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File #: 19-0236    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 5/21/2019 Final action:
Title: Consider Authorizing: (1) Letter Opposing AB 1356, which will Require Cities to Issue a Minimum of One Retail Cannabis License if More than 50 Percent of the Voters of that City Voted in Favor of Proposition 64; (2) The Support of Litigation Challenging the State Pre-emption of Local Control Over Cannabis Delivery; and (3) Letter Opposing AB 1568, which will Prohibit Cities from Applying for State Grant Funds if that City is in Non-compliance with State Housing Mandates (City Manager Moe). AUTHORIZE (1), (2) AND (3)
Attachments: 1. Assembly Bill 1356, 2. Draft Letter of Opposition - AB 1356, 3. Assembly Bill 1568, 4. Draft Letter of Opposition - AB 1568
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
George Gabriel, Senior Management Analyst

SUBJECT:Title
Consider Authorizing: (1) Letter Opposing AB 1356, which will Require Cities to Issue a Minimum of One Retail Cannabis License if More than 50 Percent of the Voters of that City Voted in Favor of Proposition 64; (2) The Support of Litigation Challenging the State Pre-emption of Local Control Over Cannabis Delivery; and (3) Letter Opposing AB 1568, which will Prohibit Cities from Applying for State Grant Funds if that City is in Non-compliance with State Housing Mandates (City Manager Moe).
AUTHORIZE (1), (2) AND (3)
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council: (1): staff to prepare and send letters opposing Assembly Bill 1356 and Assembly Bill 1568; and (2) direct the City Attorney to support the litigation.
Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended actions. There would be an impact if the City Council authorizes more than the recommended non-financial support in the litigation challenging state preemption of local control over cannabis deliveries.

BACKGROUND:
The Manhattan Beach City Council periodically reviews bills, initiatives, litigation or legislation pending in other governmental agencies. The purpose is to consider outlining the position of the City Council on priority issues and matters that impact the City's ability to operate effectively, promote City interests and protect local authority.

1. Assembly Bill 1356
Authored by Assembly Member Phil Ting (D-19-San Francisco), Assembly Bill 1356 will, if adopted, preempt local land use authority related to retail commercial cannabis activity.

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as "Proposition 64" at the November 8, 2016, statewide general el...

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