DATE:
April 16, 2024
TO:
Mayor and Council Members
Chair and Board Members, Hesperia Water District
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Community Development Commission FROM:
Rachel Molina, City Manager
BY:
Melinda Sayre, Deputy City Manager/City Clerk
Jacquelyn Castillo, Management Analyst
SUBJECT:
AB1684 Impact on Commercial Cannabis Enforcement
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2024-04 amending Title 1 – General Enforcement Procedures, Title 8 – Public Nuisances, and Title 16 – Land Uses, of the Hesperia Municipal Code related to illegal commercial cannabis activities.
Adopt Resolution No. 2024-09 amending the City-Wide bail schedule related to administrative enforcement of cannabis activities.
BACKGROUND
In October 2023, California Governor Newsom signed Assembly Bill 1684. The bill enacts the following:
Expands authorization for ordinances providing for immediate imposition of administrative fines or penalties to include all illegal commercial cannabis activity (including cultivation, manufacturing, processing, distribution, or retail sale of cannabis).
Authorizes ordinances to declare illegal commercial cannabis activity a public nuisance.
Prohibits ordinances from imposing immediate administrative fines or penalties exceeding $1,000 per violation and $10,000 per day.
Authorizes ordinances to impose administrative fines or penalties on property owners and each owner of occupant business entities engaging in illegal commercial cannabis activity, and to hold them jointly and severally liable.
Authorizes local agencies adopting ordinances authorized by this law to refer a case involving illegal commercial cannabis activity to the Attorney General.
ISSUES/ANALYSIS
California Government Code, Section 53069.4 is now amended to limit fines to $1,000 per violation and $10,000 per day. Hesperia currently imposes a $15,000 per violation fine (for illegal commercial cannabis) which will no longer comply with the state’s law. Staff is recommending an amendment to the City’s bail schedule to comply with the state law.
There is also new language that appears to limit who can be cited. Currently, the City can cite any person that fits the City’s definition for “responsible person” which is a broad definition. This means that the City will cite anyone located on the property that appears to be allowing the cultivation (e.g., gardener, roommates, etc.). Staff recommends amending the City’s enforcement laws to declare all illegal commercial cannabis activity a public nuisance, and to more specifically define “responsible person” as the property owner and each owner of the occupant business entity engaging in illegal commercial cannabis activity.
FISCAL IMPACT
Adoption of this resolution will allow the City to continue to collect fees that adequately recover costs based on services provided and align with State requirements.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
ATTACHMENT(S)
1. Ordinance No. 2024-04
2. Exhibit “A” Title 1 - Chapter 1.04, Section 1.04.050 – Definitions
3. Exhibit “B” Title 8 – Chapter 8.32 Public Nuisances
4. Exhibit “C” Title 16 – Article XIV – Cannabis Related Uses and Prohibited Activities
5. Resolution No. 2024-09
6. Bail Schedule with Exhibit “A” attached
Page PAGE 2 of NUMPAGES 2
Staff Report to the City Council
AB 1684 Impact on Commercial Cannabis Enforcement
April 16, 2024
City of Hesperia
STAFF REPORT