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with all claims, damages, attorney’s fees, costs and allegations arising from or in any way related to the operation of the commercial cannabis operation; and, to reimburse the City for any costs and attorney’s fees that the City may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action.
E. Upon successfully completing the review process, the permit application shall be deemed compliant and eligible for review under Section 5.26.090, unless the City Manager finds:
1. The applicant has made one or more false or misleading statements or omissions, either on the written application or during the application process; or
2. A proposed location for the commercial cannabis operation is not allowed by state or local law, statute, ordinance, or regulation (including this Code); or
3. The applicant has not satisfied each and every requirement of this chapter and Code; or
4. The applicant is not in compliance with applicable state law, including, but not limited to, applicable requirements and minimum standards of the Adult Use of Marijuana Act of 2016 (AUMA) (Proposition 64), the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017 (MAUCRSA) and any applicable State regulations; or
5. Based upon the background check provided under Section 5.26.070(B)(2)(d), it is determined that an employee has been convicted within the last ten years of a felony substantially related to the qualifications, functions or duties of an employee of a commercial cannabis operation (such as a felony conviction for distribution of controlled substances, money laundering, racketeering, etc.), provided that this shall not apply where such employee has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted; or
6. Based on the information set forth in the application and the City Manager’s review, the City Manager may impose, as a condition of being deemed compliant and thereby eligible for review under Section 5.26.090, reasonable terms and conditions on the use of the permit, in addition to those specified in this chapter, to ensure the safe operation of the commercial cannabis operation, and to ensure the health, safety and welfare of the residents and visitors of the City of South El Monte.
F. At the City Manager’s sole discretion, the time limits in this Section may be extended upon written notification from the City Manager to the applicant.
Sec. 5.26.090 - Issuance of commercial cannabis operation permit.
A. Issuance of a Commercial Cannabis Operation Permit constitutes a revocable privilege and shall not create or establish any vested rights for the development or use of a property. The City may determine that it is in the best interests of the health, safety and welfare of the residents and visitors of the City of South El Monte that no Commercial Cannabis Operation Permits are to be granted by the City. Further, nothing herein shall restrict the City of South El Monte from denying/rejecting all applications and restarting the application submittal process with new application deadlines.
B. Upon City Manager’s determination that an applicant is compliant with the requirements of this chapter, this Code, and applicable state law (and thereby eligible for review by the
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City Manager), the City Manager shall promptly prepare for the application a written Merit List.
C. A Merit List shall detail and rank in writing the thoroughness of an applicant’s adherence to the following criteria, as they relate to the maintenance and promotion of the health, safety and welfare of the residents and visitors of the City of South El Monte:
1. Operation plan for the business, including attention to community concerns about the impact of the business.
2. Security plan for the business, including details for the non-diversion of cannabis or cannabis products to illegal uses.
3. Health and safety plan for the business, including enhanced product and operations health and safety.
4. Impact on the environment.
5. Neighborhood compatibility.
6. Employment opportunities for City of South El Monte residents.
7. Economic benefits to the City of South El Monte.
8. Community benefits to the City of South El Monte.
9. Experience of the owners, managers, and employees.
10. Capitalization of the business.
11. Requirements of this chapter, this Code and applicable State law.
12. Whether the applicant has proposed entering into a community benefit agreement with the City pursuant to Section 5.26.130.
13. Any additional criteria the City Manager determines is of benefit to making a determination of the applicant’s commitment to the health, safety and welfare of the residents and visitors of the City of South El Monte.
D. The City Manager shall review each application and, within a reasonable amount of time after finding the application to be compliant with this chapter and applicable state law, the City Manager shall then submit a written analysis of each application in relation to the Merit List to the City Council for its review as to whether the requested Commercial Cannabis Operation Permit shall be issued. The City Manager’s analysis shall use the criteria contained within Section 5.26.090(C).
1. Factors to be considered and analyzed shall include the written Merit List, as well as all pertinent evidence timely submitted (at the determination of the City Manager) by the applicant, the public, and interested parties. No pre-determined weight shall be given to one criterion or another.
2. Each application shall be considered in its totality with weight given to one criterion over another as determined appropriate by the City Manager to further the maintenance and promotion of the health, safety and welfare of the residents and visitors of the City of South El Monte.
3. Upon conclusion of this review, the City Manager shall provide a written analysis of each application to the City Council to consider as to whether or not a permit should be issued. The written analysis shall analyze each application in relation to and refer to Merit List criteria.
E. The City Council shall make a final determination in writing, within a reasonable amount of time after receipt of the City Manager’s written analysis, whether an applicant shall be
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issued a Commercial Cannabis Operation Permit.
1. Factors to be considered shall include the written Merit List, as well as all pertinent evidence timely submitted (at the determination of the City Council) by the applicant, the public, and interested parties. No pre-determined weight shall be given to one criterion or another.
2. Each application shall be considered in its totality with weight given to one criterion over another as determined appropriate by the City Council to further the maintenance and promotion of the health, safety and welfare of the residents and visitors of the City of South El Monte.
3. Prior to issuance of a Commercial Cannabis Operation Permit, the City Council shall make the following findings:
i. The proposed location of the Commercial Cannabis Operation is in accord with the objectives of this chapter.
ii. The proposed Commercial Cannabis Operation is consistent with all applicable law, including without limitation this Code. iii. The proposed location of the Commercial Cannabis Operation and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
iv. The architecture proposed is compatible with community standards and protects the character of adjacent properties.
4. Notice of the written determination shall be provided promptly to the applicant upon final determination. The determination shall articulate reasons in writing for the final determination and refer to Merit List criteria. The determination shall be final.
5. The City Council may adopt further permit issuance procedures by resolution.
F. The City Council may impose reasonable terms and conditions on the use of the permit, in addition to those specified in this chapter, to ensure the safe operation of the commercial cannabis operation, and to ensure the health, safety and welfare of the residents and visitors of the City of South El Monte.
G. As determined appropriate by the City, multiple qualified applications for Commercial Cannabis Operation Permits may be considered at the same time, for reasons including but not limited to comparison of applicants for limited permits using the criteria contained within Section 5.26.090(C). The permit process timelines provided by this chapter may be modified by the City to facilitate such review of multiple applications.
Sec 5.26.100 - Renewal of commercial cannabis operation permit.
A. Issuance of a Commercial Cannabis Operation Permit constitutes a revocable privilege and shall not create or establish any vested rights for the development or use of a property. The
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City may determine through the procedures provided in this chapter that for reasons of the health, safety and welfare of the residents and visitors of the City of South El Monte that a Commercial Cannabis Operation Permit will not be renewed.
B. Commercial Cannabis Operation Permits issued pursuant to this chapter shall automatically expire one year from the date of issuance, unless specifically provided for otherwise by this chapter.
C. The following procedures shall govern the process for the renewal of a Commercial Cannabis Operation Permit:
1. A holder of a Commercial Cannabis Operation Permit may apply for the renewal of an existing permit no less than 60 days prior to the permit’s expiration date upon a form provided by the City and shall pay a filing fee as established by resolution adopted by the City Council as amended from time to time.
2. Renewal applications shall comply with all of the requirements in this chapter for applying for a new Commercial Cannabis Operation Permit. At the discretion of the City, renewal applications may consist of updating any changes to an original application or previous renewal application.
3. The City Manager will review permit renewal applications and make a determination as to whether the commercial cannabis operation has remained in compliance with all the requirements of this chapter and State law during the prior term of the permit. If the City Manager determines that the commercial cannabis operation has not remained in compliance with all requirements of this chapter and State law during the prior term of the permit, then the permit renewal application shall be denied.
4. If the City Manager determines the commercial cannabis operation has remained in compliance with all the requirements of this chapter and state law during the prior term of the permit, the permit renewal application shall then be subject to the requirements of Section 5.26.090 (including the attendant preparation of a Merit List applicable to the prior term’s operations), and the City Manager shall draft a written Merit List. The City Manager shall provide a written analysis of each application in relation to the written Merit List and recommend to the City Council in writing whether the permit should be renewed. The City Council shall review the recommendation and then make a final decision on whether to grant an application for a permit renewal. Prior to the grant of any permit renewal, the City Council shall make the findings provided in Section 5.26.090(E)(3). The City Council’s decision shall be final.
5. If the holder of a Commercial Cannabis Operation Permit files a renewal application less than 60 days prior to expiration, the holder must provide a written explanation detailing the circumstances surrounding the late filing. The City Manager may deny the untimely application after review of the explanation. If the City Manager accepts the application, then the City Manager may elect to administratively extend the permit beyond the expiration date while the City Manager completes the renewal permitting process. Untimely applications for renewal which are nevertheless accepted by the City Manager pursuant to this section are subject to a late penalty. The City Manager’s decisions made hereunder
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shall be final.
D. A Commercial Cannabis Operation Permit is immediately invalid upon expiration if the permit holder has not filed a timely and/or accepted renewal application and remitted all of the required renewal fees. In the event the permit is not renewed prior to expiration, the affected commercial cannabis operation shall cease operation upon the expiration of the permit and is thereafter considered to be unlawful.
Sec. 5.26.110 - General operating standards and restrictions.
A commercial cannabis operation shall operate in conformance with the following minimum standards, and such standards shall be deemed to be part of the conditions on the permit for a commercial cannabis operation to ensure that its operation is in compliance with California law and this Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.
Additional minimum standards may be adopted from time to time either by resolution or ordinance from the City Council, or by the City Manager (upon authorization by resolution from the City Council).
A. State Standards. All state requirements and regulations that govern the operation of a commercial cannabis operation, including but not limited to ones related specifically to certain types of commercial cannabis operations, shall apply as minimum requirements and regulations and requirements for commercial cannabis operations within the City of South El Monte, in addition to the requirements and regulations of this chapter and this Code.
B. Security.
1. General. All cannabis, cannabis products and cash present or kept at the premises shall be securely stored against both unauthorized access as well as theft.
2. Security Cameras.
a. Security cameras shall be installed and maintained in good condition, with at least 30 days of digitally recorded documentation in a format approved by the City Manager and the Police Chief.
b. The camera and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present at the site of the commercial cannabis operation.
c. The cameras shall be in continuous use 24 hours per day, 7 days per week. d. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium approved by the City Manager, such as DVD and/or a USB drive.
e. The areas to be covered by the security cameras include, but are not limited to, the storage areas, operation areas, all doors and windows, the parking lot, all exterior sides of the property adjacent to the public rights of way, and any other areas as determined by the City Manager and Police Chief.
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f. Remote log-in information will be provided to the Operations Officers to allow them to view live and recorded security camera images remotely at any time.
3. Alarm System. The location of the commercial cannabis operation shall be alarmed with a centrally-monitored fire and burglar alarm system, and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with California Business & Professions Code section 7590, et seq. and whose agents are properly licensed and registered under applicable law.
4. Locked Entrances. All entrances into the building housing a commercial cannabis operation shall be locked from the exterior at all times with entry controlled by employees.
5. Windows. All windows on the building that houses the commercial cannabis operation shall be secured against entry from the outside.
6. No employee shall refuse, impede, obstruct or interfere with an inspection conducted pursuant to the authorizations provided by this chapter.
C. Odors.
1. A commercial cannabis operation shall have an air treatment system that ensures off-site odors shall not result from its activities.
2. This requirement at a minimum means that the commercial cannabis operation shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the commercial cannabis operation is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the commercial cannabis operation, if the use only occupies a portion of a building.
D. Authorizations.
1. The Operations Officers shall have the right to enter all areas of the commercial cannabis operation from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all laws of the City and State of California.
2. Recordings made by security cameras required pursuant to this chapter shall be made available to the Operations Officers upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials.
E. Records.
1. Commercial cannabis operations shall maintain on-site the following records either in paper or electronic form:
a. The full name, address, and telephone numbers of the owner and lessee of
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the property.
b. The name, date of birth, address, and telephone number of each employee of the commercial cannabis operation; the date each was hired; and the nature of each employee’s participation in the commercial cannabis operation.
c. Copies of all required state licenses.
d. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to being sold, delivered, or distributed.
e. A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including but not limited to cash and inkind transactions. f. A copy of all insurance policies related to the operation of the commercial cannabis operation.
g. A copy of the commercial cannabis operation’s most recent year’s financial statement and tax return.
h. Proof of a valid and current permit issued by the City in accordance with this chapter, and the equivalent State of California license to operate the commercial cannabis operation. Every commercial cannabis operation shall display at all times during business hours the City permit issued pursuant to the provisions of this chapter, and the equivalent State license, in a conspicuous place so that it may be readily seen by all persons entering the location of the commercial cannabis operation.
2. All records required to be maintained by the commercial cannabis operation must be maintained for no less than three (3) years and are subject to immediate inspection (consistent with requirements pertaining to patient confidentiality pursuant to applicable State and Federal law) upon a lawful written request by an Operation Officer.
3. A commercial cannabis operation shall report any loss, damage, or destruction of these records to the Operation Officers within twenty-four (24) hours of the loss, damage, or destruction.
F. Site Management.
1. Commercial cannabis operations shall not result in a nuisance or adversely affect the health, welfare, or safety of nearby persons by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste. The permittee shall promptly and diligently both prevent as well as eliminate conditions on the site of the commercial cannabis operation that constitute a nuisance.
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2. The Commercial Cannabis Operation permittee shall maintain the exterior of the site, including any parking lots under the control of the permittee, free of litter, debris, and trash.
3. The Commercial Cannabis Operation permittee shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations.
4. Notwithstanding any provisions of this code to the contrary, the Commercial Cannabis Operation permittee shall remove all graffiti from the site and parking lots under the control of the Commercial Cannabis Operation Permittee within 72 hours of its application.
G. State Board of Equalization Seller’s Permit Required.
1. Commercial cannabis operations must obtain a Seller’s Permit from the State Board of Equalization as applicable.
2. Such permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the location of the commercial cannabis operation.
H. Employees.
1. All employees must submit to fingerprinting and criminal background checks by the City.
a. No employee convicted within the last ten years of a felony substantially related to the qualifications, functions or duties of an employee of a commercial cannabis operation (such as a felony conviction for distribution of controlled substances, money laundering, racketeering, etc.) shall be employed by a commercial cannabis operation, unless such employee has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted.
b. At the request of the commercial cannabis operation, the City Manager and Police Chief shall determine the applicability of this section to a potential employee within a reasonable period of time after a written request has been made to the City Manager and Police Chief for such determination.
2. All employees must possess a valid government issued (or equivalent) form of identification containing an identifying photograph of the employee, the name of the employee, the date of birth of the employee, and the residential address of the employee. Color copies of such identification shall be maintained at the location of the commercial cannabis operation. A valid California Driver’s license will satisfy this requirement.
I. Cannabis Transfer Between Permitted Operations Only.
A commercial cannabis operation shall not transfer cannabis or cannabis products to or
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from another commercial cannabis operation, unless both operations are in possession of all required state and local licenses and permits.
J. Commercial Cannabis Operation Signage.
1. Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in this Code.
2. Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with the appropriate sign requirements within the applicable zoning district.
K. Prohibited Personal Activities.
1. Cannabis Use. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the site of the commercial cannabis operation.
2. Alcohol Use. No person shall possess, consume, or store any alcoholic beverage on the site of the commercial cannabis operation.
L. No Minors. No minor shall be an employee of, or participate in, a commercial cannabis operation in any capacity, including but not limited to, as a manager, employee, contractor, adviser, or volunteer.
M. Exterior Lighting. The exterior of the premises upon which the commercial cannabis operation is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot-candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas.
N. Building Design. A Commercial Cannabis Operation permittee must maintain the design of the buildings on the site in accordance with the plans that are approved by the City pursuant to this chapter and otherwise approved by the City. No permittee shall modify the buildings on the site contrary to the approved plans, without the approval of the City Manager.
O. Nuisance. The Commercial Cannabis Operation permittee shall take all reasonable steps to discourage and correct conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if related to the members of the subject commercial cannabis operation.
1. “Reasonable steps” shall include immediately calling the police upon observation of the activity, and requesting that those engaging in activities that constitute a nuisance or are otherwise illegal to cease those activities, unless personal safety would be threatened in making the request.
2. “Nuisance” includes but is not limited to disturbances of peace, open public consumption of cannabis, alcohol or controlled substances, excessive pedestrian or vehicular traffic, including the formation of any pedestrian lines outside the
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building, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.
P. Upon and after receiving possession of a Commercial Cannabis Operation Permit as provided for in this chapter, the Commercial Cannabis Operation Permit holder shall:
1. Immediately update the City Manager in writing upon the change in status of any of the information previously submitted to the City concerning the commercial cannabis operation, including but not limited to when there is any change in the address, email, phone number, or other identifying information, previously provided to the City in compliance with this chapter, for any owner, manager, community outreach manager, property owner, or legal representative of the commercial cannabis operation.
2. Maintain continuing compliance with criminal background check requirements of this chapter by ensuring that:
a. upon the hiring, association or retention of an employee by the commercial cannabis operation, the requirements of Section
5.26.070(B)(2)(d) are immediately met for such employee by provision of appropriate documentation to the City Manager; and
b. the City Manager and Police Chief are immediately informed in writing of any felony conviction as described in Section 5.26.110(H)(1)(a) for any current employee.
3. Maintain continuing compliance with all applicable insurance requirements, including, but not limited to, those imposed by City and this chapter.
Q. Exemption. The regulations contained in this chapter shall not apply to a commercial cannabis operation engaged in the following uses, as long as such use complies strictly with applicable law, including this Code, regulating such use and the location of such use, including, but not limited to, Sections 11362.5, et seq. of the Health and Safety: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; and, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
Sec. 5.26.120 - Retail (medical) operating standards and restrictions.
A commercial cannabis operation engaged in retail (medical) shall operate in conformance with both the General Operating Standards and Restrictions provided for in Section 5.26.110, as well as the following minimum standards, and such standards shall be deemed to be part of the conditions of the permit for a retail (medical) commercial cannabis operation to ensure that its operation is in compliance with California law and this Code, and to mitigate any potential adverse impacts of the commercial cannabis operation on the public health, safety or welfare.
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Additional minimum standards may be adopted from time to time either by resolution or ordinance from the City Council, or by the City Manager (upon authorization by resolution from the City Council).
A. City Permit and State License. No person shall engage in retail (medical) without both a current and valid City Commercial Cannabis Operation Permit issued for retail (medical) as well as a current and valid equivalent state license as provided for under Section 26200 of the Business and Professions Code, and as may be amended.
B. State Standards. All state requirements and regulations that govern retail (medical) operations, including but not limited to the regulations promulgated by the California Bureau of Cannabis Control within the Department of Consumer Affairs, and as may be amended, shall apply as minimum requirements and regulations and requirements for retail (medical) commercial cannabis operations within the City of South El Monte, in addition to the requirements and regulations of this chapter and this Code.
C. Location Restrictions.
1. No retail (medical) operation shall locate or operate in any zone of the City of South El Monte, other than in the Commercial Manufacturing Zone (CM) Manufacturing Zone (M).
2. No retail (medical) operation shall locate within seven hundred (700) feet of a school, day care center, youth center, park, or an alcohol or drug treatment facility.
The distance shall be measured as the horizontal distance measured in a straight line from the property line of one site to the property line of another site.
3. No retail (medical) operation shall locate within seven hundred (700) feet of a residentially zoned property. The distance shall be measured as the horizontal distance measured in a straight line from the property line of one site to the property line of another site.
D. Customers. Retail (medical) operations shall only sell, dispense, or provide medical cannabis or medical cannabis products to a qualified patient with a written physician’s recommendation, a person with an identification card, or a primary caregiver with written documentation attesting to lawful status as a primary caregiver.
E. Opaque Packaging. All cannabis or cannabis products sold to a customer shall be prohibited from leaving the site unless placed in opaque packaging which conceals the nature of the product from human vision.
F. Dispensing and Storage Areas. Entrance to the dispensing area and any storage areas shall be locked at all times, and under the control of employees.
G. Edibles.
1. All edible cannabis products available for sale must be clearly labeled as medical cannabis.
2. No edible cannabis products shall be available for sale which are appealing to children or easily confused with commercially sold candy or foods that do not
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contain cannabis.
3. All edible cannabis products shall be provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary.
4. All edibles cannabis products for sale shall be marked with a universal symbol, as determined by the State Department of Public Health through regulation, pursuant to Section 26130(c)(7) of the Business and Professions Code.
H. Interior Lighting. The premises within which the commercial cannabis operation is operated shall be equipped with and, at all times during which is open to the public, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public or portions thereof are permitted access with an illumination of not less than two foot-candles as measured at the floor level.
I. Signs. A permittee shall display conspicuously in the lobby of the site the following signs, so that each sign may be readily seen by persons entering the site, and each sign must be at least 8 inches by 10 inches in size:
1. “Minors are prohibited from entering this site unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or legal guardian.”
2. “Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited.”
J. No Recommendations On-site. Retail (medical) operations shall not have a physician or any person licensed to recommend medical cannabis for medical use, at the location of the commercial cannabis operation, to provide a recommendation or physician’s recommendation, for the use of medical cannabis.
K. Sanitation. The permittee shall establish and implement written procedures that maintain the highest industry standards of sanitation and cleanliness for the operation so as to ensure cannabis and cannabis products sold to the public are free of harmful contaminants.
L. Training. The permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees.
M. Prohibited Activities. No cannabis cultivation, testing or manufacturing shall occur at the location of the retail (medical) operation.
N. No Alcohol. Retail (medical) operations shall not hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages.
O. No Lounge or Cafe. Retail (medical) operations shall not operate as a lounge, cafe or restaurant serving food or drinks for consumption on-site. There shall be no seating area, tables, couches, or chairs for the gathering or congregating of members.
P. Age Restriction. Minors are prohibited from entering the location of the retail (medical)
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operation unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or legal guardian.
Q. Public Information. The permittee shall make available to customers a list of the rules and regulations governing medical cannabis use and consumption within the City and recommendations on sensible medical cannabis etiquette.
Sec. 5.26.130 – Community Benefit Agreement.
The applicant may propose entering into a community benefit agreement with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the city and its residents and visitors. The terms and conditions of such community benefit agreement may include but are not limited to the items on the Merit List provided under Section 5.26.090(C) Sec. 5.26.140 – Administration.
Further rules, regulations, procedures and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the City Council, by the City Manager, or as further provided by this chapter.
Sec. 5.26.150 - Fees.
An application fee set by resolution of the City Council shall be required for formal processing of every application made under this chapter. The City Council is further authorized to pass resolutions to recover any and all fees and costs incurred by the administration and implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon commercial cannabis operations.
Sec. 5.26.160 - Suspension and revocation.
A. The City Manager is authorized to suspend and/or revoke a Commercial Cannabis Operation Permit issued pursuant to this chapter upon the determination through written findings of a failure to comply with any provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter.
B. The City Manager may suspend or revoke a Commercial Cannabis Operation Permit if any of the following occur, and the suspension or revocation shall be final:
1. The City Manager determines that the commercial cannabis operation has failed to comply with any aspect of this chapter, any permit condition, any agreement or covenant as required pursuant to this chapter, or any other applicable law; or
2. The equivalent State license has been suspended or revoked by the State of California; or
3. Operations cease for more than 180 calendar days (including during any change of ownership, if applicable); or
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4. Ownership is changed without securing a new Commercial Cannabis Operation Permit; or
5. The commercial cannabis operation fails to maintain required security camera recordings; or
6. The commercial cannabis operation fails to allow inspection of the security recordings, the activity logs, the records, or of the site by Operations Officers pursuant to this chapter.
C. Conditions (if any) of suspension or revocation are at the discretion of the City Manager and may include, but are not limited to, a prohibition on all owners, managers and employees of the suspended or revoked commercial cannabis operation from operating within the City for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the City Manager’s determination) for the holder of the suspended or revoked permit to resubmit an application for a Commercial Cannabis Operation Permit pursuant to the requirements of this chapter.
Sec. 5.26.170 – Appeals
Any decision regarding the City Manager’s determination pursuant to Section 5.26.100(C)(3), or suspension or revocation of a commercial marijuana operation permit pursuant to Section 5.26.160 may be appealed to the City Council (unless subject to the provisions of Section 5.58.180) by an applicant, a permit holder or interested party as follows:
A. If the appellant wishes to appeal a decision to the City Council, the appellant must file a written appeal with the City Clerk within ten calendar days of the decision. The written appeal shall specify the person making the appeal, the decision appealed from, shall state the reasons for the appeal, and shall include any evidence in support of the appeal which the applicant seeks to be considered by the City Council.
B. Notice of the time and place of an appeal hearing shall be providing to the appellant within 30 days of receipt by the City Clerk of the written appeal.
C. The appeal hearing shall be held within 60 days of the filing of the written appeal with the City Clerk, unless the 60 day time limit is waived by the appellant, or unless the City Council continues the appeal hearing date for good cause and upon written notification to the appellant.
D. The City Council shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determine whether the appealed decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final.
E. The provisions of section 1094.6 of the Code of Civil Procedure sets forth the procedure for judicial review of any final determination. Parties seeking such judicial review shall file such action within 90 days of a determination being made final.
Sec. 5.26.180 – Violations and penalties; public nuisance.
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A. Any violation of the provisions of this chapter is punishable as a misdemeanor or an infraction, at the discretion of the city prosecutor, pursuant to Chapters 1.14 and 1.16 of this Code, except for as preempted by state law; and, any violation of the provisions of this chapter is subject to administrative citation, at the discretion of the City, pursuant to Chapters 1.14 and 1.16 of this Code.
B. Public nuisance abatement.
1. Any commercial cannabis operation that is conducted in violation of any provision of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 8.36 of Title 8 of this Code.
2. All costs to abate such public nuisance, including attorneys’ fees and court costs, shall be paid by the person causing the nuisance, including the commercial cannabis operation permittee and the property owner where the nuisance is occurring.
C. The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.
D. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
Sec. 5.26.190 - Service of notices.
Any notice required by this chapter is deemed issued and served upon the earliest date that either:
the notice is deposited in the United States mail, postage pre-paid, addressed to the most recent mailing address provided to the City pursuant to the requirements of this chapter; or, the date upon which personal service of the notice is provided to a responsible party.
Sec. 5.26.200 - Prohibitions.
A. Any commercial cannabis operation in violation of The Adult Use of Marijuana Act, The Medicinal and Adult-Use of Cannabis Regulation and Safety Act, this chapter, or any other applicable State law is expressly prohibited.
B. It is unlawful for any commercial cannabis operation in the City, or any agent, employee or representative of such commercial cannabis operation, to permit any breach of peace or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct at the site of the commercial cannabis operation.
Sec. 5.26.210 - Nonconforming use.
No use which purports to have engaged in a commercial cannabis activity of any nature prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of this Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.
Sec. 5.26.220 – Exceptions
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A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person twenty-one years of age or older from:
1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than twenty-eight and one-half grams of cannabis not in the form of concentrated cannabis.
2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis.
3. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one years of age or older without compensation whatsoever.
4. Engaging in the indoor cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, as the same may be amended from time to time.
B. This chapter shall also not prohibit any commercial cannabis operatinos that the city is required by law to permit within its jurisdiction pursuant to state law.
5.26.230 – Operative date.
This chapter shall be operative 10 days after the date that the City Council declares that a majority of the City’s voters voting at the November 8, 2022, election have voted in favor of a cannabisrelated measure at such election.
Sec. 5.26.240 - Severability.
If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of South El Monte hereby declare that they would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.” SECTION 3. REPEAL OF CHAPTER 17.31. Chapter 17.31 of Title 17 of the South EL Monte Municipal Code is hereby repealed in its entirety.
SECTION 4. AMENDMENT TO SECTION 17.18.030(O). Section 17.18.030(O) of Chapter 17.18 of Title 17 of the South El Monte Municipal Code is hereby amended as follows:
“Medical cannabis retailers in accordance with Chapter 5.26 of Title 5 of this Code.”
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SECTION 5. ADDITION OF SECTION 9.08.045. Section 9.08.045 shall be added to Chapter 9.08 of Title 9 of the South El Monte Municipal Code as follows:
“This Chapter shall not apply to a medical cannabis retailer permitted pursuant to Chapter 5.26 of Title 5 of this Code.”
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 7. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to both the exemption provided by Sections 15060(c)(3) and 15061(b)(3) of the CEQA Guidelines.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage, provided that this ordinance shall not be operative until the requirements of Section 9 of this ordinance have been met.
SECTION 9. OPERATIVE DATE. This ordinance shall be operative 10 days after the date that the City Council declares that a majority of the City’s voters voting at the November 8, 2022, election have voted in favor of a cannabis-related measure at such election.
SECTION 10. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of ___________, 2022. __________________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
_________________________________
Anthony R. Taylor, City Attorney
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ATTACHMENT C
ORDINANCE O. 425,4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'
PCSMONA, CALIFORNIA, A-MENDING THE CITY CODE TO ADD
ARTICLE XI' ( CANNABIS BUSINESS TAX) TO CHAPTER .50 OF THE
PCS ' CTA MUNICIPAL CODE, SUBJECTTO VOTER APPROVAL
WHEREAS, Sections 37101 and. 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; WHEREAS, the City Council desires to seek to impose a supplemental license tax upon cannabis businesses, to be known as the " Cannabis Business Tax"; WHEREAS, the Cannabis Business Tax cannot be imposed without voter approval; WHEREAS, on June 4, 2018, the City Council adopted Resolution No. 2018-60, calling a General Municipal Election, and requesting consolidation of the General Municipal Election with the Statewide General Election to be held on November 6, 2018; WHEREAS, the City Council of the City of Pomona pursuant to California Elections Code Section 9222 and California Government Code Sections 53,720, el seq. desire to place a City initiative to the voters of the City and has called a cannabis business tax measure to be placed on the November 6, 2018 general municipal election for this Ordinance to be submit to the qualified voters of the City of Pomona; and
WHEREAS, ifthe measure is approved by a majority of voters, then this Ordinatice will amend the City Code,to add a new Article to Chapter 50 - Taxation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POMONA DOES
HEREBY ORDAIN AS FOLLOWS, AND IF APPROVED BY THE VOTERS OF THE
CITY OF PCN A, THE PEOPLE OF THE CITY OF POMONA DO ORDAIN AS FOLLOWS:
SECTION L CITY CODE AMENDMENT. Article X1 of Chapter 50 — Cannabis Business Tax shall be added to the City Code as follows:
ARTICLE X1
CANNABIS BUSINESS TAX
Sections:
50- 498 Title.
o The Article number and Section numbers assigned to the proposed City Code amendments at Section I of this Ordinance are subject to change depending on the concurrent ballot measures that, if approved, would amend the City Code. ( i. e. ' The Transactions and Use Tax Ordinance and related ballot measure that will be concurrently presented to the voters at the Novernber 6, 2018 General Election.) Ordinance No. 4254
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50- 499 Authority and Purpose,
50- 500 Intent.
50- 501 Definitions,
50- 502 Tax imposed.
50- 503 Registration, reporting, and remittance of tax. 50- 504, Payments,and communications - timely remittance. 50- 505 Payment- when taxes deemed delinquent,
50- 506 Notice not required by City.
50- 507 Penalties and interest.
50- 508 Refunds and credits.
50- 509 Refunds and procedures,
50- 510 Personal cultivation not taxed.
50- 511 Administration ofthe tax.
50- 512 Appeal procedure.
50- 513 Enforcement - action to collect.
50- 514 Apportionment.
50,-515 Constitutionality and legality.
50-516 Audit and examination of premises and records.
50- 517 Other licenses, permits, taxes or charges.
50- 518 Payment of tax does not authorize unlawful business. 50- 519 Deficiency determinations.
50- 520 Failure to report- nonpayment, fraud.
50- 521 Tax assessment- notice requirements.
50- 522 Tax assessment- hearing, application, and determination, 50- 523 Relief from taxes,-disaster relief.
50- 524 Conviction for violation- taxes not waived.
50- 525 Violation deemed misdemeanor.
50- 526 Severability.
50- 527 Remedies cumulative.
50- 528 Amendment or repeal.
50- 498 Title.
This ordinance shall be known as the Cannabis Business Tax Ordinance. 5,0- 4,99 Authority and Purpose.
The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 3 71 00. 5 of the California Government Code, upon Cannabis Businesses that engage in business in. the City. The Cannabis Business Tax is levied based upon canopy square footage or business gross receipts, as described in this Article. It is not a sales and use tax, a tax upon income, or a tax upon real property.
The Cannabis Business Tax is a general tax enacted solely for general governmental purposes of the City and not 1:br specific purposes. All of the proceeds from the tax imposed by Ordinance No. 4254
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this Article shall be placed in the City's general fund and be available for any lawful municipal purpose.
50- 500 Intent.
The intent of this Ordinance is to levy a tax on all Cannabis Businesses that operate in the City, regardless of whether such business would have been legal at the time this Ordinance was adopted. 'Nothing in this Ordinance shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.
50- 501 Definitions.
The following words and phrases shall have the meanings set forth below when used in this Article:
A. "Business" shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
B. " Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
Cannabis"' also means the separated resin, whether crude or purified, obtained from cannabis. " Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code and is not limited to medical cannabis.
C. " Cannabis product" means raw cannabis that has undergone a process, whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. " Cannabis product" also means marijuana products as defined by Section 11018. 1 of the California Health and Safety Code and is not limited to medical cannabis products.
D. " Canopy" means all areas occupied by any portion of a cannabis plant, whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes ( as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.
E. " Cannabis business" means any business activity involving cannabis, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, of cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit.
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F. " Cannabis business tax" or " business tax," means the tax due pursuant to this Article for engaging in cannabis business in the City,
G. " Commercial cannabis cultivation" tneans cultivation in the course of conducting a cannabis business.
1-1. " City business permit" means a permit issued by the City to a person to authorize that person to operate or engage in a cannabis business.
1. Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.
J. Employee" means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner' s family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
K. " Engaged in business as a cannabis business" means the commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if.
1. Such person or person' s employee maintains a Fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person' s employee owns or leases real property within the City for business purposes;
3. Such person or person' s employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business;
4. Such person or person' s, employee regularly conducts solicitation of business within the City; or
5. Such person or person' s employee performs work or renders services in the City.
The foregoing specified activities shall not be a limitation on the meaning of" engaged in business."
L. " Evidence of doing business" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or Ordinance No. 4254
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telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.
M. " Calendar year" means January I through December 31, of the following calendar year.
N. " Gross Receipts," except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount ( including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales, of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed ( whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from Gross Receipts:
1. Cash discounts where allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
5. Cash value of sales, trades or transactions between departments or units of the same business;
6. Whenever there are included within. the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar;
8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected.
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These agents or trustees must provide the City' s Finance Department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees.
9. Retail sales of t- shirts, sweaters, hats, stickers, key chains, bags, books, posters, rolling papers, cannabis accessories such as pipes, pipe screens, nape pen batteries ( without cannabis) or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per Section 50- 5 1, 1 shall not be subject to the cannabis business tax under this Article.
However, any business activities not subject to this Article as a result of the administrative ruling shall be subject to the appropriate business tax provisions of Chapter 50, Article VIII or any other Chapter or Article as detennined by the Tax Administrator.
0. "Lighting" means a source of light that is primarily used for promoting the biological process of plant growth. Lighting does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting, or light admitted via small skylights, windows or ventilation, openings.
P. " Nursery" means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
Q. " Person" means an individual, firm., partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as, a unit, whether organized as a nonprofit or forprofit entity, and includes the plural as well as the singular number.
R. " Processing" means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.
S. " Sale" " Sell" and " to sell" means and includes any sale, exchange, or barter. It shall also mean any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another and includes the delivery of cannabis orcannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
T. " State" means the State of California.
U. " State license," "' license," or " registration" means a state license issued pursuant to, California Business & Professions Code Section 26050 and or other applicable state laws.
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V. " Tax Administrator" means the Finance Director/City Treasurer of the city or Pomona or his or her designee.
W. " Testing Laboratory" means a cannabis business that ( i) offers or performs tests of cannabis or cannabis products, ( ii) offers no service other than. such tests, ( iii) sells no products, excepting only testing supplies and materials, ( iv) is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state and ( v) is registered with the Bureau of Cannabis Control. 50- 502 Tax Imposed,
A. Beginning January 1, 2019, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the business has been issued permit to operate lawfully in the City or is operating unlawfully. The City' s acceptance of a cannabis business tax payment from a cannabis business operating illegally will not constitute the City' s approval or consent to such illegal operations.
B. The initial rate of the cannabis business tax. shall be as follows:
1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Seven dollars ($ 7. 00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.
b. Four dollars ($ 4. 00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting. c. Two dollars ($ 2.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
d. One dollar ($ 1. 0 0) annually per square foot of canopy space for any nursery.
For purposes of this subdivision (B), the square feet of canopy space for a business shall be rebuttably presumed to be the maximum square footage of canopy allowed by the business' s City pen-nit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. Should a City pen-nit be issued to a business which cultivates only for certain months of the year, the City shall prorate the tax as to sufficiently reflect the period in which cultivation is occurring at the business. In no case shall canopy square footage which is authorized by the City commercial cannabis permit but not utilized for cultivation be deducted for the purpose of determining the tax for cultivation, unless the '"fax Administrator is informed in writing and authorizes such reduction for the purpose of relief from the tax prior to the period for which the space will not be used, that such space will not be used.
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2. For every person who engages in the operation of a testing laboratory for cannabis or cannabis products shall be subject to one percent ( 1%) of gross receipts.
3. For every person who engages in the retail sales of cannabis as a retailer dispensary) or non- store front retailer ( delivery) or microbusiness ( retail sales) shall be subject to four percent (4%) of gross receipts.
4. For every person who engages in a cannabis distribution business for cannabis or cannabis products shall be subject to two percent ( 2%) of gross receipts.
5. For every person who engages in cannabis manufacturing, processing, or microbusiness ( non-retail), or any other type of cannabis business not described in Section 50- 5102 ( B) ( 1), ( 2), ( 3) or( 4): shall be subject to two and half percent ( 2. 5%) of gross receipts.
C. The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax. However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to 50- 502 ( D) of this Section for the date on which the adjusted rate will commence.
D. The maximum rate of the cannabis tax shall be calculated as follows:
1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Through January 1, 2021, the maximum rate shall be:
i. Ten dollars ($ 10.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.
ii. Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting.
iii. Four dollars ($ 4. 00) annually per square foot of canopy space in a facility that uses no artificial lighting.
iv. Two dollars ($ 2. 00) annually per square foot of canopy space for any nursery.
2. For every person who engages in the operation of a testing laboratory for cannabis or cannabis products shall be subject to the maximum tax rate not to exceed two and a half percent (2. 5%) of gross receipts.
3. For every person who engages in the retail sales of cannabis as a retailer dispensary) or non-store front retailer ( delivery business), or microbusiness.
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retail sales activity) shall be subject to the maximum tax rate not to exceed six percent( 6%) of gross receipts.
4. For every person who engages in a cannabis distribution business for cannabis or cannabis products shall be subject to the maximum tax rate not to exceed three percent (3%) of gross receipts,
5. For every person who engages in cannabis manufacturing, processing, or microbusiness ( non-retail activity) or any other type of cannabis business not described in Section 50- 502 ( D) ( 1), ( 2), ( 3) or (4), the maximum tax rate shall not exceed four percent (4%) of gross receipts.
E. Persons subject to the Cannabis Business Tax shall also register and pay the registration fee pursuant to Section 50- 503 However, they shall be exempt from paying the general business license tax required under Chapter 50, Article VIII for any such cannabis business activity as determined by the exclusion definitions or as, determined by the Tax Administrator in Section 50- 511. A cannabis business not subject to the Cannabis Business Tax is subject to the general business license tax required under Chapter 50, Article VIII except as otherwise provided by in Section 50- 50IN or other applicable laws.
F. Tax Adjustment to Consumer Price Index. All minimum license taxes and all flat fee license taxes shall be adjusted each fiscal year on July 1 in a percentage amount equal to the change in the Consumer Price Index ( CPI) during the 12- month period for the Metropolitan Los Angeles-Anaheim- Riverside Area as published by the United States Bureau of Labor Statistics; however, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.
50- 503 Registration, reporting and remittance of tax.
A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:
1. All persons engaging in a cannabis business, whether an existing, newlyestablished or acquired business, who have not received a City Cannabis Permit shall register with the Tax Administrator within thirty ( 30) days of commencing operation and shall annually renew such registration within 30 days of the business registration anniversary date of each year thereafter. In registering, such persons shall furnish to the Tax Administrator a sworn statement, upon a form provided by the Tax Administrator, setting forth the following information:
i. The name of the business
ii. The names and addresses of each owner
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iii. The exact nature or kind of business,;
iv. ' The place where such business is to be carried on; and v. Any further information which theTax Administrator may require.
2. Cannabis businesses who have received a City Cannabis Permit are exempt from the registration requirement of this section.
B. Financial information required under Subsection A will be used to calculate and ent-brce the tax imposed under this Article, will be exempt from disclosure under the Public Records, Act pursuant to Government Code section 6254(i) or to the extent allowed by law.
C. An annual registration fee of one hundred twelve dollars ($ 112.00) shall be presented with the sworn statement submitted under this section. This fee shall not be considered a tax and may be adjlusted by resolution of the City Council.
D. The cannabis business tax imposed by this Article shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax each calendar month shall, no later than the last day of the month following the close of the calendar month, file with the Tax Administrator a statement of the tax owed for that calendar month and the basis for calculating that tax. The Tax Administrator may require, that the statement be submitted on a fon-ri prescribed by the Tax Administrator. The tax for each calendar month shall be due and payable on that same date that the statement for the calendar month is due.
E. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all. calendar months up to the calendar month, during which cessation occurred.
F. The Tax Administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as, the Tax Administrator deems necessary to ensure effective collection of the tax. The Tax Administrator may also require that a deposit, be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Tax Administrator may require that a taxpayer make payments via a cashier' s check, money order, wire transfer, or similar instrument.
50-,504 Payments and communications—timely remittance.
Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday Ordinance No. 4254
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observed by the City, the due date shall be the next regular business day on which the City is open to the public.
50-505 Payment- when taxes deemed delinquent.
Unless otherwise specifically provided under other provisions of this Article, the taxes required. to be paid pursuant to this Article shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 50- 503 and 50-504. 50-506 Notice not required by the City.
The City may as a
courtesy send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article. Failure to send such. notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article, 50- 507 Penalties and interest.
A, Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this Article on or before the due date shall pay penalties and interest as follows:
1. A penalty equal to ten percent ( 10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent ( 1. 0%) per month.
2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent ( 1. 0%) per month on the unpaid tax and on the unpaid penalties.
3. Interest shall be applied at the rate of one percent ( 1. 0%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.
B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this Section, and any other amount allowed under state law.
50- 508 Refunds and credits.
A. No refund shall be made of any tax collected pursuant to this Article, except as provided in Section 50- 509.
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B. No refund of any tax collected pursuant to this Article shall be made because of the discontinuation, dissolution, or other termination of a business. 50-509 Refunds and procedures.
A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this Article, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one ( 1) year of the date the tax was originally due: and paid.
B. The Tax Administrator, his or her designee or any other City officer charged with the administration of this Article shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so.
C. In the event that the cannabis business tax was erroneously paid, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one ( I) year from the date that the tax was paid. 50- 510 Personal Cultivation Not Taxed.
The provisions of this Article shall not apply to personal cannabis cultivation or use as those activities are authorized in the " Medicinal and Adult Use Cannabis Regulation and Safety Act". This Article shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use.
50- 511 Administration of the tax.
A. It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this,Article.
B. For purposes of administration and enforcement of this Article generally, the Tax Administrator may from time to, time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this Article as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
C. The Tax Administrator may take such administrative actions as needed to administer the tax, including but not limited to:
Ordinance No. 4254
December 3, 2018
I Provide to all cannabis business taxpayers fori-ris for the reporting of the tax;
1 Provide information to any taxpayer concerning the previsions of this Article;
3. Receive and record all taxes remitted to the City as provided in this Article;
4. Maintain records of taxpayer reports and taxes collected pursuant to this Article;
5. Assess penalties and interest to taxpayers pursuant to this Article;
6. Determine amounts owed and enforce collection pursuant to this Article. 50- 512 Appeal procedure.
Any taxpayer aggrieved by any decision of the, Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this Article may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty ( 30) calendar days of the serving or mailing of the determination of tax due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk., or his or her designee, shall give notice in writing to such operator at the last known place of address. The finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this Article for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service ofthe notice. 50- 513 Enforcement - suction to collect.
Any taxes, penalties and/ or fees required to be paid under the provisions of this Article shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this Article shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this Section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Article or the failure to comply with any ofthe provisions of this Article.
50- 514 Apportionment.
If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
Ordinance No. 4254
December 3, 2018
50- 515 Constitutionality and legality.
This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this Article shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law, If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.
50- 516 Audit and examination of premises and records.
A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records ( including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the tax administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records.
B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this Article to keep and preserve, for a period of at least three ( 3) years, all records as may be necessary to determine the amount of such. tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/ her designee shall have the right to inspect at all reasonable times.
50- 517 Other licenses, permits, taxes, fees or charges.
A. Nothing contained in this Article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any City Cannabis permit or City License required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Chapter of this code or any other ordinance or resolution of the City. Any references made or contained in any other Chapter ofthis code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other Chapters of this Code.
B. Notwithstanding subdivision A of this Section a cannabis business shall not be required to pay the license tax required by Chapter 50, Article VIII of this Code Ordinance No. 4254
December 3, 2018
so long as all of the business activities within the City that would require payment of a license tax are activities subject to the cannabis business tax.
C. The Tax Administrator may revoke or refuse to renew the license required by Chapter 50, Article X1 of this Code for any business that is delinquent in the payment of any tax due pursuant to this Article or that fails to make a deposit required by the Tax Administrator pursuant to Section 50- 503. 50- 518 Payment of tax does not authorize unlawful business.
A. The payment of a cannabis business tax required by this Article, and its, acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable state laws,
B. No tax paid under the provisions of this Article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
50519 Deficiency determinations.
If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this Article is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three ( 3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues, engaging in a business, a deficiency determination may be made at any time within three ( 3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 50- 521.
50- 520 Failure to report—nonpayment, fraud.
A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this Article at any time:
1. If the person has not filed a complete statement required under the provisions of this Article;
2. Ifthe person has not paid the tax due under the provisions of this Article; Ordinance N,o. 4254
December 3, 2018
Mage 15 of 20
3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information. contained in a statement already filed, or paid any additional amount of tax due under the provisions of this Article; or
4. If the Tax Administrator determines that the nonpayment of any business tax due under this Article is due to fraud., a penalty of twenty-five percent ( 25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this Article and any other penalties allowed by law.
B. The notice of.assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the ' Fax Administrator's knowledge concerning the business and activities ofthe person assessed, to be due under each applicable section ofthis Article and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. 50- 521 Tax assessment - notice requirements.
The notice of assessment shall be served upon the person either by Personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person. at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this Article; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person' s last known address. For the purposes of this Section, a service by overnight delivery shall be deemed to have occurred one ( 1) calendar day following deposit with a courier and service by mail. shall be deemed to have occurred three ( 3) days following deposit in the United States mail.
50- 522 Tax assessment - hearing, application and determination.
Within thirty (30) calendar days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty ( 30) calendar days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five ( 5) calendar days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section 50- 521 for giving notice of assessment.
Ordinance No. 4254
December 3, 2018
50- 523 Relie,f from taxes -disaster relief,
A. If a business is unable to comply with any tax requirement due to a disaster, the business may notify the 'Fax Administrator of this inability to comply and request relief from the tax requirement;
1. A request for relief must clearly indicate why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time.
B. The cannabis business agrees to grant the tax collector or his/ her designee access to the location,where the cannabis business has been impacted due to a disaster.
C, The Tax Administrator, in his/her sole discretion, may provide relief from the cannabis business, tax requirement for businesses whose operations have been impacted by a disaster of such tax liability does not exceed five thousand ($ 5, 000) dollars. If such tax liability is five thousand one ($ 5, 001) dollars or more than such relief shall only be approved by the City Council; D. Temporary relief from the cannabis tax may be granted for a reasonable amount of time as determined by the Tax Administrator or the City Council, as applicable in order to allow the cannabis business time to recover from the disaster; E. The Tax Administrator or City Council, as applicable may require that certain conditions be followed in order fora cannabis business to receive temporary relief from the cannabis,business tax requirement;
F. For purposes of this section, " disaster" means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes.
50- 524 Conviction for violation - taxes not waived.
The conviction and punishment of any person for failure to pay the required. tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this Article or of any state law requiring the payment of all taxes. 50- 525 Violation deemed misdemeanor.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor.
50- 526 Severability.
Ordinance No. 4254
December 3, 2018
If any provision of this Article, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision ofthis Article or the application of this Article to any other person or circumstance and, to that end, the provisions hereof are severable.
50- 527 Remedies cumulative.
All remedies and penalties prescribed by this Article or which are available under any other provision of the Pomona Municipal Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Article. 50-528 Amendment or repeal.
This Article may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Article. The people of the City of Pomona affirm that the following actions shall not constitute an increase of the rate of a tax:
A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that set by this Article, if the City Council has acted to reduce the rate of the tax or incrementally implement an increase authorized by this Article; B. An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification ( even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article; or
C. The collection of the tax imposed by this Article even if the City had, for some period oftime, failed to collect the tax.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.
SECTION 3. EFFECTIVE DATE AND SUBMISSION TO VOTERS. This Ordinance relates to the levying and collecting of a Cannabis Tax as approved by the voters of the City at the November 6, 2018 General Election and in compliance with Section 2( b) of Article XIIIC of the California Constitution and applicable law, and shall take effect immediately.
Ordinance No. 4254
December 3, 2018
SECTION 4. AMENDMENT AND TERMINATION. '"I'lie authority to levy the taxes imposed by this Ordinance shall continue indefinitely until this Ordinance is repealed. The City Council may amend this Ordinance to reduce the rate of the taxes, either permanently or for a set period of time, without a further vote of the people. The City Council shall not amend this Ordinance to increase the Cannabis Business Tax rate above what is authorized by this Ordinance, unless such amendment is submitted to and approved by the voters.
SECTION 5. DECLARATION. The proceeds of the taxes imposed by this Ordinance may be used for any lawful purpose of the City, as authorized by ordinance, resolution or action of the City Council or by ordinance adopted by the electorate of the City. These taxes do not meet the criteria established by Section ( d) of Article XIIIC of the California Constitution for special taxes, and are general taxes imposed for general government purposes.
SECTION 6, CODIFICATION. If a majority of the electors voting on the Cannabis Business Tax measure vote to approve the imposition of the Cannabis Business Tax, then the provisions of Section I of this Ordinance shall be codified in the Pomona Code at Chapter 50, but the Article number and Section numbers assigned herein are subject to change depending on the concurrent ballot measures that, if approved, would amend the City Code. ( i. e. The Transactions and Use Tax Ordinance and related ballot measure that will be concurrently presented to the voters at the November 6, 2018 General Election.) SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three ( 3) public places and in the electronic media in the City.
PASSED, APPROVED, AND ADOPTED BY THE QUALIFIED VOTERS IN THE CITY OF POI ONA AT THE NOVEMBER 6, 2018 GENERAL ELECTION
ATTEST: CITY OF POMONA:
Ma'n'e Michel Mkvias, Interim City Clerk Tin Sandowaf, Mla APPROVED AS TO FORM:
Christi Login, Interii1p Attorney
Ordinance No. 4254
December 3, 2018
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
1, MARIE M. MACIAS, INTERIM CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was presented to the voters of the City of Pomona as Measure PG — Pomona Public Safety, Homelessness, and Essential City Services Protection Measure, at a General Municipal Election held on November 6, 2018, and was approved by the following vote:
AYES: 19, 786
NOES: 9,966
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City ofPomona, California, on this
4h
day of December, 2018.
WVmN
Marie Mich- ef ias, Interim City Clerk.
Ordinance No. 4254
December 3,, 2018
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10716
2663
2114
2307
10909
2449
2231
10837
2113
1733
2311
1908
2546
11059
2214
1729
9533
2539
2402
1741
10420
2025
2508
958
10875
10338
11069
2455
2517
01 19 7
2102
2312
10432
2516
1828
2503
2454
2514
1822
2458
918
2552
2320
89 72
1105
39 00
10024
2534
89 82
9320
2105
2434
1719
2312
10465
2405
2618
10416
2632
2626
2424
1829
2646
1209
10348
1727
89 94
2621
2561
2453
79 54
2408
1861
9326
2113
1858
2010
1707
2422
2228
1933
89 53
2448
2542
2440
10885
9336
2541
1837
2642
1852
2428
89 25
1726
2127
2503
2218
1858
2226
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10816
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10885
1844
1201
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2218
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9340
2631
11016
10802
9433
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89 43
2447
2444
2630
2465
2317
2121
89 35
9344
1851
10814
2212
2546
2206
2544
10824
2531
1828
10115
11038
1719
2413
2402
2460
1836
10915
2215
9330
2311
2553
2459
2205
2458
1742
1842
1704
10917
1818
2502
1733
1705
2620
1823
89 74
10903
89 14
89 6489 04
10808
2654
2119
1620
2526 2527
2535
9311
2525
2414
10925
10436
2131
2700
9408
01 14 9
2651
1854
2031
1627
11134
2122
2320
11020
2210 2215
1748
2311
11210
2453
89 32
1967
9523
79 13
2227
9457
10880
2301
2025
2130
89 22
01 63 1
2207
10330
2217
2131
01 01 1
2551
2319
2706
1808
2115
2113
1709
9703
9729
1116
10333
1931
1877
1816
2611
79 34
18100
9742
10181
2029
2015
79 53
2209
11126
2116
2125
962
2411
2428
11140
1729
2100
2552
2414
1875
2238
10723
2315
1741
2030
2422
1723
2220
1661
49 52
2253
2315
1703
2541
2023
9750
2217
2125
11145
2236
49 06
2445
2103
1715
2310
2439
2022
2222
2108
2551
9812
9859
1741
2603
2217
1315
2302
2306
1645
2017
2214
49 71
9873
2130
2318
2004
1915
2207
9529
1228
2102
2314
5911
1623
61 42
10920
1631
89 65
2305
1655
39 33
1722
1738
2102
902
2745
2122
9753
2511
2408
2319
2404
10900
1716
1728
968
1635
10915
91 74
2457
11046
89 34
2422
2537
2326
1706
2463
10023
31 53
2451
2017
2443
11062
2526
2523
2532
2543
1702
2011
2531
2126
2515
9133
2460
10766
2503
1710
11058
2510
2438
2014
11058
1934
11052
69 63
2550
2420 9822
2458
9653
10026
9832
1502
10445
10837
10343
10337
2506
1733
2436
2452
942
1055
2522
2202
2446
2518
11014
2466
2546
10351
1878
2426
12537
1914
79 01
1710
2434
2466
2536
2437
1734
2325
2448
10329
89 12
1728
59 31
2302
2436
2314
2505
2468
2544
2467
2313
2550
1700
2466
1716
9437
2010
59 82
2443
1920
1902
1741
2113
2508
10808
10350
2518
2447
2302
01 04 2
1720
2515
2437
2446
79 12
2516
2305
2512
2456
2467
2534
2504
41 30 1
10336
2442
2556
2116
1917 1916
2311
2511
2549
01 31 2
2449
2510
2544
2436
2308
11142
2532
2615
01 14 2
2506
79 53
1942
11025
2509
2530
2544
2538
2439
1925
9828
2551
2504
2520
2452
1945
2540
01 14 8
2229
2442
2460
2455
2543
01 53 8
10331
2510
10342
2503
2536
2210
79 51
10935
2454
2509
1910
2528
1937
1914
2448
11019
2523
1931 1932
2545
2307
2439
2513
2455
9731
9420
2531
2458
2501
2306
2524
2441
1010
2460 2463
1317
79 90
2539
1934
2442
2317
1500
2014
9735
2020
2443
11019
01 141
10328
2463
2405
10452
2422
11148
2525
2507
1859
1015610160
2500
1517
100
10166
10 1511
2116
2022
2325
10351
11204
1618
1217
2112
01 27 0
2218
10319
01 04 5
2019
1910
1413
2210
2221
2119
1664
1853
2552
01 53 7
2018
2202
2627
10335
2124
2436
1526
1503
2414
2216
1610
1518
01 23 1
2224
1923 1920
2118
2230
9220
2446
2108
10330
1512
1615
2125
1924
2230
1604
2456
2655
1519
2212
2112
2203
2440
2109
2230 01 24 62233
10915
2102
2124
2202
01 14 9
2452
2408
10343
1734
2115
10728
1517
2035
2419
2206
2108
2514
2558
1605
1606
2028
2214
1822
2226 2222
2637
2228
9811
2314
2202
2213
2127
1505 2025
11207
1529
902
10444
2128
2026 2026
2423
2020
1040
1816
2417
2443
1629
2209
2027
10329
2208
2433
1621
1613
2439
2216
2227
11071
2509
2553
2509
2430
2100
2403
2227
2309
1522
2413
2553
2453
2131
2028
2304
2301
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2130
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2103
10437
89 13 2219
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10950
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1668
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2118
89 32
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10766
2409
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89 13
10758
2453
2639
2637
2655
2633
79 83
2531
89 30
1601
2604
1501
2629
10841
2005
2645
2414
2121
1615
89 52
1089
1205
1902
1332
89 64
9837
1822
2700
2431
2313
2112
89 63
2244
2203
2508
10830
2319
2702
2246
2522
1903
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1513
2650
2502
2407
2703
49 86
2659
1929
1525
2606 39 12
2122
2129
10838
11522
1903
2438
1311
2444
1913
2212
2436
1909
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1921
2107
1810
1417
2718
2410
2547
1523
2322
1609
2023
2314
2511
2218
10309
2507
2017
1912
69 71
2310
2430
2212
1915
10710
01 34 3
1907
1652
69 81
2218
2437
2316
10448
10818
2433
2528
01 03 3
1903
2548
1807
2223
11020
2654
10907
1919
1603
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1906
2307
1626
2644
1718
1323
2506
2209
10315
2526
2222
1712
1658
2217
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11033
1933
39 22
10436
2130
2304
2125
2339
2660
2227
2213
1704
10829
2025
2518
10944
2314
79 43
10906
2307 2321
2308
2333
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1630
2121
2649
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1902
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1530
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2648
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01 34 2
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2307
1802
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2320
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10309
2532
2101
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2327
2637
11108
2523
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01 24 7
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1715
1033
2326
11061
1207
2118
1319
2214
2726
1608
2526
2755
1317
1818
1024
10112
2018
2026
2628
2728
1412
1908
10957
2727
11368
2637
79 02
2638
1902
2245
79 22
10423
2014
2641
1414
2526
1402
11006
11045
2642
1652
11102
10941
2632
1424
1523
1509
2611
2641
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2514 2517
11442
11014
1702
2207
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79 03
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11518
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01 34 3
1032
11222
1527
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2623
11020
1620
1529
11224
10349
9847
2643
2504
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1640
2557
1527
2539
2018
2533
9660
2524
1308
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11214
01 23 0
2521
2617
2536
2514 2515
2509
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2712
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69 16
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69 95
1302
69 85
69 34
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69 24
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11212
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2738
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1342
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1324
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2555
1042
1334
69 84
69 5269 34
1329
69 94
2727
10717
10118
2604
1317
1829
9420
1812
2015
89 13
69 44
1442
01 18 6
2737
882
1828
10931
1430
1312
2722
1203
1418
2556
59 61
11045
2320
10943
1829
10126
127
2535
10363
03 80
11210
11526
2741
9212
1419
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10937
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01 53 6
10102
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2330
1664
2333
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10437
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01 50 8
2631
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11001
1413
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1823
10340
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11027
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10362
10325
2507
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9858
2663
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1429
2438
1473
1448
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11022
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1271
10418
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1634
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89 35
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69 61
10113
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11028
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9374
1208
2739
1462
1813
932
2733
1333
2540
2305
2601
1349
2750
10406
2016
1812
2221
79 93
11433
1452
11034
2521
42 91
1325
59 53
1425
1420
1434
1935
10825
2440
1810
1206
1418
1440
1452
1430
1402
10829
1446
1424
1415
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10823
1822 1939
1430
10444
01 13 4
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1436
11015
1903
1827
9541
2554
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1319
1441 1455
1435
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1927
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10050
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59 95
1921
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876
2332
1825
2427
1917
1409
1531
2511
1446
1348
2325
1835
1745
1403
2212
1707
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1947
1849
1625
1609
1456
1600
1943
1535
1749
1813
1959
1339
11081
1603
1817
1439
1524
1845
1513
1803
11526
1303
1433
10429
1829
1619
1723
1917
1509
79 92
11034
1519
9759
1823
79 93
1453
11527
1713
1729
1503
1939
10321
1839
1735
1431
59 13
1631
1916
1525
1958
59 72
79 15
1855
1479
1754
1807
79 70
1761
1755
1314
26019
1456
1907
2031
1804
79 53
2700
1913
2529
79 32
1912
1709
1955
2428
79 55
1938
171
1816
7 2538
1949
1923
1933
1445
1945
1819
1613
59 35
1511
1739
10343
2205
1922
1449
79 3179 12
2035
11516
1536
11111
1902
2425
59 36
1537
9901
1318
69 23
1927
2517
1954
9328
1932
1948
10829
1627
1944
11364
2402
10310
2235
1906
1620
9900
3023
01 33 5
1311
1439
1926
9946
1649
11129
1703
1861
22 32
1312
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9738
1627
2206
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1247
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69 2269 21
2304
1903
69 85
2529
11124
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69 63
1403
79 54
1907
11120
1913
11530
11403
11048
42 71
11324
1718
79 82
1651
11522
1626
9868
11477
69 62
11107
2424
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10304
1506
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1732
1046
11531
79 72
11459
3035
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22 52
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11309
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10121
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01 23 2
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1537 02 51
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1 1127
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79 70
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79 95
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1 14146
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79 22
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79 32
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11108
10926
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11229
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10942
11007
11023
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10032
11277
10951
11223
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1948
11323
10011
10936
11303
11468
10920
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11003 11002
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10430
10426
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01 31 5
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10408
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10923
1954
11309
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10913
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01 21 2
11024
11002
11250
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11023
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1801
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1950
11061
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1 11
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1938
10420
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11224
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1936
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11232
1226
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11029
11214
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11229
11039 11040
11236
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10923
10113
1212
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11232
10948
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11045
11481
11246
11249
10919
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10121
11272
01 10 5
11282
01 51 0
10133
01 51 3
10928
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01 01 4
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11212
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01 41 3
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11060
11240
11213
11233
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11315
1232
11024
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01 51 9
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11208
10908
10924
10151
11228
11233
01 41 0
01 51 2
01 03 8
11208
01 21 7
11333
01 71 9
1214
11238
11012
01 71 3
10918
10943
10948
11239
11234
10917
11308
01 31 0
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11343
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01 31 6
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11202
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11213
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11223
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01 61 9
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01 41 601 71 6
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01 51 5
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01 81 2
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10930
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10021
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01 71 2
11213 11250
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01 1 71
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01 31 4
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11208
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01 31 9
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11205
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1 1250
248
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01 51 9
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11229 11254
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01 21 4
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01 81 3
01 01 8
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89 52
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01 07 2
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2552 2553
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2746
39 37
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01 01 4
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01 01 6
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10102
62 10
9519
1011810116
39 96
39 76
10114
10106
9865
01 01 8 10107
10105
10103
RUSH ST
STATE RTE 60
POMONA FWY
S
TAT
E
R
T
E 19
R
O
S
E
M
E
A
D
B
LV
D
TY
L
E
R
AV
E
C
E
N
T
RA
L
AV
E
P
O
T
R
E
R
O
AV
E
N
P
E
C
K
R
D
M
E
R
C
E
D
AV
E
GARVEY AVE
C
H
CI O
AV
E
SANTA ANITA AVE
BODGER ST
L
E
E
AV
E
FERN ST
SLACK RD
KLINGERMAN ST
I- 605
THIENES AVE
ELLIOTT AVE
DURFEE AVE
S
E
A
M
A
N
AV
E
L
O
M
A
AV
E
P
E
C
K
R
D
T
R
O
Y
AV
E
LERMA RD
GAG
E
AV
E
CORTADA ST
FINEVIEW ST
MICHAEL HUNT DR
MOUNTAIN VIEW RD
N
E
VA
D
A
AV
E
S
T
R
O
Z
EI R
AV
E
SCHMIDT RD
WEAVER AVE
E
D
WA
R
D
S
AV
E
COGSWELL RD
L
E
XIN
G
T
O
N
AV
E
BURKETT RD
WAS
H
NI G
T
O
N
AV
E
D
O
R
E
E
N
AV
E
FARNDON ST
CONCERT ST
MAXSON RD
MEEKER AVE
L
U
D
E
R
AV
E
ENLOE ST
B
R
UIN
AV
E
DODSON ST
REMER ST
G
RA
N
A
DA
AVE
LEAFDALE AVE
HERB ST
ALLGEYER AVE
ALPACA ST
WEAVER ST
RIO HONDO PKWY
FLORADALE AVE
VACCO ST
D
E
L
C
O
AV
E
MIL
L
E
T
AV
E
OWENS WAY
A
D
E
L
AI AV
E
S
A
S
T
R
E
AV
E
MAGNOLIA ST
C
O
N
TIN
E
N
TA
L
AV
E
GALAX ST
MAPLEFIELD ST
BROADMEAD ST
PENN MAR AVE
LINARD ST
KAYD
E
L
RD
KE
LLA
AVE
H
U
M
B
E
RT
AV
E
LIDCOMBE AVE
PELLISSIER PL
ASHER ST
SAN GABRIEL RIVER FWY
LEXINGTON GALLATIN RD
HOYT PARK PL
FRUITVALE AVE
PELLISSIER RD
ALS DR
MABEL AVE
FAWCETT AVE
PARKWAY DR
PEARSON
AVE
C
O
N
S
O
L
AV
E
TA
M
O
R
A
AV
E
M
U
S
G
R
O
V
E
AV
E
WHITMORE ST
GIOVANE ST
ANDREWS ST
D
E
E
AV
E
LEXHAM AVE
EL POCHE ST
LA
S
H
B
R
O
O
K
AV
E
MARD
E
L
AVE
BRYCE RD
PINEVILLE ST
MARYVINE ST
H
AV
E
N
PA
R
K
AV
E
KALE ST
N
E
W
D
E
A
L
AV
E
BUNKER AVE
CHOSEN ST
FACTORIAL WAY
FARMER AVE
SAN LEON DR
BONWOOD RD
DRIGGS
DR
HEGLIS
AVE
REDSTONE ST
RICHWOOD AVE
N
O
R
E
M
A
S
T
MAROON ST
BELCROFT AVE
ALESIA ST
SAN IGNACIO DR
VA
N
E
AV
E
REDBERRY ST
HAYWARD WAY
FLAIR DR
SAN PIERRE DR
M
A
RY
B
E
T
H
AV
E
BARRINGER ST
JOE VARGAS WAY
FRANK STILES ST
ANDERSON RD
MAX SHAPIRO WAY
M
AY
F
A
RI AV
E
FAMOSA
ST
F
R
EI N
D
S
W
O
O
D
AV
E
H
A
B
E
R
AV
E
FLORADALE AVE
GIOVANE ST
FINEVIEW ST
WEAVER ST
H
AV
E
N
PA
R
K
AV
E
KLINGERMAN ST
FARNDON ST
SANTA ANITA AVE
FRUITVALE AVE
COGSWELL RD
LEXHAM AVE
BUNKER AVE
POMONA FWY
GARVEY AVE
E
D
WA
R
D
S
AV
E
A
D
E
LIA
AV
E
FERN ST
S
TAT
E
R
T
E 19
EL POCHE ST
ALPACA ST
M
E
E
K
E
R
AV
E
SCHMIDT RD
ALESIA ST
GIOVANE ST
ALLGEYER AVE
LEAFDALE AVE
L
U
D
E
R
AV
E
S
A
S
T
R
E
AV
E
EL POCHE ST
BROADMEAD ST
C
E
N
T
RA
L
AV
E
D
O
R
E
E
N
AV
E
FERN ST
PECK
RD
M
E
R
C
E
D
AV
E
PENN MAR AVE
DURFEE AVE
PENN MAR AVE
BONWOOD RD
A
D
E
L
AI AV
E
S
A
S
T
R
E
AV
E
RUSH ST
S
E
A
M
A
N
AV
E
MARYVINE ST
D
O
D
S
O
N
S
T
BONWOOD RD
L
O
M
A
AV
E
KALE ST
R
O
S
E
M
E
A
D
B
LV
D
REMER ST
PECK
RD
PECK RD
G
R
A
N
A
D
A
AV
E
STATE RTE 60
ENLOE ST
LA
S
H
B
R
O
O
K
AV
E
I- 605
DURFEE AVE
SCHMIDT RD
ALPACA ST
P
E
C
K
R
D
S
T
R
O
Z
EI R
AV
E
MIL
L
E
T
AV
E
COGSWELL RD
REMER ST
KLINGERMAN ST
WHITMORE ST
0 0.1 0.2 0.4 0.6 0.8
Mile s
City of El Monte
County of
Los Angeles
Whittier Narrows
Regional Park
Jo e Vargas Way
Kale Av
Kayann Pl
Kayford Av
Klin ge rm an St
LaMad rin aDr
Lash broo k Av
Law ton St
Le afd ale Av
Le e Av
Le rm aR d
Le xh am Av
Le xin gton -Gallatin R d
Lid com be Av
Lin ard St
Linn Av
Lom aAv
Lorin Av
Lud e r Av
Mable Av
Mape lfie ld St
Marybe th Av
MaxSh ap iro Way
Maxso n R d
Me rce d Av
Mich ae lHun t Dr
Mille tAv
Mo untain Vie w R d
Parlin St
Pau lso n Av
Pe ck R d
Pe nn Mar Av
Po tre ro Av
R e m e r St
R ose m e ad Blvd
R ush St
SantaAn itaAv
Saste r Av
Sch m id t R d
Se am an Av
Sh ow Ct
Sp rin gw o od St
Stro zie r Av
Te m o raAv
Th ie ne s Av
Tro yAv
Tyle r Av
Vacco St
We ave r St
Abrah am Dr
Ad e liaAv
Ad e litaLn
Ad so n Pl
Ale siaSt
Allge ye r Av
Al’s Dr
Alp acaSt
An d re w s St
ArcyLa
Back fo rd St
Barrin ge r St
Be lcro ftAv
Bro ad m e ad St
Bru in Av
Bu nk e r Av
Bu rk e ttR d
Byw ays St
Ce n tralAv
Ch ico Av
Co gsw e llR d
Con tine n talAv
Cortad aSt
Dan ie lso n Dr
De lco Av
Dore e n Av
Durfe e Av
Ed w ard s Av
Elliott St
ElPo ch e St
En lo e St
Estaban To rre s Dr
FactorialWay
Farm e r Av
Farnd on St
Faw ce ttAv
Fe rn St
Fin e vie w St
Flo rad ale Av
Fru itvale Av
Frank Stile s St
GalaxSt
Garve yAv
Gio vane St
Gran ad aAv
Gom e zPalacio Dr
HaigSt
Haym on d St
Hayw o rd Way
Have np ark Av
Ho ltw o od Av
Hum be rtAv
G7
D1-D6
E6
I8
D6-E6
G8-H7
D4
C5-F5
F8
F7
F7-G8
K6
I6-I7
F5-J8
B1-B2
I8-J7
J7-J8
G7-H8
F2-H8
C1-C6
F8-I5
H3-H4
B1
F8
G2,G5
G2,G5
F9-K5
F2-F4
G2-H2
C5-H5
D4-E4
F7-G7
D3-D4
F8
G6-J8
F7
A2-G2
I3
H6-I5
J7
J6
G6-H7
A1-D1
C1
H2-H3
F8-G8
H7
G7
E5
F5-F6
H8
D1-D2
D6-E6
D3-E3
I8
E6-E7
A3-I3
E7
C1-C2
E6
H7-I6
A1-A4
E7-F6
F8
E9-F8
G6-G7
I8-H7
E3
A2-A4
H3
G2-G5
A1-B1
G7-H8
C1-C2
D6-E6
I6-I7
E2-E7
G6-J8
F5-F6
I4
I7
H2-H3
H9-J5
H7-I5
D1-D6
C5-F5
B1-B4
A4-K6
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E3-E4
F3-H3
E2-E7
J8
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D2-D3
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A B C D E F G H I J K
9 8
7 6
5 4
3 2
1 City of
South El Monte
Cann abis Allow able Parce ls 700ft
Zoning
R -1 (Sin gle Fam ilyR e sid e ntial)
R -3(Mu lti Fam ilyR e sid e ntial)
C-R (Com m e rcial-R e sid e ntial)
C(Com m e rcial)
C-M(Com m e rcial-Manu facturin g)
M(Manu facturin g)
P-F(Pu blicFacilitie s)
CityBound ary
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Street Index
City Council Agenda Report
Agenda Item No. 12.a.
DATE: July 26, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY:
SUBJECT: Councilwoman Gracie Retamoza
1. Discussion on Allowing Walk In Hours for Planning and Building Department.
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 19.a.
DATE: July 26, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR JUNE 28, 2022
SUMMARY: Staff is requesting approval of the Minutes of the June 28, 2022, Successor Agency Meeting.
RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of June 28, 2022.
FISCAL IMPACT: None.
DISCUSSION: None.
ATTACHMENT(S):
A. Minutes
CITY OF SOUTH EL MONTE
SUCCESSOR AGENCY MEETING MINUTES
TUESDAY, JUNE 28, 2022 - 6:00 p.m.
Successor Agency Meeting Immediately Followed Regular City Council Meeting
15. ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE
SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting
16. CALL TO ORDER AND ROLL CALL
Chair Olmos called the meeting to order at 9:27 p.m.
PRESENT: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.
STAFF PRESENT: Rene Salas, Interim Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary; and Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
17. APPROVAL OF AGENDA
A motion was made by Board Member Delgado, seconded by Councilmember Angel to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.
NAYS: None.
18. PUBLIC COMMENTS
Chair Olmos opened public comment, there being none, closed public comment.
19. CONSENT CALENDAR
A motion was made by Vice Chair Acosta, seconded by Board Member Delgado to approve the Consent Calendar. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.
NAYS: None
19.a. Approved the Regular Successor Agency Meeting Minutes of May 24, 2022.
19.b. Approved the Successor Agency Board “go dark” on Tuesday, August 23, 2022.
20. EXECUTIVE DIRECTOR'S AGENDA – None
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 9:28 p.m. Chair Olmos adjourned the meeting.
________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair
Successor Agency Agenda Report
Agenda Item No. 19.b.
DATE: July 26, 2022
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. SA 22-02, APPROVING WARRANTS FOR THE PERIOD OF JULY
13, 2022, THROUGH JULY 26, 2022
SUMMARY: Authorizing payment of City expenditures for the period of July 13, 2022 through July 26, 2022 totaling $8,699.00
RECOMMENDED ACTION: Staff recommends The Board of Directors of the Successor Agency adopt Resolution No. SA 22-02, authorizing payment of City expenditures.
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. SA 22-02
B. Warrants 7.26.22
ATTACHMENT A
RESOLUTION NO. SA 22-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SOUTH EL MONTE
IMPROVEMENT DISTRICT, ALLOWING CERTAIN CLAIMS
AND DEMANDS FOR THE PERIOD OF JULY 13, 2022
THROUGH JULY 26, 2022 TOTALING $8,699.00
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SOUTH EL
MONTE IMPROVEMENT DISTRICT HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.
CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 21/22 Regular Warrants 07/13/2022-07/26/2022 10586 $6,699.00 FY 22/23 Regular Warrants 07/13/2022-07/26/2022 10690 $2,000.00 TOTAL EXPENDITURES RESOLUTION NO. SA22-02 $8,699.00
PASSED, APPROVED, AND ADOPTED this 26th day of July 2022. __________________________________
Gloria Olmos, Chair
ATTEST:
_____________________________
Donna G. Schwartz, Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, Secretary of the Successor Agency to the South El Monte Improvement District, do hereby certify that the foregoing Resolution, being Resolution No. SA 22-02, was duly passed and approved by the Successor Agency to the South El Monte Improvement District at a regular meeting of said Board held on the 26th day of July 2022, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, Secretary
ATTACHMENT B