MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
OCTOBER 24, 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
Lois Sicking Dieter, questioned whether AT&T was aware that trees in Memorial Park were lost in the January windstorm and would no longer camouflage any proposed cell tower.
Natasha Walton, commented on trees lost in the windstorm, requested that open space be utilized for recreational purposes, and questioned the number of cell phone towers in Memorial Park compared to other parks in the City.
4. CLOSED SESSION
At 6:06 p.m. Mayor Velto announced the City Council would recess to Closed Session pursuant to Government Code Section
A. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Approximately a 1,716 square foot area located within the northeast corner of Memorial Park in the City of Upland.
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development
Coordinator Melecio Picazo
Negotiating Party: AT&T Mobility, Inc.
Under Negotiation: Price and terms of payment of lease agreement The City Council reconvened in open session at 7:00 p.m.
S. INVOCATION Dr. Greg Brown, Pastor/Missionary
6. PLEDGE OF ALLEGIANCE Stephanie Gatica
7. PRESENTATIONS
Waguih Boctor San Bernardino County Environmental Health Specialist accepted a Proclamation recognizing the week of October 23, 2022 as National Lead Poisoning Prevention Week.
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Police Chief Blanco presented Life Saving Awards to Officers Dylan Bartley and Sarah Nakamura.
S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Carlos Garcia, Upland, spoke regarding misinformation about Measure L and the Police Department.
Janice Elliott, Upland, stated she was running for re-election and provided information on her background and qualifications.
Al Villanueva, Upland, spoke regarding the San Bernardino County Transportation Authority's (SBCTA) plan to build a public restroom off the Pacific Electric Trail near his neighborhood. He further stated he was opposed to the proposed public restroom in a residential neighborhood.
Antonio Aguilar, Upland, spoke in opposition to SBCTA's plan to build a public restroom near his neighborhood.
Joe Pattison, Upland, spoke in opposition of the re-election of Councilmember Elliott.
Tommy Brooks, Upland commented on Measure L and stated that he attended one of the Town Hall meetings. He further stated that he feels the current Council has earned his trust and the City Manager is open and straightforward.
Ralph Cavallo, Upland, spoke in support of Measure L.
Greg Bradley, Upland, stated he was available to speak to any residents who would like information about Measure L.
10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Item 10D for separate action.
Motion by Councilmember Maust 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 October 10, 2022.
B. 2ND READING OF ORDINANCE 1969 ROSE GLEN SPECIFIC PLAN LOCATED AT 1400 E. ARROW HIGHWAY (APN: 1046-481-14)
Held second reading by number and title only, waived further reading, and adopted Ordinance No. 1969 adopting Zone Change No. ZC-21-0002 amending the Zoning Designation of the project site from Light Industrial (LI) to Specific Plan (SP) and adopting Specific Plan No. SP-21-0002 for the Rose Glen Specific Plan for the project site.
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C. 2ND READING OF ORDINANCE 1970 REGARDING SMOKE SHOPS, MASSAGE
THERAPY, AND SMOKE LOUNGE/E-VAPE/HOOKAH LOUNGES
Held second reading by number and title only, waived further reading, and adopted Ordinance No. 1970 amending Upland Municipal Code Table 17.04-1 (Permitted Land Uses in the Residential Zones), Table 17.05-1 (Permitted Land Uses in the Mixed -Use Zones), Table 17.06-1 (Permitted Land Uses in the Commercial Zones), Table 17.07-1 (Permitted Land Uses in the Industrial Zones), Table 17.08-1 (Permitted Land Uses in the Special Purpose Zones), Chapter 17.29 (Massage Therapy) and Chapter 17.51 (Definitions), and adding new Chapter 17.42.5 pertaining to smoke shops, and finding the Ordinance to be exempt from the California Environmental Quality.
E. CONSIDERATION OF A RESOLUTION AMENDING THE COMPENSATION PLAN
FOR PART-TIME EMPLOYEES
Adopted Resolution No. 6696 amending the Compensation Plan for part-time employees to comply with California Minimum Wage law.
F. REPORT OUT OF THE 2022 LEMON FESTIVAL FINANCIALS
Received and filed the Soundskilz Inc. Profit and Loss Statement relating to the 2022 Upland Lemon Festival,
G. DISPOSAL OF SURPLUS EQUIPMENT
Declared items as surplus and authorized the City Manager to initiate disposal of the surplus equipment.
H. AMENDMENTS TO TOW SERVICE AGREEMENTS
Approved the second amendments to the original agreements with Steve's Towing and Mr. T's Towing to provide tow services for the second additional year; and authorized the City Manager to execute the amendments.
I. CONSIDER APPROVAL OF PROCUREMENT OF RESTROOM FIXTURES AT
GREENBELT AND MAGNOLIA PARKS
Approved the procurement of replacement restroom partitions, toilets, urinals, faucets, sinks, and supporting hardware through Thompson Plumbing Supply Inc. not to exceed $60,000.
MAINTENANCE SERVICES AGREEMENT FOR THE REHABILITATION OF CITY WELL 1A
Awarded a Maintenance Services Agreement to General Pump Company Inc. for the rehabilitation of City Well 1A in the amount of $125,105; approved a contingency amount of $24,895 for a total amount of $150,000; authorized the City Manager to execute the agreement and all extensions: and approved a budget adjustment of $150,000 to cover the cost of this project.
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K. FIRST AMENDMENT TO AGREEMENT WITH GENERAL PUMP COMPANY Approved the first amendment to General Pump Company Inc.'s Maintenance Service Agreement for the rehabilitation of City Well 7A for an additional amount of $102,040 for a new total contract amount of $292,040; authorized the City Manager to execute the amendment; and approved a budget adjustment of $102,040 to cover the additional contract amount.
L. ENVIRONMENTAL SEWER TRUCK PURCHASE
Approved the purchase of one (1) new Vactor 2112 Sewer Cleaner (80519) in the amount of $568,301.51 with Haaker Equipment Company; and authorized the City Manager to execute all necessary documents.
M. TREASURER'S REPORTS AUGUST (AMENDED) AND SEPTEMBER 2022 Received and filed the amended August and September 2022 Treasurer's Reports.
N. ANNUAL MEETING OFTHE POMONA VALLEY PROTECTIVE ASSOCIATION (PVPA) Appointed Braden Yu as proxy to vote all shares at the annual shareholder's meeting of the Pomona Valley Protective Association.
ITEMS REMOVED FOR SEPARATE ACTION
D. CONSIDERATION OF A RESOLUTION PROMOTING COLLABORATION AND
CITYWIDE CONSIDERATION ON THE CITY COUNCIL
There was discussion regarding the purpose of the resolution and Councilmembers being accountable to the voters in their district.
Motion by Councilmember Elliott to table the item.
There was further discussion regarding the purpose of the resolution and how it would be implemented.
Councilmember Elliott withdrew the motion to table the item.
Motion by Councilmember Garcia to table this item, seconded by Councilmember Elliott, and carried unanimously.
11. PUBLIC HEARINGS
At 8:06 p.m. Councilmember Zuniga declared he had a conflict of interest on Public Hearing Item 11A since he owns a business in the downtown. Councilmember Zuniga then left the Council Chamber.
A. CONSIDERATION OF SPECIFIC PLAN AMENDMENT NO. 22-0001, AMENDING
THE HISTORIC DOWNTOWN UPLAND SPECIFIC PLAN
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Development Services Director Dalquest introduced Senior Planner Joshua Winter who presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
There was discussion on the process for regulating outside merchandise displays.
Mayor Velto opened the public hearing.
Tammy Rapp, President of HDU, spoke in support of the proposed Specific Plan Amendment and stated that they need businesses in the downtown that will bring in foot traffic.
Eric Gavin, spoke in support of the proposed Specific Plan Amendment and stated that businesses should not infringe on the rights of other businesses.
There being no other speakers, Mayor Velto closed the public hearing.
Motion by Councilmember Garcia to hold first reading by title only, waive further reading, and introduce Ordinance No. 1971 adopting Specific Plan Amendment No. 21-0002, amending the Historic Downtown Upland Specific Plan to prohibit storage uses and internet-only businesses that are not open to the public and allow for and adopt regulations pertaining to outdoor display of merchandise for retail businesses, seconded by Councilmember Maust, and carried with Councilmember Zuniga abstaining.
At 8:25 p.m. Councilmember Zuniga returned to the Council Chamber and took his seat at the dais.
B. CONSIDERATION OF A RESOLUTION TO ADOPT GENERAL PLAN AMENDMENT NO. 22-0001 FOR THE 2021-2029 HOUSING ELEMENT UPDATE TO THE UPLAND GENERAL PLAN PURSUANT TO ARTICLE 10.6 OF THE PLANNING AND ZONING LAWS
Development Services Director Dalquest introduced Housing Element Consultant John Douglas, who presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
There was discussion regarding the Regional Housing Needs Assessment (RHNA), housing regulations mandated by the state, and low income housing shortfalls.
At 8:51 p.m. Councilmember Garcia left the dais and returned at 8:54 p.m.
Mayor Velto opened the public hearing.
Eric Gavin, spoke in support of the housing element and stated the purpose of the housing element is for cities to take on a fair share of housing at all income levels.
Natasha Walton, questioned whether the City provided enough public outreach regarding the Housing Element Update, whether the project is exempt from the
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California Environmental Quality Act (CEQA) and when Development Impact Fees would be increased.
At 9:01 p.m. Councilmember Maust left the dais and returned at 9:03 p.m.
There being no other speakers, Mayor Velto closed the public hearing.
City Attorney Deitsch confirmed that the Housing Element Update is exempt from CEQA.
There was further discussion regarding affordable housing.
Motion by Councilmember Elliott to adopt Resolution No. 6697 approving General Plan Amendment No. GPA-22-0001, approving the 2021-2029 Housing Element Update; and find that GPA 22-0001 is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3), Section 15162(a) and Section 15283 of the California Environmental Quality Act (CEQA) Guidelines seconded by Councilmember Garcia, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS
A. PUBLIC WORKS COMMITTEE MEETING, OCTOBER 11, 2022
Councilmember Maust provided a recap of the meeting. This was for information only and no action was required.
13. BUSINESS ITEMS None
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community.
15. CITY MANAGER
City Manager Blay provided an update on road closures as part of the I-10 corridor project.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 9:24 p.m. The next regularly scheduled City Council meeting is Monday, November 14, 2022.
i
SUBMITTED BY
Keri Johnson, erk
APPROVED November 14. 2022