MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
JUNE 13, 2022
OPENING The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 7:00 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
City Clerk Johnson announced that staff removed Consent Calendar Item 100 from the agenda. The item would be brought back for consideration at a later date.
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION None
5. INVOCATION Dr. Greg Brown, Pastor/Missionary
6. PLEDGE OF ALLEGIANCE Officer Courduff
7. PRESENTATIONS
Certificates of Recognition were presented to Upland High School CIF Division 2 State Champion Boys' Volleyball Team.
Certificates of Recognition were presented to Police Department Employees S. CITY ATTORNEY
City Attorney Deitsch stated he had nothing to report.
9. ORAL COMMUNICATIONS
Shari Wasson, Upland, was concerned about environmental impacts of development in the City and requested that the Council ensure that all commissioners respect and value CEQA.
Lisa Nicely, Upland questioned the reappointment of Commissioner Aspinall based on prior votes while serving on the Commission and requested the Council reconsider her reappointment.
Natasha Walton, Upland, requested the Council ensure that enough funds are allocated for Sycamore Hills Park Master Plan to comply with CEQA requirements.
Jenn Corbett, Alta Loma, Founder and Executive Director of the non-profit organization Warrior for Children introduced herself and provided information on the services that they offer.
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10. CONSENT CALENDAR
City Clerk Johnson stated there was a correction to the amendment attached to Item 10F, the term of the temporary agreement would actually end in October 2022.
Councilmember Zuniga announced that he would be recusing himself from voting on the Odd Fellows Commercial Rehabilitation Project Grant under Item 10L, but would be voting on all other items on the Consent Calendar.
Councilmember Elliott removed Consent Calendar Item SOD for separate action. Motion by Councilmember Garcia, to approve the remainder of the Consent Calendar, seconded by Councilmember Maust, and carried unanimously.
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Approved the Regular Meeting Minutes of May 23, 2022.
B. 2ND READING OF ORDINANCE 1962 AMENDING, ADDING, REPEALING, AND
REPLACING VARIOUS SECTIONS OF THE UPLAND MUNICIPAL CODE Held second reading by number and title only, waived further reading, and adopted Ordinance No. 1962 amending, adding, repealing, and replacing various sections of the Upland Municipal Code as specified.
C. 2ND READING OF ORDINANCE 1963 AMENDING THE UPLAND MUNICIPAL
CODE REGARDING SIDEWALK VENDING
Held second reading by number and title only, waived further reading, and adopted 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.
E. REAPPOINTMENTS TO THE LIBRARY BOARD
Ratified the reappointments of Ralph Cavallo and Lynn Olson to the Library Board, terms effective July 1, 2022 to June 30, 2025.
F. APPROVE A TEMPORARY TERM AMENDMENT TO AN AGREEMENT WITH HDL
COMPANIES FOR BUSINESS LICENSE OPERATIONS MANAGEMENT
Approved a temporary term amendment to extend the original agreement with HdL Companies to provide the City with business license operations consulting services for an additional three months; and authorized the City Manager to execute the amendment.
G. APPROVE AN AMENDMENT TO AN AGREEMENT WITH LEW EDWARDS GROUP
FOR COMMUNICATIONS SERVICES
Approved Amendment No. 1 to extend the original agreement with Lew Edwards Group to provide the City with communications services through October 31, 2022, and authorized the City Manager to execute the amendment.
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H. FISCAL YEAR 2021-22 BUDGET ADJUSTMENT
Amended the adopted operating budget for Fiscal Year 2021-2022 to correctly record the budget for previously -approved Council actions.
I. APPROVAL OF MAY WARRANT AND PAYROLL REGISTERS
Approved the May Warrant Registers (check numbers 38985-39241) and Direct Disbursements totaling $12,668,613.32 and Payroll Registers totaling $1,366,125.08 (check numbers 162316-162335 and Electronic Fund Transfers 33938-34423).
CONSIDER APPROVAL OF A CONTRACT FOR THE PROCUREMENT OF GLASS
DOORS/WINDOWS AT MAGNOLIA RECREATION CENTER
Approved a contract for the procurement and replacement of glass doors and windows at the Magnolia Recreation Center in the amount of $56,317.53 (cost plus 10% contingency); and authorized the City Manager to execute the contract.
2017 JUSTICE ASSISTANCE GRANT (JAG)
Accepted the City's share of the 2017 Justice Assistance Grant award in the amount of $13,719 from the Department of Justice, Bureau of Justice Assistance; approved the expenditure plan; and authorized the City Manager to execute an agreement with San Bernardino County.
L. ACCEPTANCE OF GRANT REVIEW COMMITTEE RECOMMENDATIONS RELATIVE
TO ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
COMMERCIAL REHABILITATION PROGRAM
Accepted the Grant Review Committee's recommendation relative to eligibility and funding for the following Commercial Rehabilitation Program participants:
Independent Order of Odd Fellows located at 233 N. Second Avenue, Omo Mercado located at 259-B E. Arrow Highway and Mitchell's Building located at 376 N. Second Avenue and Pro -Five Brewing Co. located at 105 E. A Street.
M. CONSIDER APPROVAL OF A FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ANNEALTA GROUP, INC.
Approved the Fourth Amendment to the agreement for consultant services to extend the contract one year with Annealta Group, Inc. and authorized the City Manager to execute the Fourth Amendment.
N. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC.
Approved the Professional Services Agreement with Interwest Consulting Group, Inc. and authorized the City Manager to execute the Agreement.
O. REVIEW OF DRAFT RESTATED SOLID WASTE AGREEMENT
This item was removed from the agenda.
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ITEMS REMOVED FOR SEPARATE ACTION
D. REAPPOINTMENT AND APPOINTMENT TO THE PLANNING COMMISSION There was discussion regarding the interview process for Planning Commissioners and prior decisions of the Commission.
Motion by Councilmember Maust to ratify the Mayor's reappointment of Robin Aspinall and appointment of Brian Staton to the Planning Commission, terms effective July 1, 2022 through June 30, 2026, seconded by Councilmember Zuniga, and carried unanimously.
11. PUBLIC HEARINGS
A. ANNUAL WEED ABATEMENT PROGRAM
Development Services Manager Chavez introduced Weed Abatement Coordinators Julie Hernandez and Jennifer Berg, who presented the staff report which is on file in the City Clerk's office.
Mayor Velto opened the public hearing.
Martin Hatchett, Upland, stated that he has never had an issue with his property before and he had been sick and unable to attend to his yard right away. He requested that the council remove his assessment.
Motion by Mayor Velto to temporarily remove the assessment from the list pending confirmation of the status of the cleanup, seconded by Councilmember Elliott, and passed unanimously.
Justin Cadzow, Upland, requested that the Council remove his assessment. He stated that he works six days a week and cannot afford a landscaper. He further stated that he has allowed his yard to die out so he can plant drought tolerant landscape.
Motion by Councilmember Garcia to temporarily remove the assessment from the list pending inspection of the property by weed abatement coordinators to assess of the status of the cleanup, with Councilmember Garcia and the homeowner present, seconded by Councilmember Zuniga, and passed unanimously.
Johan Young, Upland, stated he did not receive notification of the weed abatement program because his utility bill is on autopay. He further stated he and wife were sick for two weeks and by the time they received the weed abatement notice the yard had been cleared.
Development Services Manager Chavez confirmed that Mr. Young's case had been closed and no further action would be taken regarding his property.
Motion by Councilmember Elliott to waive the $72 fee from Mr. Young's property, seconded by Councilmember Zuniga, and carried unanimously.
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Matthew Holden and Jamie Embrez, Upland, questioned what constituted a nuisance and stated there was a lack of clarity regarding the violations on their property.
Motion by Councilmember Garcia to waive the $72 fee from the Holden/Embrez property, seconded by Councilmember Zuniga, and carried unanimously.
Gary Johnson, Upland, stated that there was no prior warning before a $72 assessment and the alley behind his property has been cleaned up.
Development Services Manager Chavez confirmed that Mr. Johnson's case had been resolved and the assessment had been removed.
Mike Pattison, showed photos of city properties with weeds and stated the process is not working. He suggested the City evaluate the contractors they use and the quality of the services they provide.
There being no other speakers, Mayor Velto closed the public hearing.
There was further discussion regarding the weed abatement process, better education to the community regarding what is considered a nuisance, and the most effective ways to notify residents about the program before assessments are made on the properties.
B. PURCHASE AND SALE AGREEMENT TO SELL A 650 SQUARE FOOT PORTION OF A CITY -OWNED LOT WITH ASSESSOR'S PARCEL NUMBER 1046-592-24 Development Services Director Dalquest and Economic Development Coordinator Picazo 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 Zuniga to adopt Resolution No. 6661 approving a Purchase and Sale Agreement to sell a 650 square foot portion of a parcel with APN: 1046-592-24 (deemed "exempt surplus land") to the owner of contiguous land at 101 N. 2nd Avenue in Upland, with APN 1046-592-23, seconded by Councilmember Garcia, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS
A. ECONOMIC DEVELOPMENT COMMITTEE MEETING, JUNE 6, 2022 Councilmember Zuniga provided a recap of the meeting. This was for information only and no action was required.
13. BUSINESS ITEMS
A. CONSIDER ADOPTING RESOLUTIONS APPROVING LABOR AGREEMENTS WITH
VARIOUS EMPLOYEE ASSOCIATIONS, A RESOLUTION ADOPTING A
COMPENSATION AND BENEFIT PLAN FOR NON -REPRESENTED EMPLOYEES,
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AND RESOLUTIONS AMENDING THE COMPENSATION AND BENEFIT PLAN FOR
EXECUTIVE AND PART TIME EMPLOYEES
Assistant City Manager Parker and Human Resources/Risk Manager Terry Doyle presented the staff report, which is on file in the City Clerk's Office.
At 9:22 p.m., Councilmember Garcia left the dais and returned at 9:23 p.m.
Motion by Councilmember Elliott to take the following actions:
Adopt Resolution No. 6662 approving a memorandum of understanding with the Upland Police Officers Association; and
Adopt Resolution No. 6663 approving a memorandum of understanding with the Upland Police Management Association; and
Adopt Resolution No. 6664 approving a memorandum of understanding with the Upland Mid -Management Employees Association; and
Adopt Resolution No. 6665 approving a memorandum of understanding with the Upland City Employees Association; and
Adopt Resolution No. 6666 establishing the Compensation and Benefit Plan for Non-Represented/Confidential Employees; and
Adopt Resolution No. 6667 amending the Compensation and Benefit Plan for Executive Employees.
Councilmember Elliott's motion was seconded by Councilmember Garcia, and carried unanimously.
Motion by Councilmember Garcia to adopt Resolution No. 6668 amending the salary schedule for part-time employees, seconded by Councilmember Elliott, and carried unanimously.
B. PROPOSED ANNUAL BUDGET FOR FISCAL YEAR 2022-2023 AND RELATED ITEMS
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's Office.
Motion by Councilmember Garcia to take the following actions:
Approve Resolution No. 6669 adopting the Fiscal Year 2022-2023 Annual Budget; and
Approve Resolution No. 6670 approving the appropriations limit for the City of Upland; and
Approve amending the City's Classification Plan to include job descriptions for Accountant, Budget Coordinator, Executive Assistant I, Park Ranger, and Recreation Coordinator.
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The motion was seconded by Councilmember Zuniga, and carried unanimously.
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 provided an update on construction closures for the I-10 freeway improvements and water restrictions due to drought conditions.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 9:44 p.m. The next regularly scheduled City Council meeting is Monday, June 27, 2022.
SUBMITTED BY
Keri Johns , 06-Glc
APPROVED June 27, 2022