September 13, 2022 Regular Meeting of Mountain View City Council

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Transcript

[00:00:09] (archive recording) Mayor Lucas Ramirez: Good evening, everyone. Thank you for joining us for our closed session. I am going to read the usual announcement as required. This meeting will be conducted in accordance with California government code section 549 E as authorized by resolution of the city council. Please contact city.clerk at mountain view.gov to obtain a copy of the applicable resolution. All members of the city council are participating in this meeting by video conference with no physical meeting location. Members of the public wishing to observe the meeting lives may do so at mountain view.ludgetstar.com, youtube.com, uh forward slash Mountain View Gov and on Comcast channel 26. As noted on the meeting agenda, members of the public may provide oral public comments during the public comment period by visiting mountain view.gov forward slash meeting to enter the Zoom meeting or by phone by dialing 669-900-9128 and entering webinar ID 843-512-67142. Any emails received by 430 PM today were received directly by the city council. City attorney Lowe will make a closed session announcement, and then the city council welcomes public comment on the items listed for closed session. Thank you.

[00:01:10] City Attorney Jennifer Logue: There are 2 items on the closed session agenda for this evening. Item 2. is a conference with legal counsel regarding existing litigation pursuant to government code section 54956.9. The name of the case is Ching Li Shea versus the city of Mountain View, 820 through 860 Villa Street, LLC, Frederick Chen, Mark Chen, Don Baker, Douglas, and Douglas T. Watson, Santa Clara County Superior Court case number, 20 CV, 365876. And the 2nd item is item 2.2, is a conference with legal counsel regarding a liability claim pursuant to government code, section 54956.9. The name of the claimant is Chandra Arnold. Thank you.

[00:02:06] Mayor Lucas Ramirez: Would any member of the public on the line like to provide comment on the closed session items listed on tonight's agenda? If so, please click the raise hand button in Zoom or press star 9 on your phone. A timer will be displayed on the screen. Be no members of the public wishing to speak. Uh, the council will now uh, recess the closed session and return to this weaponar at 6.30 p.m. for the regular session. See you then.

[00:04:27] (archive recording) Mayor Lucas Ramirez: Have you seen everyone? Welcome to the regular meeting of the city council of September 13, 2022. I will now read the usual announcement as required. This meeting will be conducted in accordance with California government code section 54953E as authorized by resolution of the city council. Please contact city.clerk at mountain view.gov to obtain a copy of the applicable resolution. All members of the city council are participating in this meeting by video conference with no physical meeting location. Members of the public wishing to observe the meeting live, may do so at mountain view.letstar.com. youtube.com forward slash Mountain View Gov and on Comcast channel 26. As noted on the meeting agenda, Members of the public may provide oral public comments during the public comment period by visiting mountain view.gov forward slash meeting to enter the Zoom webinar or by phone by dialing 669-9009128 and entering webinar ID 843-512-67142. Any emails received by 430 p.m. today were received directly by the city council. Please join me in the pledge of allegiance. Budge allegiance to the flag of the United States of America, and to the Republic, for which it stands, one nation, under God, indivisible with liberty and justice for all. Thank you. The point of clarification, item 6.one on tonight's agenda, commercial development project at 365 405 San Antonio Road, and 2585 to 2595 California Street, was postponed at the request that the applicant will not be heard tonight, and will be re-noticed for a future date. Uh, the city clerk will take attendance by roll call.

[00:31:23] City Clerk Heather Glaser: Council member, Abbe Coca.

[00:31:24] Councilmember Margaret Abe-Koga: Here.

[00:31:26] City Clerk Heather Glaser: Council member, May,

[00:31:27] Councilmember Ellen Kamei: your

[00:31:27] City Clerk Heather Glaser: council member, Lieber.

[00:31:29] Councilmember Sally Lieber: Yes, here.

[00:31:31] City Clerk Heather Glaser: Council member Metachek,

[00:31:32] Councilmember Lisa Matichak: here.

[00:31:34] City Clerk Heather Glaser: Council member Shelter?

[00:31:35] Councilmember Pat Showalter: Here.

[00:31:36] City Clerk Heather Glaser: Vice Mayor Hicks.

[00:31:37] Vice Mayor Alison Hicks: Here.

[00:31:38] City Clerk Heather Glaser: Mayor Ramirez?

[00:31:40] Mayor Lucas Ramirez: Here.

[00:31:40] City Clerk Heather Glaser: You have a car?

[00:31:41] Mayor Lucas Ramirez: Very much. Well, now move on to item 3 presentation. Please note this is a presentation only. The city council will not take any action. Public comment will occur after the presentation item. Uh, and this is the National Hispanic Heritage Month Proclamation. Um, so, uh, if somebody can invite, uh, Mary Lou, uh, uh, Questa to join the panel, uh, and in the meantime, translation services are available for this item. We will now hear from our interpreter.

[00:32:18] Spanish Interpreter: Buenas noches. I said, vicios and de interpretación, disponibles, para este articulo que el tres punto uno, la proclamación, del mes nacional de dencia y spana. Gracias.

[00:32:32] Mayor Lucas Ramirez: Thank you very much, and we are happy to be joined this evening. Bye. Marilu Quest, to accept this proclamation. The proclamation reads, whereas in 1968, President Lyndon B. Johnson 1st introduced Hispanic Heritage week to recognize and celebrate the independence of our neighbors in Central America and Mexico, and 20 years later, the recognition period was expanded from one week to one month, beginning September 15th through October 15th, and whereas the Hispanic and Latino communities in Mountain View, who call our city home and the Health Mountain View Thrive, represent a group with routes throughout Latin America and beyond, and many Latino residents also trace their heritage to the original indigenous communities of Latin America and Africa. And, whereas, in recognizing and celebrating the achievement achievements of our Hispanic and Latino community, We honor them and recognize all they have helped build in our state and city. They are civil rights, leaders, uh, community organizers, 1st responders, healthcare professionals, teachers, artists, athletes, entertainers, colleagues, and friends, and whereas the Hispanic and Latino communities make incalculable contributions to our neighborhoods and community in every sector of the economy, and we are a greater and more vibrant city because of them. Now, therefore, I, Lucas Ramirez, mayor of the city of Mountain View, along with my colleagues on the city council, do hereby proclaim September 15th through October 15th as National Hispanic Heritage Month. Merlou, would you like to say a few words?

[00:34:13] Marilu Cuesta Flores: Um, good evening. My name is Patty Robuesta. It is my honor to accept the National Hispanic Heritage Mond, uh, Proclamation. Today is September 13th, 2022. I'm very, I'm very grateful for the contribution of the and leadership of the Hispanic community in Mountain View. Thank you, city of Mountain View, and thank you for all amazing city council members. Thank you.

[00:34:43] Mayor Lucas Ramirez: Thank you very much, and thank you again for accepting the proclamation. Would any member of the council like to say a few words? Bye, Smearex.

[00:34:55] Vice Mayor Alison Hicks: I'm gonna say very few words. I just want to thank you, Mary Lou, for all the work you've done, the fantastic work over the past couple of years that I'm particularly aware of, and also say it's really nice to see your face here, more or less in person. You know, we, uh, since we've been meeting on Zoom, we get to see very few members of the public, and, and it's just good, really good to see your face. Thank you. Here.

[00:35:23] Mayor Lucas Ramirez: Any other members of the council wishing to speak? Not, I'll just say that, uh, I'm very proud to be, uh, mayor in, uh, providing this proclamation, and also to be, uh, part of a council that has had, that has more Hispanic, you know, Latinex, uh, council members than ever in our history in council member Kumei and I, uh, both mixed race. Uh, so very proud to to join you council number to me, um, and and being on this council and accepting uh, this proclamation. Uh, uh, will now turn to the public will, uh, we will now take public comment for the presentation item. Would any member of the public on the line, like to provide comment on the presentation item listed on the agenda. If so, please click the raised hand button in Zoom, or press star 9 on your phone. A timer will be displayed on your screen. Being no members of the public wishing to speak, we will end the presentation and move on to the consent calendar. Thank you again, buddy Lou. Um, so item 4 uh, consent calendar, these items will be approved by one motion unless any member of the council wishes to remove an item for discussion. Would any member of the council like to poll an item? Here to write them down. Council member Mattachek.

[00:36:43] Councilmember Lisa Matichak: Thank you. I don't need to pull the item. I just want to register a no vote on item 4.2.

[00:36:50] Mayor Lucas Ramirez: 4.2. No. Okay. Thank you very much. Uh, Councilman Robbie Koga.

[00:36:56] Councilmember Margaret Abe-Koga: Thank you, mayor. Um, I too would like to register a no vote for item 4.2. Thank you.

[00:37:02] Mayor Lucas Ramirez: Okay, thank you. We'll make sure those get recorded uh in the motion. Um, uh, Council member Shelter.

[00:37:13] Councilmember Pat Showalter: I would just like to take this opportunity to uh, uh, this is about 4 point um, uh, 4.9, which is the advisory body work plans, and I'd just like to take this opportunity to thank all of the people who serve on our advisory bodies. They put in a tremendous amount of time, as most of us know, we've served on them before. They learn a lot, but, um, they really, they really give a lot to the city of Mountain View. And I just want to thank them all for their service.

[00:37:47] Mayor Lucas Ramirez: Very much. Uh, no other member of the council would like to pull an item, then, uh, we'll turn to the public, would any member of the public on the line like to provide comment on any item on the consent calendar? If so, please click the raise hand button in Zoom or press star 9 on your phone, a timer will be displayed on the screen and given the number of speakers, we'll go ahead and allocate 2 minutes. Uh, the 1st speaker is SP.

[00:38:17] Public Speaker: Hi, everyone. I'm just curious to see, if if someone can enable the closed captioning, so that members of the public who are part of hearing, can actually participate in this conversation. Thank you.

[00:38:35] Mayor Lucas Ramirez: Thank you very much. Um, and I think that's uh, something that uh, we will work with our staff to address. Uh, next speaker is Tim McKenzie.

[00:38:48] Tim MacKenzie: Hi, uh, everyone, um, I, Tim Mackenzie, he and pronouns 7 year resident of Mountain View. Um, I'd like to make a comment on 49, the advisory body work plan specifically about PCAB. One of the items is looking for extreme views in within the police department, based on a recent report that there has been infiltration by white supremacists of police departments in California. Ideally, we don't have that in Mountain View. I think that, that, like, that we don't have white supremacists, but it's great to check that box. We should make sure that there are no white supremacists or extremists in the police department, but I think that we should go a step beyond that, and I would like to see on the advisor's your body work plan. uh, ways recommendations are building up ways to make sure that we maintain the lack of white supremacists moving into the future and adopting best practices to make sure that they are never able to come and take root in our community. Um, and a little bit more action oriented rather than just receiving report. Thank you.

[00:39:58] Mayor Lucas Ramirez: Thank you very much. The next speaker is Bruce England.

[00:40:03] Bruce England: Thank you, mayor. I have 2 comments. I want to uh, to say for myself. For all the work plans. I'd like to see the advisory bodies have entries for legislative priority recommendations. Um, I noted that none do in the drafts for this year. I'm not suggesting that you make any changes to them for this year. That's asking too much, but for next year would be great if the advisory parties would have that direction to at least consider, including that. And also, um, I'd like to see the workplans review process by city council happen earlier in the year, in the future. So the advisory bodies can have them approved by the start of each fiscal year. I'm not sure how we wound up having this done in September. It might just be a historical artifact. Thank you.

[00:40:50] Mayor Lucas Ramirez: you very much. The next speaker is Albert.

[00:40:58] Albert Jeans: I don't have close slides. Great. Hi, Albert G. Um, 1st of all, I'd like to say thank you very much, and neighbors and I were really, really pleased to see this item on the consent calendar for the purchase of these 2 watts in the Terabella area. I mean, this area really needs new parks, especially since Shoreline Gateway and the Alta Housing Project will be coming along pretty soon. Well, maybe 4 or 5 years. Next slide, please. And yeah, it's it's a good, you know, I'm certainly a step in the right direction, but we've still got a long ways to go. I mean, between Shoreline Gateway and the Alta housing project, you know, it's over 400 units of housing, which is estimated almost probably about 900 new people. So this one.66 acre park is a step in the right direction, but still doesn't come up to the 3 acres per 1000 people, that's sort of our aspirational goal. You know, for the entire area of sterling planning area. My estimate is that, you know, with the next 5 or 7 years, about 3000 more people will be coming, given the currently approved projects, especially big ones like the 7s, which used to be, you know, the really nice 2 story apartments. 3000 people, you know, again, the aspirational goal is to have 9 acres of parkland. And, you know, given that the price of parks is, you know, something like 10 or $12000000 an acre, that's very challenging. And I know we'll talk a lot about a lot more about this in the park strategic plan, but just want to make people aware of that, it's definitely a step in the right direction, but we've got a long, long ways to go. Thank you.

[00:42:48] Mayor Lucas Ramirez: Thank you. I know the council is very proud to be able to provide additional park space in this area. Uh, the next speaker is Erica Valentine.

[00:43:02] Erica Valentine: Hello, this is Erica Valentine. I am the political director for local 393. We represent over 3100 members for the plumbers, pipefitters, team fitters, and HVACR technicians in Santa Clara and San Benito County. I'm here to speak on agenda item 4.3. Thank you for your time tonight to discuss the wage theft and responsible construction, the city mountain view. As I mentioned in my comments last session. I'm here today to encourage the city of Mountain View to include protections of public contracts and public works in this discussion. As a leader in the value, the whole world is watching and following your leadership in the city of mountain view. Today with 1000s of housing units being proposed, permitted, and developed. Today is a day to take action to ensure that the homes being built for the future are built responsibly, that they are built paying local prevailing wage, and that they are built with quality and craftsmanship that does not exploit or put profit over people. Today I ask Mountain View include a public contract on public works and their protections. Thank you for your time today, and we hope that the city of Mountain View will join UA local 393 and passing ordinances that include public works protections. Thank you.

[00:44:06] Mayor Lucas Ramirez: Very much, Erica. The next speaker is Frank Austin.

[00:44:12] Frank Austin: Yes, hi, thank you. Yes, my name is Frank Austin, and I'm a business representative with local 393 as well. And like Erica had mentioned previously, we represent over 3100 plumbers, pipefitters, and steam fitters, and HVAC service technicians. I want to thank you for your time and attention to wage theft and responsible construction in the city of Mountain View. Today, I'm here because I ask that you create a policy for the city of Mountain View to address the public contracts and public works in this discussion. Being a leader, starts in government. Mountain View has led the way in the Bay Area. Today, as we discuss construction, there is a need and opportunity in Mountain View to commit to responsible contracting and public works projects. These policies require all bidders for city, contracts to disclose unpaid, wage theft judgments, or final administrative decisions, and disqualification of bidders who have unpaid judgments or are repeat offenders with paid judgments. We urge Mountain View to follow in the footsteps of the city of San Jose, city of Morgan Hill, the city of Milpitas, city of Sunnyvale, and Santa Clara County. Responsible construction is for everyone, private and public works. We ask that you protect all of them. Thank you for your time today, and we hope that the city of Mountain View will join local 393 in passing ordinances that include public works protections. Thank you.

[00:45:44] Mayor Lucas Ramirez: Thank you very much. Being no other members of the public wishing to speak. We'll return to the council. Uh, and I'll note that a motion to approve, the consent calendar should also include reading the title of the ordinances attached to items 4.2 and 4.3 and the resolution attached to 4.4 and also, uh, incorporate the no no votes registered previously. Council member Abby Koba.

[00:46:12] Councilmember Margaret Abe-Koga: Thank you, mayor. Um, I would like to go ahead and there's hire trucks coming in front of my house. Um, but I'd like to go ahead and make a motion to approve the consent calendar that includes item 4.2, adopt an ordinance of the city of Mountain View, amending the mobile home rent stabilization ordinance, chapter 46 of the Mountain View City Code, to remove the exemption from mobile home spaces and mobile homes in a mobile home park that are subject to an approved accord, to be read entitled only for the rating waived, with no votes from Council members Medachek in Abbe Koga. 4.3, adopt an ordinance of the city of Mountain View, adding article 3, responsible construction, to chapter 42 of the Mountain View State Code, to be read entitled only for the reading waived, and adopt an ordinance of the city of Mountain View, adding article 4, wage theft, to chapter 42 of the Mountain View City Code, to be read entitled only for the reading waived, and item 4.4, adopt a resolution of the city council, the city of Mountain View, authorizing and continuing virtual meetings of city council, committees, boards, and commissions. Pursuant to AB 361 and making required findings to be read entitled only for the rating wave.

[00:47:30] Mayor Lucas Ramirez: Thank very much. Council member Showalter.

[00:47:36] Councilmember Pat Showalter: Thank you.

[00:47:37] Mayor Lucas Ramirez: Are there any final questions or comments? Not, I'll ask the uh city clerk to start the roll call.

[00:47:45] City Clerk Heather Glaser: I'm Robbie Coco.

[00:47:46] Councilmember Margaret Abe-Koga: I,

[00:47:47] City Clerk Heather Glaser: Council member, Shelter.

[00:47:49] Councilmember Pat Showalter: Yes?

[00:47:50] City Clerk Heather Glaser: Council member Kamei?

[00:47:51] Councilmember Ellen Kamei: Yes.

[00:47:52] City Clerk Heather Glaser: Council member Lieber?

[00:47:54] Councilmember Sally Lieber: Hi.

[00:47:54] City Clerk Heather Glaser: Council member Mattachek?

[00:47:56] Councilmember Lisa Matichak: Yes.

[00:47:57] City Clerk Heather Glaser: Vice Mayor Hicks?

[00:47:58] Vice Mayor Alison Hicks: Yes.

[00:47:59] City Clerk Heather Glaser: Mayor Ramirez.

[00:48:01] Mayor Lucas Ramirez: Yeah. Motion carries unanimously. Great. Thank you very much. Well, now move on to item five, oral communications. 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 during the section. State law prohibits the council from acting on nonagenda items. As previously announced, item 6.one commercial development project at 365 to 405 San Antonio Road, and 2585 to 2595 California Street, was postponed at the request of the applicant, will not be heard tonight, and will be renoticed for a future date. If anyone is present that would like to speak to that topic, you may do so at this time. Would any member of the public on the line like to provide comment on this item? If so, please click the race hands button in Zoom or press star 9 on your phone. A timer will be displayed on the screen. And we'll go ahead and allocate 3 minutes. Uh, Bruce England.

[00:49:03] Bruce England: Thank you, Mayor. Um, Yeah, just one item I wanted to bring up, given the approval, the 590 Castro project, and anticipating the Castro Commons project coming along. There are questions about use of public space being asked for by developers. And my understanding is that some of those decisions, at least for 590 were made in closed session during contract negotiations. I strongly request that those closed sessions not include details that are in the public interest, but be tightly focused on details on in contracts about what Mountain View would pay for, things like that. So, um, I hope that you will consider that in future. Um, meetings, including for the Castro Commons when that comes up. Thank you.

[00:49:55] Mayor Lucas Ramirez: very much. And now we will proceed to our public hearings. Uh, so we will not hear 6.one. Uh, we'll start with 6.2 community center resiliency hub project, uh, various actions, assistant, public works director and city engineer, Ed Orango, will present the item. Uh, can somebody help promote? Ed. And if there are other members of the staff that we will need to promote as well. Um I would appreciate staff's assistance. Welcome, Ed, and whenever you're ready.

[00:50:55] Ed Arango: Great, thank you. Um, just give me a minute to share my screen. This is the one. Okay. You should be seeing the presentation.

[00:51:17] Mayor Lucas Ramirez: Yes, we could.

[00:51:18] Ed Arango: Great. Okay, thank you, mayor and council members. I appreciate the introduction. I'm also joined by Dawn Cameron, Public Works director. And we're here to provide a short overview of the Community Center resiliency hub project. The advancement of this resilience project is in large part due to Silicon Valley Energy, providing grants for energy conservation, and resilience of projects that reduce demands on a power grid, and minimize impacts to key facilities when power outages do happen. Staff reviewed facilities and projects that would be eligible for the grant and due to the community center's importance of not only being a known gathering place from many events, and also providing critical services to the community, serving as a emergency shelter, recently serving as a vaccination center, and even last week, as a cooling center during the extreme and prolonged heat wave, that was at risk of power outages. Staff identified a battery storage system as a priority, resilient project that could provide several days of power when connected to the existing solar system at the community center. This system addresses resilency, but also reduces demand during peak power energy use. During the evaluation of the project, 2 options were identified for the battery storage system, where the higher level of energy storage was recommended based on balancing the capital costs with the benefits of longer run times. The delivery model to install improvements within the grant timelines. And the space needs and constraints at the community center to accommodate this additional equipment. Option 8 provided for the best balance of these criteria. And may this year, the city submitted a grant application and was successful in meeting the grant requirements, due to the expedited timing of the granted, grants, sorry, which requires construction to be completed by the end of next year. Staff is recommending the design build, delivery model, and enter into a contract with Sizerco energy solution. This model as compared to the traditional design, bid build model is allowed under the government code specific to energy efficient projects that meet the required findings. This project doesn't need those findings. The recommendations as outlined in the council report are outlined to hear, but to quickly summarize the highlights, staff is recommending council, approving media CAP, and appropriate funding. Adopt a resolution identifying the findings made, and awarding a contract to Sizrico, and authorizing the city manager into a grant agreement, and apply for rebate funds. And that concludes our presentation.

[00:54:11] Mayor Lucas Ramirez: You very much. If any member of the council have questions. Uh, seeing any. Uh, so we'll turn to the public. Would any member of the public on the line like to provide comment on this item? If so, please click the raised hand button in Zoom or press star line on your phone, a timer will be displayed on screen. And There are a couple of speakers, so we'll allocate 3 minutes. The 1st speaker is Mitch, uh, Vince Figuera. Whenever you're ready.

[00:54:53] Public Speaker: Uh, good evening. Uh, I, I was trying to speak on number five, but I, I'm not sure if, uh, I didn't hear you correctly and it got skipped over. Am I still available to speak on that now?

[00:55:06] Mayor Lucas Ramirez: Unfortunately, uh, we've already moved past the non-agenda public comments, so, um, I'm not on this item, regrettably. But please feel free to follow up by email with the city council.

[00:55:17] Public Speaker: Thank you.

[00:55:19] Mayor Lucas Ramirez: Thank you. Now the next speaker is Bruce England.

[00:55:24] Public Speaker: They said, no, you can't speak on it.

[00:55:27] Bruce England: Thank you, mayor. Um, Yeah, Bruce England speaking for Mountain View Coalition for Sustainable Planning. This is a very worthy project in our view and so we enthusiastically support it. Thank you.

[00:55:40] Mayor Lucas Ramirez: Thank you. Be no other speakers, uh, from the public will return to the council, um, and I'll note that a motion to approve the recommendation should also include reading the title of the resolution attached to the report. Council member of it.

[00:55:57] Councilmember Margaret Abe-Koga: Thank you, Mayor, and thank you, staff, for bringing this forward to us. It's a very exciting project, especially for me as a member of the SVCE board. Um, we've been trying to um, provide more and more program funding um, to the community, to the cities. Um, this being one of them. Sometimes, though, it's um, challenging for cities to um, take advantage of these opportunities, especially with staffing, um, issues and whatnot. So I'm actually very pleased that we are moving forward with this. Um, and so, um, I just want to thank staff for their willingness to to work on the project. Um, and, um, I'd be, I know there's a couple of other hands, but I would be happy to make emotion when the time comes. Thank you.

[00:56:47] Mayor Lucas Ramirez: Thank you. Council member show.

[00:56:51] Councilmember Pat Showalter: Um, yeah, I was just going to mention, uh, what a worthy project I think this is, and I'm, it really, um, is, uh, kind of emblematic of what we hoped for when we started Silicon Valley clean energy, that there would be, um, uh, you know, economies of scale, and, and also the economies of the expertise that they would get together, that we could all benefit from. And, um, so I'm really pleased to see this. And in addition to that, I think it's important to note that this is kind of a pilot project in a sense. I mean, with this, we are, um, really improving the resilience of our community center as also an emergency center. And, um, that's, I think, you know, doing it for the community center, that's a good, a good 1st step. But in the future, we may want to do that for some of our fire stations and our police station, maybe even for city hall one day. And with this project, we should learn a lot about how these battery backup systems work. And, um, so, uh, I'm really pleased to see that this is going forward, and I want to thank the staff of both Silicon Valley Clean Energy, and also our staff, for, um, putting it together. Thanks.

[00:58:20] Mayor Lucas Ramirez: You very much. Council number lever, and then we'll go back for a second round.

[00:58:26] Councilmember Sally Lieber: Um, thank you, Mayor. Well, I also want to add my kudos to those that have already been voiced. I think that's a very important project, and it's gonna be a great teachable moment for families in particular in the community who have students who are learning about energy and where our energy comes from, and all of the science behind that. So I think this is going to be a really wonderful project. And I was just curious in terms of, um, Silicon Valley Clean Energy, when we, when we buy our power, Are we buying, um, one of the green sources coming from SVCE. When we buy through PG and E. Maybe Director Cameron can help answer the source of purchase.

[00:59:25] Dawn Cameron: I think we're going to have to get back to you on that. Um, And we will confirm that we are using the greenest possible source for our PG&E power.

[00:59:36] Councilmember Sally Lieber: That would be great. And I know it's available to um, households and businesses, but I didn't know about um, government. But I would be very interested in, I think that this is just a wonderful project. And the community center his, as others have said, um, become very important to the resiliency of of the community, and we saw that, in particular, with the, uh, pandemic and the recent use as a cooling center. And I think it's going to continue to, um, even grow more in importance and, and we'll have more opportunities to go on to other buildings in the community as well. So thank you so much.

[01:00:23] Mayor Lucas Ramirez: Thank you Uh, so we'll go to buy Samir Hicks and then we'll have council member Abitoga and make the motion on it.

[01:00:29] Vice Mayor Alison Hicks: That's right. So I want to 2nd let all the council members previous, to me, have said and members of the public that this is a wonderful project. And as you've said, a teachable moment, one of the things that I learned in reviewing this project is that we set our temperatures in the buildings, whether air conditioning is on or heat is on at 70 degrees, plus or minus a degree or two. And I'm one of the things I'm wondering in this teachable moment. I know other places that I go to, such as Kaiser, set the air conditioning a little higher, and the heating a little lower, in order to save even more energy naturally, by the way you set your thermostat. So, that was the teachable thing that I got out, or one of the teachable things I got out of this session. And I'm hoping maybe in the future, the city can add that to its, you know, as another way to cut our energies. But with that, I fully support the project. Thank you.

[01:01:34] Mayor Lucas Ramirez: Thank you very much. Council member of Ikoka.

[01:01:39] Councilmember Margaret Abe-Koga: Thank you, Mayor. Um, and before I make the motion, I just wanted to, um, clarify, um, a lot of, I, I once know, we, once in a while, get emails about where does energy come from, and I know Counselormer labored asked a question, but I just wanted to clarify that the sourcing of the energy is now done by Silicon Valley clean energy, and we source from, um, carbon free, uh, sources, PG&E, transmits that energy into the homes, but they are not providing the energy that's like clean energy does. So, um, I know you probably know that, but not everybody in the community seems to know that, so I just wanted to clarify that. Um, but with that, I would like to go ahead and make a motion, um, to adopt a, I guess it would be to move staff recommendation that includes adopting a resolution of the city council, the city of Mountain View awarding a contract is size or co-energy solutions, Inc. for the community center resiliency hub project for a cost not to exceed $1,213,357, including a $110. $110,305 contingency to be read in title only for the reading wave. Thank you.

[01:03:00] Mayor Lucas Ramirez: Very much. Council member, Matt, check.

[01:03:03] Councilmember Lisa Matichak: Thank you. As the alternate on SCCE board, I wanna 2nd that motion.

[01:03:10] Mayor Lucas Ramirez: Thank you very much. Are there any remaining questions or comments? If not, uh, we'll start the roll call vote.

[01:03:19] City Clerk Heather Glaser: Councilman Brave Koga?

[01:03:21] Councilmember Margaret Abe-Koga: I,

[01:03:21] City Clerk Heather Glaser: Council member Matachek?

[01:03:23] Councilmember Lisa Matichak: Yes.

[01:03:24] City Clerk Heather Glaser: Council member commit?

[01:03:26] Councilmember Ellen Kamei: Yes.

[01:03:26] City Clerk Heather Glaser: Council member Lieber.

[01:03:28] Councilmember Sally Lieber: Hi.

[01:03:29] City Clerk Heather Glaser: Council member show Walter?

[01:03:30] Councilmember Pat Showalter: Yes.

[01:03:31] City Clerk Heather Glaser: Vice Mayor Hicks?

[01:03:32] Vice Mayor Alison Hicks: Yes.

[01:03:33] City Clerk Heather Glaser: Mayor Maris?

[01:03:35] Mayor Lucas Ramirez: Yeah. Motion carries unanimously. Very much. We're going to be out by 7.30. I could feel it in my bone. The next item is 7.1. Alta housing, notice of funding availability proposal, 1020 Terra Bella Avenue, senior housing officer, Deanna, Talavera, and senior planner, Edgar Matavilla, will present the item. And the staff can help me uh, promote the staff to uh, panelists, or to the panel. There are several in the list.

[01:04:18] Deanna Talavera: Good evening. Everyone, I'm gonna go ahead and share my screen. I have a brief presentation.

[01:04:26] Mayor Lucas Ramirez: Perfect, thank you.

[01:04:31] Deanna Talavera: Everyone can see that, I'm hoping.

[01:04:34] Mayor Lucas Ramirez: Yes, we can. Thank you.

[01:04:35] Deanna Talavera: Okay, great. Well, good evening, mayor, vice mayor, and council members. My name is Deanna Talaver, and I'm the senior housing officer here with the city of Mountain View. and I'm joined this evening by my colleagues. Michaela Helman, Tincher, Housing and Neighborhood Services Manager, and Edgar Manabia, senior planner with the city. This evening, we're asking the council to approve the NoFA committee recommendation of funding. Um, for the proposed affordable housing development at 1020 Terabella Avenue. The NoFA Committee, comprised of three council members, council member, Margaret Abbe Koga, council member, Pat Scholwalter, and Vice Mayor Allison Hicks all met on August 18th. to review the project application. At that meeting, the committee forwarded staff's funding proposal to the full council to reserve a loan amount of $13.5 million, of which $1300000 will be used for pre development activities. Um, This evening, we'll provide the full council with a brief overview of Alta Housings proposal at 1020 Terabella, a summary of all of the public meetings and feedback received to date. Staff's review of the project funding and whether or not we think it meets Arnova objectives. And finally, we'll ask that the council make a reservation of funding. Um, Edgar is here and he'll walk us through the planning process that the project has gone through today. Edgar?

[01:06:01] Edgar Maravilla: Thank you. Good evening, Mayor, Council members and members of the public, as mentioned by Senior Housing Officer Delavera. My name is Edgar Maravilla, project planner, and I will present the following 3 slides. You can go to the next slide. Location. This project is located at 1020 Terrabella Avenue. in Tamrao Avenue, the parcel has a general plan and zoning designation of general industrial, in order to allow poor housing. On the site, the project is requesting a general planned amendment to be designated high-dentity residential, his only map amendment to be designated P planned community district, and a general planned text amendment for the 1040 Toro Bell site to increase the floor area ratio from .55 to 2.5. You will note, 2 sites are shown on the images to the right hand side. 1020 and 1040 Terabella. This project was submitted as a gatekeeper application in 2020 or 1040 Terabella, a public storage facility with only over half an acre to outta housing in return for an increase to the allowed floor to area ratio. The top image shows the existing boundary lines, orange for personal storage, blue for alta housing. Bottom image shows the proposed property lines, including the half an acre donation given to Alta housing. Next slide. Here you'll see the public meetings to date. The project has gone through a gatekeeper authorization, a study session with the environmental planning commission, a study session with city council, an applicant led neighborhood meeting, a development review committee, an over review committee, and today's council meeting. Next life. Comments from the public at all the public meetings, There has been general support for the project with some members of the public highlighting concerns about the lack of parks in the area. Designing feedback was also given on the importance of landscape in tree canopy, addressing the boxy appearance of the building, and integrating a warmer color palette. Staff is actively working with the applicant to incorporate the design feedback into this project. With that said, I will turn the mic back to senior housing, officer, televera.

[01:08:14] Deanna Talavera: Thanks, Edgar. So Altex Housings proposal at 1020 Terabella is 6 stories with 108 affordable units. It will serve extremely low and low income households, earning between 30 to 60% of the area median income. The project will utilize the state density bonus, which adds an additional 24 units to the project. And what really makes this project special is the inclusion of much needed family sized units. It'll provide 282 bedroom units and 273 bedroom units. Um, staff has evaluated all aspects of the proposal, including its sources of funding. While the developer is still in the process of securing the full funding necessary to build the project, there are 6 anticipated sources of financing that they do plan to pursue. The 1st is the low income housing tax credit equity program, and also plans on applying for 4% tax credits, which will add approximately $490000 in capital from tax credit investors. Second, the developer intends to source $22000000 in either the state multifamily housing program. Or the affordable housing sustainables community grant. Um, the project will need entitlements in place 1st to be competitive for either source of funding. Third is the city of Mountain View's loan. The developer is requesting a $13.50000000 loan from the city, and it should be noted that the city will seek to obtain ownership of the land as part of our loan agreement. Fourth is funding from Santa Clara County. The developer will apply for $13000000 in county funds, and the developer is currently working with the County Office of Supportive Housing to apply for that funding. As mentioned prior, per the city's MOU between the city and county, if the city contributes more funds than the county, the city will have the option to own the site. Finally, the developer will secure a conventional bank loan, in the approximate amount of $11.8 million to partially finance the construction of the project. The project at 1020 Terabella is estimated to cost approximately $11000000 in hard and soft costs. These costs translate to approximately one.1,18,000 per unit with a per unit city subsidy of $125,000. Attachment 2 of the staff report, and here on this slide shows the per unit development cost for the city's last 8 affordable housing projects. And you'll notice that the recently approved NOFA project at 1265 Montecito Avenue costs slightly more per unit, at approximately $1,043,000 per unit, with a per unit, city subsidy of $188,000. The noticeable increases in total and per unit costs over the past 3 years can be attributed to a few things, including um, inflation, high interest rates, along with the high cost of materials, labor, and land, which is impacting projects, not just here in Mountain View, but in the region and the state. Staffs review of the costs show that the project is actually cost efficient. Um, and it shows reasonable comparable per unit costs. Note also that the city's per unit contribution for this project is lower than in passed projects, as the developer is taking advantage of several other sources of funding. Our review and evaluation of the project determine that it meets the city's goals and objectives to expand affordable housing opportunities to households, um, who are otherwise left out of the mountain view housing market, particularly families, um, as there are highly needed 2 and 3 bedroom units. Then it meets the city of Mountain View strategic roadmap goal of increasing the quantity and diversity of housing options, including assistance to the unhoused. It meets the housing element goal of providing assistance to households at different income levels and that address their housing needs. Finally, the development is financially feasible. Um, we've reviewed and also housing has demonstrated, uh, success in developing high quality, safe and well-designed affordable housing in the city. If the council recommends a reservation of funding for this project. All to housing and public storage will each continue to refine their design and funding proposals and pursue individual entitlements. But they'll go through the sequel process together. Alta plans to complete the entitlement and approval process in early 2023 and begin construction in 2024. So with that, staff recommends that the city council reserve 13.500000 in housing impact funds for the Alta housing notice of funding availability application. Um, we're asking that the council appropriate $1300000 of the $13.500000 for pre-development costs, with 1000000 going to alta housing, and 300,000 for staff time, environmental studies, parking, and other, uh, studies necessary to get this project entitled. And that the council authorized the city manager to enter into a loan agreement with alta housing in the amount of $1000000 for the use of these pre-development funds. Um, I am joined now by our team and we are available to answer any questions that the council may have. We also have ulta housing here in the audience if there are any questions for them.

[01:13:57] Mayor Lucas Ramirez: Fantastic. Thank you for the presentation. Are there any questions from the council? And if you don't mind removing the screen share? Uh, so I can better see, There are questions. I'm not seeing any questions. So I will turn to the public. Would any member of the public on the line like to provide comment on this item? If so, please put the race hand button in Zoom or press star 9 on your phone. And once again, a timer will be displayed on the screen. Uh, we'll go ahead and allocate uh, 3 minutes. Bruce England.

[01:14:32] Bruce England: Thank you mayor. Um, I know that you had some letters on this and um, that's in your questions um, to staff, but. There are concerns about the sidewalk along there, and even though there are improvements that I guess are going to happen through public works, that's great. Um, but maybe the improvements need to go even further than their plan to be because, um, the street is not very friendly for bicyclists, which means bicyclists are going to tend to want to go up on sidewalk, which means that compromises pedestrian travel. So, um, I know Dawn was in the session earlier. I don't know if she's still there, but that's something really for public works consideration, I suspect. But otherwise, very supportive of the project. Thank you.

[01:15:18] Mayor Lucas Ramirez: Thank you very much. Next speaker, Evan Ma.

[01:15:23] Kevin Ma: Evening, Counsel, my name is Kevin Ma. I represented the League of Women Voters tonight. The League of Women Voters is in support of increasing the stock of Affordable Housing to decrease the number of residents at risk of becoming homeless. As such, we have been consistently in favor of 1020 Terabella, as has been going through these many months. We concur with the NoFA Review Committee and staff recommendations for this project, so that we can get this project faster to completion, and we also follow the work of Alta housing in keeping costs low. Thank you.

[01:15:53] Mayor Lucas Ramirez: Thank you very much. See no other, oh, actually, one more SP.

[01:16:02] Public Speaker: Hi, everyone, thank you. I'm actually a neighbor of this in particular community. I think this is a wonderful project. Um, one thing I'm just curious about is, um, you had the neighborhood meeting, but when are we going to, uh, are you going to have any other meetings that will identify what you've, um, come up with, the solution that you've come up with based on that meeting?

[01:16:31] Mayor Lucas Ramirez: And so we can't respond to, uh, resident questions at this moment, but um, we, we, a member of the council may, uh, ask that question at another time. Did you have anything else you wanted to add SP? If not, then we'll go ahead and move to Forrest Peterson. Oh, Forrest, you just uh, put your hands down. Please put your hand up for us if you intended to speak. If not, I will return to the council uh for deliberation and action. Uh, council member, Abi Koga.

[01:17:19] Councilmember Margaret Abe-Koga: Thank you, Mayor. Um, I just wanted to follow up on, um, Mr. England's comments if I, if I heard correctly, um, in terms of bike safety. I know we've talked about this before, but, um, I was hoping staff could confirm or clarify, um, I believe in, is, I don't know if it's the bike plan, but there's a plan that includes, um, bike lanes, I believe, on Terabella. Is that correct? If I'm, my recollection is. Right?

[01:17:56] Dawn Cameron: Uh, great evening, council, Dawn Cameron Public Works director, and thank you for that question, council member Abby Koga. Yes, we do include in the capital improvement program funding to do a feasibility study to add bike lanes along Terabella Avenue. Uh, we are just waiting until we have the staffing capacity to start that project we're estimating we'll probably start it by next spring or summer, have an assigned project manager to start looking at a feasibility study.

[01:18:29] Councilmember Margaret Abe-Koga: Great, thank you very much. And then in response to, I think it was S S P. Um, I don't know what, um, her, uh, I guess community input items were, but, um, I had some questions or, I had some concerns about the design of the building. Um, and I know I see Mr. Suda here, but, um, he was very kind to, um, talk with me more and um, follow up and there is, it sounds like there is um, quite a bit of refinement happening in terms of, uh, for me, it was like the bulk of the building, the color scheme, um, some elements, I believe on the corner, and, um, it sounds like all of that is being addressed by the, um, architect. So, um, if that was some of the concerns that were raised in the commute by the community. Um, it sounds like those are being worked on. And I know tonight is just for the NoFA appropriation, but I believe we'll probably see this project again for approval down the road. Thank you.

[01:19:36] Mayor Lucas Ramirez: You very much. Council member show, Walter.

[01:19:41] Councilmember Pat Showalter: Yes, um, well, I was very excited when this project came to the Nova Committee a few weeks ago because, um, we, I've known that this has been work, we've been working on this for a long time, and it's really been fascinating to watch it evolve. Um, the, I think that we, we really are to come in both public storage and Alta for working together to sort of rearrange their space. So it's better for both of them. But particularly, it will be better for the people who live in the apartment building, because they will be largely sheltered by the public storage facility from the freeway, and that's a great thing. You know, that will make their living conditions much better. It's also really exciting to see that it includes so many family units. Many of our affordable housing stock is just one bedroom or studios, and but we have a lot of families who need affordable housing. So, um, having such a high number of two and three bedroom, um, uh, apartments is a great thing. Then the other thing I would just like to, to do as, as kind of, one of the members of NOFA, the chair, no for this year, is to welcome, uh, uh, Deanna Tavera to the Mountain View City staff. I believe this is the first time she is presenting to the council, and she has come to fill the big shoes that Vera Gill, had, and fortunately, she and Vera were able to work together for a while, so that, um, Vera could impart some of her institutional knowledge to, um, to Deanna. And, um, so I just want, would like to, you know, welcome Deanna and thank her for, um, the, the great work she's done, uh, at this part of the project, and for many years of great work to come. Thanks.

[01:21:53] Mayor Lucas Ramirez: Thank you. Council member Metachek.

[01:21:56] Councilmember Lisa Matichak: Thank you. Yes, so welcome, Deanna. Uh, and uh, uh, 2 comments I specifically had, um, I, uh, appreciate the changes that I saw in the plans, uh, to the architecture. Um, there were a couple of pages in there that showed uh, the previous version and the current thinking, and I like the way it's heading. So thank you for making those, and I look forward to, um, any additional changes that are being made. Um, and second, uh, I want to, um, checkly call out the use of funds from many different sources. Um, I appreciate that because it certainly reduces the city's contribution, which means we have more for other projects. Um, and, um, on attachment too, um, You know, what I look at is the subsidy per bedroom, and it's the lowest one on the list. So that's awesome. And the subsidy per unit is one of the lowest. So, um, I feel like maybe this makes up for the other project that I know I had concerns about where the uh, subsidy was pretty high. So thank you very much. I appreciate it. Thanks.

[01:23:09] Mayor Lucas Ramirez: Thank you. completely agree. Council member Lieber.

[01:23:13] Councilmember Sally Lieber: Thank you, mayor. Well, I also wanted to give my compliments to all of the staff that are working on this. I think it's going to be a wonderful project. And uh, also the staff of of Alta Housing and the regional manager of public storage. And I especially wanted to call out, um, Ms. RT Shravasteva for being the matchmaker that noticed that there was a better use of space that would allow, uh, this project to go forward as it is. And that's a really wonderful development. in this. So thank you so much for that.

[01:23:54] Mayor Lucas Ramirez: Thank you Council member commit.

[01:23:57] Councilmember Ellen Kamei: Great, thanks. So I won't make the recommendation because I see the vice mayor after me, and I'm sure members of the NoFA committee want to make the recommendation. Um, but I want to, uh, echo the, the thanks to, to staff as well as the, The applicant, the partnership here. I know that it's been many years in the making. So I just want to say thank you for your patience with us, with the project. I think every iteration we see continues to get better and better, um, and really want to think the community for providing their their input. It's been really critical. Um, I, I, too, find that we're getting really creative in the different type of funding sources we can use and, um, really want to thank you for that, having affordable housing for our families is something that's extremely difficult. And here we are showing that it can be done. So I just want to say thank you for that. I also want to call out the 13.5 that the city will contribute. I know there's been discussions on the council about, you know, owning the land, the county or the city. Just want to reiterate that as much as possible. I really like opportunities where the city can own the land. Um, and uh, just want to make sure that we can see even more creative partnerships like this in the future. Thank you.

[01:25:22] Mayor Lucas Ramirez: Thank you. Bye, smear hits.

[01:25:28] Vice Mayor Alison Hicks: So 1st I want to say, to council member, may you're welcome to make the motion if you'd like. I, as a member of the committee, I take absolutely no offense. But I just wanted to 2nd what other council members have said that this is a great project. I won't list all the reasons because you all have done a good job and thank you to staff as well. I also wanted to thank members of the public, um, in particular, uh, Joel Dean and Bruce England, who brought our attention to the sidewalks, which is an ongoing concern of mine, whenever we build projects that are a little over the one and two stories that, uh, you know, that, uh, have constituted Mountain View in the past. You know, when we put more people on the side, Taller buildings, put more people on the sidewalks, and I like that members of the community are making sure that there is room for more people. We're also trying to get people out of the car out of their cars. And if we're going to do that, we need to make sure that there's room for them, and that they'll be safe on our sidewalks, and, hopefully, bike paths, as well. So I want to thank everyone very much for bringing that up, that item that's a constant concern of mine, and I'd like us to take care of it as we do these projects. And with that, unless people have additional concerns, I would move the staff recommendation.

[01:27:01] Mayor Lucas Ramirez: Thank you very much. Council member Show Walter.

[01:27:06] Councilmember Pat Showalter: I would like to second the staff recommendation.

[01:27:11] Mayor Lucas Ramirez: Thank you. Any final comments or questions? Not, uh, we'll go ahead and take the vote.

[01:27:19] City Clerk Heather Glaser: Hi, Mary Hicks.

[01:27:21] Vice Mayor Alison Hicks: Yes.

[01:27:22] City Clerk Heather Glaser: Council member show Walter?

[01:27:24] Councilmember Pat Showalter: Yes.

[01:27:25] City Clerk Heather Glaser: Council member Abbe Koga?

[01:27:26] Councilmember Margaret Abe-Koga: I

[01:27:27] City Clerk Heather Glaser: council member Kamei?

[01:27:28] Councilmember Ellen Kamei: Yes.

[01:27:29] City Clerk Heather Glaser: Council member Liber.

[01:27:30] Councilmember Sally Lieber: Hi.

[01:27:31] City Clerk Heather Glaser: Council member Matachek?

[01:27:33] Councilmember Lisa Matichak: Yes,

[01:27:33] City Clerk Heather Glaser: Mia Ramirez.

[01:27:36] Mayor Lucas Ramirez: Yeah.

[01:27:37] City Clerk Heather Glaser: Motion carries unanimously.

[01:27:40] Mayor Lucas Ramirez: Very good. Thank you, staff. Thank you all to housing, and everyone, uh, for your work on this project. We're looking forward to uh, approval. A later day, thank you. With that we'll move on to 7.2 SB 330 replacement requirements. And I have, uh, blurb to read. The council is being asked a narrowly scoped question about replacement units for projects subject to SV 330. State law is prescriptive in cases where previous tenants incomes are either below 80% AMI or where the household income of previous tenants is unknown. However, state law gets cities 2 options where it's required to be replaced have or has tenants with household incomes over 80% AMI. Staff is asking the council for direction regarding replacement units only for this particular category, where tenants incomes are above low income or 80% AMI. This does not represent the forthcoming work on the displacement response plan, which is part of the affordable housing strategy and is expected to come to counsel at a study session early next year. Housing specialist Anna Reynoso, Housing and Neighborhood Services Manager, Michaela Helming Tincher, and assistant city manager and community development director, Artis Ravastovo, will present the item, even though I feel like I've just given the staff report. If there's more to add, please do.

[01:29:15] Anna Reynoso: Thank you. Good evening to the mayor, vice mayor, and council members. My name is Anna Renoso, and I'm one of the housing specialists. This evening, I will be speaking to you specifically about SB 330 replacement requirements. As some of you may know, SB 330 went into effect statewide on January 1st, 2020, and Sunsets in 2030. This bill includes several requirements that must be meant by residential projects. Since going into effect, the city has reviewed several residential projects for compliance with the requirements. One of the key purposes of SB 330 is to prevent the loss of naturally occurring affordable housing through the replacement of protected units, and to address the displacement of lower, lower income tenants. While SP 330 includes several elements. This evening, we will focus on the specific provisions that give the city discretion relating to the replacement of protected units previously inhabited by households whose earn incomes above 80% of the area median income. As you can see here, SB 330 has different definitions for protected units, they include units subject to recorded covenant to make rents affordable for low income households, units subject to rent or price control. This is the case for most of the protected units in Mountain View as they are covered by CSFRA. Units occupied by low or very low income households, and units withdrawn from the rental market. SP 330 has different replacement requirements for protected units depending on the household income of the prior tenants occupying the demolished units. For the units where the former tenants earn low incomes or below, the unit must be replaced with units that are affordable to those tenants. For units where the former tenant income is unknown, staff utilizes federal data on Mountain View renters to make an assumption about the former tenant. As you can see by the table, column 3 is where the city has discretion. SB 330 allows the city to decide what to do in cases where the prior tenets of a protected unit earned or were presumed to earn more than 80% of the Ary Median income. In those cases, the city can decide to require that the units be replaced as deed restricted units at 80% area median income or below. Or to be replaced as rent stabilized units starting at market prices, but stabilize going forward. This provides an opportunity for the city to decide the course of action in cases where the previous tenants earned above 80% of the area median income. Staff recommends option A, replacing the units at 80%, area median income deed restricted units. Council direction on this will help staff provide direction to developers as project move through the entitlement process. Council direction is particularly important because some of the projects qualify for ministerial approval and will not come before council for approval. One of the reasons staff recommends option A is because when we analyze the actual rents of CSFRA units, we found that they were rather close in rent to what a deed restricted 80% area median income unit rent would be, thus making the units naturally occurring affordable housing. If the units are replaced as new rent stabilized units, the initial rents will be at market rate for new units, which would likely be considerably higher than prior rents. However, if the units are deed restricted to 80% area median income, they would remain affordable, resulting in known net loss of affordable units. We also recommend option A due to the administrative issues associated with creating new CSFRA units. Staff recommend that council approve a policy to replace SP 330 protected units where the prior tenants earned over 80% of the area media income with deed restricted units at 80% area median income or below should cancel, approve this recommendation, staff will immediately integrate this into its policies and procedures. I'll now turn it over to council.

[01:33:49] Mayor Lucas Ramirez: Very much, Hannah. Um, and if you wouldn't mind uh, removing the screen share. Um, that'd be helpful. Thank you very much. Council member show Walter?

[01:34:00] Councilmember Pat Showalter: Yeah, um, thank you for this uh, staff reported for getting to this issue. I mean, it's something that's really important to our community. But, I'd just like to kind of ask you a sort of a basic question. If I'm somebody who lives in one of these apartments, um, that's going to be redeveloped, and I make, um, just a little bit over 80 AMI. What's the process gonna be like for me? What's gonna happen to me? You know, um, can you kind of go through that for us? Does that make sense? Was a question?

[01:34:40] Anna Reynoso: Uh, council member, Alaska, uh, our housing and neighborhood services manager, um, Michaela Hellman Tincher, who can probably go through that for you.

[01:34:49] Michaela Helming Tincher: Thanks. Thanks, council member, show Walter. So if you're in that case, you'll get a notice that your property is under consideration to be demolished, just like everyone else, and you'll also get noticed with information about your rights. Under the city's tenant relocation assistance ordinance that you can exercise if you qualify, which you may not do to your income. Um, then when the property is demolished, you'll, you'll get a notice about 6 months in advance to, to move and you'll have to move to another location. Sometimes developers have other properties on site or in the city that they can offer to tenants and sometimes people of all incomes take advantage of that opportunity. So that may be available to you, but we can't guarantee that, although it is something we're actively pursuing in cases like this. Um, and then when the property is rebuilt, there will be market rate units, and there will be deed restricted affordable units, and you will be able to exercise your 1st rate of refusal for one of the market rate units, not one of the deed restricted units.

[01:35:50] Councilmember Pat Showalter: Okay, so 1st write of refusal. That means that I'll be able to show up to the rental office, and I'll essentially be at the front of the line for people who are trying to rent for this, um, uh, to rent these new apartments, right?

[01:36:10] Michaela Helming Tincher: Correct.

[01:36:11] Councilmember Pat Showalter: And will I be given notice that this rent process is starting? Because sometimes, um, well, it seems like sometimes these things aren't well advertised.

[01:36:24] Michaela Helming Tincher: Yes, I don't think we have a lot of experience with this part of the process yet. We've not encountered this end of the story very many times, but, um, we work really hard to maintain contact information through our relocation specialist for anybody who's been displaced. And then we send notices out when there's opportunities to rent. The good news is that in these cases, we'll also have a really good understanding that the property is available for rent because they'll be notifying us to make them available through our BMR program. So we'll have multiple ways of knowing and making sure we notify folks if they are able to maintain their current addresses with our relocation specialist.

[01:37:04] Councilmember Pat Showalter: Okay, thank you. That that helps um. I think we need to, you know, it helps to hear it as a story. Thanks.

[01:37:14] Mayor Lucas Ramirez: Very much. Council member Medachek.

[01:37:17] Councilmember Lisa Matichak: Thank you. Um, So I was wondering if we have any projects um, either in the pipeline or anticipated, where this issue is going to come up, either going to the zoning administrator or the council.

[01:37:34] Anna Reynoso: Um, council member, Mattachek, we have one item that's actually going to come to council at the next meeting. Um, there's a project at 870 El Camino, where this issue is coming up. Um, in addition, I believe there was one other project that was ministerial, Michaela, you could tell me if I'm wrong, but there was one and um, we we needed this determination in order to apply to the project. Which project was that? Do you remember?

[01:38:04] Michaela Helming Tincher: Um, not off the bat. Um, I don't think the developer had submitted a formal application yet. but they were considering doing the one. I don't have the address handy.

[01:38:16] Councilmember Lisa Matichak: Okay. But it hasn't been approved yet because you needed this.

[01:38:20] Anna Reynoso: Exactly.

[01:38:21] Councilmember Lisa Matichak: Okay. Um, and I was just wondering, um, if staff had considered another option, which is let the applicant decide which they want to do. Or can we not do that?

[01:38:33] Anna Reynoso: Um, council member, we don't have that option. We only have two. One is the 80% of below or you could, um, um, have it go back to market rate and then be subject to run control. So there was no 3rd option that the state allows us to like.

[01:38:48] Councilmember Lisa Matichak: Okay, thank you.

[01:38:53] Mayor Lucas Ramirez: Very much. Council member commit.

[01:38:56] Councilmember Ellen Kamei: Great, thank you. I do have a question, but I think the project that staff's referring to is the reserve. Is that right?

[01:39:02] Anna Reynoso: Yeah.

[01:39:03] Councilmember Ellen Kamei: I just had a meeting with them yesterday. So that's why it's talk of mine. So, you know, kind of, with that particular issue, given 2 weeks ago when we talked about the affordable housing strategy, I think I have like a more high level question, which is, you know, how, do we see this playing into the displacement strategy? You know, because I think one of the things, it's great to hear they get, for straight or refusal, they'll be in the front of the line. Should they go over the 80% AMI, but I think we're still in the, um, I think there's still some, some issues there. Um, and maybe staff could illuminate, you know, the different puzzle pieces we're looking at to address it, aside from what we need to talk about tonight, um, which is option A or B for SB 330. Thank you.

[01:39:52] Aarti Shrivastava: Um, uh, council member, thank you for that question. Um, the displacement response strategy, um, was, we know that SP 330 is gonna last 10 years, but it's not forever. And really the displacement response strategy was to be mountain views, um, you know, strategy to protect units that needed to be um, replaced. And so, It is gonna, um, take the place of SV 330, should it sunset.

[01:40:21] Aarti Shrivastava: Obviously, state law will continue to control. But beyond that, um, I think our experience with, um, just projects in general have made us better prepared as, as, um, uh, Michaela mentioned. We're learning more about how to put policies in place to be able to offer trail, understand when there are additional requirements that apply, making sure that we can work with the property owner to find other places, even if people don't qualify. And then, um, you know, make sure that we're putting a framework in place to contact people when it's time for them to come back to exercise their 1st ride or return. So we're working holistically in procedures. But the displacement response will essentially look at, um, you know, if if a project removes units, then, um, you know, what percentage of the units should be replaced. Um, you know, what level of income should it be replaced? And it would, um, we're doing um, a lot of analysis this year in order to bring it to council early next year in the form of a study session. Um, so the council can review and provide us direction before we go ahead and implement these policies for the city.

[01:41:41] Mayor Lucas Ramirez: Great, thank you. Thank you very much. Eisner Hicks.

[01:41:49] Vice Mayor Alison Hicks: Well, I thought staff did a wonderful analysis of the, of the various choices we had and which would be the best choice... and was just gonna go with the staff recommendation until... and I still want to do that. Um, until, uh, council member Showalter asked for the, the story of how, of what would happen if you were, uh, a tenant involved, confronted with this particular, um, situation. And to me, that just brought up the importance, which maybe, this is maybe what council membership holder was getting after, but the importance of clear noticing, to the tenants. And, um, in particular, what what it brought to my attention was, if I were a tenant, and I were moving, that you might lose me at some point, and I might know, not be aware that you needed to keep in touch with me. So, the piece that I learned from you telling that story was that I think it would be very important to give people that story, give people a notice upfront about, as I move out, the importance of staying in touch, because sort of the string of events that I'm gonna confront, and that at some point, I'm gonna want to walk back into that office and be the person who goes to the front of the line, and that you don't want to lose me in the interim. So, I... So, the thing that I've learned tonight is the importance of clear noticing up front, and I hope that you can all take that into account. Otherwise, I completely endorse the staff recommendation. Thank you.

[01:43:36] Mayor Lucas Ramirez: Thank you very much. Council member Lieber.

[01:43:40] Councilmember Sally Lieber: Thank you, Mayor. Um, I had similar thoughts come up about, um, uh, are we getting multiple ways of reaching folks? So that, um, you know, in pointing out, like if you want to text, if can you give us a backup email and and all those good things because, um, I think it's really easy for things to go to a spam filter and folks to not get what they're entitled to. You know, right now. So I'm seeing heads nodding in the affirmative, so that's great. Thank you.

[01:44:17] Micaela Hellman-Tincher: If I may just clarify, we, this is a fairly new process for us, and we're learning more and trying to brew. Um, and we're making this, um, a key communication feature in the initial notice that goes out to people to tell them what is going to happen depending on their income levels. And we also are now including a notice to say you, you, uh, if you, you may qualify for a forthright of refusal when the newer units are built, or if the project doesn't move forward and the property owner decides to return the units back to the rental market. So we do ask for that contact information and they now understand why we want it, um, so that we can contact them. So we have certainly updated our procedures to reflect some of these changes.

[01:45:10] Mayor Lucas Ramirez: Thank you. Are there any other questions from the council? If not, would any member of the public on the line like to provide comment on this item? If so, please click the raise hand button in Zoom or press star 9 on your phone, a timer will be displayed on the screen. Um, and we'll go ahead and allocate 2 minutes. 1st speaker is Emily Anne Ramos.

[01:45:38] Emily Anne Ramos: You hear me?

[01:45:39] Mayor Lucas Ramirez: Yeah.

[01:45:41] Emily Anne Ramos: All right. Um, my name is Emily Anne Ramos. I'm speaking on behalf. of Silicon Valley at home or SB at home. Um, before the passage and implementation of SB 330, not have you experienced a significant loss of rent controlled units as properties were demolished and replaced by new homes that were unaffordable to the vast majority of those being displaced. Now, the passage of SB 330 provided a framework to address this very problem, and we are in strong support of city's ongoing work to create their own local replacement part requirements, ordinance. Now, as for this item, we support staff recommendation to require put replacement units, be heed restricted at low income, low income affordability level or lower when CSFRA units are being replaced under SP 330 and the former 10 of the former 10s earn above 80% AMI. Now, this is an important piece, but only a piece of a more comprehensive policy framework that is under development. As part of the city's, this plus that displacement response strategy, Mount View Council will be creating their own local replacement requirements, but the goal of improving on the foundation that's created by SB 330. Now, uh, council has the opportunity to, uh, reaffirm that there, uh, that is important to address the needs of households with incomes between 80 and 120% A area media income when the study session comes before council. It will also be an opportunity to explore incentives to create more affordable housing beyond the replacement requirements upon redevelopment. FB at home is proud to be a part of the partnership for the base future breakthrough grant with the city and the housing trust of Silicon Valley, which will be providing supportive resources and assistance in facilitating public engagement, refining policy details, and supporting implementation of this local policy. Thank you so much for your time and your work on this. Um, Let's go.

[01:47:32] Mayor Lucas Ramirez: Thank you very much. The next speaker is Tim McKenzie.

[01:47:37] Tim McKenzie: Uh, I'll 1st 2nd previous speaker who was more comprehensive and eloquent than I have any hope of being, so I won't bother trying to compete. Um, but, uh, ever since I, I've, uh, lived in Mountain View. It felt like there was always rent controlled apartments being torn down for market rate units. So it's great to see this. Thank you staff for a really clear presentation about sort of what's at stake in setting at 80% AMI. Um, it sounds like an excellent way to, to do this. It seems great. And since SB 330 is sunsetting and at the future council study session, I mean, as I'm not a lawyer, or I don't understand how all of this stuff works, but as a member of the public, I'd love to see a municipal adoption, Mountain View adopting a local version of SB 330 and doing as much as we can to maintain naturally affordable housing in our community. It really struck me at the human relations committee, housing presentation earlier in the year, how many people talked about growing up in Mountain View is always an economically diverse community, but they're not seeing that anymore. I know there's someone who, uh, comes to council meetings and speaks, uh, fairly frequently and says, says that, that they grew up here, and they know that all their friends can't afford to live in the place that they grew up. So, being able and taking concrete action to make sure that Mountain View remains an economically diverse community that's open to all, I think, is fantastic. So thank you. This seems great.

[01:49:16] Mayor Lucas Ramirez: Thank you very much. The next speaker is Kevin Ma.

[01:49:21] Kevin Ma: Evening and gang council. My name is Kevin Ma, again representing the League of Women voters. The League of Women Voters, supports the retentionist subsidized housing as Affordable housing. As such, we agree with the staff recommendation that for the discretion council has, that it should be placed on deed restricted in perpetuity units, as opposed to units under CSFRA. We also thank the council for asking the question we brought up in our letter about the use of chas data. Though we are concerned that, again, that the child stated may not be the most accurate. The newest one, which was released four days ago, is from 2015 to 2019, and the difference between that and the year before is 3% in the percentage, in the under 80% category, which means there would be perhaps a few units shifted, and that we... Currently, there is, in the municipal code, under density bonus products, supposed to be a questionnaire given out to developers, that's Section 36, 4890D, under replacement determination. And perhaps it should be clarified, whether that actually is currently being enforced, or the decision has been made to ignore that for now, in which case, for the purposes of greater transparency, we would like to speak. asked. Thank you.

[01:50:34] Mayor Lucas Ramirez: Thank you very much. The next speaker is Alex Brown.

[01:50:40] Alex Brown: Well, I agree with the previous speakers. Thank you.

[01:50:50] Mayor Lucas Ramirez: Thank you. Seeing no other members of the public, public wishing to speak, uh, I will now bring the item back to council for deliberation and action. There is no deliberation. The motion is in order. Council member, Abby Toko.

[01:51:08] Councilmember Margaret Abe-Koga: Thank you, mayor. Um, I'd like to ask, um, think staff as, as usual for, um, the staff report and for the work on this, as we try to navigate through all of the state legislation that's been, um, uh, implemented in our, um, our adoption of the, um, of those, um, pieces of legislation. I do support staff recommendation. Um, I think that, um, to, um, have, uh, units, subsidize units in perpetuity that are, um, income qualified is very important to me. Um, and so, um, I think this is a, a good decision to, um, so I will be happy to, uh, support it and, you know, council member, or vice mayor has her hand up, but if, um, I could go, I can just go ahead and make the motion.

[01:52:03] Mayor Lucas Ramirez: Okay,

[01:52:04] Councilmember Margaret Abe-Koga: um, so I will move staff recommendation and I don't think I need to, I need to. Read anything.

[01:52:15] Mayor Lucas Ramirez: I don't think so. No, it's not the smooth stack recommendation.

[01:52:20] Councilmember Margaret Abe-Koga: Thank you.

[01:52:22] Mayor Lucas Ramirez: Thank you. Nice Mayor Hicks.

[01:52:25] Vice Mayor Alison Hicks: A 2nd emotion.

[01:52:28] Mayor Lucas Ramirez: Thank you very much. Any final comments or questions? If not, we'll take the vote.

[01:52:36] City Clerk Heather Glaser: Council member, Abi Coca?

[01:52:37] Councilmember Margaret Abe-Koga: I,

[01:52:38] City Clerk Heather Glaser: Vice Mayor Hicks.

[01:52:39] Vice Mayor Alison Hicks: Yes.

[01:52:40] City Clerk Heather Glaser: Council member Kame.

[01:52:41] Councilmember Ellen Kamei: Yes,

[01:52:42] City Clerk Heather Glaser: Council member Lieber.

[01:52:43] Councilmember Sally Lieber: Aye.

[01:52:44] City Clerk Heather Glaser: Council member Mattachek?

[01:52:46] Councilmember Lisa Matichak: Yes,

[01:52:46] City Clerk Heather Glaser: Council member, Shalter.

[01:52:48] Councilmember Pat Showalter: Yes.

[01:52:49] City Clerk Heather Glaser: Mayor Ramirez.

[01:52:51] Mayor Lucas Ramirez: Yeah.

[01:52:52] City Clerk Heather Glaser: Motion carries unanimously.

[01:52:55] Mayor Lucas Ramirez: Fastic. Thank you very much and thank you, staff, for working on this important item. And that concludes the regular business and we'll proceed down to council staff and committee reports. Is there any council staff and or committee reports? Council member, okay?

[01:53:15] Councilmember Margaret Abe-Koga: Thank you, mayor. Um, just a couple of uh, report outs. Um, at the last VTA board meeting, uh, couple of weeks ago, um, there was an item that was approved to, um, approve, uh, MOUs with the city of Mountain View, um, and the city of Palo Alto, but, um, this was to move forward with our Rangsdorf grade separation project. And if I remember the exact amount, I believe it's $42000000 that was approved through the measure B fund. So that project is moving along. I'm very excited about that. Um, and, and, and, um, related to that, um, I was asked by the chair. VTA board chair to serve on a new ad hoc committee on grade separation. So I will be doing that for at least the rest of the year. Um, and, um, so yes, I'm very excited that that project is moving along. Um, there's discussion, um, Caltrain as well. I've been, um, I'll be talking with them, um, about how to, um, maybe it's to look at all of the grade separations, projects and see how we can move them along more quickly. Um, but I'm excited because from everything I'm hearing, our rangster project is, um, at the top of the list, um, of potential funding. So, um, hopefully that'll happen sooner than later. Um, I also attended the Bay Area Housing Finance Authority committee meeting, and um, there are several projects that are moving forward. Pilot projects. One, is a doorway, portal, pilot. And this is like a website where, um, they compile all of the affordable housing units that are available in the Bay Area. So, um, folks can go there to look, if they're looking for affordable, um, units, they can go onto this website and and find what's available in the whole Bay Area. And so, um, we approved a 1000000 or we are recommending approval of a $1000000 contract for the web design of that, that, um, doorway portal. And, um, also, we are looking, or we are moving forward with some preservation projects and um, offering pre-development and technical assistance through our reap funds that we receive. Um, so, um, we are just trying to get some program pilot programs up and running, um, as we prepare for a potential balance measure. Um, and also a happy note, I know several of us attended the fire department academy graduation for lateral firefighters, and it was just a, um, very impressive group of, um, firefighters who, you know, who have come from other departments, and, and some, when you when you leave, you actually have to start from the bottom and work your way up again. And so I believe there was one gentleman who was a fire captain and he came over to be a firefighter. And I asked him, well, you know, why are you sacrificing so much to come to Mountain View? And his response was that um, he just, you know, he came to visit. uh, on recommendation of uh, one of our firefighters and was just really um, impressed by the, the warmth, the, the team, um, family spirit of our fire department, um, of our chief is, you know, great leader. And, um, so that was just very, um, you know, it was very, it was a proud moment, uh, for, for, I thought for us and our fire department. So kudos to our fire chief and the entire department for that. And the exciting thing also is that we are now fully staffed in the fire department, which is an amazing feat. Um, and so um, again, congratulations to our fire department. Thank you.

[01:57:24] Mayor Lucas Ramirez: You very much. Council member command.

[01:57:27] Councilmember Ellen Kamei: Great, thank you. Wanted to share that I attended the League of California City's annual conference last week and represented the city as the voting delegate. Um, it also ended my tenure as president for the women's caucus. Um, so, uh, it was great year of service. So that's it. Thank you.

[01:57:50] Mayor Lucas Ramirez: Thank you very much. I'm a member show, Walter.

[01:57:58] Councilmember Pat Showalter: Sorry, my mute button got slid down to the bottom line screen. Um, 2 things quickly. Um, one, I went to the firefighters, uh, ceremony too, and I was really impressed by it. All of the things that Margaret said are, you know, are so true. But another thing about it that really struck me was that one of the parts of it was to take the oath of office. And, you know, with all the talk there is on, in the national news about oaths of office. It was really moving to me to watch these individuals who were, you know, joining the Mountain View staff to take the oath of office to support and defend the Constitution of the state of California, and the United States, just like we all did. So I just wanted to bring up that, you know, that that oath of office. is really woven, you know, into the fabric of our community life, not just, it's not just something that we see on the national news. And, um, that, you know, that kind of, uh, hit me. So, um, on a more mundane level. Yesterday, I attended the Palo Alto City Council study session on the recycled water plants that we are working on with them and valley water. Remember, we're talking about two plants. A smaller one will be at the Palo Alto treatment plant itself, and that one will produce water for our use and the use of other of the treatment plant partners. That's basically us and, um, the city of Palo Alto. East Palo Alto and Los Altos are also members of the treatment plant, but they don't have. They haven't asked for any recycled water yet. So that's one plant. And then, and we would control that water. I think that is an important takeaway message for everybody. You know, long term control of that water. The 2nd plant, and that would treat a lot of the remainder of the water that isn't treated by the small plant, um, uh, is planned to be built on the site of the Los Altos water, um, wastewater treatment plant that has been out of service since the mid '60s. That is at the terminus of San Antonio Road, um, kind of across the street from, uh, well, it's on the Palo Alto side of, of San Antonio Road. Um, and, um, So, that site would treat water that would be used for the whole county, and Valley water would control that water supply, um, not us. Um, the first, the 1st plant, um, there, there at 90% design. That plant, the 90% divine is expected to be finished in a few months by the end of the year. So they're well along on that project. One of the main things that was discussed at this study session was the cost escalation that has occurred. Apparently, the cost estimate that was initially done was based on a very not a sufficiently detailed feasibility study. So it wasn't very robust. And now that they've gone and done it in detail, and, of course, we've had a lot of, um, there's been a lot of inflation, of building costs and stuff. It's gone up a lot. So, the city council was very, very interested in those cost escalation, and where we could get the money to pay for it. And I'm sure it will become coming back to us, um, at some future time about where, um, how we would pay our our share. Um, The Palo Alto council has asked their staff to develop a detailed business plan, um, about the, include the cost of these two plants, to look at them, if they were combined and to look at them, uh, individually. And that would include the cost to produce those plants, to build the plants, design the plants, build the plants, permit the plants, as well as the cost to operate the plants, and the revenue that we might expect to receive over the years by selling that recycled water. So, I just wanted to share that, um, does it happen? And, you know, um, it's, uh, I'm sure that we will be hearing more about it from our staff and the ensuing months. That's that's it for my report. Thank you.

[02:02:56] Mayor Lucas Ramirez: Council member of Big Tokyo.

[02:02:57] Councilmember Margaret Abe-Koga: I'm sorry, Mayor, I forgot one other thing. Um, I've been, um, approached by other council members in other cities about, um, what our plans are in terms of, um, going back into in-person meetings and offering hybrid meetings. And, um, some issues that came up, uh, issues that have come up, um, or, um, things like, um, you know, what are, uh, I, I know the, intent is to allow the public to continue to call in in hybrid meetings, but, uh, for council members. Um, you know, my my expectation is that we're going to all come back in person. Um, but apparently that's been debated in other cities. Um, so it just dawned on me that perhaps we should probably begin to, um, you know, set policies on how to, we, we would conduct um, hybrid meetings. And yes, my expectation is that we all, as council members will be back in person. But, um, I, as a result of that, I, I wanted to see if I could get support from, um, my colleagues to refer this issue of policies around hybrid meetings to the CC, CPPC, the council procedures, policy and procedures committee, to to, um, look at these issues. Um, you know, even things like absences or when a city council member could call in, like, I would, you know, look at like family emergencies or health issues, but other than that, that we come in person. Um, so I was hoping to get council support on looking at those policies and having the CCPPC come back with recommendations on that. Um, but the other part of this is, um, in, you know, discussing this, um, also with staff, um, there's a lot of noticing issues that, um, you know, we have, um, and it's a little challenging because we don't have a date certain as to when we plan to come back into, uh, in person. Um, so I know that we had agreed to follow the county, what they were doing, but, um, and just procedurally, it seems like it's um, challenging if we don't have a certain date, date certain. So I was going to, um, I'd like to propose that we look at, um, setting a date and, you know, it can be in like December even just to give everyone time to prepare and be ready to come back in person. Um, but that, I think we should set a date certain, um, so we can actually, we can, to prepare for all of that. So, um, could I, I guess, should I ask for a show of hands for the 1st part about all the safe, um, CPPBC, making policy recommendations. And then I don't know if I have to bring it back the 2nd piece about a date certain for in-person meetings.

[02:06:01] Mayor Lucas Ramirez: If you don't want any app staff, I know we have a CPPC meeting coming up pretty soon, um, is the turnaround. Uh, is, is this something that we could realistically incorporate into that agenda or, um, uh, what, what staff sense of timing for consideration?

[02:06:21] City Attorney Jennifer Logue: Good evening, this is um, Jennifer Logue. Um, city attorney. Um, I think that we could open the discussion on policies. We could agendize, you know, as a discussion item for the CPPC on policies, um, for, you know, hybrid meetings. We may not have it all drafted. you know, by the 28th, but I think we could certainly open the discussion and and present some ideas and then come back, um, with, you know, a proposed policy. So I think that could be done by the 28th.

[02:06:59] Councilmember Margaret Abe-Koga: Okay, that's that's helpful. So I guess we'll do a straw motion to see if there's support for that referral.

[02:07:08] Mayor Lucas Ramirez: Okay, so yeah, the strong, um, the.

[02:07:11] Councilmember Pat Showalter: I was gonna make a comment.

[02:07:14] Mayor Lucas Ramirez: Um, sure, council number show, Walter, and then we'll take the same question.

[02:07:18] Councilmember Pat Showalter: Yeah, I I just, I would like, sort of, to hear a strong motion. Is there anybody who expects that they're not going to come right back regularly? I mean, I'm wondering if this is a real problem we have. Because I'm certainly expecting to, um, uh, come back right here. I know when we discussed it previously, uh, council member, uh, Mattachek said she was, she was, so is, is that, is that a problem we expect? I mean, we certainly have a strong custom of, um, showing up at council meetings very regularly, and, um, I don't know if we need to make that a policy. But I guess that would be my question. What do we really need this?

[02:08:01] Mayor Lucas Ramirez: If I could... We... I don't know if we can deliberate... deliver it at length here, but I think that the technical issue is, I believe, correct me if I'm wrong, staff, council members are currently able to participate remotely if they want to. And so it would be a policy question of a requirement that members of the council participate in person, or if we want to allow exceptions to uh, that, uh, to that requirement. So that there is a policy question. I mean, this happens in San Jose all the time, regularly, members of the council are not physically present for their hybrid meetings. Um, and there is no requirement for them to, to, to be specifically person. So I think, I'm not mistaken, that would be the policy question. For the CPPC and then the city council. Um, so hopefully that's, uh, council number committed. Did you want to speak to this before we go to the item?

[02:08:55] Councilmember Ellen Kamei: Yeah, I mean, I don't, I'm not looking to necessarily discuss, but I, I do want to say that I thought that there was an existing policy that we had where in extenuating circumstances if a council member was, you know, traveling or something when we used to work that we would be able to do a telepresence in. I mean, I would assume that that would be the exception, and I'm hopeful that, you know, as we are coming back to council meetings as people are having to go back to work or to travel for conferences, that that would remain an option. And I don't know if there would be synergies with what's getting proposed on that policy, which I'm assumed still exists. Um, and so I just wanted to put that out there. Not for necessarily discussion today, but for the CPPC.

[02:09:40] Mayor Lucas Ramirez: Thank you. Thank you. Yes, I think there's a, this is a more complicated matter than it may appear to be superficially, so I'm looking forward to the staff, um, presentation on that item. But it has been referred to the CPPC. And then for the 2nd item, I, I, and turning to staff again, typically we've, we've had this discussion about when we're coming back. Um, when we've had the AB 361 resolutions or the extensions, is that, should we wait for that item? I think it's on the next council agenda or is it appropriate for the council to provide direction on this tonight.

[02:10:21] City Attorney Jennifer Logue: On the, I'm sorry, is this related to the, the date coming back for hybrid? Yeah. Yes. I mean, I don't, I don't think that you have to provide direction or take action on that tonight. I mean, I think that's up to you. Um, You know, I don't know if. Are you going to, are you interested in, in, picking a date or is this? I'm not sure.

[02:10:50] Mayor Lucas Ramirez: Can you council member Abaco, but can you remind me of what exactly the request was with regard to that?

[02:10:57] Councilmember Margaret Abe-Koga: Yeah, so, um, it was to pick a date, um, because according to my conversations with, uh, some of your staff, um, it's very hard, like if we have to schedule public hearings and so forth, we have like certain, right, I believe, dates, the days that we have to do it in advance, and we have to notice whether it's gonna be in person or hybrid, and so it just sounded like, um, it was time for us to pick a date, um, to come back in person for all of those procedural issues. Um, and yeah, so I guess I felt that in light of the new, um, booster coming out. Um, I checked at the county numbers and I know there's not a, there's some non-reporting going on, but our numbers are like under 300 now. It's probably, you know, I think it's safe to at least, to pick a date. And then, you know, I would suggest just to give folks and staff time to prepare just the 1st meeting in December. I don't know what that date is, but just go ahead and pick a date. So we can start doing all the preparation for that.

[02:12:09] City Attorney Jennifer Logue: Okay, sorry, um, now I understand and, um, It is true that, There are some complications with not knowing, you know, when exactly we're going to come back in person. Um, I don't have any issues in mind. There's a past one that we're having to deal with because we thought we would be back, you know, in person and hybrid. By now, um, and a notice of intention went out. month, you know, maybe more than 30 days ago, and so we're having to adjust because we're not back in person. So I think, um, what council member Abikova is is talking about is, to the extent that happens again, where we have to provide, you know, notice that is well in advance of the meeting. Um, knowing whether or not we're going to be in person or hybrid is is helpful. So I don't know that you need to, you know, decide on a date tonight. Um, you could, or you could, you know, discuss it at the next meeting, but I'll let, you know, I don't know if Kimbra has any thoughts on this issue. Um, with regard to, you know, picking a date.

[02:13:26] City Manager Kimbra McCarthy: Uh, thank you, city attorney. So I would suggest that if council members have a preference tonight, it would be easier for staff to to have you all do a straw poll, just so that we know which direction that you're wanting to go, um, certainly you can refer it to the CPBC as the city attorney said, um, they will have a discussion about it at the end of the month. And then we could bring, um, that update back to council in, well, it would be in October. is when it would come back to council. But if you all have a preference tonight, it would be easier to take a straw pole and give us direction.

[02:14:13] Mayor Lucas Ramirez: Thank you. Council member reliever. I think you're next in the queue.

[02:14:18] Councilmember Sally Lieber: Thank you mirror. Um, well, just, I think it was several meetings ago that we discussed this last and took a vote on it. And our vote at that time was to continue our practice of looking to, uh, the what the county was doing. Um, and uh, to, uh, look at them as good source of public health information. Um, rather than just kind of sticking a steak in the ground. Um, so if uh, if council policies and procedures takes a look at this, um, I'd love to have staff look at what the counties thinking is on it. Um, because I know that different entities have, have, and indeed we did, pick a date, and then pull that back, and then pick a different date and pull that back. And, and I think that, uh, the county, uh, as the public health authority really has the, the best information and, and sadly, um, none of us are fully in control of the virus. Um, so I'd like to, um, see information coming forward from the county rather than, uh, just sort of a seat of the pants. How do we feel?

[02:15:49] Mayor Lucas Ramirez: City manager, did you want to speak to?

[02:15:51] City Manager Kimbra McCarthy: Yes, mayor, thank you, just to clarify. So the latest update that staff has received from the county is that they were intending to talk about coming back in October. Um, I should know more. I am attending a citywide or excuse me, a countywide meeting tomorrow. Um, so I will hopefully know more if their board is intending to come back in October or later. I will note that just uh, recently, the county did rescind all of the its health orders. So, uh, we have uh, made changes to some of our COVID-19 policies uh, due to those health orders being rescinded. So just, just, I want counsel to just note that. But certainly we can take this to CPPC, and then land on a date, and hopefully we'll know more by then, what the county is going to be doing.

[02:16:48] Mayor Lucas Ramirez: Thank you. So I thought we were talking about 2 different things here. One, what I thought we were referring to the CPPC was generally how we would run hybrid meetings, and we talked about several permutations of that, which I won't review, because you probably all remember them from several moments ago. Um, and then I thought that the second question, which is kind of different, that council member Abbe Kogo had brought up is, should we set up a date fairly certain? I mean, you can never be completely certain with pandemics, but a date fairly certain for coming back, because we've run into problems with noticing if we don't do that. Um, so I don't know if that, if we can do that. And I thought that was not really a CPPC thing, although I suppose it could be. I thought that particular piece, if we set it far enough in the future, like, council member Abby Koga had said, was one that we could either make tonight, or as somebody else had suggested when we make our next vote on continuing hybrid meetings, maybe it would fold into that. So that's my understanding. Um, and so I think we have, correct me if I'm wrong, decided to refer how the hybrid meetings will operate to the CPPC, but the question about the date seems to be one that we either make tonight or with the, um, or along with the next time we revisit, uh, the whole issue of meeting remotely.

[02:18:33] Mayor Lucas Ramirez: Thank you, a city attorney.

[02:18:36] City Attorney Jennifer Logue: Thank you. After listening to the discussion, I'm thinking that it might be best so that we can have public participation, you know, since this is really something that's gonna probably be action, is maybe to refer this to the CPBC, to, you know, discuss it and maybe get a report, you know, from Kimber on what the county's doing, and then we can bring this back and discuss this under the item where we adopt the AB 361 um, resolution, and at that time, because it's appropriate under that item to discuss coming back and maybe setting a date. And then that way we can have public comment, you know, proper public comment before actions taken.

[02:19:23] Mayor Lucas Ramirez: Thank you. Everyone comfortable with the city attorney's recommendation. It looks like, yes, we are comfortable with that, so that is when we will have this discussion. Thank you. Any other items or questions or comments? Not, then we will turn to, uh, the closed session report, city attorney Log, do you have a closed session report?

[02:19:47] City Attorney Jennifer Logue: I do, um, in close session this evening. City council took final action on item 2.2 on the close session agenda, which was a conference with legal council regarding a liability claim filed by Chandra Arnold against the city of Mountain View. Chandra Arnold submitted a claim to the city of Mountain View seeking $2 million. for injuries and damages. She sustained while writing Valley Transit Authority Bus. Ms. Arnold Claims. that the bus driver's negligent driving caused her to fly forward from her seat and injure her head, her neck, and her back. Counsel voted with 7 eyes, 0 nose, and 0 abstensions to deny the claim, because the Valley Transit Authority owns and operates the bus. Ms. Arnold was riding at the time of her accident, and the Valley Transit Authority is a legal entity separate from the city of Mountain View. Thank you. That's the only report.

[02:20:49] Mayor Lucas Ramirez: Thank you very much. It is 8.21 p.m. I predicted an end at 7.30. The voters will hold me accountable in November. Thank you so much for joining us. The next city council meeting will be held on September 27, 2022. Until then stay healthy. The meeting is adjourned. Thank you very much. Take care.

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