CITY COUNCIL AGENDA AND NOTICE
CITY OF MOUNTAIN VIEW TUESDAY, SEPTEMBER 26, 2023 - 6:00 PM COUNCIL CHAMBERS AND VIDEO CONFERENCE, 500
CASTRO ST., MOUNTAIN VIEW, CA 94041
Alison Hicks, Mayor
Pat Showalter, Vice Mayor
Margaret Abe-Koga, Councilmember
Ellen Kamei, Councilmember
Lisa Matichak, Councilmember
Lucas Ramirez, Councilmember
Emily Ann Ramos, Councilmember
Kimbra McCarthy, City Manager
Jennifer Logue, City Attorney
Heather Glaser, City Clerk
Council Chambers and Video Conference, 500 Castro
St., Mountain View, CA 94041
Tuesday, September 26, 20236:00 PM
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. 6:00 P.M.-CLOSED SESSION
1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION)
2. CLOSED SESSION (PLAZA CONFERENCE ROOM)
2.1 Conference with Legal Counsel-Existing Litigation (Government Code §54956.9(d)(1)); Name of case: Gulay Mehbalyeva v. City of Mountain View; et. al., Santa Clara County Superior Court, Case No. 23-CV-418256
2.2 Conference with Legal Counsel-Existing Litigation (Government Code §54956.9(d)(1)); Name of case: Ella Kobzanets v. City of Mountain View; et. al., Santa Clara County Superior Court, Case No. 23-CV-420311
2.3 Conference with Legal Counsel-Liability Claims (Government Code §54956.9(d)(2),(e)(3)); Claimant:
Manuel Garcia against the City of Mountain View
6:30 P.M.-REGULAR SESSION
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PRESENTATION
This is a presentation only. The City Council will not take any action.
3.1 Arts & Humanities Month Proclamation
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 City of Mountain View Page 1 of 6 Printed on 9/21/2023
TUESDAY, SEPTEMBER 26, 2023 - 6:00 PMCity Council AGENDA AND NOTICE Councilmember requests otherwise.
4.1 Firearm Safety Ordinances (Second Reading)
1. Adopt an Ordinance of the City of Mountain View Amending Chapter 18 of the Mountain View City Code to Add Article II “Firearm Dealers” to Impose Local Permit Requirements on Firearm Dealers Operating Within the City of Mountain View, to be read in title only, further reading waived (Attachment 1 to the Council report). (First reading: 6 ayes, 0 nays, 1 absent)
2. Adopt an Ordinance of the City of Mountain View Amending Chapter 36, Zoning, of the Mountain View City Code to Add Firearms and Ammunition Retailing as a Prohibited Home Occupation Use, to be read in title only, further reading waived (Attachment 2 to the Council report). (First reading: 6 ayes, 0 nays, 1 absent) Recommendation(s):
Council Report
ATT 1 - Ordinance Amending Chapter 18
ATT 2 - Ordinance Amending Chapter 36
Attachment(s):
4.2 Shoreline Lake Improvements, Project 20-36, and Intersection Traffic Signal System Major Replacements and Upgrades (Shoreline Boulevard and Villa Street), Project 16-27-Construction Acceptance
1. Accept Shoreline Lake Improvements, Project 20-36, and authorize the final contract payment.
2. Accept Intersection Traffic Signal System Major Replacements and Upgrades (Shoreline Boulevard and Villa Street), Project 16-27, and authorize the final contract payment.
Recommendation(s):
Council ReportAttachment(s):
4.3 SB-1 Streets, Projects 22-03 and 23-03-Professional Services Agreement Authorize the City Manager or designee to execute a professional services agreement with BKF Engineers, a California corporation, to provide design and construction support services for SB-1 Streets, Projects 22-03 and 23-03, in a not-to-exceed amount of $435,710.
Recommendation(s):
Council ReportAttachment(s):
4.4 Construction Engineering Services, Tanner Pacific Inc.-Professional Services Agreement Authorize the City Manager or designee to amend the existing professional services agreement with Tanner Pacific, Inc., for an additional $300,000 to provide construction engineering services in a not-to-exceed amount of $400,000.
Recommendation(s):
Council ReportAttachment(s):
4.5 982 Bonita Avenue; 349 Martens Avenue; and 900 and 1001 Alta Avenue-Public Improvements City of Mountain View Page 2 of 6 Printed on 9/21/2023
TUESDAY, SEPTEMBER 26, 2023 - 6:00 PMCity Council AGENDA AND NOTICE
1. Accept the public improvements for the development at 982 Bonita Avenue for maintenance throughout their useful life.
2. Accept the public improvements for the development at 349 Martens Avenue for maintenance throughout their useful life.
3. Accept the public improvements for the development at 900 and 1001 Alta Avenue for maintenance throughout their useful life.
Recommendation(s):
Council ReportAttachment(s):
4.6 Fiscal Year 2022-23 Annual Compliance Report for In-Lieu Parking Fees Make available to the public the Fiscal Year 2022-23 Annual Compliance Report for In-Lieu Parking Fees and place the report on the agenda for the October 24, 2023 City Council meeting.
Recommendation(s):
Council Report
ATT 1 - FY 22-23 Annual Compliance Report for In-Lieu Parking Fees Attachment(s):
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. STUDY SESSION
6.1 Draft Economic Vitality Strategy
The purpose of this Study Session is for the City Council to provide direction to staff on the Economic Vitality Strategy, including goals and strategies to further support the small business community.
Recommendation(s):
Study Session Memo
ATT 1 - Draft Economic Vitality Strategy
ATT 2 - Landscape Assessment
Attachment(s):
7. PUBLIC HEARING - None.
8. NEW BUSINESS
8.1 Selection of Preferred and Alternate Development Teams for 87 East Evelyn Avenue Affordable Housing Project
That Council:Recommendation(s):
City of Mountain View Page 3 of 6 Printed on 9/21/2023
TUESDAY, SEPTEMBER 26, 2023 - 6:00 PMCity Council AGENDA AND NOTICE
1. Select Affirmed Housing as the preferred development team for the 87 East Evelyn Avenue affordable housing residential development.
2. Authorize the City Manager or designee to negotiate and execute an Exclusive Right to Negotiate Agreement (ERNA) with the selected development team and commence the negotiation process for the lease disposition, development, and loan agreement (LDDLA) and ground lease for the 87 East Evelyn Avenue site.
3. Authorize the City Manager or designee to execute an amendment to the ERNA to extend the initial 90-day term for an additional 90 days if negotiations are not completed in the initial term but are progressing.
4. If, after selection of Affirmed Housing as the preferred development team, the City and Affirmed Housing are unable to come to an agreement, authorize with the City Manager or designee to enter into an ERNA and commence negotiations with Charities Housing as the alternate development team.
5. Adopt a Resolution of the City Council of the City of Mountain View Declaring the City-Owned Site at 87 East Evelyn Avenue to be Exempt Surplus Land Pursuant to the Surplus Land Act, to be read in title only, further reading waived (Attachment 1 to the Council report).
Council Report
ATT 1 - Resolution
ATT 2 - May 10, 2022 Council Study Session Report
ATT 3 - Request for Proposals
Attachment(s):
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 4 of 6 Printed on 9/21/2023
TUESDAY, SEPTEMBER 26, 2023 - 6:00 PMCity Council AGENDA AND NOTICE 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 [email protected] 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 [email protected] 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 [email protected] 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 [email protected] 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 5 of 6 Printed on 9/21/2023
TUESDAY, SEPTEMBER 26, 2023 - 6:00 PMCity Council AGENDA AND NOTICE 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 [email protected]
La interpretación en ruso, español o mandarín está disponible a través de Zoom si se solicita. Comuníquese con la Oficina de la Secretaría Municipal antes de las 5:00 p. m. con al menos dos días hábiles antes del día en que l a reunión del concejo está programada. Comuníquese por teléfono al (650) 903 - 6399 o por correo electrónico a [email protected]
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 [email protected]
По запросу предоставляется перевод на русский, испанский и китайский языки через Zoom. Обращайтесь в офис городского секретар я до
17.00 не позже, чем за два рабо чих дня до даты заседания совета. Звоните по телефону (650) 903 - 6399 или пишите по электронной почте [email protected]
City of Mountain View Page 6 of 6 Printed on 9/21/2023