City Council

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 24, 2023 - 5:00 PM CITY COUNCIL AGENDA AND NOTICE COUNCIL CHAMBERS AND VIDEO CONFERENCE, 500 CASTRO ST., MOUNTAIN VIEW, CA 94041 Alison Hicks, Mayor Kimbra McCarthy, City Manager Pat Showalter, Vice Mayor Jennifer Logue, City Attorney Margaret Abe-Koga, Councilmember Heather Glaser, City Clerk Ellen Kamei, Councilmember Lisa Matichak, Councilmember Lucas Ramirez, Councilmember Council Chambers and Video Conference, 500 Castro 5:00 PM Tuesday, January 24, 2023 St., Mountain View, CA 94041 REGULAR CITY COUNCIL MEETING This meeting is being conducted with a virtual component. Anyone wishing to address the Council virtually may join the meeting online at: https://mountainview.zoom.us/j/84351267142 or by dialing (669) 900-9128 and entering Webinar ID: 843 5126 7142. When the Mayor announces the item on which you wish to speak, click the “raise hand” feature in Zoom or dial *9 on your phone. When the Mayor calls your name to provide public comment, if you are participating via phone, please press *6 to unmute yourself. 5:00 P.M.-STUDY SESSION 1. CALL TO ORDER 2. ROLL CALL 3. STUDY SESSION 3.1 Legislative Program Priorities for 2023 Recommendation(s): The purpose of this Study Session is to receive City Council input on the proposed legislative program priority issues to guide the City’s regional, State, and Federal legislative advocacy during the 2023 legislative session. Attachment(s): Study Session Memo ATT 1 - Draft 2023 Legislative Platform ATT 2 - Council Policy A-16 6:30 P.M.-REGULAR SESSION 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATIONS These are presentations only. The City Council will not take any action. City of Mountain View Page 1 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM 3.1 National Gun Violence Survivors Week Proclamation 3.2 Proclamation in Recognition of Police Chief Chris Hsiung on His Retirement 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 Annual Water and Sewer Main Replacements, Projects 19-21 and 19-22-Various Actions Recommendation(s): 1. Adopt a Resolution of the City Council of the City of Mountain View Adopting a Mitigated Negative Declaration for Annual Water Main Replacement, Project 19-21: Pressure Reducing Valve Installation on North Whisman Road and Evandale Avenue; Whitney Drive, Whitney Court, and Parker Court Water Main Replacements, in accordance with the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). 2. Find that in accordance with the California Environmental Quality Act requirements, under California Code of Regulations Article 19, Section 15302(c), the California Environmental Quality Act does not apply to the replacement of existing water and sewer mains, and the replacement of the water and sewer mains in project locations not listed under Recommendation 1 is categorically exempt. 3. Appropriate and transfer $1,440,000 from Miscellaneous Water Main/Service Line Replacement, Project 17-21, and $940,000 from Miscellaneous Water Main/Service Line Replacement, Project 18-21, to Miscellaneous Water Main/Service Line Replacement, Project 19-21. (Five votes required) 4. Appropriate and transfer $600,000 from Miscellaneous Storm/Sanitary Sewer Main Replacement, Project 17-22, and $1,400,000 from Miscellaneous Storm/Sanitary Sewer Main Replacement, Project 18-22, to Miscellaneous Storm/Sanitary Sewer Main Replacement, Project 19-22. (Five votes required) 5. Approve plans and specifications for Annual Water and Sewer Main Replacement, Projects 19-21 and 19-22, and authorize staff to advertise the project for bids. 6. Authorize the City Manager or designee to award the construction contract to the lowest responsible bidder if the low bid is within the project budget. 7. Authorize the City Manager or designee to execute a professional services agreement with Tanner Pacific, Inc., to provide construction engineering services in a total not-to-exceed amount of $485,000 for Miscellaneous Water Main/Service Line City of Mountain View Page 2 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM Replacement, Project 19-21, and Miscellaneous Storm/Sanitary Sewer Main Replacement, Project 19-22. Attachment(s): Council Report ATT 1 - Resolution 4.2 Contract Amendment for Outside Building Plan Checking and Inspection Services Recommendation(s): 1. Appropriate $2,495,000 from the Development Services Fund for building plan checking, inspection, consultant, and professional services. (Five votes required) 2. Authorize the City Manager or designee to execute an amendment to the professional services agreement with Shums Coda Associates for building plan checking and inspection services to increase maximum compensation by $2,495,000 for a total contract amount not to exceed $3,405,000 in Fiscal Year 2022-23. Attachment(s): Council Report 4.3 Fiscal Years 2023-24 and 2024-25 Council Work Plan Development Process Recommendation(s): Approve the recommended Fiscal Years 2023-24 and 2024-25 Council Work Plan development process. Attachment(s): Council Report ATT 1 - City of Mountain View Strategic Roadmap FY 21-23 Action Plan ATT 2 - Proposed Council Work Plan Development Process 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. NEW BUSINESS 6.1 Resolution Appointing a Retired Annuitant as Interim Police Chief Under Government Code Section 21221(h) Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Appointing Max Bosel as an Interim Police Chief Under Government Code Section 21221(h), to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution 6.2 Councilmember Vacancy-January 30 Applicant Interviews Recommendation(s): Provide direction to staff on the number of applicants to be interviewed, questions to be asked, and length of time for each question or length of time for each applicant to respond City of Mountain View Page 3 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM during applicant interviews to fill the Councilmember vacancy at the January 30, 2023 Council meeting. Attachment(s): Council Report ATT 1 - Bryant Redacted Application ATT 2 - Clark Redacted Application ATT 3 - Gessert Redacted Application ATT 4 - Goldstein Redacted Application ATT 5 - Kasperzak Redacted Application ATT 6 - McAlister Redacted Application ATT 7 - Ralston Redacted Application ATT 8 - Ramos Redacted Application ATT 9 - Rosen Redacted Application ATT 10 - Zhang Redacted Application 7. PUBLIC HEARING 7.1 General Plan, Zoning, and Precise Plan Amendments Related to the Housing Element Update Recommendation(s): 1. Adopt a Resolution of the City Council of the City of Mountain View Certifying the 2023 -2031 Housing Element Update Environmental Impact Report and Adopting Findings Related to Environmental Impacts, Mitigation Measures, and Alternatives and Adopting a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program in Compliance with the California Environmental Quality Act, to be read in title only, further reading waived (Attachment 1 to the Council report). 2. Adopt a Resolution of the City Council of the City of Mountain View Amending the General Plan Land Use Map from High-Intensity Office to High-Density Residential for the Properties Located at 57/67 and 87 East Evelyn Avenue South of East Evelyn Avenue, Between State Route 85 and Pioneer Way, and from General Industrial to High-Density Residential for the Property Located at 1110 Terra Bella Avenue/1012 Linda Vista Avenue at the Northwest Corner of Linda Vista Avenue and Terra Bella Avenue; and Amending the General Plan to Clarify Floor Area Ratio (FAR) Exemptions and Make Other Minor Modifications, to be read in title only, further reading waived (Attachment 2 to the Council report). 3. Introduce an Ordinance of the City of Mountain View Amending Sections of Chapter 36 (Zoning) of the City Code to Eliminate Lot Area and Lot Width Minimums in the Residential High-Density (R4) Zoning District for 100% Affordable Housing Developments that Receive Authorization Through the City Notice of Funding Availability Process; Allow Residential Mixed-Use Village Center Development Where the General Plan Land Use Designation Allows Residential Uses on Sites Within the Commercial Neighborhood (CN) and City of Mountain View Page 4 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM Commercial Services (CS) Zoning Districts; and Establish Definitions, Procedures, and Standards for Such General Plan Mixed-Use Village Center Development, to be read in title only, further reading waived, and set a second reading for February 14, 2023 (Attachment 3 to the Council report). 4. Introduce an Ordinance of the City of Mountain View Amending the Zoning Map from the General Industrial (MM) Zoning District to the High-Density (R4) Zoning District for the Properties Located at 57/67 and 87 East Evelyn Avenue South of East Evelyn Avenue, Between State Route 85 and Pioneer Way; and 1110 Terra Bella Avenue/1012 Linda Vista Avenue at the Northwest Corner of Linda Vista Avenue and Terra Bella Avenue, to be read in title only, further reading waived, and set a second reading for February 14, 2023 (Attachment 4 to the Council report). 5. Adopt a Resolution of the City Council of the City of Mountain View Amending the El Camino Real Precise Plan to Increase the Maximum Floor Area Ratio (FAR) and Height Allowances for Residential/Mixed-Use Development for Tier 1 Projects in Village Center Areas Consistent with the General Plan and Make Other Minor Text Amendments, to be read in title only, further reading waived (Attachment 5 to the Council report). 6. Adopt a Resolution of the City Council of the City of Mountain View Amending the Grant-Phyllis Precise Plan to Allow General Plan Mixed-Use Village Center Development as a Provisional Use and Add Development Standards, to Update the Administration Provisions, and to Make Other Minor Text Modifications and Clarifications, to be read in title only, further reading waived (Attachment 6 to the Council report). Attachment(s): Council Report ATT 1 - Resolution for the Final EIR ATT 2 - Resolution for the General Plan Land Use Map & Text Amendments ATT 3 - Ordinance for Zoning Text Amendments ATT 4 - Ordinance for Zoning Map Amendments ATT 5 - Resolution for El Camino Real Precise Plan Amendments ATT 6 - Resolution for Grant-Phyllis Precise Plan Amendments ATT 7 - Notice of Preparation Comments ATT 8 - Fiscal Impact Analysis Report ATT 9 - HCD Letter on Second Draft Housing Element Update 10. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 11. CLOSED SESSION REPORT City of Mountain View Page 5 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM 12. ADJOURNMENT City of Mountain View Page 6 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM NOTICE TO THE PUBLIC: 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, reports, and any writings or documents provided to a majority of the City Council regarding any item on this agenda are posted at https://mountainview.legistar.com under the meeting details for the date of this meeting. The agenda may also be viewed at City Hall, 500 Castro Street, the City Clerk's Office, 500 Castro Street, Third Floor and at the Mountain View Library, 585 Franklin Street, beginning the Friday morning prior to Tuesday City Council meetings. Printed copies of the agenda, reports, and any writings or documents already provided to a majority of the City Council regarding any item on this agenda may be requested at the City Clerk's Office during normal business hours. 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 or by email at city.clerk@mountainview.gov 48 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)). If you have a hearing or speech disability, please use the California Relay System at 711, TDD 650-967-0158 or 800-735-2929. The City of Mountain View does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, source of income, gender, gender expression or identity, or any other State or Federal protected class in any of its policies, procedures or practices. This nondiscrimination policy covers admission and access to, or treatment or employment in, the City of Mountain View programs and activities. For inquiries regarding the nondiscrimination policy, please contact the City's Section 504 Coordinator at laurel.james@mountainview.gov or 650-903-6397. Computer-generated captioning of the City Council meeting is unedited and should neither be relied upon for complete accuracy nor used as a verbatim transcript. ADDRESSING THE COUNCIL: Email comments to city.council@mountainview.gov by 4:30 p.m. on the meeting date. Emails will be received directly by the City Council. Please identify the Agenda item number in the subject line of your email. Requests to show an audio or video presentation during a Council meeting should be directed to city.clerk@mountainview.gov by 4:30 p.m. on the meeting date. Anyone wishing to address the Council in person must complete a blue speaker card indicating the name you would like to be called by when it is your turn to speak and the item number on which you wish to speak. Please complete one blue speaker card for each item on which you wish to speak. Virtual and in-person speakers will be called in order as determined by the Mayor. 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. If requested in advance of the public input portion of the agenda item to the Mayor or City Clerk, a speaker who represents five or more members of the public in attendance who complete cards but elect not to speak may have up to 10 minutes to address the Council, if the Mayor determines that such extension will reduce the total number of speakers who planned to speak. 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. The presiding officer may remove or cause the removal of any individual(s) for disrupting a meeting in accordance with California Government Code section 54957.95, as may be amended from time to time. In accordance with California Government Code section 54957.9, as may be amended from time to time, the Council may order a meeting room cleared and continue in session in the event a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting impossible, and order cannot be restored by the removal of individuals who are disrupting the meeting. 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. To request Russian, Spanish or Chinese interpretation, please contact the City Clerk's office by 5:00 p.m. at least two business days prior to the day of the scheduled Council meeting by phone at (650) 903-6399 or by email at city.clerk@mountainview.gov. City of Mountain View Page 7 of 8 City Council AGENDA AND NOTICE TUESDAY, JANUARY 24, 2023 - 5:00 PM Чтобы запросить устный перевод на русский язык, обратитесь в офис городского секретаря до 17:00. не менее чем за два рабочихдня до дня запланированного заседания Совета по телефону (650) 903-6399 или по электронной почте city.clerk@mountainview.gov. Para solicitar interpretación en español, comuníquese con la oficina del Secretario Municipal antes de las 5 p.m. al menos dos días hábiles antes del día de la reunión programada del Consejo por teléfono (650) 903-6399 o por correo electrónico a city.clerk@mountainview.gov. 如需中文口译服务，请在下午 5 点前联系市书记官办公室。在预定的市议会会议召开前至少两个工作日通过电话 (650) 903-6399 或发送电子邮 件至 city.clerk@mountainview.gov。 City of Mountain View Page 8 of 8