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City Council Minutes 03 16 1998 l l CITY OF MOUNTAIN VIEW CITY COUNCIL MINUTES JOINT MEETING OF THE CITY COUNCIL (REGULAR) AND THE MOUNTAIN VIEW SHORELINE REGIONAL PARK COMMUNITY (SPECIAL) MONDA Y, MARCH 16, 1998 6:30 P.M. - CLOSED SESSION 7:30 P.M. - OPEN SESSION 6:30 P.M.-CLOSED SESSION A. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION) At 6:30 p.m., an announcement was made by the City Attorney, who indicated the Council would now consider the items listed on the Closed Session agenda below. All Councilmembers present. B. CLOSED SESSION · Conference with Legal Counsel-Existing Litigation (S54956.9(c)) Name of Case: Wesley v. Kleitman, et aI., Case No. CV768689 The Closed Session concluded at 7:25 p.m. 7:30 P.M.-OPEN SESSION 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order at 7:38 p.m. with Mayor Faravelli presiding. 2. ROLL CALL PRESENT: Councilmembers Ambra, Figueroa, Kleitman, Noe, Stasek, Vice Mayor Zoglin and Mayor Faravelli. ABSENT: None. Regular Meeting - March 16, 1998 Page 1 2A. PRESENTATIONS Mayor Faravelli presented a proclamation to Pete De La Ossa, co-chair of the Mediation Program, proclaiming March 15, 1998 through March 21,1998 as Mediation Week. 3. MINUTES APPROVAL Motion: MIS Figueroa I Zoglin Carried 7-0 Approve the minutes of the Special Meetings of February 17, corrected to reflect that Mayor Faravelli and Councilmember Figueroa left the meeting at 8:00 p.m., and March 3, 1998 and the Adjourned Regular Meeting of February 24, 1998. l 4. CONSENT CALENDAR The reading of the full text of all ordinances and resolutions on the agenda was waived by unanimous consent of the Council. Motion: Approve. MIS Kleitman/Figueroa Carried 7-0 4.1 Resolution No. 16213 - RESOLUTION FOR RETIRING REVITALIZATION COMMITTEE MEMBER GAIL URBAN MOORE Adopt A RESOLUTION THANKING GAIL URBAN MOORE FOR MORE THAN 20 YEARS OF SERVICE ON THE DOWNTOWN REVITALIZA- TION COMMITTEE AND EXPRESSING BEST WISHES FOR HER RETIREMENT. l 4.2 Resolution No. 16214 - RESOLUTION OF APPRECIATION-LARRY BRICKEY'S SERVICE ON THE HUMAN RELATIONS COMMISSION Adopt A RESOLUTION EXPRESSING APPRECIATION TO LARRY BRICKEY FOR HIS DEDICATED SERVICE TO THE HUMAN RELATIONS COMMISSION and expressing good wishes to him in the future. Regular Meeting - March 16, 1998 Page 2 4.3 Resolution No. 16215 - STREET CLOSURE. SOUND AMPLIFI- CATION. FESTIVAL AREA DESIGNATION AND ANIMAL BAN FOR THE CHAMBER OF COMMERCE ART AND WINE FESTIVAL l 1. Adopt A RESOLUTION TO APPROVE THE CLOSURE OF CERTAIN STREETS IN THE DOWNTOWN AREA FROM 2:00 A.M. ON SATURDAY, SEPTEMBER 12,1998, TO 11:59 P.M. ON SUNDAY, SEPTEMBER 13, 1998, FOR THE CHAMBER OF COMMERCE ART AND WINE FESTIVAL. 2. Approve the operation of a sound amplification device by the applicant between 10:30 a.m. and 6:00 p.m., Saturday, September 12, 1998, and between 10:30 a.m. and 6:00 p.m., Sunday, September 13, 1998, within the festival area, under conditions as specified. 3. Approve a festival area designation for the area of street closure on Saturday, September 12, 1998, and Sunday, September 13, 1998. 4. Approve an animal ban within the festival area designation. 4.4 - SET PUBLIC HEARING DATE TO CONSIDER AN APPEAL OF A ZONING ADMINISTRA- TOR DECISION l Set date for a public hearing on March 31, 1998 to consider an appeal of the Zoning Administrator's approval of a Planned Unit Development and Site Plan and Architectural Review Permit to construct four detached single- family homes and a Heritage Tree Removal Permit to remove 12 Heritage trees at 245-262 Eunice Avenue. 4.5 - ANALYSIS OF FY 1997-98 MID-YEAR BUDGET STATUS. PRELIMINARY GENERAL FUND REVENUE FORECAST FOR FY 1998-99. AND FY 1996-97 CARRYOVER ALLOCATION RECOMMENDATIONS 1. Acknowledge and file the Fiscal Year 1997-98 mid-year budget status report and the preliminary Fiscal Year 1998-99 General Fund revenue forecast. Regular Meeting - March 16, 1998 Page 3 2. Approve allocation of Fiscal Year 1996-97 General Fund one-time revenues and carryover balance to various reserve funds (Exhibit 1). 4.6 - LANDELS PARK PLAYGROUND EOUIP- MENT. PROTECT 95-45; ACCEPTANCE OF CONSTRUCTION Accept Landels Park Playground Equipment, Project 95-45, and authorize final payment on the contract. l 4.7 - CHARLESTON SLOUGH TIDEGA TE STRUCTURE. PROTECT 89-31C; ACCEPTANCE OF CONSTRUCTION Accept Charleston Slough Tidegate Structure, Project 89-31C, and authorize final payment on the contract. 4.8 - MUNICIPAL OPERATIONS CENTER. PROTECT 93-22-A W ARD CONSTRUCTION CONTRACT AND APPROPRIATE FUNDING 1. Combine and transfer $600,000 from surplus fund balances in prior year Water, Wastewater, Asbestos Removal and Americans with Disabilities Act (Projects 89-28, 93-32, 94-03, 95-04, 95-05, 96-04, 96-05), as listed in Exhibit "A," to Municipal Operations Center Project 93-22 for a total new budget of $9,003,000. 2. Award the construction contract to the low bidder, John Plane Construction of Burlingame, for the low bid price of $1,518,797, including all Add Alternates, Al through A10, and approve a construction contingency of $152,000 for Phase I of the project, renovation and seismic retrofit of existing Buildings A, Band C. l 4.9 - OOWNTOWN PARKING. STREET AND STREETLIGHT IMPROVEMENTS. PROTECT 96-97-APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDDING Approve plans and specifications and authorize advertisement for bids of the downtown parking lot renovations, Bryant and Hope Street Regular Meeting - March 16, 1998 Page 4 4.10 j 4.11 4.12 4.13 l 4.14 Improvements, Villa and Dana Street sidewalk replacements, and downtown post-top streetlight installation. - CHARLESTON SLOUGH RESTORATION, PROTECT 89-31-AUTHORIZE AMEND- MENT TO ENGINEERING SERVICES CONTRACT Authorize the City Manager to execute a contract amendment with David Evans and Associates of San Jose for engineering services relating to Charleston Slough Restoration, Project 89-31, for a total fee increase not to exceed $22,900 and a new contract total of $125,850. - AWARDWATERMAINANDSERVICELINE REPLACEMENTS, PROTECT 96-19 Award the construction contract for Water Main and Service Line Replacements, Project 96-19, to Bay Pacific Pipelines, Inc. of Novato for the low bid price of $313,990. Pulled-Considered after consent agenda. - INSTALLATION OF SAND IOIL/W A TER SEPARATOR AT FIRE STATION 1, PROTECT 95-33-A W ARD CONSTRUCTION CONTRACT Award a construction contract for a sandloillwater separator for Fire Station 1, Project 95-33, in the amount of $43,600 to the lowest responsible bidder, Kuehne Construction of Sunnyvale, California, and approve the construction contingency of $3,348. - Burx;ET AND CONTRACT AMENDMENT FOR PLANNING SERVICES Appropriate $20,000 from the Operating Contingency Reserve for contract planning services and authorize the City Manager to execute a contract amendment with CH2M Hill for this additional amount. Regular Meeting - March 16, 1998 Page 5 ITEMS REMOVED FROM THE CONSENT AGENDA FOR CONSIDERATION 4.12 STEVENS CREEK TRAIL. REACH 4 (SEGMENT 1 )-AUTHORIZE DESIGN SERVICES CONTRACT Laura Brown, Mountain View, requested this item be removed from the consent agenda to state her concern that included in the contract with Mark Thomas & Company of San Jose is a conceptual plan for a tunnel under EI Camino Real. She said that at the last Council meeting relating to l Segment 1 of the Stevens Creek Trail, Reach 4, Council indicated that all work would stop at Yuba Drive. In response to a Councilmember's request for clarification regarding the inclusion of the conceptual plan, the Public Works Director (Acting) responded that approval of this contract does not mean that staff will be doing any detailed design, nor does it obligate the City to go beyond Yuba Drive. Powell Joyner, Mountain View, objected to a 16' wide clearing being called a trail and wildlife corridor, and he also questioned the lack of reference to a steelhead fishery which was mentioned in some of the earlier studies. Motion: MIS Figueroa/Kleitman Carried 7-0 Authorize the City Manager to execute a standard engineering design contract with Mark Thomas & Company of San Jose for design services relating to Segment 1 of Stevens Creek Trail, Reach 4, Project 97-24, for a total fee not to exceed $450,000, excluding approval of conceptual design for an underpass at EI Camino Real. l 5. PUBLIC HEARINGS 5.1 PLANNED COMMUNITY PERMIT TO CONSTRUCT A MIXED-USE RESIDENTIAL/COMMERCIAL DEVELOPMENT PROTECT- 2025 EL CAMINO REAL WEST The Zoning Administrator stated that the subject development as proposed is a mixed-use commercial! residential project consisting of 52 apartment units and approximately 8,160 square feet of commercial space located near the Los Altos I Mountain View border. He said that at its November 12, 1997 meeting on this project, Council raised questions regarding several Regular Meeting - March 16, 1998 Page 6 aspects of the development and that the applicant has addressed all of these issues and made revisions to answer Council's concerns. John Vidovich, the applicant, reviewed the modified design aspects of the project which he feels respond to the concerns of neighbors. l Ken Smith, Mountain View, spoke in support of the proposed project as revised and requested that the easement be taken back on a permanent basis. Terry Young, Mountain View, spoke in support of the proposed project as revised and requested that the access easement be vacated. Todd MacDonald, Mountain View, spoke in support of the proposed project. Fred Cerauskis, Mountain View, said he would like the access easement between the two properties permanently eliminated and spoke in support of the project as revised. Bob Michelet, Mountain View, expressed concern regarding the landscape buffers and the vagueness regarding the buffer on the southwest corner and also requested more specificity regarding the lighting plan. No one further wishing to speak, the public hearing was closed. l Motion: MIS Figueroa/Kleitman FAILED 3-4; Faravelli, Noe, Stasek, Zoglin no Add a condition of approval that requires permanently eliminating an existing access easement from this property to the adjacent residential neighborhood. One Councilmember said she disagrees with vacating the easement because this action would preclude the City from addressing future neighborhood concerns. Another Councilmember said she could not support vacating the easement because she believes that walling off this complex and making it an enclave that will not be a part of the neighborhood demonstrates a community value that she cannot support. And this action would make that permanent. Regular Meeting - March 16, 1998 Page 7 Another Councilmember said she concurred with the previous Councilmembers' comments and she questioned the procedure if, in the future, someone should want to have some kind of gate or connection there. The Zoning Administrator responded that because the area is designated as public access area, the property owner of the commercial property would have the right to open a hole in the wall and people could have access to a public right-of-way. He said that in order to do that, an amendment to this project would be required which would go to the Zoning Administrator. The City Attorney added that in this case, the Council would be creating a Council-imposed condition about access. So in addition to the Zoning Administrator, the amendment would have to go to Council. l One Councilmember said that if the easement were vacated, any future changes would have to go to Council, thus ensuring more safeguards for good community process. Another Councilmember responded that there is a safeguard mechanism even if the easement is vacated because any future openings in the wall would have to be approved by the Zoning Administrator. One Councilmember questioned the procedure for putting in a gate at some future date if the easement was vacated. The City Attorney responded that the owners would have to come in and apply for a modification to their Planned Community Permit and ask Council to give them the right to put in a gate on the existing easement. Resolution No. 16216 MIS Figueroa/Kleitman Carried 7-0 l Grant a Mitigated Negative Declaration of Environmental Impact in accordance with the California Environmental Quality Act (CEQA), and adopt A RESOLUTION APPROVING A PLANNED COMMUNITY PERMIT FOR A MIXED-USE COMMERCIAL I RESIDENTIAL PROJECT AND HERITAGE TREE REMOVAL OF TWO TREES AT 2025 EL CAMINO REAL WEST, to be read in title only, further reading waived, and adding an additional condition that the developer agree to participate in the left-turn lane should the traffic studies warrant it. Regular Meeting - March 16, 1998 Page 8 5.2 FIRST PUBLIC HEARING REGARDING THE CITY'S FISCAL YEAR 1998-99 CDBG /HOME PROGRAMS AND GENERAL FUND SUPPORT OF NONPROFIT AGENCIES l The Senior Planner stated that the purpose of tonight's meeting is to hold the first of two required public hearings, in accordance with Federal regula- tions, on the Community Development Block Grant (CDBG) and HOME Investment Partner Programs. She said that for the upcoming fiscal year, it is expected that there will be a budget of approximately $1,000,000 in CDBG and $415,000 in HOME funds. There are 15 public service agencies request- ing funding in the amount of approximately $202,000 and the maximum allowed by Federal regulations is expected to be $133,000. She said that there are nine capital projects requesting funding of approximately $2,500,000, with approximately $1,000,000 available in both CDBG and HOME funds for these projects. Additionally, she said, there are eight public service agencies currently being funded from the City's General Fund for a total of $121,735, and these agencies are requesting a total of $172,105. She also advised Council that the Mid-Peninsula Housing Coalition's Central Park Apartments complex for seniors is at risk of being converted to market-rate housing, and Mid-Peninsula is proposing to purchase the property to preserve it as affordable housing. One Councilmember questioned maintenance of the units if the City invests funds and they are purchased. He asked whether Council could earmark funds for maintenance and management programs at the site. l Another Councilmember, referring to the project charts, asked staff to prepare a chart showing which projects are eligible for CDBG and which projects qualify for HOME funds, what the total requests are and what the total available is. Another Councilmember, referring to Exhibit A, which lists amounts funded and starts with the year 1997-98, asked for another column that shows funds received in 1996-97 so Council can know whether or not they received what they requested or whether they have been increased or decreased in any way. The public hearing was opened, and no one wishing to speak, the public hearing was closed. Regular Meeting - March 16, 1998 Page 9 Motion: MIS Stasek/Zoglin Carried 7-0 Set Apri121, 1998 for the second public hearing regarding the City's Fiscal Year 1998-99 CDBGIHOME Programs and General Fund support of nonprofit agencies. COUNCIL RECESSED FROM 8:55 P.M. TO 9:10 P.M. 5.3 V ACA nON OF EASEMENTS LOCATED AT 2550 CALIFORNIA STREET The Public Works Director (Acting) stated that in February, Council adopted a Resolution of Intention to abandon several public utility and ingress and egress easements within the New Mill residential development which are no longer necessary. l The public hearing was opened, and no one wishing to speak, the public hearing was closed. Resolution No. 16217 MIS Stasek/Noe Carried 7-0 Adopt A RESOLUTION ORDERING THE V ACA nON OF A PUBLIC INGRESS AND EGRESS EASEMENT AND VARIOUS OTHER PUBLIC UTILITY EASEMENTS LOCATED AT 2550 CALIFORNIA STREET. 6. ORAL COMMUNICATIONS FROM THE PUBLIC 6.1 WORDS OF THANKS Raquel McJones, Mountain View, thanked Council for installing traffic circles and speed bumps on View Street, which has helped in slowing down traffic. l 6.2 WORDS OF THANKS Carol Carges, Mountain View, thanked Council, the Transportation and Traffic Committee and staff for the traffic circles and speed bumps on View Street because they help slow down traffic not only on View Street but also on the stretch of Church Street that surrounds it. Regular Meeting - March 16, 1998 Page 10 r l 6.3 LEFT-TURN LANES Jerry David, Mountain View, spoke regarding the new green light,left-turn lanes in the downtown area and said that left-turn lanes are also needed at Evelyn Avenue and Castro Street and at San Antonio Road and California Street. 6.4 TREE REMOVAL ON PRIVATE PROPERTY Zada Hordin, Mountain View, expressed concern that the City has turned down her request to remove a redwood tree on her property which she planted to make room for a swimming pool. 7. NEW BUSINESS 7.1 RECOMMENDATIONS OF THE CITY COUNCIL/DOWNTOWN REVITALIZA TION AD HOC COMMITTEE The Senior Planner reviewed the City Council/Downtown Revitalization Ad Hoc Committee's recommendations to create a new Downtown Committee, including the makeup and key goals of the new Committee. Laura Stefanski, Menlo Park, clarified comments of Mr. Whitehead that the Mountain View-Los Altos High School District wished to remain on the Downtown Revitalization Committee in addition to the Mountain View Elementary School District, rather than in place of the Elementary School District. Astrid Thompson, representing the Revitalization Committee, said that the Committee views the creation of the new Committee as a positive step. However, she said, some issues need to be solved, including the issue of whether or not to have a Councilmember on the Committee; parking district membership; number of meetings; and the time-consuming, decision-making process. Bill Maston, Chair of the Parking Committee, spoke in favor of creation of the new Committee but asked that it be referred back to a study session with the Ad Hoc Committee for review. Council also received a letter from Mr. Maston. Pete Kolstad, Mountain View, member of the Parking Committee, spoke in support of the proposed new Committee but said he feels there are some Regular Meeting - March 16,1998 Page 11 details in the report that need to be ironed out, including who recommends how the Parking District funds get spent and the fact that in the organiza- tion chart, the Parking Committee which now recommends directly to the City Council becomes effectively a subcommittee reporting through another layer. Council also received a letter from Mr. Kolstad. Bob Kirby, member of the Revitalization Committee, spoke in support of the proposed new Committee and having a Councilmember on the Committee. Tim Sandis, Revitalization Committee and Ad Hoc Committee member, said he would personally like to see some flexibility in terms of a lot of ongoing work of the Parking Committee not having to be viewed by the Committee as a whole and regarding staff time needed. l Motion: MIS Kleitmanl Ambra Carried 7-0 Approve the City Council/Downtown Revitalization Ad Hoc Committee recommendation that the City Council initiate creation of a new 15-member Downtown Committee that combines the functions of the Downtown Revitalization Committee and Downtown Parking Committee. One Councilmember said she is still concerned about having Council representation on the new Downtown Committee because of the expecta- tion that the Downtown Committee may have of what the Council repre- sentative's responsibility will be to bring back information to Council. She said she has not yet grasped the full concept of why the Ad Hoc Committee feels that the Downtown Committee is so very different from all the other Committees and Commissions that the Council has in the City that it needs this unique aspect of having a Councilmember be a representative on the l Committee. Motion: MIS FigueroalStasek Carried 7-0 Refer the study session issues to the Ad Hoc Committee and the study session issues also be reviewed by the Downtown Revitalization Committee and the Downtown Parking Committee, and that their comments be referred back to the Ad Hoc Committee and the Ad Hoc Committee return to Council with proposed bylaws for the new Downtown Committee. Another Councilmember said that she, too, is concerned regarding the Council representative. She said that if the decision is that Council liaison is Regular Meeting - March 16, 1998 Page 12 important to that Committee, she would want it to be very clear that the person would not be a voting member and she said she would not support the Councilmember being part of the Executive Committee. I Another Councilmember said he would be interested in what the benefits would be to the community as a whole to have a Council representative on the Committee. He said he would like some options brought back on the Councilmember, including only having a Council representative for a limited time, for instance one or two years. Another Councilmember said she would like the Ad Hoc Committee to discuss with the two groups the reason that Council is being advised that Council representation is something that is necessary because of the perspective that there is a lack of communication, a lack of information being passed on. 7.2 COSPONSORSIDP OF AMPHITHEATRE EVENTS-ANNUAL REVIEW The Shoreline Manager presented the annual review of the cosponsorship events with the Amphitheatre and the Fourth of July fireworks and symphony concert and the New Orleans By The Bay events. Danny Scher, representing Bill Graham Presents, responded to questions of Council regarding the request for additional funds and to limit the ticket sales and to reduce the discount to Mountain View citizens. l One Councilmember expressed his concern regarding changing the system for purchase of tickets to the Fourth of July show to require a redeemable coupon which will be printed in The View. The Assistant to the City Manager responded that staff will make available at City Hall and in the Mountain View Voice additional coupons for use by Mountain View citizens. Motion: MIS StaseklZoglin Carried 7-0 Continue cosponsorship in 1998 of the events with an increase of $5,000 (total of $70,000) for the Fourth of July and a $4,000 increase (total of $25,000) for the New Orleans By The Bay events, and support documenta- tion being provided by BGP for future requests for increased cosponsorship, with the additional direction that staff make available at City Hall and in Regular Meeting - March 16, 1998 Page 13 Mountain View Voice coupons for use in purchasing tickets to the Fourth of July event. Motion: MIS StaseklZoglin Carried 6-1; Kleitman no Approve the recommendation of the Parks and Recreation Commission that for the Fourth of July show,limit ticket sales to six per family and that a redeemable coupon printed in The View be used to purchase tickets. Motion: MIS Stasek/Zoglin l Carried 7-0 Acting as the Shoreline Regional Park Community Board of Directors, approve a transfer of $4,000 from Fund 258-Shoreline Regional Park Community to Index 230011 be authorized as a midyear adjustment for the New Orleans By The Bay show and approve the minutes of the Special Meeting of the Board of Directors of the Shoreline Regional Park Community of February 24, 1998. 7.3 APPROVE AMENDMENT NO.6 TO THE REGIONAL WATER OUALITY CONTROL PLANT PARTNERS BASIC AGREEMENT The Public Services Director gave a brief presentation regarding problems which have arisen with regard to reliability of incinerators at the waste- water treatment plant. She said it is now being proposed that the two incinerators be rehabilitated, with the cost to be financed through the issuance of bonds. She said that Mountain View's share of the bonds would be about $208,000 a year for 20 years, the term of the bond. Motion: MIS Figueroa/Zoglin Carried 7-0 l Authorize the City Manager to execute Amendment No.6 to the Regional Water Quality Control Plant (RWQCP) Partners Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos. 8. COUNCIL/STAFF COMMENTS, OUESTIONS, COMMITTEE REPORTS-None. 9. CLOSED SESSION REPORT The City Attorney announced that in a Superior Court lawsuit filed by Gary Wesley alleging that certain aspects of a closed session held by the Council in March 1997 violated the Brown Act, the court recently ruled that Councilmembers should answer five written questions posed by plaintiff that to some extent may Regular Meeting - March 16, 1998 Page 14 I l conflict with the closed session privilege provided to the Council by the Ralph M. Brown Act. The Council has directed legal counsel to seek appellate review of that ruling because of the importance of the privilege and the possibility that this lower court ruling could affect that privilege in some manner. 10. ADTOURNMENT The Council adjourned at 10:45 p.m. to the Adjourned Regular Meeting of Tuesday, March 31,1998, at 7:30 p.m. in the Council Chambers at City Hall, 500 Castro Street. 10A. Resolutions enacted at this meeting are on file in the Office of the City Clerk. ATTEST: APPROVED: ~ - ~6-'<&' LPH LI - MAYOR ANGELITAM. SALVADOR DEPUTY CITY CLERK AMS/8/CLK 402-03-16-98mn^ Regular Meeting - March 16, 1998 Page 15