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City Council

Regular Meeting

Mountain View, CA · March 27, 2018

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, MARCH 27, 2018 - 5:30 PM CITY COUNCIL MEETING MINUTES PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Margaret Abe-Koga, Councilmember Ken S. Rosenberg, Councilmember Christopher R. Clark, Councilmember Patricia Showalter, Councilmember John McAlister, Councilmember Lisa Matichak, Vice Mayor Daniel H. Rich, City Manager Jannie L. Quinn, City Attorney Lisa Natusch, City Clerk Leonard Siegel, Mayor March 27, 2018 Plaza & Council Chambers - 500 Castro St. 5:30 P.M.-CLOSED SESSION (HELD IN THE PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 5:30 p.m., City Clerk Lisa Natusch announced the item for Closed Session. Vice Mayor Matichak called the meeting to order at 5:32 p.m. with Mayor Siegel absent. Public Comment opened at 5:38 p.m. The following members of the public spoke: Matthew Love, Insight Realty Company Robert Green, The Robert Green Company Public Comment closed at 5:44 p.m. Council convenened to Closed Session at 5:45 p.m. 2. CLOSED SESSION 2.1 Conference with Real Property Negotiator (§54956.8)—Property: Hope Street Parking Lots 4 and 8 (No Situs; APNs 158-20-069 and 158-20-069, respectively); 727-747 W. Evelyn Avenue and 701 W. Evelyn Avenue (APNs 158-20-015 and 158-20-066, respectively); and 714-738 Villa Street and 740-746 Villa Street (APNs 158-20-008 and 158-20-009, respectively)—Agency Negotiators: Alex Andrade, Economic Development Manager and Dennis Drennan, Real Property Program Administrator—Negotiating Parties: The Robert Green Company (as to Hope Street Parking Lots 4 and 8), C-M Evelyn Station LLC/Marwood (as to 727-747 and 701 W. Evelyn Avenue) and Calvano Development (as to 714-738 and 740-746 Villa Street)—Under Negotiation: Price and Terms of Payment for the Acquisition/Lease/Exchange of Real Property The Closed Session concluded at 6:32 p.m. 6:30 P.M.-REGULAR SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE City of Mountain View Page 1 City Council MEETING MINUTES 3/27/2018 Vice Mayor Matichak called the meeting to order at 6:45 p.m. and Tom Natusch led the Pledge of Allegiance. 2. ROLL CALL Present: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak Absent: 1- Mayor Siegel 3. SWEARING-IN CEREMONY FOR CITY CLERK Deputy City Clerk Wanda Wong administered the Oath of Office to City Clerk Lisa Natusch. 4. CONSENT CALENDAR Councilmember McAlister requested to pull Item 4.2 MOTION - MS - Rosenberg/Abe-Koga - To approve the Consent Calendar with the exception of Item 4.2. The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak Absent: 1- Mayor Siegel 4.1 Approval of Minutes. That City Council approve the January 22, 2018 Council meeting minutes. 4.2 Amendments to the Tenant Relocation Assistance Ordinance (Second Reading). City Attorney Jannie Quinn responded to Council questions. Public Comment opened at 6:54 p.m. No speakers. Public Comment closed at 6:54 p.m. MOTION - MS - Clark/Rosenberg - To adopt an Ordinance Amending Article XIII of Chapter 36 Relating to Tenant Relocation Assistance (Attachment 1 to the Council report). The motion failed by the following vote: City of Mountain View Page 2 City Council MEETING MINUTES 3/27/2018 Yes: 3- Councilmember Clark, Councilmember Rosenberg, Councilmember Showalter No: 3- Councilmember Abe-Koga, Councilmember McAlister, Vice Mayor Matichak Absent: 1- Mayor Siegel MOTION - MS - Clark/Showalter - To continue the item to April 24, 2018. The motion carried by the following vote: Yes: 5- Councilmember Abe-Koga, Councilmember Clark, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak No: 1- Councilmember McAlister Absent: 1- Mayor Siegel 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Karen Skold spoke in support of Measure V and requested a video with Councilmember Abe-Koga be withdrawn. Joan MacDonald expressed concerns regarding a video with Councilmember Abe-Koga. Bee Hanson, Santiago Villa Mobile Home Park, expressed concerns regarding a video with Councilmember Abe-Koga. Irene Yoshida expressed concerns regarding a video with Councilmember Abe-Koga and requested it be withdrawn. Paula Perez spoke in support of Measure V. Maria Rangel spoke in support of Measure V. Ronald Schafer spoke in support of Measure V and expressed concerns regarding information circulating about Measure V’s purpose, effectiveness and cost. Councilmember Abe-Koga responded to comments made by speakers. 6. PUBLIC HEARING 6.1 Modifications to Grant/Phyllis/Martens Intersection, Project 15-31-Amend Budget and Award Construction Contract, Approve the Acquisition of Easement Rights from 1549 Grant Road (APN 197-41-069) and Adopt a Resolution of Necessity and Authorize the Initiation of Eminent Domain Proceedings for the Acquisition of Easement Rights from 152 Martens Avenue (APN 197-41-060). City of Mountain View Page 3 City Council MEETING MINUTES 3/27/2018 Real Property Program Administrator Dennis Drennan stated recommendations four and five are removed from consideration at this time. Mr. Drennan and Traffic Engineer Sayed Fakhry presented the staff report and responded to Council questions. Public Hearing opened at 7:35 p.m. The following member of the public spoke and presented display materials: Unidentified male speaker Public Hearing closed at 7:39 p.m. MOTION - MS - Clark/Abe-Koga - To: 1. Transfer and appropriate $1,200,000 from the Construction/Conveyance Tax Fund to Modifications to Grant/Phyllis/Martens Intersection, Project 15-31; 2. Award the construction contract for Modifications to Grant/Phyllis/Martens Intersection, Project 15-31, to Redgwick Construction Company of Oakland, California, for the low bid price of $1,332,697 and authorize the City Manager to execute the contract; and 3. Approve the acquisition of easement rights from a portion of real property located at 1549 Grant Road (APN 197-41-069) and authorize the City Manager or his designee to execute all documents and take all necessary actions related to the acquisition of the easement rights. The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak Absent: 1- Mayor Siegel 6.2 Gatekeeper Process Update and Minor Code Amendments. Assistant Planner Aaron Peth presented the staff report. Acting Zoning Administrator Stephanie Williams, City Manager Dan Rich, City Attorney Jannie Quinn and Community Development Director Randy Tsuda provided additional information. Public Hearing opened at 8:07 p.m. The following members of the public spoke: Jim Pollard City of Mountain View Page 4 City Council MEETING MINUTES 3/27/2018 Liz Ambra Ken Watanabe Bill Maston, Architect Joan MacDonald Don Lapidas Public Hearing closed at 8:20 p.m. MOTION - MS - McAlister/Clark - To Introduce an Ordinance Amending Sections of Chapter 36 of the Mountain View City Code Related to an Update of the Gatekeeper Process of Division 12 and Division 13 of Article XVI and Other Minor Code Amendments, to be read in title only, further reading waived, and set a second reading for April 24, 2018 (Attachment 1 to the Council report); and in addition, include the Environmental Planning Commission recommendations of a 750 foot radius and a 14-day timeframe for noticing; and include language in the ordinance regarding split zoning such as, "the proposed zoning would need to be one of the existing underlying land use types." Following discussion, City Manager Rich suggested Council direct staff to come back at a later date to have a broader discussion regarding Citywide noticing standards. Director of Community Development Tsuda stated staff can implement as an administrative policy a 500 foot radius and 14-days notice for any Gatekeeper request and if authorized, and the application is submitted, staff would continue to use that policy until the overall discussion of noticing standards. RESTATED MOTION - MS - McAlister/Clark - To Introduce an Ordinance Amending Sections of Chapter 36 of the Mountain View City Code Related to an Update of the Gatekeeper Process of Division 12 and Division 13 of Article XVI and Other Minor Code Amendments, to be read in title only, further reading waived, and set a second reading for April 24, 2018 (Attachment 1 to the Council report); and direct staff in the interim to increase noticing to 500 feet and 14 days for Gatekeepers and return at a future date to have a broader discussion regarding noticing; and include language as clarified by City Attorney Quinn and Acting Zoning Administrator Williams to modify 36.52.15 Special Application Requirements, Section e.1 to "project sites with more than one zoning district, under two acres total in size, and owned by a single entity if the change is consistent with one of the site's existing land use designations or land use types" and use the same language in 36.52.55 f.1. The motion carried by the following vote: City of Mountain View Page 5 City Council MEETING MINUTES 3/27/2018 Yes: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak Absent: 1- Mayor Siegel MOTION - Councilmember Showalter moved to direct staff to consider other exemptions that would increase housing development particularly for for-sale housing and bring them back to Council at an appropriate time. By show of hands, a majority of Council supported the direction to staff. 7. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember Showalter reported her attendance at a Regional Housing Needs Allocation subgroup meeting; her participation in a panel discussion on accessory dwelling units, and her attendance at the Water Conservation Awards. Councilmember Rosenberg provided an update on the International Institute of Human Rights. Vice Mayor Matichak reported her attendance at the Chamber of Commerce State of City event, the City Employee Service Awards, and a meeting of the Ad Hoc Advisory Committee on South Flow Arrivals. 8. CLOSED SESSION REPORT - No report. 9. ADJOURNMENT - At 8:55 p.m., Vice Mayor Matichak adjourned the meeting to the next Council Meeting to be held on Tuesday, April 3, 2018, at 5:30 p.m. in the Council Chambers, 500 Castro Street. ATTEST: APPROVED: ____________________________ ____________________________ LISA NATUSCH LEONARD M. SIEGEL CITY CLERK MAYOR City of Mountain View Page 6

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, MARCH 27, 2018 - 5:30 PM CITY COUNCIL AGENDA AND NOTICE PLAZA & COUNCIL CHAMBERS - 500 CASTRO ST. Margaret Abe-Koga, Councilmember Ken S. Rosenberg, Councilmember Christopher R. Clark, Councilmember Patricia Showalter, Councilmember John McAlister, Councilmember Lisa Matichak, Vice Mayor Daniel H. Rich, City Manager Jannie L. Quinn, City Attorney Lisa Natusch, City Clerk Leonard Siegel, Mayor Plaza & Council Chambers - 500 Castro St. 5:30 PM Tuesday, March 27, 2018 5:30 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: Hope Street Parking Lots 4 and 8 (No Situs; APNs 158-20-069 and 158-20-069, respectively); 727-747 W. Evelyn Avenue and 701 W. Evelyn Avenue (APNs 158-20-015 and 158-20-066, respectively); and 714-738 Villa Street and 740-746 Villa Street (APNs 158-20-008 and 158-20-009, respectively)—Agency Negotiators: Alex Andrade, Economic Development Manager and Dennis Drennan, Real Property Program Administrator—Negotiating Parties: The Robert Green Company (as to Hope Street Parking Lots 4 and 8), C-M Evelyn Station LLC/Marwood (as to 727-747 and 701 W. Evelyn Avenue) and Calvano Development (as to 714-738 and 740-746 Villa Street)—Under Negotiation: Price and Terms of Payment for the Acquisition/Lease/Exchange of Real Property 6:30 P.M.-REGULAR SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. ROLL CALL Councilmembers Abe-Koga, Clark, McAlister, Rosenberg, Showalter, Vice Mayor Matichak, and Mayor Siegel 3. SWEARING-IN CEREMONY FOR CITY CLERK The Deputy City Clerk will administer the Oath of Office to City Clerk Lisa Natusch. Page 1 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 27, 2018 - 5:30 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 City Council approve the January 22, 2018 Council meeting minutes. Attachment(s): 01-22-18 Council Minutes 4.2 Amendments to the Tenant Relocation Assistance Ordinance (Second Reading). Recommendation(s): Adopt an Ordinance Amending Article XIII of Chapter 36 Relating to Tenant Relocation Assistance (Attachment 1 to the Council report). (First reading: 5-2; Abe-Koga, Matichak no) Attachment(s): Council Report ATT 1 - Ordinance 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 Modifications to Grant/Phyllis/Martens Intersection, Project 15-31-Amend Budget and Award Construction Contract, Approve the Acquisition of Easement Rights from 1549 Grant Road (APN 197-41-069) and Adopt a Resolution of Necessity and Authorize the Initiation of Eminent Domain Proceedings for the Acquisition of Easement Rights from 152 Martens Avenue (APN 197-41-060). Recommendation(s): 1. Transfer and appropriate $1,200,000 from the Construction/Conveyance Tax Fund to Modifications to Grant/Phyllis/Martens Intersection, Project 15-31. (Five votes required) 2. Award the construction contract for Modifications to Grant/Phyllis/Martens Intersection, Project 15-31, to Redgwick Construction Company of Oakland, California, for the low bid price of $1,332,697 and authorize the City Manager to execute the contract. 3. Approve the acquisition of easement rights from a portion of real property located at 1549 Grant Road (APN 197-41-069) and authorize the City Manager or his designee to execute all documents and take all necessary actions related to the acquisition of the easement rights. Page 2 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 27, 2018 - 5:30 PM 4. Adopt a Resolution of Necessity Determining that the Public Interest and Necessity Require the Acquisition of Certain Easement Rights from a portion of a real property located at 152 Martens Avenue (APN 197-41- 060) and Directing the Filing of Eminent Domain Proceedings, to be read in title only, further reading waived (Attachment 2 to the Council report). (Five votes required) 5. Authorize the City Attorney to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire easement rights from 152 Martens Avenue (APN 197-41-060) by eminent domain, if necessary. Attachment(s): Council Report ATT 1 - Plats and Legal Descriptions ATT 2 - Resolution of Necessity, 152 Martens Ave. 6.2 Gatekeeper Process Update and Minor Code Amendments. Recommendation(s): Introduce an Ordinance Amending Sections of Chapter 36 of the Mountain View City Code Related to an Update of the Gatekeeper Process of Division 12 and Division 13 of Article XVI and Other Minor Code Amendments, to be read in title only, further reading waived, and set a second reading for April 24, 2018 (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Draft Ordinance with Zoning Ordinance Amendments ATT 2 - City Council Study Session Report - March 2017 ATT 3 - Summary of Draft Amendments ATT 4 - EPC Staff Report - March 7, 2018 ATT 5 - Draft Ordinance with Changes Identified ATT 6 - Draft Amendment Authorization Criteria Chart 7. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 8. CLOSED SESSION REPORT 9. ADJOURNMENT The next Council Meeting will be held on Tuesday, April 3, 2018, at 5:30 p.m. in the Council Chambers, 500 Castro Street. Page 3 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 27, 2018 - 5:30 PM 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. Page 4 of 5 City Council AGENDA AND NOTICE TUESDAY, MARCH 27, 2018 - 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. Page 5 of 5

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