CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
4/12/2022
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
HANNAH SHIN-HEYDORN
CITY MANAGER
SUBJECT:
REPORT ON CITIES THAT APPROVED CANNABIS OPERATIONS WITHOUT A
BALLOT MEASURE
Summary:
At the City Council meeting of February 22, 2022, Council Member Wilson requested and Council Member Copeland seconded the placement of a discussion item regarding the following for a future agenda: City Attorney report on cities that approved cannabis operations without a ballot measure. At the City Council meeting of March 22, 2022, by a 3-2 vote with Vice Mayor Hansen and Council Member Woods dissenting, the item was approved for placement on a future agenda.
Tonight, the City Council will consider directing the City Attorney to produce a report on a subset of California cities that have approved cannabis operations without a ballot measure.
Recommendation:
If the City Council desires the City Attorney produce a report, provide direction on the specific scope to be covered and the manner in which the City Attorney is to provide the report and findings to the City Council (i.e., written memo, verbal presentation, or combination of both).
Fiscal Impact:
The fiscal impact to produce the report will be dependent upon the direction set by the Council.
Staff anticipates sufficient funds are available in Executive Administration - Legal Services (Account No. 100-44-5410) as approved in the adopted Fiscal Year 2021-22 Operating Budget.
Strategic Plan Objective:
N/A
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4/12/2022
Background and Analysis:
The basic legal standard that governs local action, Article 11, Section 7 of the California Constitution states that “[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” In other words, local governments have the power to adopt ordinances that promote and protect public health, safety, and general welfare. In general, California cities have authority to adopt local ordinances so long as there is no express or implied preemption under State law.
State law allows local governments to regulate commercial cannabis activities in their respective jurisdictions. This can be accomplished by a voter initiative or by a City-adopted ordinance. Some cities that have utilized ordinances have adopted both land use ordinances as well as regulatory ordinances. Land use ordinances generally contain development standards such as allowed locations, minimum separation requirements among other provisions. Regulatory ordinances generally relate to licensing, permitting, security requirements, and operational requirements among other provisions. It is important to note that taxes may not be set by ordinance but must be approved by the voters.
Reviewed:
_________________________
Sharon del Rosario
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