demands.

Staff recommendation:Remove drought surcharge retroactively to May 1st.

City Council Regular Meeting Minutes May 23, 2023 Page 56 of 59 STAGE 2 DROUGHT MEASURES
3  May 2022 - the State adopted regulations for water agencies to implement stage 2 drought measures per their adopted Water Shortage Contingency Plan.  The State also added a ban on irrigating “non-functional turf.” These measures expire on June 10, 2023 unless the State modifies/extends/ends them.
 May 2022 – City Council adopted Resolution No. 6738 which implemented a 2-day per week watering schedule, a requirement for newly constructed homes and buildings to irrigate with drip/microspray only, and the ban on irrigating “non-functional turf.” City Council Regular Meeting Minutes May 23, 2023 Page 57 of 59 STAGE 2 DROUGHT MEASURES
4  March 2023 - Governor issued an Executive Order to lift the requirement that water agencies must implement stage 2 drought measures.  The State Water Board must take action for regulations to become law. On May 18th, the State issued a notice that by end-May they would extend the ban on irrigating “non-functional turf” for up to one additional year, to June 2024.

Staff recommendation:

Rescind stage 2 drought measures if/when the State Water Board ends its requirement that water agencies implement stage 2 drought measures.

City Council Regular Meeting Minutes May 23, 2023 Page 58 of 59

THANK YOU
City Council Regular Meeting Minutes May 23, 2023 Page 59 of 59