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 twelfth day of September, 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 September, 2023.
Judi A. Herren, City Clerk
Page K-2.6
ATTACHMENT C
Picture of rectangular rapid flashing beacon and new islands restricting left turns that were installed in June 2022
Page K-2.7
ATTACHMENT D
Page K-2.8
- 0. BY. DATE
RELOCATE RXR PAVEMENT MARKINGS-;-----:-++-
AND W10-1 AND W48(CA) SIGNAGE
FROM 350' TO 100' UPSTREAM OF
EXISTING STOP BAR
RELOCATE STOP BAR TO 8'
UPSTREAM OF WARNING DEVICE
CITY OF MENLO PARK R/W
CAL lRAIN R/W
REFRESHED AND REALIGNED
CHANNELIZATION STRIPING
OVER TRACKS (TYPICAL)
REVISIONS
D£SCRPTION
REVISIONS
DESCRIPTION
!µ.,.>j...-1-----1-------------11-'.'1--l----1---------~!II ME°NLO PARK 6 PROPOSED CASE A CURB RAMP
AND CROSSWALK STRIPING
CITY OF MENLO PARK R/W
CAL lRAIN R/W
PROPOSED VEHICULAR ASSEMBLY, EMERGENCY EGRESS GA TE, AND
PEDESTRIAN ASSEMBLY PER CAL TRAIN
STANDARD CONFIGURATION (TYPICAL)
RB AND GUTTER TO 10'
TRACKS (TYPICAL)
EXISTING RXR PAVEMENT MARKINGS AND
W10-1 AND W48(CA) SIGNAGE LOCATED
215' UPSTREAM OF STOP BAR
0 10 20 40 ,<?-
GRAPHIC SCALE IN FEET
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GENERAL NOTES:
1. ALL EXISTING PAVEMENT
MARKINGS TO REMAIN IN PLACE
UNLESS OTHERWISE NOTED.
2. ALL EXISTING SIGNS TO REMAIN
IN PLACE UNLESS OTHERWISE
NOTED.
3. EXISTING COMBINED VEHICULAR
AND PEDESTRIAN GA TE ARM
ASSEMBLIES TO BE UPGRADED
TO TWO SEPARATE ASSEMBLIES.
WORK TO BE PERFORMED BY
CAL TRAIN.
4. FLASHING LIGHT PAIRS TO BE
ORIENTED IN THE DIRECTION OF
TRAVEL.
SIGN LEGEND:
LEGEND
,::11::; DETECTABtE WARNING SURFACE
ASPHALT CONCRETE PA\'£MENT
CONCRE1E SIDEWA!.K
NON-lRAVERSABLE SURFACE
HANDRAIUNG
CONCEPTUAL DESIGN - NOT FOR CONSlRUCllON
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MENLO PARK QUIET ZONE STUDY
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CHECKED BY:
APPROVED BY:
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OAK GROVE AV XING
CONCEPTUAL DESIGN LAYOUT
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MENLO PARK
ATTACHMENT E
Public Works
August 31, 2023
Local Businesses
Merrill Street, Oak Grove & Garwood Way
Menlo Park
RE: Potential Turn Restrictions on Oak Grove Avenue
Local Business Owners,
In the summer of 2022, at the direction of City Council, the City installed medians to restrict turns from Merrill Street and Garwood Way onto Oak Grove Avenue to address potential safety issues arising from expected increases in travel from new development in the area.
Over the last year, the City has been conducting a Quiet Zone study (https://menlopark.gov/quietzone) that would significantly reduce the use of train horns in Menlo Park. During field work for that study, the California Public Utility Commission, the agency that manages railroad crossings, asked the City to address queueing onto the railroad tracks caused by left turns from westbound Oak Grove Avenue to Merrill Street. On April 25, 2023, staff presented the findings of the study and received direction from City Council to pursue left turn restrictions from Oak Grove Avenue onto Merrill Street and Garwood Way. On September 12, 2023, staff will be presenting an item for City Council to consider installing these turn restrictions.
Staff understand that patrons of local business will be impacted by these turn restrictions and have prepared the attached exhibit to explain the restrictions and to provide information about nearby parking opportunities.
If you would like to meet to discuss these changes, please reach out to me at [email protected] or (650) 330-6741.
Sincerely,
Hugh Louch
Assistant Public Works Director – Transportation
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-2.9
ALMA ST CHERRY A
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JOHNSON LN
DOYLE ST
MALONEY LN
MERRILL ST
ALMA LN
MILLS ST
NOEL DR
LAUREL ST
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W O O
D AV E
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EL CAMINO REAL
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Oak Grove Ave. Left Turn Restrictions -
Timed Parking
No Limit
30 min
1 hr
2 hr
4 hr
0 17085
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Santa Cruz Downtown
Canteen
Caltrain Station
Parking & Circulation
Barebottle Brewing
Jason
Cafe
Andytown Coffee
Burma Love
FEY
Naomi Sushi
Marriott Residence Inn
P
Son & Garden
Farmhouse Kitchen
FedEx
Philz
Coffee
McDonald's
Springline Complex
Martin Wealth Mgmt
Coldwell Banker
Little Sky Kitchen
Cafe Borrone
Kepler's Books
British Banker's Club
Sapphire Ventures
Proper Food
OAK GROVE AVE OAK GROVE AVE
Saint Frank Coffee
-Left turns would be prohibited from Oak Grove Avenue to Merrill Street and Garwood Way
- Short term parking is available in surface lots and at Springline and underground at Springline and Menlo Center.
P P
P P Parking Lots
2 minute walk
5 minute walk
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Page K-2.10
OAK GROVE LEFT TURN RESTRICTIONS
City Council – September 12, 2023
K2-PRESENTATION
AGENDA
Background Safety concerns Outreach Proposed change Oak Grove Avenue
– Neighborhood Collector– About 9,000 vehicles per day– Significant ped, bike, and transit use Springline development extended
Garwood Way, aligned with Merrill Street
2021 – City Council approved left turn
restrictions from Merrill Street and Garwood Way to Oak Grove Avenue
BACKGROUND
3 Complex intersection due to proximity of railroad tracks to Garwood Way/Merrill Street, significant use by all modes of travel Vehicles stop on railroad tracks due to left turns to Merrill Street – CPUC has identified this as an issue the City needs to resolve Non-compliance with existing turn restrictions SAFETY CONCERNS 4 Letters/in person
outreach to businesses
Some concerns about
the impact on businesses
Substantial parking
within 2 to 5 minute walk
OUTREACH
5 Extend existing median to eliminate left turns
RECOMMENDATION
6 Existing median Extended Median
THANK YOU
,.
MENLO PARK
AGENDA ITEM K-3
Administrative Services
STAFF REPORT
City Council
Meeting Date: 9/12/2023
Staff Report Number: 23-197-CC
Regular Business: Receive and file report on labor relations and receive public input on upcoming labor
negotiations with Service Employees International
Union Local 521, Temporary Employees Unit
Recommendation
Receive and file report on labor relations and receive public input on upcoming labor negotiations with Service Employees International Union Local 521, Temporary Employees Unit (SEIU).
Policy Issues
This report is prepared in accordance with City Council Procedure #CC-11-0001, public input and outreach regarding labor negotiations (Attachment A).
Background
The collective bargaining agreement for temporary employees, who are represented by SEIU, had a term of Oct. 26, 2008, through Oct. 22, 2011. The parties have not bargained on a successor agreement since the labor agreement expired in 2011, and the terms of the existing agreement have remained in place. SEIU has submitted a request to commence negotiations. The City currently employs approximately 93 temporary employees. In a typical year, the City hires 20-30 seasonal temporary employees. SEIU represents those employees who work at least two hundred and eight (208) hours per year, specifically excluding City Councilmembers, police reserves and other temporary staff assigned to public safety functions, classifications contained in other bargaining units, and independent contractors. SEIU also represents the non-sworn frontline personnel at the City through a separate collective bargaining agreement, which was recently adopted by the City Council with a term of July 11 through June 30, 2026.
Analysis
This report transmits personnel and process information to members of the City Council, the subject bargaining unit, and the public to inform upcoming labor negotiations with SEIU. If the parties cannot agree on a successor agreement, the terms of the existing agreement remain until modified pursuant to Statemandated impasse procedures or successful negotiation of a successor agreement.
Labor contract negotiations are governed by the Meyers-Milias-Brown Act (MMBA), Government Code §3500. MMBA requires that local agencies meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized collective bargaining units. MMBA further requires that the City fully consider proposals made by collective bargaining unit representatives before arriving at a determination of policy or course of action.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-3.1
Staff Report #: 23-197-CC
Negotiable items with direct costs
Base pay. Temporary employees receive an hourly wage within a pay range. The pay ranges for temporary employees are set at the rates specified in the memorandum of understanding (MOU) for permanent SEIU employees (Attachment B), with exceptions for hourly maintenance workers, officials and referees. There are no steps associated with the pay ranges for temporary employees, so employees may be placed anywhere within the range. Employees in this unit are eligible for overtime at one and one-half (1.5) times the employee’s regular pay rate.
Base pay for each employee may change due to negotiated general salary increases (GSIs), also known as cost-of-living adjustments (COLAs), or merit-based performance adjustments.
Additional pay. Temporary employees are also eligible for the following pay differentials:
1. Bilingual differential – Employees who are assigned to job duties requiring bilingual skills are eligible to receive 81 cents ($0.81) per hour above their regular pay rate.
2. Night and weekend differential – Employees assigned to work in the library on weekdays after 5 p.m. or before 8 a.m. or on Saturdays and Sundays receive 5% above their regular pay rate for those hours.
Employees assigned to work in the police department assigned to swing, midnight, relief or day shift on the weekend receive 5% above their regular pay rate for those hours.
Benefits. Temporary employees receive paid time off at the rate of 0.034 hours per hour worked.
Additionally, the City provides uniforms to all temporary employees who are required to wear one.
Retirement. All temporary employees earn Social Security credits, unless they are enrolled in CalPERS.
Temporary employees who work on an hourly basis and work more than one thousand (1,000) hours in a fiscal year become eligible for CalPERS membership. Once an employee is a member of CalPERS, they remain a member permanently. Currently, there are 16 temporary employees enrolled in PERS.
Other fringe benefits. Other fringe benefits include Medicare and workers’ compensation insurance.
Table 1 on the following page outlines the estimated expenditure breakdown for SEIU temporary employees in fiscal year 2023-24.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-3.2
Staff Report #: 23-197-CC
Table 1: Estimated FY 2023 24 SEIU
temporary employees unit personnel costs
Type Total
Salary
Base $1,320,187
General salary increase (GSI)* $13,202
Salary total $1,333,389
Other benefits
Medicare $19,334
Workers' compensation $33,335
Other benefits total $52,669
SEIU temporary unit total $1,386,058
*Estimated cost of 1% pay increase
Attachment C provides a web link to a Citywide benefits summary by group, which includes a comparison of retirement, health benefits, leaves, special pays, allowances and other fringe benefits.
Negotiable items with indirect costs
In addition to the direct costs outlined above, indirect costs items are also open to negotiation. Either side may seek changes in other factors subject to MMBA, such as tools and equipment, employee engagement and retention efforts, and professional development opportunities.
Roles during labor contract negotiations
The following provides an overview of major roles in the process to promote understanding of the labor contract negotiation process:
City Council. The City Council designates the City’s chief negotiator, authorizes the City’s initial bargaining position, considers proposals made by collective bargaining unit representatives through the chief negotiator, and ultimately approves a successor agreement. City Council receives data, analysis, and recommendations from the city manager and designated City staff. City Council Procedure #CC-11-0001, establishes early release requirements for all matters about labor negotiations. Other than approving the successor agreement, the City Council may elect to hold all labor negotiations discussions in closed session.
Chief negotiator. The chief negotiator leads labor agreement discussions, prepares all proposals, counterproposals, and tentative agreements and is authorized to execute tentative agreements consistent with negotiating authority granted by City Council. The chief negotiator also consults the city manager, or designee, on workplace impacts of proposals, counter-proposals and tentative agreements.
City manager. The city manager is responsible for the efficient administration of all City services, and administration of the City Council approved budget. In the negotiations process, the city manager advises City Council and the chief negotiator on management matters subject to MMBA. The city manager also advises on recruitment and retention tools, employee engagement, and emerging trends in regional workforce management. The city manager designates city staff to support the chief negotiator.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-3.3
Staff Report #: 23-197-CC
Designated city staff. Labor negotiations can be a time-intensive process requiring significant preparation, coordination, analysis and follow-up work. The city manager typically will assign the assistant city manager, administrative services director, human resources manager, and a management analyst to support the process. To the greatest extent possible, information about labor negotiations is limited to individuals authorized by the city manager, such as how a proposal might impact operations.
Collective bargaining unit’s chief negotiator. Each bargaining unit identifies a chief negotiator. The City’s negotiating team commits to communicating only with the bargaining unit’s chief negotiator unless otherwise authorized by the bargaining unit’s chief negotiator.
Collective bargaining unit negotiating team. Each bargaining unit identifies a negotiating team of active City employees to advise their collective bargaining unit’s chief negotiator through the labor contract negotiations process. The negotiating team typically meets amongst itself and is also present during all negotiation meetings.
Negotiations calendar and process
The City’s chief negotiator and City management will provide the City Council with a negotiation strategy and initial bargaining authority recommendation at their Sept. 26 closed session. Time on the City Council’s tentative agenda is reserved for closed sessions at each regular meeting after that to ensure City Council agenda capacity for labor negotiation conversations.
City Council will provide the City negotiator with direction to engage SEIU under the MMBA requirement to negotiate successor agreements with recognized employee groups. The first meeting between the two parties typically includes:
• Introductions
• Ground rules for negotiations
• Future meetings and time constraints
• Discussion of material contained in this report
• Discussion of any additional information requests from the bargaining unit • Preliminary discussion of interest areas on both sides Since the existing agreement expired in 2011, the following calendar is illustrative in nature, identifying key dates in order to adopt a successor agreement with SEIU before the end of the calendar year:
• Aug. 28 – City staff release report on negotiations with SEIU • Sept. 12 – Members of the public offer their input on the City’s negotiations position for City Council consideration
• Sept. 26 – City Council meets in closed session, confirms negotiating teams, and provides initial bargaining authority to chief negotiator
• Sept. 27 through Oct. 31 – City and SEIU negotiate successor agreement • Nov. 10 – Estimated deadline for SEIU membership to ratify tentative successor agreement for effective date of Jan. 1, 2024
• Nov. 20 – Staff release report for ratified tentative successor agreement with SEIU • Dec. 5 – Public meeting for City Council to consider ratification of a successor agreement with SEIU effective Jan. 1
Resources available to City Councilmembers
Attachment D, “Understanding the Labor Negotiations Process produced by the Institute for Local Government,” further describes the roles, process and requirements of labor negotiations.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-3.4
Staff Report #: 23-197-CC
Impact on City Resources
There are no impacts on City resources as a result of receiving input on this issue. The cost of negotiating this contract is estimated at approximately $10,000, inclusive of the chief negotiator’s fees, if an external negotiator is utilized, legal review and internal staff time. Additional consulting services may be required depending on the scope of negotiation. City Council will meet in closed session to provide direction to the City’s negotiating team. The negotiators will meet and confer with the SEIU negotiation team to reach a tentative agreement. Once a tentative successor agreement is ready for City Council ratification, the fiscal impact of that tentative agreement will be released 15 days before the City Council vote at a public meeting.
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 report 15 days prior to the City Council meeting of Sept. 12.
Attachments
A. City Council Procedure #CC-11-0001
B. Hyperlink – City of Menlo Park labor agreements: menlopark.gov/laboragreements C. Hyperlink – Benefits summary by bargaining unit: menlopark.gov/benefitssummary D. Understanding the Labor Negotiations Process produced by the Institute for Local Government Report prepared by:
Marvin Davis, Interim Finance Director
Brittany Mello, Administrative Services Director
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page K-3.5
ATTACHMENT A
City of Menlo Park City Council Policy
Department
City Council
Subject
Public Input and Outreach regarding Labor Negotations
Effective Date
03/02/2011
Approved by
City Council
03/01/2011
Procedure #
CC-11-0001
PURPOSE
To incorporate public input into the labor negotiations process.
BACKGROUND
The City Council has expressed a desire to improve public communication and outreach on labor relations to the extent reasonably possible.
POLICY
A regular business item shall be placed on a Council agenda in advance of formal labor negotiations that includes an opportunity for the public to comment. At least seven days prior to this meeting, staff shall post a report that contains relevant information on employee salaries and benefits, as well as the methodology used to determine a competitive and appropriate compensation package. As part of this process, a concerted effort shall be made to request public comment on the negotiations parameters.
As a general rule, staff shall engage the services of a labor attorney to participate in formal labor negotiations with bargaining units representing permanent employees.
During labor negotiations, public comment will be provided prior to the entry into closed session to discuss labor negotiations, in accordance with State law. At the conclusion of the closed session, the Council shall report out any action taken, including in the record the individual votes taken and the characterization of the deliberations. In addition, at some point in the negotiations process, staff shall submit a public report to Council that provides a general status of labor negotiations and that allows for public input prior to concluding negotiations.
Staff shall prepare and make public a staff report, at least fifteen calendar days prior to Council consideration of a tentative agreement or implementation resolution for any bargaining unit, that provides full details and costing associated with the recommended action, shall schedule the matter as a regular business item and shall provide an opportunity for the public to comment.
Page K-3.6
I
DIII INSTITUTE FOR
ILIILOCAL GOVERNMENT FOUNDED 1955
Promoting Good Government at the Local Level
LOCAL GOVERNMENT 101
ATTACHMENT D
Understanding the Labor Negotiations Process
August 17, 2012
Under California law,1
when county or city employees Additional Resources are represented by a union, the agency must negotiate with that union regarding their pay and benefits, The Institute has two glossaries to assist working hours, and working conditions. This paper local officials as they engage with explains the key elements of that process. constituents, bargaining representatives and each other about labor relations and
Roles public pension issues:
Elected officials determine the agency’s bargaining • Labor Relations Terminology:
http://www.ca-ilg.org/post/labor- position and consult with staff throughout the relations-terminology negotiation process. Agency staff report back to decision-makers about the face-to-face negotiations’ • Public Pension Terminology: progress and any impediments to reaching agreement. http://www.ca-ilg.org/post/publicpension-terminology Before Bargaining
Prior to meeting with the union, the agency’s negotiators will meet with elected officials to discuss how to proceed. Having this meeting well in advance of negotiations gives elected officials time to consider relevant issues and develop a set of questions.
Early conversations also give staff time to compile necessary information for decisionmakers. Examples of such information may include:
• Anticipated increases in current employee expenditures • Money available for salaries and benefits
• Cost of salary and benefit enhancements
• What comparable employers are paying
• Turnover statistics
Just as elected officials need time and information to make well-informed decisions, staff will need time to prepare and provide accurate information. As with any issue, limited staff resources may make it advisable to prioritize information requests.
Conversations about the agency’s initial bargaining position typically take place in closed session.
2 The agency’s negotiators will share their understanding of what it will take to The Institute is grateful to Dr. Rhonda Albey for preparing this piece. Dr. Albey has worked in labor relations for Los Angeles County since 1990.
1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-ilg.org Page K-3.7
Understanding the Labor Negotiations Process 2012
reach agreement with the union. The agency’s governing body will then give negotiators an initial bargaining position.
During Bargaining
No matter how reasonable the agency’s initial bargaining position is, it is unlikely that the union will immediately accept it.
The negotiation process is unpredictable. The The Process Can Be agency’s negotiators may have misread the union’s Rough priorities and goals. Union representatives may have misread the employees’ mood. New issues During the negotiations process, may arise. There may be internal divisions within the union may organize the union. These challenges may make it impossible demonstrations and/or phone and e-mail campaigns. Discourse may to get agreement within the original parameters become bullying and emotional. authorized.
Don’t take it personally – it’s all Working with the Agency’s Negotiators. As part of the process. Both sides challenges arise, the agency’s negotiators may ask may need to show they are doing for modifications in the bargaining position. This is their job. Union negotiators need normal in the course of any type of negotiation, as to show their members that they each party learns more about the interests of the are fighting for them and elected other. Multiple meetings with the negotiating team officials need to show they are may be necessary. working hard for the community.
Modifications may not involve increases in total Expect to be Misquoted expense. An example is moving money from benefits
to salaries (or vice-versa). Another example is if People tend to hear what they decision-makers have authorized higher increases for want to hear. some position classifications than others, employee
representatives may ask to even increases out. Someone may say something like “I’ll speak to the negotiating
Meeting with Un team,” and mean exactly that – ion Officials. As negotiations they’ll speak to them. continue, the union may seek meetings with individual elected official(s) to discuss the agency’s bargaining The employees may hear “He/she position. As with any group of constituents, an elected will speak to the negotiating team official can choose to meet with them or not. If an and tell them to give us what we elected official does meet with union officials, the want.” official should be clear that the official is not speaking on behalf of the governing body. Some strategies for minimizing miscommunication are to take
A word of caution about meeting with employees notes during the discussion and without their union representative during labor not to meet with union representatives alone.
Institute for Local Government www.ca-ilg.org 2
Page K-3.8
Understanding the Labor Negotiations Process 2012
negotiations: such meetings can lead to an unfair labor practice accusation of “direct dealing.”3 Avoid any action that makes it appear that the agency is interfering in the union’s relationship with the employees it represents.
If the elected official meets with union representatives, it is helpful to share the conversation with the agency’s bargaining representatives. The conversation may provide insights that will help the agency’s negotiators move the process forward.
If Agreement Is Reached
The agreement still has to be ratified by the rank and file. The union may feel it needs to sell the agreement as a victory for its members. The union may post flyers or e-mails trumpeting their win over management.
For their part, elected officials may hear concerns from constituents that the agency is spending too much on employee salaries and benefits. Agency officials are well-advised to be moderate in their public discourse relating to the agreement. Anything that might be construed as bragging about the agency’s victory in the bargaining process may jeopardize the agreement. The employees won’t ratify the agreement if they think it is a bad deal or their representatives weren’t Post Agreement Issues sufficiently aggressive on their behalf.
While the agency will not have to A helpful practice can be a public statement that negotiate during the term of the does not validate either extreme, but says agreement, issues may arise something to the effect that “We reached a deal to between negotiations that may provide adequate public services at reasonable require changes. cost.” If Agreement Cannot Be Reached
What happens if the agency can’t reach an agreement? There are procedures under state law for resolving impasse. A local labor relations resolution may provide further guidance on procedures.
Mediation An Expired Contract
A mediator may be brought in to try and resolve differences is not the Same as between the agency and the union. Mediators have no authority to No Contract impose a settlement, but can be useful in helping the parties look If the contract has expired at the problem from a new perspective and to move past personal and agreement has not been differences. The state Division of Mediation and Conciliation can reached on a new one, the provide a mediator. agency must maintain the status quo until there is a Fact-finding. Whether or not mediation occurs, the union may new agreement. request fact-finding as a next step. With the assistance of the Institute for Local Government www.ca-ilg.org 3
Page K-3.9
Understanding the Labor Negotiations Process 2012
Public Employee Relations Board (PERB), a fact-finding panel is appointed which reviews both parties’ proposals, holds hearings and ultimately recommends a settlement.
Unilateral implementation. After exhausting the impasse procedure and holding a public hearing, the agency may impose its final financial offer upon the employees.
Management cannot force the union to accept a whole new contract.
Unilateral implementation cannot be used to impose work rule or operational changes and can only be implemented for one year. After that year, or during the year, if the union indicates it has a significant change in its position, the agency must bargain again with the union to try and reach a mutual agreement.
This resource is a service of the Institute for Local Government (ILG) whose mission is to promote good government at the local level with practical, impartial, and easy-to-use resources for California communities. ILG is the nonprofit 501(c)(3) research and education affiliate of the League of California Cities and the California State Association of Counties. For more information and to access the Institute’s resources on Local Government 101 go to http://www.ca-ilg.org/localgovt101.
The Institute thanks the following individuals for their review and input into this resource:
• Holly Brock-Cohn, Human Resources Director, City of Alameda • Casey Echarte, Assistant Human Resources Director, City of San Mateo • Eraina Ortega, Legislative Representative, Employee Relations & Human Resources, California State Association of Counties
• Delores Turner, Assistant City Manager, Administrative Services Department, City of Emeryville The Institute welcomes feedback on this resource:
• Email: [email protected] Subject: Understanding the Labor Negotiations Process • Fax: 916.444.7535
• Mail: 1400 K Street, Suite 205 ▪ Sacramento, CA ▪ 95814 Institute for Local Government www.ca-ilg.org 4
Page K-3.10
Understanding the Labor Negotiations Process 2012
References and Resources
1 California Government Code 3500, known as the Meyers-Milias-Brown Act, (MMB) requires negotiation in good faith with the recognized employee representative on specified subjects. It also permits local agencies to adopt their own rules and regulations for the governance of labor relations. 2 See Cal. Gov’t Code § 54957.6, which provides:
54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.
Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives.
Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.
Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative.
Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. 3 See Cal. Lab. Code § 1156; Ruline Nursery Co. v. Agricultural Labor Relations Bd., 169 Cal. App. 3d 247, 266, 216 Cal. Rptr. 162, 172 (1985)
G:\INSTITUTE\Gov 101\Human Resources\Labor Relations Basics \Understanding the Labor Negotiations Process_August 2012.docx Institute for Local Government www.ca-ilg.org 5
Page K-3.11
,.
MENLO PARK
AGENDA ITEM L-1
City Manager's Office
STAFF REPORT
City Council
Meeting Date:
Staff Report Number:
9/12/2023
23-207-CC
Informational Item: City Council agenda topics: September – October 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 Oct. 10. 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 – October 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 L-1.1
5 10
15 2025
30 Through Oct. 10
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 Closed Session: Anticipated litigation CA Closed Session No action 3 Closed session: labor CA Closed Session No action
4 Agreement to appropriate housing below market rate funds related to notice of funding availability proposals CDD Regular Contract award or amend Amend below market rate (BMR) guidelines regarding resale of ownership units CDD Regular Adopt resolution 6 Purchase and sale agreement 975 Florence Ln. CDD Consent Contract award or amend 7 Consider Planning Commission's recommendation on a vesting tentative map and below market rate housing agreement for 123 Independence Dr. project CDD Public Hearing Adopt resolution, Approve 8 Consider and adopt a resolution to close the Ryans Lane to vehicles to allow for expanded outdoor dining opportunities CDD, PW Regular Adopt resolution 9 Annual inflation protection adjustment for local minimum wage CMO Consent Receive and file Revised agreement with Tripepi Smith for public communications support CMO Consent Contract award or amend 11 Communitywide electrification program with California Energy Commission (CEC) funding CMO Study Session Direction to staff 12 First read and intro of tobacco retailer permit ordinance CMO Regular First read/intro ordinance 13 Power purchase agreement for solar in public facilities program CMO Regular Contract award or amend 14 Proclamation: Latino Heritage Month CMO Proclamation No action Proclamation: National Domestic Violence Awareness Month CMO Proclamation No action 16 Proclamation: Recovery Happens Month CMO Proclamation No action 17 Proclamation: Suicide Prevention Month CMO Proclamation No action 18 Transmittal of city attorney billing (Aug 2023) CMO Informational No action 19 Approve advisory body annual work plans: Library, Parks and Recreation, Housing, Complete Streets, and Environmental Quality Commissions CMO, CDD, PW, LCS Consent Approve Staffing considerations to support Menlo Park Community Campus (MPCC) operations LCS Regular Adopt resolution 21 Flock ALPR, gunshot detection, and video camera PD Study Session Direction to staff 22 Resolution designating public works director and assist public works director as authorized agents for Cal OES and FEMA PW Consent Adopt resolution 23 Agreement amendment with City Redwood City for Atherton Channel cleaning PW Consent Contract award or amend 24 Agreement for Minimum Point of Entry (MPOE) and Dispatch Rooms HVAC Upgrade project PW Consent Contract award or amend Approve vehicle and equipment purchase contracts for fiscal year 2023-24 PW Regular Approve 26 Grant of utility easements at Menlo Park Community Campus PW Consent Adopt resolution 27 Provide direction on level of service analysis in traffic impact analysis PW Study Session Direction to staff 28 Provide direction on parking removal policy to address sight line deficiencies PW Study Session Direction to staff 29 Resolution upholding appeal of the Complete Streets Commission’s approval remove four on- street parking spaces at 660 Roble Avenue PW Consent Adopt resolution, Decide Stormwater Master Plan PW Study Session No action
ASD-Administrative Services CDD-Community Development
CMO- City Manager's Office LCS-Library and Community Services PD-Police
Page L-1.2
PW-Public Works
Through Oct. 10
Tentative City Council Agenda
# Title Department Item type City Council action
31 Grand Jury Report response to 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 L-1.3
PW-Public Works
,.
MENLO PARK
AGENDA ITEM L-2
City Manager's Office
STAFF REPORT
City Council
Meeting Date:
Staff Report Number:
9/12/2023
23-202-CC
Informational Item: Transmittal of city attorney billing Recommendation
This is an informational item and does not require City Council action.
Policy Issues
In accordance with the City Council informational requests, this staff report transmits information to the public.
Background
On Feb. 23, 2021, the City Council approved an agreement with Burke Williams Sorenson, LLP (BWS) for city attorney services.
Analysis
As requested by the City Council, the city attorney has prepared monthly summaries of billing activity (costs/fees) for legal services that could be shared with the public. This staff report transmits the summary for the month of July 2023.
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. Billing summary – July 2023
Report prepared by:
Justin I.C. Murphy, City Manager
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-2.1
ATTACHMENT A
JULY 2023 CITY LEGAL SERVICES - Burke, Williams & Sorensen, LLP Description Fees Costs Total Billed
GENERAL MUNICIPAL MATTERS $42,825.00 $42,825.00
REAL ESTATE, COMPLEX HOUSING, CEQA, NEPA $4,281.50 $300.25 $4,581.75 HOUSING ELEMENT $504.00 $504.00
CONSTRUCTION AND COMPLEX PUBLIC WORKS $4,994.50 $4,994.50 MENLO UPTOWN $2,625.00 $2,625.00
123 INDEPENDENCE $4,559.00 $4,559.00
FACEBOOK DA $957.00 $957.00
WILLOW VILLAGE $4,565.00 $4,565.00
1350 ADAMS COURT $10,740.50 $10,740.50
1075 O'BRIEN/CS BIO $97.00 $97.00
162-164 JEFFERSON $14,162.00 $14,162.00
1105-1165 O'BRIEN DRIVE $873.00 $873.00
MPMW AND FEES ADVICE $8,820.00 $64.50 $8,884.50
CODE ENFORCEMENT/ PITCHESS / NUISANCE PR $252.00 $46.00 $298.00 SRI CAMPUS $16,053.50 $16,053.50
MPCC PG&E EMINENT DOMAIN $535.50 $360.20 $895.70
HOTEL MOXY/3723 HAVEN AVENUE $679.00 $679.00
1005 O'BRIEN $194.00 $194.00
UUT CLAIM/LITIGATION
PUBLIC RECORDS ACT
CITY COUNCIL
$1,071.00
$1,732.50
$1,787.50
$355.15
$46.00
$1,426.15
$1,778.50
$1,787.50
3705 HAVEN $533.50 $533.50
KUNZE DOG LAWSUIT $899.50 $899.50
80 WILLOW $4,677.00 $4,677.00
975 FLORENCE $5,925.50 $5,925.50
CITY LEGAL EXPENSES PAID BY CITY $73,904.90
CITY LEGAL EXPENSES PAID BY DEVELOPERS $61,611.20
TOTAL $135,516.10
Page L-2.2
,.
MENLO PARK
AGENDA ITEM L-3
Police
STAFF REPORT
City Council
Meeting Date:
Staff Report Number:
9/12/2023
23-208-CC
Informational Item: Police department quarterly update – Q2 April 2023 – June 2023
Recommendation
The purpose of this informational item is to provide an update to the public and to the City Council as requested in the City Council discussions in spring and summer 2021. This is an informational item and does not require City Council action.
Policy Issues
In accordance with the City Council informational requests and interest in Menlo Park Police Department (MPPD) activities and use of equipment, this staff report transmits information to the public.
Analysis
In public discussions with City Council, the following information is provided through regular updates by the MPPD:
1. Racial and Identity Profiling Act (RIPA). The department is required to collect stop data on all police detentions and report the details along specific guidelines to the California Department of Justice (DOJ).
MPPD will provide quarterly updates of this data as part of this report beginning with the first calendar quarter of 2023.
2. Results of required periodic auditing of the department’s automated license plate reader (ALPR) technology. The department is required to conduct regular audits of the system to ensure it is being used appropriately.
3. Reports of interactions with Animal Control. Specifically, the City Council requested to be notified of any Animal Control Hearings being held for dangerous animal in Menlo Park.
4. Use of force and Taser incidents. Committed to transparency, the MPPD will provide the number of documented use of force incidents and Taser deployments regularly. Every documented use of force incident (including Taser deployments) is investigated and reviewed by the supervisor and command staff by policy.
5. Complaints. Also in the spirit of transparency, the MPPD will provide the number of complaints received and reviewed regularly. The department will also provide limited details on complaints that have come to completion during the quarter.
6. Assembly Bill 481 (AB 481). AB 481, signed into law in Sept. 30, 2021, and applicable to agencies no later than May 1, 2022, requires that law enforcement agencies obtain the approval of the City Council, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, before taking certain actions relating to the funding, acquisition or use of military equipment, as defined. The City Council adopted this ordinance at the May 10, 2022, meeting.
7. Community engagement. For a more holistic perspective, the MPPD will also be sharing a general City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-3.1
Staff Report #: 23-208-CC
overview of outreach activities completed by the department on a regular basis.
Quarterly update Q2 / April – June 2023
Racial and Identity Profiling Act (RIPA) update
MPPD contacted 1527 persons in a manner that qualified for RIPA reporting from April through June 2023.
The department has a pre-formatted reporting template for this data (Attachment A).
Automated License Plate Readers (ALPR) update
From April through June 2023, MPPD’s three mobile mounted ALPR’s captured 189,332 license plates. The data captured resulted in 291 “hits” that a captured license plate was currently on an active law enforcement database or wanted list.
MPPD also audits inquiries to the overall ALPR databases made by members of MPPD Staff. Each inquiry to the database requires an articulable investigative reason (case investigation). The ALPR database was offline for the entire reporting period and no inquiries were made.
Animal Control update
During this reporting period, no animal control hearing for animals in Menlo Park were conducted and based upon the information currently available there were no citations issued by Animal Control in our jurisdiction.
Use of force update
From April through June 2023, MPPD was attached to 7,897 incidents, including calls for police service and proactive patrol activity. There were no uses of force meeting the threshold for further documentation reported. Each reported use of force report is presented for review to the Chief and Command Staff, and any training issues are identified and addressed. There was a Taser deployment March 30 that was erroneously omitted from the last quarterly report. A required Use of Force report was submitted for this incident and it is under review in accordance with department policy.
Complaints update
From April through June 2023, MPPD was attached to 7,897 incidents, including calls for police service and proactive patrol activity. No complaints were documented either from the community or self-initiated by this Department. The department always evaluates and/or investigates each complaint according to policy.
While the number above identifies the total complaints taken in within this quarter, complaint investigations take time and may be completed outside of the quarter in which they were generated. During the period of April through June 2023, MPPD’s Administration Team completed three complaint reviews/investigations from our caseload. Of those, two were sustained and one was determined to be exonerated.
A sustained finding means that evidence from the internal investigation indicated the complaint was founded. The sustained complaints include one for conduct and one for use of force AB 481 equipment use update
From April through June 2023, MPPD was attached to 7,897 incidents, including calls for police service and proactive patrol activity. During this time period, there were no operations of MPPD or SWAT personnel that resulted in the use of equipment listed in compliance with AB 481.
Community engagement update
Menlo Park Police officers encounter opportunities regularly to interact with the community in a positive way. During the quarter of April through June 2023, Menlo Park Police officers documented 34 distinct incidents as “OUTREACH” in the computer dispatch system (CAD). While this number is the floor, not the City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-3.2
Staff Report #: 23-208-CC
ceiling of the total positive interactions MPPD has with the public, these incidents were entirely community engagement and public service oriented.
The 34 incidents included officers engaging in conversations over coffee with community members, passing out stickers to children, interactive visits to the local skate park, engagement during downtown foot patrols and at Lions Club sponsored farmers market, in addition to numerous visits to local elementary and middle schools. Members from across the department interacted with members of the community at various events throughout the city in an effort to promote police-community partnerships.
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. MPPD RIPA report Q2 – 2023
Report prepared by:
Scott Mackdanz, Administrative Sergeant
Tracy Weber, Communications and Records Manager
William Dixon, Police Commander
Dave Norris, Police Chief
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-3.3
MENLO PARK POLICE
DEPARTMENT
RIPA REPORT Q2-2023
PUBLIC SAFETY
Page L-3.4 ATTACHMENT A
RIPA DATA
Racial and Identity Profling Act (RIPA)
California Assembly Bill 953
OVERVIEW:
In 2015, the State of California passed Assembly Bill No. 953 (AB 953), otherwise known as the Racial and Identity Profling Act (RIPA). AB 953, hereafter referred to simply as RIPA, requires that law enforcement agencies in the state of California collect perceived demographic data from specifed police contacts.
This data, referred to by RIPA as “stop data,” is to be collected in accordance with the California Code of Regulations and submitted to the Department of Justice on a yearly basis.
As outlined by the California Code of Regulations (11 CCR § 999.224), RIPA stop data must be collected during police contacts matching either of the following criteria: “(1) Any detention … by a peace offcer of a person; or (2) any peace offcer interaction with a person in which the offcer conducts a search...” Specifed data felds for each RIPA stop must be completed at the end of every qualifying contact and certain data collected is based on the offcer’s perception. Therefore, it is important to note that the way an offcer perceives any given individual might differ from the way that individual identifes themselves.
The collection requirement of this statute was implemented in waves, with each wave having a staggered commencement date based on agency size. Larger agencies in the state began collecting stop data as early as 2018. As a smaller-size agency, Menlo Park Police Department began collecting stop data for RIPA on January 1, 2022 and regularly uploading the data to the Department of Justice shortly thereafter.
The Menlo Park Police Department welcomes the opportunity to use this data to continuously maintain and improve upon our longstanding core values, and providing the people of Menlo Park a transparent overview of each year’s RIPA data and utilizing that data to continuously monitor our work and engage in meaningful conversations with our Community. The following report has been compiled using Menlo Park Police Department RIPA stop data from the period of April 1, 2023, to June 30, 2023.
METHODOLOGY:
The information presented in the RIPA section of this report is representative of the second quarter of 2023 statistical data gathered from the work of on-duty Menlo Park Police Offcers. This data includes all stop data reported by our police offcers. While a large majority of these stops typically occur within the City of Menlo Park, our jagged boundaries result in occasional stops in adjoining jurisdictions, including Atherton, East Palo Alto, and Unincorporated San Mateo County.
Offcers report the following for “perceived characteristics” for each person stopped:
• Perceived Race or Ethnicity of Person Stopped
• Perceived Gender of Person Stopped
• Person Stopped Perceived to be LGBT
• Perceived Age of Person Stopped
• Person Stopped Has Limited or No English Fluency
• Perceived or Known Disability of Person Stopped
page page 2 2
Page L-3.5
RIPA DATA
Specifc offcer actions are also tracked if the individual meets the stop requirements of RIPA. These include:
• Reason for stop
• Result of the stop
• Actions taken during the stop
REFERENCE MATERIALS SUPPLEMENTAL TO REVIEW OF COLLECTED DATA:
• Link for the DOJ Data Portal
NOTE – Various state reports on this site include accumulated annual RIPA data aggregated by year up to 2021, and will not yet include Menlo Park PD Data from 2022
• Link to 2023 RIPA Board Annual Report
• Link to Menlo Park PD Open Data - Current
• Link to MPPD Lexipol Policy Manual Bias-Based Policing Policy and RIPA Policy 402 (p. 314) This includes section 402.4.2 “REPORTING OF STOPS” and 402.7 “REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE”
• Link to the 2020-21 San Mateo County Civil Grand Jury’s Report - “BUILDING GREATER TRUST BETWEEN THE COMMUNITY & LAW ENFORCEMENT VIA THE RACIAL AND IDENTITY PROFILING ACT” DEMOGRAPHICS REFERENCE:
• City of Menlo Park
• San Mateo County
• 9 SF Bay Area Counties
• State of California
page 3
Page L-3.6
RIPA DATA
PERCEIVED RACE
As defned in RIPA Regulations – More than one option can be chosen “Asian” refers to a person having origins in any of the original peoples of the Far East or Southeast Asia, including for example, Cambodia, China, Japan, Korea, Malaysia, the Philippine Islands, Thailand, and Vietnam, but who does not fall within the defnition of “Middle Eastern or South Asian” or “Pacifc Islander.” “Black/African American” Refers to a person having origins in any of the Black racial groups of Africa. “Hispanic/Latino” refers to a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.
“Middle Eastern or South Asian” refers to a person of Arabic, Israeli, Iranian, Indian, Pakistani, Bangladeshi, Sri Lankan, Nepali, Bhutanese, Maldivian, or Afghan origin.
“Native American” refers to a person having origins in any of the original peoples of North, Central, and South America. “Pacifc Islander” refers to a person having origins in any of the original peoples of Hawaii, Guan, Samoa, or other Pacifc Islands, but who does not fall within the defnition of “Middle Eastern or South Asian” or “Asian.” “White” refers to a person of Caucasian descent having origins in any of the original peoples of Europe and Eastern Europe.
Hispanic/Latino
36.5%
White
29.7%
Asian
10.4%
Black/African American
10.3%
Middle Eastern or South Asian
Asian 166
Black/African American 164
Hispanic/Latino 581
Middle Eastern or South Asian 142
Native American 15
Pacifc Islander 51
White 473
Pacifc Islander
3.2%
Pacific Islander
Native American 3.2%
.9%
8.9%
page page 4 4
Page L-3.7
RIPA DATA
TOTAL STOPS OFFICER INITIATED CALLS FOR SERVICE
1,527 ACTIVITY RESULTING IN STOPS
1,469 58
ANNUAL RACIAL AND IDENTITY PROFILING ACT (RIPA) STATISTICS Consensual encounter resulting in search 14
Determine if student violated school property 0
Investigation to determine if the person is a truant 7
Knowledge of outstanding arrest warrant/wanted person 23 Known to be on parole/probation/PRCS/mandatory supervision 14 Possible conduct warranting discipline under Education Code 0 Reasonable suspicion that the person was engaged in criminal activity 96 Traffc violation 1,373
ACTIONS TAKEN DURING STOP
Asked for consent to search a person 35
Asked for consent to search property 29
Baton or other impact weapon used 0
Canine bit or held a person 0
Canine removed from vehicle or used to search 0
Chemical spray used 1
Curbside detention 21
Electronic control device used 0
Field sobriety test conducted 14
Firearm discharged or used 0
Firearm pointed at person 2
Handcuffed or fex cuffed 70
Impact projectile discharged or used 0
None 1,374
Other physical or vehicle contact 0
Patrol car detention 35
Person photographed 41
Person removed from vehicle by order 19
Person removed from vehicle by physical contact 0
Property was seized 29
Search of person was conducted 104
Search of property was conducted 73
Vehicle impounded 12
page page 5 5
Page L-3.8
PERCEIVED AGE
RIPA DATA
RESULT OF STOP
Citation for infraction 443
Contacted parent/legal guardian or other person responsible for the minor 1 Contacted the U.S. Department of Homeland Security 0
Custodial arrest pursuant to outstanding warrant 29
Custodial arrest without warrant 45
Field interview card completed 9
In-feld cite and release 45
No action 150
Noncriminal transport for caretaking 0
Psychiatric hold 0
Referral to school administrator 0
Referral to school counselor or other support staff 0
Warning (verbal or written) 825
REASON FOR STOP
Consensual encounter resulting in search 14
Determine if student violated school policy 0
Investigation to determine if the person is truant 7
Knowledge of outstanding arrest warrant/wanted person 23 Known to be on parole/probation/PRCS/mandatory supervision 14 Possible conduct warranting discipline under Education Code 0 Reasonable suspicion that the person was engaged in criminal activity 96 Traffc violation 1,373
PERCEIVED AGE
0-10 Years 0
11-20 Years 177
21-30 Years 503
31-40 Years 379
41-50 Years 265
51-60 Years 125
61-70 Years 62
71-80 Years 14
81-90 Years 2
90 Years or Older 0
11-20 Years 51-60 Years 11.6% 8.2%
41-50 Years
17.4%
21-30 Years
32.9%
31-40 Years
24.8%
pageage 6 6
Page L-3.9
0 50 100 150 200
50 100 150 200
--
I
RIPA DATA
STOPS BY DAY OF WEEK
Saturday
Friday
Thursday
Wednesday
Tuesday
Monday
Sunday
Saturday
Friday
Thursday
Wednesday
Tuesday
Monday
Sunday
0 100 200 300 400
STOPS BY TIME OF DAY
0000-0100
0300-0400
0600-0700
0900-1000
1200-1300
1500-1600
1800-1900
2100-2200
0000-0100
0300-0400
0600-0700
0900-1000
1200-1300
1500-1600
1800-1900
2100-2200
0 20 40 60 80 100 120 140
pagege 7 7
Page L-3.10
RIPA DATA
PERCEIVED GENDER
As defned in RIPA Regulations
“Transgender man/boy” means a person who was assigned female at birth but who currently identifes as a man, or boy if the person is a minor. “Transgender woman/girl” means a person who was assigned male at birth but who currently identifes as a woman, or girl if the person is a minor. “Gender nonconforming” means a person whose gender-related appearance, behavior, or both, differ from traditional conceptions about how males or females typically look or behave. A person of any gender or gender identity may be gender nonconforming. For this reason, an offcer my select “Gender nonconforming” in addition to any of the other gender data values, if applicable.
Female (Cisgender Woman/Girl)
Male (Cisgender Man/Boy)
Transgender Man/Boy
Transgender Woman/Girl
Gender Nonconforming (Nonbinary)
0 200 400 600 800 1,000 1,200
Female (Cisgender Woman/Girl) 447
Male (Cisgender Man/Boy) 1,059
Transgender Man/Boy 13
Transgender Woman/Girl 7
Gender Nonconforming (Nonbinary) 1
PERCEIVED DISABILITY
Blind or Limited Vision 0
Intellectual or Developemental
Disability, Including Demetia 0
Mental Health Condition 5
Other Disability 2
Speech Impairment or Limited
Use of Language 2
Blind of Limited Vision
elopmental Disability, Including Dementia
Mental Health Condition
Other Disability
It should be noted that for 1,518 contacts,
there were no perceived disabilities. h Impairment or Limited Use of Language 0 1 2 3 4 5
0 4 8 12
page page 8 8
Page L-3.11
City of Menlo Park
701 Laurel St.
Menlo Park, CA 94025
650-330-6300
menlopark.gov/police
Building
a Safe Community
Page L-3.12
,.
MENLO PARK
AGENDA ITEM L-4
Community Development
STAFF REPORT
City Council
Meeting Date: 9/12/2023
Staff Report Number: 23-204-CC
Informational Item: Update on City’s Housing Element Update project status and next steps
Recommendation
The purpose of this informational item is to provide the City Council and members of the public an update on the City’s Housing Element Update project, including the Aug. 29 letter (Attachment A) from the State Department of Housing and Community Development (HCD) regarding the City’s adopted 2023 to 2031 Housing Element, and a tentative schedule (Attachment B) of next steps in the Housing Element Update project process. This is an informational item and does not require City Council action.
Policy Issues
State housing law requires that jurisdictions throughout California adequately plan to meet the housing needs of everyone within the community and future residents by regularly updating the jurisdiction’s General Plan Housing Element. The Regional Housing Needs Allocation (RHNA) identifies the specific number of housing units at each income level category that a jurisdiction must plan for from 2023 to 2031 to comply with state mandates. Menlo Park’s RHNA is 2,946 dwelling units across all income levels. Additionally, the Affirmatively Furthering Fair Housing (AFFH) Act requires that all local public agencies facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities.
As part of the Housing Element Update project, the City is also updating its Safety Element and preparing its first Environmental Justice Element. The components of the Housing Element Update consider the interrelation between a number of land use, housing, and environmental factors and policies.
Background
Over the past two and a half years, the City undertook an extensive process of planning and public engagement, and coordination with community members, stakeholders, City decision makers, and other governmental agencies to develop the 2023 to 2031 Housing Element and draft Environmental Justice and Safety Elements. The City Council adopted the Housing Element Jan. 31. In response to comments received on the adopted Housing Element from the State Housing and Community Development Department (HCD) in April, the City Council authorized staff to submit a revised Housing Element (Attachment C) June 27. On Aug. 29, the City received a comment letter from HCD (Attachment A) on the revised Housing Element.
Concurrent with the Housing Element process, the City released a draft Environmental Justice Element (Attachment D) and draft Safety Element (Attachment E). On June 20, the City Council and Planning Commission conducted a joint study session to receive an overview and provide feedback on the draft Environmental Justice and Safety Elements. Staff has been revising and refining the elements based on study session feedback, and will continue to engage project partners like Climate Resilient Communities City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-4.1
Staff Report #: 23-204-CC
(CRC) and ChangeLab Solutions in the process, contingent on approval of a budget amendment described in the Impact on City Resources section of this report.
Analysis
On Aug. 29, the City received a letter from HCD (Attachment A) again acknowledging the City’s Housing Element addresses many statutory requirements, but requesting additional changes to the adopted Housing Element for a narrower range of topics compared to the April 7 letter. In summary, the requested changes in the letter are:
• Provide a more robust series of actions to promote housing mobility, increase new housing choices and affordability in higher opportunity areas, promote place-based strategies for community preservation and revitalization, and protect against displacement, with significant numeric metrics (such as number of households assisted, number of housing units constructed, etc.); • Evaluate a constraint in the amount of parking required for emergency shelters that exceeds the number of spaces necessary for staff only, and include a program to address the constraint; • Include a program to conduct a mid-cycle evaluation of the Housing Element strategies and programs • Add a program with numerical objectives committing to facilitate development on federally-owned and school sites during the 2023-2031 planning period, and include alternatives if development does not materialize as identified in the inventory;
• Evaluate lot coverage requirements for the R-3 zoning district as a potential constraint to housing development and include a program committing to allow increased lot coverage in the R-3 zone; • Specifically address how the City complies with state density bonus law (SDBL), including procedures for a SDBL project, available benefits and non-discretionary actions; • Provide specific information about the affordable housing overlay (AHO), such as thresholds for projects to qualify for the AHO, and provide evidence demonstrating likelihood of developers taking advantage of the AHO; and
• Provide specific information in Program H4.M regarding reductions in parking requirements and ensure that the reduced amounts will not constrain multifamily housing development.
Staff believes that most of the requested changes are for additional detail and data to support the existing policies and programs in the adopted Housing Element, including one that has already been addressed in Program H1.H regarding a mid-cycle evaluation and one that could be evaluated as part of the proposed Rthree zoning-related changes to implement the Housing Element. As of the writing of this informational item, staff is scheduled to meet with HCD on Sept. 12 to receive guidance and clarity, in particular regarding the comments about AFFH and the use of the AHO in the site capacity analysis.
Next steps
As outlined in Attachment B, staff has divided the remaining work to complete the Housing Element Update project into three tasks:
1. Revise the adopted Housing Element where appropriate, following a meeting with HCD staff to discuss the Aug. 29 HCD letter, and resubmit to HCD for conditional certification;
2. Prepare modifications to the El Camino Real/Downtown Specific Plan, the city’s commercial zoning districts, the R-3 zoning district, AHO, child day care home regulations, and zoning map for City Council adoption, consistent with the direction received at the Aug. 22 special City Council study session; and
3. Continue refinement of the draft Environmental Justice and Safety Elements based on additional community engagement and feedback, and prepare for City Council adoption.
The timing and major components of these three work tasks are briefly described below and would occur City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-4.2
Staff Report #: 23-204-CC
through the remainder of 2023 and beyond.
For Task 1, revising the adopted Housing Element, staff is preparing the bulk of the requested changes to the document now, and will draft the revisions before meeting with HCD to clarify and confirm the comments and draft responses, with the exception of AFFH actions and application of the AHO to sites capacity, which requires clarity from HCD. Before resubmitting the document to HCD, it is anticipated that the City Council would review the draft changes at a meeting in late September or early October to provide feedback on the revisions and guidance on any items that may affect City policy. Following a required seven-day public review period and 60-day HCD review period, it is anticipated that HCD would provide a formal response on the revisions between November and December 2023. If the opportunity arises to work closely with HCD staff to resolve comments during the review period on an informal basis, the review period may be shorter.
Assuming conditional certification of the Housing Element following HCD review, the Planning and Housing Commissions would make a recommendation and the City Council would tentatively meet in January 2024 to consider re-adoption of the Housing Element.
Task 2, changes to the El Camino Real/Downtown Specific Plan, commercial zoning districts, the R-3 district, AHO, child day care home regulations, and associated General Plan amendments would be finalized between now and October 2023, with an initial City Council hearing in late November 2023 to consider adoption of the changes, which may overlap with some of the work for Task 3 below.
Task 3, finalizing the Environmental Justice and Safety Elements, is dependent on the scope of changes to the Housing Element (to be confirmed with HCD staff) and staff capacity. Originally, refinement of the draft documents and additional community engagement was anticipated to occur through fall 2023, with a potential joint City Council and Planning Commission study session in fall 2023 to review the refined draft elements. The joint study session would be followed by public meetings for a Planning Commission recommendation and City Council consideration of adoption of the General Plan elements in late 2023/early 2024. However, given the additional comments on the Housing Element, the need to prioritize its certification, and the deadline for completion of the zoning changes by Jan. 31, 2024, to comply with state law, development of the Environmental Justice and Safety Elements will extend into 2024 to provide adequate time for community engagement, enhancement of the draft documents, and consideration by decision-makers.
It should be noted that dates and actions described above are tentative and subject to the availability of key parties (HCD staff, community stakeholders, Commissions and the City Council, etc.), scheduling of meetings, and time needed to address any unforeseen challenges that could arise during each of the tasks.
Impact on City Resources
As part of the fiscal year 2020-21 budget, the City Council appropriated nearly $1.5 million from the general fund to support the Housing Element Update (including preparation of the SEIR). On March 14, the City Council approved a second amendment to the professional services agreement with M-Group, the City’s Housing Element Update project consultant, for an overall contract total of $1,547,466. Staff is working with the consultant team to understand anticipated budget augmentations and contract modifications for continued support on the Housing Element and related components to address comments from HCD and feedback from the joint study session. The revisions to the scope of work would include assistance from community partners like CRC and ChangeLab Solutions on the Environmental Justice Element, and staff is expected to bring the information to the City Council for review at an upcoming meeting.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-4.3
Staff Report #: 23-204-CC
Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment. On Jan. 31, the City Council adopted Resolution No. 6808 certifying the SEIR for the Housing Element Update and associated CEQA actions. On Feb. 1, a Notice of Determination (NOD) was filed.
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. Hyperlink – Aug. 29 letter from State Department of Housing and Community Development:
menlopark.gov/files/sharedassets/public/community-development/documents/projects/housingelement-update/20230829-hcd-review-letter-for-revised-he.pdf B. Tentative Housing Element Update project schedule through remainder of 2023 C. Hyperlink – June 30 revised 2023 to 2031 General Plan Housing Element:
menlopark.gov/files/sharedassets/public/v/1/community-development/documents/housing-elementannual-progress-reports/2023-2031-menlo-park-housing-element-clean-copy-versionupdated-20230630.pdf D. Hyperlink – Draft General Plan Environmental Justice Element:
menlopark.gov/files/sharedassets/public/community-development/documents/projects/housingelement-update/environmental-justice-element-20221212-public-review-draft.pdf E. Hyperlink – Draft General Plan Safety Element: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/housing-element-update/safety-element-20221212-public-reviewdraft.pdf Report prepared by:
Tom Smith, Principal Planner
Report reviewed by:
Mary Wagner, Assistant City Attorney
Deanna Chow, Assistant Community Development Director
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-4.4
ATTACHMENT B Proposed Housing Element Update project schedule through early 2024 Task Tentative timing Task 1: Revise Adopted Housing Element for HCD Certification 1.1 Receive HCD comments on adopted Housing Element August 29, 2023 1.2 City Council meeting: Info item to describe Housing Element status and next steps September 12, 2023
1.3 Meet with HCD and prepare revisions to Housing Element September 2023 1.4 City Council meeting: Review revisions to Housing Element prior to HCD submittal October 2023
1.5 7-day public review period October 2023 1.6 Submit revised Housing Element to HCD; 60-day review October 2023 1.7 End of HCD review period Early December 2023 1.8 Joint Planning Commission/Housing Commission meeting: Resolution recommending Housing Element amendments December 2024
1.9 City Council meeting: Resolution adopting revised Housing Element Mid-January 2024 Task 2: Finalize El Camino Real/Downtown Specific Plan, Zoning Ordinance, General Plan, and Associated Changes
2.1 Prepare final Specific Plan, Zoning Ordinance, and General Plan changes based on August 22 study session guidance October 2023 2.2 Planning Commission meeting: Recommendation to City Council Late October 2023 2.3 City Council meeting: Ordinances for zoning changes Late November 2023 2.4 City Council meeting: Waive second reading and adopt ordinances for zoning changes December 2023 Task 3: Finalize Environmental Justice and Safety Elements
3.1 Refinement of draft documents based on study session #1 feedback and community engagement on revised draft Fall 2023/Winter 2024 3.2 Joint City Council/Planning Commission meeting: Draft EJ/Safety Elements outreach summary and feedback (SS #2) Winter 2024
3.3 Planning Commission meeting: Recommendation to City Council Spring 2024
3.4 City Council meeting: Resolution adopting EJ/Safety Elements Spring 2024 Page L-4.5
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MENLO PARK
AGENDA ITEM L-5
City Manager's Office
STAFF REPORT
City Council
Meeting Date: 9/12/2023
Staff Report Number: 23-205-CC
Informational Item: City Council fiscal year 2023-24 priorities work plan Recommendation
This is an informational item and does not require City Council action.
Policy Issues
The City Council’s annual priority and goal setting workshop provided direction to the city manager on aligning resources and work plans for the next year.
Background
The City Council held its annual workshop March 18 with a professional facilitator and City staff. The Council set the following top priorities for fiscal year 2023-24:
• Housing
• Activing downtown, with the added focus of economic development, small businesses and downtown vibrancy
• Climate action
• Emergency preparedness
• Safe streets
Advancement of City Council priorities through the funding of projects, services and staffing was detailed during the fiscal year 2023-24 budget adoption process. Since that time, departments have continued to identify projects that align with City Council priorities, reflected in the fiscal year 2023-24 work plan (Attachment A).
Analysis
City department responsibility varies for work plan items associated with City Council priorities, with the greatest relative responsibility placed on public works, community development, city manager’s office, and interdepartmental items that involve more than two departments. There are over 56 work plan items with the following distribution of responsibility:
• Public Works: 41% of items; most concentrated in the safe streets priority • Community Development: 32% of items; most concentrated in the housing priority • City Manager’s Office: 27% of items; most concentrated in the climate action priority • Interdepartmental: 25% of items
The work of administrative services, library and community services, and police, while not largely represented in the work plan items under City Council priorities, plays a vital role in providing programs and City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-5.1
Staff Report #: 23-205-CC
services in Menlo Park and supports many of the efforts to accomplish work plan items.
Work plan items will be prioritized on City Council meeting agendas for the next year in addition to items related to regulatory requirements, delivery of core services, the capital improvement program, development review, and other unforeseen issues or emerging community needs. City staff are focused on a wide variety of new projects outside the scope of the City Council priorities work plan, including regulations for tobacco retailers and smoke-free multifamily housing, cybersecurity measures and other IT Master Plan projects, greater utilization of software systems like OpenGov to increase efficiency, and diversity, equity, inclusion and belonging (DEIB) initiatives, among others. Core services also represent a significant portion of staff workload. For the last reporting period available in fiscal year 2021-22, for example, staff processed over 2,000 encroachment, residential, commercial and accessory dwelling units (ADU) permits, conducted over 9,000 inspections, provided more than 3.6 million hours of recreational activities, and delivered nearly 900 million gallons of water to customers in Menlo Park. Information on core services will be further developed throughout this fiscal year.
Staff also maintains a list of City Council requests or direction to pursue new initiatives or projects, including examples like planning for biosafety levels, exploring dedicated grant seeking/writing support, and a variety of study sessions, among others that can be advanced by the City Council as capacity allows.
Staff will report out on work plan progress throughout the fiscal year, and expects to update the document regularly as work plan items evolve. Staff will also continue to report out on volume of services across all departments.
Impact on City Resources
There is significant impact on city resources, including on both budget and department/staff capacity, to accomplish work plan items. While many tasks are embedded in the fiscal year 2023-24 adopted budget, the City Council may consider future funding allocations from the General Fund, special revenue and restricted funds and grants.
Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. City Council priorities work plan for fiscal year 2023-24 Report prepared by:
Stephen Stolte, Assistant City Manager
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page L-5.2
ATTACHMENT A
City work plan for fiscal year 2023-24
City Council priority Departments Status
HOUSING
Implement Housing Element: CD
Adopt zoning ordinance amendments related to Housing Element implementation CD in progress Initiate feasibility study for downtown parking lots CD, PW Hold Housing Element study sessions on ECR/D SP, AHO, Commercial site and R3 CD complete Implement homeownership preservation program with Habitat for Humanity CD adopted funding agreement Create anti-displacement program CD
Issue RFP for BMR program administrator CD complete; authorized contract Issue notice of funding availability (NOFA) and allocate below market rate funds for proposals CD NOFA issued Process housing developments: interdept
Approve below market rate housing agreement for 123 Independence Drive CD in progress Initiate EIR for housing development at 3705 Haven Ave. CD authorized contract Process Parkline master plan CD in progress
Initiate second phase of BMR Guidelines update CD
Enhance information sharing about current development projects and regulations CD ongoing Respond to Grand Jury report, "Accessory dwelling units: affordable housing's panacea or prevarication?" CD complete Amend ADU regulations CD
Recruit Housing Manager CD, ASD complete
ACTIVATING DOWNTOWN
Recruit Economic Development Manager CMO, ASD filled temporary interim role Provide economic development support to businesses CMO ongoing Adopt and implement streetaries ordinance for long term outdoor dining program interdept adopted ordinance Approve street closures to enable outdoor dining and bicycle infrastructure interdept approved closure on Santa Cruz Ave.
Install bicycle lane on 600-block of Santa Cruz Ave. and associated bicyclist improvements PW in progress Revise permit for farmers' market PD, interdept
Refurbish and maintain Santa Cruz Ave. seating area PW
Page L-5.3
CLIMATE ACTION
Allocate $4.5 million California Energy Commission funding to communitywide electrification program CMO in progress Analyze and revise scope of work for remaining term of Climate Action Plan CMO in progress Enhance communication and education on electrification CMO in progress Partner with Peninsula Clean Energy's solar/battery program for city facilities CMO, interdept in progress Implement electric vehicle charging plan at city facilities CMO, interdept in progress Continue water heater replacement at city facilities CMO, interdept in progress Explore Burgess pool electrification CMO, interdept in progress Adopt Environmental Justice Element CD, interdept in progress Adopt and implement zero emission landscape equipment ordinance CMO, PW adopted ordinance; implementation in progress Complete construction of clean energy infrastructure (micro-grid) at MPCC interdept in progress Continue to advance planning, funding, and construction of SAFER Bay PW in progress Complete construction of Chrysler Pump Station to improve resiliency of City's stormwater system PW in progress
EMERGENCY PREPAREDNESS
Recruit Emergency Preparedness staff person interdept, ASD in progress Host Public Works Open House on September 16 to engage the community on public works services PW in progress Expand emergency preparedness training among city staff interdept in progress Maintain and enhance emergency preparedness capabilities among city facilities and staff and through use of software like GIS; update relevant emergency-related policies interdept ongoing Coordinate with other PIOs for winter storm season including early coordination with San Francisquito Creek JPA CMO in progress Complete After Action Reports (AAR) for 2022-2023 winter storms and pandemic response CMO in progress Hold emergency preparedness study session CMO, interdept Review and accept the stormwater master plan PW in progress Receive update from the San Francisquito Creek Joint Powers Authority PW scheduled Adopt Safety Element CD in progress
Coordinate with MPC Ready for community preparedness activities CMO ongoing Proclamation for National Preparedness Month CMO scheduled Page L-5.4
SAFE STREETS
Maintain existing transportation assets including development of a five-year paving plan PW in progress Develop connected multimodal corridors PW
Complete gaps in the pedestrian network, with focus on safe crossings PW in progress Continue to implement Safe Routes to Schools program PW in progress Develop a network of low stress bicycle corridors that connect residents to major services and transit PW in progress Deliver projects currently in the capital program pipeline PW in progress Ravenswood Avenue, Belle Haven Traffic Calming, Haven Avenue streetscape, Middle Avenue complete streets and pedestrian/bicycle Caltrain crossing, Middlefield Road pilot, Willow Road pedestrian and bicycle improvements, and Coleman-Ringwood Avenues planning study PW Ravenswood Ave. complete / others in progress
Proactively advance safety PW
Complete Vision Zero Action Plan PW in progress
Implement quick-build project at Menlo-University to address high priority safety issue PW complete Update City policies to advance safety and VMT reduction PW Implement TDM policy and transportation management association PW Transportation impact analysis guidelines and level of service analysis requirements PW in progress Parking design guidelines and policies for on-street and off-street parking to support sustainability, housing and equity goals PW in progress
Page L-5.5
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MENLO PARK
AGENDA ITEM M-1
City Manager's Office
STAFF REPORT
City Council
Meeting Date: 9/12/2023
Staff Report Number: 23-209-CC
City Council Intiated Item Direction on former Sunset magazine campus
Recommendation
Provide direction to staff on former Sunset magazine campus.
Background
On Sept. 1, City Councilmember Combs requested an agenda item for City Council discussion of former Sunset magazine campus (Attachment A).
Analysis
Pursuant to City Council Procedure #CC-20-013 (Attachment B), 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.
Impact on City Resources
Determined by City Council direction.
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.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page M-1.1
Staff Report #: 23-209-CC
Attachments
A. City Councilmember Combs request
B. City Council Procedure #CC-20-013
Report prepared by:
Justin I.C. Murphy, City Manager
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page M-1.2
ATTACHMENT A
Herren, Judi A
From: Combs, Drew
Sent: Friday, September 1, 2023 2:16 PM
To: _CCIN
Subject: Agenda requests
In line with city council policy, I’m writing to request the following items be added to the agenda of a future city council meeting:
- Former Sunset magazine campus - Several weeks have passed since the city was made aware of a builders’ remedy project for a portion of the former Sunset Magazine campus, but the city council has yet to discuss this matter. Given that this matter could give rise to litigation, it would seem that a closed session would be the most appropriate format. I’ll defer to the mayor, city manager and city attorney on the determination of format, but please let this email serve as my formal request that an item regarding this subject be added to a future council meeting.
- USGS site/school zoning - Last year, the council directed that a portion of the USGS campus on Middlefield Rd. be reserved for a future school site. I formally request that the council schedule a review of this decision.
No local school board has said the site is needed or formally expressed an interest in building a school on the site. The fact that no one has bid for the site suggests that the council’s decision may be hampering any future development, and the housing such a project would provide. Additionally, given that the city still does not have an approved housing element, the development of this site may become even more important.
Drew Combs
Menlo Park City Council
District 2
Drew Combs
City Councilmember
City Hall - 2nd Floor
701 Laurel St.
tel 650-924-1890
menlopark.gov
*Note our emails have changed to @menlopark.gov
1 Page M-1.3
OF
MENLO PARK
Page M-1.4
CITY COUNCILMEMBER REQUESTS
ATTACHMENT B
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 M-1.5
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MENLO PARK
AGENDA ITEM M-2
City Manager's Office
STAFF REPORT
City Council
Meeting Date: 9/12/2023
Staff Report Number: 23-210-CC
City Council Intiated Item Direction on the USGS campus on Middlefield Road
Recommendation
Provide direction to staff on the USGS campus on Middlefield Road.
Background
On Sept. 1, City Councilmember Combs requested an agenda item for City Council discussion on the USGS campus on Middlefield Road (Attachment A).
Analysis
Pursuant to City Council Procedure #CC-20-013 (Attachment B), 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.
Impact on City Resources
Determined by City Council direction.
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.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page M-2.1
Staff Report #: 23-210-CC
Attachments
A. City Councilmember Combs request
B. City Council Procedure #CC-20-013
Report prepared by:
Justin I.C. Murphy, City Manager
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page M-2.2
ATTACHMENT A
Herren, Judi A
From: Combs, Drew
Sent: Friday, September 1, 2023 2:16 PM
To: _CCIN
Subject: Agenda requests
In line with city council policy, I’m writing to request the following items be added to the agenda of a future city council meeting:
- Former Sunset magazine campus - Several weeks have passed since the city was made aware of a builders’ remedy project for a portion of the former Sunset Magazine campus, but the city council has yet to discuss this matter. Given that this matter could give rise to litigation, it would seem that a closed session would be the most appropriate format. I’ll defer to the mayor, city manager and city attorney on the determination of format, but please let this email serve as my formal request that an item regarding this subject be added to a future council meeting.
- USGS site/school zoning - Last year, the council directed that a portion of the USGS campus on Middlefield Rd. be reserved for a future school site. I formally request that the council schedule a review of this decision.
No local school board has said the site is needed or formally expressed an interest in building a school on the site. The fact that no one has bid for the site suggests that the council’s decision may be hampering any future development, and the housing such a project would provide. Additionally, given that the city still does not have an approved housing element, the development of this site may become even more important.
Drew Combs
Menlo Park City Council
District 2
Drew Combs
City Councilmember
City Hall - 2nd Floor
701 Laurel St.
tel 650-924-1890
menlopark.gov
*Note our emails have changed to @menlopark.gov
1 Page M-2.3
OF
MENLO PARK
Page M-2.4
CITY COUNCILMEMBER REQUESTS
ATTACHMENT B
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 M-2.5