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City Council

Regular Meeting

Mountain View, CA · September 16, 2014

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, SEPTEMBER 16, 2014 - 6:30 PM CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS - 500 CASTRO STREET Margaret Abe-Koga, Councilmember R. Michael Kasperzak, Jr., Councilmember Ronit Bryant, Councilmember John McAlister, Vice Mayor John M. Inks, Councilmember Jac Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Christopher R. Clark, Mayor Jannie L. Quinn, City Attorney September 16, 2014 Council Chambers - 500 Castro Street 6:30 P.M.-REGULAR SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Vice Mayor McAlister called the meeting to order at 6:31 p.m. 2. PLEDGE OF ALLEGIANCE Councilmember Kasperzak led the Pledge of Allegiance. 3. ROLL CALL Present: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark 4. CONSENT CALENDAR MOTION - M/S Kasperzal/Inks - To approve the Consent Calendar. The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark 4.1 Approval of Minutes. That City Council approve the minutes of the September 9, 2014 meeting. City of Mountain View Page 1 City Council MEETING MINUTES 9/16/2014 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Don Letcher expressed concerns with the business practices of O'Malley's Sports Bar and the lack of response to his complaints. Grace Kay, Esq., Silicon Valley Leadership Group Federal and State Policy Associate, presented information regarding the 2014 Turkey Trot, and encouraged the City's participation in the event. Ms. Kay also expressed appreciation to individuals that participated last year, and responded to Council's questions. Paul Hepfer, The Health Trust Vice President of Programs, also presented information regarding the Silicon Valley Leadership Group Turkey Trot event and the benefits the program provides in the community. Barbara Goodwin expressed concerns with information she read in The Daily Post regarding a Google Employee who lived on Google property in his van. 6. PUBLIC HEARINGS 6.1 Amend Chapter 16, Section 16.82, of the Mountain View City Code to Retain Current Charges for Carry-Out Bags. Vice Mayor McAlister opened the Public Hearing at 6:43 p.m. Senior Administrative Analyst Palacio presented an oral report and responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS: Don Letcher Jim Neal Vice Mayor McAlister closed the Public Hearing at 6:56 p.m. MOTION - M/S Kasperzak/Siegel - To Introduce an Ordinance Amending Section 16.82 of the Mountain View City Code Related to Charges for Carry-Out Bags, to be read in title only, further reading waived, and set second reading for October 14, 2014 (Attachment 1 to the Council report). The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark City of Mountain View Page 2 City Council MEETING MINUTES 9/16/2014 6.2 Declaration of a Stage 2 Water Shortage Emergency Condition. Vice Mayor McAlister opened the Public Hearing at 7:00 p.m. Assistant Director of Public Works Hosfeldt presented an oral staff report and he, and Community Services Director de la Montaigne, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS: Don Letcher Vice Mayor McAlister closed the Public Hearing at 7:24 p.m. MOTION - M/S Siegel/Bryant - To Adopt Resolution No. 17891 Declaring the Existence of a Stage 2 Water Shortage Emergency Condition and Directing Implementation of Stage 2 Water Demand Reduction Measures. The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark 6.3 Public Meeting on Downtown Business Improvement Districts (BIDs). Vice Mayor McAlister opened the Public Hearing at 7:27 p.m. Business Development Specialist Chew presented an oral staff report and she, and Mountain View Central Business Association Executive Director Julie Smiley, responded to Council's questions. Seeing no one wishing to speak, Vice Mayor McAlister closed the Public Hearing at 7:36 p.m. MOTION - M/S Abe-Koga/Inks - To preliminarily approve the report from the Central Business Association and adopt Resolution No. 17892 of the City Council Declaring its Intention to Levy Assessments for the Downtown Mountain View Business Improvement Area No. 2, to be read in title only, further reading waived, and set a public hearing date of October 28, 2014 (Attachment 1 to the Council report). The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark City of Mountain View Page 3 City Council MEETING MINUTES 9/16/2014 7. COUNCIL, STAFF/COMMITTEE REPORTS - None. Council recessed to the Closed Session at 7:40 p.m. THE CLOSED SESSION WAS HELD IN THE PLAZA CONFERENCE ROOM IMMEDIATELY FOLLOWING THE 6:30 P.M. SESSION 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 7:41 p.m., an announcement was made by City Attorney Quinn, who described the item that Council would consider on the Closed Session Agenda below. 2. CLOSED SESSION 2.1 Conference with Legal Counsel—Anticipated Litigation—Significant Exposure to Litigation Pursuant to Government Code §54956.9 (d)(2) —One potential case Vice Mayor McAlister called the meeting to order at 7:47 p.m. Present: 6- Councilmember Abe-Koga, Councilmember Bryant, Councilmember Inks, Councilmember Kasperzak, Councilmember Siegel, and Vice Mayor McAlister Absent: 1- Mayor Clark 3. CLOSED SESSION REPORT - None. 4. ADJOURNMENT - At 7:50 p.m., Vice Mayor McAlister adjourned the meeting to the next Council meeting to be held on Tuesday, September 23, 2014 in the Council Chambers, 500 Castro Street. ATTEST: LORRIE BREWER, MMC CITY CLERK APPROVED: ____________________________________ CHRISTOPHER R. CLARK MAYOR City of Mountain View Page 4

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, SEPTEMBER 16, 2014 - 6:30 PM CITY COUNCIL AGENDA AND NOTICE COUNCIL CHAMBERS - 500 CASTRO STREET Margaret Abe-Koga, Councilmember R. Michael Kasperzak, Jr., Councilmember Ronit Bryant, Councilmember John McAlister, Vice Mayor John M. Inks, Councilmember Jac Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Christopher R. Clark, Mayor Jannie L. Quinn, City Attorney Council Chambers - 500 Castro Street 6:30 PM Tuesday, September 16, 2014 6:30 P.M.-REGULAR SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Councilmembers Abe-Koga, Bryant, Inks, Kasperzak, Siegel, Vice Mayor McAlister, and Mayor Clark. 4. CONSENT CALENDAR These items will be approved by one motion unless any member of the Council or audience wishes to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. 4.1 Approval of Minutes. Recommendation(s): That City Council approve the minutes of the September 9, 2014 meeting. Attachment(s): 09-09-14 Council Minutes 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. Speakers are allowed to speak on any number of topics for one three-minute period during the meeting. State law prohibits the Council from acting on nonagenda items. 6. PUBLIC HEARINGS 6.1 Amend Chapter 16, Section 16.82, of the Mountain View City Code to Retain Current Charges for Carry-Out Bags. Recommendation(s): Introduce an Ordinance Amending Section 16.82 of the Mountain View City Code Related to Charges for Carry-Out Bags, to be read in title only, further reading waived, and set second reading for October 14, 2014 (Attachment 1 to the Council report). City of Mountain View Page 1 of 4 City Council AGENDA AND NOTICE TUESDAY, SEPTEMBER 16, 2014 - 6:30 PM Attachment(s): Council Report ATT 1 - Amendment ATT 2 - Ordinance (link) 6.2 Declaration of a Stage 2 Water Shortage Emergency Condition. Recommendation(s): Adopt a Resolution Declaring the Existence of a Stage 2 Water Shortage Emergency Condition and Directing Implementation of Stage 2 Water Demand Reduction Measures. Attachment(s): Council Report ATT 1 - Resolution 6.3 Public Meeting on Downtown Business Improvement Districts (BIDs). Recommendation(s): 1. Hold a public meeting on the Downtown Business Improvement District. 2. Preliminarily approve the report from the Central Business Association and adopt a Resolution of the City Council Declaring Its Intention to Levy Assessments for the Downtown Mountain View Business Improvement Area No. 2, to be read in title only, further reading waived, and set a public hearing date of October 28, 2014 (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - CBA Annual Report ATT 3 - Map 7. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. THE CLOSED SESSION WILL BE HELD IN THE PLAZA CONFERENCE ROOM IMMEDIATELY FOLLOWING THE 6:30 P.M. SESSION 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) 2. CLOSED SESSION 2.1 Conference with Legal Counsel—Anticipated Litigation—Significant Exposure to Litigation Pursuant to Government Code §54956.9 (d)(2) —One potential case 3. CLOSED SESSION REPORT City of Mountain View Page 2 of 4 City Council AGENDA AND NOTICE TUESDAY, SEPTEMBER 16, 2014 - 6:30 PM 4. ADJOURNMENT The next Council Meeting will be held on Tuesday, September 23, 2014, at 6:30 p.m. in the Council Chambers, 500 Castro Street. NOTICE There is a 90-day limit for the filing of a challenge in Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call (650) 903-6304. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, 500 Castro Street, Third Floor, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. In addition, such writings and documents will be posted on the City's web site at www.mountainview.gov. City of Mountain View Page 3 of 4 City Council AGENDA AND NOTICE TUESDAY, SEPTEMBER 16, 2014 - 6:30 PM COUNCIL MEETINGS AND AGENDA The City Council meets regularly on the second and fourth Tuesday of each month at 6:30 p.m. in the Council Chambers at City Hall, 500 Castro Street, Second Floor. Special meetings are called as necessary by the Mayor and noticed at least 24 hours in advance. Interested parties may review the agenda, minutes and staff reports at the Mountain View Library, 585 Franklin Street, beginning the Thursday evening before each meeting and at the City Clerk's Office, 500 Castro Street, Third Floor, beginning Friday morning. Agenda materials may also be viewed electronically at www.mountainview.gov. Staff reports are also available at the Council Chambers during the meeting. SPECIAL NOTICE—Reference: Americans with Disabilities Act, 1990. Anyone who is planning to attend the next City Council meeting who is visually or hearing-impaired or has any disability that needs special assistance should call the City Clerk's Office at 903-6304 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed during the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. The Council meetings are cablecast live on Channel 26 on the Mountain View Comcast cable system and are replayed on Wednesday at 6:30 p.m. and on Saturday at 11:00 a.m. following that week's Council meeting. If there is a live Environmental Planning Commission meeting on a Wednesday, the replay of the City Council meeting will be on a Thursday at 6:30 p.m. In addition, Council Regular meetings are webcasted, and interested persons may visit the City's web site at www.mountainview.gov to watch the meetings live on their computer, laptop or PDA device. Archived broadcasts of previous meetings may also be accessed and watched on-line. The Council may take action on any matter noticed herein, and their consideration and action on the matters noticed herein is not limited by the recommendations indicated in the Agenda or staff report(s). The Council may consider and act on items listed on the agenda in any order and thus all those interested in an item listed on the agenda are advised to be present throughout the meeting (see Policy and Procedure A-13). The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. By policy, no new items of business will be started after 10:00 p.m., unless an exception is made by vote of the Council. ADDRESSING THE COUNCIL Interested persons are entitled to speak on any action item listed on the agenda and are requested to fill out the blue cards available at the rear of the Council Chambers and deposit them with the clerk or at the podium as soon as completed. This will assure that your name and city of residence are accurately recorded in the minutes and that your interest in speaking is recognized. If you wish to speak and are not recognized by the Mayor, please approach the podium prior to completion of discussion on the item. Speakers are allowed up to three minutes each, and if a large group wishes to express its views, it is more effective to have one spokesperson. Items on the "Consent Calendar" are not discussed individually but are approved as a group with one motion. If a citizen wishes to speak on an item on the Consent Calendar, he or she may come to the podium at the time announced by the Mayor and request that the item be pulled for discussion by the Council. Anyone wishing to address the Council on a nonagenda item may do so during the "Oral Communications" part of the agenda. Speakers are allowed to speak one time on any number of topics for up to three minutes. Reducing Time For Public Input: For any single agendized item and for Oral Communications from the Public, if there appears to be 15 or more speakers and the Council might not be able to conclude the scheduled agenda items for the meeting if speakers were allotted three (3) minutes each, the Mayor may reduce speaking time to no less than two (2) minutes per speaker unless there is an objection from Council, in which case majority vote shall decide the issue without debate. City of Mountain View Page 4 of 4

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