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City Council

Regular Meeting

Mountain View, CA · March 27, 2020

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Minutes

CITY OF MOUNTAIN VIEW FRIDAY, MARCH 27, 2020 - 6:30 PM CITY COUNCIL MEETING MINUTES - Final VIDEO CONFERENCE: CITY WEB SITE, YOUTUBE AND COMCAST CHANNEL 26 Margaret Abe-Koga, Mayor Kimbra McCarthy, 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 March 27, 2020 Video Conference: City Web site, YouTube and Comcast Channel 26 JOINT SPECIAL MEETING OF CITY COUNCIL AND SHORELINE REGIONAL PARK COMMUNITY This special meeting was conducted in accordance with State of California Executive Order N-29-20, dated March 17, 2020. All members of the City Council participated in the meeting by video conference, with no physical meeting location. 6:30 P.M.-SPECIAL SESSION 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 6:35 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Mayor Abe-Koga provided introductory comments. 3. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS No speakers. 4. UNFINISHED BUSINESS 4.1 #TogetherMV - Update and Recommendations on Rent Relief Program, Small Business Assistance Program, Safe Parking, Utility Bill Assistance, and Other Community Support Efforts to Address the COVID-19 Emergency City Manager Kimbra McCarthy presented the staff report. Business Development Specialist Tiffany Chew, Assistant City Manager/Chief Operations Officer Audrey Seymour Ramberg, Assistant to the City Manager Kimberly Thomas, Assistant to the City Manager Christina Gilmore and Assistant Community Development Director Wayne Chen provided additional information. Public Comment opened at 7:02 p.m. City of Mountain View Page 1 City Council MEETING MINUTES - Final 3/27/2020 City Clerk Lisa Natusch summarized a comment received by voice mail from the following member of the public: Leticia Public Comment closed at 7:02 p.m. MOTION - M/S - Ramirez/Kamei - To: 1. Appropriate up to $400,000 from the General Non-Operating Fund to the City Manager’s Office to provide assistance to Mountain View small businesses to be dispersed through the Los Altos Community Foundation. 2. Authorize the City Manager or designee to execute an agreement with the County of Santa Clara to operate 24/7 safe parking programs at the Evelyn and Terra Bella lots and an agreement with VTA at the Evelyn lot, and appropriate $100,000 from the General Non-Operating Fund to the City Manager’s Office as a City match for County funds to support these extended services through the end of Fiscal Year 2019-20. 3. Appropriate up to $100,000 from the General Non-Operating Fund to the City Manager’s Office to support a utility bill relief program. 4. Appropriate $50,000 for mobile sanitation and hygiene services from the General Non-Operating Fund through the end of Fiscal Year 2019-20. 5. Appropriate $50,000 for food vouchers from the General Non-Operating Fund to the City Manager’s Office through the end of Fiscal Year 2019-20. 6. Authorize the City Manager or designee to execute an agreement with the County Public Health - Valley Homeless Healthcare Program regarding placement of a mobile medical unit on City Downtown Parking Lot 7 adjacent to Hopes Corner; and Direct staff to return to Council with a proposal for a loan program for small apartment complexes. Following discussion, Councilmember Ramirez modified the motion to include authorization for an additional $100,000 in a separate fund for small apartment complex owners with 9 units or less. Vice Mayor Kamei accepted the modification. 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 5. NEW BUSINESS City of Mountain View Page 2 City Council MEETING MINUTES - Final 3/27/2020 5.1 Urgency Ordinance Temporarily Suspending Evictions for Nonpayment of Rent by Residential Tenants Impacted by COVID-19 City Manager Kimbra McCarthy introduced the item. City Attorney Krishan Chopra presented the staff report and stated revisions to the written report following further review and receipt of additional information: 1) staff recommends the period in which tenants must notify their landlords of their inability to pay to be 3 days; and 2) staff recommends the period for tenants to pay back unpaid rent to be within 120 days. Assistant Community Development Director Wayne Chen and Karen Tiedemann, Goldfarb & Lipman LLP, provided additional information. Public Comment opened at 8:10 p.m. City Clerk Lisa Natusch read an email into the record from the following member of the public: Pam Lehner Public Comment closed at 8:10 p.m. MOTION - M/S - McAlister/Matichak - To: Adopt Ordinance 2.20, an Urgency Ordinance of the City of Mountain View Temporarily Suspending Evictions for Nonpayment of Rent by Residential Tenants Impacted by the COVID-19 Emergency, with the revisions as noted by the City Attorney. FRIENDLY AMENDMENT: Councilmember Matichak offered a friendly amendment to add at the bottom of page 3 that landlords could use the information provided by the tenant to support any sort of action they might want to take to have forbearance on their mortgage or try to postpone insurance premium payments. Councilmember McAlister accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Matichak offered a friendly amendment to include at the end of Section 2(e) on page 4 that the repayment terms would be agreed to by the landlord and tenant, but if they do not come to an agreement, the default is that the tenant makes four equal payments over 120 days, spaced out equally. Councilmember McAlister accepted the friendly amendment. Following discussion, Councilmember Matichak modified her second friendly amendment to say that the landlord and the tenant need to have some sort of an agreement on what the repayment schedule will be, and to set the notification to the landlord at 3 days, but allow 14 days to provide documentation to the landlord. Council proceeded to discuss the modified friendly amendment. FRIENDLY AMENDMENT: Mayor Abe-Koga offered a friendly amendment to set the City of Mountain View Page 3 City Council MEETING MINUTES - Final 3/27/2020 notification of inability to pay at 7 and allow 14 days to provide documentation. Councilmember McAlister and Councilmember Matichak accepted the friendly amendment. Following further discussion, Councilmember McAlister modified the motion to include to strongly encourage tenants and landlords to come to a mutual agreement on a repayment plan. Councilmember Matichak accepted the modification to the motion. City Attorney Krishan Chopra stated the modifications included in the motion: modify Section 2(e) on page 4 to change the number of days to 120 days and to add a sentence at the end of Section 2(e) as follows: "Landlords and tenants are strongly encouraged to enter into a mutually agreeable repayment plan for past due rent;" modify Section 2(f) to reflect 120 days; modify page 3, Section 2(b), on the fourth line, to: 7 days after rent being due and within 14 days, to provide documentation evidencing the loss of income; and further modify Section 2(b) to include any documentation provided by the tenant to the landlord shall be kept in confidence except for landlord's use of such in any action related to mortgage forbearance or delays in insurance payments. The motion carried by the following roll call vote: Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 6. ADJOURNMENT Mayor Abe-Koga adjourned the meeting at 9:09 p.m. City of Mountain View Page 4

Agenda

CITY OF MOUNTAIN VIEW FRIDAY, MARCH 27, 2020 - 6:30 PM CITY COUNCIL AGENDA AND NOTICE VIDEO CONFERENCE: CITY WEB SITE, YOUTUBE AND COMCAST CHANNEL 26 Margaret Abe-Koga, Mayor Kimbra McCarthy, 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 Video Conference: City Web site, YouTube and 6:30 PM Friday, March 27, 2020 Comcast Channel 26 JOINT SPECIAL MEETING OF CITY COUNCIL AND SHORELINE REGIONAL PARK COMMUNITY This special meeting will be conducted in accordance with State of California Executive Order N-29-20, dated March 17, 2020. All members of the City Council will participate in the meeting by video conference, with no physical meeting location. This meeting will be broadcast live at mountainview.legistar.com, on YouTube at MountainView.gov/YouTube and on Comcast Channel 26. Members of the public are strongly encouraged to submit public comment in advance of the meeting to city.council@mountainview.gov. Emails received before 5:30 P.M. on March 27 will be forwarded to the City Council. Emails received after 5:30 P.M. and prior to the Mayor announcing that public comment is closed for each item will be read into the record by the City Clerk at the meeting (up to 3 minutes, at the discretion of the Mayor). IMPORTANT: identify the Agenda Item number in the subject line of your email. All emails received will be entered into the record for the meeting. Members of the public who would like to provide comments to the Council and are unable to send an email to city.council@mountainview.gov: please call 650-903-6436 and leave your comments in a voice mail message before 5:30 P.M. on March 27. The City Clerk will play voice mail messages during public comment for the item at the meeting (up to 3 minutes, at the discretion of the Mayor). IMPORTANT: identify the Agenda Item number at the beginning of your voice mail message. Staff capacity to receive and process messages may be limited and we encourage reserving telephone access for those who are unable to send email comments. 6:30 P.M.-SPECIAL SESSION 1. CALL TO ORDER 2. ROLL CALL 3. 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 Page 1 of 3 City Council AGENDA AND NOTICE FRIDAY, MARCH 27, 2020 - 6:30 PM not on the agenda. Speakers are allowed to speak on any topic for up to three minutes during this section. If there are a large number of speakers, speaking time may be reduced to no less than 1.5 minutes. State law prohibits the Council from acting on nonagenda items. 4. UNFINISHED BUSINESS 4.1 #TogetherMV - Update and Recommendations on Rent Relief Program, Small Business Assistance Program, Safe Parking, Utility Bill Assistance, and Other Community Support Efforts to Address the COVID-19 Emergency Recommendation(s): Staff recommends the following actions to provide community support to address the impacts of the COVID-19 emergency: 1. Appropriate up to $400,000 from the General Non-Operating Fund to the City Manager’s Office to provide assistance to Mountain View small businesses to be dispersed through the Los Altos Community Foundation. 2. Authorize the City Manager or designee to execute an agreement with the County of Santa Clara to operate 24/7 safe parking programs at the Evelyn and Terra Bella lots and an agreement with VTA at the Evelyn lot, and appropriate $100,000 from the General Non-Operating Fund to the City Manager’s Office as a City match for County funds to support these extended services through the end of Fiscal Year 2019-20. 3. Appropriate up to $100,000 from the General Non-Operating Fund to the City Manager’s Office to support a utility bill relief program 4. Appropriate $50,000 for mobile sanitation and hygiene services from the General Non-Operating Fund through the end of Fiscal Year 2019-20. 5. Appropriate $50,000 for food vouchers from the General Non-Operating Fund to the City Manager’s Office through the end of Fiscal Year 2019-20. 6. Authorize the City Manager or designee to execute an agreement with the County Public Heath - Valley Homeless Healthcare Program regarding placement of a mobile medical unit on City Downtown Parking Lot 7 adjacent to Hopes Corner. Attachment(s): Council Report ATT 1 - Summary of County Continuum of Care Efforts ATT 2 - Summary of Resources - Homeless and Unstably Housed ATT 3 - Summary of California Jurisdictions’ Actions ATT 4 - Summary of Federal and State Legislative Initiatives Page 2 of 3 City Council AGENDA AND NOTICE FRIDAY, MARCH 27, 2020 - 6:30 PM 5. NEW BUSINESS 5.1 Urgency Ordinance Temporarily Suspending Evictions for Nonpayment of Rent by Residential Tenants Impacted by COVID-19 Recommendation(s): Adopt an Urgency Ordinance of the City of Mountain View Temporarily Suspending Evictions for Nonpayment of Rent by Residential Tenants Impacted by the COVID-19 Emergency, to be read in title only, further reading waived, effective immediately upon adoption. (Five votes required) Attachment(s): Council Report ATT 1 - Urgency Ordinance 6. ADJOURNMENT NOTICE TO THE PUBLIC: Please contact the City Clerk's Office with any questions regarding this agenda at 650-903-6304 or city.clerk@mountainview.gov. 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. The agenda and staff reports may be viewed online at mountainview.legistar.com. The Council may consider and act on items listed on the agenda in any order and thus those interested in an item listed on the agenda are advised to be present throughout the meeting. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. Per Council Policy A-13, no new items of business will begin after 10:00 p.m. unless an exception is made by vote of the Council. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the City Clerk's Office at (650) 903 6304. Notification of 6 hours prior to the meeting will enable the City to make reasonable rrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)) ADDRESSING THE COUNCIL: Pursuant to Council Policy A-13, an individual speaker shall have up to 3 minutes to address the Council. For any agenda item or for Oral Communications on nonagenda items, if there appears to be a large number of speakers, the Mayor may reduce speaking time to no less than 1.5 minutes per speaker unless there is an objection from Council by majority vote. Pursuant to Government Code Section 54954.3(b)(1), at least twice the allotted speaking time will be provided to a member of the public who utilizes a translator. Page 3 of 3

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