Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 18, 2016 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, Councilmember Downey, Councilmember Haffa, Councilmember Smith, Mayor Roberson Absent: Councilmember None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager Plans and Public Works, Police Chief, Human Resources Director, Library Director, Acting Finance Director, Chief of Planning Engineering & Environmental Compliance, Principal Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Nina Beety requested that everyone in the audience turn off their wireless devices. Esther Malkin, representing the neighborhoods surrounding Laguna Grande Park, expressed concerns regarding a possible rezoning for a homeless shelter nearby. She said that there has not been adequate notice of the matter. Rene Leonard voiced concerns regarding the condition and lack of cleanliness at the transit center and the potential danger of the situation. June Stein said that the transit plaza is dangerous and filthy. She reported that people are doing drugs in the area, and the security guards are not adequately addressing the problem. Nancy Selfridge, Monterey resident, gave a brief report on her recent trip with the Rotary Club to Turkey as a representative of Monterey's Sister City program. She presented a book, Kusadasi, and dried figs on behalf of the Mayor of that City. Clark McCardy, Monterey resident in the Laguna Grande neighborhood, voiced concerns regarding the proposed homeless shelter on Casa Verde Street. He said that there was no notice, and he asked Council to provide time for further study. Mayor Roberson noted that the emergency shelter item is recommended for continuance to November 1st. Susie Allen said that she is also upset about the proposal to put a homeless shelter in the Laguna Grande vicinity. She asked that other parts of town be considered. Fire Chief Panholzer invited everyone to the Safety Fair and Open House this Saturday at the Fire Station. Rene said it is not our problem to take care of the people who just showed up here. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson asked to remove Item 3 from the Consent agenda for a brief discussion. Councilmember Haffa asked to remove Item 5.  City Council Minutes Tuesday, October 18, 2016 On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent Agenda, except Items 3 and 5, which were removed for discussion: 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 1. October 4, 2016 (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 2. Award Construction Contract for Citywide ADA Ramps and Street Reconstruction, Phase 3 (Exempt from CEQA Article 19, Section 15303, Class 3) ***Measure P *** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-201 C.S. Ordinances 3. 1st Reading – Amend Monterey City Code Chapter 19, Article 4, Section 19-103 and Amend Resolution 15-215 (Master Fee Schedule) to Modify Planning Fees for Historic Preservation Efforts, Installation of Solar Facilities and Cisterns, Appeals, Safe Parking – Continued from September 20, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Plans & Public Works - 407-06) Action: Removed from Consent; discussed: passed Ordinance to print; adopted Resolution No. 16-202 C.S.; and directed staff to bring back appeals fees for future consideration Mayor Roberson said that he is glad to see this item on the agenda. He suggested rolling back the appeal fees to the September 2014 levels. Councilmember Downey said that she would like that matter brought back for discussion. She supported waiving fees for solar installations. Councilmember Smith agreed. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed the Ordinance to print waiving various fees, amending Monterey City Code Chapter 19, Article 4, Section 19-103 and amending Resolution 15-215 (Master Fee Schedule) to modify planning fees for historic preservation efforts, installation of solar facilities and cisterns, appeals, and safe parking, and directed staff to bring back the appeals fees for future consideration: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, October 18, 2016 4. 2nd Reading – Ordinance Repealing and Replacing Articles 1.0 and 1.5 of Chapter 9, and Sections 13-0.1 through 13-2 of Chapter 13, of the Monterey City Code; Repealing Section 13-3 of the Monterey City Code; and Adopting the 2016 California Building Standards Code Including the California Building Code and Appendices H, I, J; 2016 California Historic Building Code; 2016 California Residential Code; 2016 California Plumbing Code; 2016 California Electric Code; 2016 California Mechanical Code; 2016 California Green Building Standards Code Including Appendix G and I; 2016 California Fire Code; and 2015 International Property Maintenance Code Except Section 111 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 701-11) Action: Adopted Ordinance No. 3551 5. 2nd Reading – M.C.C. Section 38-112.4 Personal Wireless Service Facilities to Reflect Changes in Cellular Technology (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 701-11) Action: Removed from Consent; discussed; and adopted Ordinance No. 3552 Senior Associate Planner Bennett presented the staff report, addressing Councilmember Haffa's question regarding staff's recommendation on amending the noise ordinance, impacts to future development, and view impacts. Councilmember Haffa said that he would like to agendize the noise aspects. Councilmember Smith suggested stronger language regarding the view impacts. Councilmember Haffa suggested adding language such as, "protecting views is a principal objective of the City Council in drafting this ordinance.” Mayor Roberson opened public comment on the item. Nina Beety said that the industry plans to install cells every 50 to 500 meters and the CEQA exemption is inappropriate. She said federal law does not preempt local control and nothing prevents the City from banning these facilities. She said this is a new barrier to the EMS disabled. She asked Council to reject the ordinance as written. With no further requests to speak, Mayor Roberson closed public comments. On question, City Attorney Davi clarified that staff's objective has been to regulate these facilities to the fullest extent possible under federal statutes. Tripp May, Special Counsel, said that both state and federal law allows the City to consider cumulative impacts on a case-by- case basis. Ms. Davi said that the ordinance as drafted will sufficiently and adequately address the stated concerns. It was moved by Councilmember Downey to adopt Ordinance No. 3552, M.C.C. Section 38- 112.4 Personal Wireless Service Facilities to reflect changes in cellular technology. Councilmember Downey amended her motion to include the language in the “whereas” section that the intent of this ordinance is to protect views, noise and quality of life in the ordinance, and Mr. Smith seconded the motion. Mr. May suggested approving the ordinance as written, with the intent and direction to staff to bring it back with the added language in Section A.1, "Purpose.” Councilmember Downey amended her motion to adopt Ordinance 3552 as written, and direct staff to bring it back to Council at a future meeting with an amended Section A.1 to include the language regarding intent, and the seconder agreed. 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 3  City Council Minutes Tuesday, October 18, 2016 Resolutions 6. Approve Fisherman’s Wharf Association’s Request for an Extended Seven-Day Locals Holiday Parking Program in the Waterfront Attendant Lot from November 28 - December 23, 2016 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 16-203 C.S. 7. Adoption a Resolution Affirming Intent to Participate in Governance and Financing Discussions for the Proposed Monterey Bay Community Power (MBCP) Joint Powers Authority (JPA) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Adopted Resolution No. 16-204 C.S. 8. Appropriate Funds Donated to the Frank Sollecito Artificial Turf Improvements Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-205 C.S. 9. Amend Resolution 16-119 (Neighborhood Improvement Program (NIP) Budget FY 2016/2017) by Adding the Ferrante Park Design Study and Authorize an Appropriation of Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-206 C.S. 10. Authorize City Manager to Execute Agreement with California State Parks Division of Boating & Waterways to Accept and Appropriate Annual Grant from the Surrendered and Abandoned Vessel Exchange Program (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-01) Action: Adopted Resolution No. 16-207 C.S. 11. Authorize an Appropriation of Funds for Purchase of Microsoft Software Licensing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Adopted Resolution No. 16-208 C.S. 12. Award a Contract for Digital Display Signage and Wayfinding Equipment for the Monterey Conference Center (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Adopted Resolution No. 16-209 C.S. 13. Award a Contract for Rugged Mobile Computer Systems for the Fire Department (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Adopted Resolution No. 16-210 C.S. 14. Award Sole Source Contract to First Alarm for Fire Alarm Monitoring and Maintenance and Ratify Payment of Past Expenditures.***PMSA*** (NEPA Not a Project, CEQA Not a project under CEQA Public Resources Code 21080) (Plans & Public Works - 701-02) Action: Adopted Resolution No. 16-211 C.S. 4  City Council Minutes Tuesday, October 18, 2016 15. Authorize and Appropriate Funds for the Purchase of the New Fire Assistant Chief Administration Vehicle and Equipment Package (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 16-212 C.S. Other 16. Approve Application for Business License Tax Exemption for Mr. James P. Murray (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 407-05) Action: Approved ***End of Consent Agenda*** Council adjourned to an Ocean View Community Services District meeting. 17. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 706-09) Action: Received report The Board adjourned back to the City Council meeting. PUBLIC HEARING 18. Appeal From California Age Management to Waive Business License Taxes (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 407-05) Action: Denied appeal Acting Finance Director Porter presented the staff report and answered Councilmembers' questions. Mayor Roberson opened the Public Hearing to the Appellant. Dr. Phillip Miller said that his organization provides a unique service, which should be considered. He said that in Section 19, there are specific references to types of businesses, and physicians are not included. He said that he has asked for mitigation of fees. Mayor Roberson opened the hearing to the general public, had no requests to speak, and closed the hearing. Councilmember Smith clarified that he believes the language in the Municipal Code is inclusive. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council denied the appeal from California Age Management to waive Business License Taxes: 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  City Council Minutes Tuesday, October 18, 2016 PUBLIC APPEARANCE 19. Amend Resolution 12-124 (Capital Improvement Program (CIP) Budget FY 2012/2013) by Amending the Waterfront Parking Lot Resurface Project Scope to Include Technology Upgrades and Approving a Supplemental Appropriation to Complete the Project (Exempt from CEQA Article 19, Section 15306, Class 6) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-213 C.S. City Engineer Wittry presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution 16-213 C.S., amending Resolution 12- 124 (Capital Improvement Program (CIP) Budget FY 2012/2013) by amending the Waterfront parking lot resurface project scope to include technology upgrades and approving a supplemental appropriation to complete the project: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson opened public comment on the closed session item. Mr. Silverie said that there is a great need for affordable housing, and the project on Alvarado will help meet that need. He noted that the project sat idle for a long time, but it has now been cleaned up and is ready for remodel. He said that there were cost increases due to prevailing wage requirements, the waterproofing, and upgrades to the specifications. Having no further requests to speak, Mayor Roberson closed public comments and Council adjourned to closed session at 5:36 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m. All Councilmembers were present. Mayor Roberson said that the staff has suggested a continuance of Item 21, and there was Council consensus to do so. Councilmember Haffa suggested directing staff to take the matter to the neighborhood meeting. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on items not on the agenda. Chuck Cech voiced concerns regarding the route that CalAm has planned for their new pipeline, saying that it is going to disrupt residents and businesses, as well as disturbing and damaging existing sewer, water, and gas pipes. He proposed using the existing ASR pipeline, saying it would be faster and less expensive. Marlene Fischer agreed with the previous speaker. David Beech agreed that the proposed pipeline would be a huge disruption to the City of Monterey and outlined a suggested procedure to study and implement the reverse-ASR alternative. 6 City Council Minutes Tuesday, October 18, 2016 Sandra Collingwood, Monterey resident, asked the Council to look into the water pipeline issue. Michael Baer, Monterey resident, said that it is not too late to study the reverse-ASR proposal. George Riley supported Mr. Cech's proposal and gave some background on the water project, suggesting that Council write letters to ESA asking that the reverse pipeline proposal be considered, the Governance Committee asking them to reconsider their decision to conduct value engineering on the pipeline, and to the Mayors’ Water Authority asking if they will support a value engineering study. Jim Morgan thanked the Police Department for helping with the parking situation on Ramona, and he asked for parking enforcement two days per week. Dick Router supported Mr. Cech's proposal and comments. Bob Evans, New Monterey resident, said that CalAm's pipeline route is going to tear up New Monterey. He supported the reverse-ASR proposal. Larry Parrish, Carmel Valley resident, said that all of the rate payers will have to pay for the pipeline, and this project is all about money for CalAm. Dan Turner said that the CalAm pipeline is a boondoggle and is intended to make money for them. He asked Council to have an engineering study done. Susie Gaffie, Pacific Grove, supported Mr. Cech and expressed disappointment that he did not have longer to speak. Chris Cook, Engineer with CalAm water, clarified that his company has regular joint meetings with all utilities and cities and are potholing right now in order to make sure they have located all utilities. He said that part of the conditions of the permit requires that all agencies be notified and regularly updated, which will ease emergency access. He said that there is less friction loss in a 36 inch pipe and the existing pipe is not large enough. He said that CalAm is sensitive to tearing up streets multiple times and they are coordinating with cities on that aspect. He said that the proposed pipeline will be able to use an existing distribution system. Rich Smeland, CalAm Water Company, said that the current route was derived from discussions with public agencies. He said that the existing pipeline is 16-inches and not large enough for this project. June Stein spoke about the dangers of distracted driving and asked that laws be changed. She said that her daughter was killed in an accident with a distracted driver Jill Johnson Villa Del Monte voiced concerns regarding an emergency shelter being built in her neighborhood, and she asked Council to consider a commercial area for this use. Having no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with real property negotiators regarding property at 406-410 Alvarado Street, negotiating parties Silverie Properties, LLC, the City Council authorized additional funding in the amount of $667,096 for the Monterey Hotel Apartment project; and directed agency negotiators to extend the Exclusive Negotiating Rights Agreement with Silverie Properties LLC and complete the disposition and development agreement (DDA) and lease with Monterey Hotel Apartments, Inc. (an affiliate of Silverie) subject to terms and conditions. WATER UPDATE Councilmember Haffa asked to agendize writing the three letters requested regarding the pipeline issue. Councilmember Downey supported that idea. 7  City Council Minutes Tuesday, October 18, 2016 COUNCIL COMMENTS Councilmember Downey asked that staff work on the Transit Plaza, and City Manager McCarthy said that the staff is already focusing on this. Ms. Downey asked to agendize campaign finance issues. Ms. Downey noted that a groundbreaking ceremony was held for the pipeline yesterday. Councilmember Haffa reported that he attended the Ralph B Atkinson ceremony where Gerry Low-Sabado was recognized for her work with the Chinese cultural work on the Peninsula. Councilmember Barrett thanked people for their time and attention when they address the City Council. He thanked the woman who spoke about distracted driving. He asked to find out about the diameter of the alternative pipeline and where we stand with the pipeline project and the effect of a delay at a future meeting. Councilmember Smith said the new basketball court is open and people are using it. He said that he attended the Pure Water groundbreaking as well. He said that it is valuable to learn more about the pipeline route, and noted that not every street will be under construction for the entire year, rather it will be for a few days or a week at a time. He mentioned that he would like to see staff look at Garden Road and the overnight parking situation. He said he is pleased that the businessman on Ramona Street has been helped. Mayor Roberson said that he took Mary Adams on a tour of the Conference Center, and she wants to work with the City. He reported that he attended a community luncheon with the Colonel at DLI and the outreach was excellent. He said that he also attended the Navy Ball, which was fun, and Admiral made him feel welcome. CITY MANAGER REPORTS City Manager McCarthy reported that the City hosted the Monterey History Fest at the Lower Presidio with 2500 guests and over 1000 people visiting the museums. He thanked the volunteers. PUBLIC HEARING 20. Approve Appeal 16-374 of Planning Commission Decision to Deny Use Permit 16-138 and Uphold Zoning Administrator Approval of a New Personal Wireless Service Facility located near 860 Wave Street; Appellant Crown Castle NG West LLC; Owner City of Monterey; Zoning District C-2 -- Continued from October 4, 2016 (Exempt from CEQA Requirements per Article 19, 15303) (Plans & Public Works - 203-02) Action: Adopted Resolution No. 16-214 C.S. approving the appeal Mayor Roberson said that his intent is to reopen the Public Hearing for new information. City Manager McCarthy introduced the item, noting that the Council conducted a site visit yesterday. Chief of Planning Cole presented the staff report and answered Councilmembers' questions. Tripp May, Outside Counsel, said that under state law, use of City property cannot be required. He cautioned about keeping the proprietary and regulatory roles of the Council separate. Mayor Roberson opened the Public Hearing to the Applicant. Michael Shonafelt, Counsel for Crown Castle, said that this is smaller technology that is in the public right of way, which is already impacted by utilities and related structures. He reviewed the importance of having coverage for emergencies, and noted that District Manager Carl Cabico and Manager of RF Engineering Morgan Hunt are present. Mr. Cabico said there is flexibility on the location as long as it's in the public right of way. 8  City Council Minutes Tuesday, October 18, 2016 Mayor Roberson opened the hearing to the general public. Frank Donangelo, Cannery Row Company, clarified that his company owns the property at 860 Wave Street. He spoke to their preference on the location at the northwest corner for aesthetic purposes, and said that they have no interest in the right of way. Nina Beety said that the appeal is without merit and Council must reject it. She said that there must be CEQA review and the devices have not been safety tested. With no further requests to speak, Mayor Roberson closed the Public Hearing and called a recess at 8:38 p.m. Council reconvened at 8:56 p.m. Councilmember Smith moved to grant the appeal 16-374 and approve the application for the use permit, upholding the Zoning Administrator decision, with a condition to place the pole in the original location and make it tall enough for a future streetlight, with direction to work with PG&E to remove the existing streetlight and pole (Southwest Corner), and Councilmember Downey seconded the motion. City Attorney Davi clarified that the City owns the light and can move it and work with PGE to move the electrical line. Councilmember Barrett asked the motion maker to consider adding a requirement for undergrounding accommodation to the motion, and Councilmember Smith agreed to add it. The seconder agreed and 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 21. 1st Reading – M.C.C. Chapter 38 Amendment to Amend Section 38-11 (Definitions) and Section 17(P) (Use Classifications); Add New Article 16B Establishing an Overlay District for Emergency Shelters and Amend Zoning Map to Apply Emergency Shelter Overlay District to the General Commercial (C-3) Zoning District – Continued from October 4, 2016 and Recommended for Continuance to November 1, 2016 (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Continued to November 15, 2016 Chief of Planning Cole presented a brief staff report and answered Councilmembers' questions. She noted that there is a consequence if the City does not come into compliance with SB2 and obtain a certified Housing Element. Councilmember Haffa asked that there be outreach to the neighborhood prior to the next meeting. Mayor Roberson read from a letter from Cathy Criswell and asked that staff find out how nearby cities and the County have met the SB2 requirement and the possibility of a multi- jurisdictional agreement. Councilmember Barrett asked if there is a deadline, and Mr. Pick clarified that there is a risk of not having a certified housing element. Mayor Roberson opened the Public Hearing. Kelly King thanked the Council for how they have handled the problems of homeless women. She said that it is not "us and them,” and she thanked Council for their time and consideration. Kayla Fossum, President of Villa Del Monte Neighborhood Association, said that the area is primarily industrial, and the C-3 zone is not the best choice for the location of a shelter. She said that there has not been enough public outreach, and said that there are other alternatives, such as a multijurisdictional agreements or a ten-year plan. She supported the continuance. 9  City Council Minutes Tuesday, October 18, 2016 John McClellan, Villa Del Monte resident, urged Council to not change the zoning for the area. Esther Malkin clarified that the neighborhood is not against a homeless shelter, but is concerned about vagrancy. Diane Rennin, Monterey resident, said that her heart goes out to everyone. With no further requests to speak, Mayor Roberson closed the hearing. It was moved by Mayor Roberson, and seconded by Councilmember Smith, to continue the Item to November 1, 2016. Councilmember Smith clarified that there is no current plan to develop a shelter or other specific project, the item is purely a zoning overlay for compliance. Councilmember Haffa expressed an interest in a ten-year plan. Mayor Roberson amended his motion to continue the item to November 15, 2016, and the seconder agreed. 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 22. 1st Reading – M.C.C. Chapter 38 Amendments: Section 38-11 to Add Definitions for Supportive Housing and Transitional Housing; Sections 38-22, 38-23, 38-24, 38-25, 38-28, 38-29, 38-30, 38-31, 38-32 to Allow Supportive Housing and Transitional Housing as Permitted Uses; Replacing Section 38-26(I) (Low- and Moderate-Income housing) with New Section 38-112.5 (Density Bonus); and Adding New Article 30 to Provide Procedure to Request Reasonable Accommodations for Persons with Disabilities; and Amend Downtown, North Fremont, and Lighthouse Specific Plans to Define and Permit Supportive and Transitional Housing – Continued from October 4, 2016 (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Passed Ordinance to print; adopted Resolution No. 16-215 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed an ordinance to print amending M.C.C. Chapter 38: Section 38-11 to add definitions for Supportive Housing and Transitional Housing; Sections 38- 22, 38-23, 38-24, 38-25, 38-28, 38-29, 38-30, 38-31, 38-32 to allow Supportive Housing and Transitional Housing as permitted uses; replacing Section 38-26(I) (Low- and Moderate-Income housing) with new Section 38-112.5 (Density Bonus); and adding new Article 30 to provide a procedure to request reasonable accommodations for persons with disabilities; and amending the Downtown, North Fremont, and Lighthouse Specific Plans to define and permit Supportive and Transitional Housing: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10  City Council Minutes Tuesday, October 18, 2016 23. Receive a Report and Consider Directing the City Manager to Approve Assignment Agreement Between Silverie Properties LLC and Monterey Hotel Apartments, Inc., Execute a Disposition and Development Agreement Between City of Monterey and Monterey Hotel Apartments, Inc. and Appropriate $1,967,096 in Funds for the Completion of the Monterey Hotel Mixed-Use Affordable Apartment Project Located at 406 - 410 Alvarado Street (APN 001-572-027-000) -- Continued from August 16, 2016, September 6, 2016, and September 20, 2016 (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 16-216 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. Councilmember Downey expressed her frustration with this project. Councilmember Smith agreed, but said the City is committed to completing it. Councilmember Barrett reported that he toured the site and said that the units are going to be very nice, as well as affordable. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council directed the City Manager to approve an assignment agreement between Silverie Properties LLC and Monterey Hotel Apartments, Inc., to execute a Disposition and Development Agreement between City of Monterey and Monterey Hotel Apartments, Inc. and appropriate $1,967,096 in funds for the completion of the Monterey Hotel Mixed-Use Affordable Apartment project located at 406 - 410 Alvarado Street (APN 001-572-027-000): AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting to a closed session at 9:38 p.m., which adjourned at 10:44 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that: In a conference with real property negotiators regarding property located at 601 Wave Street, Suite 500, negotiating parties: Devin Meheen (Bay Bikes), under negotiation: terms and conditions for new lease there was a unanimous roll call vote where Council gave confidential direction to their negotiators. In a conference with real property negotiators regarding property at 13 Fisherman's Wharf (Dockside, Oceanfront Sea & Tree) ; negotiating parties: Joseph and Debra Anastasia (Anastasia Family Trust) ; under negotiation: terms and conditions to respond to proposed lease assignment there was a unanimous roll call vote where the City Council gave confidential direction to their negotiators. In a conference with labor negotiator Gina Donnelly regarding employee organizations: General Employees of Monterey (GEM), Monterey Fire Fighters Association (MFFA), Monterey Police Association (MPA) the City Council gave confidential direction to their negotiator on a unanimous roll call vote 11 City Council Minutes Tuesday, October 18, 2016 Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 12