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City Council

Regular Meeting

Mountain View, CA · May 12, 2020

AgendaMinutes

Minutes

CITY OF MOUNTAIN VIEW TUESDAY, MAY 12, 2020 - 5:30 PM CITY COUNCIL MEETING MINUTES - Final VIDEO CONFERENCE WITH NO PHYSICAL MEETING LOCATION 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 May 12, 2020 Video Conference with No Physical Meeting Location This 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. 5:30 P.M.-STUDY SESSION (by Video Conference) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 5:30 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Councilmember McAlister joined the meeting at 5:37 p.m. 3. STUDY SESSION 3.1 North Bayshore Circulation and Feasibility Study Project Manager Jim Lightbody and Public Works Director Dawn Cameron presented the staff report. Assistant City Manager Mike Fuller provided additional information. Public Comment opened at 5:46 p.m. The following members of the public spoke: Gita Dev Alex Brown Cliff Chambers Public Comment closed at 5:53 p.m. Mayor Abe-Koga stated that there was unanimous support of the staff recommendation to not pursue the Charleston undercrossing and substitute it for the ramp realignment project. City of Mountain View Page 1 City Council MEETING MINUTES - Final 5/12/2020 Following discussion, Assistant City Manager Fuller summarized the Council input provided: support for studying the Rengstorff ramp realignment alternative in lieu of a Charleston undercrossing at 101 and majority support for not continuing to study a transit bridge over Stevens Creek at either location. The Study Session concluded at 7:01 p.m. 6:30 P.M.-REGULAR SESSION (by Video Conference) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 7:01 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 3. PRESENTATIONS 3.1 Proclamation in Recognition of Mike Fuller on his Retirement Mayor Abe-Koga read a proclamation in recognition of Mike Fuller on his upcoming retirement. Assistant City Manager Fuller and City Manager Kimbra McCarthy provided comments. The following member of the public spoke: Shani Kleinhaus, Santa Clara Valley Audubon Society 3.2 Proclamation in Recognition of National Nurses Week Mayor Abe-Koga read a proclamation in recognition of National Nurses Week. 3.3 Proclamation in Recognition of Municipal Clerks Week Mayor Abe-Koga read a proclamation in recognition of Municipal Clerks Week. City Clerk Lisa Natusch provided brief comments. 3.4 COVID-19 Update by City Manager Kimbra McCarthy City Manager Kimbra McCarthy provided an update on the City's efforts related to COVID-19. Public Comment opened at 7:31 p.m. No speakers. Public Comment closed at 7:31 p.m. 4. CONSENT CALENDAR Mayor Abe-Koga stated that based on information received on Friday after the agenda was published, Community Development staff will require additional time to refine the City of Mountain View Page 2 City Council MEETING MINUTES - Final 5/12/2020 Accessory Dwelling Unit regulations in Item 4.2, Zoning Text Amendments Regarding Accessory Dwelling Units, Family Day Care Centers, and Planned Community Permits - Second Reading. Councilmember Hicks provided comments regarding Item 4.7. Public Works Director Dawn Cameron responded to Council questions regarding Item 4.7. MOTION - M/S - Clark/Ramirez - To: Approve the Consent Calendar including for Item 4.2 to not consider the second reading of the ordinance, but instead bifurcate the Accessory Dwelling Units sections of the ordinance from the sections related to Family Day Care Centers and Planned Community Permits, and return to Council with the reintroduction of two separate ordinances in the future. 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 4.1 Approve Meeting Minutes Approve the City Council meeting minutes of May 5, 2020 and the Shoreline Regional Park Community meeting minutes of May 5, 2020. 4.2 Zoning Text Amendments Regarding Accessory Dwelling Units, Family Day-Care Homes, and Planned Community Permits (Second Reading) Not consider the second reading of the ordinance, but instead bifurcate the ADU sections of the ordinance from the sections related to Family Day Care Centers and Planned Community Permits, and return to Council with the reintroduction of two separate ordinances in the future. 4.3 Adopt an Ordinance Relating to Discontinuation of Water Service for Nonpayment (Second Reading) Adopt Ordinance No. 4.20 Amending Chapter 35 of the City Code Relating to Discontinuation of Water Service for Nonpayment, read in title only, further reading waived. 4.4 Certification of Official Election Results-March 3, 2020 Special Municipal Election Adopt Resolution No. 18455 Certifying the Result of the Canvass of Returns of the Special Municipal Election Held on March 3, 2020 for Ballot Measure D-Amendment to the Community Stabilization and Fair Rent Act, read in title only, further reading waived. 4.5 Adopt a Resolution Rescinding Resolution No. 18176 Adopt Resolution No. 18456 Rescinding Resolution No. 18176 Upholding the Zoning Administrator’s Approval of a Planned Community Permit, a Provisional Use Permit, a Development Review Permit, and a Heritage Tree Removal Permit to Construct a New City of Mountain View Page 3 City Council MEETING MINUTES - Final 5/12/2020 Hotel, and Remove Three Heritage Trees at 870 Leong Drive, read in title only, further reading waived. 4.6 Fire Station Alerting System, Project 14-50, and Annual Water and Sewer Main Replacements, Projects 16-21 and 16-22-Accept Construction 1. Accept Fire Station Alerting System, Project 14-50, and authorize the final contract payment. 2. Accept Annual Water and Sewer Main Replacements, Projects 16-21 and 16-22, and authorize the final contract payment. 4.7 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01, Various Actions 1. Appropriate and transfer $170,000 from Downtown Parking Lot Improvements, Project 20-52, to 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. 2. Appropriate and transfer $42,600 from Concrete Sidewalk/Curb Repairs, Project 17-06, to 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. 3. Approve additional construction contingency in the amount of $244,000 and amend the construction contract with O’Grady Paving, Incorporated, for the 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Cliff Chambers announced a Silicon Valley Bicycle Exchange "Bike Match Silicon Valley" program offering essential bikes to essential workers. 6. PUBLIC HEARINGS 6.1 Renewal of Downtown Parking Maintenance and Operation Assessment District No. 2 for Fiscal Year 2020-21 Business Development Specialist Tiffany Chew presented the staff report. Public Hearing opened at 7:43 p.m. No speakers. Public Hearing closed at 7:43 p.m. MOTION - M/S - McAlister/Matichak - To: Adopt Resolution No. 18457 Preliminarily Approving the Annual Engineer’s Report for the Downtown Parking Maintenance and Operation Assessment District No. 2 for Fiscal Year 2020-21, read in title only, further reading waived. The motion carried by the following roll call vote: City of Mountain View Page 4 City Council MEETING MINUTES - Final 5/12/2020 Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga 6.2 Tenant Relocation Assistance Ordinance Modifications Assistant Community Development Director Wayne Chen presented the staff report. City Attorney Krishan Chopra, Karen Tiedemann, Goldfarb & Lipman LLP, and Assistant City Manager/Community Development Director Aarti Shrivastava provided additional information. Public Hearing opened at 8:08 p.m. No speakers. Public Hearing closed at 8:08 p.m. MOTION - Councilmember McAlister made a motion to Introduce an Ordinance Amending Article XIII of Chapter 36 of the Mountain View City Code Related to Tenant Relocation Assistance, read in title only, further reading waived, and set second reading for June 9, 2020; and provide language translation as needed for the Tenant Relocation Assistance Ordinance (TRAO), and direct staff to study the cost of moving expenses and return to Council in the future. Councilmember Hicks offered to second the motion if the maker of the motion would accept two changes to the ordinance to quantify the moving expenses at $300 and in the special circumstances section, to increase the age for children to 19. Regarding translation, Assistant City Manager/Community Development Director Shrivastava clarified that Spanish, Chinese and Russian can be included, and additional languages upon request. Ms. Tiedemann stated the age requirement is in Section 36.38.15.j.3 of the ordinance. Councilmember McAlister clarified that the revised age would be 19 or under. City Attorney Chopra stated Section 36.38.25.a.1. Notice of Intent should be modified to reflect the language translation requirement. Following discussion, Councilmember Matichak seconded the motion: MOTION - M/S - McAlister/Matichak - To: Introduce an Ordinance Amending Article XIII of Chapter 36 of the Mountain View City Code Related to Tenant Relocation Assistance, read in title only, further reading waived, and set second reading for June 9, 2020; provide language translation as needed for the Tenant Relocation Assistance Ordinance (TRAO), direct staff to study the cost of moving expenses City of Mountain View Page 5 City Council MEETING MINUTES - Final 5/12/2020 and return to Council in the future, and change the age in the ordinance to 19 and under. Assistant City Manager/Community Development Director Shrivastava suggested that the language provisions in the ordinance refer to the Language Access Plan in the Administrative Guidelines. Assistant Community Development Director Wayne Chen confirmed with the maker of the motion that the moving expenses analysis would be in addition to the SB 330 requirement. Following discussion, Councilmember McAlister modified the motion to: Introduce an Ordinance Amending Article XIII of Chapter 36 of the Mountain View City Code Related to Tenant Relocation Assistance, read in title only, further reading waived, and set second reading for June 9, 2020; provide language provisions in reference to the Language Access Plan, and increase the age for children in the ordinance to 19 and under. Councilmember Matichak accepted the modification. 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 7. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember Ramirez inquired if there was Council support to bring back an agenda item to extend the eviction moratorium. By unanimous show of hands, Council expressed support for considering an extension of the eviction moratorium at a special meeting following the May 26, 2020 County Board of Supervisors meeting in which the County's eviction moratorium will be discussed. Councilmember Matichak reported a meeting of the Council Finance Committee in which the FY 2020-21 City Council budget was discussed and changes were recommended. Vice Mayor Kamei inquired if there was an interest in adopting a resolution regarding face coverings. City Manager McCarthy provided comments. Following discussion, there was not majority support to bring a resolution to Council for consideration. Councilmember McAlister reported his attendance at a meeting of the VTA Board of Directors. Mayor Abe-Koga reported her attendance at a meeting regarding the Silicon Valley Strong effort and a weekly meeting with Santa Clara County Supervisor Cindy Chavez and other Mayors in the County regarding COVID-19 testing and tracing. City of Mountain View Page 6 City Council MEETING MINUTES - Final 5/12/2020 8. CLOSED SESSION REPORT City Attorney Krishan Chopra stated there was no Closed Session report. 9. ADJOURNMENT Mayor Abe-Koga adjourned the meeting at 8:58 p.m. City of Mountain View Page 7

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, MAY 12, 2020 - 5:30 PM CITY COUNCIL AGENDA AND NOTICE VIDEO CONFERENCE WITH NO PHYSICAL MEETING LOCATION 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 with No Physical Meeting Location 5:30 PM Tuesday, May 12, 2020 This 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. Members of the public wishing to observe the meeting may do so at https://mountainview.legistar.com, on YouTube at www.MountainView.gov/YouTube, and on Comcast Channel 26. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1. Email comments to city.council@mountainview.gov by 5:00 p.m. on May 12. Emails will be forwarded to the City Council. Emails received after 5:00 p.m. and prior to the Mayor announcing that public comment is closed for each item will be read into the record 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. 2. Provide oral public comments during the meeting: click the following link to register in advance to access the meeting via Zoom Webinar: https://mountainview.gov/cc_speakers - You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. - When the Mayor announces the item on which you wish to speak, click the “raise hand” feature in Zoom or press *9 if participating by phone. For instructions on using the "raise hand" feature in Zoom, visit: https://mountainview.gov/raise_hand. Speakers will be notified shortly before they are called to speak. - When called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Mayor). Please note: If you provide oral public comments during the meeting and also sent an email after 5 p.m., your oral comments will serve as your single opportunity to provide live public comment and your email will not be read into the record. Page 1 of 6 City Council AGENDA AND NOTICE TUESDAY, MAY 12, 2020 - 5:30 PM 3. Members of the public who would like to provide comments to the City Council and are unable to send an email to city.council@mountainview.gov or access the live session to provide oral comments: please call 650-903-6436 and leave your comments in a voice mail message before 5:00 p.m. on May 12. Voice mail comments will be played 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 or access the live meeting to provide oral comments. 5:30 P.M.-STUDY SESSION (by Video Conference) 1. CALL TO ORDER 2. ROLL CALL 3. STUDY SESSION 3.1 North Bayshore Circulation and Feasibility Study Recommendation(s): The purpose of this Study Session memorandum is to update the City Council on preliminary results of the North Bayshore Circulation and Feasibility Study and to solicit Council direction on the alternative gateway infrastructure concepts and other key project issues. Attachment(s): Study Session Memo ATT 1 - Charleston Bridge Alternatives ATT 2 - La Avenida Bridge Alternatives ATT 3 - Charleston Undercrossing Alternatives 6:30 P.M.-REGULAR SESSION (by Video Conference) 1. CALL TO ORDER 2. ROLL CALL 3. PRESENTATIONS 3.1 Proclamation in Recognition of Mike Fuller on his Retirement 3.2 Proclamation in Recognition of National Nurses Week 3.3 Proclamation in Recognition of Municipal Clerks Week 3.4 COVID-19 Update by City Manager Kimbra McCarthy Page 2 of 6 City Council AGENDA AND NOTICE TUESDAY, MAY 12, 2020 - 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 Approve Meeting Minutes Recommendation(s): Approve the City Council meeting minutes of May 5, 2020 and the Shoreline Regional Park Community meeting minutes of May 5, 2020. Attachment(s): 05-05-20 Council Minutes 05-05-20 Shoreline Minutes 4.2 Zoning Text Amendments Regarding Accessory Dwelling Units, Family Day-Care Homes, and Planned Community Permits (Second Reading) Recommendation(s): Adopt an Ordinance Amending Sections of Chapter 36 (Zoning Ordinance) of the City Code to Update Accessory Dwelling Unit and Home-Based Child-Care Regulations to Align with New State Regulations and Modifications to Planned Community Permit Regulations, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0) Attachment(s): Council Report ATT 1 - Ordinance 4.3 Adopt an Ordinance Relating to Discontinuation of Water Service for Nonpayment (Second Reading) Recommendation(s): Adopt an Ordinance Amending Chapter 35 of the City Code Relating to Discontinuation of Water Service for Nonpayment, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 7-0) Attachment(s): Council Report ATT 1 - Ordinance 4.4 Certification of Official Election Results-March 3, 2020 Special Municipal Election Recommendation(s): Adopt a Resolution Certifying the Result of the Canvass of Returns of the Special Municipal Election Held on March 3, 2020 for Ballot Measure D-Amendment to the Community Stabilization and Fair Rent Act, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution and Exhibit A 4.5 Adopt a Resolution Rescinding Resolution No. 18176 Page 3 of 6 City Council AGENDA AND NOTICE TUESDAY, MAY 12, 2020 - 5:30 PM Recommendation(s): Adopt a Resolution Rescinding Resolution No. 18176 Upholding the Zoning Administrator’s Approval of a Planned Community Permit, a Provisional Use Permit, a Development Review Permit, and a Heritage Tree Removal Permit to Construct a New Hotel, and Remove Three Heritage Trees at 870 Leong Drive, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution 4.6 Fire Station Alerting System, Project 14-50, and Annual Water and Sewer Main Replacements, Projects 16-21 and 16-22-Accept Construction Recommendation(s): 1. Accept Fire Station Alerting System, Project 14-50, and authorize the final contract payment. 2. Accept Annual Water and Sewer Main Replacements, Projects 16-21 and 16-22, and authorize the final contract payment. Attachment(s): Council Report 4.7 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01, Various Actions Recommendation(s): 1. Appropriate and transfer $170,000 from Downtown Parking Lot Improvements, Project 20-52, to 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. (Five votes required) 2. Appropriate and transfer $42,600 from Concrete Sidewalk/Curb Repairs, Project 17-06, to 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. (Five votes required) 3. Approve additional construction contingency in the amount of $244,000 and amend the construction contract with O’Grady Paving, Incorporated, for the 2018-19 Street Resurfacing and Slurry Seal Program, Project 19-01. Attachment(s): Council Report 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 topic for up to three minutes during this section. If there appears to be 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. 6. PUBLIC HEARINGS 6.1 Renewal of Downtown Parking Maintenance and Operation Assessment District No. 2 for Fiscal Year 2020-21 Page 4 of 6 City Council AGENDA AND NOTICE TUESDAY, MAY 12, 2020 - 5:30 PM Recommendation(s): 1. Hold a public hearing on the annual renewal of the Downtown Parking Maintenance and Operation Assessment District No. 2 for Fiscal Year 2020-21. 2. Adopt a Resolution Preliminarily Approving the Annual Engineer’s Report for the Downtown Parking Maintenance and Operation Assessment District No. 2 for Fiscal Year 2020-21, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - Downtown Parking Map ATT 3 - Draft Annual Engineer's Report ATT 4 - Public Hearing Notice 6.2 Tenant Relocation Assistance Ordinance Modifications Recommendation(s): Introduce an Ordinance Amending Article XIII of Chapter 36 of the Mountain View City Code Related to Tenant Relocation Assistance, to be read in title only, further reading waived, and set second reading for June 9, 2020 (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Ordinance ATT 2 - EPC Staff Report - April 15, 2020 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 Page 5 of 6 City Council AGENDA AND NOTICE TUESDAY, MAY 12, 2020 - 5:30 PM 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. City Council meetings are broadcast live on Comcast Channel 26 and replayed on Thursday at 6:30 p.m., Saturday at 10:00 a.m., and Sunday at 5:00 p.m. In addition, Council meetings are webcast live and archived 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) 903-6399. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements 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 6 of 6

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