City Council

CITY OF MOUNTAIN VIEW TUESDAY, JUNE 9, 2020 - 6:00 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 June 09, 2020 Video Conference with No Physical Meeting Location JOINT MEETING OF CITY COUNCIL (REGULAR), SHORELINE REGIONAL PARK COMMUNITY (SPECIAL), AND CITY OF MOUNTAIN VIEW CAPITAL IMPROVEMENTS FINANCING AUTHORITY (SPECIAL) 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. 6:00 P.M.-CLOSED SESSION (by Video Conference) 1. CLOSED SESSION ANNOUNCEMENT City Attorney Krishan Chopra announced the item for Closed Session and stated an email from the claimant was provided to Council in advance of the meeting. 2. CLOSED SESSION (by Video Conference) Mayor Abe-Koga called the meeting to order. All Councilmembers were present. 2.1 Conference with Legal Counsel - Liability Claims (Government Code §54956.9(d) (2),(e)(3) Claimant: MWKM Corporation against the City of Mountain View Records which form the basis for the above claim are available for public inspection pursuant to Government Code §54957.5 by contacting the City Clerk's Office. The Closed Session concluded at 6:40 p.m. 6:30 P.M.-REGULAR SESSION (by Video Conference) 1. CALL TO ORDER Mayor Abe-Koga called the meeting to order at 6:46 p.m. 2. ROLL CALL Present: 7- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember McAlister, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga City of Mountain View Page 1 City Council MEETING MINUTES - Final 6/9/2020 Mayor Abe-Koga provided comments. 3. PRESENTATIONS 3.1 Police Department Philosophy, Values, and Commitment to the Community by Police Chief Max Bosel Police Chief Max Bosel provided a presentation regarding Police Department Philosophy, Values, and Commitment to the Community. City Manager Kimbra McCarthy provided additional information. Public Comment opened at 7:12 pm. The following members of the public spoke: Jennifer Avalos Grace Calhoun Bright Ellie Green, Mountain View Coalition for Police Reform Frank Tavares Sharon Tseng Mattie Forte Charlotte Quinn Nija Mashruwala Meghan Fraley Danielle Cannon Jack DeVries, Mountain View Coalition for Police Reform Anna Marie Morales Sadie Carlson Alex Nunez Molly Carlson, Mountain View Coalition for Police Reform Alex Brown Dana Pede, Mountain View Coalition for Police Reform Salim Damerdji Eva Tang, Mountain View Coalition for Police Reform Max Joiner, Sunnyvale resident Kelsey Josund, Mountain View Coalition for Police Reform Ana Zieger, Mountain View Coalition for Police Reform Connor O'Brien Caitlin Newman Maura Wilson, Showing Up for Racial Justice, Sacred Heart Bruce England Greg Corn, Mountain View Coalition for Police Reform Emma Ambler Cairo Mo Joe Cannon Gene Ficht City of Mountain View Page 2 City Council MEETING MINUTES - Final 6/9/2020 Sefa Santos Powell Yuan Liu Gawan Fiore, Mountain View Coalition for Police Reform Katherine Janson Kimberly Wand Jare Alex Wong Caitlin Davis Rachel Gilbert Ana Boyer, Mountain View Coalition for Police Reform Hal Dunham City Clerk Lisa Natusch read into the record emails from the following members of the public: Cole Fano Jacob McLaws, Mountain View Coalition for Police Reform Connor Dubay Thalia M. Public Comment closed at 8:26 p.m. 3.2 COVID-19 Update by City Manager Kimbra McCarthy City Manager Kimbra McCarthy provided an update on COVID-19. Public Comment opened at 8:56 p.m. The following member of the public spoke: Bruce England Public Comment closed at 8:57 p.m. Council recessed at 9:00 p.m. Council reconvened at 9:10 p.m. with all Councilmembers present. 4. CONSENT CALENDAR Councilmember Clark announced his vote on Item 4.10 would be a recusal on the first recommended action due to his real property ownership interest in close proximity to the project site. Councilmember McAlister announced his vote on Item 4.10 would be a recusal on the first recommended action due to his leasehold interest in close proximity to the project site. Councilmember McAlister requested to pull Items 4.6, 4.10 and 4.12. Councilmember Hicks requested to provide comments on Item 4.12. City of Mountain View Page 3 City Council MEETING MINUTES - Final 6/9/2020 Councilmember Matichak requested to pull Items 4.6 and 4.10. The following members of the public provided comments on the Consent Calendar: Bruce England April Webster Peter Katz, President and CEO of Mountain View Chamber of Commerce Salim Damerdji Nija Mashruwala Alex Brown City Clerk Lisa Natusch read into the record emails from the following members of the public: April Webster Eugene Cordero Sue Young MOTION - M/S - Ramirez/Matichak - To approve the Consent Calendar with the exception of Items 4.6, 4.10 and 4.12. 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 Minutes of May 29, 2020 and Mountain View Capital Improvements Financing Authority Minutes of June 18, 2019. 4.2 Tenant Relocation Assistance Ordinance Modifications (Second Reading) Adopt Ordinance No. 6.20 Amending Article XIII of Chapter 36 of the Mountain View City Code Related to Tenant Relocation Assistance, read in title only, further reading waived. 4.3 Amendment to Legal Services Agreement with Burke, Williams & Sorenson in Excess of $100,000. Authorize the City Manager, or her designee, to execute an amendment to a legal services agreement with Burke, Williams and Sorensen to provide legal services for an amount not to exceed $120,000 for legal services associated with the Santa Clara Valley Transportation Authority ground lease negotiations for the Pioneer Park and Ride Lot located at 79 East Evelyn Avenue. 4.4 2017-18 Street Resurfacing and Slurry Seal Program, Project 18-01-Accept Construction Accept 2017-18 Street Resurfacing and Slurry Seal Program, Project 18-01, and authorize City of Mountain View Page 4 City Council MEETING MINUTES - Final 6/9/2020 the final contract payment. 4.5 Contribution to the Housing Trust Silicon Valley Authorize the City Manager to execute an agreement with the Housing Trust Silicon Valley for a City contribution of $150,000 in Fiscal Year 2019-20. 4.6 Adopt a Resolution Extending the Declaration of a Shelter Crisis Councilmember Matichak and Councilmember McAlister provided comments. Assistant City Manager/Chief Operating Officer Audrey Seymour Ramberg, Assistant City Attorney Nicole Wright and Assistant to the City Manager Kimberly Thomas responded to Council questions. MOTION - M/S - Ramirez/Clark - To: Adopt Resolution No. 18462, an Amendment to Resolution No. 18301, a Resolution of the City of Mountain View Declaring a Shelter Extending the Duration of the Declaration Until June 30, 2022, read in title only, further reading waived. 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 4.7 Mountain View Transit Center Master Plan Grade Separation and Access Project-Agreement for Final Design Authorize the City Manager to execute a Cooperative Agreement with the Peninsula Corridor Joint Powers Board and the Santa Clara Valley Transportation Authority for final design of the Mountain View Transit Center Grade Separation and Access Project. 4.8 Municipal Green Building Policy Adopt Resolution No. 18463 Adopting City Council Policy K-25, Municipal Green Building Policy, be read in title only, further reading waived. 4.9 Final Map Approval, Tract No. 10519, 2310 Rock Street Adopt Resolution No. 18464 Approving the Final Map of Tract No. 10519, 2310 Rock Street, Accepting Dedications, and Making Findings as Required by the City Code, read in title only, further reading waived. 4.10 Proposed Fiscal Year 2020-21 Capital Improvement Program Councilmember McAlister provided comments. Public Works Director Dawn Cameron responded to questions. Councilmember Matichak provided comments. City of Mountain View Page 5 City Council MEETING MINUTES - Final 6/9/2020 MOTION - M/S - Ramirez/Kamei - To: Approve the proposed Fiscal Year 2020-21 Capital Improvement Program by taking the following actions: 1. Adopt Resolution No. 18465 Approving the Proposed Amendment to the El Camino Real Bike Improvements, Design, Project 20-61, Identified in the Fiscal Years 2019-20 through 2023-24 Capital Improvement Program, read in title only, further reading waived. The motion carried by the following roll call vote: Yes: 5- Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga Recused: 2- Councilmember Clark, Councilmember McAlister MOTION - M/S - Ramirez/Kamei - To: 2. Adopt Resolution No. 18466 Approving the Proposed Fiscal Year 2020-21 Capital Improvement Program, Including the Remainder Amendments to Existing Projects, Excluding the Shoreline Regional Park Community, read in title only, further reading waived. 3. Adopt Resolution No. S-163 Approving the Proposed Fiscal Year 2020-21 Capital Improvement Program for the Shoreline Regional Park Community, Including the Amendments to Existing Projects, read in title only, further reading waived. 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 4.11 General Municipal Election for Four Councilmembers - November 3, 2020 1. Adopt resolutions pertaining to the 2020 General Municipal Election as follows: a. Adopt Resolution No. 18468, A Resolution and Order of the City Council of the City of Mountain View Calling a General Municipal Election for the Purpose of Electing Four (4) Members of the City Council, Requesting the Board of Supervisors to Authorize the Registrar of Voters to Contract for Election Services, Authorizing the City Clerk to Contract with the County of Santa Clara Pertaining to Services to be Performed by the County in Connection with the General Municipal Election to be Held on Tuesday, November 3, 2020 and Related Actions, read in title only, further reading waived. b. Adopt Resolution No. 18469 Adopting a 200-Word Maximum for a Candidate’s Statement of Qualifications and Charging Each Candidate for a Fixed Share of Costs of the City of Mountain View Page 6 City Council MEETING MINUTES - Final 6/9/2020 Printing, Handling, Translating, and Mailing for the General Municipal Election to be Held on Tuesday, November 3, 2020, read in title only, further reading waived. 2. Direct the City Clerk to take all necessary actions to do the following: a. Call a General Municipal Election; b. Request the Board of Supervisors of the County of Santa Clara to consolidate a General Municipal Election with the Statewide election to be held on Tuesday, November 3, 2020; and c. Take related actions. 4.12 Resolution Closing Castro Street and Modifying Parking Restrictions Councilmember McAlister and Councilmember Hicks provided comments. Public Works Director Dawn Cameron responded to questions. MOTION - M/S - Clark/Kamei - To: Adopt Resolution No. 18470 Temporarily Suspending and Designating Parking Restrictions and Prohibitions Pursuant to Mountain View City Code Chapter 19 and Temporarily Closing the 100, 200, 300, and 400 Blocks of Castro Street to Motor Vehicle Traffic Pursuant to California Vehicle Code Section 21101, read in title only, further reading waived; and to continue the meeting past 10:00 p.m. Following discussion, Councilmember Clark revised the motion to include only the staff recommendation to adopt the resolution. Vice Mayor Kamei concurred with the revision. 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 MOTION - M/S - Clark/Abe-Koga - To continue the meeting past 10:00 p.m. The motion carried by the following roll call vote: Yes: 6- Councilmember Clark, Councilmember Hicks, Councilmember Matichak, Councilmember Ramirez, Vice Mayor Kamei, Mayor Abe-Koga No: 1- Councilmember McAlister 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS City of Mountain View Page 7 City Council MEETING MINUTES - Final 6/9/2020 Bright spoke regarding allegations of harassment by the Police Chief. Peying Lee spoke regarding the impacts of the pandemic and climate change and encouraged expanded investment in urban forestry programming. Jack DeVries, Mountain View Coalition for Police Reform, requested a hearing to establish an independent commission to review the funding and policies of the Mountain View Police Department. Alison Kirmse spoke regarding racism and in favor of defunding the police. Yuan Liu requested improvement in the ability to search electronic documents on the website and spoke regarding ethical standards. Ellie Green, Mountain View Coalition for Police Reform, requested a public forum to discuss police reform. Kelsey Josund requested a public forum to discuss police policies. Dane Pede, Mountain View Coalition for Police Reform, requested a public hearing prior to June 23 and a commission led by the community for oversight of the police department. Sadie Carlson requested a public hearing prior to June 23 and a commission led by the community for oversight of the police department. Quinn Anderson spoke regarding the impact of the police budget on Mountain View students. City Clerk Lisa Natusch read into the record an email from the following member of the public: Charlotte Quinn 6. PUBLIC HEARINGS 6.1 Public Hearing for the Fiscal Year 2020-21 Proposed Budget City Manager Kimbra McCarthy and Finance and Administrative Services Director Jesse Takahashi presented the staff report. Assistant City Manager/Community Development Director Aarti Shrivastava, Assistant Finance and Administrative Services Director Suzy Niederhofer, City Attorney Krishan Chopra and Police Chief Max Bosel provided additional information. Public Hearing opened at 11:19 p.m. The following members of the public spoke: Jessica Matthew, Democratic Socialists of America City of Mountain View Page 8 City Council MEETING MINUTES - Final 6/9/2020 Anna Marie Morales Frank Tavares Eva Teng, Mountain View Coalition for Police Reform Miriam Connor, Mountain View Coalition for Police Reform Nina Amy Skerry Ryan, Mountain View Coalition for Police Reform Alex Nunez Ellie Green, Mountain View Coalition for Police Reform Amy Cummings, Showing Up for Racial Justice, Sacred Heart Adina Levin, Friends of Caltrain Alex Wong, Mountain View Coalition for Police Reform Sharon Tseng Logan Kelsey Josund, Mountain View Coalition for Police Reform Caitlin Newman, Showing Up for Racial Justice, Sacred Heart Elaine, Mountain View Coalition for Police Reform Connor, Silicon Valley Democratic Socialists of America Moira Huang Max Joiner Nija Mashruwala Kimberly Wand Meghan Fraley Yuan Liu Alex Brown Camille Rohin Ghosh, Mountain View Coalition for Police Reform Danielle Cannon Ethan Huang Johannes Muenzel, Silicon Valley Chapter, Democratic Socialists of America Jare City Clerk Natusch read into the record emails from the following members of the public: Steve Chandler Kiley Rucker City Clerk Natusch paused the reading of emails as Council discussed the status of the remaining items on the agenda due to the lateness of the hour. By majority show of hands, Council continued Items 6.2, 7.1 and 8.1. City Clerk Natusch proceeded to read into the record the remaining emails from members of the public: Emma Ambler City of Mountain View Page 9 City Council MEETING MINUTES - Final 6/9/2020 Jenny Kim Naveen Vemuri Mary Yelena Tao Collin Frietzsche Megan Schmiesing Libbie Katsev The following member of the public spoke: Joe Cannon To allow the City Clerk to resolve technical difficulties, Council recessed at 12:43 a.m. Council reconvened at 12:54 a.m. with all Councilmembers present. City Clerk Natusch read into the record emails from the following members of the public: Pansy Lu Corinna Ott Sarah Teng Daniela Gloster Talia Gloster Percy Langston Alicia Hoffmann Esther Chevallier Nastasya Stasiv Allison Nguyen Julia Petersen Neda S Mountain View Coalition for Sustainable Planning Mary Roo Joshi Margaret Capetz Katherine Sun Arushi Lakhan-Pal To allow the City Clerk time to process the remaining emails, Council recessed at 1:30 a.m. Council reconvened at 1:35 a.m. with all Councilmembers present. The following member of the public spoke: Annie Koruga, Silicon Valley DSA To allow additional time for the City Clerk to process the remaining emails, Council recessed at 1:42 a.m. Council reconvened at 1:50 a.m. with all Councilmembers present. City of Mountain View Page 10 City Council MEETING MINUTES - Final 6/9/2020 City Clerk Natusch read into the record an email from Sophia Rosenberg regarding the police budget and stated substantially similar emails were received from the following members of the public: Sanuj Bhatia Anya Sharma Setareh Greenwood Glenda Vargas Henry Lai Andrea Pena Alexa Lopez Anna Smith Jean Wong Hannah Daniel Mohssen Fathi Oliver Bley Zipporah Alcaraz Lia Tsur Paige Le Vanessa Fasoli Jiayan Luo Ava Sakamoto Tenaya Anthony Sado Danny Vesurai Angie Llamas Will Kenyon Jasmine Diarte Brenna R. Tim Draut Ananya Subramanian Elise Joshi Blaine Dzwonczyk Lucy Newton Giselle Roa Brad Cruz Vickie Ma Madison Ivy Sara Lighthall Nicole Chang Kaely Roa Eshan Govil Samantha Evans Bella Dachille Eva Karolczak City of Mountain View Page 11 City Council MEETING MINUTES - Final 6/9/2020 Claire Thomas Camille Leibler Noah Miller Olivia Cobb Kevin Shin Miles Libbey Kyle Harper Andrew Bissell Charlotte Ng Stella Rufeisen India Spears David Tran Emma van Geuns Hannah Levin Shruti Juneja Karla Oregon Eva Spaid Sarah Tran Luke Dzwonczyk Clara Michaud Giselle Barajas Paige Le Simran Dhalla Indu Danturti Katherine Lai Charissa Vesurai Abigail Lu Abby Porter Jocelyn Maeyama Natalie Lillie Kristine Preciado Saumeya Suseenthiran Mezi Iroaga Jessica Rosenberry Colin Chow Jaycie Yeung Nicole Briedis Samira Sriram Devang Bhatt Elisa David Marks Amanda Cobb Ashley Cai Ari Soewarso-Rivera City of Mountain View Page 12 City Council MEETING MINUTES - Final 6/9/2020 Kian Behroozi Jenna Auer Claire Johnson Annabel Rustum Martha McQuillan Autumn Fung Alanna Kelly Jacob McLaws Hannah Petersen Audrey Chang City Clerk Natusch read into the record emails from the following members of the public: Ben Charrow Kevin Ma Serge Bonte Mariele Wardian Amanda Le Sebastian Brisbois Stefano Scotti Shayda Dehnow Rebecca Moira Huang Anonymous Caroline Charrow Marisa Hardwicke Scott Henderson Shae Iwasaki Anna Hubel Urna Bajracharya David Rosen Katie Dektar Spencer Coady Bronk Jeremy Siegel Nina Trusso Bridget Harrison Susan McDonald Shellie Fletcher Roehrs Emma Leihe Public Hearing closed at 2:49 a.m. MOTION - M/S - McAlister/Hicks - To: 1. Convene a public hearing, accept public comment, and provide input to staff on the Fiscal City of Mountain View Page 13 City Council MEETING MINUTES - Final 6/9/2020 Year 2020-21 Proposed Budget. 2. Approve the revised City Council Major Goals Work Plan for Fiscal Year 2020-21. 3. For Fiscal Year 2019-20, appropriate $600,000 in the General Non-Operating Fund for emergency expenses related to COVID-19. 4. For Fiscal Year 2019-20, appropriate and transfer $500,000 from the General Non-Operating Fund to the Shoreline Golf Links/Michaels at Shoreline Restaurant Fund to cover a projected deficit for Fiscal Year 2019-20 related to the impact of COVID-19. 5. For Fiscal Year 2019-20, appropriate and transfer $1.5 million from the Workers’ Compensation Self-Insurance Fund to the Liability Insurance Fund. FRIENDLY AMENDMENT: Councilmember Hicks seconded the motion and offered a friendly amendment to defer the drone equipment, patrol rifles, parking enforcement, and RV towing subsidy until mid-year as outlined in the Responses to City Council Questions document. Councilmember McAlister accepted the friendly amendment. 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 Following action on Item 6.1, Council discussed the future scheduling of the remaining items on the agenda, and then proceeded with Item 6.2. 6.2 Zoning Text Amendments Regarding Family Day-Care Homes and Planned Community Permits Mayor Abe-Koga stated Council would dispense with the staff report. City Attorney Krishan Chopra responded to Council questions. Public Hearing opened at 3:08 a.m. No speakers. Public Hearing closed at 3:08 a.m. MOTION - M/S - McAlister/Clark - To: Introduce an Ordinance Amending Sections of Chapter 36 (Zoning Ordinance) of the City Code to Update Home-Based Child-Care Regulations to Align with New State Regulations and to Modify Planned Community Permit Regulations, read in title only, further reading waived, and set a second reading for June 23, 2020. City of Mountain View Page 14 City Council MEETING MINUTES - Final 6/9/2020 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 MOTION - M/S - Clark/McAlister - To continue Item 7.1 and Item 8.1 to the regular meeting scheduled for June 23, 2020, noting that if that agenda gets too long, Item 8.1 could be rescheduled to the following week. Public Comment opened at 3:13 a.m. No speakers. Public Comment closed at 3:13 a.m. 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. UNFINISHED BUSINESS 7.1 Submit to the Voters "The Mountain View Homeowner, Renter, and Taxpayer Protection Initiative" Charter Amendment Ballot Measure - November 3, 2020 This item was continued to June 23, 2020 per Council action following Item 6.2. 8. NEW BUSINESS 8.1 Citywide School Strategy This item was continued per Council action following Item 6.2. 9. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember McAlister provided comments regarding the procedure for reading emails into the record. City Attorney Krishan Chopra and City Clerk Lisa Natusch each provided comments and stated they would work together to refine the process. Mayor Abe-Koga spoke regarding the Equity Pledge introduced by Santa Clara County Board of Supervisors President Cindy Chavez and San Jose City Councilmembers, and stated she would forward it to Council. Mayor Abe-Koga stated she would convene a Council Ad-Hoc Subcommittee on Race, Equity and Inclusion and would seek Council volunteers to serve on the Subcommittee following a discussion with the City Manager. Vice Mayor Kamei inquired if there was Council interest in affirming support for Black City of Mountain View Page 15 City Council MEETING MINUTES - Final 6/9/2020 Lives Matter by adopting a resolution. By unanimous show of hands, Council affirmed support for adopting a resolution at an upcoming Council meeting. 10. CLOSED SESSION REPORT City Attorney Krishan Chopra stated Council met in Closed Session to discuss the claim of MWKM Corporation against the City of Mountain View and reported Council voted unanimously to direct the City Attorney to reject the claim. 11. ADJOURNMENT Mayor Abe-Koga adjourned the meeting at 3:26 a.m. City of Mountain View Page 16