MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
MARCH 14, 2022
OPENING The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:00 p.m. in the Council Chamber of the Upland City Hall.
1. ROLL CALL
Present: Mayor Bill Velto, Council Members Janice Elliott, Carlos A. Garcia, Shannan Maust, and Rudy Zuniga
Staff: City Manager Michael Blay, City Attorney Stephen P. Deitsch, and City Clerk Keri Johnson
2. ADDITIONS/DELETIONS TO AGENDA None
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION
At 6:00 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
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496
The City Council reconvened in open session at 7:04 p.m.
S. INVOCATION Rehana Mowjood, Middle Ground Muslim Center
6. PLEDGE OF ALLEGIANCE Terri Galdo
7. PRESENTATIONS
A Certificate of Recognition was presented to Eagle Scout Gavin Revelli, Troop 403 S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report on the Closed Session item and there was no reportable action.
9. ORAL COMMUNICATIONS
Mark Hill, requested the Council consider a shorter term for the Lemon Festival agreement and suggested the revenue from the event should go to the downtown area merchants' association.
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Ralph Cavallo, announced the Tom Thomas scholarship fund and provided information on how the community can contribute to the fund.
Michael Pattison, announced recent activities of Upland Pride and offered assistance in clean-up activities in the City.
10. CONSENT CALENDAR
Councilmember Maust removed Consent Calendar Item 10I for separate action. Motion by Councilmember Elliott to approve the remainder of the Consent Calendar, seconded by Councilmember Garcia, and carried unanimously.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of February 28, 2022.
B. APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS
Approved the January Warrant Registers (check numbers 37868-38167) and Direct Disbursements totaling $9,512,879.58 and Payroll Registers totaling $1,327,501.11 (check numbers 162261-162274 and Electronic Fund Transfers 32474-32 962).
C. APPROVAL OF SIDE LETTER BETWEEN CITY OF UPLAND AND UPLAND CITY
EMPLOYEES ASSOCIATION FOR A ONE-TIME ADDITIONAL VACATION,
HOLIDAY, OR COMP TIME CASH -OUT FOR POLICE DISPATCHERS
Adopted the side letter agreement with Upland City Employees Association to allow a one-time additional cash -out of vacation, holiday, or comp time for Police Dispatchers.
D. APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC.
Approved Amendment No. 3 to the professional services agreement with MV Cheng & Associates Inc. for staff augmentation services utilizing American Rescue Plan Act funds; and authorized the City Manager to execute the amendment.
E. APPROVAL OF EXTENSION TO THE AGREEMENT WITH CARL WARREN AND
COMPANY FOR CLAIMS ADMINISTRATOR FOR THE CITY'S SELF INSURANCE
PROGRAM
Approved exercising the option to extend the agreement for one (1) additional year for professional services of Carl Warren and Company to provide Claims Administration for the City's Self Insurance Program; and authorized the City Manager to execute the agreement.
F. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR TRAINING IN
TARGETED VIOLENCE AND TERRORISM PREVENTION
Approved a professional services agreement with Kim Turner, LLC for the development, implementation, and presentation of the Upland Police
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MARCH 14, 2022
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Department training for Targeted Violence and Terrorism Prevention as defined within the contract; and authorized the City Manager to execute the agreement.
G. APPROVAL OF THE SAN BERNARDINO COUNTY MUNICIPAL SEPARATE STORM
SEWER SYSTEM COMMON INTEREST, JOINT DEFENSE, AND CONFIDENTIALITY
AGREEMENT AMONG PERMITTEES
Approved the San Bernardino County Municipal Separate Storm Sewer System -National Pollution Discharge Elimination System Common Interest, Joint Defense, and Confidentiality Agreement among Permittees on behalf of the City of Upland; and authorized the City Manager to execute the agreement.
H. ACCEPTANCE OF PUBLIC AND PRIVATE IMPROVEMENTS FOR TRACT 20023, GENERALLY LOCATED ON THE SOUTH SIDE OF 9TH STREET EAST OF
BODENHAMER
Accepted the public and private improvements constructed by ADC Sage TTH, generally located on the south side of 9th Street east of Bodenhamer; and approved the reduction of the Faithful Performance Bond and Labor and Materials Bond to twenty five percent (25%).
ITEMS REMOVED FOR SEPARATE ACTION
I. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR LEMON FESTIVAL
MANAGEMENT
City Manager Blay answered questions regarding the term of the agreement and the process for selecting the vendor.
Motion by Councilmember Maust to approve the agreement with Soundskilz Inc. to produce and manage the Lemon Festival and authorize the City Manager to execute the agreement, seconded by Councilmember Zuniga, and carried unanimously.
11. PUBLIC HEARINGS
A. CONSIDERATION OF AN ORDINANCE TO REGULATE SHOPPING CARTS AND
ABATE RELATED NUISANCES
Police Captain Blanco presented the staff report, which is on file in the City Clerk's Office.
There was discussion regarding the requirements placed on businesses and the implementation timeline.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Motion by Councilmember Garcia to hold first reading by title only, waive further reading, and introduce Ordinance No. 1959 repealing Upland Municipal Code Section 9.04.100 and adding Chapter 9.62 regarding shopping carts to create and implement an effective procedure to regulate shopping carts and
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MARCH 14, 2022
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abate related nuisances, seconded by Councilmember Elliott, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
A. CONSIDERATION OF CHANGES TO THE PLANNING COMMISSIONER
APPOINTMENT PROCESS
City Clerk Johnson presented the staff report, which is on file in the City Clerk's Office.
There was discussion regarding the desire for representation from all districts on the Commission, the interview process, and the interview panel.
Councilmember Maust stated that as Mayor Pro Tern she was willing to designate Councilmember Garcia to take her place on the interview panel since District 3 currently does not have representation on the Planning Commission.
Motion by Mayor Velto to designate Councilmember Garcia to take the place of Councilmember Maust on the interview panel, seconded by Councilmember Elliot, and carried unanimously.
B. ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SYCAMORE HILLS), IMPROVEMENT AREA NO. 2
Assistant City Manager Parker introduced Municipal Advisor Doug Anderson who presented the staff report, which is on file in the City Clerk's Office.
Assistant City Manager Parker answered questions posed by the Council regarding administrative fees for processing the special tax and the collection of the tax.
Motion by Mayor Velto to adopt Resolution No. 6604 to authorize the issuance of the District's Special Tax Bonds, Series 2022 (Improvement Area No. 2), and approve certain documents and take certain other actions in connection therewith, seconded by Councilmember Maust, and carried unanimously.
C. MID -YEAR BUDGET REVIEW FY 2021/22
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's Office.
Assistant City Manager Parker answered questions posed by the Council regarding the purchase of new computer equipment, business license revenues, and the Economic Uncertainty Fund Balance.
Motion by Mayor Velto to receive and file the Mid -Year Budget Review for Fiscal Year 2021/22; approve the Mid -Year Budget Review's Proposed Adjustments; and approve the updated Schedule of Positions, seconded by Councilmember Zuniga, and carried unanimously.
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14. COUNCIL COMMUNICATIONS
Councilmembers commented on recent events and activities throughout the community.
IS. CITY MANAGER
City Manager Blay announced the dates for the 2022 Lemon Festival,
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:39 p.m. The next regularly scheduled City Council meeting is Monday, March 28, 2022.
1 SUBMITTED BY
Keri Johnson, City try
APPROVED March 28, 2022