MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL March 27, 2023
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:33 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS -DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
Christina Schulz, stated she was concerned about cell towers in San Antonio Park, the aesthetics of the towers, and how it affects the natural habitat of the park.
Natasha Walton, People for Upland Parks, requested that the Council not move forward with item 413 on the agenda and spoke in opposition to park land being used for non - recreational purposes.
4. CLOSED SESSION
At 5:40 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496 b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Approximately 152 square foot area located within the San Antonio Park in the City of Upland
1 City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: John Jones with MD7
Under Negotiation: Price and Terms
The Council reconvened in open session at 7:01 p.m.
5. INVOCATION
Rabbi Stephen Epstein, Temple Sholom
S. PLEDGE OF ALLEGIANCE
Led by Councilmember Maust
7. PRESENTATIONS
Recognition of Upland Woman's Club for their 120 years of service to the Community
8. CITY ATTORNEY
City Attorney Deitsch announced there was no reportable action on Closed Session Item 46,
Regarding Closed Session Item 4A, City Attorney Deitsch announced that upon motion by Mayor Velto, seconded by Councilmember Zuniga, and carried unanimously, the City Council waived attorney client privilege and closed session confidentiality solely with respect to the closed session discussion which occurred in Special City Council meetings on March 4 and 17., 2019 and April 29, 2019, and in the Regular City Council meeting on May 13, 2019, and specifically consents to City Council Members disclosing only that information from these closed sessions regarding former City Manager Vagnozzi's job performance and termination.
9. ORAL COMMUNICATIONS
Ralph Cavallo, Upland, stated that Upland National Little League does not charge their participants a fee and the proposed fee update will require the League to pay for light use, and further stated that it is wrong to charge fees to Upland National Little League.
William Martinez, Upland, wanted to appeal his water bill for his rental property and stated the outstanding bill was accumulated by his previous tenants. He also requested the Police Department investigate possible drug activity in the alley near the property.
Steve Crest, Upland, suggested that contractors who dig into the streets should be required to properly repair them after construction work is completed and suggested an inspection fee for staff to inspect the streets after completion to ensure the repairs are done properly.
Mallory Cervantes, Upland, stated that rain led to baseball field closures and parents are unhappy that some leagues played on the closed fields.
10. CONSENT CALENDAR
Councilmember Zuniga removed Consent Calendar Item 10D for separate action. 2 Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of March 13, 2023.
b. 2ND READING OF ORDINANCE NO. 1979 AMENDING CHAPTER 17.37 OF
THE UPLAND MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING
THE ORDINANCE IS EXEMPT FROM CEQA
Hold 2nd reading by title only, waive further reading, and adopt Ordinance No. 1979 amending Chapter 17.37 of the Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the Ordinance to be Statutorily Exempt from the California Environmental Quality Act.
C. APPROVE THE ESTABLISHMENT OF THE JOB SPECIFICATIONS AND
SALARY RANGE FOR SHELTER ATTENDANT
Approve the establishment of the job specifications and salary range for a part- time Shelter Attendant.
e. TREASURER'S REPORT FEBRUARY 2023
Receive and file the February 2023 Treasurer's Report.
RESOLUTION TERMINATING THE POLICY AND PLAN AGREEMENT
BETWEEN THE CITY OF UPLAND AND HISTORIC DOWNTOWN UPLAND, INC. REGARDING THE DISTRIBUTION OF PARKING AND BUSINESS
IMPROVEMENT AREA FUNDS
Adopt Resolution No. 6709 terminating the Policy and Plan Agreement between the City of Upland and Historic Downtown Upland, Inc., dated April 22, 2019, regarding the distribution of Parking and Business Improvement Area funds in the Downtown.
g. REVIEW OF THE 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT
ON IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT
Receive comments from the public on the 2022 Housing Element Annual Element Progress Report and direct staff to submit it to the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
h. CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH
DISTRIBUTORS OF OPIOIDS, WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID
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MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND
ALLERGAN FINANCE, LLC/ALLERGAN LIMITED
Adopt Resolution No. 6710 authorizing the City Manager to enter into the settlement agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance LLC/Allergan Limited, agree to the terms of the State - Subdivision Agreements, and authorize entry into the State -Subdivision Agreements with the Attorney General.
d. ATHLETIC FACILITIES POLICY AND PROCEDURE UPDATE
There was discussion regarding the Upland School District's use of the baseball fields, the maintenance of the fields, and the fees charged to the leagues.
City Manager Blay stated that the city would work with Upland High School and Western Christian High school regarding a memorandum of understanding for shared use of the fields.
Councilmember Zuniga requested that the Upland Unified School District be removed from Priority Group Classification One.
Councilmember Maust requested that the reservation packet include a form for the applicant to complete if they propose making any improvements or changes to the fields.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the proposed changes to the Athletic Facilities Policy and Procedures Manual (formerly Sports Field Policy Handbook) including the removal of Upland Unified School District from Priority Group One, and adding a form to the reservation packet for the applicant to complete if they propose making any changes or improvements to the fields; and adopt Resolution No. 6711 amending the master fee schedule to establish an additional user group category for the use of athletic facilities.
Motion: Carried Unanimously
11. PUBLIC HEARINGS
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Nothing to report.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including events they attended.
15. CITY MANAGER
City Manager Blay, provided information on the City's RAISE -UP Grant Program.
16. ADJOURNMENT
At 7:52 p.m., Mayor Velto adjourned in memory of residents Margaret Mistretta and Bill Landecena. The next regularly scheduled City Council meeting is Monday, April 10, 2023.
Keri Johnso , City lerk
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