MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
AUGUST 8, 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 None
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION None
S. INVOCATION Very Reverend Keith Yamamoto, Rector, St. Mark's Episcopal Church
6. PLEDGE OF ALLEGIANCE Susan Coniglio
7. PRESENTATIONS
A Life Saving Award was presented by San Bernardino County Assistant Fire Chief Birchfield to Fire Explorer Jake Hanson.
A Proclamation was presented to Police Lieutenant Don Dodt upon his retirement from the City with 30 years of service.
The Council recognized the retirement of Development Services Manager Liz Chavez after 20 years of service with the City.
Police Chief Blanco presented awards to Upland Police Officers Mayor Velto stated that Public Hearing Item 11A would be moved to this point in the meeting, due to the number of speakers waiting to comment on the public hearing. 11A. ANNUAL WEED ABATEMENT PROGRAM - ACCEPTANCE OF YEAR END REPORT
AND ASSESSMENTS
Development Services Director Dalquest introduced Weed Abatement Coordinator Hernandez, 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.
Shayne Gillispie, Upland stated he was contesting the fine because it does not make sense and he was not sure why he was being fined.
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Doug Mullane, Upland, stated he is an avid gardener and was contesting his fine and felt it was excessive. He further stated that he only received the first notice and when he called to get feedback, he was told to continue to make progress on the property and he would not be fined.
Michael and Sandra Gialluly, Upland, stated they moved to Upland in December of 2021 and this is their first spring and summer here. They stated notifications were sent out to the previous property owner and the only notification they received was the document placed on the front door. He further stated that he resolved the issue the same day he received the notice on his door and he emailed the Weed Abatement Coordinator, but nobody returned his emails.
Ann Wu, San Gabriel, stated that the administrative fees and charges were not warranted on the property. She further stated that since the first notice was received her tenants have monitored the property to ensure weeds are not growing between the wall and the alley. She believed a mistake was made regarding the property and requested the fees not be assessed.
David Fee, Upland, representative of the owners of the SureStay on Foothill Boulevard, stated that the weeds were cleared on the property and they had placed weed block and mulch to prevent further issues.
Adam Poon, Upland, stated there was a lot of confusion going on due to poor communication and the issue needs to be corrected.
Don Ho, Upland, objected to the administrative fee on his property and stated that when he received the notice from the City, he immediately corrected the issues.
Glenda Tharp, Upland, stated she received a preliminary notice in the mail, but nobody had come to the house. She further stated that the weeds were taken care of, but she received a second notice when the yard only had one visible weed.
Mike Dababneh, Upland, stated he shared the confusion of the other speakers and had no idea why he was given notice for abatement. He called the number on the letter and never received a call back.
Theresa Litwinski, Upland, stated there is a lack of communication during the process and after she received the first letter, she made sure there were no weeds on the property, but she received a second letter. She left a message asking what the issue was, but never received any communication back. She further stated she was opposed to the $703 fine on the property because she had taken care of the weeds herself.
Paul Furness, Upland, stated he was not sure when the property was deemed unacceptable, but he has had a gardener for over three months. He provided photos of his front yard and saw no issues with his yard.
Barbara Leavitt, Upland, stated she was not sure why she received the letter as there were very little to no weeds in her yard and she has a gardener.
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Edward Bobich, Upland, professor of biology at Cal Poly Pomona and a plant ecologist with 8 years of landscape experience, stated he received a notice that they had violated the weed abatement program. He spoke to the Weed Abatement Coordinator and she stated it was not weeds, it was access to the house by the fire department. He further stated he was confused about the abatement, but trimmed shrubs. Then on July 21st he received a second notice.
Kevin Maloncon, Upland, stated that vacant lots down the street from his home blow weeds into his yard. He tried salt and vinegar to kill weeds and it did not work. He stated the City needs to reevaluate the program.
Darrell Medina, Upland, stated there is no communication from the City regarding what needs to be fixed. He further stated that he cannot get anything to grow in his parkway except succulents and a couple of palm trees.
Cesar Galvez, Upland, stated he was representing his father in law who recently passed away and the family has been in turmoil and dealing with issues. He further stated his mother in law is 74 and disabled, and they recently moved in to assist her; and the table in the photos belonged to the neighbor and was not something his mother in law could move on her own.
James Bean, Upland, stated he received first notice in May, took care of the problem, and thought it was resolved, but he received a posting on the front door. He attempted to reach the Weed Abatement Coordinator via phone and email, but received no response.
Lisa Mayoral, Upland, stated she was representing her mother, Mary Lou Farrin, who never received a notice on the door and they are not sure why they were charged abatement fees. She further stated they are in the process of renovating the property and requested the assessment be waived.
Randy Griffin and Cynthia Zubiate, Upland, stated they never received a notice on their door, they only received a letter addressed to their father in law. They further stated that they always maintain the property and requested the City work on communication to keep residents informed of the process.
James Donaldson, Upland, stated he was relieved to know he is not alone in confusion over the process. He received a notice that his property was in violation of codes, but it did not include verbiage of what needed to be done to be compliant. He tried to fix the problems and do his best to comply with the notice, but received a second notice four months later and an assessment.
Wanming Wang, Upland, stated she received a notice and took care of the issue immediately. She then contacted the Weed Abatement Coordinator, but received no feedback. She requested the fee be removed from her property.
There being no other speakers, Mayor Velto closed the public hearing.
There was discussion regarding the weed abatement process, notifications to residents, the costs involved in the abatement of properties, and the differences between the code enforcement process and the weed abatement procedures.
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At 9:17 p.m. Mayor Velto called a recess and the City Council reconvened in open session at 9:28 p.m.
Motion by Mayor Velto to waive the $72 administrative fee for the 10 property owners who spoke during the public hearing and did not receive any additional administrative fees, seconded by Councilmember Zuniga.
There was further discussion regarding the administrative fees and the abatement charges.
Mayor Velto amended his motion to remove all administrative fees for the members of the public who spoke at the public hearing and did not have any abatement fees associated with their property, seconded by Councilmember Zuniga, and carried unanimously.
8. CITY ATTORNEY
City Attorney Deitsch stated he had nothing to report.
9. ORAL COMMUNICATIONS
Ralph Cavallo, Upland, spoke in favor of a sales tax measure. Stating that Upland is a bedroom community with limited sources of revenue.
Lisa Nicely, Upland, spoke about past City Council and city management and stated that there have been positive changes with more transparency in city management and thanked the Council for considering giving the residents an opportunity to vote on the sales tax measure.
Todd D'Braunstein, Upland, stated his first concern about a potential sales tax measure was how it would impact his family and how they go about living life in Upland and he realized it will not change his shopping habits. He further stated the money will come from all who visit and shop in the city and then will go directly to improvements in Upland.
Ray Musser, Upland, spoke about past actions of the City Council to reduce expenditures and stated the City needed additional revenues. He encouraged the Council to adopt the Resolutions calling for the sales tax measure to be placed on the November ballot.
10. CONSENT CALENDAR
City Clerk Johnson announced Item 10E had updated attachments to the Capital Project Needs Analysis Resolution reflecting corrected percentages for public and development shares.
Councilmember Garcia removed Consent Calendar Item 10D for separate action.
Motion by Councilmember Zuniga 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 July 25, 2022.
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B. PLANNING COMMISSION APPOINTMENT POLICY
Adopted Resolution No. 6681 amending the policies and procedures relative to the establishment and operation of commission, committees, boards, and authorities appointed to advise the City Council.
C. APPROVE THE REVISIONS FOR THE JOB SPECIFICATIONS FOR THE ANIMAL
SERVICES SUPERVISOR
Approved the revisions to the job specifications of the Animal Services Supervisor position.
E. MEASURE I CAPITAL IMPROVEMENT PLAN AND CAPITAL PROJECT NEEDS
ANALYSIS
Adopted Resolution No. 6682 approving the Measure I Five -Year Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027, and adopted Resolution No. 6683 approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2023/2024 through 2027/2028.
F. ACCEPTANCE OF PUBLIC AND PRIVATE IMPROVEMENTS FOR TRACT 20117,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF CAMPUS AVENUE AND
COLONIES PARKWAY
Accepted the public improvements constructed by Watt Companies, generally located on the northeast corner of Campus Avenue and Colonies Parkway; and approved the reduction of the Subdivision Performance Bond and Labor and Materials Bond.
ITEMS REMOVED FOR SEPARATE ACTION
D. CONSIDER APPROVAL OF VENDOR PURCHASE ORDERS FOR FISCAL YEAR 2022-23
Public Works Director Yu clarified the reasons for using blanket purchase orders.
Motion by Councilmember Garcia to authorize blanket Fiscal Year 2022/23 Purchase Orders for Lowe's, Matt-Chlor, Inc. and Jones Chemical Inc., seconded by Councilmember Elliott, and carried unanimously.
11. PUBLIC HEARINGS
B. PUBLIC HEARING TO CONSIDER DELINQUENT WATER, SEWER, AND REFUSE
SERVICE CHARGES TO BE COLLECTED ON THE TAX ROLL
Assistant City Manager Parker presented the staff report, which is on file in the City Clerk's office and provided an updated list of delinquent charges.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Motion by Councilmember Maust to accept the report of delinquent, sewer, water, and refuse service charges; and authorized the delinquent charges to
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be placed on the tax roll, seconded by Councilmember Garcia, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS
A. FINANCE COMMITTEE MEETING, JULY 27, 2022
Councilmember Elliott provided a recap of the meeting. This was for information only and no action was required.
13. BUSINESS ITEMS
A. CONSIDER PLACING A SALES TAX MEASURE ON THE NOVEMBER BALLOT City Manager Blay presented the staff report, which is on file in the City Clerk's Office.
There was discussion on oversight of potential sales tax revenue, products and goods that do not have sales tax, and the need for additional revenue sources.
City Manager Blay stated that staff was requesting to hold a Special City Council Workshop on August 22, 2022 so Council can make recommendations on oversight of the potential sales tax revenue.
Motion by Councilmember Maust to take the following actions:
Adopt Resolution No. 6684 calling for the placement of a General Tax Measure - known as the Upland Public Safety and City Services Measure - on the ballot for November 8, 2022 General Municipal Election for the submission to the qualified voters of Ordinance No. 1966 to enact a general transactions and use tax (sales tax) at the rate of one cent (1Q); and
Adopt Resolution No. 6685 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on that date pursuant to §10403 of the Elections Code; and
Adopt Resolution No. 6686 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 8, 2022 General Municipal Election.
The motion was seconded by Councilmember Elliott, and carried unanimously.
B. ESTABLISH A CITY COUNCIL AD HOC COMMITTEE AND APPOINT MEMBERS City Clerk Johnson presented the staff report, which is on file in the City Clerk's Office.
Motion by Councilmember Zuniga to establish an ad hoc committee and appoint Mayor Velto and Mayor Pro Tern Maust to serve as the Planning Commission interview panel, seconded by Councilmember Elliott, and carried unanimously.
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C. PROFESSIONAL SERVICES AGREEMENT TO PREPARE THE SIDEWALK MASTER PLAN
Public Works Director Yu presented the staff report which is on file in the City Clerk's Office.
There was discussion regarding the additional allocation of funding for the agreement and the increased scope of work.
Motion by Mayor Velto to award a professional services agreement with Infrastructure Management Services, LP (IMS) for the data collection, analysis, and preparation of the Sidewalk Master Plan in the amount of $440,550; approve an additional allocation of ARPA funding in the amount of $260,550 for a total allocation of $440,550; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority, seconded by Councilmember Maust, and carried unanimously.
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community.
15. CITY MANAGER
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 10:36 p.m. The next regularly scheduled City Council meeting is Monday, September 12, 2022.
SUBMITTED BY
Keri John , City Cler:
APPROVED September 12, 2022