HomeMy WebLinkAboutResolution 18421 Calling for the Holding of General Municipal Election on Nov. 3, 2020 Related to Oversized Vehicle Parking on Narrow StreetsCITY OF MOUNTAIN VIEW
RESOLUTION NO. 18421
SERIES 2020
A RESOLUTION CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 3, 2020 AND REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SANTA CLARA TO CONSOLIDATE THE
MUNICIPAL ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION TO BE
HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ORDINANCE
AMENDING ARTICLES I AND VIII OF CHAPTER 19 OF THE MOUNTAIN VIEW
CITY CODE RELATED TO OVERSIZED VEHICLE PARKING ON NARROW
STREETS, AND RELATED ACTIONS
WHEREAS, on October 22, 2019, the City Council of the City of Mountain View
adopted Ordinance No. 15.19 Amending Articles I and VIII of Chapter 19 of the
Mountain View City Code Related to Oversized Vehicle Parking on Narrow Streets; and
WHEREAS, pursuant to Elections Code Section 9237, a petition signed by more
than 10 percent of the registered voters of the City of Mountain View protesting
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Ordinance No. 15.19 was filed with the City Clerk on November 22, 2019; and
WHEREAS, the Santa Clara County Registrar of Voters Office verified that the
petition was signed by the requisite number of voters, and the City Clerk has so
certified; and
WHEREAS, pursuant to Elections Code Section 9241, the City Council must either
repeal the ordinance or submit the ordinance to the voters, either at the next regular
municipal election or at a special election called for the purpose; and
WHEREAS, the City Council has not voted in favor of the repeal of the ordinance;
and
WHEREAS, the City Council is authorized and directed by statute to submit the
ordinance to the voters; and
WHEREAS, pursuant to City of Mountain View Charter Section 1300, such election
is considered a general municipal election; and
a. WHEREAS, the City Council desires to submit Ordinance No. 15.19 to the voters at
the general municipal election on November 3, 2020;
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NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of
Mountain View as follows:
Section 1. Proposed Measure. The City Council of the City of Mountain View
hereby calls a General Municipal Election to be held on Tuesday, November 3, 2020 for
the purpose of submitting to the qualified electors of the City of Mountain View the
following measure:
Shall City of Mountain View Ordinance No. 15.19, which prohibits
parking of oversized vehicles (such as recreational vehicles, boats and YES
large trucks) except wheelchair -accessible vans with a valid disabled
placard and those exempted for short duration activities (such as
loading and unloading, and emergency vehicles) on narrow streets 40 NO
feet or less in width, be adopted?
Section 2. Submission of Text. The City Council does hereby submit the text of the
measure attached hereto as Exhibit A.
Section 3. Vote Requirement. The vote requirement for the measure to pass is a
majority (50 percent + 1) of the votes cast.
Li Section 4. Form of Ballot. The ballots to be used at the election shall be in the form
and content as required by law.
Section 5. Polls Open. The polls shall be open at 7:00 a.m. of the day of the
election and shall remain open continuously from that time until 8:00 p.m. of the same
day when the polls shall be closed, pursuant to Election Code Section 10242, except as
provided in Section 14401 of the Elections Code of the State of California.
Section 6. Publication. The City Clerk of the City of Mountain View is hereby
ordered and directed to cause the notice of said election to be published in accordance
with the provisions of the California Elections Code. The notice of the General
Municipal Election provided for herein shall be published in a newspaper of general
circulation within the City of Mountain View.
Section 7. Consolidation with Presidential General Election. Pursuant to the
requirements of Section 10403 of the Elections Code, the Board of Supervisors of the
County of Santa Clara is hereby requested to order the General Municipal Election to be
held on Tuesday, November 3, 2020, and to consolidate the election with the
Presidential Primary Election. The consolidated election will be held and conducted in
the manner prescribed by Elections Code Section 10418.
E,
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The Board of Supervisors of the County of Santa Clara is further requested to
order the County Registrar of Voters to: (1) prepare the City's election materials and
take all other necessary actions for the holding of the consolidated election; and (2)
provide vote -by -mail ballot to voters for said election for use of the qualified electors of
the City of Mountain View who are entitled thereto, in the manner provided by law.
Section 8. Canvassing. The Board of Supervisors of the County of Santa Clara is
hereby further authorized and requested to canvass or cause to be canvassed, as
provided by law, returns of said General Municipal Election and to certify such canvass
of the votes cast for the measure.
Section 9. Agreement with the County. The City Clerk is hereby authorized to
enter into an agreement with the County of Santa Clara to procure and furnish any and
all official ballots, notices, printed matter and all supplies, equipment, and
paraphernalia that may be necessary in order to properly and lawfully conduct said
General Municipal Election to be held on Tuesday, November 3, 2020, and for the
reimbursement of the County in full for the services performed.
Section 10. Text of Proposed Measure. Pursuant to Elections Code Section 9223,
the full text of the measure shall be printed in Voter Information Guide.
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Section 11. Reimbursement. The City of Mountain View recognizes that costs will
LJ be incurred by the County and agrees to reimburse the County for such costs.
Section 12. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 13. The City Clerk is hereby directed to file a certified copy of this
resolution with the County of Santa Clara Board of Supervisors and the County of Santa
Clara Registrar of Voters.
Section 14. Schedule. Upon the advice of the City Clerk, and in accordance with
Elections Code Section 9286, the City Council sets the following schedule for the ballot
measure argument deadlines:
Argument Deadline: July 23, 2020
Rebuttal Argument Deadline: July 30, 2020
City Attorney's Impartial Analysis: July 30, 2020
Section 15. Environmental Determination. The City Council finds that adoption of
this resolution is exempt from the California Environmental Quality Act (CEQA) under
California Code of Regulations, Title 14, Section 15061(b)(3) because it can be seen with
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certainty that there is no possibility that the adoption of this resolution may have a
significant effect on the environment, in that the resolution calls for an election to
consider the adoption of an ordinance. Adoption of the ordinance would provide
limitations on the use of public streets for parking, and is, therefore, categorically
exempt from environmental review pursuant to the CEQA Guidelines, Section 15301,
concerning the operation or minor alteration of existing public facilities involving
negligible or no expansion of use and Section 15061(b)(3) because it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment. The City considered the potential exceptions to the
categorical exemptions pursuant to Section 15300.2 and concluded they are not
applicable. The regulation of on -street oversized vehicle parking to generally prohibit
oversized vehicle parking and address public health and safety considerations does not
impose a significant cumulative impact over time but would reduce the parking of such
vehicles on City streets; is not an unusual circumstance for a modern city, particularly
one in the highly dense Bay Area; does not impact scenic or historical resources; and
does not entail hazardous sites as it relates to on -street parking.
The foregoing Resolution was regularly introduced and adopted at a Regular
Meeting of the City Council of the City of Mountain View, duly held on the 14th day of
January 2020, by the following vote:
AYES: Councilmembers Clark, Hicks, Matichak, McAlister, Ramirez, Vice
Mayor Kamei, and Mayor Abe-Koga
NOES: None
ABSENT: None
ATTEST: APPROVED:
AW
05kNA'TUSCH
CITY CLERK
L
LN/ 5/ RESO
428-01-14-20r-2
Exhibit: A. Measure Text
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AR T ABE-ISO A
YOR i
s°
I do hereby certify that the foregoing Resolution was
passed and adopted by the City Council of the City of
Mountain View at a Regular Meeting held on the 14th
day of January 2020, by the foregoing vote.
Clerk
City of Mountain View
Exhibit A
ORDINANCE NO. 15.19
AN ORDINANCE AMENDING ARTICLES I AND VIII
OF CHAPTER 19 Or THE MOUNTAIN VIEW CITY CODE
RELATED TO OVERSIZED VEHICLE PARKING ON NARROW STREETS
WHEREAS, the public roadways of Mountain View are frequently used to
regularly or routinely park or store oversized vehicles used for work purposes or for
human recreation and habitation, including recreational vehicles, campers, trailers,
motorhomes, and boats; and
WHEREAS, the regular or routine parking and/or storage of oversized vehicles on
the City's narrow roadways can pose traffic safety concerns because the size of the
vehicles on narrow roadways encroach into the vehicle lane of travel, thereby increasing
the risk of collisions involving bicycles and vehicles; and
WHEREAS, narrow streets typically have more properties and driveways spaced
closer together, which could create greater visibility concerns with the presence of
oversized vehicles; and
WHEREAS, the City Council finds that restricting the parking of oversized
vehicles on narrow roadways will promote the safety of public roadways for motorists
and bicyclists by eliminating such impediments in the lane of travel; and
WHEREAS, the regular or routine parking and/or storage of oversized vehicles on
City roadways reduces the effective ingress and egress of emergency and critical service
vehicles; and
WHEREAS, California Vehicle Code Section 22507 authorizes a city to "prohibit or
restrict the stopping, parking, or standing of vehicles ... on certain streets or highways,
or portions thereof, during all or certain hours of the day." This provision permits a
city to prohibit or restrict the parking of oversized vehicles, including recreational
vehicles, on some or all streets of a city Frith appropriate signage;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 19, Article 1, Section 19.1 of the Mountain View Citv Code is
hereby amended by adding the following definition:
"Oversized vehicle. Any vehicle, as defined by California Vehicle Code Sec. 670, or
combination of vehicles, which exceed twenty-two (22) feet in Length, or seven (7) feet in
width, or seven (7) feet in height, exclusive of projecting lights or devices allowed by
Sec. 35109 and Sec. 35110 of the California Vehicle Code, but including any load in or on
a vehicle which effectively causes the vehicle's length, width or height to exceed the
standards in this section."
Section 2. Chapter 19, Article VIII, Division 3, Section 19.79.4 of the Mountain
View City Code is hereby added to read as follows:
"SEC. 19.79.4. - Parking of oversized vehicles on certain narrow streets prohibited.
a. No person shah park any oversized vehicle on narrow streets less than or
equal to forty (40) feet in width, or portions thereof, as set forth by resolution of the city
council.
b. Exemptions. Subsection (a) above shall not apply to any of the following:
1. Any oversized vehicle actively engaged in the loading or unloading of
materials, supplies or goods in the delivery of goods, wares, merchandise or other
materials at an adjacent business or residence for no longer than sixty (60) minutes,
2. Construction vehicles with a valid City of Mountain View -issued
excavation or encroachment permit;
3. Commercial loading zones;
4. Any vehicle belonging to or under contract with federal, state or local
government authorities, or a public utility, and any emergency vehicles as defined by
} California Vehicle Code Sec. 165;
a
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5. Any commercial, business or public transit bus or commuter shuttle for
no longer than two (2) hours, and any bus in an area specifically posted to allow bus
parking for a prescribed time; and
6. Wheelchair -accessible vans with a valid disabled placard or license plate
issued and properly displayed pursuant to the California Vehicle Code.
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j C. This section shall not be enforced until a resolution is adopted prohibiting
parking of oversized vehicles on specified streets, or portion thereof, less than forty (40)
feet wide.
d. Signage. The public works director shall place signs or markings giving
adequate notice of the restriction. This section shall not be enforced until such signage
has been installed.
e. Penalties. In addition to the penalties for parking violations set forth :in this
Chapter, vehicles parked in violation of this section shall be subject to removal from the
public right-of-way at the registered owner's expense. The registered owner of the
vehicle shall be liable for the cost of all towing and storage fees. Signs shall be posted
giving notice of the removal of vehicles parked in violation of this section."
Section 3. Effective Date. The provisions of this ordinance shall be effective June
30, 2020.
Section 4. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be unconstitutional, such decision shall not affect the validity of
the other remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional.
Section 5. Pursuant to Section 522 of the Mountain View City Charter, it is ordered
that copies of the foregoing proposed ordinance be posted at least two (2) days prior to
its adoption in three (3) prominent places in the City and that a single publication be
made to the official newspaper of the City of a notice setting forth the title of the
ordinance, the date of its introduction, and a list of the places where copies of the
proposed ordinance are posted.
1 Section 6. Adoption of this ordinance would provide limitations on the use of
public streets for parking, and is, therefore, categorically exempt from environmental
review pursuant to the CEQA Guidelines, Section 15301, concerning the operation or
minor alteration of existing public facilities involving negligible or no expansion of use
and Section 15061(b)(3) because it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment. The City
considered the potential exceptions to the categorical exemptions pursuant to Section
15300.2 and concluded they are not applicable. The regulation of on -street oversized
vehicle parking to generally prohibit oversized vehicle parking and address public
{ health and safety considerations does not impose a significant cumulative impact over
time but would reduce the parking of such vehicles on City streets; is not an unusual
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circumstarnce for a modern city, particularly one in the highly dense Bay Area; does not
impact scenic or historical resources; and does not entail hazardous sites as it relates to
on -street parking.
The foregoing ordinance was regularly introduced at the Regular Meeting of the
City Council of the City of Mouritain View, duly held on the 24th day of September
2019, and thereafter adopted at the Regular Meeting of said Council, duly held on the
22nd day of October 2019, by the following roll call vote:
AYES: Councibneznbers Kamei, McAlister, Vice Mayor Abe-Koga, and
Mayor Matichak
NOES: Councilmembers Clark, Hicks, and Ramirez
ABSENT: None
NOT VOTING: None
ATTEST: APPROVED:
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Li97A NATUSCH
CITY CLERK
Date of Attestation: `,�)2-? 12-ol y
PDC/ 5/ORD/ 015-09-24-190-3
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�ry c, W--,cf
LAA MATICIiAK
MAYOR
I do hereby certify that the foregoing ordinance was
passed and adopted by the City Council of the City of
Mountain Vieux at a Regular Meeting held on the
22nd day of October 2019, by the foregoing vote, and
was published in the San Jose Post Record by reference
on the 10th day of October ?01% and Posted in three
prominent places in said City.
i Clerk
City of Mountain View