65C - RPT - MMD ENFORCEMENT PLAN

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MEMORANDUM (9 To: Mayor and City Council Date: November 13, 2014 From: David Cavazos, City Manager Subject: IMPLEMENTATION OF MEASURE BB — MEDICAL MARIJUANA DISPENSARY PERMITS This memo has been developed in coordination with the City Attorney's Office and provides an update on the implementation of Measure BB. Since the adoption of Measure BB on November 4, 2014 a number of questions have arisen about the ordinance, whether near -term changes can be made to it, how the new ordinance will be implemented, and whether the applicant qualifications and operational standards will address public safety concerns. This memo will address each of these questions. The ordinance; including the qualification, registration and selection process, were developed after extensive research and City Council input including: 1. Consulting with experts involved in developing medical marijuana legislation here in California and other states; 2. Researching processes used in other cities that regulate medical marijuana, including the cities of Berkeley, Long Beach, Los Angeles, Palm Springs, Phoenix, AZ, Oakland, San Diego, and others and; 3. Numerous meetings among staff to ensure a rigorous application process. Voter Approved Ballot Measure The City has a legal duty to enforce a voter - approved ballot measure. Cases have suggested that a City Attorney has a duty to enforce a voter - approved measure even while seeking a judicial determination in a post - election challenge. As members of the City Council have noted, the adopted measure includes language reserving the right of the City Council to make future amendments without voter approval (Measure BB — Section 6). However, the primary intent of this section is to allow for updates to the ordinance to ensure that the City remains in compliance with state and federal laws, as well as to allow for the ability to make adjustments to the ordinance should experience gained during its implementation indicate the need to do so. At this time, we have no recommended changes to the ordinance. Mandated Processing Timeline Measure BB mandates a strict processing timeline. Regardless of any challenges to the Measure, the City must proceed with implementation. Staff will bring an enforcement plan before the City Council on November 18, 2014 and there will be several follow -up items, such as the establishment of application fees, which will be brought before the Council on December 16, 2014. Certification of the election results, including Measure BB, will be considered by the City Council on December 9, 2014, 1 65C -7