Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 19, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m COUNCIL CHAMBER, FEW MEMORIAL HALL MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Director of Information Present: Resources/City Clerk, Finance Director, Fire Chief, Human Resources Director, Library Director, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Housing & Property Manager, Principal Planner, Building Official CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the consent agenda, except items 2 and 3, which were removed for separate discussion: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Approval of Minutes 1. January 5, 2010 (Information Resources - 701-09) Action: Approved Ordinances 2. First Reading-Ordinance to Repeal and Reenact Monterey City Code Section 22-29 (Regulation of Smoking in Public Places) and Repeal of Chapter 22, Article 3, of the Monterey City Code (Smoking Regulations) (City Attorney - 703-04) Action: Removed from Consent; discussed; passed Ordinance to print City Attorney Mall presented the staff report. Councilmember Downey suggested considering sidewalks and additional parks for future regulation. Mayor Della Sala opened the floor for public comment on the item. Dale Hillard, Chair of the Coalition for a Tobacco-Free Monterey County, supported the staff recommendation, and suggested a licensing requirement for retailers who sell tobacco. Clint Weirick, Board Vice President of Breathe California, supported the staff recommendation. Mr. Cordovala, staff for Tobacco-Free Monterey County, supported the staff recommendation and suggested additional regulations for smoke-free zones. Mayor Della Sala returned the discussion to the dais.  City Council Minutes Tuesday, January 19, 2010 It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to pass to print the Ordinance to repeal and reenact Monterey City Code Section 22-29 (Regulation of Smoking in Public Places) and repeal of Chapter 22, Article 3, of the Monterey City Code (Smoking Regulations): Councilmember Haferman suggested that the ordinance be strengthened in the future. Mayor Della Sala agreed. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Resolutions 3. Authorizing the Acceptance and Appropriation of AB2766 Grant Funds and Authorizing the City Manager to Enter into an Agreement with the Monterey Bay Unified Air Pollution Control District’s AB2766 Grant Program to Provide Funding for the Climate Action Plan – Transportation Element (Plans and Public Works - 802-12) Action: Removed from Consent; discussed; adopted Resolution No. 10-004 C.S. Assistant Public Works Director Uslar presented the staff report. Mayor Della Sala opened the floor for public comments. Clint Weirick, Breathe California, supported the staff recommendation. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council authorized the acceptance and appropriation of AB2766 Grant Funds and authorized the City Manager to enter into an agreement with the Monterey Bay Unified Air Pollution Control District’s AB2766 Grant Program to Provide Funding for the Climate Action Plan – Transportation Element. AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 4. Approval of a Resolution Accepting and Appropriating a Grant from PG&E in the Amount of $1,500.00 for Support of the Community Emergency Response Team (CERT) (Fire - 409-01) Action: Adopted Resolution 10-005 C.S. 5. A Resolution Authorizing the Police Department to Submit a Grant Application to the California Office of Traffic Safety For Replacement Radar Equipment and the City Manager to Sign and Execute the Grant Agreement on behalf of the City of Monterey (Police - 409-02) Action: Adopted Resolution No. 10-006 C.S. ***End of Consent Agenda*** Adjourn to Redevelopment Agency Meeting 2  City Council Minutes Tuesday, January 19, 2010 6. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Sam Raskin and Rick Marvin to Accept Report and Provide Direction on Items Related to a Lease at 601 Wave Street, Suite 200 (Monterey Crepe Company) (Plans and Public Works - 206-03) Action: Authorized Closed Session Mayor Della Sala opened the floor for questions and comments. With no requests to speak, he closed the floor. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council authorized a Closed Session conference pursuant to Government Code Section 54956.8 with City real property negotiators Chip Rerig, Sam Rashkin and Rick Marvin on items related to a lease at 601 Wave Street, Suite 200 (Monterey Crepe Company): AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Adjourn to City Council Meeting PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, and no one came forward. He closed public comments. PUBLIC APPEARANCE 7. Receive Report Regarding Use of Graywater in the City of Monterey (Plans and Public Works - 802-01) Action: Report received and discussed Building Official Kuehl presented the staff report. During the presentation, power was lost, and the Council decided to continue the presentation and discussion. Councilmembers discussed the fee-setting procedure. On question, Mr. Kuehl clarified that catchment systems are not regulated. Mayor Della Sala opened the floor for public comment on the item, no one came forward, and he closed the floor. ***Adjourn to Closed Session*** Council adjourned to closed session at and recessed at 5:35 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions: In a conference with labor negotiators for all employee organizations and unrepresented employees, on a unanimous roll call vote the City Council gave confidential direction to their negotiators. In a conference with legal counsel, the City Council received a year-end litigation report. In a conference with real property negotiators regarding lease related items for 601 Wave Street, Suite 200, the RDA Board of Directors gave confidential direction to their negotiators on a unanimous roll call vote. 3  City Council Minutes Tuesday, January 19, 2010 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Nelson Vega asked that a record of the employee negotiations be made available to the public prior to making a decision. On the request of Mayor, City Attorney Mall explained the purpose of closed sessions. Bob Oliver said that he does a radio program called "Quantum Leap, He said that" Ed Grimsley showed him several years ago that the planet is being visited by UFOs, and one can see them with military grade night vision goggles. He asked Council what their thoughts are on this matter and two illegal wars. Susan Brooks, Pacific Grove, said that the military has night vision glasses that are not used to see aliens. Ryan Sessma said that he is a medical marijuana user because he has trouble sleeping at night. The Mayor advised him that the matter would be discussed under Agenda Item #8. Having no further requests to speak, Mayor Della Sala closed public comment. He explained that the Monterey City Council's past practice has been not to take positions on matters that are outside their jurisdiction. Due to technical difficulties resulting from an earlier power outage, Mayor Della Sala called a recess at 7:14 p.m., then reconvened the meeting at 7:20 p.m. PUBLIC HEARING 8. An Interim Urgency Ordinance of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries Pursuant to Government Code Section 65858 (City Attorney - 703-04) Action: Adopted Urgency Ordinance No. 3441 establishing a moratorium on the establishment and operation of medical marijuana dispensaries (4-1; Haferman voting no) City Attorney Mall presented the staff report. Chief of Planning Rerig clarified zoning statutes, explaining the differences between uses that are principally permitted and those that are conditionally permitted. He asked Council's direction on how staff should move forward on the issue. On question, he clarified that tonight's recommendation to adopt an urgency ordinance would require a four-fifths vote to pass. Chief Shelby reviewed some California communities' experiences with medical marijuana dispensaries. City Manager Meurer said that it is nearly impossible to follow the law because it is so poorly crafted. He urged Council to approve the moratorium so appropriate rules could be adopted. On question, City Attorney Mall said that City Council members most likely would not be held liable for aiding and abetting in a criminal violation, and the City would be immune from civil violations if they allowed this use. Mayor Della Sala opened the floor for public comments on the matter. Bob Oliver said that this is a national issue, and the Council should give the voters what they voted for. Manuel Piero asked Council to ban dispensaries and close the current operation immediately. Jhonrico CarrNshimba, MyCaregiver, said that his business is a statutory cooperative that specializes in health care products of a wide range including medical cannabis. He agreed with a moratorium and asked that his cooperative be grandfathered during the moratorium and that City staff work with him. Susan Brooks, Pacific Grove, spoke in support of regulation of marijuana, and said that people 4 City Council Minutes Tuesday, January 19, 2010 should not drive under its influence. Dr. Stephen Guntner, local health care professional, said that he has observed benefits from the use of marijuana by cancer patients and he favors allowing facilities for its distribution. Rose Bruno spoke about the history of marijuana and spoke in favor of allowing dispensaries. Lauren Samuels, Libertarian Party of Monterey County President and member of Fed-Up, spoke in support of allowing medical marijuana clinics. Jeff Gilles, of Lombardo and Gilles and on behalf of Greenway, spoke in support of allowing medical marijuana clinics. He favored a moratorium in order to draft thoughtful regulations. Jason Retterer, Lombardo and Gilles, spoke in support of a moratorium in order to draft an ordinance to regulate and allow clinics. Lisa Mulleno, Greenway President and cancer patient, asked Council to consider regulating and allowing this use. She invited Council to tour the Greenway facility in Santa Cruz. Scott Wade, security guard for Greenway, said that Greenway is a well-run facility and he supported regulating and allowing clinics. Valencia Pinchinni, MS patient, spoke of her personal experience and supported of allowing medical marijuana clinics. Tyler Rafley, CSUMB student and NORML representative, urged Council to use a forty-five day moratorium to draft sensible regulations and allow MyCaregiver to stay open during that time period. Eden Gonzalez, Vice President of CSUMB NORML, supported allowing regulated dispensaries. Michael Frederson, President of CSUMB NORML, said that marijuana does not breed crime. Jason Cherry asked the Council to consider how many people have had a decreased quality of life due to MyCaregiver. Matthew Yamashida said he represents Higher Care Cooperative and would like to work with the Council to draft an ordinance regulating medical marijuana. A Monterey resident said that he has seen first-hand the relief experienced by a cancer patient using medical marijuana. He supported allowing clinics. Peter Wells, Carmel, said that he is a medical marijuana user invited people to a meeting in Seaside on January 23. Ms. Svieretski, Monterey resident, supported a moratorium to find out if people of Monterey want this use in this location. Mark Frazier, Monterey resident, spoke in support of allowing medical marijuana clinics. Jim Roberts, San Jose attorney for MyCaregiver, clarified that he is not a user of marijuana. He reviewed some case law and said that MyCaregiver is a legal operation. Aleri Tindle spoke in opposition to allowing medical marijuana clinics in Monterey County, but said doctors, pharmacies, and hospitals should dispense the substance. Francisco Caballero, Director for MyCaregiver, said that access to medical marijuana is important and he supported allowing the use. He invited the City Council to visit the clinic. Brenda CarrNshimba, MyCaregiver, said that her organization is working to abide by the regulations. She submitted documentation regarding laws and memoranda to illustrate that they want to work within the guidelines. She said that because the ordinance under consideration identifies MyCaregiver she believes it is meant to shut down their operation. Carry Ann Hess said that medical marijuana helps her cope with multiple sclerosis and she uses it in lieu of other prescription drugs. Tammy Jennings said that she has MS, and she spoke in support of allowing medical marijuana clinics. She supported the moratorium if MyCaregiver could stay in business. Andrew Cordova, medical marijuana patient, supported allowing clinics as a legal means to access medical marijuana. Ryan Sessma, Pacific Grove resident, said that there is nothing wrong with marijuana, and pharmaceutical companies would lose money if it is legalized. He supported MyCaregiver. Marc Rowland, MyCaregiver Director, said that he suffers from arthritis of the spine, and marijuana gives him relief without creating an addictive situation. Having no further requests to speak, Mayor Della Sala closed public comment on the item and called a recess at 9:05 p.m. 5  City Council Minutes Tuesday, January 19, 2010 Council reconvened at 9:15 p.m. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to approve an Interim Urgency Ordinance of the City of Monterey establishing a moratorium on the establishment and operation of medical marijuana dispensaries pursuant to Government Code Section 65858 and directing staff to return within 45 days. Councilmember Sollecito said that he would like to wait to see the outcome of pending court cases before making a determination on the matter. Councilmember Haferman voiced concerns that the last page of the ordinance was not included in the packet, as well as correspondence from MyCaregiver's attorney. Assistant City Manager Cohn said that the letter arrived three days after the packet was sent out, and it was not germane to tonight's action on the moratorium. He displayed the final page of the ordinance. Councilmember Selfridge supported the moratorium. Councilmember Haferman said that he was moved by some of the speakers tonight and he would like to find a way to allow MyCaregiver to continue operations during the moratorium. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haferman ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Councilmember Haferman clarified that while agrees with the moratorium, he does not agree with the closure of the MyCaregiver facility during the moratorium. PUBLIC APPEARANCE 9. Confirming Changes to the City Council's List of Strategic Initiatives (City Manager - 701-15) Action: Tabled Assistant City Manager Cohn presented the staff report. Councilmember Downey said that she would like a more comprehensive update on the progress. City Manager Meurer suggested that staff would bring the matter back for mid-year budget review. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the matter: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Sollecito said that he visited the Calvary Chapel High School, and he was impressed by their leadership program. Councilmember Haferman thanked the staff for preparing for the current wave of storms. Councilmember Sollecito said that Tiger Woods would be here for the U.S. Open 6 City Council Minutes Tuesday, January 19, 2010 tournament. Councilmember Selfridge congratulated Nick Cunningham for making the Olympic Bobsled team. She asked to agendize an item to start a recognition program working with the recycling and volunteer departments. Councilmember Downey gave Council some documentation on Seamless Monterey’s marketing program for the historic tourism industry in Monterey. She said that several people at the NIP meeting mentioned some signage and a fence that is going up on Parcel B. Mayor Della Sala asked if there is a number other than 911 for people to call if they need assistance in the event of a disaster. Assistant City Manager Cohn said that people could call: 646-3914 (Police), 646-3927 (Streets), 646-3861 (Parks), or 646-3935 (City Clerk’s Office) Councilmember Downey reported that the Regional Water Project is moving along and looking hopeful. CITY MANAGER REPORTS City Manager Meurer reminded the Council that there is a Study Session on January 27 regarding the potential impacts of an expansion of the Conference Center. He gave a brief update on the recent storms. He reported that the census will start this spring and it is important to make sure that every person is counted. He reported that the paintings were removed from the Council Chamber to avoid damage from a recent break in a steam line. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:07 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7