I
I
I
MINUTES OF NOVEMBER 1, 2022
REGULAR MEETING OF THE SAN GABRIEL CITY COUNCIL
CALL TO ORDER
Mayor Ding called the regular meeting of the San Gabriel City Council to order at 6:35 P.M. on Tuesday, November 1, 2022, in the San Gabriel Mission Playhouse, 320 South Mission Drive, San Gabriel, California, 91776.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Ding.
ROLL CALL
Council Members Present:
Council Members Absent:
Staff Members Present:
ANNOUNCEMENTS
Denise Menchaca, Carina Rivera, John Wu, Vice Mayor
John R. Harrington, and Mayor Tony Ding.
None.
City Manager Mark Lazzaretto, City Attorney Keith
Lemieux, Police Chief Eugene Harris, Chief City Clerk
Sharon Clark, Public Works Director/City Engineer Greg
de Vinck, Fire Chief Steven Wallace, Human
Resources/Risk Management Director Edward Macias,
Finance Director William Kaholokula, and Community
Development Director Aldo Cervantes.
Chief City Clerk Clark provided information for the public on how to view the meeting and how to request meeting agendas.
1. APPROVAL OF AGENDA ORDER
Hearing no objection, Mayor Ding announced that the agenda order was approved.
2. PRESENTATIONS
A. INTRODUCTION AND PROMOTION OF FIRE CAPTAIN PHILIP APPARIS Fire Chief Wallace made the presentation and Chief City Clerk Clark administered the Oath of Allegiance.
B. NATIVE AMERICAN HERITAGE MONTH
Mayor Ding made the presentation and Chief Anthony Morales, Gabrielino Band of Mission Indians, accepted the proclamation.
C. LUNG CANCER AWARENESS MONTH
CITY COUNCIL REGULAR MEETING MINUTES Page 1 of 6 November 1, 2022 I
I
I
Mayor Ding made the presentation.
D. UNITED AGAINST HATE WEEK - ASIAN YOUTH CENTER/LA VS. HATE Mayor Ding made the presentation and Asian Youth Center Stop Hate Program Manager Heidi Lau accepted the proclamation.
3. PUBLIC COMMENT
Debbie Kilgore, resident, commented on illegally-placed election signs; suggested campaign-spending limits; and commented on alleged unethical campaigning.
Jan Phan, resident, commented on alleged unethical campaigning.
Sue Fitzsimmons, resident, commended the San Gabriel Police Department's Community Engagement Team for their recent creative problem-solving to help a resident.
San Gabriel Police Chief Harris reminded the community to be aware of pedestrians with the upcoming time change and hours of darkness, encouraged pedestrians to wear reflective clothing, and announced that reflective bracelets and vests are available free from the Police Department's Traffic Bureau.
4. CONSENT CALENDAR
Chief City Clerk Clark announced that pursuant to Government Code §54953(c)(3) reporting requirements, Consent Calendar Item C included changes in salary and benefits for all unrepresented employees, including executive management, as follows: a 3% salary increase; an increase from 8 to 16 floating holiday hours; an increase in the uniform allowance from $800 to $1000, effective calendar year 2023; and an increase of one full day bereavement pay for employees who must travel more than 200 miles. In addition, new hires starting January 1, 2023, shall be excluded from receiving retiree medical benefits pursuant to Resolution No. 03-27, and shall instead receive the Public Employees' Medical Hospital Care Act statutory minimum as set forth in Government Code §22892 upon their retirement from the City.
A motion was made by Council Member Menchaca, seconded by Council Member Rivera, to approve Consent Calendar Items 4A - 4E as presented.
Motion carried by a vote of 5-0 as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
MENCHACA, RIVERA, WU, HARRINGTON, DING
NONE
NONE
NONE
A. APPROVAL OF MINUTES
The City Council approved the following:
1. Minutes of the City Council Special Meeting of October 18, 2022.
2. Minutes of the City Council Regular Meeting of October 18, 2022.
B. MATERIAL DEMANDS
CITY COUNCIL REGULAR MEETING MINUTES Page 2 of 6 November 1, 2022 I
I
I
The City Council approved October 6, 2022, and October 13, 2022, Registers of Demands and Warrants for the payment of City expenditures.
C. RESOLUTION NO. 22-69 AMENDING THE AUTHORIZED SCHEDULE OF
COMPENSATION & BENEFITS FOR REGULAR NON-REPRESENTED
EMPLOYEES AND INCREASING GENERAL FUND APPROPRIATIONS FOR
REGULAR NON-REPRESENTED EMPLOYEE SALARIES AND BENEFITS
The City Council adopted Resolution No. 22-69, which amends and approves the ASCB for the City's regular non-represented employees for the period covering July 1, 2022, through June 30, 2023, and increases General Fund appropriations $307,261 and various other special funds $74,872 to cover increased costs to salaries and benefits for the City's regular non-represented employees.
D. PROFESSIONAL SERVICES AGREEMENT WITH ARCHITERRA DESIGN GROUP
FOR LANDSCAPE ARCHITECTURAL PROFESSIONAL SERVICES
The City Council approved the Professional Services Agreement with Architerra Design Group and authorized the City Manager to execute said agreement and issue a purchase order.
E. SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
The City Council adopted Resolution No. 22-65 approving and accepting the OTS contact funding outlined in the staff report and increasing the Revenue Budget Account 147-3229 by an estimated $85,000 to reflect receipt of the grant funds and increasing Police Department Expenditure Budget by $85,000, in various accounts of fund 147, the OTS fund, which will be used for overtime costs and the purchase of any related equipment.
5. PUBLIC HEARING - None.
6. CONTINUED BUSINESS - None.
7. NEW BUSINESS
A. ORDINANCE NO. 686 - ADOPTION OF 2022 CALIFORNIA BUILDING AND FIRE CODES
Community Development Management Analyst Chris Kalbaklian made the presentation.
Clarifying discussion included that applications in process before January 1, 2023, will be governed by the 2019 Building Codes.
There was no public comment.
A motion was made by Council Member Menchaca, seconded by Council Member Wu, to introduce for first reading, by title only, Ordinance No. 686, adopting the following California Codes, and making related amendments to the San Gabriel Municipal Code and schedule the second reading and adoption for the next regular Council meeting:
a. Adoption of California Administrative Code, 2021 Edition, and the State of California Title 24, Part 1, including Errata and Supplements hereafter.
CITY COUNCIL REGULAR MEETING MINUTES Page 3 of 6 November 1, 2022 I
I
I
b. Adoption of California Building Code, Volumes 1 and 2, including Appendix Chapters A, C, H, I, and J, 2022 Edition, California Historical Building Code, including Appendix Chapter A, 2022 Edition, California Existing Building Code, including Appendix Chapter A 1, 2022 Edition, and the State of California Title 24, Parts 2, 8, and 10, California Building Code Amendments of 2022, including Errata and Supplements hereafter.
c. Adoption of the California Residential Code, including Appendix Chapters AA-AE, AG, AH, AJ, AK, AO, and AP, 2022 Edition, and the State of California Title 24, Part 2.5, California Residential Code Amendments of 2022, including Errata and Supplements hereafter.
d. Adoption of California Electrical Code, including Appendices A-I, 2022 Edition, and the State of California Title 24, Part 3, California Electrical Code Amendments of 2022, including Errata and Supplements hereafter. e. Adoption of California Mechanical Code, including Appendix Chapters BD, and G, 2022 Edition, and the State of California Title 24, Part 4, California Mechanical Code Amendments of 2022, including Errata and Supplements hereafter.
f. Adoption of California Plumbing Code, including Appendix Chapters A-D & G-K, 2022 Edition, and the State of California Title 24, Part 5, California Plumbing Code Amendments of 2022, including Errata and Supplements hereafter.
g. Adoption of California Energy Code, including Appendix Chapter 1-A, 2022 Edition, and the State of California Title 24, Part 6, California Energy Code Amendments of 2022, including Errata and Supplements hereafter. h. Adoption of California Fire Code, including Appendix Chapter 4, B, BB, C, CC, D, E, F, G, H, I, K, N and 0 , 2022 Edition, and the State of California Title 24, Part 9, California Fire Code Amendments of 2022, including Errata's and Supplements hereafter.
1. Adoption of California Green Building Standards Code, 2022 Edition, and the State of California Title 24, Part 11, California Green Building Standards Amendments of 2022, including Errata and Supplements hereafter.
J. Adoption of California Referenced Standards Code, 2022 Edition, and the State of California Title 24, Part 12, including Errata and Supplements hereafter.
k. Adoption of the additional administrative and miscellaneous revisions described on pages 3 and 4 of the staff report, and contained in the adopting ordinance.
Motion carried by a vote of 5-0 as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
MENCHACA, RIVERA, WU, HARRINGTON, DING
NONE
NONE
NONE
RECESS AND RECONVENE
The meeting was recessed at 7:21 P.M. and resumed at 7:30 P.M. with all Council Members present.
B. DISCUSSION REGARDING UNIVERSAL SHOPPING PLAZA
Community Development Director Cervantes made the presentation. A certified translator provided translation in Cantonese and Mandarin as requested.
CITY COUNCIL REGULAR MEETING MINUTES Page 4 of 6 November 1, 2022 I
I
I
City Attorney Lemieux clarified that the decision of the Design Review Commission would not be reviewed as part of this item; it was a discussion item only.
The following tenants of the Universal Shopping Plaza (Focus Plaza) shared their negative experiences with the landlord's management staff in regard to lack of notice, stalling tactics for lease renewals, huge rent increases if they stay, and about their potential losses from investment in their stores if their lease is not renewed or if the stores must close for an extended period: Dave Barela, JD & Associates; Bin Hong, Business Owner; Ke Wong, resident; Jimmy Ha, resident and tenant; Vivien Chen, tenant; Dennis Leung, tenant; Andy Kuai; Grace Cheung, tenant; Jessica, resident and tenant; Min Xiang, tenant; and Yan Ha Liu, tenant.
RECESS AND RECONVENE
The meeting was recessed at 8:48 P.M. and reconvened at 8:56 P.M. with all Council Members present.
Discussion included the City's relocation assistance for the tenants; whether tenants would be reimbursed by the landlord for the improvements they have made; the landlord's indication that they might help fund tenant relocation; the landlord had been invited to attend the Council meeting; the landlord is doing the improvements to help compete with facilities like the Santa Anita mall; notification process for the Planning Commission meeting and possible reasons tenants didn't receive notice; possibility for the project to be completed in two phases and challenges of staying open during renovations; the City's notification requirements; Council desire for future notification to be multilingual; Council desire to investigate what happened to the notices and why only one person showed up to the Planning Commission meeting; the tenants' effort to obtain legal help; fiscal impact to the City in lost revenue and jobs for forced vacancies; the project only required Design Review Committee action in terms of architecture and design, the project was identified under the California Environmental Quality Act (CEQA) as being exempt from environmental requirements; relocation challenges; definitions of finishes versus structural changes; Council desires to have a staff report if anything in an application indicates tenants are being evicted; possibility of a new hearing if the scope requires it; and a Code update to have the application include whether a project would require evictions.
There was a consensus of the City Council to direct the City Manager and City Attorney to propose a solution to the City Council before the end of the year.
8. PUBLIC COMMENT
Isela Bowles expressed disappointment that business owners needed to attend the meeting for the previous item; commended Vice Mayor Harrington for being the voice for the businesses in the City, and expressed dissatisfaction with a disconnect between the City Council, Commissioners, and businesses.
9. CITY MANAGER'S REPORT - None.
10. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Council Member Menchaca invited all to the City's Dia de los Muertos event on November 3, 2022, from 6:00 - 9:00 P.M. at the Mission Playhouse.
Mayor Ding thanked the Community Services Department for the Fall Fun Festival, and reported on a round table discussion with Assemblymember Mike Fong and California CITY COUNCIL REGULAR MEETING MINUTES Page 5 of 6 November 1, 2022 I
I
I
Attorney General Rob Bonta which included City Manager Lazzaretto, Police Chief Harris and community organizations.
11. CLOSED SESSION - None.
12. ADJOURNMENT
The meeting was adjourned at 10:34 P.M.
Respectfully submitted:
Approved this 15th day of November, 2022:
=----~ -~
TONY DING, Mayor
CITY COUNCIL REGULAR MEETING MINUTES Page 6 of 6 November 1, 2022