City Council

CITY OF MOUNTAIN VIEW MONDAY, NOVEMBER 17, 2014 - 5:00 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 5:00 PM Monday, November 17, 2014 SPECIAL MEETING OF THE CITY COUNCIL AND SHORELINE REGIONAL PARK COMMUNITY MONDAY, NOVEMBER 17, 2014 5:00 P.M.-SPECIAL SESSION 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 November 12, 2014 Council meeting. Attachment(s): 11-12-14 Council Minutes 4.2 Contract for Workers’ Compensation Third-Party Claims Administration Services. Recommendation(s): Authorize the City Manager to execute a fixed-fee contract with Athens Administrators for Workers’ Compensation third-party claims administration services for a three-year term, from July 1, 2015 through June 30, 2018, for a not to exceed amount of $152,230 for the first year with an increase of 3.5 percent for each of the following two years. Attachment(s): Council Report ATT 1 - Athens Renewal Proposal City of Mountain View Page 1 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 PM 4.3 Landfill Gas Flare Replacement, Project 14-52 - Reject All Bids and Amend Project Budget. Recommendation(s): 1. Reject all bids for Landfill Gas Flare Replacement, Project 14-52, and authorize staff to readvertise the project for bids. 2. Transfer and appropriate $143,000 from the Shoreline Regional Park Community Fund to the Landfill Gas Flare Replacement, Project 14-52. (Five votes required) 3. Authorize the City Manager to award the construction contract to the lowest responsible bidder if the low bid is within the project budget. Attachment(s): Council Report 4.4 North Bayshore Precise Plan-Contract Amendments. Recommendation(s): 1. Transfer and appropriate $90,000 from the Shoreline Regional Park Community Fund’s available balance to the existing North Bayshore Precise Plan Capital Improvement Project (CIP 11-45) to fund completion of the North Bayshore Precise Plan and Environmental Impact Report (EIR). (Five votes required) 2. Authorize the City Manager to amend the contract with Raimi + Associates for an additional amount not to exceed $39,000 to finalize completion of the North Bayshore Precise Plan. 3. Authorize the City Manager to amend the contract with David J. Powers & Associates for an additional amount not to exceed $45,000 to finalize completion of the North Bayshore Precise Plan EIR. Attachment(s): Council Report 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. City of Mountain View Page 2 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 PM 6. PUBLIC HEARING 6.1 El Camino Real Precise Plan. Recommendation(s): RECOMMENDATION 1. Adopt a Resolution Certifying the El Camino Real Precise Plan Environmental Impact Report and Adopting CEQA Findings, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, to be read in title only, further reading waived (Attachment 1 to the Council report); 2. Introduce an Ordinance Amending the Zoning Map for the Properties Located in the El Camino Real Precise Plan Area from CRA (Commercial Residential-Arterial), R3 (Multiple-Family Residential), P(10) Ortega-El Camino Real Precise Plan, P(15) Clark-Marich Precise Plan, P(16) El Monte-El Camino Precise Plan, P(36) Americana Center Precise Plan, and P (Planned Community) to P(38) El Camino Real Precise Plan, to be read in title only, further reading waived, and set a second reading for December 9, 2014 (Attachment 2 to the Council report); 3. Adopt a Resolution Adopting the El Camino Real Precise Plan, to be read in title only, further reading waived (Attachment 3 to the Council report); 4. Introduce an Ordinance Amending Chapter 36 of the Mountain View City Code Relating to the El Camino Real Village Center Floating District, to be read in title only, further reading waived, and set a second reading for December 9, 2014 (Attachment 4 to the Council report); and 5. Adopt a Resolution Adopting a Minimum Value for Public Benefits Provided By El Camino Real Precise Plan Development, to be read in title only, further reading waived (Attachment 5 to the Council report). City of Mountain View Page 3 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 PM Attachment(s): Council Report ATT 1 - Reso Certifying ECR PP EIR ATT 2 - Ord Amending Zoning Map ATT 3 - Reso Adopting ECR PP ATT 4 - Ord Amending Chapter 36 ATT 5 - Reso Establishing Public Benefits Option 1 ATT 6 - Draft Environmental Impact Report ATT 7 - Final Environmental Impact Report & Response to Comments ATT 8 - September 23, 2014 City Council Study Session Memo ATT 9 - Community Benefits Strategy Memo ATT 10 - Reso Establishing Public Benefits Option 2 ATT 11 - Reso Establishing Public Benefits Option EPC ATT 12 - Written Public Comments 7. NEW BUSINESS 7.1 Business Terms for Disposition and Development Agreement and Ground Lease for Moffett Gateway Site. Recommendation(s): 1. Approve negotiated business terms by and between the City and Developer Broadreach Capital Partners (“Broadreach”) for the development of Moffett Gateway. 2. Authorize the City Manager to execute the Disposition and Development Agreement and Ground Lease with Broadreach for the development of Moffett Gateway site consistent with the business terms negotiated during the Exclusive Right to Negotiate Period. 3. Appropriate $25,000 from the Exclusive Right to Negotiate Agreement Extension Deposit to CIP 12-43 for Moffett Gateway consultant contracts. (Five votes required) Attachment(s): Council Report ATT 1 - City Site Plan ATT 2 - City/Caltrans Site Plan City of Mountain View Page 4 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 PM 7.2 Gatekeeper, November 2014. Recommendation(s): Staff recommends that the City Council take the following actions on the requested Gatekeeper applications: 1. Authorize the assignment of staff resources for consideration of a Zoning Map Amendment, as well as the proposed residential (rental apartment) renovation project, including the addition of 38 new units at 777 West Middlefield Road (Village Lake Apartments). 2. Authorize the assignment of staff resources beginning in January for consideration of a General Plan Amendment and Zoning Amendment, as well as an application to construct a new office project at 580-620 Clyde Avenue. 3. Authorize the assignment of staff resources beginning in March for consideration of a General Plan Amendment and Zoning Amendment, as well as an application to construct a new office project at 465 Fairchild Drive. 4. Do not authorize the assignment of staff resources for consideration of a Zoning Amendment and an application to construct a new office project at 1040-1060 La Avenida. 5. Do not authorize the assignment of staff resources for consideration of a Zoning Amendment and an application to construct a new office project (campus) on Pear Avenue. Attachment(s): Council Report ATT 1 - Gatekeeper Location Map - Nov. 2014 ATT 2 - Nov. Planning Division Update ATT 3 - 777 West Middlefield ATT 4 - 580-620 Clyde ATT 5 - 465 Fairchild ATT 6 - 1040-1060 La Avenida ATT 6 (Revised) - 1040-1060 La Avenida.pdf ATT 7 - Pear Business Park 8. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 9. CLOSED SESSION REPORT City of Mountain View Page 5 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 PM 10. ADJOURNMENT The next Council Meeting will be held on Monday, November 24, 2014, at 7:00 p.m. in the Plaza Conference Room, 500 Castro Street. NOTE: There will be no Council Meeting on Tuesday, November 18, 2014. 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 6 of 7 City Council AGENDA AND NOTICE MONDAY, NOVEMBER 17, 2014 - 5:00 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 7 of 7