Menlo Park City Council
June 27, 2023

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

SPECIAL AND REGULAR MEETING AGENDA
Date: 6/27/2023
Time: 5:00 p.m.

Locations: Zoom.us/join – ID# 814 7839 7160 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
City Councilmember Combs will be participating from:
122 Spring St.

Charleston, SC 29403
Members of the public can listen to the meeting and participate using the following methods. If you have issues viewing the meeting, please email the city clerk at [email protected].

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

Zoom.us/join – Meeting ID 814 7839 7160
 Access the meeting real-time via telephone at:
(669) 900-6833
Meeting ID 814 7839 7160
Press *9 to raise hand to speak
Watch meeting:
 Cable television subscriber in Menlo Park, East Palo Alto, Atherton and Palo Alto:

Channel 26
 City Council Chambers
Subject to Change: The format of this meeting may be altered or the meeting may be cancelled. You may check on the status of the meeting by visiting the city website menlopark.gov. The instructions for logging on to the webinar and/or the access code is subject to change. If you have difficulty accessing the webinar, please check the latest online edition of the posted agenda for updated information (menlopark.gov/agendas)
Special Session
A. Call To Order
B. Roll Call
C. Closed Session
C1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
June 27, 2023

Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
Not a California Environmental Quality Act (CEQA) project.

Regular Session
D. Call To Order
E. Roll Call
F. Agenda Review
G. Public Comment
Under “Public Comment,” the public may address the Commission on any subject not listed on the agenda. Each speaker may address the Commission once under Public Comment for a limit of three minutes. The Commission cannot act on items not listed on the agenda and, therefore, the Commission cannot respond to non-agenda issues brought up under Public Comment other than to provide general information.

H. Consent Calendar
H1. Accept the City Council meeting minutes for May 9, 23, 30, and June 13, 2023 (Attachment) Not a CEQA project.

H2. Amend the agreement with APTIM Environmental and Infrastructure, LLC for the operation, maintenance and reporting of the Bedwell Bayfront Park Landfill gas and leachate collection and control systems for an additional six months (Staff Report #23-143-CC) Determine this action is categorically exempt under CEQA Guidelines §15301 exemption for existing facilities.

H3. Amend the contract with Chrisp Company to add funding to install the Middle Avenue bicycle lane pilot (Staff Report #23-144-CC)
Not a CEQA project.

H4. Authorize the city manager to enter into a five-year maintenance agreement with ADVNC Air Technologies for the preventative maintenance and repair services for heating, ventilation, and air conditioning systems within city buildings (Staff Report #23-145-CC) Not a CEQA project.

H5. Waive the second reading and adopt an ordinance adding Chapter 1.15 “Administrative Citations” and amending Chapter 8.04 “Nuisances” to add additional “Enumerated” nuisances to subsection

8.04.010 (Staff Report #23-146-CC)
Not a CEQA project.

H6. Adopt a resolution amending City Council Policy CC-23-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities (Staff Report #23-151-CC) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
June 27, 2023

Not a CEQA project.

I. Public Hearing
I1. Adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of assessment and ordering the levy and collection of assessments for Landscaping Assessment District for fiscal year 2023-24 (Staff Report #23-147-CC) Not a CEQA project.

J. Regular Business
J1. Adopt resolutions for fiscal year 2023-24: adopting budget and capital improvement plan; establishing appropriations limit; amending the salary schedule effective July 2, 2023; extending rate assistance program through June 2024; and accept award authority and bid requirement through June 2024 (Staff Report #23-150-CC)
Not a CEQA project.

J2. Review and authorize staff to submit the revised Housing Element for the 2023 to 2031 planning period to the California Department of Housing and Community Development (Staff Report #23-148-CC)
Not a CEQA project.

J3. Waive the first reading and introduce by title only an ordinance adding Menlo Park Municipal Code Chapter 8.05 to require the use of zero emission landscaping equipment (ZELE) (Staff Report #23-153-CC)
Not a CEQA project.

J4. Adopt a resolution setting forth civil fines, charges and interest rate for unpaid fines from administrative citations pursuant to Menlo Park Municipal Code Chapter 1.15 “Administrative Citations” (Staff Report #23-149-CC)
Not a CEQA project.

K. Informational Items
K1. City Council agenda topics: July 11 – August 15 (Staff Report #23-152-CC) L. City Manager Report's
M. City Councilmember Reports
N. Adjournment
At every regular meeting of the commission, in addition to the public comment period where the public shall have the right to address the commission on any matters of public interest not listed on the agenda, members of the public have the right to directly address the commission on any item listed on the agenda at a time designated by the chair, either before or during the commission’s consideration of the item.

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

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
June 27, 2023

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

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

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

Agendas are posted in accordance with California Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the city website at menlopark.gov/agendas and can receive email notification of agendas by subscribing at menlopark.gov/subscribe. Agendas and staff reports may also be obtained by contacting the city clerk at 650-330-6620. (Posted: 6/22/2023) City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
SPECIAL AND REGULAR MEETING MINUTES – DRAFT
Date: 5/9/2023
Time: 5:00 p.m.

Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Special Meeting
A. Call To Order
Mayor Wolosin called the meeting to order at 5:01 p.m.

B. Roll Call

Present: Combs (arrived at 5:15 p.m.), Doerr, Nash, Taylor, Wolosin

Absent: None
Staff: City Manager Justin I. C. Murphy, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren
C. Closed Session
C1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
C2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of §54956.9)
Name of case: David Fogel et al. v. City of Menlo Park, Case No. 21-CIV-06674 Regular Meeting
D. Call To Order
Mayor Wolosin recalled the meeting to order at 6:06 p.m.

E. Agenda Review
None.

AGENDA ITEM H-1 Page H-1.1

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Minutes – DRAFT May 9, 2023

F. Report from Closed Sessions
No reportable action.

G. Public Comment
• Roland Lebrun spoke in support of wayside horns at train tracks (Attachment). • Rick DeGolia spoke in support of the quiet zone.
• Renee Barnstone spoke in support of quiet zone.

H. Presentations and Proclamations
Mayor Wolosin reordered the agenda section H. Presentations and Proclamations.

H2. Proclamation: Recognizing Public Works Week (Attachment) Mayor Wolosin read the proclamation (Attachment).

Administrative Assistant Maddie Godinez accepted the proclamation. • Pam Jones spoke in support of the city’s public works department. • Kathleen Daly spoke in support of the city’s public works department. • Katie Behroozi spoke in support of the city’s public works department.

H4. Proclamation: Recognizing May 2023 as Bike Month (Attachment) Mayor Wolosin read the proclamation (Attachment).

Complete Streets Commission Chair Sally Cole and Vice Chair Jacqui Cebrian accepted the proclamation.
• Katie Behroozi spoke in support of Bike to Work Month.

H3. Proclamation: May 2023 Mental Health Month (Attachment) Mayor Wolosin read the proclamation (Attachment).

Kristie Lui (She/Her/Hers) Co-Chair, San Mateo County May Mental Health Month Planning Committee and San Mateo County Behavioral Health and Recovery Services Office of Diversity and Equity accepted the proclamation.
• John Butler spoke in support of mental health services. • Kathleen Daly spoke in support of mental health services. • Katie Behroozi spoke in support of mental health services.

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Minutes – DRAFT May 9, 2023

H5. Proclamation: Jewish American Heritage Month (Attachment) Mayor Wolosin introduced the proclamation (Attachment).

H6. Proclamation: Asian American Pacific Islander Heritage Month (Attachment) Mayor Wolosin introduced the proclamation (Attachment).

H1. Presentation: UC Berkeley students regarding affordable housing opportunities on the City-owned parking plazas in downtown

University of California, Berkeley (UCB) students made the presentation (Attachment). • Adina Levin spoke in support of affordable housing in the downtown parking lots. • Simon Henson requested information on opportunities to enact the UCB visions and adding the presentations to the website.
• Jenny Michel spoke in support of the presented concepts and expressed concerns on density and omission of the Safeway parking lot in the scope.
• Karen Grove spoke in support of the ideas and concepts presented by the students. • Sally expressed concerns about the potential reduction of parking in the downtown and block housing designs.

The City Council discussed the need for additional and affordable housing and parking in downtown.

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

The City Council reconvened at 8:12 p.m.

I. Consent Calendar
I1. Accept the City Council meeting minutes for April 4 and 18, 2023 (Attachment) I2. Confirm Complete Streets Commission recommendation to make the Ravenswood Avenue bike lane pilot permanent (Staff Report #23-107-CC)
The City Council received clarification on the requested action.

The City Council requested that pilot projects be agendized as regular items. • Jacqui Cebrian spoke in support of the permanent bike lane. • Sally Cole spoke in support of the permanent bike lane.

ACTION: Motion and second (Wolosin/ Nash), confirm the recommendation from the Complete Streets Commission (CSC) to make the Ravenswood bike lane pilot permanent as part of the resurfacing of Ravenswood Avenue, which began at the end of April 2023 and will be complete by June 2023, passed 4- 1 (Combs dissenting).

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I3. Authorize the Mayor to execute the second amended and restated joint powers agreement with the San Francisco Creek Joint Powers Authority (Staff Report #23-108-CC) I4. Authorize the Mayor to sign a letter on behalf of the City Council to PG&E regarding recent extended power outages (Staff Report #23-109-CC)
The City Council directed amendments to the letter, which included PG&E approval of claims associated with long-term power outages and reimbursement of costs for the city’s hotel stay program.

I5. Receive annual City Council priority and goal setting workshop final report (Staff Report #23-110-CC)
I6. Receive and file the investment portfolio as of March 31, 2023 (Staff Report #23-114-CC) I7. Adopt a resolution to authorize the city manager to execute a community funding agreement with Habitat for Humanity Greater San Francisco (Habitat) in the amount of $1.2 million for the preservation of existing housing in Belle Haven through their Homeownership Preservation Program (Staff Report #23-117-CC)
ACTION: Motion and second (Doerr/ Taylor), to approve the consent calendar with edits to item I4. and with the exception of I2., passed unanimously.

J. Regular Business
J1. Provide direction on the five-year capital improvement plan (Staff Report #23-115-CC) Assistant Public Works Director Tanisha Werner made the presentation (Attachment). • David Wuertele spoke in support of a quiet zone.
• Aubrey Williams spoke in opposition of a quiet zone.
• Adam Tobin spoke in support of a quiet zone.
• Linda Lee spoke in support of a quiet zone.
• Rishiraj Pravahan spoke in support of blocking the track from vehicles and pedestrians and in support of a quiet zone.
• Alex Johnson spoke in support of a quiet zone.
• Sloane Citron spoke in support of a quiet zone.
• JoAnne Goldberg spoke in support of a quiet zone.
• Vince Bressler spoke in support of a quiet zone.
• Adina Levin spoke in support of improving safety of streets especially Willow Road north of US Highway 101 and the El Camino Real corridor.
• Jeff Schmidt spoke on the urban canopy differences between Districts 2, 3, 4, 5 and District 1 and in support of increased budget for the urban forest master plan. • Carrie spoke in support of a quiet zone.
• Jeff Jacques spoke in support of a quiet zone.
• Kyle Snyder spoke in support of a quiet zone.

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Minutes – DRAFT May 9, 2023

• Ming T spoke in support of a quiet zone.
• Mark Cohen spoke in support of a quiet zone.
• Pam Jones requested clarification of funding for a quiet zoning. • Ann Koehler spoke in support of a quiet zone.
• Melissa Mills spoke in support of a quiet zone.

The City Council received clarification on:
• Quiet zone designs related to funding and costs and funding sources • Staff recommendations for quiet zones
• Funding sources for quiet zones and impacts to other capital improvement projects (CIP) • Current impact fees ability to contribute to quiet zones • Police radio funding
• El Camino Real crossing improvements current tier and progress • Allocating transient occupancy tax (TOT) use for quiet zone funding • Building exterior improvements
• Grant opportunities
• Climate Action Plan (CAP) communitywide implementation costs and funding • Sea Level Rise Resiliency plan and possible future BRIC grant funding • Parking plaza renovations
• Downtown parking permit revenue
• Willow Road/US Highway 101 interchange landscaping timeline The City Council discussed smart irrigation infrastructure, electric vehicle chargers at city hall, urban forest master plan, funding sources for projects, Willow Road/US Highway 101 interchange and drafting a letter to Caltrain about the impacts and screening, adding park improvements above the maintenance baseline, and utilizing more consultants to augment staff capacity.

The City Council directed staff to provide the most recent inventory of street trees in the Belle Haven neighborhood, locate funding for quiet zones at two crossings, pursue full screening at the Willow Road/U.S. Highway 101 interchange, bring a study session item on the El Camino Real bike lane safety, and allow the installation of the restroom proposed at Willow Oaks park be considered separately from the other park improvements proposed.

The City Council requested the following item tiers to be updated (Nos. referenced from Attachment B of staff report):
• No. 29 Willow Oaks park to tier 1
• No. 16 Sea Level Rise Resiliency plan to tier 1
• No. 19 Urban forest master plan to tier 1
• No. 32 San Francisquito Creek upstream of 101 flood protection to tier 1 • No. 33 Stormwater Master Plan to tier 1
• No. 59 Willow/101 interchange improvements to tier 1
• No. 37 Downtown parking lot study to tier 1
• No. 18 Burgess campus microgrid and electrification to tier 1 • No. 13 Building exterior improvements to tier 2 or 3
• No. 54 Caltrain grade separation to tier 3
• No. 40 Plaza 7 renovations to on hold
• No. 41 Plaza 8 renovations to on hold
• No. 50 El Camino Real crossing improvements to tier 1 or 2 Page H-1.5

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Minutes – DRAFT May 9, 2023

The City Council directed:
• CAP leaf blower equipment replacement as an operating budget item opposed to a capital request
• Return with updated tiers for CIP items listed above to balance the additional tier 1 requests • Reviewing tier levels of No. 12 Belle Haven Child Development Center zero net energy retrofit and No. 13 Building exterior improvements to ensure completion. • Reviewing tier for No. 20 Aquatic center maintenance to ensure preventative repairs are made

The City Council expressed support for seeking quiet zone funding for two crossings (Ravenswood and Oak Grove Avenue) and exploring the use of TOT and transportation impact fees (TIF) fees, if applicable.

The City Council discussed tennis and pickleball court maintenance, utilizing the downtown public amenity fund and seeking additional funding for the quiet zone, replacement and usage of city electric leaf blowers, and exploring assessment districts if a viable option.

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

K. Informational Items
K1. City Council agenda topics: May 23 – June 13 (Staff Report #23-116-CC) K2. Transmittal of city attorney billing (Staff Report #23-111-CC) K3. Update on pilot quick build intersection improvements at Menlo Avenue and University Drive (Staff Report #23-112-CC)
The City Council received clarification on how bicyclists navigate the intersection.

K4. Update on the Willow Road-U.S. 101 Interchange landscaping (Staff Report #23-113-CC) • Pam Jones commented on the environmental justice issue arising from the impacts to air and noise quality from the lack of landscaping and screening.

L. City Manager Report's
None.

M. City Councilmember Reports
City Councilmember Nash reported out on the Peninsula Clean Energy meeting and the Finance and Audit Committee vacancies.

Vice Mayor Taylor reported out on the C/CAG meeting (Attachment).

City Councilmember Doerr commented on the lessons learned from the storm events and their office hours at Woodside Bakery and Cafe.

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Minutes – DRAFT May 9, 2023

Mayor Wolosin reported out on their virtual office hours and quarterly in-person opportunity.

City Councilmember Combs reported out on their weekly office hours Cafe Zoe.

N. Closed Session
N1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
• Matt Pruter spoke on labor negotiations.
• Fahteen Kahn spoke on concerns related to labor negotiations. • Sokny Sy spoke in support of labor negotiations and concerns on cost of living and current pay scale.
• Jom Sicat spoke in support of labor negotiations and concerns on retaining the level of service at current wages and staffing levels.

N2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of §54956.9)
Name of case: David Fogel et al. v. City of Menlo Park, Case No. 21-CIV-06674 O. Adjournment
Mayor Wolosin adjourned to the closed session at 11:16 p.m.

Mayor Wolosin adjourned the meeting at 12:30 p.m.

Judi A. Herren Assistant to the City Manager/City Clerk Page H-1.7

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING MINUTES – DRAFT
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.

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May 23, 2023

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. • 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 Page H-1.9

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
May 23, 2023

Haven Child Development Center during fiscal year 2023-24 (Staff Report #23-118-CC)

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.

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May 23, 2023

• 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 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).

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May 23, 2023

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

Mayor Wolosin opened the public hearing.
• 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.

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May 23, 2023

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 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.

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May 23, 2023

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 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 Page H-1.14

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

SPECIAL JOINT MEETING WITH MENLO PARK FIRE PROTECTION DISTRICT MINUTES – DRAFT
Date: 5/30/2023
Time: 6:00 p.m.

Locations: Teleconference, 413 Ivy Dr. Menlo Park, CA 94025 and City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Special Joint Meeting
A. Call To Order
Vice Mayor Taylor called the meeting to order at 6:15 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 Mayor Wolosin, passed 4-0 (Combs absent).

B. Roll Call

Present: Doerr, Nash, Taylor, Wolosin (remote – AB 2449 Emergency Circumstances)

Absent: Combs
Staff: City Manager Justin I. C. Murphy, Assistant City Manager Stephen Stolte, Acting City Attorney Mary Wagner, Assistant to the City Manager/City Clerk Judi A. Herren Menlo Park Fire Protection District (MPFPD) board members and staff:

President Virginia Chang Kiraly, Vice President Gary Bloom, Director Chuck Bernstein, Director Robert Jones, Director Rob Silano and Fire Chief Mark Lorenzen C. Special Business
C1. Community preparedness

MPFPD Chief Mark Lorenzen introduced the item.

The City Council and MPFPD board received clarification on service structure, communications and MPFPD funding distribution to the city.

The City Council and MPFPD board discussed annual meetings between MPFPD and other stakeholders, the recent winter storms and after action reports, supporting community groups, Menlo Park diversity across the Districts, coordinated messaging to residents, restarting the City Council Fire District subcommittee, and scheduling another joint meeting to discuss after action report.

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C2. Fire Station 1 at 300 Middlefield Road
MPFPD Chief Mark Lorenzen introduced the item.

The City Council and MPFPD board received clarification on training usage at Fire Station 1.

The City Council and MPFPD board discussed zoning approval for Fire Station 1 at a future meeting and the size of the facility.

C3. Caltrain grade separations
• Ezio Alviti spoke on concerns related to the engineering studies on noise and vibrations.

MPFPD Chief Mark Lorenzen and City Manager Justin Murphy introduced the item.

The City Council and MPFPD board received clarification on grade separation designs, quad gates for quiet zones, project timeline, and anticipating needs from future additional train traffic.

The City Council and MPFPD board discussed the Caltrain Local Policy Group workshop.

The City Council and MPFPD board took a recess at 8:02 p.m.

The City Council and MPFPD board reconvene at 8:23 p.m.

C4. Circulation, safe streets and primary response routes • Katie Behroozi spoke on bicycle and pedestrian safety measures in conjunction with the needs of emergency response vehicles.
• Sandhya Laddha spoke on bicycle and pedestrian safety measures in conjunction with the needs of emergency response vehicles.
• Adina Levin spoke on bicycle and pedestrian safety measures in conjunction with the needs of emergency response vehicles.
• Sally Cole spoke in support of street safety for all modes of transportation and working with MPFPD on safety.

President Virginia Chang Kiraly introduced the item.

The City Council and MPFPD board received clarification on statistics used in the local road safety plan, MPFPD standards for speedy response time and traffic calming measure impacts and infrastructure considerations.

The City Council and MPFPD board discussed bike accident statistics, the city’s local road safety plan, growth in traffic and population, emergency response circulation and bicycle lanes, impacts to MPFPD response times from development.

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Closed Session
D. Closed Session
D1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
E. Adjournment
Vice Mayor Taylor adjourned to the closed session at 8:57 p.m.

Vice Mayor Taylor adjourned the meeting at 9:59 p.m.

Assistant to the City Manager/City Clerk Judi A. Herren Page H-1.17

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING MINUTES – DRAFT
Date: 6/13/2023
Time: 6:00 p.m.

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

B. Roll Call

Present: Combs (remote – Brown Act), Doerr (remote – Brown Act and exited at 10:42 p.m.), Nash, Taylor, Wolosin

Absent: None
Staff: City Manager Justin I. C. Murphy, Assistant City Manager Stephen Stolte, Acting City Attorney Mary Wagner, Assistant to the City Manager/City Clerk Judi A. Herren C. Agenda Review
None.

D. Report from Closed Session
No reportable actions.

E. Public Comment
• Jeffrey Shore spoke on concerns to the Pope Chaucer bridge improvements. • Pam Jones spoke in support of the joint City Council and Planning Commission meeting on June 20.

The City Council reordered the agenda to allow for public comment on item M1.

M. Closed Session
M1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
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June 13, 2023

• Sokny Sy spoke in support of labor negotiations and on concerns related to the vacancy rate. • Jom Sicat with donated time from Deborah Calvillo spoke in support of labor negotiations. • CJ Shannon spoke in support of labor negotiations.
• Adam Patterson spoke in support of labor negotiations.

F. Presentations and Proclamations
F1. Proclamation: Recognizing Juneteenth Day (Attachment) Mayor Wolosin introduced the proclamation (Attachment).

The City Council discussed the flag being displayed year round.

F2. Proclamation: Recognizing June 2023 as Pride Month (Attachment) Mayor Wolosin read the proclamation (Attachment).

Director of the County of San Mateo LGBTQ Commission on the Status of Women Tanya Beat accepted the proclamation.

G. Consent Calendar
G1. Accept the City Council meeting minutes for April 25, 2023 (Attachment) G2. Authorize the city manager to enter into a professional services agreement for investment advisory services (Staff Report #23-133-CC)
• James Pistorino spoke on the city’s investment policy.

G3. Adopt a resolution approving the list of projects eligible for fiscal year 2023-24 funds from Senate Bill 1: The Road Repair and Accountability Act of 2017 (Staff Report #23-138-CC)

G4. Authorize the city manager to execute a construction contract to McGuire and Hester for the Haven Avenue Streetscape project (Staff Report #23-139-CC)
ACTION: Motion and second (Nash/ Doerr), to approved the consent calendar, passed unanimously.

H. Public Hearing
H1. Public hearing on proposed fiscal year 2023-24 budget and capital improvement plan (Staff Report #23-141-CC)
Administrative Services Director Brittany Mello and Assistant City Manager Stephen Stolte made a presentation (Attachment).

Mayor Wolosin opened the public hearing.
• James Pistorino spoke on engaging the public with Annual Comprehensive Financial Report (ACFR) and its attached 10-year forecast.

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June 13, 2023

• Adina Levin spoke in support of a balanced budget and advancing capital improvement projects. • Pam Jones requested that police overtime be included in the budget to understand the costs associated with mutual aid, concerns on air quality, funding for environmental justice programs, and in support of safe streets.
• Jenny Michel spoke in support of staff efforts, safe streets and an e-bike (electric) giveaway. • Randy Avalos spoke on economic uncertainty and impacts to residents. • Katherine Dumont spoke on challenges of new programs addressing past inequities. • Sue Connelly spoke in support of seeking state and federal funding. • Bryan Baskin spoke in support of safety as a priority.

Mayor Wolosin closed the public hearing.

The City Council received clarification on budget strategies and the five year forecast, Menlo Park Community Campus (MPCC) operating and staffing costs and funding, potential revenuegenerating ballot measures, use of below market rate (BMR) funding, funding levels for diversity, equity, inclusion, and belonging initiatives, funding for programs identified in the Environmental Justice Element, Flock cameras, and classification titles for the library and community services department.

The City Council took a recess at 7:50 p.m.

The City Council reconvened at 7:57 p.m.

The City Council discussed utility users tax (UUT), transient occupancy tax (TOT), funding antidisplacement strategies, mental health programs, the Community Grant Funding Program, use of American Rescue Plan Act (ARPA) funds, master fee schedule amendments, reducing graffiti through an art project, reducing median landscaping and weeding and park maintenance, reserve policies update, and identifying legacy funds separately.

The City Council directed staff to return with a study session on Flock cameras, provide additional information about MPCC staffing including an option to operate MPCC with no new staff added, proceed with ARPA funding as recommended in the proposed budget, return with the master fee schedule later this year, retain landscaping and weeding and park maintenance, research TOT as a potential revenue generating measure, maintain current reserve policies, continue the same level of unfunded accrued liability contribution as the prior fiscal year, and return with more information on the one-time developer payments and amenities fund at a future meeting.

I. Regular Business
I1. Adopt a resolution renewing Chapter 2.70 of the Menlo Park Municipal Code entitled military equipment use ordinance, Menlo Park Military Equipment Use Policy, and finding that the 2022 Menlo Park Police Department annual military equipment report complies with the standards of approval set forth in Menlo Park Police Department policy 708.7 and Government Code §7071(d) (Staff Report #23-135-CC)
Police Commander TJ Moffett made the presentation (Attachment).

The City Council received clarification on the 40-millimeter launchers.

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June 13, 2023

ACTION: Motion and second (Wolosin/ Nash), to adopt a resolution renewing Chapter 2.70 of the Menlo Park Municipal Code entitled military equipment use ordinance, Menlo Park Military Equipment Use Policy, and finding that the 2022 Menlo Park Police Department annual military equipment report complies with the standards of approval set forth in Menlo Park Police Department policy 708.7 and Government Code §7071(d), passed unanimously.

I2. Waive the first reading and introduce an ordinance adding Chapter 1.15 “Administrative Citations” and amending Chapter 8.04 “Nuisances” to add additional “Enumerated” nuisances to subsection

8.04.010 (Staff Report #23-136-CC)
Police Chief Dave Norris made the presentation (Attachment).

The City Council received clarification on enforcement abilities for compliance within the City Municipal Code, avoiding over policing, renter and owner responsibilities, and public outreach.

ACTION: Motion and second (Doerr/ Nash), to waive the first reading and introduce an ordinance adding Chapter 1.15 “Administrative Citations”, passed unanimously.

I3. Waive the first reading and introduce an ordinance adding Menlo Park Municipal Code Chapter

8.05 to require the use of zero emission landscaping equipment (ZELE) (Staff Report #23-134-CC) (Informe de Personal #23-134-CC)
Sustainability Manager Rebecca Lucky made the presentation (Attachment). • Leah Elkins spoke in support of the use of the ZELE ordinance. • James Pistorino spoke on ZELE related costs compared to the proposed budget. • Chair Nancy Larocca Hedley spoke on the Environmental Quality Commission (EQC) action on the ZELE ordinance.
• Amy Roleder spoke in support of the use of the ZELE ordinance.

The City Council received clarification on public outreach and enforcement implementation strategy.

The City Council discussed costs and funding to transition to electric gardening equipment, enforcement starting sooner than July 1, 2024 on enforcement for leaf blowers and string trimmers, and impacts to landscapers and gardeners.

The City Council directed additional outreach to begin as soon as possible to gardeners and community, reporting progress to the Environmental Quality Commission, and using hardship criteria for residents to qualify for the electric gardening equipment rebate program.

ACTION: Motion and second (Wolosin/ Nash), to waive the first reading and introduce an ordinance adding Menlo Park Municipal Code Chapter 8.05 (gasoline powered landscape equipment) to require use of zero emission landscaping equipment by a certain dates and repeal Chapter 8.07 (leaf blowers) and subsection (C) of §8.06.040 exceptions for gas powered leaf blowers, 3-2 (Combs and Taylor dissenting).

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June 13, 2023

J. Informational Items
J1. City Council agenda topics: June 20 – July 11 (Staff Report #23-140-CC) J2. Transmittal of city attorney billing (Staff Report #23-132-CC) J3. Police department quarterly update – Q1 January 2023 – March 2023 (Staff Report #23-137-CC) K. City Manager Report's
City Manager Justin Murphy reported out on the Juneteenth event on June 17 from 11 a.m. to 2 p.m.

L. City Councilmember Reports
City Councilmember Combs reported out on updated office hours and provided an update on the San Francisquito Creek Pope Chaucer bridge replacement based on new information and observations gathered during the 2022-23 winter storms.

Vice Mayor Taylor reported out on the City Council Community Amenities Subcommittee meeting (Attachment) and requested the reopening of the MPCC naming survey.

City Councilmember Nash reported out on the Meta Local Community Local Fund, Peninsula Clean Energy (PCE) and Stanford Community Resource Group meetings and a PCE e-bike rebate program.

Mayor Wolosin reported out on Local Policy Makers Group workshop and an upcoming Commute.org meeting.

M. Closed Session
M1. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the Service Employees International Union Local 521 (SEIU), American Federation of State, County, and Municipal Employees Local 829 (AFSCME), and Confidential employees
Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
N. Adjournment
Mayor Wolosin adjourned to closed session at 10:42 p.m.

Mayor Wolosin adjourned the meeting at 11:16 p.m.

Judi A. Herren Assistant to the City Manager/City Clerk Page H-1.22
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 6/27/2023
Staff Report Number: 23-143-CC
Consent Calendar: Amend the agreement with APTIM Environmental and Infrastructure, LLC for the operation,
maintenance and reporting of the Bedwell Bayfront
Park Landfill gas and leachate collection and
control systems for an additional six months and
determine this action is categorically exempt under
California Environmental Quality Act Guidelines
§15301 exemption for existing facilities
Recommendation
Staff recommends that the City Council authorize the city manager to execute an amendment to the agreement (Attachment A) with APTIM Environmental and Infrastructure, LLC (APTIM) for the operation, maintenance and reporting of the Bedwell Bayfront Park Landfill gas and leachate collection system improvements in the amount of $97,470 for an additional six-month term and determine this action is categorically exempt under California Environmental Quality Act Guidelines (CEQA) §15301 exemption for existing facilities.

Policy Issues
The agreement is consistent with Goal LU-7 (Land Use) of the general plan land use element, which is intended to “promote the implementation and maintenance of sustainable development, facilities and services to meet the needs of Menlo Park's residents, businesses, workers and visitors.” Background
Landfill history
The Bedwell Bayfront Park Landfill (Bedwell Landfill) is a Class III non-hazardous solid waste management facility located at the north end of the City on San Francisco Bay at Bayfront Expressway and Marsh Road.

The site is surrounded on three sides by the Don Edwards San Francisco Bay National Wildlife Refuge.

Originally referred to as the Marsh Road Landfill, San Mateo County first established solid waste operations at the site in 1957. In 1968, the City of Menlo Park (City) took over the responsibility of the landfill until its closure in 1984. In 1982, the City began the development of Bedwell Bayfront Park on the 160-acre site, of which the landfill covers 155 acres.

The critical aspect of maintaining the closed landfill includes managing the gases that are produced as the waste decomposes (primarily methane) and the water that infiltrates the refuse (known as leachate). The Bedwell Landfill typically generates about 127 million standard cubic feet of landfill gas a year. About 3.5 million gallons of leachate are extracted from the landfill and discharged to the sanitary sewer annually through the systems and regulatory permitting requirements described below.

AGENDA ITEM H-2 Page H-2.1
Staff Report #: 23-143-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Gas collection and control system
To comply with Bay Area Air Quality Management District (Air District) regulatory requirements and as part of the landfill closure plan, the City covered the refuse with clay. A landfill gas wellfield was installed in two phases, with the first phase built in 1984 and the second phase in 1987. Currently, the wellfield consists of 72 gas extraction wells and a network of gas collection pipes embedded just beneath the surface of the landfill cap.

Leachate collection and treatment system
The City also has the responsibility to monitor, collect samples and dispose of the leachate generated from the landfill in accordance with a permit to operate issued by the Regional Water Quality Control Board (Water Board). Leachate is groundwater that has migrated through landfill material and requires treatment through the sanitary sewer system. The monitoring system consists of seven groundwater monitoring wells, two surface water monitoring locations, six leachate wells, five piezometers, the 12 leachate extraction sumps and one leachate monitoring location at a sanitary sewer manhole.

APTIM agreement amendment 1
The initial five-year contract with APTIM for the operations, maintenance and regulatory reporting of the Bedwell Landfill gas and leachate systems expired June 30, 2022. On June 28, 2022, the City Council approved a one-year extension of the APTIM contract in anticipation of the upcoming construction of improvements to the gas and leachate systems (Attachment C).

On Sept. 20, 2022 the City Council awarded a contract to Blue Flame Crew West, LLC for construction of the Bedwell Landfill gas and leachate collection systems improvements. Construction is now underway and is scheduled to be completed in October 2023. Amendment 1 of the APTIM agreement expires June 30.

Analysis
Over the past two years, APTIM has been working with the project design team and the regulatory agencies as the plans for the construction of the landfill improvements were developed and completed for bidding.

APTIM has been an integral part of the design team, and is very familiar with the system and regulatory requirements. Staff recommends that the APTIM agreement be extended for additional six months until Dec. 31. This will provide consistent support to the design team and the contractor during the improvement construction and maintain coordination with the regulatory agencies (Air District and Water Board).

On April 6, APTIM submitted a proposal for the recommended six-month extension of the Bedwell Landfill operation and maintenance services (Exhibit A3 to Attachment A). The scope of work includes the tasks listed in Table 1 below.

Page H-2.2
Staff Report #: 23-143-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 1: Scope of work tasks
Task Description
1 Leachate and gas system routine monitoring, operating and maintenance services
2 Groundwater/leachate sampling and analysis
3 Groundwater/leachate monitoring reports
4 Gas system reporting
5 On-call maintenance and repair work
6 Project management
7 Wellfield reconstruction support
Tasks 1 through 6 above are also included in Amendment 1 of the APTIM agreement and cover the following regulatory reporting requirements:
• Annual surface emissions monitoring report
• Annual leachate flow meter calibration check
• Semi-annual groundwater sampling, laboratory analysis and reporting • Semi-annual surface water sampling, laboratory analysis and reporting • Quarterly leachate sampling, laboratory analysis and reporting • Monthly gas system flare operations, inspection and maintenance • Gas system weekly, monthly, quarterly monitoring and annual maintenance and reporting In addition, APTIM has included Task 7 to cover regulatory-compliant gas system operation during construction of the gas system improvements and upgrades. This will require extensive coordination with the design team and the construction contractor including gas system monitoring and ongoing communication with the Air District as the gas system undergoes modifications to improve is operations under the Air District permit to operate.

APTIM’s proposed routine service fee for the six-month contract extension is $97,470 or $16,245 monthly.

This is slightly lower than the monthly fee of $16,645 under the APTIM agreement Amendment 1 fee for the previous one-year extension. APTIM has also proposed a budget allowance of $25,000 to cover on-call maintenance and repair work and $25,000 for wellfield reconstruction support the six-month period of time.

Staff will issue a request for proposals (RFP) for a new five-year operations and maintenance contract during fall 2023, once the Bedwell Landfill leachate and gas system improvements and upgrades are complete. A new operations and maintenance contract will begin in 2024.

Impact on City Resources
The proposed fiscal year 2023-24 operating budget includes sufficient funding for the extension of this agreement. Landfill post closure funds will be utilized to continue to operate and maintain the Bedwell Bayfront Park Landfill leachate and gas collection system.

Page H-2.3
Staff Report #: 23-143-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Environmental Review
This project is categorically exempt pursuant to the CEQA Guidelines §§15301(c) and 15301(d) Existing Facilities.

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. APTIM agreement Amendment 2
B. Original five-year APTIM agreement
C. APTIM agreement Amendment 1
Report prepared by:

Tanisha Werner, Assistant Public Works Director - Engineering Reviewed by:

Nicole H. Nagaya, Deputy City Manager
Page H-2.4
CC Rev 20210301

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC THIS FIRST AMENDMENT is made and entered into this __________________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as “CITY,” and APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC, hereinafter referred to as “FIRST PARTY.”

1. Pursuant to Section 4. COMPENSATION AND PAYMENT of Agreement No. 2117, (“Agreement”), Section 4. COMPENSATION AND PAYMENT [amendment to section] to read as follows” “CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $1,468,570 as described in Exhibit "A", A-1, A-2 and A-3 Scope of Services. This compensation shall be based on the rates described in Exhibit "A, A-1, A-2, and A-3". All payments, including fixed hourly rates, 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.”

2. Pursuant to Section 9. NOTICES of Agreement No. 2117, (“Agreement”), Section 9. NOTICES [amendment to section] to read as follows”
Nicole H. Nagaya
Public Works
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6740
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Christopher M. Richgels
APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC.
4005 Port
Chicago HWY, Concord, CA 94520
916-218-8375
[email protected]

3. Pursuant to Section 24. TERM OF AGREEMENT of Agreement No. 2117, (“Agreement”), Section

24. TERM OF AGREEMENT [amendment to section] to read as follows” “This Agreement shall remain in effect for the period of July 1, 2017 through December 31, 2023 unless extended, amended, or terminated in writing by CITY.” Except as modified by this Amendment, all other terms and conditions of Agreement No. 2117 remain the same.

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

SIGNATURE PAGE TO FOLLOW
Page H-2.5 ATTACHMENT A
2 CC Rev 20200301
FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page H-2.6
APRIL 6, 2023
ATTENTION: Mike Sartor
SUBJECT: Proposed Contract 2117 Extension 2
Mr. Sartor:

Aptim Environmental & Infrastructure, LLC. (APTIM) greatly appreciates this opportunity to continue our services to the City of Menlo Park Department of Public Works (City) for operation, maintenance (O&M), and reporting of the Bedwell Bayfront Park Landfill (Landfill) leachate and gas collection and control systems, and groundwater monitoring and reporting services. We have the utmost confidence in our ability to continue to meet your goals and objectives based upon the experience of our local senior staff that has been conducting the scope of work for the past few years. We have added some key staff to this project as discussed below.

Our scope will provide O&M support to the pending GCCS
reconstruction scheduled for the spring/summer of 2023. Our project manager, Christopher M. Richgels, P.E., has known and worked with the Golder GCCS design team (Steve Nguyen – now with Blueflame - and Andy Wang) for a few decades now. APTIM will work closely with the Golder team and Blueflame to maintain flare operations while the system undergoes reconstruction.

APTIM is highly qualified to provide these services based on our over 30 years’ experience with the Landfill, in environmental consulting, O&M of landfill leachate collection and recovery system (LCRS), gas collection and control system (GCCS), ground water monitoring and reporting, WDR compliance, and landfill regulations.

As Senior Director of Operations for APTIM, Mr. Devin Moose is authorized to sign contracts binding the firm on its behalf.

Our attached scope description further elaborates on our Team's experience and our approach to continuing this project July through December 2023. We look forward to continuing our services to the City.

If you have any questions, please contact me at (630) 762-3308 or Chris Richgels at (916) 218-8375.

APTIM proposes to continue these services under Contract 2117 dated 5 April 2017
Sincerely,
Aptim Environmental and Infrastructure
Devin A. Moose Christopher M. Richgels, P.E.

CSW OPERATIONS DIRECTOR PROJECT MANAGER
C (630) 762-3308 C (916) 218-8375
E [email protected] E [email protected] APTIM
4005 PORT

CHICAGO HWY

CONCORD, CA
94520
APTIM.com
Exhibit A-3 Page H-2.7
Your Project Team
APTIM has assigned the following people to this project through 2023:

Christopher Richgels, PE, will serve as your Project Manager for the project. Mr. Richgels started his professional career in 1989 with Emcon Associates in San Jose, California and has managed private consultant design projects from conception through construction. He has over 33 years’ experience in all aspects of solid waste facility management including GCCS development and expansion, groundwater remediation and monitoring.

Erik Korsmo is being added back to the project team as he was the project engineer for the current flare station and related flare station control systems. He assisted with the groundwater, surface water and leachate monitoring and reporting starting in the late 1990s. Mr. Korsmo also managed the O&M of the facilities landfill gas collection and control system in 2017. He also prepared conceptual redesign efforts for the GCCS reconstruction.

Caitlin Mills, Air Quality Permitting will serve as your Task Manager specializing in air quality permitting and compliance. Ms. Mills has assisted with preparation of the monthly and annual regulatory reports for the Landfill since the departure of Andrew Kowalski. Ms. Mills manages data and compliance for landfills throughout the U.S., and actively manages data for 4 landfills.

Ms. Mills also provides support for notice of violation response and follow-up compliance, emission calculations, preparing environmental plans and reports, continuous emission monitoring (CEMS) quarterly data reconciliation reports, and EPA Method 9 visible emissions observations.

Ify Mordi, Regulatory Liaison and Air Quality Specialist is our new Air Quality Lead in the western Solid Waste group. Ms. Mordi provides project management and regulatory support for landfill gas projects and landfill NSPS/NESHAP compliance. Her prior experience included Air Pollution Specialist with the CARB Stationary Source Enforcement Branch and Air Quality Inpsector for the San Joaquin Valley Air Pollution Control District. Her experience with regulatory agencies provides APTIM with improved capacity in addressing air quality issues from the agencies. She will provide review and technical oversight of all GCCS reporting prepared by Ms. Mills for the project.

Cassandra Tremblay, PG, your Project Geologist will continue her responsibilities ensuring the groundwater monitoring and reporting work is conducted in accordance with the latest Waste Discharge Requirements and will lead the preparation of groundwater monitoring reports for the Landfill. She will prepare the October semi-annual ground water and monthly leachate monitoring reports.

Dan Easter, PG, CEG will continue his responsibilities providing review and technical oversight of the leachate and groundwater monitoring reports. He is a Professional Geologist and Certified Engineering Geologist (California) with over 33 years of experience in project management, remedial investigations and removal actions, land-use planning, engineering geology, hydrogeology, riparian and coastal processes, geologic hazard assessments, and groundwater investigations. He has been responsible for design, implementation, and management of numerous site characterization, environmental monitoring, and remediation programs
Scott Bittinger, PG, your non-routine services geologist will prepare additional information requests for special analyses requested by the City or by the Regional Board. He is a Exhibit A-3 Page H-2.8
Professional Geologist (California) with over 22 years in groundwater well design and installation, and of soil/soil vapor and groundwater cleanup projects. He will also provide backup for field support for landfill projects, including drilling and development oversight of new monitoring wells or other evaluation and investigation programs.

Paul Weinhardt – Groundwater Monitoring Lead will continue to perform sampling/monitoring activities at the Landfill and also coordination of environmental field sampling at the landfill. His responsibilities will include scheduling of all fieldwork, coordinating with the analytical laboratory, and reviewing all field paperwork for completeness and accuracy. Mr. Weinhardt has been providing superior field services for geologists and engineers for more than 25 years. His experience includes groundwater monitoring, operations and maintenance of groundwater and soil vapor extraction systems, soil sampling, lysimeter monitoring, leachate monitoring, and well development.

Pedro Ruiz - GCCS O&M, Monitoring and Leachate System Support Lead will provide groundwater monitoring support on this project. He is a Field Technician with 25 years of experience in the environmental field. His primary responsibilities include field operation and maintenance (O&M) of groundwater treatment systems. He is an experienced field technician with skills operating environmental sampling and monitoring instruments for air, soil, and water.

Michel Hills, Field Services Technician is a field technician with over 10 years of experience in the environmental field. His experience includes landfill GCCS O&M, environmental monitoring, sampling, O&M of groundwater treatment systems, installation of innovative remedial systems modifications of remedial systems, tank removals, and air, soil, groundwater, surface water sampling. Mr. Hills currently works closely with Mr. Richgels and Ruiz to perform field monitoring, sampling activities, routine O&M services, and on-call maintenance, repairs as needed at the Landfill.

Subcontractors
APTIM will continue our working relationship with :

BSK Associates
BSK Aassociates (BSK) will continue to provide groundwater, surface water, and leachate analytical services to APTIM as the most reasonably priced and best qualified provider of such services for this project based on their current working relationship with APTIM. The selection of an analytical laboratory is an important consideration. High quality analytical data is necessary for compliance with the WDRs.

Telstar Instruments, Inc.

Telstar Instruments, Inc. (Telstar) will provide APTIM annual flow meter calibration verification services at the enclosed flare station this fall. Telstar has been providing this service for the last 9 years. Telstar Instruments is a state certified instrumentation and controls integrator specializing in PLC_SCADA systems, measurement instrumentation, and automated process controls. Telstar provides complete onsite maintenance and calibration services, for all brands of PLC's, VFD's, process control instrumentation, radio telemetry, and SCADA systems.

Exhibit A-3 Page H-2.9
Field Solutions Inc.

Field Solutions Inc. (FSI) will provide APTIM with surface emissions monitoring (SEM) on the landfill this fall as required by PTO A3499 FSI has been providing this service since 2019.

Scope of Work
APTIM provides below a detailed description of the scope of services to be extended and construction support.

Continuing O&M Services
Continued O&M services must comply with all regulatory and updated permit requirements shown below:

Leachate, Groundwater. and Surface Water:
 Waste Discharge Requirements Order 97-073 (WDR)
 Wastewater Discharge Permit No. 220930 (SVCW)
GCCS:
 BAAQMD Permit to Operate No. A3499
Other Landfill Permits:
 San Francisco Bay Conservation and Development Commission (BCDC).  San Mateo County Environmental Health, Solid Waste Program Continuing Services Tasks
APTIM will provide extended services under six tasks as outlined below. Tasks 1 thru 4 and Task 6 will be billed as a lump sum monthly cost as is current practice. Task 5 will be billed separately on a time and expense basis under the contracted hourly and equipment rates as authorized by the city. Task 7 will involve attendance (virtual or in person as the situation requires) at construction meetings, response to flare operation events, and correspondence with the agencies. Task 7 work will also be billed separately on a time and expense basis under the contracted hourly and equipment rates:
 Task 1 – Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services  Task 2 – Quarterly Groundwater/Leachate Sampling and Analysis  Task 3 – Groundwater/Leachate Monitoring Reports
 Task 4 – GCCS Reporting
 Task 5 – On-Call Maintenance and Repair Work
 Task 6 – Project Management
 Task 7 – Wellfield Reconstruction Support
Exhibit A-3 Page H-2.10
Task 1 Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services
During this extended contract period APTIM will be responsible for operating and conducting routine monitoring of the leachate system and GCCS as detailed below under Subtasks 1 a and 1 b.

Subtask 1a - Leachate
Under Subtask 1a, APTIM will perform the following tasks on a monthly basis:
 Monitor and record:
› Flow at all leachate flow meters,
› Pump run-times,
› Piezometer levels,
› Sump levels, and
› Other pertinent parameters and activities.
 Monitor and adjust the leachate system in accordance with the flow requirements set in Permit MWDP No. 170930 based on field measurements.
› Observe and record maintenance and repair needs.
› Perform routine maintenance on the leachate system to ensure that it is operating efficiently.
› Observe and record major (non-routine) repair needs.
› Perform other necessary tasks as required to ensure regulatory compliance; and › Provide all the monitoring and operating data for the monthly reports as described under Task 3.

Subtask 1b - GCCS
Under Subtask 1b, APTIM will perform the following tasks:
 A minimum of monthly, monitor and adjust the GCCS components to ensure that the system is operated efficiently and in accordance with all permit requirements. This will meet permit and BAAQMD requirements.
 A minimum of monthly, adjust GCCS valves to ensure adequate gas flow, to reduce the migration of surface gases, and to minimize odors as needed. This will meet permit and BAAQMD requirements.
 A minimum of monthly, monitor gas wells, condensate traps, laterals headers, blowers, flare and other GCCS components. This will meet permit and BAAQMD requirements.  Typically, on a weekly basis, APTIM and Blue Flame will monitor and record the flare operating parameters (temperature and pressure), gas quality (% methane, carbon dioxide, oxygen, balance), gas flow and temperature: blower operating parameters (temperature, pressure, valve positions, run time hours), condensate system conditions and will confirm that the flare operating parameters are being recorded on the continuous data recorder (Yokogawa). This will meet permit and BAAQMD requirements.  Weekly conduct a general inspection of the flare station operations including:
› Alarm history.

Exhibit A-3 Page H-2.11
› Current operating conditions.
› Condensate management system functioning properly.
› Air compressor system functioning properly.
› Data recorder functioning properly.
› Sump pumps functioning properly.
› Check well field vacuum.
› Verify the City's SCADA system is receiving data.
› Check flow and vacuum historical data since previous week to determine if any variations or shutdowns occurred; and
› Other general operational parameters.
 A minimum of monthly, download and review the data from the continuous data recorded (Yokogawa) to ensure flare data is being recorded properly and operations are within the requirements of the permit and BAAQMD Rules and Regulations.  Measure and record on a monthly basis the static pressures, temperature, and percent content (methane, carbon dioxide, oxygen, balance) of the landfill gas at each of the wellheads as well as the liquid levels in the wellheads.  Calibrate on a monthly basis the analytical equipment.  Record / document all GCCS activities.
 Inspect and maintain the flare in accordance with the manufacturer's requirements.  Perform routine maintenance on the GCCS to ensure that it is operating efficiently.  Observe and record major (non-routine) repair needs.
 Ensure that the analytical equipment used is calibrated and certified.  Any other necessary tasks as required / as needed to ensure regulatory compliance; and  Provide all the monitoring and operating data for the monthly reports as described under Task 4.

APTIM will perform all GCCS sampling and analysis requirements pursuant to the BAAQMD through 2022. Specifically, APTIM will conduct surface emissions monitoring in September measuring the methane gas concentrations in parts per million off the surface of the Landfill within numbered grids. Exceedances will be flagged in the field and marked on the grid map.

Then, prior to leaving the site, APTIM will notify the City of any exceedances such that the City may visit to investigate and schedule repairs. Since the site has historically not had emission issues, 10 and 30-day re-scans are not included in APTIM's cost proposal.

The flare gas flowmeter is calibrated on an annual basis. APTIM will provide this service in the fall per the historical schedule.

Flare source testing was recently conducted in January 2022. The source test is due every four (4) year in accordance with the BAAQMD Permit, thus will not be required again until January 2026. Flare source testing is not included in this scope of work.

In addition to the above monitoring activities, APTIM will perform adjustments to the leachate system and GCCS in case of system failure and needed repair work. APTIM will have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

Exhibit A-3 Page H-2.12
Task 2 – Groundwater/Leachate Sampling and Analysis
APTIM will be responsible for the development of sampling protocols and complying with all sampling and analytical requirements required by the applicable Landfill permits. Analysis of constituents will be conducted by a certified laboratory (Pace Analytical Laboratories – formerly Pace).

APTIM will be responsible for complying with the water quality monitoring and reporting requirements required by WDR Order 97-073. These requirements include, but are not limited to:

WDR Order 97-073:
 Quarterly sampling and analysis of the leachate.
 Semi-annual sampling and analysis of the groundwater.  Semi-annual sampling and analysis of the surface water.  Semi-annual site inspections.
 Preparation and submittal of all monitoring reports to the applicable regulatory agencies on behalf of the City (as described under Task 3).

Further, APTIM will be responsible for complying with the leachate water quality monitoring and reporting requirements required by MWDP No. WB 120930. These requirements include, but are not limited to:

MWDP No. 170930:
 Quarterly sampling and analysis for specific constituents required by MWDP No. 170930; and
 Monthly flow measurements and reporting.

Task 3 – Groundwater/Leachate Monitoring Reports
Under Task 3 services, APTIM will prepare all monthly, semiannual, and annual monitoring reports as required by the City and in accordance with the regulatory requirements of the Landfill permits. APTIM will submit these reports to the applicable permit agencies on behalf of the City. All reports will include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures, and any recommendations. All reports will be submitted in draft form to the City for review and comment, and subsequently finalized with any City comments prior to their submittal to the permitting agencies.

APTIM will be responsible for the preparation and submittal of all monitoring and analysis reports complying with the water quality reporting requirements contained in WDR Order 97- 073 and MWDP No. WB 120930. Specifically, APTIM will provide the following:

WDR Order 97-073:
 Preparation and submittal of semi-annual reports due in April and October of each year The October 2023 report will be prepared under this scope.

MWDP No. 170930:
 Preparation and submittal of monthly leachate reports.

Exhibit A-3 Page H-2.13
Task 4 – GCCS Reporting
APTIM will continue preparation and submittal to the City of all monitoring and analysis reports complying with the GCCS reporting requirements of BAAQMD. Specifically, APTIM will be responsible for performing the following:
 Preparation and submittal of monthly reports to the city that include a summary of the GCCS monitoring data and maintenance activities; and
 Maintaining accurate records and access to the records / monitoring data for a period of 5 years. Data storage should be duplicated by the City and conducted at the City offices.  Preparation of annual compliance reporting in early 2023 Task 5 - On-Call Maintenance and Repair Work
APTIM will provide all the necessary labor, equipment, and materials to perform maintenance and repair work on the leachate system and GCCS on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City Staff.

Office level non-routine work scope may include:
 Develop recommendations and cost estimates for improving the performance of the landfill environmental control systems.

APTIM will provide an estimated cost of the on-call work and will seek authorization from the City prior to proceeding.

Task 6 - Project Management
Under Task 6, APTIM will provide project management of the above tasks as required, and will include the following:
 Coordinate and conduct meetings with City staff and permit agencies.  Conduct site visits with City staff.
 Assist with and review permit expiration dates, application renewal processes, monitoring, and maintenance regulations
GCCS Improvements
The City will be contracting for improvements to the GCCS wellfield and leachate control system this summer. APTIM will provide the services below on an on call, time-and-expense basis.

Task 7 – Wellfield Reconstruction Support
The City will be reconstructing the GCCS wellfield this summer. To maintain compliant GCCS operation will require extensive coordination between APTIM, the wellfield engineer (Golder Associates), the wellfield contractor, and the City (for flare shutdown notification).

APTIM will provide GCCS monitoring and new wellfield branch balancing as those installations are brought online by the contractor. APTIM’s project manager will participate in construction status meetings to coordinate and schedule new wellfield branch start up procedures with monitoring and extraction well balancing.

Exhibit A-3 Page H-2.14
APTIM will maintain communications with the City’s SCADA management team to facilitate flare restart after shutdowns due to landfill gas flow impacts from site construction work. Typically, the flare has an auto-start system that will restart the flare in the event of a power failure.

However, the flare may require some onsite management for restarts during gas flow failures.

In the event of flare shutdowns due to construction, APTIM will prepare the necessary “breakdown” reports for submittal to the BAAQMD. APTIM will keep the BAAQMD advised as to reconstruction project status and wellfield replacement schedule.

Cost Estimate
APTIM’s cost estimate for services extending beyond the expiration date of June 30, 2023 is presented below. Costs are presented in three levels: routine, non-routine on-call service, and construction support. This work would be conducted under the current contract as extended by the City.

Please note the twelve-month budget includes:
 1 ea Surface emissions monitoring (September 2023, or post-construction).  1 ea Annual flow meter calibration check (Fall 2023)
 1 ea Semi-annual groundwater sampling, laboratory analysis, and reporting event  1 ea Surface water sampling laboratory analysis and reporting event  2 ea Quarterly leachate sampling, laboratory analysis and reporting events  6 ea Monthly flare operations inspection and maintenance  GCCS Weekly, monthly, quarterly monitoring, annual maintenance, and reporting tasks.

Also note cost for some of the above events are distributed over a 6-month extended term.

These distributed costs include preparation of the fall semi-annual groundwater monitoring report (October 2023). The annual compliance reports will be due in 2024. APTIM understands 2024 will be the first year of a new contract for the above services. APTIM is confident we will provide the superior proposal thus win the new contract. Therefore, APTIM assumes these reporting tasks will be included in the new contract per the discussion in our Proposal for services.

APTIM's proposed routine service fee on a six-month basis for Tasks 1-4 and Task 6, from July 1, 2023 to December 31, 2023 is $97,470. On a monthly bill cycle as currently done, this equates to $16,245 billed monthly.

For the Task 5 non-routine services APTIM recommends budgeting $25,000 over the six-month period from July 1, 2023 to December 31, 2023. APTIM assumes Task 7 construction support services will be required from July 1, 2023 to December 31, 2023. We recommend budgeting $25,000 over this six-month period. These tasks would be billed for labor and expenses per the contacted labor hourly rate and equipment rate schedule. Subcontractor and other direct cost would be billed per expense plus a 7.5% markup per the current contract terms.

Exhibit A-3 Page H-2.15

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Public Works

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

STAFF REPORT
City Council
Meeting Date: 4/18/2017
Staff Report Number: 17-082-CC
Consent Calendar: Authorize the City Manager to enter into an agreement with CB&I Environmental &
Infrastructure, Inc. (CB&I) for the Operation and
Maintenance of the Bedwell Bayfront Park Landfill
Leachate and Gas Collection and Control Systems
(gas system) for a period of five years in the amount
of $796,000 with an additional not to exceed
$250,000 for as-needed maintenance repairs
Recommendation
Staff recommends that the City Council authorize the City Manager to enter into an agreement with CB&I for the Operation and Maintenance of the Bedwell Bayfront Park leachate and gas collection systems for a period of five years in the amount of $159,200 annually (total of $796,000) with an additional not to exceed $50,000 annually (total of $250,000) for as-needed maintenance repairs. The contract amount will be included in the budget for fiscal year (FY) 2017-18.

Policy Issues
The contract is consistent with Goal LU (Land Use) of the General Plan Land Use Element which is intended to “promote the implementation and maintenance of sustainable development, facilities and services to meet the needs of Menlo Park's residents, businesses, workers, and visitors.” Background
The Bedwell Bayfront Park Landfill is a Class III non-hazardous solid waste management facility located at the east end of the City on San Francisco Bay at Bayfront Expressway and Marsh Road. The site is surrounded on three sides by the Don Edwards San Francisco Bay National Wildlife Refuge. Originally referred to as the Marsh Road Landfill, San Mateo County first established solid waste operations at the site in 1957. In 1968, the City of Menlo Park (City) took over the responsibility of the landfill until its closure in 1984. In 1982, the City began the development of Bedwell Bayfront Park on the 160 acre site, of which the landfill covers 155 acres.

To comply with Bay Area Air Quality Management District (BAAQMD) regulatory requirements and as part of the landfill closure plan, the City covered the refuse with clay. A landfill gas wellfield was installed in two phases, with the first phase built in 1984 and the second phase in 1987. Currently, the wellfield consists of 72 gas extraction wells and a network of gas collection pipes embedded just beneath the surface of the landfill cap. During that time, the City awarded a Gas Lease to Fortistar, a contract operator, to build, maintain and operate a gas to energy plant. Internal combustion engines were used to generate electricity from the landfill. The electricity was sold to Pacific Gas and Electric (PG&E). The gas to energy plant was decommissioned in 2013 when the contract with PG&E expired and due to equipment wear and a decrease in landfill gas production. The landfill gas is directed to a flare for combustion near the far end of the park. A Page H-2.99
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org new flare was built in 2013 and the landfill gas is combusted in compliance with the BAAQMD permit. The gas system has continued to be operated by Fortistar, with their contract set to expire at the end of this fiscal year.

The leachate system consists of twelve extraction sumps located along the perimeter of the landfill and a monitoring network. In 1986 and 1987, seven leachate sumps were first installed, followed by the installation of five additional extraction sumps in 1998-99. In 1991, automated submersible pumps were installed in the older sumps, which originally consisted of gravel filled trenches with horizontal perforated piping at the base. The sumps installed in 1998-99 consist of gravel filled trenches with perforated piping at the base that slope toward risers equipped with automated submersible pumps and level control. Once the leachate is captured, it is discharged to the sanitary system, operated by the West Bay Sanitary District (WBSD), for conveyance to the wastewater treatment plant for treatment, which is operated by Silicon Valley Clean Water (SVCW) (formerly the South Bayside System Authority).

The leachate system is operated and monitored per the requirements of the Regional Water Quality Control Board (RWQCB). The City has the responsibility to monitor, collect samples and dispose of the leachate generated from the landfill. The monitoring system consists of seven groundwater monitoring wells, two surface water monitoring locations, six leachate wells, five piezometers, the twelve leachate extraction sumps and one leachate monitoring location at a sanitary sewer manhole. The operation and maintenance of the system has been contracted to CB&I since 1991. Their contract is set to expire at the end of this fiscal year.

The Bedwell Bayfront Park Landfill typically generates about 127 million standard cubic feet of landfill gas a year. About 3.5 million gallons of leachate are extracted from the landfill and discharged to the sanitary sewer annually.

Regulatory Requirements
The Bedwell Bayfront Park Landfill is operated and maintained according to the requirements placed by the following permits:

Leachate
 Waste Discharge Requirements Order 97-073 (WDR): The water quality monitoring and reporting requirements for the Bedwell Bayfront Park landfill leachate system are stipulated in Waste Discharge Requirements Order 97-073 (WDR), issued by RWQCB in 1997 with no expiration date.  Mandatory Wastewater Discharge Permit No. WB 120930 (MWDP): Monitoring is required under the MWDP, a joint permit issued by the WBSD and SVCW for the conveyance of the leachate to the sanitary system operated by WBSD and for treatment at the wastewater treatment facility operated by SVCW in Redwood City. The current 5-year permit expires on September 29, 2017.

Gas
 BAAQMD: The monitoring and reporting requirements for the gas system at the landfill are contained in the annual permit issued by the Bay Area Air Quality Management District (BAAQMD) to regulate emission of landfill gas to the atmosphere (Permit to Operate Landfill with gas collection system, Multimaterial Bayfront Park Landfill with Gas Collection System Abated by A3 Flare; Plant No. 3499; Expiration date: July 1, 2017). The permit requires regular monitoring of the gas collection system and flare station as well as annual reporting. The permit requires compliance with BAAQMD Regulations 8- 34, 2-1, 2-5, 9-1, AB32 and others.

Page H-2.100
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Other Landfill Permits
 San Francisco Bay Conservation and Development Commission (BCDC): Originally issued on December 24, 1970, the BCDC Permit No. 18-70 allowed for the development of the landfill by filling unfilled areas of the Bay and by allowing for the conversion of the closed landfill to a park. This permit was amended on September 19, 2008, to allow wetland mitigation funds to be used for habitat restoration instead of land acquisition. There are no monitoring or reporting requirements associated with this permit.
 San Mateo County Environmental Health, Solid Waste Program: San Mateo County inspects the landfill on a quarterly basis.

Analysis
In February of this year, staff issued a request for proposals (RFP) for the necessary services to operate and maintain the leachate and gas systems at the Bedwell Bayfront Park Landfill in accordance with all regulatory requirements. The scope of work included in the RFP was as follows:

Task 1 – Routine Monitoring and Operating Services
The Contractor shall be responsible for operating and conducting routine monitoring of the leachate and gas systems. In addition to the monitoring requirements, the Contractor shall be responsible for adjustments to the leachate and gas systems in case of system failure and needed repair work. The Contractor shall have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

Task 2 – Sampling and Analysis
The Contractor shall be responsible for the development of sampling protocols and complying with the analytical requirements as stipulated in all of the permits for the landfill. Analysis of constituents shall be conducted by certified laboratories. At a minimum, the Contractor shall be responsible for complying with the following permits and requirements.

Task 3 – Monitoring and Analysis Reports and Project Management The Contractor shall be responsible for the preparation of all monthly, semiannual and annual reports as required by the City and the regulatory requirements outlined in the permits and for submitting these to the permit agencies on behalf of the City. All reports shall include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures and any recommendations. All reports shall be submitted to the City for review prior their submittal to the permitting agencies.

Task 4 - Maintenance and Repair Work
The Contractor shall provide all the necessary labor, equipment and materials to perform maintenance and repair work on the leachate and gas systems on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City staff.

Task 5 – Project Management
The Contractor shall provide project management support, as required, inclusive of the following:
 Coordination and meetings with City staff and permit agencies;  Site visits with City staff;
 Assistance with and review of permit expiration dates, application renewal processes, monitoring and maintenance regulations; and
Page H-2.101
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org  Development of recommendations and cost estimates for improving the performance of the landfill systems.

The City received five proposals on March 8, 2017. These included CB&I, Geosyntec Consultants, SCS Engineers, Blue Flame Crew and Tetra Tech Inc. Staff reviewed the proposals and is recommending that CB&I is awarded the contract for the following reasons:
 CB&I provided the lowest bid; and
 The team has extensive experience operating and managing landfills, including both leachate and gas systems.

IMPACT ON CITY RESOURCES
The total annual cost for the operation and maintenance of the Bedwell Bayfront Park Landfill Leachate and Gas Collection and Control Systems is $159,200 with an additional not to exceed $50,000 for as-needed maintenance repairs. The total five year contract amounts to $1,046,000. On an annual basis, this is an increase of $27,085 a year (difference between $159,200 and the current contract of $132,115). However, the new scope of work includes regulatory requirements, which were not included in the past contract and which have been done by staff. To ensure that the leachate and gas systems are operated according to the most up to date regulatory requirements, the reporting requirements have been included as part of the scope of work for this contract. Landfill funds will be used to pay for the contract, which currently has a balance of over $4M. The contract amount will be included in the budget for FY 2017-18 and would begin on July 1, 2017.

ENVIRONMENTAL REVIEW
Environmental review is not required for this item.

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

Attachments
A. None
Report prepared by:

Azalea Mitch, Engineering Services Manager / City Engineer Reviewed by:

Justin Murphy, Public Works Director
Page H-2.102
CC Rev 20210301

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC THIS FIRST AMENDMENT is made and entered into this __________________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as “CITY,” and APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC, hereinafter referred to as “FIRST PARTY.”

1. Pursuant to Section 4. COMPENSATION AND PAYMENT of Agreement No. 2117, (“Agreement”), Section 4. COMPENSATION AND PAYMENT [amendment to section] to read as follows” “CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $1,321,100 as described in Exhibit "A", A-1, and A-2 Scope of Services. This compensation shall be based on the rates described in Exhibit "A, A-1, And A-2". All payments, including fixed hourly rates, 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.”

2. Pursuant to Section 9. NOTICES of Agreement No. 2117, (“Agreement”), Section 9. NOTICES [amendment to section] to read as follows”
Nicole H. Nagaya
Public Works
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6740
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Christopher M. Richgels
APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC.
4005 Port
Chicago HWY, Concord, CA 94520
916-218-8375
[email protected]

3. Pursuant to Section 24. TERM OF AGREEMENT of Agreement No. 2117, (“Agreement”), Section

24. TERM OF AGREEMENT [amendment to section] to read as follows” “This Agreement shall remain in effect for the period of July 1, 2017 through June 30, 2023 unless extended, amended, or terminated in writing by CITY.”
Except as modified by this Amendment, all other terms and conditions of Agreement No. number remain the same.

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

SIGNATURE PAGE TO FOLLOW



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ATTACHMENT C Page H-2.103
2 CC Rev 20200301
FOR FIRST PARTY:

Signature Date

Printed name Title

Tax ID#
APPROVED AS TO FORM:

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

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

Judi A. Herren, City Clerk Date

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Page H-2.104
MAY 19, 2022
ATTENTION: Mike Sartor
SUBJECT: Proposed Contract 2117 Extension
Mr. Sartor:

Aptim Environmental & Infrastructure, LLC. (APTIM) appreciates this opportunity to extend our services to the City of Menlo Park Department of Public Works (City) for operation, maintenance (O&M), and reporting of the Bedwell Bayfront Park Landfill (Landfill) leachate and gas collection and control systems, and groundwater monitoring and reporting services. We have the utmost confidence in our ability to continue to meet your goals and objectives based upon the experience of our local senior staff that has been conducting the scope of work for the past few years.

In addition, APTIM is prepared to provide O&M support to the pending GCCS reconstruction scheduled for the summer of 2022. Our project manager, Christopher M. Richgels, P.E., has known and worked with the Golder GCCS design team (Steve Nguyen and Andy Wang) for just a few decades now. APTIM will work closely with the Golder team and contractor to maintain flare operations while the system undergoes reconstruction.

APTIM is highly qualified to provide these services based on our over 30 years’ experience in environmental landfill consulting, O&M of landfill leachate collection and recovery systems (LCRS) and gas collection and control systems (GCCS), WDR compliance, and landfill regulations for the Landfill.

As Senior Director of Operations for APTIM, Mr. Devin Moose is authorized to sign contracts binding the firm on its behalf.

Our attached scope description further elaborates on our Team's experience and our approach to continuing this project through June 2023. We look forward to continuing our services to the City. If you have any questions, please contact me at (630) 762-3308 or Chris Richgels at (916) 218-8375.

APTIM proposes to continue these services under Contract 2117 dated 5 April 2017
Sincerely,
Aptim Environmental and Infrastructure
Devin A. Moose Christopher M. Richgels, P.E.

CSW OPERATIONS DIRECTOR PROJECT MANAGER
C (630) 762-3308 C (916) 218-8375
E [email protected] E [email protected] APTIM
4005 PORT

CHICAGO HWY

CONCORD, CA
94520
APTIM.com
EXHIBIT A-2

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Your Project Team
APTIM has assigned the following people to this project through 2023:

Christopher Richgels, PE, will serve as your Project Manager for the project. Mr. Richgels started his professional career in 1989 with Emcon Associates in San Jose, California and has managed private consultant design projects from conception through construction. He has over 33 years’ experience in all aspects of solid waste facility management including GCCS development and expansion, groundwater remediation and monitoring.

Andrew Kowalski, Air Quality Permitting will serve as your Task Manager specializing in air quality permitting and compliance. Over the past year, Mr. Kowalski has assisted with preparation of the monthly and annual regulatory reports for the Landfill. In addition, Mr.

Kowalski has experience managing data and compliance for landfills throughout the U.S., and actively manages data for more than 10 landfills. Mr. Kowalski has also supported clients with notice of violation response and follow-up compliance, onsite facility combustion source inventory/inspection, preparing environmental plans and reports, continuous emission monitoring (CEMS) quarterly data reconciliation reports, and EPA Method 9 visible emissions observations.

Scott Furlong, Regulatory Liaison and Air Quality Specialist serves as a Project Manager/Environmental Lead in the Solid Waste group. He is currently involved in project management and regulatory support for landfill gas projects and landfill NSPS/NESHAP compliance in PA, CA, and LA. He will provide review and technical oversight of all GCCS reporting prepared for the project.

Cassandra Tremblay, PG, your Project Geologist will continue her responsibilities ensuring the groundwater monitoring and reporting work is conducted in accordance with the latest Waste Discharge Requirements and will lead the preparation of groundwater monitoring reports for the Landfill. She will prepare the October semi-annual ground water and monthly leachate monitoring reports.

Dan Easter, PG, CEG will continue his responsibilities providing review and technical oversight of the leachate and groundwater monitoring reports. He is a Professional Geologist and Certified Engineering Geologist (California) with over 33 years of experience in project management, remedial investigations and removal actions, land-use planning, engineering geology, hydrogeology, riparian and coastal processes, geologic hazard assessments, and groundwater investigations. He has been responsible for design, implementation, and management of numerous site characterization, environmental monitoring, and remediation programs
Scott Bittinger, PG, your non-routine services geologist will prepare additional information requests for special analyses requested by the City or by the Regional Board. He is a Professional Geologist (California) with over 22 years in groundwater well design and installation, and of soil/soil vapor and groundwater cleanup projects. He will also provide backup for field support for landfill projects, including drilling and development oversight of new monitoring wells or other evaluation and investigation programs.

Sheila Richgels – Laboratory Coordination and Analysis Lead. She will continue coordination of environmental field sampling at the landfill. She brings over 30 years of experience in coordination environmental monitoring programs for dozens of landfills in northern 
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Page H-2.106
California. Her responsibilities include scheduling of all fieldwork, coordinating with the analytical laboratory, and reviewing all field paperwork for completeness and accuracy. Ms.

Richgels is in charge of APTIM’s field sampling staff for Northern and Central California.

Paul Weinhardt – Groundwater Monitoring Lead will continue to perform sampling/monitoring activities at the Landfill. Mr. Weinhardt has been providing superior field services for geologists and engineers for more than 25 years. His experience includes groundwater monitoring, operations and maintenance of groundwater and soil vapor extraction systems, soil sampling, lysimeter monitoring, leachate monitoring, and well development.

Pedro Ruiz - GCCS O&M, Monitoring and Leachate System Support Lead will provide groundwater monitoring support on this project. He is a Field Technician with 25 years of experience in the environmental field. His primary responsibilities include field operation and maintenance (O&M) of groundwater treatment systems. He is an experienced field technician with skills operating environmental sampling and monitoring instruments for air, soil, and water.

Michel Hills, Field Services Technician is a field technician with over 10 years of experience in the environmental field. His experience includes landfill GCCS O&M, environmental monitoring, sampling, O&M of groundwater treatment systems, installation of innovative remedial systems modifications of remedial systems, tank removals, and air, soil, groundwater, surface water sampling. Mr. Hills currently works closely with Mr. Richgels and Ruiz to perform field monitoring, sampling activities, routine O&M services, and on-call maintenance, repairs as needed at the Landfill.

Subcontractors
APTIM will continue our working relationship with :

Pace Analytical Laboratories, Inc. (Formerly BC Laboratories) Pace Analytical Laboratories, Inc. (Pace) will continue to provide groundwater, surface water, and leachate analytical services to APTIM as the most reasonably priced and best qualified provider of such services for this project based on their current working long term relationship with APTIM. The selection of an analytical laboratory is an important consideration. High quality analytical data is necessary for compliance with the WDRs.

Blue Flame Environmental, Inc.

Blue Flame Environmental, Inc. (Blue Flame) will continue to provide APTIM flare inspection, operations and maintenance services through 2023. Blue Flame utilizes United States Environmental Protection Agency (EPA), CARB and BAAQMD approved test methods, with the goal of reporting accurate and defensible data that surpasses the expectations and requirements of our clients and applicable regulatory agencies. Blue Flame offers testing services that are extremely competitive by keeping overhead low, while heavily investing in new equipment.

Telstar Instruments, Inc.

Telstar Instruments, Inc. (Telstar) will provide APTIM annual flow meter calibration verification services at the enclosed flare station this fall. Telstar has been providing this service for the last 9 years. Telstar Instruments is a state certified instrumentation and controls integrator specializing in PLC_SCADA systems, measurement instrumentation, and automated process 
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controls. Telstar provides complete onsite maintenance and calibration services, for all brands of PLC's, VFD's, process control instrumentation, radio telemetry, and SCADA systems.

Field Solutions Inc.

Field Solutions Inc. (FSI) will provide APTIM with surface emissions monitoring (SEM) on the landfill this fall as required by PTO A3499 FSI has been providing this service since 2019.

Scope of Work
APTIM provides below a detailed description of the scope of services to be extended and construction support.

Continuing O&M Services
Continued O&M services must comply with all regulatory and updated permit requirements shown below:

Leachate, Groundwater. and Surface Water:
f Waste Discharge Requirements Order 97-073 (WDR)
f Mandatory Wastewater Discharge Permit No. 170930 (MWDP) GCCS:
f BAAQMD Permit to Operate No. A3499
Other Landfill Permits:
f San Francisco Bay Conservation and Development Commission (BCDC). f San Mateo County Environmental Health, Solid Waste Program Continuing Services Tasks
APTIM will provide extended services under six tasks as outlined below. Tasks 1 thru 4 and Task 6 will be billed as a lump sum monthly cost as is current practice. Task 5 will be billed separately on a time and expense basis under the contracted hourly and equipment rates.:
f Task 1 – Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services f Task 2 – Quarterly Groundwater Sampling and Analysis
f Task 3 – Groundwater Analysis Reports
f Task 4 – GCCS Reporting
f Task 5 – On-Call Maintenance and Repair Work
f Task 6 – Project Management

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Task 1 Leachate & GCCS Routine Monitoring, Operating, and Maintenance Services
During this extended contract period APTIM will be responsible for operating and conducting routine monitoring of the leachate system and GCCS as detailed below under Subtasks 1 a and 1 b.

Subtask 1a - Leachate
Under Subtask 1a, APTIM will perform the following tasks on a monthly basis:
f Monitor and record:
› Flow at all leachate flow meters,
› Pump run-times,
› Piezometer levels,
› Sump levels, and
› Other pertinent parameters and activities.
f Monitor and adjust the leachate system in accordance with the flow requirements set in Permit MWDP No. 170930 based on field measurements.
› Observe and record maintenance and repair needs.
› Perform routine maintenance on the leachate system to ensure that it is operating efficiently.
› Observe and record major (non-routine) repair needs.
› Perform other necessary tasks as required to ensure regulatory compliance; and › Provide all the monitoring and operating data for the monthly reports as described under Task 3.

Subtask 1b - GCCS
Under Subtask 1b, APTIM and Blue Flame will perform the following tasks:
f A minimum of monthly, monitor and adjust the GCCS components to ensure that the system is operated efficiently and in accordance with all permit requirements. This will meet permit and BAAQMD requirements.
f A minimum of monthly, adjust GCCS valves to ensure adequate gas flow, to reduce the migration of surface gases, and to minimize odors as needed. This will meet permit and BAAQMD requirements.
f A minimum of monthly, monitor gas wells, condensate traps, laterals headers, blowers, flare and other GCCS components. This will meet permit and BAAQMD requirements. f Typically, on a weekly basis, APTIM and Blue Flame will monitor and record the flare operating parameters (temperature and pressure), gas quality (% methane, carbon dioxide, oxygen, balance), gas flow and temperature: blower operating parameters (temperature, pressure, valve positions, run time hours), condensate system conditions and will confirm that the flare operating parameters are being recorded on the continuous data recorder (Yokogawa). This will meet permit and BAAQMD requirements. f Weekly conduct a general inspection of the flare station operations including:
› Alarm history.

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› Current operating conditions.
› Condensate management system functioning properly.
› Air compressor system functioning properly.
› Data recorder functioning properly.
› Sump pumps functioning properly.
› Check well field vacuum.
› Verify the City's SCADA system is receiving data.
› Check flow and vacuum historical data since previous week to determine if any variations or shutdowns occurred; and
› Other general operational parameters.
f A minimum of monthly, download and review the data from the continuous data recorded (Yokogawa) to ensure flare data is being recorded properly and operations are within the requirements of the permit and BAAQMD Rules and Regulations. f Measure and record on a monthly basis the static pressures, temperature, and percent content (methane, carbon dioxide, oxygen, balance) of the landfill gas at each of the wellheads as well as the liquid levels in the wellheads. f Calibrate on a monthly basis the analytical equipment. f Record / document all GCCS activities.
f Inspect and maintain the flare in accordance with the manufacturer's requirements. f Perform routine maintenance on the GCCS to ensure that it is operating efficiently. f Observe and record major (non-routine) repair needs.
f Ensure that the analytical equipment used is calibrated and certified. f Any other necessary tasks as required / as needed to ensure regulatory compliance; and f Provide all the monitoring and operating data for the monthly reports as described under Task 4.

APTIM will perform all GCCS sampling and analysis requirements pursuant to the BAAQMD through 2022. Specifically, APTIM will conduct surface emissions monitoring in September measuring the methane gas concentrations in parts per million off the surface of the Landfill within numbered grids. Exceedances will be flagged in the field and marked on the grid map.

Then, prior to leaving the site, APTIM will notify the City of any exceedances such that the City may visit to investigate and schedule repairs. Since the site has historically not had emission issues, 10 and 30-day re-scans are not included in APTIM's cost proposal.

The flare gas flowmeter is calibrated on an annual basis. APTIM will provide this service in the fall per the historical schedule.

Flare source testing was recently conducted in January 2022. The source test is due every four (4) year in accordance with the BAAQMD Permit, thus will not be required again until January 2026. Flare source testing is not included in this scope of work.

In addition to the above monitoring activities, APTIM will perform adjustments to the leachate system and GCCS in case of system failure and needed repair work. APTIM will have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

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Task 2 – Groundwater/Leachate Sampling and Analysis
APTIM will be responsible for the development of sampling protocols and complying with all sampling and analytical requirements required by the applicable Landfill permits. Analysis of constituents will be conducted by a certified laboratory (Pace Analytical Laboratories – formerly Pace).

APTIM will be responsible for complying with the water quality monitoring and reporting requirements required by WDR Order 97-073. These requirements include, but are not limited to:

WDR Order 97-073:
f Quarterly sampling and analysis of the leachate.
f Semi-annual sampling and analysis of the groundwater. f Semi-annual sampling and analysis of the surface water. f Semi-annual site inspections.
f Preparation and submittal of all monitoring reports to the applicable regulatory agencies on behalf of the City (as described under Task 3).

Further, APTIM will be responsible for complying with the leachate water quality monitoring and reporting requirements required by MWDP No. WB 120930. These requirements include, but are not limited to:

MWDP No. 170930:
f Quarterly sampling and analysis for specific constituents required by MWDP No. 170930; and
f Monthly flow measurements and reporting.

Task 3 – Groundwater/Leachate Monitoring Reports
Under Task 3 services, APTIM will prepare all monthly, semiannual, and annual monitoring reports as required by the City and in accordance with the regulatory requirements of the Landfill permits. APTIM will submit these reports to the applicable permit agencies on behalf of the City. All reports will include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures, and any recommendations. All reports will be submitted in draft form to the City for review and comment, and subsequently finalized with any City comments prior to their submittal to the permitting agencies.

APTIM will be responsible for the preparation and submittal of all monitoring and analysis reports complying with the water quality reporting requirements contained in WDR Order 97- 073 and MWDP No. WB 120930. Specifically, APTIM will provide the following:

WDR Order 97-073:
f Preparation and submittal of semi-annual reports due in April and October of each year The October 2022 and April 2023 reports will be prepared under this scope.

MWDP No. 170930:
f Preparation and submittal of monthly leachate reports. 
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Task 4 – GCCS Reporting
APTIM will continue preparation and submittal to the City of all monitoring and analysis reports complying with the GCCS reporting requirements of BAAQMD. Specifically, APTIM will be responsible for performing the following:
f Preparation and submittal of monthly reports that include a summary of the GCCS monitoring data and maintenance activities; and
f Maintaining accurate records and access to the records / monitoring data for a period of 5 years. Data storage should be duplicated by the City and conducted at the City offices. f Preparation of annual compliance reporting in early 2023 Task 5 - On-Call Maintenance and Repair Work
APTIM will provide all the necessary labor, equipment, and materials to perform maintenance and repair work on the leachate system and GCCS on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City Staff.

Office level non-routine work scope may include:
f Preparation of renewal application package for the leachate Mandatory Wastewater Discharge Permit with Silicon Valley Clean Water in September 2022. The last permissible automatic extension to permit 170930 occurred last year. f Develop recommendations and cost estimates for improving the performance of the landfill environmental control systems.

APTIM will provide an estimated cost of the on-call work and will seek authorization from the City prior to proceeding.

Task 6 - Project Management
Under Task 6, APTIM will provide project management of the above tasks as required, and will include the following:
f Coordinate and conduct meetings with City staff and permit agencies. f Conduct site visits with City staff.
f Assist with and review permit expiration dates, application renewal processes, monitoring, and maintenance regulations
GCCS Improvements
The City will be contracting for improvements to the GCCS wellfield and leachate control system this summer. APTIM will provide the services below on an on call, time-and-expense basis.

Task 7 – Wellfield Reconstruction Support
The City will be reconstructing the GCCS wellfield this summer. To maintain compliant GCCS operation will require extensive coordination between APTIM, the wellfield engineer (Golder Associates), the wellfield contractor, and the City (for flare shutdown notification).

APTIM will provide GCCS monitoring and new wellfield branch balancing as those installations are brought online by the contractor. APTIM’s project manager will participate in construction 
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Page H-2.112
status meetings to coordinate and schedule new wellfield branch start up procedures with monitoring and extraction well balancing.

APTIM will maintain communications with the City’s SCADA management team to facilitate flare restart after shutdowns due to landfill gas flow impacts from site construction work. Typically, the flare has an auto-start system that will restart the flare in the event of a power failure.

However, the flare may require some onsite management for restarts during gas flow failures.

In the event of flare shutdowns due to construction, APTIM will prepare the necessary “breakdown” reports for submittal to the BAAQMD. APTIM will keep the BAAQMD advised as to reconstruction project status and wellfield replacement schedule.

Cost Estimate
APTIM’s cost estimate for services extending beyond the expiration date of June 30, 2022 is presented below. Costs are presented in three levels: routine, non-routine on-call service, and construction support. This work would be conducted under the current contract as extended by the City.

Please note the twelve-month budget includes:
f 1 ea Surface emissions monitoring (September 2022).
f 1 ea Annual flow meter calibration check (Fall 2022)
f 2 ea Semi-annual groundwater sampling, laboratory analysis, and reporting event f 2 ea Surface water sampling laboratory analysis and reporting event f 4 ea Quarterly leachate sampling, laboratory analysis and reporting events f 12 ea Monthly flare operations inspection and maintenance f GCCS Weekly, monthly, quarterly monitoring, annual maintenance, and reporting tasks.

Also note cost for some of the above events are distributed over a twelve-month extended term.

These distributed costs include preparation of the annual GCCS permit compliance and both semi-annual groundwater monitoring reports (October 2022, and April 2023).

APTIM's proposed routine service fee on a twelve-month basis from July 1, 2022 to June 30, 2023 is $200,100. On a monthly bill cycle as currently done, this equates to $16,675 billed monthly.

For the Task 5 non-routine services APTIM recommends budgeting $50,000 over the twelvemonth period from July 1, 2022 to June 30, 2023. APTIM assumes Task 7 construction support services will be required from July 1, 2022 to December 32, 2022. We recommend budgeting $25,000 over this six-month period. These tasks would be billed for labor and expenses per the contacted labor hourly rate and equipment rate schedule. Subcontractor and other direct cost would be billed per expense plus a 7.5% markup per the current contract terms. 
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Public Works

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

STAFF REPORT
City Council
Meeting Date: 4/18/2017
Staff Report Number: 17-082-CC
Consent Calendar: Authorize the City Manager to enter into an agreement with CB&I Environmental &
Infrastructure, Inc. (CB&I) for the Operation and
Maintenance of the Bedwell Bayfront Park Landfill
Leachate and Gas Collection and Control Systems
(gas system) for a period of five years in the amount
of $796,000 with an additional not to exceed
$250,000 for as-needed maintenance repairs
Recommendation
Staff recommends that the City Council authorize the City Manager to enter into an agreement with CB&I for the Operation and Maintenance of the Bedwell Bayfront Park leachate and gas collection systems for a period of five years in the amount of $159,200 annually (total of $796,000) with an additional not to exceed $50,000 annually (total of $250,000) for as-needed maintenance repairs. The contract amount will be included in the budget for fiscal year (FY) 2017-18.

Policy Issues
The contract is consistent with Goal LU (Land Use) of the General Plan Land Use Element which is intended to “promote the implementation and maintenance of sustainable development, facilities and services to meet the needs of Menlo Park's residents, businesses, workers, and visitors.” Background
The Bedwell Bayfront Park Landfill is a Class III non-hazardous solid waste management facility located at the east end of the City on San Francisco Bay at Bayfront Expressway and Marsh Road. The site is surrounded on three sides by the Don Edwards San Francisco Bay National Wildlife Refuge. Originally referred to as the Marsh Road Landfill, San Mateo County first established solid waste operations at the site in 1957. In 1968, the City of Menlo Park (City) took over the responsibility of the landfill until its closure in 1984. In 1982, the City began the development of Bedwell Bayfront Park on the 160 acre site, of which the landfill covers 155 acres.

To comply with Bay Area Air Quality Management District (BAAQMD) regulatory requirements and as part of the landfill closure plan, the City covered the refuse with clay. A landfill gas wellfield was installed in two phases, with the first phase built in 1984 and the second phase in 1987. Currently, the wellfield consists of 72 gas extraction wells and a network of gas collection pipes embedded just beneath the surface of the landfill cap. During that time, the City awarded a Gas Lease to Fortistar, a contract operator, to build, maintain and operate a gas to energy plant. Internal combustion engines were used to generate electricity from the landfill. The electricity was sold to Pacific Gas and Electric (PG&E). The gas to energy plant was decommissioned in 2013 when the contract with PG&E expired and due to equipment wear and a decrease in landfill gas production. The landfill gas is directed to a flare for combustion near the far end of the park. A 
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Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org new flare was built in 2013 and the landfill gas is combusted in compliance with the BAAQMD permit. The gas system has continued to be operated by Fortistar, with their contract set to expire at the end of this fiscal year.

The leachate system consists of twelve extraction sumps located along the perimeter of the landfill and a monitoring network. In 1986 and 1987, seven leachate sumps were first installed, followed by the installation of five additional extraction sumps in 1998-99. In 1991, automated submersible pumps were installed in the older sumps, which originally consisted of gravel filled trenches with horizontal perforated piping at the base. The sumps installed in 1998-99 consist of gravel filled trenches with perforated piping at the base that slope toward risers equipped with automated submersible pumps and level control. Once the leachate is captured, it is discharged to the sanitary system, operated by the West Bay Sanitary District (WBSD), for conveyance to the wastewater treatment plant for treatment, which is operated by Silicon Valley Clean Water (SVCW) (formerly the South Bayside System Authority).

The leachate system is operated and monitored per the requirements of the Regional Water Quality Control Board (RWQCB). The City has the responsibility to monitor, collect samples and dispose of the leachate generated from the landfill. The monitoring system consists of seven groundwater monitoring wells, two surface water monitoring locations, six leachate wells, five piezometers, the twelve leachate extraction sumps and one leachate monitoring location at a sanitary sewer manhole. The operation and maintenance of the system has been contracted to CB&I since 1991. Their contract is set to expire at the end of this fiscal year.

The Bedwell Bayfront Park Landfill typically generates about 127 million standard cubic feet of landfill gas a year. About 3.5 million gallons of leachate are extracted from the landfill and discharged to the sanitary sewer annually.

Regulatory Requirements
The Bedwell Bayfront Park Landfill is operated and maintained according to the requirements placed by the following permits:

Leachate
x Waste Discharge Requirements Order 97-073 (WDR): The water quality monitoring and reporting requirements for the Bedwell Bayfront Park landfill leachate system are stipulated in Waste Discharge Requirements Order 97-073 (WDR), issued by RWQCB in 1997 with no expiration date. x Mandatory Wastewater Discharge Permit No. WB 120930 (MWDP): Monitoring is required under the MWDP, a joint permit issued by the WBSD and SVCW for the conveyance of the leachate to the sanitary system operated by WBSD and for treatment at the wastewater treatment facility operated by SVCW in Redwood City. The current 5-year permit expires on September 29, 2017.

Gas
x BAAQMD: The monitoring and reporting requirements for the gas system at the landfill are contained in the annual permit issued by the Bay Area Air Quality Management District (BAAQMD) to regulate emission of landfill gas to the atmosphere (Permit to Operate Landfill with gas collection system, Multimaterial Bayfront Park Landfill with Gas Collection System Abated by A3 Flare; Plant No. 3499; Expiration date: July 1, 2017). The permit requires regular monitoring of the gas collection system and flare station as well as annual reporting. The permit requires compliance with BAAQMD Regulations 8- 34, 2-1, 2-5, 9-1, AB32 and others.

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Page H-2.198
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Other Landfill Permits
x San Francisco Bay Conservation and Development Commission (BCDC): Originally issued on December 24, 1970, the BCDC Permit No. 18-70 allowed for the development of the landfill by filling unfilled areas of the Bay and by allowing for the conversion of the closed landfill to a park. This permit was amended on September 19, 2008, to allow wetland mitigation funds to be used for habitat restoration instead of land acquisition. There are no monitoring or reporting requirements associated with this permit.
x San Mateo County Environmental Health, Solid Waste Program: San Mateo County inspects the landfill on a quarterly basis.

Analysis
In February of this year, staff issued a request for proposals (RFP) for the necessary services to operate and maintain the leachate and gas systems at the Bedwell Bayfront Park Landfill in accordance with all regulatory requirements. The scope of work included in the RFP was as follows:

Task 1 – Routine Monitoring and Operating Services
The Contractor shall be responsible for operating and conducting routine monitoring of the leachate and gas systems. In addition to the monitoring requirements, the Contractor shall be responsible for adjustments to the leachate and gas systems in case of system failure and needed repair work. The Contractor shall have the availability to arrive at the site and respond to equipment malfunctions and emergencies within 8 hours of the call-out service request.

Task 2 – Sampling and Analysis
The Contractor shall be responsible for the development of sampling protocols and complying with the analytical requirements as stipulated in all of the permits for the landfill. Analysis of constituents shall be conducted by certified laboratories. At a minimum, the Contractor shall be responsible for complying with the following permits and requirements.

Task 3 – Monitoring and Analysis Reports and Project Management The Contractor shall be responsible for the preparation of all monthly, semiannual and annual reports as required by the City and the regulatory requirements outlined in the permits and for submitting these to the permit agencies on behalf of the City. All reports shall include a description of the site and landfill systems, evaluation criteria, explanation of any calculations, certified analytical results, monitoring and inspection summaries, field and laboratory records, maps and figures and any recommendations. All reports shall be submitted to the City for review prior their submittal to the permitting agencies.

Task 4 - Maintenance and Repair Work
The Contractor shall provide all the necessary labor, equipment and materials to perform maintenance and repair work on the leachate and gas systems on an on-call and as-needed basis. The work may be based on maintenance and repairs needs identified during routine inspections, system failures, and any other work requested by City staff.

Task 5 – Project Management
The Contractor shall provide project management support, as required, inclusive of the following:
x Coordination and meetings with City staff and permit agencies; x Site visits with City staff;
x Assistance with and review of permit expiration dates, application renewal processes, monitoring and maintenance regulations; and

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Page H-2.199
Staff Report #: 17-082-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org x Development of recommendations and cost estimates for improving the performance of the landfill systems.

The City received five proposals on March 8, 2017. These included CB&I, Geosyntec Consultants, SCS Engineers, Blue Flame Crew and Tetra Tech Inc. Staff reviewed the proposals and is recommending that CB&I is awarded the contract for the following reasons:
x CB&I provided the lowest bid; and
x The team has extensive experience operating and managing landfills, including both leachate and gas systems.

IMPACT ON CITY RESOURCES
The total annual cost for the operation and maintenance of the Bedwell Bayfront Park Landfill Leachate and Gas Collection and Control Systems is $159,200 with an additional not to exceed $50,000 for as-needed maintenance repairs. The total five year contract amounts to $1,046,000. On an annual basis, this is an increase of $27,085 a year (difference between $159,200 and the current contract of $132,115). However, the new scope of work includes regulatory requirements, which were not included in the past contract and which have been done by staff. To ensure that the leachate and gas systems are operated according to the most up to date regulatory requirements, the reporting requirements have been included as part of the scope of work for this contract. Landfill funds will be used to pay for the contract, which currently has a balance of over $4M. The contract amount will be included in the budget for FY 2017-18 and would begin on July 1, 2017.

ENVIRONMENTAL REVIEW
Environmental review is not required for this item.

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

Attachments
A. None
Report prepared by:

Azalea Mitch, Engineering Services Manager / City Engineer Reviewed by:

Justin Murphy, Public Works Director

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Page H-2.200
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 6/27/2023
Staff Report Number: 23-144-CC
Consent Calendar: Amend the contract with Chrisp Company to add funding to install the Middle Avenue bicycle lane
pilot
Recommendation
Staff recommends that City Council amend the City’s existing contract with Chrisp Company to add funding to install the Middle Avenue complete streets project bicycle lane pilot between University Drive and Olive Street using resources from the Middle Avenue complete streets capital improvement project (Attachment A).

Policy Issues
The Middle Avenue complete streets project is consistent with policies and programs stated in the General Plan Circulation Element (e.g., CIRC-1.7, CIRC-1.8, CIRC-2.7, etc.) These policies seek to maintain a safe, efficient, attractive, user-friendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park.

Background
In 2021, the City Council established the Middle Avenue complete streets project as a priority project with the following objectives:
• Enhance bicyclist and pedestrian visibility and improve safety of all street users • Provide safe and comfortable cycling and pedestrian infrastructure and encourage sustainable modes of transportation
• Increase accessibility of the corridor by supporting improvements related to Middle Plaza and ongoing study of the grade-separated pedestrian and bicycle crossing Since late 2021, staff have been conducting planning and outreach for this project. On Feb. 14, City Council provided direction to pursue parking removal on both sides of Middle Avenue and to install buffered bike lanes as a pilot (Attachment B).

The City annually allocates funds from Measure A, a San Mateo countywide sales tax authorized by voters, to repair and maintain city street signage and striping. The program assists in maintaining and upgrading the City’s signage and striping infrastructure to comply with current State and Federal standards and to support smaller scale projects that upgrade existing pavement markings and/or signs, such as installing new stop signs and 15 mph school zone speed limit signs, implementing the Menlo Avenue-University Drive quick build project (recently installed), and others.

On April 7, 2021, the City Council awarded contracts for signage and striping to two contractors – Chrisp Company and Quality Striping, Inc. – to support the City on an on-call basis. Having two on-call contractors AGENDA ITEM H-3 Page H-3.1
Staff Report #: 23-144-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov allows the City flexibility in assigning urgent/emergency projects and makes it more likely that a contractor will be available. The budget for these contracts is set via the annual budget process. These contracts were awarded with a three-year term and two one-year options.

Analysis
As directed by City Council Feb. 14, staff is implementing the Middle Avenue complete streets project in stages. The first stage is a pilot of the bike lanes, with the design and implementation of traffic calming measures to follow. Staff plan to install the pilot in summer 2023. From El Camino Real to University Drive, Stanford University will install the bike lanes to comply with conditions of approval for the Middle Plaza development. Staff propose to install the remaining portion of the pilot using the City’s on-call signage and striping contractors.

The week of June 19, staff placed signs on each block notifying residents and other users of Middle Avenue about the impending parking removal. Staff also hand delivered post cards to residents of Middle Avenue and placed post cards on vehicles parked on the street. In addition, staff coordinated with Peninsula Volunteers, Inc. (operator of Little House and Rosener House) and the New Community Church to provide notifications.

This action would amend the contract for Chrisp Company to add $25,000 from the Middle Avenue complete streets capital improvement program (CIP) project to implement the pilot between University Drive and Olive Street (Attachment A). Stanford University will implement the portion of the pilot between El Camino Real and University Drive. The contract amendment includes the annual contract term extension provided in the original City Council authorization April 7, 2021, the annual budget amount ($150,000) for the signing and striping program, and the additional budget to implement the bike lane pilot ($25,000) for a total of $175,000. The CIP project includes funding from a grant received from the San Mateo County Transportation Authority (SMCTA) to support design and implementation of the project.

Impact on City Resources
No additional resources are required for the pilot installation, which is included as part of the Middle Avenue complete streets capital project. The SMCTA grant included installation of the bike lane pilot and the City Council previously allocated matching funds from Transportation Impact Fees. The total cost to install the bike lane pilot between University Drive and Olive Street is anticipated to be $25,000, including contingency.

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. On Feb. 14, the City Council made a finding that the Middle Avenue complete streets project is statutorily exempt and staff posted a notice of exemption, as required by law.

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

Page H-3.2
Staff Report #: 23-144-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Attachments
A. Contract amendment
B. Hyperlink – Feb. 14 staff report – menlopark.gov/files/sharedassets/public/agendas-and-minutes/citycouncil/2023-meetings/agendas/20230214-city-council-regular-agenda-packet.pdf#page=172 Report prepared by:

Hugh Louch, Assistant Public Works Director – Transportation Report reviewed by:

Nicole Nagaya, Deputy City Manager
Page H-3.3
CC Rev 20230505

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

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND CHRISP COMPANY
THIS SECOND AMENDMENT is made and entered into this __________________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as “CITY,” and CHRISP COMPANY hereinafter referred to as “FIRST PARTY.”

1. Pursuant to Section 6. AGREEMENT TERM of Agreement No. 3226, (“Agreement”), Section enter

6. AGREEMENT TERM [amendment to section] to read as follows:
“This Contract is effective on the Execution Date set forth in the initial paragraph of this Contract and shall remain in effect until June 30, 2024, unless extended or earlier terminated pursuant to the terms of this Contract.”

2. Pursuant to Section 8. COMPENSATION of Agreement No. 3226, (“Agreement”), Section enter 8.

AGREEMENT COMPENSATION [amendment to section] to read as follows:

The City agrees to compensate Contractor for its satisfactory completion of the Work in compliance with the Contract Documents for the not to exceed amount of One-Hundred Seventy-Five thousand ($175,000) (“Contract Sum”). Payment shall be as set forth in the Plans, Special Provisions and/or Technical Specifications. The Contract Sum may only be adjusted by Change Orders issued, executed and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents. The Contract Sum shall be adjusted (upward or downward) only to account for Change Orders. The Contract Sum is and shall be full compensation for all Work performed by Contractor. The Contract Sum shall cover all losses arising out of the nature of the Work or from the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by the City, all risks connected with the Work and any and all expenses incurred due to the suspension or discontinuance of the Work.

Except as modified by this Amendment, all other terms and conditions of Agreement No. 3226 remain the same.

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

SIGNATURE PAGE TO FOLLOW
Page H-3.4 ATTACHMENT A
2 CC Rev 20230505
FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page H-3.5
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 6/27/2023
Staff Report Number: 23-145-CC
Consent Calendar: Authorize the city manager to enter into a five-year maintenance agreement with ADVNC Air
Technologies for the preventative maintenance and
repair services for heating, ventilation, and air
conditioning systems within city buildings
Recommendation
Staff recommends that the City Council:

1. Authorize the city manager to enter into a five-year agreement with ADVNC Air Technologies for the preventative maintenance and repair services for heating, ventilation and air conditioning systems (HVAC) within city buildings;

2. Authorize an annual renewal option for up to three additional years; and

3. Authorize staff to spend annually up to the annual budgeted amount and allow for 10% contingency (held by the city).

Policy Issues
The fiscal year 2022-23 award authority and bid requirements outline that the goods, general services, and professional service contracts in excess of the city manager’s threshold of $86,000 requires approval from the City Council (Policy #CC-21-024).

Background
In an effort to maintain cost-effectiveness and provide adequate servicing of city buildings, a contractor has performed HVAC preventative maintenance and repair services since the early 2000s. Staff publishes a request for proposal online outlining the city’s scope of work, submittal requirements, selection process and a pricing schedule. The selected contractor must provide a comprehensive HVAC maintenance and repair program for 13 city buildings. The city currently does not have all-electric HVAC equipment, but plans to replace equipment with electric alternatives at the end of their useful life as part of the City’s Climate Action Plan goal to eliminate the use of fossil fuels from city operations. In addition, the Menlo Park Community Center will be an all-electric building. The transition from gas-powered HVAC equipment to all-electric is not anticipated to change the agreement cost which covers services for the preventative maintenance, replacement and repair work.

Qualified contractors must have the ability and sufficient resources to provide repairs and service of all HVAC equipment preventive maintenance, respond to emergencies within two hours, finish repairs in a timely manner, troubleshoot and repair energy management systems (EMS), and provide engineering and related services when needed. Heat pumps, boilers, chillers, and circulation pumps are a few examples of HVAC equipment and maintaining them is important to provide quality air for members of the public seeking city services and for city employees.

AGENDA ITEM H-4 Page H-4.1
Staff Report #: 23-145-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Some examples of the scope of work are the following:
• Conduct repair or replace failed or worn moving parts (such as bearings and motor rotors); • Provide labor and material to perform maintenance, service and repair of all HVAC equipment; • Provide 24-hour emergency services as needed;
• Change air filters to maintain indoor air quality;
• Clean air cooled condenser coils to improve airflow and heat transfer; • Clean air handling unit evaporator coils to improve air circulation system; • Conduct routine inspections to check equipment performance; and • Perform water treatment service in the boiler systems.

On June 16, 2015, the City Council approved a five-year contract with authorization to extend the contract term for up to three one-year renewal options with Mechanical Technologies Corporation (now known as ADVNC Air Technologies) for preventative maintenance and repair services for HVAC systems within the city buildings. Because the contract with ADVNC Air Technologies expires at the end of the fiscal year, staff solicited proposals for a new HVAC maintenance agreement to provide services at a fixed yearly rate for the next five years with the option to renew the agreement for up to three one-year renewal options.

Analysis
On May 15, city staff posted a request for proposals online. On May 22 and 23, city staff hosted two mandatory pre-proposal meetings (potential submitters must attend one of them). On June 5, city staff received five proposals and selected the most qualified contractor based on the following criteria:
• Ability to perform the specific tasks;
• Qualifications of the specific individuals who will work on the project; • Specific method or techniques to be used;
• Reasonableness of the schedule to complete each task element; and • Overall cost of the proposal.

Table 1 summarizes the submitters’ overall proposal costs, which is one of the criterion used to select the contractor.

Table 1: Submitters’ overall proposal costs
Contractor Total estimated cost
One Day Installation & Repairs, Inc. $139,980.00
Environmental Systems, Inc. $289,008.00
ADVNC Air Technologies $505,584.00
Prime Mechanical Service, Inc. $878,578.00
Cool Tech Mechanical, Inc. Proposal incomplete
One Day Installation & Repairs, Inc. quoted the lowest price of approximately $140,000. After reviewing its submittal, the company specializes in general contracting and repair/construction services and lacks experience in developing and implementing a preventative maintenance program for large commercial equipment. The proposal also lists two subcontractors to perform the majority of the preventative scope of work. Lastly, the company lists repair projects but no preventative maintenance programs, as part of their Page H-4.2
Staff Report #: 23-145-CC

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

Environmental Systems, Inc. (ESI) offers the second lowest base price with no subcontractors and was invited for an interview. According to the company’s website, it designs, engineers and installs HVAC systems. For instance, the contractor would assess the current conditions of the HVAC equipment and provide recommendations for replacements and designs. Because the city completed facility condition assessment reports in 2022 that also performed recommendations for replacement equipment, staff does not recommend selecting ESI. Their stated qualifications and experience did not demonstrate as much experience with preventative maintenance programs. Furthermore, the total estimated cost of ESI’s submittal does not include service calls for preventative maintenance and repairs. Therefore, the total cost would be higher than $289,008.

ADVNC Air Technologies is the city’s current HVAC contractor and was invited for an interview. The company is familiar with the city buildings and has experience maintaining the equipment. It does not hire subcontractors as the work is done in-house. The company is open to feedback and recognizes a few areas to improve. The reference list displays a wide variety of customers ranging from local government agencies to commercial companies. ADVNC Air also has experience with specific equipment brands, such as Allerton and SMARDT chillers.

Prime Mechanical Services quoted the highest price with multiple years of experience in maintaining and repairing HVAC equipment. While the company has many state certifications, the estimated cost is extremely high to perform the city’s required scope of work.

Cool Tech Mechanical, Inc. did not meet the submittal requirements; therefore, the proposal is incomplete.

As a result, city staff is seeking authority to enter into a five-year agreement with ADVNC Air Technologies for approximately $505,600. The agreement term would be for five years from July 1 to June 30, 2028. Staff is also recommending authorizing the city manager the option to extend the agreement for up to three oneyear renewal options.

Impact on City Resources
Staff recommends that the City Council authorize an approximately $505,600 maintenance agreement to ADVNC Air Technologies. Table 2 outlines the company’s pricing schedule for the initial five-year term.

Pricing for Years 6, 7, and 8 will be quoted at the time of the optional annual renewal. The amount of approximately $99,000 for fiscal year 2023-24 is included in the building maintenance operating budget (proposed), which is funded by the general fund. The cost increase in Year 2 is related to the opening of the Menlo Park Community Campus in early 2024 and the equipment preventative maintenance services beginning shortly thereafter. For reference, the current annual cost for fiscal year 2022-23 is approximately $125,500.

Page H-4.3
Staff Report #: 23-145-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 2: ADVNC Air Technologies pricing summary
Date Cost per year
Year 1: July 1, 2023 – June 30, 2024 $89,988.00
Year 2: July 1, 2024 – June 30, 2025 $100,083.00
Year 3: July 1, 2025 – June 30, 2026 $102,585.00
Year 4: July 1, 2026 – June 30, 2027 $105,150.00
Year 5: July 1, 2027 – June 30, 2028 $107,778.00
Total $505,584.00
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. Maintenance agreement
Report prepared by:

Joanna Chen, Management Analyst II
Reviewed by:

Julio Martell, Public Works Supervisor – Facilities
Page H-4.4
1 CC Rev 20210301

MAINTENANCE 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 ADVNC AIR TECHNOLOGIES
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 ADVNC AIR TECHNOLOGIES, 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: Preventative maintenance and repair services for heating, ventilation, and air conditioning systems within city buildings WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

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

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

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

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

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

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

Page H-4.5 ATTACHMENT A
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $505,584 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-4.6
3 CC Rev 20210301

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

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

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

Nicole H. Nagaya
Public Works
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6740
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Charles Lynn
ADVNC Air Technologies
385 Reed Street
Santa Clara, CA 95050
408-380-8540
[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-4.7
4 CC Rev 20210301

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

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

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

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

2. Liability insurance:

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

3. Professional liability insurance:

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

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

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

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

Page H-4.8
5 CC Rev 20210301

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

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

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

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

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

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

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

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

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

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

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

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

Page H-4.9
6 CC Rev 20210301

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

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

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

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

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

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

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

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

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of July 1, 2023 through June 30, 2028 with option to extend three additional years unless extended, amended, or terminated in writing by CITY.

Page H-4.10
7 CC Rev 20210301

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

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

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

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

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

FOR FIRST PARTY:

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

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

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

Judi A. Herren, City Clerk Date
Page H-4.11
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Public Works Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide consultant services set forth in Exhibit A -1, attached hereto.

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 shall pay FIRST PARTY an all-inclusive fee of $505,584 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.

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.

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.

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.

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 Department Head.

Page H-4.12
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

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

Page H-4.13
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

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

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

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

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

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

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

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

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

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

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

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

Page H-4.14
www.advncair.com
Charles Lynn | 408.761.9420 C | 408.874.0700 O | 408.784.0701 F | 385 Reed St. | Santa Clara | CA | CSLB 1038849 Monday, June 05, 2023
Julio Martell
City of Menlo Park
701 Laurel Street
Menlo Park, CA 94025
RE: RFP-Multi-year preventative maintenance contract for heating, ventilation, and air conditioning (HVAC) equipment for city buildings (2023-05152023)
Dear Julio,
ADVNC Air is pleased to present you with our proposal with the hope to continue building our longstanding relationship with the city. We based our proposal off the provided attachment B specifications titled: HVAC Preventive Maintenance Schedule, as well as the last 8 years of providing service to the city’s HVAC systems. Our proposal is designed as a “Guaranteed Maintenance” and includes all listed services within Request for Proposal (RFP). I believe we have an understanding of the services requested and to be provided.

ADVNC Air will be responsible for providing both labor and material to perform preventive maintenance, service, and repair of all HVAC Equipment including filters, belts, annual testing and reporting as required, water treatment, grease, refrigerant, oil, paint, and mechanical, electrical, miscellaneous parts, and material needed to maintain the equipment and to service, repair, and maintain are included in our proposal. Quarterly MERV 13 filter changes are included with monthly filter changes for the Arrillaga Family Recreation Center and Arrillaga Family Gymnastics Center are included in our proposal.

ADVNC AIR will provide 24-hour emergency service. Response time to all calls will be within ½ an hour and will respond with technician on-site within 2 hours.

I hope this provides some clarity on our proposal and shows our understanding of the requested scope of work by the city. Please find the attached information providing more information regarding our references provided. If I can provide any additional information or answer any questions, please do not hesitate to contact me anytime.

Best,
Charles Lynn
ADVNC Air Technologies
385 Reed Street
Santa Clara, CA 95050
Exhibit A-1 Page H-4.15
1 Presented to:

City of Menlo Park
Public Work Department
Maintenance Division
By:

Charles Lynn
ADVNC Air Technologies
385 Reed Street
Santa Clara, CA 95050
(408) 761-9420 C
(408) 874-0701 F
DIR Registration: 1000061862
CSLB # 1038849 Class: C-20

RELIABILITY CENTERED

MAINTENANCE PROPOSAL
Exhibit A-1 Page H-4.16
2 WES
Section I
Section II
Section III
Section IV
Section V
Section VII
Executive Summary Page 3
Scope of Services Page 5
Project Understanding
Theoretical Approach
Project Management Procedures Page 7
Mechanical Asset Management
Reliability Centered Maintenance Tasking
Performance Measures Page 9
Project Staffing Page 12
Resumes
Maintenance Procedures Page 15
Sample Maintenance Schedule

TABLE OF CONTENTS
Exhibit A-1 Page H-4.17
3 Control of Mechanical Equipment
Operations
Provide Managerial and Technical
Support
ADVNC Air is committed to providing a comprehensive maintenance program for HVAC, which ensures reliability, cost effectiveness and customer satisfaction. As a service partner with City of Menlo Park, we see our role not only as a mechanical asset manager, but also as a consultant. It is ADVNC Air job to protect the mechanical capital investments made by City of Menlo Park in its facilities. Our proposal is based on four basic principles:
• Control Mechanical Equipment Operations
• Provide Managerial and Technical Support
• Provide Customer Service
• Control Maintenance and Operational Costs
We will control mechanical equipment operations through a comprehensive maintenance program developed from ADVNC Air’s experience, City of Menlo Park site specific requirements and equipment manufacturers’ recommendations. Services will include:
• Preventative, Predictive and Corrective Maintenance
• Computerized Maintenance Management
• Systems covered include:
− HVAC
− Automatic Controls
− Water Systems
• Provide 24-hour, seven-day coverage on all systems
• Mechanical Asset Management:
− Provide Design Review (if required)
− Project Support
Managerial and technical support will be provided through extensive and detailed job recruitment, ongoing training and continuous motivation by rewarding employees for ideas/implementation of system enhancements or operating improvements. ADVNC Air personnel selected to work at your facility were considered because of their educational background, industry experience and management skills. The technicians assigned to City of Menlo Park are supported by a local ADVNC Air office that has the resources to assure prompt and accurate information to effectively manage City of Menlo Park assets.

EXECUTIVE SUMMARY
Four Basic Principles
Exhibit A-1 Page H-4.18
4 Provide Customer Service ADVNC AIR will provide the best customer service to City of Menlo Park through the implementation of our program that assures feedback with operational checks and balances. We will continuously measure our performance against six Key Process Indicators (KPIs). The KPIs are as follows:

1. Adhere to ADVNC AIR’s Corporate Safety Standards of which will include on-going safety training and site inspections.

2. Assure that all critical process systems remain in operation with minimal unscheduled down time.

3. Respond to emergency service and or customer requests within a specified time frame assuring customer satisfaction, and most importantly, individual safety.

4. Assign lead and backup technicians to assure site familiarity and personnel consistency.

5. Provide timely and accurate maintenance service. Maintenance will be completed and work orders will be closed within 5 days of the scheduled PM.

6. Analyze and repair equipment malfunctions correctly the first time.

The KPI will be measured in repeat call backs.

ADVNC AIR’s maintenance and service program has been developed based on the partnership between ADVNC AIR and City of Menlo Park.

We believe our experience and commitment to productivity and continuous improvement can benefit City of Menlo Park. Some examples are as follows:
• Extensive knowledge of equipment and systems
• High level of flexibility and responsiveness enables ADVNC AIR to adjust to changes in work load for emergencies and building acquisitions
Why Choose ADVNC AIR?
Exhibit A-1 Page H-4.19
5 SCOPE OF SERVICES
• ADVNC AIR will provide all necessary labor, material, hand tools, equipment and supervision necessary to provide
preventative maintenance to City of Menlo Park heating, ventilation and air conditioning (HVAC) equipment per this agreement. Services provided will include:
• Quarterly maintenance and operation of all Mechanical Equipment Systems
• Quarterly Maintenance and operation of your Rooftop package equipment
• Quarterly Maintenance of your Rooftop exhaust systems • Provide 24 hour a day, seven days a week emergency service coverage. Identified repair, replacement, and/or service requirements will be quoted and submitted for approval prior to commencing any work.
• ADVNC AIR’s Reliability Centered Maintenance Program is based on a philosophy that employs preventative, predictive and proactive maintenance considerations. Together, these decisions are made to increase the probability that equipment will function properly over an extended life cycle with minimal repairs. We begin our analysis of facility systems based on the following questions:
• What does the system or equipment do?
• What functional failures are likely to occur?
• What are the likely consequences of these functional failures? • What can be done to prevent the functional failures?
• ADVNC AIR uses the decision logic tree on the next page to determine which type of maintenance procedure will be performed for each piece of equipment.

SCOPE OF SERVICES
Project Understanding
Theoretical Approach
Exhibit A-1 Page H-4.20
6 Decision Logic Tree
Exhibit A-1 Page H-4.21
7 PROJECT MANAGEMENT PROCEDURES
Energy Management
Preventative Maintenance
Electronic Management Software
ADVNC AIR will provide detailed judicious cost accounting management of all mechanical assets. These services will include budgeting, energy consumption and life cycle cost analysis. All systems and costing will be compared to accepted industry standards and/or City of Menlo Park historical data.

ADVNC AIR will provide trained mechanics and personnel to operate and use all programs currently used by City of Menlo Park for the control and operation of its building systems.

ADVNC AIR will use a maintenance software package to develop track and generate reports for equipment maintenance and scheduling. The primary uses of this software which are instrumental in tracking critical preventative maintenance areas are listed below.

Work Orders. Routine work orders are generally used to handle breakdowns and trouble calls received by telephone or in-house mail. The person reviewing telephone and written work order requests, enters the information directly into the computer.

Written work order requests may originate from facility personnel or from maintenance employees who perform breakdown repairs when the computer is not available.

Maintenance Records. These records provide for establishing and maintain department records of the physical items in the facility.

The maintenance records have two primary functions: 1) trigger PM work orders, and 2) provide a history of scheduled PM and non-scheduled routine, special or project completed work. The records contain five types of information: identification; additional descriptive information; PM task schedule and details; PM work done; and non-scheduled (breakdown) work done.

PROJECT MANAGEMENT PROCEDURES
Mechanical Asset
Management Services
Exhibit A-1 Page H-4.22
8 Preventative Maintenance Tasks
Documentation Method
Scheduled Reliability Centered Maintenance (PM). Scheduled PM work orders are generated to satisfy PM tasks specified in the maintenance records. Unlike routine work orders which are entered individually as needed, the computer will generate PM work orders each week. The PM work orders are generated according to the schedules set-up in the maintenance records.

Information performed, identification and location of the item on which work is to be performed, the task is to be performed, supplied needed to perform the task, and work order assignment.

ADVNC AIR will perform preventative maintenance tasks on the equipment listed in the RFP.

ADVNC AIR will provide City of Menlo Park with quarterly reports per building that will be generated from our in-house dispatch software program. These reports will summarize ADVNC AIR’s performance and provide critical equipment history. The reports will include the following:
• Total number of calls per building
• Response time to all service requests
• Causes of down time (Operator error, end of lifecycle, etc.) Exhibit A-1 Page H-4.23
9 PERFORMANCE MEASURES
Safety
Unscheduled Down Time
It is the policy of ADVNC AIR to provide consistently high-quality services commensurate with client requirements. Effective Quality Assurance is essential to maintaining this policy. The performance of quality services is the responsibility of each individual within the company.

Our proposal will include five areas in which ADVNC AIR is required to perform exceptionally. The detailed elements, Key Process Indicators and “Ratings” for each category are as follows: (Note: The following “Ratings” will be reviewed each quarter to reflect reasonable performance targets.)

1. Adhere to ADVNC AIR’s and (cusomer name)’s Corporate Safety Standards of which will include on-going safety
training and site inspections. The key performance indicator will be measured in lost time accidents and OSHA recordable incidents.

OSHA Recordable
0 REC Injuries = 1
1 REC with Lost Time exceeding 1 shift = 2
2 REC with Lost Time exceeding 1 shift each = 3
3 REC with Lost Time exceeding 1 shift each = 4
4 REC with Lost Time exceeding 1 shift each = 5

2. Assure that all critical process systems remain in operation with minimal unscheduled down time.

Shut downs per building hours
Rate less than 2.0% = 1
Rate less than 2.5% = 2
Rate less than 3.0% = 3
Rate less than 4.0% = 4
Rate less than 5.0% = 5

PERFORMANCE MEASURES
Key Process Indicators
Exhibit A-1 Page H-4.24
10 Response Time
Personnel Consistency

3. Respond to emergency service and or customer requests within a specified time frame assuring customer satisfaction and most importantly individual safety. Time Allotments will be based on minimum response times:

Description Time Allotment

Life Safety/
Environmental 1 Hour
Revenue Disruption 2 Hours
Executive Area service calls 2 Hours
General Office area
(Unit Down) 2 Hours
After Hours service 4 Hours
Measured in actual minutes against predetermined time
98% within time = 1
96% within time = 2
94% within time = 3
90% within time = 4
85% within time = 5

4. Assign a lead backup technician to assure site familiarity and personnel consistency. We will measure our performance on the ability to send a lead or backup technician on all service calls.

Lead or backup Technician Only
96% within Range = 1
93% within Range = 2
90% within Range = 3
85% within Range = 4
80% within Range = 5
Exhibit A-1 Page H-4.25
11 PM Schedule
Call Backs

5. Provide a superior level of maintenance service. Maintenance will be completed and work orders will be closed within 5 days of scheduled PM.

Close Work orders
98% within Range = 1
95% within Range = 2
92% within Range = 3
89% within Range = 4
85% within Range = 5

6. Diagnose and repair equipment malfunctions in general office and manufacturing areas correctly the first time. The KPI will be measured in repeat call backs.

Maximum Call Back Rate
Rate less than 5% = 1
Rate less than 7% = 2
Rate less than 10% = 3
Rate less than 12% = 4
Rate less than 15% = 5
Key Performance Indicators Weighted Averages
Safety 20%
Down Time 20%
Response Time 20%
Personnel 20%
PM Schedule 10%
Call Backs 10%
ADVNC AIR expects to maintain at minimum an average quarterly rating of three. It is our goal to consistently exceed this average level. If our level of service drops below three, we will immediately institute a written comprehensive corrective action plan.

ADVNC AIR is committed to providing exceptional service and we welcome the opportunity to be measured.

Weighted Averages
Exhibit A-1 Page H-4.26
12 PROJECT STAFFING
Project Manager
Service Manager
Regional Manager
Foreman
Technicians
There are several aspects to effectively approach the management of a Reliability Centered Maintenance Program. The first and most critical is staffing the project with competent personnel. ADVNC AIR has selected five staff members with over 75 years of combined experience who will be involved with the operations at City of Menlo Park the Project Manager, Service Manager, Foreman, Controls Engineer and Lead Technician. The key managers will direct maintenance and repair technicians as needed.

The responsibilities of the Project Manager will include attending City of Menlo Park operational meetings as required and reporting to the City of Menlo Park Facilities Manager. This manager will be the ADVNC AIR point of contact and representative for operational meetings. This person will also oversee the management of all mechanical assets and budgets.

The Service Manager will report to the project manager. His/her primary responsibility is to interface the ADVNC AIR’s preventative maintenance software program for scheduling. This person is responsible for gathering pertinent data when required on equipment history and costs. Reports will be generated and reviewed by the Project Manager and the Service Manager to assure equipment operating efficiencies and/or possible trends.

This valuable information will be used for forecasting and life cycle cost analysis.

The Regional Manager will report to the project manager. His/her primary responsibility will be to maintain and develop the relationship with the client. The regional manager will oversee the account and handle the needs of City of Menlo Park.

The Foreman will report to the project manager. His/her primary responsibility is overseeing the day-to-day operations of the project.

Duties include supervision of the emergency service calls and repairs, ordering of equipment and parts as deemed necessary, scheduling of man power, shut down coordination and project acceptance.

Additional technicians as required will be responsible for responding to the daily emergency service calls and repairs and may assist in ordering of equipment and parts. Duties for these mechanics include responding to urgent calls and actual labor involved with removals, replacements, equipment upgrades and filter/belt change outs.

PROJECT STAFFING
Exhibit A-1 Page H-4.27
13 Rigo Aranda
Lead Technician
Mr. Aranda has served as Project Foreman for a wide variety of projects at ADVNC AIR. He is one of the company’s longest employed people and has been responsible for managing both service and installation projects ranging from a single unit to installation to design/build clean room projects. He has extensive experience on large tonnage Chiller equipment and controls.

Mr. Aranda has continued his knowledge in the HVAC field by attending classes at the United Association Pipe Filter workers and Refrigeration Service Engineers Society of which he holds a Journeyman Certificate. He has completed classes related to his field that include: Indoor Air Quality, Five different Control System Manufacturers Schooling, Trane Chiller and many more equipment specific training courses.

Raul Reyes
Technician
Mr. Reyes has eight years of experience in the industry, six with ADVNC AIR. With his extensive hands-on experience, he has become a valuable asset to the company.

Recent project experience at ADVNC AIR includes HVAC troubleshooting and repair at KLA in Milpitas; HVAC and process troubleshooting and repair, as well as EMS Operation and Controls installation at Applied Materials, Santa Clara; and serving as Process Mechanic for Schlumberger Technologies in San Jose, where he was responsible for building, testing and installing specialty chillers and heat exchangers.

Mr. Reyes attended Universal Technical Institute for HVAC/Refrigeration Service and Repair.

Charles Lynn
Regional Manager
Mr. Lynn has 9+ years of experience in working on commercial projects and preventive/predictive maintenance solutions. As an account executive, he manages the customer needs, scheduling, has demonstrated proven leadership and management experience in providing direct consulting with team members and clients.

Mr. Lynn has an extensive sales, marketing, and customer service background. Bringing his talents to ADVNC AIR. He has continued his knowledge with courses in commercial construction, HVAC fields, national renewable energy and project management. Mr. Lynn holds a membership in SMACNA Association and has worked with Commercial Mechanical Service, Inc. and Comfort Systems USA. Mr. Lynn is experienced with the PG&E ACCA 180 Quality Maintenance Program and has successfully implemented the program saving his clients thousands of dollars through rebates and energy efficiency measures.

RESUMES
Exhibit A-1 Page H-4.28
14 Craig Roberts
Service Manager
Mr. Roberts has over 23 years of experience in servicing the HVAC industry. With his extensive hands-on experience, he has become a valuable asset to the company. He has been trained extensively in hazardous materials handling and life safety systems. He previously held a position as Service manager for 10 years at a locally owned HVAC service company which allowed him the opportunity to learn valuable accounting and managerial experience. He has developed a great deal of knowledge in the HVAC field, process troubleshooting and repair, as well as EMS Operation and Controls installation where he was responsible for building, testing and installing specialty chillers and heat exchangers.

Mr. Roberts has continued his knowledge in the HVAC field by taking classes at the United Association Sheet Metal workers, Refrigeration Service Engineers Society, SMACNA Association Courses, local JATC Courses, and a member of the Apprentice Training Committee. With all the qualified certifications, Mr. Roberts has also worked at many successful companies such as Cal Air Services, and Johnson Controls.

Peter D’Oliva
Project Manager/ Project Engineer
Mr. D’Oliva has over 10+ years of experience in working on major construction projects. He has demonstrated proven leadership and management experience in providing direct consulting with team members and clients. He has worked on many large-scale projects that have resulted in great outcomes and continues to thrive in his work.

Mr. D’Oliva earned his Bachelor’s Degree in Science, Industrial, and Systems Engineering at San Jose State University.

The successful projects that he has worked on include, Broadway Webster Medical Plaza; Project located in down town Oakland. Equity Office Properties; Project located in Palo Alto, EMC2 ; Project located in Santa Clara and much more.

Mr. D’Oliva also hold memberships in ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers), SME (Society of Manufacturing Engineers), AWS (American Welding Society), ASME (American Society of Mechanical Engineers), and USGBC (US Green Building Council).

Michael Donovan
Principal
Mr. Donovan has over 30+ years of experience in managing, coordinating and expediting mechanical and general construction projects. As President and owner of ADVNC AIR, he brings a wealth of knowledge and experience in completing fast track, tightly budgeted projects.

Mr. Donovan is responsible for delivering programs to ensure quality work to our customers. He has implemented a successful quality control and customer satisfaction program which includes feedback from clients on a project-byproject basis. Also, in his effort to maintain high quality service at this firm, he has implemented several standard reports and documents which are used by in-house mechanics for tracking equipment and performing regular checks.

Exhibit A-1 Page H-4.29
Sample schedule: Upon acceptance a maintenance schedule will be determined prior to commencing contracted work. 15 MAINTENANCE TASK QUARTERLY SCHEDULE
HVAC PACKAGE UNITS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHECK COIL CONDITION

CHECK CONTROL SET POINTS

CHECK SAFETIES

CHECK EXPANSION VALVES

CHECK CRANKCASE HEATER

CHECK UNIT CHARGE

CHECK EVAPORATOR TD

CHECK CONDENSATE PAN AND
DRAIN

CHECK ECONOMIZER OPERATION

CHECK BELTS

CHECK DRIVE CONDITION

CHECK FAN CONDITION

CHECK FOR PROPER FAN ROTATION

VISUAL INSPECTION OF ALIGNMENT

CHECK CONTACTOR AND POINTS

CHECK ELECTRICAL CONNECTIONS

CHECK FLAME QUALITY

CHECK ORIFICES AND NOZZLES

CHECK MOTOR OPERATION

LUBRICATE AS REQUIRED

WASH ECONOMIZER FILTERS

INSPECT POWER EXHAUST SYSTEM

MAINTENANCE TASK QUARTERLY SCHEDULE
CONDENSERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHECK COIL CONDITION

CHECK CONTROL SET POINTS

CHECK SAFETIES

CHECK EXPANSION VALVES

CHECK CRANKCASE HEATER

CHECK UNIT CHARGE

CHECK EVAPORATOR TD

CHECK CONDENSATE PAN AND
DRAIN

CHECK ECONOMIZER OPERATION

CHECK BELTS

CHECK DRIVE CONDITION

CHECK FAN CONDITION

CHECK FOR PROPER FAN ROTATION

VISUAL INSPECTION OF ALIGNMENT

CHECK CONTACTOR AND POINTS

CHECK ELECTRICAL CONNECTIONS

RELIABILITY CENTERED MAINTENANCE PROCEDURES
Exhibit A-1 Page H-4.30
Sample schedule: Upon acceptance a maintenance schedule will be determined prior to commencing contracted work. 16 MAINTENANCE TASK QUARTERLY SCHEDULE
COOLING TOWERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

INSPECT CHEMICAL LEVEL

INSPECT BASIN

CHECK CONTROL SETPOINTS

CHECK MOTOR AMPERAGE

INSPECT SUMP SCREEN

INSPECT BAFFLES

CHECK BELTS

CHECK DRIVE CONDITION

ADJUST INLET WATER VALVE

LUBRICATE AS REQUIRED

MAINTENANCE TASK QUARTERLY SCHEDULE
CHILLERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

READ & CLEAN SYSTEM GAUGES

CHECK MOTOR AIR INTAKE

CHECK STARTER/CONTACTOR

CHECK ELECTRICAL CONTACTS

SEQUENCE CONTROLS

CHECK CONTROL SETPOINTS

CHECK CRANKCASE HEATER

CHECK REFRIGERANT CHARGE

CHECK DRIVE COUPLING

SEQUENCE UNLOADERS

LUBRICATE AS REQUIRED

CHECK FOR PROPER FAN

ROTATION

VISUALLY CHECK ALIGNMENT

CHECK FAN BLADES

CHECK DRIVE CONDITIONS

CHECK FOR VIBRATION

CHECK FOR BEARING WEAR(
vibration)

CHECK COIL CONDITIONS

CHECK RAIN GUARD

TIGHTEN ELECTRICAL

CONNECTIONS

LUBRICATE AS REQUIRED

OIL SPECTROANALYSIS

MAINTENANCE TASK QUARTERLY SCHEDULE
HUMIDIFIERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHECK HUMIDIFIER OPERATION

CHECK HUMIDIFIER PANS

CLEAN PANS AS NEEDED
Exhibit A-1 Page H-4.31
Sample schedule: Upon acceptance a maintenance schedule will be determined prior to commencing contracted work. 17 MAINTENANCE TASK QUARTERLY SCHEDULE
CONTROLS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

REVIEW SYSTEM LOG BOOK

REVIEW ISSUES WITH OPERATOR
& DISCUSS PRIORITY

TEST & OPTIMIZE

COMMUNICATION

ARCHIVE LOG FILES & BACKUP

SYSTEM DATABASES

BASIC SERVER MAINTENANCE

AVAILABLE SOFTWARE PATCHES

OR DRIVERS RELEASED BY

MANUFACTURTER
REVIEW SYSTEM TRENDS:

PARAMETER CHANGES

REVIEW SYSTEM ALARMS

VISUALLY CHECK SYSTEM

OPERATION FROM GRAPHICS

PERFORM OVERRIDE REPORT

TRAINING

REVIEW SYSTEM OPERATION

CALIBERATE FIELD DEVICES AS

NECESSARY

REVIEW SYSTEM ENERGY

EFFICIENCY MODIFICATIONS

MAINTENANCE TASK QUARTERLY SCHEDULE
GAS FIRED UNIT HEATERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CLEAN DIRT ACCUMULATION

CHECK CONTROLS

CHECK BELTS

CHECK DRIVE CONDITION

CHECK FAN CONDITION

CHECK FOR PROPER FAN

ROTATION

VISUAL INSPECTION OF

ALIGNMENT

CHECK MOTOR OPERATING AMPS

CHECK FLAME QUALITY

CHECK ORIFICE AND NOZZLE

INSPECT FLUE AND/OR DRAFT

DIVERTER

INSPECT PILOT AND SAFETIES

INSPECT HEAT EXCHANGER

LUBRICATE AS REQUIRED
Exhibit A-1 Page H-4.32
Sample schedule: Upon acceptance a maintenance schedule will be determined prior to commencing contracted work. 18 MAINTENANCE TASK QUARTERLY SCHEDULE
EXHAUST FANS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHECK RAIN GUARD

CHECK BELT GUARD

CHECK FAN OR BLADE

CHECK FOR PROPER ROTATION

CHECK DRIVE CONDITION

CHECK BELT

INSPECT STARTER

CHECK ELECTRICAL CONTACTS

CHECK ELECTRICAL

CONNECTIONS

MOTOR OPERATING AMPS

LUBRICATE AS REQUIRED

MAINTENANCE TASK QUARTERLY SCHEDULE
AIR HANDLERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHECK FOR PROPER FAN

ROTATION

CHECK STARTER/CONTACTOR

CHECK ELECTRICAL CONTACTS

CHECK ELECTRICAL

CONNECTIONS

CHECK EVAPORATOR TD

CHECK COIL CONDITION

CHECK CONDENSATE PAN AND
DRAIN

LUBE DAMPERS

CHECK DAMPER OPERATION

CHECK FAN AND MOTOR

BEARINGS

MAINTENANCE TASK QUARTERLY SCHEDULE
BOILERS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

BLOW DOWN BOILER

CHECK CONTROLS

CHECK CIRCULATION PUMP

CHECK LOW WATER CUT-OFF

CHECK DRAFT BLOWER WHEELS

CHECK PILOT & BURNERS

INSPECT MAKE-UP WATER

STRAINER

CHECK PRESSURE REDUCING
VALVE

CHECK FLOAT CONTROLS

LOG TEMPERATURE IN/OUT

CHECK TEMPERATURE &

PRESSURE

INSPECT FLUE/DRAFT DIVERTER

INSPECT PILOT AND SAFETIES

CHECK WATER TREATMENT
Exhibit A-1 Page H-4.33
Sample schedule: Upon acceptance a maintenance schedule will be determined prior to commencing contracted work. 19 MAINTENANCE TASK QUARTERLY SCHEDULE
AIR COMPRESSORS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

BLOW DOWN TANK & TRAPS

CHECK TANK VALVES

LUBRICATE MOTOR BEARINGS

CHECK COMPRESSOR OIL LEVEL

CHECK DRIVE CONDITION

CLEAN & SERVICE TRAPS

CHECK BELT & SHEAVE

ALIGNMENT

CLEAN CONDENSER

CHECK AIR DRYER OPERATION
Exhibit A-1 Page H-4.34
20 REFERENCES:

City of Morgan Hill – We were contracted to provide preventive maintenance services for the city of Morgan Hill on a quarterly basis. This included mechanical checks, filter replacement among a variety of other maintenance related tasks.

SAMTRANS – ADVNC Air has provided maintenance services to a variety of SAMTRANS locations for over 7+ years. We have maintained a solid relationship based on performance and impeccable track record. Services include preventive maintenance, filter replacement, coil cleaning and as needed replacements and repairs.

City of Menlo Park – As the provider for the city over the last eight years we believe we have demonstrated not only our proficiency but also our dedication to maintaining the city’s HVAC assets. We hope to continue with this trend and in building a long-standing relationship with the city.

Cushman & Wakefield – We maintain a variety of commercial and industrial sites for this property manager with sites from Silicon Valley to the San Francisco Bay Area. We provide quarterly maintenance services and have been working with them consistently for close to a decade.

Exhibit A-1 Page H-4.35

PRICING SUMMARY
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Background
The bases of award will be the sum of the five (5) year proposal. Prices shall be good for 60 days from opening of bids.

Year 1 should include pricing for the Menlo Park Community Center and the Youth Center (Attachment A); however, for Years 2-5, Contractor should eliminate the service pricing for the Youth Center.

Pricing summary
Year Dates 12 months cost per month Cost per year
Year 1 July 1, 2023 – June 30, 2024 $ $
Year 2 July 1, 2024 – June 30, 2025 $ $
Year 3 July 1, 2025 – June 30, 2026 $ $
Year 4 July 1, 2026 – June 30, 2027 $ $
Year 5 July 1, 2027 – June 30, 2028 $ $
Five (5) year total: $
Services outside of the contract
Provide hourly rates for services outside of the contract.

Service description Hourly rates
Control system and programming services $
Engineering services $
Exhibit A-1 Page H-4.36
Police
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 6/27/2023
Staff Report Number: 23-146-CC
Consent Calendar: Waive the second reading and adopt an ordinance adding Chapter 1.15 “Administrative Citations” and
amending Chapter 8.04 “Nuisances” to add
additional “Enumerated” nuisances to subsection

8.04.010
Recommendation
Staff recommends the City Council waive the second reading and adopt an ordinance adding Chapter 1.15 “Administrative Citations” and amending Chapter 8.04 “Nuisances” to add additional “Enumerated” nuisances to subsection 8.04.010.

Policy Issues
Unabated Menlo Park Municipal Code (MPMC) violations are a drain on personnel and resources and requires resources over and above the level of enforcement services usually provided and constitute a public nuisance. The purpose of this chapter is to provide for an administrative process to aid in enforcing compliance with the applicable laws.

Local law enforcement may generally issue criminal misdemeanor citations for violations of these state or county orders. However, additional enforcement options are currently limited in the city due to the lack of express authority to issue fines by civil administrative citations. These types of citations must be authorized by way of local ordinances, as allowed through state law.

Background
The City Council waived the second reading and introduced the Administrative Citation ordinance at the June 13 City Council meeting.

The MPMC is at times violated. These violations may occur for a variety of reasons. When the City becomes aware of violations, and priorities dictate, City staff work to address the violations of laws and standards contained in the MPMC. In many cases simply contacting a responsible party can lead to voluntary compliance and the violation is abated in a reasonably timely manner. However, in other instances, the violations may remain unabated. An administrative citation ordinance will provide additional tools for city enforcement staff to gain compliance for violations. Administrative citations enable the city to impose fines and penalties on persons responsible for those violations. The proposed administrative citation process, and resulting fines, are likely to incentivize greater compliance in a more efficient fashion for all involved. Administrative citations would most typically be utilized to gain compliance for property-related violations, noise ordinance violations, and other code enforcement and nuisance abatement concerns, or force compliance with administrative orders.

Staff fully intends to continue to follow the principle of seeking voluntary compliance with the MPMC and AGENDA ITEM H-5 Page H-5.1
Staff Report #: 23-146-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov regulations. The accompanying proposed administrative citation ordinance includes a process that is geared to gain voluntary compliance, and where necessary, impose fines and penalties. As part of putting an administrative citation procedure in place, it will also be necessary to adopt a resolution to provide for the fines and penalties. A resolution is presented on tonight’s agenda for City Council consideration for adopting administrative fines, charges and interest for unpaid charges.

Analysis
Government Code § 53069.4(a)(1) authorizes cities to levy administrative fines for violations of their municipal code, and provides as follows:

The legislative body of a local agency...may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties.

Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in §25132 and subdivision (b) of §36900.

The process for the issuance of administrative citations requires that upon a Code Enforcement Officer discovering a violation they must first issue a notice of violation on the responsible person. The notice of violation is required to describe the violation and how to correct it, and provides the responsible person a reasonable amount of time to comply. That notice is to be delivered to the responsible person in a manner that is reasonably calculated to ensure it is delivered to the responsible person. If the person fails to timely respond and correct the violation, then the Code Enforcement Officer may issue an administrative citation.

When issuing the administrative citation, the responsible person is given a date for compliance, when a second citation may then be issued. In order to further compel compliance, each day a violation exists beyond any noticed date of compliance amounts to a separate violation. As such, the amount of the citation can escalate if a responsible person fails to address the violation.

The amounts of fines for violations imposed pursuant to this chapter shall be established by a City Council resolution, including escalating fine amounts for repeat violations within a 12-month period. As noted, a separate item on the City Council agenda tonight proposes a schedule of fines for that purpose. Details and analysis of the setting of the fines is discussed therein.

Government Code §53069.4 also requires the procedures for Administrative Citations to provide a reasonable time for a person to correct the violations before imposing penalties, unless related to health and safety hazards. In addition the government code requires a hardship waiver process, as well as a process for administrative review of the citations. Typically, after receiving an administrative citation, local ordinances provide that the violator has the right to appeal to a hearing officer by filing an appeal within an enumerated number of days. The proposed ordinance suggests any responsible party may request an administrative citation hearing by submitting a completed request for hearing form to the city clerk’s office along with the entire amount of the fine (or request for a hardship waiver) within 15 calendar days from the effective date of the citation. If the city clerk’s office does not receive the request with the total fine amount or a request for a hardship waiver within the required period, the responsible person shall waive the right to a hearing and the citation shall be deemed final. If the request for a hearing is timely made, after conducting the hearing, the hearing officer shall issue a written decision within 30 days of the conclusion of the hearing either upholding, reducing, conditionally reducing or canceling the fines stated in the citation or any administrative charges imposed. That decision may be reviewed as allowed by state law.

Page H-5.2
Staff Report #: 23-146-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City staff believe the proposed ordinance is drafted in a manner that is fair to all and will provide the City tools many other jurisdictions rely on in compelling compliance with laws.

Additions to enumerated nuisances
As part of the proposed amendments to the MPMC proposed, staff recommends the City Council consider adopting additional conditions amounting to public nuisances enumerated in MPMC 8.04.010. City staff could then more easily attempt to address such conditions through the administrative citation process, The conditions recommended to be added to the code here are related to maintenance of properties and providing stronger authority for enforcing compliance with the municipal code. The following conditions are recommended to be added to the end of MPMC 8.04.010, As such, as detailed in that section, “Each and every one of the following conditions, things, matters and acts is deemed a menace to the public health, safety and welfare and is declared to be a public nuisance and shall be abated as such.” Those conditions are summarized as follows:
• Accumulation of vegetation and similar matter visible from streets. • Accumulation of junk, trash or debris.
• Dilapidated and failing fences.
• Any condition which is declared to be a public nuisance by the municipal code. • Any violation of the zoning ordinance.

Including these as enumerated nuisances would assist the city in its ability to address typical maintenance issues and other violations of the MPMC.

Impact on City Resources
While it is expected that once fully implemented the availability of administrative citations will enhance the city’s code enforcement efforts and ultimately reduce costs, initially there will be a need to develop appropriate forms and procedures, which will impact staff. In addition, staff will need to be trained in conducting inspections and issuing the required notices. There will be costs related to mailing of required notices outlined in the ordinance. Those costs are expected to be relatively minor.

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. Ordinance
Report prepared by:

Dave Norris, Police Chief
Page H-5.3
Staff Report #: 23-146-CC

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

Assistant City Attorney, Eli Flushman
Page H-5.4
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK ADDING CHAPTER 1.15 (ADMINISTRATIVE CITATIONS) TO TITLE 1 (GENERAL PROVISIONS) THE MENLO PARK MUNICIPAL CODE,

REGARDING ENFORCEMENT OF VIOLATIONS BY ADMINISTRATIVE
CITATIONS, AND AMENDING SECTION 8.04.010 TO ADD ADDITIONAL ENUMERATED NUISANCE CONDITIONS TO TITLE 8 (PEACE, SAFETY AND

MORALS)
WHEREAS, Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, California Government Code sections 38771 and 38772, respectively, provide that legislative bodies of cities may declare what constitutes a nuisance and provide for the abatement of any nuisance; and
WHEREAS, the City Council finds that nuisance conditions are offensive and/or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, and/or welfare of the general public; and,
WHEREAS, it is the City Council’s desire to promote and sustain a high quality of life within the City and to protect the health, safety, and welfare of the City’s residents, business community, and guests by developing and utilizing regulations that promote the sound maintenance of property and that enhance the appearance, habitability, occupancy, use, and safety of all structures and premises in the City; and,
WHEREAS, the City Council wishes to strengthen the City’s ability to compel compliance with the City’s municipal code through issuance of administrative citations; and, NOW THEREFORE, The City Council of the City of Menlo Park does Ordain as follows:

Section 1. The above recitals are adopted and incorporated herein.

Section 2. Chapter 1.15 (Administrative Citations) is added to Title 1 (General Provisions) of the Menlo Park Municipal Code as set forth in Exhibit A, which is incorporated herein by reference.

Section 3. Chapter 8.04 (Nuisances) is amended to add the following subsections to subsection

8.04.010 of the Menlo Park Municipal Code as set forth in Exhibit B, which is incorporated herein by reference.

Section 4: Environmental Review.

This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

Page H-5.5 ATTACHMENT A
Ordinance No. XXXX

Section 5: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

Section 6: Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

Section 6: Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

INTRODUCED on the thirteenth day of June 2023.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the twenty-seventh day of June 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Page H-5.6
Ordinance No. XXXX

Chapter 1.15 – Administrative Citations

1.15.010 Title and purpose.

The City Council finds that there is a need for an alternative method of enforcement for violations of the Menlo Park Municipal Code (MPMC) and other city standards, regulations and policies to protect the public health, safety and welfare of the community. The City Council finds and declares that an appropriate method of enforcement for these violations and to encourage compliance is an administrative citation program. The City Council further finds that continued violations are a drain on personnel and resources, require resources over and above the level of enforcement services usually provided, and constitute a public nuisance. The purpose of this chapter is to provide for an administrative process to aid in enforcing compliance with the applicable laws.

1.15.020 Applicability.

A. This chapter provides for administrative citations which are in addition to all other legal remedies, including criminal, civil or other legally established procedures, which may be pursued to address violations identified in this chapter.

B. This chapter applies to the following acts or omissions:

1. All violations of the MPMC;

2. All violations of city standards, regulations and policies;

3. All violations of the uniform, technical or other codes or ordinances adopted or incorporated by reference by the city;

4. All other state laws applicable to and enforced by the City of Menlo Park;

5. Failing to comply with any order or condition issued by a commission, board, hearing officer or city staff authorized to issue orders and conditions, including but not limited to the city’s building official, code enforcement official, public works director, planning commission or City Council; and

6. Failing to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the city.

C. This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of fines and penalties imposed pursuant to Government Code Section 53069.4.

D. Use of this chapter shall be at the sole discretion of the city.

1.15.030 Definitions.

For the purposes of this chapter, the following definitions apply:
“Civil fine” is the monetary sanction established by resolution by the City Council that is imposed by the issuance of a citation.

Page H-5.7 EXHIBIT A
Ordinance No. XXXX

“Days” shall mean calendar days. In the event a specified time period ends on a weekend or city holiday, then the time period shall end on the next business day. “Director” shall mean any department head in the city, including the following: city manager, assistant city manager, police chief, community development director, public works director, administrative services director, library and community services director, and any of their designated agents or representatives.
“Enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of this chapter.
“Hearing officer” shall mean any person appointed by the city manager to preside over the hearings described in this chapter. The hearing officer can have no pecuniary interest in the outcome of the hearing, or interest in or bias regarding the case. If the appointee is a city employee, the appointee cannot work in the department that is administering the citation, nor can any decision of the hearing officer be made subject to the employee’s performance evaluation in their regular job.
“Responsible person” shall mean the person or persons whom the director or designee determines is responsible for causing or maintaining any violation of this code or other provisions of this chapter, including but not limited to a property owner, tenant, person with legal interest in real property, or person in possession of real property and their employees and agents to whom a citation has been issued. The term “person” means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other legal entity.

1.15.35 Authority to issue administrative citation.

A. Authority to Issue Citation. Whenever an enforcement officer charged with the enforcement of this code has determined that a code violation has occurred, the enforcement officer shall have the authority to issue an administrative citation, on a form approved by the city manager, to any responsible person, imposing civil fines for the violations.

1.15.040 Notice of violation; prior written warning
A. Notice of violation; prior written warning requirement. Prior to the issuance of an Administrative Citation pursuant to this chapter, the responsible person must first be personally served or sent via first class mail a written Notice of Violation, providing a prior written warning notice, and such Notice of Violation shall include the following information:

1. Date and approximate time the violation was observed;

2. Name and address of the responsible person and address or definite description of the location where the violation occurred;

3. Section or sections of the municipal code violated and a short description of the facts that create the violation;

4. Action required to correct the violation and a reasonable period by which such action must be completed to prevent the imposition of an administrative citation.

Page H-5.8
Ordinance No. XXXX

5. The consequences of failing to correct the violation, including the amount of fines that can be imposed for each violation; that each day a violation exists can be considered a separate violation; and that unpaid fines are subject to administrative late fees and interest charges.

B. Service of notice of violation. Service of the notice of violation will be deemed complete if personally served on the responsible party or mailed to the responsible person’s address shown on the last San Mateo County equalized property tax assessment rolls or to any other address known for the responsible person. The notice shall become effective on the date of personal service or the date of first class mailing. The failure of a responsible person to receive the notice shall not invalidate any proceeding taken pursuant to this chapter if service was given in the manner set forth in this section.

C. Citations for acts committed outside of an enforcement officer’s presence. An officer may issue a citation for a violation not committed in the officer’s presence if the officer has determined through investigation that the responsible person did commit or is otherwise responsible for the violation.

D. Continuing nature of violations. Each municipal code section violated is a separate offense with an independent fine. Each day a prohibited condition, use or activity under the code exists which is a violation is a separate and distinct offense. A single citation may charge multiple violations covered by this chapter.

1.15.050 Timing of issuance of citation; contents of citation.

A. Once the period for compliance in the Notice of Violation has passed and the enforcement officer determined that there continues to be a violation, the enforcement officer may issue an administrative citation.

B. Each citation shall include all of the following information:

1. Date and, if applicable, approximate time the violation was observed;

2. Name and address of the responsible person in violation and address or definite description of the location where the violation occurred;

3. Section or sections of the municipal code violated and a short description of the facts that create the violation;

4. Action required to correct the violation and the date by which such action must be completed to prevent the imposition of the next administrative fine;

5. Amount of the fine for each violation and procedure to pay the fine;

6. Consequences of failing to correct the violation, including any late fees and interest charges that will accrue if not timely paid, and which shall constitute a civil debt;

7. A description of the administrative citation appeal process and the manner by which a hearing on a citation may be obtained (including the form to be used, where it may be procured from, and the period in which a request must be made in order to be timely); Page H-5.9
Ordinance No. XXXX

8. Description of the procedure, including the time within which to make a request for a hardship waiver of the advance fine deposit when requesting an appeal hearing; and

9. The name and signature of the officer, and the signature of the responsible person, if they are physically present and will sign the citation at the time of its issuance. The refusal of a responsible person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a person has committed a violation of the code.

1.15.060 Service of citation.

An administrative citation shall be served in one of the following methods:

A. An enforcement officer may personally serve the citation on the responsible person. The citation shall become effective on the date of personal service.

B. An enforcement officer may mail the citation by first class mail and certified mail, return receipt requested, to the responsible person. The citation shall be mailed to the responsible person’s address shown on the last San Mateo County equalized property tax assessment rolls or to any other address known for the responsible person. The citation shall become effective on the date of the first class mailing. The failure to serve any responsible person shall not invalidate any proceeding taken pursuant to this chapter.

C. An enforcement officer shall post the citation on the property where the violation occurs in a conspicuous place when the responsible person resides at an unknown address. A copy of the citation shall also be mailed by first class mail to the responsible person at the property where the violation occurs. The citation shall become effective on the date of the first class mailing.

D. Failure of a responsible person to receive a citation or notice shall not invalidate any fine, late charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section.

1.15.070 Failure to comply with final order to correct violation.

Failure of a responsible person to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any hearing officer decision that is deemed confirmed and not appealed to the superior court, shall constitute a new and separate violation and/or misdemeanor offense for each day that the violation continues and/or exists.

1.15.080 Amount of fines.

A. The amounts of fines for violations imposed pursuant to this chapter shall be established by resolution by the City Council, including escalating fine amounts for repeat violations within a 12-month period. The director of the department issuing the citation shall have the discretion to reduce the total fine amounts when there are multiple violations, keeping in mind the ultimate goal is abatement of the violations. In no case can the fines for each violation exceed the amounts established by City Council resolution, which shall be in conformance with state law.

Page H-5.10
Ordinance No. XXXX

B. An administrative late fee charge established by City Council resolution shall be owed for fines not paid within 30 days of their due date.

C. The City Council may, by resolution, also establish and impose a daily interest charge on fines that are not fully paid to the city within 45 calendar days of their issuance when they are not contested, or within 45 calendar days of their nonpayment following the decision of a hearing officer or judicial officer to uphold or confirm the fine. Interest shall not be imposed on a late charge and shall not exceed the maximum rate allowed by law. The rate of interest and the commencement of its accrual may be modified by resolution of the City Council.

1.15.090 Payment of fines.

A. The fine shall be paid to the city administrative services department within 15 calendar days from the effective date of the citation.

B. Any administrative citation and/or administrative charge paid shall be refunded if it is determined after a hearing that the person issued the administrative citation was not the responsible person or that there was no violation as identified in the administrative citation.

C. Payment of a fine shall not excuse the responsible person from correcting the violation. The issuance of a citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a violation that is not corrected, including issuing additional administrative citations, taking city abatement action, and/or filing civil and/or criminal complaints.

1.15.100 Administrative citation hearing request.

A. Any responsible person receiving an administrative citation may contest that there was a violation pursuant to this chapter or that they are the responsible person and may request an appeal hearing as follows:

1. A request for hearing form shall be obtained from the city clerk, and shall be completed and returned to the city clerk’s office along with the entire amount of the fine (or request for a hardship waiver pursuant to 1.15.100) within 15 calendar days from the effective date of the citation. If the office of the city clerk does not receive the request with the total fine amount or a request for a hardship waiver within the required period, the responsible person shall have waived the right to a hearing and the citation shall be deemed final.

2. A request for hearing shall require that the person contesting the citation provide a brief statement outlining the responsible person’s basis for contesting the citation and an address at which notice of any additional proceeding, correspondence or the decision of the hearing officer may be received.

3. Only after a completed request for hearing form has been filed with the city clerk, and the responsible person has submitted the advance fine deposit or the city has granted a hardship waiver, whichever occurs first, shall the city set the date, time and place for the hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the city clerk received the request and either the person contesting the citations has submitted the advance fine deposit or the city has granted a hardship waiver. The Page H-5.11
Ordinance No. XXXX

person contesting the citation and the city may mutually agree in writing to hold the hearing at a later date.

4. The responsible person requesting the hearing shall be notified by first class mail of the time and place set for the hearing at least 10 days prior to the date of the hearing. The notice shall be sent to the address provided on the request for hearing form filed by the responsible person. Service shall become effective on the date of first class mailing.

Failure of the responsible person requesting the hearing to receive such notice shall not affect the validity of any proceedings taken.

5. The responsible person or the city may request one continuance, but in no event may the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the hearing officer finds circumstances warrant a longer continuance not to exceed 90 days after the date of the originally scheduled hearing. However, the person contesting the citation and the city may mutually agree in writing to hold the hearing at a later date.

B. A timely request for a hearing shall not excuse a responsible person from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the code.

C. The failure of any responsible person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of their right to an administrative hearing and the citation will be deemed final.

1.15.110 Advance fine deposit hardship waiver.

Any responsible person who requests a hearing to contest an administrative citation and is financially unable to deposit the fine as required in MPMC 1.15.090 may file a request for hardship waiver as follows:

A. The request for waiver shall be made on a form obtained from the city clerk and shall be submitted to the city clerk along with all supporting documentation within 15 days of the effective date of the citation.

B. The requirement of depositing the full amount of the fine as required by MPMC 1.15.090 shall be stayed unless or until the city makes a determination not to issue the hardship waiver.

C. To be considered for a hardship waiver, the application must be complete and signed and must be accompanied by documents that enable the city manager or designee to reasonably determine the responsible person’s financial inability to pay the full amount of the fines in advance of the hearing. The owner may be granted a reasonable extension to supply supporting documentation by the city manager or designee. Documents suitable for consideration may include, without limitation, accurate, complete and legible copies of state and federal income tax returns, and all schedules for the preceding tax year, financial statements, loan applications, bank account records, income and expense records for the 12 months preceding submittal of the waiver form, as well as other documentation demonstrating the responsible person’s financial hardship. The city may, at a time chosen in its sole discretion and after a citation is final or confirmed, destroy or discard the documents submitted for a hardship waiver without prior notice to the responsible person.

Page H-5.12
Ordinance No. XXXX

D. The city manager or designee shall issue a written decision specifying the reasons for granting or denying the hardship waiver. The written determination of the city manager or designee shall be final and shall be served by first class mail upon the responsible person who applied for the hardship waiver. The decision regarding the request for a hardship waiver shall become effective on the date of the mailing.

E. Approval of the hardship waiver will result in the city setting a hearing pursuant to this chapter.

F. If the city manager or designee denies the request for a hardship waiver, the responsible person shall remit the advance fine deposit within 10 days of the decision to deny the hardship waiver. If the advance fine deposit is not received by the city clerk by this date, the request for hearing shall not be accepted and the responsible person shall be deemed to have waived their right to an administrative hearing and the citation shall be deemed final.

1.15.120 Administrative hearing procedures.

A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with MPMC 1.15.090 or an advance fine deposit hardship waiver has been issued in accordance with MPMC 1.15.100.

B. At least 10 days prior to the Administrative Hearing, the City shall serve evidence supporting the issuance of the Administrative Citation intended to be presented at the hearing on the responsible person at the address provided on the request for hearing form. Such information may include information to establish the notice of violation provided and that the violation existed as described in the citation.

C. At least five days prior to the Administrative Hearing, the responsible person shall provide supporting documentation intended to be presented at the hearing to the city clerk. Such supporting documentation may include evidence showing that the person is not the responsible person or that the violations did not exist as of the date of the issuance of the administrative citation.

D. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

E. Burden of proof. The city bears the burden of proof to establish a violation and who is responsible by a preponderance of the evidence. A validly issued administrative citation with supporting evidence showing that the violation existed as described in the citation shall constitute prima facie evidence of the existence of the violation.

F. The city and the responsible person contesting the administrative citation shall be given the opportunity to testify and present evidence concerning the administrative citation. The responsible person may represent themselves or be represented by any person of their choice. Either party may bring witnesses who may provide testimony, based on their personal knowledge, in regards to matters related to the existence of a violation. The hearing officer may limit such testimony, in their sole discretion, as they deem appropriate.

G. The hearing officer may continue the hearing and request additional information from the enforcement officer and/or the responsible person or to conduct an inspection of the building Page H-5.13
Ordinance No. XXXX

and/or property involved in the hearing prior to concluding the hearing and issuing a written decision.

H. If desired, an inspection of the building and/or property by the hearing officer during the hearing may occur if the responsible person consents to the inspection, is given notice of the date and time of the inspection, and both parties are permitted to be present during the inspection. If the building, structure and/or property can be inspected from areas in which the general public has access, or with permission of other persons authorized to provide access to the building and/or property, then notice to and consent of the responsible person are not required. The hearing officer shall state for the record during the hearing the material facts observed and conclusions drawn from the inspection and the responsible person and enforcement officer shall be afforded an opportunity to rebut or explain the matters so stated by the hearing officer.

I. The failure of the responsible person to appear at the administrative citation hearing shall constitute a forfeiture of the fine and shall be deemed a waiver of their right to an administrative hearing.

1.15.130 Decision of the hearing officer.

A. The hearing officer shall issue a written decision within 30 days of the conclusion of the hearing either upholding, reducing, conditionally reducing or canceling the fines stated in the citation or any administrative charges imposed. The decision shall state the reasons for that decision pursuant to MPMC 1.15.130. Pursuant to Government Code 53069.4(b), each decision shall contain a statement advising the responsible person of the right to judicial review of the decision and the court filing fee as set forth in Government Code Section 70615. The hearing officer’s decision is final.

B. If the hearing officer determines that the administrative citation should be upheld, then the advance fine deposit shall be retained by the city. If a hardship waiver was issued, the written decision shall require the fine to be paid within 30 days of the date of service of the decision. If the fine is not paid within the time specified, the fine shall be subject to the imposition of an administrative late fee charge and interest as set forth in MPMC 1.15.070.

C. If the hearing officer determines the administrative citation should be canceled and the advance fine was deposited with the city, then the city shall refund the amount of the deposited fine. If the fine is reduced by the hearing officer, the city shall make a partial refund of the advance fine deposit. The city shall issue any refund required within 30 days.

D. The decision should indicate that the hearing officer’s decision is the final decision for the city and that the responsible party has 20 days from the effective date of the decision to file a petition for judicial appeal as set forth in MPMC 1.15.130.

E. The responsible person shall be served with a copy of the hearing officer’s written decision by first class and by certified mail, return receipt requested, to the address provided on the request for hearing form by the responsible person requesting the hearing. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a responsible person to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this chapter.

Page H-5.14
Ordinance No. XXXX

1.15.140 Recovery of fines and administrative charges.

Any unpaid civil fines, administrative charges and accrued interest shall constitute a civil debt owing to the city jointly and severally by the owner and/or responsible parties. At its discretion, the city may pursue any and all legal and equitable remedies for the recovery of all fines, administrative charges and interest owed to the city. Any property owner or responsible party who fails to pay the fines, administrative charges, or interest owed to the city may be liable in any action brought by the city for costs incurred in securing payment of the delinquent amounts to the extent allowed by law. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total of all fines, administrative charges and interest has been recovered.

1.15.150 Allocation of recovered fines and administrative charges.

Fines and administrative charges collected pursuant to this chapter shall be deposited in the city’s general fund to offset city enforcement costs.

Page H-5.15
Ordinance No. XXXX

To be added to the end of 8.04.010 Enumerated:
(23) The exterior accumulation of vegetation, weeds, dirt, litter, rubbish or debris on the property which is visible from a public street, sidewalk, alleyway, right-of-way or neighboring property.

This includes, but is not limited to:

1. Neglected or improperly maintained landscaping, dead, debris-laden, weed-infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water or any other vegetation;

2. Vegetation likely to harbor rats, vermin and other nuisances or causing detriment to neighboring properties, or out of conformity with neighboring community standards to such an extent as to result in appreciable diminution of property values;

3. Vegetation growing on the roof or compromising the integrity of any structure, except for rooftop gardens designed and constructed to withstand structural load;

4. The removal or failure to maintain in good condition any landscaping required as a condition of any permit or development approval or included in the project plans or application without city approval. “Good condition” means that plant material is alive, irrigated, and otherwise cared for to ensure survival.

The provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought year, as determined by the city. For purposes of this subsection, a lawn area shall be deemed overgrown if 50% or more of its area exceeds 4 inches in height (not including decorative grasses).
(24) The accumulation or storage of junk, trash or debris, including but not limited to tires, broken, abandoned or discarded furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, goods and furnishings, shopping carts, packing boxes, lumber, salvage materials or other materials, accumulations of grease, oil or petroleumbased products of any kind, animal feces, or other debris and litter, which constitutes a fire hazard or safety hazard and/or is stored or accumulated in such a manner as to constitute visual blight which is visible from the public street, sidewalk or right-of-way, alley or adjoining property. This includes the dumping, spillage or storage of solids or liquids which may negatively impact the visual or olfactory nature of the area. (25) Any fence which is in a condition of dilapidation or disrepair, including, but not limited to, fences with broken slats and sharp edges, or which severely lean or list more than 15 degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot or other damage.
(26) The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in this code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether the building is occupied.
(27) Any violation of the Menlo Park zoning ordinance or any state or county law violation Page H-5.16 EXHIBIT B
Ordinance No. XXXX

enforced by the city.

Page H-5.17
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:

Consent Calendar:
6/27/2023
23-151-CC
Adopt a resolution amending City Council Policy
CC-23-004 Commissions/Committees Policies and
Procedures, Roles and Responsibilities
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) amending City Council Policy CC-23-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities (CC-23-004).

Policy Issues
City Council approval is required to update and amend CC-23-004.

Background
On Feb. 14 the City Council approved the Environmental Quality Commission (EQC) annual work plan.

Subsequently, on March 28, the City Council directed staff to amend CC-23-004 with the EQC’s updated roles and responsibilities.

Also Feb. 14, the City Council directed staff to update the member composition of the Finance and Audit Committee (FAC) by retaining the FAC membership at seven members, but removing the two City Councilmembers as voting members; creating a FAC composition of seven residents and appointment of one City Councilmember liaison (not a voting member). City Councilmember Doerr was selected as the City Council liaison for the FAC Feb. 28.

Analysis
Staff is proposing the following edits to CC-23-004 (Exhibit A to the resolution). • Update the EQC’s roles and responsibilities.
• Justification: direction received Mar. 28.
• Updating Finance and Audit Committee to Finance and Audit Commission. • Justification: the FAC is now a seven-member body comprised of residents with one City Councilmember liaison.
• Updating FAC term lengths from two to four years.
• Justification:
• The FAC term lengths were initially established at two years to accommodate City Council voting member appointments.
• The remaining six advisory body terms are four years. • To take effect during 2025 annual recruitment.

AGENDA ITEM H-6 Page H-6.1
Staff Report #: 23-151-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Impact on City Resources
There is no impact on City resources associated with these updates.

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

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

Attachments
A. Resolution
Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk Page H-6.2
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK APPROVING AN AMENDMENT TO CITY COUNCIL POLICY CC-23-004

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND

RESPONSIBILITIES
WHEREAS, the current Environmental Quality Commission Roles and Responsibilities are:

The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability; and WHEREAS, the current Environmental Quality Commission specific focus areas include:
• Preserving heritage trees
• Using best practices to maintain city trees
• Preserving and expanding the urban canopy
• Making determinations on appeals of heritage tree removal permits • Administering annual Environmental Quality Awards program • Organizing annual Arbor Day Event; typically, a tree planting event • Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation; and WHEREAS, currently the Finance and Audit is a committee with two year terms; and WHEREAS, the City Council approves the amendment to the Environmental Quality Commission Roles and Responsibilities and specific focus areas with:

The Environmental Quality Commission is committed to helping the City of Menlo Park to be a leading sustainable city that inspires institutions and individuals and that is well positioned to manage present and future environmental impacts, including the grave threat of climate change.

The Environmental Quality Commission is charged primarily with advising the City Council on matters involving climate change, environmental protection, and sustainability. Specific focus areas include:
• Climate Action Plan – Advise and recommend on the implementation of the climate action plan and;
• Climate Resilience and Adaptation – Ensure that our most vulnerable communities have a voice in policies and programs to protect their communities from environmental impacts; and • Urban Canopy – Leverage best practices to advise/recommend on the preservation of heritage trees, city trees and expansion of the urban canopy, and make determinations on appeals of heritage tree removal permits; and
• Green and Sustainable Initiatives – Support sustainability initiatives, as needs arise, which may include city events, habitat protection, healthy ecology, environmental health protection, healthy air, surface water runoff quality, water conservation and waste reduction. as set forth in Exhibit A; and
WHEREAS, the City Council approves the amendment of the Finance and Audit Committee to the Finance and Audit Commission and amending the term to four year. //
Page H-6.3 ATTACHMENT A
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-seventh of June, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Judi A. Herren, City Clerk
Exhibits:

A. City Council Policy CC-23-004 Commissions/Committees Policies and Procedures, Roles and Responsibilities
Page H-6.4

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-23-004
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

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

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

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

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

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

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
• Additional or other staff support may be provided upon a formal request to the City Council. • The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that their statements do not represent the position of the City Council. • Commission/Committee members will have mandatory training every two years regarding the Brown Act and Page H-6.5

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 2
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council. • Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

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

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

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

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

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
• Developing a rapport with the Chair and commission/committee members • Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda. • Advising the commission/committee on directions and priorities of the City Council. • Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
• Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
• Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
• Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration. • Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes) • Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Advisory Body Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page H-6.6

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 3
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

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

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

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

Meetings and officers

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

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

Page H-6.7

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 4
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX

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

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

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

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

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

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

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

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 5
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
G. Memberships
Appointments/Oaths
• The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
• All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present. • Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or their designee. • Appointments made during the middle of the term are for the unexpired portion of that term.

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

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

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

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 6
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
Compensation
• Members shall serve without compensation (unless specifically provided) for their services, provided, however, members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-19-002).

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

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

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

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

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

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

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 7
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
Roles and Responsibilities
Complete Streets Commission
The Complete Streets Commission is charged primarily with advising the City Council on realizing the City's adopted goals for complete streets, vision zero, climate action plan, and provide input on major land use and development projects as it relates to transportation. The Complete Streets Commission's responsibilities include:
• To advance the goals of the city’s newly adopted climate action plan by making alternatives to driving safer and more attractive
• Advise City Council on the implementation of the transportation master plan. • Continue to advocate for and advise the City Council on planning and installing pedestrian and bicycle rail crossing and safe cycling/pedestrian infrastructure.
• Continue to support City Council in ongoing initiatives to improve access to Downtown and support downtown businesses.
• Continue to support the implementation of the Safe Routes to School strategy and advocate for community engagement, program continuity and engineering implementation. • Continue to support City Council’s role as a stakeholder with regard to regional multi-modal and transportation demand management programs projects to increase
Environmental Quality Commission
The Environmental Quality Commission is committed to helping the City of Menlo Park to be a leading sustainable city that inspires institutions and individuals and that is well positioned to manage present and future environmental impacts, including the grave threat of climate change. The Environmental Quality Commission is charged primarily with advising the City Council on matters involving climate change, environmental protection, and sustainability.The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
• Climate Action Plan - Advise and recommend on the implementation of the climate action plan. • Climate Resilience and Adaptation - Ensure that our most vulnerable communities have a voice in policies and programs to protect their communities from environmental impacts. • Urban Canopy - Leverage best practices to advise/recommend on the preservation of heritage trees, city trees and expansion of the urban canopy; and make determinations on appeals of heritage tree removal permits. • Green and Sustainable Initiatives – Support sustainability initiatives, as needs arise, which may include city-led events, habitat protection, healthy ecology, environmental health protection, healthy air, surface water runoff quality, water conservation and waste reduction.
• Preserving heritage trees
• Using best practices to maintain city trees
• Preserving and expanding the urban canopy
• Making determinations on appeals of heritage tree removal permits • Administering annual Environmental Quality Awards program • Organizing annual Arbor Day Event; typically, a tree planting event • Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee Commission
The Finance and Audit Committee Commission is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large. Specific focus areas include:
• Review the process for periodic financial reporting to the City Council and the public, as needed • Review financial audit and annual financial report with the City’s external auditors • Review of the resolution of prior year audit findings • Review of the auditor selection process and scope, as needed Page H-6.11

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 8
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
• Community attitudes about housing (range, distribution, racial, social-economic problems) • Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City • Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
• Review and recommend to the City Council regarding the Below Market Rate (BMR) program • Initiate, review and recommend on housing policies and programs for the City • Review and recommend on housing related impacts for environmental impact reports • Review and recommend on State and regional housing issues • Review and recommend on the Housing Element of the General Plan Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
• The scope and degree of library activities
• Maintenance and protection of City libraries
• Evaluation and improvement of library service
• Acquisition of library materials
• Coordination with other library systems and long range planning • Literacy and ESL programs
Parks and Recreation Commission
The Parks and Recreation Commission is charged primarily with advising the City Council on matters related to City programs and facilities dedicated to recreation. Specific focus areas include:
• Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
• Adequacy, operation and staffing of recreation programs • Modification of existing programs and facilities to meet developing community needs • Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute. • The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
• The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council. • The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects. • The Commission works on special projects as assigned by the City Council.

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

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

Page H-6.12

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 9
Adopted January 10 June 27, 2023
Resolution No. 6803XXXX
Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
Procedure adoption 9/20/2022 Resolution No. 6776
Procedure adoption 1/10/2023 Resolution No. 6803
Procedure adoption 6/27/2023 Resolution No. XXXX
Page H-6.13
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 6/27/2023
Staff Report Number: 23-147-CC
Public Hearing: Adopt a resolution overruling protests, ordering the improvements, confirming the diagram/area of
assessment and ordering the levy and collection of
assessments for Landscaping Assessment District
for fiscal year 2023-24
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) overruling protests, ordering the improvements, confirming the diagram/area of assessment, and ordering the levy and collection of assessments. The tree assessment would increase by 3% to $91.38 per single family equivalent (SFE) per year and the sidewalk assessment would increase by 3% to $48.82 per SFE per year for the Landscaping Assessment District (District) for fiscal year 2023-24.

Policy Issues
The funds collected through the District are used for the maintenance of the city’s trees and sidewalks. If the City Council does not adopt the resolution required for the collection of the assessments, the lack of adequate funding would reduce the level of service required for the proper care and maintenance of the city’s trees and sidewalks.

Background
In 1983, the City of Menlo Park established a District for the proper care and maintenance of city street trees. In 1990, the city added an assessment for the repair and maintenance of sidewalks, curb, gutter, and parking strips in the public right-of-way that were damaged by city street trees. The street sweeping services are funded by San Mateo County Measure M and by the District. The Measure M funding, administered by the City/County Association of Governments of San Mateo County, was approved by the voters of San Mateo County in 2010. It imposes an annual fee of $10 on registered motor vehicles for congestion and water pollution mitigation programs. Each year, the city must act to continue the collection of assessments.

On May 23, the City Council adopted Resolution No. 6830 preliminarily approving the engineer’s report and Resolution No. 6831 stating its intention to order the levy and collection of assessments for the District for fiscal year 2023-24.

Analysis
The District fee partially covers three city-provided services:
• Street tree maintenance;
• Street sweeping; and
AGENDA ITEM I-1 Page I-1.1
Staff Report #: 23-147-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov • Sidewalk, curbs, gutters, parking strip repair and replacement for areas damaged by street trees.

To cover the tree maintenance program’s budget for fiscal year 2023-24, the engineer’s report proposes an assessment of $91.38 per SFE per year. This reflects a 3% increase from last year’s assessment of $88.72 (an increase of $2.66). The increase accounts for additional tree care required due to pests and disease, and higher tree pruning and street sweeping costs.

The engineer’s report also proposes a sidewalk, curb, gutter, and parking strip assessment of $48.82 per SFE per year. This reflects a 3% increase from last year’s assessment of $47.40 (an increase of $1.42).

The increase addresses the annual sidewalk replacement needs and the current backlog.

For example, for a single-family house with one street tree and a sidewalk in front of the property, the property owner would pay a District fee of $140.20. With the fee, the city provides the following services:
• Conducts a five-year routine maintenance schedule to trim the trees; • Evaluates trimming and removal requests, and plants street trees. City staff also removes fallen tree limbs and dangling branches;
• Sweeps the streets to remove tree debris; and
• Repairs or replaces the sidewalk if the city’s street tree damages it. A resident may request the sidewalk to be evaluated and placed in queue for it to be fixed (Attachment C).

The assessments are subject to an annual adjustment based on the engineering news record construction cost index for the San Francisco Bay Area. The 3% increase from last year’s assessment is less than the maximum assessment authorized rate of $128.47 per SFE for tree maintenance and $57.36 per SFE for sidewalk, curb, gutter, parking strip maintenance. Although staff does not recommend implementing the maximum rate, if City Council chose to implement it, the increase would be legally permissible without additional ballot proceedings.

On May 23, the City Council adopted Resolution No. 6831, which initiated the period in which property owners can protest the amount of their proposed assessments. Staff did not receive any protests as of the published date of the staff report. Before taking any final action, the City Council must conduct the public hearing and give direction regarding any protests received. If a majority protest has not been filed, the City Council may adopt a resolution confirming the diagram/area of assessment and assessment rates, as outlined in the engineer’s report. If the City Council confirms and approves the assessment rates by adopting the resolution, the levies would be submitted to the county controller for inclusion on the property tax roll for fiscal year 2023-24.

Impact on City Resources
Funding of the District’s tree maintenance, street sweeping, and sidewalk repair programs come from a variety of sources, including the carry-over of unspent funds from prior years, annual tax assessment revenues, Measure M and contributions from the general fund (described in the following paragraph). If the City Council does not order the levy and collection of assessments, the impact on city general fund resources would be approximately $1,148,100. This represents the total amount of the proposed tree and sidewalk assessments. Without the levy, the city-provided services to repair sidewalks, maintain street trees, and sweep streets would be eliminated or significantly reduced.

The city’s street sweeping contract services are funded by the entire $140,000 in Measure M funds ($10 vehicle registration fee) received annually and approximately $82,000 from the Tree Assessment Fund for a total of $222,000 to be funded in fiscal year 2022-23. In addition, the Assessment also funds a portion of Page I-1.2
Staff Report #: 23-147-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov city staff time related to debris removal.

Table 1: Landscape assessments for proposed fiscal year 2023-24 budget Projected beginning fund balance $833,888.00
Estimated revenues:

Landscape assessment revenue $1,148,080.86
General fund contribution $356,939.94
Measure M funds $140,000.00
Total $1,645,020.80
Estimated expenses:

Street tree maintenance $890,362.59
Debris removal (including street sweeping services) $297,022.18 Sidewalk, curb, gutter, parking strip repair/replacement $605,000.00 Administrative and County assessment fees $195,375.00
Total $1,987,759.77
Projected ending fund balance $491,149.03
It is reasonable to assume that a portion of the usage and enjoyment of the improvements is for the greater public, since the District results in preservation of the city’s tree canopy, provision of safe walking facilities, and debris removal by street sweeping. Therefore, the general fund must contribute a portion of the total cost of the program. An estimate of 25% contribution by the general fund was established by the city and assessment engineer when the assessment was created in 1998 and must occur annually. For fiscal year 2023-24, the minimum general fund contribution requirement is $356,939.94, which is 25% of the anticipated program expenses of approximately $2 million. The city contributions from the general fund and general capital fund for fiscal year 2023-24 will meet this required amount. The entire program budget for fiscal year 2023-24 is included in the engineer’s report (Attachment B). The program fund balance would be used to backfill the shortfall between assessment revenue and total costs.

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 a legal notice in The Examiner, a local newspaper, June 8 and June 15, and posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Page I-1.3
Staff Report #: 23-147-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Attachments
A. Resolution
B. Engineer’s report
C. Service request portal – menlopark.gov/Services/ACT-Menlo-Park Report prepared by:

Joanna Chen, Management Analyst II
Report reviewed by:

Nicole Nagaya, Deputy City Manger
Page I-1.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

OVERRULING PROTESTS, ORDERING THE IMPROVEMENTS, CONFIRMING

THE DIAGRAM AND ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS AND INCREASING THE TREE ASSESSMENT AND THE

SIDEWALK ASSESSMENT BY THE ENGINEERING NEWS RECORD

CONSTRUCTION COST INDEX FOR THE CITY OF MENLO PARK
LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2023-24 WHEREAS, on the fourteenth day of March, 2023, said City Council adopted Resolution No. 6818, describing improvements and directing preparation of the engineer’s report for the City of Menlo Park Landscaping Assessment District for fiscal year 2023-24, pursuant to provisions of Article
XIIID of the California Constitution and the Landscaping and Lighting Act of 1972; and WHEREAS, on the twenty-third day of May, 2023, said City Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 6830 including (1) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; and WHEREAS, said City Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said City Council pursuant to the requirements of said Act, appointed Tuesday, the twenty-seventh day of June, 2023, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, by hybrid meeting, at which time and place interested persons may participate and be heard on, and the same are hereby appointed and fixed as the time and place for a Public Hearing by this City Council on the question of the continuation and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the engineer’s estimate of the cost thereof, and when and where it will consider and finally act upon the engineer’s report; and
WHEREAS, on the twenty-seventh day of June, 2023, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, by hybrid meeting, the Public Hearing was duly and regularly held as noticed, and all persons interested and desiring to be heard were given an opportunity to speak and be heard, and all matters and things pertaining to the levy were fully heard and considered by this City Council, and all oral statements and all written protests or communications were duly considered; and
WHEREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or to the proposed assessment or diagram or to the engineer’s estimate of costs thereof, filed written protests with the City Clerk of said City at or before the conclusion of said hearing, and all persons interested Page I-1.5 ATTACHMENT A
Resolution No. XXXX