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City Council

Regular Meeting

Mountain View, CA · December 1, 2015

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, DECEMBER 1, 2015 - 3:00 PM CITY COUNCIL MEETING MINUTES PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Councilmember John M. Inks, Councilmember Patricia Showalter, Vice Mayor R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk John McAlister, Mayor Jannie L. Quinn, City Attorney December 01, 2015 Plaza & Council Chambers - 500 Castro St. 3:00 P.M.-STUDY SESSION, PART 1 (HELD IN THE PLAZA CONFERENCE ROOM) 1. CALL TO ORDER Mayor McAlister called the meeting to order at 3:00 p.m. 2. ROLL CALL Present: 7- Mayor McAlister, Vice Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Councilmember Rosenberg, and Councilmember Siegel 3. STUDY SESSION 3.1 Environmental Planning Commission Candidate Interviews. Council conducted the interviews for the Environmental Planning Commission and by consensus recommended that Andrew Heaton and Preeti Hehmeyer be approved to serve. The Study Session concluded at 4:52 p.m. 5:00 P.M.-CLOSED SESSION (HELD IN THE PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 5:00 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 Real Property Negotiator (§54956.8)—Property: Portion of Mora Drive to be vacated (no street address and no APN)—Agency Negotiator: Dennis Drennan, Real Property Program Administrator—Negotiating Party: Lennar Homes—Under Negotiation: Price and Terms of Payment for the Sale of Real Property City of Mountain View Page 1 City Council MEETING MINUTES 12/1/2015 Mayor McAlister opened the meeting for public comment and seeing no one wishing to speak, closed the meeting to the public at 5:03 p.m. All Councilmembers were present. The Closed Session concluded at 5:20 p.m. 5:30 P.M.-STUDY SESSION, PART 2 (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor McAlister called the meeting to order at 5:30 p.m. 2. ROLL CALL Present: 7- Mayor McAlister, Vice Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Councilmember Rosenberg, and Councilmember Siegel 3. STUDY SESSION 3.1 Four Cities Coordinated Stevens Creek Trail Feasibility Study. Recreation Manager Marchant and Vice Mayor Showalter presented oral reports and they, City Manager Rich and Public Works Director Fuller, responded to Council's questions. SPEAKING FROM THE FLOOR IN SUPPORT AND WITH RECOMMENDATIONS: Ross Heitkamp The Study Session concluded at 6:15 p.m. 6:30 P.M.-SPECIAL SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor McAlister called the meeting to order at 6:30 p.m. Midpeninsula Regional Open Space Director Curt Riffle led the Pledge of Allegiance. City of Mountain View Page 2 City Council MEETING MINUTES 12/1/2015 2. ROLL CALL Present: 7- Mayor McAlister, Vice Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Councilmember Rosenberg, and Councilmember Siegel 3. PRESENTATION 3.1 Midpeninsula Regional Open Space Director Curt Riffle presented an update and responded to Council's questions regarding Measure AA Projects. 4. CONSENT CALENDAR MOTION - M/S Kasperzak/Inks - To approve the Consent Calendar. The motion carried unanimously. 4.1 Approval of Minutes. That Council approve the following minutes: 1. November 10, 2015 Council meeting; and 2. November 17, 2015 Council meeting. 4.2 2016 Council Meeting Schedule. Confirm the schedule for City Council meetings and Study Sessions for the 2016 calendar year. 4.3 1958 Rock Street (Tract 10212)-Accept Public Improvements. Accept the public improvements for the development at 1958 Rock Street (Tract 10212) for maintenance throughout their useful lives. 4.4 2014-15 Concrete Sidewalk and Curb Repairs, Project 15-06-Accept Construction. Accept 2014-15 Concrete Sidewalk and Curb Repairs, Project 15-06, and authorize the final contract payment. 4.5 Shorebird Way and Charleston Road Improvements-Accept Public Improvements. Accept the public improvements for the sidewalk along Shorebird Way and Charleston Road for maintenance throughout their useful lives. City of Mountain View Page 3 City Council MEETING MINUTES 12/1/2015 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Rae Tso expressed concerns with the permit processing backlog and provided recommendations to resolve the issues. Ms. Tso also expressed appreciation for the services she has received from Associate Planner Anderson in processing her permit. Elena Pacheco presented historical information regarding her efforts to apply for below market rate housing, and she expressed concerns with the reasons cited for denial of her application. Marilu Delgado spoke in support of having all rent relief information provided in Spanish. Ms. Delgado also responded to Council's questions. Job Lopez expressed concerns that the community present to speak with regard to rent relief were not allowed to speak until the end of the meeting. 6. PUBLIC HEARING 6.1 Charleston Retention Basin Project. Mayor McAlister opened the Public Hearing at 7:01 p.m. Senior Planner Williams, Google Real Estate Director John Igoe and Google Real Estate Project Executive Rachel Grossman presented oral reports and responded to Council's questions. SPEAKING FROM THE FLOOR IN SUPPORT OF THE PROJECT AND/OR WITH RECOMMENDATIONS: Ralph Schardt, Santa Clara Valley Audubon Society Executive Director Eileen McLaughlin, Citizens Committee to Complete the Refuge, Sierra Club Loma Prieta Chapter and the Committee for Green Foothills Linda Ruthruff, California Native Plant Society SPEAKING FROM THE FLOOR IN OPPOSITION TO THE PROJECT AND EXPRESSING CONCERNS: Paulo Gutsa Olga Zamaraeva Elena Tolstova Mayor McAlister closed the Public Hearing at 7:24 p.m. City of Mountain View Page 4 City Council MEETING MINUTES 12/1/2015 MOTION - M/S Siegel/Kasperzak - To: 1. Approve a Mitigated Negative Declaration for the Charleston Retention Basin Improvement Project (Attachment 1 to the Council report); and 2. Adopt Resolution No. 18009 for a Planned Community Permit for a Habitat Expansion and Restoration Project and a Heritage Tree Removal Permit to Allow the Removal of 119 Heritage Trees at the Charleston Retention Basin, to be read in title only, further reading waived (Attachment 2 to the Council report). The motion carried unanimously. 7. UNFINISHED BUSINESS 7.1 Consideration of Rent Relief Options. Neighborhood and Administrative Services Manager Lauzze and City Attorney Quinn presented oral staff reports and they, City Manager Rich, Community Services Agency Executive Director Tom Myers and Project Sentinel Dispute Resolution and Housing Counseling Programs Director Martin Eichner, responded to Council's questions. Council recessed at 8:41 p.m. and reconvened at 8:50 p.m. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Steve Welter. Mr. Welter also responded to Council's questions. Evan Ortiz. Mr. Ortiz also responded to Council's questions. Edie Keating Joan MacDonald, Advocates for Affordable Housing. Ms. MacDonald also responded to Council's questions. Jessica Epstein, Silicon Valley Association of Realtors. Ms. Epstein also responded to Council's questions. Mario Agustin. Mr. Agustin also responded to Council's questions. Suzette Spencer. Ms. Spencer also responded to Council's questions. Philip Cosby Marc Bryman. Mr. Bryman also responded to Council's questions. Jackie Cybele Mike Fischetti Barbara Williams, Silicon Valley Association of Realtors Joshua Howard, California Apartment Association Kathryn Tomaino Job Lopez Amy Sung Diane Gass City of Mountain View Page 5 City Council MEETING MINUTES 12/1/2015 MOTION - M/S Clark/Showalter - To: 1. Introduce an Ordinance Adding Chapter 43 to the Mountain View City Code Regarding Written Residential Rental Leases, to be read in title only, further reading waived, and set the second reading for December 8, 2015 (Attachment 1 to the Council report), with the following additions: - March 1, 2016 effective date for landlords to offer leases to their tenants who are on existing month-to-month rental agreements; - To authorize the City Attorney to make two sets of changes; allowing that if the tenant rejects a six-month or twelve-month lease, any other mutually agreed upon term of the lease is acceptable; and to clarify the language that six-month and twelve-month leases are offered, not "either/or;" - To strike the registration provision. The motion carried by the following vote: Yes: 6- Mayor McAlister, Vice Mayor Showalter, Councilmember Clark, Councilmember Kasperzak, Councilmember Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks MOTION - M/S Clark/Kasperzak - To: 1. Appropriate $150,000 in the Below-Market-Rate Housing Fund for rental assistance and authorize the City Manager to enter into an agreement with the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills (CSA) to administer a rent increase gap funding program. (Five votes required). The motion carried by the following vote: Yes: 6- Mayor McAlister, Vice Mayor Showalter, Councilmember Clark, Councilmember Kasperzak, Councilmember Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks City of Mountain View Page 6 City Council MEETING MINUTES 12/1/2015 A majority of the Council directed the City Attorney to bring back a draft ordinance for consideration by Council, outlining binding three step mediation process with arbitration by a 3rd party that complies with the Costa-Hawkins Rental Housing Act, including the following disputes subject to mediation: - Rent increase; - Security deposit; - Service reduction and repairs; - Break in lease; and - Notice to vacate. A majority of the Council directed staff to continue to review the issue of a safe parking program for recreational vehicles/vehicles and return to Council with an update. 8. COUNCIL, STAFF/COMMITTEE REPORTS - None. 9. CLOSED SESSION REPORT - None. 10. ADJOURNMENT - At 11:31 p.m., Mayor McAlister adjourned the meeting to the next City Council meeting to be held on Tuesday, December 8, 2015 at 6:30 p.m. in the Council Chambers, 500 Castro Street. ATTEST: APPROVED: ____________________________ ____________________________ LORRIE BREWER, MMC JOHN MCALISTER CITY CLERK MAYOR City of Mountain View Page 7

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, DECEMBER 1, 2015 - 3:00 PM CITY COUNCIL AGENDA AND NOTICE PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Councilmember John M. Inks, Councilmember Patricia Showalter, Vice Mayor R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Jannie L. Quinn, City Attorney John McAlister, Mayor Plaza & Council Chambers - 500 Castro St. 3:00 PM Tuesday, December 1, 2015 3:00 P.M.-STUDY SESSION, PART 1 (TO BE HELD IN THE PLAZA CONFERENCE ROOM) 1. CALL TO ORDER 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, Rosenberg, Siegel, Vice Mayor Showalter, and Mayor McAlister 3. STUDY SESSION 3.1 Environmental Planning Commission Candidate Interviews. Recommendation(s): Conduct interviews of the five candidates for the two Environmental Planning Commission vacancies. Attachment(s): Study Session Memo ATT 1 - EPC Members Selection Process ATT 2 - Board/Commission/Committee Member Selection Guidelines ATT 3 - Interview Schedule ATT 4 - List of Applicants 5:00 P.M.-CLOSED SESSION (TO BE HELD IN THE PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) 2. CLOSED SESSION 2.1 Conference with Real Property Negotiator (§54956.8)—Property: Portion of Mora Drive to be vacated (no street address and no APN)—Agency Negotiator: Dennis Drennan, Real Property Program Administrator—Negotiating Party: Lennar Homes—Under Negotiation: Price and Terms of Payment for the Sale of Real Property City of Mountain View Page 1 of 7 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 1, 2015 - 3:00 PM 5:30 P.M.-STUDY SESSION, PART 2 (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, Rosenberg, Siegel, Vice Mayor Showalter, and Mayor McAlister 3. STUDY SESSION 3.1 Four Cities Coordinated Stevens Creek Trail Feasibility Study. Recommendation(s): Receive background information on the Stevens Creek Trail Project, review the Four Cities Coordinated Stevens Creek Trail Feasibility Study and Joint Cities Working Team recommendations, and provide direction to staff. Attachment(s): Study Session Memo ATT 1 - Joint Cities Coordinated Stevens Creek Trail Feasibility Study ATT 2 - Stevens Creek Trail Process Map ATT 3 - Citizens Working Group Recommendations to the Joint Cities on the Stevens Creek Trail ATT 4 - Joint Cities Working Team Recommendations to the Councils 6:30 P.M.-SPECIAL SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, Rosenberg, Siegel, Vice Mayor Showalter, and Mayor McAlister 3. PRESENTATION 3.1 Measure AA Project Updates to be presented by Curt Riffle, Director, Midpeninsula Regional Open Space City of Mountain View Page 2 of 7 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 1, 2015 - 3:00 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 Approval of Minutes. Recommendation(s): That Council approve the following minutes: 1. November 10, 2015 Council meeting; and 2. November 17, 2015 Council meeting. Attachment(s): 11-10-15 Council Minutes 11-17-15 Council Minutes 4.2 2016 Council Meeting Schedule. Recommendation(s): Confirm the schedule for City Council meetings and Study Sessions for the 2016 calendar year. Attachment(s): Council Report 4.3 1958 Rock Street (Tract 10212)-Accept Public Improvements. Recommendation(s): Accept the public improvements for the development at 1958 Rock Street (Tract 10212) for maintenance throughout their useful lives. Attachment(s): Council Report 4.4 2014-15 Concrete Sidewalk and Curb Repairs, Project 15-06-Accept Construction. Recommendation(s): Accept 2014-15 Concrete Sidewalk and Curb Repairs, Project 15-06, and authorize the final contract payment. Attachment(s): Council Report 4.5 Shorebird Way and Charleston Road Improvements-Accept Public Improvements. Recommendation(s): Accept the public improvements for the sidewalk along Shorebird Way and Charleston Road for maintenance throughout their useful lives. Attachment(s): Council Report City of Mountain View Page 3 of 7 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 1, 2015 - 3:00 PM 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 HEARING 6.1 Charleston Retention Basin Project. Recommendation(s): 1. Approve a Mitigated Negative Declaration for the Charleston Retention Basin Improvement Project (Attachment 1 to the Council report). 2. Adopt a Resolution for a Planned Community Permit for a Habitat Expansion and Restoration Project and a Heritage Tree Removal Permit to Allow the Removal of 119 Heritage Trees at the Charleston Retention Basin, to be read in title only, further reading waived (Attachment 2 to the Council report). Attachment(s): Council Report ATT 1 - Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting P ATT 2 - Resolution ATT 3 - Project Plans ATT 4 - Support Letter City of Mountain View Page 4 of 7 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 1, 2015 - 3:00 PM 7. UNFINISHED BUSINESS 7.1 Consideration of Rent Relief Options. Recommendation(s): Consider a variety of rent relief options and take action or provide direction on one or more of the following: 1. Introduce an Ordinance Adding Chapter 43 to the Mountain View City Code Regarding Written Residential Rental Leases, to be read in title only, further reading waived, and set the second reading for December 8, 2015 (Attachment 1 to the Council report). 2. Appropriate $150,000 in the Below-Market-Rate Housing Fund for rental assistance and authorize the City Manager to enter into an agreement with the Community Services Agency of Mountain View, Los Altos, and Los Altos Hills (CSA) to administer the program. (Five votes required) 3. Identify the components of a Mandatory Mediation Program. 4. Appropriate and transfer $27,000 from the General Fund Reserve to the Community Development Department and appropriate $23,000 in the Rental Housing Impact Fund for preparation of a rent study and authorize the City Manager to enter into an agreement with consultants to prepare the study. (Five votes required) 5. Identify the purpose and components of data collection. 6. Discuss a safe parking program for recreational vehicles. 7. Provide other direction regarding the rent relief options, including, but not limited to, those discussed at the October 19, 2015 Study Session. Attachment(s): Council Report ATT 1 - Ordinance ATT 2 - October 19, 2015 Study Session ATT 3 - RealFacts Data ATT 4 - Rent Study 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 TUESDAY, DECEMBER 1, 2015 - 3:00 PM 10. ADJOURNMENT The next Council Meeting will be held on Tuesday, December 8, 2015, 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 6 of 7 City Council AGENDA AND NOTICE TUESDAY, DECEMBER 1, 2015 - 3:00 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 Thursday at 6:30 p.m., Saturday at 10:00 a.m., and Sunday at 5:00 p.m. following that week's Council meeting. 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

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