MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
SEPTEMBER 12, 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, and Shannan Maust
Absent: Council Member Rudy Zuniga
Staff: City Manager Michael Blay, City Attorney Stephen P. Deitsch, and City Clerk Keri Johnson
Motion by Mayor Velto to excuse the absence of Council Member Zuniga, seconded by Council Member Garcia, and carried with Councilmember Zuniga absent.
2. ADDITIONS/DELETIONS TO AGENDA None
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION None
S. INVOCATION Mike Ingram, Christian Science Faith
6. PLEDGE OF ALLEGIANCE Lt. Maurice Duran
7. PRESENTATIONS
Recreation Supervisor Valerie Guzman -Garcia accepted a proclamation recognizing her upon her retirement from the City with 38 years of service.
The Council recognized the retirement of Animal Services Supervisor Lonna Myers after 18 years of service with the City.
San Bernardino County Fire Emergency Services Officer Klasha Ray accepted a proclamation recognizing National Preparedness Month.
Literacy Coordinator Joy Alvarez accepted a proclamation recognizing September 2022 as Adult Literacy Awareness Month.
Police Chief Blanco recognized the promotion of Sergeant Maurice Duran to Lieutenant
8. CITY ATTORNEY
City Attorney Deitsch stated he had nothing to report.
9. ORAL COMMUNICATIONS
Lois Sicking Dieter, questioned the reasons for surveillance cameras being installed at the Senior Center and Landecena Center and stated that there should not be recordings in public areas where there is an expectation of privacy.
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Robert Perhamus, Upland, stated that he appreciates seeing all the new businesses going into the downtown.
Randy Lopez, CEO of Ophelia's Jump, provided information on their upcoming performances.
Jim Thomas, Upland, thanked the Council for designating Upland as a Compassionate City and stated that he hoped the designation would gain increased significance and awareness as time goes by.
10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Items 10B and 10T for separate action. Motion by Councilmember Garcia to approve the remainder of the Consent Calendar, seconded by Councilmember Elliott and carried with Councilmember Zuniga absent.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of August 8, 2022 and the Special Workshop Minutes of August 22, 2022.
C. BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE
Accepted notice that the City's Conflict of Interest Code requires amendments.
D. TREASURER'S REPORT JULY 2022
Received and filed the July 2022 Treasurer's Report.
E. APPROVAL OF JULY WARRANT AND PAYROLL REGISTERS
Approved the July Warrant Registers (check numbers 39654-40059) and Direct Disbursements totaling $14,915,354.89 and Payroll Registers totaling $2,384,361.06 (check numbers 162502-162705 and Electronic Fund Transfers 35179-35685).
F. APPROVAL OF AUGUST WARRANT AND PAYROLL REGISTERS
Approved the August Warrant Registers (check numbers 40060-40526) and Direct Disbursements totaling $16,580,444.23 and Payroll Registers totaling $ 1,482,889.39 (check numbers 162706-162729 and Electronic Fund Transfers 35686-36177).
G. APPROVE THE PURCHASE AND INSTALLATION OF SURVEILLANCE CAMERAS
AND DOOR ACCESS SYSTEMS AT FOUR CITY FACILITIES
Approved the purchase of surveillance cameras and door access systems for the Public Works Yard, Magnolia Recreation Center, Landecena Building, and Senior Center; and authorized the City Manager to execute all documents related thereto.
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H. APPROVE THE SECOND AMENDMENT TO THE AGREEMENT WITH FRIENDS OF
UPLAND ANIMAL SHELTER FOR ANIMAL SERVICES
Approved the second amendment to the Animal Care & Adoption Services Agreement with Friends of Upland Animal Shelter.
I. APPROVE THE ESTABLISHMENT OF THE JOB SPECIFICATIONS AND SALARY
RANGE FOR A PART-TIME BACKGROUND INVESTIGATOR
Approved the establishment of the job specifications and salary range for a part-time background investigator and approved a budget transfer from contract services to the part-time salaries account for an amount necessary to fund the position.
J. APPROVE THE REVISIONS AND TITLE CHANGE FOR THE GIS/CADD
TECHNICIAN
Approved the title change and revisions to the job specifications of the GIS/CAD Technician position.
K. APPROVE REVISIONS TO THE PART-TIME SALARY SCHEDULE FOR POLICE
OFFICER TRAINEE
Approved revisions to the part-time salary schedule for Police Officer Trainee.
L. DISPOSAL OF SURPLUS EQUIPMENT
Declared items as surplus and authorized the Assistant City Manager to initiate disposal of the surplus equipment.
M. APPROVE AN AGREEMENT WITH HDL COMPANIES FOR CONTRACT BUSINESS
LICENSE SERVICES
Approved an agreement with HdL Companies to provide the City with contract business license services through June 30, 2025 with two mutual one-year additional terms and a not -to -exceed amount of $395,000; and authorized the City Manager to execute the agreement.
N. CONSIDERATION OF A RESOLUTION ESTABLISHING DOLLAR LIMITS
APPLICABLE TO PURCHASING AND APPROVING THE FINANCE OFFICER AS THE
PURCHASING OFFICIAL
Adopted Resolution No. 6687 repealing Resolution No. 6247, establishing dollar limits applicable to purchasing, and approving the Finance Officer as the Purchasing Official pursuant to Chapter 2.48 of the Upland Municipal Code.
0. NOTICE OF COMPLETION FOR CIVIC CENTER AREA PAVING AND ADA
IMPROVEMENTS
Accepted the work; authorized the City Manager or designee to record the Notice of Completion; and reduced the Faithful Performance Bond to 10% for the Civic Center Area Paving and ADA Improvements Project.
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SEPTEMBER 12, 2022
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P. NOTICE OF COMPLETION FOR PROJECT NO. 16150, ARPA ALLEY REHABILITATION PHASE 1
Accepted the work; authorized the City Manager or designee to record the Notice of Completion; and reduced the Faithful Performance Bond to 10% for Project No. 16150, ARPA Alley Rehabilitation Phase 1.
Q. NOTICE OF COMPLETION FOR CITYWIDE SLURRY SEALS
Accepted the work; authorized the City Manager or designee to record the Notice of Completion; and reduced the Faithful Performance Bond to 10% for the Citywide Slurry Seals Project.
R. AGREEMENT FOR AS NEEDED WATER LAW AND UTILITY LEGAL SERVICES Approved an agreement with Kronick Moskovitz Tiedemann & Girard for as - needed water law and utility legal services; and authorized the City Manager to execute the agreement.
S. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR EUCLID AVENUE
PEDESTRIAN SAFETY IMPROVEMENT PROJECT
Approved a Construction and Maintenance Agreement No. 22-1002791 with the San Bernardino County Transportation Authority and the Southern California Regional Rail Authority for the Euclid Avenue Pedestrian Safety Improvement Project; and authorized the City Manager to execute agreement.
U. AWARD PROFESSIONAL SERVICE AGREEMENT FOR THE PREPARATION OF A
WATER AND RECYCLED WATER MASTER PLAN
Awarded a professional service agreement with Brown and Caldwell for preparation of the 2023 Water and Recycled Water System Master Plan in the amount of $439,878; approved an additional allocation of funds in the amount of $139,878; and authorized the City Manager to execute the agreement and any future amendments within the City Manager's authority.
V. APPROVAL OF ADDITIONAL ALLOCATION FOR TRAFFIC SIGNAL MAINTENANCE
SERVICES
Authorized a budget amendment to increase the budget by $65,000 in the Traffic Facility Maintenance expenditure account 101-5406-5258 for both FY 2021/22 and FY 2022/23.
W. REJECT BID AND READVERTISE PROJECT NO. 70003 & 70009, CITYWIDE STRIPING REPLACEMENT (BID NO. 2022-03)
Rejected the bid received for Project No. 70003 & 70009, Citywide Striping Replacement.
X. CONSIDER APPROVAL OF A POLICE TRAFFIC DIVISION MOTORCYCLE
PURCHASE ORDER AND ALLOCATION OF FUNDS
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Approved an additional allocation of funds in the amount of $37,257.38 from COPS Fund 216 Year 17/18 funding and approved the purchase of a 2023 BMW R1250 RT-P Police Motorcycle from BMW Motorcycles of Riverside.
ITEMS REMOVED FOR SEPARATE ACTION
B. APPOINTMENT TO THE PLANNING COMMISSION
There was discussion regarding the interview process, the lack of representation from District 3 on the Planning Commission, and the upcoming vacancies on the Commission.
The Council thanked Jaylene Marotte for her willingness to serve on the Planning Commission.
Motion by Councilmember Maust to ratify the Mayor's appointment of Jaylene Marotte to the Planning Commission, term ending June 30, 2023, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
T. PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE PROJECT MANAGEMENT
SERVICES
Public Works Director Yu answered questions posed by the Council regarding the types of projects that will be managed and the timeline for moving forward with the projects.
Motion by Councilmember Garcia to award a professional services agreement with Interwest and TKE Engineering, Inc. for Project Management Services in the amount of $300,000 each; approved an additional allocation of ARPA funding in the amount of $300,000 for a total allocation of $600,000; and authorized the City Manager to execute the agreements and any future amendments within the City Manager's authority, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
11. PUBLIC HEARINGS
A. CONSIDERATION OF ZONING CODE AMENDMENT NO. ZA-22-0001 TO MAKE VARIOUS CHANGES TO THE UPLAND MUNICIPAL CODE REGARDING "SMOKE SHOPS", "MASSAGE THERAPY" AND "SMOKE LOUNGE/E-VAPE/HOOKAH LOUNGE"
Development Services Director Dalquest introduced Planning Director Farris who presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
There was discussion regarding increasing the distance required between smoke shops and potentially including massage establishments in that requirement.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
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There was further discussion regarding the state regulations on massage establishments and the possibility of adding a required distance between them.
The City Council continued this item to the next City Council meeting and requested that staff bring back a map showing the massage establishments in the City and revise the Ordinance to require a 2,000 foot distance between smoke shop, a-vape, hookah lounge, and massage businesses.
12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
A. UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY
Police Chief Blanco 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 an Ordinance repealing Upland Municipal Code
12.40 and adding Chapter 12.46 to create and implement an effective procedure to regulate camping and storage of personal property to protect public health and safety, seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
B. CONSIDERATION OF RESOLUTIONS ESTABLISHING MEASURE L SPENDING
PRIORITIES AND CITIZENS' OVERSIGHT COMMITTEE
City Manager Blay presented the staff report, which is on file in the City Clerk's Office.
Motion by Councilmember Garcia to adopt Resolution No. 6688 expressing Council's intent to prioritize spending of transaction and use (sales) tax revenue for public safety and infrastructure purposes, and Resolution No. 6689 establishing the Measure L Citizens' Oversight Committee and adopting operational guidelines for said committee, seconded by Councilmember Maust, and carried with Councilmember Zuniga absent.
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community.
Councilmember Garcia provided a summary as voting delegate at the Annual League of California Cities Conference.
15. CITY MANAGER
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:46 p.m. The next regularly scheduled City Council meeting is Monday, September 26, 2022.
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SUBMITTED BY
Ken Jo nson, City CI
APPROVED September 26, 2022