REPORT TO THE CITY COUNCIL
FROM: ANDREW JANZ, City Attorney
Office of the City Attorney
BY: ERICA CAMARENA, Chief Assistant City Attorney
Office of the City Attorney
SUBJECT
Title
Approve a Memorandum of Understanding between the City of Fresno and the California State Office of the Attorney General (OAG) to develop a Cannabis Administrative Prosecutor Program (CAPP).
Body
RECOMMENDATION
It is recommended Council approve the attached Memorandum of Understanding (MOU) to authorize the City to integrate the resources of the OAG with the powers the City has, to undertake speedy and efficient enforcement actions against illegal land uses that constitute public nuisances.
EXECUTIVE SUMMARY
The OAG seeks to partner with the City to leverage the unique powers and tools the City has to enforce zoning ordinances, abate public nuisances, and provide resources to maximize the effectiveness of these enforcement tools. A CAPP can be implemented by entering an agreed upon MOU.
BACKGROUND
The OAG has long been concerned about the impacts of unlicensed commercial cannabis activity to California's residents, environment, and those who endeavor to operate legally. The OAG believes this is a statewide problem that cannot be addressed by any one agency or through the adoption of a single enforcement strategy. For this reason, Attorney General, Rob Bonta, has authorized the implementation of the CAPP.
Through CAPP, the OAG seeks to partner with the City to provide investigative and administrative prosecutorial resources to implement or expand already existing expedited administrative enforcement programs within the City, to specifically address illegal cannabis cultivation, manufacturing, distribution, and retail operations. The OAG's staff will work with and on behalf of the City to undertake administrative enforcement to address unlicensed cannabis activity as a public nuisance and to recover the costs of enforcement. The OAG believes a joint effort be...
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