City Council

CITY OF MOUNTAIN VIEW TUESDAY, DECEMBER 2, 2014 - 5:30 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 5:30 PM Tuesday, December 2, 2014 5:30 P.M.-STUDY SESSION (TO BE HELD IN THE PLAZA CONFERENCE ROOM) 1. CALL TO ORDER 2. ROLL CALL Councilmembers Abe-Koga, Bryant, Inks, Kasperzak, Siegel, Vice Mayor McAlister, and Mayor Clark. 3. STUDY SESSION 3.1 Comprehensive Annual Financial Report and Other Related Reports for the Fiscal Year Ended June 30, 2014. Recommendation(s): Hear a presentation by, and ask questions of, staff and the City’s external auditor regarding the City’s Comprehensive Annual Financial Report (CAFR) and other related reports for the Fiscal Year ended June 30, 2014. Attachment(s): Study Session Memo ATT 1 - City of Mountain View CAFR 2014 ATT 2 - Single Audit Report ATT 3 - Report on Compliance with the Appro. Limit Increment ATT 4 - Bicycle/Pedestrian Projects ATT 5 - Memorandum on Internal Control & Required Comm. 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. City of Mountain View Page 1 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 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 Increase Appropriations for Utility Payment Processing Fees. Recommendation(s): Increase appropriations $70,000 in the Finance and Administrative Services Department Water Fund for utility payment processing fees. (Five votes required) Attachment(s): Council Report 4.2 City Auditor’s Annual Report for Fiscal Year 2013-14 and Work Plan for Fiscal Year 2014-15. Recommendation(s): 1. Accept and file the City Auditor’s Annual Report for Fiscal Year 2013- 14. 2. Approve the City Auditor’s Work Plan for Fiscal Year 2014-15 as recommended. Attachment(s): Council Report ATT 1 - Michaels at Shoreline Agreed Upon Procedures Report ATT 2 - Silicon Shores Corporation Agreed Upon Procedures Report ATT 3 - Children's Creative Learning Center Agreed Upon Procedures Report ATT 4 - Cash Collections of the PD & FD's Fire & EPD Review City of Mountain View Page 2 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 4.3 Fiscal Year 2013-14 Annual Report of Developer Impact Funds. Recommendation(s): 1. Below-Market-Rate Housing Fund a. Acknowledge and file the annual Below-Market-Rate Housing Fund report for the period ending June 30, 2014. 2. Housing Impact Fund a. Acknowledge and file the annual Housing Impact Fund report for the period ending June 30, 2014. b. Adopt a Resolution Approving the Retention of Housing Impact Fees Collected and Held in Excess of Five Years in Order to Fund Affordable Housing Projects in Mountain View, to be read in title only, further reading waived (Attachment 1 to the Council report). 3. Rental Housing Impact Fund a. Acknowledge and file the annual Rental Housing Impact Fund report for the period ending June 30, 2014. 4. Downtown Parking In-Lieu Fund a. Acknowledge and file the annual Downtown Parking In-Lieu Fund report for the period ending June 30, 2014. 5. Park Land Dedication Fund a. Acknowledge and file the annual Park Land Dedication Fund report for the period ending June 30, 2014. 6. Wastewater Developer Impact Fund a. Acknowledge and file the annual Wastewater Developer Impact Fund report for the period ending June 30, 2014. Attachment(s): Council Report ATT 1 - Resolution City of Mountain View Page 3 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 4.4 Accepting City of Mountain View Comprehensive Annual Financial Report and Various Other Related Reports. Recommendation(s): Accept, acknowledge, and file the following financial and independent auditor's reports pertaining to Fiscal Year 2013-14: • City of Mountain View Comprehensive Annual Financial Report and Independent Auditor’s Report • Single Audit Report • Confirmation Report of Appropriations Limit Calculation • Bicycle/Pedestrian Projects • Memorandum on Internal Control and Required Communications from Independent Auditors These reports are not attached as they were distributed to Council with the Study Session report for the meeting right before this one. They are available for public review in the City Clerk’s Office, the Library, and on the Council Agenda page of the City’s website at: www.mountainview.gov <http://www.mountainview.gov>. Attachment(s): Council Report ATT 1 - Audited Results 4.5 2015 Council Meeting Schedule. Recommendation(s): Confirm the schedule for City Council meetings and Study Sessions for the 2015 calendar year. Attachment(s): Council Report 4.6 Resolution to Summarily Vacate Public Street and Utility Easement and Street Lighting Facilities Easement at 100 and 190 Moffett Boulevard. Recommendation(s): Adopt a Resolution Ordering the Summary Vacation of a Public Street and Utility Easement and a Street Lighting Facilities Easement at 100 and 190 Moffett Boulevard (APN 153-26-037 and 153-26-036), to be read in title only, further reading waived (Attachment 1 to the Council Report). Attachment(s): Council Report ATT 1 - Resolution City of Mountain View Page 4 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 4.7 Approve a Midyear Capital Improvement Project - Trash Capture Device and Cost-Share Agreement for Permanente Creek Flood Protection Project. Recommendation(s): 1. Approve a midyear capital improvement project, Park Drive Trash Capture Device, transfer and appropriate $325,000 from the Storm Drain Construction Fund to the new project. (Five votes required) 2. Authorize the City Manager to execute a cost-sharing agreement with the Santa Clara Valley Water District for the construction of City utility and street improvements adjacent to the Permanente Creek Flood Protection Project. Attachment(s): Council Report 4.8 2012-13 Water and Sewer Main Replacement, Projects 13-21 and 13-22-Amend Design Professional Services Agreement and Amend Project Budget. Recommendation(s): 1. Authorize the City Manager to amend the professional services agreement with NV5 for the 2012-13 Water and Sewer Main Replacement, Projects 13-21 and 13-22, increasing compensation by $36,000, for a total not-to-exceed amount of $256,000. 2. Amend the construction contract with K.J. Woods Construction, Inc., to add $200,000 to the construction contingency for a total contract amount of $2,588,000. Attachment(s): Council Report ATT 1 - Proposal 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 5 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 6. PUBLIC HEARINGS 6.1 San Antonio Precise Plan. Recommendation(s): 1. Adopt a Resolution Certifying the San Antonio 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. Adopt a Resolution Amending the General Plan Land Use Map for the Properties on the West Side of San Antonio Road from General Mixed Use to Mixed-Use Corridor, to be read in title only, further reading waived (Attachment 2 to the Council report); 3. Introduce an Ordinance Amending the Zoning Map for the Properties Located in the San Antonio Precise Plan Area from CRA (Commercial/Residential-Arterial), P (Planned Community), P(8) San Antonio Station Precise Plan, P(9) San Antonio Center Precise Plan, P(11) California Street-Showers Drive Precise Plan, and P(12) 394 Ortega Avenue Precise Plan to P(40) San Antonio Precise Plan, to be read in title only, further reading waived, and set a second reading for December 9, 2014 (Attachment 3 to the Council report); 4. Adopt a Resolution Amending the San Antonio Station Precise Plan to Remove the Properties Rezoned as Part of the San Antonio Precise Plan, to be read in title only, further reading waived (Attachment 4 to the Council report); 5. Adopt a Resolution Adopting the San Antonio Precise Plan, to be read in title only, further reading waived (Attachment 5 to the Council report); and 6. Adopt a Resolution Adopting a Minimum Value for Public Benefits Provided By San Antonio Precise Plan Development, to be read in title only, further reading waived (Attachment 6 to the Council report). City of Mountain View Page 6 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM Attachment(s): Council Report ATT 1 - Resolution Certifying SAPP EIR ATT 2 - Resolution Amending General Plan Map ATT 3 - Ordinance Amending Zoning Map ATT 4 - Resolution Amending SA Station PP ATT 5 - Resolution Adopting SAPP ATT 6 - Resolution Establishing Public Benefits Value ATT 7 - November 17, 2014 EPC Staff Report ATT 8 - Resolution Adopting SAPP, Alt EPC Option ATT 9 - Community Benefits Memo ATT 10 - Draft Environmental Impact Report (EIR) ATT 11 - Final EIR & Response to Comments ATT 12 - Mitigation Monitoring & Reporting Program ATT 13 - October 7, 2014 Council Memo ATT 14 - Public Comment Letters City of Mountain View Page 7 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 6.2 405 San Antonio Road - Phase II. Recommendation(s): 1. Adopt a Resolution Certifying The Village at San Antonio Center Phase II Project Final Environmental Impact Report and Adopting CEQA Findings, Including a Statement of Overriding Considerations, 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 at 405-425 San Antonio Road, 377 San Antonio Road, 391 San Antonio Road, and 455 San Antonio Road (North Parcel Only) from the San Antonio Center Precise Plan (P(9)) Zoning District to P Zoning District, 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 Amending the San Antonio Center Precise Plan District Reference Map and Associated Language, to be read in title only, further reading waived (Attachment 3 to the Council report). 4. Adopt a Resolution Conditionally Approving a Planned Community Permit for a Total of 1,080,867 Square Feet; 107,835 Square Feet of Commercial, Retail, and Restaurant; a 49,751 Square Foot Cinema with 1,410 Seats; 360,909 Square Feet of Office; a 393,914 Square Foot Parking Garage with 1,386 Parking Stalls; a 128,642 Square Foot, 167-Room Hotel and Restaurant; Approximately 39,816 Square Feet of Retail Building Services and Circulation Area; and a Heritage Tree Removal Permit for the Removal of Seven Heritage Trees, to be read in title only, further reading waived (Attachment 4 to the Council report). 5. Adopt a Resolution Amending the Existing Planned Community Permit for the Phase I Project at 455 San Antonio Road, to be read in title only, further reading waived (Attachment 5 to the Council report). City of Mountain View Page 8 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM Attachment(s): Council Report ATT 1 - Resolution Certifying EIR ATT 2 - Ordinance Amending Zoning Map ATT 3 - Resolution Amending SAC PP District ATT 4 - Resolution Conditionally Approving P.C.P. ATT 5 - Resolution Amending Permit Phase I ATT 6 - July 1, 2014 City Council Staff Report ATT 7 - July 1, 2014 CC Minutes.pdf ATT 8 - March 4, 2014 - Study Session Memo ATT 9 - May 28, 2014 B/PAC Staff Report ATT 10 - June 18, 2014 EPC Staff Report ATT 11 - June 18, 2014 EPC Summary Minutes ATT 12 - Project Plans ATT 13 - EPC Comment Letters & Responses ATT 14 - EPC Endorsed PPA 7. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 8. CLOSED SESSION REPORT 9. ADJOURNMENT The next Council Meeting will be held on Tuesday, December 9, 2014, at 6:30 p.m. in the Council Chambers, 500 Castro Street. City of Mountain View Page 9 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 PM 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 10 of 11 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 2, 2014 - 5:30 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 11 of 11