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Minutes, regular meeting

Upland City Council
December 12, 2022

Document
Minutes, regular meeting
Meeting
December 12, 2022
Body
Upland City Council
Pages
6
Original file
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Text extracted from the city's file for reading and search. Open the original on docx.uplandca.gov. That file is the official record.

MINUTES OF THE REGULAR MEETING OF THE

UPLAND CITY COUNCIL CITY OF UPLAND PARKING AUTHORITY,

AND CITY OF UPLAND FINANCING AUTHORITY
DECEMBER 12, 2022
OPENING The regular meeting of the Upland City Council, City of Upland Parking Authority and City of Upland Financing Authority was called to order by Mayor/Chairman Bill Velto at 7:00 p.m. in the Council Chambers of the Upland City Hall.

1. ROLL CALL

Present: Mayor/Chairman Bill Velto, Council/Authority Members James Breitling, Carlos A. Garcia, Shannan Maust, and Rudy Zuniga Staff: City Manager/Executive Director Michael Blay, Assistant City Attorney/Authority Counsel Thomas Rice, and City
Clerk/Authority Secretary Keri Johnson

2. ADDITIONS/DELETIONS TO AGENDA None

3. ORAL COMMUNICATIONS None

4. CLOSED SESSION None

5. PLEDGE OF ALLEGIANCE Councilmember Breitling

6. INVOCATION Pastor Noel Anderson, First Presbyterian Church

7. PRESENTATIONS
S. CITY ATTORNEY/AUTHORITY COUNSEL
Assistant City Attorney/Authority Counsel Rice stated there was nothing to report.

9. ORAL COMMUNICATIONS
Leslie Clem, Upland, stated that she had hit a pothole while driving in the City and her claim for damages was denied, she further requested the City pay to replace her tire. She also stated that drivers routinely run the stop sign at 11th Street and 51h Avenue.

Julie Garcia, Upland, questioned the location of the proposed cell tower in Memorial Park and asked that the City look for other locations rather than parks.

Lorrie Haner, Upland, stated concerns regarding the Upland School District's exploitation of children.

Lois Sicker Dieter, Inland Valley Advocates for the Environment, spoke in opposition of the proposed AT&T cell tower lease and questioned the Quimby fee tracking.

Natasha Walton, People for Upland Parks and Inland Valley Advocates for the Environment, spoke in opposition of the proposed AT&T cell tower lease and questioned the impact of the cell tower on the park.

UPLAND CITY COUNCIL, CITY OF UPLAND PARKING AUTHORITY AND

CITY OF UPLAND FINANCING AUTHORITY MINUTES
DECEMBER 12, 2022
PAGE 2

10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10G for separate action.

Motion by Council/Authority Member Maust to approve the remainder of the Consent Calendar, seconded by Council/Authority Member Zuniga, and carried unanimously.

A. APPROVAL OF MINUTES
Approved the Regular Meeting Minutes of November 28, 2022.

B. CONSIDERATION OF A RESOLUTION ADOPTING REVISED CITY COUNCIL

RULES OF PROCEDURE
Adopted Resolution No. 6702 repealing Resolution No. 6611 and adopting rules of procedure for the Upland City Council.

C. SCHEDULED VACANCIES FOR COMMISSIONS, COMMITTEES, AND BOARDS FOR CALENDAR YEAR 2023
Accepted and filed the Local Appointments List for all City commissions, committees, and boards for calendar year 2023, and directed the City Clerk to post the list.

D. CITY OF UPLAND PARKING AUTHORITY 2022 ANNUAL REPORT
City of Upland Parking Authority Board of Directors received and filed the annual report of the 2022 activities of the Parking Authority E. CITY OF UPLAND FINANCING AUTHORITY 2022 ANNUAL REPORT City of Upland Financing Authority Board of Directors received and filed the annual report for the 2022 activities of the Financing Authority.

F. APPROVAL OF NOVEMBER WARRANT AND PAYROLL REGISTERS
Approved the November Warrant Registers (check numbers 41161-41527) and Direct Disbursements totaling $5,884,093.96 and Payroll Registers totaling $1,460,056.98 (check numbers 162763-162785 and Electronic Fund Transfers 37156-37643).

H. CONSIDERATION OF A PROFESSIONAL SERVICE AGREEMENT FOR THE

PREPARATION OF A WASTEWATER COLLECTION SYSTEM MASTER PLAN Awarded a professional service agreement with Brown and Caldwell for preparation of the 2023 Wastewater Collection System Master Plan in the amount of $543,696, authorized the City Manager to execute the agreement and any future amendments within the City Manager's authority; and approved a budget transfer to report the Master Plan under one project number.

UPLAND CITY COUNCIL, CITY OF UPLAND PARKING AUTHORITY AND

CITY OF UPLAND FINANCING AUTHORITY MINUTES
DECEMBER 12, 2022
PAGE 3

ITEMS REMOVED FOR SEPARATE ACTION
G. CONSIDERATION OF AN AGREEMENT FOR PARK RESTROOM CLEANING AND LOCKUP
There was discussion regarding the scope of work, enhanced cleaning services at specific parks in the City, and the range of bid amounts.

The Council requested that staff bring back an addendum to the contract including enhanced power washing services for all parks in the City.

Motion by Councilmember Zuniga to approve a Professional Service Agreement with Valley Maintenance Corp. for Park Restroom Cleaning & Lockup Services in the amount of $83,148, and authorize the City Manager to execute all necessary and related documents to implement the Agreement. seconded by Councilmember Muast, and carried unanimously.

11. PUBLIC HEARINGS None

12. COUNCIL COMMITTEE REPORTS None.

13. BUSINESS ITEMS
A. APPOINTMENT OF MAYOR PRO TEM
There was discussion regarding changing the rotation of Mayor Pro Tem to District 3 for 2023 and to District 2 in 2024 in order to avoid a newly elected Councilmember serving as Mayor Pro Tem.

Motion by Mayor Velto to ratify the appointment of Councilmember Carlos A.

Garcia as Mayor Pro Tem, term to expire in December 2023, seconded by Councilmember Breitling, and carried unanimously.

B. DISCUSSION REGARDING CONSOLIDATION OF COMMITTEES APPOINTED TO

ADVISE THE COUNCIL
City Clerk Johnson presented the staff report, which is on file in the City Clerk's Office.

There was discussion regarding the options for consolidation of committees and the numbers of members serving on committees.

Motion by Councilmember Maust to direct staff to bring back a resolution and ordinance, if necessary, making the following changes to the committees.

Eliminating the Public Safety Committee. Removing advisory members from the Finance Committee and the Economic Development Committee.

Consolidating the Environmental Sustainability Advisory Committee and Street Tree Advisory Committee with the Public Works Committee, with the advisory members performing Street Tree Advisory Committee duties as described in the Upland Municipal Code Chapter 12.26. And, assigning the

UPLAND CITY COUNCIL, CITY OF UPLAND PARKING AUTHORITY AND

CITY OF UPLAND FINANCING AUTHORITY MINUTES
DECEMBER' 12, 2022
PAGE 4
duties of the Community Development Block Grant Committee to the City Council Advisory Committee.

The motion was seconded by Councilmember Zuniga, and carried unanimously.

C. AWARD OF BID FOR 17TH STREET ROADWAY AND UTILITY IMPROVEMENTS (BID NO. 2022-04)
Motion by Councilmember Maust to approve the plans and specifications for the 17th Street Roadway and Utility Improvement Project; award the construction contract to Gentry General Engineering, Inc. in the amount of $2,696,271.90; and authorize a construction contingency in the amount of $135,728.10, for a total amount of $2,832,000; and approve a budget adjustment to record the expenses of the project with a common project numberseconded by Councilmember Breitling, and carried unanimously.

D. FISCAL YEAR 2007 TO 2022 FINANCIAL REPORTS ON THE COLLECTION AND

USE OF QUIMBY FEES
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's Office.

There was discussion regarding annual reporting of Quimby fees going forward and a future report out of Development Impact Fees.

This item was a receive and file only, no action was necessary.

E. CONSIDERATION OF AN ORDINANCE TO ADOPT BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA BUILDING CODE STANDARDS
Development Services Director Dalquest presented the staff report, which is on file in the City Clerk's Office.

Motion by Councilmember Maust to hold first reading by number and title only, and introduce Ordinance No. 1973 adopting by reference the 2022 California Building Standards Codes (Parts 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11 and 12, California Code of Regulations, Title 24) with local amendments based on the City of Upland's Climatic, Topographical and Geological Conditions; and set the public hearing for January 9, 2023, seconded by Councilmember Breitling, and carried unanimously.

F. CONSIDERATION OF A LEASE AGREEMENT WITH AT&T MOBILITY

CORPORATION FOR A FAUX WATER TANK CELLULAR TOWER ON CITY PROPERTY AT MEMORIAL PARK LOCATED AT 1290 E. FOOTHILL BOULEVARD (APNS: 1046-131-03, 1046-141-03, 1046-141-05); AND CEQA

DETERMINATION
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.

UPLAND CITY COUNCIL, CITY OF UPLAND PARKING AUTHORITY AND

CITY OF UPLAND FINANCING AUTHORITY MINUTES
DECEMBER 12, 2022
PAGE 5
Chris Doheny, representating AT&T Mobility answered questions posed by the Council regarding the site location and potential alternate locations.

There was discussion regarding the cell service area, the proposed design of the faux water tower, birds and wildlife in the park, and underground utilities near the location.

Motion by Councilmember Zuniga to find that the project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15303, Class 3 (Construction or Conversion of Small Structures), of the CEQA guidelines; `direct staff to file a CEQA Notice of Exemption with the County Clerk within five (5) working days of this approval; and authorize the City Manager to execute a Lease Agreement with New Cingular Wireless PCS, LLC, dba AT&T Mobility Corporation to allow for the installation of a cellular faux water tank tower and an equipment shelter at Memorial Park, seconded by Councilmember Breitling, and carried unanimously.

G. CONSIDERATION ON THE REVISED DESIGN FOR THE DOWNTOWN UPLAND

PARKLETS PROJECT LOCATED WITHIN SECOND AVENUE BETWEEN C STREET AND A STREET AND WITHIN 9TH STREET BETWEEN FIRST AVENUE AND

THIRD AVENUE
Development Services Director presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's Office.

There was discussion regarding the design of the bollards, the preservation of existing trees, and the surrounding hardscape.

Greg Denson, Architerra Group, answered questions posed by the Council regarding the design.

Council requested that staff implement a donor brick program for the surrounding hardscape.

Motion by Councilmember Zuniga to approve the revised design and cost estimate for the Downtown Upland Parklets Project, appropriate and amend the FY 22-23 Capital Improvement Program ("CIP") in the amount of $471,633 from CDBG CV-3 funds, American Rescue Plan Act ("ARPA") funds, Community Project Funding (CPF) grant from Congressman Aquilar, and Quimby fees; and, direct staff to file a Notice of Exemption pursuant to the California Environmental Quality Act, and authorize the City Manager to execute all documents related theretoseconded by Councilmember Garcia, and carried unanimously.

14. COUNCIL COMMUNICATIONS
Councilmember Maust was in consensus with Councilmember Breitling's request to have staff bring a catalytic converter ordinance before the Council for consideration.

UPLAND CITY COUNCIL, CITY OF UPLAND PARKING AUTHORITY AND

CITY OF UPLAND FINANCING AUTHORITY MINUTES
DECEMBER 12, 2022
PAGE 6

15. CITY MANAGER
City Manager Blay announced that City Hall would be closed for the holidays from December 26, 2022 through January 2, 2023.

16. ADJOURNMENT
At 9:22 p.m., Mayor Velto adjourned in memory of Katie Roberts, retired Ontario Police officer and the first female Police Officer in Ontario.

SUBMITTED BY r-
Keri on, City Cl
APPROVED January 9 2023

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