City Council

CITY OF MOUNTAIN VIEW TUESDAY, FEBRUARY 14, 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 Emily Ann Ramos, Councilmember Council Chambers and Video Conference, 500 Castro 5:00 PM Tuesday, February 14, 2023 St., Mountain View, CA 94041 JOINT MEETING OF CITY COUNCIL (REGULAR) AND SHORELINE REGIONAL PARK COMMUNITY (SPECIAL) 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. 1. CALL TO ORDER 2. ROLL CALL 3. PRESENTATION This is a presentation only. The City Council will not take any action. 3.1 Administration of Oath of Office to Emily Ann Ramos 3.2 Remarks by Appointed Councilmember CLOSED SESSION 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION IN COUNCIL CHAMBERS) 2. CLOSED SESSION (COMMITTEE ROOM) 2.1 Conference with Real Property Negotiator (Government Code §54956.8); Property: Gamel Way, a public street (No APN); Agency Negotiator: Angela LaMonica, Real Property Program Administrator; Dawn Cameron, Public Works Director; Negotiating Party: Kevin DeNardi, The DeNardi Group-Under Negotiation: Price and Terms of Sale 2.2 Acting in its capacity as Board of Directors of the Shoreline Regional Park Community and City Council; Conference with Real Property Negotiator (Government Code §54956.8); Property: 1 Amphitheatre City of Mountain View Page 1 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM Parkway Parking Lot C (APN: 116-20-043, portion of); Agency Negotiator: Angela LaMonica, Real Property Program Administrator; Dawn Cameron, Public Works Director; Negotiating Party: Google, LLC; Under Negotiation: Price and Terms of Lease 6:30 P.M.-REGULAR SESSION (COUNCIL CHAMBERS) 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 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 Minutes Recommendation(s): Acting as the City Council and Board of Directors of the Shoreline Regional Park Community, approve the meeting minutes of November 1, 2022, November 15, 2022, November 28, 2022, December 6, 2022, December 13, 2022, January 5, 2023 and January 10, 2023. Attachment(s): 11-01-22 Council and Shoreline Minutes 11-15-22 Council and Shoreline Minutes 11-28-22 Council Minutes 12-06-22 Council and Shoreline Minutes 12-13-22 Council and Shoreline Minutes 01-05-23 Council Minutes 01-10-23 Council and Shoreline Minutes 4.2 Ordinance Amending the Zoning Code and Zoning Map Related to the Housing Element Update (Second Reading) Recommendation(s): 1. Adopt 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 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 (Attachment 1 to the Council report). (First reading: 6-0) City of Mountain View Page 2 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM 2. Adopt 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 (Attachment 2 to the Council report). (First reading: 6-0) Attachment(s): Council Report ATT 1 - Ordinance for Zoning Text Amendments ATT 2 - Ordinance for Zoning Map Amendments 4.3 One Bay Area Grant Cycle 3 Resolutions of Local Support Recommendation(s): 1. Adopt a Resolution of the City Council of the City of Mountain View Providing Local Support and Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Middlefield Road Complete Streets Project, 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 Providing Local Support and Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Moffett Boulevard Complete Streets Project, to be read in title only, further reading waived (Attachment 2 to the Council report). 3. Adopt a Resolution of the City Council of the City of Mountain View Providing Local Support and Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission and Committing Any Necessary Matching Funds and Stating Assurance to Complete the El Camino Real/El Monte/Escuela Intersection Improvements, to be read in title only, further reading waived (Attachment 3 to the Council report). 4. Authorize the City Manager or designee to execute all documents and agreements and take all necessary actions related to the grant funding. Attachment(s): Council Report ATT 1 - Resolution, Middlefield Road ATT 2 - Resolution, Moffett Boulevard ATT 3 - Resolution, El Camino Real/El Monte Avenue/Escuela Avenue City of Mountain View Page 3 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM 4.4 Application for State’s Prohousing Incentive Pilot Program Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Authorizing Application to the Prohousing Incentive Pilot Program and Certifying to the California Department of Housing and Community Development Compliance with the Prohousing Incentive Pilot Program Requirements and Authorizing the City Manager or Designee to Execute a Grant Agreement if Awarded, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - List of Eligible Activities per PIP Program Guidelines 4.5 Authorization of Funding and Associated Agreements to Expand the Safe Parking Program at Shoreline Lot B Recommendation(s): 1. Appropriate $201,340 from the General Non-Operating Fund for one-time expenditures in the amount of $101,340 and prorated costs of $100,000 for contracting with the County of Santa Clara for expanding the safe parking program at Shoreline Amphitheatre Lot B by 17 oversized vehicle spaces. (Five votes required) 2. Appropriate $250,000 from the Housing Fund for the operation of safe parking sites through a contracted service provider and a case worker for permanent supportive housing, which is a clean-up appropriation inadvertently left out of the Fiscal Year 2022 -23 Budget. (Five votes required) 3. Adopt a Resolution of the Shoreline Regional Park Community of the City of Mountain View Authorizing the Executive Director or Designee to Amend the Amended and Restated Amphitheatre Ground Lease Agreement with Live Nation to Increase the Portion of Lot B that May Be Used for Safe Parking and Finding These Actions to Be Exempt from the California Environmental Quality Act Under California Code of Regulations Title 14, Sections 15301 and 15061(b)(3), to be read in title only, further reading waived (Attachment 1 to the Council report). 4. Adopt a Resolution of the City Council of the City of Mountain View Authorizing the City Manager or Designee to: (1) Execute a Funding Agreement with the County of Santa Clara for Preventing and Ending Homelessness in Mountain View in an Amount Not to Exceed $625,000; (2) Amend the Amended and Restated Amphitheatre Ground Lease Agreement with Live Nation to Increase the Portion of Lot B that May Be Used for Safe Parking; and (3) Amend the Shoreline Amphitheatre Lot B Lease Agreement with the County of Santa Clara to Increase the Number of Oversized Vehicle Spaces that May Be Used for Safe Parking and Finding These Actions to Be Exempt from the California Environmental Quality Act Under California Code of Regulations Title 14, Sections 15301 and 15061(b)(3), to be read in title only, further reading waived (Attachment 2 City of Mountain View Page 4 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM to the Council report). Attachment(s): Council Report ATT 1 - Shoreline Regional Park Community Resolution ATT 2 - City of Mountain View Resolution ATT 3 - June 14, 2022 Council Report ATT 4 - Homeless Initiatives Memo—December 15, 2022 ATT 5 - Safe Parking Expansion in Shoreline Lot B Memo—October 14, 2022 4.6 Adoption of Legislative Platform for 2023 Recommendation(s): Adopt the Legislative Platform to guide the City's regional, State, and Federal legislative advocacy efforts for 2023. Attachment(s): Council Report ATT 1 - January 24, 2023 Study Session Memo ATT 2 - Legislative Program Platform for 2023 (red-line) ATT 3 - Legislative Program Platform for 2023 4.7 Crittenden Lane Trailhead-Accept Public Improvements Recommendation(s): Accept the public improvements at Crittenden Lane Trailhead for maintenance throughout their useful life. Attachment(s): Council Report 4.8 Amendment of Contract with JHS Consulting, LLC, for Environmental Review Consultant Services Recommendation(s): 1. Authorize expenditures by the Community Development Department in an amount not to exceed $200,000 for consultant services performed by JHS Consulting, LLC, associated with environmental review services for development applications. 2. Authorize the City Manager or designee to execute an amendment to the professional services agreement with JHS Consulting, LLC, for environmental review consulting services to increase maximum compensation by $100,000 for a total not-to-exceed contract amount of $200,000. Attachment(s): Council Report 4.9 Increase Appropriations in the Police Department for Reimbursement of Amphitheatre Event Support Recommendation(s): Increase appropriations by $125,744 in the Police Department for overtime staff hours expended in support of the 2022 event season at Shoreline Amphitheatre and reimbursed by Live Nation and increase budgeted revenue by the $125,744 in reimbursements received over the adopted budget. (Five votes required) Attachment(s): Council Report City of Mountain View Page 5 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM 4.10 Grant Road and Sleeper Avenue Intersection Improvements, Project 21-39, and Active Transportation Improvements, Project 23-30-Authorize Professional Services Agreement Recommendation(s): 1. Transfer and appropriate $75,000 from the General Fund Transportation Reserve to Grant Road and Sleeper Avenue Intersection Improvements, Project 21-39. (Five votes required) 2. Authorize the City Manager or designee to execute a professional services agreement with BKF Engineers, Inc., of San Jose, to provide design and construction support services for Grant Road and Sleeper Avenue Intersection Improvements, Project 21-39, and Active Transportation Improvements, Project 23-30, in a not-to-exceed amount of $433,000. 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. NEW BUSINESS 6.1 Notice of Funding Availability Proposals-Affordable Housing Projects at 1012 Linda Vista Avenue/1110 Terra Bella Avenue and 96 West El Camino Real Recommendation(s): The Notice of Funding Availability Review Committee recommends that the City Council: 1. Appropriate $10 million in Housing Impact Funds for the Alta Housing 70-unit affordable housing development located at 1012 Linda Vista Avenue/1110 Terra Bella Avenue. (Five votes required) 2. Appropriate $8 million in Housing Impact Funds for the Danco Communities 79-unit affordable housing development located at 96 West El Camino Real. (Five votes required) 3. Authorize the City Manager or designee to negotiate the terms and execute all of the following for each project described above: a funding commitment letter; a predevelopment loan agreement and the permanent loan agreement, with maximum funding amounts subject to Council appropriation of funds; agreements for City acquisition of the project site and ground lease to the affordable housing developer; amendments to such agreements; and related documents necessary for City financing for the development. City of Mountain View Page 6 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM Attachment(s): Council Report ATT 1 - Project Summary: 1012 Linda Vista ATT 2 - Project Summary: 96 West El Camino Real ATT 3 - Cost Analysis Comparison for NOFA Projects 6.2 Amendments to Mountain View City Code Section 19.72 Recommendation(s): Introduce an Ordinance of the City of Mountain View: 1) Amending Mountain View City Code Section 19.72 Prohibiting Parking in Excess of Seventy-Two (72) Hours to Define the Term “Vehicle” as Used Therein, Add a 24-Hour No Return Requirement, Add a Pre-Removal Notice Requirement, and Add Language Requiring Compliance with California Vehicle Code Post-Storage Notice and Hearing Requirements; and 2) Finding that this Code Amendment is Not Subject to the California Environmental Quality Act, to be read in title only, further readings waived, and schedule a second reading for final adoption on February 28, 2023 (Attachment 2 to the Council report). Attachment(s): Council Report ATT 1 - Current and Proposed Code Language Comparison Chart ATT 2 - Ordinance 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 City of Mountain View Page 7 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 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 and staff reports may be viewed at the Mountain View Library, 585 Franklin Street, beginning the Thursday evening before each meeting and at the City Clerk's Office, 500 Castro Street, Third Floor, beginning Friday morning prior to Tuesday City Council meetings. Agenda materials may also be viewed online at mountainview.legistar.com. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office during normal business hours and posted at https://mountainview.legistar.com under the meeting details for this meeting. 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 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. City of Mountain View Page 8 of 9 City Council AGENDA AND NOTICE TUESDAY, FEBRUARY 14, 2023 - 5:00 PM 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. Russian, Spanish or Chinese interpretation is available via Zoom upon request. 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 La interpretación en ruso, español o mandarín está disponible a través de Zoom si se solicita. Comuníquese con la Oficina dela Secretaría Municipal antes de las 5:00 p. m. con al menos dos días hábiles antes del día en que la reunión del concejo está programada. Comuníquese por teléfono al (650) 903-6399 o por correo electrónico a city.clerk@mountainview.gov 可应要求通过 Zoom 提供俄语、西班牙语或中文口译服务。 请至少在预定的市议会会议召开的两个工作日前在下午 5:00 之前联系市书记 办公室，致电 (650) 903-6399 或发送电子邮件至 city.clerk@mountainview.gov По запросу предоставляется перевод на русский, испанский и китайский языки через Zoom. Обращайтесь в офис городского секретаря до 17.00 не позже, чем за два рабочих дня до даты заседания совета. Звоните по телефону (650) 903-6399 или пишите по электронной почте city.clerk@mountainview.gov City of Mountain View Page 9 of 9