City Council

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 28, 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 28, 2020 Plaza Conference Room and Council Chambers, 500 Castro St., Mountain View, CA 94041 5:00 P.M.-CLOSED SESSION (PLAZA CONFERENCE ROOM) 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 5:03 p.m., City Attorney Krishan Chopra announced the item for Closed Session. 2. CLOSED SESSION Seeing no one wishing to speak, Mayor Abe-Koga called the meeting to order. Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei and Mayor Abe-Koga were present. Councilmember McAlister was absent. 2.1 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 Organizations: Service Employees International Union (SEIU), Local 521; the EAGLES Association; the Police Officers Association (POA); the International Association of Fire Fighters (IAFF), Local 1965; Unrepresented Fire Managers; Unrepresented Police Managers; Unrepresented Department Heads; and Unrepresented Confidential Employees The Closed Session concluded at 5:31 p.m. 5:45 P.M.-STUDY SESSION (COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 5:46 p.m. 2. ROLL CALL Present: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister Councilmember Hicks arrived at 5:47 p.m. 3. STUDY SESSION I City of Mountain View Page 1 City Council MEETING MINUTES - Final 1/28/2020 3.1 Gun Safety-Related Issues: Regulatory Options City Attorney Krishan Chopra introduced Senior Deputy City Attorney Diana Fazely. Senior Deputy City Attorney Fazely presented the staff report. Interim City Manager Max Bosel provided additional information. Public Comment opened at 5:57 p.m. The following members of the public spoke: Sally Lieber Mack Towber Thomas John Inks Steven Goldstein Public Comment closed at 6:07 p.m. Mayor Abe-Koga summarized the Council input and direction provided: support for Option 1: Prohibiting Possession on Public Property and Option 4: Safe Storage in homes and vehicles; and support to consider in the future Option 2: Home Businesses and Option 3: Keeping Dealers Away from "Sensitive" Areas. The Study Session concluded at 6:24 p.m. 6:30 P.M.-REGULAR SESSION (COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Councilmember Matichak led the Pledge of Allegiance. 3. ROLL CALL Present: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister 4. CONSENT CALENDAR Interim City Manager Max Bosel requested to pull Item 4.6 for a revision to one of the recommendations. Councilmember Matichak requested to pull Item 4.4 and to record a no vote on Item 4.8. MOTION - M/S - Ramirez/Kamei - To: City of Mountain View Page 2 City Council MEETING MINUTES - Final 1/28/2020 Approve Consent Calendar Items 4.1, 4.2, 4.3, 4.5, 4.7 and 4.8. The motion carried by the following vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister 4.1 Approve Meeting Minutes Approve City Council meeting minutes of January 7, 2020. 4.2 Rowhouse Development at 851 and 853 Sierra Vista Avenue (Second Reading) Adopt Ordinance No. 1.20 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. 4.3 Adopt a Resolution Acknowledging Receipt of the SB 1205 Mandatory Fire Inspection Report Adopt Resolution No. 18422 Acknowledging Receipt of a Report Made by the Fire Chief of the Mountain View Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies, Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code, read in title only, further reading waived. 4.4 Recology Scope of Services and SMaRT Station Negotiating Parameters Councilmember Matichak provided comments on Item 4.4. Council took action on this item with Item 4.6. MOTION - M/S - Clark/Ramirez - To: 1. Approve the scope of services to be provided to Recology for a services and pricing proposal. 2. Approve negotiating parameters, providing overall direction to staff for discussions with City of Sunnyvale regarding a future SMaRT® Station Memorandum of Understanding. The motion carried by the following vote: Yes: 5- Councilmember Clark, Councilmember Hicks, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga No: 1- Councilmember Matichak City of Mountain View Page 3 City Council MEETING MINUTES - Final 1/28/2020 Absent: 1- Councilmember McAlister 4.5 Increase Appropriations in the Police Department for Reimbursement of Amphitheatre Event Support Increase appropriations by $192,980 in the Police Department for overtime staff hours expended in support of the 2019 event season at Shoreline Amphitheatre and reimbursed by Live Nation and increase budgeted revenue by the $216,738 in reimbursements received over adopted budget. 4.6 Proposed Early Investment in Affordable Housing in Mountain View by Google Interim City Manager Bosel provided comments and a revision to Recommendation 2 to: Direct staff to work with Google and the Housing Trust of Silicon Valley to finalize a Memorandum(s) of Understanding between all three parties and authorize execution thereof by the Interim City Manager or designee. Council took action on this item with Item 4.4. MOTION - M/S - Clark/Ramirez - To: 1. Approve the prepayment of $5 million in Housing Impact fees for the Google Landings project as proposed by Google in Attachment 1 to the Council report, which shall be used as a credit against future affordable Housing Impact Fee obligations for Google’s Landings development if entitlements are approved by the City Council in the future; and 2. Direct staff to work with Google and the Housing Trust of Silicon Valley to finalize a Memorandum of Understanding between all three parties and authorize execution thereof by the Interim City Manager or designee. The motion carried by the following vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister 4.7 Downtown Committee Bylaws - Composition Adopt Resolution No. 18423 Amending Article IV, Section 1 of the Bylaws for the Downtown Committee Regarding Membership Composition, read in title only, further reading waived. 4.8 Appointments to the Environmental Planning Commission Adopt Resolution No. 18424 Appointing Members to the Environmental Planning Commission, read in title only, further reading waived. City of Mountain View Page 4 City Council MEETING MINUTES - Final 1/28/2020 Yes: 5- Councilmember Clark, Councilmember Hicks, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga No: 1- Councilmember Matichak Absent: 1- Councilmember McAlister 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Steven Goldstein inquired about the City’s position on SB 330 and Councilmember positions on Measure D. Bill Maston, architect, spoke regarding new rooftop solar regulations. Albert Jeans spoke regarding traffic at the intersection of Shoreline and Terra Bella and displayed three videos. Grace Mah, Santa Clara County Board of Education, urged Council to adopt a resolution banning flavored tobacco. Julie Cremoux spoke regarding teen vaping and displayed a video. 6. PUBLIC HEARING-None. 7. NEW BUSINESS 7.1 Amendment to CalPERS Contract for All Employees-Adopt a Resolution of Intention and Introduce an Ordinance Senior Human Resources Analyst Ada Chang presented the staff report and noted a revision to Attachment 2 to the Council Report to change the reference to “Attachment 3” in the proposed ordinance to “Exhibit.” MOTION - M/S - Matichak/Hicks - To: 1. Adopt Resolution No. 18425, Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration, California Public Employees' Retirement System (CalPERS), and the City Council of the City of Mountain View, for All Employees, read in title only, further reading waived. 2. Introduce an Ordinance of the City Council of the City of Mountain View Authorizing an Amendment to the Contract Between the City Council of the City of Mountain View and the Board of Administration of the California Public Employees' Retirement System (CalPERS), read in title only, further reading waived, and set second reading for March 24, 2020. The motion carried by the following vote: City of Mountain View Page 5 City Council MEETING MINUTES - Final 1/28/2020 Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister 7.2 Janitorial Services Request for Proposals Public Works Director Dawn Cameron presented the staff report. City Attorney Krishan Chopra and Purchasing and Support Services Manager Ann Mehta provided additional information. Public Comment opened at 7:07 p.m. The following members of the public spoke: Meghan Fraley, on behalf of five others present Joan MacDonald Reyna Dominguez Jeffrey Buchanan, Policy Director, Working Partnerships USA on behalf of Working Partnerships and Silicon Valley Rising Coalition Brenda Rodriguez, Organizing Director, South Bay Labor Council Sally Lieber Alex Nunez Philip Cosby Vincent Burks Silvia Flores, Senior Organizer, SEIU-USWW Joan Brodovsky Public Comment closed at 7:33 p.m. MOTION - M/S - Ramirez/Kamei - To: Approve requiring in the Janitorial Services RFP the following: -That the successful proposer be a firm whose employees are covered by a collective bargaining agreement and that any individual performing janitorial services for City be paid no less than the prevailing wage and benefits established for janitorial services pursuant to the California Public Utilities Code and set by the Department of Industrial Relations. -That the higher wage rates and/or benefits will be paid should the collective bargaining agreement’s wages and benefits and the prevailing wage and benefits differ. -That the State Labor Code’s worker retention period be extended from 60 to 90 days. Councilmember Clark suggested a modification to the motion to include language such as "or will become a signatory." Following discussion, the motion was revised as follows: City of Mountain View Page 6 City Council MEETING MINUTES - Final 1/28/2020 Approve requiring in the Janitorial Services RFP the following: -That the successful proposer be a firm whose employees are covered by a collective bargaining agreement prior to effective date of contract and that any individual performing janitorial services for City be paid no less than the prevailing wage and benefits established for janitorial services pursuant to the California Public Utilities Code and set by the Department of Industrial Relations. -That the higher wage rates and/or benefits will be paid should the collective bargaining agreement’s wages and benefits and the prevailing wage and benefits differ. -That the State Labor Code’s worker retention period be extended from 60 to 90 days. Councilmember Ramirez and Vice Mayor Kamei accepted the modification to the motion. The revised motion carried by the following vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Absent: 1- Councilmember McAlister 8. STUDY SESSION II 8.1 Mobile Home Rent Stabilization Community Development Department Project Planner Anky van Deursen presented the staff report. Karen Tiedemann, Goldfarb & Lipman, and Housing and Neighborhood Services Manager Tim Wong provided additional information. Public Comment opened at 8:22 p.m. The following members of the public spoke: Marc Landgraf Bee Hanson, Mountain View Mobile Home Alliance Unidentified woman Trey Bornmann, President, Mountain View Mobile Home Alliance Unidentified woman Andrew Horne Kristen Anderson Unidentified woman Tim Larson Simon Huang Morcelo Quira Ed Saub Mary Hodgett Chiang Christopher Chiang City of Mountain View Page 7 City Council MEETING MINUTES - Final 1/28/2020 Jesse Cardenas Leigh Ann Melloy John Ball Anna Marie Morales Sarah Georg Charlene Garza, on behalf of the owners of Moorpark Mobile Home Park Frank Kalcic, Managing Partner, Sunset Estates Mobile Home Park Doug Johnson, Western Manufacturing Association Chris Lenny Siegel Craig Oku, Owner, Moffett Mobile Home Park Unidentified woman Sally Lieber Alex Nunez Jorge Zunigu Joan Brodovsky John Waters Alex Brown Guadalupe Rosas Public Comment closed at 9:10 p.m. Following discussion, Interim City Manager Max Bosel summarized the Council direction and input provided: majority support for regulation of base rent; notification to the City of termination notices; options such as an accord or model lease; interest in exploring tenant opportunity for purchase, but it should not hold back preparation of an ordinance; and the ability for park space renters to lease or sublease their units. The Study Session concluded at 10:05 p.m. 9. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember Clark reported his attendance at the Mayor’s Innovation Project annual meeting. Councilmember Ramirez reported his attendance at a meeting of the Santa Clara Valley Water Commission. Councilmember Matichak reported her attendance at meetings of the Bay Area Water Supply and Conservation Agency Board of Directors, Silicon Valley Regional Interoperability Authority Board of Directors, Santa Cruz/Santa Clara Counties Airport/Community Roundtable, and the Airport Land Use Commission. Councilmember Matichak requested that staff follow up on the Shoreline/Terra Bella timing issue raised by a speaker during Oral Communications. City of Mountain View Page 8 City Council MEETING MINUTES - Final 1/28/2020 Interim City Manager Max Bosel stated a new project recommended by staff for the February 4 Council discussion of projects will include an ordinance to ban flavored tobacco and vaping. Mayor Abe-Koga reported her attendance at a legislative meeting as part of the Bay Area Air Quality Management District Board of Directors and an upcoming retreat, the Mayor’s Innovation Project annual meeting and the US Conference of Mayors Conference, and announced an upcoming “Meetup with MAK” event. 10. CLOSED SESSION REPORT City Attorney Krishan Chopra stated there was no Closed Session report. 11. ADJOURNMENT Mayor Abe-Koga adjourned the meeting at 10:15 p.m. City of Mountain View Page 9