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City Council

Regular Meeting

Mountain View, CA · January 12, 2016

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 12, 2016 - 6:00 PM CITY COUNCIL MEETING MINUTES PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Vice Mayor John M. Inks, Councilmember John McAlister, Councilmember R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Patricia Showalter, Mayor Jannie L. Quinn, City Attorney January 12, 2016 Plaza & Council Chambers - 500 Castro St. 6:00 P.M.-CLOSED SESSION (HELD IN THE PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 6:00 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 LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case) Seeing no one wishing to speak, Mayor Showalter called the meeting to order at 6:02 p.m. and closed the meeting to the public. All Councilmembers were present. The Closed Session concluded at 6:19 p.m. 6:30 P.M.-REGULAR SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Showalter called the meeting to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Showalter led the Pledge of Allegiance. 3. ROLL CALL Present: 7- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel City of Mountain View Page 1 City Council MEETING MINUTES 1/12/2016 4. CONSENT CALENDAR Councilmember Siegel requested that Item 4.3 be pulled from the Consent Calendar. Councilmember Inks abstained from acting on Item 4.4. MOTION - M/S Kasperzak/Clark - To approve all items on the Consent Calendar, except Item 4.3, with Councilmember Inks abstaining from acting on Item 4.4. The motion carried unanimously. 4.1 Approval of Minutes. That City Council approve the following minutes: 1. December 1, 2015 Council Meeting; 2. December 8, 2015 Council Meeting; and 3. January 5, 2016 Council Meeting. 4.2 Adopt Amendment to City Code, Chapter 38 (Second Reading). Adopt Ordinance No. 1.16 Amending Article I of Chapter 38 of the Mountain View City Code Related to Regulating the Use of City Parks. (First reading: 7-0) 4.3 Limited-Period Funding and Amendment to Contract for the Multi-Family Housing Inspection Program. Fire Chief Diaz responded to Council's questions. MOTION - M/S Siegel/Kasperzak - To: 1. Increase appropriations by $57,000 in the Fire Department-Development Services Fund to retain limited-period contract personnel through June 30, 2016. (Five votes required); and 2. Authorize the City Manager to execute amendments to increase the contract with Shums Coda Associates from $62,000 to $112,000 for July 1, 2015 through June 30, 2016, for a total increase of $50,000. The motion carried unanimously. City of Mountain View Page 2 City Council MEETING MINUTES 1/12/2016 4.4 Notice of Intention to Vacate Public Street Easements on Mora Drive. Adopt Resolution No. 18018 of Intention to Vacate Public Street Easements on Mora Drive, to be read in title only, further reading waived, and set a date for a public hearing to consider the vacation for February 2, 2016. Councilmember Inks abstained from acting on this item. 4.5 Green Bike Lane Pilot Project, Project 15-48-Approve Plans/Specifications and Authorize Bidding. 1. Approve plans and specifications for the Green Bike Lane Pilot Project, Project 15-48, and authorize staff to advertise the project for bids. 2. Authorize the City Manager to award the construction contract to the lowest responsible bidder if the low bid is within the project budget. 4.6 Appointments to Council Advisory Bodies. 1. Adopt Resolution No. 18019 Appointing Sheetal Shah to the Library Board, to be read in title only, further reading waived (Attachment 1 to the Council report). 2. Confirm the appointment of Jamil Shaikh as the neighborhood association's representative to the Downtown Committee for the term January 1, 2016 to December 31, 2016 as recommended by the Old Mountain View Neighborhood Association. 5. ORAL COMMUNICATIONS - None. 6. PUBLIC HEARING - None. 7. NEW BUSINESS 7.1 Community Choice Energy Program. Environmental Sustainability Coordinator Attinger presented an oral staff report and he, Pacific Energy Advisors, Inc. Vice President Kirby Dusel and City Manager Rich, responded to Council's questions. City of Mountain View Page 3 City Council MEETING MINUTES 1/12/2016 SPEAKING FROM THE FLOOR IN SUPPORT AND/OR WITH RECOMMENDATIONS: Bruce Karney Ron Schafer Thida Cornes John Scarboro Margaret Abe-Koga Cliff Chambers Drishaan Jain Divija Hasteer Jennifer Tashjian Alina Feng Mike Balma SPEAKING FROM THE FLOOR EXPRESSING CONCERNS: Don Bahl MOTION - M/S Clark/Kasperzak - To approve the following actions related to the formation of, and the City of Mountain View’s membership in, the Silicon Valley Clean Energy Authority (SVCEA), an independent Joint Powers Authority, to establish a Community Choice Energy program and find that these actions are exempt from CEQA: 1. Introduce an Ordinance of the City Council of the City Of Mountain View Authorizing the Implementation of a Community Choice Aggregation (CCA) Program, and find that the program is exempt from CEQA pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308, to be read in title only, further reading waived (Attachment 1 to the Council report), and set second reading for January 26, 2016; 2. Adopt Resolution No. 18020 of the City Council of the City of Mountain View Approving the Joint Powers Authority Agreement Establishing the Silicon Valley Clean Energy Authority, and find that the program is exempt from CEQA pursuant to CEQA Guidelines 15378(b)(5) and 15061(b)(3), to be read in title only, further reading waived (Attachment 2 to the Council report); 3. Appropriate $450,000 from the General Fund Reserve to the Community Development Department Limited Period Expenditures to support the initial costs of the SVCEA. (Five votes required); 4. Authorize the City Manager to remit up to $450,000 to the SVCEA to support the initial costs of the SVCEA (including a contingency); 5. Direct staff to return to Council with an update and potential action regarding bridge financing for the SVCEA; and 6. Direct staff to return to Council with a proposal to provide interim project and/or staffing support to the SVCEA via a separate services agreement, if needed. The motion carried unanimously. City of Mountain View Page 4 City Council MEETING MINUTES 1/12/2016 MOTION - M/S Kasperzak/Rosenberg - To defer the appointment of a Director and alternate to a future meeting in order for individuals to submit a letter of interest in the positions. The motion carried by the following vote: Yes: 4- Mayor Showalter, Councilmember Inks, Councilmember Kasperzak, and Vice Mayor Rosenberg No: 3- Councilmember McAlister, Councilmember Clark, and Councilmember Siegel MOTION - M/S Clark/Siegel - To appoint either a Councilmember or a staff member as the alternate at the time that Council appoints the Director, and direct staff not to conduct a public outreach process for a member of the public to be the alternate. The motion carried by the following vote: Yes: 5- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, and Councilmember Siegel No: 2- Councilmember Kasperzak, and Vice Mayor Rosenberg 7.2 Hope Street Lots-Exclusive Right to Negotiate Agreement. Community Development Director Tsuda presented an oral staff report and he, The Robert Green Company Principal Robert Green, City Manager Rich, Economic Development Manager Andrade and City Attorney Quinn, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Stephanie Munoz David Lewis Carol Lewis Louise Katz Joan Brodovsky Joan MacDonald Lucas Ramirez Job Lopez Sarah McDermott, Unite Here Local 19 Greg Unangst Cliff Chambers Marilu Delgado Robert Green City of Mountain View Page 5 City Council MEETING MINUTES 1/12/2016 MOTION - M/S Clark/Kasperzak - To: 1. Approve The Robert Green Company as the best-qualified developer to develop the Hope Street Lots; 2. Authorize the City Manager or his designee to execute an Exclusive Right to Negotiate (ERN) Agreement with The Robert Green Company and commence the negotiation process for development of the Hope Street Lots; and 3. Authorize the City Manager or his designee to execute an amendment to the ERN Agreement to extend the term for an additional 60 days if negotiations are not complete, but are progressing. The motion carried by the following vote: Yes: 4- Councilmember McAlister, Councilmember Clark, Councilmember Kasperzak, and Vice Mayor Rosenberg No: 3- Mayor Showalter, Councilmember Inks, and Councilmember Siegel 8. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember McAlister reported on the City Manager's and his attendance at a meeting last week with multiple local city representatives regarding major transportation issues. Staff was directed to bring back to Council for its consideration at a future meeting, the issue of the Farmer's Market closure on Super Bowl Sunday. Mayor Showalter reported that she would be attending the San Francisco Bay Restoration Authority Governing Board meeting tomorrow. 9. CLOSED SESSION REPORT In accordance with the Brown Act, City Attorney Quinn presented the following: 1. Zachary Platt v. City of Mountain View Santa Clara County Superior Court, Case No. 1-14-CV-272157 has been resolved because the case has settled. The amount of the settlement in this personal injury case was $55,000; and 2. Announced approval of an agreement concluding labor negotiations with Mountain View Professional Firefighters, Local 1965. The parties have executed a side letter modifying the current labor agreement regarding tuition reimbursement and the pension contribution for members of this bargaining group. The remainder of the MOU provisions remain the same. City of Mountain View Page 6 City Council MEETING MINUTES 1/12/2016 10. ADJOURNMENT - At 10:00 p.m., Mayor Showalter adjourned the meeting to the next meeting to be held on Tuesday, January 19, 2016 at 6:30 p.m. in the Council Chambers, 500 Castro Street. ATTEST: APPROVED: ____________________________ ____________________________ LORRIE BREWER, MMC PAT SHOWALTER CITY CLERK MAYOR City of Mountain View Page 7

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 12, 2016 - 6:00 PM CITY COUNCIL AGENDA AND NOTICE PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Vice Mayor John M. Inks, Councilmember John McAlister, Councilmember R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Jannie L. Quinn, City Attorney Patricia Showalter, Mayor Plaza & Council Chambers - 500 Castro St. 6:00 PM Tuesday, January 12, 2016 6:00 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 LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case) 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 Clark, Inks, Kasperzak, McAlister, Siegel, Vice Mayor Rosenberg, and Mayor Showalter 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. City of Mountain View Page 1 of 6 City Council AGENDA AND NOTICE TUESDAY, JANUARY 12, 2016 - 6:00 PM 4.1 Approval of Minutes. Recommendation(s): That City Council approve the following minutes: 1. December 1, 2015 Council Meeting; 2. December 8, 2015 Council Meeting; and 3. January 5, 2016 Council Meeting. Attachment(s): 12-01-15 Council Minutes 12-08-15 Council Minutes 01-05-16 Council Meetings 4.2 Adopt Amendment to City Code, Chapter 38 (Second Reading). Recommendation(s): Adopt an Ordinance Amending Article I of Chapter 38 of the Mountain View City Code Related to Regulating the Use of City Parks. (First reading: 7-0) Attachment(s): Council Report ATT 1 - Ordinance 4.3 Limited-Period Funding and Amendment to Contract for the Multi-Family Housing Inspection Program. Recommendation(s): 1. Increase appropriations by $57,000 in the Fire Department-Development Services Fund to retain limited-period contract personnel through June 30, 2016. (Five votes required) 2. Authorize the City Manager to execute amendments to increase the contract with Shums Coda Associates from $62,000 to $112,000 for July 1, 2015 through June 30, 2016, for a total increase of $50,000. Attachment(s): Council Report 4.4 Notice of Intention to Vacate Public Street Easements on Mora Drive. Recommendation(s): Adopt a Resolution of Intention to Vacate Public Street Easements on Mora Drive, to be read in title only, further reading waived, and set a date for a public hearing to consider the vacation for February 2, 2016. Attachment(s): Council Report ATT 1 - Resolution City of Mountain View Page 2 of 6 City Council AGENDA AND NOTICE TUESDAY, JANUARY 12, 2016 - 6:00 PM 4.5 Green Bike Lane Pilot Project, Project 15-48-Approve Plans/Specifications and Authorize Bidding. Recommendation(s): 1. Approve plans and specifications for the Green Bike Lane Pilot Project, Project 15-48, and authorize staff to advertise the project for bids. 2. 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 4.6 Appointments to Council Advisory Bodies. Recommendation(s): 1. Adopt a Resolution Appointing Sheetal Shah to the Library Board, to be read in title only, further reading waived (Attachment 1 to the Council report). 2. Confirm the appointment of Jamil Shaikh as the neighborhood association's representative to the Downtown Committee for the term January 1, 2016 to December 31, 2016 as recommended by the Old Mountain View Neighborhood Association. Attachment(s): Council Report ATT 1 - Resolution 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 - None. 7. NEW BUSINESS City of Mountain View Page 3 of 6 City Council AGENDA AND NOTICE TUESDAY, JANUARY 12, 2016 - 6:00 PM 7.1 Community Choice Energy Program. Recommendation(s): Approve the following actions related to the formation of, and the City of Mountain View’s membership in, the Silicon Valley Clean Energy Authority (SVCEA), an independent Joint Powers Authority, to establish a Community Choice Energy program and find that these actions are exempt from CEQA. 1. Introduce an Ordinance of the City Council of the City Of Mountain View Authorizing the Implementation of a Community Choice Aggregation (CCA) Program, and find that the program is exempt from CEQA pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308, to be read in title only, further reading waived (Attachment 1 to the Council report), and set second reading for January 26, 2016. 2. Adopt a Resolution of the City Council of the City of Mountain View Approving the Joint Powers Authority Agreement Establishing the Silicon Valley Clean Energy Authority, and find that the program is exempt from CEQA pursuant to CEQA Guidelines 15378(b)(5) and 15061(b)(3), to be read in title only, further reading waived (Attachment 2 to the Council report). 3. Appropriate $450,000 from the General Fund Reserve to the Community Development Department Limited Period Expenditures to support the initial costs of the SVCEA. (Five votes required) 4. Authorize the City Manager to remit up to $450,000 to the SVCEA to support the initial costs of the SVCEA (including a contingency). 5. Appoint a regular Director and alternate Director to the SVCEA’s Board of Directors. 6. Direct staff to return to Council with an update and potential action regarding bridge financing for the SVCEA. 7. Direct staff to return to Council with a proposal to provide interim project and/or staffing support to the SVCEA via a separate services agreement, if needed. Attachment(s): Council Report ATT 1 - Ordinance ATT 2 - Resolution and JPA Agreement ATT 3 - Technical Study City of Mountain View Page 4 of 6 City Council AGENDA AND NOTICE TUESDAY, JANUARY 12, 2016 - 6:00 PM 7.2 Hope Street Lots-Exclusive Right to Negotiate Agreement. Recommendation(s): 1. Approve The Robert Green Company as the best-qualified developer to develop the Hope Street Lots. 2. Authorize the City Manager or his designee to execute an Exclusive Right to Negotiate (ERN) Agreement with The Robert Green Company and commence the negotiation process for development of the Hope Street Lots. 3. Authorize the City Manager or his designee to execute an amendment to the ERN Agreement to extend the term for an additional 60 days if negotiations are not complete, but are progressing. Attachment(s): Council Report ATT 1 - Study Session Report ATT 2 - Council Report ATT 3 - Council Report 8. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 9. CLOSED SESSION REPORT 10. ADJOURNMENT The next Council Meeting will be held on Tuesday, January 19, 2016, 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. City of Mountain View Page 5 of 6 City Council AGENDA AND NOTICE TUESDAY, JANUARY 12, 2016 - 6:00 PM 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. 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 6 of 6

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