City Council Regular Meeting Agenda – February 20, 2024 1 How to Submit Public Comment
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CITY OF SAN GABRIEL
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, February 20, 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 20, 2024 2 City Council Regular Meeting Agenda
Tuesday, February 20, 2024
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE LED BY: Council Member Menchaca
• ROLL CALL: Mayor Harrington, Vice Mayor Wu, Council Members Chan, Ding, Menchaca
1. APPROVAL OF AGENDA ORDER
2. PRESENTATIONS
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 Regular Meeting of February 6, 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.
Recommended Action:
City Council Regular Meeting Agenda – February 20, 2024 3 Staff recommends that the City Council approve Material Demands as presented.
C. CASH AND INVESTMENT REPORT – JANUARY 2024
In accordance with the City of San Gabriel’s 2023-2024 Adopted Investment Policy (Resolution No. 23-36) and California Government Code Section 53646, the Finance Director is to render an investment report to the City Council, City Treasurer, City Manager, and the City Attorney. The Cash and Investment Report is presented to receive and file in accordance with the City’s adopted 2023-2024 Investment Policy.
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 Cash and Investment Report for January 2024.
D. FISCAL YEAR 2023-2024 BUDGET UPDATE AS OF DECEMBER 31, 2023, FOR
THE GENERAL FUND AND MISSION PLAYHOUSE FUND
This report provides a fiscal year 2023-24 budget update for the City’s general fund and Mission Playhouse fund as of December 31, 2023. The budget update incorporates the actual revenue received and expenditures that have occurred through December 31, 2023, and projects the financial results for the year ending June 30, 2024. There is no fiscal impact related to this item.
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.
E. ORDINANCE NO. 703 RENEWING AND APPROVING THE SAN GABRIEL POLICE DEPARTMENT’S UPDATED MILITARY EQUIPMENT USE POLICY 707
AND FINDING THAT THE ANNUAL MILITARY EQUIPMENT REPORT IS IN COMPLIANCE WITH GOVERNMENT CODE 7072(A)
On August 16, 2022, the City Council adopted Ordinance No. 684 approving a Military Equipment Use Policy pursuant to Assembly Bill 481. In accordance with City Council Regular Meeting Agenda – February 20, 2024 4 the legislation and the Policy, a military equipment report must be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. Adoption of this ordinance would renew and update Lexipol policy 707, approve the annual Military Equipment List as required by Government Code 7072(a) and establish a new adoption process for any future changes to the military equipment list. No funding has been used to acquire any new military equipment defined by Government Code 7070.
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 Assembly Bill 481 annual report and the updated Lexipol Policy 707;
2. By majority vote introduce and conduct the first reading by title only of Ordinance No. 703, “An Ordinance of the City Council of the City of San Gabriel, California, Readopting Police Department Lexipol Policy, Section 707, Military Equipment, pursuant to Assembly Bill (AB) 481 Military Equipment Acquisition, Use, and Reporting and Establishing Annual Review Process”;
3. Waive future reading, and schedule the second reading and adoption for the next regular Council meeting.
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. This item was continued from the February 6, 2024, City Council meeting to allow staff additional time to address the comments provided at the meeting. 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.
City Council Regular Meeting Agenda – February 20, 2024 5 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 Subsection 21000, et seq. “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, which does not affect 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 adopt Ordinance No. 702 by title only: and
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.
Alternative Options for Consideration:
The action of the City Council may be to approve, approve with modifications, or deny proposed zone text amendment. If the City Council determines that the proposed ordinance or any part of the ordinance should be denied, the appropriate motion should be adopted.
6. CONTINUED BUSINESS – None.
7. NEW BUSINESS
City Council Regular Meeting Agenda – February 20, 2024 6 A. PRESENTATION OF THE ALL ARE WELCOME PROGRAM AND ADOPTION OF RESOLUTION NO. 24-05 FOR A BUDGET INCREASE OF $1,500 The City Council approved the Human Equity, Access, and Relations (HEAR) Commission’s 2023 Annual Workplan at the April 18, 2023, City Council meeting. Included in the workplan was the development of a safe zone/space campaign geared toward identifying offices, businesses, and public areas as safe spaces for minority populations, specifically the LGBTQ+ population. At the June 27, 2023, HEAR Commission meeting the Commission approved the All Are Welcome program for submission to the City Council for approval. Current staffing levels will be used to develop and implement the All Are Welcome program. The cost of marketing/information materials, program supplies and development of the educational video is estimated to be $1,500. Should City Council approve the program, additional funds would need to be allocated from the General Fund to the Community Services Recreation Special Departmental account, 121-850-10-21-000 in the amount of $1,500.
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 All Are Welcome program by adoption of Resolution No. 24-05 and direct staff to begin implementing the program.
Alternatives to Staff Recommendations:
Should the City Council not wish to approve the staff recommendation, the following options are available.
1. Send the item back to the HEAR Commission with requested amendments to the program.
2. Request that staff work with the HEAR Commission to develop a different program in support of the LGBTQ+ community.
3. Other options that the City Council determines after discussing the item.
8. PUBLIC COMMENT
9. CITY MANAGER’S REPORT
City Council Regular Meeting Agenda – February 20, 2024 7
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, March 5, 2024 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, 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。
City Council Regular Meeting Agenda – February 20, 2024 8 Chinese (Simplified)
翻译服务。根据要求，项目的议程和任何公开听证会通知可以翻译成中文、西班牙文或越
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.
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.