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HomeMy WebLinkAbout29A - MMD ENFORCEMENT UPDATEi ,410111 ON I 111111F.11" 9 CITY COUNCIL MEETING DATE: APRIL 21, 2015 CLERK OF COUNCIL USE ONLY: TITLE: I APPROVED RECEIVE AND FILE THE MEDICAL MARIJUANA 0 As Recommended As DISPENSARY ENFORCEMENT PLAN UPDATE E3 OrAmended REPORT [] Ordinance on 9" Reading � Ordinance on 2nd Reading (STRATEGIC PLAN NO, 1, 1) 0 Implementing Resolution C7 Set Public Hearing For Receive and file the Medical Marijuana Dispensary Enforcement Plan update report. D Si CUSSION On November 4; 2014, the voters of the City of Santa Ana approved Measure BB (Ordinance No. NS -2884) to regulate the establishment, operation and taxation of Medical Marijuana Collectives and Cooperatives. On November 18, 2014 and in response to the voter approved measure, the City Council approved the Medical Marijuana Dispensaries (MMD) Enforcement Plan to effectively provide for the closure of illegal medical marijuana dispensaries and to ensure the monitoring of permitted collectives /cooperatives operating legally under Measure BB. Since the adoption of Ordinance NS -2884, the City's Planning and Building Agency, Police Department, and the City Attorney's Office have been working collectively on the implementation and enforcement policies of Measure BB, As adopted last November, the various forms of enforcement include the investigation of illegal medical marijuana dispensaries, the regulation of permitted medical marijuana collectives /cooperatives, the imposition of administrative fines when appropriate, and the disconnection of utilities when warranted. In addition to issuing citations for violations of the law, the Santa Ana Police Department has participated in the implementation of Measure BB and will complete undercover Investigations related to illegal medical marijuana collectives and cooperatives, seek the apprehension of criminals, and sere illegal contraband. Since February 2015, the Santa Ana Police Department's medical marijuana task force, in collaboration with the Community Preservation Division, has investigated and closed six illegal marijuana grow operations and seized an estimated $8 million of marijuana. 29A -1 Medical Marijuana Dispensary Enforcement Plan April 21, 2015 Page 2 Over the past six months, as a follow -up to Community Preservation initiated enforcement efforts, the City Attorney's Office has negotiated the closure of various illegal medical marijuana dispensaries and gained the cooperation of property owners to evict dispensaries. As a result of these efforts, the City has recouped enforcement costs of over $50,000. The City Attorney's Office will continue its efforts of filing criminal prosecutions and civil lawsuits to obtain compliance with the law and seek fines, civil penalties, and attorneys' fees to recoup costs as allowed by law. City staff has worked diligently, cooperatively, and effectively to implement and enforce the voter approved measure and the enforcement plan and will continue Its efforts to close illegal medical marijuana dispensaries. STRATEGIC PLAN ALIGN EN This item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic/ pedestrian /bicycle safety). FISCAL IMPACT There is no fiscal impact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department Sonia R. Carvalho City Attorney Vince Fregoso, A4P Interim ExeCUtiVdUF06t0r Planning & Building Agency 29A -2