July 23, 2019 Joint Meeting of Mountain View City Council and Shoreline Regional Park Community

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Transcript

[00:00:00] (archive recording) Mayor Lisa Matichak: Waiting to order, and we will start with a pledge of allegiance.

[00:00:10] (archive recording) Unknown Speaker: United States of America, and to the Republic, from which it stands, one nation, underground, individual, with liberty, and justice, from all.

[00:00:25] (archive recording) Mayor Lisa Matichak: Our city clerk will announce attendance.

[00:00:28] (archive recording) City Clerk: Council member McAllister is absent. I believe Council member Hicks is on her way, and all other council members are present.

[00:00:34] (archive recording) Mayor Lisa Matichak: Thank you. Next is the consent calendar. These items will be approved by one motion unless any member of the council or the audience wishes to remove the item for discussion. Are there any items that a council member would like to pull? Are there any items that any members of the public would like to pull? Okay, seeing none. A motion would be in order. We have one from Council member Clark? Are you just moving the, uh, consent?

[00:01:13] (archive recording) Councilmember Chris Clark: Yes, I moved the consent calendar.

[00:01:14] (archive recording) Mayor Lisa Matichak: Thank you. So we have a motion by Council member Clark, and a second by Vice Mayor Abbe Koga. And we can vote. That passes unanimously with council member McAllister absent. Okay, next is, uh, item five, oral communications. This portion of the meeting is reserved for a person's wishing to address the council on any matter that is not on the agenda. Speakers are allowed to speak on any topic for up to three minutes during this section, and state law prohibits the council from acting on non agenda items. Are there any members of the public that wish to address the council on any item that is not on the agenda? Come on up, and if you could be sure to fill out a blue card either before or after you speak, that would be great.

[00:02:15] (archive recording) Rhoda Fry: I have. Thank you. I'm Rhoda Fry, I'm a member of the city of Cupertino Environmental Review Committee. However, I'm here representing myself. I'm sure that you've heard of the expansion plans for Lehigh, both Lehigh and Stevens Creek quarries. Um, as far as Lehigh is concerned, in the county, um, Lehigh, amid 17 toxic air contaminants above criteria, chronic, chronic, but let me see if I can say that again. It's a tongue twister. They emit 17 toxic. Air contaminants above chronic criteria levels. Got it. Some of them a 1000 times. They're very major polluter in Santa Clara County, at a state level. They are the 2nd the top number 2 emitter of mercury among the 8 cement plants in California. Additionally, they are the number 3 paired to the California Air Resources Board for pollution fees. So for non-vehicular pollution fees, they pay this California air resources board, $750,000 a year. So that tells you they are a major polluter. On a federal level there. The owning cement plant in California, that is out of compliance with the Clean Air Act and the Clean Water Act. What they have is they have a limestone quarry. very high metal of metalloids. It pollutes the creek. Um, because of that and also pollutes our air. They take the limestone, they cook it in the kiln using petroleum coke, which also adds to the pollution in the Bay Area, and the water district says that that's why we have mercury in Stevens Creek Reservoir. So, they have some very bold expansion plans. And, uh, among them is to, where do you have the timer? I don't want to see the timer. Oh, there it is, great. Thank you. I haven't been here before. I'm sorry. There is also one right here. Yes, great. There, except for my glasses don't work that well. Anyway, one of their plans is to take down over half a mile of our ridge that's between Rancho San Antonio and the quarry, that's about 3,000 feet, and the other is, if you drive or drive down, actually, El Camino Real, you'd probably see if there's a beige line that goes along the hill. That's actually called the West Material Storage area, that's 175 acres of mining waste, and they intend to raise that by 160 feet. The other issues is they plan to truck in material to fill the pit, after that their money mining, which they anticipate, will add 666 trucks a day. And I think that that's actually a low figure. In short, I believe that residents of Mountain View would be affected. One thing with making this place of clean, clean dump area, that would be bringing in trucks through the entire area to the site, and also the recreational values at the farm. And I have 3 level. letters with me today. One is from the Mid Peninsula Regional Open Space District, which objects to the plans, and two are from the city of Cupertino. One is for the Stevens Creek Quarry application as well, which is very bold and impactful as well. Thank you.

[00:05:23] (archive recording) Mayor Lisa Matichak: Thank you very much. Is there anyone else who wishes to address the council on an item not on the agenda? Okay, seeing none will close this portion of the meeting. And we'll move on to item 6.1. which is adopt an amendment, resolution of necessity, and authorize the initiation of eminent domain proceedings. And we will start with Dennis Drennan, the staff report.

[00:05:54] (archive recording) Dennis Drennan: Good evening, honorable mayor, members of the city council. The purpose of this public hearing is to recommend adoption of an amended resolution of necessity to initiate eminent domain proceedings, to acquire a small strip of land together with a temporary construction easement from a Chevron property located 808 Shoreline Boulevard, the corner of West Middlefield. On May 23rd, the city council, acting at a public hearing, adopted five resolutions of necessity, including resolution number 18334 Series 2019. For the acquisition, the strip of land from the Chevron property. Subsequent to council, adopting that resolution staff, realized there was an error in the square footage for the acquisition and temporary construction easement, stated in the resolution. The resolution stated the area of the fee acquisition was 578 square feet, but it should have read 1,215 square feet. The area of the temporary construction easement was stated as being 1,000 square feet, but should have read 1,800 square feet. I take full responsibility for these errors. It should be noted, the legal description attached to the resolution, had the correct square footage, in addition, the appraisal to determine the fair market value, had the correct square footage, and the government, the city's government offer to Chevron also contained the correct square footage. So, again, it was just a typographic administrative error in the resolution. The council must now consider de Novo whether to adopt the amended resolution of necessity. As a matter of quick background, the Shoreline Boulevard reversible transit lane project will create a center running, dedicated bus lane along the current median of Shoreline Boulevard between West Meadowfield Road and Pair Avenue. In addition, bicycle pedestrian improvements will be made to both sides of Shoreline Boulevard, to improve safety for bicyclists and pedestrians. The project will also require the relocation of some utility infrastructure. The practical effect of the project will be to push the boundaries of the Shoreline Boulevard right of way out between 3 and 8 feet on both sides of Shoreline Boulevard and require the acquisition of additional right of way from 9 property owners. Staff has reached agreement with five of those property owners, and four are remaining through eminent domain. The property subject to this evening's public hearing is shown as Partial 7. You'll see it there at the corner of Shoreline and West Middlefield. In addition, acquiring the additional right of way, the city will close the one Shoreline Boulevard driveway closest to West Meadowfield road. Chevron has 2 driveways on shoreline and 2 on West Meadowfield. And again, we will be closing the one driveway closest to West Meadowfield for bicycle pedestrian safety purposes. In order to adopt a resolution of necessity, the city council must make the findings shown on this slide, the project will improve traffic flow to and from the North Bay Shore Employment Center and enhanced bicycle and pedestrian safety. The project has gone through extensive studies and design review, and the property to be acquired as the minimum necessary to construct the project. Finally, a government code offer based on an independent appraisal was extended to the property. owner. Staff makes the recommendation shown on this slide, that concludes my presentation. I'm available to answer any questions. Thank you.

[00:01:54] Mayor Lisa Matichak: Are there any questions from council members? Okay, you see none? We'll open this up for public comment. Are there any members of the public who would like to comment on item 6.one? Which, uh, we had quite a few people just join us. So 6.one is to adopt an amended resolution of necessity. Okay, seeing none will close the public input portion. And it looks like we have a motion from Council member Clark.

[00:02:25] Councilmember Chris Clark: I move that we adopt an amended resolution to determine the necessity to acquire a portion of the property located at 808 Shoreline Boulevard, APN 153 14 2002, by eminent domain for the construction of the Shoreline Boulevard, Diversible Transit Lane Project, to authorize commencement of litigation to acquire property by imminent domain, and to seek, an order of possession, code of civil procedure, section 1245, 220, to be read entitled only further redeem waived, and to authorize the city attorney to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the portion of the property described herein by imminent domain, if necessary, and petition the court for immediate order of possession. And my motion includes the findings. The required findings shown on slide 4, the presentation.

[00:03:18] Mayor Lisa Matichak: Thank you. So we have a motion by Council member Clark and a second by Vice Mayor Abbe Koga. Any other discussion or comments? Okay, we will call the question. So that passes unanimously with council member McAllister, absent. Thank you. Okay, next is item seven. 7.1, which is, uh, the appointment of the city attorney and authorization to execute an employment agreement with Christian Chopra. We'll start with a staff presentation.

[00:04:04] Unknown Speaker: Good evening. Good evening, Mayor and Council. The city of Mountain View connected an extensive recruitment and selection process for the city attorney position following Jenny Quinn's announcement shall be retiring on August 2nd. After finishing the recruitment process, city council has selected Christian Chopra to serve as city attorney. Christian rose to the top of the applicant pool and brings more than 20 years of experience, representing public agencies, with 16 of those 20 years, working in local government, most recently serving as senior assistant city attorney for the city of Mountain View. Christian specialty area practice areas include land and use, land use and planning, environmental law, public works construction, and conflict of interest compliance. The purpose of the item tonight is for council to approve the selection of Christian for the city attorney position, and to authorize the mayor to execute an employment agreement with the terms outlined in the city council report, as well as some items that mayor will be summarizing shortly in compliance with the Brown Act. And in addition, since Janney's retirement date will occur in the middle of the city's biweekly payroll period, appointing Christian at the beginning of the payroll period in July on July 28, 2019, we'll meet the administrative requirements of the appointment as well as provide a week of transition. Therefore, this overlap is will require city council approval of an additional overhire of a city attorney position for the one week period of time. And I'm available to answer any questions from council. Thank you.

[00:05:42] Mayor Lisa Matichak: Any questions from the council? Okay, saying none. We will open this up for public comment. Is there anyone who wishes to address the council on this item? Okay, seeing none, we'll close the public input portion. And before, well, obviously, we can have canceled deliberation, but I also want to read a little bit here. In accordance with Brown Act requirements that the city council orally report a summary of any council action on salaries, salary schedules, or fringe benefits for the city council appointees, the specific recommendations to be approved by the city council regarding the appointment of the city attorney are as follows. Salary of $245,000 annually, continue participation in health, retirees, health, life, and disability insurance plans, and Cowper's retirement, with the same employer contribution as provided to department heads. Holidays, sick leave, and vacation accruals will continue based on the initial higher date, and as provided to department heads. Management leave will increase from 80 to 96 hours, as provided to department heads. Cell phone allowance of $50 per month. Eligibility to request a loan through city council policy D13, Mountain View employee, homebuyer, and relocation assistance program, subject to city council approval, and availability of funds at the time of the request, and in the event of termination of the employment agreement, 6 months of severance, as provided to council appointees. Okay, is there any, um, deliberation on this or comments on this? Okay, and... Vice Mayor Abi Koga.

[00:07:40] Vice Mayor Margaret Abe-Koga: Thank you. I just wanted to offer comments. We, you know, we were all very, um, sadden to hear of, uh, happy for her, but not for us to hear of, um, city attorney Quinn's retirement, and I personally, I had a moment of panic. But I think we did a very extensive process. I was very pleased with our recruiting, interviewing, hiring process. And, in all frankness, you know, I'm very, I'm very pleased that we were able to go internal. And I'm very pleased that I will be supporting the appointment of Mr. Chopra, who has worked with Ms. Quinn for a number of years now. And it's always, I think, really nice when we can appoint someone within. And, you know, I'm happy with the way city, the city's going. I think most people are. So, um, I look forward to the continuation of that with Mr. Chopra. So, um, others, I know, there's another member, but I'm happy to make the motion when, um, when ready. Thanks.

[00:08:46] Mayor Lisa Matichak: Council member Hicks.

[00:08:49] Councilmember Alison Hicks: You know, I just wanted to say that, um, it may appear because, uh, the internal candidate rose to the top that there wasn't tough competition, but I wanted to say there were some very good candidates, and it was not a cakewalk, so assuming that you get 4 more votes in the next few minutes. I wanted to congratulate you and also challenge you to be as good a seat mate as Channing, because you will be sitting next to me if we vote for you in a few minutes.

[00:09:20] Mayor Lisa Matichak: Any other comments? Okay, so we have a motion vice mayor Abekoga, and a 2nd by council member Ramirez. I would also like to add that, um, I would echo the comments of the vice mayor. It is nice that we have somebody that can step into this role, who knows the city so well, and has been working with us for a very long time, with some of us on other bodies as well. So um, Well, I guess I shouldn't say congratulations quite yet. Oh, vote first. That passes unanimous with council member McAllister absent. Congratulations, Mr. Chopra. Did you want to say anything? We'll give you the opportunity, but don't feel like you have to.

[00:10:25] Senior Assistant City Attorney Krishan Chopra: Thank you, Madam Mayor, I end counsel. I just want to thank you for your confidence in me, and say how excited I am for this opportunity to continue serving the city. And I've learned so much from my 10 years with the city. I also want to say, uh, Thank you to Janie for being such a wonderful mentor and leader to our office and I'm also looking forward to continuing her legacy, to the extent I can, they're big shoes to fill, but I've learned so much from you and I hope to continue your standard of excellence for the office, because I think it's so important. And also, I'm thrilled to join the department head team.

[00:11:14] City Attorney Krishan Chopra: I have worked with them personally quite a bit, and I'm just excited for all the challenges we have. I've seen your ambitious goals for the next few years and I'm thrilled to just get to work and assist you. So thank you.

[00:11:29] City Manager Dan Rich: Thank you. And I'd just like to add that Christian has been well prepped as a barbecue for the annual department head barbecue, so we know he will continue his great grilling skills for all of us. important.

[00:11:49] Mayor Lisa Matichak: Okay, um, we'll close that item and move on to item eight. Council staff committee reports. Are there any from any members of the council?

[00:12:06] Unknown Speaker: So I'll just note that since the last time we met, I have attended the airport land use commission meeting, as well as my 1st Bosca, Bay Area, Water Supply, and Conservation Agency meeting, and it's an incredibly interesting topic. And, you know, from my 1st meeting, I don't have a ton to report on it, but there's a lot to learn, but it's very interesting.

[00:12:36] Mayor Lisa Matichak: Anyone else?

[00:12:39] Unknown Speaker: Nope.

[00:12:40] Mayor Lisa Matichak: Okay. So we will move, we'll close that section and move on to item nine, which is a closed session, and we will do the announcement here, and also take public input. The closed session announcement is item 10.1 public employee performance evaluations pursuant to government code section 54957B1, and the titles of the employees are the council appointees, which includes the city manager, city attorney, and city clerk. And I would say that I don't anticipate that there will be any closed session report this evening following the closed session. Thank you. Is there anyone who wishes to address the council on the closed session item? Okay, saying none will close the public input portion. And we will, after we will adjourn to the closed session in the Plaza conference room, and after we'll have a really short recess here, but we'll reconvene in the Plaza conference room, and then following the closed session, the city council will adjourn to the next city council meeting to be held on Tuesday, September 3rd, 2019, at 6.30 p.m. in the council chambers, 500 Castro Street. So the regular meeting is adjourned. Thank you.

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