City Council
Regular MeetingMountain View, CA · January 24, 2017
Minutes
CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 24, 2017 - 4:00 PM
CITY COUNCIL MEETING MINUTES PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST.
Margaret Abe-Koga, Councilmember Lisa Matichak, Councilmember
Christopher R. Clark, Councilmember Patricia Showalter, Councilmember
John McAlister, Councilmember Leonard Siegel, Vice Mayor
Daniel H. Rich, City Manager
Lorrie Brewer, City Clerk Ken S. Rosenberg, Mayor Jannie L. Quinn, City Attorney
January 24, 2017 Plaza & Council Chambers - 500 Castro St.
Due to circumstances beyond her control, Councilmember Abe-Koga was unable to participate by
teleconference.
4:00 P.M.-CLOSED SESSION (HELD IN THE PLAZA CONFERENCE ROOM)
1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION)
At 4:01 p.m., an announcement was made by Senior Deputy City Attorney Wright, who described
the item that Council would consider on the Closed Session Agenda below.
2. CLOSED SESSION
2.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of case: California Apartment Association v. City of Mountain View, Santa Clara County
Superior Court Case No. 16-CV-304253
Mayor Rosenberg called the meeting to order at 4:02 p.m.
Present: Councilmembers Clark (arrived at 4:11 p.m.), Matichak, McAlister, Showalter, Vice
Mayor Siegel and Mayor Rosenberg
Absent: Councilmember Abe-Koga
SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH
RECOMMENDATIONS:
Curtis Conroy
Gary Wesley
Steven Goldstein
Kacey Carpenter
Daniel Debolt
Marilu Delgado
Mayor Rosenberg closed the meeting to the public at 4:15 p.m.
The Closed Session concluded at 5:16 p.m.
City of Mountain View Page 1
City Council MEETING MINUTES 1/24/2017
5:00 P.M.-REGULAR SESSION (HELD IN THE COUNCIL CHAMBERS)
1. CALL TO ORDER
Mayor Rosenberg called the meeting to order at 5:35 p.m.
2. PLEDGE OF ALLEGIANCE
Dr. Mike Fischetti led the Pledge of Allegiance.
3. ROLL CALL
Present: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and Mayor
Rosenberg
Absent: 1- Councilmember Abe-Koga
4. CONSENT CALENDAR
Councilmember McAlister requested that Item 4.4 be removed from the
Consent Calendar.
MOTION - MS - Showalter/ Clark - To approve the Consent Calendar with
the exception of Item 4.4.
The motion carried by the following vote:
Yes: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and Mayor
Rosenberg
Absent: 1- Councilmember Abe-Koga
Councilmember Clark read the resolution titles for Items. 4.2 and 4.5 and
made the following motion.
MOTION - MS - Clark/ McAlister - To approve Items 4.2 and 4.5 on the
Consent Calendar.
The motion carried by the following vote:
Yes: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and Mayor
Rosenberg
Absent: 1- Councilmember Abe-Koga
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City Council MEETING MINUTES 1/24/2017
4.1 Approval of Minutes.
That City Council approve the January 10, 2017 Council meeting minutes.
4.2 Street Closure, Parking Lot Closure, Sound Amplification, and Festival Area
Designation for the Fourth Annual Silicon Valley Irish Festival and Fleadh.
Adopt Resolution No. 18122 to Approve the Closure of Certain Streets in
the Downtown Area and Lot No. 5 on Saturday, May 13, 2017, at 2:30 a.m.
until Sunday, May 14, 2017, at 10:00 p.m. for the Fourth Annual Silicon
Valley Irish Festival and Fleadh, to be read in title only, further reading
waived (Attachment 1 to the Council report).
4.3 715 East El Camino Real-Accept Public Improvements.
Accept the public improvements for the development at 715 East El Camino
Real, for maintenance throughout their useful lives.
4.4 Castro Street Complete Street-Modification to Castro Street Between El
Camino Real and Miramonte Avenue, Project 14-36-Amend Budget and
Award Construction Contract.
SPEAKING FROM THE FLOOR IN SUPPORT:
Gloria Miller
MOTION - MS - Clark/ McAlister - To:
1. Transfer and appropriate $280,000 from the Construction/Conveyance
Tax Fund to Castro Street Complete Street-Modification to Castro Street
Between El Camino Real and Miramonte Avenue, Project 14-36. (Five
votes required); and
2. Award the construction contract for the Castro Street Complete
Street-Modification to Castro Street Between El Camino Real and
Miramonte Avenue, Project 14-36, to JJR Construction, Inc., of San Mateo,
for the low bid price of $1,172,018.46.
The motion carried by the following vote:
Yes: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and Mayor
Rosenberg
Absent: 1- Councilmember Abe-Koga
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City Council MEETING MINUTES 1/24/2017
4.5 2016 Housing-Related Parks Grant.
1. Adopt Resolution No. 18123 of the Mountain View City Council
Authorizing an Application for the 2016 Housing-Related Parks Program
Grant, to be read in title only, further reading waived (Attachment 1 to the
Council report).
2. Allocate the 2016 Housing-Related Parks Program Grant funds to
Rengstorff Park for Community Center upgrades and improvements.
4.6 Approval of Business Terms and Contracting Authority for Short-Term
Homeless Initiatives.
Approve business terms with Santa Clara County and the Community
Services Agency, and authorize the City Manager to execute agreements
and potential extensions for short-term homeless initiatives to assist the
residents living in vehicles and unstably housed.
SPEAKING FROM THE FLOOR EXPRESSING APPRECIATION AND PROVIDING
INFORMATION:
Mike Fischetti
4.7 Contribution to the Housing Trust Silicon Valley.
Authorize the City Manager to execute an agreement with the Housing
Trust Silicon Valley for a City contribution of $150,000 in Fiscal Year
2016-17.
4.8 Annual Water and Sewer Main Replacements-Leong Drive, Projects 16-21
and 16-22-Authorize Design Services.
Authorize the City Manager to execute a design services contract with
Schaaf & Wheeler Consulting Civil Engineers of Santa Clara in a
not-to-exceed amount of $893,094 to provide civil engineering services to
design and prepare construction documents for the Annual Water and
Sewer Main Replacements-Leong Drive, Projects 16-21 and 16-22.
5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS
Joan MacDonald expressed appreciation to Council for its unanimous vote to defend Measure V in
court.
6. PUBLIC HEARING - None.
7. COUNCIL, STAFF/COMMITTEE REPORTS
Councilmember McAlister reported on his attendance at the California League of Cities
Transportation Committee meeting.
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City Council MEETING MINUTES 1/24/2017
Councilmember Clark reported on his attendance at the Mayor's Innovation Project Conference in
Washington D.C.
Vice Mayor Siegel reported on his attendance at the Permanente Creek Flood Protection Project
Groundbreaking event.
Councilmember Matichak reported on her attendance at the League of California Cities New
Mayors and Councilmembers Academy in Sacramento.
Mayor Rosenberg reported on his attendance at the Mayor's Innovation Project Conference and the
U.S. Conference of Mayors event, both of which were held in Washington D.C.
8. CLOSED SESSION REPORT
Note that this item was considered out of agenda order.
City Attorney Quinn reported that the City has been sued by the California Apartment Association
(Case #16CV304253). The lawsuit challenges the constitutionality of several provisions of the
Mountain View Community Stabilization and Fair Rent Act, which establishes rent control and just
cause eviction, as approved by the voters in the November election, as well as the City’s Urgency
Just Cause Eviction Ordinance.
In tonight’s closed session, the City Council directed the City Attorney to answer the complaint filed
by the CAA and oppose their request for a preliminary injunction. The City Council approved this
action by a unanimous vote of 6 - 0, with Councilmember Abe-Koga absent.
9. NEW BUSINESS (HELD IN THE PLAZA CONFERENCE ROOM)
9.1 Community Stabilization and Fair Rent Act Rental Housing Committee
Candidate Interview Process.
Housing and Neighborhood Services Manager Chen and Associate Planner van Deursen presented
oral staff reports and they, City Manager Rich and City Attorney Quinn, responded to Council's
questions.
MOTION - M/S Siegel/Showalter - To refer the issue of publically releasing
advisory body applications to the Council Procedures Committee.
The motion carried by the following vote:
Yes: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and
Mayor Rosenberg
Absent: 1- Councilmember Abe-Koga
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City Council MEETING MINUTES 1/24/2017
MOTION - M/S Siegel/Clark - That after tonight's meeting all remaining
applicants will be afforded an opportunity to withdraw their applications
prior to releasing the additional application information, as described by
the City Attorney, on January 31st.
Yes: 6- Councilmember Clark, Councilmember McAlister, Councilmember
Matichak, Councilmember Showalter, Vice Mayor Siegel, and
Mayor Rosenberg
Absent: 1- Councilmember Abe-Koga
Council decided by majority to ask the applicants questions 2 and 5 and conducted interviews of the
following 17 applicants:
Tom Means, Barbara Kuang, Vera Szepesi, James Leonard, Robin Booth, Steven Hochstadt, Evan
Ortiz, Frances Johnson, Joan MacDonald, Emily Ann Ramos, Julian Pardo de Zela, Patrick Moore,
Fred Kiani, Gene Lee, Angel Santaurio, Matthew Grunewald and Philip Marechal.
MOTION - M/S Seigel/McAlister - To conduct a second round of
interviews with the ten applicants selected: Tom Means, Vera Szepesi,
James Leonard, Steven Hochstadt, Evan Ortiz, Joan MacDonald, Emily
Ann Ramos, Julian Pardo de Zela, Gene Lee and Matthew Grunewald.
Yes: 5- Councilmember Clark, Councilmember McAlister, Councilmember
Showalter, Vice Mayor Siegel, and Mayor Rosenberg
No: 1- Councilmember Matichak
Absent: 1- Councilmember Abe-Koga
10. ADJOURNMENT - At 9:25 p.m., Mayor Rosenberg adjourned the meeting to the next
Council Meeting to be held on Tuesday, January 31, 2017, at 5:30 p.m. in the Plaza Conference
Room, 500 Castro Street.
ATTEST: APPROVED:
____________________________ ____________________________
LORRIE BREWER, MMC KEN S. ROSENBERG
CITY CLERK MAYOR
City of Mountain View Page 6
Agenda
CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 24, 2017 - 4:00 PM
CITY COUNCIL AGENDA AND NOTICE PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST.
Margaret Abe-Koga, Councilmember Lisa Matichak, Councilmember
Christopher R. Clark, Councilmember Patricia Showalter, Councilmember
John McAlister, Councilmember Leonard Siegel, Vice Mayor
Daniel H. Rich, City Manager
Lorrie Brewer, City Clerk Ken S. Rosenberg, Mayor Jannie L. Quinn, City Attorney
Plaza & Council Chambers - 500 Castro St. 4:00 PM Tuesday, January 24, 2017
THIS MEETING WILL BE TELECONFERENCED PURSUANT TO GOVERNMENT
CODE SECTION 54953(b) WITH COUNCILMEMBER ABE-KOGA PARTICIPATING
IN THE MEETING FROM THE RESIDENCE AT 679 CHURCH ST., MOUNTAIN
VIEW, CA 94041. 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.
4:00 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—EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of case: California Apartment Association v. City of Mountain View, Santa Clara County
Superior Court Case No. 16-CV-304253
5:00 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, Clark, Matichak, McAlister, Showalter, Vice Mayor Siegel, and
Mayor Rosenberg
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.
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City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2017 - 4:00 PM
4.1 Approval of Minutes.
Recommendation(s): That City Council approve the January 10, 2017 Council meeting minutes.
Attachment(s): 01-10-17 Council Minutes
4.2 Street Closure, Parking Lot Closure, Sound Amplification, and Festival Area Designation
for the Fourth Annual Silicon Valley Irish Festival and Fleadh.
Recommendation(s): Adopt a Resolution to Approve the Closure of Certain Streets in the
Downtown Area and Lot No. 5 on Saturday, May 13, 2017, at 2:30 a.m.
until Sunday, May 14, 2017, at 10:00 p.m. for the Fourth Annual Silicon
Valley Irish Festival and Fleadh, to be read in title only, further reading
waived (Attachment 1 to the Council report).
Attachment(s): Council Report
ATT 1 - Resolution
ATT 2 - Special Event Application
ATT 3 - Public Noticing Letter
4.3 715 East El Camino Real-Accept Public Improvements.
Recommendation(s): Accept the public improvements for the development at 715 East El
Camino Real, for maintenance throughout their useful lives.
Attachment(s): Council Report
4.4 Castro Street Complete Street-Modification to Castro Street Between El Camino Real and
Miramonte Avenue, Project 14-36-Amend Budget and Award Construction Contract.
Recommendation(s): 1. Transfer and appropriate $280,000 from the Construction/Conveyance
Tax Fund to Castro Street Complete Street-Modification to Castro Street
Between El Camino Real and Miramonte Avenue, Project 14-36. (Five
votes required)
2. Award the construction contract for the Castro Street Complete
Street-Modification to Castro Street Between El Camino Real and
Miramonte Avenue, Project 14-36, to JJR Construction, Inc., of San Mateo,
for the low bid price of $1,172,018.46.
Attachment(s): Council Report
4.5 2016 Housing-Related Parks Grant.
Recommendation(s): 1. Adopt a Resolution of the Mountain View City Council Authorizing an
Application for the 2016 Housing-Related Parks Program Grant, to be read
in title only, further reading waived (Attachment 1 to the Council report).
2. Allocate the 2016 Housing-Related Parks Program Grant funds to
Rengstorff Park for Community Center upgrades and improvements.
City of Mountain View Page 2 of 5
City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2017 - 4:00 PM
Attachment(s): Council Report
ATT 1 - Resolution
4.6 Approval of Business Terms and Contracting Authority for Short-Term Homeless
Initiatives.
Recommendation(s): Approve business terms with Santa Clara County and the Community
Services Agency, and authorize the City Manager to execute agreements
and potential extensions for short-term homeless initiatives to assist the
residents living in vehicles and unstably housed.
Attachment(s): Council Report
ATT 1 - Council Report—October 4, 2016
ATT 2 - Council Minutes—October 4, 2016
4.7 Contribution to the Housing Trust Silicon Valley.
Recommendation(s): Authorize the City Manager to execute an agreement with the Housing
Trust Silicon Valley for a City contribution of $150,000 in Fiscal Year
2016-17.
Attachment(s): Council Report
ATT 1 - Letter from the Housing Trust of Silicon Valley
4.8 Annual Water and Sewer Main Replacements-Leong Drive, Projects 16-21 and
16-22-Authorize Design Services.
Recommendation(s): Authorize the City Manager to execute a design services contract with
Schaaf & Wheeler Consulting Civil Engineers of Santa Clara in a
not-to-exceed amount of $893,094 to provide civil engineering services to
design and prepare construction documents for the Annual Water and
Sewer Main Replacements-Leong Drive, Projects 16-21 and 16-22.
Attachment(s): Council Report
Attachment 1 - Design Services 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.
6. PUBLIC HEARING - None.
7. COUNCIL, STAFF/COMMITTEE REPORTS
No action will be taken on any questions raised by the Council at this time.
8. CLOSED SESSION REPORT
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City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2017 - 4:00 PM
9. NEW BUSINESS (TO BE HELD IN THE PLAZA CONFERENCE ROOM)
9.1 Community Stabilization and Fair Rent Act Rental Housing Committee Candidate
Interview Process.
Recommendation(s): Determine the selection process, discuss the potential release of application
details, and interview applicants for the Rental Housing Committee who
will be responsible for the implementation and enforcement of the
Community Stabilization and Fair Rent Act.
Attachment(s): Council Report
10. ADJOURNMENT
The next Council Meeting will be held on Tuesday, January 31, 2017, at 5:30 p.m. in the Plaza
Conference Room, 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, JANUARY 24, 2017 - 4:00 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.
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