MINUTES OF THE REGULAR MEETING OF THE
UPLAND CITY COUNCIL
7ANUARY 9, 2023
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 James Breitling, 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
Barbara Mc]oynt, Upland, spoke in opposition of the proposed Bridge development and hoped that the Council would not take any actions that would reverse the hard work of those opposed to the project.
Jerry Fenning, Upland, stated he was opposed to the City supporting any appeal of the judge's decision on the Bridge Development project. He further stated that the project would increase greenhouse gasses which are hazardous to residents and contribute to climate change.
Dede Ramella, Upland, spoke in opposition of the Bridge Development project and spoke about Amazon's business practices and negative impacts on the communities where they operate.
Bob Cable, Upland, spoke in support of the Bridge Development project and urged the Council to do everything in their power to see the project through without delay.
Janice Elliott, Upland, questioned whether the closed session item was an update on the lawsuit or if the Council would take formal action and report out after closed session. She further suggested Council read the briefs submitted to the court on the case.
Fred Lynch, Upland, hoped that Council would proceed with caution and stated the project will increase traffic and pollution in the City.
4. CLOSED SESSION
At 5:47 p.m. Mayor Velto announced the City Council would recess to Closed Session pursuant to Government Code Section
A. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: City Manager Michael Blay, Assistant City Manager Stephen
Parker, and Human Resources/Risk
Manager Terry Doyle
UPLAND CITY COUNCIL MINUTES
JANUARY 9, 2023
PAGE 2
Employee organizations:
Unrepresented Employees:
Upland Mid -Management
Association, Upland City Employees
Association, Upland Police Officers
Association, and Upland Police
Management Association
Executive Staff and Non -
Rep resented/Confidentia I
Employees
B. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Upland Community First v. City of Upland, San Bernardino County Superior Court of California
Case Number: San Bernardino County Superior Court of California Case No. CIVDS2013558
The City Council reconvened in open session at 7:03 p.m.
S. INVOCATION Dr. Kaissi, Middle Ground Muslim Center
6. PLEDGE OF ALLEGIANCE Assistant City Manager Parker
7. PRESENTATIONS None
S. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on items 4A and 4B. On Item 4B, Mayor Velto made a motion that the City Council authorize the City's legal counsel to file a joinder by the City, with that portion of the Bridge Development Company's respondent's brief defending that portion of the trial court's decision in favor of the City, subject to legal counsel otherwise finding the brief to be satisfactory.
The motion was seconded by Councilmember Zuniga, and carried with Councilmembers Garcia and Maust opposed.
9. ORAL COMMUNICATIONS
Jessica Rosas, spoke about Tiny Tot's program and damage to building from rain. She stated that families cannot send their children to the program and requested that the City reopen the program.
Dennise Greenberg, Upland, reminded the Council about their responsibilities and stated that she would like to see crime in the downtown addressed.
Jacky St. Pierre, Rancho Cucamonga, stated that her son has been attending the Tiny Tot's program since April 2022 and it has been closed for over two months. She further stated the importance of the program for children and requested the City reopen the program.
UPLAND CITY COUNCIL MINUTES
JANUARY 9, 2023
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Tammy Rapp, president of Historic Downtown Upland, stated there is a substantial amount of crime in downtown and questioned why PBIA funds could not be used for security. She further stated that business owners no longer feel safe and the community cannot shop and dine in downtown Upland.
10. CONSENT CALENDAR
Motion by Councilmember Garcia to approve the Consent Calendar, seconded by Councilmember Maust, and carried unanimously.
A. APPROVAL OF MINUTES
Approved the Special Meeting Minutes of December 12, 2022 and the Regular Meeting Minutes of December 12, 2022.
B. MAYORAL APPOINTMENTS FOR 2023
Ratified the Mayoral Appointments for 2023, appointing Council Members and City Representatives to City Council committees and various City and regional committees.
C. RESIGNATION OF CITY ENVIRONMENTAL SUSTAINABILITY ADVISORY
COMMITTEE MEMBER
Accepted the resignation from Environmental Sustainability Advisory Committee Member James Breitling.
D. TREASURER'S REPORT NOVEMBER 2022
Received and filed the November 2022 Treasurer's Report.
E. APPROVE THE REVISIONS FOR THE JOB SPECIFICATIONS AND SALARY RANGE
FOR THE POLICE RECORDS SUPERVISOR
Approved revisions to the job specifications and salary range for the Police Records Supervisor.
F. APPROVE THE REVISIONS FOR THE JOB SPECIFICATIONS AND SALARY RANGE
FOR THE POLICE DISPATCH SUPERVISOR
Approved revisions to the job specifications and salary range for the Police Dispatch Supervisor.
G. CALRECYCLE USED OIL PAYMENT PROGRAM (OPP) CYCLE 12 GRANT Accepted the CalRecycle Used Oil Payment Program (OPP) Cycle 12 grant award of $10,878 and appropriated the funds.
H. BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM GRANT Accepted the CalRecycle Beverage Container Recycling City/County Payment Program (Recycle Funding Cycle FY 2020-21) Grant Award of $19,621 and appropriated the funding.
UPLAND CITY COUNCIL MINUTES
JANUARY 9, 2023
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VEHICLE PURCHASE FOR RECREATION, WATER UTILITY, AND JANITORIAL
DIVISION
Approved a purchase order in the amount of $170,997.40 to M. K. Smith Chevrolet for the purchase of five (5) new Chevrolet Four Door Colorado Pick - Ups; and authorized the City Manager to execute all documents on behalf of the City.
J. APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KSM ELECTRIC FOR MOTOR CONTROL CENTER UPGRADE AT PLANT NO. 6 Approved Amendment No. 1 to the Professional Services Agreement with KSM Electric for the Plant No. 6 Motor Control Center Upgrade project; extending the agreement by one hundred eighty (180) calendar days; and authorized the City manager to execute the amendment.
11. PUBLIC HEARINGS
A. CONSIDERATION OF ZONING CODE AMENDMENT NO. 22-0003 TO AMEND UPLAND MUNICIPAL CODE SECTION 17.15.080(F) (ADVERTISING SIGNS AND
STRUCTURES NEAR FREEWAYS)
Development Service Director Dalquest presented the staff report, along with PowerPoint presentation, which is on file in the City Clerk's office.
Mayor Velto opened the public hearing.
Natasha Walton, hoped that the Council will continue to fight against sign pollution in the City and requested the Council vote no on the item. She stated that these types of signs create urban blight, are cost prohibitive to maintain, and freeway signs become obsolete as technology advances.
Rick Batt, Santa Ana, stated he is in the business of selling signs, and they provide advertisement for smaller businesses in centers. The signs are major investments for the companies and are meant to be attractive and draw in customers.
Molly Snowden, Newport Beach, stated that she represents the owners of Mountain Green Shopping Center. She stated that signage is almost always one of the first questions asked by potential tenants, it gives more opportunity for tenants to be seen, and allowing taller signs means more visibility to customers.
TJ Bard, Long Beach, stated he was speaking on behalf of the Upland Freeway Center owners. He stated the center has struggled to gain occupancy, in large part, due to lack of signage compared to surrounding cities; and the zoning amendment is important for the long term viability of the center.
Dennis Loput, Garden Grove, stated he is the in house Counsel for the Upland Freeway Center owners, and the amendment is critical to the center in competing for larger tenants.
There being no other speakers, Mayor Velto closed the public hearing.
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JANUARY 9, 2023
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There was discussion regarding the need for economic revitalization in the area in question.
Motion by Councilmember Garcia to determine the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15061(B)(3) and 15311; and hold first reading by title only, waive further reading, and introduce an Ordinance amending Upland Municipal Code Section 17.15.080(F) (Advertising Signs And Structures Near Freeways) by increasing the maximum twenty-five (25) foot height allowed for freeway - oriented advertising signs for commercial property with a minimum frontage of 250 feet on a freeway, allow property in the Regional Commercial Zoning District that is not adjacent to a freeway to have a freeway -oriented advertising sign, and establish design standards, seconded by Councilmember Zuniga, and carried unanimously.
B. CONSIDERATION OF AN ORDINANCE TO ADOPT BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA BUILDING CODE STANDARDS
Development Service Director Dalquest presented the staff report, along with 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 hold second reading by number and title only and adopt 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, seconded by Councilmember Maust, and carried unanimously.
12. COUNCIL COMMITTEE REPORTS None
13. BUSINESS ITEMS
A. CALPERS AND BLAST PENSION UPDATE PRESENTATION BY GOVINVEST Assistant City Manager Parker presented the staff report and introduced Ira Summer with GovInvest who presented a PowerPoint presentation, which is on file in the City Clerk's office.
This item was for receive and file only, no action was taken.
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
Councilmember Zuniga was in consensus with Councilmember Maust's request for staff to bring a plan for downtown Upland and PBIA funds at a future meeting.
15. CITY MANAGER None
UPLAND CITY COUNCIL MINUTES
JANUARY 9, 2023
PAGE 6
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:46 p.m. The next regularly scheduled City Council meeting is Monday, January 23, 2023.
SUBMITTED BY
Ken hnson, City �Cler
APPROVED Janua 23 2023