MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
May 23, 2022
OPENING The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:03 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 6:04 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: Vera Heilman
Agency: City of Upland
B. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: City Manager
The City Council reconvened in open session at 7:01 p.m.
S. INVOCATION Rev. Jan Chase, Unity Church of Pomona
6. PLEDGE OF ALLEGIANCE Mayor Pro Tern Maust
7. PRESENTATIONS
Supervisor Curt Hagman presented the City with a check for $357,288.
A presentation was given by Inland Empire Utilities Agency (IEUA) General Manager Shivaji Deshmukh on the current drought conditions.
An information presentation was given on Earth Day 2022 Activities in Upland.
Police Chief Darren Goodman was recognized for his service to the community.
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S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Avi Razavi, Upland, stated that she was interested in serving on the San Antonio Water Company Board of Directors and provided information on her background and qualifications.
Judy Johnson, Upland, stated that she has seen a lot of changes over her 30 years as a resident including the loss of open space. She further requested that the open space and fountain in San Antonio Park be preserved.
Sheridan Zeits, Upland, requested that the open space at San Antonio Park be used as a greenbelt space with native landscaping.
Christina Schulz, Upland, requested the City follow the General Plan Policy for open space and save the mature trees and open space in San Antonio Park.
Mike Pattison, Upland, provided an update on Upland Pride activities including shopping cart retrieval, bike path cleanup, trash pickup, and blight removal.
10. CONSENT CALENDAR
Motion by Councilmember Zuniga to approve the Consent Calendar, seconded by Councilmember Garcia, and carried unanimously.
A. APPROVAL OF MINUTES
Approved the Special Workshop Minutes of May 9, 2022 and the Regular Meeting Minutes of May 9, 2022.
B. GENERAL MUNICIPAL ELECTION - NOVEMBER 8, 2022
Adopted Resolution No. 6653 calling and giving notice of holding a regular municipal election on Tuesday, November 8, 2022, for the election of certain officers and requesting the Board of Supervisors of the County of San Bernardino to consolidate the regular municipal election with the statewide general election to be held pursuant to Elections Code Section 10403 relating to general law cities; and adopted Resolution No. 6654 establishing regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.
C. RESIGNATION FROM COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE MEMBER
Accepted the resignation of Robin Aspinall from the Community Development Block Grant Committee (CDBG) and instructed the City Clerk to post the vacancy pursuant to Government Code Section 54974.
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D. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE
Directed the City Clerk, in coordination with the Human Resources/Risk Manager and, if necessary, the City Attorney, to review the City's Conflict of Interest Code to determine if changes to the Code are needed. The results of this analysis are to be reported to Council prior to October 2022.
E. ANNUAL DESTRUCTION OF RECORDS
Adopted Resolution No. 6655 authorizing and directing the City Clerk to destroy certain City records pursuant to the Government Code of the State of California
APPROVAL OF APRIL WARRANT AND PAYROLL REGISTERS
Approved the April Warrant Registers (check numbers 38623-38984) and Direct Disbursements totaling $27,391,969.51 and Payroll Registers totaling $1,372,928.49 (check numbers 162294-162315 and Electronic Fund Transfers 33451-33937).
G. APPROVAL OF SIDE LETTER BETWEEN CITY OF UPLAND AND UPLAND MID -
MANAGEMENT EMPLOYEES ASSOCIATION FOR CREATION OF NON-
REPRESENTED/CONFIDENTIAL UNIT
Adopted the side letter agreement with Upland Mid -Management Employees Association to allow for the creation of a Non-Represented/Confidential unit of employees.
H. APPROVE THE REVISIONS OF THE JOB SPECIFICATIONS FOR SENIOR UTILITY
SYSTEMS WORKER - SEWER
Approved the revisions of the job specifications for the position of Senior Utility Systems Worker - Sewer.
I. ANNUAL ADOPTION OF INVESTMENT POLICY
Adopted Resolution No. 6656 approving and adopting the Annual Statement of Investment Policy for Fiscal Year 2022-2023.
J. DISPOSAL OF SURPLUS EQUIPMENT
Declared items as surplus and authorized the Assistant City Manager to initiate disposal of the surplus equipment.
K. TREASURER'S REPORT APRIL 2022
Received and filed the April 2022 Treasurer's Report.
L. APPROVE THE PURCHASE OF TACTICAL RESPONSE TEAM RIFLE ACCESSORIES Approved the purchase of Tactical Response Team rifle accessories consisting of 16 suppressors.
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M. RESOLUTION OF INTENT TO SELL A 650 SQUARE FOOT PORTION OF A PARCEL WITH ASSESSOR'S PARCEL NUMBER 1046-592-24
Adopted Resolution No. 6657 finding that the public interest and convenience require the sale of certain real property (650 square foot portion of a parcel with Assessor's Parcel Number: 1046-592-24), declaring its intent to sell such property, setting a hearing date for consideration of protests, and finding the same categorically exempt from California Environmental Quality Act Review.
11. PUBLIC HEARINGS
A. APPROVAL OF RESOLUTION ADOPTING THE MASTER FEE SCHEDULE AND
AMENDING CITYWIDE FEES FOR SERVICES
Assistant City Manager Parker introduced Consultant Tony Thrasher with Willdan, who presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Motion by Councilmember Elliott to approve Resolution No. 6658 adopting the Master Fee Schedule and amending citywide fees for the cost of services, seconded by Councilmember Maust, and carried unanimously.
Motion by Councilmember Garcia to direct the City Manager to return to Council within the next five years with a comprehensive Cost Allocation Plan and User Fee Study update, and in the interim years, authorize the City Manager to adjust Citywide user fees based on the January year-to-year increases in the local area Consumer Price Index, seconded by Councilmember Zuniga, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
A. CONSIDERATION OF AN OMNIBUS ORDINANCE AMENDING, ADDING,
REPEALING, AND REPLACING VARIOUS SECTIONS OF THE UPLAND MUNICIPAL CODE
City Clerk Johnson presented the staff report, which is on file in the City Clerk's Office.
Motion by Councilmember Garcia to hold first reading by title only, waive further reading, and introduce Ordinance No. 1962 amending, adding, repealing, and replacing various sections of the Upland Municipal Code as specified, seconded by Councilmember Maust, and carried unanimously.
B. CONSIDERATION OF AN ORDINANCE AMENDING THE UPLAND MUNICIPAL
CODE REGARDING SIDEWALK VENDING
Acting Police Chief Blanco presented the staff report, which is on file in the City Clerk's Office.
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There was discussion regarding the proper permit requirements for vendors and the enforcement of the Ordinance.
Motion by Councilmember Elliott to hold first reading by title only, waive further reading, and introduce Ordinance No. 1963 adding Upland Municipal Code Section 5.76.110 regulating sale of food, goods, and merchandise creating a health and safety danger to help protect the City's community, seconded by Councilmember Maust, and carried unanimously.
C. DISCUSSION OF OPTIONS FOR PLACING RESTRICTIONS ON CITY COUNCIL'S
ABILITY TO MAKE CERTAIN EMPLOYEE DECISIONS DURING A LAME -DUCK PERIOD
City Attorney Deitsch presented the staff report, which is on file in the City Clerk's Office.
There was discussion regarding the options for proposed restrictions.
Motion by Councilmember Elliott to direct the City Attorney to prepare an ordinance for the Council's consideration and introduction which would require a 4/5 vote of Council to replace a City Manager or City Attorney during a lame duck period, seconded by Councilmember Garcia, and carried unanimously.
D. DECLARATION OF INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ENCLAVE AT UPLAND) AND DECLARATION
OF NECESSITY TO INCUR BOND INDEBTEDNESS
Assistant City Manager Parker introduced Municipal Advisor Doug Anderson with Urban Futures who presented the staff report, which is on file in the City Clerk's Office.
Motion by Councilmember Garcia to adopt Resolution No. 6659 declaring intention to establish proposed Community Facilities District No. 2022-1 (Enclave at Upland) of the City of Upland, seconded by Councilmember Maust, and carried unanimously.
Motion by Councilmember Maust to adopt Resolution No. 6660 declaring necessity to incur a bonded indebtedness of proposed Community Facilities District No. 2022-1, seconded by Councilmember Garcia, and carried unanimously.
E. RECOMMENDATION OF PROPOSED CANDIDATES TO FILL UNSCHEDULED
VACANCY ON THE SAN ANTONIO WATER COMPANY BOARD OF DIRECTORS Public Works Director Yu presented the staff report, which is on file in the City Clerk's Office.
There was discussion on the term of the vacant position and the applicants.
Motion by Mayor Velto to nominate Robert Bowcock as the City's recommendation to serve on the San Antonio Water Company Board of Directors, seconded by Councilmember Maust, and carried unanimously.
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14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
15. CITY MANAGER
City Manager Blay announced landscape watering restrictions.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 9:23 p.m. The next regularly scheduled City Council meeting is Monday, June 13, 2022.
SUBMITTED BY
Keri Johnson, City Cle
APPROVED June 13, 2022