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City Council

Regular Meeting

Mountain View, CA · January 24, 2017

AgendaMinutes

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 City of Mountain View Page 2 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 City of Mountain View Page 3 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. City of Mountain View Page 4 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 City of Mountain View Page 5 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. City of Mountain View Page 1 of 5 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 City of Mountain View Page 3 of 5 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. City of Mountain View Page 5 of 5

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