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City Council

Regular Meeting

Mountain View, CA · March 22, 2016

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, MARCH 22, 2016 - 5:30 PM CITY COUNCIL MEETING MINUTES 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 March 22, 2016 Council Chambers - 500 Castro St. THIS SPECIAL MEETING WAS TELECONFERENCED (G.M.T. TIME ZONE) PURSUANT TO GOVERNMENT CODE SECTION 54953(b) WITH COUNCILMEMBER KASPERZAK PARTICIPATING IN THE MEETING FROM JEFFERSON HOTEL, 1200 16TH ST. NW, WASHINGTON, D.C. 20036. THE TELECONFERENCE LOCATION WAS ACCESSIBLE TO THE PUBLIC AND AN AGENDA FOR THE MEETING WAS POSTED AT THAT LOCATION PURSUANT TO GOVERNMENT CODE SECTION 54953(b)(3). MEMBERS OF THE PUBLIC HAD THE OPPORTUNITY TO ADDRESS THE LEGISLATIVE BODY AT THIS LOCATION. 5:30 P.M.-STUDY SESSION 1. CALL TO ORDER Mayor Showalter called the meeting to order at 5:34 p.m. 2. ROLL CALL Present: 7- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel Councilmember McAlister arrived at 6:47 p.m. 3. STUDY SESSION 3.1 Mountain View Transit Center Master Plan. Consultant Jim Lightbody presented an oral report and he, City Attorney Quinn, City Manager Rich and Kimley Horn and Associates Transit Practice Builder Adam Dankberg, responded to Council's questions. City of Mountain View Page 1 City Council MEETING MINUTES 3/22/2016 SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Doug Pearson Valerie Fenwick Patrick Moore Roland Lebrun Jim Neal. Mr. Neal also responded to Council's questions. Janet Lefleur Norm Goldblatt Sarah Astles. Ms. Astles also responded to Council's questions. Cliff Chambers Adina Levin Robert Starling Jenny Morton Max Hauser Serge Bonte Cherie Walkowiak Julie Smiley. Ms. Smiley also responded to Council's questions. The Study Session concluded at 7:32 p.m. 6:30 P.M.-REGULAR SESSION 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Showalter called the meeting to order at 7:46 p.m., and led the Pledge of Allegiance. 2. ROLL CALL Present: 6- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Vice Mayor Rosenberg, and Councilmember Siegel Absent: 1- Councilmember Kasperzak 3. PRESENTATION 3.1 Mayor Showalter presented a slide show celebrating the 25th Anniversary of the Dedication of the Mountain View Civic Center - Dedicated on March 23, 1991 4. CONSENT CALENDAR Councilmember Siegel requested that Item 4.3 be removed from the Consent Calendar. Councilmember Inks registered a no vote on Item 4.2. City of Mountain View Page 2 City Council MEETING MINUTES 3/22/2016 MOTION - M/S McAlister/Rosenberg - To approve the remaining items on the Consent Calendar, with Councilmember Inks registering a no vote on Item 4.2. The motion carried by the following vote: Yes: 6- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Vice Mayor Rosenberg, and Councilmember Siegel Absent: 1- Councilmember Kasperzak 4.1 Rezoning for 779 East Evelyn Avenue (Second Reading). Adopt Ordinance No. 4.16 Amending the Zoning Map of the City of Mountain View for the Property Located at 779 East Evelyn Avenue From the P-30 (Sylvan-Dale) Precise Plan to the R4 (High-Density Residential) Zoning District. (First reading: 7-0) 4.2 Adopt an Ordinance Amending Article I of Chapter 43 of the Mountain View City Code Related to the Right-to-Lease Ordinance (Second Reading). Adopt Ordinance No. 5.16 Amending Article I of Chapter 43 of the Mountain View City Code Related to the Right-to-Lease Ordinance. (First reading: 6-1; Inks no) Councilmember Inks recorded a no vote on this item. 4.3 Ordinance Adding Article II to Chapter 43 of the Mountain View City Code to Adopt a Rental Housing Dispute Resolution Program (Including Nonbinding Arbitration) (Second Reading). SPEAKING FROM THE FLOOR EXPRESSING CONCERNS; Gary Wesley. Mr. Wesley also responded to Council's questions. MOTION - M/S Clark/McAlister - To continue the item to the next regular City Council meeting of April 26, 2016. The motion carried by the following vote: Yes: 5- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Vice Mayor Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks Absent: 1- Councilmember Kasperzak City of Mountain View Page 3 City Council MEETING MINUTES 3/22/2016 4.4 2012-13 Miscellaneous Water and Sanitary Sewer Main Replacements, Projects 13-21 and 13-22-Accept Construction. Accept 2012-13 Miscellaneous Water and Sanitary Sewer Main Replacements, Projects 13-21 and 13-22, and authorize the final contract payment. 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Arpita Singhal, a senior at Saint Francis High School, presented information regarding EMpower, a non-profit organization that she founded. Ms. Singhal also responded to Council's questions. Gene Lee made recommendations to Council regarding types of office space that should be allowed on Castro Street. Austin Lee spoke in support of tall and dense housing construction in the City Mountain View. Stephanie Munoz expressed concerns with the lack of affordable housing in the City of Mountain View and she presented recommendations to remedy the problem. Serge Bonte made recommendations for items for Council to consider with regarding to the distribution of the Shoreline Regional Park Community tax funds. 6. PUBLIC HEARING - None. 7. NEW BUSINESS 7.1 Parking Requirements for an Affordable Housing Proposal at 1701-1707 West El Camino Real (Palo Alto Housing). Project Manager Gil presented an oral staff report and she, City Manager Rich and Palo Alto Housing Corporation Executive Director Candice Gonzalez, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Daniel Opine SPEAKING FROM THE FLOOR IN SUPPORT OF THE PROJECT AND/OR WITH RECOMMENDATIONS: Stephanie Munoz Serge Bonte Dave King Cherie Walkowiak Aldina Levin, Friends of Caltrain City of Mountain View Page 4 City Council MEETING MINUTES 3/22/2016 MOTION - M/S Siegel/Inks - To approve an initial parking ratio of 0.45 spaces per unit to be used to refine the design for the Palo Alto Housing affordable housing development located at 1701-1707 West El Camino Real. The motion carried by the following vote: Yes: 6- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Vice Mayor Rosenberg, and Councilmember Siegel Absent: 1- Councilmember Kasperzak 7.2 East Whisman Precise Plan Scope of Work. Associate Planner Hagan presented an oral staff report and she, City Manager Rich and Principal Planner Alkire, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Ron Golem, Santa Clara Valley Transportation Authority Deputy Director of Real Estate Dan Eakins Serge Bonte Adina Levin MOTION - M/S Rosenberg/McAlister - To authorize the City Manager or designee to execute a contract with David J. Powers & Associates, Inc., an environmental consultant, to prepare an East Whisman Precise Plan Environmental Impact Report in an amount not to exceed $649,846. The motion carried by the following vote: Yes: 5- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Vice Mayor Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks Absent: 1- Councilmember Kasperzak 7.3 Consideration of Local Campaign Disclosure and Reporting Regulations. City Attorney Quinn and Senior Deputy City Attorney Wright presented oral reports and they, and City Clerk Brewer, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Don Bahl Katie Zoglin Emily Ann Ramos Serge Bonte City of Mountain View Page 5 City Council MEETING MINUTES 3/22/2016 MOTION - M/S Clark/Siegel - To direct the City Attorney to return to Council with the following amendments to the Voluntary Expenditure Limits Ordinance: 1. that Independent Expenditure Committees disclose the top five contributors of donations made to local candidates at a threshold of $2,500 or more; 2. to address the layering and earmarking provisions, if possible; 3. require that mass mailings, flyers and newspaper ads circulated by Independent Expenditure Committees include the list of the top five contributors of donations made to local candidates at a threshold of $2,500 or more; 4. and with further direction for staff to provide options for campaign disclosure electronic filing. The motion carried by the following vote: Yes: 5- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Vice Mayor Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks Absent: 1- Councilmember Kasperzak 8. COUNCIL, STAFF/COMMITTEE REPORTS - None 9. CLOSED SESSION REPORT - None 10. ADJOURNMENT - At 10:46 p.m., Mayor Showalter adjourned the meeting to the next Council Meeting to be held on Tuesday, March 29, 2016 at 6:30 p.m. in Council Chambers, 500 Castro Street. ATTEST: APPROVED: ____________________________ ____________________________ LORRIE BREWER, MMC PATRICIA SHOWALTER CITY CLERK MAYOR City of Mountain View Page 6

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, MARCH 22, 2016 - 5:30 PM CITY COUNCIL AGENDA AND NOTICE 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 Council Chambers - 500 Castro St. 5:30 PM Tuesday, March 22, 2016 THIS SPECIAL MEETING WILL BE TELECONFERENCED (G.M.T. TIME ZONE) PURSUANT TO GOVERNMENT CODE SECTION 54953(b) WITH COUNCILMEMBER KASPERZAK PARTICIPATING IN THE MEETING FROM JEFFERSON HOTEL, 1200 16TH ST. NW, WASHINGTON, D.C. 20036. THE TELECONFERENCE LOCATION WILL BE ACCESSIBLE TO THE PUBLIC AND AN AGENDA FOR THE MEETING WILL BE POSTED AT THAT LOCATION PURSUANT TO GOVERNMENT CODE SECTION 54953(b)(3). MEMBERS OF THE PUBLIC HAVE THE OPPORTUNITY TO ADDRESS THE LEGISLATIVE BODY AT THIS LOCATION. 5:30 P.M.-STUDY SESSION 1. CALL TO ORDER 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, McAlister, Siegel, Vice Mayor Rosenberg, and Mayor Showalter 3. STUDY SESSION 3.1 Mountain View Transit Center Master Plan. Recommendation(s): The purpose of this Study Session is to: 1. Present and discuss conceptual alternatives for the elimination of the at-grade crossing of Castro Street and the railroad tracks. 2. Obtain Council input regarding the grade-separation alternatives and the evaluation process (and specific measures) to be used to identify a preferred grade-separation alternative. City of Mountain View Page 1 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 22, 2016 - 5:30 PM Attachment(s): Study Session Memo ATT 1 - Public Comment Summary ATT 2 - Alternative 1 Details ATT 3 - Alternative 2 Details ATT 4 - Alternative 3 Details ATT 5 - Alternative 4 Details 6:30 P.M.-REGULAR SESSION 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, McAlister, Siegel, Vice Mayor Rosenberg, and Mayor Showalter 3. PRESENTATION 3.1 Mountain View Civic Center Celebrates 25 Years - Dedicated on March 23, 1991 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 Rezoning for 779 East Evelyn Avenue (Second Reading). Recommendation(s): Adopt an Ordinance Amending the Zoning Map of the City of Mountain View for the Property Located at 779 East Evelyn Avenue From the P-30 (Sylvan-Dale) Precise Plan to the R4 (High-Density Residential) Zoning District. (First reading: 7-0) Attachment(s): Council Report ATT 1 - Ordinance 4.2 Adopt an Ordinance Amending Article I of Chapter 43 of the Mountain View City Code Related to the Right-to-Lease Ordinance (Second Reading). Recommendation(s): Adopt an Ordinance Amending Article I of Chapter 43 of the Mountain View City Code Related to the Right-to-Lease Ordinance. (First reading: 6-1; Inks no) Attachment(s): Council Report ATT 1 - Ordinance City of Mountain View Page 2 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 22, 2016 - 5:30 PM 4.3 Ordinance Adding Article II to Chapter 43 of the Mountain View City Code to Adopt a Rental Housing Dispute Resolution Program (Including Nonbinding Arbitration) (Second Reading). Recommendation(s): Adopt an Ordinance Adding Article II to Chapter 43 of the Mountain View City Code to Adopt a Rental Housing Dispute Resolution Program (Including Nonbinding Arbitration). (First reading: 4-3; Siegel, Rosenberg, Inks no) Attachment(s): Council Report ATT 1 - Ordinance 4.4 2012-13 Miscellaneous Water and Sanitary Sewer Main Replacements, Projects 13-21 and 13-22-Accept Construction. Recommendation(s): Accept 2012-13 Miscellaneous Water and Sanitary Sewer Main Replacements, Projects 13-21 and 13-22, and authorize the final contract payment. 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. 6. PUBLIC HEARING - None. 7. NEW BUSINESS 7.1 Parking Requirements for an Affordable Housing Proposal at 1701-1707 West El Camino Real (Palo Alto Housing). Recommendation(s): Approve an initial parking ratio of 0.45 spaces per unit to be used to refine the design for the Palo Alto Housing affordable housing development located at 1701-1707 West El Camino Real. Attachment(s): Council Report ATT 1 - Parking Study ATT 2 - Site Plan 7.2 East Whisman Precise Plan Scope of Work. Recommendation(s): Authorize the City Manager or designee to execute a contract with David J. Powers & Associates, Inc., an environmental consultant, to prepare an East Whisman Precise Plan Environmental Impact Report in an amount not to exceed $649,846. City of Mountain View Page 3 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 22, 2016 - 5:30 PM Attachment(s): Council Report ATT 1 - City Council Report Dated June 23, 2015 ATT 2 - David J. Powers EIR Scope of Work ATT 3 - East Whisman Change Area ATT 4 - VTA Grant Scope of Work ATT 5 - Letters from Property Owners 7.3 Consideration of Local Campaign Disclosure and Reporting Regulations. Recommendation(s): Provide direction to staff regarding potential enhancements to the disclosure and reporting requirements related to local campaigns. Attachment(s): Council Report ATT 1 - Campaign Disclosures and Contributions Memorandum 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, March 29, 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. 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 4 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 22, 2016 - 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 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 5 of 5

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