Council Special Meeting

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, July 27, 2011 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBERS, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, Director of Information Resources/City Clerk, City Attorney, Present: Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental , Finance Director, Police Chief, Human Resources Director, Community Services Director, Assistant Finance Director, Traffic Engineer, Assistant City Attorney CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. Adjourn to Joint City Council and Neighborhood Improvement Program Committee Meeting Council adjourned to a joint meeting with the Neighborhood Improvement Committee. The following neighborhoods were represented: Aguajito Oaks-Morgan, Foss; Casanova-Oak Knoll-Ruccello; Del Monte Grove-Laguna Grande-Alley; Fisherman's Flats-Reed; Monterey Vista-Jannasch; New Monterey-Dwight; Oak Grove-DiMaggio; Old Town-Harrison, ; Skyline Forest-Duke; Skyline Ridge-Lieberman; Villa Del Monte-Conte PUBLIC APPEARANCE 1. Overhead Costs Charged to Special Funds Including Neighborhood Improvement Program (NIP) (Plans & Public Works - 808-01) Action: Adopted amended Resolution No. 11-109 C.S. Finance Director Rhoads presented the staff report. Mayor Della Sala opened public comments on the item. Mary Ann Finocchi said that the information should be presented at an evening session so there could be more participation. She noted that the power point presentation was easily visible, and she voiced concerns regarding the quality of the cable cast. Clyde Roberson, co-founder of the NIP, said that he feels that the City is wandering away from keeping the neighborhoods as a priority. He gave a brief history of the program and its funding. He asked Council to put the interest back into the NIP, charge actual administration costs, and reduce the cost for consultants. Richard Lind, Del Monte Beach, supported the previous speaker's comments. Mike Brassfield, CONA Alternate NIP Representative, said that audit costs for the time sheets should also be considered. He suggested procedures and tracking need to be implemented when a new way of business is introduced.  City Council Minutes Wednesday, July 27, 2011 Joanne Garden, NIP Committee Alternate, said that she is very proud of the Committee's work over the years. She noted that when contractors do not do a job correctly, they are then paid to redo it. She suggested that contractors should take reductions in pay as others are being required to do. Having no further requests to speak, Mayor Della Sala closed public comments. City Manager Meurer said that there are a number of cherished programs that the City runs, and the Council has to balance the budget across those programs. He noted that while there have been mistakes, most projects have been completed properly. Finance Director Rhoads explained how the formula accounts for administrative time, and that the City is familiar with the auditing process via the contract with the Army. Councilmember Sollecito commented that this item is about transparency, efficiency, and accountability. He said that he is hearing that there is a concern about being charged double. NIP Committee Member Dwight said that staff has said that the NIP has adequately provided money to cover the overhead costs. She asked why NIP is being singled out. She said that because of the reorganization additional staff are coming to the meetings, which she fears might incur additional overhead costs. She voiced concerns that the proposed Resolution rewrites the NIP Policies and the Resolution does not specify the accounting method. City Manager Meurer clarified that this proposal has only to do with an ongoing effort to transform how the City operates, and the NIP is not being singled out. He said that this effort started with a change to how overhead is charged to the Army. He said that the integration of Planners and Engineers has been very effective and more efficient, and the costs are driven by the needs of the NIP. He said that the ten percent overhead charge was put into effect in 1991. NIP Member Duke said that the proposed process makes sense from a financial point of view. It was moved by Councilmember Della Sala, and seconded by Councilmember Sollecito, to adopt Resolution No. 11-109 C.S., approving the overhead costs charged to Special Funds Including Neighborhood Improvement Program. Councilmember Sollecito suggested rewording the Resolution so it does not amend the NIP Manual, but allows the NIP to amend the manual to coincide with Council's new direction, and Mayor Della Sala agreed to the amendment. 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 RECUSED: 0 COUNCILMEMBERS: None 2. Review of NIP Processes According to Charter, and Consider NIP Committee Request to Release and Build NIP Projects Currently on Hold (Plans & Public Works - 808-01) Action: Postponed until September 6, 2011 Due to time constraints, the City Council agreed by consensus to take up this matter at their first meeting in September. The Joint Meeting adjourned to the City Council Meeting, and Council recessed at 5:30 p.m. Mayor Della Sala called the meeting to order at 7:00 p.m., and all Councilmembers were present. 2  City Council Minutes Wednesday, July 27, 2011 PUBLIC APPEARANCE 3. Refer a draft Ordinance to the Planning Commission to Allow One Medical Marijuana Cooperative in Monterey in the Industrial Administration and Research Zone (I-R), with Restrictions; or in the alternative, Adopt an Ordinance to Ban Medical Marijuana Dispensaries in Monterey in all Zones. (City Attorney - 703-04) Action: Motion to pass an Ordinance allowing one Medical Marijuana dispensary failed (2-3; Downey, Selfridge, Della Sala voting no); Passed Ordinance banning Medical Marijuana dispensaries in Monterey (3-2; Haferman, Sollecito voting no) Mayor Della Sala introduced the item, and City Attorney Mall presented the report, giving an update on recent litigation in California and potential liability issues. Councilmember Downey disclosed that she has met with Ms. Piccinini regarding this topic. Mayor Della Sala opened the floor for public comments. Valerie Leveroni-Corrall, WAMM, said that her organization has been serving patients for nineteen years, and spoke in support of allowing a medical marijuana cooperative. On question, she stated that she is a resident of Santa Cruz County. Suzanne File, WAMM Board of Directors and patient and Santa Cruz resident, said that she suffers from neuropathy and marijuana is the best medication for her condition. She supported allowing a collective to operate in Monterey. Ben Rice, Attorney representing WAMM, recounted an incident when patients' homes were raided and they were arrested. He said that the Federal government is not currently prosecuting medical marijuana users in states where it has been legalized. He supported allowing a cooperative. Guywn Etter presented information regarding the compounds in the marijuana as they relate to dosage and spoke in support of allowing a medical marijuana cooperative in Monterey. Laura Banks, Board Certified Neurologist, said that she is not a proponent of marijuana for all, but there is evidence that it is useful for certain conditions. She supported allowing a facility in Monterey. Jason Retterer, Lombardo & Gilles, representing Ms. Piccinini, urged Council to adopt an ordinance allowing a facility in Monterey in order to assure safety. He said that it was found in the recent Anaheim case that governmental agencies do not incur liability by exercising their zoning ordinance. Valentia Piccinini spoke in support of an ordinance to allow a medical marijuana facility in Monterey. She said that she lives with a great deal of pain and cannot take medications for it. Nathanial Reinke gave a PowerPoint presentation recounting his history as a cultivator of medical marijuana and saying that he operates a cooperative in Santa Barbara under a local permit since January 2010. He supported providing safe access for patients, and regulation and control is the only way to prevent crime. He gave information regarding dosages and spoke in support of adopting an ordinance to allow a facility in Monterey. Mr. Rice said that two dispensaries in Santa Cruz have been operating for only five to six years, while WAMM has been operating almost twenty years. He suggested using WAMM's model because it is a true collective. Ms. Piccinini said that she wants to bring a different model to the area. Having no further requests to speak, Mayor Della Sala closed public comments on the item. 3 City Council Minutes Wednesday, July 27, 2011 It was moved by Councilmember Haferman, and seconded by Councilmember Sollecito, to refer a draft Ordinance to the Planning Commission to allow one Medical Marijuana Cooperative in Monterey in the Industrial Administration and Research Zone, with restrictions. Mayor Della Sala said that he understands compassion, but he has concerns that a cooperative in Monterey County would be abused and have a detrimental effect on the community. Councilmember Sollecito said that medical marijuana works for cancer patients. He said that it is difficult for him to approve this because of Federal laws, but he is going to step out of his comfort zone for the benefit of the common citizen. He noted that this could be undone if it does not work. Councilmember Selfridge agreed that this is a difficult decision, and she has visited several facilities. She voiced concerns regarding potential abuse and said that she cannot go along with the motion. Councilmember Downey said that she believes it is possible to have a good facility, but she has concerns regarding potential criminal activities and she cannot support the motion. She commended the people who testified tonight. Councilmember Haferman said that people are already receiving deliveries of marijuana to their homes, and Monterey does not benefit from the sales tax. He said that crime is a problem from alcohol, which is a legal intoxicant. Mayor Della Sala said that if deliveries are already being made to Monterey residents, there is no reason to approve a facility. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Haferman, Sollecito NOES: 3 COUNCILMEMBERS: Downey, Selfridge, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council passed an Ordinance to ban Medical Marijuana dispensaries in Monterey in all zones: AYES: 3 COUNCILMEMBERS: Downey, Selfridge, Della Sala NOES: 2 COUNCILMEMBERS: Haferman, Sollecito ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT With no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:31 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Information Resource Director/City Clerk Mayor 4