Agenda — Menlo Park City Council, August 29, 2023 (part 2 of 2)

Section 4: Environmental Review.

This Resolution 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.

Section 5: Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this resolution is severable. If any section, paragraph, sentence, clause, or phrase of this resolution 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 attest to and certify the vote adopting this Resolution.

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-ninth day of August, 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 August, 2023.

Judi A. Herren, City Clerk
Exhibits:

A. Streetary fee structure
Page H-1.55

-
Resolution No. XXXX

Page 3 of 3 ends

EXHIBIT A
Streetary fee structure
Annual renewal (begins
1st year after initial three year
permit term)
Notes
Streetary permit - parklets
(plus sidewalk cafes $1,725 $250
where applicable)
Applicants may be subject to a
surcharge for a structural review.

Renewal fees cover
administration.

Streetary permit -
sidewalk cafes $810 $250
(standalone)
Streetary use of space $4.24 per square $4.24 per square foot fee foot Total would vary based on the
actual area proposed in the
Streetary application.

Page H-1.56

MENLO PARK
AGENDA ITEM H-2
Community Development

STAFF REPORT
City Council
Meeting Date: 8/29/2023
Staff Report Number: 23-194-CC
Regular Business: Consider and adopt a resolution to close the eastbound travel lane of Santa Cruz Avenue from
Curtis Street to Doyle Street to vehicles to allow for
expanded outdoor dining opportunities, enhanced
public space, and related bicycle infrastructure
improvements
Recommendation
Staff recommends that the City Council adopt a resolution approving the long-term street closure of the eastbound direction of Santa Cruz Avenue from Curtis Street to Doyle Street to vehicles and install a new bicycle lane in the eastbound direction that would allow for the expansion of the outdoor seating associated with the existing parklets/outdoor dining along Santa Cruz Avenue and the continued communal seating area within Santa Cruz Avenue (Attachment A).

Policy Issues
The City Council recently amended the City’s General Plan Circulation Element to allow for the City Council to consider street closures within the Main Street and Local Access “Alley” street classifications. The City Council will need to consider the merits of the proposed street closure of the eastbound 600 block of Santa Cruz Avenue (i.e. Main Street). The City Council should consider the proposed street closure for consistency with General Plan Goal-LU-5 (Strengthen Downtown and El Camino Real Corridor) and more specifically Policy LU-5.1 (El Camino Real/Downtown Specific Plan). The proposed street closure and related bicycle infrastructure improvements should also be considered in relation to General Plan Goal CIRC-1 (Safe Transportation System) and more specifically Policies CIRC-1.6 (Emergency Response Routes) in relation to ensuring emergency response routes are maintained in the citywide circulation network with the proposed street closure, CIRC-1.7 (Bicycle Safety), and CIRC-1.8 (Pedestrian Safety) and Programs CIRC-1.A (Pedestrian and Bicyclist Safety), CIRC-1.E (Emergency Response Routes Map), and CIRC-1.F (Coordination with Emergency Services). Consistency with the Specific Plan should be considered in relation to the guiding principles to enhance public space and generate vibrancy, as well as the urban design framework for the Specific Plan that includes an “integrated corridor” and a “walking and connected community.”
The street closure supports the City Council’s permanent outdoor dining program (“streetary” program) introduced at its Aug. 15 meeting. The streetary program is independent of the proposed street closure; however, the street closure would allow for expanded streetary and outdoor dining opportunities. Staff believes that the proposed street closure would advance the City Council fiscal year 2023-24 priority of activating Downtown.

Background
The City Council’s actions to mitigate the economic impacts of COVID-19 on the local economy helped City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.1

Staff Report #: 23-194-CC
many businesses remain viable during the pandemic. The City Council adopted a number of urgency ordinances since the start of the COVID-19 pandemic to implement street closures and outdoor dining programs to allow for businesses to operate in a safe manner. Below is a summary of the City Council’s actions in the past three years:
• 2020 – Urgency Ordinances Nos. 1070, 1071, 1072 were adopted to allow staff to implement a temporary outdoor use permit (TOUP) program for outdoor dining and to close portions of Santa Cruz Avenue and a portion of Ryans Lane between Crane Street and Escondido Lane to vehicle travel. • 2021 – Ordinance No. 1085 was adopted by the City Council to extend the TOUP program and street closure through January 2022.
• 2022 – The City Council approved an extension of the outdoor dining pilot program and street closures to remain on a month-to-month basis, set to expire with the COVID-19 State of Emergency Order (Feb. 28).

Since the beginning of 2023, the City Council has taken the following actions related to outdoor dining and the existing street closures downtown:
• Jan. 10 staff prepared a City Council informational item to share draft design standards for a longer-term outdoor dining program (referred to as the streetary program). • Feb. 28 the City Council held a study session on a draft ordinance to amend the City of Menlo Park Municipal Code to add Chapter 13.10 (Streetaries Outdoor Dining Areas) to Title 13 (Streets, Sidewalks and Utilities) of the Municipal Code and amendments to sections 13.18.10 and 13.18.20 of Chapter

13.18 (Use of Public Right of Way) to enable the proposed streetary program, as well as draft design standards and fees associated with the program. During the study session, the City Council also expressed an interest in continuing the street closures for portions of Santa Cruz Avenue (between Curtis and Doyle Streets) in the eastbound direction and Ryans Lane at the intersection of Crane Street (specifically between Crane Street and Escondido Lane) and to allow for bicycle and pedestrian circulation while restricting vehicle access.
• Aug. 15 the City Council amended the Circulation Element of the General Plan and Specific Plan to allow the City Council to be able to consider temporary, long-term, or permanent closures of streets with the Main Street and Local Access “Alley” classification. The City Council staff report, and supporting materials are included in Attachment B.
• Aug.15 the City Council introduced an ordinance adding the “Streetaries” Outdoor Dining Areas to Title 13 of the Menlo Park Municipal Code. The staff report and ordinance are available in Attachment C.

City staff is separately evaluating the possibility of a long-term street closure of Ryans Lane at Crane Street, per the City Council’s direction at its Feb. 28 study session. Staff is coordinating with the neighboring restaurant uses on a potential street closure plan.

Analysis
Pursuant to Vehicle Code §21101(f), cities may prohibit entry to, or exit from, or both entry to and exit from, any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of the General Plan. The recently amended General Plan Circulation Element allows the City Council to consider whether to partially or fully close streets to vehicles, while potentially maintaining access for bicyclists and pedestrians within streets that are designated Main Street (i.e. Santa Cruz Avenue) and Local Access “Alley” (e.g. Ryans Lane). Figure 2 of the General Plan Circulation Element identifies street classifications city-wide (Attachment D).

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.2

Staff Report #: 23-194-CC
Santa Cruz Avenue street closure
Santa Cruz Avenue is the City’s main street and is identified appropriately as a Main Street in the City’s Circulation Element. The El Camino Real/Downtown Specific Plan aims to foster a retail and restaurant emphasis on Santa Cruz Avenue. During the COVID-19 pandemic, the City closed the eastbound portion of Santa Cruz Avenue, between Curtis Street and Doyle Streets, to allow for enhanced outdoor dining opportunities and to create a communal outdoor space for patrons of downtown.

Street design, outdoor dining, and bicyclists
The proposed street closure (Exhibit A to Attachment A) would continue to restrict eastbound vehicle travel within the 600 block of Santa Cruz Avenue, between Curtis and Doyle Streets. The continued street closure would require limited modifications to the existing conditions. As part of the proposed long-term street closure, a striped bike lane to serve eastbound bicyclists, would be incorporated adjacent to the center median, and any outdoor seating within the street would be shifted away from the median toward the existing parklets. As with the current conditions, k-rail or a similar barrier would be located at the street centerline where there is no physical median. The bike lane would be six feet wide and cyclists traveling eastbound on Santa Cruz Avenue would be able to enter the bike lane after traversing the intersection at Curtis Street, which is stop sign controlled. A new bicycle-oriented stop sign would be installed at Doyle Street, which is already stop controlled.

Restaurants with existing outdoor dining parklets (Left Bank and Bistro Vida) would be able to continue to use the former vehicle travel way between the existing parklets and the proposed bike lane for outdoor dining, with a slightly reduced footprint from the prior three years. The businesses would be required to provide appropriate barriers/planters between the outdoor seating area and the bike lane. City staff and the businesses have been discussing options. The specific barriers would be reviewed and approved by the City’s Public Works Director through streetary permit applications. The businesses would be required to maintain their streetaries per the permit requirements.

The amount of space currently used for communal open seating by downtown patrons and the weekly Bon Marché farmers’ market would be somewhat reduced to accommodate the proposed bike lane; however, the open plaza area would still provide ample space for these uses to continue. The seating area would be partially separated from the bike lane by planters and/or other appropriate barriers. The existing overhead lighting is currently proposed to be maintained.

Street closure duration
The proposed street closure would modify an existing street closure that has been in effect since 2020 as part of the City’s COVID-19 pandemic response. Since the street closure would allow for at least two restaurants to further invest in their outdoor dining streetaries and require the City to expend resources on new striping and barriers for the bike lane, as well as ongoing maintenance of the communal seating area, staff recommends that the long term street closure not include a defined end date. The City Council may direct staff at any time to bring the street closure to the City Council for discussion to determine whether to reopen the 600 block of Santa Cruz Avenue to vehicle travel.

Emergency services and response routes
Santa Cruz Avenue is identified as an emergency response route in Figure 1 of the General Plan Circulation Element (Attachment E). The figure also identifies Oak Grove Avenue as an east to west emergency response route in the downtown area. The proposed long-term street closure would extend a temporary street closure that has been in place for three years and has not resulted in impacts to the Menlo Park Police Department or Menlo Park Fire Protection District’s emergency response times. Further, Fire Station #6 is located on Oak Grove Avenue and Oak Grove Avenue provides direct access across El Camino Real as well as logical access to Valparaiso Avenue and Santa Cruz Avenue via University Drive. Regardless of City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.3

Staff Report #: 23-194-CC
the proposed street closure, Santa Cruz Avenue, between the Caltrain Station and University Drive, is a pedestrian focused street with generally slower travel speeds due to on-street parking and intense pedestrian activity. The City’s Public Works department has coordinated with the Menlo Park Fire Protection District and Menlo Park Police Department on the proposed long-term street closure.

Additional Santa Cruz Avenue bicycle improvements
Staff identified additional bicycle infrastructure improvements within Santa Cruz Avenue outside of the proposed street closure to increase connectivity and safety for bicyclists. Attachment F identifies the City’s approach to the segment of Santa Cruz Avenue between Doyle Street and El Camino Real. This includes additional Class III bicycle markings (sharrows) in both directions, consolidating the eastbound automobile lanes into a combined left turn and through lane and a right turn lane, adding a bike pocket at the intersection of Santa Cruz Avenue and El Camino Real, and adding a painted median at the intersection of Santa Cruz and Dolye Street to better define the space and reduce conflicts between different users given the significant reduction in vehicles using eastbound Santa Cruz Avenue between Doyle Street and El Camino Real. Since the street closure, only about 50 vehicles use the last block of Santa Cruz Avenue between Doyle Street and El Camino Real in the peak hour. The Main Street classification provides access to all travel modes in support of downtown. The classification priorities pedestrians and identifies vehicles and bicycles as medium priority.

The City also intends to install Class III bike route markings (sharrows) on Santa Cruz Ave between University Drive and Merrill Street in both directions, to provide a more complete bicycle network between University Drive and the Caltrain Station. West of University Drive, Santa Cruz Avenue contains Class II bike lanes. While bicycle improvements are not identified within this segment of Santa Cruz Avenue in the City’s Transportation Master Plan, the improvements support the street closure, are consistent with the Circulation Element street classification for Santa Cruz Avenue, are consistent with how bicyclists use these streets today, and would be consistent with the City Council fiscal year 2023-2024 goals of Safe Streets, and Activating Downtown.

Ryans Lane street closure
Consistent with Santa Cruz Avenue, the City Council closed Ryans Lane in 2020 to allow for outdoor dining for the neighboring restaurant (Carpaccio’s). The current outdoor dining on Ryans Lane is located near Crane Street and extends approximately halfway toward Escondido Lane. Ryans Lane is considered a Local Access “Alley” within the street classifications of the City’s General Plan Circulation Element. The street provides secondary access to a proposed restaurant (Clark’s) at 772-780 Santa Cruz Avenue that would occupy the former Ann’s Coffee Shop and Menlo Park Gift Bazaar.

Staff is evaluating a possible long-term closure of Ryans Lane to through traffic between Crane Street and Escondido Lane, with modifications to the extent of the closure and any outdoor dining permitted through the streetary program. Staff is discussing the possible street closure with the adjacent restaurant uses to outline a possible plan for a long-term street closure and streetary that balances the desire for additional outdoor dining opportunities with the access needs of adjacent businesses (e.g. deliveries, trash/recycling, and temporarily for construction to the tenants in the 772-780 Santa Cruz Avenue building).

While staff evaluates a possible street closure, the current temporary street closure and outdoor dining would need to be removed. Staff will work with Carpaccio’s to reopen the street, which would allow for construction deliveries and staging for the proposed Clark’s restaurant at 772 Santa Cruz Avenue. If feasible, staff intends to bring the street closure of Ryans Lane to the City Council in the fall.

Correspondence
Staff received one email on the proposed street closures (Attachment G).

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.4

Staff Report #: 23-194-CC
Conclusion and next steps
The proposed street closure on Santa Cruz Avenue would continue to activate the downtown with enhanced outdoor dining options. The proposed street closure would help to promote the goals and policies of the General Plan Land Use and Circulation Elements and would also promote the guiding principles and be consistent with the urban design framework of the Specific Plan by providing additional areas for outdoor dining options to generate vibrancy, enhance public space by creating areas for outdoor dining and outdoor gatherings with appropriate bicycle and pedestrian facilities, and create “distinct and connected areas” through the proposed street closures. The proposed street closure would not disrupt emergency response routes and has been coordinated with the Menlo Park Fire Protection District and Menlo Park Police Department.

Impact on City Resources
Staff and city attorney time spent on preparing the amendments to the General Plan Circulation Element and Specific Plan are not reimbursable and are being accommodated within the existing budgets of the planning division, city manager’s office, and city attorney. The work to install the proposed bike lanes and other street treatments will be drawn from the existing City operational budget for signage and striping and will be performed by one of the City’s on-call contractors.

Environmental Review
The proposed long-term street closure on Santa Cruz Avenue and related improvements are categorically exempt under the California Environmental Quality Act (CEQA) Article 19, §15301 Existing Facilities - Class I since the street closures involve minor construction on a public street. No additional vehicle miles traveled or roadway capacity will be added as a result of implementation of the long-term street closures, bicycle lanes, and related circulation changes.

Additionally, the City previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (“SEIR”) in January 2023. Additionally, the City previously prepared and certified the Program Environmental Impact Report for adoption of the El Camino Real/Downtown Specific Plan (“Program EIR”) in June 2012.

The City has prepared an Addendum to the ConnectMenlo Program EIR and subsequent EIR (SEIR) (Attachment H) and an Addendum to the El Camino Real/Downtown Specific Plan Program EIR (Attachment I) in compliance with the CEQA that examined potential environmental impacts of the amendments to the General Plan and El Camino Real/Downtown Specific Plan that enable the City Council to consider street closures within specific street classifications, and found no substantial evidence to support requiring additional environmental review, in part given that the amendments would not increase the development potential identified in the plans or lead to any activity that might cause new or increased environmental effects, as discussed in more detail in the Addenda. Additionally, notifications of the proposed General Plan and El Camino Real/Downtown Specific Plan amendments were sent to California Native American tribes of the opportunity to conduct consultations on the proposed amendments, per the State of California Senate Bill 18 requirements, and there were no requests to consult on the proposed amendments.

The proposed street closure is consistent with the recently adopted amendments to the General Plan and Specific Plan.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.5

Staff Report #: 23-194-CC
Public Notice
Public notification was also achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution closing Santa Cruz Avenue to eastbound vehicle travel between Curtis Street and Doyle Street
B. Hyperlink – Aug. 15 General Plan and Specific Plan amendments staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2023- meetings/agendas/20230815-city-council-agenda-packet-w-pres.pdf#page=195 C. Hyperlink – Aug. 15 Introduction of streetary ordinance:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2023- meetings/agendas/20230815-city-council-agenda-packet-w-pres.pdf#page=244 D. General Plan Circulation Element Excerpt – Figure 2
E. General Plan Circulation Element Excerpt – Figure 1
F. Santa Cruz Avenue bicycle improvements concept plan (Doyle Street to El Camino Real) G. Correspondence
H. Addendum to the ConnectMenlo certified program EIR and the Housing Element update certified subsequent EIR for the General Plan
I. Addendum to the El Camino Real/Downtown Specific Plan certified program EIR Report prepared by:

Kyle Perata, Planning Manager
Report reviewed by:

Hugh Louch, Assistant Public Works Director
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.6

ATTACHMENT A
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

APPROVING A STREET CLOSURE OF SANTA CRUZ AVENUE, BETWEEN

CURTIS AND DOYLE STREETS, TO EASTBOUND VEHICLE TRAFFIC TO

ALLOW FOR ENHANCED OUTDOOR COMMUNAL SPACE AND OUTDOOR

DINING OPPORTUNITIES FOR RESTAURANTS ADJACENT TO THE STREET

CLOSURE
WHEREAS, the City of Menlo Park adopted the El Camino Real/Downtown Specific Plan (“Specific Plan”) in June 2012 to guide development in the downtown and El Camino Real corridors, including parameters for circulation, public space, and parking; and WHEREAS, in 2015, the City Council approved the Santa Cruz Street Café pilot program to allow merchants to convert street parking to parklets for outdoor uses; and WHEREAS, during the COVID-19 pandemic, the City Council created the temporary outdoor use permit (TOUP) program and closed portions of Santa Cruz Avenue and Ryans Lane to facilitate expanded outdoor dining and outdoor sales for businesses impacted by the COVID-19 pandemic; and
WHEREAS, the TOUP program expired on February 28, 2023 and the City desires to create a permanent outdoor dining program; and
WHEREAS, the City Council held a study session on February 28, 2023 to discuss the proposed Streetaries Outdoor Dining (formerly TOUP) Program (“Streetaries”) and existing temporary street closures on the eastbound 600-Block of Santa Cruz Avenue (between Curtis Street and Doyle Street) and a portion of Ryans Lane (between Crane Street and Chestnut Street); and
WHEREAS, on February 28, 2023, the City Council determined that the closure of streets to vehicular traffic within certain City’s rights-of-way provides economic vitality to the City and businesses, creates community gathering spaces, contributes to the enjoyment of public spaces, and increases opportunity for more enjoyable pedestrian travel in the City; and WHEREAS, the City Council desires to change the temporary closure of the eastbound travel lane of Santa Cruz Avenue to vehicle traffic into a closure to allow for expanded outdoor dining opportunities for adjacent restaurants and continued use of the communal seating area by patrons of downtown (Exhibit A); and
WHEREAS, in conjunction with the street closure, the City intends to install a new bike lane within the street closure to allow for a travel path for cyclists, and the City intends to install striping and signage for bicyclists outside of the street closure within Santa Cruz Avenue; and WHEREAS, the California Vehicle Code section 21101(f), identifies that cities may prohibit entry to, or exit from, or both entry to and exit from, any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of the General Plan; and
WHEREAS, the City’s General Plan Circulation Element allows for the City Council to consider whether to close streets designed as “Main Street” or “Local Access (Alley)” within the City’s Page H-2.7

circulation network on a temporary, long-term, or permanent basis, provided the street closures are consistent with the goals and policies of the General Plan; and WHEREAS, the El Camino Real/Downtown Specific Plan allows the City Council to consider whether to close streets, on a temporary, long-term, or permanent basis, within the Downtown Specific Plan boundaries and to consider public space enhancements that are in line with the guiding principles and the urban design framework of the Specific Plan; and WHEREAS, the proposed street closure of Santa Cruz Avenue is consistent with the General Plan Circulation Element and El Camino Real/Downtown Specific Plan; and WHEREAS, the City, as lead agency, pursuant to the California Environmental Quality Act and the CEQA Guidelines (“CEQA”) had previously prepared and certified the Program Environmental Impact Report for adoption of the Specific Plan (“Program EIR”) in June 2012; and
WHEREAS, the City, as the lead agency, pursuant to the CEQA Guidelines previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (“SEIR”) in January 2023; and
WHEREAS, the City prepared Addenda to the ConnectMenlo EIR and to the Specific Plan Program EIR in compliance with CEQA that examined the environmental impacts of amendments to the General Plan Circulation Element and Specific Plan that were adopted by the City Council on August 15, 2023 and allow the City Council to consider temporary, longterm, and permanent street closures within the Local Access “Alley” and Main Street classifications, and found no substantial evidence to support requiring additional environmental review, in part given that the General Plan Circulation Element and Specific Plan amendments would not increase the development potential identified in the Specific Plan or lead to any activity that might cause new or increased environmental effects, as discussed in more detail in the Addendums; and
WHEREAS, the street closure of a portion of Santa Cruz Avenue is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines, as the street closures involve minor construction on a public street. No additional vehicle miles traveled or roadway capacity will be added as a result of implementation of the street closures, bicycle lanes, and related circulation changes; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public meeting held on August 29, 2023, the City Council fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents, the updated appraisal instructions, and community amenity implementing regulations, prior to taking action.

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

Section 1: Recitals. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials Page H-2.8

and evidence submitted or provided, and finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. CEQA Findings. The City Council of the City of Menlo Park does hereby make the following findings and recommendation:

1. The City Council finds that the street closure of a portion of Santa Cruz Avenue is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines, as the street closure involves minor construction on a public street. No additional vehicle miles traveled or roadway capacity will be added as a result of implementation of the street closures, bicycle lanes, and related circulation changes
Section 3. Findings. The City Council of the City of Menlo Park does hereby make the following findings regarding a street closure of Santa Cruz Avenue between Curtis Street and Doyle Street to vehicle traffic in the eastbound direction, which closure is more particularly depicted in Exhibit A:

1. The street closure of Santa Cruz Avenue to vehicles in the eastbound direction will allow for continued expanded outdoor dining opportunities for existing restaurants adjacent to the closure and will allow for continued communal seating for patrons of the downtown area.

2. The street closure is consistent with the General Plan Circulation Element.

3. The street closure is consistent with the El Camino Real/Downtown Specific Plan, including the guiding principles and the urban design framework.

4. The street closure is consistent with California Vehicle Code section 21101(f).

5. The street closure is designed to include safe bicycle access through the street closure.

6. The street closure is consistent with the City Council fiscal year 2023-2024 priority of Activating Downtown/Economic Development.

7. The street closure may be revisited at the discretion of the City Council in the future.

Section 4. Closure of Santa Cruz Avenue between Curtis Street and Doyle Street to Vehicle Traffic in the Eastbound Direction.

Pursuant to California Vehicle Code section 21101(f) and in order to implement the Circulation Element of the City’s General Plan, the City Council of the City of Menlo Park does hereby direct the City Manager to close, and prohibit entry to and exit from the eastbound lane of traffic on Santa Cruz Avenue between Curtis Street and Doyle Street, which portion of the street is more specifically depicted in Exhibit A, attached hereto.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project Revisions, shall continue in full force and effect unless amended or modified by the City. //
//
//
Page H-2.9

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 August, 2023.

Judi A. Herren, City Clerk
Exhibits
A. Santa Cruz Avenue Street closure plan
Page H-2.10
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FIGURE 1: EMERGENCY ROUTES
Page H-2.13
Santa Cruz Ave Bike Improvements:

Doyle St to El Camino Real
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SANTA CRUZ AVE JOHNSON LN

DOYLE ST

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EL CAMINO REAL
ATTACHMENT F Page H-2.14
From: Alex Beltramo
To: Stolte, Stephen W
Cc: Wolosin, Jen; Fran Dehn
Subject: a compromise on the 600 block?
Date: Friday, August 18, 2023 11:18:08 AM

ATTACHMENT G
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.

Hi, Stephen.

For the upcoming meeting about making the 600-block closure permanent, would it be possible to also present to Council a compromise approach, like this:

1. Convert the parking spaces west of the Bistro Vida streetary into a large, permanent, community parklet.

2. Open the road to cars and bikes, but add removable bollards so that it can be easily closed for events, like the weekly market.

This approach keeps a community gathering place, with the ability to expand it for events , while removing the many problems associated with diverting cars and bicycles.

Thank you,
Alex
Page H-2.15

ATTACHMENT H
Addendum to
ConnectMenlo General Plan Update
Certified Final Environmental Impact Report and Housing Element Subsequent Environmental Impact Report
Lead Agency: City of Menlo Park
Telephone: (650) 330- 6702
Contact Person: Kyle Perata, Planning Manager
Project Title: General Plan Circulation Element Amendments Project Location: City of Menlo Park, San Mateo County
ConnectMenlo General Plan Update
The City of Menlo Park (City) adopted an update to the Land Use and Circulation Elements of the General Plan in November 2016, referred to as ConnectMenlo (General Plan Update). The General Plan Update was the result of a multi-year comprehensive process with robust outreach. The General Plan Update focused land use changes in the Bayfront Area to foster a new mixed-use district that includes multi-family residential, mixed-use residential and commercial developments, office uses, and life sciences uses.

The land use changes could result in net new development potential of up to 2.3 million square feet of non-residential uses, up to 4,500 residential units, and up to 400 hotel rooms. While land use changes were focused on the Bayfront Area, the associated Circulation Element Update was comprehensively updated city-wide. The General Plan serves as the City’s comprehensive and long range guide to land use and infrastructure development in the City and includes goals, policies, and programs applicable to private and public development and improvements within the City.

ConnectMenlo General Plan Update Program Environmental Impact Report On November 29, 2016, the City Council certified the ConnectMenlo Environmental Impact Report (Program EIR). According to the Program EIR, the General Plan does not propose specific private developments, but identified a total development potential throughout the entire city of approximately 4 million square feet of net new nonresidential development, up to 5,350 additional residential units, and up to 400 hotel rooms. The Bayfront Area includes the majority of that development potential with approximately 3.66 million square feet of non-residential development, 4,500 residential units (3,000 unrestricted residential units and 1,500 corporate-style residential units), and 400 hotel rooms. The General Plan Update includes public open space, bicycle and pedestrian improvements, and other circulation improvements. On January 31, 2023 the City Council 1 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.16

adopted the City of Menlo Park 6th Cycle Housing Element (Housing Element Update).

The City Council certified a Subsequent EIR (SEIR) to the Program EIR that evaluated the increased housing development across the City to meet the City’s 6th cycle regional housing needs allocation.

Proposed Project
At its meeting on February 28, 2023 the City Council held a study session on a draft ordinance to amend the City of Menlo Park Municipal Code to add Chapter 13.30 (Streetaries Outdoor Dining Areas) to Title 13 of the Municipal Code and Amendments to Sections 13.18.10 and 13.18.20 of Chapter 13.18 (Use of Public Right of Way) to enable the proposed streetary program. The City Council also reviewed and provided feedback on draft design standards and fees associated with the proposed streetary program.

During the study session, the City Council also expressed an interest in making the temporary street closures for portions of Santa Cruz Avenue (between Curtis Street and Doyle Street) in the eastbound direction and Ryans Lane, between Crane Street and Escondido Lane, permanent. These closures currently restrict vehicle access. The conversion of the temporary street closures to permanent street closures would involve limited new construction as the temporary barriers are already in place. Additional street closures, as authorized by the proposed Circulation Element Amendments (“Amendments”), could require additional barricades, modifications to the existing outdoor dining parklets and streeteries, striping for bicycle/pedestrian movements, and additional wayfinding signage. The street closures would not involve substantial construction activities, ground disturbing activities, an increase in density (dwelling units), intensity (square footage), or building heights.

To allow for the proposed permanent closure of a portion of Santa Cruz Avenue and a portion of Ryans Lane and to allow for the City Council to more broadly consider additional street closures, Amendments to the General Plan Circulation Element attached hereto as Exhibit A and incorporated herein by this reference, are proposed. The proposed Amendments are generally as follows:
• Modify the text of the Main Street classification to allow for the City Council to consider partial or full street closures on a temporary, long term, or permanent basis.
• Add a Local Access Alley street classification to the Circulation Element that would also allow for the City Council to consider street closures of low volume local access public streets.

The City Council would consider potential street closures separately and each potential street closure would be considered for consistency with the General Plan Circulation Element Amendments.

These Amendments would allow the City Council discretion to review and determine whether to approve long-term or permanent closures of portions of Santa Cruz Avenue (in addition to the Central Plaza concept of the Specific Plan), and close public alleys (such as a portion of Ryans Lane) when it determines the alleys are not needed for 2 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.17

circulation purposes. The Planning Commission will review these Amendments to the General Plan Circulation Element and make a recommendation to the City Council, which can adopt the Amendments by resolution.

Potential Environmental Impacts
This is the first addendum to the certified Program EIR and certified SEIR prepared by the City. The Addendum evaluates whether the proposed General Plan Amendments require additional environmental review or can be considered for approval based on the certified Program EIR and certified SEIR prepared for the City’s ConnectMenlo General Plan Update and Housing Element Update.

The proposed Amendments require only minor modifications to the Circulation Element which will allow the City Council to consider modifications to the City’s circulation network (e.g. partial or full street closures) along Santa Cruz Avenue (classified as a Main Street) and Ryan’s Lane (under proposed new Local Access “Alley” classification). The Amendments would be limited to circulation and would not allow any additional development potential (e.g. gross floor area, density) than was previously analyzed by the Program EIR and SEIR since no changes to the General Plan land use standards are proposed. The circulation Amendments would be limited to Santa Cruz Avenue (Main Street) and potentially all newly classified public Local Access (Alleys). The applicable alleys are located throughout the City; however, few of the existing Local Access streets meet the proposed Local Access (Alley) designation. Additionally, the Amendments will not increase the maximum allowable development capacity of the General Plan.

Amending the General Plan to allow the City Council to consider street closures could result in minor modifications to the City’s circulation network. Santa Cruz Avenue is considered the City’s “Main Street.” However, within the downtown area parallel streets to the north and south of Santa Cruz Avenue (Oak Grove Avenue and Menlo Avenue) provide additional east-to-west connectivity through downtown, so that possible partial or full street closure of a portion of Santa Cruz Avenue, will not negatively affect the vehicle circulation network. The adjacent alternate routes can accommodate any minor increase in traffic, and no substantial increase in traffic noise or localized air pollution from intersection congestion on those roadways is expected that might affect commercial and residential uses along those streets. The alternate routes have been designed following “complete streets” policies supporting use by bicyclists, pedestrians, and vehicles. The potential limited increase in traffic would also not be expected to impact emergency responders (e.g. police and fire) response time. The potential closure of portions of Santa Cruz Avenue would not affect transit routes differently than the existing temporary closure, which SamTrans has been able to accommodate.

The proposed Local Access (Alley) street classification would also allow for the City Council to consider street closures of public alleys that meet the Local Access (Alley) classification criteria. Street closures on alleys could be allowed, subject to generally maintaining access to abutting properties for operations (e.g. deliveries, trash collection, etc.). Potential street closures within the Main Street or Local Access (Alley) street 3 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.18

classifications would be coordinated with the Menlo Park Police Department and Menlo Park Fire Protection District to ensure adequate access is maintained. Ryans Lane and the portion of Santa Cruz Avenue have been closed on a temporary basis since October 2020 and June 2020, respectively, and no negative effects have been observed, supporting these conclusions.

At the time of adoption of the General Plan Update and certification of the Program EIR, the transportation analysis considered level of service (LOS) in the impact analysis. The California Environmental Quality Act (CEQA) no longer utilizes LOS as the metric for identifying impacts in the transportation impact analysis and now uses vehicle miles traveled (VMT) as the metric for assessing impacts. The proposed Amendments to allow for street closures within the Main Street and Alley street classifications would not be expected to increase VMT, as use of the alternate routes to travel in and out or through the downtown will not add a measurable distance to the trip. Most street closures would be expected to be located in the downtown area of Menlo Park and most vehicle trips to downtown would be accommodated in the parking along other downtown streets or in parking plazas. While it is possible that any street closures could be designed to allow for partial vehicle circulation, this analysis assumes complete closure to vehicles.

The decision to amend the General Plan Circulation Element to allow for potential street closures within the Main Street (i.e. Santa Cruz Avenue) and Local Access (Alley) street classifications would not result in an increase in potential environmental effects related to transportation, circulation, or parking. The proposed Amendments are not expected to result in much if any demolition, ground disturbing, construction activities, or operation activities not contemplated in the General Plan Update and Housing Element Update and studied in the Program EIR and SEIR. No increase in potential environmental effects to air quality, biological resources, cultural resources (including tribal cultural resources), geology, soils, or seismicity, greenhouse gases emissions, hazards and hazardous materials, hydrology and water quality, noise, population and housing, and public services and recreation, utilities and service systems would result from implementation of the proposed General Plan Circulation Element Amendments. Additionally, the City, in compliance with Senate Bill 18, notified Native American Tribal Nations, identified by the Native American Heritage Commission, of the proposed Amendments to allow for the tribes to consult with the City on the proposed Amendments. The City did not receive any requests for consultation.

The decision to amend the General Plan would not result in aesthetic impacts or land use and planning effects not contemplated in the Program EIR and SEIR. The proposed Amendments are consistent with the guiding principles of the General Plan and consistent with components of the General Plan studied in the certified Program EIR and the certified SEIR for the Housing Element Update.

Thus, the Program EIR and the SEIR examined essentially the same project that is now being considered by the City through the plan Amendments. As a result, the Amendments would have no new impacts or more severe impacts than previously discussed and analyzed in the certified Program EIR and certified SEIR. 4 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.19

Findings: The proposed changes to the Circulation Element of the General Plan are considered minor and will have little or no new environmental effect. No new or more severe impacts have been identified beyond those examined in the previously certified Program EIR and SEIR. CEQA Guidelines Section 15162 provides that no subsequent environmental review document is needed after an EIR has been certified for a project unless the City determines on the basis of factual evidence that one of the following has occurred:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

There have been no substantial changes in the General Plan or its circumstances since certification of the Program EIR and the SEIR. Similarly, there is no substantial new information that could not have been known when the Program EIR and the SEIR were certified. Therefore, there are no grounds for requiring additional review under CEQA Guidelines section 15162 or for the City to undertake a subsequent EIR or negative declaration.

An addendum is the appropriate documentation for these Amendments because the changes are not substantial changes and do not require major revisions to the certified Program EIR or certified SEIR (CEQA Guidelines Section 15164). An addendum does not need to be circulated for public review. This addendum will be considered by the City 5 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.20

Council in conjunction with the Program EIR and SEIR when taking action on the proposed General Plan Amendments.
6 Addendum to ConnectMenlo General Plan Update Final EIR Page H-2.21

Third Addendum to
El Camino Real/Downtown Specific Plan
Certified Final Environmental Impact Report

ATTACHMENT I
Lead Agency: City of Menlo Park
Telephone: (650) 330- 6702
Contact Person: Kyle Perata, Planning Manager
Project Title: El Camino Real/Downtown Specific Plan Amendments Project Location: City of Menlo Park, San Mateo County
El Camino Real/Downtown Specific Plan
The City of Menlo Park (City) developed the El Camino Real/Downtown Specific Plan (Specific Plan) to establish a framework for private and public improvements in the Specific Plan area (Figure 1). The Specific Plan addresses approximately 130 acres and focuses on the character and density of private infill development, the character and extent of enhanced public spaces, and circulation and connectivity improvements. The primary goal of the Specific Plan is to “enhance the community life, character and vitality through mixed use infill Projects sensitive to the small-town character of Menlo Park, an expanded public realm, and improved connections across El Camino Real.” The Specific Plan includes objectives, policies, development standards, and design guidelines intended to guide new private development and public space and transportation improvements in the Specific Plan area.

Specific Plan Program Environmental Impact Report
On June 5, 2012, the City Council certified the Menlo Park El Camino Real and Downtown Specific Plan Program Environmental Impact Report (Program EIR). According to the Program EIR, the Specific Plan does not propose specific private developments, but establishes a maximum development capacity of 474,000 square feet of non-residential development (inclusive of retail, hotel, and commercial development), and 680 new residential units. The Specific Plan includes public open space and streetscape improvements throughout the plan area.

Proposed Project
On February 28, 2023, the City Council held a study session on a draft ordinance to amend the City of Menlo Park Municipal Code to add Chapter 13.30 (Streetaries Outdoor Dining Areas) to Title 13 of the Municipal Code and Amendments to Sections 13.18.10 1 Third Addendum to El Camino Real/Downtown Specific Plan Final EIR Page H-2.22

and 13.18.20 of Chapter 13.18 (Use of Public Right of Way) to enable the proposed streetary program. The City Council also reviewed and provided feedback on draft design standards and fees associated with the proposed streetary program. During the Study Session, the City Council also expressed an interest in making the temporary street closures for portions of Santa Cruz Avenue (between Curtis Street and Doyle Street) in the eastbound direction and Ryans Lane, between Crane Street and Escondido Lane, permanent. These closures currently restrict vehicle access while allowing for bicycle and pedestrian circulation. The conversion of the temporary street closures to permanent street closures would involve limited new construction as the temporary barriers are already in place. Additional street closures, as authorized by the proposed Specific Plan Amendments could require additional barricades, modifications to the existing outdoor dining parklets and streetaries, striping for bicycle/pedestrian movements, and additional wayfinding signage. The street closures would not involve substantial construction activities, ground disturbing activities, or an increase in density (dwelling units), intensity (square footage), or building heights.

To allow for the proposed permanent closure of a portion of Santa Cruz Avenue and a portion of Ryans Lane and to allow for the City Council to more broadly consider additional street closures downtown (in addition to the Central Plaza concept of the Specific Plan), Amendments to the Specific Plan attached hereto as Exhibit A and incorporated herein by this reference are proposed. The proposed Amendments are generally as follows:
• In Chapter C (Plan Principles, Framework and Program), incorporate text identifying that the City Council may also consider additional street closures, provided specific criteria are met.
• In Chapter D (Public Space), include text identifying that the City Council may also consider additional public improvements (e.g. street closures). • In Chapter F (Circulation), add text clarifying that the City Council may consider additional public improvements, including modifications to the vehicle, pedestrian, and bicycle circulation network, provided specific criteria are met. Also clarify that parking reductions identified in the Specific Plan were estimates and may change based on public improvements.

The Planning Commission will review these Amendments to the Specific Plan and make a recommendation to the City Council, which can adopt the Amendments by resolution.

Potential Environmental Impacts
This is the third addendum to the certified Program EIR prepared by the City. Previously the City adopted the first Addendum to the Program EIR to enable Specific Plan changes associated with the Guild Theatre, and adopted a second Amendment to enable changes associated with the Springline Mixed-Use Development project (1300 El Camino Real).

Both of those projects included increases in allowed gross floor area and floor area ratio in the Specific Plan’s respective sub-districts, while maintaining the total development cap within the Specific Plan Area. The City prepared addendums to the certified Program EIR for each of the previous Specific Plan amendments. This addendum evaluates whether the proposed Specific Plan Amendments require additional environmental review or can 2 Third Addendum to El Camino Real/Downtown Specific Plan Final EIR Page H-2.23

be considered for approval based on the Program EIR prepared for the City’s Specific Plan.

The proposed Amendments require only minor modifications to the Specific Plan which will allow the City Council to consider modifications to the City’s circulation network to allow for temporary, long-term, or permanent street closures on Santa Cruz Avenue and other locations within the Specific Plan area (in addition to the Central Plaza and other street closures already identified in the Specific Plan). The Amendments are limited to circulation and public space and would not allow any additional development potential (e.g., gross floor area, density) than was previously analyzed by the Program EIR since no changes to the Specific Plan land use standards are proposed. The Amendments would be limited to the Specific Plan Area and focused on the Downtown sub-area.

Amendments to the General Plan Circulation Element are proposed that will be considered separately by the City Council to ensure consistency between the Specific Plan and General Plan. Additionally, the Amendments will not increase the maximum allowable development capacity under the Specific Plan.

Amending the Specific Plan to allow the City Council to consider street closures could result in minor modifications to the City’s downtown circulation network. Santa Cruz Avenue is considered the City’s “Main Street.” However, within the downtown area parallel streets to the north and south of Santa Cruz Avenue (Oak Grove Avenue and Menlo Avenue) provide additional east-to-west connectivity through downtown, so that possible partial or full street closure of a portion of Santa Cruz Avenue will not negatively affect the vehicle circulation network. The adjacent alternate routes can accommodate any minor increase in traffic, and no substantially increase in traffic noise or localized air pollution from intersection congestion on those roadways is expected that might affect commercial and residential uses along those streets. The alternate routes have been designed following “complete streets” policies supporting use by bicyclists, pedestrians, and vehicles. The potential limited increase in traffic would also not be expected to impact emergency responders (e.g. police and fire) response time. The potential closure of portions of Santa Cruz Avenue would not affect transit routes differently than the existing temporary closure, which SamTrans has been able to accommodate. The proposed Specific Plan text Amendments would also allow for the City Council to consider other street closures within the Specific Plan Area. Any potential street closures downtown would be allowed, subject to maintaining access to abutting properties for operations (e.g. deliveries, trash collection) and would be coordinated with the Menlo Park Police Department and Menlo Park Fire Protection District to ensure adequate emergency access is maintained. The closure of Ryans Lane would not restrict access to the neighboring businesses for deliveries, trash collection, etc., nor would the closure restrict vehicle access to the nearby public parking plaza. Ryans Lane is also not a critical emergency response route. Ryans Lane and the portion of Santa Cruz Avenue have been closed on a temporary basis since June 2020 and October 2020, respectively, and no negative effects have been observed, supporting these conclusions. 3 Third Addendum to El Camino Real/Downtown Specific Plan Final EIR Page H-2.24

At the time of adoption of the Specific Plan and certification of the Program EIR, the transportation analysis considered level of service (LOS) in the impact analysis. The California Environmental Quality Act (CEQA) no longer utilizes LOS as the metric for identifying impacts in the transportation impact analysis and now uses vehicle miles traveled (VMT) as the metric for assessing impacts. The proposed Amendments to allow for permanent street closures would not be expected to increase VMT, as use of the alternate routes to travel in and out or through the downtown will not add a measurable distance to the trip. Most vehicle trips to downtown would be accommodated in the parking along other downtown streets or in parking plazas. While it is possible that street closures could be designed to allow for partial vehicle circulation, this analysis assumes complete closure to vehicles.

There would be no increase in potential environmental effects related to transportation, circulation, or parking. The proposed Amendments are not expected to result in much if any demolition, ground disturbing, construction activities, or other construction or operation activities not contemplated in the Specific Plan and studied by the Program EIR. No increase in potential environmental effects to air quality, biological resources, cultural resources (including tribal cultural resources), geology, soils, or seismicity, greenhouse gases and climate change, hazardous materials and hazards, hydrology and water quality, noise, population and housing, and public services and utilities would result from implementation of the proposed plan Amendments. Additionally, the City, in compliance with Senate Bill 18, notified Native American Tribal Nations identified by the Native American Heritage Commission, of the proposed Amendments to allow for the tribes to consult with the City on the proposed Amendments. The City did not receive any requests for consultation.

The decision to amend the Specific Plan would not result in aesthetic impacts or land use and planning effects not contemplated in the Program EIR. The proposed Amendments are consistent with the vision and guiding principles of the Specific Plan and consistent with components of the Specific Plan studied in the certified Program EIR.

Thus, the Program EIR examined essentially the same project that is now being considered by the City through the plan Amendments. As a result, the Amendments would have no new impacts or more severe impacts than previously discussed and analyzed in the certified EIR.

Findings: The proposed changes to the Specific Plan are considered minor and will have little or no new environmental effect. No new or more severe impacts have been identified beyond those examined in the previously certified Program EIR. CEQA Guidelines Section 15162 provides that no subsequent environmental review document is needed after an EIR has been certified for a project unless the City determines on the basis of factual evidence that one of the following has occurred:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement 4 Third Addendum to El Camino Real/Downtown Specific Plan Final EIR Page H-2.25

of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

There have been no substantial changes in the Specific Plan or its circumstances since certification of the Program EIR. Similarly, there is no substantial new information that could not have been known when the Program EIR was certified. Therefore, there are no grounds for requiring additional review under CEQA Guidelines section 15162 or for the City to undertake a subsequent EIR or negative declaration.

An addendum is the appropriate documentation for these Amendments because the changes are not substantial changes and do not require major revisions to the certified Program EIR (CEQA Guidelines Section 15164). An addendum does not need to be circulated for public review. This addendum will be considered by the City in conjunction with the Program EIR when taking action on the proposed Specific Plan Amendments. 5 Third Addendum to El Camino Real/Downtown Specific Plan Final EIR Page H-2.26

PROPOSED PARTIAL SANTA CRUZ AVENUE

STREET CLOSURE
August 29, 2023 City Council Meeting
Staff Presentation
H2-PRESENTATION

OVERVIEW
 Outdoor dining “streetary” program
 Recently amended Circulation Element and El Camino Real Downtown Specific Plan allow City Council to consider street closures
– Amendments adopted on August 15
– Allow consideration of street closures in Main Street and Local Access “Alley” classifications
 Additional correspondence
2 STREET CLOSURES
 Santa Cruz Avenue (continued closure)
– Continue current street closure
– Modify space to incorporate bike lane
– Modifications and continued street closure consistent with Main Street classification
 Ryans Lane (temporarily re-open)
– Allow staff to coordinate with adjacent restaurants on Ryans Lane – Staff could bring a possible street closure to a future Council meeting
3 4

ADDITIONAL BICYCLE IMPROVEMENTS
5 RECOMMENDED ACTIONS
 Adopt a resolution approving:
– Long-term street closure of eastbound direction of Santa Cruz Avenue (between Curtis and Doyle Streets) to vehicles
– Install a new bicycle lane in the eastbound direction of Santa Cruz Avenue
 Draft resolution included in Attachment A
6 THANK YOU

MENLO PARK
AGENDA ITEM I-1
City Manager's Office

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:
8/29/2023
23-195-CC
Informational Item: City Council agenda topics: September 2023 Recommendation
The purpose of this informational item is to provide the City Council and members of the public access to the anticipated agenda items that will be presented to the City Council. The Mayor and city manager set the City Council agenda so there is no action required of the City Council as a result of this informational item.

Policy Issues
In accordance with the City Council procedures manual, the Mayor and city manager set the agenda for City Council meetings.

Analysis
In an effort to provide greater access to the City Council’s future agenda items, staff has compiled a listing of anticipated agenda items, Attachment A, through Sept. 26. The topics are arranged by department to help identify the work group most impacted by the agenda item.

Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the Mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m. Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.

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

Attachments
A. City Council agenda topics: September 2023
Report prepared by:

Judi A. Herren, Assistant to the City Manager/City Clerk City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page I-1.1
5 10
15 2025
Through Sept. 26
Tentative City Council Agenda
# Title Department Item type City Council action
ATTACHMENT A 1 Accela five year agreement ASD Consent Contract award or amend 2 Labor Negotiations with SEIU Temporary Employees ASD Regular Receive and file 3 Closed session: existing litigation CA Closed Session No action 4 Closed session: Labor CA Closed Session No action Agreement to appropriate housing below market rate funds related to notice of funding availability proposals CDD Regular Contract award or amend
6 Consider Planning Commission's recommendation on a vesting tentative map and below market rate housing agreement for 123 Independence Drive project CDD Public Hearing Adopt resolution, Approve 7 City Council work plan update CMO Informational No action 8 Communitywide electrification program with California Energy Commission (CEC) funding CMO Study Session Direction to staff 9 Finance and Audit Commission appointment CMO Advisory Body Vacancies and Appointments Decide Presentation: San Mateo County Mosquito and Vector Control District annual update CMO Presentation No action 11 Proclamation: National Preparedness Month CMO Proclamation No action 12 Proclamation: National Service Dog Month CMO Proclamation No action 13 Proclamation: Recovery Happens Month CMO Proclamation No action 14 Proclamation: Suicide Prevention Month CMO Proclamation No action Transmittal of city attorney billing (July 2023) CMO Informational No action 16 Approve advisory body annual work plans: Library, Parks and Recreation, Housing, Complete Streets, and Environmental Quality Commissions CMO, CDD, PW, LCS Consent Approve 17 Staffing considerations to support Menlo Park Community Campus (MPCC) operations LCS Regular Adopt resolution 18 Aquatics operator agreement with Team Sheeper, Inc. LCS Regular Contract award or amend 19 Purchase library materials for Menlo Park Community Campus (MPCC) LCS Consent Approve Flock ALPR, gunshot detection, and video camera PD Study Session Direction to staff 21 Police department quarterly update – Q2 April 2023 - June 2023 PD Informational Receive and file 22 Agreement for the Menlo Park Community Campus (MPCC) furniture procurement PW Consent Contract award or amend 23 Approve vehicle contracts up to the approved replacement vehicle budget PW Regular Approve 24 Agreement for railroad gate design services to support quiet zone implementation PW Consent Contract award or amend Left turn restrictions from Oak Grove Avenue to Garwood Way and Merrill Street PW Consent Adopt resolution 26 Resolution designating public works director and assist public works director as authorized agents for Cal OES and FEMA PW Consent Adopt resolution 27 Resolution to abandon a stormwater easement at 1585 Bay Laurel Dr. PW Public Hearing Adopt resolution 28 Restarting the Neighborhood Traffic Management Program (NTMP) PW Study Session Direction to staff ASD-Administrative Services CDD-Community Development
CMO- City Manager's Office LCS-Library and Community Services PD-Police
Page I-1.2
PW-Public Works
Through Sept. 26
Tentative City Council Agenda
# Title Department Item type City Council action
29 Stormwater Master Plan PW Study Session No action 30 Grand Jury Report response Bike Safety in San Mateo County PW, PD Consent Approve ASD-Administrative Services CDD-Community Development PD-Police CMO- City Manager's Office LCS-Library and Community Services Page I-1.3
PW-Public Works

MENLO PARK
AGENDA ITEM I-2
City Manager's Office

STAFF REPORT
City Council
Meeting Date: 8/29/2023
Staff Report Number: 23-196-CC
Informational Item: Update on City Council procedures
Recommendation
This report transmits current City Council adopted governance procedures (Attachment A) in preparation for future agenda items related to a comprehensive update to the City Council procedures manual (Attachment B).

Policy Issues
City Council establishes procedures to document expectations of elected and appointed officials in the conduct of City business. Clear, accessible, and relevant procedures promote transparency and efficiency in operations. City Council retains sole discretion to adopt and amend its procedures.

Background
The City Council’s 2019-20 adopted work plan included a project to update City Council procedures previously compiled in the City Council procedures manual. In March 2020, the City Council disbanded the subcommittee appointed to assist with the updates and directed staff to return with revisions. From 2020 – 2021, staff returned new and updated procedures to the City Council in an effort to transition from a single City Council procedures manual to individual procedures.

Analysis
Staff believes a comprehensive update of the City Council procedures manual and associated policies and procedures would enable the City Council, staff, and the public to more clearly understand and adhere to various policies. To this end, staff will recommend repealing individual policies and procedures related to governance and incorporating revised content into the manual.

City staff have worked to identify proposed revisions to City Council adopted procedures, reformat procedures to match the current template, and propose new procedures based on new operational needs or requests. This report transmits the procedures in advance of City Council consideration at a future date. At that time, City Council may direct staff to continue creating individual procedures (in-lieu of a manual) or revert to the manual style for procedures. The City Council can also direct other alterations.

Table 1 provides a list of City Council policies and procedures related to governance, including number and title, most recent date of City Council adoption or amendment, and the City Council procedure manual section it replaced after last revision.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page I-2.1

Staff Report #: 23-196-CC
Table 1: City Council procedures history
Procedure Adoption date Replaced manual
section
#CC-91-0003 - "City Council Meeting Procedures" 1/7/1997 n/a #CC-16-0001 - "Selection of Mayor" 2/23/2016 Appendix C to manual #CC-19-010 - "City Council powers and responsibilities" 11/12/2019 Chapter 2 #CC-20-013 - “City Councilmember requests” 8/25/2020 Chapter 3 Impact on City Resources
For this informational item there is no impact on City resources.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it 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. Current City Council procedures
B. 2018 City Council procedures manual
Report prepared by:

Judi Herren, Assistant to the City Manager/City Clerk
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page I-2.2

ATTACHMENT A
City of Menlo Park City Council Policy
Department
City Council
Subject
City Council Meeting Procedures

Page 1 of 7 ends

01/07/1997
Approved by
City Council
Adopted 06/25/1991
Amended 01/12/1993
Amended 01/07/1997
Procedure #
CC-91-0003

PURPOSE
To establish procedures for the orderly conduct of City Council meetings.

BACKGROUND
Chapter 9 of Title 5 of the Government Code of the State of California provides regulation regarding the conduct of open meetings. Menlo Park Municipal Code Section 2.04.070 also addresses City Council meeting requirements. The City generally follows Robert’s Rules of Order for the conduct of City Council meetings.

GENERAL
The City supports the rights of the public to be informed about meetings and to participate in the business of the City.

It is the City Council’s objective to work toward consensus, wherever possible, in making policy decisions. The City Council encourages open-ended discussion and the use of study sessions to thoroughly analyze and explore issues.

REGULAR MEETING
Pursuant to Section 54954 of the Government Code of the State of California the City has, in Chapter 2.04 of the Municipal Code set the regular meetings of the City Council as every Tuesday of each month, at seven-thirty p.m. Cancellation of regular meetings must be properly noticed. The Mayor may set a different starting time for a regular meeting to accommodate closed sessions, study sessions, scheduling conflicts of City Council Members, or the desire to ensure adequate time for public testimony on particular items.

All regular meetings of the City Council will end no later than 12:00 midnight unless there is a three-fourths vote taken by 11:00 p.m. to extend. The motion to extend must include the titles of the Agenda items to be considered after 11:00 p.m. and a new ending time of the meeting; this will be determined after due consultation with the staff.

SPECIAL MEETING
A special meeting may be called by the Mayor or a majority of the City Council in accordance with Section 54956 of the Government Code of the State of California.

Page I-2.3

City of Menlo Park City Council Policy
Department
City Council
Subject
City Council Meeting Procedures

Page 2 of 7 ends

01/07/1997
Approved by
City Council
Adopted 06/25/1991
Amended 01/12/1993
Amended 01/07/1997
Procedure #
CC-91-0003

PUBLIC TESTIMONY
Members of the public may directly address the City Council on items of interest to the public that are within
Page I-2.4
ITY Of

MENLO PARK

SELECTION OF MAYOR
City Council Procedure #CC-16-0001
Effective 2/23/2016
Ordinance No. 1016
Purpose
To establish a procedure for the annual selection of the Mayor.

Policies and procedures
City Council policy shall be to rotate the mayor annually. The City Council shall select as mayor an elected member of the City Council who has served a minimum of one year and who has not served as mayor. If all eligible members have served as mayor, then the member with the longest elapsed time since serving as mayor shall be selected as mayor. In the event there are two or more eligible members having equal seniority, the City Council may select any eligible member as mayor.

Procedure history
Action Date Notes
Proposed and approved by City
Council February 23, 2016 Ordinance No. 1016
Page I-2.5

MENLO PARK

CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
Purpose
The powers of the City Council to establish policy are quite broad. Essentially, the City Council may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the City Council has the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and for the general welfare of its inhabitants which are not specifically forbidden by the Constitution and laws of the State of California.

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

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

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

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

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

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

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

Appointment of City Council subcommittees
City Council subcommittees, when used, are to help the City Council do its job. Subcommittees ordinarily will assist the City Council by preparing policy alternatives and implications for City Council deliberation. City Council subcommittees may not speak or act for the City Council. Subcommittees will be used sparingly and ordinarily in an ad hoc capacity. This policy applies to any group that is formed by City Council action, whether or not it is called a subcommittee. Unless otherwise stated, a subcommittee is deemed to be ad hoc and ceases to exist as soon as its task is complete. Standing subcommittees are City Council subcommittees with regular responsibilities as assigned by the City Council generally spanning more than a single year or project. Standing subcommittees are subject to the Open Meetings Act (Brown Act.) Ad hoc subcommittees are not listed below considering their limited nature. 1 MPMC Section 2.04.120
2 MPMC Section 2.12.020
3 MPMC Section 2.44.040
Page I-2.6
CC 20191112

2 CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
Standing City Council subcommittees
Community grant funding
Rail
Appointment of City Councilmembers to outside boards and organizations Typically, appointments to outside boards and organizations are made at the beginning of a City Council term in December.

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

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

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

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

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

The City Council shall adopt a City Council procedure to provide guidelines on the appointment, roles, and responsibilities4 of the various advisory bodies excluding the Planning Commission which is established by Municipal Code5 and is vested with statutory duties.
4 MPMC Section 2.04.200
5 MPMC Section 2.12.040
Page I-2.7
3 CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
2019 Commissions
Complete Streets Commission
Environmental Quality Commission
Housing Commission
Library Commission
Parks & Recreation Commission
Planning Commission
2019 Committees/Taskforces6
Belle Haven Neighborhood Library Advisory Committee
Finance and Audit Committee
Sister City Committee
Transportation Master Plan Oversight and Outreach Committee Liaisons to City Council advisory bodies
City councilmembers are assigned to serve in a liaison capacity with one or more City Council advisory bodies. The purpose of the liaison assignments is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the City Council's familiarity with the membership, programs, and issues of the advisory body.

In fulfilling their liaison assignment, city councilmembers may elect to attend advisory body meetings periodically to observe the activities of the advisory body or simply maintain communication with the advisory body Chair on a regular basis.

Assignment of liaisons
Typically, advisory body liaison assignments are made at the beginning of a City Council term in December. The Mayor will ask city councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the assignments. In the instance where more than one city councilmembers wish to be the appointed liaison to a City Council advisory body, a vote of the City Council will be taken to confirm assignments.

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

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

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

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

Appointment of city attorney and city manager

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

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

Appointment of city manager
The city manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability. He or she shall hold office at and during the pleasure of the City Council7. The city manager shall receive such compensation as the City Council from time to time determines and fixes by resolution and such compensation shall be a proper charge against such funds of the city that the City Council designates8. 6 2019 Committees and taskforces all have City Councilmembers serving as voting members and no liaison is required. 7 MPMC Section 2.08.010
8 MPMC Section 2.08.060
Page I-2.8

4 CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in the Municipal Code. He or she shall be responsible for the efficient administration of all the affairs of the city, which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power9:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16. Additional duties. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the City Council. 9 MPMC Section 2.08.080
Page I-2.9

5 CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
The City Council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the city manager10.

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

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

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

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

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

4. Serve the best interests of the people.

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

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

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

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

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

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

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

12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit. 10 MPMC Section 2.08.100
Page I-2.10
6 CITY COUNCIL POWERS AND RESPONSIBILITIES
City Council Policy #CC-19-010
Adopted November 12, 2019
Appointment to vacancies on the City Council
If a vacancy occurs in the office of a member of the City Council, an election shall be held to fill the vacancy. The person elected shall hold office for the unexpired term of the former incumbent. The election shall be held at the next regularly scheduled election held at least eighty-nine days after the vacancy is created.11 The city councilmember elected to represent a district must reside in that district and be a registered voter in that district. Termination of residency in a district by a city councilmember shall create an immediate vacancy for that City Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.12
Procedure history
Action Date Notes
Draft procedure presented October 1, 2019 City Council directed edits Procedure adoption November 12, 2019
11 MPMC Section 2.04.190
12 MPMC Section 2.04.220
Page I-2.11

MENLO PARK
Page I-2.12

CITY COUNCILMEMBER REQUESTS
City Council Policy #CC-20-013
Adopted August 25, 2020
Purpose
The purpose of this procedure is to provide transparency into requests by individual City Councilmembers that result in the use of staff time. The policy applies to all City Councilmembers equally and allows the full City Council to determine how to use limited city resources.

For this procedure, a “City Councilmember request” is defined as a request to use city resources in a manner that exceeds the City Council approved budget, priorities, or work plan. This includes requests directed to the city manager, city attorney, and all city staff members. This procedure also applies to City Council appointed commissions and committees.

Requests to add items to a future agenda
To make a request
To request consideration of an item at future City Council meetings, City Councilmembers may send the request via email to the city manager, with a copy to the Mayor and Vice Mayor, or via email to [email protected]. The request must be received no later than two (2) business days prior to publication of the meeting agenda. The request will automatically appear under “City Council initiated items” at the end of the City Council’s regular agenda.

Initial City Council consideration of request
As an agendized item under “City Council initiated items” the City Council may discuss the item and ask staff questions regarding preliminary scope, analysis, and resource requirements. After discussion, with a motion and second, the City Council may take one of the following actions:
 Direct the city manager to prioritize staff resources to prepare a formal staff report for further City Council consideration and/or action, or
 Direct the item to an advisory body for preparation of a formal staff report with no additional staff support required, or
 Direct the city manager to prepare a formal staff report for further City Council consideration as resources are available, or
 Defer action to the City Council’s annual goal setting process.

If the request does not receive sufficient City Council support, the item is not considered further.

City Council action
When the staff report is available, the report will be placed under “City Council initiated items” for City Council discussion and action at the next City Council meeting, regardless of agenda load management exercised by the Mayor, Vice Mayor, and city manager.

Request to modify operations or for special projects
To make a request
To request consideration of a change in operations or for a special project, a City Councilmember may send the request via email to the city manager, with a copy to the Mayor and Vice Mayor, or via email to [email protected]. The request must be received no later than two (2) business days prior to publication of the meeting agenda. The request will automatically appear under “City Council initiated items” at the end of the City Council’s regular agenda.

Initial City Council consideration of request
As an agendized item under “City Council initiated items” the City Council may discuss the item and ask the city manager the preliminary assessment of the scope, analysis, and resource requirements of the request. After discussion, with a motion and second, the City Council may take one of the following actions:
 Direct the city manager to prioritize staff resources to prepare a formal staff report for further City Council consideration and/or action, or
 Direct the city manager to prepare a formal staff report for further City Council consideration as resources are available, or
 Defer action to the City Council’s annual budget process.

If the request does not receive sufficient City Council support, the item is not considered further.

City Council action
When the staff report is available, the report will be placed under “City Council initiated items” for City Council discussion CC 20200825

2 CITY COUNCILMEMBER REQUESTS
City Council Policy #CC-20-013
Adopted August 25, 2020
and action at the next City Council meeting, regardless of agenda load management exercised by the Mayor, Vice Mayor, and city manager.

Emergency and non-agendized items
Emergency and non-agendized items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies.

Adding an emergency item requires a majority vote. Emergency items are very rare. An item that the City Council would like to act on after agenda posting is considered a non-agendized item.

Non-agendized items may be added to the agenda only if the City Council makes findings that (1) the need to consider the item arose after the posting of the agenda, and; (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a four-fifths vote; if less than five members of the City Council are present, the findings require a unanimous vote of those present.

Emergency and non-agendized items are not be used to bypass the City Councilmember request process above.

Procedure history
Action Date Notes
Draft procedure presented July 18, 2020 City Council continued item to August 25, 2020 Procedure adoption August 25, 2020 Draft procedure amended at City Council direction. Staff edit to clarify definition of a “non-agendized item”
Page I-2.13

ATTACHMENT B
Procedures Manual
Menlo Park City Council
Page I-2.14

CITY OF MENLO PARK
Mission Statement
It is the mission of the City government to ensure that Menlo Park is a desirable and vibrant community in which to live and do business, and to respond to the values and priorities of the residents so as to provide for the community’s current and future needs.

Explicitly, the City fulfills its function by:
• Addressing the needs of the residents through the City Council, the appointed commissions and the City staff.
• Providing easy and open access to information and encouraging dialogue, enabling residents to actively engage in civic life.
• Providing for the safety of its residents, businesses and visitors. • Providing timely and responsive service.
• Providing special assistance to those in need.
• Functioning effectively, efficiently and with accountability. • Creating a positive and desirable workplace environment for City employees. • Managing change for the betterment of the City.
• Creating and maintaining a viable revenue stream and providing for the unpredictable nature of our economy.
• Implementing and maintaining City infrastructure, facilities and programs. • Formulating sound environmental policies.
• Recognizing and supporting the City’s diverse neighborhoods and population. • Acting as a responsible member of the greater region.

Page I-2.15
2 CONTENTS
Chapter 1
Introduction
Purpose ...........................................................................................5 Overview of city documents ............................................................5 Orientation of new councilmembers ...............................................6 Chapter 2
City Council: Powers and Responsibilities
City Council generally .....................................................................7 Role of Mayor and Mayor Pro Tempore .........................................7 Appointment of City Manager, City Attorney ...................................8 Role during a disaster .....................................................................8 Appointment of advisory bodies …..................................................9 City Council relationship with advisory bodies ................................9 Role of commission liaisons. ...........................................................9 Chapter 3
City Council Meetings
General procedures.......................................................................11 Meeting schedule .........................................................................11 Special meetings ..........................................................................11 Agenda development.....................................................................12 Placing items on the agenda ........................................................12 Notification and advertising............................................................13 Order of business .........................................................................13 Discussion rules ...........................................................................16 Voting procedures .........................................................................17 Other guidelines ...........................................................................17 Open meeting laws (the “Brown Act”)............................................18 Chapter 4
City Council Communications
Overview ......................................................................................21 Councilmember correspondence ..................................................21 Speaking for “The City” .................................................................21 Local ballot measures ...................................................................22 State legislation, propositions .......................................................22 Proclamations ...............................................................................22 Page I-2.16
3 Chapter 5
Interaction with City Staff
Overview ......................................................................................23 Council-Manager form of government ..........................................23 Council-Manager relationship .......................................................23 City Manager code of ethics .........................................................24 City Council-City Attorney relationship .........................................24 Roles and information flow ...........................................................24 Information distribution .................................................................25 Magnitude of information requests ...............................................25 Staff relationship with advisory bodies ..........................................26 Restrictions on political involvement by staff ................................26 Chapter 6
Support Provided to City Council
Staff support .................................................................................28 Office equipment ..........................................................................28 Meeting rooms ..............................................................................29 Mail and deliveries ........................................................................29 Chapter 7
Financial Matters
City Council compensation ...........................................................30 Expenditure allowance .................................................................30 Expenditure guidelines .................................................................30 Chapter 8
Conflicts and Liability
Conflict of interest .........................................................................31 City Attorney advice ......................................................................31 Conflict of interest forms ...............................................................32 Liability .........................................................................................32 Chapter 9
Additional Training and Resource Materials
League of California Cities ............................................................33 Local Government Commission ....................................................33 International City Management Association (ICMA) .....................33 Institute for Local Government (ILG) .............................................33 Appendix
A. Reference Guide to Motions
B. Legislative Policy Guide
C. List of City Council Policies
D. City Manager Code of Ethics
Page I-2.17
4 CH APTER 1
Introduction
The Menlo Park City Council establishes policies and priorities for the community and is responsible for the fiscal health of the public corporation.

Purpose of the Procedures Manual
City of Menlo Park staff prepared a procedures manual to assist the City Council by documenting currently accepted practices. Through agreement of the City Council and staff to be bound by these practices, the effective administration of City Council affairs is greatly enhanced. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide councilmembers in their actions. It is anticipated that this Procedures Manual will be reviewed and revised from time to time.

Overview of city documents
This procedures manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices.

A summary of some of the most notable documents that establish City Council direction is provided below.

Municipal Code: The Municipal Code contains local laws and regulations adopted by ordinances. The administrative chapter of the Municipal Code addresses the role of the City Council, Mayor and Mayor Pro Tempore. It also describes the organization of City Council meetings and responsibilities as well as the appointment of certain city staff positions and advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws. The Municipal Code is available on the City’s website.

California Government Code: The California Government Code contains many requirements for the operation of city government. Many of these requirements are also replicated within the Municipal Code to ensure there is broad awareness of such requirements. Menlo Park is a “General Law” city, which means it is organized in accordance with provisions of the Government Code. Also described within the Government Code is the Council-City Manager form of government. This form of government prescribes that the City Council’s role is to establish polices and priorities, while the role of the City Manager is to oversee the operations of the city government.

Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide services. The document contains both a broad overview of the budget as well as descriptions of programs and services organized for convenience by lead department. The City operates on a July 1 through June 30 fiscal year.

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5 General Plan:

The General Plan is a legal document, required by the California Government Code, which serves as the City of Menlo Park's "constitution" for the development and the use of its land. It is a comprehensive, long-term document, detailing proposals for the physical development of the city, and of any land outside its boundaries but within its designated "sphere of influence."
Orientation of new councilmembers
It is important that councilmembers have an understanding of the full range of services and programs provided by the organization. As new members join the City Council, the City Clerk coordinates with department heads to provide tours of City facilities and meetings with key staff.

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

It is important to note that the City Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor and Mayor Pro Tem have some additional ceremonial and administrative responsibilities as described below, in the establishment of policies, voting and in other significant areas, all councilmembers are equal. It is also important to note that policy is established by at least a majority vote of the City Council. While individual councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the City Council is upheld.

Actions of staff to pursue the policy direction established by a majority of the City Council do not reflect any bias against councilmembers who held a minority opinion on an issue.

The City Council has occasionally debated whether it should take positions of a broader nature or limit itself to purely municipal functions. Historically, Menlo Park’s city councils have chosen to not take positions on issues outside of their immediate authority to effect, such as issues of international concern. The propensity of the City Council to involve itself in such issues reflects the personalities and outlooks of the councilmembers who make up the two-year City Council sessions.

A councilmember may not simultaneously hold two public offices that are incompatible.

Offices are incompatible, if any significant clash of duties exists between the two offices, if the dual office holdings would be improper for reasons of public policy, or if either officer exercises a supervisory, auditory or removal power over the other. Councilmembers are encouraged to and often participate and provide leadership in regional and state programs and meetings. Councilmembers are strongly encouraged to report to the City Council on matters discussed at subcommittees and other regional or state board/agency/group activities in which they have been involved.

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

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

Traditionally, the Mayor has also been assigned by the City Council to consult and coordinate with the City Manager in the development of agendas for meetings of the City Council. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the City Council or the introduction of new items not otherwise part of the City Council’s identified priorities or staff’s work plan.

Should any significant disagreement arise regarding the scheduling of items, these matters are to be resolved by the full City Council. The staff maintains a “tentative” City Council agenda item calendar that programs when matters will likely be considered at future meetings.

Mayor Pro Tempore: The City Council has specified that the Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence. The Mayor Pro Tempore shall serve in this capacity at the pleasure of the City Council.

Appointment of City Manager, City Attorney
The City Council appoints two positions within the city organization: the City Manager and City Attorney. Both positions serve at the will of the City Council. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City. The current City Attorney is a part-time employee, and a partner in a local law firm that has served the City for many years.

Role during a disaster
The City Council has some special, extraordinary powers in the case of a disaster.

Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the City Council may be directed by the City Manager/ Emergency Services Director to assemble in the City’s Emergency Operations Center (EOC), located within the Police Department, to provide policy guidance and to receive information in an emergency. Should the City Council not be available during an emergency, state law specifies a hierarchy of others who may serve in place of the City Council. The most likely scenario is that the County board of supervisors would serve in the place of the City Council. When necessary, the Incident Commander of the City EOC or Disaster Coordinator may request the activation of a MAC (Multi-Agency Coordination Center). One possible location of a MAC could be the Menlo Park Fire District’s USAR Building located in Menlo Park.

The City Council also has the responsibility to declare a local emergency. Emergency proclamations are normally made when there is an actual incident or threat of disaster or extreme peril to the safety of persons and property caused by natural or man-made situations. The local proclamation is the first step toward a State and Federal declaration which would then activate eligible State and Federal disaster relief programs to provide financial relief to both local government and the public.

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8 Appointment of advisory bodies
The city has a number of standing advisory bodies. City Council Policy #CC-01-004, Commissions/Committees Policies and Procedures and Role, contains guidelines on the appointment, roles and responsibilities of the various commissions. These procedures apply to all appointments and reappointments to standing advisory bodies.

In addition, resident committees and task forces are occasionally appointed by the City Council to address issues of interest. A task force or other ad hoc body is a body created by the City Council for a specific task. City Council subcommittees, when used, are to help the City Council do its job. Committees ordinarily will assist the City Council by preparing policy alternatives and implications for City Council deliberation. City Council subcommittees will normally not have direct dealings with staff operations. City Council subcommittees may not speak or act for the City Council. Subcommittees will be used sparingly and ordinarily in an ad hoc capacity. This policy applies to any group that is formed by City Council action, whether or not it is called a subcommittee. Unless otherwise stated, a subcommittee ceases to exist as soon as its task is complete. The City Council may assign, and specify the role of, one or two councilmembers to the task force (if more, it becomes a defacto City Council meeting). Unless otherwise specified, councilmembers have all the rights, and only the rights, of ordinary citizens with respect to task forces and other ad hoc bodies.

Note that both appointed advisory bodies and ad hoc committees are usually subject to the open meetings laws commonly known as the Brown Act.

City Council relationship with advisory bodies
The City Council has determined that councilmembers should not lobby commissioners for particular votes. However, councilmembers may attend meetings as residents and request that commissioners consider certain issues during their deliberations or in unusual instances as councilmembers to reflect the views of the City Council as a body.

Councilmembers choosing to attend commission or committee meetings should be sensitive to the fact that they are not participating members of the body.

Councilmembers have the rights, and only the rights, of ordinary citizens with respect to commissions – including the right to write to and speak to the commission during public comment periods.

Role of commission liaisons
Councilmembers are assigned to serve in a liaison capacity with one or more city commissions. 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, councilmembers may elect to attend commission meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission chair on a regular basis.

Councilmembers should be sensitive to the fact that they are not participating members of the commission, but are there rather to create a linkage between the City Council and commission. In interacting with commissions, councilmembers are to reflect the views of Page I-2.22
9 the City Council as a body. Being a Commission liaison bestows no special right with respect to Commission business.

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

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11 CH APTER 3
City Council Meetings
General procedures
By resolution, the City Council has adopted a modified version of Roberts Rules of Order.

Presiding officer: The Mayor is the presiding officer and acts as chair at City Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tempore serves as presiding officer.

Seating arrangement of the City Council: The Mayor Pro Tempore is seated immediately next to the Mayor. The Mayor, with the approval of individual councilmembers, shall establish the seating arrangement for regular City Council meetings.

Quorum: Three-fifths of the councilmembers constitute a quorum for the transaction of business.

Meeting schedule
The City Council approves and follows an annual calendar that reflects its priorities and coincides with the budgeting process, beginning at the start of the calendar year.

A Capital Improvement Plan is reviewedin February for the following fiscal year, in order to reflect the commitment of resources required. Other City Council priorities are overlayed on the calendar as time permits.

Regular meetings are usually held in the City Council Chambers, 701 Laurel St., on Tuesdays at 7 p.m., with study sessions and closed sessions generally being convened earlier, as needed, or at the end of the meeting at the conclusion of public business.

On occasion, the City Council meeting will be held in alternative locations such as the Senior Center. No City Council meeting will typically be held in the event that a regular meeting of the City Council falls on a legal holiday or the day after a holiday. Other meetings throughout the year may be canceled as well. Councilmembers should inform the City Manager’s assistant as soon as possible if they intend to be out of town on a set meeting date. In recognition of the personal and professional obligations which may conflict with attending City Council meetings, Councilmembers are not compelled to participate in routine Council meetings remotely as it can present a hardship due to technological limitations, noticing compliance and time zone differences.

Special meetings
Special meetings may be called by the Mayor or by three members of the City Council.

Written notice must be given to the City Council and to the media 24 hours before a special meeting. No business other than that officially noticed may be discussed.

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12 Public Comment: At all regular and special meetings, public comments must be permitted before or during consideration of any agendized item. Public comment is appropriate on any matter within the jurisdiction of the City Council.

Meeting notices and minutes: Notice requirements of the Brown Act are complied with for all meetings; action minutes of the meeting are taken by the City Clerk or designee and made available for public inspection.

Agenda development
The City Council adopts a yearly meeting calendar identifying meeting dates and cancellations to aid councilmembers and staff with planning and scheduling. A mediumrange “tentative” City Council calendar that reflects an estimate of when various items will be scheduled over the next few weeks is available on the City’s website. A copy of the draft agenda is transmitted to the Mayor for review on the Monday one-week before the meeting. Staff is required to submit reports for a Tuesday City Council meeting to the City Clerk by noon on the Thursday of the week preceding the meeting. All agenda materials are available Thursday evening before the Tuesday City Council meeting.

Website posting includes a tentative City Council calendar that shows City Council meeting dates and planned agenda items 3-5 weeks in advance.

Given this agenda development schedule, it is usually extremely difficult when councilmembers request at a Tuesday meeting that a report be prepared for consideration the following meeting. For this reason, it will usually require at least one week for the preparation of a report requested by the City Council. Complex reports will require more time to prepare, and an estimated time of completion can be provided to the City Council. The ability to schedule new agenda items depends on the nature of the item itself, other agenda subjects that are already scheduled and the amount of time available.

Placing items on the agenda
City Council: A councilmember may request an item be considered on a future agenda and, upon agreement of a majority of Council, staff will prepare a staff report if formal Council action is required. Councilmembers may make this request verbally during a meeting or may submit written requests. Normally, the process involves two steps: initial consideration of the request by the full City Council at the soonest possible regularly scheduled meeting; and, if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda.

Members of the public: A member of the public may request that an item be placed on a future agenda during public comment or through other communication with councilmembers. Upon approval of a majority of the City Council, the item will be agendized and a staff report may be prepared. The City Manager will inform the City Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate.

Emergency and Non-Agendized items: Emergency and non-agendized items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other

severe emergencies. Adding an emergency item requires a majority vote. Emergency items are very rare. More likely, after the agenda is posted an item arises that the City Council would like to act on. Non-agendized items may be added to the agenda only if the City Council makes findings that (1) the need to consider the item arose after the posting of the agenda, and; (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a four-fifths vote; if less than five members of the City Council are present, the findings require a unanimous vote of those present.

Notification and advertising
The City attempts to well publicize matters of significant neighborhood or community public interest that appear on a City Council agenda, as well as all matters where advertising is required by law. Advertisements and notifications are intended to inform all interested individuals.

Order of Business
The City Council established the order of business for meetings through the adoption of a policy on meeting procedures. Technically, the order of the agenda is as follows:
roll call; special business; proclamations; council, committee and staff reports; public comment #1; appointments to boards/commissions/committees; consent calendar; public hearings; regular business; written communications; information items; adjournment. The following section describes the various types of meeting components.

1. Closed Sessions (closed to the public): The ability of the City Council to conduct sessions not open to the public is restricted by state law to ensure open proceedings. Certain defined circumstances exist wherein a city council may meet without the public in attendance. Such circumstances include:

Real Property: The purchase, sale, exchange or lease of real property with the City’s negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session before the closed session (Cal Govt Code 54956.8).

Litigation: Pending or a significant exposure to litigation or the decision to initiate litigation; the litigation title must be identified in open session before the closed session unless the City Council states that to do so would jeopardize its ability to conclude existing settlement negotiations or effectuate service of process.

Compensation: Salaries and benefits of employees; City Council meets in closed session to review its position and instruct designated representatives (Cal Govt Code §54957.6).

Personnel: A closed session is held to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear a complaint against the employee unless the employee requests a public hearing (Cal Govt Code §54957.6).

It is critical to stress that there shall be no disclosure of closed session confidential information. Councilmembers, employees of the City, or anyone else present shall Page I-2.26
13 Page I-2.27
14 not disclose to any person, including affected/opposing parties, the press or anyone else, the content or substance of any discussion which takes place in a closed session without City Council direction and concurrence. Whenever possible, written reports received for closed session items will be turned in at the end of the meeting.

Typically, closed sessions will be scheduled before the public portions of the meeting or at the end of the meeting after public business has been concluded. This is done so public portions of the meeting are not interrupted by closed sessions. In addition, such sessions may require the attendance of special legal counsel and consultants. In an attempt to manage the costs of these professionals, it is beneficial to conduct closed sessions at a time certain. On occasion, during the course of a regular meeting, an issue arises that requires the City Council to adjourn to a closed session on the advice of the City Attorney.

2. Study Session: From time to time, the City Council will hold study sessions. These meetings are normally scheduled before the regular session. The purpose of study sessions is to give the City Council a less formal and more interactive forum to discuss issues in advance of any official action to be taken. Staff often presents policy alternatives and is more directly engaged in the dialogue. Meetings are open to the public and are broadcast and videotaped when held in the City Council Chambers and at the direction of the City Council. While general direction may be given to staff or the proponent behind the topic of discussion, no formal action by the City Council is taken in a study session.

3. Public Comment: The City Council receives general public comment about issues not on the agenda. Comments on agendized items should not be heard until the appropriate item is called. Individuals desiring to speak are to address the City Council from the speaker podium after giving their name and place of residence.

Speaker cards may be required and should be filled out, including the speaker’s actual jurisdiction of residence, and given to the City Clerk before Public Comment.

Comments should focus on a specific matter within the City Council’s jurisdiction.

Members of the public are encouraged to present written comments, preferably in advance of the meeting, as a way to fully communicate their thoughts on agendized or non-agendized items. When written materials are presented, they should be submitted to the City Clerk for distribution and record keeping ahead of time.

Comments are typically limited to three minutes per speaker so that all have an opportunity to address the City Council.

Videos, PowerPoint presentations or similar display requests may accompany inperson testimony but are subject to the same speaking time limits. Prior notice and coordination with the City Clerk is strongly encouraged and the Mayor reserves the privilege to limit such requests as necessary for the effective conduct of the meeting.

Speakers are to address their comments to the City Council from the podium.

Public comment on regular business items normally follows staff’s presentation of the staff report, clarifying questions from councilmembers and applicant comments as necessary and appropriate. Typically, applicants or appellants are limited to a maximum of 10 minutes. The City Council will then hear public comment.

4. Commission Reports: Commission reports provide an opportunity for designated members of appointed boards to address the City Council on matters of importance or to update the City Council and community on studies that are underway.

5. Consent Calendar: Those items on the City Council agenda that are considered to be of a routine and noncontroversial nature by the City Manager are placed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc., by one motion of the City Council. Typical consent calendar items include the final reading and adoption of ordinances, various resolutions approving agreements, awards of contracts, minor budgetary adjustments, meeting minutes, status reports, and reports of routine city operations.

Councilmembers may request that any item listed under “Consent Calendar” be removed from the Consent Calendar, and the City Council will then take action separately on this item. A member of the public may request that an item listed under “Consent Calendar” be removed and City Council action taken separately on the item; the City Council must concur with such a request. Items that are removed (“pulled”) by councilmembers for discussion will typically be heard after other Consent Calendar items are approved unless the majority of the City Council chooses an earlier or later time.

Councilmembers are encouraged to contact the City Manager’s office before Noon on the day of a City Council meeting day to provide notification of items to be removed from the Consent Calendar. This practice allows the City Manager to notify staff that may need to be present to respond to removed items. Equally important, it also allows the Manager to inform staff who do not need to be present at the meeting. Unless contacted in advance of the meeting with sufficient time, the presumption is that staff will not be present.

6. Public Hearing: In the case of public hearings, once the City Council has voted to close the hearing, no member of the public shall be permitted to address the City Council or the staff from the audience, except at the discretion of the presiding officer (Mayor).

7. Regular Business Items: Regular items are shown on the agenda and are normally taken in the order listed.

8. Informational Items: Informational items may contain a status update, background report or a preview of a larger item coming before the City Council at a future meeting.

9. Councilmember Reports: Provides councilmembers an opportunity to introduce matters not currently before the City Council, including brief announcements, to pose questions of staff and make requests for items to be placed on the agenda at a future meeting. Examples of appropriate communications would be information of general interest received from outside agencies, comments or inquiries received from the public, requests to agendize future items, or announcements of interest to the public.

State law provides that the City Council can take action only on such matters that have been noticed at least three days (72 hours) in advance of the regular meeting, Page I-2.28
15 Page I-2.29
16 or 24 hours in the case of a special meeting, unless special circumstances are found to exist (as mentioned above). Formal action or approval on non-agendized items is not allowed, and such items should be placed on the agenda of the next available regular meeting.

10.Written Communications: The City Council has established a practice of placing written communication between councilmembers requesting items to be agendized and select letters sent by agencies to councilmembers on the meeting agenda so that this correspondence receives wide distribution. If letters or emails from the public are received on the day of or just before a meeting, copies will be placed at the councilmembers’ positions on the dais.

Discussion Rules
To assist the City Council in the orderly discussion of items, rules are followed which represent accepted practices for the management of City Council meetings.

1. Obtaining the floor: A councilmember or staff shall first address the Mayor and gain recognition. Comments and questions should be directed through the chair and limited to the issue before the City Council. Cross-exchange between councilmembers and public should be avoided.

2. Questions to staff: A councilmember shall, after recognition by the Mayor, address questions to the City Manager, City Attorney, department head or designated staff member. Councilmembers with questions on an agenda item should preferably contact staff before the meeting in order to allow staff time to research a response for the meeting.

3. Interruptions:
a. Once recognized, a councilmember is considered to have the floor, and another councilmember may not interrupt the speaker except to make a point of order or point of personal privilege. In such a circumstance, the councilmember holding the floor shall cease speaking until the point of order or privilege is resolved. b. Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor.

4. Discussion: A councilmember should not speak more than once on a particular subject until every other councilmember has had the opportunity to speak. councilmembers are encouraged to discuss items during the decision-making process and may ask staff to respond when appropriate. The Mayor normally allows other members to speak first, then will give his/her views and summarize.

5. Tabling procedure: Tabling an item immediately stops discussion and causes a vote to postpone a matter indefinitely or to a time and date certain. A motion to “continue” an agenda item has the same effect, but is generally used when a scheduling problem arises or when insufficient time is available to address the matter thoroughly.

6. Right of protest: A councilmember is not required to state reasons for a dissenting vote.

7. Calling for the question: The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A councilmember may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable and the City Council must vote on it.

8. Conducting business at a late hour. According to City Council policy, all regular meetings of the City Council are to end by midnight unless there is a two-thirds, threefourths, or four-fifths (based on the number of Councilmembers present) vote taken by 11:00 p.m. to extend the meeting. The motion to extend is to include the title of the items to be considered after 11:00 p.m. and a new ending time for the meeting. The City Clerk will alert the City Council at or before 11:00 p.m. New items of business will not be discussed after 11:00 p.m. unless the motion to consider such item(s) was passed Voting procedures
When present, all councilmembers are to vote (affirmative, dissenting, abstention).

Failure of a seated councilmember to express a vote constitutes an affirmative vote.

No ordinance, resolution or motion shall be passed or become effective without an affirmative vote by the majority with a quorum present.

A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected councilmember will step down from the dais and leave the City Council Chambers.

Councilmembers may declare general consensus at the discretion of the presiding officer, if there are no negative votes or objections.

Tie vote: A tie vote is equivalent to a motion that has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct a member of the staff to do so.

Motions: There are a number of types of motions, each of which must meet certain requirements before a vote can be taken. A reference guide to motions is provided in chart form in Appendix A of this manual.

Reconsideration: Reconsideration of an item shall be allowed in accordance with the following City Council guideline: A councilmember of the prevailing majority when the previous vote was taken must make a motion for reconsideration. The City Council has determined that any motion for reconsideration should be made at the meeting immediately following that at which the action was taken. No motion for reconsideration will be entertained after this time unless the City Council determines significant new information has arisen which warrants such action.

Other guidelines
Other guidelines have been developed to ensure that meetings of the City Council are conducted in a civil and professional manner. Councilmembers and staff shall:

1. Work to preserve appropriate order and decorum during all meetings.

2. Discourage side conversations, disruptions, interruptions or delaying efforts.

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17 3. Inform the Mayor before departing from a meeting.

4. Limit disruptive behavior. The Mayor will call persons demonstrating rude, boisterous, or profane behavior to order. If such conduct continues, the Mayor may call a recess, request the removal of such person(s) from the City Council Chambers, adjourn the meeting, or take such other appropriate action. The City Council has a policy to discourage applause, booing or other similar behaviors from the public during meetings.

5. Recognize that only the City Council, staff, advisory body chairs or designated representatives, and those authorized by the presiding officer shall be permitted to sit at the City Council or staff tables.

6. Limit breaks of the City Council to 5-10 minutes. The City Council has authorized the Mayor to resume the meeting if a quorum exists and other members have not returned from the break within the announced time period.

7. Impose time limits on speakers. While the City Council encourages and embraces the need for and right of public participation, it acknowledges that public comments must, at times, be limited. Therefore, the City Council authorizes the Mayor, as presiding officer, to poll the audience for an indication of the number of people wishing to speak, and to impose time limits per speaker. Typically, speakers are limited to three minutes but a shorter time limit may be established as deemed necessary. When a member of the public is to speak on behalf of others in attendance, a maximum time limit of nine minutes is usually imposed or as otherwise allowed in the discretion of the presiding officer. After the time limit, the City Council may ask questions of the speaker for clarification, if needed. Each speaker will be thanked for his or her participation.

Values of respect: The City Council has also recognized the importance of approaching the public’s business in an environment of personal respect and courtesy, which places emphasis on the consideration of policy and avoids personalization of comments. Some guidelines utilized by the City Council include:

1. Discussion should focus on policy matters

2. Personal criticism of members is inappropriate

3. Proper decorum should be displayed as other members express their views

4. Treat members of the public equally, applying rules in a fair and consistent manner

5. Members of the public are advised to treat all public speakers with due respect and to refrain from verbal expressions in support of or opposition to (such as clapping or booing) any public speakers’ comments.

Enforcement of order: The Police Chief or his designee acts as the Sergeant-At-Arms.

Any councilmember may request the presiding officer to enforce the rules of protocol.

Upon motion and majority vote, the presiding officer shall be required to do so.

Open meeting laws (“The Brown Act”)
Operations and procedures of the City and City Council incorporate requirements of the state’s open meeting law (commonly referred to as the Brown Act). Because this law is such an important part of local government operations, some specific requirements of the law are highlighted below.

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18 Applicability and penalties: The entire city organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code §54950 et seq. The intent of the Act is to ensure that deliberation and actions of local public agencies are conducted in open and at public meetings.

A. Applicability: The Act applies to the City Council and all commissions, boards and City Council-appointed subcommittees (except if comprised entirely of two councilmembers) and task forces that advise the City Council. Staff cannot promote actions that would violate the Act.

B. Meetings: All meetings shall be open and public. A City Council meeting takes place whenever a quorum (3 or more members) is present and information about the business of the body is received; discussions qualify as a meeting. Social functions (e.g., receptions, dinners) do not fall under the Act unless city business is discussed.

Serial meetings take place when any member of City Council contacts more than one other member of the City Council or any city staff member contacts more than two councilmembers for the purpose of deliberating or acting upon an item pending before the City Council. This restriction does not apply to the public or media who may contact all councilmembers. Correspondence that merely takes a position on an issue is acceptable. Note that the Brown Act applies to City councilmembers immediately after their election and before their swearing-in ceremony.

C. Agendas: Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements.

D. Actions: No action can be taken on any item not appearing on the posted agenda.

Exceptions:

1. An emergency exists (determined by a majority of the City Council).

2. The need to take action arose subsequent to the agenda being posted and there is a need for immediate action (determined by a two-thirds vote of the City Council; or if less than two-thirds are present, by unanimous vote).

3. The item was continued to another meeting that was scheduled and posted within five days of the original agenda.

E. Public input: The public, by law, has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, at the time the matter is heard. The Mayor has the right to establish a time limit on speakers and the total time allocated for a particular issue. Three minutes per speaker has been standard, but in unusual cases either shorter or longer periods may be established by the Mayor or the City Council.

F. Public disruptions: A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption.

G. Correspondence: All writings distributed for discussion or consideration at a public meeting are public records.

H. Special meetings: Special meetings may be called by the Mayor or a majority of the City Council with strict notification requirements for delivery to the media and the City Council 24 hours before the time of the meeting.

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19 I. Emergency meetings: Emergency meetings may be called without notification due to the disruption or threatened disruption of public facilities. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings.

J. Other provisions: The Brown Act provides many other restrictions and requirements; this chapter is intended merely as a City Council summary and overview, and nothing in this Chapter supersedes the provisions of the Brown Act. Please check with the City Attorney and/or the City Clerk for more information.

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21 CH APTER 4
City Council Communications
Overview
Perhaps the most fundamental role of a councilmember is communication— communication with the public to assess community opinions and needs— communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking as a councilmember. Equally important, when members are expressing personal views and not those of the City Council, the public should be so advised.

Councilmember correspondence
Members of the City Council may occasionally be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Correspondence sent on behalf of the City Council is placed on official City letterhead and is signed by the Mayor or City Manager. Individual members of the City Council may prepare letters to constituents in response to inquiries or to provide requested information. Individualized councilmember letterhead can be made available for this purpose, and staff can assist in the preparation of such correspondence.

Councilmembers are required to provide copies of any correspondence on City letterhead to every councilmember and the City Manager.

On occasion, members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should use their personalized letterhead and clearly indicate within letters that they are not speaking for the City Council as a whole, but for themselves as one member of the City Council.

After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized in order to avoid confusion. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.
councilmembers may be asked to prepare letters of recommendation for students and others seeking appointment. It is appropriate for individual councilmembers to utilize City letterhead and their City Council titles for such letters. No review by the full City Council is required, however, copies will be kept on file.

Speaking for “the City”
Similar to written correspondence, when members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the Page I-2.35
22 position of the City Council as a whole. Of course, a councilmember may clarify their vote on a matter by stating, for example, “While I voted against “X,” the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual councilmember.

When dealing with members of the media, it is usually the Mayor who represents the position and interest of the City Council. When the City Manager or Department Heads are contacted, they too will refer the media first to the Mayor for comment. Similarly, when the City issues a Press Release, the Mayor is consulted in terms of any councilmember quotes or references. The City Manager decides whether staff are available to respond to media requests directly or not.

Local ballot measures
At times, measures that affect City Council policy may be placed on the ballot. There are restrictions regarding what actions a City Council or individual councilmembers may take on ballot measures. Guidelines as to what is permissible are available from the City Clerk or City Attorney upon request.

State legislation, propositions
The City has been a member of the League of California Cities for many years. In addition, the City has a representative on the City/County Association of Governments (C/CAG). Both of these groups actively track legislation at the state level. Either through the advisories received from these two organizations or as a result of City staff following key legislative bills of importance to the City, the Council is at times requested to take a position or an action on pending state legislation. Unless Council has previously acted on a similar bill in the recent past, in which the City’s position is clear, the Council has a practice of requiring analysis and discussion of bills before taking an official position.

The analysis includes a summary of the legislation’s purpose and a listing of those entities both in support of and against the proposed legislation. As a framework for screening bills that are pending to determine if the City should weigh in, Appendix B serves as a Legislative Policy Guide, with the explicit understanding that the City will express itself on legislation dealing with issues that will directly effect its financial stability or effective operation, and that the City may enter into alliances with other entities to promote common goals.

Proclamations
Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but a manner in which the city can make special recognition of an event (e.g., Recycling Week) or individual. As part of his/her ceremonial responsibilities, the Mayor is charged with administration of proclamations. Individual councilmembers do not issue proclamations. Proclamations can be sent to the requester or presented at a City Council meeting as arranged with the requesting body and at the Mayor’s discretion.

CH APTER 5
Interactions with City Staff
Overview
City Council policy is implemented on a daily basis through staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so that policies and programs may be implemented successfully. The City of Menlo Park has a long tradition of positive relationships between councilmembers and city staff. To maintain these effective relationships it is important that roles are clearly recognized.

Council-Manager form of government
Like most California cities, Menlo Park has adopted a City Council-City Manager form of government. The Council appoints a City Manager to implement policy, enforce laws, direct the daily operations of city government, and prepare and monitor the municipal budget. The Municipal Code specifies roles and responsibilities and requires that councilmembers work through the City Manager in dealing with City staff unless simply requesting information from department heads or other staff members. The City Manager is responsible to the City Council as a body rather than to individual councilmembers.

Council-Manager relationship
The employment relationship between the City Council and the City Manager reflects the fact that the City Manager is the chief executive officer of the City. The City Manager has an employment agreement with the City Council. Regular communication between the City Council and City Manager is important in maintaining effective interpersonal relations. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Councilmembers should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more councilmembers. Further, councilmembers should avoid involving themselves in matters regarding individual City employees or related affairs.

The City Council evaluates the City Manager’s performance on a regular basis to ensure that both the City Council and City Manager are in agreement about organizational performance and priority goals that are based on mutual trust and common objectives.

As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with City Council in various ways. In addition to the formal City Council meetings, there are periodic briefing meetings with individual councilmembers and written memoranda and email. Communication must be undertaken in such a way that all councilmembers are treated similarly and kept equally informed. It is also important that the City Council provide ongoing feedback, information and perceptions to the City Manager including responses to written communications and surveys requesting feedback in a timely manner.

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23 City Manager code of ethics
The City Manager is subject to a professional code of ethics that binds the City Manager to certain practices that are designed to ensure his or her actions are in support of the City’s best interests. Violations of such standards can result in censure. Appendix D is a copy of the City Manager’s Code of Ethics.

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

Roles and information flow
Objectives: It is the intent of staff to ensure councilmembers have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual councilmembers, and to allow staff to execute the priorities given by management and the City Council as a whole without fear of reprisal.

City Council roles: The full City Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, service levels, workloads and schedules, departmental priorities, and the performance of City business. Councilmembers who wish to influence the actions, decisions, recommendations, workloads, work schedule and priorities of staff, must receive support from a majority of the City Council to do so as a matter of City Council policy.

Should a councilmember become dissatisfied about a department, he/she should always talk it over with the City Manager. Concerns about a department head must be taken to the City Manager only.

Access to information: Individual councilmembers as well as the City Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager or appropriate staff will inform council when a critical or unusual event occurs about which the public would be concerned.

To assist the City Manager in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through email. And to ensure proper responsiveness, councilmembers are asked to “cc” both the department head and the City Manager on all correspondence with staff.

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24 There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to councilmembers. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to councilmembers.

Councilmembers have a responsibility in this information flow as well. It is critical that they make use of staff reports and commission minutes. Councilmembers should come to meetings well prepared – having read staff reports and attachments, and requesting in advance any necessary and available information from staff. Councilmembers with questions on an agenda item should preferably contact staff before the meeting in order to allow staff members time to research a response for the meeting.

Staff roles: The City Council recognizes the primary functions of staff as serving the community, executing City Council policy and actions and in keeping the City Council informed. Staff is obligated to take guidance and direction only from the City Council as a whole or from the appropriate management supervisors through the City Manager.

Staff is directed to report to the City Manager any attempts by individual councilmembers to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations.

City staff will make every effort to respond in a timely and professional manner to all requests made by individual councilmembers for information or assistance; provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council. Requests from an individual councilmember determined by the City Manager to take one hour or more of staff time to complete, may be included on the formal City Council agenda for full City Council discussion.

Information distribution
In cases where a staff response to an individual councilmember request involves written materials that may be of interest to other councilmembers, the City Manager will provide copies of the material to all other councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the City Council or of interest to the City Council.

Magnitude of information requests
Any information, service-related request, or revised policy position perceived as necessary by individual councilmembers, and that cannot be fulfilled based on the above guidelines, should be submitted by the individual councilmember in writing to the City Council as a whole. When raised at a City Council meeting, the full City Council can decide whether and when to agendize the request for further consideration. The City Manager will seek necessary clarification as to whether the City Council desires staff research or a report prepared; and, if so, the relative priority that should be given to such a request in light of other priorities and potential workload impacts.

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25 Page I-2.39
26 Staff relationship with advisory bodies
Staff support and assistance is typically provided to commissions and task forces.

However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and the City Council. The members of the commission/ board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with City policies and practices as outlined in the Commission Handbook.

Staff support often includes preparation of an agenda and its posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation and appropriate backup materials, if necessary.

Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person may take minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.

It is important that advisory bodies wishing to communicate recommendations to the City Council do so through approved City Council agenda procedures. In addition, if a commission wishes to correspond with an outside agency, that correspondence will be prepared by staff for review by the City Manager and approval by the City Council.

Individuals who would like staff to perform research or for the commission to review a particular issue must gain the approval for such a request from the full City Council before any work is planned or done. Each Commission establishes a 2-year work plan that is in line with the City Council's goals, which guides the commissions' activities and projects.

Restrictions on political involvement by staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles of the Council-Manager form of government, formulates recommendations in compliance with City Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fundraisers or other means.

By working for the City, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. Different restrictions apply to management and to general employees.

General employees have no restrictions while off the job. No participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities in a City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate. The support of the City Council in these matters is requested. A councilmember asking staff to sign petitions or similar items can similarly create an awkward situation.

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27 For management staff, the City Manager strongly discourages any involvement in a local campaign even while on personal time. Such involvement could erode the tenet that staff is to provide an equal level of service to all councilmembers. The City Manager specifically prohibits any political involvement in local campaigns by department heads.

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28 CH APTER 6
Support provided to City Council
Staff support
General administrative support to councilmembers is provided through the City Manager’s Office. Administrative services including scheduling of appointments and receipt of telephone messages are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Should requested tasks require significant time commitments, prior consultation with the City Manager is requested.

Office equipment/technology
To enhance councilmembers’ ability to communicate with staff and the public, the City Council office is equipped with a computer and telephones with voicemail. The City Council can also receive and send email and faxes.

Councilmembers may be connected from their home to the City’s computer network.

Information Technology staff will provide initial assistance in setting up necessary software and hardware. While staff will maintain those computer applications related to City affairs, staff cannot provide assistance for personal computer applications. Each councilmember is provided the use of a tablet device. When individual councilmembers have completed their term of office, any technology must be returned to the City.

These technologies facilitate efficient communication by councilmembers. However, their use also raises important legal issues to which councilmembers must pay special attention. First, the Brown Act prohibits elected officials from using “technological devices” to develop a concurrence by a majority regarding an action to be taken by the legislative body. “Technological devices” under the Brown Act include phones, faxes, computer email, public access cable TV and video. Councilmembers should not use email, faxes or phones for communicating with other councilmembers in order to develop a majority position on any particular issue that may come before the full City Council. Particular caution is advised when using or responding to email received via the “CCIN” feature on the City’s website and email directory. Correspondence sent using CCIN automatically goes to all five councilmembers, certain staff and to the local newspapers.

Second, be aware that most emails sent by councilmembers probably are public records under the Public Records Act. Even though it does not create paper, sending email is more similar to mailing a letter than placing a telephone call. The information in the email is stored on the computer network until deleted, and may continue to exist on the network’s backup systems even after being deleted. As a result, emails can become records of the City maintained in the course of business, and thus available for public disclosure under the Public Records Act.

Finally, the City’s email system is intended for the conduct of official business, and not for political reasons. See CHAPTER 8 for a detailed discussion on the prohibition against using City property and funds for personal or political purposes.

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29 Meeting rooms
An office is available adjacent to the City Manager’s Office for shared use by councilmembers. Councilmembers can also reserve larger meeting space for use by contacting the City Manager’s Office staff.

Mail and deliveries
Councilmembers receive a large volume of mail and other materials from the public, private interests and staff. The City Manager’s Office staff maintains a mailbox for each councilmember. Meeting agenda materials are available for pick up Thursday evenings and are posted on the City’s website. Councilmembers are encouraged to return unwanted binders, reports and documents to staff.

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30 CH APTER 7
Financial Matters
City Council compensation
State law and the Municipal Code provide for modest compensation to councilmembers.

State law limits an increase in City Council salaries to 5 percent per year, effective only following the next election after adoption. Currently, councilmembers receive a stipend of $640 per month. Councilmembers are also eligible for participation in group insurance benefits including retirement, medical, dental, vision, and life insurance plans available at the level provided to management employees.

Expenditure allowance
The annual city budget includes limited funding for members to undertake official City business. Eligible expenses include travel for attendance at conferences or educational seminars, and the purchase of publications and annual subscriptions. Travel expense reimbursement for meals does not allow reimbursement for alcohol. Donations to organizations are not eligible nor are meals for individuals other than councilmembers.

Available funds are disbursed on a first come first served basis, with the Mayor and City Manager monitoring expenses during the year. City Council Policy #CC-91-0002 pertains to travel and meeting expenses.

Expenditure guidelines
It is important to note that any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen.

City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Manager’s Office monthly with receipts. Expenditure records are public information. Questions arising as to the proper application or interpretation of the adopted policy will result in the City Manager conferring with the Mayor.

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31 CH APTER 8
Conflicts and Liability
Conflict of interest
State laws are in place to prevent an action by a councilmember that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a councilmember believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a councilmember’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution.

There are two primary laws that govern conflicts of interest for public officials in California - the Political Reform Act and Government Code §1090. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official; §1090 prohibits a public official from having an interest in government contracts.

The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. Once a year councilmembers and certain staff are required to file statements of economic interests.

Government Code §1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by §1090 are different from those in the Political Reform Act. A councilmember having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating §1090 are severe. If a councilmember believes that he or she may have any financial interest in a contract that will be before the City Council, the councilmember should immediately seek advice from the City Attorney or the councilmember’s personal attorney.

There are a number of other restrictions placed on City Council actions that are highlighted in the League of California Cities’ Guide. Such restrictions include prohibitions on secrecy and discrimination as well as assurance that all city funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual councilmembers.

City Attorney advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide

binding interpretations on such matters is the State Fair Political Practices Commission (FPPC). Individual councilmembers or the full City Council may also solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and may not readily respond to urgent matters. It is important to note that the City Attorney does not represent individual councilmembers, but the City Council as a whole.

Conflict of interest forms
Annual disclosure statements are required of all councilmembers, designated commissioners and senior staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts. councilmembers and the City Manager often serve on the governing board of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.

Liability
The City is a large institution offering a variety of services and may occasionally find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a City since the accident occurred on a City roadway. The City must always approach its responsibilities in a manner that reduces risk to all involved; however, with such a wide variety of highprofile services all risk cannot be eliminated. The City belongs to an agency with other governments to manage insurance and risk activities.

It is important to note that violations of certain laws and regulations by individual councilmembers may result in that councilmember being personally liable for damages that would not be covered by the City’s insurance. Examples may include discrimination, harassment or fraud.

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32 Page I-2.46
33 CH APTER 9
Additional Training and Resource Materials
League of California Cities
The League is an association of virtually all cities in California. It provides many services including the production of educational conferences for local officials, publication of various newsletters and the monthly magazine Western City. The League has lobbyists on staff to represent the interest of cities before the state Legislature and federal government and supports committees having local officials as members that are organized to address issues as they arise. The City of Menlo Park participates in League activities through the Peninsula Division.

The League of California Cities produces a number of publications on substantive issues in city and local government. These publications are available for purchase from the League.

Local Government Commission
The Commission is a California-based organization that focuses largely on planning and resource conservation issues. It conducts workshops, offers periodic seminars and publishes newsletters.

International City/County Management Association (ICMA) ICMA is a professional association of local government chief executives/city managers.

The association has an extensive list of publications to assist local officials.

Institute for Local Government (ILG)
The Institute for Local Government also produces publications. For ILG publications please go to www.ca-ilg.org/publications.

______________
APPENDIX A – Reference Guide to Motions
Type of Motion Second
Required Debatable Amendable
Priority Over
Pending
Motion Reconsider
Interrupt
Speaker
Adjourn Y n/a n/a Y n/a n/a
Amend or Substitute 1 Y Y Y Y Y n/a
Appeal Y Y n/a n/a Y Y
Call the Question 7 Y n/a n/a Y n/a n/a
Take Up New Business
Past 12 pm 8
Y Y n/a Y n/a n/a
Limit Debate Y n/a Y Y
Except
“table”
Y n/a
Main Motion Y Y Y n/a Y n/a
Nominations n/a Y n/a n/a n/a n/a
Personal Privilege or
Point or Order
n/a n/a n/a Y Y Y
Postpone to Time
Certain
Y Y Y Y Y n/a
Previous Question Y n/a n/a Y Y n/a
Recess or Adjourn to
Time Certain
Y Y Y n/a n/a n/a
Reconsider Y2 Y3 n/a n/a n/a 4
Table or Take From
Table
Y n/a n/a Y5 n/a n/a
Take up Out of Order Y n/a n/a n/a n/a n/a
Withdraw a Motion 6 n/a n/a n/a Y Y Y
“Y” indicates that this action can be taken, is necessary, is required, is permitted or is applicable “n/a” indicates that this action cannot be taken, is unnecessary or is inapplicable 1 Limit of three substitute motions.
2 May only be made by a person who voted on prevailing side; not applicable to “table” motions. Must be made within two meetings of original action.
3 If prior motion was debatable.
4 Except for request for later action.
5 Highest subsidiary motion – takes precedence over all motions except adjourn and privilege. 6 Must be voted unless there is no objection.
7 Requires 4/5 vote.
8 Requires ¾ vote taken by 11:00 p.m. to extend beyond midnight.

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APPENDIX B

LEGISLATIVE POLICY GUIDE
The City Council of Menlo Park believes:
• In conducting the business of government with openness, respect, and civility, and including the involvement of all stakeholders in establishing goals and in solving problems.
• The vitality of cities is dependent upon ·their fiscal stability and local autonomy, and that local self-governance is the cornerstone of democracy.

Therefore:
. ..
• The City supports legislation that reflect~ the nee-d to conduct the public's business in public.
• The City opposes legislation that mandates costly and unnecessary procedures. • The City supports the use of the general plan as a guide to meeting community planning needs, and opposes mandatory r-eview or approval by another level of government and legislation that restricts the land use authority of cities. • The City emphasizes efficiency and sffectiveness to achieve the best possible use of city resources and believes the state should implement fiscal and legislative reforms in order to allow local government to adequately finance its service responsibilities, with accountability to the taxpay!3rs for its programs.
• The City supports additional funding for local transportation and other critical unmet infrastructure needs and enhanced autonomy for local transportation decision-making. • The City supports strategic alliances with counties, schools, other cities and local agencies, nonprofit and civic organizations and business and professional associations.·
September 2005
32 Page I-2.49
CC86
cc 90-001 cc 91-0001 cc 91-0002 cc 91-0003 cc 92-0002 cc 92-004 cc 93-001 cc 01-0004 cc 02-0003

APPENDIXC
City Council Policies
_Naming and/or Changing the Name of Facilities
Tenant/Landlord & Dispute Resolution Service
Board and Commission Attendance Policy
Travel, Meeting, _Conference, Training and Meal Expenses City Cou~cil Meeting Procedures Commuter Check Program
TransportatiC?n Allowance Program
. Award Authority for Purchases and Professional Services Selection of Mayor
Anti-Harassment and Non-Discrimination Policy
Commission/Committees Policies and Procedures and
Roles and Responsibilities
Veteran's Preference Policy
33 ethics
Appendix D
ICMA Code of Ethics with Guidelines
The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in October 2019. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2019.

The mission of ICMA is to advance professional local government through leadership, management, innovation, and ethics. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:

Tenet 1. We believe professional management is essential to efficient and democratic local government by elected officials.

Tenet 2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant.

GUIDELINE
Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities.

Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.

GUIDELINES
Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.

Influence. Members should conduct their professional and personal affairs in a manner that demonstrates that they cannot be improperly influenced in the performance of their official duties.

Length of Service. For chief administrative/executive officers appointed by a governing body or elected official, a minimum of two years is considered necessary to render a professional service to the local government. In limited circumstances, it may be in the best interests of the local government and the member to separate before serving two years. Some examples include COPYRIGHT © 2019 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED.

Page I-2.50

refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or significant personal issues. It is the responsibility of an applicant for a position to understand conditions of employment, including expectations of service. Not understanding the terms of employment prior to accepting does not justify premature separation. For all members a short tenure should be the exception rather than a recurring experience, and members are expected to honor all conditions of employment with the organization.

Appointment Commitment. Members who accept an appointment to a position should report to that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time. However, once a member has accepted a formal offer of employment, that commitment is considered binding unless the employer makes fundamental changes in the negotiated terms of employment.

Credentials. A member’s resume for employment or application for ICMA’s Voluntary Credentialing Program shall completely and accurately reflect the member’s education, work experience, and personal history. Omissions and inaccuracies must be avoided.

Professional Respect. Members seeking a position should show professional respect for persons formerly holding the position, successors holding the position, or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity.

Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report possible violations to ICMA. In reporting the possible violation, members may choose to go on record as the complainant or report the matter on a confidential basis.

Confidentiality. Members shall not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics.

Seeking Employment. Members should not seek employment for a position that has an incumbent who has not announced his or her separation or been officially informed by the appointive entity that his or her services are to be terminated. Members should not initiate contact with representatives of the appointive entity. Members contacted by representatives of the appointive entity body regarding prospective interest in the position should decline to have a conversation until the incumbent's separation from employment is publicly known.

Relationships in the Workplace. Members should not engage in an intimate or romantic relationship with any elected official or board appointee, employee they report to, one they appoint and/or supervise, either directly or indirectly, within the organization.

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This guideline does not restrict personal friendships, professional mentoring, or social interactions with employees, elected officials and Board appointees.

Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual orientation.

Tenet 4. Serve the best interests of the people.

GUIDELINES
Impacts of Decisions. Members should inform their governing body of the anticipated effects of a decision on people in their jurisdictions, especially if specific groups may be disproportionately harmed or helped.

Inclusion. To ensure that all the people within their jurisdiction have the ability to actively engage with their local government, members should strive to eliminate barriers to public involvement in decisions, program, and services.

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

GUIDELINE
Conflicting Roles. Members who serve multiple roles – working as both city attorney and city manager for the same community, for example – should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited.

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

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

GUIDELINES
Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.

Page I-2.52

Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive.

Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities.

Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office.

Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond.

Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.

Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.

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

GUIDELINES
Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis.

Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA.

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

Page I-2.53

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

GUIDELINE
Information Sharing. The member should openly share information with the governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation.

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

GUIDELINE
Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status.

It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations.

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

GUIDELINES
Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part.

The term “Gift” includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.

Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member’s official duties or serve a legitimate public purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.

The guideline is not intended to apply to normal social practices, not associated with the member’s official duties, where gifts are exchanged among friends, associates and relatives.

Page I-2.54

Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in fact or appearance, with their official duties.

In the case of real estate, the use of confidential information and knowledge to further a member’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”).

Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, the member should make full disclosure and/or recuse themselves prior to any official action by the governing body that may affect such investments.

This guideline is not intended to prohibit a member from having or acquiring an interest in or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member’s family of a de minimus percentage of a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.

Personal Relationships. In any instance where there is a conflict of interest, appearance of a conflict of interest, or personal financial gain of a member by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the organization. For example, if the member has a relative that works for a developer doing business with the local government, that fact should be disclosed.

Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties.

Information that may be in the public domain or accessible by means of an open records request, is not confidential.

Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.

Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.

Page I-2.55

Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.

Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, whether the member is compensated or not for the member’s support. Members may, however, provide verbal professional references as part of the due diligence phase of competitive process or in response to a direct inquiry.

Members may agree to endorse the following, provided they do not receive any compensation:
(1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest.

Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.

Page I-2.56

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 28, 2023
AGENDA ITEM K-1
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Page K-1.1

LEAGUE OF

CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly Page K-1.2

LEAGUE OF

CALIFORNIA
CITIES
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Page K-1.3

I.______ _JI CITY: ________________________________________ 2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: Email: ______________________________
Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

Email: _______________________________ Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Page K-1.4
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

••• ----.► G
••• G The petitioned resolution
is an alternate method
to introduce policy
proposals during the
Prior to the Annual Conference and Expo
General Resolutions
Sixty days before the Policy Committees
Annual Conference and The Cal Cities President
Expo, Cal Cities members assigns general resolutions may submit policy to policy committees where proposals on issues of members review, debate, importance to cities. The and recommend positions for resolution must have the concurrence each policy proposal. Recommendations are of at least five additional member cities forwarded to the Resolutions Committee. or individual members.

During the Annual Conference and Expo
Petitioned Resolutions
annual conference. The are next considered by the General petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

General Assembly
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

What’s new in 2023?
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

Who’s who
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Page K-1.5
For more information visit www.calcities.org/general-assembly

Menlo Park City CouncilAugust 29, 2023

Menlo Park City Council
August 29, 2023