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HomeMy WebLinkAbout12/16/2009 - STAFF REPORTS " AmericansFor SafeAccess Advancing Legal Medical MaNivana Therapeutics and Research The Sale of Medical Marijuana Is Legal Under State Law The nonprofit sale of medical marijuana is legal under state law, despite protests by some local California officials. Under the Medical Marijuana Program Act ("MMPA") and the Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use ("AG Guidelines"), sales of marijuana by properly organized medical marijuana dispensaries are legal under state law, so long as they are not for profit. In 1996, the California electorate passed the Compassionate Use Act("Proposition 215" or"the CUA") "[t]o ensure that seriously ill Califomians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician . . . ." Although the CUA did not expressly provide a mechanism for the seriously ill to obtain marijuana, it explicitly sought "[t]o encourage the federal and state gove>runents to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana." To meet the voters' challenge, in 2003, the California Legislature passed the Medical Marijuana Program Act to provide for collectives and cooperatives, which may sell marijuana. Specifically, the MMPA states that"Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360 [sales and possession for sale], 11366 [maintaining a place where marijuana is sold], 11366.5, or 11570." Furthermore,the landmark court decision in People V. Urziceanu (2005) 132 Cal.App.4th 747, 785, ruled that the MMPA's"specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana." In 2008, the Attorney General issued Guidelines for law enforcement that recognized the legality of storefront medical marijuana collectives as long, as they abide by state law. Specifically the AG Guidelines allow for storefront dispensaries to "[a]llocate[] [marijuana] based on fees that are reasonably calculated to cover overhead costs and operating expenses"]. Thus, the distribution model affirmed by the Legislature,the Attorney General and the courts relies on legal sales of marijuana. Under California law, medical marijuana collectives and cooperatives, which engage in sales, are legal and pay at least tens of millions of dollars in sales tax to the State Board of Equalization annually. Headquarters National Office General Information 1322 WebSler 3t,Suite 402 Oakland,CA 94612 1730 M Street NW,vvashington DC 20036 l WEB:wWw,AmencansForSarCACCess are PHONE 510251.1356 PAX:510.2512036 PHONE:7,,02.8574272 Wa202 857 4 275 l TOLL FREE:1.888.9294367 a2 f�la/zbo�' _PCZLi �rr�. Jay Thompson` From: Douglas C. Holland [DHolland@wss-law.com] Sent: Monday, December 14, 2009 11:52 AM To: Jay Thompson Cc: Craig Ewing Subject: FW: Fwd: P S Compassionate Care Inc. - pending application Attachments: P S CompassionateCarelnc.Bylaws&Secy'sCertif-12-4-09.pdf; pscc final 3 12-7.pdf Lid P 5 pscc final 3 asslonateCareInc.By 12-7.pdf(75 KB) Hi Jay: Please include the email below and the attached documents with your yellow Council Agenda supplement material for Wednesdays Council meeting. Doug IIolland Woodruff, Spradlin & Smart 555 Alston Boulevard, Suite 1200 Costa Mesa, CA 92626 Tel: 714.415.1042 Fax: 714.415.1142 dholland®wss-law.com CONFIDENTIALITY NOTICE - This e-mail transmission, and any documents, files or previous e- mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (714) 415-1042 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner- Thank you. -----Original Message----- From: gary Hindman [mailto:gbindmanoaol.com7 Sent: Monday, December 14, 2009 11:24 AM To: Douglas C. Holland Subject: Fwd: P S Compassionate Care Inc. - pending application David, Please scroll through complete email history for what I believe is an accurate record. The first attachment states the by-laws for PSCC. Thank you Gary Sent from my Veri.zon Wireless Phone ----- Forwarded message ----- From: "JANICE HARDOONI' atoemailjanice@yahoo.com> Date: Sun, Dec 13, 2009 8 :11 PM Subject: P S Compassionate Care Inc. - pending application To: "Craig Ewing" <Craig.Ewi•ngapalmsprings-ca.gov: Cc: "Gary Bindman" <gbindmanoaol.com> - Mr. Ewing, I am concerned by the staff report dated December 16, 2009 which recommends to deny the 1 oo 9 application of P S Compassionate Care- I confirmed with you by telephone and received an email confirmation that P S Compassionate did submit necessary documents to you on Tuesday before noon. Please advise me as to what needs to be corrected for P S Compassionate Care to continue in the process of being heard on Wednesday night• at the Palm Springs City Council meeting. I look forward to speaking with you, Janice Eardoon 310-650-7879 ----- Forwarded Message ---- From: Donald Miller adpm1220opacbell.net5 To: craig.ewing©palmsprings-ca.gov Sent: Fri, December 11, 2009 2:10 :21 PM Subject: P S Compassionate Care Inc- - pending application December 11, 2009, 2:10 p_m- Dear Mr. Ewing, I am an attorney advising P S Compassionate Care Inc. , a nonprofit California mutual benefit corporation, which is applying for issuance by the Palm Springs City Council of a medical cannabis permit. Enclosed is a second transmittal of a copy of the corporation's Bylaws and Secretary's Certification_ I was distressed to learn earlier today that the previous, December loth transmittal apparently was not received by you when sent- As I explained in my December 10th e-mail, I was unable to send the copies to you sooner because my computer was not functioning and the files in it were not accessible beginning this past Monday. The computer was not repaired and made serviceable until Wednesday evening- My earnest request is that the failure of my computer not result in any prejudice to P S Compassionate Care Inc- My client has made diligent best efforts to timely comply with your request for additional information and documentation. The delay was in no way attributable to P S Compassionate Care Inc. , which has consistently complied with your and the Council 's requests- Please he assured that my client and I will continue to adhere to the Council's requirements. Very truly yours, Donald P. Miller DONALD P. MILLER & ASSOCIATES 916 North Laurel Avenue (323) 654-2826 fax: -3826 Los Angeles, California 90046-6922 Do You Yahoo!? Tired of Spam? Yahoo! Mail has the best Spam protection around http!//Mail.yahoo-com 2 BYLAWS OF P S COMPASSIONATE CARE INC. A California Non-Profit Mutual Benefit Corporation ARTICLE I NAME The name of the corporation is P S Compassionate Care Inc. ARTICLE II OFFICES OF THE CORPORATION The principal place of business of the corporation shall be at a location in Riverside County, California to be determined by the Board of Directors ("Board"), The Board may, without changing the Bylaws, from time to time, change the location of the corporation's principal place of business. The Board may, from time to time, establish additional office(s) for the conduct of the corporation's business. ARTICLE III CORPORATE PURPOSES The corporation is a nonprofit mutual benefit corporation, organized under the California Nonprofit Mutual Benefit Corporation Law, to operate as a not-for-profit collective. The purposes of the corporation are to engage in any lawful acts and activity, other than the credit union business, for which a corporation may be organized under such law, including, without limitation, to facilitate providing natural remedies for chronically ill Californians for which licensed physicians may recommend herbal and/or other remedies, and to collect, compile and conduct research regarding herbal and/or other remedies. The corporation shall lawfully cultivate, acquire, possess and/or distribute lawfully cultivated medical cannabis and its derivatives (individually and collectively, "medicine") within the collective, and provide for the security and non-diversion of medicine in compliance with state and local laws, regulations, guidelines and ordinances. ARTICLE IV MEMBERS The corporation shall have voting members in accordance with the California Nonprofit Mutual Benefit Corporation Law and other pertinent laws, with overall management of the corporation's operations to be exercised by the Board and duly elected officers. -t- ARTICLE V BOARD OF DIRECTORS In accordance with the California Nonprofit Mutual Benefit Corporation Law and other pertinent laws, regulations, guidelines and ordinances, the operations of the corporation shall be managed and exercised by and under the direction of the Board and duly elected officers. The Board and elected officers shall have all general powers afforded them under the California Nonprofit Mutual Benefit Corporation Law and other pertinent laws, regulations, guidelines and ordinances, including, without limitation: 1. Establishment and maintenance of the corporation's purposes, objectives and goals, as well as the means of implementing them. 2. Oversight of the corporation's business and related matters, including, without limitation, regulatory compliance, corporate governance and succession„ corporate audits, and related matters. 3. Establishment and oversight of corporate committees and working groups. 4. Plan for and approve corporate leadership positions; at the Board's sole discretion, elect and/or appoint and remove corporate officers, employees and agents; prescribe powers and duties of corporate officers, employees and agents, and determine compensation for the performance of such duties. 5. Change the location of the corporation's principal place of business; qualify the corporation to conduct its business in other jurisdiction(s); and designate any place within or outside California for holding of any meeting, including, without limitation, annual or special meetings. 6. Adopt, make, use and, from time to time, change the corporation's seal; prescribe and, from time to time, change the forms of membership certificates, if any. 7. On behalf and in furtherance of the corporation's purposes, borrow money and incur debt, and provide for execution in the corporation's name of appropriate documents in furtherance thereof, including, without limitation, promissory notes, bonds, deeds of trust, mortgages, hypothecations, and other indicia of indebtedness and security for such Indebtedness. S. Invest, or cause to be invested, some or all of the corporation's assets in accounts, properties and other capital assets. 9. Enter into agreements and arrangements with other entities and Individuals for the purpose of implementing and furthering the -2- corporation's goals and objectives, provided that such agreements and/or arrangements in no way compromise the corporation's nonprofit status. The Board shall consist of at least one and not more than five directors, the precise number of directors to be determined by resolution of the Board. The initial director shall be appointed by the corporation's incorporator, identified in the corporation's initial Articles of Incorporation. Thereafter, director(s) shall be elected by a majority of directors then in office, whether or not a quorom exists, or by the sole director. Director(s) shall be elected at each annual Board meeting; however, if there is no annual Board meeting, director(s) may be elected at a special Board meeting. Each director shall hold office until expiration of that director's term and until a successor director has been elected. A director may resign, which resignation shall be effective on giving written notice to the president or secretary of the corporation or to the Board, unless the notice specifics a later time for the resignation to become effective. If the resignation of a director is effective at a future time. the Board may elect a successor to take office when the resignation becomes effective, A director may be removed with or without cause by a vote of the majority of director(s) then in office. A vacancy or vacancies on the Board shall be deemed to exist on the occurrence of (a) the death, resignation or removal of a director, (b) the declaration by resolution of the Board of Directors of a vacancy of an office of a director who has been declared of unsound mind by an order of court, has been convicted of a felony or has been found by final order or judgment of a court to have breached a legally imposed duty arising under Corporations Code § 7238. Regular or special meetings of the Board may be held at any place within or outside California designated by the Board. In the absence of such designation, Board meeting shall be held at the principal place of business of the corporation. Any Board meeting may be held by telephone conference or other generally available electronic means of communication equipment, so long as all Directors participating jn the meeting can hear one another; in such instances, all participating directors shall be deemed to be personally present at such meeting. The annual meeting of the Board shall take place on the second Friday of February of each year, unless such Friday is an official holiday, in which case it shall take place on the next Friday that is not an official holiday. Notice of meetings shall be given by written noticed delivered personally, by first-class mail, by verified e-mail or by verified fax, to the address of each director shown on the corporation's records. Unless waived, notice of such meeting shall state the date, time, location and purpose of such meeting. -3- Directors may receive reasonable compensation for their services as such, as well as reimbursement for their expenses as such, in accordance with Board resolutions relating thereto. ARTICLE VI OFFICERS The officers of the corporation shall include, without limitation, a president, secretary and treasurer. The Board also may elect a chairman of the Board, vice president(s), assistant secretary(ies), assistant treasurer(s) and other officers as the Board, in its discretion, may determine. Any number of offices may be held by the same person. An officer may resign, which resignation shall be effective on giving written notice to the president or secretary of the corporation or to the Board, unless the notice specifics a later time for the resignation to become effective. If the resignation of an officer is effective at a future time. the Board may elect a successor to take office when the resignation becomes effective. Any officer(s) may be removed by the Board with or without cause. ARTICLE VII INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS To the fullest extent permitted by law, the corporation shall indemnify its directors and officers and may indemnify employees and other persons described in Corperations Code §7237(a), including persons formerly occupying such positions, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding" and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that section. "Expenses", as used in this bylaw, shall have the same meaning as in that section of the Corporations Code. To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Article VI of these bylaws in defending any proceeding covered by this Article shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately found that the person is entitled to be indemnified the corporation for such expenses. ARTICLE VII CORPORATE RECORDS, REPORTS AND SEAL The corporation shall keep at its principal place of business office the corporation's Articles of Incorporation, the corporate seal and the original or a copy of -4- the then-current Bylaws, all of which shall be open to inspection by officers and Directors and officers during normal business hours or as otherwise agreed. The corporation's accounting books and records and minutes of proceedings of the Board and committees of the Board shall be open to inspection during normal business hours or as otherwise agreed upon written demand to the corporation. The Board shall cause an annual report to be sent to the directors within ninety (90) days after the end of the corporation's fiscal year. The report shall contain the following information, in appropriate detail: the assets and liabilities, including trust funds, if any; principal changes in assets and liabilities, including trust funds, if any; revenue or receipts of all kinds and descriptions of the corporation; and expenses or disbursements of the corporation; and all additional information required by pertient law and/or the Bylaws. The annual report may be accompanied by a report on it of independent accountants or, if there is no such report, by the certificate of an authorized officer of the corporation that such statements were prepared without audit from the corporation's books and records. An annual report shall not be required if the corporation received less than ten thousand ($10,000) dollars in gross revenue receipts during the fiscal year; however, the information specified above for inclusion in an annual report must be furnished annually to all director(s) who request it in writing. ARTICLE VIII CONSTRUCTION AND APPLICABLE LAW Unless the context otherwise requires otherwise, the general provisions, rules of construction and definitions set forth in the California Nonprofit Mutual Benefit Corporation Law and cases construing such law shall govern the construction of these Bylaws. The provisions of these Bylaws shall be construed and applied in accordance with the laws of the State of California. ARTICLE IX AMENDMENT OF BYLAWS The corporation's Bylaws may be altered, amended or repealed, and new Bylaws may be adopted, by a two-thirds (2/3) majority vote of the directors present at any duly noticed meeting of the Board or by the unanimous written consent of all directors then in office, except as otherwise provided herein. -5- CERTIFICATE OF SECRETARY I, Janice Hardoon, Secretary of P S Compassionate Care, Inc., hereby certify: 1. That I am the duly elected and acting Secretary of P S Compassionate Care, Inc. a California Nonprofit Mutual Benefit Corporation. 2. That the foregoing Bylaws, consisting of nine (9) articles and five (5) pages, including this certification page, constitute the Bylaws of this corporation as duly adopted by the Consent Action of Incorporator of the Corporation dated June 25, 2009. IN WITNESS WHEREOF, 1 have subscribed my name and affixed the seal of P S Compassionate Care, Inc. this 4`h day of December, 2009. Janice Hardoon, Secretary [ seal ] -6- Janice Hardoon owns KoreaTown Collective,LLC. KTC is one of 187 original Los Angeles collectives and was established in 2006,prior to the beginning of the moratorium during which hundreds of collectives opened.KTC follows the guidelines set forth by the state attorney of California and continues to operate under the business laws established by the city of Los Angeles. Each patient must comply with the following policies of KTC; 1. Each patient must show valid legal identification each visit. 2. Each patient must have a verifiable and current doctor's recommendation or physician issued card each visit. 3. Each patient must be 21 year of age. 4. KTC prohibits the opening, repackaging, or use of medicine on the property and its surrounding premises. A state licensed security official enforces this by continually monitoring the aforementioned areas. 5. KTC does not allow the sharing of medicine purchases. 6. KTC adheres to a NO smoking policy on premises. 7. Each patient receives a receipt along with medicine in a sealed container in a pharmacy bag. Stapled to the pharmacy bag is a notice stating the facility guidelines of KTC, as a reminder. Janice 1-Iardoon is proud to state that she has had no encounters with law enforcement.KTC works with officer Bruner-213-793-0774 of the Olympic Division of the LAPD. We attend neighborhood watch programs and events.Detective W. Sera-213-382-9378-of the LAPD recently visited KTC to observe and document daily operations in accordance with the City of Los Angeles' investigation of the recent increase of medical marijuana dispensaries. KTC is open from 10 am to 9 pm Monday-through Saturday, and 11 am to 8 pm on Sunday. In a typical week,KTC sees approximately 450 patients. Busy times are between 12pm and 230pm, and again between Spm and 830pm. KTC has 24/7 monitored security. We maintain 12 closed circuit cameras that maintain 30 days of data storage. In addition, a state-licensed security officer is present on the premises during all business hours. Cameras are placed to monitor the surrounding street and store areas. The storefront is located on a busy street, in a shopping center with six other tenants. Patients enter a locked front door before being greeted by a security guard at an additional locking gate where they are asked to see proof of age. After entering the waiting area for the first time, patients complete necessary document packets and sign a form staring they have read and understand the facility guidelines. Each patient must provide valid state-issued identification or Passport along with the original copy of their doctor's recommendation or recommendation ID card. The recommendation is verified with the doctor's office for validity and current expiration status. Returning patients are required to provide legal identification and as a KTC employee is verifying their recommendation expiration status. All medicines are locked and are not accessible to any unauthorized persons. All inventories are stored in a combination locked safe, which a manager must be present to open. When new medicine is obtained, it is immediately packaged into varying useable amounts for patients. Sizes include single grams, 3.5 grain, and 14 gram containers. The amount of each size packaged is determined by comparing past sales records of similar medicine. The pre-packaged containers are stored in drawers accessible only to the manager, Each night the manager makes one cash deposit into a locked combination safe. The credit card summaries are collected and stapled to the individual credit card receipts. The manager makes a daily summary and records the data in a notebook. Patients are seen individually to ensure proper care. When a patient decides what they need with the help of a knowledgeable staff at the counter, a sales ticket along with payment is handed through a window to the manager on duty. The manager pulls the pre-packaged container from the appropriate drawer, rings up the sale on the computer, deposits the cash or credit card receipt into the register, and provides any change if necessary. The patient receives their medicine in a pharmacy bag which is sealed with a note detailing the KTC guidelines. KTC uses Intuits Quickbooks software as a comprehensive program to manage, track and document the inventory and sales history. The point of purchase computer system is a valuable tool that documents all sales—cash or credit-and removes product sales from inventory. The software program can easily produce charts and graphs that memorialize patient flow,product sales and calculate sales tax collections.Intuit software programs are integrated so that the point of purchase program is imported to the turbo tax software to simplify all accounting. KTC product prices are derived from the values that are determined from our designated growers. There are many varieties of medicines to provide different solutions depending on each patient's specific ailments. Medicine prices are determined by several factors; availability, production and labor, and quality are some of the major determining factors. KTC has a reputation for providing the best medicine and customer service for any person's economic situation. 'Varying qualities reflect different prices due to knowledge of the grower,time taken to grow the medicine, and amount of medicine grown. While a fair majority of collectives in the area top 1/8 prices at up to S80 each, we top our 1/8 prices at S65 including tax. In addition to fair prices, we have a generous compassion program, which allows all qualified patients to receive necessary medicine at below or at no costs. Currently,we are evaluating many insurance companies that will cover medical marijuana purchases similar to those of a traditional medical prescription plan. Products sold at P.S. CC will be priced even lower because it will all be cultivated in-house. Costs of setting up enough equipment to properly sustain the patient community will cost around S150,000 and it would take 1 to I %z years to recoup this expense, incorporating all factors and salaries into the estimate. This figure is definitely a ballpark estimate, as every grow-room has different problems that require different amount of money and labor to overcome. Examples are heat problems, air circulation problems, and lighting problems, all of which must be controlled prior to cultivating anything.NO room is perfect right off the bat; it takes a little bit of time and effort to achieve the optimal environment. Estimating the number of patients that P.S. Compassionate Care will provide medicine to is an interesting proposition. The City of Palm Springs is granting a valuable service to a population of people that are in need of alternative medicine options. Based on the discussion at the council meeting on December 2,2009, a unique business model is needed to be created and to allow for modifications to work directly with the local government. P.S. Compassionate Care estimates a patient community of 3000. Abiding by the city of Palm Springs ordinance guidelines of operating hours of Monday through Saturday of 9 AM to 7 PM, the collective could average 100 patients per day. Future growth of the collective community would be determined by the regulations of local, county and state compassionate care legislation. It is reasonable to assume that a very large percentage of patients will be Palm Springs residents initially, with many more patients coming from neighboring cities and counties as time progresses. Y.S. CC intends to grow all of the medicine that will be distributed to ensure safety and quality of medicine. P.S. Compassionate Care has leased a property located inside the city of Palm Springs in the required designated zone. The property address is surrounded by an electronic gate and has no direct major thoroughfare traffic. 3585 Del Sol Rd. is at the end of Oasis Road. P.S. CC has given the city an explicit set of security plans that have been designed and will be executed and monitored by Olinn Executive Security. In addition to the video surveillance, a state licensed security officer will be on staff to reassure all patients, local businesses and local authorities that all precautions are being taken to provide peace and safety. The property that P.S. CC has leased is a warehouse with office measuring approximately 5500 square feet. 1000 sq ft has been designed to provide a secure,comfortable and easily accessible store for patients. The layout of the store provides several areas that can be closed off and or locked for authorized employees without sacrificing the desired atmosphere required for patient confidentiality and comfortability. The remaining space will be used for growing the desired medicines for our patient community. That area will be sealed and monitored and will be accessible from an entrance not connected to the patient area. P.S. Compassionate Care has drafted blueprints to build an area for growing medical marijuana. The facility has 4500 sq. feet of secured warehouse that will be converted to a sterile and environmentally controlled area to house the plants that will produce the medical marijuana. An area of that size will be able to continuously produce various varieties of medicine to meet the demands of our community populations. An operation of this size will create 20-30 full and part-time jobs in the Palm Springs local area.A collective created within the city guidelines will offer each of the qualified patient members a task to participant in its success. The medicine will be grown by the most knowledgeable of staff with experience in this field. It will be grown using strictly organic supplements with an extreme minimum of waste. There will not be water runoff in the surrounding terrain or air contaminants present,preventing any environmental impact in the surrounding area. The medicine grown will be inspected for pathogenic mold prior to distribution. With the experience present and room to cultivate properly, it is assured that only the highest quality medicine will be produced by P.S. CC, P.S. Compassionate Care has created a staff of professional management to oversee the business operation. Janice Hardoon, Danny Sintov and Retired Superior Court Judge Gary$indman will be on premise to work with our staff and local government officials in order to operate a safe and responsible collective. P.S. CC is committed to providing excellent service and opportunities for residents of Palm Springs. 3585 Del Sal Rd., in North Palm Springs, is the best location for a medical marijuana collective because is located at the end of a quiet commercial zone on a gated piece of property. Security monitoring has been detail and will be provided by O'linn Executive Security, a local business that has been doing business for the city of Palm Springs since the mid 1990s. P.S. Compassionate Care is a collective that will continue to evolve and grow with the community of Palm Springs.This collective is going to successful with the participation of its member patients and local law enforcement and government officials.P.S. CC will make a village. Page 1 of 1 Jay Thompson i'.E 0 V From: Ginny Foat ,3 j C 5 F - 2. 7 Sent: Tuesday, December 15, 2009 2:27 PM To: Ginn Foat; Jay Thompson, Craig Ewing Y Y P 9 9 Subject: FW: Support Stacy Hochanadel From: djweef@aol.com [mallto:djweef@aol.com] Sent: Monday, December 14, 2009 8:50 PM To: Steve Pougnet; Chris Mills; Ginny Foat; Rick Hutcheson; Lee Weigel Subject: Support Stacy Hochanadel Mayor Steve Pounget Members of the Palm Springs City Council VIA EMAIL Dear Mayor and City Council: I am writing in support of the application by Stacy Hochanadel for a permit to operate a medical marijuana clinic in Palm Springs. It might be remarkable that I would support this cause. My husband was a past Mayor of Palm Springs who served with Stacy Hochanadel's grandfather Bill Foster. I have been volunteering in and around healthcare for decades. our family business is the oldest funeral establishment in the Coachella Valley. I know through the hospice workers in our community that there is worthwhile end of life relief and benefits for chronically ill patients of this practice. Stacy and his family are long time Palm Springs residents with a history of community commitment and concern. Simply put,Stacy Hochanadel is to be trusted and I encourage your positive consideration of his application. Sincerely, Diana J. Wiefels 12/15/2009 Page 1 of 1 Jay Thompson From: Ginny Foat Sent: Tuesday, December 15, 2009 2:27 PM C To: Ginny Foat; Craig Ewing; Jay Thompson Subject: FW: Medical Canabis Clinic From: icrem8@acl.com [mailtoncrem8@aol.com] Sent: Monday, December 14, 2009 9:15 PM To: Steve Pougnet; Chris Mills; Ginny Foat; Rick Hutcheson; Lee Weigel Subject: Medical Canabis Clinic Mayor Steve Pounget Members of the Palm Springs City Council VIA EMAIL Dear Mayor and City Council: I have been involved in healthcare governance and policy for thirty years. I am convinced that there is a valid reason for the research and controlled experimentation with cannabis. As an experienced healthcare governance leader I also feel it important to properly regulate and control distribution within the law. For that reason I am writing to support of the application by Stacy Hachanadel for a permit to operate a medical marijuana clinic in the City of Palm Springs. His family's long term and multigenerational involvement in our community argues for approval of this application. This is a difficult decision for the council but I respect the courage to proceed with proper regulation- The history of this family is one of trust and commitment which would be critical in the consideration of this application. Stacy Hochanadel should be trusted and I support your positive consideration of his application. 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A cc me, ©o-+ Prom a back 04ice 6.mi a�Ked me -� )ptn bkm M �'�lS Q '�C�,,, He, askeal i T YeaK. dioW- have as-ty rnvne..I . explcLinet rn� 5ti�uca�lic�v� E9/ZO 39vd ONI0N3 @@L ST:91 600Z/5T/ZT �an51da5 • STt,PiES ti59 121341�av9 18:58 fAX 36a't36a362 „- .. .-•-------------- _ ' Ike, g&44�mar. -Pner �otJ me, a� unci er 41e, a �paSSion t3W , �e Was nrt- al'Owed b W- meY Svc, ' leave, kncwirs,� 71 616 � have, rYiedtca+(on or 'anyf \*/P,v a Oeir ,+, I was epee `16 O�P an Ounc-e, brownies n-ee., cxno! •4oid ijP � was eve in need , 4-o ca It up a-nd auly� :,0- nr+ ,pin ! dise�se<• C45. 41no.4- ever c.rcor and did -{- )am 5ra.me -Vn i nq a5 -'he- a�en4ie-ncv� wiivP -! e . na.nk Gcx� -�ar -Hie dG.ompassionacte- Care :r reae vim. a;: CAPS aid I�"I"U ask �ha4 qvu, CAPS -6 !�uv P1n vp r coo on ar ,_i Carte bQ_ dour Y1Eti Ors fJ«'TG� Camr,,,in Y 06L 0it9L 600L19L1LS pNIDN3 EalEB ��jtld STARIES t459 !;�o§�i%oes 2 12114l2049 13:56 FAR 76077Dd362 - 1!f , ' i Ccl-PS PArr j wits pfew,.f-+- ayiol JP �aVz o . 'Ay -h.nrneco vc _ - �ILI>'.C�+Px,,�Piwny I d.K6"+jwA5 519�inM ►r� - - .. ..daQsr. In 4c . ware jars �01� :4�s . n ' alter bled .or nt*.. we. ' . i�4�ger wia-N+vw� � .n��e• SPa��a.�-� �-+.�����5 . - ,f � .('gym ..,i�rrt�-��u� +�,Ckc+�..Y1C?!� ,.�Cct�'� • . W�'lL`•e, C:�•.�,�.• ..1(-£r-n G4i r1S. . G�48�.'� Yht(S�� ;QYI�- Y_1�.y�.,Ql-ti1F.►.' .�R_{'f•Plt'T�'$ .(1ex�n' 0-1' +'�eetve 00L trE�Si 690Z/5i/�I ONS�N3 E9/L� 39dd 12/15/2009 15!34 700 ENCINO PAGE 02/03 • `FJV 7�j J�Ci� �J�Y0�1�"t1 +m IFNOO sal owl F ))p 1 • ��a�� tit},,�._ ... __ .i _._.... ..._r ._ . _,,.. _..+__.. _�,Q1o,, � ...... :. .. .., ,darn .b -09_Z;�.. A7 " ITorm 9 2rJ� lCi jaf` Cj i .• 'tsar. • 15'�w1•• •. r. ��TV .. �n.� �U. '/V JPv� 1 'f^ �� UUI �. ��{�� .. .._n...✓ . _. -_ c.i-����9 xa�ae.+o� ai:�• � s'br+n�•�u.,<r�u� m�►i� • I I LSD/L00(01 BSfi S3ldVL5 Z9608LLD8L %Yi B9:EL SDDZ/tl/Ll 12/74/2o0B ra!ea FAX 169710036Z STAPLES 1459 too oz/005 �OulQl. k k� a;p. `vhe Same ID7o '�s "Ccimpc�s7�a�n 8Cl 16)Y-Wn ' per Rweek ��Or icuS�y _t 5 no-! o. rned winad pnk � a LrIkA.E. - hVMA . 564ZD, !prQjR. to, prgp.l�F awv, prep -ZSS weae, v&eJ \ram 1 Coq by ••l-r1e pwie C� Ca. A cr;tia- 5 zYr ...k aws. BPS ig �� o�?�•.�..(�t,�(�Ens�'�W-�a�- dlsadvaM- Q-vi�s r FREE: 70 - as1 -c © 33 st)!Ea 3�Vd ONI�N3 eec hE�ST 606Z/5T/ZT Page 1 of 2 Jay Thompson i;l:•C;_i➢v From: Craig Ewing Sent: Tuesday, December 15, 2009 3:27 PM 201H 011EC 5, PE a: 3 To: Jay Thompson J '_ 1 i.�, I r ,, Subject: FW: 12/16/20091.C, Medical Cannabis Cooperative MIT'.' CLE!� Attachments: MJ Petition001.pdf, MJ Petition002.pdf,, MJ Petition003,pdf Jay: Additional materials for the City Council. Craig A. Ewing,AICP Director of Planning Services City of Palm Springs 3200 E.Tahquitz Canyon Drive Palm Springs,CA 92262 760-323-8245 From: Kurt Handshuh [mailto:kurtlends@gmail.com] Sent: Tuesday, December 15, 2009 2:38 PM To: Craig Ewing Subject: FW: 12/16/2009 1.C. Medical Cannabis Cooperative Good Afternoon Mr. Ewing: The e-mail below and attachments did not reach your mailbox on the first try moments ago. I'm attempting to send this to you one more time. I'm hopeful this will work. Thank you. Kurt Handshuh From: Kurt Handshuh [mailto:kurtlends@gmail.com] Sent: Tuesday, December 15, 2009 2:09 PM To: 'Steve.Pougnet@palmsprings-ca.gov'; 'Chris.Mills@palmsprings-ca.gov'; 'Ginny.Foat@palmsprings- ca,gov'; 'Rick.H utcheson@palmsprings-ca.gov'; 'Lee.Weigel@palmsprings-ca.gov' Cc: 'CityManager@palmsprings-ca.gov'; 'mailto:craig.ewing@palmsprings-ca.gov' Subject: 12/16/2009 1.C. Medical Cannabis Cooperative December 15, 2009 David H. Ready, Esq., Ph.D. City Manager Craig Ewing Director of Planning Services Steve Pougnet Mayor Chris Mills Council Member Ginny Foat Council Member Rick Hutheson Council Member, Mayor Pro Tern Lee Weigel Council Member Respectfully submitted and attached hereto please find a petition of three pages executed by 12/15/2009 Page 2 of 2 concerned citizens and merchants in Palm Springs as well as members of Gold's Gym. These pages were forwarded to me by a very prominent member of our community expressing their concerns of location as well as proximity of children and child care to deny the application for a medical cannabis location at 4050 Airport Center Dr. Unit C, Palm Springs, Ca. Thank you in advance for your consideration- Very truly yours, Xud Mutddhtcff Kurt liandshuh PO Box 102 Palm Springs,CA 92263-0102 (760) 333-4410 cell kurtlends@gmail.com Privacy Notice This communication may contain information that is legally privileged, confidential or exempt from disclosure. The information contained in this message may also be covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521.If you are not the intended recipient,please note that any dissemination, distribution, or copying of this communication is strictly prohibited.Anyone who receives this message in error should notify the sender immediately by telephone or by return a-mail and delete it from their computer. 12/15/2009 PETITION REGARDING MEDICAL MARIJUANA i [tiara 5lmi;[ y;d( A 011=01 C,ANNAFN t5 F R0009,M TO PL5 LQGA€EDAT-4o50 ATUORT C.ENTER DR C, PALM SPRINGS,U :RGtfori;pttrii�€1eE7.f0'C - Yk' ,tha brad €gnE-d; Esij:cononnnW, ttWrE,•y4 p uqu o -Iya,.ini €a [i� DENY tf a Vr-40ilw at•thid lotil - Pii edl rnE ['S1 'a-ture_ - Adh{ess fCnm rat - []ata',_ SF4:f F 7L41 ., L3 YS:18�yy1".L�F% ht"c Sf C4 31z �d f`'"t' CC-.,!-n rr — 14z2 °�� ----- IE t PETITION REGARDING MEDICAL MARrj'UANA ° petit�nfisuriiiaaiy add 1 A WDICAL CANKMIS 15 PROPOSED TO BE LOCATED AT 4054 ATTPORT CENTER DR-C; PALM SPRING . CA°l22fz4_ ,4Giempetit ned faT; f WOW the Underiforkde arc rancenled€ltitarro 4'r3a i rga i x leis to act miv to:BE1i1 the a P;41Qs tbn at Wh , I EFg�. Y - - , - -- -- - -- - ----- - -. _ - -- - - -- -_ Piirrtrd3�iama; - SI Address - - CommetsE= }�afsg' kg � ��i�4►2. �'��tr� j -f��zf i�'��_u�..s.��'i'1. r�}�� �l�•o�•c� rc.} �c ��n•.1, `J 1 44q ; 'r fly it t rA jA i € �$�I€ �{t ?,1.'�Fty3 x + � � �- ; � -� `'is� C=-;lLt+�v"'{ ii{ `� f `��•"'���� I PETITION REGARDXNG MEDICAL, MARIJUANA I:@[$4i1' 1I11R1�r� 3tSd A Fl r)16L C-ANNABIS 15 PROPOSED TO SE L-3CA7tD sAT 4E150 ATrPORT CEt4TER OR C, PALM SPAIRGS,CA UZED. �*'f F VVe, the Uf0gr5]gredr ire sari:-.ned dilzer6 4�ho Lea OW QMkT5 tO Bd MV to [�EIIY L50 aPPkj]tlDO At Ihty ltcakirr, _ - - - — - - — - - i!rttd M,, ffI +4_dd[e ;_ Camment. a 1 Y- ' .l=l — i, �, s t � a• 7•t;J t MA k Si-3a1J . ' •`1 + t---- _- - -• E I