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Home My WebLink About2005-12-24MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL SATURDAY, DECEMBER 24, 2005 — 11:00 A.M. CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson convened the meeting at 11:00 a.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Excused Absence: Councilman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, City Clerk Craig Kilday, Chief of Police, Palm Desert Police Dept./Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jean M. Benson IV. INVOCATION - Mayor Pro Tem Richard S. Kelly V. ORAL COMMUNICATIONS None VI. NEW BUSINESS A. REQUEST FOR ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING ATEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Mr. Hargreaves explained that the subject ordinance instituted an initial 45-day moratorium to allow the City time to discuss the potential ramifications of marijuana dispensaries proposed under the Compassionate Use Act. He said other cities that had these dispensaries experienced certain negative secondary impacts; therefore, a regulatory environment is appropriate. The City needs time to work with the County and look at the experience of other cities; and there were some additional legal complications, given the discrepancy between Federal and State law, which MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 24, 2005 also required study. The moratorium would provide the City with a chance to look at all the different aspects and return with regulations appropriate to the City of Palm Desert that he anticipated would conform to the Compassionate Use Act and ensure the City's general welfare. Further, he pointed out that the initial part of the moratorium needed to be adopted by a four -fifths vote, and within the 45-day period, the City would either come back with a set of regulations or a recommendation to extend the moratorium for up to a year. He said if it was necessary, the moratorium could actually be extended another year beyond that for two years total. In response to question about the County's moratorium deadline, Mr. Hargreaves believed it was April. He went on to say that under State Legislation adopted pursuant to the Compassionate Use Act, the County was developing its own regulatory structure with permits and identification cards. He said it was hoped that Palm Desert's regulations could be tailored to fit within the County's. MS. SUSAN MARIE WEBER, resident of Palm Desert, expressed appreciation to the City Council for considering this issue. She offered to provide the City with assistance in sorting it out along with Mr. Swerdlow. MR. PIERRE WERNER said he was opposed to the temporary moratorium. He noted that the City Council voted down a moratorium in October and allowed the Hempie's dispensary to remain open. When that occurred, he made plans to move to Palm Desert from Nevada, leasing a retail location and applying for a business license here on November 18. He said he was observing a self-imposed moratorium, waiting to open until he receives his business license. He noted that he'd received a copy of the City's proposed operating standards and if allowed, he would implement these standards, and any others that the City Council might adopt, effective immediately. Further, he wanted to address the Mayor's concerns, in that his operation would not be a one -stop marijuana shop for anybody who wants to get high. He planned to operate a medical marijuana -only collective, having been a medical marijuana patient in the State of Nevada for three years, and having nothing to do with recreational marijuana. Additionally, he planned to meet with Indian Wells City Councilman Rob Bernheimer at the beginning of the new year to discuss the same operating standards. He remarked that it had been nearly 10 years since California voters passed Proposition 215, The Compassionate Use Act, and 10 other states had joined in by passing similar medical marijuana laws, including his home state of Nevada. He hoped to be able to follow Palm Desert's lead in its adoption of the proposed operating standards that would set an example for other cities and states. He thanked the City Council for helping to protect civil liberties, hoped a cooperative approach could be utilized, and that his appearance today in opposition to the moratorium would result in the same courtesy shown to Hempie's. 2 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 24, 2005 MR. LANNY SWERDLOW hoped the City received the changes he proposed for the draft ordinance; he supported the moratorium with those changes. He said after the Council's last consideration of this issue in October, he was concemed that other dispensaries would start coming in, and the City would panic while it was working to develop regulations. Therefore, at that time he immediately called Mayor Crites to share his concern and suggest a moratorium. He said Mayor Crites asked him to write one, which he did. He was in full support of the measure being considered today and commended the City Council for taking this step. He related that some said after Proposition 215 was passed that California voters were fooled; he disagreed, believing instead that the voters knew exactly what they were doing but expected their State and local governments would carry it out in an orderly and reasonable fashion. However, that didn't happen — nothing happened to implement Proposition 215 until the passage of Senate Bill 420, which went into effect in January 2004. He was very pleased that the Palm Desert City Council was now doing its part on behalf of the voters of Califomia; he supported these efforts and offered to be of assistance at any time during this process. With no further public testimony offered, Mayor Ferguson commented that he had a couple of technical amendments to propose for the ordinance, along with a couple of others submitted by Mr. Swerdlow. He remarked that the City probably should have done a similar ordinance last October where staff,.s directed to begin working on a permanent regulation, so it amounted to a hquse_keeping matter at this time. He went on to say in large part, the moratorium mirro the County's with the exception of a couple of points. First, resolution ofhhe F‘d&►a! and State conflicts, as it was unlikely Palm Desert would be able to decide that issue; it would be done at a higher level of government, but it was currently a -)and uae concern for the City. Secondly, the subject ordinance was crafted to be as coptent-neutral a moratorium as possible, neither supporting nor opposing medical marijuana. He outlined the proposed amendments: — Page 2, Section 1.(D)(1), being changed to read, "Some California cities that have permitted the establishment of medical marijuana dispensaries claim that such dispensaries have resulted...," as it was not yet determined what the actual negative impacts were in other cities, if any. — Page 2, Section 1.(B) being changed to read, "For purposes of this ordinance the term 'medical marijuana dispensary' shall mean any facility where marijuana is dispensed for medical purposes in accordance with...," deleting the words "for a profit," as State law already prohibits making a profit. — Page 3, Section 1.(D)(7), line 7 being changed to read "...medical marijuana dispensaries in the City, pending completion of the City's study of the potential impacts of medical marijuana dispensaries, and possible amendments to 3 MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL DECEMBER 24, 2005 — the City's zoning ordinances," since it was unknown when or if the conflicts between Federal and State law would be resolved. Councilman Spiegel moved to waive further reading and adopt Interim Urgency Ordinance No. 1106 with the aforementioned amendments. Motion was seconded by Kelly and carried by a 4-0 vote, with Crites ABSENT. VII. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting at 11:16 a.m. ATTEST: RACI IELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA 4