Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 1, 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, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Principal Planner, Parking Superintendent, Principal Planner, Associate Planner, Human Resources Analyst, Principal Engineer, Communications and Outreach Manager, HPM Administrative Analyst, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Presented proclamations Mayor Roberson presented proclamations to representatives for Airman First Class Erika Wright and Gunnery Sergeant Michael Hinchliffe. Both made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Richard Pagnillo, Monterey resident, commented on the Council's recent decision to improve Sollecito ball field. He gave a brief history of Monterey High School coaches, noting that Dan Albert coached for 22 years and Mike Groves for 35 years. He suggested that when the new field opens next Spring, the Council draft a letter of appreciation for Coach Groves for the work he has done. Scott McKenzie, Greenwise Landscape said that they are running up against permitting difficulties for their water catchment systems. He voiced concerns that there is confusion across the county, the regulations differ between cities, the systems are subject to older regulations, and permit fees are high. He said these regulations are inhibiting water conservation systems, and asked that Council devise a fast track for planning, fees, and design reviews. Bill McCrone reviewed recent progress being made on funding the Lower Presidio Historic Park. He presented a brochure and encouraged Council to read it. He said that a public relations campaign is expected to start in January. Rick Johnson announced that the 45th annual Christmas tree lighting will take place on Friday, December 4th at Colton Hall.  City Council Minutes Tuesday, December 1, 2015 CONSENT ITEMS Mayor Roberson said that Councilmembers and members of the public have requested removal of Items 3, 4, 8, 9, and 10. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda except Items 3, 4, 8, 9, and 10: 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. November 17, 2015 (Information Resources - 701-09) Action: Approved Ordinances 3. 1st Reading – Amend Monterey City Code Section 22-29 “Regulation of Smoking in Public Places” to Include Electronic Smoking Devices in the Definition of Smoking and to Prohibit Smoking on Wharf II California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Removed from Consent; discussed; passed Ordinance to print per the staff recommendation (4-1; Smith voting no) Councilmember Smith expressed his concerns with regard to Wharf II restrictions. Councilmember Smith, moved to separate Wharf II to allow smoking, and the motion died for lack of a second. On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council passed an Ordinance to print amending Monterey City Code Section 22-29 “Regulation of Smoking in Public Places” to Include Electronic Smoking Devices in the definition of smoking and to prohibit smoking on Wharf II: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Smith said that he believes this is government over-reach. Councilmember Haffa said that he supports the motion, but would be open to considering designation of specific smaller areas on Wharf II for smoking. On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council confirmed passing the ordinance to print as outlined in the staff recommendation. 2  City Council Minutes Tuesday, December 1, 2015 AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. 1st Reading – Amend Monterey City Code Section 20-74.3 and 20-74.4 Pertaining to Peddling Food from the Public Right-Of-Way California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Removed from Consent; discussed; passed Ordinance to print and directed staff to identify appropriate locations where food trucks would be allowed for longer periods of time (4-1; Barrett voting no) Councilmember Barrett said that amending this ordinance with longer time limits as he has suggested could preserve economic opportunity and limit liability. He said that the key is to find balance for everybody. He said that limiting the trucks to one hour is essentially a ban. He proposed amending the Ordinance to allow food trucks to stay for up to two hours, but no longer than the posted parking limits. Mayor Roberson opened public comment on the item. Jason Retterer, Cannery Row Business Association, said that staff's proposed amendment is a good compromise. He said extending beyond sixty minutes complicates enforcement due to state law. Michelle Knight, Cannery Row Business Association, supported the staff recommendation. She said that there are legal ways to designate special areas where regulations can be stricter. Mike Zimmerman, Cannery Row Company, spoke in support of the staff recommendation, saying that there is no unmet need, the Ordinance complies with the California Vehicle Code, it makes enforcement less complicated, and other cities with similar ordinances serve as a model. Rick Johnson, OMBA President, supported the staff recommendation and agreed with Ms. Knight. Randy Bernard, Inns of Monterey, agreed with the previous speakers and supported the staff recommendation. Gary Cursio, Chair of the Monterey County Hospitality Association, spoke in support of the staff recommendation, saying that there is already diversity in the types of food being served on Cannery Row. He suggested that areas like Ryan Ranch might need food trucks. Ken Rowe, Owner of Taste of Monterey, said that he recently opened a bistro in his wine tasting business and food trucks would cut into his and others' business drastically. He also voiced concerns regarding safety. Jerry Anderson, North Fremont Business District President, said that the District members are trying to improve their brick and mortar stores, and they see food trucks as a detriment. He asked Council to take the most restrictive route. John Narigi said that every business district is asking Council to keep the ordinance with a one hour restriction. He suggested that Council direct staff to work with the districts to find areas where food trucks would be appropriate. He supported the staff recommendation. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett said that he is not advocating carte blanch for food trucks, and he does not believe an ordinance can be legally adopted for protectionism. It was moved by Councilmember Downey, and seconded by Mayor Roberson, to pass an Ordinance to print amending Monterey City Code Section 20-74.3 and 20-74.4 pertaining to peddling food from the public right-of-way. 3  City Council Minutes Tuesday, December 1, 2015 On question Councilmember Downey clarified that her motion includes the staff recommendation to remove the encroachment permit references from the current ordinance. Councilmember Smith said that he will support the motion because he is concerned about public safety. He said he would support having staff work with the business associations to identify appropriate locations. Councilmember Barrett said that staff has indicated public safety is not an issue. Councilmember Haffa asked to amend the motion to include direction to staff to work with business associations to identify appropriate locations where food trucks would be allowed for longer periods of times. The motion maker and seconder agreed with the amendment. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Barrett ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 5. Amend Resolution 15-137 to Ratify Prior Unappropriated Expenditures and Authorize an Additional Appropriation of Funds to Repair Deteriorating Showers for Building 629 A & B at the Presidio of Monterey ***PMSA*** (Plans & Public Works - 702-01) Action: Adopted Resolution No. 15-220 C.S. 6. Authorize the City Manager to Enter into an Agreement with the US Coast Guard to Provide Fire Services to Their Facilities Located Within Monterey City Limits (Fire - 601-05) Action: Adopted Resolution No. 15-221 C.S. 7. Award a Professional Services Agreement for the Development of the Wayfinding Sign Program (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-222 C.S. 8. Approve Cannery Row Business Association's Request for Locals Holiday Parking Program in the Cannery Row Garage (Community Services - 901-06) Action: Removed from Consent; discussed; adopted Resolution No. 15-223 C.S. Mayor Roberson opened the floor to Bill McCrone, who had requested to speak to this item. Mr. McCrone said that this amounts to a gift, and there has to be a public purpose for it. He said that promoting business on Cannery Row is a public purpose, but there is no study to confirm that it increases business. He asked Council to deny the request or require proof that sales are increased. Mayor Roberson opened general public comment. Ken Rowe, Taste of Monterey, said that other shopping districts do not charge for parking, and this does not give away funds. He said that the program lures more people to Cannery Row and has been successful. With no further requests to speak, Mayor Roberson closed public comments on the item. It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Resolution No. 15-223 C.S., approving Cannery Row Business Association's request for a locals holiday parking program in the Cannery Row Garage. Councilmember Smith amended his motion to add a report back to the City Council, the seconder agreed, and the motion carried by the following vote: 4  City Council Minutes Tuesday, December 1, 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 9. Approve a Memorandum of Understanding with the SEED Fund, LLC for Cooperative Purchasing of Solar Energy Systems for City Facilities (Plans & Public Works - 802-12) Action: Removed from Consent; continued to evening session; discussed; adopted Resolution No. 15-224 C.S. Sustainability Coordinator Terrasas presented the staff report and answered Councilmembers' questions. Councilmember Barrett said Monterey is positioning to be at the forefront of renewable energy. He supported Monterey taking the lead on this item if staff has time available to do so. Councilmembers thanked Mr. Terrasas for his report and voiced support. Mayor Roberson opened public comment on the item, had no requests to speak, and returned discussion to the dais. On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 15-224 approving a Memorandum of Understanding with the SEED Fund, LLC for cooperative purchasing of solar energy systems for City facilities: 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. Amend Resolution No. 15-056 to Add Leasing Policy to Establish a Non-Formula Preference for Wharf I Tenant Selection (Plans & Public Works - 701-15) Action: Removed from Consent; discussed; tabled, directing staff to bring the item back at the earliest opportunity Administrative Analyst Aldrete presented the staff recommendation and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Bill McCrone said that this change is not necessary because there is already a provision in the City Code that allows for a preference for non-formula businesses. He said that he believes these guidelines are being hijacked and stack the deck in favor of the status quo. With no further requests to speak, Mayor Roberson closed public comments on the item. Councilmember Barrett said that he asked to include this provision in the leasing policies several months ago. He said that the idea is to leave the door open just a crack for entrepreneurs and to preserve the character of the Wharf. He said that this resolution does not preclude a formula business from leasing a property on the Wharf. He said the intent is to give preference to entrepreneurialism. 5  City Council Minutes Tuesday, December 1, 2015 It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to add the word "independent" to the resolution and adopt Resolution 15-224 C.S., amending Resolution No. 15-056 to add a leasing policy to establish a non-formula preference for Wharf I tenant selection. Councilmember Smith said that he also prefers non-formula businesses, but he does not believe this resolution is necessary and this should be left up to the negotiators on a case-by- case basis. Councilmember Barrett said that this resolution gives staff guidance on the outcomes they would like to see from negotiations, similar to the previous guidance. He said that independent was a focus that he would prefer to include. Council recessed at 5:44 p.m. Mayor Roberson said that this item would be discussed later this evening if there is time. He said that the garage sale ordinance would be discussed first during the evening session. After further discussion during the evening session, Councilmember Barrett offered a substitute motion to table the item with the understanding that it would be brought back at the earliest opportunity, and Mayor Roberson seconded the substitute motion. The substitute 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 Other 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property 560 - 570 Munras Avenue (APN 001-581- 018- 000) and Adjacent National Trust for Historic Preservation (APN 001-581- 021-000); Agency Negotiators Chip Rerig and Rick Marvin; Negotiating Parties Uptown Monterey Partners, LLC.; Under Negotiation: Terms and Conditions to Grant Consent to Assignment of Ground Lease to an Entity to be Formed by Donahue Schriber Realty Group, L.P (Plans & Public Works - 206- 03) Action: Appointed negotiators 12. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2016 ***NIP*** (Plans & Public Works - 701-04) Action: Approved. ***End of Consent Agenda*** PUBLIC HEARING 13. 1st Reading – Amend Monterey City Code Section 38-129 and Section 38-132 to Allow Above Ground Fuel Storage Tanks; Owner/Applicant: Monterey Salinas Transit, LLC; Mitigated Negative Declaration Proposed (Plans & Public Works - 201-12) Action: Held Public Hearing; passed Ordinance to print Mayor Roberson gave a brief introduction and opened the public hearing. Lisa Reinheimer, Director of Planning and Development at MST, said that the above ground fuel tanks can be switched out if a more sustainable solution is put into place later. She said that this proposal would allow MST to consolidate their operations. With no further requests to speak, Mayor Roberson closed the hearing. 6  City Council Minutes Tuesday, December 1, 2015 On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed an Ordinance to print to amend Monterey City Code Section 38-129 and Section 38-132 to allow above ground fuel storage tanks: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 14. Consider Options for Regulating Garage Sales (Plans & Public Works - 705-01) Action: Directed staff to bring back an Ordinance that is permissive about garage sales but would provide a mechanism to prevent commercial garage sales (4-1; Downey voting no) Senior Planner Hopper presented the staff report and answered Councilmembers' questions. Chief Hober explained the process to deal with complaints. Mayor Roberson opened public comments on the item. Esther Malcolm said that there were many people at the neighborhood meeting. She asked how it would be different than the current situation if it is complaint-based. Having no further requests to speak, Mayor Roberson closed public comments. Code Enforcement Officer Wright said that he facilitated the meeting regarding garage sales and he named each person who was in the room that night, which included four residents. Councilmember Barrett thanked the community for bringing this information to the Council and staff for their work. He said that he has talked with neighborhoods, and he heard that people don't want restrictions on garage sales. It was moved by Councilmember Barrett, and seconded by Councilmember Downey, to receive the report and direct no regulation for garage sales. Councilmember Haffa said that he would prefer an option to restrict garage sales to two per year and four days so Council will have a way to direct staff to deal with commercial garage sales in a residential neighborhood. Councilmember Smith said that if there is no ordinance, there is no way to work a complaint through the system. He said he could not support a cumbersome permitting system or a fee, but he would like to have a mechanism so staff can respond administratively. Councilmember Barrett said that he is not in favor regulating this matter and law enforcement is not asking for this ordinance. Councilmember Haffa offered a substitute motion, and it was seconded by Councilmember Smith, to approve Alternative 3, except changing the number of days to four per year. Councilmember Smith said he wants to ensure quality of neighborhoods and quality of life by having a mechanism for staff to handle potential future problems. 7 City Council Minutes Tuesday, December 1, 2015 Mayor Roberson said that he does not want to tolerate a situation like a chronic garage sale. He said that he is struggling with the numbers and he would rather take no action or ask for a minimum amount of regulation. Councilmember Haffa said the intent is not to prevent people from having garage sales. The substitute motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Haffa, Smith NOES: 3 COUNCILMEMBERS: Barrett, Downey, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The original motion failed by the following vote AYES: 2 COUNCILMEMBERS: Barrett, Downey NOES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council directed staff to bring back an ordinance that is permissive about garage sales but would provide a mechanism to prevent commercial garage sales in residential areas. AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments on items not on the agenda. Luis Osorio voiced concerns regarding massage parlors and said that a recently drafted ordinance seems to be alleviating the situation. With no further requests to speak, Mayor Roberson closed public comments. WATER UPDATE On question, Mayor Roberson reported that there was a unanimous decision by the Authority to be a cosigner on the CDO Agreement. He explained that the vote was 6-0 with his abstention because he felt it would be a more appropriate role for the water district. 8  City Council Minutes Tuesday, December 1, 2015 COUNCIL COMMENTS Councilmember Downey said that community banks in the Monterey area do provide government services, and she is correcting misinformation that was presented at a previous meeting. She thanked the Downtown security team, and asked to hear a report on the Pacific Hotel RDA issue. Ms. Downey said that the City's license plate reader has been broken since September so the City has not been patrolling parking lots. She apologized for abstaining on a vote from the last meeting, and said that she should have voted no. She reported on the ground-breaking at the Conference Center, and thanked Paul Davis and David Stocker for their work on that project. Councilmember Downey reported on the Cannery Row Christmas tree lighting and thanked the Cannery Row businesses for the event. Councilmember Smith said that the ground-breaking on the Conference Center was a big event. He said that he would be at many small local businesses shopping this Saturday because he missed participating last weekend. He said that his heart will be at the Christmas Tree lighting on Friday, but he will miss it due to business travel. Mr. Smith wished everyone Happy Holidays, and urged people to drive safely. Councilmember Barrett commented on civic engagement with regard to tonight’s discussion. Councilmember Haffa said he has been receiving a number of comments from the faith community requesting a warming shelter. He said Monterey could support a shelter, but it could be located anywhere on the Peninsula. He suggested that Monterey could offer funding to the Salvation Army or another non-profit to support this project. CITY MANAGER REPORTS Assistant City Manager Uslar reported that staff is meeting regarding warming shelters. He reminded Council that the Police Chief would be swearing in four new police officers on Thursday at 4:00 p.m. PUBLIC HEARING 15. Consider Planning Commission Recommendation to Adopt a Mitigated Negative Declaration; Rezone the Waterfront Master Plan Planning Area to Planned Community – Waterfront; Repeal the Wharf Master Plan and Resolution 9000; and Adopt the Waterfront Master Plan -- Recommended to Table (Plans & Public Works - 201-12) Action: Continued the item to an adjourned meeting on the fourth Wednesday in January Councilmember Downey objected to tabling this item. Councilmember Smith said that it is a massive item that will take a lot of time. Assistant City Manager Uslar explained that the plan will come at a later time, and staff is trying to balance the Council's priorities. Mayor Roberson opened the public hearing. Bill McCrone said that he objects to tabling the item and would like Council to continue it to a date certain. Luis Osorio, former Planning Commissioner, said that since the last election this plan has come to a screeching halt and no one knows why. He said that it is starting to seem like something sketchy is going on. He said that the business interests are against this plan. He asked when Council is going to have a hearing on this item, and why is it on hold. With no further requests to speak, Mayor Roberson closed the hearing. 9  City Council Minutes Tuesday, December 1, 2015 Councilmember Smith said that the Planning Commission was not dismantled, rather some long time members were rotated off. He said there is no sinister plan and he has talked with no one about this item. Councilmember Haffa said that he wants to hear this item. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, and to continue the item to January 19. Councilmember Smith said that he might be traveling at that time and unable to attend the January 19 meeting. Councilmember Haffa amended his motion to continue the item to an adjourned meeting on the fourth Wednesday in January and Councilmember Downey, the seconder, agreed. The amended 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 Mayor Roberson called a recess at 8:28 p.m., then reconvened the meeting at 8:40 p.m. PUBLIC APPEARANCE 16. 1st Reading to Amend Monterey City Code Section 22-39 to Prohibit Medical Marijuana Delivery and Cultivation California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Passed Ordinance to print (3-2; Barrett, Haffa voting no) Chief of Planning Rerig presented the staff report and answered Councilmembers' questions. Mayor Roberson opened the item for public comment. Matthew Ancher, four-year Monterey County resident, urged Council not to pass any restriction on marijuana. He said that he is a 215 card-holder and that has allowed him to control his illness. Maxwell Green said that many businesses sell expensive items and drugstores deliver many drugs. Phillip Crawford, Monterey resident and criminal defense attorney, said that marijuana reduces crime and causes people to drink less alcohol. He said that if the Council is interested in what is good for the community they should not pass this ordinance. An unidentified gentleman said that he was arrested for delivering medical marijuana. He said that he is currently facing up to six years in jail. He said that as the son of a DEA agent he understands that the war on drugs is a failure. He said that many more conservative cities have far more liberal marijuana laws. He opposed the ordinance. A combat veteran, David De La Paz of the Peace Foundation, said that these medications work for combat veterans. He said that accessing a medication that helps one with war experiences should be supported. Maxwell Green said that it is a crime to restrict people from getting their medication. He said that limiting access empowers the black market. Calvin Fahey, 24 year Army Special Forces veteran and former CIA employee, spoke representing Monterey County NORML. He said that he has been a deliverer of medical marijuana. He disagreed with the entire staff report and said the recommendation is archaic. He 10 City Council Minutes Tuesday, December 1, 2015 said that this medicine works for people and could solve many problems. He offered to do a presentation for the Council. An unidentified lady said that she has family members that are helped by medical marijuana. She said that it is not fair to prohibit dispensaries, delivery, and cultivation, and she opposed the staff recommendation. Aaron Johnson, Coastal Growers Association, Farm Bureau member and President of the Ag Land Trust, said that the face of marijuana is diverse. He said that he is a patient due to having broken his neck, and he has not had to take prescribed medications since he started using cannabis. He opposed the Ordinance, and urged Council to allow dispensing cannabis by delivery method. He said he supports cannabis businesses, and there is a way to start small and allow for some cultivation in the City. Jeff Lind, Coastal Growers Association and attorney, said that patients include many different types of people, and some of them really need the benefit of delivery. He said that 65% of voters in the City voted for the Compassionate Use Act. He opposed the ordinance. Joey Espinoza, Coastal Growers and NORML, said that this type of business requires a lot of regulation. He asked Council to give them an opportunity to work with the City and show a positive experience. Chad said that George Washington grew hemp, and it was a requirement to grow it at the beginning of the country. He said that marijuana is a medicine and it is nowhere nearly as dangerous as alcohol. He said it is shameful to make people feel like criminals. Ryan Munevar, Monterey County NORML, said he understands that this is about local control. He said that if the City limits this opportunity we give up the ability to tax it and use the money for the community. Having no further requests to speak, Mayor Roberson closed public comments on the item. On request of Councilmember Downey, Chief Hober said that the issue comes down to how to deal with this issue because the Federal government has not made this a legal drug, and it comes down to local regulations. He reviewed his experience in San Jose and explained how the regulation creates a huge burden on local government and how an increase in crime comes about because of it. Councilmember Haffa said that people have a right to receive their medicine, and he would like Council to consider permitting legal delivery for people who have prescriptions. Councilmember Downey agreed with the Police Chief. She said that an all cash business is a target for crime. She said that she does not support delivery, dispensing, or cultivating. Councilmember Smith agreed with Chief Hober and supported his recommendation until the Federal law is changed. He said that there are two Monterey County dispensaries and that is sufficient. Councilmember Barrett said that improving access to cannabis must be done in the right way. He said that this is both an administrative and a people issue, and it is clear that this is something that the people want. He said that he wants to make sure this is done the right way, so he might be supportive of this ordinance if it is used to take the time to meet the community need. Councilmember Smith said that he has heard many testimonies and a doctor recommends the medicine and the doctor can figure out how to get the medicine to the patient. He clarified that he is not against the use of the medicine. He encouraged people to work toward a change at the Federal level. Councilmember Downey said she toured three dispensaries in Santa Cruz and as a nurse she was appalled at the laboratory conditions. She said that a pharmacy is the proper venue for dispensing. 11 City Council Minutes Tuesday, December 1, 2015 Mayor Roberson said that this action is about local control. He said that this is an opportunity to establish a network to take care of homebound people. He said he has to listen to the Police Chief and take his recommendation to heart. It was moved by Councilmember Downey, and seconded by Councilmember Smith, to pass the Ordinance to print to amend Monterey City Code Section 22-39 to prohibit medical marijuana delivery and cultivation: Councilmember Barrett asked to amend the motion to add direction to staff to research the issue and bring it back. Ms. Downey did not accept the amendment, and Mr. Barrett said that he would not be able to support the motion. Councilmember Haffa said he would not support the motion because he believes the Council would be getting between patients and their doctors. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Council adjourned to closed session at 9:55 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 10:53 p.m. Information Resources Director/City Clerk Gawf announced the following: The City Council gave confidential direction to their negotiators on a unanimous roll call vote in a conference with real property negotiators regarding property at 560-570 Munras and adjacent to the National Trust for Historic Preservation; negotiating parties: Uptown Monterey Partners, LLC; Under negotiation: terms and conditions to grant consent to assignment of lease and sublease. The City Council gave confidential direction to their counsel on a unanimous roll call vote in a conference with legal counsel regarding existing litigation; Eli Storey versus City of Monterey. On a unanimous roll call vote the City Council gave confidential direction to their negotiators in a conference with labor negotiators Gina Donnelly and Gina Russo; Employee Organization: Monterey Fire Fighters Association (MFFA). The City Attorney's public employee evaluation was discussed with no action taken. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 12