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HomeMy WebLinkAbout29A - UPDATE ON MEASURE BBREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2015 UPDATE ON MEASURE BB ENFORCMENT EFFORTS AND COSTS (STRATEGIC PLAN NO. 1; 4; 5) CITY MANAGER mrr�. i..wi.00 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the update on Measure BB enforcement efforts and costs. DISCUSSION On November 4, 2014, the voters of the City of Santa Ana approved Measure BB (Ordinance No. NS -2864) to regulate the establishment, operation, and taxation of Medical Marijuana Collectives and Cooperatives. On November 18, 2014, 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. On February 17, 2015, the City Council approved an appropriation adjustment recognizing $880,580 in Medical Marijuana Registration Application and Regulatory Permit revenue to fund the Medical Marijuana Dispensaries Enforcement Plan. As approved, the MMD Enforcement Plan required additional staffing in various departments that work collaboratively to ensure ongoing compliance of the operational standards established under Measure BB. The additional staffing is comprised of one Police Sergeant and five Police Officer positions in the Police Department, two Community Preservation Inspector positions in the Planning and Building Agency, one Revenue and Contract Compliance Examiner position in the Finance & Management Services Agency, and one Assistant City Attorney position and funding for contractual services in the City Attorney' s Office. The appropriation adjustment funded five months (February through June 2015) of MMD Enforcement Plan operations of which $464,044 (or 53 %) has been expended thus far. The FY 2015 -16 proposed budget includes funding to continue the MMD Enforcement Plan operations. The MMD Enforcement Plan process is initiated by the Planning and Building Agency Community Preservation Division through research and field inspections to confirm the existence of illegal dispensary operations. Following confirmation, Community Preservation communicates directly 29A -1 Update on Measure BB Enforcement Efforts and Costs June 2, 2015 Page 2 with the taskforce members in the Police Department and City Attorney's Office to determine the appropriate enforcement action, which includes notifications and follow -up phones calls with property owners and may escalate to warrants for possible criminal charges. Through a collaborative effort to determine the appropriate enforcement action, compliance is achieved effectively allowing more time and resources to be dedicated on illegal dispensaries unwilling to comply. Members of the Medical Marijuana Dispensary Task Force (MMDTF) meet formally on a weekly basis and communicate daily. This consistent communication and collaboration has formed a well- organized team, which has proven to be effective. The mutual efforts have provided an enforcement plan that is progressive, balanced, and flexible. Because of this approach, the Task Force can implement an enforcement plan ranging from voluntary closure to search warrant service in support of criminal charges. As a result of the collective efforts conducted by each of the respective departments, the MMDTF has accomplished the following enforcement activities: • Approximately 50 community complaints have been received and addressed • 46 of the 87 illegal dispensaries (53 %) have been closed • Eleven (11) search warrants have been prepared and served • Seven (7) marijuana cultivation operations have been located and closed • Twenty -six (26) individuals have been arrested $11.6M in marijuana product seized • Approximately $130,000 US Currency seized from illegal dispenses • $48,000 in enforcement costs recovered from illegal dispensaries Community Preservation has also played a critical role when addressing grow operations by issuing of Notice & Orders, identifying utilities to be disconnected, and red tagging properties to ensure that they are brought back into code compliance. As of the date of this staff report, all properties where illegal marijuana grows were ceased remain vacant. 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. 29A -2 Update on Measure BB Enforcement Efforts and Costs June 2, 2018 Page 3 Approval of this Item supports the Clty's efforts to meet foal # 1 Community Safety, Goal # 4 City Financial Stability, and Coal # 8 Health, I Ivablllty, Engagement & Sustainabllity, FISCAL IMPACI There is no fiscal impact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department Vince Q. Frego�! , AICP Interim Cireotor df tk�e Planing & Building Agency Sonia R, Carvalho City Attorney 29A -3 29A -4