San Gabriel — 2024-01-16

A. RECOGNITION OF NEW COMMUNITY EMERGENCY RESPONSE TEAM\n(CERT) MEMBERS

B. MATERIAL DEMANDS\nThe most recent Material Demands from the Finance Department are presented\nto the City Council for review and approval.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council approve Material Demands as\npresented.

C. CASH AND INVESTMENT REPORT – DECEMBER 2023\nIn accordance with the City of San Gabriel’s 2023-2024 Adopted Investment\nPolicy (Resolution No. 23-36) and California Government Code Section 53646,\nthe Finance Director is to render an investment report to the City Council, City\nTreasurer, City Manager, and the City Attorney. The Cash and Investment\nReport is presented to receive and file in accordance with the City’s adopted\n2023-2024 Investment Policy.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council receive and file the Cash and\nInvestment Report for December 2023.

D. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA CONSULTING\nFOR GRANT WRITING SERVICES IN THE AMOUNT OF $55,200 ANNUALLY\nOn June 6, 2023, the City Council adopted the 2023-24 Fiscal Year budget that\nincluded $50,000 earmarked for grant writing services. In September 2023, staff\nprovided a Request for Proposal to six qualified grant writing consultants. Based\non proposals received, staff is recommending California Consulting for a one-\nyear term at a monthly retainer cost of $4,600. The Fiscal Year 2023-24 general\nfund non-departmental budget includes $50,000 for grant writing services. For\nFiscal Year 2024-25, the agreement will be budgeted at the full contract\nagreement rate of $4,600 per month or $55,200 annually.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council approve the Professional Services\nAgreement with California Consulting for Grant Writing Services and authorize\nthe City Manager to execute the agreement and issue a purchase order in the\namount of $50,000.

E. ORDINANCE NO. 699 APPROVING AN ANNEXATION AND PRE-ZONING\nAT 5623 NORTH GLADYS AVENUE (ANX23-001/ZC23-001/GPA23-001) –\nSECOND READING AND ADOPTION\nAdoption of Ordinance No. 699 would approve an annexation and pre-zoning\nat 5623 North Gladys Avenue. The Fiscal Year 2023-24 Adopted Budget\nincludes the cost for required legal publication and codification of the\nordinance.\nCalifornia Environmental Quality Act (CEQA) Determination: The proposed\namendments would be exempt from the California Environmental Quality Act\n(CEQA) under Section 15319 (Annexations of Existing Facilities and Lots for\nExempt Facilities) of the CEQA guidelines. Annexations to a city or special district\nof areas containing existing facilities public or private structures developed to the\ndensity allowed by the current zoning or pre-zoning of either the gaining or losing\ngovernmental agency, whichever is more restrictive, provided, however, that the\nextension of utility services to the existing facilities would a capacity to serve only\nthe existing facilities.\nRecommended Action:\nStaff recommends that the City Council waive reading and adopt Ordinance No.\n699 entitled “An Ordinance of the City Council of the City of San Gabriel,\nCalifornia, Approving Planning Case Nos. ANX23-001, GPA23-001, and ZC23-\n001, Approving an annexation and pre-zoning at 5623 North Gladys Avenue.

F. ORDINANCE NO. 700: AMENDING AN EXISTING PLANNED\nDEVELOPMENT OVERLAY ZONE AND APPROVING A DEVELOPMENT\nAGREEMENT FOR A MIXED-USE DEVELOPMENT AT 201-217 SOUTH SAN\nGABRIEL BOULEVARD (ZC22-001 AND DA22-001) – SECOND READING\nAND ADOPTION\nAdoption of Ordinance No. 700 would amend an existing Planned\nDevelopment Overlay Zone and approve a Development Agreement for a\nmixed-use development (Rubio Village). The Fiscal Year 2023-24 Adopted\nBudget includes the cost for required legal publication and codification of the\nordinance.\nCalifornia Environmental Quality Act (CEQA) Determination: The proposed\nproject was reviewed for compliance with the California Environmental Quality\nAct (CEQA). The City prepared an Initial Study (IS) to determine the proposed\nproject's potential impact on the environment. The City has determined that the\nproject may have a significant effect on the environment, but by implementing\nthe identified mitigation measures, the project's impacts could be reduced to less\nthan significant levels. Ten mitigation measures have been identified to reduce\nthese potential impacts to a less than significant level. The Mitigation Monitoring\nand Reporting Program (MMRP) contains the full text of the mitigation measures,\nas well as identifies the responsible party for implementation and timing.\nThe 30-day public review period of the Initial Study/Mitigated Negative\nDeclaration was initiated on August 24, 2023, and ended on September 22, 2023.\nA notice regarding the CEQA comment period was posted with the Los Angeles\nCounty Recorder, published in the San Gabriel Sun newspaper, and distributed to\nrelevant regulatory agencies. Additionally, a notice was mailed to owners and\noccupants within 500-feet of the project site. A total of three comment letters\nwere submitted to the City during the public comment period. The comment\nletters and the Lead Agency response to comments received are included in the\nFinal Mitigated Negative Declaration (MND).\nRecommended Action:\nStaff recommends that the City Council waive reading and adopt Ordinance No.\n700 entitled, “An Ordinance of the City Council of the City of San Gabriel,\nCalifornia, Approving Planning Case Nos. ZC22-001 and DA22-001, Amending\nan Existing Planned Development Overlay Zone and Approving a Development\nAgreement for a Mixed-Use Development at 201-217 South San Gabreil\nBoulevard.”

G. HUMAN EQUITY, ACCESS AND RELATIONS (HEAR) COMMISSION\nPROPOSED 2024 ANNUAL WORK PLAN\nThis is the 2024 Annual Workplan developed by the Human Equity, Access and\nRelations (HEAR) Commission for the 2024 calendar year. The Commissioners\nhave had open and constructive dialogue to develop a plan that best fits in\nalignment with the goals and scope of the HEAR Commission as well as the City\nof San Gabriel’s Mission. The Commission estimates needing $6,000 from the\ngeneral fund in order to offer the proposed programs/events. Staff will bring\nthe budget request at the mid-year budget with the exception of the All Are\nWelcome Program which will be presented to Council separately and the\ncorresponding budget request will be made at that time.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council receive and file the HEAR Commission’s\nAnnual Workplan, as presented above, for 2024. If Council would like to make\nany changes to the workplan, they can pull the item from consent and then\ndiscuss and adopt any changes.

A. CONSIDERATION OF ADOPTION AND DIRECTION ON A NEW SISTER CITY\nAND FRIENDSHIP CITY POLICY FOR THE CITY OF SAN GABRIEL\nThis past July, the City Council discussed the possibility of forming new Sister\nCity or Friendship City relationships and directed staff to return with a draft\npolicy to govern how future requests are handled. Staff has drafted a proposed\npolicy based upon examples from other cities and recommends that the City\nCouncil discuss the proposed policy and provide input and direction on how to\nproceed. There is no fiscal impact associated with a discussion and adoption of\na policy to guide future Sister and Friendship City relationships. Should the City\nCouncil decide to consider additional partnerships or to rekindle the ones with\nthe current cities, the fiscal impact would be minimal and included in annual\nCity budgets. Any larger expenditures would need to be considered and\napproved on a case-to-case basis by the City Council in the future.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council discuss the Sister and Friendship City\npolicy and after providing any input and changes, adopt the policy.\nAlternatives Recommendations\nIn addition to the recommended action, the City Council has the following\noptions:\n1. Discuss the proposed policy and provide direction on changes to be\nbrought back for future consideration.\n2. Decide not to adopt a policy at this time and direct staff to bring back any\nfuture Sister City or Friendship City requests for consideration on a case-by-\ncase basis.\n3. Decide not to adopt a policy at this time and direct staff to not pursue any\nfuture Sister City or Friendship City relationships.\n4. Some other action that the City Council decides based upon discussion at\nthe meeting.

A. AUTHORIZATION OF AN ADDITIONAL EVIDENCE AND PROPERTY\nTECHNICIAN (EPT)\nStaff researched the feasibility of the addition of a second Evidence and\nProperty Technician. For San Gabriel’s Police Department, as of 2023,\nprocessing and handling of evidence has expanded to include body worn\ncamera footage that is frequently requested by the Los Angeles County District\nAttorney’s Office, attorneys, public, and the media. Producing this discoverable\nfootage is a tedious and labor-intensive process that must be completed within\na small window of time. Approval of this proposal by the City Council would\nresult in greater operational efficiency with daily tasks and would help to meet\nthe growing demand of public discovery. There is no fiscal impact to the fiscal\n2023-24 budget, but will be included in the fiscal year 2024-25 budget. The\nfiscal impact for the additional Evidence and Property Technician would be\napproximately $101,368.00 per year at fiscal 2023-24 rates.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council adopt Resolution No. 24-01 and\nauthorize the City Manager to approve the addition of a second Evidence and\nProperty Technician for the San Gabriel Police Department.

B. PRESENTATION AND ACCEPTANCE OF THE ANNUAL COMPREHENSIVE\nFINANCIAL REPORT AND OTHER AUDIT REPORTS FOR THE FISCAL YEAR\nENDED JUNE 30, 2023\nThe certified public accounting firm of Moss, Levy, Hartzheim, LLP (MLH) was\nengaged by the City Council to perform an audit of the financial statements\nand conduct compliance testing of the City of San Gabriel for the fiscal year\nended June 30, 2023. MLH conducted the audit in accordance with generally\naccepted auditing standards and issued an unqualified (clean) audit opinion on\nthe financial statements. This report provides a summary of the audit report to\nbe used as a companion to the published Annual Comprehensive Financial\nReport.\nCalifornia Environmental Quality Act (CEQA) Determination: Not a Project as\ndefined in Section 15378 of the State CEQA Guidelines.\nRecommended Action:\nStaff recommends that the City Council receive and file the annual audit reports\nfor fiscal year ended June 30, 2023.

C. ADOPTION OF URGENCY ORDINANCE NO. 701 PURSUANT TO\nCALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE\nESTABLISHMENT OF MEDICINAL CANNABIS DELIVERY BUSINESSES FOR\n45 DAYS AND AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nThe California Legislature adopted Senate Bill 1186 (SB 1186) in 2022, entitled\nthe Medicinal Cannabis Patient’s Right of Access Act, which precluded cities and\ncounties from adopting or enforcing regulations that prohibit or have the effect\nof prohibiting the retail sale of medicinal cannabis by delivery. SB 1186 took\neffect on January 1, 2024. In order to provide the City time to adopt reasonable\nregulations for such uses, a 45-day moratorium is necessary. There is no fiscal\nimpact related to this item.\nCalifornia Environmental Quality Act (CEQA) Determination: Environmental\nreview is not required under the California Environmental Quality Act (CEQA)\npursuant to the California Code of Regulations, Title 14, Chapter 3, Sections\n15060(c)(2) (the activity will not result in a direct or reasonably foreseeable\nindirect physical change in the environment) and 15060(c)(3) (the activity is not\na project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs,\nTitle 14, Chapter 3, because it has no potential to result in a physical change to\nthe environment, directly or indirectly. This is because the moratorium adopted\nby the proposed interim ordinance merely prohibits uses that have significant\nimpacts on public health, safety, and welfare and does not permit any\ndevelopment that could result in a significant change to the environment.\nFurthermore, the moratorium established by the proposed ordinance is\ntemporary pending further study and investigation. In addition, the proposed\nordinance is categorically exempt from CEQA pursuant to Section 15308 of the\nCEQA Guidelines because this ordinance is a regulatory action taken by the City\nin accordance with Government Code Section 65858 to assure maintenance and\nprotection of the environment pending further review of the potential impacts of\nmedical marijuana facilities and mobile medical marijuana dispensaries in the\nCity and potential modifications to the San Gabriel Municipal Code.\nRecommended Action:\nStaff recommends that the City Council adopt the proposed Ordinance by at\nleast a four-fifths vote.\nAlternative Option:\nDo not adopt the Urgency Ordinance. This will leave the City vulnerable to\ndispensary operators entering the City without any established regulations or\nrestrictions on location.