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Councilmember Cook-Kallio noted the best case scenario would be for the church and the community to be able to come to consensus. She would like to see both parties work on that and bring something back to the Council. She doesn't think that what the Council approved was perfect, but in her mind it was her only choice. Councilmember Sullivan noted the City tried to bring the church and the community together to work collaboratively and it didn't happen. The City tried very hard to make that happen. If they want to try again, he would be for that. Mr. Roush noted, assuming the church decides to proceed with the Option 3; staff will look to see if it substantially complies with what Council approved. As long as it substantially complies, it will be processed at a staff level. Pulled Item from Consent Calendar: 8. Waive second reading and adopt Ordinance No. 1948 approving the application of Peter Shutts/Goble Properties for Planned Unit Development approval, as filed under Case PUD-85-10-7M Phil Blank addressed the City Council and noted the Planning Commission restriction of the fryer/grill was not intended to be an undue burden on the applicant. He advised that every coffee house that has been approved or proposed in the last 3 years has had this restriction. This unanimous decision by the Planning Commission was made so that there wouldn't be any future ambiguity as to what they could place on this property. He noted a good zoning code does not necessarily make a good planning code, especially when PUD's are involved. There does not appear to be a solid legal definition of a "fast food restaurant" especially if there is no drive-through associated with it. He noted the Planning Commission has used the CUP process to deal with this issue. He asked that the Council reconsider reinstating the original conditions of approval. Council discussion ensued regarding having flexibility as they relate to regulations with fast food restaurants. Council suggested staff look into what the City of St. Helena uses in terms of a definition. Mayor Hosterman clarified, for this project, if anything develops other than a Pate's Coffee on that site, the Council would like to know about that. Motion: It was m/s by Thorne/McGovern, to approve the second reading and adoption of Ordinance No. 1948. Motion passed by the following vote: Ayes: Cook-Kallio, McGovern, Sullivan, Thome, Mayor Hosterman Noes: None Absent: None PUBLIC HEARINGS AND OTHER MATTERS 12. Continued to April 17, 2007 -Public Hearing: Status report regarding community needs for medical marijuana, Alameda County's Identification Card Program, dispensaries within the County, and effects of dispensaries operating in other jurisdictions, and consider introduction of an Ordinance to add a new Chapter 6.18 to the Municipal Code to prohibit the operation of medical marijuana dispensaries City Council Minutes 4 April 3, 2007