City Council Regular Meeting Agenda – March 5, 2024 1
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CITY OF SAN GABRIEL
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, March 5, 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
AMENDED AGENDA 03/01/2024
Added Item 7B
City Council Regular Meeting Agenda – March 5, 2024 2
City Council Regular Meeting Agenda
Tuesday, March 5, 2024
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE LED BY: Mayor Harrington
• ROLL CALL: Mayor Harrington, Vice Mayor Wu, Council Members Chan, Ding, Menchaca
1. APPROVAL OF AGENDA ORDER
2. PRESENTATIONS
A. WOMEN’S 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 February 20, 2024.
2. Minutes of the City Council Regular Meeting of February 20, 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 – March 5, 2024 3
Recommended Action:
Staff recommends that the City Council approve Material Demands as presented.
C. RESOLUTION NO. 24-08 APPROVING THE COMPREHENSIVE
MEMORANDUM OF UNDERSTANDING WITH THE SAN GABRIEL POLICE OFFICERS’ ASSOCIATION FOR THE JULY 1, 2022, THROUGH JUNE 30, 2025 PERIOD
On October 4, 2022, the City Council ratified a three-year labor agreement with the San Gabriel Police Officers’ Association (POA), covering the July 1, 2022 through June 30, 2025, period. As part of that agreement, representatives of the City and POA agreed to work together to develop a comprehensive Memorandum of Understanding (MOU) and incorporate the new labor agreement and all previous labor agreements into the comprehensive MOU. In December 2023, the parties completed the comprehensive MOU. The compensation and benefits outlined in the comprehensive MOU have prior approval of the City Council, and as such, approving the comprehensive MOU is an administrative function only and will have no fiscal impact.
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 adopt Resolution No. 24-08, approving the comprehensive Memorandum of Understanding for the period covering July 1, 2022, through June 30, 2025, between the City and San Gabriel Police Officers’ Association, and authorize the City’s negotiators to fully execute the Memorandum of Understanding.
D. ORDINANCE NO. 702: AMENDING CHAPTER 153 OF THE SAN GABRIEL
MUNICIPAL CODE 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) –
SECOND READING AND ADOPTION
Ordinance No. 702 was approved at introduction by a 5-0 vote of the City Council at the February 20, 2024, City Council meeting. Adoption of Ordinance No. 702 would amend Title XV, Chapter 153 (Zoning Code) of the San Gabriel Municipal Code relating to new state law that would allow medicinal cannabis delivery-only retailers in the M-1 (Light-Manufacturing) Zone (ZTA23-004). The City Council Regular Meeting Agenda – March 5, 2024 4
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: 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 deliver-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 waive reading and adopt Ordinance No. 702 entitled “An Ordinance of the City Council of the City of San Gabriel, California, Approving Planning Case No. ZTA23-004, Amending Title XV, Chapter 153 (Zoning) Relating to New State Law that Would Allow Medicinal Cannabis Delivery-only Retailers in the M-1 Zone.”
E. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NO. 73095, A PROPOSED HOTEL AND MIXEDUSE DEVELOPMENT LOCATED AT 101 WEST VALLEY BOULEVARD AND
FINDING OF A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
EXEMPTION
The development located at 101 West Valley Boulevard is a mixed-use development building that includes a hotel, retail, restaurant, and residential condominium development with two subterranean and six above-ground floor levels on a 2.260-acre site. Staff and RKA Consulting Group, Incorporated, the City’s contract consultant, have reviewed the Final Tract Map and determined it is in compliance with the State Subdivision Map Act, and the City’s Conditions of Approval, and the City’s ordinances regarding subdivisions. There is no fiscal impact processing an approval of a Final Tract Map.
California Environmental Quality Act (CEQA) Determination: A Mitigated Negative Declaration has been reviewed and approved by the City’s Planning Division for compliance with the California Environmental Quality Act (CEQA) and has filed a Notice of Determination (Public Resources Code, Section 21108 or 21152). A record of project approval is available to the General Public at the Planning Division, City Hall.
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Recommended Action:
Staff recommends that the City Council find the project exempt from California Environmental Quality Act based on Section 15332, Class 32 (In-Fill Development), approve the Final Tract Map No. 73095 and the Subdivision Improvement Agreement, authorize its filing with the Los Angeles County Recorder and authorize the City Manager to execute the Subdivision Agreement.
F. MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS FOR THE ACTIVE STREETS MISSION-TOMISSION 2024 EVENT IN THE AMOUNT OF $15,000 PLUS A MAXIMUM REIMBURSEMENT OF $10,000
On January 25, 2024, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board approved the Open Streets Grant Program Cycle Five; providing funds for one-day events that close streets to automotive traffic and open them to people to walk or bike. On Sunday, April 28, 2024, from 8:40 a.m. to 3:00 p.m., the cities of San Gabriel, Alhambra and South Pasadena will be jointly hosting an open streets event, called Active Streets Mission-to Mission. The Transportation Development Act local return funds will be utilized to cover the in-kind match requirement of $15,000 and any additional costs that exceed the reimbursable amount of $10,000.
California Environmental Quality Act (CEQA) Determination: This item is not a project as defined in Section 15378 of the state CEQA Guidelines, as to its short duration, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute the final version of the Memorandum of Agreement between the San Gabriel Valley Council of Governments and the cities of San Gabriel, Alhambra, and South Pasadena for the 2024 Active Streets Mission-to-Mission, after all three agencies mutually agree to the terms.
5. PUBLIC HEARING
A. EXTENSION OF INTERIM ORDINANCE NO. 701 REGARDING THE
TEMPORARY MORATORIUM PROHIBITING THE ESTABLISHMENT OF
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MEDICINAL CANNABIS DELIVERY BUSINESSES AND AN EXEMPTION
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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. In order to provide the City with time to adopt reasonable regulations for such uses, the City Council on January 16, 2024, adopted Interim Urgency Ordinance No. 701 establishing a 45-day temporary moratorium. Government Code Section 65658 allows the City Council to further extend the Interim Urgency Ordinance by an additional 10 months and 15 days, if necessary. A three-month extension of the temporary moratorium is necessary to adopt regulations for such uses. There is no fiscal impact anticipated from the proposed urgency ordinance.
California Environmental Quality Act (CEQA) Determination: Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to result in a physical change to the environment, directly or indirectly. This is because the moratorium adopted by the proposed interim ordinance merely prohibits uses that have significant impacts on public health, safety, and welfare and does not permit any development that could result in a significant change to the environment.
Furthermore, the moratorium established by the proposed ordinance is temporary pending further study and investigation. In addition, the proposed ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA guidelines because this ordinance is a regulatory action taken by the City in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the potential impacts of medical marijuana facilities and mobile medical marijuana dispensaries in the City and potential modifications to the San Gabriel Municipal Code.
Recommended Action:
Staff recommends that the City Council extend Interim Ordinance No. 701 for three additional months by at least a four-fifths vote of the City Council.
Alternative Option for Consideration
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Do not extend the Interim Ordinance. This will leave the City vulnerable to dispensary operators entering the City without any established regulations or restrictions on location.
6. CONTINUED BUSINESS – None.
7. NEW BUSINESS
A. PUBLIC OPINION POLL RESULTS ON PUBLIC SAFETY HEADQUARTER
PROPERTY TAX AND BUSINESS TAX MODERNIZATION
A public opinion polling firm, Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research) was contracted to conduct a public opinion poll to assess the viability of an ad valorem property tax for a new public safety headquarters as well as changes to the business license tax ordinance that will modernize the code and increase the tax. A representative from FM3 Research will present the results of the public opinion poll. 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.
B. 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 (“Policy”) pursuant to Assembly Bill 481 (“AB 481”).
In accordance with 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 Section 7072(a) and establish a new adoption process for any further changes to the Military Equipment List.
No funding has been used to acquire any new military equipment defined by Government Code Section 7070 during this reporting period.
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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 review and approve the Assembly Bill 481 annual report and the updated Policy 707 and by majority vote renew, introduce and conduct the first reading by title only of Ordinance No. 703 Readopting Police Department Lexipol Policy, Section 707, Military Equipment, Pursuant to Assembly Bill 481 Military Equipment Acquisition, Use, and Reporting and Establishing Annual Review Process, waive future reading, and schedule the second reading and adoption for the next regular City Council meeting.
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 City Council will adjourn the meeting in honor and memory of Cang Lieu, a 100-year resident of San Gabriel. Cang dedicated and served the community for decades by volunteering and contributing to numerous community service events.
The next regular City Council meeting will be held on Tuesday, March 19, 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
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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)
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.