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November 12, 2024 Regular Meeting of Mountain View City Council

Video

Agenda

Speaker Summary

(18 speakers)
SpeakerWordsTime
Vice Mayor Lisa Matichak4423m
Councilmember Alison Hicks2,51019m
Councilmember Margaret Abe-Koga1,2228m
Councilmember Pat Showalter1,0928m
Councilmember Lucas Ramirez1,2817m
Councilmember Ellen Kamei5954m
Councilmember Emily Ann Ramos3442m
City Attorney Jennifer Logue49<1m
City Clerk Heather Glaser90<1m
Principal Planner Diana Pancholi1,2068m
Community Development Director Christian Murdock6803m
Maria Marroquin2912m
Finance and Administrative Services Director Derek Rampone3462m
Assistant Community Development Director Lindsey Hagen138<1m
Senior Assistant City Attorney Mitesh Bhakta80<1m
Human Resources Director Maxine Gulo45<1m
Public Speaker Bruce England3392m
Public Speaker156<1m

Transcript

1. CLOSED SESSION ANNOUNCEMENT (OPEN SESSION)

[00:00:25] Councilmember Alison Hicks: Good evening everyone. Thank you for joining us for our closed session. Mayor Showalter, do you have an announcement to make?

[00:00:36] Councilmember Pat Showalter: Yes, just a second let me open it up. Um, pursuant to Government Code Section 54953, I am participating in this meeting remotely through both audio and visual technology, under the just cause provision due to travel while on official business of the legislative body. No other people, um, are in the, are present at this remote location with me. Thank you.

[00:01:05] Councilmember Alison Hicks: Thank you. And Vice Mayor, do you have an announcement to make?

[00:01:11] Vice Mayor Lisa Matichak: I do. Pursuant to Government Code Section 54953, I am participating in this meeting remotely through both audio and visual technology under the just cause provision due to travel while on official business of the legislative body. No other persons over 18 years of age are present at this remote location with me. Thank you.

[00:01:36] Councilmember Alison Hicks: Thank you. And Councilmember Ramos, do you have an announcement?

[00:01:41] Councilmember Emily Ann Ramos: Yes. Uh thank you Councilmember Hicks. Pursuant to Government Code Section 54953, I am participating in this meeting remotely through both audio and visual technology under the just cause provision due to travel while on official business of the legislative body. No other person over 18 years of age is present at this remote location with me. Thank you.

[00:02:04] Councilmember Alison Hicks: And thank you. As a reminder, all votes during this meeting will be taken by roll call. Um, City Attorney Logue will make a closed session announcement, and then we will welcome public comment on the item listed for closed session. Uh, City Attorney Logue?

[00:02:22] City Attorney Jennifer Logue: Good evening Mayor, Vice Mayor, and Councilmembers. There is one item on this evening's closed session agenda. Item 2.1 is a conference with legal counsel regarding two items of anticipated litigation pursuant to Government Code Section 54956.9. Thank you.

[00:02:41] Councilmember Alison Hicks: Thank you. Um, now we uh reserve time for any member of the public joining us virtually or in person to provide comments on the closed session item. I actually see zero attendees. So I'm assuming nobody wants to make comments either virtually or in person.

[00:03:05] Councilmember Alison Hicks: Um so with that the council, we're on item number two which is closed session, and the council will now recess to the plaza conference room for closed session and return to the council chambers at the close to continue to the regular session of the council meeting.

1. CALL TO ORDER

[00:03:46] Councilmember Alison Hicks: Okay, good evening everyone. Welcome to the regular meeting of the Mountain View City Council of November 12th, 2024. Please join me in the Pledge of Allegiance.

2. PLEDGE OF ALLEGIANCE

[00:03:59] Councilmember Alison Hicks: I pledge 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.

[00:04:17] Councilmember Alison Hicks: The City Clerk, we are on item number three on your agenda, and the City Clerk will take attendance by roll call.

3. ROLL CALL

[00:04:26] City Clerk Heather Glaser: Councilmember Abe-Koga?

[00:04:28] Councilmember Margaret Abe-Koga: Here.

[00:04:28] City Clerk Heather Glaser: Councilmember Hicks?

[00:04:29] Councilmember Alison Hicks: Here.

[00:04:30] City Clerk Heather Glaser: Councilmember Kamei?

[00:04:31] Councilmember Ellen Kamei: Here.

[00:04:32] City Clerk Heather Glaser: Councilmember Ramirez?

[00:04:33] Councilmember Lucas Ramirez: Here.

[00:04:34] City Clerk Heather Glaser: Councilmember Ramos?

[00:04:35] Councilmember Emily Ann Ramos: Here.

[00:04:36] City Clerk Heather Glaser: Vice Mayor Matichak?

[00:04:37] Vice Mayor Lisa Matichak: Here.

[00:04:38] City Clerk Heather Glaser: Mayor Showalter?

[00:04:40] Councilmember Pat Showalter: Here.

[00:04:41] City Clerk Heather Glaser: You have a quorum.

[00:04:44] Councilmember Alison Hicks: Thank you. We are now on item number four, which is the Consent Calendar. These items will be approved by one motion unless any member of the council wishes to pull an item for individual consideration. If an item is pulled from the consent calendar, it will be considered separately following approval of the balance of the calendar.

[00:05:04] Councilmember Alison Hicks: If you'd like to speak on these items, or the next item, oral communications on non-agenda items, in person, please submit a blue speaker card to the City Clerk now. Would any member of the council like to pull an item?

[00:05:22] Councilmember Alison Hicks: Okay, I don't see anyone. Um, would any member of the public joining us virtually or in person like to provide comment on these items? If so, please click the raise hand button in Zoom or submit a blue speaker card to the City Clerk.

[00:05:40] Councilmember Alison Hicks: So, are there any in-person speakers? Any... Let's see... I don't see any virtual speakers either. So, um, in that case, I'll bring the item back for council action and note that a motion to approve the consent calendar should also include reading the title of the ordinance and resolution attached to consent calendar items 4.2 and 4.4.

[00:06:12] Councilmember Alison Hicks: And the City Clerk will be taking a roll call vote, as we have councilmembers participating remotely this evening. So, I have a motion by Councilmember Abe-Koga and a second by Councilmember Kamei. Um, Councilmember Abe-Koga?

[00:06:31] Councilmember Margaret Abe-Koga: Thank you, Councilmember Hicks. Um, I would like to make the motion that includes item 4.2, adopt an ordinance of the City of Mountain View adopting required findings, amending Chapter 8 Buildings of the Mountain View City Code to adopt local amendments to the 2022 editions of the California Green Building Standards Code and the California Plumbing Code to add electrical prewiring requirements and to make clarifying changes to recycled water requirements,

[00:06:58] Councilmember Margaret Abe-Koga: and finding the amendments to be exempt from review under the California Environmental Quality Act, CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) and 15308, to be read in title only, further reading waived.

[00:07:11] Councilmember Margaret Abe-Koga: And item 4.4, adopt a resolution of the City Council of the City of Mountain View, one, approving an amended Community Health Awareness Council, CHAC, Joint Powers Agreement, two, authorizing the City Manager to execute the amended CHAC Joint Powers Agreement,

[00:07:25] Councilmember Margaret Abe-Koga: and three, authorizing the City Manager to provide written consent to the CHAC Joint Powers Authority, JPA, board to dissolve the CHAC JPA once the city receives written notice from the CHAC JPA board that wind-up of CHAC's business affairs has concluded, to be read in title only, further reading waived.

[00:07:44] Councilmember Alison Hicks: Thank you. And now the City Clerk will take a roll call vote.

[00:07:48] City Clerk Heather Glaser: Councilmember Abe-Koga?

[00:07:49] Councilmember Margaret Abe-Koga: Aye.

[00:07:50] City Clerk Heather Glaser: Councilmember Kamei?

[00:07:51] Councilmember Ellen Kamei: Yes.

[00:07:51] City Clerk Heather Glaser: Councilmember Hicks?

[00:07:52] Councilmember Alison Hicks: Yes.

[00:07:53] City Clerk Heather Glaser: Councilmember Ramirez?

[00:07:53] Councilmember Lucas Ramirez: Yes.

[00:07:54] City Clerk Heather Glaser: Councilmember Ramos?

[00:07:55] Councilmember Emily Ann Ramos: Yes.

[00:07:56] City Clerk Heather Glaser: Vice Mayor Matichak?

[00:07:57] Vice Mayor Lisa Matichak: Yes.

[00:07:58] City Clerk Heather Glaser: Mayor Showalter?

[00:08:00] Councilmember Pat Showalter: Yes.

[00:08:00] City Clerk Heather Glaser: Motion carries unanimously.

5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS

[00:08:05] Councilmember Alison Hicks: Thank you. So now we're moving on to item five, which is 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 within the City Council's subject matter jurisdiction for up to three minutes during this section.

[00:08:24] Councilmember Alison Hicks: State law prohibits the council from acting on non-agenda items. If you'd like to speak on this item, or the next item in person, please submit a blue speaker card to the City Clerk now. Um, and I do see that we have a speaker. Uh, Maria Marroquin.

[00:08:44] Maria Marroquin: Yeah, good afternoon. Uh, City Council members. Hey Mayor. Uh, good afternoon. So I come today um to invite you to celebrate with us our tenny 28 years of service. So this is a great opportunity when community can come together and celebrate this big milestone. Uh, the theme for this year is Thriving Together.

[00:09:12] Maria Marroquin: And I believe it's really appropriate to emphasize that words, together. And this is our vision for the future and for our dear Mountain View, continue thriving together in this environment. And this great opportunity that we foresee, with even between our difference, we can achieve great things if we come with a good faith and open hearts,

[00:09:41] Maria Marroquin: and hopefully you take this opportunity to celebrate. I want to share a little thing that happened that make me cry uh just lately, and that is not easy by the way. But there is a volunteer named Jack. Uh he has a nonprofit organization named Pro Bono Photography. And he every year used to support us taking pictures for our event.

[00:10:08] Maria Marroquin: So this year, so he was just saying that wasn't possible for him because he needs to rehearse for a choir in his church. Uh, but something that uh, he changed his mind, and he said, in these times uh is very important for me to reevaluate my priorities and values, therefore he will be with us.

[00:10:34] Maria Marroquin: So I think this is like a very strong a signal that we can start continue thriving together. So this is my message for for you today. And I hope to see you there. Thank you again.

[00:10:49] Councilmember Alison Hicks: And are you gonna tell us when it is?

[00:10:52] Maria Marroquin: That's a great idea. Thank you. It's uh, November 14 and the Garden House, 6 to 8 in Los Altos. Thank you.

[00:11:05] Councilmember Alison Hicks: Thank you. So, it looks like we have no other in-person speakers. I'll move to virtual speakers. We have Bruce England.

[00:11:15] Public Speaker Bruce England: Thank you. Um, Bruce England, uh, Whisman Station Drive here in Mountain View. Um, I don't have a prepa- a prepared comment, but um, we all know that an election just took place, and we're going to have a new president starting next year, and one of the strong statements that has been made coming from him,

[00:11:38] Public Speaker Bruce England: is that he plans to do mass deportation of people across the country. And that might be one of the first things that he does. He's talking about day one. Mountain View has been very strong in protecting everybody within our community, including people who have come from other locations and other countries.

[00:12:00] Public Speaker Bruce England: And I want us to continue this, but I think we're going to have to be very strong, I think we're going to have to strengthen what we're doing already. And my understanding is that Mountain View had an event in 2017, 2018, um, an information sharing event, to let people know throughout the community what they can and should do

[00:12:22] Public Speaker Bruce England: to help protect people, uh, throughout our community. So my ask is that if, and I can research it, but find out who organized that event when it took place back then, and redo it, and um, and have it happen again.

[00:12:40] Public Speaker: Some people, employers and so on in the community know what their employees' rights are, but not everybody. And it's going to be important that if authorities show up at a work site and start taking action, that employers and others on site know what to do.

[00:12:59] Public Speaker: Um, I'm not sure that, that we all really know what our rights are. And also, we have rights that are protected in Mountain View, but ideally those rights would also be protected at higher levels as well, at the county level, at the state level.

[00:13:15] Public Speaker: And so that gives you, City Council, an opportunity for legislative priority setting around this with the county and the state. And I hope that you will seriously consider that. I know you can't take action on this right now, um, but I hope you will take what I've just said seriously and consider, um, agendizing it for further discussion on this. Thanks.

[00:13:38] Councilmember Alison Hicks: Thank you very much. I do not see any other public speakers. So I'll now move on to, um, let's see. I'll now move on to item number six.

6.1 Residential Development Project at 2645-2655 Fayette Drive (Builder’s Remedy) THIS ITEM WILL NOT BE HEARD ON NOVEMBER 12, 2024. THIS ITEM WAS RE-NOTICED FOR NOVEMBER 19, 2024.

[00:13:54] Councilmember Alison Hicks: Uh, first we have 6.1 Residential Development Project at uh 2645, 2655 Fayette Drive, Builder's Remedy. Oh, but this item will not be heard. Um, it was re-noticed for November 19th.

6.2 Eliminate Minimum Parking Standards for Residential Uses in Article X (Parking and Loading) of Chapter 36 (Zoning) of the City Code and the P(19) Downtown Precise Plan, P(38) El Camino Real Precise Plan, P(40) San Antonio Precise Plan, and P(41) East Whisman Precise Plan

[00:14:16] Councilmember Alison Hicks: So we move on to item 6.2, which is Eliminate Minimum Parking Standards for Residential Uses in Article 10... um, I won't read the whole title. You can read that on your agenda. Uh, Principal Planner Diana Pancholi will present the item. Uh, and if you'd like to speak on this item in person, please submit a blue speaker card to the City Clerk now.

[00:14:44] Principal Planner Diana Pancholi: Well, good evening, Council members and the members of the public. My name is Diana Pancholi, Principal Planner with the City's Planning Division. And I'm joined here tonight by Assistant Community Development Director Amber Blizinski and the project planner Hang Zhou. The item in front of you tonight is to consider amendments to the Mountain View City Code and a few specific precise plans to eliminate minimum parking requirements for residential uses.

[00:15:15] Principal Planner Diana Pancholi: For background, since January of 2023, Assembly Bill 2097 eliminated minimum parking requirements for most development projects within half mile of major transit stop. The state law allows developers to set their own parking needs based on specific conditions, rather than following the City's minimum parking standards. However, AB 2097 still allows the cities to require minimum parking spaces for electric vehicles and disabled persons.

[00:15:48] Principal Planner Diana Pancholi: In the city of Mountain View, there are six major transit stops, including four light rail stations and two Caltrain stations. The areas within a half mile of these stops are highlighted in blue on the map on your screen right now.

[00:16:05] Principal Planner Diana Pancholi: Later in April of 2023, the City Council adopted the sixth cycle Housing Element, which covers the 2023-2031 planning period. As part of this Housing Element, program 1.2 was introduced to eliminate minimum parking standards in certain cases. This program includes three subtasks.

[00:16:27] Principal Planner Diana Pancholi: Subtask A required eliminating the minimum parking requirement for 100% affordable housing developments. This was completed as part of the zoning code update in December of last year. Subtask B calls for codifying exemptions to parking requirements for residential developments in El Camino Real, San Antonio, Downtown, and East Whisman precise plans, as well as in the Moffett Boulevard General Plan Change area. This subtask is due by December 31st of 2024 and is the item presented to you tonight.

[00:17:05] Principal Planner Diana Pancholi: Subtask C requires codifying exemptions to parking standards for projects that meet enhanced transportation demand management, TDM criteria, with a due date of December 31st, 2026. This will be addressed as part of the citywide TDM ordinance currently being developed and has an anticipated adoption timeline of fall 2025.

[00:17:30] Principal Planner Diana Pancholi: This program aims to provide greater flexibility in land use and site design, facilitating the development of... sorry. Um, Housing Element program 1.2 went above and beyond AB 2097. It further eliminates the minimum parking requirements for all residential developments and any residential components in mixed-use projects in Chapter 36 (Zoning) of the City Code, as well as four precise plan areas as highlighted in yellow here.

[00:18:04] Principal Planner Diana Pancholi: In the precise plan areas covered by AB 2097, this means that although no minimum parking is required, electric vehicle parking and parking for disabled persons are only required if a developer chooses to include parking voluntarily, and is calculated based on parking being provided instead of parking being required per the building reach code.

[00:18:30] Principal Planner Diana Pancholi: In the precise plan areas not covered by AB 2097, the proposed amendments will align residential parking requirements with those inside AB 2097. However, it is worth noting that the current minimum parking requirements for non-residential developments will remain in effect in the areas highlighted in red on the map here.

[00:18:55] Principal Planner Diana Pancholi: In line with the proposed amendments, there are other minor amendments which are being proposed for internal consistency. This includes removing parking reduction option for multi-family residential development in El Camino Real Precise Plan and San Antonio Precise Plan, removing car share vehicle requirements for multi-family residential developments in East Whisman Precise Plan.

[00:19:20] Principal Planner Diana Pancholi: And finally, making it clearer that if parking is not required but voluntarily provided, those spaces must still comply with the standards for access, size, design, and other safety-related requirements in the parking ordinance. This is to ensure parking is developed in a way that is usable, promotes good circulation on site, and will not create hazards for those using the spaces.

[00:19:46] Principal Planner Diana Pancholi: The proposed amendments were reviewed by the Environmental Planning Commission on September 18th, 2024 at a public hearing and was recommended for approval to the City Council. Prior to the EPC meeting, staff received two public comments on this item. One commenter supported the proposed amendments, while the other expressed concerns about the impacts to on-street parking if minimum parking requirements are eliminated. One additional member from the public expressed support of the proposed amendments at the EPC meeting.

[00:20:21] Principal Planner Diana Pancholi: The proposed amendments to parking requirements are exempt from California Environmental Quality Act as per section 15061(b)(3) common sense exemption. In conclusion, EPC recommends the City Council to introduce the ordinance amending Chapter 36 of the City Code, and adopt the resolutions amending the Downtown Precise Plan, El Camino Real Precise Plan, San Antonio Precise Plan, and East Whisman Precise Plan.

[00:20:49] Principal Planner Diana Pancholi: This concludes staff presentation. Staff, including Community Development Director Christian Murdock, is also present here tonight if you have any questions. Thank you.

[00:21:01] Councilmember Alison Hicks: Thank you. So, we're now at the point where any member of the public joining us virtually or in person can provide comment on this item. Um, are there... actually, I'm going to bring it back to Council for questions and deliberation. Um, yeah, we do have public comment first. Okay, public comment first. It says consent calendar... um, so if you, uh, are here in person, submit a blue card. And if you're here virtually, uh, click the raise hand button in Zoom.

[00:21:43] Councilmember Alison Hicks: I do not see any in-person speakers. So, um, but virtually I see Bruce England.

[00:21:52] Public Speaker Bruce England: Thank you. Bruce England again, Whisman Station Drive. I have a very short comment. Um, this material is a little confusing, at least for me. Um, but I just want to express that having adequate parking for bicycles is very important. And the formulas that we currently have at the City are based on, um, the rules for vehicles.

[00:22:24] Public Speaker Bruce England: And so, if those need to be adjusted at all to accommodate the changes, um, I hope that will be considered. Um, maybe the EV parking is fine as it is, but I honestly don't even know about that. But I'll just say that as a member of the community, I'm interested in having appropriate parking where we need it for both EVs and for bicycles. Thanks.

[00:22:52] Councilmember Alison Hicks: Okay, thank you. I see no other speakers. Um, so I'll now bring the item back for Council questions and deliberation. This agenda item includes a proposal to eliminate, uh, minimum parking standards for residential development in the Downtown Precise Plan and requires, um, several Council members to recuse themselves due to conflicts of interest.

[00:23:24] Councilmember Alison Hicks: Um, Councilmember Abe-Koga, do you have a statement?

[00:23:27] Councilmember Margaret Abe-Koga: Yes, thank you, Councilmember. I am recusing myself from discussions about the elimination of minimum parking requirements for residential development in the Downtown Precise Plan area due to the proximity of my residence to the Downtown Precise Plan.

[00:23:44] Councilmember Alison Hicks: Okay, and I am also recusing myself from discussions about elimination of minimum parking requirements for residential development in the Downtown Precise Plan area, um, because of the proximity of my residence to the Downtown Precise Plan.

[00:24:05] Councilmember Lucas Ramirez: The Council will now ask questions, deliberate, and vote on whether to eliminate minimum parking requirements for residential development in the Downtown Precise Plan area. I will note that a motion to approve the recommendation should also include reading the title of the resolution attached to the report.

[00:24:22] Councilmember Lucas Ramirez: The City Clerk will take a roll call vote as we have Council members participating remotely this evening. Are there any questions? Councilmember Kamei.

[00:24:35] Councilmember Ellen Kamei: Great, thank you. Just a quick question for staff. So I know that, um, EV and ADA spaces are still required, um, and I wanted to follow up on emergency vehicle parking. So the, the red curbs or others, that, that will still remain unchanged, correct?

[00:24:52] Councilmember Ellen Kamei: Okay. And then, um, just to follow up on the bike parking, do, um...

[00:25:00] Councilmember Ellen Kamei: bike parking would still be required as a condition of approval or how might we handle the bike parking?

[00:25:11] Principal Planner Diana Pancholi: So the way...

[00:25:13] Councilmember Ellen Kamei: Or if it's case by case, you know.

[00:25:14] Principal Planner Diana Pancholi: Thank you for the question. Um the way uh bike parking requirements are in our city code for residential developments, it is actually based on the number of units. The amendments that we are bringing forward tonight are for eliminating minimum parking requirements for residential uses. So those bike parking requirements will not change and will still remain.

[00:25:37] Councilmember Ellen Kamei: Great, thank you for those clarifications.

[00:25:40] Assistant Community Development Director Lindsey Hagen: I do think though just and this was in the council question the responses for non-residential parking it is a based on the number of proposed parking spaces um and you know with the modifications that were enacted with AB 2097 that already has made a change that would potentially um you know require less bike parking spaces if a project proposes less parking spaces. Um but none of that is changed by the amendments tonight that's already in in practice.

[00:26:15] Councilmember Ellen Kamei: Great. Thank you.

[00:26:18] Councilmember Lucas Ramirez: Thank you. Are there any other questions? If not then a motion is in order.

[00:26:30] Councilmember Lucas Ramirez: Councilmember Kamei.

[00:26:32] Councilmember Ellen Kamei: Okay, I move that the council adopt a resolution of the city council of the city of Mountain View amending the P-19 downtown precise plan to eliminate the minimum parking requirements for residential development consistent with subtask B of housing element program 1.2 and finding the amendment to be exempt from review under the California Environmental Quality Act CEQA pursuant to CEQA guidelines sections 15061b3 as recommended by the Environmental Planning Commission to be read in title only further reading waived.

[00:27:04] Councilmember Lucas Ramirez: Thank you. And I've seconded the motion. As the Mayor is participating virtually this evening all votes will be done by roll call. Uh, City Clerk Glaser whenever you're ready.

[00:27:14] City Clerk Heather Glaser: Um, Councilmember, Vice Mayor Matichak has her hand up.

[00:27:18] Councilmember Lucas Ramirez: Oh, thank you. Uh, Vice Mayor, go ahead.

[00:27:21] Vice Mayor Lisa Matichak: Yeah, sorry, we went straight to uh, a motion and sort of skipped comments. Um, and I just wanted to add that, um, I have concerns about this, um, portion of the housing element and, um, while I understand that developers can still choose to provide parking, uh, given the lack of really efficient effective public transit in the Bay Area, you know there's a couple of exceptions, Caltrain and BART, but um, it makes it very challenging for people to use public transit and we're still dependent on automobiles.

[00:27:59] Vice Mayor Lisa Matichak: So, um, while I hope developers will still propose parking, um, I I can't support reducing or eliminating our minimum parking requirements. Thanks.

[00:28:12] Councilmember Lucas Ramirez: Thank you, Vice Mayor. Are there any other comments?

[00:28:17] Councilmember Lucas Ramirez: Uh, if there aren't, and just to to clarify uh the once our uh colleagues return there will be a subsequent motion for uh the balance of the recommendations right now uh just for the benefit of the public we're only voting on the downtown portion. Uh if there are no other questions or comments, I'm seeing no other hands up uh then we'll let's uh do the roll call.

[00:28:42] City Clerk Heather Glaser: Councilmember Kamei?

[00:28:44] Councilmember Ellen Kamei: Yes.

[00:28:45] City Clerk Heather Glaser: Councilmember Ramirez?

[00:28:46] Councilmember Lucas Ramirez: Yes.

[00:28:47] City Clerk Heather Glaser: Councilmember Ramos?

[00:28:48] Councilmember Emily Ann Ramos: Yes.

[00:28:50] City Clerk Heather Glaser: Vice Mayor Matichak?

[00:28:51] Vice Mayor Lisa Matichak: No.

[00:28:54] City Clerk Heather Glaser: Mayor Showalter?

[00:28:55] Councilmember Pat Showalter: Yes.

[00:28:57] City Clerk Heather Glaser: Motion carries 4-1.

[00:29:29] Councilmember Lucas Ramirez: Okay.

[00:29:30] Councilmember Alison Hicks: Okay. Thank you Councilmember Ramirez. Let's see... uh where...

[00:29:38] Councilmember Lucas Ramirez: Council will now ask questions...

[00:29:41] Councilmember Alison Hicks: Okay, here we are. We're now at the point where the council will ask questions and deliberate on the remaining topics of discussion and then take action. Um do any members of the council have further questions? Uh Councilmember Abe-Koga.

[00:30:00] Councilmember Margaret Abe-Koga: Thank you uh Councilmember Hicks. My question has to do with the car share requirements. Um if I read it right it's that's also based on parking number parking space numbers, but um can we have car share requirements that are not based on parking requirements? Just on unit count or something else? Cause I guess my I I have some concerns I can I'll share later I mean the whole thing, but car share to me is was an a you know was a TDM measure um so it kind of goes against I think goes against uh what we're trying to do here um in encouraging people to get out of SOVs so couldn't we is there a way that we can keep those or have some kind of requirements based on something else?

[00:30:55] Principal Planner Diana Pancholi: Thank you for the question. I will start and maybe if then Assistant Community Development Director or Community Development Director would like to add. So as it stands right now um we just have the car share as a requirement in only one area in the city, that is in the East Whisman Precise Plan area. As far as the amendments that are being proposed tonight they relate to just residential development and those requirements are again you know based upon the um the number of units that are required.

[00:31:29] Principal Planner Diana Pancholi: So in terms of um the impact to car share requirements there would be very minimal because of the amendments that we are saying tonight. Um can we change that? That's outside the scope of the item that we are bringing tonight. Uh but again we will be bringing in we'll be looking at code amendments as we bring back our TDM ordinance later in the fall of 2025 um and maybe it could be discussed at that point of time.

[00:31:58] Councilmember Margaret Abe-Koga: Yeah, so I understand that I mean I read the questions and answers but I'm thinking actually beyond that and how do we increase the potentially increase car share requirements or you know having more car share programs throughout the city. So doing this today will this make that harder or not affected at all? Um that's really my concern with this.

[00:32:28] Principal Planner Diana Pancholi: So I'll start um we as I said you know we are working on our TDM uh ordinance right now we're looking at variety of measures that somebody can actually choose from. Um car share is one of the tools that people can choose from but we'll be looking at others as well. Definitely you know when we'll bring that toolbox for council and EPC consideration it would be a discussion at that point of time if you want to you know look at how we want to implement that. But also the fact that it is going to be a city-wide requirement right now where car share is just a requirement in in East Whisman Precise Plan um people do have an option to use that as part of their TDM program in the new developments that come in and a lot of developments actually look into that as well. Um so yeah.

[00:33:21] Councilmember Margaret Abe-Koga: And I'm sorry when is the TDM policy coming?

[00:33:25] Principal Planner Diana Pancholi: Is scheduled for fall 2025 for adoption.

[00:33:28] Councilmember Margaret Abe-Koga: And this we have to do by I forget the 20 25 20 25?

[00:33:34] Principal Planner Diana Pancholi: This one? It is for December 31st 2024.

[00:33:38] Councilmember Margaret Abe-Koga: Oh 24, okay. All right. Thank you.

[00:33:45] Councilmember Alison Hicks: So I see I don't see other council member questions. Let me see if we have any virtual council member questions. Not that I see. I'm gonna sort of re-ask a question that was asked while I was recused. So in terms of the uh EV and ADA requirements, that would be based on a per- am I understanding correctly that that would be based on a percentage of whatever um of whatever the uh the applicant or developer voluntarily um proposed as in terms of parking? For residential?

[00:34:24] Principal Planner Diana Pancholi: For residential, yes.

[00:34:25] Councilmember Alison Hicks: For residential. Which is what we're looking at tonight. So it could if I mean the idea is to reduce parking so that would mean probably reduced ADA and electric vehicle charging. So is there a way that we could I would prefer not to reduce um either of those too much but particularly electric vehicle. I would I would prefer not to reduce either of those too much, in particular because I think it is a we want we want people to get out of out of their cars and use electric cars. So I feel like we wanna we wanna put more charging stations in, not fewer. Is there a way of doing that tonight?

[00:35:12] Assistant Community Development Director Lindsey Hagen: Um I'm not sure there's a way of doing that tonight. So tonight we're eliminating those minimum parking requirements and all of the percentages and the requirements from the building code and the reach code come from what the percentage of the total number of parking spaces are. So you would have to use a different metric.

[00:35:33] Councilmember Alison Hicks: Well couldn't we just take our previous requirements and just require that number of electric you know say that number of electric vehicle just use actually a resident emailed this exactly what that would how that would turn out. It seems like something that would be doable because I would personally prefer not to reduce the number of electric vehicle charging stations required.

[00:35:59] Community Development Director Christian Murdock: Thank you. Good evening honorable council members, Community Development Director Christian Murdock. I think the simple answer is there are a variety of policy options that the council could consider. What staff has prepared is something that's focused on complying with the housing element program obligations. That's why you see the ordinance that's proposed before you. Um I've heard interest in varying degrees of different approaches or adjustments, car sharing, EV, um ADA etc, bicycle parking. Um all of them likely have policy solutions.

[00:36:30] Community Development Director Christian Murdock: I think the core issue that the housing element program was trying to address and what what complicates doing anything tonight is addressing affordability of residential development. Um to provide any number of parking spaces or to increase requirements where a developer may choose to minimize or maybe in a remote case have no parking, um has the potential to dramatically affect the costs and we would wanna study that carefully.

[00:36:53] Community Development Director Christian Murdock: And so engaging with uh housing developers, other interested parties to get more information about what having a singular sort of parking requirement might look like, um recognizing that these developments are already providing uh in the examples that we've cited a lot of parking already even when they're not required to provide it. So I don't think we're in a situation where we're very likely to have no parking provided and then thus no EV or ADA spaces.

[00:37:20] Community Development Director Christian Murdock: I think we are in a situation where fewer vehicles overall might lead to less driving which would sort of address that component of getting people out of vehicles. And then secondarily um we could look at coming back through the TDM ordinance or with other zoning amendments in the course of the next year or so at what options to sort of uh make minor adjustments or ensure um appropriate EV charging outcomes for the spaces that are provided.

[00:37:42] Councilmember Alison Hicks: So let me see if I understand you right. You're saying that uh although if we're reducing if if we're allowing developers to reduce the amount of parking in their development they will therefore also be able to reduce the number of uh ADA and EV charging um spaces. But that we would be able to add those back in at some point in the future? Can you tell me a little more about how that would happen?

[00:38:09] Community Development Director Christian Murdock: What I'm trying to say is it's hard to do anything tonight without studying it more carefully. Um what we have found through our data of projects that were not required to provide any parking, still choose to provide parking typically in very high proportion to what they would have been required to provide, absent AB 2097 for example. Um few uh if any of the examples that we've had in Mountain View provide little to no parking. So I think maybe the immediate concern is not as significant as it may be perceived to be based on the data we have for the projects that have come forward.

[00:38:41] Community Development Director Christian Murdock: What I was saying is that in future ordinance amendments we can take a look at opportunities to provide greater shares of accessible parking among the spaces that are provided um to try to offset and maybe try to achieve parity if you will of what would have been required if all of the spaces under the zoning were provided but with fewer overall spaces a higher proportion of EV or ADA. What we cannot do is I think offer you that policy option tonight because of the further study that would be required um to achieve that.

[00:39:11] Community Development Director Christian Murdock: For example um providing ADA spaces requires very heightened design standards and so doing that for a greater number of spaces may have significant construction cost impacts for residential projects for example so we would wanna be thoughtful in studying that if the underlying intent of this housing element program is to address uh residential development costs and affordability.

[00:39:32] Councilmember Alison Hicks: Okay. Thank you.

[00:39:35] Councilmember Alison Hicks: Okay, so I don't see other speakers, um and we do have uh we now so it's now time for comments and I see uh well first I see a motion by Councilmember Kamei and a second by Councilmember Ramirez.

[00:40:00] Councilmember Alison Hicks: Um and I also so now that those are up there, do you wanna say what your motion is? Or well.

[00:40:08] Councilmember Ellen Kamei: Well I was just asking since we were bifurcating that if I had to remake the motion.

[00:40:16] Councilmember Ellen Kamei: Or just the, okay. So why don't I withdraw.

[00:40:20] Councilmember Alison Hicks: Oh.

[00:40:21] Councilmember Ellen Kamei: Thanks.

[00:40:23] Councilmember Alison Hicks: Okay. So I'm gonna have you say what your motion is and then um oh well we need a second oh you have to say what it is first and then you can get a second.

[00:40:34] Councilmember Lucas Ramirez: No problem. I'm going to move the staff recommendation. Including introduce an ordinance of the city council of the city of Mountain View amending chapter 36 zoning of the city code to implement subtask B of housing element program 1.2 including updates to section 36.32.50 required number of parking spaces to eliminate minimum parking requirements for residential developments in certain areas.

[00:41:00] Councilmember Lucas Ramirez: Making conforming and clarifying changes to other sections of chapter 36 zoning and finding the amendments to be exempt from the California Environmental Quality Act CEQA pursuant to CEQA guidelines section 15061b3 as recommended by the Environmental Planning Commission to be read in title only further reading waived and set a second reading for December 10th 2024

[00:41:26] Councilmember Lucas Ramirez: and adopt a resolution of the city council of the city of Mountain View amending the P-38 El Camino Real precise plan to eliminate the minimum parking requirements for residential development consistent with subtask B of housing element program 1.2 and finding the amendment to be exempt from review under the California Environmental Quality Act CEQA pursuant to CEQA guidelines section 15061b3 as recommended by the Environmental Planning Commission to be read in title only further reading waived

[00:42:00] Councilmember Lucas Ramirez: and adopt a resolution of the city council of the city of Mountain View amending the P-40 San Antonio precise plan to eliminate the minimum parking requirements for residential development consistent with subtask B of housing element program 1.2 and finding the amendment to be exempt from review under the California Environmental Quality Act CEQA pursuant to CEQA guidelines section 15061b3 as recommended by the Environmental Planning Commission to be read in title only further reading waived

[00:42:26] Councilmember Lucas Ramirez: and adopt a resolution of the city council of the city of Mountain View amending the P-41 East Whisman precise plan to eliminate the minimum parking requirements for residential development consistent with subtask B of housing element program 1.2 and finding the amendment to be exempt from review under the California Environmental Quality Act pursuing to CEQA guidelines section 15061b3 as recommended by the Environmental Planning Commission to be read in title only further reading waived.

[00:42:57] Councilmember Alison Hicks: Thank you. So there's... So we have a motion and a second by Councilmember Kamei and now we have a comment by Councilmember Abe-Koga.

[00:43:10] Councilmember Margaret Abe-Koga: Thank you council member. Uh so as much as I understand and appreciate um that this is part of the housing element um I find this as the vice mayor mentioned um challenging has many challenges and I don't know if they're unintended or intended consequences but um I just don't think this is realistic at this time. And I bring I say this time essentially the timing is um interesting or important because um this is you know based on transit or proximity to transit and we are as I as you know I am on several transportation agencies and talking about a fiscal cliff that several agencies are facing in two years time in 2026.

[00:43:59] Councilmember Margaret Abe-Koga: And so and frankly the state has bailed us out somewhat but not completely. And so we are having to look at a regional measure figuring out how to do this ourselves. But none of that is for certain. And so that's my question in 2026 if we're not able to continue to fund trans transit at current levels you know let alone doing more um this just isn't going to work.

[00:44:27] Councilmember Margaret Abe-Koga: And so I you know I understand that we that we should or you know probably just go along with it but as I've been watching this and been involved in a lot of these discussions I do think it's important for us to make a state make some statements to the state how this is just not feasible and not realistic and frankly I would like to say look unless you're going to guarantee transit funding so that we're not going to face a fiscal cliff we can't do this.

[00:44:57] Councilmember Margaret Abe-Koga: And so for that reason um you know it's a statement vote I guess but I cannot support this at this time. But um you know I I think we really have to start um you know pushing back I guess you can say or or just trying to make the state realize how this is just not going to work and and the state has to do its part in terms of funding transportation funding affordable housing if they really want to make these housing elements work out. Thanks.

[00:45:58] Councilmember Pat Showalter: Yeah um mine's a different one. I I think this has really been a good discussion about other aspects of um minimum parking that we're concerned about. And particularly we heard that um there's there seems to be a lot of interest in maintaining EV parking, rideshare parking, and ADA parking, and bike parking. And and staff has said that there are um kind of other other ways to do that that will be coming up in in the future. So I just wondered um since this is agendized, can can um that those concepts um are they are they taken as as direction to staff that we've discussed them or or kind of how does how um how will staff consider them moving forward?

[00:46:55] Community Development Director Christian Murdock: Thank you Mayor for the question. I think um we don't necessarily need direction on that point. I think what we've heard is a an extensive uh amount of interest among the council to consider additional approaches that can balance the needs to make housing development affordable while also meeting other needs uh environmental needs traffic related needs um accessible parking for disabled persons etc. So we will take that feedback and in the course of our ongoing work um keep that in mind in terms of evaluating uh policy options and alternatives for the council in these upcoming efforts.

[00:47:31] Councilmember Pat Showalter: Thank you. Um that's excellent. I think it's it's really important.

[00:47:38] Councilmember Alison Hicks: Okay, so I'm gonna make my comment and then I'm gonna let the motion maker make his additional comment. Um and other council members... Yeah, I have multiple multiple concerns about this. Uh some of them are the the the bike parking seems to be taken care of in terms of residential because of uh because of uh its based on unit count, but I do have concerns as reflected in my question about EV charging in particular and ADA parking.

[00:48:10] Councilmember Alison Hicks: But I I also have a a little bit of a concern in terms of general parking because I think developers will be looking at our street at our streets as potential parking places and if there's not a lot of parking if there's a lot of open space available on the street they'll reduce their parking based on that so it kind of has the potential to give a gift to the first developer in the area and then once the streets are all parked up and we can't convert them to wider sidewalks for walking or to bike lanes then the next developer will think that they have to add parking.

[00:48:43] Councilmember Alison Hicks: So I have concerns about the way this is rolling out. I do think we could use less parking than we currently uh require, but I'm not sure I want to go quite this far and I I agree with Councilmember Abe-Koga that that transit is um under threat right now so saying we're basing our transportation on that is um questionable to me. So I may abstain from this. Now um Councilmember Ramirez.

[00:49:12] Councilmember Lucas Ramirez: Thank you Councilmember Hicks. So a a few things. I I would hope that at a minimum the council approves the staff recommendations because they are essential to compliance with the housing element and I don't want to um get the city into trouble by failing to advance uh one of the housing element programs so early on.

[00:49:34] Councilmember Lucas Ramirez: But I I think some things that may help uh uh if not make more comfortable at least uh uh mitigate some of the consternation that um that I think uh several folks have expressed. One is most of the area that's contemplated is already covered under state law AB 2097.

[00:49:50] Councilmember Lucas Ramirez: If you look at the maps there's just a substantial amount of overlap and so we we can't even if we did nothing and we took no further action we can't enforce minimum parking requirements in those areas anyway. And so the...

[00:50:00] Councilmember Lucas Ramirez: Um, and then, uh, I think something that might help folks feel again, you know, maybe not totally comfortable, but might bring, um, uh, might mitigate some of that impact is in, in San Jose, which eliminated parking minimum requirements citywide for all types of development, uh, some time ago, no developers have proposed any projects with zero parking. It's, it's just not, um,

[00:50:29] Councilmember Lucas Ramirez: well, it, it's feasible, it's not what the market would tolerate right now. Right? So for, for at a couple of levels, right, many people who are seeking to, I mean, this is just residential only, so I'll just use that as an example, but for folks who are looking to rent or own, there is an expectation that there is some parking provided. Um, and I think most developers want to be able to command the, the kinds of rents or, or, um, uh, you know, ownership costs that you can when you meet the expectations of the market.

[00:50:58] Councilmember Lucas Ramirez: Uh, the other thing is developers can't even secure financing to construct the project in the first place if they don't provide parking, because the, the folks who are doing the financing don't believe it's, it's, you know, realistic at a, at a market level either. So I, I appreciate the staff's response. Um, I don't believe we will in practice see any projects with zero parking, which means that we will see, uh, the provision of, of EV, EV spaces and, and ADA spaces, uh, for the foreseeable future. I don't see the market changing, you know, anytime soon. Um, so I, I don't think that in practice this, this will actually be an issue.

[00:51:32] Councilmember Lucas Ramirez: The other thing is I don't want to provide additional or special or separate direction to staff at this time. I know you're, uh, overwhelmed with a large number of tasks, and going back and adding parking standards is not terribly interesting or compelling to me right now. But I think it's something that staff probably can consider or revisit when you come back to us with the TDM ordinance. I think that's a good opportunity to think about this at a more holistic level.

[00:51:58] Councilmember Lucas Ramirez: Um, and if we need to make some adjustments, then, you know, we can certainly consider it at that time. But I feel that that's a more appropriate way to, uh, assess the, the, the need for minimum standards, right. We're, we're not saying you cannot provide parking, we're saying we have no parking minimum requirements in certain portions of the city, only for residential development. Uh, so I, I, uh, would encourage the council to support the staff recommendations. Thank you.

[00:52:25] Councilmember Alison Hicks: Councilmember Kamei.

[00:52:27] Councilmember Ellen Kamei: Great, thank you. I wasn't sure if you were going to add in another comment. Um, so I seconded the motion and appreciate the comments from Councilmember Ramirez. I, I find, um, that it's, you know, critical that we adhere to our housing element, and it sounds like from the discussion we've had that there'll be opportunities to work with staff to address the issues that, uh, we've, we've brought up.

[00:52:53] Councilmember Ellen Kamei: In addition to maybe incorporating it into the TDM ordinance, one of the things I was thinking about was our Active Transportation Plan and the goals that we have there, and how some of these areas are likely already in the Active Transportation Plan, and we can be, um, we can add more perhaps safeguards or, or more, um, policies in these areas to help address these specific nodes within our city. So I just wanted to, to bring that up and that's why I will also be, um, supporting the motion. Thank you.

[00:53:30] Councilmember Alison Hicks: So, seeing no further comments, I think it's time for a roll call vote. Councilmember Ramirez?

[00:53:39] Councilmember Lucas Ramirez: Yes.

[00:53:40] Councilmember Alison Hicks: Councilmember Kamei?

[00:53:41] Councilmember Ellen Kamei: Yes.

[00:53:42] Councilmember Alison Hicks: Councilmember Abe-Koga?

[00:53:43] Councilmember Margaret Abe-Koga: Nay.

[00:53:44] Councilmember Alison Hicks: Councilmember Hicks? Abstain.

[00:53:47] Councilmember Alison Hicks: Councilmember Ramos?

[00:53:48] Councilmember Emily Ann Ramos: Yes.

[00:53:49] Councilmember Alison Hicks: Vice Mayor Matichak?

[00:53:51] Vice Mayor Lisa Matichak: No.

[00:53:53] Councilmember Alison Hicks: Mayor Showalter?

[00:53:54] Councilmember Pat Showalter: Yes.

[00:53:56] Councilmember Alison Hicks: Motion carries 4 to 2.

6.1 Residential Development Project at 2645-2655 Fayette Drive (Builder’s Remedy) THIS ITEM WILL NOT BE HEARD ON NOVEMBER 12, 2024. THIS ITEM WAS RE-NOTICED FOR NOVEMBER 19, 2024.

[00:54:08] Councilmember Alison Hicks: Okay, now we move on to unfin... Oh, actually, first we're going to move backwards on the agenda to item 6.1, which is the public hearing on 2645 through 2655 Fayette Drive, uh, residential development. Um, so although this item has been postponed to November 19th, members of the public can still provide public comment.

[00:54:21] Councilmember Alison Hicks: So if you would, if you had wanted to provide a public comment on Fayette Drive, um, please, um, submit a speaker card or raise your hand.

[00:54:49] Councilmember Alison Hicks: I do not see anyone wanting to provide public comments, so we will move on again to item 7, which is Unfinished Business.

7.1 CalPERS Contract Amendment for All Unrepresented Safety Police Managers Employees-Ordinance (Second Reading)

[00:54:54] Councilmember Alison Hicks: 7.1 is CalPERS Contract Amendment for All Unrepresented Safety Police Managers, um, and Employee, Police Manager Employees Ordinance. Um, and this will be a second reading.

[00:55:14] Councilmember Alison Hicks: Human Resources Director Maxine Gulo will present the item, and if you'd like to speak on this item in person, please submit a blue speaker card to the city clerk now.

[00:55:26] Human Resources Director Maxine Gulo: Good evening Mayor and Council. I'm returning on behalf of Human Resources for the third and final council action to meet CalPERS requirements and amend the cost share for unrepresented police managers.

[00:55:41] Human Resources Director Maxine Gulo: This action will adopt the final ordinance. This concludes my presentation. Thank you.

[00:55:48] Councilmember Alison Hicks: Thank you. Uh, do any members of, um, do any members of the council have questions?

[00:55:58] Councilmember Alison Hicks: I don't see any questions. Um, and would any member of the public on the line like to provide a comment on this item?

[00:56:08] Councilmember Alison Hicks: I don't see any raised hands. No one in person. So, um, now I'll bring the item back for council deliberation and action.

[00:56:18] Councilmember Alison Hicks: And note that a motion to approve the recommendation should also include reading the title of the ordinance attached to the report. The city clerk will take a roll call vote, as we have council members participating remotely this evening.

[00:56:36] Councilmember Alison Hicks: I see a motion by Councilmember Abe-Koga. Do I have a second?

[00:56:44] Councilmember Alison Hicks: Do you want to read it?

[00:56:45] Councilmember Margaret Abe-Koga: I can read it.

[00:56:50] Councilmember Alison Hicks: Okay, now we have a second. Uh, by Councilmember Kamei. Um, so would you like to read the, the motion that you are making us?

[00:57:00] Councilmember Margaret Abe-Koga: Uh, I would like to make a motion to adopt an ordinance of the City of Mountain View authorizing an amendment to the contract between the City Council of the City of Mountain View and the Board of Administration of the California Public Employees Retirement System to be read in title only, further reading waived.

[00:57:17] Councilmember Alison Hicks: Okay, now we will have a roll call vote.

[00:57:22] City Clerk Heather Glaser: Councilmember Abe-Koga?

[00:57:23] Councilmember Margaret Abe-Koga: Aye.

[00:57:24] City Clerk Heather Glaser: Councilmember Kamei?

[00:57:25] Councilmember Ellen Kamei: Yes.

[00:57:26] City Clerk Heather Glaser: Councilmember Hicks?

[00:57:27] Councilmember Alison Hicks: Yes.

[00:57:28] City Clerk Heather Glaser: Councilmember Ramirez?

[00:57:28] Councilmember Lucas Ramirez: Yes.

[00:57:29] City Clerk Heather Glaser: Councilmember Ramos?

[00:57:30] Councilmember Emily Ann Ramos: Yes.

[00:57:31] City Clerk Heather Glaser: Vice Mayor Matichak?

[00:57:32] Vice Mayor Lisa Matichak: Yes.

[00:57:33] City Clerk Heather Glaser: Mayor Showalter?

[00:57:34] Councilmember Pat Showalter: Yes.

[00:57:36] Councilmember Alison Hicks: Motion carries unanimously.

8.1 Amendment to Transient Occupancy Tax Ordinance

[00:57:38] Councilmember Alison Hicks: Thank you. Now we're moving on to item, items 8, New Business. 8.1 is Amendment to the Transient Occupancy Tax Ordinance.

[00:57:48] Councilmember Alison Hicks: Finance and Administrative Services Director Derek Rampone and Senior Assistant City Attorney Mitesh Bhakta will present the item. If you'd like to speak on this item in person, please submit a blue speaker card to the city clerk now.

[00:58:15] Councilmember Alison Hicks: And do we have a staff presentation?

[00:58:19] Finance and Administrative Services Director Derek Rampone: Yes we do.

[00:58:20] Councilmember Alison Hicks: Thank you.

[00:58:27] Finance and Administrative Services Director Derek Rampone: All right, good evening, uh, Mayor Showalter, Vice Mayor Matichak, and Councilmembers. Derek Rampone, your Finance and Administrative Services Director, and I'm joined tonight by Senior Assistant City Attorney Mitesh Bhakta. The item before you tonight is to introduce an ordinance that amends Chapter 33 of the Mountain View City Code, which will strengthen the city's ability to collect delinquent and unpaid transient occupancy tax.

[00:58:57] Finance and Administrative Services Director Derek Rampone: This tax is remitted to the city on a quarterly basis by operators throughout the city. This is the first reading of the ordinance, and the second reading is set for December 10th. I just wanted to note that the last update to Chapter 33 of the city's code was in July of 1991 when we, or when the city, um, updated the amount of the tax to 10%.

[00:59:22] Finance and Administrative Services Director Derek Rampone: The key amendments of this, uh, to the city code are really allowing the city to record a certificate of lien on a property in the amount of the outstanding TOT and any delinquent, uh, penalties and interest. And then once the lien is recorded, the city can then obtain a court order for enforcement and collection without the need for litigation, which can be lengthy and costly to the city.

[00:59:47] Finance and Administrative Services Director Derek Rampone: Another aspect of one of the amendments is to, um, the city will also have the ability now to issue a tax clearance certificate, which will provide confirmation that outstanding tax is either due or none is outstanding for any transferees or any, um, purchasers of any hotels or motels or inns.

[01:00:07] Finance and Administrative Services Director Derek Rampone: This will also, uh, the city will also, as an alternative to a court order, be able to collect the delinquent amount, um, by seizing and selling delinquent operators' property to satisfy the lien. And we'll also now be able to impose the TOT liability onto any successor owner, which will be consistent with state law, and as a result of the issuance of the tax clearance certificate.

[01:00:34] Finance and Administrative Services Director Derek Rampone: And here is the recommendation for the item, and that concludes our presentation. We're available for any questions.

[01:00:42] Councilmember Alison Hicks: Thank you. So do council members have questions?

[01:00:49] Councilmember Alison Hicks: I do not see any questions. So, uh, now any member of the public either virtually or in person, if you're in person, submit a card, if you're virtual, uh, raise your hand.

[01:01:04] Councilmember Alison Hicks: I do not see any public speakers on this item, so I'll bring the item back for council deliberation and action. And note that a motion to approve the recommendation should also include reading the title of the ordinance attached to the report.

[01:01:20] Councilmember Alison Hicks: Okay, I see a motion by Councilmember Abe-Koga. And a second by Councilmember Kamei. Um, and... uh, Councilmember Abe-Koga, would you like to read the, your motion?

[01:01:35] Councilmember Margaret Abe-Koga: Thank you, Councilmember. Yes, I'd like to make a motion to introduce an ordinance of the City of Mountain View amending Chapter 33 of the Mountain View City Code to add additional efficient mechanisms for collection of transient occupancy tax to be read in title only, further reading waived, and set a second reading for December 10th, 2024.

[01:01:56] Councilmember Alison Hicks: Okay, we will now deliberate on that. And I see that the Vice Mayor has a comment. Or a question.

[01:02:04] Vice Mayor Lisa Matichak: Yeah, sorry, I did have a question, it took me a little bit to raise my hand there. Um, I sent in quite a few questions about, um, what types of properties this applies to, and I also had a discussion with our city attorney about this, and I guess I just want to clarify for everyone that, and correct me if I'm... if I don't have the correct understanding,

[01:02:25] Vice Mayor Lisa Matichak: um, that because, um, of the definition of hotels, um, in, is it Chapter 33? That this does apply to short-term rentals, um, that are done on platforms like Airbnb or VRBO. Is that correct?

[01:02:44] Senior Assistant City Attorney Mitesh Bhakta: Thank you for the question, Vice Mayor. And just to clarify for everyone, this would apply, the transient occupancy tax is applicable to short-term rentals under the Short-Term Rental Ordinance, which separately requires all short-term rental operators to pay TOT to the city. So that is an independent requirement of the Short-Term Rental Ordinance.

[01:03:03] Senior Assistant City Attorney Mitesh Bhakta: And because this only modifies the Transient Occupancy Tax Ordinance, any new requirements imposed on hotel operators automatically flow through to short-term rental operators as well.

[01:03:20] Vice Mayor Lisa Matichak: Okay, thank you.

[01:03:23] Councilmember Alison Hicks: So, do council members have other questions or comments?

[01:03:31] Councilmember Alison Hicks: I don't see any more. So the, um, so the city clerk will now take a roll call vote.

[01:03:42] City Clerk Heather Glaser: Councilmember Abe-Koga?

[01:03:43] Councilmember Margaret Abe-Koga: Aye.

[01:03:44] City Clerk Heather Glaser: Councilmember Kamei?

[01:03:45] Councilmember Ellen Kamei: Yes.

[01:03:46] City Clerk Heather Glaser: Councilmember Hicks?

[01:03:47] Councilmember Alison Hicks: Yes.

[01:03:48] City Clerk Heather Glaser: Councilmember Ramirez?

[01:03:48] Councilmember Lucas Ramirez: Yes.

[01:03:49] City Clerk Heather Glaser: Councilmember Ramos?

[01:03:50] Councilmember Emily Ann Ramos: Yes.

[01:03:51] City Clerk Heather Glaser: Vice Mayor Matichak?

[01:03:52] Vice Mayor Lisa Matichak: Yes.

[01:03:54] City Clerk Heather Glaser: Mayor Showalter?

[01:03:55] Councilmember Pat Showalter: Yes.

[01:03:56] Councilmember Alison Hicks: Motion carries unanimously.

9. COUNCIL, STAFF/COMMITTEE REPORTS

[01:04:02] Councilmember Alison Hicks: Okay, so now we move on to item nine, which is Council, Staff, Committee Reports. Do we have any reports?

[01:04:14] Councilmember Alison Hicks: Um, Councilmember Ramirez.

[01:04:17] Councilmember Lucas Ramirez: Uh, thank you, Councilmember Hicks. I want to, um, express my appreciation to, uh, the Mountain View voters who approved Measure G last Tuesday. Uh, and also to, uh, the staff, uh, who, uh, helped put together that measure, and my colleagues on the Council Finance Committee who, uh, worked with the staff early on to develop the revenue measure, and then also to the full council who, uh, unanimously supported, uh, placing that measure on the ballot.

[01:04:46] Councilmember Lucas Ramirez: Uh, and, uh, I'm very excited to, uh, begin the hard work of investing that money and delivering many of the priorities and, and, um, uh, the objectives that we've committed to, uh, to our community. Thank you.

[01:05:01] Councilmember Alison Hicks: I second that. Um, Councilmember Abe-Koga.

[01:05:05] Councilmember Margaret Abe-Koga: Thank you, Councilmember. Um, I just wanted to report out that, uh, at our Caltrain Board meeting last week, um, I brought up under board requests, um, that we, um, look at the cost of grade separation projects. I was, uh, informed by city staff that our Rengstorff project has increased in cost by almost another hundred million dollars,

[01:05:32] Councilmember Margaret Abe-Koga: and we were very close to, um, closing the gap that we had prior, including, uh, having a couple of grant applications into the federal government. And this now with the increase, um, that puts any grant applications in jeopardy because they require us to be fully funded otherwise. And so, um, when I talked with VTA staff and they have, um, offered to take a second look at the project and the costs and do an analysis.

[01:05:53] Councilmember Margaret Abe-Koga: And then I did ask our Caltrain Board to also bring it back, um, for a deep dive discussion at the board level on, frankly, not just ours but all of these grade separation projects, because we've seen the increase and there's a Burlingame project that also is almost complete and got pulled because its costs increased, and it's just, um, becoming untenable if these continue.

[01:06:17] Councilmember Margaret Abe-Koga: So, um, that will happen at some point in the new year, and I will be on it... and I won't be here but I will definitely keep staff apprised of what we discuss, and we hopefully can find ways to, to make it more efficient and less costly. And, um, so I will just keep you all posted on what gets discussed. Thanks.

[01:07:00] Councilmember Alison Hicks: Thank you, Councilmember Kamei.

[01:07:02] Councilmember Ellen Kamei: Great. Uh, thank you, Councilmember Hicks. I have two things I'd like to report on. Uh, the first is, um, on the 29th we had the Pacific Clinics open house, and we saw the CHAC item on consent. Just wanted to take a point, uh, to thank in the audience we have our assistant city manager, Audrey Ramberg, who has been instrumental as we have wound down the JPA,

[01:07:29] Councilmember Ellen Kamei: and, uh, per the staff report is going to be, um, the administrative, um, delegate to the unwinding over the next two years. And just want to thank her for all her help with this heavy lift as we have transitioned CHAC to Pacific Clinics.

[01:07:46] Councilmember Ellen Kamei: Um, also on the same day, very popular, was our CTC meeting, our Council Transportation Committee meeting. Um, we discussed the Personal Delivery Device program and updating that. We also had a Neighborhood Traffic Management Program, um, application for Wasatch Drive. You may have heard about it, it was about, um, closing it, um, to vehicular traffic.

[01:08:15] Councilmember Ellen Kamei: Um, and then, um, as was just mentioned, we talked about Castro Street and the Rengstorff grade separation projects, as well as the Active Transportation Plan and Transportation Demand Management Ordinance, which will be coming. It's going to look like a busy CTC year, so... oh, in 2025. Thanks.

[01:08:50] Councilmember Alison Hicks: Thank you. Now I'm going to take virtual council members and mayors and so forth. I'm going to take you from, uh, left to right. I don't know what order you raised your hands in. So, uh, Councilmember Ramos.

[01:08:52] Councilmember Emily Ann Ramos: Thank you, Councilmember Hicks. Um, I wanted to report out. I don't know who does the report out for the NOFA committee because we met there, met that since the last council meeting or if there's even a report out for that.

[01:09:01] Councilmember Emily Ann Ramos: But, uh, I did want to report, um, on last Friday, I, uh, attended a press conference, um, uh, that was run essentially in partnerships with a number of nonprofits, the county, and I believe the city of San Jose.

[01:09:20] Councilmember Emily Ann Ramos: Um, I, I spoke on behalf of the, um, I guess they were calling them the smaller cities. Um, they had a number of speakers, uh, from the county, from some nonprofits and from the city of San Jose, and they felt it was important to include the voices of the non-San Jose cities in our county.

[01:09:39] Councilmember Emily Ann Ramos: Uh, there have been, obviously with the last election, there have been some concern in the community, um, about, uh, actions that could take place against, um, certain populations, uh, like our immigrant community, um, our LGBTQ+ community, our communities of color.

[01:10:00] Councilmember Emily Ann Ramos: Um, and so this press conference was more of a stand in solidarity, and that our cities and our county is committed to ensuring that, um, these communities will remain protected regardless of what will come out of the, um, what will come out of this next presidential administration.

[01:10:22] Councilmember Emily Ann Ramos: Um, and, uh, reiterating how Mountain View is a community for all. Um, so that was, that was great. Um, I believe, uh, Councilmember Ramirez and Councilmember Abe-Koga were also in attendance of that press conference. It was a good one. And that is all I have to report.

[01:10:43] Councilmember Alison Hicks: Thank you. Now the Mayor.

[01:10:49] Councilmember Pat Showalter: Yes, I have a couple of things, um, I'd like to report, too. Um, on October 23rd, so the day after our last meeting, um, we convened a meeting on sea level rise protection, uh, for Santa Clara County elected officials from all of the shoreline cities here.

[01:11:09] Councilmember Pat Showalter: And, um, I was really, uh, very pleased that there were representatives from all of the cities and NASA. So, um, the purpose of this meeting was really to bring everybody together to share the story of what is being done to protect us all from sea level rise locally.

[01:11:30] Councilmember Pat Showalter: And, um, we had three or four presentations, um, to share that information. John Bourgeois from Valley Water talked about what is being done in Alviso and most of the San Jose area.

[01:11:45] Councilmember Pat Showalter: And also the Phase Two project with the Corps of Engineers that was recently, um, sent a letter saying it didn't pencil out and they're not going forward with it for the next two decades. Um, then Raymond Wong gave a presentation about what's happening in Mountain View, and Julie Weiss from Palo Alto gave a presentation about what's happening in Palo Alto.

[01:12:00] Councilmember Pat Showalter: And then BCDC staff, um, they gave a presentation on the draft guidelines for regional shoreline adaptation plans that need to be finalized by the end of this calendar year. And it's going to require that every city or county, um, prepare a sea level rise protection plan, and we can do this individually as cities or we can do it in a multi-jurisdictional fashion.

[01:12:26] Councilmember Pat Showalter: So this was an opportunity to bring the people from elected officials from all the cities that are involved in Santa Clara County together to talk about that.

[01:12:41] Councilmember Pat Showalter: We also had a presentation from the county. Um, they are doing a great deal of work on climate resilience, um, and they're doing it on a very comprehensive level. Not just sea level rise, they're talking about heat issues, inland flooding, biodiversity issues, all sorts of things.

[01:12:56] Councilmember Pat Showalter: Um, so after some discussion, we agreed to send our staffs back to give us a recommendation about how we should move forward on the development of the regional adaptation plans.

[01:13:18] Councilmember Pat Showalter: And the staff that were there thought that it would probably be good to reconvene in four to six months. So I will keep you apprised of that as time goes on, but I really want to thank particularly Lisa Au and Raymond Wong. There were a number of other people, Rebecca Lucky of our staff who really helped to put this meeting together. It was a good one.

[01:13:39] Councilmember Pat Showalter: And then I wanted to share that I've gone on a couple of business visits, and one of them I went to last week was... or I mean the week before last, was Wisk, and they are developing autonomous flying taxis.

[01:14:11] Councilmember Pat Showalter: So they literally have small planes that they think will function, that they are making to function as taxis. Not taxis to go from sort of your house to a restaurant, but taxis to go more on the order of 20 to 50 miles.

[01:14:29] Councilmember Pat Showalter: So for instance, if you wanted to go to the airport and, you know, go to the airport from your house, you could conceivably take one of these from one airport to another. So that was pretty interesting.

[01:14:49] Councilmember Pat Showalter: Um, but the most momentous thing, besides the press release that Emily just talked about, that I really wanted to share with you, you were all there, but I just, I want to make sure that we get it in the minutes.

[01:15:04] Councilmember Pat Showalter: We had ribbon cuttings for two affordable housing projects two days in a row! I mean, that's never happened before in my 25 years of working on affordable housing, and it was just wonderful.

[01:15:18] Councilmember Pat Showalter: One of them was the teacher housing, the teacher housing project for, that we're doing in coordination with the Mountain View Whisman School District. And I think all of us were there.

[01:15:34] Councilmember Pat Showalter: And then the other one was the following day, um, the Crestview Hotel, which is now called The Heartwood.

[01:15:44] Councilmember Pat Showalter: And it is almost all leased out, and part of the group that it's oriented toward is youth that have aged out of foster care. They have a very, very high percentage of becoming homeless in those first few years out of foster care. So this is to help work on that.

[01:16:04] Councilmember Pat Showalter: So, for me, you know, it was really wonderful to have all of our work, or, you know, half our work on affordable housing kind of highlighted like that. I mean, we should feel very good, we should be very, very good about these two accomplishments.

[01:16:13] Councilmember Pat Showalter: Um, and so I think that wraps it up for me. I've gone to all sorts of other things, but they weren't necessarily paid for by the city, so I won't take time. But it's been a very, very busy period.

[01:16:37] Councilmember Pat Showalter: And I, I too want to sort of thank Councilmember Ramirez for the lead he took in getting Measure G across the finish line, because he actually put together the campaign.

[01:16:57] Councilmember Pat Showalter: And we all know that you just can't get anything passed without a campaign. So I really appreciate all the work you did to make that happen. So thank you. That's my report.

[01:17:31] Councilmember Alison Hicks: Thank you. Now we have the Vice Mayor.

[01:17:34] Vice Mayor Lisa Matichak: Thank you. I have a couple of things to report on. Uh, first, along with some of my colleagues, I attended the NASA Ames luncheon in recognition of Congresswoman Eshoo, that was on October 29th.

[01:17:48] Vice Mayor Lisa Matichak: And this was specific to thank and recognize her for all of her efforts that she's done on behalf of the different organizations who are at Moffett Field. And it was really nice. I was very touched by the things they had to say about her.

[01:18:07] Vice Mayor Lisa Matichak: Um, I also, as Councilmember Kamei mentioned, participated in the Council Transportation Committee meeting on October 29th. And one of the items that will be coming to council, and that's closing, and I just want to clarify, it's the intersection of Diericx and Wasatch that would be closed to vehicular traffic, not all of Wasatch.

[01:18:31] Vice Mayor Lisa Matichak: Um, and then I also participated in the Navy Moffett Field Restoration Advisory Board meeting, and that was held on November 7th. Thank you.

[01:18:50] Councilmember Alison Hicks: Thank you. And Councilmember Kamei, do you have another comment or... no? Okay.

[01:18:51] Councilmember Alison Hicks: I thought you had... further comment. In that case, um, we're going to item 10, which is Closed Session Report. City Attorney Logue, do you have a closed session report?

10. CLOSED SESSION REPORT

[01:18:58] City Attorney Jennifer Logue: Thank you. No, there's no closed session report this evening.

11. ADJOURNMENT

[01:19:04] Councilmember Alison Hicks: Then we will move on to item number 11, Adjournment. The next city council meeting will be held on November 19th, and this meeting is adjourned at 8:19.