San Gabriel — 2024-02-20

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 – JANUARY 2024\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 January 2024.

D. FISCAL YEAR 2023-2024 BUDGET UPDATE AS OF DECEMBER 31, 2023, FOR\nTHE GENERAL FUND AND MISSION PLAYHOUSE FUND\nThis report provides a fiscal year 2023-24 budget update for the City’s general\nfund and Mission Playhouse fund as of December 31, 2023. The budget update\nincorporates the actual revenue received and expenditures that have occurred\nthrough December 31, 2023, and projects the financial results for the year\nending June 30, 2024. There is no fiscal impact related to this item.\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 report.

E. ORDINANCE NO. 703 RENEWING AND APPROVING THE SAN GABRIEL\nPOLICE DEPARTMENT’S UPDATED MILITARY EQUIPMENT USE POLICY 707\nAND FINDING THAT THE ANNUAL MILITARY EQUIPMENT REPORT IS IN\nCOMPLIANCE WITH GOVERNMENT CODE 7072(A)\nOn August 16, 2022, the City Council adopted Ordinance No. 684 approving a\nMilitary Equipment Use Policy pursuant to Assembly Bill 481. In accordance with\nthe legislation and the Policy, a military equipment report must be submitted\nto the City Council annually for each type of military equipment approved\nwithin one year of approval, and annually thereafter for as long as the military\nequipment is available for use. Adoption of this ordinance would renew and\nupdate Lexipol policy 707, approve the annual Military Equipment List as\nrequired by Government Code 7072(a) and establish a new adoption process\nfor any future changes to the military equipment list. No funding has been used\nto acquire any new military equipment defined by Government Code 7070.\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:\n1. Review and approve the Assembly Bill 481 annual report and the updated\nLexipol Policy 707;\n2. By majority vote introduce and conduct the first reading by title only of\nOrdinance No. 703, “An Ordinance of the City Council of the City of San\nGabriel, California, Readopting Police Department Lexipol Policy, Section\n707, Military Equipment, pursuant to Assembly Bill (AB) 481 Military\nEquipment Acquisition, Use, and Reporting and Establishing Annual Review\nProcess”;\n3. Waive future reading, and schedule the second reading and adoption for\nthe next regular Council meeting.

A. ZONE TEXT AMENDMENT TO UPDATE THE SAN GABRIEL MUNICIPAL\nCODE RELATING TO NEW STATE LAW THAT WOULD ALLOW MEDICINAL\nCANNABIS DELIVERY-ONLY RETAILERS IN THE M-1 ZONE (ZTA23-004)\nThe California Legislature adopted Senate Bill 1186 (SB 1186) in 2022, entitled\nthe Medicinal Cannabis Patient’s Right of Access Act, which precludes 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. This item was continued from the February 6, 2024,\nCity Council meeting to allow staff additional time to address the comments\nprovided at the meeting. The Fiscal Year 2023-24 Adopted Budget includes the\ncost for required legal publication (Account No. 121-702-00-65-000) and\ncodification (Account No. 121-702-00-22-000) of the ordinance.\nCalifornia Environmental Quality Act (CEQA) Determination: The City reviewed\nthe environmental impacts of the proposed ordinance pursuant to the California\nEnvironmental Quality Act (Public Resources Code Subsection 21000, et seq.\n“CEQA”) and the CEQA Guidelines. CEQA Guidelines Section 15061(b)(3) provides\nthat a project is exempt from CEQA if the activity is covered by the commonsense\nexemption that CEQA only applies to projects which have the potential for\ncausing a significant effect on the environment. The proposed ordinance qualifies\nfor this CEQA exemption as there is no possibility that the ordinance will have a\nsignificant effect on the environment as it amends the City’s Municipal Code to\nimpose operating requirements on delivery-only medicinal cannabis retailers,\nwhich does not affect the environment. Accordingly, the ordinance is not subject\nto further environmental review.\nRecommended Action:\nStaff recommends that the City Council:\n1. Conduct the public hearing and discuss proposed Ordinance No. 702;\n2. Waive full reading and adopt Ordinance No. 702 by title only: and\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL,\nCALIFORNIA, AMENDING CHAPTER 153 (ZONING CODE) OF THE SAN\nGABRIEL MUNICIPAL CODE RELATING TO MEDICINAL CANNABIS\nDELIVERY-ONLY RETAILERS IN THE M-1 (LIGHT MANUFACTURING)\nZONE, SUBJECT TO A CONDITIONAL USE PERMIT\n3. Waive future reading of the Ordinance and schedule the second reading\nand adoption of the Ordinance for the next regular City Council meeting.\nThe Ordinance would then become effective 30 days after adoption.\nAlternative Options for Consideration:\nThe action of the City Council may be to approve, approve with modifications, or deny\nproposed zone text amendment. If the City Council determines that the proposed\nordinance or any part of the ordinance should be denied, the appropriate motion\nshould be adopted.

A. PRESENTATION OF THE ALL ARE WELCOME PROGRAM AND ADOPTION\nOF RESOLUTION NO. 24-05 FOR A BUDGET INCREASE OF $1,500\nThe City Council approved the Human Equity, Access, and Relations (HEAR)\nCommission’s 2023 Annual Workplan at the April 18, 2023, City Council\nmeeting. Included in the workplan was the development of a safe zone/space\ncampaign geared toward identifying offices, businesses, and public areas as\nsafe spaces for minority populations, specifically the LGBTQ+ population. At the\nJune 27, 2023, HEAR Commission meeting the Commission approved the All\nAre Welcome program for submission to the City Council for approval. Current\nstaffing levels will be used to develop and implement the All Are Welcome\nprogram. The cost of marketing/information materials, program supplies and\ndevelopment of the educational video is estimated to be $1,500. Should City\nCouncil approve the program, additional funds would need to be allocated\nfrom the General Fund to the Community Services Recreation Special\nDepartmental account, 121-850-10-21-000 in the amount of $1,500.\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 All Are Welcome program\nby adoption of Resolution No. 24-05 and direct staff to begin implementing\nthe program.\nAlternatives to Staff Recommendations:\nShould the City Council not wish to approve the staff recommendation, the\nfollowing options are available.\n1. Send the item back to the HEAR Commission with requested amendments\nto the program.\n2. Request that staff work with the HEAR Commission to develop a different\nprogram in support of the LGBTQ+ community.\n3. Other options that the City Council determines after discussing the item.