City Council
Regular MeetingMountain View, CA · September 16, 2014
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
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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
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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.
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