MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
MARCH 28, 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
Lisa Nicely, Upland, requested that the City fight the lawsuit Vagnozzi v. City of Upland and not settle.
Greg Bradley, City Treasurer, spoke regarding past leadership in the City and requested that the City Council consider an ordinance that would limit the ability of "lame duck" Councilmembers to vote on certain matters.
4. CLOSED SESSION
At 6:07 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
B. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 650 square foot landscape planter within a public parking lot located adjacent to 101 E. Second Avenue (APN:
1046-592-24)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, Development Services Manager
Liz Chavez, and Economic Development Coordinator
Melecio Picazo
Negotiating Parties: Mark Davidson
Under Negotiation: Price and terms of payment
The City Council reconvened in open session at 7:00 p.m.
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S. INVOCATION Deacon Richard Simpson, St. Anthony's Catholic Church
6. PLEDGE OF ALLEGIANCE Bob Cable
PRESENTATIONS None
S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on closed session items and there was no reportable action taken.
9. ORAL COMMUNICATIONS
James Donaldson, Upland, requested that the City Council consider naming the new downtown urban plaza in honor of the late Dave Stephens. He further cited Dave Stephens' contributions to the community and connection to the downtown.
John Nisbet, Upland, provided a history of his family in the community, the contributions the late Tom Thomas made to the community during his lifetime, and spoke in support of naming the new downtown urban plaza after Tom Thomas.
Eric Gavin, Upland, stated that he was impressed with the contributions Tom Thomas had made to the community, but suggested that Dave Stephens had more of a connection to the downtown area and requested the Council consider naming the new downtown urban plaza after him.
Bob Cable, Upland, spoke in support of the new downtown urban plaza being named after the late Tom Thomas and cited his contributions to the community.
A number of individuals spoke in support of naming the new band stage in downtown after the late Roman "Roach" Foronda. They stated his support of the local music community for over 50 years, lifelong Upland resident, mentor to local musicians, and a lifetime of performances at events throughout Upland and the surrounding area. The following spoke:
Dan Foronda, brother to Roman Foronda
Julie Garcia, Upland
Stacie Tiedeman, daughter of Roman Foronda
Renee Pacheco, daughter of Roman Foronda
Roger Ehrnman, Upland
Rob Donofrio, Upland
Lawrence Paschall, Upland
Lisa Nicely, spoke in support of a moratorium on certain businesses and stated the city has a disproportionate number of massage parlors and smoke shops in the city.
Natasha Walton, People for Upland Parks, thanked Council for incorporating native trees into the tree palette for the proposed park plan and offered to donate up to $2,000 for additional trees in the park. She further requested the Council consider decreasing the amount of concrete in the park and consider lighting that will have less impact on wildlife.
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Reverend ]an Chase, spoke in support of the City adopting a resolution declaring itself a compassionate city and recommended that the City work with residents to follow through with embracing those values.
10. CONSENT CALENDAR
Councilmember Elliott removed Consent Calendar Item 10C, and Councilmember Garcia removed Consent Calendar Item 10K for separate action. Motion by Councilmember Maust to approve the remainder of the Consent Calendar, seconded by Councilmember Zuniga, and carried unanimously.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of March 14, 2022.
B. 2ND READING OF ORDINANCE 1959 TO REGULATE SHOPPING CARTS AND
ABATE RELATED NUISANCES
Held second reading by number and title only, waived further reading, and adopted 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 abate related nuisances.
D. CONSIDERATION OF A RESOLUTION OPPOSING THE VOTER INITIATIVE 21- 0042A1 (TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT) Adopted Resolution No. 6642 registering its opposition to a potential forthcoming ballot measure (Initiative 21-0042A1), The Taxpayer Protection and Government Accountability Act, which limits voters' authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.
E. ANNUAL CITY ETHICS REVIEW
Received and filed the report on the annual ethics review.
F. TERMINATION OF 7TH STREET FIRE LOCAL EMERGENCY
Adopted Resolution No. 6643 terminating the 7th Street Fire local emergency.
G. AMENDMENT TO THE AGREEMENT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO LAW FIRM FOR EMPLOYMENT LAW SERVICES
Approved an amendment to the original agreement with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) Law Firm for employment law services; and authorized the City Manager to execute the amendment.
H. TREASURER'S REPORT FEBRUARY 2022
Received and filed the February 2022 Treasurer's Report.
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I. CONSIDERATION OF A RESOLUTION DELEGATING AUTHORITY TO THE CITY
MANAGER TO MAKE DETERMINATIONS RELATING TO DISABILITY
RETIREMENTS FOR LOCAL SAFETY MEMBERS
Adopted Resolution No. 6644 delegating authority to the City Manager to make determinations under Section 21156 of the Government Code, relating to Disability Retirements for local safety members.
REVIEW OF THE 2021 HOUSING ELEMENT ANNUAL PROGRESS REPORT ON
IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT
Received comments from the public on the 2021 Housing Element Annual Element Progress Report and directed staff to submit it to the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
L. CONSIDER APPROVAL OF A THREE-YEAR SERVICE AGREEMENT FOR IN -
SEWER -MANHOLE ROACH EXTERMINATION SERVICES WITH GOLDEN BELL PRODUCTS, INC.
Approved a contract with Golden Bell Products, Inc. for In -Sewer -Manhole Roach Extermination Services in the amount of $330,750 for a three-year term with the City option to renew for two additional one-year terms; and authorized the City Manager to execute the contract documents including all extensions.
ITEMS REMOVED FOR SEPARATE ACTION
C. CONSIDERATION OF A RESOLUTION DECLARING UPLAND A COMPASSIONATE
COMMUNITY
The Council provided information on embracing compassion as a value and the process for recognizing individuals, groups, businesses, or organizations who actively seek to create a Compassionate Community in Upland Motion by Councilmember Garcia to adopt Resolution No. 6641 joining an international network of leading cities worldwide to embrace compassion as a value; including adopting guidelines for recognizing individuals, groups, businesses, or organizations, seconded by Councilmember Elliott, and carried unanimously.
K. CONSIDER APPROVAL OF A THIRD AMENDMENT TO THE BRIGHTVIEW
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
Public Works Director Yu answered questions posed by the Council regarding Brightview's service level and assistance with cleanup efforts after the January 2022 wind event.
Motion by Councilmember Garcia to approve the third addendum to the Brightview Landscape Maintenance Services agreement through June 30, 2022, seconded by Councilmember Zuniga, and carried unanimously.
11. PUBLIC HEARINGS None
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12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
Councilmember Maust made a motion to move item 13B to this point in the meeting, seconded by Councilmember Elliott, and carried unanimously.
B. CONSIDERATION OF THE DESIGN FOR THE NEW DOWNTOWN URBAN PLAZA ON 0.69 ACRE LOCATED BETWEEN SECOND AVENUE AND THIRD AVENUE,
ADJACENT TO THE PACIFIC ELECTRIC TRAIL, AND DISCUSSION ON THE
COMMEMORATIVE NAMING OF THE DOWNTOWN URBAN PLAZA AND THE BAND STAGE
Development Services Director Dalquest presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's Office.
Consultant Gregg Denson with Architerra Design Group presented information on the project goals, community outreach, and the background of the park design.
There was discussion regarding the donation of trees by People for Upland Parks, lighting design, public safety, and bollards along the alleyways.
Director Dalquest provided a cost breakdown for the project and proposed funding sources.
There was discussion regarding the proposed naming of the urban plaza and the band stage as well as the contributions that Tom Thomas and Roman "Roach" Foronda gave to the Upland community during their lifetimes.
Motion by Councilmember Zuniga to adopt Resolution No. 6645 approving the design for the new Downtown Urban Plaza, seconded by Councilmember Garcia, and carried unanimously.
Motion by Councilmember Maust to direct staff to bring back a Resolution approving the commemorative naming of the Urban Plaza in the name of Tom Thomas and the band stage in the name of Roman "Roach" Foronda, seconded by Councilmember Elliott, and carried unanimously.
At 8:23 p.m. Mayor Velto called a recess and the City Council reconvened in open session at 8:32 p.m.
A. DISCUSSION ON ESTABLISHING A TEMPORARY MORATORIUM, OR AMENDING
REGULATIONS, ON NEW MASSAGE PARLORS, SMOKE SHOPS, HYDROPONIC
SHOPS AND OTHER PERSONAL SERVICE BUSINESSES IN THE CITY Development Services Director Dalquest presented the staff report, which is on file in the City Clerk's Office.
There was discussion the number of smoke shops and massage parlors in the City, licensed and unlicensed businesses, options for regulating these types of businesses, and restrictions on the types of regulations that can be placed on massage establishments.
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Motion by Mayor Velto to direct staff to bring this item to the Planning Commission for further review; addressing conditional use permits and zoning regulations for massage therapy establishments and smoke shops, seconded by Councilmember Garcia, and carried unanimously.
C. CONSIDER CREATING A CITY COUNCIL AD HOC COMMITTEE
City Manager Blay presented the staff report, which is on file in the City Clerk's Office.
There was discussion on the purpose of the ad hoc committees, the difference between legislative committees and advisory committees, and the Councilmembers who would serve on the ad hoc committee.
Motion by Councilmember Zuniga to form an ad hoc committee to establish a joint use facility agreement between the City and the Upland Unified School District; and appointed Mayor Velto and Councilmember Zuniga to the ad hoc committee, seconded by Councilmember Maust, and carried unanimously.
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community.
Mayor Velto was in consensus with Councilmember Elliott's request to have staff bring back an item for discussion limiting the possibility of "lame duck" appointments at the end of a Councilmember's tenure.
Councilmember Zuniga was in consensus with Mayor Velto's request to recognize Life Bible Fellowship at a future City Council meeting.
15. CITY MANAGER
City Manager Blay announced the closure of Euclid Avenue during the I-10 freeway crossing improvements.
16. AD30URNMENT
Mayor Velto adjourned the meeting at 9:38 p.m. The next regularly scheduled City Council meeting is Monday, April 11, 2022.
SUBMITTED BY
Keri Johnsonrcijty Clefk
APPROVED April 11, 2022