City Council

CITY OF MOUNTAIN VIEW TUESDAY, OCTOBER 8, 2024 - 5:15 PM CITY COUNCIL AGENDA AND NOTICE COUNCIL CHAMBERS AND VIDEO CONFERENCE, 500 CASTRO ST., MOUNTAIN VIEW, CA 94041 Pat Showalter, Mayor Kimbra McCarthy, City Manager Lisa Matichak, Vice Mayor Jennifer Logue, City Attorney Margaret Abe-Koga, Councilmember Heather Glaser, City Clerk Alison Hicks, Councilmember Ellen Kamei, Councilmember Lucas Ramirez, Councilmember Emily Ann Ramos, Councilmember Council Chambers and Video Conference, 500 Castro 5:15 PM Tuesday, October 8, 2024 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. 5:15 P.M.-CLOSED SESSION 1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) 2. CLOSED SESSION (PLAZA CONFERENCE ROOM) 2.1 Conference with Real Property Negotiator (§54956.8); Property: 928 Mariner Drive, Mountain View, CA 94043 (APN 153-24-021); Agency Negotiators: Arn Andrews, Assistant City Manager, Christian Murdock, Community Development Director, Angela LaMonica, Real Property Program Administrator; Negotiating Party: Department of the Army; Under Negotiation: Price and Terms of Purchase 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. 3.1 Breast Cancer Awareness Month 3.2 Arts & Humanities Month Proclamation 4. CONSENT CALENDAR City of Mountain View Page 1 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM 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 June 11, 2024, June 25, 2024, September 10, 2024 and September 24, 2024. Attachment(s): 06-11-24 Council and Shoreline Minutes 06-25-24 Council and Shoreline Minutes 09-10-24 Council Minutes 09-24-24 Council Minutes 4.2 Santa Clara County Public Health Department Climate and Health Program Grant Funding Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Accepting a Grant from the Santa Clara County Public Health Department in the Amount of $25,000 and Approving an Appropriation Amendment to Increase the Fiscal Year 2024-25 Capital Projects Fund Revenue by $25,000 and Expenditures in Sustainability Project Capital Improvement Program (CIP) Project 20-99 by $25,000, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution 4.3 Use of City Parking Lot 7 by Santa Clara County, Trinity United Methodist Church, and Home First Services to Support a Cold Weather Shelter (748 Mercy Street) Recommendation(s): 1. Adopt a Resolution of the City Council of the City of Mountain View Authorizing Temporary Closure from Public Access of 15 Parking Spaces Within Parking Lot 7 from 3:00 p.m. through 9:00 a.m. daily, from November 1, 2024 through April 15, 2025; October 15, 2025 through April 15, 2026; and October 15, 2026 through April 15, 2027, for Use by Santa Clara County’s Cold Weather Shelter Program Staff and Participants, to be read in title only, further reading waived (Attachment 1 to the Council report). 2. Authorize the City Manager or designee to enter into a no-fee license agreement with the County of Santa Clara for the temporary use of 15 parking spaces within Parking Lot 7 between the hours of 3:00 p.m. through 9:00 a.m. daily, from November 1, 2024 through April 15, 2025; October 15, 2025 through April 15, 2026; and October 15, 2026 through April 15, 2027, for use by Santa Clara County’s Cold Weather Shelter Program staff and participants. Attachment(s): Council Report ATT 1 - Resolution City of Mountain View Page 2 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM 4.4 Silicon Valley Clean Energy Grant Agreement Amendments Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Amending the Senior Center Hot Water Systems and Community Education About Building Electrification Grant Agreements with Silicon Valley Clean Energy to Extend Project Completion Dates to December 31, 2025 and Authorizing the City Manager or Designee to Execute Ministerial or Administrative Amendments to the Agreements, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution 4.5 Energy Efficiency and Conservation Block Grant Program Grant Funding Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Directing Staff to Apply for a Noncompetitive $148,010 Grant From the Formula Energy Efficiency and Conservation Block Grant Program, and Accepting and Appropriating Awarded Grant Funds to City Hall HVAC GHG Offsets, Phase I, Project 22-34-01 (Mountain View Senior Center), to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution 4.6 2023 Santa Clara County Operational Area Multi-Jurisdictional Hazard Mitigation Plan Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Adopting Volume I and Mountain View’s Annex within Volume II of the 2023 Santa Clara County Operational Area Multi-Jurisdictional Hazard Mitigation Plan, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - MJHMP Volume I ATT 3 - MJHMP Volume II (Mountain View’s Annex) ATT 4 - FEMA Approval Pending Adoption Letter 4.7 Overtime and Portal-to-Portal Pay for Employees Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Authorizing Overtime and Portal-to-Portal Pay for Employees When Staff are Deployed to Assist with Wildland Fires and Other Emergency Incidents, to be read in title only, further reading waived (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution City of Mountain View Page 3 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM 4.8 Council Policy Position - Support for Proposition 5 Recommendation(s): 1. Waive the City Council Policy A-16 requirement that ballot measures be referred to staff for analysis by a majority vote of the City Council before Council takes a position on a measure in order to consider Proposition 5. 2. Adopt a Council Policy position of support for Proposition 5, a statewide measure which allows local bonds for affordable housing and public infrastructure with 55% voter approval. Legislative Constitutional Amendment. Attachment(s): Council Report ATT 1 - Council Policy A-16 ATT 2 - Legislative Analyst Office Impartial Analysis for Proposition 5 4.9 Plymouth/Space Park Realignment, Project 20-40-Professional Services Agreement Recommendation(s): 1. Acting as the City Council and Board of Directors of the Shoreline Regional Park Community, approve deferring the bus lane elements of the project scope for Plymouth/Space Park Realignment, Project 20-40, to be a later phase of the project. 2. Acting as the City Council and Board of Directors of the Shoreline Regional Park Community, authorize the Community Manager and City Manager, or their respective designees to amend the professional services agreement with BKF Engineers, a California corporation (Entity No. 599256), for Plymouth/Space Park Realignment, Project 20-40, to add $600,000 for additional design services for a total not-to-exceed amount of $2,155,565. Approximately 71% of the total costs from preliminary engineering through construction for the Plymouth/Space Park Realignment project will be funded by the Shoreline Regional Park Community Fund. Attachment(s): Council Report 4.10 SB-1 Streets, Project 23-03-Professional Services Agreement Recommendation(s): Authorize the City Manager or designee to amend the professional services agreement with BKF Engineers, a California corporation (Entity No. 599256), for SB-1 Streets, Project 23-03, to add $61,000 for a total not-to-exceed amount of $496,710. Attachment(s): Council Report 4.11 939 San Rafael Avenue (APN: 153-18-032)-Acquisition of Real Property Recommendation(s): 1. Approve the acquisition of property located at 939 San Rafael Avenue (APN: 153-18 -032) owned by San Rafael Partners, LLC, a California limited liability company. 2. Appropriate $6.05 million from the Park Land Dedication Fund for the acquisition and closing costs of 939 San Rafael Avenue. (Five votes required) City of Mountain View Page 4 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM 3. Authorize the City Manager or designee to execute all documents and take all necessary action related to the acquisition of 939 San Rafael Avenue (APN: 153-18- 032). 4. Find that in accordance with the California Environmental Quality Act requirements, under Public Resources Code Section 21080.28, the California Environmental Quality Act requirements do not apply to the acquisition of land for preservation of lands for park purposes; and acquisition of the property is categorically exempt under Class 25, acquisition to preserve lands for park purposes. Attachment(s): Council Report ATT 1 - Park Land Dedication Fund Commitment 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 within the City Council's subject matter jurisdiction 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 Mixed-Use Addition at 194-198 Castro Street Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View Approving a Planned Community Permit, Development Review Permit, and Historic Preservation Permit to Construct a Three-Story, 5,733 Square Foot Building Addition with a Roof Deck Adjacent to an Existing Two-Story, 7,608 Square Foot Historic Building with Office and Ground-Floor Restaurant, and a Provisional Use Permit to Allow an Administrative Office Use on the Upper Floors of a Commercial Building on a 0.14-Acre Project Site at 194-198 Castro Street, to be read in title only, further reading waived (Attachment 1 to the Council report). The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15332 (“In-Fill Development”) and 15331 (“Historic Resource Restoration/Rehabilitation”). Attachment(s): Council Report ATT 1 - Resolution ATT 2 - Project Plans ATT 3 - Historic Resource Assessment Peer Review ATT 4 - Arborist Report ATT 5 - Transportation Demand Management Plan 6.2 HUD PRO Housing Grant Application and Establishment of the Acquisition/Preservation Subfund Recommendation(s): 1. Authorize staff to submit an application to the U.S. Department of Housing and City of Mountain View Page 5 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM Urban Development’s Pathways to Removing Obstacles to Housing Grant. 2. Adopt a Resolution of the City Council of the City of Mountain View Establishing the City of Mountain View Acquisition/Preservation Subfund in the Housing Fund, to be read in title only, further reading waived (Attachment 1 to the Council report). 3. Approve and Appropriate $4 million from the BMR In-Lieu Fees Subfund to the new Acquisition/Preservation Subfund. (Five votes required) 4. Increase appropriation of $4 million in the Housing Department in the Acquisition and Preservation Subfund for the purpose of implementing the acquisition/preservation program. (Five votes required) 5. If awarded, authorize the City Manager or designee to execute the agreement and any required forms with the U.S. Department of Housing and Urban Development. Upon execution of the grant agreement, authorize an increase in appropriation per the amount in the executed agreement, not to exceed $4 million, for the acquisition and preservation program in the Housing Department in the Acquisition/Preservation Subfund. (Five votes required) Attachment(s): Council Report ATT 1 - City of Mountain View HUD PRO Housing Draft Application ATT 2 - Resolution 7. UNFINISHED BUSINESS 7.1 Ordinance Amending Chapter 1, Article I, Section 1.2 of the Mountain View City Code Recommendation(s): Introduce an Ordinance of the City of Mountain View Amending Chapter 1, Article I, Section 1.2 of the Mountain View City Code to Modify the Definition of “Holiday” and Authorize City Staff to Return Directly to City Council with a Resolution Amending Section 8.05 of Council Policy D-7 Governing Holiday Leave for City Employees, to be read in title only, further reading waived, and set a second reading for October 22, 2024 (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Ordinance 8. NEW BUSINESS 8.1 Appointing Extra-Help Retired Annuitant Under Government Code Sections 7522.56 and 21224 Recommendation(s): Adopt a Resolution of the City Council of the City of Mountain View for an Exception to the 180-Day Wait Period, Government Code Sections 7522.56 and 21224, to be read in title only, further reading waived (Attachment 1 to the Council report). City of Mountain View Page 6 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM Attachment(s): Council Report ATT 1 - Resolution 9. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 10. CLOSED SESSION REPORT 11. ADJOURNMENT City of Mountain View Page 7 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 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. City of Mountain View Page 8 of 9 Printed on 10/3/2024 City Council AGENDA AND NOTICE TUESDAY, OCTOBER 8, 2024 - 5:15 PM 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 Printed on 10/3/2024