Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 16, 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: Nonec City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning and Engineering, Assistant City Attorney, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS City Manager Meurer asked Council to table Item No. 3 for further staff work on the attachments. Councilmember Downey asked for amendments to the Minutes for February 2, 2010 to include more specific language about the NIP's recommendation, and Councilmember Selfridge agreed, asking to include language that the recommendation was on a one-time basis. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda with amendments to the February 2, 2010 Minutes and excepting Item No. 3: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, Seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled Item No. 3: 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 27, 2010 (Information Resources - 701-09) Action: Approved 2. February 2, 2010 (Information Resources - 701-09) Action: Amended and approved Resolutions  City Council Minutes Tuesday, February 16, 2010 3. Approving a Contract with Monterey City Disposal Service to Implement a Multi-Family Beverage Container Redemption Fee Program within the City of Monterey on a Reimbursable Basis, and Authorize an Appropriation of Funds (Plans and Public Works - 802-07) Action: Tabled 4. Authorizing the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for Scheduled and Unscheduled Maintenance Projects at the Presidio and Camp Roberts ***PMSA*** (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-011 C.S. 5. Amend Resolution Number 09-128 C.S. of Contract for Pest Control Services (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-012 C.S. 6. Authorizing Purchase of Mobile Data Computer Equipment for Monterey County Fire Agencies Utilizing Federal Grand Funds (Fire - 406-02) Action: Adopted Resolution No. 10-013 C.S. Other 7. Denial of Claim-Hutchinson (Finance - 408-04) Action: Denied Claim 8. Review and Approval of City of Monterey Investment Policy (Finance - 407-01) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Lee Willoughby, Pacific Grove resident, referenced past comments she made regarding Monterey's building and planning fee increases and noted that Monterey is now doing building inspection services for the City of Pacific Grove. She asked if Monterey can justify its fees in light of a recent Grand Jury report regarding Pacific Grove's fees. She asked Council to revisit Resolution 09-012 that sets those fees. Gary Parola, Monterey City Disposal, presented Council with reusable shopping bags that promote the "Buy Local Monterey" campaign. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 9. Authorizing the City of Monterey to Join the CALIFORNIAFIRST Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the Territory of the City of Monterey; and Authorizing Related Actions (Plans and Public Works - 802-12) Action: Adopted Resolutions No. 10-014 C.S., No. 10-015 C.S., and No. 10-016 C.S. Assistant Plans and Public Works Director Uslar presented the staff report and answered 2  City Council Minutes Tuesday, February 16, 2010 Councilmembers' questions. Mayor Della Sala opened the Public Hearing. Tim McCormick, Monterey County, presented additional details regarding the grant program pilot. He said that he expects the money to be available in September. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolutions No. 10-014 C.S., No. 10-015 C.S., and No. 10-016 C.S. authorizing the City of Monterey to Join the CALIFORNIAFIRST Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Monterey; and authorizing related actions. AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Council recessed at 4:34 p.m., then reconvened at 7:00 p.m. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Gerald Heisel, owner of 554 Lighthouse, said that the City Attorney is preparing to take an action against him because his tenant, MyCaregiver, is distributing medical marijuana. He said that it would be unfair for the City to proceed against him before there is a final determination of the issue. He said that he is ready to take an action after that determination. Bob Oliver said that he was almost arrested at the podium two weeks ago. He said that the City put pressure on his business as long as it was open. He said that he has researched the Christina Williams case for twelve years, and has looked into the Charles Holifield files, and he again asked that the City participate in the matter to get it turned around. He said the Mrs. Holifield has been subpoenaed to testify. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC HEARING 10. Consideration of a Planning Commission Recommendation to Adopt Resolution Adopting a Negative Declaration and Adopt Ordinance Amending the Monterey City Code Chapter 38 (Zoning) to Create Regulations for Personal Wireless Service Facilities, Amend Definitions and Use Charts, and Delete Regulations for Antenna/Microwave Equipment. (Plans and Public Works - 203-07) Action: Adopted Resolution No. 10-017 C.S., adopting the Negative Declaration and passed an ordinance to print amending Monterey City Code Chapter 38 to create regulations for personal wireless service facilities Principal Planner Cole presented the staff report. On question, Assistant City Attorney Davi clarified that Federal law has preempted local regulation in this area. Mayor Della Sala opened the Public Hearing to Nina Beety. Ms. Beety voiced concerns regarding serious health risks associated with antennae and microwave equipment located in personal wireless facilities. She cited several cases. Bob Oliver said that some people are more sensitive to toxins, and there are many independent studies that make more sense than those funded by the industry. Having no further requests to speak, Mayor Della Sala closed the 3  City Council Minutes Tuesday, February 16, 2010 hearing. Councilmember Sollecito said that the new ordinance does some positive things, and within the limitations, this is a good move. Councilmember Haferman said that he understands that this equipment is controversial, and everyone has a choice whether to use a cell phone. He said that tonight's resolution has more to do with the aesthetics and where to place a cell phone tower. Councilmember Selfridge thanked Ms. Beety for her research. She asked if a provision can be made to require something to show where they are. Principal Planner Cole suggested having a list of locations available for the public. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Planning Commission recommendation to adopt Resolution No. 10-018, approving a Negative Declaration and passed an Ordinance to print amending the Monterey City Code Chapter 38 (Zoning) to create regulations for personal wireless service facilities, and amend definitions and use charts, and delete regulations for antenna/microwave equipment: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 11. Consideration of a Planning Commission Recommendation to Adopt Ordinance Amending Monterey City Code Chapter 38 (Zoning) Adding Article 20A Landscaping Regulations. (Exempt from CEQA Requirements) (Plans and Public Works - 701-11) Action: Approved the Planning Commission recommendation and passed an ordinance to print amending Monterey City Code Chapter 38 adding article 20A, Landscaping Regulations Principal Planner Cole gave the staff presentation. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Planning Commission recommendation and passed an ordinance to print amending Monterey City Code Chapter 38 adding article 20A, Landscaping Regulations: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 12. Extension of Interim Urgency Ordinance 3441 C.S. of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries Pursuant to Government Code Section 65858 and adopted January 19, 2010 and Direction to Staff (City Attorney - 703-04) Action: Passed to print an ordinance extending the period of the City wide moratorium on the issuance of use permits and building permits for medical marijuana dispensaries, pending development of amendments to the Monterey General Plan and Municipal Code that would regulate the establishment and operation of such facilities (4-1; Haferman voting no); directed staff to prepare an ordinance to regulate medical marijuana dispensaries (3-2; Downey, Della Sala voting no) 4 City Council Minutes Tuesday, February 16, 2010 City Attorney Mall presented the staff report recommending that the Council extend the ordinance and provide direction to staff whether to return with a ban on facilities or with appropriate regulations to allow facilities. Mayor Della Sala opened the Public Hearing. Bob Oliver said that he would like Council to consider grandfathering MyCaregiver while the moratorium is in effect. Jason Retterer, Lombardo and Gilles, said that medical cannabis is beneficial and those who need it rely on cooperatives. He advocated directing staff to return with a regulatory ordinance within sixty to ninety days. Scott Wade, Security Director for Greenway in Santa Cruz, clarified that the criminal element was in a nearby park, and the immediate area around Greenway has decreased crime. He supported regulating facilities. Lisa Mulleno, Greenway Passionate Relief, said that she appreciates the staff's work. She said that there are several hundred patients in Monterey, and she asked that the City allow regulated facilities. She invited Council to visit Greenway's facilities. Margaretta Vieskiloski said that people can get medical marijuana in Santa Cruz, it is not unlike other specialized treatment, and she would like to keep dispensaries off of the Peninsula. Rose Bruno thanked the Council for their open-mindedness and said that she would like to see a facility in Monterey. Tyler Atwood, Secretary of CSUMB organization for reform of medical marijuana laws, supported allowing facilities in the City of Monterey. An unidentified gentleman explained why he uses medical marijuana and said he appreciates the comments about the pulse of the community. He submitted a petition. Todd Andrews spoke in support of allowing medical marijuana facilities. Peter Wells, Carmel resident, said that a friend of his recently received a prescription for medical marijuana for the first time. Dr. Roslyn Migdale, Peninsula healthcare provider, said that the people who are being prescribed marijuana have seriously debilitating diseases, and this medication should be available locally. Jhonrico CarrNshimba said that MyCaregiver did not present any falsehood when opening their establishment. He said that they are open to allowing the City Council to see all of their Board of Director meeting minutes. Tammy Jennings asked Council to grandfather MyCaregiver while they consider an ordinance. She said that she has multiple sclerosis and she takes medical marijuana to relieve the associated pain. Brenda Carr, on behalf of MyCaregiver, spoke in support of allowing dispensaries. Chris Courtney, medical cannabis user, said that he has a seizure disorder and cannot drive, so having to travel a distance is much more than an inconvenience. He spoke in support of allowing dispensaries in Monterey. Joan Farwell, disabled registered nurse, said that she has to use medical cannabis to control her pain. She said that it is a safe medication, and she supported allowing dispensaries in Monterey. An unidentified gentleman asked that the lawsuit against MyCaregiver be rescinded and other solutions be found to solve the problem. He supported allowing dispensaries in Monterey. Valencia Pinchinni noted that she purchases vitamin supplements and herbs that are not regulated. She spoke in support of allowing dispensaries and said she is concerned about keeping a moratorium in place for ten months. Francisco Caballero, Director, invited Council to visit MyCaregiver and supported allowing dispensaries. Mark Rowland, Director, invited Council to MyCaregiver. He said that emails have been blocked before being given to the City Council. He supported allowing dispensaries in Monterey. Mr. CarrNshimba explained members receive a refund of any surplus at the end of the year, based on what they contributed to the coop. Having no further requests to speak, Mayor Della Sala closed the hearing and called a recess at 9:07 p.m. He reconvened the meeting at 9:16 p.m. 5 City Council Minutes Tuesday, February 16, 2010 It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to approve the extension of Interim Urgency Ordinance 3441 C.S. of the City of Monterey establishing a Moratorium on the establishment and operation of medical marijuana dispensaries pursuant to Government Code Section 65858 and adopted January 19, 2010. Councilmember Haferman said that he does not support the motion because he does not support extending the moratorium for ten months, and would be more comfortable with 60-90 days. He said that he believes regulations should be put in place. He voiced concerns regarding the litigation, and said that he would like to see the existing facility to continue operations during the moratorium. Councilmember Sollecito said that ten months is not a lot of time and it is important to get it right. City Manager Meurer said that it would be helpful for staff to know whether the guidance is to consider prohibition or to develop appropriate regulation. 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 Selfridge said that it is important to take the time to look at other ordinances and put regulations into place that are appropriate to the community. Mayor Della Sala said that he supports taking the necessary time. Councilmember Haferman said that he would like to see ordinances of communities similar to Monterey. It was moved by Councilmember Haferman, and seconded by Councilmember Selfridge, to direct staff to prepare an ordinance to regulate medical marijuana dispensaries in the City of Monterey. Councilmember Downey said that she is not ready to do that at this time. Mayor Della Sala said that he would prefer to wait until the Anaheim decision prior to directing staff. Vice Mayor Sollecito said that he has mixed emotions regarding this issue. He said that he will support the motion because it is the most compassionate thing to do and cannabis is safer than most prescription drugs. He favored looking at ordinances from similar cities like Palm Springs. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Selfridge, Sollecito NOES: 2 COUNCILMEMBERS: Downey, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None City Attorney Mall clarified that staff would gather ordinances, prepare an ordinance for the Planning Commission's consideration and recommendation, and bring that recommendation to the City Council. COUNCIL COMMENTS Councilmember Sollecito thanked the Hoffman family, the local McDonald's franchise owner, for the new building, noting that by improving the building, the owner is taking a financial risk that he did not have to take. Councilmember Haferman agreed and said that the new building is much nicer looking. He acknowledged the hard work done by staff and the ARC on that project. 6 City Council Minutes Tuesday, February 16, 2010 Councilmember Selfridge reminded people to get their ticket for the Library's wine and chocolate tasting this Friday. Mayor Della Sala said that historic documents listing the delegates who convened on September 1, 1849 are on display at Colton Hall. He said that each delegate signed a signature page at the end of the convention and it is part of the display. CITY MANAGER REPORTS City Manager Meurer reminded Council of their study session next week on February 24. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:43 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7