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CITY COUNCIL STAFF REPORT
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DATE: January 24, 2018 Public Hearing
SUBJECT: APPEAL BY WILLIE HOLLAND, JR., CO-APPLICANT OF COACHELLA
GREEN DRAGON, RE DECEMBER 5, 2017 DECISION OF THE CITY
ATTORNEY DENYING HIS ISSUANCE OF A CANNABIS RELATED
BUSINESS AND ACTIVITIES PERMIT (APPLICATION NO. C-2017-006)
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY:
The City Council will consider an appeal by Willie Holland, Jr., co-applicant of Coachella
Green Valley Green Dragon, seeking to overturn the December 5, 2017 decision of the
City Attorney denying issuance to Green Valley of a Cannabis Related Business and
Activities permit. The City Attorney communicated to Coachella Valley Green Dragon that
its application might proceed in the name of Mr. Holland's co-applicant alone, Manuel
Semerdjian, and further that Mr. Holland would be eligible to own an interest in the
company set at less than twenty percent (20%) in magnitude.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE CITY ATTORNEY'S
DECISION TO DENY MR. HOLLAND'S APPLICATION FOR A CANNABIS
RELATED BUSINESS AND ACTIVITIES PERMIT.
BACKGROUND:
Mr. Holland is a lifetime resident of the City of Palm Springs and has shown an interest in
pursuing a cannabis related business for several years. Mr. Holland has been on the
cannabis related business interest list since April 17, 2014. In August, 2015 Mr. Holland
expressed an interest in proceeding with an application for one of the City's MCCC licenses;
however, did not complete the application process.
ITEM NO. 2• a
City Council Staff Report
January 24, 2018-- Page 2
Appeal
On July 26, 2017 the Council adopted Ordinance 1933, and the City's current regulations
providing for permitting of commercial medical cannabis and adult-use cannabis
businesses. The City's application form became available to the public on August 8, 2017.
On September 26, 2017, Mr. Willie J. Holland, Jr, and Manuel Semerdjian, acting as
"Coachella Green Valley Green Dragon," submitted an application seeking a Cannabis
Related Business and Activities permit for a commercial medical and adult use dispensary
to be located at 3700 W. Vista Chino in the City of Palm Springs. The application was
returned to the applicants for corrections on September 18, 2017, and re-submitted on
September 26, 2017. On November 10, 2017 Investigator Bruce Bower submitted Mr.
Holland's and Mr. Semerdjian's completed background investigations. Mr. Holland's Live
Scan results for CA DOJ received on October 11, 2017 disclosed a personal history for Mr.
Holland that the City must consider in deciding whether to issue a permit under Ordinance
1933.
On November 28, 2017 the background investigation file was returned to the City Attorney
for review and consideration. The city attorney made a thorough review of the file. Upon
consideration of the above referenced personal history, the city attorney, acting as the
designee of the city manager with respect to this task, determined that Mr. Holland did not
qualify for the issuance of a Cannabis Related Business and Activities permit. This is not a
situation where the City has discretion or reasonable minds might differ. The Palm Springs
Municipal Code mandates that Mr. Holland's permit be denied.
On December 5, 2017 and January 8, 2018, the city attorney sent Mr. Holland letters in this
matter, the first regarding the denial of the Coachella Valley Green Dragon permit as
requested, and the second regarding this appeal. The first letter advised Green Dragon of
the denial of the application with Mr. Holland as an owner of more than twenty percent
(20%) of the company, and informed the applicant(s) that upon amendment, the application
could proceed in the name of Mr. Manuel Semerdjian alone. Additionally, the city attorney
informed Mr. Holland that based upon the specifics of Mr. Holland's personal history, the
City had no objection to Mr. Holland working at/for any permitted cannabis business/activity
operated by Mr. Semerdjian, or owning an interest in such a business/activity set at less
than twenty percent (20%).
Prior to placing this staff report into the public record, the city attorney's office reached out
to Mr. Holland on multiple occasions telephonically. Staff spoke with him on January 17,
2018 to be certain that he was comfortable with the public nature of the appeal proceeding
that he initiated. The city attorney and city manager left him voicemail on January 18, 2018
prior to finalization of the agenda packet, following up on that contact. Staff spoke with Mr.
Semerdjian later that same day, and requested that Mr. Holland's partner endeavor to
contact him and request that he contact the city attorney. As of the completion of this report
and finalization of the agenda packet for this Council meeting.
Mr. Holland's letter initiating this appeal, and the specifics of Mr. Holland's personal history
that render him ineligible for a permit under Ordinance 1933 are not contained in this report.
Appellant's written communication that necessitated this staff report and the facts that
02
City Council Staff Report
January 24, 2018-- Page 3
Appeal
determine its outcome will be placed into the administrative record to the extent necessary
to support a Council denial of this appeal. Notwithstanding the sensitivity staff is trying to
exercise with respect to Mr. Holland's personal history, staff has the responsibility to provide
the City Council with complete information upon which it can properly base a quasi-judicial
ruling upon Mr. Holland's appeal.
The municipal code mandates that the Council make a decision upon this appeal within
fifteen (15) days after the hearing, but may extend the time for a decision for up to ninety
(90) days. If Mr. Holland fails to appear for the hearing, that failure to appear shall constitute
grounds for the denial of the appeal.
ANALYSIS:
This appeal is quite a simple matter. PSMC 5.45.090 (E)(2) and 5.55.090 (E)(2)(C) reflect
the cannabis application review process and criteria as they apply to this matter. The cited
provisions specifically mandate that this application shall be denied based upon Mr.
Holland's personal history.Again, further detail will be entered into the administrative record
of proceedings as such entry proves necessary.
Edward Z. Kotkin, David H. Ready, Esq. Ph.D.
City Attorney City Manager
03
NOTICE OF APPEAL HEARING
CITY OF PALM SPRINGS, CALIFORNIA
O'�PLM]aa
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BEFORE THE
CITY COUNCIL
TO: Willie Holland Jr.
599 W. Avenida Cerca
Palm Springs, CA 92262
w.hol landenterprises(cDyahoo.com
NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code
§2.05.050, of the Appeal Hearing before the City Council, on the decision by an
administrative officer of the City to deny a request for a medical cannabis business permit.
Hearing Date: Wednesday, January 24, 2018
Hearing Time: 6:00 p.m.
Location: Palm Springs City Hall Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
PLEASE NOTE: A minimum of 10 copies of any materials, in which you want to present to the Hearing
Board as evidence on your behalf, must be provided to the City Clerk prior to the Hearing.
AFFIDAVIT OF MAILING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, ANTHONY J. MEJIA, City Clerk, of the City of Palm Springs, California, do hereby certify that the
Notice of Hearing before the City Council was emailed and mailed to the parties at the address above, on
Wednesday, January 10, 2018, in a sealed envelope, with postage prepaid, and depositing same in the
U S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
4'4,o C
thony J. jia, M
City Clerk
Cd
As a courtesy,this Hearing Notice was emailed to the Owner mentioned above.
To: Palm Springs City Council 2lli OTC j 2 Pjj 5: 31
From: Coachella Valley Green Dragon
Willie Holland appeal
To whom it may concern;
My name is Willie Holland Jr. I was denied medical marijuana permit because of my
background. The offense was dated back in 2002, I went through the rehabilitation process, and
never was convicted again. That has been approximately 16 years ago. Since then I have opened
three businesses in Palm Springs, a clothing store, a U-Haul, and a Boost Mobile store. I never
opened an illegal medical marijuana business. I respected the denial of opening a medical
marijuana business from Terry Tatum(ex-code enforcement supervisor). This was 2010 with the
city was only allowing two permitted dispensaries. I watched several illegal medical marijuana
businesses operate for 5 to 7 years before the city eliminated them. I have always shown respect
towards the City of Palm Springs.
I'm soon to be 47 years of age; my birthday is December 21, 1970. 1 have four children
and I'm trying to create a living to support them. I recently lost my father, Willie Holland Sr. on
April 27, 2017. His birthday was 15 days before he passed away. My father was known by many
employees of the City of Palm Springs, and they knew him very well. After my mom passed
away in 1995 from breast cancer my father was never the same mentally. So I apologize for his
actions, he lost his mental stability. I'm an African-American male; I don't see any black owned
medical marijuana entrepreneurs in Palm Springs. I was born and raised in Palm Springs. I want
to be able to provide jobs for community. I want to be able to contribute to local scholarship
Programs, such as the Negro Academic Scholarship Fund, that will send graduating high school
students to further their education, be it college or a trade. I am not asking for any handouts, I
just want a second chance to be entrepreneur in the City of Springs. As a minority, opportunities
for success are rare. We have all done wrong in some way. I'm not perfect, but I have matured
since the offense in 2002.
1 had meetings with the city manager, David Ready and city attorney Edward Kotkin. Mr.
Kotkin, City Attorney informed me that I can work in any marijuana business in Palm Springs, I
just can't be a 20% or more owner or permit holder. I want to have over 20% financial interest
and become a permit holder. I want to thank them for being informative and supportive. I also
want to really think the city clerk Terry Milton. I hope that the City Council could recognize my
rehabilitation and allow me to obtain a medical marijuana permit from the City of Palm Springs.
Thank you for your time and consideration. If you have any further questions or concerns
please feel free to email me at w.hollandenterprises@yahoo.com.
Sincerely,
Willie Holland Jr.
05
12/1292017 Chapter 2.05 APPEAL TO CITY COUNCIL
halm Springs r-1s,nicipai Code.
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter_2.05 APPEAL TO CITY COUNCIL
2.05.010 Exclusive procedure.
Except in cases involving the administrative appeals board pursuant to Chapter 2.50 or as otherwise specifically provided by this code or other ordinances,
all appeals to the city council otherwise allowed by the code or other ordinances shall be prosecuted in accordance with this chapter.(Ord. 1537§ 1, 1996:Ord.
1226§ 1, 1984)
2.05.020 Definitions.
For purposes of this chapter:
(1) "Aggrieved person"means:
(A) Any applicant who has been denied a permit or license or who has been granted a permit or license subject to conditions by any administrative
officer or agency of the city,where such denial or grant is otherwise appealable;or
(B) Any person who was entitled to notice of the application by another for a permit or license,whether or not such notice was actually given,and
who is dissatisfied that the permit or license was granted with or without conditions,where such grant is otherwise appealable;or
(C) Any person whose personal,pecuniary or property right or interest is directly and adversely affected,or upon whom a substantial burden or
obligation is imposed by the action or decision appealed from.
(2) "Administrative agency"means an organ of the city government other than the city council which affects the rights of private parties through
adjudication or rulemaking.
(3) "Administrative officer"means an officer of the city who is not a member of the legislative body or appointed boards or commissions.Such officers
include but are not limited to the city manager,chief of police,director of transportation and director of community development.
(4) "Appellant"means an aggrieved person directly affected by an action,who files an appeal.
(5) "Intervenor"means a person aggrieved by the grant of a permit or license to another,or who was entitled by law to notice of the action taken,who
seeks to be heard concerning such person's interest in an appeal.
(6) "Respondent"means the administrative officer or agency which took the action appealed from,and any other administrative officer or agency named as
respondent in an appeal.
(Ord. 1226§ 1, 1984)
2.05.030 Filing of appeal.
A person aggrieved by an action taken by an administrative officer or administrative agency of the city may appeal the action to the city council,if the action
is made appealable by applicable provision of the Palm Springs Municipal Code or other city ordinance,by filing with the city clerk a written notice of appeal
which sets forth the appellant's full name and mailing address,the specific action appealed from,the grounds for the appeal and the relief sought;and paying to the
city clerk such fee as the city council may establish by resolution.(Ord. 1226§ 1,1984)
2.05.040 Time of filing.
The notice required by Section 2.05.030 shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the
appeal is taken or,if there is no such mailing and/or none is required,no later than fifteen days following the date of the action which is the subject of the appeal.
The city clerk shall furnish a copy of the appeal to the respondent within five days after filing.(Ord. 1226§ 1, 1984)
2.05.050 Time of hearing-Notice.
(a) The city clerk,upon receipt of the notice of appeal,shall set a time and place for the hearing of such appeal by the council.The appeal shall be heard no more
than forty-five days following the filing of the notice of appeal unless the parties waive such time limits.
(b) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the city clerk to the appellant,respondent and all other persons,if any,
to whom notice of the initial application or action was required,not less than ten days prior to hearing.If publication of the initial application or action being
appealed was required,the notice of appeal shall be published in like manner.(Ord. 1233§ 1, 1985:Ord. 1226§ 1,1984)
2.05.060 Answer and cross-appeal.
Respondent is not required to file an answer to the appeal.If no answer is filed,every material allegation of the appeal is in issue.
After an appeal has been initiated,a cross-appeal may be brought by any person who would otherwise have had standing to appeal the subject action or
decision.The cross-appellant shall file a written notice of cross-appeal with the city clerk stating cross-appellant's full name and mailing address,the specific action
appealed from,the grounds for the cross-appeal and the relief sought.Such notice shall be filed no less than five days prior to hearing except for good cause shown
to the satisfaction of the city council.(Ord. 1226§ 1, 1984)
2.05.070 Designation of parties.
(a) A person who is aggrieved by the denial to him of a permit or license or the grant to him of such permit or license with conditions,or whose personal or
property right was the subject of the action appealed from,shall be designated"appellant."
(b) A person who is aggrieved by the grant with or without conditions of a permit or license to another,or who was entitled by law to receive notice of the
application for permit or license whether or not such notice was actually given,shall be designated"intervenor."
(c) Unless the appeal names some other respondent,the administrative officer or administrative agency which took the action or made the decision appealed
from shall be designated`respondent."(Ord. 1226§ 1,1984)
2.OS.O80 Hearing by council.
06
hftp://www.qcode.us/codes/palmspringsi 112
1211242017 Chapter 2.05 APPEAL TO CITY COUNCIL
At the time of hearing of the appeal by the city council,the appellant shall be limited in his presentation to the specific grounds for appeal set forth in his
notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered,reversed or modified.All parties shall have the
right to be heard by the council either in person or by counsel.Technical rules of evidence shall not apply in proceedings under this chapter.No party shall have the
right to cross-examine any other party or witness except for good cause shown to the satisfaction of the council.(Ord. 1226§ 1,1984)
2.05.090 Dismissal for nonprosecution.
If appellant fails to appear,either in person or by counsel,at the appointed time and place for hearing,such failure to appear shall constitute sufficient
grounds for denial of the appeal.Such denial for nonprosecution shall not affect the right of a cross-appellant,if any,to proceed with a cross-appeal.(Ord. 1226§ 1,
1984)
2.05.100 Time for decision—Effective when.
(a) The city council shall render its decision within fifteen days following the conclusion of the hearing of the appeal.Upon finding good cause to do so,the city
council may extend the time for rendering its decision up to ninety days.The council by its decision may reverse,modify or affirm the administrative action taken.
(b) No later than five days following the rendering of the council's decision the city clerk shall mail or otherwise deliver a copy of said decision to each party
who appeared during the proceedings,or who requested to be furnished a copy of the decision.Failure of the city clerk to mail or deliver a copy of the decision to
each party or to any party shall not affect the finality or effectiveness of the decision.The council's decision shall be final and effec
tive at the final adjournment of the meeting at which the decision is rendered,except in those cases where the council is authorized to grant a rehearing,in which
case the council's decision shall be final and effective:
(1) When the time to petition for rehearing has expired without the filing of a petition for rehearing;or
(2) Upon the denial of a petition for rehearing.
(Ord. 1226§ 1, 1984)
2.05.110 Reconsideration.
Without granting a rehearing,the city council may reopen and reconsider a decision at any time before the decision becomes final.A motion to reconsider
may be made only by a member of the city council who voted in favor of the decision.(Ord. 1226§ 1, 1984)
2.05.120 Rehearing.
In those cases where the effect of a decision on appeal is to deny a permit or entitlement,an appellant may apply for a rehearing by filing with the city clerk
and serving upon the other parties,within fifteen days of the date when the decision was rendered,a petition therefor.Within thirty days after the filing of such
petition,the council shall grant or deny the petition,in whole or in part.Failure to act within the thirty day limit shall constitute denial of the petition.(Ord. 1226§
I, 1984)
View the mobile version.
07
http://www.gcode.us/codes/paimsprings/ 2/2
December 13, 2017
To: Palm Springs City Council 2111 DEC Is
Appeal: Coachella Valley Green Dragon,Willie Holland
To whom it may concern;
My name is Willie Holland Jr. and on December 5, 2017, I was denied a license permit as a
medical marijuana owner/operator based upon my background. The offense was dated back to
2002. I went through the rehabilitation process, and never was convicted again. That was
approximately 16 years ago.
Since then I have opened three businesses in Palm Springs, a clothing store, a U-Haul, and a
Boost Mobile store. In spite of my desire to operate a medical marijuana business I never opened
an illegal medical marijuana operation. I respected the denial of opening a medical marijuana
business from Terry Tatum (ex-code enforcement supervisor). This was back in 2010 when the
city was only allowing two permitted dispensaries. I watched as several illegal medical
marijuana businesses opened and operated for 5 to 7 years before the city was able eliminated
them. My respect for the City of Palm Springs and the law is evidenced by my refusal to engage
in an illegal dispensary.
I'm an African-American male born and raised in the City of Palm Springs. On December 21, I
will celebrate my 47th year. I am no longer a youth. I am the father of four children trying to
provide for my family and attempting to set the best possible example for them. I asking for a
chance to be an entrepreneur in the City of Springs. Opportunities for minorities are rare and I
promise to be a success story. I am not asking for any handouts. I believe that we have all made
some mistakes along the way, but I have learned from them and matured since the offense.
After meeting with, David Ready and city attorney, Edward Kotkin. I was informed that I can
work in any marijuana business in Palm Springs, but I can't get a 20% or more owner or permit
holder without your override. In order for me to give back to the community in the ways that I
look forward to I need to have over 20% financial interest and to become a permit holder. It is
my hope that the City Council could recognize my rehabilitation and allow me to obtain an
owner/operator medical marijuana permit from the City of Palm Springs. Thank you for your
time and consideration.
Sincerely,
Willie Holland Jr.
08
April 17, 2017
Dear Mayor Robert Moon,
Councilmembers of Palm Springs, CA 92263
My name is Willie Holland Jr. and I am a lifelong resident of Palm Springs and I have been trying
to get a Medical Marijuana license, from the City of Palm Springs since, 2010. 1 love the city that I
was born in and chose not to open illegally even though I felt denied and discriminated against.
First of all I fully recognize the fact that my father Willie Holland Sr. took an adversarial position
against the city on almost everything and that may have influenced the interaction that the city took
toward me but I am not my father.
Since 2010 , 1 supplied the city with all of my contact information but I did not received any
response from the city no matter how hard I tried until in desperation and frustration I contacted,
Mayor Ron Oden. After Mr. Oden set up a meeting with the, City Manager, David Ready he was
able within hours to find an email with my name on it from 2015 but regrettably I have not been
able to find this email.
It has been discouraging to me to see the favoritism and preferential treatment given to some and
denied to others. I have watched one by one those approved by the city and their relationships
with either the city in general or their relationships with council members. I made this dear in
some of my discussions with the city attorney, Mr Doug Holland. I have made so many phone
calls and visits to the city that Terri Milton knows me very well. I only wish that my interactions
with the city were as positive as my interactions with her. In my first interaction with Mr Holland
after Mayor Oden intervened Mr Holland told me that, "no Black people ever applied for a
license!." The email found by Mr. Ready within hours of our meeting confirms that I did apply
even if I wasn't contacted and that my name was on a list.
What do I want? I humbly request a, Medical Marijuana license that is currently approved by the
city. I am not interested in the Recreational license. I would like the license that I have been trying
to secure since 2010 that covers the manufacturing, cultivation, distribution and retail sale of
Medical marijuana. Because of my personal and religious beliefs I do not want to be associated
with the generic approval of recreational use of marijuana coming in 2018. 1 am a well known and
respected citizen of Palm Springs and I have either worked with,for, or otherwise interacted with
almost all of those approved for licensure in the city of Palm Springs so I know the Medical
Marijuana community from the inside out. Please provide me with a Medical Marijuana license.
My sincere thanks and appreciation for your help,
Willie Holland Jr.
Cc. David Ready and Doug Holland
09
To Whom It May Concern:
As the Community Center Manager of the James O Jessie Desert
Highland Unity Center, I work closely with many of the community members and
volunteers. As a patron and volunteer, I consider Mr. Willie Holland to be a strong
willed individual. After many years, I have come to know him well.
Willie is a dedicated member of the Palm Springs community and has
participated in countless hours at the Center in many programs and activities
such as, weight exercise program and being a supportive parent with his kids
during our camps and afterschool programs. Willie Holland is a hard worker,
respectful, patient, and considered a people person.
In summary, I recommend Mr. Holland for any endeavor that he may
pursue in becoming a productive citizen. Please consider this reference letter for
Willie Holland.
If you have any questions, please do not hesitate to contact me at (760)
323-8271 or (760) 416-5716.
Sincerely,
J is Crawfor4Community Center Manager
10
"[[5i
CITY OF PALM SPRINGS
RECVD BY: CR 01000098561
PAYOR: WILLIE HOLLAND
TODAY'S DATE: 12/13/17
REGISTER DATE: 12/13/17 TIME: 11:42
DESCRIPTION AMOUNT
OTHER CHARGES SVCS $568.00
CUST ID: APPEAL MCCC PERMIT APP
TOTAL DUE: $568.00
CASH PAID: $568.00
TENDERED: $568.00
CHANGE: $.00 '..
"[[4i
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