MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
NOVEMBER 14, 2022
OPENING The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:30 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: Councilmember Rudy Zuniga
Motion by Council Member Maust to excuse the absence of Council Member Zuniga, seconded by Council Member Garcia, and carried with Council Member Elliott opposed, and Council Member Zuniga absent.
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 Closed Session Item 4B from the agenda.
3. ORAL COMMUNICATIONS None
4. CLOSED SESSION
At 5:33 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 - LIABILITY CLAIM Government Code Section 54956.9(d)(2)
Claimant: Sylvia Sanchez
Agency: City of Upland
B. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 531 E. 13th Street, Upland, CA 91786; APN: 1045-392- 43 City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development
Coordinator Melecio Picazo
Negotiating Party: R.W. Selby & Company, Inc.
Under Negotiation: Price and terms of payment
This item was removed from the agenda.
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C. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: City Manager
The City Council reconvened in open session at 7:00 p.m.
5. INVOCATION Pastor Laurie Baiz, Life Bible Fellowship Church
6. PLEDGE OF ALLEGIANCE Commander Dave Proctor
7. PRESENTATIONS
Certificates of Recognition were presented to residents serving in the Military.
Historic Downtown Upland Merchant's Association President Tammy Rapp accepted a Proclamation declaring Saturday, November 26, 2022 as Small Business Saturday.
Police Chief Blanco recognized Detective Randall Layne and Officer Gabriel Garcia for their exemplary service to the Community.
S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on items 4A and 4C on the agenda, and there were no reportable actions during Closed Session. He further stated that Item 4B was removed from the agenda.
9. ORAL COMMUNICATIONS
Sergeant Hadar Espinoza, Army Recruiter and Career Counselor introduced herself and her colleague and stated they want to give back to community.
James Breitling, Upland, stated concerns regarding the Tesla lease and possible disturbances to the neighboring residents.
Kati Parker, Upland, spoke in support of the Mills Act contracts and announced Upland Heritage will host their Vintage Home Tour in 2023 after a five year hiatus.
10. CONSENT CALENDAR
Councilmember Maust removed Consent Calendar Item 1OF and Councilmember Elliott removed Consent Calendar Item 1ON for separate action. Motion by Councilmember Elliott to approve the remainder of the Consent Calendar, seconded by Councilmember Garcia and carried with Councilmember Zuniga absent.
A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of October 24, 2022.
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2ND READING OF ORDINANCE 1971 APPROVING SPECIFIC PLAN AMENDMENT NO. 22-0001, AMENDING THE HISTORIC DOWNTOWN UPLAND SPECIFIC PLAN Held second reading by number and title only, waived further reading, and adopted 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.
C. APPROVE AMENDMENT TO THE AGREEMENT WITH KEENAN AND ASSOCIATES
FOR BENEFITS BROKER SERVICES
Approved Amendment No. 2 to the agreement with Keenan and Associates for Benefit Broker Services, extending the terms of the agreement through December 31, 2023; and authorized the City Manager to execute the amendment.
D. APPROVE THE ESTABLISHMENT OF PAID INTERNSHIP JOB SPECIFICATIONS Approved the establishment of paid internship job specifications.
APPROVE AN AMENDMENT TO AN AGREEMENT WITH ROBERT HALF
INTERNATIONAL FOR TEMPORARY ACCOUNTING AND ADMINISTRATIVE
SERVICES
Approved Amendment No. 1 to the professional services agreement with Robert Half International to provide the City with staff augmentation services; authorized the City Manager to execute the amendment; and approved a budget adjustment of $140,000.
G. APPROVE PURCHASE OF SPIDR TECH PLATFORM SOFTWARE
Approved the purchase of the SPIDR TECH Platform software; and authorized the use of FY 16-17 COPS Grant funds for the purchase
APPROVE THE PURCHASE OF 40MM LESS LETHAL MUNITION LAUNCHERS,
AMMUNITION, AND TRAINING ROUNDS
Approved the purchase of fifteen 40mm Less Lethal Munition Launchers, 200 rounds, training rounds, and 15 hard cases; and authorized the use of FY 17/18 Cops Grant funds for the purchase.
LIEN SALE SERVICE AGREEMENT EXTENSION
Directed the City Manager to exercise the option for a second one year extension to the agreement with Denco Lien Services, Inc. for services related to the sale of vehicles impounded/stored at the Police Department impound lot, extending the agreement through October 31, 2023.
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AWARD OF BID FOR PROJECT NO. 70003 & 70009, CITYWIDE STRIPING REPLACEMENT (BID NO. 2022-05)
Approved the specifications for Citywide Striping Project No. 70003 and 70009; awarded the construction contract to Interstate Striping, Inc. in the amount of $175,721.25; and authorized a construction contingency in the amount of $26,278.75, for a total amount of $202,000 from the Gas Tax Fund.
K. FINAL DRAFT OF THE LOCAL ROAD SAFETY PLAN
Approved, received, and filed the Local Road Safety Plan.
L. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 18707, LOCATED ON THE
NORTHEAST CORNER OF BASELINE ROAD AND PARK VIEW PROMENADE Accepted the public improvements constructed by Taylor -Morrison, located on the northeast corner of Parkview Promenade and Baseline Road; and approved the release of the Subdivision Performance Bonds and Labor and Material Bonds.
M. 2022 MILLS ACT CONTRACTS FOR FIVE (5) HISTORIC PROPERTIES Approved the Mills Act contracts for five (5) historic properties and authorized the City Manager to execute the documents.
ITEMS REMOVED FOR SEPARATE ACTION
TERMINATION OF THE JANUARY 2022 WINDSTORM LOCAL EMERGENCY Assistant City Manager Parker answered questions posed by the Council regarding the State denying the City's application for reimbursement of funds expended due to the windstorm emergency and next steps if the City appeals the determination.
Motion by Councilmember Garcia to adopt Resolution No. 6698 terminating the existence of a local emergency caused by the extreme windstorm that commenced on January 21, 2022, seconded by Councilmember Maust, and carried with Councilmember Zuniga absent.
N. CONSIDERATION OF A LEASE AGREEMENT WITH TESLA MOTORS CANADA FOR A 35,000 SQUARE FOOT AREA WITHIN A CITY -OWNED RESERVOIR SITE LOCATED ON THE NORTHWEST CORNER OF 15TH STREET AND 6TH AVENUE (APN: 1045-081-40 & 55); AND DETERMINING THAT THE LEASE AGREEMENT
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) There was discussion regarding possible installation of lighting and generators, car alarms, and disturbances to the neighboring residents.
City Manager Blay confirmed that the car alarms would not be armed when the cars are parked on the property.
There was further discussion regarding the construction at the Tesla property on 20th Street and the term of the parking lease.
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Motion by Councilmember Elliott to approve the Lease Agreement between the City of Upland and Tesla Corporation Canada for a 35,000 square foot area within a city -owned reservoir site that is 4.31 acres in size located on the northwest corner of 15th Street and 6th Avenue (APN: 1045-081-04 & 55); authorized the City Manager to execute the agreement; determined that the lease agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) and 15311; and directed staff to file a Notice of Exemption pursuant to the California Environmental Quality Act with the additional language that the tenant shall not install any light or generating equipment, and cars shall be parked without alarms armed.
City Attorney Deitsch clarified that Section 4 of the agreement would include the following language: "Tenant shall not in any event install lights and generators on the property. Tenant shall disarm car alarms while cars are stored on the property."
The motion was seconded by Councilmember Garcia, and carried with Councilmember Zuniga absent.
11. PUBLIC HEARINGS
A. CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 21-0001 AND ZONE CHANGE NO. 21-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION AND THE ZONING DISTRICT OF APN: 1047-072-22 (371 S. 2ND AVENUE), APN: 1047-072-23 (381 S. 2ND AVENUE), APN: 1047-072-04 (378 S. 1ST AVENUE) AND APN: 1047-072-05 (370 S. 1st AVENUE); AND DETERMINE THE
PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Development Services Director Dalquest introduced Senior Planner Winter 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 Garcia to determine that the project is exempt from the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3), seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
Motion by Councilmember Maust to adopt Resolution No. 6699 approving General Plan Amendment No. GPA-21-0001 to amend the General Plan land use designation of four (4) existing lots from Office/Professional (OP) to Single - Family Medium (SFR-M). The project site includes the following parcels APN:
1047-072-22 (371 S. 2nd Avenue), APN: 1047-072-23 (381 S. 2nd Avenue), 1047-072-04 (378 S. 1st Avenue) and APN: 1047-072-05 (370 S. 1st Avenue), seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
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Motion by Councilmember Maust to hold first reading by title only, waive further reading, and introduce Ordinance No. 1972 adopting Zoning Change No. ZC- 21-0001 to amend the Zoning Code Designation of four (4) existing lots from Office Professional (OP) to Residential Single -Family Medium RS-7.5 APN:
1047-072-22 (371 S. 2nd Avenue), APN: 1047-072-23 (381 S. 2nd Avenue), APN: 1047-072-04 (378 S. 1st Avenue), and APN: 1047-072-05 (370 S. 1st Avenue), seconded by Councilmember Garcia, and carried with Councilmember Zuniga absent.
B. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT AND
REGULATORY AGREEMENT FOR THE SALE OF CERTAIN CITY OWNED REAL PROPERTY (APNS: 1046-591-08, 09, 10, 11, 12, 13) LOCATED AT THE
NORTHWEST CORNER OF A STREET AND FIRST AVENUE TO CITY VENTURES,
LLC, AND FINDING THE SAME CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
Development Services Director Dalquest introduced Economic Development Coordinator Picazo 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 planning process for the proposed development on the property.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Motion by Councilmember Maust to adopt Resolution No. 6700 approving of the Disposition and Development Agreement ("DDA") and Regulatory Agreement ("RA") for the sale of City owned surplus land to City Ventures, LLC, for a proposed residential project of 29 townhouse homes, with at least 15% of those homes restricted for lower -income first-time homebuyers, subsidized in part by City's CalHOME and/or housing set aside funds; and find the same categorically exempt from California Environmental Quality Act (CEQA) Review pursuant to Guidelines Sections 15312, 15206(b)(4), 15060(c)(2) and 15378(b), seconded by Councilmember Elliott, and carried with Councilmember Zuniga absent.
12. COUNCIL COMMITTEE REPORTS
13. BUSINESS ITEMS
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 8:25 p.m. The next regularly scheduled City Council meeting is Monday, November 28, 2022.
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SUBMITTED BY
Keri Jo son, C'
APPROVED November 28, 2022