City Council

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 14, 2020 - 5:00 PM CITY COUNCIL MEETING MINUTES - Final PLAZA CONFERENCE ROOM AND COUNCIL CHAMBERS, 500 CASTRO ST., MOUNTAIN VIEW, CA 94041 Margaret Abe-Koga, Mayor Max Bosel, Interim City Manager Ellen Kamei, Vice Mayor Krishan Chopra, City Attorney Chris Clark, Councilmember Lisa Natusch, City Clerk Alison Hicks, Councilmember Lisa Matichak, Councilmember John McAlister, Councilmember Lucas Ramirez, Councilmember January 14, 2020 Plaza Conference Room and Council Chambers, 500 Castro St., Mountain View, CA 94041 5:00 P.M.-STUDY SESSION (PLAZA CONFERENCE ROOM) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 5:01 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Councilmember Clark arrived at 5:04 p.m. 3. STUDY SESSION 3.1 Conduct Environmental Planning Commission Applicant Interviews City Clerk Lisa Natusch presented a brief report and distributed copies of the interview questions asked at the November 12, 2019 Study Session. Council reviewed and discussed the interview questions and proposed new questions. Council interviewed the following applicants: Preeti Hehmeyer Pamela Baird Robert Holbrook Allie Schmiesing Lisa Moore Public Comment opened at 6:18 p.m. No speakers. Public Comment closed at 6:18 p.m. Mayor Abe-Koga stated the discussion of recommended appointments would be continued to after the regular City Council meeting and adjourned the Study Session at 6:18 p.m. 6:30 P.M.-REGULAR SESSION (COUNCIL CHAMBERS) City of Mountain View Page 1 City Council MEETING MINUTES - Final 1/14/2020 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Vice Mayor Kamei led the Pledge of Allegiance. 3. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 4. CONSENT CALENDAR Councilmember Clark announced he would recuse himself from participation in Item 4.1 due to real property ownership interest located in close proximity to the project site. Councilmember McAlister announced he would recuse himself from participation in Item 4.1 due to business interest 100 yards from the project site. MOTION - M/S - Matichak/Ramirez - To approve the Consent Calendar. The motion carried by the following vote: Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 4.1 Amend McKelvey Park Detention Basin SCVWD Coordination, Project 14-54 MOTION - M/S - Matichak/Ramirez - To: Transfer and appropriate $75,000 from the Construction/Conveyance Tax Fund to McKelvey Park Detention Basin SCVWD Coordination, Project 14-54, for total project funding of $425,000. The motion carried by the following vote: Yes: 5- Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Recused: 2- Councilmember Clark, Councilmember McAlister 4.2 Water Main Crossing U.S. 101 from San Rafael Avenue to Macon Avenue, Project 20-41-Authorize Professional Services Agreement Authorize the City Manager to execute a professional services agreement with Tanner Pacific, Inc., for construction engineering and inspection services for the Water Main Crossing U.S. 101 from San Rafael Avenue to Macon Avenue, Project 20-41, for a total City of Mountain View Page 2 City Council MEETING MINUTES - Final 1/14/2020 not-to-exceed fee of $170,000. 4.3 Amend Professional Services Contract-City Manager’s Office/Human Resources Division Authorize the City Manager to execute professional service agreements with Teri Black and Company, LLC for executive recruitment services in an amount not to exceed $126,750. 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Gary Wesley spoke regarding school district bond measures on the March 3, 2020 ballot. Chris Robell spoke in opposition to Measure G on the March 3, 2020 ballot. Marilyn Winkelby encouraged Council to consider measures to restrict youth access to e-cigarettes including adoption of an ordinance, and distributed written materials. Tricia Barr, member advocate, California 17th District PTA, encouraged Council to consider adoption of an ordinance to restrict youth access to e-cigarettes and the sale of flavored tobacco. Carl Guardino, Executive Director, Silicon Valley Leadership Group Foundation, presented the 15th Annual Applied Materials Silicon Valley Turkey Trot Mayor's Cup and commemorative t-shirts and provided comments regarding the event. James Kuszmaul spoke regarding his experience taking a VTA bus and encouraged the City to work with the VTA to provide traffic signal priority for buses. Joan MacDonald requested a moment of silence in honor of the memory of Job Lopez. The City Council observed a moment of silence in honor of the memory of Job Lopez. Diane Johns spoke regarding resources for the homeless and people living in RVs. 6. PUBLIC HEARING 6.1 Rowhouse Development at 851 and 853 Sierra Vista Avenue Councilmember Ramirez disclosed he met with the applicant. Councilmember Matichak disclosed she visited the site by herself. Councilmember Hicks disclosed she met with the applicant. Senior Planner Diana Pancholi presented the staff report. Applicant representative Mehruss Ahi, architectural designer, provided information regarding the proposed project. Public Hearing opened at 7:09 p.m. City of Mountain View Page 3 City Council MEETING MINUTES - Final 1/14/2020 The following member of the public spoke: Kristina Pereya Public Comment closed at 7:10 p.m. MOTION - M/S - McAlister/Ramirez - To: 1. Approve a Mitigated Negative Declaration for the Sierra Vista Rowhouse Project in accordance with the California Environmental Quality Act. 2. Adopt Resolution No. 18417 Approving a General Plan Land Use Map Amendment for the Property Located at 851 Sierra Vista Avenue from General Industrial to Medium-Density Residential, read in title only, further reading waived. 3. Introduce an Ordinance Amending the Zoning Map for the Properties Located at 851 and 853 Sierra Vista Avenue from the R3-2/sd (Multiple-Family Residential/Special Design) and MM-40 (General Industrial) Districts to R3-2 (Multiple-Family Residential), read in title only, further reading waived, and set a second reading for January 28, 2020). 4. Adopt Resolution No. 18418 Conditionally Approving a Planned Unit Development Permit and Development Review Permit to Construct a Nine-Unit Rowhouse Development and Heritage Tree Removal Permit to Remove Six Heritage Trees at 851 and 853 Sierra Vista Avenue, read in title only, further reading waived. 5. Adopt Resolution No. 18419 Conditionally Approving a Tentative Map for Nine Residential Condominium Units Located at 851 and 853 Sierra Vista Avenue, read in title only, further reading waived. The motion carried by the following vote: Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 7. NEW BUSINESS 7.1 Appointment of City Manager and Authorization to Execute Employment Agreement with Kimbra McCarthy Human Resources Manager Sue Rush presented the staff report and stated one term was unintentionally omitted from the Council report, but will be included in the employment agreement: City payment of four percent of annual salary into a deferred compensation plan. Mayor Abe-Koga stated that in accordance with Brown Act requirements that the City Council orally report a summary of any Council action on salaries, salary schedules, or fringe benefits for the City Council Appointees, the specific recommendations to be City of Mountain View Page 4 City Council MEETING MINUTES - Final 1/14/2020 approved by the City Council regarding the appointment of the City Manager are as follows: • Salary of $307,000 annually. • City payment of four percent (4%) of annual salary into a deferred compensation plan. • Participation in health, retirees’ health, life and disability insurance plans. Participation in the CalPERS retirement system with the same employee cost share and employer contribution as provided to department heads. • Holidays, sick leave and management leave as provided to department heads. • Vacation leave in the amount of 23 days per year, increasing to 24 days after four years of service. Initial bank of 90 hours of vacation leave and 80 hours of sick leave. • Cell phone allowance of $50 per month. • Eligible to request relocation reimbursement and a loan through City Council Policy D-13 Mountain View Employee Homebuyer and Relocation Assistance Program subject to City Council approval and availability of funds at the time of the request. • In the event of termination of the employment agreement, six months of severance as provided to Council Appointees. • Adopt a revised salary plan to reflect the compensation change to the City Manager classification as attached to the Council report. MOTION - M/S - Matichak/McAlister - To: Appoint Kimbra McCarthy to serve as City Manager for the City of Mountain View and authorize the Mayor, or designee, to execute an employment agreement with Ms. McCarthy. Adopt a revised salary plan to reflect this compensation change to the City Manager classification. The motion carried by the following vote: Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 7.2 Accept Certification of Referendum Petition Against Ordinance 15.19 and Take Action to Repeal the Ordinance or Submit it to the Voters City Clerk Lisa Natusch presented the staff report. City Attorney Krishan Chopra provided additional information. Public Comment opened at 7:27 p.m. Kristina Pereyra Pam Lehner Unidentified woman Chris Lehner Arnold Leon City of Mountain View Page 5 City Council MEETING MINUTES - Final 1/14/2020 Chris Hildebrand Valentin Polykof Shari Emling Leslie Train Unidentified man Jackie Cashen, Mountain View Housing Justice Coalition Connor O'Brien Edwin Sheldon John Lashlee Christine Hattan Francisco Ochoa Holly Glazebrook Johannes Muenzel Alice Rosenbach Derrick Liu Prodyut Hazarika Yu Gan Stephanie Haddad Tim Mackenzie IdaRose Sylvester, Chair, Human Relations Commission Sabah Munawar Jerylann Mateo Serge Bonte Unidentified man Jeremy Dittmer Barbara Goodwin David Pickerd Steve Habura Doug Howland Alex Nunez Vince Urruty Janet Stevens Dan Chang Meghan Fraley Lenny Siegel Joan MacDonald Alex Brown John Carpenter Public Comment closed at 8:22 p.m. MOTION - M/S - McAlister/Matichak - To: 1. Adopt Resolution No. 18420 Accepting the Certification of the Sufficiency of Signatures City of Mountain View Page 6 City Council MEETING MINUTES - Final 1/14/2020 on the Referendum Petition Against Ordinance 15.19, an Ordinance Amending Articles I and VIII of Chapter 19 of the Mountain View City Code Related to Oversized Vehicle Parking on Narrow Streets, read in title only, further reading waived. 2.b.i. Adopt Resolution No. 18421 Calling for the Holding of a General Municipal Election on Tuesday, November 3, 2020 and Requesting the Board of Supervisors of the County of Santa Clara to Consolidate the Municipal Election with the Presidential General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code for the Purpose of Submitting to the Voters an Ordinance Amending Articles I and VIII of Chapter 19 of the Mountain View City Code Related to Oversized Vehicle Parking on Narrow Streets, and Related Actions, read in title only, further reading waived; and: 1. Direct the City Attorney to prepare an impartial analysis of the ballot measure. 2. Determine that the Council will submit an argument related to the ballot measure and designate the Mayor to appoint three members to write and sign the argument. 3. Direct the City Clerk and the City Attorney to take all necessary related actions for submitting the measure to the voters on November 3, 2020. 4. Direct staff to include funding of $90,000 in the proposed Fiscal Year 2020-21 City Clerk's Office budget for County of Santa Clara's services and legal advertising in connection with the General Municipal Election. Councilmember Matichak suggested an amendment to the proposed ballot question wording and it was displayed for discussion. Following discussion, the ballot question was revised as follows: Shall City of Mountain View Ordinance 15.19, which prohibits parking of oversized vehicles (such as recreational vehicles, boats and large trucks) except wheelchair-accessible vans with a valid disabled placard and those exempted for short duration activities (such as loading and unloading, and emergency vehicles) on narrow streets 40 feet or less in width, be adopted? Councilmember Matichak expressed interest in writing and signing the ballot argument. The motion carried by the following vote: Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 8. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember Hicks announced an upcoming "Green Streets for Sustainable Communities" symposium at the Community Center. Councilmember Kamei reported her attendance at the Community Health Awareness City of Mountain View Page 7 City Council MEETING MINUTES - Final 1/14/2020 Council Board Retreat. Councilmember Matichak reported her attendance at a meeting of the Cities Association of Santa Clara County Board of Directors and a meeting of the Cities Association of Santa Clara County Selection Committee. Councilmember McAlister reported his attendance at a meeting of the Valley Transportation Authority Board of Directors. Mayor Abe-Koga reported her attendance at a meeting of the Silicon Valley Clean Energy Board of Directors. Councilmember McAlister confirmed with City Attorney Chopra that Council will receive a report regarding SB 330. 9. CLOSED SESSION REPORT City Attorney Krishan Chopra stated there was no Closed Session report. 10. ADJOURNMENT At 9:05 p.m., Mayor Abe-Koga adjourned the meeting to the Plaza Conference Room to reconvene the Study Session regarding Environmental Planning Commission Applicant Interviews. RECONVENE TO STUDY SESSION Conduct Environmental Planning Commission Applicant Interviews Mayor Abe-Koga reconvened the meeting at 9:18 p.m. All Councilmembers were present. Public Comment re-opened at 9:19 p.m. No speakers. Public Comment closed at 9:19 p.m. Council discussed the process, applicants, and proposed term length of the alternate. City Clerk Lisa Natusch and City Attorney Krishan Chopra responded to Council questions. MOTION - M/S - Ramirez/Hicks - To recommend appointment of Preeti Hehmeyer and Allie Schmiesing to the terms expiring December 31, 2023. The motion carried by the following show of hands vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga City of Mountain View Page 8 City Council MEETING MINUTES - Final 1/14/2020 No: 1- Councilmember Matichak MOTION - M/S - Matichak/McAlister - To recommend appointment of Robert Holbrook as an Alternate through December 31, 2020. City Clerk Natusch confirmed that the intent is that the Alternate would serve during Commissioner Margaret Capriles' approved leave of absence through May 26, 2020 and fill any unscheduled vacancy that should arise on the Environmental Planning Commission through the end of the year. Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Mayor Abe-Koga stated the appointments would come to Council for formal approval on the Consent Calendar on January 28, 2020. Mayor Abe-Koga adjourned the meeting at 9:56 p.m. City of Mountain View Page 9