65A - RPT - REGARDING MEDICAL MARIJUANA INITIATIVE

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businesses. One business closed to find a more suitable location because of the nuisance activity and another in the same complex threatens to move out. A business owner at this address writes: "The smell is the primary issue, but other problems arise from having such a business in our building. The "Clients" of the tenants tend to loiter and leave trash in front of my unit. They all tend to be relatively younger and most of them tend to dress in gangster style which is offensive for the clients that I have." (Letter from business owner) 3. 826 N. Bristol St. - Officers respond to a complaint of prostitution activity. During the investigation it is determined that the location is operating as a dispensary. 4. 1616 E. Fourth St., 1621 E. 17th St., 705 W. 17th St. - Burglary of dispensaries. 5. 1611 E. 17th St. - Business owner upset because two dispensaries are located near her business and has seen an increase of graffiti, trash, and "weird" people. Owner is deeply distressed and planning to move her business out of the city. Initiative -Specific Impacts: Section 18-610 (a) 3: establishes a purely ministerial process 2 which inhibits police and code enforcement staff from acting proactively by leaving no room for additional mitigation measures which would be designed to address known public safety and public nuisance issues. The failure to address these foreseen and potentially preventable issues will lead to increased Police Department and Code Enforcement activity that, given existing resources, could impact services available to the rest of the community. Section 18-610 (a) 5_Lc): prohibits the Police Department and Code Enforcement and its staff from using City resources to assist in the enforcement of federally controlled substance laws to the extent they are inconsistent with California medical marijuana laws. Section 18-610 (a) 5 (d): prohibits the Police Department and Code Enforcement from accepting Federal funding or participating in any task force that accepts Federal funding ` Ministerial duty refers to the official duty of a public officer or official wherein the officer or official has no room for the exercise of discretion, and the performance being required by direct and positive command of the law. The powers and duties of public officers or officials are, in general, classified as ministerial or d discretionary. The character of a duty as ministerial or discretionary is to be determined by the nature of the act to be performed, and not by the office of the performer. Official duty is ministerial when it is absolute, certain, and imperative, involving merely execution of a specific duty arising from fixed and designated facts; that a necessity may exist for the ascertainment of those facts does not operate to convert the act into one discretionary in its nature. 16 65A-22