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City Council

Regular Meeting

Mountain View, CA · April 3, 2018

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, APRIL 3, 2018 - 5:00 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 April 03, 2018 Plaza & Council Chambers - 500 Castro St. 5:00 P.M.-CLOSED SESSION (HELD IN THE PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 5:02 p.m. City Attorney Jannie Quinn announced the items for Closed Session. Mayor Siegel called the meeting to order at 5:04 p.m., and seeing no one wishing to speak, closed the meeting to the public. Councilmember McAlister was absent. 2. CLOSED SESSION 2.1 Conference with Real Property Negotiator (§54956.8)—Property: (152 Martens Avenue) (APN 197-41-060)—Agency Negotiator: Dennis Drennan, Real Property Program Administrator—Negotiating Party: Robert Jason Lojek and Elizabeth Ann Welshock—Under Negotiation: Price and Terms of Payment for the Acquisition of an Easement Interest in Real Property 2.2 Conference with Labor Negotiators (§54957.6) - Agency Designated Representatives: City of Mountain View Assistant City Manager Audrey Seymour Ramberg and Human Resources Manager Sue Rush; Employee Organization: Service Employees International Union (SEIU), Local 521 The Closed Session concluded at 5:32 p.m. 5:30 P.M.-STUDY SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Siegel called the meeting to order at 5:43 p.m. 2. ROLL CALL Present: 7- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak, Mayor Siegel 3. STUDY SESSION 3.1 Nonprofit Funding and Process. City of Mountain View Page 1 City Council MEETING MINUTES 4/3/2018 Finance and Administrative Services Director Patty Kong presented the staff report. City Manager Dan Rich, Housing and Neighborhood Services Manager Wayne Chen, Assistant City Manager Audrey Seymour Ramberg and Community Services Director J.P. de la Montaigne provided additional information. Public Comment opened at 5:50 p.m. The following members of the public spoke: Russell Hancock, President, Joint Venture Silicon Valley Emily Aislop Teresa Johnson, Director, Meals on Wheels Wanda Hale, Long Term Care Ombudsman Program Public Comment closed at 6:04 p.m. Council provided direction to staff with regard to the funding and process for nonprofit agencies. The Study Session concluded at 6:34 p.m. 6:30 P.M.-SPECIAL SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Siegel called the meeting to order at 6:49 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Siegel led the Pledge of Allegiance. 3. ROLL CALL Present: 7- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak, Mayor Siegel 4. CONSENT CALENDAR MOTION - MS - Showalter/Abe-Koga - To approve the Consent Calendar. The motion carried by the following vote: Yes: 7- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak, Mayor Siegel 4.1 Approval of Minutes. That City Council approve the January 29, 2018 Council meeting minutes. City of Mountain View Page 2 City Council MEETING MINUTES 4/3/2018 4.2 Citywide Trash Capture Phase I, Project 16-53-Various Actions. 1. Appropriate and transfer $250,000 from the Storm Drain Construction Fund to Citywide Trash Capture Device, Phase I, Project 16-53; 2. Authorize the City Manager to execute an amendment to the agreement with JMB Construction, Inc. for an additional construction contingency of $210,000 for a total contract amount of $1,587,020 in the Citywide Trash Capture Device, Phase I, Project 16-53; and 3. Authorize the City Manager to execute a cost-sharing agreement with the Santa Clara Valley Water District (SCVWD) for installation of trash boom anchors at Permanente Creek. 4.3 North Bayshore Trip Cap Report Contract. Authorize the City Manager to amend an existing $95,000 contract with Fehr and Peers, Inc., for an amount not to exceed $118,000, from the North Bayshore Trip Cap, CIP-18-28. 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Irene Yoshida expressed concerns regarding a video related to Measure V. Laurel McClure expressed concerns regarding a video related to Measure V and requested Councilmember Abe-Koga take it down. Joan MacDonald spoke regarding a video related to Measure V. Job Lopez spoke in support of Measure V and expressed concerns regarding a video related to Measure V. Alex Nunez expressed concerns regarding a video related to Measure V. Doug McIlwraith provided comments regarding Mayor Siegel’s street name fact. 6. PUBLIC HEARING - None. 7. NEW BUSINESS 7.1 Pilot Human Rights Analysis. Assistant to the City Manager Christina Gilmore presented the staff report. Public Comment opened at 7:12 p.m. The following members of the public spoke: Julie Solomon, Vice Chair, Human Relations Commission, speaking for herself Osvaldo Hidalgo-Otamendi Antonia Ruck Francisco Rivera, Director of the International Human Rights Clinic, Santa Clara University School of Law City of Mountain View Page 3 City Council MEETING MINUTES 4/3/2018 Public Comment closed at 7:23 p.m. Councilmember Rosenberg distributed an illustrative table regarding human rights indicators. MOTION - MS - Clark/Rosenberg - to approve the recommended pilot to include human rights analysis in the review of selected projects scheduled for Council’s consideration in Fiscal Year 2018-19. The motion carried by the following vote: Yes: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember McAlister, Councilmember Rosenberg, Councilmember Showalter, Mayor Siegel No: 1- Vice Mayor Matichak 7.2 Ordinance Amendments Related to Campaign Disclosure Requirements and Voluntary Expenditure Limits. City Attorney Jannie Quinn presented the staff report. Public Comment opened at 8:19 p.m. The following member of the public spoke: Emily Ramos Public Comment closed at 8:20 p.m. MOTION - MS - Rosenberg/Showalter - to Introduce an Ordinance Amending Chapter 2, Article XII of the Mountain View City Code, Related to Campaign Disclosure Requirements and the Voluntary Expenditure Limits, to be read in title only, further reading waived, and set second reading for April 24, 2018 (Attachment 1 to the Council report), with added language to Section 2.106.b as follows: "If any disclosed contributor is a committee, the top three contributors who contributed $2,500 or more to that contributing committee must also be disclosed." Following discussion, the motion was restated: MOTION - MS - Rosenberg/Showalter - to Introduce an Ordinance Amending Chapter 2, Article XII of the Mountain View City Code, Related to Campaign Disclosure Requirements and the Voluntary Expenditure Limits, to be read in title only, further reading waived, and set second reading for April 24, 2018 (Attachment 1 to the Council report), with the addition of language in Section 2.106 so that the last line of subsection b would read, "If any disclosed contributor is a committee, the top three contributors who contributed two thousand five hundred dollars ($2,500) to that contributing committee must also be disclosed." The motion carried by the following vote: City of Mountain View Page 4 City Council MEETING MINUTES 4/3/2018 Yes: 6- Councilmember Abe-Koga, Councilmember Clark, Councilmember Rosenberg, Councilmember Showalter, Vice Mayor Matichak, Mayor Siegel No: 1- Councilmember McAlister 8. COUNCIL, STAFF/COMMITTEE REPORTS Mayor Siegel reported on his recent trip to Chengdu Sichuan China sponsored by a non-profit organization that promotes cooperation between Silicon Valley and various regions in China, and displayed photos. Mayor Siegel reported his attendance at the City's Employee Service Awards, the Spanish Language Leadership Academy, a Chamber of Commerce luncheon, a Mountain View High School assembly, a regional transit forum in Cupertino, a visit to the Magical Bridge playground in Palo Alto, and his attendance at a meeting of the Ad Hoc Subcommittee on Revenue Measures. Councilmember Showalter reported her attendance at the WaterNow Alliance Summit in Salt Lake City and an Ad Hoc meeting on the airplane noise roundtable. 9. CLOSED SESSION REPORT - None. 10. ADJOURNMENT - At 8:47 p.m., Mayor Siegel adjourned the meeting to the next Council Meeting on Tuesday, April 17, 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 5

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, APRIL 3, 2018 - 5:00 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. 5:00 PM Tuesday, April 3, 2018 5:00 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 Real Property Negotiator (§54956.8)—Property: (152 Martens Avenue) (APN 197-41-060)—Agency Negotiator: Dennis Drennan, Real Property Program Administrator—Negotiating Party: Robert Jason Lojek and Elizabeth Ann Welshock—Under Negotiation: Price and Terms of Payment for the Acquisition of an Easement Interest in Real Property 2.2 Conference with Labor Negotiators (§54957.6) - Agency Designated Representatives: City of Mountain View Assistant City Manager Audrey Seymour Ramberg and Human Resources Manager Sue Rush; Employee Organization: Service Employees International Union (SEIU), Local 521 5:30 P.M.-STUDY SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. ROLL CALL Councilmembers Abe-Koga, Clark, McAlister, Rosenberg, Showalter, Vice Mayor Matichak, and Mayor Siegel 3. STUDY SESSION 3.1 Nonprofit Funding and Process. Recommendation(s): To provide direction to staff with regard to the funding and process for nonprofit agencies. Attachment(s): Study Session Memo ATT 1 - Schedule of Funding Page 1 of 5 City Council AGENDA AND NOTICE TUESDAY, APRIL 3, 2018 - 5:00 PM 6:30 P.M.-SPECIAL SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Councilmembers Abe-Koga, Clark, McAlister, Rosenberg, Showalter, Vice Mayor Matichak, and Mayor Siegel 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 29, 2018 Council meeting minutes. Attachment(s): 01-29-18 Council Minutes 4.2 Citywide Trash Capture Phase I, Project 16-53-Various Actions. Recommendation(s): 1. Appropriate and transfer $250,000 from the Storm Drain Construction Fund to Citywide Trash Capture Device, Phase I, Project 16-53. (Five votes required) 2. Authorize the City Manager to execute an amendment to the agreement with JMB Construction, Inc. for an additional construction contingency of $210,000 for a total contract amount of $1,587,020 in the Citywide Trash Capture Device, Phase I, Project 16-53. 3. Authorize the City Manager to execute a cost-sharing agreement with the Santa Clara Valley Water District (SCVWD) for installation of trash boom anchors at Permanente Creek. Attachment(s): Council Report 4.3 North Bayshore Trip Cap Report Contract. Recommendation(s): Authorize the City Manager to amend an existing $95,000 contract with Fehr and Peers, Inc., for an amount not to exceed $118,000, from the North Bayshore Trip Cap, CIP-18-28. Attachment(s): Council Report ATT 1 - Scope of Work Page 2 of 5 City Council AGENDA AND NOTICE TUESDAY, APRIL 3, 2018 - 5:00 PM 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 Pilot Human Rights Analysis. Recommendation(s): Approve the recommended pilot to include human rights analysis in the review of selected projects scheduled for Council’s consideration in Fiscal Year 2018-19. Attachment(s): Council Report ATT 1 - December 13, 2016 - Human Rights City Designation ATT 2 - Resolution Adopting the Universal Declaration of Human Rights ATT 3 - Council Major Goals List 7.2 Ordinance Amendments Related to Campaign Disclosure Requirements and Voluntary Expenditure Limits. Recommendation(s): Introduce an Ordinance Amending Chapter 2, Article XII of the Mountain View City Code, Related to Campaign Disclosure Requirements and the Voluntary Expenditure Limits, to be read in title only, further reading waived, and set second reading for April 24, 2018 (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Proposed Ordinance 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, April 17, 2018, at 5:30 p.m. in the Council Chambers, 500 Castro Street. Page 3 of 5 City Council AGENDA AND NOTICE TUESDAY, APRIL 3, 2018 - 5:00 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, APRIL 3, 2018 - 5:00 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. Page 5 of 5

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