HomeMy WebLinkAbout2010-02-03 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, FEBRUARY 3, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed February 2010, as Black History Month
in the City of Palm Springs.
Mayor Pougnet provided an update and/or announced the fallowing events and
activities in the City of Palm Springs: Animal Shelter Donation from Stater Brothers
Market, Asan City South Korea delegation, Integrated Wealth Management Ribbon
Cutting, Hyatt Hotel Ribbon Cutting, Airport Achievement of Excellence Awards,
California Redevelopment Association Award to the Community Redevelopment
Agency, and the upcoming State of the City Address.
Macias, Gini & O'Connell, City Auditors, presented the City Council the Fiscal Year
2008-09 Audit Report.
Councilmember Mills provided an update on the recent Census Office Ribbon Cutting,
and provided an update on Census 2010.
REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m., and
City Attorney Holland requested the City Council consider adding one Item to the
Closed Session Agenda pursuant to Government Code Section 54956.8, Conference
with Real Property Negotiator for the property described as El Dorado Palms Estates,
City Council Minutes
February 3, 2010
Page 2
Negotiating Parties El Dorado Palm Springs Ltd., City Negotiator, David Ready, City
Manager or Designee, to discuss price and terms of purchase. City Attorney Holland
stated information regarding the property was received after the posting of the Agenda,
and there is an immediate need to hear and/or take action on the Item.
ACTION: 1) Make the finding that the Item came to the attention of the City after the
posting of Agenda, and there is an immediate need to hear and/or take action on the
Item; and 2) Add the following Item to the Closed Session Agenda: Government Code
Section 54956.8, Conference with Real Property Negotiator for the property described
as El Dorado Palms Estates, Negotiating Parties El Dorado Palm Springs Ltd., City
Negotiator, David Ready, City Manager or Designee, to discuss price and terms of
purchase. Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried (5-0).
City Attorney Holland stated that the City Council recessed into Closed Session to
discuss Items on the posted Closed Session Agenda. City Attorney Holland reported the
City Council provided direction to the City Attorney on the Property Negotiations with El
Dorado Palm Springs Ltd., otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council delete the extension of the Subdivision
Improvement Agreement with Palomino TTM 33577, on Item 2.J.
Councilmember Foat requested Item 2.J. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills stated he has a business related conflict of interest with respect to
Consent Calendar Item 2.J., and would not participate in the discussion or the vote.
Mayor Pro Tern Hutcheson requested Item 21. be removed from the Consent Calendar
for separate discussion.
Councilmember Weigel stated he has a property related conflict of interest with respect
to the Alta Subdivision Improvement Agreement on Item 2.J. and would abstain on that
extension.
Mayor Pougnet requested Item 2.17. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Foat and unanimously carried on a roll call vote.
City Council Minutes
February 3, 2010
Page 3
1. PUBLIC HEARINGS:
I.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM
LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC
DISTRICT (CASE HSPB 73 / HD 2):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated February 3, 2010.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
BILL LEWALLEN, Representing Royal Hawaiian Estates, discussed the
background information as outlined in the Historic Designation Application,
and requested the City Council establish the Historical District for the
Royal Hawaiian Estates Condominiums.
RON MARSHALL, Palm Springs, stated the project has strong owner and
community support, and requested the City Council support the approval
of the Historic District.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tom Hutcheson stated this is a great example of historic
preservation in the City of Palm Springs, and noted the owner and
community support of the designation.
Councilmember Foat commented on the achievements of Bill Lewallen
toward the designation, and announced the upcoming Modernism Week
event.
Mayor Pougnet commented on the success story of this designation, and
the support of the community.
ACTION: Adopt Resolution No. 22657, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING HISTORIC DISTRICT NO. 2, AT THE ROYAL
HAWAIIAN ESTATES CONDOMINIUMS LOCATED AT 1774 SOUTH
PALM CANYON DRIVE." Motion Councilmember Foat, seconded by
Mayor Pro Tom Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro
Tem Hutcheson, and Mayor Pougnet.
NOES: Councilmember Mills.
City Council Minutes
February 3, 2010
Page 4
I.B. DESIGNATION OF THE SINGLE FAMILY DWELLING AT 1070 EAST
APACHE ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 74).
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated February 3, 2010.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
CHRIS MENROD, Applicant, outlined the background information as
detailed in the application, and requested the City Council approve the
historic designation.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Hutcheson noted the unanimous support of the Historic
Site Preservation Board, the support of the owner and the community, and
noted his support for the designation.
Councilmember Mills commented on modifications to the home which
were sensitive to the original architecture and stated his support for the
designation.
ACTION: Adopt Resolution No. 22658, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE SINGLE FAMILY DWELLING AT 1070 EAST
APACHE ROAD, A CLASS ONE HISTORIC SITE." Motion Mayor Pro
Tern Hutcheson, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
PUBLIC COMMENT:
DR. MARION SHERMAN, Palm Springs, thanked the City Council for supporting
medical cannabis, and requested the City Council take action on the selection of
cooperatives.
DON DUNCAN, provided background information on Desert Organic Solutions
Cooperative as outlined in the application, and requested the City Council select Desert
Organic Solutions as a cooperative in Palm Springs.
TREV TREVINO, Palm Springs, provided background information on his use of medical
cannabis, and requested the City Council support Desert Valley Patients Association.
FRED KISER, Palm Springs, requested the City Council approve the Conditional Use
Permit for Desert Organic Solutions.
City Council Minutes
February 3, 2010
Page 5
MICHAEL STERN, noted the upcoming KCET airing a documentary of the Julius
Shulman exhibition at the Palm Springs Art Museum.
VICTORIA BECERRA, stated her support for medical cannabis and requested the City
Council support Desert Valley Patients Association.
LARRY NIELSEN, commented on medical cannabis cooperatives that remained
opened, and requested the City Council take action.
LYNDA SAMEN, requested the City Council approve Desert Valley Patients
Association.
LEE MORE, requested the City Council select CAPS as a medical cannabis provider in
the City of Palm Springs, and stated some of the statements in the staff report towards
CAPS were unfair.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: City Manager Ready requested City Engineer David
Barakian provide an update on the recent flooding in Palm Springs, and the change of
numbering to Highway 111 off Interstate 10.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.K., 2.M.,
2.N., and 2.P. Motion Mayor Pro Tom Hutcheson, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the February 3, 2010,
City Council Agenda. Approved as part of the Consent Calendar,
2.8, APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 13, 2010, and the
City Council/Community Redevelopment Agency Minutes of January 20,
2010- Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22659, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1039753 THROUGH 1039851, IN THE AGGREGATE
AMOUNT OF $307,227.88, DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 22660, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1039852 THROUGH 1039928, IN THE AGGREGATE AMOUNT OF
City Council Minutes
February 3, 2010
Page 6
$787,919.86, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No.
22661, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 01-09-10 BY WARRANTS
NUMBERED 415340 THROUGH 415380 TOTALING $100,467.59,
LIABILITY CHECKS NUMBERED 1039929 THROUGH 1039949
TOTALING $138,810.00, FIVE WIRE TRANSFERS FOR $53,219.88,
AND THREE ELECTRONIC ACH DEBITS OF $1,080,992.63, IN THE
AGGREGATE AMOUNT OF $1,373,490.10, DRAWN ON BANK OF
AMERICA;" and 4) Adopt Resolution No. 22662, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1039950 THROUGH 1040123, IN THE AGGREGATE
AMOUNT OF $451,835.08, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1767, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL.
CODE FOR THE PURPOSE OF AMENDING APPENDIX J "GRADING'
OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE TO
CLARIFY GRADING DESIGNATIONS AND GRADING
REQUIREMENTS:
ACTION: Waive further reading and adopt Ordinance No. 1767, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL
CODE FOR THE PURPOSE OF AMENDING APPENDIX J "GRADING"
OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE TO
CLARIFY GRADING DESIGNATIONS AND GRADING
REQUIREMENTS." Approved as part of the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1768, AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE
FOR THE PURPOSE OF ESTABLISHING ON-SITE STORMWATER
RETENTION REQUIREMENTS FOR NEW DEVELOPMENTS:
ACTION: Waive further reading and adopt Ordinance No. 1768, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 8.70.100 OF THE PALM SPRINGS MUNICIPAL
CODE FOR THE PURPOSE OF ESTABLISHING ON-SITE
STORMWATER RETENTION REQUIREMENTS." Approved as part of
the Consent Calendar.
2.G. ACCEPT THE RESIGNATION OF DOUG JOHNSON FROM THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION AS THE
REPRESENTATIVE FOR THE CITY OF RANCHO MIRAGE:
ACTION: 1) Accept with regret the resignation of Doug Johnson from the
Palm Springs International Airport Commission as the representative for
City Council Minutes
February 3, 2010
Page 7
the City of Rancho Mirage; 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2011. Approved as part
of the Consent Calendar.
2.H. RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER,
WINE, AND DISTILLED SPIRITS FOR MARK P. GREEN AT 224
NORTH PALM CANYON DRIVE (CASE 5.1233-PCN):
ACTION: Adopt Resolution No. 22663, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED
SPIRITS (ABC TYPE 48 LICENSE) FOR THE PROPERTY LOCATED AT
224 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15."
Approved as part of the Consent Calendar.
2.1. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST
OPERATING SERVICES, INC., FOR A FATS, OILS AND GREASE
("FOG") AVAILABILITY ASSESSMENT STUDY:
ACTION: Authorize the Director of Public Works/City Engineer to issue a
Notice to Proceed for Veolia West Operating Services, Inc., in the amount
of $25,691.58 for the preparation of a Fats, Oils and Grease ("FOG")
Availability Assessment Study, Approved as part of the Consent
Calendar.
2.K. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2009;
ACTION: Receive and file the Treasurer's Investment Report as of
December 31, 2009. Approved as part of the Consent Calendar.
2.M. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON AT
THE SOUTHWEST CORNER OF VISTA CHINO AND GENE AUTRY
TRAIL:
ACTION: 1) Approve a grant of "Anchor Easement" to Southern California
Edison across the northerly 7.00 feet of the City's property located at the
southwest corner of Vista Chino and Gene Autry Trail (APN 677-250-062);
and 2) Authorize the City Manager to execute all necessary documents.
A5938. Approved as part of the Consent Calendar,
2.N. FISCAL YEAR 2008-09 AUDIT REPORTS:
ACTION: Receive and file the Fiscal Year 2008-09 Audit Reports.
Approved as part of the Consent Calendar.
2.0. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO REVIEW
AND STUDY PROPOSED MODIFICATIONS TO THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT;
ACTION: Appoint Mayor Pro Tern Hutcheson and Councilmember Mills to
a City Council Subcommittee to review and study proposed modifications
City Council Minutes
February 3, 2010
Page 8
to the Palm Springs Business Improvement District. Approved as part of
the Consent Calendar.
2.P. PURCHASE OF A NEW 24 FOOT TRAILER FROM MIGHTY MOVERS
TRAILERS, INC., FOR DRIVING UNDER THE INFLUENCE (DUI)
SAFETY AND EDUCATION PROGRAM, IN THE AMOUNT OF
$32,261.87:
ACTION: Approve the purchase of one new 2010 24 foot tandem axle
enclosed trailer with a road signage package, power generator, and
auxiliary lighting package as specified in Invitation for Bid No. 10-03, from
Mighty Movers Trailers, Inc., for DUI Safety and Education, in the amount
of $32,261.87. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. ACCEPT THE RESIGNATION OF DESERT HOT SPRINGS MAYOR YVONNE
PARKS FROM THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION AS THE REPRESENTATIVE FOR THE CITY OF DESERT HOT
SPRINGS:
Mayor Pougnet thanked Mayor Parks for her service on the Airport Commission,
and requested the City Clerk place an appointment on the next agenda.
ACTION: 1) Accept with regret the resignation of Desert Hot Springs Mayor
Yvonne Parks from the Palm Springs International Airport Commission as the
representative for the City of Desert Hot Springs; 2) Direct the City Clerk to post
a Notice of Vacancy for the unexpired term ending June 30, 2011. Motion Mayor
Pougnet, seconded by Councilmember Foat and unanimously carried on a
roll call vote.
Councilmember Mills stated he has business related conflict of interest with respect to
Item 2.J., he would not participate in the discussion and the vote, and left Council
Chamber.
2.J. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT
AGREEMENTS FOR VARIOUS PROJECTS:
Councilmember Foat requested staff address the possibility of requiring
maintenance of the properties and/or conditions, prior to the City Council
extension of the Agreements.
Councilmember Weigel noted his property related abstention on Alta Subdivision
Improvement Agreement.
ACTION: Adopt Resolution No. 22664, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
City Council Minutes
February 3, 2010
Page 9
TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT
AGREEMENTS," Motion Mayor Pro Tern Hutcheson, seconded by
Councilmember Weigel and unanimously carried (4-0) on a roll call vote,
noting the abstention of Councilmember Weigel on the Alta Agreement for
Tract Map 30050 and the absence of Councilmember Mills.
A4743, Tract Map 27680, Las Palmas Heights.
A4955, Tract Map 30050, Alta.
A5105, Tract Map 32160, Enclave.
A5131, Tract Map 30046, Monte Sereno.
A5086, A5087, A5088, A5089, Tract Maps 32233-1, 2, 3 and 4, Escena.
A5276, Tract Map 32675, Alexander Country Club Estates.
A5246, Tract Map 33561, Palermo.
A5516, Tract Map 33162, Pedregal.
A5080, Tract Map 30058, Four Seasons II.
A5393, Tract Map 31848-1, Avalon.
A5426, Tract Map 32732, Oceo.
A5324, Tract Map 33933, Murano.
A5496, Tract Map 34933, Cocotero.
A4814, Tract Map 28966, Preserve Estates.
A5155, Tract Map 31514, Luminaire.
A5439, Tract Map 31525, Four Seasons III.
A5872, Tract Map 35999, Prescott Place.
A5436, Tract Map 33161, Vista San Jacinto.
A5291, Tract Map 33542, Tangerine.
A5614, Tract Map 32378, Macrina.
Councilmember Mills returned to the dais.
2.L. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. G67, WITH
THE STATE OF CALIFORNIA FOR USE OF SAFE ROUTES TO SCHOOL
(SR2S) STATE FUNDS FOR THE SAFE ROUTES TO SCHOOL CYCLE 8
PROJECT, CP 09-07, STATE PROJECT NO. SR2SL-5282 (036):
Mayor Pro Tem Hutcheson noted the benefits to the City and the scarcity of the
grants awarded, and thanked staff for their diligence with the grant process.
ACTION: 1) Adopt Resolution No. 22665, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. G67 TO ADMINISTERING
AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO.
00164S WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $388,800
($349,920 STATE FUNDS / $38,880 LOCAL FUNDS), FOR THE SAFE
ROUTES TO SCHOOL CYCLE 8 PROJECT, CP 09-07, STATE PROJECT NO.
SR2SL-5282 (036)," and 2) Authorize the City Manager to execute all necessary
City Council Minutes
February 3, 2010
Page 10
documents. A570$. Motion Councilmember Foat, seconded by Mayor Pro
Tern Hutcheson and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1766, ZONING CODE AMENDMENT RELATED TO THE
STANDARDS AND REGULATIONS OF MEDICAL CANNABIS
COLLECTIVES AND COOPERATIVES AND CONSIDERATION OF AN
INTERIM URGENCY ORDINANCE:
City Attorney Holland provided background information as outlined in the
staff report dated February 3, 2010.
ACTION: Waive further reading and adopt Ordinance No. 1766, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTIONS 93.22.00.0 AND 9322.00.E OF, AND
REPEALING PARAGRAPH 6 OF SUBSECTION 9322.00.H OF, THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO APPROVAL OF
ADMINISTRATIVE MODIFICATIONS TO CERTAIN STANDARDS AND
REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES."
Motion Councilmember Foat, seconded by Councilmember Mills and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: Councilmember Weigel.
ACTION: Waive further reading and adopt Ordinance No. 1769, "AN
INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.0 AND 93.22.00.E
OF, AND REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
APPROVAL OF ADMINISTRATIVE MODIFICATIONS TO CERTAIN
STANDARDS AND REGULATIONS FOR MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE
M-1 AND M-2 ZONES, TO ALLEVIATE A CURRENT AND ACTUAL
THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE." Motion
Mayor Pro Torn Hutcheson, seconded by Councilmember Foat and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: Councilmember Weigel.
City Council Minutes
February 3, 2010
Page 11
4. UNFINISHED BUSINESS:
4.A. REVIEW AND EVALUATION OF FOUR APPLICATIONS FOR
POSSIBLE AWARD OF TWO PERMITS FOR THE OPERATION OF
MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated February 3, 2010.
Councilmember Foat stated she is not in agreement with the staff
recommendation that CAPS should be eliminated for opening as they
were responding to the patients on a very limited basis, and stated CAPS
is not located near a child care center as stated in the letter from Golds
Gym, noted the typographical error on the Conditions of Approval ADM 10
should be changed to read the Chief of Police, requested staff provide an
explanation for the prohibition of cash sales and recommended the front
loading of a credit card for the collectives, questioned the requirement to
pay the California Fish and Game Fee, requested staff address the
submitted supplemental information and the supplemental information as
requested by staff, and the cost to the patients.
Councilmember Hutcheson requested staff address the effect of timing on
making changes to the bylaws of the cooperatives, stated his support for
the general restrictions on cash as to prohibit casual small "street' type of
transactions and suggested the City work to solicit transactions by
patients.
Mayor Pougnet thanked the community for their patience toward the
process, indicated he would not support any further changes to the
ordinance at this time, and stated his support for the selection of
Cannahelp and Desert Organic Solutions.
Councilmember Mills requested staff address the discrepancies in the
number of patients, compared with the number of patients to the square
footage and stated the City Council should consider that a majority of
cannabis is to be grown on site, stated he supported the staff
recommendation to eliminate CAPS, and supported the suggested bylaws
modifications as it relates to Desert Organic Solutions.
Councilmember Weigel stated he is opposed to the ordinance, as the
State should be the entity to regulate these activities, noted the City
should not have to pay for this regulation as it should be the burden of the
State, stated he has no argument with the law, but has issues with the
process, stated that while he is opposed to the local regulation, he felt it
was important that all members of the City Council participate in the
selection of the providers to help insure the safety of residents and
City Council Minutes
February 3, 2010
Page 12
regulation of the cooperatives, and stated his preference for Cannahelp
and Desert Organic Solutions.
Mayor Pro Tern Hutcheson stated his support for Cannahelp, indicated his
disappointment that CAPS opened, and his preference for Herbal
Solutions.
Councilmember Foat requested the City Council separate the motion and
the vote, and stated her support for Cannahelp.
ACTION: 1) Adopt Resolution No. 22666, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE MC 09-001, AN APPLICATION BY CANNAHELP
FOR A PERMIT TO OPERATE A MEDICAL CANNABIS
COLLECTIVE/COOPERATIVE AT 505 INDUSTRIAL PLACE, PALM
SPRINGS;" amending the Conditions of Approval to include the following:
1) Members shall elect all Directors; 2) Compensation of Directors shall be
approved by the membership; 3) Compensation of the Officers shall be
approved by the Directors; 4) The annual budget of the corporation and
any amendment to the budget that results in increases in expenditures
above any amount budgeted shall be approved by the membership; 5) No
minimum attendance for membership meetings shall be required; any
action requiring membership approval or action shall be approved by a
majority or super-majority of the votes casts, as provided in the bylaws, so
long as at least 50% of the membership participate in the vote. All
members shall be provided the opportunity to participate in any vote,
either by attendance at a meeting, by mail, or any other reasonable,
objective, and fair method designed to encourage independent
membership participation; 6) All membership meetings and all Board of
Director meetings shall be held in Palm Springs; 7) Any amendment of the
bylaws shall be approved by the membership; and 8) All records of the
corporation shall be available for inspection by the membership. Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
ACTION: Adopt Resolution No. 22667, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE MC 09-006, AN APPLICATION BY DESERT
ORGANIC SOLUTIONS FOR A PERMIT TO OPERATE A MEDICAL
CANNABIS COLLECTIVE/COOPERATIVE AT 19347 NEWHALL ROAD,
PALM SPRINGS," amending the Conditions of Approval to include the
following: 1) Members shall elect all Directors; 2) Compensation of
Directors shall be approved by the membership; 3) Compensation of the
Officers shall be approved by the Directors; 4) The annual budget of the
corporation and any amendment to the budget that results in increases in
expenditures above any amount budgeted shall be approved by the
City Council Minutes
February 3, 2010
Page 13
membership; 5) No minimum attendance for membership meetings shall
be required; any action requiring membership approval or action shall be
approved by a majority or super-majority of the votes casts, as provided in
the bylaws, so long as at least 50% of the membership participate in the
vote. All members shall be provided the opportunity to participate in any
vote, either by attendance at a meeting, by mail, or any other reasonable,
objective, and fair method designed to encourage independent
membership participation; 6) All membership meetings and all Board of
Director meetings shall be held in Palm Springs; 7) Any amendment of the
bylaws shall be approved by the membership; and 8) All records of the
corporation shall be available for inspection by the membership. Motion
Mayor Pougnet, seconded by Councilmember Weigel and carried 3-2
on a roll call Vote.
AYES: Councilmember Mills, Councilmember Weigel, and Mayor
Pougnet.
NOES: Councilmember Foat, and Mayor Pro Tern Hutcheson.
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
Thomas Wilson, Assistant City Manager, provided a verbal update on the
Museum Market Plaza Specific Plan progress.
No action taken.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 8:12 p.m. to a Regular Meeting,
Wednesday, February 17, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by
a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
17T" DAY OF FEBRUARY, 2010.
_��112
ST- EN P. POUGN , MAYOR
ATTEST:
YJM!E!9- THOMPSON, CITY CLERK