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City Council

Regular Meeting

Mountain View, CA · May 19, 2020

AgendaMinutes

Minutes

CITY OF MOUNTAIN VIEW TUESDAY, MAY 19, 2020 - 6:30 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 19, 2020 Video Conference with No Physical Meeting Location SPECIAL MEETING OF THE CITY COUNCIL 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. 6:30 P.M.-SPECIAL SESSION (by Video Conference) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 6:30 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga City Manager Kimbra McCarthy provided an update on COVID-19. 3. CONSENT CALENDAR Councilmember Matichak provided comments on Item 3.2. Public Comment opened at 6:38 p.m. No speakers. Public Comment closed at 6:38 p.m. MOTION - M/S - Ramirez/Hicks - To approve the Consent Calendar. Councilmember McAlister stated he will vote no on Item 3.2. 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 3.1 Approve Meeting Minutes City of Mountain View Page 1 City Council MEETING MINUTES - Final 5/19/2020 Approve the City Council meeting minutes of May 12, 2020. 3.2 Professional Services Agreement for Consulting Legal Services MOTION - M/S - Ramirez/Hicks - To: Authorize the City Manager, or her designee, to expend an amount not to exceed $150,000 in relation to a professional services agreement with Goldfarb & Lipman, LLC, to provide consulting legal services. The motion carried by the following vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga No: 1- Councilmember McAlister 3.3 Notice of Intention to Vacate Public Easements at 1860-2159 Landings Drive Adopt Resolution No. 18458, A Resolution of Intention to Vacate Public Easements at 1860-2159 Landings Drive, read in title only, further reading waived, and set a date for a public hearing to consider the vacation for June 23, 2020. 3.4 Immediate Repairs to Sewage Pump Station, Project 17-48-Amend Professional Services Contract 1. Authorize the appropriation of $100,000 from the Wastewater Loan proceeds to Immediate Repairs to Sewage Pump Station, Project 17-48. 2. Authorize the City Manager to amend the professional services contract with Tanner Pacific, Inc., for construction management and inspection services for Immediate Repairs to Sewage Pump Station, Project 17-48, increasing compensation by $100,000 for a total contract amount of $310,000. 3.5 Increase Appropriations in the Public Works Department Wastewater Fund Increase appropriation of $165,000 in the Public Works Department Wastewater Fund. 4. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS No speakers. 5. PUBLIC HEARING 5.1 Rowhouse Development at 1555 West Middlefield Road Mayor Abe-Koga announced the availability of Spanish translation. Community Outreach team member Elena Garcia provided information regarding accessing the translated meeting in Zoom. City of Mountain View Page 2 City Council MEETING MINUTES - Final 5/19/2020 Mayor Abe-Koga disclosed she met with the applicant. Councilmember McAlister disclosed he spoke with the applicant. Councilmember Hicks disclosed she met with the applicant. Councilmember Ramirez disclosed he met with the applicant. Councilmember Matichak reported she exchanged emails with the applicant. Councilmember Clark disclosed he had a phone call with the applicant. Vice Mayor Kamei disclosed she met with the applicant and visited the site. Planner Margaret Netto presented the staff report. Assistant City Manager/Community Development Director Aarti Shrivastava, Planning Manager/Zoning Administrator Stephanie Williams and City Attorney Krishan Chopra provided additional information. Applicant John Hickey, SummerHill Housing, provided information regarding the proposed project. Public Hearing opened at 7:12 p.m. The following members of the public spoke: Alex Nunez Bruce England Cynthia Lindsay Christensen, Lindsay Properties Albert Jeans, and displayed written materials Alex Brown Jesse Cardenas Adrienne Lewis City Clerk Lisa Natusch read emails into the record from the following members of the public: Joan MacDonald Chuck Neder Public Hearing closed at 7:37 p.m. Applicant John Hickey provided additional information regarding the proposed project. Following discussion, staff provided information regarding how the proposed modifications discussed by Council would be reflected, if approved: City of Mountain View Page 3 City Council MEETING MINUTES - Final 5/19/2020 City Attorney Chopra stated the proposed Condition of Approval to be added to the project regarding a 3-month extension would read as follows: The Developer has voluntarily offered a 3-month grace period to current tenants of Meadowood. To ensure compliance with the Ellis Act, the 3-month period until February 1, 2021 will not be considered an extension of the lease, but the grace period will be formalized for interested tenants through individual written confirmations. Assistant City Manager/Community Development Director Shrivastava confirmed that the enhanced voluntary TRAO would be added as an acknowledgement of the voluntary TRAO benefits for the project, as listed in the staff report. Planning Manager/Zoning Administrator Williams stated a Condition of Approval would be added in the Landscaping section of the resolution to specify an increase in the size of the street trees from a minimum 24-inch box to 36-inch box. Regarding the increase in tree size, Assistant City Manager/Community Development Director Shrivastava suggested the addition of “to the extent feasible,” in order for staff to confirm with the Public Works Department that the utilities will allow it. Applicant John Hickey confirmed agreement with the three additions by raising his hand. MOTION - M/S - McAlister/Matichak - To: 1. Approve a Mitigated Negative Declaration for the 1555 West Middlefield Road Residential Project (Attachment 1 to the Council report). 2. Adopt Resolution No. 18459 Conditionally Approving a Planned Unit Development Permit and Development Review Permit to Construct a 115-Unit Rowhouse Development Project and a Heritage Tree Removal Permit to Remove 55 Heritage Trees at 1555 West Middlefield Road, read in title only, further reading waived. 3. Adopt Resolution No. 18460 Conditionally Approving a Vesting Tentative Map for Condominium Purposes for a 115-Unit Residential Project Creating 20 Lots and Seven Common Lots on a 5.44-Acre Lot at 1555 West Middlefield Road, read in title only, further reading waived; including the additions discussed. The motion carried by the following roll call vote: Yes: 5- Councilmember Clark, Councilmember Matichak, Councilmember McAlister, Vice Mayor Kamei, Mayor Abe-Koga No: 2- Councilmember Hicks, Councilmember Ramirez Council recessed at 8:17 p.m. Council reconvened at 8:25 p.m. with all Councilmembers present. City of Mountain View Page 4 City Council MEETING MINUTES - Final 5/19/2020 6. NEW BUSINESS 6.1 Selection of Lot 12 Preferred Development Team Assistant Community Development Director Wayne Chen presented the staff report. Consuelo Hernandez, Acting Deputy Director, Office of Supportive Housing, County of Santa Clara, Dr. Mary Ann Dewan, County Superintendent of Schools, Santa Clara County Office of Education, Libby Seifel, Seifel Consulting, and Assistant City Manager/Community Development Director Aarti Shrivastava provided additional information. Scott Johnson, Director of Business Development, Northern California, EAH, presented the EAH proposal. EAH team members Dave Egan, Kristin Taylor and Veronica Hinckley Reck provided additional information. Andrea Osgood, Vice President of Real Estate, Eden Housing, presented the Eden Housing proposal. Eden Housing team members Susie Criscimagna, Tanis Crosby and William Duncanson provided additional information. Jan Lindenthal, Chief Real Estate Development Officer, MidPen, presented the MidPen proposal. MidPen team members Felix AuYeung, John Onken, Mollie Naber and Nevada Merriman provided additional information. Councilmember Matichak disclosed she met with MidPen. Randy Tsuda, President and CEO, PAHC, presented the Related/PAHC proposal. Related/PAHC team members Ann Silverberg and Bill Witte provided additional information. Councilmember McAlister disclosed he met with Related/PAHC. Councilmember Matichak disclosed she met with Related/PAHC. Councilmember Ramirez disclosed that he met with all of the developers. Vice Mayor Kamei disclosed she met with Mid Pen and Related/PAHC. Public Comment opened at 10:56 p.m. The following members of the public spoke: Dr. Mary Ann Dewan, County Superintendent of Schools, Santa Clara County Office of Education Mary Guan Bruce England Michael Garcia, Director, Child Care Planning & Support, Santa Clara County Office of City of Mountain View Page 5 City Council MEETING MINUTES - Final 5/19/2020 Education Dr. Ayindé Rudolph, Superintendent, Mountain View Whisman School District Chen Wang Alex Brown Louise Katz Kim Donovan JH Dan City Clerk Lisa Natusch read an email into the record from the following member of the public: Steve Chandler Public Comment closed at 11:24 p.m. Council recessed at 11:24 p.m. Council reconvened at 11:30 p.m. with all Councilmembers present. MOTION - M/S - McAlister/Matichak - To: 1. Select the preferred development team for the Lot 12 residential/mixed-use development: Related/PAHC. 2. Authorize the City Manager, or her designee, to execute an Exclusive Right to Negotiate Agreement with the selected development team and commence the negotiation process for development of Lot 12. 3. Authorize the City Manager, or her designee, to execute an amendment to the Exclusive Right to Negotiate Agreement to extend the term for an additional 60 days if negotiations are not complete but are progressing. 4. Adopt Resolution No. 18461 Reserving $1,000,000 from the Low- and Moderate-Income Housing Asset Fund to Assist in the Development of Affordable Housing on Lot 12, read in title only, further reading waived. Randy Tsuda, PAHC, responded to Council questions. Councilmember Hicks disclosed she met with all applicants except for Eden. Councilmember McAlister clarified that his motion includes Scenario 1. Following discussion, Councilmember McAlister removed Scenario 1 from the motion for discussion at a later date. The motion carried by the following roll call vote: City of Mountain View Page 6 City Council MEETING MINUTES - Final 5/19/2020 Yes: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga MOTION - M/S - Abe-Koga/Matichak - To continue with the remaining agenda items. Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga No: 1- Councilmember McAlister 7. COUNCIL, STAFF/COMMITTEE REPORTS Vice Mayor Kamei announced an upcoming Tele-Town Hall co-hosted by the Counties of Santa Clara and San Mateo. Mayor Abe-Koga reported her attendance at a meeting of the VTA Policy Advisory Committee in which project funding was discussed. Mayor Abe-Koga reported her attendance at a meeting of the Silicon Valley Clean Energy Board in which COVID-19 relief fund programs were approved. Mayor Abe-Koga reported her attendance at a meeting of the Cities Association of Santa Clara County Legislative Action Committee in which an opposition position was taken on AB 1279, and a meeting of the Cities Association of Santa Clara County Selection Committee in which Councilmember Matichak was appointed to the Airport Land Use Commission. Mayor Abe-Koga reported her attendance at weekly meeting with Santa Clara County Supervisor Cindy Chavez and other Mayors in the County regarding COVID-19 testing sites. 8. CLOSED SESSION REPORT City Attorney Chopra stated there was no Closed Session report. 9. ADJOURNMENT Mayor Abe-Koga adjourned the meeting at 12:16 a.m. City of Mountain View Page 7

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, MAY 19, 2020 - 6:30 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 6:30 PM Tuesday, May 19, 2020 SPECIAL MEETING OF THE CITY COUNCIL 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 19. 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. Page 1 of 5 City Council AGENDA AND NOTICE TUESDAY, MAY 19, 2020 - 6:30 PM - 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. 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 19. 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. 6:30 P.M.-SPECIAL SESSION (by Video Conference) 1. CALL TO ORDER 2. ROLL CALL 3. 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. 3.1 Approve Meeting Minutes Recommendation(s): Approve the City Council meeting minutes of May 12, 2020. Attachment(s): 05-12-20 Council Minutes 3.2 Professional Services Agreement for Consulting Legal Services Recommendation(s): Authorize the City Manager, or her designee, to expend an amount not to exceed $150,000 in relation to a professional services agreement with Goldfarb & Lipman, LLC, to provide consulting legal services. Attachment(s): Council Report 3.3 Notice of Intention to Vacate Public Easements at 1860-2159 Landings Drive Recommendation(s): Adopt a Resolution of Intention to Vacate Public Easements at 1860-2159 Landings Drive, to be read in title only, further reading waived (Attachment 1 to the Council report), and set a date for a public hearing to consider the vacation for June 23, 2020. Attachment(s): Council Report ATT 1 - Resolution Page 2 of 5 City Council AGENDA AND NOTICE TUESDAY, MAY 19, 2020 - 6:30 PM 3.4 Immediate Repairs to Sewage Pump Station, Project 17-48-Amend Professional Services Contract Recommendation(s): 1. Authorize the appropriation of $100,000 from the Wastewater Loan proceeds to Immediate Repairs to Sewage Pump Station, Project 17-48. (Five votes required) 2. Authorize the City Manager to amend the professional services contract with Tanner Pacific, Inc., for construction management and inspection services for Immediate Repairs to Sewage Pump Station, Project 17-48, increasing compensation by $100,000 for a total contract amount of $310,000. Attachment(s): Council Report 3.5 Increase Appropriations in the Public Works Department Wastewater Fund Recommendation(s): Increase appropriation of $165,000 in the Public Works Department Wastewater Fund. (Five votes required) Attachment(s): Council Report 4. 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. 5. PUBLIC HEARING 5.1 Rowhouse Development at 1555 West Middlefield Road Recommendation(s): 1. Approve a Mitigated Negative Declaration for the 1555 West Middlefield Road Residential Project (Attachment 1 to the Council report). 2. Adopt a Resolution Conditionally Approving a Planned Unit Development Permit and Development Review Permit to Construct a 115-Unit Rowhouse Development Project and a Heritage Tree Removal Permit to Remove 55 Heritage Trees at 1555 West Middlefield Road, to be read in title only, further reading waived (Attachment 2 to the Council report). 3. Adopt a Resolution Conditionally Approving a Vesting Tentative Map for Condominium Purposes for a 115-Unit Residential Project Creating 20 Lots and Seven Common Lots on a 5.44-Acre Lot at 1555 West Middlefield Road, to be read in title only, further reading waived Page 3 of 5 City Council AGENDA AND NOTICE TUESDAY, MAY 19, 2020 - 6:30 PM (Attachment 3 to the Council report). Attachment(s): Council Report ATT 1 - Initial Study and Draft Mitigated Negative Declaration ATT 2 - Resolution for PUD, a DRP, & a HTRP w/Conditions ATT 3 - Resolution for a Tentative Map w/Conditions ATT 4 - Project Plans ATT 5 - Public Comment 6. NEW BUSINESS 6.1 Selection of Lot 12 Preferred Development Team Recommendation(s): That Council: 1. Select the preferred development team for the Lot 12 residential/mixed-use development. 2. Authorize the City Manager, or her designee, to execute an Exclusive Right to Negotiate Agreement with the selected development team and commence the negotiation process for development of Lot 12. 3. Authorize the City Manager, or her designee, to execute an amendment to the Exclusive Right to Negotiate Agreement to extend the term for an additional 60 days if negotiations are not complete but are progressing. 4. Adopt a Resolution Reserving $1,000,000 from the Low- and Moderate-Income Housing Asset Fund to Assist in the Development of Affordable Housing on Lot 12, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - Lot 12 Request for Proposals ATT 3 - EAH Lot 12 Proposal Summary ATT 4 - Eden Lot 12 Proposal Summary ATT 5 - MidPen Lot 12 Proposal Summary ATT 6 - Related/PAHC Lot 12 Proposal Summary 7. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 8. CLOSED SESSION REPORT Page 4 of 5 City Council AGENDA AND NOTICE TUESDAY, MAY 19, 2020 - 6:30 PM 9. 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. 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. An applicant and/or appellant for a zone change, precise plan or quasi-judicial hearing or appeal to the Council shall have up to 10 minutes to address the Council and, with the consent of the Council, two minutes of rebuttal at the conclusion of all public speakers. 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 5 of 5

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