City Council Regular Meeting Agenda – February 6, 2024 1 How to Submit Public Comment
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CITY OF SAN GABRIEL
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, February 6, 2024 - 6:30 P.M.
City Hall Council Chamber
425 South Mission Drive, San Gabriel, California 91776
Mark Lazzaretto
City Manager
Keith Lemieux
City Attorney
Julie Nguyen
City Clerk
Kevin B. Sawkins
City Treasurer
John R. Harrington
Mayor
John Wu
Vice Mayor
Eric Chan
Council Member
Tony Ding
Council Member
Denise Menchaca
Council Member
City Council Regular Meeting Agenda – February 6, 2024 2 City Council Regular Meeting Agenda
Tuesday, February 6, 2024
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE LED BY: Council Member Ding
• ROLL CALL: Mayor Harrington, Vice Mayor Wu, Council Members Chan, Ding, Menchaca
1. APPROVAL OF AGENDA ORDER
2. PRESENTATIONS
A. BLACK HISTORY MONTH
3. PUBLIC COMMENT
4. CONSENT CALENDAR
All items listed under the Consent Calendar are considered routine and recommendations will be approved in one motion unless a member of the City Council or audience requests separate discussion.
A. APPROVAL OF MINUTES
The minutes are a record of the official actions taken at the City Council meeting.
1. Minutes of the City Council Special Meeting of January 16, 2024.
2. Minutes of the City Council Regular Meeting of January 16, 2024.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action: Approval
B. MATERIAL DEMANDS
The most recent Material Demands from the Finance Department are presented to the City Council for review and approval.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
City Council Regular Meeting Agenda – February 6, 2024 3 Recommended Action:
Staff recommends that the City Council approve Material Demands as presented.
C. EXCHANGE OF PROPOSITION A FUNDS IN THE AMOUNT OF $500,000 The City of San Gabriel receives over $1.1 million annually in Proposition (Prop) A Local Return Funds from Los Angeles County to be used for the benefit of public transit. Approximately $682,000 of the funds are used to operate the City’s Dial-A-Ride and Recreation transit programs each year. Since the City does not have any other eligible projects and must use these funds within a three-year period, it has now accumulated a balance of about $626,000 as of June 30, 2023, in unspent Prop A funds. Los Angeles County Metro allows agencies to exchange Prop A funds for unrestricted general fund revenue at a discounted rate – a practice that San Gabriel has taken advantage of in the past.
Foothill transit has offered to exchange $500,000 of the City’s Prop A Funds for $375,000 in unrestricted funds, representing a rate of $.75/$1.00.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council approve and authorize the City Manager to execute the agreement with the Foothill Transit Authority authorizing the exchange of $500,000 in Proposition A Funds for $375,000 in general fund revenue.
D. PURCHASE OF A NEW GRACO BRAND CONCRETE GRINDER WITH A
LAZERVAC SYSTEM AND CYCLONE FILTER FOR THE FIELD OPERATIONS DIVISION FOR A TOTAL COST OF $16,319.21
The Public Works Department is responsible for maintaining the safety of sidewalks and walkways throughout the City. Public Works strives to efficiently repair and replace damaged sidewalks, curbs, and gutters throughout the City in a timely manner to improve walkability and mitigate trip hazards. This item requests Council’s approval for the purchase of a new Graco brand Concrete Grinder with a LazerVac System and Cyclone Filter (Grinder) for repairs and maintenance to damaged concrete sidewalks throughout the City. The adopted fiscal year 2023-24 budget includes $15,000 in the Special Gas Tax Project Account No. 124-800-41-99-765. Staff is requesting that the balance of City Council Regular Meeting Agenda – February 6, 2024 4 $1,319.21 is charged to the Field Operations Special Departmental Account No. 121-800-02-21-000.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council authorize the City Manager to approve a purchase order with NAC Supply in the amount of $16,319.21 from the Special Gas Tax Project Account No. 124-800-41-99-765 and Field Operations Special Departmental Account No. 121-800-02-21-000.
E. PROFESSIONAL SERVICES AGREEMENT WITH RKA CONSULTING GROUP
AND VCA CODE GROUP FOR BUILDING AND SAFETY AND CODE
ENFORCEMENT SERVICES
In September of 2023, City staff issued a Request for Proposal to qualified firms for Building and Safety and Code Enforcement services within the Community Development Department. The significant number of current development projects as well as increasing community needs has generated a demand for supplemental staff to assist with work overflow. This includes permit issuance, building and code enforcement inspections, and plan check review services. The agreements with RKA Consulting Group and VCA Code Group will include a three-year term with an option to extend the term for an additional year.
Funding for the services rendered will be from the Community Development Department’s budgeted Contractual Services Account Nos. (Building and Safety: 121-810-16-22-000 and/or Neighborhood Improvement Services: 121- 810-19-22-000) in the General Fund at the fixed fee rate.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council approve the Professional Services Agreement with RKA Consulting Group and VCA Code Group for Building and Safety and Code Enforcement services, and authorize the City Manager or his designee to execute the agreements.
F. INTER-CON SECURITY SYSTEMS INCORPORATED CONTRACT EXTENSION FOR PARKING ENFORCEMENT SERVICES THROUGH JUNE 30, 2024
City Council Regular Meeting Agenda – February 6, 2024 5 The City initially entered into a three-year service contract with the option to extend for an additional two years with Inter-Con Security Systems Inc. In June 2021, the City elected to execute a two-year extension, with the final contract expiring on June 30, 2023. On July 1, 2023, the City entered an additional sixmonth extension which expired on December 31, 2023. Parking enforcement services are currently budgeted in the Police Department’s Contractual Services Account No.121-751-00-22-000 in the amount of $350,000 for fiscal year 2023- 24 due to forecasted cost escalations.. The estimated cost for this six-month edition is $149,403 ($298,806 / 2).
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council authorize the City Manager to enter a six-month contract with Inter-Con ending on June 30, 2024. At that time, Staff will re-evaluate their services and/or seek other opportunities for services for the remainder of fiscal year 2024.
G. ADOPTION OF UPDATED “VEHICLE MILES TRAVELED” (VMT)
THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING
TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) [RESOLUTION NO. 24-03]
In 2020, the City, with guidance provided by the San Gabriel Valley Council of Governments (SGVCOG), adopted new CEQA thresholds of significance for transportation impacts due to changes in state law. These changes modified how the City evaluates projects for transportation impacts for the purposes of CEQA. After receiving confirmation from 26 cities to participate in the VMT Analysis Model, the SGVCOG confirmed that the total cost per city to participate in the study would not exceed $15,000 for the entirety of the five-year (2020- 2025) contract (including the update phase and maintenance and SGVCOG project management costs.) Funding will be included as part of the fiscal year 2023-24 budget in Account No. 184-800-00-22-000.
This report describes the changes in VMT, more specifically the change in the number of low VMT areas that meet the low VMT screening criterion, discusses the SGVCOG recommendations, and includes a draft Resolution to adopt the updated CEQA transportation thresholds.
California Environmental Quality Act (CEQA) Determination: The Resolution has been assessed in accordance with the authority and criteria contained in the City Council Regular Meeting Agenda – February 6, 2024 6 California Environmental Quality Act (CEQA), the State CEQA Guidelines, and environmental regulations of the City. The adoption of new local CEQA thresholds of significance for transportation impacts and the adoption of new Local Transportation Assessment Guidelines will not have a significant environmental impact and are exempt from the CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations because the two actions are undertaken by the City for the protection of the environment. The revised CEQA thresholds will be compliant with a Senate mandate (SB 743) and will be used in a regulatory process (CEQA process) that involves procedures from the protection of the environment. Accordingly, the City Council will consider the recommendation to find the Resolution exempt from the environmental review requirements of CEQA pursuant to Section 15308 of Title 14 of the California Code of Regulations.
Recommended Action:
Staff recommends that the City Council adopt Resolution No. 24-03 approving the proposed update thresholds of significance and finding that the action is exempt from the California Environmental Quality Act.
5. PUBLIC HEARING
A. ZONE TEXT AMENDMENT TO UPDATE THE SAN GABRIEL MUNICIPAL
CODE RELATING TO NEW STATE LAW THAT WOULD ALLOW MEDICINAL CANNABIS DELIVERY-ONLY RETAILERS IN THE M-1 ZONE (ZTA23-004) The California Legislature adopted Senate Bill 1186 (“SB 1186”) in 2022, entitled the Medicinal Cannabis Patient’s Right of Access Act, which precludes cities and counties from adopting or enforcing regulations that prohibit or have the effect of prohibiting the retail sale of medicinal cannabis by delivery. SB 1186 took effect on January 1, 2024. The fiscal year 2023-24 Adopted Budget includes the cost for required legal publication (Account No. 121-702-00-65-000) and codification (Account No. 121-702-00-22-000) of the ordinance.
California Environmental Quality Act (CEQA) Determination: The City reviewed the environmental impacts of the proposed ordinance pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et sq. “CEQA”) and the CEQA Guidelines. CEQA guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed ordinance qualifies for this CEQA exemption as there is no possibility that the ordinance will have a significant effect on the environment as it amends the City’s Municipal Code to impose operating requirements on delivery-only medicinal cannabis retailers, City Council Regular Meeting Agenda – February 6, 2024 7 which does not effect the environment. Accordingly, the ordinance is not subject to further environmental review.
Recommended Action:
Staff recommends that the City Council:
1. Conduct the public hearing and discuss proposed Ordinance No. 702.
2. Waive full reading and introduce Ordinance No. 702 by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL, CALIFORNIA, AMENDING CHAPTER 153 (ZONING CODE) OF THE SAN
GABRIEL MUNICIPAL CODE RELATING TO MEDICINAL CANNABIS
DELIVERY-ONLY RETAILERS IN THE M-1 (LIGHT MANUFACTURING)
ZONE, SUBJECT TO A CONDITIONAL USE PERMIT
3. Waive future reading of the Ordinance and schedule the second reading and adoption of the Ordinance for the next regular City Council meeting.
The Ordinance would then become effective 30 days after adoption.
OTHER OPTIONS FOR CONSIDERATION
The action of the City Council may be to approve, approve with modifications, or deny the proposed zone text amendment. If the City Council determines that the proposed applications or any part of the applications should be denied, the appropriate motion should be adopted.
6. CONTINUED BUSINESS – None.
7. NEW BUSINESS
A. FISCAL YEAR 2024-25 COMMUNITY BUDGET SURVEY RESULTS, BUDGET
CALENDAR, AND BUDGET PRIORITIES
The preparation of the fiscal year 2024-25 budget kicked-off on January 25th as department directors were provided budget worksheets to make each department’s budget request. Typically, departmental operations exhibit consistency from year to year, with incremental adjustments made to ongoing activities and allocations for infrequent one-time expenditures. To gain a better understanding of community priorities, a community budget survey was conducted. Additionally, to align budget priorities with the City Council’s vision, this item is brought forth to initiate the discussion of budget priorities for the upcoming fiscal year. As the budget process unfolds, there will be multiple opportunities to weigh in and refine the fiscal year 2024-25 City budget for both the City Council and the public.
City Council Regular Meeting Agenda – February 6, 2024 8 California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council receive and file the report as well as confirm the budget priorities for the fiscal year 2024-25.
B. BUSINESS LICENSE TAX STUDY RESULTS AND TAX CHANGE
RECOMMENDATIONS
In August of 2023, the City contracted with HDL Companies to perform a study of the City’s business license tax code and to provide recommendations to improve the code. The City’s business license code has not been updated for decades and includes outdated fee structures and classifications. The HDL Companies was tasked with analyzing the City’s business license tax code and providing options to the City to help create a fee structure that is fair equitable, and keeps pace with inflation.
The proposed recommendation, model 1 with a 20% increase to flat rates and administrative modifications, will generate an estimated additional $329,600 in locally derived revenue which will be critical to enhance City services.
Alternative recommendation no. 1, a 10% increase to flat rates versus a 20% increase will generate an additional $251,900 in locally derived revenue.
Model 2A, a single classification gross receipts tax of $1.25 per $1,000 in gross receipts will generate an estimated $730,500 in additional tax revenue.
Model 2B, a single classification gross receipts tax of $1.50 per $1,000 in gross receipts will generate an estimated $985,500 in additional revenue.
Model 3A, five classification gross receipts tax that ranges from $1.00 to $3.00 per $1,000 in gross receipts will generate an estimated $1,126,000 in additional revenue.
Model 3B, five classification gross receipts tax that ranges from $1.50 to $3.50 per $1,000 in gross receipts will generate an estimated $1,635,000 in additional revenue.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
City Council Regular Meeting Agenda – February 6, 2024 9 Recommended Action:
Staff recommends that the City Council direct staff to bring back a resolution to place Model 1 changes to the business license tax code on the November 2024 ballot which will enhance the City services and increase fairness within the tax code:
Model 1 Changes
► Implement 20% increase to the flat rates.
► Add a commercial rental category - assessed at $.75 per $1,000 in gross receipts.
► Add a catch-all miscellaneous category - assessed at $.50 per $1,000 in gross receipts.
► For residential rentals:
o Remove the four units or more requirement. All residential rentals will be subject to a tax.
o Eliminate the $450 cap on the tax.
► Cap the penalty for unpaid taxes to 150% of the tax amount. ► Add a provision to annually increase the flat rate taxes by the October 2024 consumer price index.
► Replace the coin-operated machines/vending machines with the catch-all miscellaneous category.
► Remove the $1,050 not-to-exceed provision in the tax code.
Alternative Recommendation No. 1:
► Implement model 1 as noted in the recommendation except implement a 10% increase to flat rates instead of a 20% increase.
Alternative Recommendation No. 2:
► Implement a gross receipts single classification model (model 2) or multiclassification model (model 3).
Alternative Recommendation No. 3:
► Maintain the current tax code and do not take a tax increase measure to voters in November 2024.
C. PROFESSIONAL SERVICES AGREEMENT WITH SUPPORTING ARMS FOR A
SAN GABRIEL CERTIFIED FARMERS MARKET AND BUDGET
APPROPRIATION OF $21,000 FOR MARKET LAUNCH AND OPERATION City Council Regular Meeting Agenda – February 6, 2024 10 The City Council requested that staff explore the possibility of a potential farmers market in San Gabriel. After meeting with the previous farmers market operator, evaluating surrounding farmers markets, collecting community feedback via an online survey and visiting potential famers market operators, staff presents a proposal to launch a weekly farmers market in conjunction with Supporting Arms beginning Spring 2024 at the Park & Ride lot in the Mission District. A budget of $21,000 should be allocated to cover equipment rental costs as well as advertising and marketing efforts for fiscal year 2023-24.
California Environmental Quality Act (CEQA) Determination: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
Recommended Action:
Staff recommends that the City Council:
1. Review and approve the Professional Services Agreement with Supporting Arms;
2. Allocate a $21,000 budget for market operation and marketing efforts;
3. Approve a modified business license fee structure for a farmers market; and
4. Authorize the City Manager to execute and sign the agreement.
8. PUBLIC COMMENT
9. CITY MANAGER’S REPORT
10. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the City Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.
11. CLOSED SESSION – None.
12. ADJOURNMENT
The next regular City Council meeting will be held on Tuesday, February 20, 2023 at 6:30 P.M. Information regarding matters to be considered at each meeting will be available on the Friday before the City Council Meeting on the City’s website at www.sangabrielcity.com.
Materials Available for Inspection. You may view agenda items online at www.sangabrielcity.com/agendacenter, or in person at City Hall, 425 South Mission Drive, City Council Regular Meeting Agenda – February 6, 2024 11 San Gabriel, CA 91776. Materials related to an item on this Agenda, submitted to the City Council after distribution of the Agenda packet, will be posted on the City website.
Persons with Disabilities
Upon request, this Agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990.
Persons requesting a Translator
Any person requesting translation for the meeting must notify the City Clerk Department at [email protected] at least 48 hours before the meeting.
English
Translation Services. Upon request, the agenda and any public hearing notice for a project may be translated in either Chinese, Spanish, or Vietnamese. Please direct such a request for translation to the City Clerk Department by emailing [email protected] at least 48 hours before the meeting.
Chinese (Traditional)
翻譯服務。根據要求，項目的議程和任何公開聽證會通知可以翻譯成中文、西班牙文或越
南文。請至少在會議開始前 48 小時發送電子郵件至 [email protected] 將此類翻譯請求
發送至市文員部。
Chinese (Simplified)
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南文。请至少在会议开始前 48 小时发送电子邮件至 [email protected] 将此类翻译请求
发送至市文员部。
Vietnamese
Dịch vụ Dịch thuật. Theo yêu cầu, chương trình nghị sự và bất kỳ thông báo điều trần công khai nào cho một dự án có thể được dịch sang tiếng Trung, tiếng Tây Ban Nha hoặc tiếng Việt. Vui lòng gửi yêu cầu dịch thuật như vậy tới Phòng Thư ký Thành phố bằng cách gửi email tới [email protected] ít nhất 48 giờ trước cuộc họp.
Spanish
Servicios de traducción. Previa solicitud, la agenda y cualquier aviso de audiencia pública para un proyecto pueden traducirse al chino, español o vietnamita. Dirija dicha solicitud de traducción al Departamento del Secretario Municipal enviando un correo electrónico a [email protected] al menos 48 horas antes de la reunión.
Questions about this Agenda? Should any person have a question concerning any of the above Agenda items prior to the meeting, please contact the City Clerk at [email protected] during regular office hours.
City Council Regular Meeting Agenda – February 6, 2024 12 Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk Department by emailing [email protected] at least 48 hours before the meeting, if possible.