MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL AND
CITY OF UPLAND FINANCING AUTHORITY
FEBRUARY 28, 2022
OPENING The regular meeting of the Upland City Council and City of Upland Financing Authority was called to order by
Mayor/Chairman Bill Velto at 6:00 p.m. in the Council
Chambers of the Upland City Hall.
1. ROLL CALL
Present: Mayor/Chairman Bill Velto, Council/Authority Members Janice Elliott, Carlos A. Garcia, and Shannan Maust
Absent: Council/Authority Member Rudy Zuniga
Motion by Mayor/Chairman Velto to excuse the absence of Council/Authority Member Zuniga, seconded by Council/Authority Member Maust, and carried with Councilmember Zuniga absent.
Staff: City Manager/Executive Director Michael Blay, City Attorney/ Authority Counsel Stephen P. Deitsch, and City Clerk/Authority Secretary Keri Johnson
2. ADDITIONS/DELETIONS TO AGENDA None
3. ORAL COMMUNICATIONS
Natasha Walton, stated that Upland should preserve city owned land as park land and further stated that once the open spaces are gone, they are gone forever.
4. CLOSED SESSION
At 6:04 p.m. Mayor Velto announced the City Council would recess to Closed Session pursuant to Government Code Section
A. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
Government Code Section 54956.9 (d) (1) (Worker's Compensation Claim) Claimant: Mike Boyle
Agency: City of Upland
B. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Two contiguous City -owned properties approximately
3.8 Acres is size located on the north side of Arrow
Route, approximately 60 feet west of Benson Avenue;
APN: 1007-271-45 & 47
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, Development Services
Manager Liz Chavez, and Economic Development
Coordinator Melecio Picazo
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Negotiating Parties: Potential buyers
Under Negotiation: Price and terms of payment
The City Council reconvened in open session at 7:00 p.m.
5. INVOCATION Pastor Noel Anderson, First Presbyterian Church
6. PLEDGE OF ALLEGIANCE City Clerk Johnson
7. PRESENTATIONS
Assistant Fire Chief Birchfield presented a Meritorious Award to Ashley Bilz for her actions that contributed to saving a life of another citizen of Upland.
A Certificate of Recognition was presented to Team Rubicon for their assistance during the wind event of January 21, 2022.
A Certificate of Recognition was presented to Upland High School Student Ethan Taro Liu for a Congressional Nomination for the Naval Academy.
A Certificate of Recognition was presented to Upland High School Student Lucas Morales for a Congressional Nomination for the Air Force Academy.
S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session items and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Jim Thomas, Upland, expressed his condolences to Tom Thomas' family.
James Breitling, Upland, provided information on compliance requirements of SB 1383.
10. CONSENT CALENDAR
Councilmember Elliott removed Consent Calendar Item SOD, Councilmember Garcia removed Consent Calendar Item 10E, and Councilmember Maust removed Consent Calendar Item 10F for separate action. Motion by Garcia to approve the remainder of the Consent Calendar, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of February 14, 2022 B. 2ND READING OF ORDINANCE 1958 AMENDING UPLAND MUNICIPAL CODE SECTION 2.02.100(D) REGARDING BY -DISTRICT ELECTIONS, ADJUSTING
THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND
UPLAND CITY COUNCIL AND
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CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS
REFLECTED IN THE ATTACHED MAP
Held second reading by number and title only, waived further reading, and adopted Ordinance No. 1958 amending Upland Municipal Code Section
2.02.100(D) regarding By -District Elections, adjusting the boundaries of City Council Election Districts, and confirming such revised Council District Boundaries, as reflected in the attached map.
C. TREASURER'S REPORT JANUARY 2022
Received and filed the January 2022 Treasurer's Report.
G. EVIDENCE ROOM VENTILATION PURCHASE - ARPA FUNDS
Authorized the use of American Rescue Plan Act, 2021 (ARPA) funding in the amount of $25,000 to purchase ventilation equipment for the evidence room; and authorized the Police Chief to execute all documents related thereto.
ITEMS REMOVED FOR SEPARATE ACTION
D. ANNUAL WEED ABATEMENT PROGRAM
Development Services Director Dalquest introduced Contract Weed Abatement Coordinator Julie Hernandez. Coordinator Hernandez provided an overview and timeline of the program, and information on the types of notifications that would be sent to residents.
Motion by Councilmember Elliott to adopt Resolution No. 6637 declaring weeds, grasses and vegetation that are unmaintained, dead, or dying and combustible debris on public rights -of -way and on private properties within the City to be a public nuisance and provide for the abatement thereof; authorized the mailing of notices to all persons where such nuisances exist; and set a public hearing date for June 13, 2022, seconded by Councilmember Garcia, and carried with Councilmember Zuniga absent.
E. AWARD OF BID FOR PROJECT NO. 16150, ARPA ALLEY REHABILITATION PHASE 1
Public Works Director Yu provided information on the scope of project, the contingency amount, and the selection of alleys proposed for improvement in Phase 1 of the rehabilitation project.
Motion by Councilmember Garcia to approve the specifications for Project No. 16150; award the construction contract to ONYX Paving Company, Inc. in the amount of $448,000; and authorize a construction contingency in the amount of $67,000, for a total amount of $515,000, seconded by Councilmember Maust, and carried with Councilmember Zuniga absent.
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F. CONSIDERATION OF A RESOLUTION ADOPTING A NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATION PURSUANT TO SB 619
Public Works Director Yu answered questions posed by the Council regarding the notification of the intent to comply with SB 1383.
Motion by Councilmember Maust to adopt Resolution No. 6638 adopting a notification of intent to comply with SB 1383 regulations and seeking additional time to achieve compliance pursuant to Senate Bill 619, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
11. PUBLIC HEARINGS None
12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
A. APPROVAL OF THE ISSUANCE OF WATER REVENUE BONDS AND RELATED
DOCUMENTS BY THE CITY COUNCIL AND THE CITY OF UPLAND FINANCING
AUTHORITY
Assistant City Manager Parker and City Treasurer Bradley presented the staff report, which is on file in the City Clerk's Office. Bond Consultant Julio Morales provided information to the Council regarding the premium coupon structure of the bonds.
Assistant City Manager Parker requested that changes be made to Section 5 of both Resolutions. The last line of the Section would read "shall not exceed 1% of the principal bonds sold" and adding a paragraph that would give the City Manager the option to go with private placement bonds.
Council thanked the bond team for their work and for keeping the Council and the public well informed throughout the process.
Motion by Councilmember Garcia to adopt Resolution No. 6639 approving an installment purchase agreement, indenture of trust, a continuing disclosure agreement, and a bond purchase agreement with respect to the issuance by the City of Upland Financing Authority of bonds in an aggregate principal amount not to exceed $16,000,000, approving a preliminary official statement and authorizing preparation of a final official statement and other matters pertaining to thereto, including the modifications recommended by staff, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
Motion by Authority Member Garcia to adopt Resolution No. 2022-2 approving an installment purchase agreement, indenture of trust, a continuing disclosure agreement, and a bond purchase agreement with respect to the issuance of bonds in an aggregate principal amount not to exceed $16,000,000, appointing a trustee, approving a preliminary official statement and authorizing preparation of a final official statement and other matters pertaining to thereto, , including the modifications recommended by staff,
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seconded by Authority Member Elliott, and carried with Authority Member Zuniga absent.
14. COUNCIL COMMUNICATIONS
Councilmembers commented on recent events and activities throughout the community and expressed their condolences to the Thomas family.
Councilmember Elliott seconded Councilmember Garcia's request to have an item added to a future agenda for discussion of Planning Commissioners being appointed by district and a review of the interview process. The Council voted unanimously to add this item to a future agenda.
Mayor Velto seconded Councilmember Maust's request to have an item added to a future agenda for consideration of a moratorium on massage parlors, smoke shops, hydroponic shops, and other types of service businesses in that category. The Council voted unanimously to add this item to a future agenda.
15. CITY MANAGER COMMENTS
City Manager Blay provided an update on the local emergency due to the recent windstorm.
16. ADJOURNMENT
At 8:09 p.m., Mayor/Chairman Velto adjourned in memory of former City Council Member Tom Thomas. The next regularly scheduled City Council meeting is Monday, March, 14, 2022.
SUBMITTED BY
Keri Johnson, City Cie k
APPROVED March 14, 2022