San Gabriel — 2024-03-05

A. WOMEN’S HISTORY MONTH

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. RESOLUTION NO. 24-08 APPROVING THE COMPREHENSIVE\nMEMORANDUM OF UNDERSTANDING WITH THE SAN GABRIEL POLICE\nOFFICERS’ ASSOCIATION FOR THE JULY 1, 2022, THROUGH JUNE 30, 2025\nPERIOD\nOn October 4, 2022, the City Council ratified a three-year labor agreement with\nthe San Gabriel Police Officers’ Association (POA), covering the July 1, 2022\nthrough June 30, 2025, period. As part of that agreement, representatives of\nthe City and POA agreed to work together to develop a comprehensive\nMemorandum of Understanding (MOU) and incorporate the new labor\nagreement and all previous labor agreements into the comprehensive MOU. In\nDecember 2023, the parties completed the comprehensive MOU. The\ncompensation and benefits outlined in the comprehensive MOU have prior\napproval of the City Council, and as such, approving the comprehensive MOU\nis an administrative function only and will have no fiscal impact.\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. 24-08, approving\nthe comprehensive Memorandum of Understanding for the period covering\nJuly 1, 2022, through June 30, 2025, between the City and San Gabriel Police\nOfficers’ Association, and authorize the City’s negotiators to fully execute the\nMemorandum of Understanding.

D. ORDINANCE NO. 702: AMENDING CHAPTER 153 OF THE SAN GABRIEL\nMUNICIPAL CODE TO UPDATE THE SAN GABRIEL MUNICIPAL CODE\nRELATING TO NEW STATE LAW THAT WOULD ALLOW MEDICINAL\nCANNABIS DELIVERY-ONLY RETAILERS IN THE M-1 ZONE (ZTA23-004) –\nSECOND READING AND ADOPTION\nOrdinance No. 702 was approved at introduction by a 5-0 vote of the City\nCouncil at the February 20, 2024, City Council meeting. Adoption of Ordinance\nNo. 702 would amend Title XV, Chapter 153 (Zoning Code) of the San Gabriel\nMunicipal Code relating to new state law that would allow medicinal cannabis\ndelivery-only retailers in the M-1 (Light-Manufacturing) Zone (ZTA23-004). The\nFiscal Year 2023-24 Adopted Budget includes the cost for required legal\npublication (Account No. 121-702-00-65-000) and codification (Account No.\n121-702-00-22-000) of the ordinance.\nCalifornia Environmental Quality Act (CEQA) Determination: CEQA Guidelines\nSection 15061(b)(3) provides that a project is exempt from CEQA if the activity is\ncovered by the commonsense exemption that CEQA only applies to projects which\nhave the potential for causing a significant effect on the environment. The\nproposed ordinance qualifies for this CEQA exemption as there is no possibility\nthat the ordinance will have a significant effect on the environment as it amends\nthe City’s Municipal Code to impose operating requirements on deliver-only\nmedicinal cannabis retailers, which does not affect the environment. Accordingly,\nthe ordinance is not subject to further environmental review.\nRecommended Action:\nStaff recommends that the City Council waive reading and adopt Ordinance No.\n702 entitled “An Ordinance of the City Council of the City of San Gabriel,\nCalifornia, Approving Planning Case No. ZTA23-004, Amending Title XV,\nChapter 153 (Zoning) Relating to New State Law that Would Allow Medicinal\nCannabis Delivery-only Retailers in the M-1 Zone.”

E. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT\nAGREEMENT FOR TRACT NO. 73095, A PROPOSED HOTEL AND MIXED-\nUSE DEVELOPMENT LOCATED AT 101 WEST VALLEY BOULEVARD AND\nFINDING OF A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)\nEXEMPTION\nThe development located at 101 West Valley Boulevard is a mixed-use\ndevelopment building that includes a hotel, retail, restaurant, and residential\ncondominium development with two subterranean and six above-ground floor\nlevels on a 2.260-acre site. Staff and RKA Consulting Group, Incorporated, the\nCity’s contract consultant, have reviewed the Final Tract Map and determined it\nis in compliance with the State Subdivision Map Act, and the City’s Conditions\nof Approval, and the City’s ordinances regarding subdivisions. There is no fiscal\nimpact processing an approval of a Final Tract Map.\nCalifornia Environmental Quality Act (CEQA) Determination: A Mitigated\nNegative Declaration has been reviewed and approved by the City’s Planning\nDivision for compliance with the California Environmental Quality Act (CEQA)\nand has filed a Notice of Determination (Public Resources Code, Section 21108\nor 21152). A record of project approval is available to the General Public at the\nPlanning Division, City Hall.\nRecommended Action:\nStaff recommends that the City Council find the project exempt from California\nEnvironmental Quality Act based on Section 15332, Class 32 (In-Fill\nDevelopment), approve the Final Tract Map No. 73095 and the Subdivision\nImprovement Agreement, authorize its filing with the Los Angeles County\nRecorder and authorize the City Manager to execute the Subdivision\nAgreement.

F. MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY\nCOUNCIL OF GOVERNMENTS FOR THE ACTIVE STREETS MISSION-TO-\nMISSION 2024 EVENT IN THE AMOUNT OF $15,000 PLUS A MAXIMUM\nREIMBURSEMENT OF $10,000\nOn January 25, 2024, the Los Angeles County Metropolitan Transportation\nAuthority (LACMTA) Board approved the Open Streets Grant Program Cycle\nFive; providing funds for one-day events that close streets to automotive traffic\nand open them to people to walk or bike. On Sunday, April 28, 2024, from 8:40\na.m. to 3:00 p.m., the cities of San Gabriel, Alhambra and South Pasadena will\nbe jointly hosting an open streets event, called Active Streets Mission-to\nMission. The Transportation Development Act local return funds will be utilized\nto cover the in-kind match requirement of $15,000 and any additional costs\nthat exceed the reimbursable amount of $10,000.\nCalifornia Environmental Quality Act (CEQA) Determination: This item is not a\nproject as defined in Section 15378 of the state CEQA Guidelines, as to its short\nduration, it has no potential for resulting in either a direct physical change in the\nenvironment, or a reasonably foreseeable indirect physical change in the\nenvironment.\nRecommended Action:\nStaff recommends that the City Council authorize the City Manager to execute\nthe final version of the Memorandum of Agreement between the San Gabriel\nValley Council of Governments and the cities of San Gabriel, Alhambra, and\nSouth Pasadena for the 2024 Active Streets Mission-to-Mission, after all three\nagencies mutually agree to the terms.

A. EXTENSION OF INTERIM ORDINANCE NO. 701 REGARDING THE\nTEMPORARY MORATORIUM PROHIBITING THE ESTABLISHMENT OF\nMEDICINAL CANNABIS DELIVERY BUSINESSES AND AN EXEMPTION\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\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. In order to provide the City with time to adopt\nreasonable regulations for such uses, the City Council on January 16, 2024,\nadopted Interim Urgency Ordinance No. 701 establishing a 45-day temporary\nmoratorium. Government Code Section 65658 allows the City Council to further\nextend the Interim Urgency Ordinance by an additional 10 months and 15 days,\nif necessary. A three-month extension of the temporary moratorium is\nnecessary to adopt regulations for such uses. There is no fiscal impact\nanticipated from the proposed urgency ordinance.\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, California Code of\nRegulations, Title 14, Chapter 3, because it has no potential to result in a physical\nchange to the environment, directly or indirectly. This is because the moratorium\nadopted by the proposed interim ordinance merely prohibits uses that have\nsignificant impacts 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 extend Interim Ordinance No. 701 for\nthree additional months by at least a four-fifths vote of the City Council.\nAlternative Option for Consideration\nDo not extend the Interim Ordinance. This will leave the City vulnerable to\ndispensary operators entering the City without any established regulations or\nrestrictions on location.

A. PUBLIC OPINION POLL RESULTS ON PUBLIC SAFETY HEADQUARTER\nPROPERTY TAX AND BUSINESS TAX MODERNIZATION\nA public opinion polling firm, Fairbank, Maslin, Maullin, Metz & Associates (FM3\nResearch) was contracted to conduct a public opinion poll to assess the viability\nof an ad valorem property tax for a new public safety headquarters as well as\nchanges to the business license tax ordinance that will modernize the code and\nincrease the tax. A representative from FM3 Research will present the results of\nthe public opinion poll. 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.

B. 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 (“Policy”) pursuant to Assembly Bill 481 (“AB 481”).\nIn accordance with the legislation and the Policy, a military equipment report\nmust be submitted to the City Council annually for each type of military\nequipment approved within one year of approval, and annually thereafter for as\nlong as the military equipment is available for use. Adoption of this Ordinance\nwould renew and update Lexipol policy 707, approve the annual Military\nEquipment List as required by Government Code Section 7072(a) and establish\na new adoption process for any further changes to the Military Equipment List.\nNo funding has been used to acquire any new military equipment defined by\nGovernment Code Section 7070 during this reporting period.\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 review and approve the Assembly Bill\n481 annual report and the updated Policy 707 and by majority vote renew,\nintroduce and conduct the first reading by title only of Ordinance No. 703\nReadopting Police Department Lexipol Policy, Section 707, Military\nEquipment, Pursuant to Assembly Bill 481 Military Equipment Acquisition,\nUse, and Reporting and Establishing Annual Review Process, waive future\nreading, and schedule the second reading and adoption for the next regular City\nCouncil meeting.