Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 7, 2014 4:00 - 7:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haffa, Selfridge, Della Sala Absent: Councilmember Sollecito 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, Acting Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Assistant Finance Director, Principal Planner, Housing & Property Manager, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. WATER UPDATE Executive Director Cullem reported that SB 936 was signed by the Governor and will save at least $50 million over the life of the proposed desal plant. He said that the draft MOU for GWR is under review by area water agencies. He reported on the delayed release of the Draft EIR. He said that the Coastal Commission will consider Cal Am's appeal regarding Marina's rejection of the slant wells at its November meeting. Mr. Cullem said that the Pollution Control Agency has asked for an eleven month extension in its schedule, and a meeting with the California State Water Resources Board staff is scheduled for November 7th. He said that the Water Authority will consider the analysis of the value engineering study report. He reported that he appeared at the Monterey County Supervisors meeting to justify the Authority's budget and request the County's $153,000 fair-share contribution for FY 2014-15. He said that he will refine the City's FY 2014-15 fair share contribution and present a report at the October 21st meeting. He reported that Brian Lee, Interim General Manager of the MCWD joined the TAC on September 8th. Councilmember Selfridge requested a report at the next meeting regarding the State's water bond measure. Councilmember Downey said that she is asking staff to review the MOU regarding waste water. She said that a lot of work needs to be done on the where the water is coming from and going to. Mayor Della Sala opened public comment on the item, had no requests to speak, and closed public comments. PRESENTATIONS 1. Receive Presentation from Valentia Piccinini to Open a Medicinal Marijuana Dispensary in the City of Monterey (City Manager - 701-01) Action: Received and discussed report; agendized an item for a future meeting Chief of Planning and Engineering Rerig introduced the item. Gavin Kogan, L+G LLP, asked City Council Minutes Tuesday, October 7, 2014 Council to revise the current ordinance to regulate medical marijuana rather than prohibit it. He gave a brief history and reviewed the potential regulations and taxation opportunities. Valentia Piccinini thanked the Council for hearing her presentation, outlined her vision, and advocated that Council allow a facility within the City limits. She reviewed her personal history as well as that of medical marijuana. She answered Councilmembers' questions. She clarified that she has a doctor, licensed pharmacist, and nurses who want to work at her proposed dispensary. Mayor Della Sala opened the floor for public comment on the item. Peter Wells, Carmel, spoke in support of the proposed dispensary. Jack Erickson, Veterans for Peace Chapter 46, introduced his organization and supported peace. Karen Mankins, registered nurse and member of the American Cannabis Nurses' Association, spoke in support of allowing a dispensary, saying that a regulated standardized facility is needed. David Villareal, Carmel Valley registered local pharmacist, spoke in favor of allowing a dispensary. Tim Hugo read a letter on behalf of Professor David Henderson, which asked Council to allow medical marijuana facility within the City. Cheryl Shuman, CEO of Echelon Cannabis Group, spoke in support of Ms. Piccinini's vision for a role model dispensary. She reviewed her credentials and experience. Mike McCulsky spoke in support of the proposal and told his personal experience with medicinal marijuana. A woman who did not identify herself said that she is a user of medical cannabis and pharmaceuticals nearly killed her. She spoke in support of having a facility within the community. Chuck Flynn, L+G law firm, said that his 101 year old grandfather is currently a patient, and medical marijuana allows him a better quality of life. He supported allowing a facility in Monterey. Henry Fredericco said that he had been using Ambien for 15 years, and medical marijuana helped him get off of that drug. He said that his 98-year-old father is also a patient and would likely not be here without it. Eva Takerman, retired MPUSD teacher, said that she is the Chair of Sun Street Centers’ PARTS Coalition, and she offered to work with the City regarding this issue. She noted that marijuana is a problem in the area's high schools. She listed some of the many ancillary issues with the presence of a dispensary. She proposed that Sun Street Center be allowed to help study the issue. Lorna Moffett said that people are getting healed by marijuana and the streets are currently the biggest vendor. She supported the proposal. Andrea McCulsky, care giver, said that when her husband was suffering she was forced to go to interesting places in order to get the necessary medication, and she spoke in support of the dispensary. Having no further requests to speak, Mayor Della Sala closed public comment on the item. He asked that Council receive an accident report from the State of Colorado before and after the legalization of marijuana, he said that if a dispensary were established, no THC or other intoxicant should be allowed for distribution in Monterey, and he said Council should invite Sun Street Center to participate in the process. Councilmember Downey asked to see a business plan and said that she would like input from the Police Chief and City Attorney. Councilmember Haffa said that it is a good suggestion to look at accidents, and he would like to look at another city within the state that has a medical cannabis dispensary. CONSENT ITEMS City Manager McCarthy said that a member of the public has asked to remove Item 4. On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda except Item 4: 2  City Council Minutes Tuesday, October 7, 2014 AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. September 16, 2014 (Information Resources - 701-09) Action: Approved (4-0-1; Sollecito absent) 3. September 24, 2014 (Information Resources - 701-09) Action: Approved (4-0-1; Sollecito absent) Ordinances 4. 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; tabled (4-0-1; Sollecito absent) Mayor Della Sala said that the Cannery Row Company has asked for additional time to review the proposed ordinance. On a motion by Councilmember Haffa, seconded by Mayor Della Sala, and carried by the following vote, the City Council tabled the item to amend Monterey City Code Section 20-74: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On question, Mayor Della Sala suggested bringing the item back by the end of December. 5. 1st Reading to Amend City Code Section 31-3(D) to Prohibit Private Party Temporary Ground- Mounted Signs at Don Dahvee Park, Window on the Bay, El Estero Park, and the Colton Hall Complex; Adopt Time, Place, and Manner Restrictions for Hand Held and Personally Attended Signs on City Property in Traditional Public Forum Locations and for Private Party Temporary Ground-Mounted Signs; Add Section 31-3(F) to Include a Message Substitution Clause; Add Section 31-3(G) to Address Banners Placed by the City on City Property; and Amend City Code Section 31-7 to Authorize a Sign Encroachment Permit; and Delete Reference to Multitenant Sign Program From Sign Abatement Section (City Attorney - 701-11) Action: Passed Ordinance to print (4-0-1; Sollecito absent) Resolutions 6. Authorize Waiver of Fees for Use of the Monterey Conference Center by Monterey County Pops! Holiday Concert on December 21, 2014 (Public Facilities - 902-02) Action: Adopted Resolution No. 14-169 C.S. (4-0-1; Sollecito absent) 3  City Council Minutes Tuesday, October 7, 2014 7. Authorize Professional Services Agreement for Preliminary Engineering and Right of Way Services for North Fremont Street Improvements and Authorize Appropriation of Funds (Plans & Public Works - 803-11) Action: Adopted Resolution No. 14-170 C.S. (4-0-1; Sollecito absent) 8. Authorize Appropriation of Sewer Line Maintenance Funds and Award Sanitary Sewer System Rehabilitation Program - Package 4 - Pump Station Upgrades Construction Contract ***CIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-171 C.S. (4-0-1; Sollecito absent) 9. Authorize Waiver of Fees and Appropriate Funds for Use of Colton Hall Lawn for Tree Lighting Ceremony on December 4, 2014 by Old Monterey Business Association and First Night Monterey (Recreation & Community Services - 302-02) Action: Adopted Resolution No. 14-172 C.S. (4-0-1; Sollecito absent) 10. Award General Municipal Building Improvements On-Call Contract 2014 for City Projects ***CIP/NIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-173 C.S. (4-0-1; Sollecito absent) 11. Award General Municipal Building Improvements On-Call Contract 2014 for Presidio Municipal Services Agency Projects ***PMSA*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-174 C.S. (4-0-1; Sollecito absent) 12. Approve Rescope of Foothill School Olmsted Drop-off Re-Configure Project (Plans & Public Works - 808-02) Action: Adopted Resolution No. 14-175 C.S. (4-0-1; Sollecito absent) Councilmember Downey voiced concerns that the NIP has already spent about $500,000 on this project. She suggested having a study session when NIP projects come forward. On request NIP Spokesperson Heuer clarified that the $250,000 was not spent on an easement, but on the improvements. Ms. Downey clarified that she understood that, but the NIP and Council should look more carefully. 13. Award a Contract for Construction of the Wharf 1 Utility Pipe Hangers Project ***CIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-176 C.S. (4-0-1; Sollecito absent) 14. Approve Request for Use of City Property, Services and Street Closures for First Night Monterey Event on Wednesday, December 31, 2014 (Recreation & Community Services - 302- 02) Action: Adopted Resolution No. 14-177 C.S. (4-0-1; Sollecito absent) 15. Authorize the Acceptance and Appropriation of Grant Funds from California American Water; Authorize the Appropriation of Additional NIP Contingency Funds, and Award the Construction Contract for the for the Laguna Grande Park Soccer Field Project ***NIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-178 C.S. (4-0-1; Sollecito absent) 16. Authorize the City Manager to Execute an Agreement with the California State Parks Division of Boating & Waterways to Accept & Appropriate $13,800 Surrendered & Abandoned Vessel Exchange Program Grant (Recreation & Community Services - 904-01) Action: Adopted Resolution No. 14-179 C.S. (4-0-1; Sollecito absent) 4  City Council Minutes Tuesday, October 7, 2014 Other 17. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin, Chip Rerig and Peter Baird to Provide Negotiating Direction to Respond to Request to Extend the Parking Lot Lease for the Hyatt Regency Monterey Hotel and Spa at 1 Old Golf Course Road (Plans & Public Works - 206-03) Action: Authorized (4-0-1; Sollecito absent) 18. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with Real Property Negotiators Rick Marvin, Dino Pick, and Chip Rerig to Provide Terms and Conditions for Sublease at Wharf No. I, Concession #33 (Gilbert's Red Snapper Restaurant at 30 Fisherman's Wharf) (Plans & Public Works - 206-03) Action: Authorized (4-0-1; Sollecito absent) 19. Recommendation for Appointments to the Architectural Review Committee and Colton Hall Museum Cultural Arts Commission (Information Resources - 701-06) Action: Authorized (4-0-1; Sollecito absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Mr. Wilson said that if you haven't tried marijuana, you shouldn't knock it. He said that it was a beautiful beach weekend and there was a lot of trash and many people picking it up. He voiced concerns regarding mopeds and Segways on the recreation trail. He thanked the City for cleaning up the Transit Plaza. Jody Hansen, Monterey Peninsula Chamber of Commerce, said that while the Chamber is not usually a proponent of tax measures, they are supporting Measure P because it will ultimately save money. She urged people to find out more information about the measure and support it. Rick Heuer, Monterey resident, said that he never realized the Pledge of Allegiance is not done if there is no 7:00 session of the Council meeting. He spoke in support of Measure P as a member of and representing the Taxpayers Association. Lorna Moffett voiced concerns regarding food safety. She outlined the amount of money being spent on wild horse round ups while laying off 600 food inspectors due to budget cuts. She said that Ebola could be spread by terrorists through our food supplies and asked Councilmembers to sign the Safe Food Act Proclamation. With no further requests to speak, Mayor Della Sala closed public comments. COUNCIL COMMENTS Councilmember Haffa said that he has been in contact with volunteers who are picking up lines and hooks on the Coast Guard pier and he has asked staff to monitor the situation. Councilmember Selfridge announced that she will be meeting the Cultural Minister of Azerbaijan to discuss an upcoming Spring Festival and designate Monterey the Language Capital of the World. Councilmember Downey said that Waste Management had a fire Saturday night, but is still recycling. She said she appreciates the cleanup of the Transit Plaza, but cigarette butts are still a problem there. She said she would like to agendize a discussion of the Mayor's Water Authority in regard to the budget, the City’s expenditures, and the 5 City Council Minutes Tuesday, October 7, 2014 County's participation. Mr. McCarthy said that has been tentatively agendized for the next meeting. Ms. Downey said she would like Council to discuss the Council’s representative for negotiations with Executive Managers. She reviewed the last meeting's Council Comments, and said that those matters serve the public on important issues. Mayor Della Sala announced that Finance Director Forbis has been appointed to the Government Finance Officers’ Association. He congratulated Mr. Forbis. CITY MANAGER REPORTS City Manager McCarthy reported on this past weekend's successful Beach Sports Fest and Monterey History Fest events. He said that Human Resources has submitted an RFP for a consultant to conduct a city-wide salary compensation report. Mayor Della Sala reviewed the eight closed session items scheduled for this evening. He opened the floor for public comments on those items. Sam Rashkin, economic development consultant, spoke regarding Item cs7, voicing concerns regarding overpayment of rent over the years and said that a very good businessman was harmed because the City did not respond with verification of rent. Mary Alice Cerrito Fettis, leaseholder for Concession 33 on the Wharf, asked Council to support the sublease to the Shakes. Having no further requests to speak, Mayor Della Sala closed public comments and adjourned the meeting to closed session at 5:56 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: The City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 1 Old Golf Course Road regarding price and terms of payment for a lease extension request, and the vote was 4-0-1 with Sollecito absent; The City Council gave confidential direction to their legal counsel in a conference with legal counsel regarding existing litigation, name of case: Shell vs. City of Monterey (Workers’ Compensation Appeals Board), and the vote was 4-0-1 with Sollecito absent; The City Council gave confidential direction to their legal counsel in a conference with legal counsel regarding existing litigation, name of case: Selbicky vs. City of Monterey (Workers’ Compensation Appeals Board), and the vote was 4-0-1 with Sollecito absent; The City Council continued a conference with labor negotiators regarding the employee organizations: Monterey Fire Fighters’ Association (MFFA) and Monterey Fire Chief Officers’ Association to October 21, 2014, and the vote was 3-1-1 with Downey voting no, Sollecito absent The City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at Wharf I Concession #33 at 30, under negotiation: terms and conditions to grant consent to sublease. The vote was 4-0-1 with Sollecito absent. The City Council gave confidential direction to their counsel in a conference with legal counsel regarding significant exposure to litigation with James Gilbert Wharf Concession #15. The vote was 4-0-1 with Sollecito absent. 6 City Council Minutes Tuesday, October 7, 2014 The City Council gave confidential direction to their counsel in a conference with legal counsel regarding existing litigation in the case of City v. Ibessaine Corporation dba Monterey Crepe Company The vote was 4-0-1 with Sollecito absent. The Council did not discuss or take action on a public employee performance evaluation of the City Attorney. ADJOURNMENT The meeting adjourned at 7:01 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 7