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HomeMy WebLinkAbout4/7/2010 - STAFF REPORTS April 2, 2010 w City of Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 1/2 Dear City Council, I am writing this letter in opposition of the proposed suspension of my collective license. Two justifications were explained by the city staff as to why a suspension was justified. The first reason was in reference to our delay in opening and the second was in reference to our facility having plants on-site. I understand and agree that I have taken some improper steps in the Tenant Improvement process and I am working diligently to correct them. I have included within this package a copy of my signed contract with Cioffi Architects as well as a full breakdown of documents of the work completed to date. Cioffi is working hard with the city officials and has met with them several times to ensure the final submittal of plans meet their criteria. I have segued additional financing from our Landlord to ensure our ability to quickly pay for any recommended modifications. My father is working as the General Contractor and is confident that he has the ability to modify any recommended modifications to the existing tenant improvements quickly. I completely understand that my delay was in no fault the cities and that building code for this type of an operation is extremely new to the city and we are all on a learning curve. 1 want nothing more than to be in full compliance and have done everything in my power to date to ensure this. My doors to my shop have ALWAYS been open to city officials and I will continue to work alongside my architect and the city to fast track this process. I had no idea that fire sprinklers were a requirement of the city nor that the city would require a use zoning change that would them require us to submit plans for all tenant improvements. I was on my last inspection with the city when the planning department along with fire shut my facility down, explaining the site was a fire hazard. I agreed to shut down the facility immediately and hired an architect, engineer and general contractor to facilitate any necessary modifications requested by the city. My architect estimates that we will have full submittal of our plans by Thursday, April 15`h. Based on this estimate, we should have plans back to us from the city by April 29"' and should only require a week or so for the general contractor to make any required modifications of our existing Tenant Improvements. 2/2 With regards to the assistant city managers' issues with us having plants within our facility. All plants that were located within our facility were being cultivated in anticipation of us opening our doors per the requirement of the city for us to cultivate on-site. The application and approval process took much longer than any of us anticipated and thus this delay forced us to obtain Collective to Collective Agreements with other collectives in the San Diego area that asked and needed medicine for their patients. Canmahelp was then legally contracted to grow for these other collectives while we waited for the license election process to be finished. Proper Patient Recommendations that allow Cannahelp the legal right to grow plants for these patients are on record. Neither plants nor fished product were sold to any patients in the Coachella Valley since we closed our operation +/-March 2009. The police department has walked our site numerous times since our closing and has never once expressed any issues with our cultivation_ Our cultivation process did nothing more then put us further in debt and lines of credit were established and required us to subsidize our operation as we waited patiently for our permit. This cultivation trial and error was needed to ensure we had the right team of growers, methods, chemicals, strains, etc. We now have ui excellent tearn established, the best equipment and a great grow method in place to ensm-e Cannahelp has the ability to service our patients. I can assure you... it is not as easy as you may think and it has taken great effort, time and capital to get the process to where we are now. I am happy to answer any questions the council may have regarding both our on-site plants or our timing with the planning department. We want nothing more than to be in your full compliance and I fully understand that this is a whole new standard the city is setting for this type of business and I am honored to be selected as one of the two collectives. Please understand both my dreams and my great effort to get this far and do not suspend our license. I worked too hard to date and this is MY LIFE, Thank you for your consideration, Stacy Ilochanadel Owner Cannahelp, Inc. TERMS AND CONDITIONS: The Architect shall perform the services outlined in this Agreement for the stated fee arrangement ACCESS TO SITE Unless otherwise stated,the Architect will have access to the site for activities necessary for the performance of the services The Architect will take precalrtrons to minimize damage due to these activities but have not included in the fee the cost of restoration of any resulting damage LIMITATION OF LIABILITY To the fullest extent permitted by law,and not withstanding any other provision of this agreement the total liability,in the aggregate,of the Architect, and the Architect's officers,directors,partners,employees and subeonsultants,and any of them to Client and anyone claiming by or through the Client, For any and all claims losses costs or damages including attorneys fees and costs and expert witness fees and costs of any nature whatsoever or claims and expenses resultirx from or In any way related to the project or the agreement from any cause or causes shall not exceed the total compensation received by the Architect under this agreement. It is intended that this limitation of liability will apply to any and all liability or cause of action whatsoever alleged or arising, unless prohibited by Law This limitation of liability will also apply to claims made against Architect by all construction contractors and subcontractors on the project STATUTES OF LIMITATION REDUCTION All legal actions by either party against the other arising out of or in any way connected with this agreement or the services to be performed hereunder shall be barred and under no circumstances shall any legal action be initiated by either party after three(3)years from the date of substantial completion unless this agreement shall be terminated earlier,in which case the date of termination of this Agreement shall be the date on which the period wCl commence All legal causes of action between the parties to this action shall accrue,and any applicable statutes of limitation shall begin to run,not later than the date of SubStai.t•ar Completion If the act of failure complained occurs after the date of substantial completion,then the date of final completion shall be used but in no event shall any statute of limitation begin to run any later than the date Architect s services are completed CORPORATE PROTECTION: It is intended by the parties to this Agreement that the Architect's services in connection with the Project shall not subject the Architect's individual employees officers or directors to any personal legal exposure for the risks associated with this Project Therefore,and notwithstanding anything to the contrary contained herein,the Client agrees that as the Client's sole and exclusive remedy,any claim demand or suit shall be directed and/or asserted only against the Architect,a California corporation,and not against any of the Architect's individual employees,officers or directors INDEMINITY The client will defend,indemnify and hold harmless the Architect from any and all claims,suits and liability arising from the project or which,might arise in connection with the work performed by the Architect pursuant to this Agreement and which is caused by the Client's acts or omissions,including'all costs of defending said claim or suit and any amount paid in settlement or pursuant to any judgment except that the Architect agrees to be responsible for his or his employees'negligent acts or omissions and will defend,indemnify and hold harmless the Client from any and all claims,suits and liability which might rise In connections with the work performed by the Architect pursuant to this agreement and solely caused by the act or omission of the Architect,including all oasts of defending said claim or suit and any amount paid in settlement or pursuant to any judgment Should any party bnng legal action to enforce any provision of this agreement,the prevarhng party shall be entitled to recover the costs of suit and reasonable attorney's fees The Client agrees to indemnify the Architect against third party suits in which the plaintiffs damages are not caused by an error or omission of the Architect CERTIFICATE OF MERIT: The Client shall make no claim for professional negligence:either directly or by way of crass complaint against the Architect unless the Client has first provided the Architect with a written certification executed by an independent consultant currently practicing in the same discipline as the Architect and licensed in the State of California This certification shall a)contain the name and license number of the certifier,b)specify the acts or omissions that the certifier contend are not in Conformance with the Standard of care for a consultant performing professional services under similar circumstances and c)state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the standard of care This certificate shall be provided to the Architect not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim or demand for arbitration REIMBURSABLE EXPENSES: Monies paid by the Firm in the interest of the Project such as facsimile transmittals,long distance telephone calls travels and out,ofdown expenses Cost of models or renderings,fees paid for securing approvals and reproduction of documents and mail and delivery services shall be reimbursable with a 15%markup, BILLING/PAYMENTS Invoices for the Fir m's services shall be submitted,at the Architect's option,either upon completion of such services or on a monthly basis Invoices Shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days,the firm may,without waiving any claim or right against the Client,and without liability whatsoever to the Client terminate the performance of the service. Retainers shall be credited on the final invoice LATE PAYMENTS: Accounts unpaid 60 days after the invoice date may be subject to a monthly service Charge of 1,50/6 on the then unpaid balance If S%true annual rate),at the Sol discretion of the Firm. In the event any portion or all of an account remains unpaid after 90 days after billing,the Client shall pay all costs of collection including reasonable attorney's fees. TERMINATION OF SERVICES This Agreement maybe terminated by the Client or the Architect should the other fail to perform its obligations hereunder In the event of termination the Client shall pay the Architect for all services rendered to the date of termination all reimbursable expenses,and reimbursable termination expenses. OWNERSHIP OF DOCUMENTS: All documents produced by the Architect under this Agreement shall remain the property of the Architect and may not be used by the Client for any other endeav( without written consent of the Architect. APPLICABLE LAWS: Unless otherwise specified,the applicable laws oFthe State of California shall govern this Agreement INITIA INITIAL 5 // 4/2/sa I I City of palm Sprin6s City Council 3200 P.Tahqulti Canyon Way Palm Springs,CA 92262 Dear City Council, This letter is in reference to any concerns you may have regardir Cannahelp as my tenant at 605 E. Industrial place,Palm Springs,CA. I have made a commitment to Stacy Hochanadel and Cinnahe p to provide them with a Tenant Improvement AlloWance should they require any capital fur any re jlicstcO modifications to the subject site by the city of Palm Spripss. I know they are working diligently with their architect and onglnee I to finish all plans and submittals to the planning department as I am in close contact with Stacy Hachi node{as well as father(the General Contractor) and am satisiled With their efforts to date and conik ent that they will meet any and all requirements set forth by the City in regards to any Tenant Improve nents, I know Stacy has hit some bumps In the road with regards to gett ng his doors open yet I am a strong supporter of Story and Connahelp and will bib there for them from a flnanrial standpoint(if needed)to assist with any tenant Improvement modifications requested by th city. Both he and I are working well together and I look forward to assisting Stacy and the city in any ma iner necessary. Please feel free to contact me anytime regarding any questions you ay have. befit regards, Ll Michael Rlx� Landlord/Lessor 506 E.Industrial Place Palm Springs,CA (769)424.6215 L9��39tld f emu" 3DT�`cI�W 9TSTZOZ091L ART:GO�YB'66ZfPF/60 EXCLUSIONS The specific following items, but not limited to, shall be excluded from the scope of Architect's Basic Services 1 Title 24 design mechanical,electrical, plumbing civil geatechnical or fire sprinkler engineering design lighting or landscape. 2 The design or shoring, scaffolding, temporary bracing, underpinning,temporary retailing of excavations&erection methods or sequences 3 Means, methods, techniques or sequences of construction&safety precautions. 4, Unless Specifically Included,construction phase, reviewing the contractors work for accuracy or conformance to Construction documents, review of alternate designs,details or, materials, &review of contractor or subcontractor's change orders 5 Verification of site dimensions,easements,encumbrances, &any other pertinent information including but not limited to zoning& land use requirements. 6 Submissions to plan check agencies&payment of plan check or permit fees. 7 Exhaustive periodic or continuous on-Site inspection or observations to check the quality or quantity of contractor's work or far contractor's compliance with the plans or specifications Architect has no responsibility for or control over construction means, methods techniques,sequences or procedures or safely precautions&programs in connection with the work. Architect has no responsibility for any failure by the contractor to carry out the work in accordance with the contract documents&is not responsible to Insure compliance with the contract documents Architect has no responsibility for or control over any acts or omissions of the owner subcontractors or any of their agents or employees, other design professionals or any other person performing any work at the site who is not an employee of Architect ADDITIONAL SERVICES Additional services are services that shall be performed by Architect if requested by Client or Contractor. (See hourly rate chart below for fees ) Such Services shall Include, but may not necessarily be limited to 1 Additions to, or changes in Architect's design of Project caused by Client or others after commencement of construction documents including changes in architectural design, new alternate elevations, or new structures added to the project 2. Review or checking of shop drawings, (unless specifically included in the Scope of Services). COMPENSATION SCHEDULE 2009 1. ARCHITECTURAL /DESIGN RATES PRINCIPAL ARCHITECT $275 00 SENIOR PROJECT ARCHITECT $185.00 DRAFTING/TECHNICIAN $95 00 CLERICAL $50.00 2, EXPENSE REIMBURSABLES ALL NORMAL&CUSTOMARY EXPENSES(I E ,TRAVEL(INCLUDING FIELD TRAVEL), LODGING&PER DIEM) INCURRED IN CONNECTION WITH THE PERFORMANCE OR REQUESTED SERVICES SHALL BE BILLED AT ACTUAL COST PLUS FIFTEEN PERCENT MILEAGE WILL BE CHARGED AT 50 75 PER MILE. 30"x 42" STANDARD PLOTTING S13 00 /SHEET 30" x 42" HEAVIER DENSITY PLOTTING 530 00 /SHEET 30"x 42" HEAVIEST DENSITY PLOTTING $60.00 /SHEET 30"x 42" IN HOUSE COPY $2 00 /SHEET 11"x 17" COLOR PHOTO/RENDERING $5.00 !SHEET 11" x 17" BAN COPY $1,00 /SHEET 85'x 11" COLOR PHOTO/RENDERING $2 50 /SHEET 8.5"x 11" COLOR COPY $1.00 /SHEET _ 8.5' x 11" B/W COPY $0 60 /SHEET 3 EXPENSE CONSULTANTS - Title 24 design, mechanical, electrical, plumbing, civil, geotechnical or fire sprinkler engineering design, lighting, landscape or any other outside consultants will be billed at cost plus twenty percent. 5"// f1A INITIAL C ,,0ffi James Cioffi Architect A California Corporation A R c M I T E C T 2121 E Tahquitz Canyon Way.Suit 3 Palm Springs, California 92262-7021 (760) 325-1557 Fax(760)327-8214 Email james@clofflarchitectcom TRANSMITTAL Project CANNAHELP pate 03/23/10 To: CITY OF PALM SPRINGS BUILDING DEPT JOB NUMBER 1003 ADDRESS Attention JOHN SHOEMAKER Pick up= Delivery= Mail Fax= We Transmit X Herewith In Accordance with your request under separate Cover Via For: Approval Distribution Review Review&Comment Record X Use rilOther The Following X Drawings Shop Drawing Prints Specifications F71Dther _ � I Change Order � J Date Copies Description 03/23/10 3 PROPOSED TENANT IMPROVEMENT FLOOR PLANS FOR CANNAHELP FOR PRELIMINARY CONFIRMATION OF OCCUPANCY, EXITING, AND ACCESSIBILITY FROM JIM CIOFFI THIS EMAIL FAX,ENCLOSURE ARE CONFIDENTIAL&INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM THEY ARE ADDRESSED THIS MESSAGE IS CONFIDENTIAL INFORMATION NO EMPLOYEE OR AGENT IS AUTHORIZED TO CONCLUDE ANY BINDING AGREEMENT ON BEHALF OF JAMES CIOFFI ARCHITECT,A CORPORATION WITH ANOTHER PARTY BY EMAIL OR FAX WITHOUT THE EXPRESS WRITTEN CONFIRMATION BY JAMES R CIOFFI WARNING COMPUTER VIRUSES CAN BE TRANSMITTED VIA EMAIL.THE RECIPIENT SHOULD CHECK THIS EMAIL&ANY ATTACHMENTS FOR THE PRESENCES OF VIRUSES JCA ACCEPTS NO UABII_ITY FOR ANY DAMAGE CAUSED BY ANY VIRUS TRANSMITTED BY US(IF THIS IS AN EMAIL) ';HQYTRLY ACCOUNT StYMMA:R'Y" March 11, 2010 STACY HOCHANADEL CANNAHELP 505 INDUSTRIAL PLACE PALM SPRINGS, CA 92264 PREPARE AS BUILT DRAWINGS, COORDINATE BUILDING PERMIT REQUIREMENTS WITH CITY OF PALM SPRINGS, COORDINATE MEP DOCUMENTATION AS REQUIRED JOB4 1003 INVOICED PAYMENTS INVOICE AMOUNT HOURLY DATE AMOUNT CHECK# RETAINER 52,500.00 03/12/10 $2,500.00 0098905684 I I I I I TOTAL INVOICED 52.500.00 TOTAL RECEIVED $2,500.00 BALANCE $0,00 JOB 1003 STACY HOC]IANA DEL CANN All LLP Im [[] .1f .1 SF:It4]( ]iS I'll ISL 03/10/10 RM @ SITE MEETING 1-PRELIM.PROD.ANALYSIS 01A 1/]0 MTG WITH LARRY HOCEANA➢EL 1-PRELIM.PRO].ANALYSIS DESIG h4MTG WITH LARRY 130CMNADEL RE: 031I2110 COhFIRACT - 2-DESIGN➢EVELOPNUTNT 0311VIO MTG,@SITE WITH STACY&LARRYHOCHANADEL, 2-DESIGN DEVELOPMENT' - FIRE MARSHALL SCOTT VENTURA&DESIGN 03/17/10 MTO,LAYOUT - 3-CONSTRUCTION DOGS 03/19110 LAYOUT CORRECTIONS 3-CONSTRUCTION DOCS WnR/10 - MTGELECTRICAL 2-DESIGN DEVELOPMENT 03125/10 BASE SHEETS,IrITGS,CORRECTION LIST 3-CONSTRUCTION DOCS 04/01/10 DRAFTM 3-CONSTRUCTION DOCS 04/01110 MEETING @ BUILDING DEPARTMENT 3-CONSTRUCTION DOCS , t Page I of I Terry Tatum From: John Shoemaker Sent: Monday, March 29, 2010 2.41 PM To: KURT Cc: Terry Tatum; Becky Kelley Subject: RE: CannaHelp Thank you, Kurt. I appreciate all your efforts and the efforts of your staff. Have a tremendous afternoon... From: KURT lmailto:KCulver@esgil.comj Sent: Monday, March 29, 2010 11:05 AM To: John Shoemaker Subject: CannaHelp John, We have finished looking at the preliminary plans for the CannaHelp project. Here are our comments: 1,W a feel that the occupancy classification of the "Grow Area"would be Group U (not F-1). 23 he exiting seems fine. 33 here are some accessibility issues A. Next to the dispensary counter are the existing restrooms. They must be upgraded to current Title 24 provisions. B. There are two parking stalls reserved for the disabled. The southern one is situated such that people exiting their vehicle would have to pass behind the northern stall (which is prohibited), C. Strike-edge clearances must be provided for doors (since they're not labeled, we're unable to point out the problem spots, but the Man Trap area is one concern). 4.W e also noticed a large number of growing tables: If they're provided with growing lights, then the existing electrical service should be evaluated. Please contact me if you have any questions. Kurt Culver President EsGil Corporation In Purtncrshrp uat 6 Cjor cmmCnt for 4iuz(fng,'afety 9320 Chesapeake Dr,Suite 208 R(n lw F I�', , San Diego,CA 92123 858-560.1468 858.560.1576 Fax H hpn Rr�.n WWV e§g ILOQ-r21 ;l _ RE CT X SwvAK BARON &EWEYuy A T T O R N E Y S A T L A W 140MMSSLOVAK 1800 E.TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 ORANGE COUNTY OfrRCE QkvlDLDARON PHONE(760)322.2275 FAX(760)322-2107 650 TOWN CENTER DRIVE,SUITE 1400 IARCEEMPEY COSTA MESA,CALIFORNIA 926Z6 MR &CCIINEWICR PHONE(714)435-9591 FAX(714)950.9011 "HAUN M.MNRFf AIARWLOALLACHlR ikEW S CLEMMM IIAURnN F.OUINAN Ip D.01-1101RMIC GUE1,MIMtA RlL 11A(iMLENA p.ptAROWSNI OFCCUNSa MYRON FflWW RC, H NCALWEUsIIJ April 6,2010 Mayor Steve Pougnet Mayor Pro Tern hick Hutchison Councilperson Ginny Foat Councilperson Chris Mills Councilperson Lee Weigel Re: Permit far Collective Apothecary Prescription Services ("CAPS') Pursuant to Ord No. 1758 Dear Honorable Mayor and Councilpersons: The undersigned represents CAPS with respect to its efforts to obtain a permit to operate pursuant to the Medical Cooperative and Collectives Ordinance (Ord. No. 1758). As you know, CAPS was not selected as one of the original permitees under the above- referenced ordinance. It was our understanding that CAPS was one of the last finalists for the permit. At that time, I do no think there was any dispute that CAPS was, and is, a highly qualified collective and operates under the highest ethical and legal standards in order to serve its patients in the best way possible. We believe that the only reason CAPS was not selected as a permitted operator was due to the fact that it opened its business operation to serve patients for a very brieCpeiiod of time, while the City was finalizing its ordinance regulatory scheme. While this decision to open was, in hindsight, an error, the decision was made in an interest to assist patients who were in need of medicine and could not obtain it elsewhere. CAPS has always been committed to operating a completely lawful facility and one that complies with all City requirements. Indeed, there have been virtually no issues or problems with the CAPS operation with any law enforcement agency or any City official, other than the current problem of operating now without a permit and being subject to a closure action by the City. CAPS is aware of the recent building code violations and possible health and safety issues respecting one of the current permitees. While it makes no assessment on those issues, the fact remains that there is now only one collective and one operation serving the needs of medical The Mayor and City Councilpersons City of Palm Springs April 6, 2010 Page 2 marijuana patients in Palm Springs. We respectfully request that the City consider issuing a permit to another operator so that there is no monopoly for the dispensation of medical marijuana in Palm Springs, and concomitantly, an ability to raise costs to consumers, and to provide another avenue for patients to obtain their medicine as contemplated by Ord. No, 1758. CAPS serves a few thousand patients and their needs will be met by the issuance of a permit to CAPS. CAPS remains willing to comply with all of the riles and regulations of both the State of California and the City of Palm Springs with respect to its operation and seeks to amicably resolve the abatement of nuisance lawsuit being pursued by the City against CAPS. We are prepared to meet with the City and meet whatever requirements are necessary to become a lawful operator in the City of Palm Springs and to circumvent the need for any further litigation. CAPS believes it is the most qualified and compliant operator in the City and hopes that the City will reconsider its current status. We are ready, able and willing to meet with the City to discuss resolution of all these issues in a fziendly and cooperative manner. Sincerely, LLP - -' -------DAVID-L--BARON---- -- - -- — ALB:er c: CAPS City Manager, City of palm Springs City Attorney, City of Palm Springs 0 lLitigation Dept1CAP$1 M�Ciry 4 6.I0.doc Page 1 of 2 Jay Thompson From: Ginny Foat Sent: Tuesday, March 30, 2010 10:54 AM To: Steve Pougnet; Rick Hutcheson; Chris Mills, Lee Weigel; David Ready; Douglas G. Holland; Jay Thompson Subject: FW: to the Mayor and City counsel of Palm Springs Importance: High Hi John, Please forward this email to Mayor,city council members, david ready and doug Holland and jay Thompson. Thanks From: BODISTVA99@aol.com [mailto:B0D1STVA99@aol.com] Sent: Tuesday, March 30, 2010 9:53 AM To: gfinla@msn.com Subject: to the Mayor and City counsel of Palm Springs 3 -30 -10 Dear Honorable Mayor and Palm Springs City Counsel, I am writing you as I fulfill a last request of my wife "JOY Bork" --who died the 1st day of Spring from Uterine cancer. All of you have known "Joy" as the daughter of Sam/Jean Bork of Sam Bork Shoes. She was born and raised here in Palm Springs. A respected community member ,a huge philanthropist to many valley charities all her life,an extraordinary business woman . She was someone who quietly but consistently enhanced our community. Even supporting all your political campaigns with her check book and her influence. Until Joy learned she had Stage 4 B Uterine Cancer in January she was very healthy and took no drugs other than vitamins. As a result of the pain of her surgery and the cancer spreading rapidly in her ,she prescribed a handful of narcotic pain medications. Her cancer specialists recommended Medical cannabis, so we got a permit and she tried it and It gave her amazing 3/30/2010 Page 2 of results--improving her mood,appetite and reduced her need for additional narcotics . She used the Cannabis daily in moderation and became a proponent of it's benefits. Although she had hoped to meet and tell you her story in person,her time ran out. She asked me to write you and tell you of her story--and remind you "any of us or our family members could fall victim to illness or disease,at any time." Having Medical Cannabis clinics here in Palm Springs like C.A.P.S. and Canna Help -is a vital community asset. She wanted to encourage you to always consider JOY and the hundreds of others that have positive results--that have added "quality of life" by using Medical Cannabis.She had no agenda --nothing to gain in sending this letter. Joy wanted you to hear from her, because you all knew her and trust her integrity. She wanted to send you this message to make you think -and say "goodbye " to you all. She loved Palm Springs and will forever be part of it's rainbow of characters. sincerely Stuart Warren (Joy's husband) 3/30/2010 riEr�r. ; _ 04-06-10 ZC; Dear council menib,epsJzembers of the press and patients in attendance: My name is Jim Camper, owner of Organic Solutions of the Desert, due to the recent turn of events regarding the possible suspension of the license issued to Cannahelp I am here to ask the council to reconsider my application and be allowed to be considered for the 2nd license if rescinded from Cannahelp. I am requesting the council allow me to complete my original application, which I was not permitted to do. I was mistakenly accused of operating my collective without a license from Oct 31th till the present,for which I was served papers indicating I was being sued far operating without a license. This case has now been dropped due to what I believe was a misunderstanding. At the time of Dec 2nd council meeting, I was eliminated from the application process and not allowed to complete the necessary paperwork required by Dec 8m. I leased a building for almost l year, but never opened. I had no phones,computers,cash register or security system in place. I request the city council allow me to complete my application as a sign of good faith and be given the chance to obtain the 2nd license. I have watched over the past year the city council make concessions for different collectives based on realistic expectations or short comings of the ordinance. For example the distance from churches reduced 50 feet, or the last minute changing of an address is allowed. In light of the fact I spent substantial funds I was eliminated from the application April 4, 2010 ADDITIONAL MATERIAL Item No. 4.13. process. In all fairness, to my store and the integrity of the city, I believe it would be fair to allow me complete the application and be considered for the 2':d license if it becomes available. . My shop was in total compliance with state guidelines and the city ordinance but due to misunderstanding over the address, I was told I had been eliminated from the process and could not complete necessary papers required by council by dec Sty'. Instead, I was obligated to hire an attorney to defend myself against the claim I was operating illegally, which was not true and dropped by the city. I still have access to the location at 560 Williams Rd and support of the landlord I ask only for the council to consider allowing O.S.D. the chance it deserves. I want to thank the council for hearing me and commend them on the hard job they faced. I Hope we can resolve this matter to the satisfaction to all parties involved and get on with providing the best patient care possible. I also want to request that this matter is placed on city council agenda for discussion. Thank You Jim Camper Director: Organic Solutions of the Desert MAh-1'(-GU1U UFJ:4:i WVV17HUk'Y' .S•YNAULIN & SMAH'1' '!14 83b '('fl3'! Y.UUS CIV-11a ATMpR ORPAr wrfHOVTATTORNEY(Nmmr,Sarrarropm�.envedm 4: aza Ammertaatt, Esq, SEN 239102 FOR CDIRiTUSEDNLY WOODRUFF, SPRADLIN & SMART sus A:riton120 BoulevardFILE D Suite 1200 Costa Mesa, CA 92626-7670 TLLEPNONENOJ (714) 558-7000 rA:Np (ppry'pnpJ• (714) $35-7787 03/18/2010 EMAIL ADDRESS baMMerlltatk@ WS s-laW.CPtfr ATTORNe FdaiN.mn: CITY OF PALM SPRINGS E. LABARBERA SUPERIOR COURT OF CALIFORNIA,COUNTY OF RIVERSIDE superior Court of California sT=7A➢DREr,s:46-200 Oasis Street: County of Riverside -i iLINGADUKM crrr AWLPCDDCTndio, California 92201 artANammom Indio Court PLAINTIFFIPETITIONER: CITY OF PALM SP71yes, a Municipal Corporation DEFENL)ANT(RESPONDENT: ORGANIC SOLUTIONS OF THE DESERT, et al. REQUEST FOR OISMIS$AL CASE NUMa OPersonal Injury,property Damage,or Wrongful Death INC 10000630 0 Motor,Vehlole [ LothrrAbatement of Public Nuisance =Family Lew 0 Eminent Domain Other(s fy)_ ' -A conformed Copyviilll not be retu mod by the clerk unlaes a mothod of return is provided with the documea- t.TO TH (C,ERK: Please dismiss fbiq action as follows: e, (1) With prejudice (2) Cltj Without prejudice b, (1) ©Complaint (2) © Petition _ (3) Crosscemplaintlied by(name): on(date): (4) Crosscemplaint filed by(name): on fdaie}: (5) []X Entire action of all parties and all causes of action (a) =Other(specify)' 2, (Complete in all cases except family law cases.) Court fees and Costs were waived for a parry in this case. (This information may be obtained from the clerk.If this box is che4ked,the dealam or)on 6e back oFWs form must be completed). Dste:March 16, -2010 Ben Atamesman,• 'Egq,, ,SSN P391.02 (rmeORMIWr COF • niATTpRNEr = pARTrw"o,,,AT,m" Attorney or party withoutatiomeyforCity Of Palm V.dlemiscar requesmd is or spgdned'iar keA ony or specified causes Or aa0an Springs ^ only,or or spaoifad oresd.conrpleina only, do State and Iden9fy the iiealr, © PlairiMpotltioner I 1 Defendant/Respondent 1;111Jso1;or areop,or Dr Wffidaimc Waadiemiurd. u Cyross_complainant 3.TO THE CLERK:Consent to the above dismissal Is hereby given.'' Dale: (rYPEoRPRINTWMEOF ATromer © PARrYwrrHDUTArrooem] Attorney or party without attorneyey for. « )( a vase-corapiainl W or Radpvlae iFamlly li* aealdna ammiaNm taller-is on fie,lheadGrngyferixpl,� p,;Wnanitnsalwndarpnwat Plaintiff/Petitioner U DefendantlRespondent elgn Nils wnsentdrequired by CadeorCMl Promlm seWOn 6sl(i) or W. Cross-complainant (,a be completed by cerk) 4. ©Dismissal entered as requested on(date):3/1 l3/10 5, 0 Dismissal entered on(date): as to only(name): 6, Dismissal notentered as requested for the following reasons(specify); 7. a- L�2 Attorney or party Mout attorney notified on(date}, b. =Attorney or party without aftome not notified. Fling party failed to provide Q a copy to be conformed 11 means to rotum CCnfprmed Copy Date:3/1 t3/10 Clerk.by�_,�,� ,Depmy 102 FormAWPlWWMweaaryrw REQUEST FOR DISMISSAL cra.xOi.a rrrwadw.li Ss otc ; JW1Qg1 Co=110rcaiPomle $` Gw•Godr,$eak7(c);Cal-RYWeWC4utRM d.�dao MVAnDCR JUy+,2009I IL `4 $ TOTAL P,003 02-19-10 My name is James Camper, director of Organic Solutions of the Desert, I was I of 11 applicants who applied for the 2 licenses the city was going to issue. I leased the building Nov. I". but due to some changes in the building, rent officially started on the 7`h of month of Nov. They divided the building to allow 2 separate businesses to operate without interfering with each other. When Ileased the building part of the lease agreement was I could not open unless all city licenses were obtained and shown to landlord. At first my business sat empty for several months. It was necessary to have a physical address to apply for a license and I wanted to be sure that we were in complete compliance. I never put any phones in shop because I didn't want to spend money until l got the license and only went to check mail from time to time. There was no computer, no cash register, no security system, only furniture. Attached I have provided a few photos showing you how the 2 stores appear as of 12-4 or I2/5. On or about the 12 of September I came to landlord and told him I was lasing faith in the process. The last time I paid rent was about 10}h of July. He used security deposit for August rent at which time when rent was due again I told him I could not afford paying rent while the city took its time. So we agreed that I could re-rent /lease ifI obtained a license from the city. On 12-02-09 city council meet and I was told I was eliminated from any chance of obtaining a license. On or about December 4rh or.5'4 I removed everything from 560S Williams rd. I did not open my store at any time during my lease, although I was in total compliance with A.G. state guidelines and to open without a license would be illegal and grounds for refusal in obtaining a license. That would be illogical considering you pay $7500 to apply, by opening you'd be eliminated When I first leased building, landlord was very clear about my shop being totally legal having all necessary paperwork and not to open without them, which I never did. There is approx 5 or 6 employees who work for his business who will attest to my not being open and seldom even saw me their. I feel a big part of this misunderstanding is a result of our oversight when lease signed. If labeled as 560 S Williams rd unit I am/2 or A and B maybe it'd be more clear but both are listed as 560 S Williams RD. The business Homeco HBC, INC is still open and operating Monday-Friday 8-5,at this address but has no other affiliation with Organic Solutions in any way other than as our previous landlord Organic Solutions is closed and stopped paying rent in Aug and completely vacated building in I"'week of December. I hope we can correct this misunderstanding and avoid costly court fees based on misunderstanding. The 1 time the police did come by I was told by receptionist of Courdands business, they came to them first since that appears to be front door, they were told my entrance was around the corner where they found I was closed I believe if the city took 15 minutes to see for themselves this problem could be eliminated. Also Rick Lyons from planning commission was at shop to check on lighting and parking in July and was shown complete collective was empty and not operating. On 2 occassions, at a time I was listed as X of top 4 in contention for a getting a license I had flyers printed I'd be open soon but realized it wasn't a smart move considering time and money I had invested, I refrained from opening which was hard as a lot of collectives were operating and I was losing money, but I knew by opening I would never get choosers. I am now broke and although I did everything by the book legally, I have still been grouped in with all the collectives that were operating I think almost ever collective in the city knows I wasn't operating, I fail to understand why the city has targeted by business by falsely accusing me of operating illegally, ruining my business and reputation. I was told yesterday 02-22 there is a ramorI am now running. the collective located behind Walmart. Jim CAMPER Director Organic Solutions 760-766-5076 HOMECO HBC, INC. 560 Williams Rd Palm Springs, CA 92264 Tel (760) 322-0166 Fax (760) 322-1914 General Contractor*xd ioensed&Bonded February 18,2010 Re: summons notice to defendant not yet served on Courdand holdings LLC 1. Courtland Holdings LLC is the legal owner of property located at 360 WiIE=s Rd.which was acquired from Allan S. Reichle on November 30, 2006. Allen S. Reichle is a holder of a promissory note with Deed of Trust and has no further interest in the property. 2. Courtland Holdings LLC (lesser) had a lease agreement with Jim.Catiaper(lessee) beginning November 1,2008 and terminating September 1, 2009 whereby Jim Camper could use a portiop of the available space at 560 Williams Rd (approximately 1200 SF) for general business with no representation as to the suitability of the premises for the.conduct of lessee's business and prohibits lessee specifically from conducting product distribution or any other form of bus less L-Om tic premises without approval T1om all governing agencies and municipalities (see lease attached). 3. Courtland holding LLC's managing member occupies the property along with Homeco HBC INC. a restoration company licensed by the City of'Pairn springs continuously since Dec 1, 2007. 4. At no time has it been observed by myself or the employees of Homeco HBC INC, that Jim,Camper conducted any business at anytime, or more specifically operation of a marijuana dispensary or distribution of marijuana in any manner what so ever. In fact he continued to reassure me that it would be counterproductive to his chances of getting the license from the City if he were to "open"as his competitors were doing, and I continued to reassure him that holding this location was predicated on not violating our lease agreement requiring him to wait for City approval. He diligently paid the monthly rent and attended the council meetings always hopeful that he would be awarded one of the two sites allowed to operate. The city sent a member of their planning department to the property to walk the premises and determine if it was potentially acceptable. Jim Camper said it went well and the Desert Sun News Paper included 560 Williams as one of the locations being considered. I view this legal action by the City as a tragic irony. Jim Camper told me he was following the "letter of the Lave'so he could remain eligible to receive a City license. All the while diligently paying his rent to keep the location that be believed the City would accept: 5, The Pahn Springs Police have on numerous occasions asked various employees of Homeco the restoration company if"they"were open and didn't seem to understand that Homeco was not a marijuana dispensary. It was explained'tb the police that the dispensary was not open but its location was next door. Jim Camper would put up signs on his door that he was sorry but he could not open until the City approved the license. I believe the Police see Homeco ABC INC open for business and assume it is the dispensary because of the address. Enclosures: Photos, Homeco business Iicense, lease agreement (aH pertsiting to 560 Williams rd) r EXHIBIT "A" RULES & REGULATIONS 1. Smoking Piokibited. Smoking of cigarettes, cigars,pipes, or other smoking devices or materials is prohibited in every part of the property. Smoking is prohibited in all parts of the building including, but not limited to, hallways, restrooms, private offices, storage areas, reception areas, elevators, etc. In addition, smoking is prohibited within twenty (20)feet of any building or structure. 2. Parking Limitations. Parking on the premises is for customers, clients, patients, and the employees of businesses and professions m the property during the tithe they are visiting or working at those businesses and professions. All vehicles parked on the property must be currently licensed and registered, and must be operational and in good repair. No vehicle may be parked overnight. No vehicles may be parked in areas designated "handicap parking" unless they display appropriate authorization. 3. Other Resii ietious. r BSSEp ,r ill not conduct product distribution or my other fo, of-',6usizess ash the p:ezr ises v-itlIoaz epproval ,rom all governing agencies and riurzicipalaties, and QJl Yoquired having been submitted to LESSOR, 17 Initials: Exhibit"A" Rules and Regulations Addendum to Item#3(Other Restrictions) Lessee will hold harmless the Lessonfrom any and all conflicts as to the legal rights of Lessee to operate a marijuana distribution business and further agrees that this lease agreement may be terminated without notice if Lessors premises or other tenants and their businesses are directly or indirectly negatively affected due to any Federal;State,or local regulations, rules or laws that use such negative effects. Lessee further agrees that any funds held by Lessor at the time oftermination whether they are rents or security deposits may be used by Lessor to pay any costs such as penalties,fees,or prdperty'damage as a result of Lessee's disturbance or other disruption by regulatory authorities to these premises. Lessee and Lessor fully understands the potential forthe above described negative a.'ff@as due to .conflicts between Federal,State,and Local Authorities as to the legality of said marijuana distribution centers,and this addendum supersedes all prior approval Lessee may have been given to operate said business.. V� v� LA V- NOTIICEbF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 09-002 MEDICAL CANNABIS , � ORGANIC SOLUTIONS OF THE DESERT 5 'VVECI) VS AD NOTICE IS HEREBY GI. N that the City Cot of the City o "alm Springs, California, will hold a public hearing at i s meeting of Decem , 2009. The Cit Council meeting begins at 6:00 p.m. in the Council C tuber at City Hall, East Tahquitz C nyon Way, palm Springs, The purpose of the hearing is to ider 11 cations edical.Cannabis Collectives or Cooperatives in the City. One of the applica was filed by Organic Solutions of the'I7esert for a Medical Cannabis Cooperative located at 560 South Williams Road, Zoned M1. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15303, Class 3 of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at City Mall between"the hours of 8:00 a.m. and 6:00 p.m. Monday through Thursday, Please confact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these dooume-Ms COiU,MiVf-HT CAN TH )' A�PFUCA"V" ON Response to this notice may be made v& baily at the Public Hearing and/or in writing before die hearing Written comments may be made to the City, Council by lever (for mail or hand delivery) "to. James Thompson City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing, (Government Code Section 65009[b][21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Craig A Ewing, AICP, Director of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. t James Thompson, City Clerk /rY. Vv } Y 11/21/09 � . To all patients: Please except my apology.to all patients who , received flyers stating we were open. They were not 'J�, suppose to be distributed until the Palm Springs city council selects the 2 collective who will-be given a license to operate, we are optimistic of our chances but want to be prepared. Dec 2�d the city council will make their selections. We can pre-enroll you if you call for appointment but no meds are available as of this time and will remain that way until selected to 1� receh e a. license or if dej.-liiod we -will be forced to 4iE c�ose dovY`C�1 the coflectT1ve. � �„ IC7���1'�ii��fJ'gli�� ��r 'viJastiliiIg your time clue to mix up with flyers, but we are still do t7g -W IIaf 711v ' Carl to pr epolir n the shoio to open i %,,Tve _)1V are issued a license to operate. The citv estimates each of the 2 new collectives issued a license will have 3 to 4000 patients as members which will be total kaos so anything we can do now in the event we get one of the licenses will expedite our o ep ning; We estimate if granted a license our opening date will be Dec, 1 Oh. Thanks for your understanding on this yga confusing matter. 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JlfFl AlIdITIIO;NAL TEMS./�FF.�y(� if 6ags78oxas Sofa 0..Y BEHALF AR IRE DOAND OF DIRECTORS A4D STAFF USE ONLY --.� I'' ESPECfALLY ShE CILLORER 0'ANGEL VF-_W CRIPPLED Sleeper DHLOAa]'S FDWYDAT189, PLEASE ACCEPT OUR SBICERE THAIIKS FOR Mfl DONATION 01'THE ITEMS L48TED HEAEE4 couuENTs (Tehl ALL ITEWS REUJJED AS DOMEONS ARE USED FOR THE DATE REOD TEI 5l)re0 CKF OREA IN OUR XIOGRAMS OR SOLD 1R ONE Of OUR TWFT DARTS.IF TNEY ARE SDLD IA A RHIFT AAY,, STORE Mattress T F Q K FREE REVENUE PRVOES MACH NEEEO RINDS 94741CR ENABLE US TO IMPROVE M RO'AND OUR Appliance R W ❑ REHAIMMION S€MICES FOR THE MLOREII"SO STORE EMPLOYEE BADLYNFEDTHEM. DrapesfUnen " DRIVERS SIGNATL RED �- _ _ R('U �-.. NOR.T, INDIAN C TE% �CNi-sPRINGs, CA.92262 (760)322-2440 RETAIN FORT CORDS WHITE-OFFICE TAX ID#95-1 CANARY-DONOR