Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
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 Tem Hutcheson requested Item 2.L. 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.F. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC DISTRICT (CASE HSPB 73 / HD 2):
Staff Report Item 1.A.
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 Tem 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.
Motion to approve 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." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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." (Approved) (Recorded at 00:46:33)
1.B. DESIGNATION OF THE SINGLE FAMILY DWELLING AT 1070 EAST APACHE ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 74):
Staff Report Item 1.B.
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 Tem 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.
Motion to approve 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." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Foat.
Vote to approve 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." (Approved) (Recorded at 00:53:41)
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.
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:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., and 2.P. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., and 2.P. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
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:
Staff Report Item 2.D.
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:
Staff Report Item 2.E.
2.G. ACCEPT THE RESIGNATION OF DOUG JOHNSON FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION AS THE REPRESENTATIVE FOR THE CITY OF RANCHO MIRAGE:
Staff Report Item 2.G.
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):
Staff Report Item 2.H.
2.I. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR A FATS, OILS AND GREASE ("FOG") AVAILABILITY ASSESSMENT STUDY:
Staff Report Item 2.I.
2.K. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2009:
Staff Report Item 2.K.
2.M. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON AT THE SOUTHWEST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL:
Staff Report Item 2.M.
2.N. FISCAL YEAR 2008-09 AUDIT REPORTS:
Staff Report Item 2.N.
2.O. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO REVIEW AND STUDY PROPOSED MODIFICATIONS TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT:
Staff Report Item 2.O.
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:
Staff Report Item 2.P.
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:
Staff Report Item 2.F.
Mayor Pougnet thanked Mayor Parks for her service on the Airport Commission, and requested the City Clerk place an appointment on the next agenda.
Motion to approve 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. Moved by Mayor Pougnet, seconded by Councilmember Foat.
Vote to approve 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. (Approved) (Recorded at 01:21:16)
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:
Staff Report Item 2.J.
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.
Motion to Adopt Resolution No. 22664, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
noting the abstention of Councilmember Weigel on the Alta Agreement for Tract Map 30050.
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. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22664, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
noting the abstention of Councilmember Weigel on the Alta Agreement for Tract Map 30050.
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. (Approved)
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):
Staff Report Item 2.L.
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.
Motion to approve 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 documents. A5708. Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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 documents. A5708. (Approved) (Recorded at 01:29:44)
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:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated February 3, 2010.
Motion to Waive further reading and adopt Ordinance No. 1766, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Waive further reading and adopt Ordinance No. 1766, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." (Approved)
Motion to Waive further reading and adopt Ordinance No. 1769, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Foat.
Vote to Waive further reading and adopt Ordinance No. 1769, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." (Approved)
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:
Staff Report Item 4.A.
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 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 regulation of the cooperatives, and stated his preference for Cannahelp and Desert Organic Solutions.
Mayor Pro Tem 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.
Motion to 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.
Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 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.
(Approved)
Motion to 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 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.
Moved by Mayor Pougnet, seconded by Councilmember Weigel.
Vote to 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 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.
(Approved)
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
Staff Report Item 4.B.
Thomas Wilson, Assistant City Manager, provided an updated on the Museum Market Plaza Specific Plan progress.
No action taken.
5. NEW BUSINESS:
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
Feb 03, 2010 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
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 Tem Hutcheson requested Item 2.L. 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.F. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC DISTRICT (CASE HSPB 73 / HD 2):
Staff Report Item 1.A.
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 Tem 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.
Motion to approve 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." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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." (Approved) (Recorded at 00:46:33)
1.B. DESIGNATION OF THE SINGLE FAMILY DWELLING AT 1070 EAST APACHE ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 74):
Staff Report Item 1.B.
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 Tem 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.
Motion to approve 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." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Foat.
Vote to approve 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." (Approved) (Recorded at 00:53:41)
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.
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:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., and 2.P. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., and 2.P. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
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:
Staff Report Item 2.D.
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:
Staff Report Item 2.E.
2.G. ACCEPT THE RESIGNATION OF DOUG JOHNSON FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION AS THE REPRESENTATIVE FOR THE CITY OF RANCHO MIRAGE:
Staff Report Item 2.G.
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):
Staff Report Item 2.H.
2.I. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR A FATS, OILS AND GREASE ("FOG") AVAILABILITY ASSESSMENT STUDY:
Staff Report Item 2.I.
2.K. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2009:
Staff Report Item 2.K.
2.M. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON AT THE SOUTHWEST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL:
Staff Report Item 2.M.
2.N. FISCAL YEAR 2008-09 AUDIT REPORTS:
Staff Report Item 2.N.
2.O. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO REVIEW AND STUDY PROPOSED MODIFICATIONS TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT:
Staff Report Item 2.O.
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:
Staff Report Item 2.P.
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:
Staff Report Item 2.F.
Mayor Pougnet thanked Mayor Parks for her service on the Airport Commission, and requested the City Clerk place an appointment on the next agenda.
Motion to approve 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. Moved by Mayor Pougnet, seconded by Councilmember Foat.
Vote to approve 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. (Approved) (Recorded at 01:21:16)
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:
Staff Report Item 2.J.
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.
Motion to Adopt Resolution No. 22664, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
noting the abstention of Councilmember Weigel on the Alta Agreement for Tract Map 30050.
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. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22664, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
noting the abstention of Councilmember Weigel on the Alta Agreement for Tract Map 30050.
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. (Approved)
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):
Staff Report Item 2.L.
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.
Motion to approve 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 documents. A5708. Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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 documents. A5708. (Approved) (Recorded at 01:29:44)
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:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated February 3, 2010.
Motion to Waive further reading and adopt Ordinance No. 1766, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Waive further reading and adopt Ordinance No. 1766, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." (Approved)
Motion to Waive further reading and adopt Ordinance No. 1769, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Foat.
Vote to Waive further reading and adopt Ordinance No. 1769, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C 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." (Approved)
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:
Staff Report Item 4.A.
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 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 regulation of the cooperatives, and stated his preference for Cannahelp and Desert Organic Solutions.
Mayor Pro Tem 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.
Motion to 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.
Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 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.
(Approved)
Motion to 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 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.
Moved by Mayor Pougnet, seconded by Councilmember Weigel.
Vote to 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 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.
(Approved)
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
Staff Report Item 4.B.
Thomas Wilson, Assistant City Manager, provided an updated on the Museum Market Plaza Specific Plan progress.
No action taken.
5. NEW BUSINESS:
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
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