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include:
i. Exterior photographs showing all sides of any existing structure( s); ii. Photographs of existing parking areas, landscaping, trash enclosure, and signage;
iii. Information on existing use on the site, including the addresses, uses, and square footages;
iv. Photographs of the existing site if the site is vacant; and v. Photographs of adjacent properties for context.
c. Up to ten points— A floor plan showing information on the existing layout and proposed layout of the building interior.
d. Up to ten points— Building elevations that provide information on existing conditions and proposed improvements.
e. Up to five points— A conceptual landscape plan with the percentage of landscaping in the parking lot, setback areas, and tree size and species. f. Up to five points— Colored interior renderings and exterior elevation renderings ( for both existing and/ or proposed improvements).
3. Business and Operations Plan— One Hundred Points. The one hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to ten points—A written description of the total square footage of the facility with estimated square footage of proposed uses. b. Up to ten points— A schedule for beginning operations, including a narrative outlining any proposed construction improvements and a timeline for completion. c. Up to ten points— A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operating costs. d. Up to five points— A description of the sources( s) of capital and use( s) of capital.
e. Up to ten points— Pro forma financial statements for at least three years of operation.
f. Up to five points— A description of the type of products to be sold and the estimated quantity and value of product( s) to be sold.
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g. Up to five points— A description of marketing procedures and tactics. h. Up to ten points— A description of day- to-day operations that should acknowledge both state and local laws and should be consistent with industry best practices.
i. Up to five points— A description of hours of operation and opening procedures.
j. Up to ten points— A description of cash handling procedures. k. Up to ten points— A description of inventory control procedures to include identification of point- of-sale systems, and track and trace software. l. Up to ten points— A description of transportation, loading and unloading, distribution, or delivery procedures.
4. Security Plan— One Hundred Points. The one hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to twenty points— The security plan shall be prepared by a professional security consultant.
b. Up to ten points— A premises security diagram.
c. Up to fifty points— A description of access control, inventory control, cash handling, and other security procedures and security equipment demonstrating compliance with the security requirements under this chapter.
d. Up to ten points—A description of the intrusion alarm and monitoring system including the name and contact information for the monitoring company. e. Up to ten points— A description of the services of on- site security guards to include the: ( i) number of security guards; ( ii) hours security guards will be on site; ( iii) locations where security will be positioned; and ( iv) security guard responsibilities.
5. Safety Plan— One Hundred Points. The one hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to twenty points— The safety plan shall be prepared by a professional fire prevention and suppression consultant.
b. Up to ten points— A premises safety diagram to include: ( i) a description/ illustration of evacuation routes; and (ii) location of fire extinguishers and other fire suppression equipment.
c. Up to fifty points— A description of safety procedures, training for emergency situations, and safety equipment demonstrating compliance with the safety
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requirements under this chapter.
d. Up to ten points— Identify all gases, pesticides, and chemicals to be used and their storage locations.
e. Up to ten points— A description of the firm alarm and monitoring system including the name and contact information for the monitoring company.
6. Neighborhood Compatibility Plan— One Hundred Points. The one hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to forty points— A “ Good Neighbor Policy” that: ( i) includes policies and measures in place to protect adjacent uses from any potential impacts ( e.g., noise, light, odor, traffic, etc.) related to the proposed cannabis business; and ( ii) describes how the cannabis business and its operating characteristics will be proactively managed so the business is not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding area and will not result in the creation of a nuisance.
b. Up to twenty points— A description of odor mitigation practices to include:
i) identifying potential sources of odor; ( ii) a description of odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the permitted premises; and ( iii) all proposed staff odor training and system maintenance. c. Up to twenty points—A description of a waste management plan that includes waste disposal locations within the proposed premises and the applicant’ s security measures and methods of rendering waste unusable and unrecognizable. d. Up to twenty points— A description of efforts at
sustainability/ environmental impact mitigation.
7. Community Benefits Plan— One Hundred PointsThree Hundred Fifty Points. The people of the city find that monetary donations to local non- profit organizations, financial support of city sponsored activities or organizations, in kind donations to the city or other charitable organizations, and economic incentives to the city carry out the purpose and intent of the program and are, therefore, critical for an applicant to demonstrate an effective community benefits plan.
Accordingly, fifty two hundred of the three hundred fiftyone hundred points awardable under this subsection shall only be awarded if the applicant pledges to voluntarily provide a public benefit to a public use ( or a combination thereof), which is defined as a direct financial contribution equal to two percent of projected gross receipts of the applicant to a public school located within the city, a public park located within the city, and/ or a public or nonprofit community organization serving the city or its residents. Beyond the above and as a ministerial duty, no further direct financial contributions shall be considered as part of an applicant’ s community benefits plan.
The remaining fifty one hundred fifty of the three hundred fifty one hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective
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criteria:
a. Up to twenty- fivefifty points— A description of a social responsibility plan to include identification of a community liaison, plans to serve as a social equity business incubator, plans to aide and participate in the work of local non- profits, community- based organizations, civic organizations, or social services organizations. b. Up to twenty- fivefifty points— A description of a plan to develop a public health outreach and educational program that outlines the risks of youth use of cannabis and that identifies resources available to youth related to drugs and drug addiction. c. Up to fifty points – A proposal and description of any community benefits agreement proposed by the applicant pursuant to Section 5.26.130.
8. Labor and Employment Plan— Two Hundred Points. The people of the city find that a proven track- record of cannabis retailer operations with high labor standards and commitment to labor peace carries out the purpose and intent of the program and are, therefore, critical for an applicant to demonstrate an effective labor and employment plan. Accordingly, one hundred of the two hundred points awardable under this subsection shall only be awarded if the applicant provides documentation that the individual or natural person owner or owners of the applicant ( disregarding any intervening or intermediary entity owner or owners of the applicant) with an aggregate ownership interest of fifty percent or more have entered into collective bargaining agreements with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals (and remaining effective, inclusive of renewals, on the date of the application submission under this section) and such collective bargaining agreements accrete or automatically apply to all cannabis retailers permitted or licensed in the State after July 1, 2021 ( notwithstanding the fact that employees of such cannabis retailers permitted or licensed in the state after July 1, 2021 ( if any), have yet to have had an opportunity to recognize the labor organization that currently represents cannabis workers in the United States), by the individual or natural person owner or owners of the applicant ( disregarding any intervening or intermediary entity owner or owners of the applicant) with an aggregate ownership interest of ninety percent or more referenced above.
The remaining one hundred of the two hundred points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to ten points— An organizational chart of showing owners, managers, and employees.
b. Up to ten points— A description of the owner’ s and manager’ s roles in dayto-day operations and decisions. c. Up to ten points— A description of the number of employees, title/position, and their respective responsibilities.
d. Up to fifteen points— A description of compensation to employees, opportunities for continuing education, and employee training.
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e. Up to fifteen points— A description of whether the cannabis business is committed to offering employees a living wage.
f. Up to fifteen points— A description of benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment.
g. Up to fifteen points— A description of a plan to recruit employees from socially and economically disadvantaged backgrounds.
h. Up to ten points— A description of a plan to have at least fifty percent of employee positions filled and hours worked by employees residing in the city.
E. Upon timely receipt of a commercial cannabis operation permit application, the city manager shall conduct background checks in accordance with Section 5.26.110( H). Following review and scoring of applications completed pursuant to objective review criteria under subsection D, the city manager shall, as a ministerial duty, recommend that the city council issue commercial cannabis operation permits to applicants in order of their rank under subsection D up to the maximum number of commercial cannabis operation permits authorized in Section 5.26.060.
The city council shall consider the city manager’ s recommendations, and may conduct its own independent review and scoring of applications completed pursuant to objective review criteria under subsection D and substitute such review and scoring for that of the city manager in whole or in part ifit sees fit to do so, and shall thereupon, as a ministerial duty, issue commercial cannabis operation permits to applicants in order of their rank under subsection D up to the maximum number of commercial cannabis operation permits authorized in Section 5.26.060. For the initial iteration of the application process pursuant to this section, the number of commercial cannabis operation permits issued shall be no more than the maximum number of Commercial Cannabis Operation Permits authorized in Section 5.26.060(A)two retailers ( medical- only) and one retailer medical/ adult use) commercial cannabis operation permits. In the event of a tie in the order of ranking under subsection D between one or more applicants up to the maximum number of commercial cannabis operation permits authorized in Section 5.26.060, the city council shall, as a ministerial duty, break the tie and issue commercial cannabis operation permits to the applicants with the highest scoring application component in the following order: ( 1) qualifications of the applicant’ s owners and managers; ( 2) community benefits plan; (3) labor and employment plan; 43) security plan; ( 54) safety plan; ( 5) community benefits plan; ( 6) neighborhood compatibility plan; ( 7) business and operations plan; and ( 8) plans, renderings, and overall location. In the event of a tie on all application components between one or more applicants up to the maximum number of commercial cannabis operation permits authorized in Section 5.26.060, the city manager shall not hold a public lottery, but rather arrange for the tied applicants to provide public presentations before the city council, after which the city council shall publicly rank the applicants pursuant to ranking sheets prepared by the city manager that achieve a forced ranking based on all of the objective review criteria and quantitative evaluation scale in subsection D, and the city council shall issue commercial cannabis operation permits to applicants in order of their rank up to the maximum number of commercial cannabis operation permits available following the city manager’ s/city council’ s original ranking and issuance of commercial cannabis operation permits and the limits contained in Section 5.26.060. However, the city council shall not issue a commercial cannabis operation permit to any applicant with an applicant, owner, or manager that:
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1. Provided false or misleading information on the applicant’ s commercial cannabis operation permit application;
2. Has been convicted of (or pled no contest to) “ an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made” as that term is defined in Section 26057( b)( 4) of the State Business and Professions Code; or
3. Has been sanctioned by a licensing authority or a city, county, or state for unlicensed commercial cannabis operations or has had a license suspended or revoked under MAUCRSA in the three years immediately preceding the date the application was submitted.
F. Any decision of the city council under this Section 5.26.070 shall be a final administrative decision not subject to administrative appeal under any provisions of this chapter or any provisions of this Code but, rather, subject to judicial review and remedies.
G. In the event that: ( 1) the number of active, operating retailer ( medical- only or medical/ adult- use) commercial cannabis operations and issued commercial cannabis operation permits falls below the maximum number of commercial cannabis operation permits for retailer ( medical- only or medical/ adult- use) commercial cannabis operations authorized in Section 5.26.060; or ( 2) the city council is ordered to increase the maximum number of commercial cannabis operation permits issued for retailer ( medical- only or medical/ adult- use) commercial cannabis operations by a court of competent jurisdiction as a judicial remedy ( e.g., if a court of competent jurisdiction orders the city council to make commercial cannabis operation permits available for non-storefront retailer delivery only) ( including retailers or microbusinesses engaged in delivery) commercial cannabis operations based outside the city to engage in delivery within the city), the city manager shall, as a ministerial duty, within thirty days reinstitute the application procedure under this Section
5.26.070, subject to the maximum number of commercial cannabis operation permits authorized and available ( not allocated to an active, lawfully operating retailer) for issuance pursuant to Section 5.26.060. However, if the city council determines to not issue any permits pursuant to Section 5.26.070( I), then the city manager shall not be required to reinstitute the application procedure provided herein unless directed to do so by a majority of the city council. For the purpose of this section, a retailer ( medical- only or medical/ adult- use) commercial cannabis operation shall be considered operating if: (1) upon initial issuance of commercial cannabis operation permit (or approval of a change in location pursuant to Section 5.26.100), the retailer commercial cannabis operation commences lawful operations within twenty- four months; or ( 2) following initial commencement of lawful operations, the retailer commercial cannabis operation does not cease or abandon operations for one hundred eighty consecutive or cumulative days in any one- year period.
H. Additionally, pursuant to Section 5.26.060(B), at any time after the first year following during the second year from the operative date of this chapter, the city council may, by resolution or minute action, reinstitute the application procedure under this section for the purpose of considering issuance of one additional retailer ( medical/ adult- use) commercial cannabis operation permits up to the maximum provided, in which case the maximum number of commercial cannabis operation permits for retailer ( adult- use/ medical) commercial cannabis operations based in the city shall increase from one to two as stated in Section 5.26.060( B).
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I. Notwithstanding anything to the contrary in this chapter, the city council is not required or obligated to issue any commercial cannabis operation permits to any applicants pursuant to this chapter if the city council determines that the issuance of such permits would be detrimental to the public health and safety.
5.26.080 Limitations on the city’ s liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to having issued a commercial cannabis operation permit pursuant to this chapter or otherwise approving any retailer commercial cannabis operation. As a condition to the approval of any commercial cannabis operation permit, the applicant shall be required to meet all of the following conditions before they can receive a commercial cannabis operation permit:
A. Execution of an agreement, in a form approved by the city attorney, agreeing to indemnify, defend ( at applicant’ s sole cost and expense), and hold the city, and its officers, officials, employees, representatives, and agents harmless, from any and all claims, losses, damages, injuries, liabilities, or losses which arise out of or which are in any way related to the city’ s issuance of the commercial cannabis operation permit, the city’ s decision to approve the retailer commercial cannabis operation, the process used by the city in making its decision, or the alleged violation of any federal, state, or local laws by the retailer commercial cannabis operation or any of its owners, managers, officers, employees, or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city attorney.
C. Defend and indemnify the city, its elected and appointed officials, employees and attorneys for all costs and expenses, including, but not limited to, attorneys’ fees and court costs, that the city may be required to pay as a result of any legal challenge related to the city’ s approval of the applicant’ s commercial cannabis operation permit, any matter arising from the operations of said cannabis business and/ or related to the city’ s approval of retailer commercial cannabis operations.
The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall neither relieve nor increase any of the obligations imposed on the applicant hereunder.
D. Provides written authorization to the operations officers to conduct reasonable unannounced inspections of the location of the commercial cannabis operation at the reasonable discretion of the city, including, but not limited to, inspection of security, inventory, and written records and files pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with this chapter and all laws of the city and the state.
5.26.090 Commercial cannabis operation permit term.
A. Subject to this section and Section 5.26.160, the term of each commercial cannabis operation permit shall be indefinite.
B. Upon the one- year anniversary of the date of issuance for each commercial cannabis operation permit and every year thereafter, the city manager shall conduct a performance review
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of the permittee to assess compliance with the requirements of this chapter and state law. Within thirty days of the conclusion of the annual performance review of the permittee, the city manager shall issue a letter of compliance or noncompliance outlining all items to be corrected to ensure full compliance, which shall include deadlines for completion of such items. The city manager may revise such deadlines if he or she determines that additional time is needed to complete such items. In the event of any noncompliance, the permittee shall have sixty days to remedy such noncompliance. However, in the event such noncompliance items cannot be reasonably remedied within sixty days, such noncompliance items shall not constitute a serious material violation of any law and/ or any rule, regulation, and/ or standard adopted pursuant to this chapter subject to suspension or revocation under Section 5.26.160 if the permittee commences correction of such noncompliance items within sixty days and thereafter diligently prosecutes correction of such noncompliance items to completion.
C. The permittee shall pay a fee in an amount to be set by the city council via resolution to cover the costs of conducting the performance review, together with any costs incurred by the city to administer the program created under this chapter.
5.26.100 Change in location— Transfer— Updated application information.
A. A permittee may change the business location specified in a commercial cannabis operation permit upon submission and approval of a change in location application promulgated, as a ministerial duty, by the city manager pursuant to regulations adopted under Section 5.26.140 within one hundred eighty days following the effective date of this chapter . The permittee shall pay an application fee established by resolution of the city council to cover all costs incurred by the city in the review and processing of change in location applications. The city manager shall process such change in location applications as a ministerial duty within thirty days of receipt.
B. An owner of a commercial cannabis operation permit shall not transfer ownership or control of such commercial cannabis operation permit to another person unless and until the permittee and transferee obtain an amendment to the commercial cannabis operation permit that is approved by the city council upon recommendation from the city manager stating that the permit may be transferred. A permittee may change the ownership specified in a commercial cannabis operation permit upon submission and approval of a change in ownership application promulgated, as a ministerial duty, by the city manager pursuant to regulations adopted under Section 5.26.140 within one hundred eighty days following the effective date of this chapter . The permittee shall pay an application fee established by resolution of the city council to cover all costs incurred by the city in the review and processing of change in ownership applications. The city manager shall process such change in ownership applications as a ministerial duty within thirty days once the city manager reasonably determines that the transferee passed the background check required for owners and meets all other requirements of this chapter.
C. Notwithstanding subsection B, during the first three years following the issuance of a commercial cannabis operation permit, the city manager shall not process any application to change the ownership or control of a commercial cannabis operation permit that results in the permittee altering its ownership composition in a manner that would result in the permittee not being entitled to points it was awarded when the permittee was an applicant pursuant to Section
5.26.070. For example, if a permittee received one hundred points when it was an applicant for
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providing documentation that the individual or natural person owner or owners of the applicant disregarding any intervening or intermediary entity owner or owners of the applicant) with an aggregate ownership interest of ninety percent or more have entered into a collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals ( and remaining effective, inclusive of renewals, on the date of the application submission under this section), the city manager shall not process or authorize any change in ownership or control of the permittee if the change would result in the permittee being unable to continue to satisfy the aforementioned criteria subsequent to its approval.
D. Notwithstanding subsection B, no commercial cannabis operation permit may be transferred when the city manager has notified the permittee that its commercial cannabis operation permit has been or may be suspended or revoked.
E. Any attempt to transfer a commercial cannabis operation permit either directly or indirectly in violation of this section is hereby declared void, and such an unpermitted transfer shall be deemed a ground for revocation of the permit.
F. An applicant or permittee shall notify the city manager or designee( s) within fifteen calendar days of any material change in the information provided in the applicant or permittee’ s commercial cannabis operation permit application or any change in status of compliance with the provisions of this chapter, including any change in ownership or management.
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 state 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 of the city council, or by the city manager pursuant to Section 5.26.140.
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
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at least ninety 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 twenty- four hours per day, seven 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.
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 Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with Section 7590, et seq., of the State Business and Professions Code 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.
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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.
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 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 in-kind 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 seven years and are subject to immediate inspection ( consistent with requirements pertaining to qualified patient confidentiality pursuant to applicable state and federal
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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 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.
2. A 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 seventy- two 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 state 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
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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 state 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 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 twenty 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 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. A permittee shall take all reasonable steps to discourage and correct conditions
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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 department 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 building, illegal drug activity, harassment of those passing by, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or law enforcement detentions and arrests.
P. Upon and after receiving possession of a commercial cannabis operation permit as provided for in this chapter, a permittee shall:
1. 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 subsection H 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 subsection H for any current employee.
2. Maintain continuing compliance with all applicable insurance requirements, including, but not limited to, those imposed by the city and this chapter.
Q. Workforce Plan. A permittee shall implement a workforce plan that includes at least the following provisions:
1. Commitment for thirty percent of employees to be local hires; this local hiring requirement is satisfied when a permittee shows that it has either hired or made a good faith effort to hire bona fide residents of the city or persons that may establish residency after initial employment with the permittee;
2. Commitment to offer apprenticeships and/ or compensation for continuing education in the field of commercial cannabis operations; and
3. Paying a living wage to employees. “ Living wage” means compensation equivalent to twenty dollars per hour inclusive of benefits but excluding tips.
R. 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
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applicable law, including this Code, regulating such use and the location of such use, including, but not limited to, Section 11362. 5 of the State Health and Safety Code and Section 11362. 71 et seq., of the State Health and Safety Code: A clinic licensed pursuant to Chapter 1 of Division 2 of the State Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the State Health and Safety Code; a residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the State Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the State Health and Safety Code; and a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the State Health and Safety Code.
5.26.120 Retailer operating standards and restrictions.
A retailer commercial cannabis operation shall operate in conformance with both 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 commercial cannabis operation permit for a retailer commercial cannabis operation to ensure that its operation is in compliance with state 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 pursuant to Section 5.26.140.
A. City Permit and State License. No person shall engage in retailer commercial cannabis operations without both a current and valid commercial cannabis operation permit and a current and valid equivalent state license as provided for under Section 26200 of the State Business and Professions Code, and as may be amended. Retailer ( medical- only) commercial cannabis 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.
B. State Standards. All state requirements and regulations that govern retailer commercial cannabis operations, including, but not limited to, the regulations promulgated by the State Department of Cannabis Control, and as may be amended, shall apply as minimum requirements and regulations and requirements for retailer commercial cannabis operations within the city, in addition to the requirements and regulations of this chapter and this Code.
C. Location and Design Requirements. Pursuant to the authority delegated by the state to the city under Section 26054( b) of the State Business and Professions Code and overriding the location and design requirements contained in Section 26054( b) of the State Business and Professions Code, retailer commercial cannabis operations in the city shall be subject to the following location and design requirements:
1. Retailer commercial cannabis operations shall be a permitted use subject to this chapter on property: ( 1) located more than one thousand feet any retailer commercial cannabis operation permitted under this chapter, alcohol or drug treatment facility, day care center, religious institution, school, or youth center; ( 2) located more than one thousand feet from the city’ s jurisdictional boundary or any park or residentially zoned property; and ( 3) zoned C (commercial
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zone) or C-M (commercial- manufacturing zone) including any overlay zone districts covering the C (commercial zone) or C-M (commercial- manufacturing zone).
2. The distances specified in subsection C shall be the horizontal distance measured in a straight line from the parcel line of the sensitive use to the closest parcel line of the lot on which the cannabis retailer is to be located without regard to intervening structures. The one thousand foot distance specified in subsection C may be reduced to as little as nine hundred feet by administrative regulation pursuant to Section 5.26.140 if necessary to allow for issuance of the number of commercial cannabis operation permits provided by this chapter.
3. Each retailer commercial cannabis operation shall:
a. Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
Odors from the cannabis retailer shall not be detectable from outside the premises and adequate odor control technology shall be utilized;
b. Be provided with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for the intended purpose; and c. Provide and maintain a neighborhood compatibility plan so the city manager or designee( s) may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
D. Customers.
1. Prior to dispensing medical cannabis or medical cannabis products to a qualified patient, a retailer commercial cannabis operation shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen years and obtain verification from the recommending physician that the person requesting medical cannabis or medical cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation, or identification card, as described in Section 11362. 71 et seq., of the State Health and Safety Code, as may be amended from time to time, on site for period of not less than seven years.
2. Prior to dispensing cannabis or cannabis products to an adult- use customer, a retailer ( medical/ adult- use) commercial cannabis operation shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of twenty- one years.
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 retailer sales floor and any storage areas shall be locked at all times, and under the control of employees.
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G. 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.
H. Signs. A retailer commercial cannabis operation shall notify customers ( verbally or by written agreement) and by posting a notice or notices conspicuously at least fifteen- point type within permitted premises that state as follows:
1. “ The sale or diversion of cannabis or cannabis products without a license issued by persons entering the site, the city of South El Monte is a violation of state law and the South El Monte Municipal Code.”
2. “ Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest.”
3. “ Customers must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance.”
4. “ WARNING: The use of cannabis or cannabis products may impair a person’ s ability to drive a motor vehicle or operate heavy machinery.”
5. “ CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabisderived products will expose you and those in your immediate vicinity to cannabis smoke.
Cannabis smoke is known by the State of California to cause cancer and reproductive harm.” I. No Recommendations On Site. A retailer commercial cannabis operation shall not have a physician or any person licensed to recommend medical cannabis for medical use at the location of the retailer commercial cannabis operation to provide a recommendation or physician’ s recommendation, for the use of medical cannabis.
J. Sanitation. A 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.
K. Training. A permittee shall establish and implement written procedures that provide for the highest industry standards of training for employees.
L. Prohibited Activities. No cannabis cultivation, testing or manufacturing shall occur within the premises of the retailer operation.
M. No Alcohol. Retailer commercial cannabis 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.
N. No Lounge or Café. Retailer commercial cannabis operations shall not operate as a lounge,
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café 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.
O. Age Restriction. Minors, except qualified patients or primary caregivers over the age of eighteen years old as verified customers, are prohibited from entering the location of the retailer cannabis operation.
P. 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.
5.26.125 Delivery operating standards and restrictions.
A. Delivery shall comply with state law at all times.
B. Security plans developed pursuant to this chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
C. A commercial cannabis operation engaged in delivery shall facilitate the delivery of cannabis or cannabis products with a technology platform owned by or licensed to the deliveryonly commercial cannabis operation engaged in delivery that uses point- of-sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the commercial cannabis operation engaged in delivery and customer:
1. The identity of the individual dispensing cannabis or cannabis products on behalf of the commercial cannabis operation engaged in delivery;
2. The identity of the customer receiving cannabis or cannabis products from the commercial cannabis operation engaged in delivery;
3. The type and quantity of cannabis or cannabis products dispensed and received;
4. The gross receipts charged by the commercial cannabis operation engaged in delivery and received by the individual dispensing cannabis or cannabis products on behalf of the commercial cannabis operation engaged in delivery for the cannabis or cannabis products dispensed and received; and
5. The location or address where the sale or retail sale took place or closed.
D. A commercial cannabis operation engaged in delivery shall maintain a database and provide a list of the individuals and vehicles authorized to conduct delivery, and a copy of the valid state driver’ s license issued to the driver of any such vehicle on behalf of the commercial cannabis operation engaged in delivery to the city manager.
E. Individuals making deliveries of cannabis or cannabis products on behalf of the commercial cannabis operation engaged in delivery shall maintain a physical copy of the delivery request ( and invoice) and shall make it available upon the request of agents or employees of the
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city requesting documentation.
F. During delivery, a copy of the commercial cannabis operation engaged in delivery’ s commercial cannabis operation permit and state license shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the city requesting documentation.
G. A commercial cannabis operation engaged in delivery shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is: (1) insured at or above the legal requirement in the state; ( 2) capable of securing ( locking) the cannabis or cannabis products during transportation; ( 3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and ( 4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a commercial cannabis operation engaged in delivery.
H. A commercial cannabis operation engaged in delivery shall facilitate deliveries with a technology platform owned by or licensed to the commercial cannabis operation engaged in delivery that uses global positioning system technology to track, and database technology to record and store the following information:
1. The time that the individual conducting delivery on behalf of the commercial cannabis operation engaged in delivery departed its premises.
2. The time that the individual conducting delivery on behalf of the commercial cannabis operation engaged in delivery completed delivery to the customer.
3. The time that the individual conducting delivery on behalf of the commercial cannabis operation engaged in delivery returned to its premises.
4. The route the individual conducting delivery on behalf of the commercial cannabis operation engaged in delivery traveled between departing and returning to its premises to conduct delivery.
5. For each individual delivery transaction, the identity of the individual conducting deliveries on behalf of the commercial cannabis operation engaged in delivery.
6. For each individual delivery transaction, the vehicle used to conduct delivery on behalf of the commercial cannabis operation engaged in delivery.
7. For each individual delivery transaction, the identity of the customer receiving cannabis or cannabis products from the commercial cannabis operation engaged in delivery.
8. For each individual delivery transaction, the type and quantity of cannabis or cannabis products dispensed and received.
9. For each individual delivery transaction, the gross receipts charged by the commercial cannabis operation engaged in delivery and received by the individual conducting deliveries on behalf of the commercial cannabis operation engaged in delivery for the cannabis or
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cannabis products dispensed and received.
I. The individual making deliveries on behalf of the commercial cannabis operation engaged in delivery shall personally verify for each individual delivery transaction the identity of the customer receiving cannabis or cannabis products from the commercial cannabis operation engaged in delivery and: ( 1) for medical cannabis or medical cannabis products to a qualified patient, the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Section 11362. 71 et seq., of the State Health and Safety Code, as may be amended from time to time, on site for period of not less than seven years; or (2) for cannabis or cannabis products to an adult- use customer, age and all necessary documentation of each customer to ensure the customer is not under the age of twenty- one years.
5.26.130 Community benefit agreement.
The applicant may propose entering into a community benefit agreement in an amount and by terms set by city council resolution 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.
5.26.140 Administration.
A. Consistently with stated requirements of this chapter ( and in particular not to repeal or constructively repeal this chapter), in addition to any regulations adopted under state law, the city manager is authorized to establish any additional rules, regulations, and standards governing the issuance or denial of commercial cannabis operation permits, the ongoing operation of commercial cannabis operations and the city’ s oversight thereof, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
B. Such regulations shall be approved by resolution of the city council published on the city’ s website.
C. Regulations promulgated, by the city manager, shall become effective upon date of publication on the city’ s website or posting at the location for the city council’ s meeting agendas .
Commercial cannabis operations shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the city manager.
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 or ordinances to recover any and all fees and costs incurred by the administration and
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implementation of this chapter through an appropriate fee recovery mechanism to be imposed upon commercial cannabis operations.
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 materially comply with any provision of this chapter, any commercial cannabis operation permit condition, or any agreement or covenant required or made pursuant to this chapter.
B. Notwithstanding subsection A, the city manager may suspend or revoke a commercial cannabis operation permit if any of the following occur:
1. The equivalent state license has been suspended or revoked by the state; or
2. Operations cease for more than one hundred eighty consecutive or cumulative days in any one- year period; or
3. Ownership is changed or transferred without complying with Section 5.26.100; or
4. The commercial cannabis operation fails to maintain required security camera recordings; or
5. 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.
6. The commercial cannabis operation fails to timely make the corrections required pursuant to Section 5.26.090.
7. The commercial cannabis operation fails to pay any fees required by this chapter.
C. Conditions ( if any) of suspension or revocation are at the reasonable 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 reasonable determination) for the holder of the suspended or revoked commercial cannabis operation permit to resubmit an application for a commercial cannabis operation permit pursuant to the requirements of this chapter.
5.26.170 Appeals.
Any decision regarding the city manager’ s suspension or revocation of a commercial cannabis operation permit pursuant to Section 5.26.160 may be appealed to the city council by a permittee or interested party as follows:
A. If the appellant wishes to appeal a decision to the city council, the appellant must file a
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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, state the reasons for the appeal, and 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 thirty days of receipt by the city clerk of the written appeal.
C. The appeal hearing shall be held within sixty days of the filing of the written appeal with the city clerk, unless the sixty-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 ninety days of a determination being made final.
5.26.180 Violations and penalties— Public nuisance.
A. Any material violation of the provisions of this chapter is punishable as a misdemeanor or an infraction, at the discretion of the city attorney, pursuant to Chapters 1.14 and 1.16 of this Code, except for as preempted by state law and material any violation of the provisions of this chapter is subject to administrative citation, at the reasonable 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 material 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 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 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 material 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.
5.26.190 Service of notices.
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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.
5.26.200 Prohibitions.
A. Any commercial cannabis operation in violation of 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.
5.26.210 Nonconforming use.
No use which purports to have engaged in commercial cannabis operations 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 city ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.
5.26.220 Exceptions.
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 twentyeight 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; or
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 Sections 11362. 1 and 11362. 2, of the State Health and Safety Code, as may be amended from time to time.
B. This chapter shall also not prohibit any commercial cannabis operations that the city is required by law to permit within its jurisdiction pursuant to state law.
5.26.230 Operative date.
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This chapter shall be operative ten 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 this chapter at such election.
5.26.240 Severability.
If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this chapter 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 chapter.
The people of the city of South El Monte hereby declare that they would have adopted this chapter 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.
5.26.250 City council authority to amend.
The city council has the right and authority to amend this chapter, with the exception of Section
5.26.060 ( which may only be amended: ( i) if ordered to do so by a court of competent jurisdiction as a judicial remedy; or (ii) by a vote of the people of the city), to further its purposes and intent including, but not limited to, amendment for more efficient administration as determined by the city council), in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution, pursuant to Elections Code Section 9217.
5.26.260 City councilmember conflicts of interest.
Notwithstanding any other provision of this chapter, prior to participating in any decision relating to a cannabis business, each city councilmember shall do all of the following A. Disclose on the record any financial interest in the cannabis business that is subject to the decision.
B. Disclose on the record any campaign contributions and benefits or gifts received from the cannabis business that is subject to the decision.
C. Disclose on the record any ex parte communications that the city councilmember may have had with a cannabis business that is the subject of the decision.
D. Each city councilmember shall warrant and represent, on the record and in a form approved by the city council, that they have complied with these requirements and all applicable law.
If it is later determined that a city councilmember has not complied with the above requirements or if it is determined that a city councilmember has violated applicable law, then the city councilmember is disqualified from all decisions relating to the cannabis business subject to the decision. The requirements of this Section 5.26.260 shall be in addition to any applicable law, including, without limitation, the California Political Reform Act and the related regulations of the Fair Political Practices Commission.
City Council Agenda Report
Agenda Item No. 9.b.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: FISCAL 2025-26 MID-YEAR BUDGET REVIEW
SUMMARY: Fiscal 2025-26 Mid-Year Budget Review
RECOMMENDED ACTION: Staff recommend City Council discuss and provide direction to staff.
FISCAL/FINANCIAL IMPACT: The expected fiscal impact for Fiscal 2025–26 is approximately $400,000, increasing the General Fund surplus from $100,000 to $500,000. However, this forecast is subject to change based on revenues expected from future economic activity and the level of General Fund's expenditure in the second half of the fiscal year.
DISCUSSION: Prior to the adoption of the Fiscal 2025-26 Budget on July 1, 2025, the City held a Budget Study Session on June 3, 2025, and June 17, 2025, whereby City Council and staff worked together to balance the Fiscal 2025-26 budget, and to minimize the General Fund's reliance on reserves over the next four fiscal years (FY2026-27 through FY2029-30). This was accomplished by initiating five major cost-cutting measures:
1. Minimizing conference and seminar costs.
2. Conducting an RFP for IT services.
3. Providing a medical opt-out benefit to employees.
4. Outsourcing parking enforcement.
5. Not filling one vacant position for Code Enforcement.
The City resorted to the cost-cutting measures above, because of the expected decrease in the estimated sales tax revenues as a result of the global tariffs. The Fiscal 2025-26 adopted budget was balanced with a General Fund surplus of $100,570.
On January 8, 2026, staff met with HdL to go over the sales tax results for the period July 1, 2025 through September 30, 2025. Based on those results, the sales tax revenues
came in higher than budgeted, changing the estimated sales tax revenues for the fiscal year to be about $200,000 higher. Also, during the first half of the fiscal year, the General Fund expended less than appropriated. Based on forecasting this trend for the second half of the fiscal year, the General Fund surplus is now expected to be $533,070, or $432,500 higher than adopted. However, this forecast is subject to change due to many uncertainties that still exist in our economy.
For the past several years, the City has been diligent in improving its financial condition, intrusted with the funds from the passage of Measure ES and Measure SEM. The City has also been investing any idle funds wisely, earning nearly 5% in recent years. Although the interest rate has come down, the City still continues to earn about 4% on its idle funds.
The City is currently working diligently to prepare its Fiscal 2026-27 budget according to its budget preparation calendar with multiple rounds of review. Staff will continue to hold Budget Study Sessions with City Council.
The City received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for Fiscal Years 2021-22, 2022-23, and 2023-24 by submitting its audited Annual Comprehensive Financial Report (ACFR) to GFOA each year. The same ACFR's were reviewed by the California Policy Center, which publishes the fiscal health ranking of all counties, cities, and school districts in California. In Fiscal 2021-22, South El Monte was ranked 259 out of 456 cities. In Fiscal 2022-23, this ranking climbed to 99 out of 456 cities. In Fiscal 2023-24, this ranking climbed to 37 out of 410 cities, or in the top 10%. For Fiscal Year 2024-25, the City will be submitting its ACFR as well as its new Popular Annual Financial Report (PAFR) to GFOA for two separate independent awards. For Fiscal 2025-26, the City also received its first Distinguished Budget Presentation Award. In the near future, if the City is successful in obtaining all three Awards, that is on the ACFR, PAFR, and Budget, the City will be designated as a Triple Crown City by GOFA. Although the City has not yet solved all the challenges associated with the City's General Fund's financial future, such national awards and recognition should be celebrated, as it shows its on the right track.
Staff recommend City Council discuss and provide direction to staff. With good budgeting, financial reporting, and open dialogue, staff believes those challenges can be overcome.
ATTACHMENT(S):
A. FY25-26 Mid-Year Budget Presentation_01262026
FY2025-26
Mid-Year Budget Review
CITY OF SOUTH EL MONTE
February 3, 2026
FY 25-26 City-Wide Summary
Five Year Forecast Updated
City Cash & Investment Balances
FY 26-27 Budget Calendar
Statewide Fiscal Health Ranking
National Awards
2 OVERVIEW
Description 6 Months
Budget
6 Months
Actual
6 Months
Variance
12 Months
Budget
12 Months
Forecast
12 Months
Variance
General Fund
Revenues $13.2 $10.7 $(2.5) $26.5 $26.5 $0.0
General Fund
Expenditures 13.2 13.2 0.0 26.4 26.0 0.4
General Fund Total 0.0 (2.5) (2.5) 0.1 0.5 0.4
Special Revenue
Funds Revenues 13.9 8.1 (5.8) 27.8 18.1 (9.7)
Special Revenue
Funds Expenditures 16.2 5.9 10.3 32.5 22.1 10.4
Special Revenue
Funds Total (2.3) 2.2 4.5 (4.7) (4.0) 0.7
City-Wide Total $(2.3) $(0.3) $2.0 $(4.6) $(3.5) $1.1
3 FISCAL YEAR 25-26
CITY-WIDE SUMMARY
(IN $MILLIONS)
FY 24-25 FY 25-26 FY 25-26 Escalation FY 26-27 FY 27-28 FY 28-29 FY 29-30 Actual Budget Forecast Factor Forecast Forecast Forecast Forecast Note 1
General Fund
Revenues 26,038,436 26,453,304 26,507,014 2% 26,970,344 27,620,294 28,286,153 28,974,473 Expenditures 25,368,353 26,352,734 25,973,944 5% 26,988,854 28,297,748 29,672,088 31,115,146 Net Surplus (Deficit)
670,083 100,570 533,070 (18,510) (677,454) (1,385,935) (2,140,673) Fund Balance 18,046,617 18,147,187 18,579,687 18,561,177 17,883,723 16,497,788 14,357,115 Reserve % of Expenditures 71.1% 71.5% 71.5% 68.8% 63.2% 55.6% 46.1% Note 1: In Fiscal 23-24, the City had to reduce its reserve balance by 1,339,770 mainly for cash set aside in a PARS 115 Trust for OPEB.
4 UPDATED FIVE YEAR FORECAST
Account Name Type Balance
City of South El Monte Checking $3,568,785
Metro Checking 440,968
Older American Act Checking 5,029
CAMP Investment 107,993
LAIF (4.20%) Investment 26,211,181
Time Value Investments Investment 0
Total $30,333,956
5 12/31/25 CASH BALANCES STOPPED HERE
6 FISCAL YEAR 26-27
BUDGET CALENDAR
7 STATEWIDE FISCAL HEALTH RANKING
For Fiscal 2022, the City was ranked 259 out of 456 cities. For Fiscal 2023, the City was ranked 99 out of 456 cities. For Fiscal 2024, the City was ranked 37 out of 410 cities. https://californiapolicycenter.org/fiscal-health-dashboard/
8 NATIONAL AWARDS
City received the national GFOA Award for the three fiscal years above (2022, 2023, and 2024).
For Fiscal 2025, the City submitted both the Annual Comprehensive Financial Report (ACFR) and the Popular Annual Financial Report (PAFR) to GFOA for two separate independent awards.
For fiscal 2026, the City received its first Distinguished Budget Presentation Award from the GFOA.
If the City is successful in obtaining all three awards, that is on the ACFR, PAFR, and Budget, the City will be designated as a Triple Crown City by GFOA
9 Questions
City Council Agenda Report
Agenda Item No. 9.c.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF ADVANCEMENT OF WOMEN AND GIRLS
COMMISSIONERS
SUMMARY: Appointments to be made to the Advancement of Women and Girls Commission, which is a five-member commission. The current terms expired on January 31, 2026.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking re-appointment/appointment to the Advancement of Women and Girls Commission for a one-year term ending January 31, 2027.
FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.
DISCUSSION: The Advancement of Women and Girls Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council.
This appointment is for a one-year term commencing on February 1, 2026, pending clearance of Live Scan background check.
Seven (7) applicants are seeking reappointment/appointment to the Advancement of Women and Girls Commission.
Seeking Reappointment:
- Evelyn Briones
- Sara Gaeta-Anguiano
- Elizabeth Gutierrez
Seeking Appointment:
- Cecilia Rosas-Garcia
- Cindy Flores
- Kimberly Valencia – (Also applied for Community Services, Patriotic and Planning) - Nydia Romero – (Also applied for Community Services, Patriotic and Planning)
ATTACHMENT(S):
A. Evelyn Briones
B. Sara Gaeta-Anguiano
C. Elizabeth Gutierrez
D. Cecilia Rosas-Garcia
E. Cindy Flores
F. Kimberly Valencia
G. Nydia Romero
City Council Agenda Report
Agenda Item No. 9.d.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF COMMUNITY SERVICES
COMMISSIONERS
SUMMARY: Appointments to be made to the Community Services Commission, which is a seven-member commission. The current terms expired on January 31, 2026.
RECOMMENDED ACTION: Staff recommends City Council consider appointing seven individuals seeking reappointment/appointment to the Community Services Commission for a one-year term ending January 31, 2027.
FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.
DISCUSSION: The Community Services Commission acts in an advisory capacity to the City Council on all matters pertaining to the City’s parks and recreation services, senior programs, and special events. This appointment is for a one-year term commencing on February 1, 2026, pending clearance of Live Scan background check.
Eight (8) applicants are seeking reappointment/appointment to the Community Services Commission.
Seeking Reappointment:
- Robert V. Becerra
- Gerardo Diaz
- George Anguiano
- Hortencia Vasquez
Seeking Appointment:
- Ivania Reyes
- Eric Velazquez
- Kimberly Valencia – (Also applied for Advancement for Women and Girls, Patriotic, and Planning) - Nydia Romero – (Also applied for Advancement for Women and Girls, Patriotic and Planning)
ATTACHMENT(S):
A. Robert V. Becerra
B. Gerardo Diaz
C. George Anguiano
D. Hortencia Vasquez
E. Ivania Reyes
F. Eric Velazquez
G. Kimberly Valencia
H. Nydia Romero
City Council Agenda Report
Agenda Item No. 9.e.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF PATRIOTIC COMMISSIONERS
SUMMARY: Appointments to be made to the Patriotic Commission, which is a fivemember commission. The current terms expired on January 31, 2026.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking re-appointment/appointment to the Patriotic Commission for a oneyear term ending January 31, 2027.
FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.
DISCUSSION: The Patriotic Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council. This appointment is for a oneyear term commencing on February 1, 2026, pending clearance of Live Scan background check.
The Patriotic Commission acts in an advisory capacity to the City Council in all matters pertaining to patriotism and the civic recognition of both active and veteran military personnel.
Seven (7) applicants are seeking reappointment/appointment to the Patriotic Commission.
Seeking Reappointment:
- Blanca M. Figueroa
- Naomi Lopez
- Victor Montiel
- Nydia Romero
- Abraham Flores Rojo
Seeking Appointment:
- Deann Pinuelas
- Kimberly Valencia – (Also applied for Advancement for Women and Girls, Community Services and Planning)
ATTACHMENT(S):
A. Blanca Figueroa
B. Naomi Lopez
C. Victor Montiel
D. Nydia Romero
E. Abraham Flores
F. Deann Pinuelas
G. Kimberly Valencia
City Council Agenda Report
Agenda Item No. 9.f.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF PLANNING COMMISSIONERS
SUMMARY: Appointments to be made to the Planning Commission, which is a fivemember commission. The current terms expired on January 31, 2026.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking reappointment/appointment to the Planning Commission for a oneyear term ending January 31, 2027.
FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $150 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.
DISCUSSION: The Planning Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council. This appointment is for a oneyear term commencing on February 1, 2026, pending clearance of Live Scan background check.
The Planning Commission acts in an advisory capacity to the City Council on all matters pertaining to community development, to be approved by the City Council.
Seven (7) applicants are seeking reappointment/appointment to the Planning Commission.
Seeking Reappointment:
- Leonel A. Barrera, Jr
- Jeff Ortiz
- Gracie Retamoza
- Jacqueline Rubio
- Kenneth Tang
Seeking Appointment:
- Kimberly Valencia – (Also applied for Advancement for Women and Girls, Community Services, and Patriotic)
- Nydia Romero – (Also applied for Advancement for Women and Girls, Community Services, and Patriotic)
ATTACHMENT(S):
A. Leonel Barera
B. Jeff Ortiz
C. Gracie Retamoza
D. Jaqueline Rubio
E. Kenneth Tang
F. Kimberly Valencia
G. Nydia Romero
City Council Agenda Report
Agenda Item No. 11.a.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: LETTER FROM THE VETERANS HUNTERS PROJECT
ORGANIZATION REQUESTING A FACILITY FEE WAIVER
FOR THE USE OF THE SOUTH EL MONTE SENIOR CENTER
TO HOST A MILITARY DEPLOYMENT CEREMONY AND A
MONETARY DONATION
SUMMARY: The Veterans Hunters Project organization is requesting a facility fee waiver for the use of the Senior Center Dining Room to host a military deployment ceremony on Saturday, February 7, 2026 from 9:30 a.m. to 12:30 p.m. In addition, the organization is requesting a monetary donation of $300.00 to provide refreshments for the event.
RECOMMENDED ACTION: Staff recommends City Council discuss and consider:
1. The facility fee waiver request submitted by the Veterans Hunters Project organization for the use of the Senior Center Dining Room in the amount of $300.00;
2. The fee waiver request for the non-waived fees associated with the reservation in the amount of $899.00; and
3. A monetary donation of $300.00 to provide refreshments for the event.
FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility and Reservation Regulations and Fee Schedule, the City will waive the facility rental fee in the amount of $300.00. Should the City approve to waive the non-waived fees including staff time, refundable damage deposits, and facility cleaning fee, the City will waive an addtional $899.00. Please find below a chart detailing the cost associated with the fee waiver request:
Waived Fees
Fee Rate Cost
Senior Center Dinning
Room
$100.00 per hour x 3 hours $300.00
Total Waived Fees: $300.00
Non-Waived Fees
Fee Rate Amount
Staff Time $16.50 x 2 staff x 3 hours $99.00
Facility Cleaning fee $300.00 per event $300.00
Refundable Damage
Deposit
$500.00 per event $500.00
Total Non-Waived Fees: $899.00
DISCUSSION: The Vet Hunters Project, is a 501(c)(3) nonprofit organization located in the City of South El Monte which provides assistance, counseling, and support to active service members, military groups, and veterans. In partnership with the 155th Combat Support Sustainment Battalion and 693rd Quartermaster Company, which are also based in South El Monte, they wish to host a military deployment ceremony on Saturday, February 7, 2026. This ceremony will honor the soldiers from the Quater Company, United States Army Reserve, and their families as they prepare for their deployment to serve the nation.
ATTACHMENT(S):
A. Vet Hunters Project Letter
B. Reservation Application
Vet Hunters Project
501(c)(3) Nonprofit Organization | EIN: 30-0704930
PO Box 3174
South El Monte, CA 91733
Mr. Joe Leal
Executive Director, Vet Hunters Project
155th CSSB Soldier and Family Readiness Liaison
Date: January 28, 2026
Honorable Mayor and Members of the City Council
City of South El Monte
South El Monte, California
Dear Honorable Mayor and Members of the City Council,
On behalf of the Vet Hunters Project, a 501(c)(3) nonprofit organization, and in support of the 155th Combat Support Sustainment Battalion, I respectfully request the City of South El Monte’s support for the use of the South El Monte Senior Center on Saturday, February 7, 2026, to host a military deployment ceremony honoring the Soldiers of the 693rd Quartermaster Company, United States Army Reserve, and their Families.
The Battalion Headquarters for the 693rd Quartermaster Company is located within the City of South El Monte. This ceremony provides an opportunity for the City to stand alongside its local service members and their Families as they prepare to deploy in service to our nation. Attendance is expected to be approximately 150 individuals or fewer.
We respectfully request use of the Senior Center from 9:30 AM to 12:30 PM, and ask the City to consider waiving any fees associated with the facility use in addition to $300.00 towards the deployment refreshments for the Soldiers and Families. The Soldiers of the 693rd Quartermaster Company have answered our nation’s call to deploy, and the City’s support would help ensure a dignified and memorable send-off that reflects the community’s appreciation for their service and the Families who support them.
Thank you for your consideration and for your continued support of our military community.
In Service,
Joe Leal
Joe Leal
Executive Director
Vet Hunters Project
ATTACHMENT A
Last update 7/11/18 Page 1 of 5
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen _x__ Dining Room ___ Main Pool Mary Van Dyke __x_ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II Shively and New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
___________ Field
____________ Picnic Area
Date of Event: _2/7/26_ Day(s): __Saturday ______ Estimated Attendance: _150____ Purpose of Event/Function: _Boxing Show and Dance __________________________________________________________ Reservation Time: 9:30 am to 12:30 pm Set up Time: 9:30 am to 10:30 am Kitchen Hours: to Clean up Time: 12:00 pm to 12:30 pm
Will the event be open to the public? __no___
Will there be entertainment? ___x_____ If yes, what type? ______________________________________ Will food be served? ___x_____ If yes, name of caterer? _________________________________ Will alcohol be served? ___no_____
Portable Stage needed? ___no_____
Applicant shall indemnify, defend, and hold harmless the City of South El Monte, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and/or use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of South El Monte, its officers, employees, or agents. Applicant agrees to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I am an authorized agent of the organization/business submitting this application. The information provided in this application is true and correct. I have read and understand this application and agree to all of the facility rules, regulations, and conditions of use.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Joe Leal Organization/Business: Vet Hunter Project Address:1200 N. Potrero Ave. City: South EL Monte Zip Code:91733 Home Phone: Work Phone:
Cell Phone: Email:
ATTACHMENT B
Last update 7/11/18 Page 2 of 5
City of South El Monte Recreation Services Department
APPLCIANT NAME: Erin Lui Temple City Sheriffs_______ DATE OF USE: Thursday, June 12, 2025_________ FACILITY: South El Monte Senior Center_____________________________________________________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Gymnasium Fee $ __100_ x _____3___ Hours $300.00
Staff Fee $ ____16.5____ x ___2_____ # staff (s) x _ 3___ Hours $ 99.00 Kitchen Fee NA
Clean Up Fee $ 300.00
Damage Deposit $ 500.00
Insurance Premium Certificate Agency has Provided $ NA
Liquor Premiums $ NA
Inflatable Bouncer $ NA
ABC Permit $ Na
TOTAL: $ 1199.00
# of Round Tables: ___0______ Table and Chair Ratio
# of Rectangle Tables: ________ 6 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________
Last update 7/11/18 Page 3 of 5
CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.
Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
APPLICATION PROCESS:
1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.
2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.
3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.
4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.
5. Time requested must include decorating, event and clean-up time.
6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.
INSURANCE REQUIREMENTS
Without limiting Applicant’s indemnification of the City, and prior to commencement of the facility use, the applicant shall obtain, provide and maintain at its own expense during the term of facility use, a policy of insurance of the type and amount described below and in a form that is satisfactory to the City. If insurance coverage is cancelled or materially changed, the applicant must notify the city immediately.
General liability insurance. Applicant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
If alcohol is sold during the permitted activity, coverage must include full liquor liability. The City of South El Monte, its officers, officials, agents, and employees shall be included as additional insureds on the policy.
Primary/non-contributing. Coverage provided by the Applicant shall be primary and any insurance or self-insurance procured or maintained by City of South El Monte shall not be required to contribute with it.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this application shall be endorsed to waive subrogation against the City of South El Monte, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the applicant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Applicant hereby waives its own right of recovery against the City of South El Monte.
Requirements not limiting. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Applicant maintains higher limits than the minimums shown above, the City of South El Monte requires and shall be entitled to coverage for the higher limits maintained by the Applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of South El Monte.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. *For organizations/businesses that do not carry general liability insurance, special event liability insurance can be purchased through the City/Alliant Insurance.
Last update 7/11/18 Page 4 of 5
APPLICANT RESPONSIBILITIES:
1. Applicant must be present during the entire event.
2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).
3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.
4. Applicant cannot exceed the number attending on the application.
5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.
6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.
Security services will be added into total fees.
7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.
8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.
9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.
10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.
11. Applicant shall adhere with all local, state, and federal laws, codes, and regulations related to the use of the Facility, including but not limited to fire codes , assembly occupancy, public health orders, and the Americans with Disabilities Act.
12. Applicant further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health orders and/or guidance in effect at the time of the use of the facility.
Failure to comply with any of the City’s policies, procedures, or information published on this application will result in cancellation of renters reservation and lost of damage deposit.
DECORATIONS/SET-UP:
1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.
2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
3. All decorations must be removed by the applicant at the conclusion of the event.
4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.
5. Hay and confetti of any sort are prohibited.
PROHIBITED:
1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.
Violation will result in the closure of the event and forfeiture of all fees.
2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.
3. Smoking is not permitted on City property.
4. No profane language or disorderly or unseemly conduct is permitted in any City facility.
PROHIBITED CONTINUED:
5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.
6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.
7. No storage of private property is permitted on City premises.
8. City Facilities cannot be used for commercial purposes without written approval.
9. Bounce houses and petting zoos are not permitted on City facilities.
10. City equipment shall not be removed from any City facility.
11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits.
12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.
13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.
14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
REFUND OF SECURITY DEPOSIT:
1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.
2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.
3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.
CANCELLATION POLICY:
1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund
2. All other cancellations subject to a $25 administration fee.
Last update 7/11/18 Page 5 of 5
3. Failure to comply with the reservation regulations, policies, procedures, or any information listed on the reservation application can result in a cacellation of reservation and loss of Damage Deposit.
CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.
Applicant’s Signature: _________________________________________ Date: ______________________
City Council Agenda Report
Agenda Item No. 11.b.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Sr. Executive Assistant to City Council/Community Liaison
SUBJECT: LETTER FROM THE EM/SEM JETS ORGANIZATION
REQUESTING A DONATION TO THEIR VOLUNTEERS AND
PROGRAM
SUMMARY:
RECOMMENDED ACTION: Discussion and/or action.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. SEM 2025
November, 2025
City of South El Monte Council Members,
As our 2025 football season has come to an end, I would like to kindly request the City of South El Monte’s support in contributing to our end-of-season volunteer appreciation effort.
Our goal was to host a more elaborate celebration for both our participants and our volunteers, including a banquet and meaningful gifts. However, with rising costs and limited program funds, we must be mindful of our budget while still acknowledging the incredible commitment of our staff.
Our volunteers dedicate countless hours throughout the season and also cover their own mandatory expenses, such as online certification courses, LiveScan background checks, and CPR classes.
Because of this, we hope to provide them with a small token of appreciation—such as lunch or a modest gift—to recognize the time, money, and heart they invest into our program. With over 40 staff members, your contribution would make a significant difference and help reduce the financial strain on our organization.
We sincerely appreciate the City’s continued support of our program and our youth. Thank you for taking the time to consider our request, and for always standing behind our community.
Thank you,
Blanca Villa
EM/SEM Jets President
626.297.0036
City Council Agenda Report
Agenda Item No. 12.a.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: COUNCILMEMBER MANUEL ACOSTA
1. City Manager’s Decision to Remove Public Safety Dept and Replace with Parking Enforcement Dept.
Discussion/Action: On December 23, 2025, the city
manager replaced the Public Safety Dept with a new
Parking Enforcement Dept. What tasks and duties that
were performed by the Public Safety dept will not be
performed by the new Parking Enforcement dept? What
are the advantages of removing the Public Safety dept?
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 12.b.
DATE: February 3, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: COUNCILMEMBER HECTOR DELGADO
1. Consideration of a $5,000.00 donation to South El Monte High School’s Varsity Football Team in support of their CIF Championship Run. Donation would help cover the
cost of rings for student/athletes.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None