Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 3, 2015 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager Plans and Public Works, Finance Director, Community Services Director, Fire Chief, Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Assistant City Attorney, Principal Planners, Associate Civil Engineer, Housing & Property Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Receive Presentation on Community Emergency Response Team (CERT) (Fire - 602-07) Action: Received presentation Fire Chief Panholzer introduced Demetrius Kastros, who presented details of CERT activation and operations. He noted that CERT always operates in teams and within their scope of training. On question, Mr. Kastros explained the function of the Emergency Operations Center (EOC) and how people could sign up for CERT training. On further question, he said that CERT benefits not only the community as a whole, but the individual trainees and their families. On a suggestion from a Councilmember, Mr. Kastros noted that CERT training provides 25-30 hours of service credit. Mayor Roberson opened public comment on the item. Dennis Duke, Skyline Forrest representative, said that having CERT volunteers on a site allows Fire Department employees to continue with their business. He emphasized the importance of getting emergency training. Lee Whitney, CERT Team Captain for Oak Grove area, said that it is important for individuals to be prepared for emergencies, and training will help with that. Derek Humor, Monterey High School student, suggested giving CERT presentations at the high school and possibly at the middle school. Having no further requests to speak, Mayor Roberson closed public comment, thanking the volunteers. CONSENT ITEMS Mayor Roberson said that Item 4 will be pulled from the Consent Agenda for discussion. Councilmember Downey removed Item 3 to get clarification. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda, noting an amendment to the January 20 Minutes and except Items 3 and 4 that were removed for discussion:  City Council Minutes Tuesday, February 3, 2015 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. January 20, 2015 (Information Resources - 701-09) Action: Amended and approved Ordinances 3. 1st Reading – Amend Monterey City Code Section 26-2 to Provide That Planning Commission Members Whose Terms Have Expired Shall Continue to Serve Until Their Vacancy is Filled by the City Council (City Attorney - 701-11) Action: Removed from Consent; discussed; passed Ordinance to print On question, City Attorney Davi explained that this item would retain Planning Commissioners past the end of their term if a replacement appointment had not yet been made. Mayor Roberson opened public comment on the item, no one came forward, and he returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Roberson, and carried by the following vote, the City Council passed an Ordinance to print to amend Monterey City Code Section 26-2 to provide that Planning Commission members whose terms have expired shall continue to serve until their vacancy is filled by the City Council: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. 1st Reading to Amend Monterey City Code Section 20-74 Pertaining to Peddling Food from the Public Right-of-Way; Amend Monterey City Code Section 32-3 to be Consistent with Monterey City Code Section 20-74 Providing that Section 32-3 does not Regulate Public Streets. (City Attorney - 701-11) Action: Removed from Consent; discussed; continued to 2/17/15 City Attorney Davi introduced Assistant City Attorney Salameh, who presented the staff report and answered Councilmembers' questions. Ms. Salameh reviewed changes that have been made to the draft ordinance in order to address concerns that were expressed by members of the public. Councilmember Downey asked questions and voiced safety concerns regarding crowded sidewalks potentially causing people to have to walk into the street. On further question, Ms. Salameh explained that if problems arise after implementation, the Ordinance can be amended to address safety concerns. On question from Councilmember Smith, Associate Civil Engineer Renny said that the term "block" could be further defined in the Ordinance. Mayor Roberson suggested defining it as "intersection-to-intersection." 2  City Council Minutes Tuesday, February 3, 2015 Mayor Roberson opened public comment on the item. Jason Retterer, Cannery Row Business Association, said that they appreciate the City's consideration of their concerns. He noted that not all of the suggested changes were included, and in particular they would like the ordinance to incorporate language that states the trucks would not obstruct the free-flow of pedestrians. Having no further requests to speak, Mayor Roberson closed public comment on the item. Ms. Salameh reiterated that the same restrictions could apply to other types of businesses, and the desire was to treat all businesses equally. On question, Chief Penko said that pedestrian flow is like running water and enforceability would be a challenge. Councilmember Barrett said that some statements have caused him to view this as an ordinance in search of a problem, saying that there is not a problem at this time. He reviewed several sections of the ordinance and said that a sixty minute limitation is severe for this type of business. He voiced concerns regarding restricting entrepreneurs. He noted that while he did not ask for this item to be pulled, he does not support the ordinance. Mayor Roberson suggested continuing the item, and Councilmember Haffa agreed and urged Councilmembers to read Ms. Salameh’s letter to the Cannery Row Company. It was moved by Councilmember Haffa, and seconded by Councilmember Smith, to continue the item to February 17, 2015. Councilmember Downey offered a substitute motion to approve the staff recommendation with the addition of asking Cannery Row Company monitor the situation and take photos for three months and report back to the City Council, and Councilmember Haffa seconded the substitute motion. Councilmember Smith voiced concerns about publishing a temporary ordinance that might be changed and said that he would like the item to come back with more definition of the term “block,” and he would prefer a clean first reading. The substitute motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Haffa, NOES: 3 COUNCILMEMBERS: Barrett, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The original motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5. 2nd Reading to Repeal Monterey City Code Section 20-86.3 to Bring Monterey's Parking Enforcement Code Current (City Attorney - 701-11) Action: Adopted Ordinance No. 3510 3  City Council Minutes Tuesday, February 3, 2015 Resolutions 6. Authorize the City Manager to Enter into an Agreement with the Transportation Agency for Monterey County to Allocate Regional Surface Transportation Program Funding and Appropriate Regional Surface Transportation Program Funds (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-017 C.S. 7. Authorize Appropriation of Community Foundation for Monterey County Grant Funds for Colton Hall Americans with Disability Act (ADA) Accessibility Study (Library - 409-05) Action: Adopted Resolution No. 15-018 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened the floor for public comment on items not on the agenda. Jerilynn Crivell, President of the Civic Club, invited Council to attend the LaTardeada Fiesta and El Baile De Los Cascarones event on Valentine's Day. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 8. Authorize City Manager to Enter into an Exclusive Negotiating Agreement with Mid-Peninsula Housing The Farm, Inc. Including a Pre-Development Loan in the Amount of $195,000 for Disposition and Development of a 19-Unit Affordable Senior Housing Project on City Owned Land in the 600 Block of Van Buren Street (Plans & Public Works - 206-03) Action: Adopted Resolution No. 15-019 C.S. (4-1; Downey voting no) Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Wanda Sue Parrott, columnist for the Pacific Grove Cedar Times read an excerpt from a letter to the editor that advocated the need among women for low cost senior housing and supported the ENA. Ms. Scott, Monterey Peninsula College employee, said that most teachers there are part time teachers and most are women. She said that many of these people are in a position of needing affordable senior housing, and she supported the ENA. Kathleen Baker, Gathering Place volunteer, spoke in support of the ENA, saying that housing homeless persons decreases community costs, and low income housing is needed. Rene Franken, Monterey resident, said that she has spent about forty years in the affordable housing field. She spoke in support of MidPen developers and the ENA proposal. Carl Outzen said that the City is donating the land and providing incentives, but there is no guarantee that current Monterey residents will occupy the apartments. He suggested adding a sunset clause to the lease term so it could be renegotiated. Teresa Sullivan, Executive Director of Alliance on Aging, spoke in support of the ENA, saying the development of the units would make a positive impact on the community. Seth Pollack, Monterey resident and professor at CSUMB, said that the development is important, and he supported the ENA with MidPen, noting that the economy is regional. A 4 City Council Minutes Tuesday, February 3, 2015 speaker from the Unitarian Universalist Faith in Action organization agreed with previous speakers, supporting the ENA and offered assistance. Rosemary Robert, Portola Vista resident, spoke in support of the ENA and the project. Mayor Roberson closed public comment on the item, noted that it would be reopened at the 7:00 session, and called a recess at 5:53 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m. All City Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson noted that there were no announcements because the closed session was not held this afternoon. Mayor Roberson reopened public comments on Item 8. Betsy Wilson, Director of Housing at MidPen Housing, gave a brief overview of their organization and the properties they have constructed and manage. She reviewed the Van Buren Street proposal, including the plans, per unit costs and factors that impact those costs. She reviewed the project schedule and next steps. Nelson Vega said that this is taxpayers' money and suggested that purchasing already completed units would cost less than half as much. He said that MidPen is a billion dollar corporation and its principals are living off the taxpayers. He said this is a bad system and that Monterey should do better. Carl Briginsky, Monterey resident and member of the Advisory Council on Aging, said that he would be concerned as a taxpayer about having to return the money to HUD if the project is not built. He supported the project. Having no further requests to speak, Mayor Roberson closed public comment. It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to adopt Resolution No. 15-019 C.S., authorizing the City Manager to enter into an Exclusive Negotiating Agreement with Mid-Peninsula Housing The Farm, Inc. including a pre-development loan in the amount of $195,000 for disposition and development of a 19-unit affordable senior housing project on City-owned land in the 600 Block of Van Buren Street. On question, Property and Housing Manager Marvin said that if the project did not go forward, the remainder of the loan proceeds would be returned to the City. Councilmember Barrett said that the loan would come from the Successor Agency of the RDA, and can only be spent on affordable housing. Councilmember Downey said that this is extremely generous of the City due to the granting of the land and water for the project. She said she would like to have Mr. Outzen invited to meetings regarding this development. She said that she met with MidPen developers and toured some of their properties. She said that she would rather help more seniors, she agrees with Mr. Vega's comments, and would like to look at existing units that could be purchased. Councilmember Haffa said that the City can approve this proposal and pursue working with private developers. He said that the total cost of City money is $50,000 and he sees moving forward with this project as being the responsible action. He suggested working with the Housing Department to explore other potential projects. 5 City Council Minutes Tuesday, February 3, 2015 Mayor Roberson noted that inclusionary ordinances were very popular when he was first elected in 1981. He said that some of those inclusionary housing laws subsequently were struck down by the court. Councilmember Smith said that he met with MidPen and was impressed with the company as he researched it. He said that land in Monterey is expensive and water is scarce, which increases costs. He said that there are six blocks in the development and the location is exactly right for this project. Councilmember Downey clarified that she does not support having the City build these units. Councilmember Barrett said that he lived in one of the homes in the 70s that is going to be redeveloped. He said that if there is any energy to work on the solution suggested by Mr. Vega, he would support that, and that he would support the motion. Mayor Roberson said that these opportunities are rare and this is a unique opportunity. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None WATER UPDATE Councilmember Downey asked about a letter presented to the Water Authority. Mayor Roberson said that Mayor Burnett said that he submitted a proposal with milestones to lessen the cease and desist order, and that letter had not been before the Authority. He said that he would give an update after their next meeting. Councilmember Smith said that, when appropriate, he supports having Executive Director Cullem present a report at the Council meeting. Mayor Roberson opened public comment on the item. Nelson Vega said that Mr. Cullem gives an important synopsis regarding the water authority meetings. He supported having him come to Council meetings to give a report. He said that the test well has been drilled and will be drawing water in about two weeks. With no further requests to speak, Mayor Roberson closed public comment on the item. CONTINUED PUBLIC COMMENTS Richard Ruccello announced that the Friends of the Library are having their 10th Annual Wine and Chocolate Tasting on February 20, and every dollar raised goes to the Library. He said that the CERT presentation was excellent and he has been supporting the idea of using it for community service for Monterey High students for many years. He suggested issuing ID cards to graduate, talking to the Superintendent, and getting a trailer to haul supplies. He voiced concerns regarding uninhabitable buildings in Monterey and asked Council to do something about it. He asked that the NIP project to fix the Chamber seats move forward. Luis Osorio said that the Downtown needs help to get a better mix of businesses and the Council should take strong action to that end. He said that Monterey has become the hub of 6  City Council Minutes Tuesday, February 3, 2015 massage parlors on the Peninsula, and he urged Council to take a look at it. He said that the planning process in California is designed to allow people to participate in the process. Mary Alice Cerrito Fettis, Fisherman's Wharf Association, thanked the Council for loaning them barricades for Whalefest. She said that the event was very successful and attendance increased this year. She said that professors and professionals give relevant presentations. Nelson Vega said that the Conference Center presentation last week was excellent and it is important to move the project forward as quickly as possible. Mike Brassfield, CONA resident, said that he talks with new business owners on North Fremont and asks what they like and don't like. He said that they all don't like two properties on the street. He said that Mr. Vega assured him that he will move a project forward on one of them. He voiced concerns regarding the mix of businesses on Alvarado Street. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Smith report on a recent TAMC board meeting where they received a presentation regarding a potential self-help tax measure. He gave a report on the MCCVB meeting where an overview of the Convention Center project was given, and said that they are anxious about the construction dates. He reported on the Town Hall meeting on the Conference Center, and said that tomorrow the ARC will hear the project. He said that he attended the New Monterey Neighborhood Association with Mayor Roberson and they talked about the vision for the future. Councilmember Downey offered kudos to the Housing Department for their brochure outlining money that is available for housing. She reported on last week’s Conference Center meeting. She offered kudos to former Acting Human Resources Director Maloney, who recently retired. Ms. Downey supported the idea of limiting massage parlors. She gave a brief update on the MRWPCA recycled water project. Councilmember Haffa said that he attended a study session regarding the development of trails at FORA, where he learned that property values increase 15% in areas near trails. He noted that bike trails have been developed in ski areas to attract tourists during years when there is little snow. He said that he watched the video of the Conference Center meeting, and he was happy to hear that the customers like the design. Mayor Roberson called a recess at 8:10 p.m., then reconvened the meeting at 8:20 p.m. PUBLIC APPEARANCE 9. Receive Report from Dover Kohl & Partners on the Preparation of the Regional Urban Design Guidelines for former Fort Ord (Plans & Public Works - 203-02) Action: Received and discussed report Councilmember Haffa introduced Principal Planner Caraker, who introduced the item. Ms. Caraker introduced representatives from Dover Kohl and Partners. Jason King, Principal, gave the presentation and answered questions. Mayor Roberson opened public comment on the item. Luis Osorio said that Fort Ord will be the economic engine of Monterey County, and the land use planning model is a good one. He noted that Monterey is ahead of the game, having passed the North Fremont and Downtown plans. Having no further requests to speak, Mayor Roberson closed public comment. 7  City Council Minutes Tuesday, February 3, 2015 PUBLIC HEARING 10. Consider 479 Alvarado Street; Appeal 14-514 of Planning Commission Approved Revisions to Use Permit 11-154 (Live Entertainment); Appellant: Anthony Buich; Property Owners: William & Laura Stahl, Trustees; PC-D Zoning District; Exempt from CEQA Requirements Action: Continued to February 17, 2015 Mayor Roberson noted that the hearing is recommended for continuance and opened the public hearing. Having no requests to speak, he closed the hearing. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to February 17, 2015: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Consider 2252 North Fremont Street; Appeal 14-499 of Planning Commission Denial of Sign Permit 14-282 for a New Multi-Tenant Sign Program; Applicants/Owners Mary Alice Cerrito Fettis & Gloria Brown; PC-NF Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Resolution No. 15-020 C.S. denying the appeal of 2252 North Fremont Street Senior Planner Hopper presented the staff report and answered Councilmembers' questions. Councilmember Smith disclosed that he did a site visit with the appellant to observe the area. Councilmember Downey disclosed that she discussed Mary Alice Cerrito Fettis' request with her and visited the site. Councilmember Barrett said that he also discussed this issue with Ms. Cerrito Fettis, along with other items. Mayor Roberson opened the public hearing to the appellant. Mr. Coe, owner of Country Club Cleaners, said that a new sign is very important to his business. He asked if it is possible to postpone the matter until redevelopment of North Fremont. Mary Alice Cerrito Fettis, property co-owner, said that the tenants share the parking spaces and get along very well. She asked to redo the sign when economic development is in full swing, the undergrounding is completed, and the sidewalks are installed. She said that the plan implementation will disrupt business and she would like a reprieve of a few years for the tenants. Mayor Roberson opened the floor to the general public. Mike Brassfield encouraged the Council to uphold the decision of the Planning Commission. Richard Ruccello gave a brief history of the North Fremont plan, and urged Council to uphold the Planning Commission decision. Having no further requests to speak, Mayor Roberson closed the public hearing. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to deny Appeal 14-499 of the Planning Commission denial of Sign Permit 14-282 for a new multi-tenant sign program. Councilmember Downey said that the signs are a problem on North Fremont, and the adopted plan addresses that problem, so it is important to support that in order to upgrade the area. 8  City Council Minutes Tuesday, February 3, 2015 Councilmember Barrett said that the commissions did their job in reviewing this matter. He said that he is also sensitive to the businesses, noting that when the North Fremont Street improvements are complete the owners could change the sign to match the area. He said that the long term impact of granting the appeal could be positive, so he is undecided at this moment. City Attorney Davi clarified that there is no legal way to compel the property owner to change the sign in the future if it is approved tonight. Councilmember Haffa said that he respects the businesses and it is important to begin implementing the plan and support the Planning Commission. He suggested that, if possible, the sign be designed so it could be moved in the future. Councilmember Smith said that there will be a beautiful sign in the location to advertise the businesses. He said that the plans are in place, there was no error in the decision, so Council must follow the law. Mayor Roberson said that while Council wants to support local businesses and does not want to burden redevelopment, it is important to support the process. Councilmember Barrett said that he hears that Monterey's sign requirements are onerous and he would like to look at this issue in the future. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None City Attorney Davi gave notice of pursuant to City Code 2-3.3 that the time in which judicial review of the City Council’s decision may be sought is governed by Code of Civil Procedures Section 1094.6. Mayor Roberson called a recess at 9:31 p.m., then reconvened the meeting at 9:40 p.m. 12. Consider 520-522 Fremont Street Appeal of a Mixed Use Project; Appellant: Clyde Roberson; Property Owners: Cosentino 2000 Family Trust, Cosentino 1995 Family Trust and Anthony, Nella, and Louie Cosentino; C-2 Zoning District; Negative Declaration Proposed (Plans & Public Works - 202-02) Action: Adopted amended Resolution No. 15-021 C.S. denying the appeal and approving application 14-136 for a use permit and variance at 520-522 Fremont (3-1-1; Downey voting no, Roberson not participating) Mayor Roberson said that he is the appellant pursuant to Monterey City Code Section 38-209. On request, City Attorney Davi explained an appeals court decision last week that would require Mayor Roberson to recuse himself for due process reasons. The Mayor turned the gavel over to Vice Mayor Haffa and left the Chamber at 9:44 p.m. Vice Mayor Haffa noted that the Council received a number of communications from the public regarding this item. Principal Planner Cole presented the staff report, recommending denial of the appeal and answered Councilmembers' questions. Vice Mayor Haffa opened the public hearing. Paul Davis, representing the applicant, said that the location is the perfect place for a mixed use project. He said that the desire is to carry out 9 City Council Minutes Tuesday, February 3, 2015 the Monterey architecture that is prevalent in that location. He said that there are fourteen parking spaces for the units, plus two spaces for the commercial portion, and customers will be able to park on Fremont Street. Anthony Cosentino said that it is an exciting time to be part of Monterey. He said that eight businesses in the area support this project. He said that he is working with one business owner on the parking plan. Howard Fosler, New Monterey Neighborhood Association, spoke in support of the project. He voiced concerns regarding the number of exceptions to the specific plan for this project. Rick Heuer, property and business owner at 552 Fremont Street, said that Perry Street parking is very congested and any new building should provide all needed parking. He supported the project, but not the parking variance. Richard Ruccello said that he is satisfied that the project does not negatively impact the nearby national monument. He voiced concerns regarding the parking requirements being inadequate. Anthony Davi, Monterey resident and business owner, suggested that if there is a problem with parking, time limits should be implemented. He supported the project. Gasper Cardinalli, Monterey resident, noted that the ARC and Planning Commission have approved this project. He said that parking is always an issue, and all of the parking spaces will not be filled at all times. He supported the project. Bill McCrone, Planning Commissioner, said it is not fair to visit the parking problems created by grandfathered businesses on the new business. He supported allowing the project to move forward. Nelson Vega supported the project, agreeing with the previous speaker. He said that it would not be prudent to have a project fail because of short-sightedness. Mike Brassfield said that the only way to get additional parking is to pay for it. He said that it is important to address this issue now rather than exacerbate it. Having no further requests to speak, Vice Mayor Haffa closed the public hearing. It was moved by Councilmember Downey, and seconded by Councilmember Smith, to deny the appeal of the mixed use project. Councilmember Barrett said that while it is reassuring that Mr. Cosentino has experience managing a parking program, he is concerned about granting a parking variance. He said that he supports multi-use development. He suggested a better definition of whether this is an 'affordable housing' project. Councilmember Smith said that this is not right, it's not wrong, it's just different. He said that most projects will have some variances, he believes that these variances are mitigated, and he is in agreement with the Planning Commission. Councilmember Haffa asked the motion maker to consider the unbundling issue. He noted that the City Council gave water to this project based on the affordable units. He reviewed the variances that are being proposed and suggested asking for one more moderate income unit. On request, Principal Planner Cole clarified that there are two variances and two use permits. Councilmember Downey said that it is not required to gain affordable housing in exchange for variances. Councilmember Barrett said that he would feel better if there were more affordable housing. He supported Councilmember Haffa's suggestion. On question, Mr. Consentino said that he would supply one additional moderate unit to move the project forward. 10 City Council Minutes Tuesday, February 3, 2015 Councilmember Downey amended her motion to require one additional moderate unit and unbundle the parking, and direct staff to bring back an amended Resolution to the next City Council meeting and the seconder agreed. Council recessed from 11:15 and reconvened at 11:23 p.m. Councilmember Downey said that requiring a third unit brings the affordable housing up to 22%, and the City normally requires a 15% standard. Councilmember Barrett said that he feels comfortable with the proposed compromise. Councilmember Downey withdrew her motion and the seconder agreed. It was moved by Vice Mayor Haffa, and seconded by Councilmember Smith, to deny the appeal of the mixed use project and amend Resolution No. 15-021 C.S. to require a third moderate income unit and to unbundle the parking. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barrett, Haffa, Smith NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Roberson CITY MANAGER REPORTS Due to the lateness of the hour, there was no report. ADJOURNMENT Having no further matters to come before the City Council, Mayor Roberson adjourned the meeting at 11:31 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 11