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Home My WebLink About2006-03-29 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 29, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE: Councilmember Pougnet led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: Councilmember Mills. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember McCulloch, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. PRESENTATIONS: None. PUBLIC COMMENT: KENNETH WHITE, Upland, provided the legal status of Medical Marijuana Dispensaries in the State of California, and stated support for Medical Marijuana. The City Council recessed at 6:08 P.M. The City Council reconvened at 6:11 P.M. WAYNE FAHRBACH, Desert Hot Springs, stated his support for the use of Medical Marijuana and Dispensaries. DOUGLAS LANPHERE, Perris, stated his support of Medical Marijuana Dispensaries and commented on the legal status of Dispensaries in the State of California. City Council Minutes March 29, 2006 Page 2 LaVONNE VICTOR, Temecula, stated her support for Medical Marijuana Dispensaries. MARTIN VICTOR, Temecula, commented on the legal status of Medical Marijuana Dispensaries in the State of California and stated his support for Dispensaries. LANNY SWERDLOW, Palm Springs, commented on the benefits of Medical Marijuana Dispensaries, stated his support for the Moratorium if amended to address his concerns in Section 8 of the proposed ordinance. ALAN LAYTON, La Quinta, provided information on the County Card program and stated his support for Medical Marijuana Dispensaries. KEITH KNAUSS, Palm Springs, commented on the status and the future of the Desert Fashion Plaza, stated he does not support the current plans for the development. PAULA AUBURN, Palm Springs, stated her support for Medical Marijuana; commented on the development of the Desert Fashion Plaza. SUMMER GLENNEY, stated her support for Medical Marijuana Dispensaries and requested the City Council allow for input from the users with respect to development of final regulations. GARRY SILVA, stated his opposition to a moratorium on Medical Marijuana Dispensaries in the City of Palm Springs. PHIL MORRIS, Palm Springs, stated his support for Medical Marijuana Dispensaries, and the current state of the Palm Springs Caregivers, Inc. a collective. CHRIS CAUHAPE, Indio, commented on the history of drug prohibition in the United States and stated his support for Dispensaries. JOY MEREDITH, Palm Springs, stated her support for Medical Marijuana Dispensaries, commented on procedures and requested a stakeholders meeting during a Moratorium. VENIA LABEAUX, Lake Elsinore, spoke in support of Medical Marijuana Dispensaries and as an activist for Medical Marijuana. SHARON CRAIN, stated her support for Medical Marijuana Dispensaries. LINDA CHABOT LANE, Joshua Tree, stated her support for Medical Marijuana and Dispensaries. RICK PANTELE thanked the employees of the City and stated his support for Medical Marijuana Dispensaries. City Council Minutes March 29, 2006 Page 3 DON BRUHNKE, Palm Springs, stated his support for Medical Marijuana Dispensaries and his support for regulations and input from stakeholders. REBECCA BROWN, Quail Valley, stated her support for Medical Marijuana Dispensaries. JEFF SHOTWELL, Palm Springs, commented on the current Dispensary in the City of Palm Springs and the conditions to his business; requested regulations for Medical Marijuana Dispensaries. JAY BEDNAR, Palm Springs, stated his support of Medical Marijuana Dispensaries and requested regulations for the Dispensaries. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. PUBLIC HEARINGS: None. 2. CONSENT CALENDAR: None. 3. LEGISLATIVE: 3.A. PROPOSED INTERIM URGENCY ORDINANCE RELATING TO THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES: City Attorney Holland provided background information as outlined in the staff report dated March 29, 2006. Councilmember McCulloch commented on the report by the City Attorney and stated his support for the staff recommendation but requested the proposed establishment that is set to open be exempt from the Moratorium. Mayor Pro Tern Foat commented on the citizens speaking in favor of this issue and the disparity in various laws and competing interests; requested Section 8 of the Ordinance be amended to read that a Task Force be established with the stakeholders. Councilmember Pougnet stated his support for his colleagues statements and the speakers from outside the area; commented on the safety and regulations of Dispensaries. Mayor Oden thanked the speakers who provided information and testimony, commented on the current status of various regulations for Dispensaries and the use of the City name for the Dispensaries. City Council Minutes March 29, 2006 Page 4 Councilmember McCulloch requested clarification modifying the ordinance to regulate operating hours; and commented on the formation of the Sub- Committee. City Attorney Holland read amendments to the proposed ordinance Section 8(2) to read "coordinate the efforts of the Task Force in preparation of a draft ordinance regulating the location and operation of medical marijuana dispensaries consisting of a Council subcommittee, medical patients, advocates, law enforcement representatives, and other interested parties appointed by the City Manager." Mayor Oden requested clarification on the hours of operation. City Attorney Holland read amendments to Section 10 of the proposed ordinance by adding an exempted dispensary located at 2100 North Palm Canyon Drive, Suites 104 and 105B and clarifying hours of operation for exempted dispensaries. ACTION: Adopt Ordinance No. 1687, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE" amending Section 8 and 90 of the proposed ordinance and read into the record by the City Attorney. Motion Mayor Pro Tern Foat, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. 4. UNFINISHED BUSINESS: 5. NEW BUSINESS: COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested the City Manager place on the next Agenda the formation of a Homeless Task Force. Mayor Pro Tern Foat requested the City Manager place on the next agenda the appointment of a Medical Marijuana Sub-Committee of the City Council. City Council Minutes March 29, 2006 Page 6 Mayor Oden announced the activities and events attended by the Mayor's Office. Mayor Pro Tern Foat requested the meeting be adjourned in memory of Jerome Buzzard. ADJOURNMENT: The City Council adjourned at 7:50 P.M., in memory of Jerome Buzzard, to the Regular Meeting, Wednesday, April 5, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF APRIL, 2006. MAYOR ATTEST: ,Oi Clerk