MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL May 8, 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 (arrived at 5:45 p.m.), 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 5:31 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS -DELETIONS TO AGENDA
City Clerk Johnson announced that Item 10J, Consideration of a lease agreement with Tesla, Inc. on a portion ofAPN: 1005-471-01 was removed from the agenda.
3. ORAL COMMUNICATIONS
None.
4. CLOSED SESSION
At 5:32 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 LABOR NEGOTIATORS
Government Code Section 54957.6
Agency designated representatives: Mayor and City Attorney Unrepresented group: City Manager
The Council reconvened in open session at 7:00 p.m.
1 5. INVOCATION
Mike Ingram, Christian Science Faith
6. PLEDGE OF ALLEGIANCE
Led by Carol Timm
7. PRESENTATIONS
Recognition of Upland Residents Serving in the Military Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Presentation of the Dave Steven's Historic Preservation Award
6. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Shawn Kahlon, stated that he was concerned about traffic in the community, high visibility of parked cards, vandalism, theft and fire safety and suggested that the City consider another location.
Daphne Lezo, announced an event happening at the Upland Public Library that is being hosted by Assemblymember Rodriguez's office.
10. CONSENT CALENDAR
Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of April 24, 2023.
b. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
VAN LANT & FANKHANEL, LLP FOR AUDITING SERVICES
Approve a professional services agreement with Van Lant & Fankhanel, LLP to provide the City with professional auditing services (for fiscal years ending June 30th of 2023, 2024 and 2025) through June 30, 2026, with two mutual one-year additional terms and a 5-year total not -to -exceed amount of $203,500; and authorize the City Manager to execute the agreement.
C. CONSIDER APPROVAL OF A SECOND AMENDMENT TO AN AGREEMENT
WITH ROBERT HALF INTERNATIONAL
Approve Amendment No. 2 to the professional services agreement with Robert Half International to provide the City with staff augmentation services; authorize 2 the City Manager to execute the amendment; and approve a budget adjustment of $67,000.
d. WARRANT AND PAYROLL REGISTER FOR APRIL 2023
Approve April warrant registers (check numbers 42984-43310 ) and direct disbursements totaling $14,648,910.62 and payroll.
e. CONSIDER ACCEPTANCE OF AGREEMENTS FOR WATER QUALITY
MANAGEMENT PLANS FOR VARIOUS PROJECT LOCATIONS
Approve the Covenant and Agreements Regarding Water Quality Management Plan for CUP 10-02, SI 20-37, and PM 20448; and authorize execution and recordation of said agreements.
CONSIDER APPROVAL OF PARCEL MAP 20558 AND SUBDIVISION
AGREEMENT, LOCATED AT 867 EAST 11TH STREET
Approve Parcel Map 20558 for recordation and authorize the City Manager to sign the subdivision agreement.
g. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NOBEL SYSTEMS INC.
Approve a professional services agreement with Nobel Systems Inc. (Nobel) for software subscription and support services; and authorize the City Manager to execute the agreement.
CALRECYCLE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM FY 2022-23 GRANT AWARD
Accept the CalRecycle Beverage Container Recycling City/County Payment Program FY 2022-23 grant award of $20,002 and appropriate the funds.
CONSIDER ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 19890 Accept the improvements for Parcel Map 19890 and release the improvement bonds.
CONSIDER APPROVAL OF A LEASE AGREEMENT WITH TESLA, INC. ON A PORTION OF APN: 1005-471-01 AND DETERMINE THAT THE LEASE IS
EXEMPT FROM CEQA
This item was removed from the agenda.
11. PUBLIC HEARINGS
a. CONSIDER A RESOLUTION APPROVING THE EXPENDITURE OF QUIMBY
FEES OUTSIDE A NEIGHBORHOOD WHERE THE FEES WERE COLLECTED
AND APPROVE AN AGREEMENT FOR DESIGN SERVICES
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 the area where the unallocated funds were collected and potential for a dog park in the northern end of the City.
Mayor Velto opened the public hearing.
3 Ann Simonson, Upland, stated that she utilizes the Baldy View dog park and the park is very busy and needs some improvements. She requested the Council approve the item.
Lois Sicking Dieter, Upland, requested that the City develop a second dog park in the City rather than improve an existing dog park, questioned the total cost of the project, and use of unallocated Quimby fees.
Lisa Nicely, Upland, stated that she takes her dog to the dog park almost daily and suggested that the park be expanded and improved, as well as improvements to parking.
Natasha Walton, Upland, stated that the park does appear to be in need of improvements, but suggested that the Council table the item until there was more information provided to the public regarding the improvements, and questioned where the funds were collected.
There being no other speakers, Mayor Velto closed the public hearing.
Council discussed the community outreach regarding the park improvements, the projected total cost of the project, and the next steps in the process.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6715 approving the expenditure of $800,000 in Quimby Fees outside a neighborhood where the fees were collected and approve a professional services agreement with Luke Sugino Architects, Inc. for design services at Baldy View Dog Park.
Motion: Carried Unanimously
b. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2023724
ANNUAL ACTION PLAN
Development Services Director Dalquest introduced Housing Manager Cotto and Housing Coordinator Avalos. Housing Manager Cotto presented the staff report, which is on file in the City Clerk's office.
City Council Advisory Committee Chair Schwary presented the recommendations of the Committee and answered questions posed by the Council regarding the application and consideration process for the distribution of the funds.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Adopt Resolution No. 6716 approving the City of Upland Program Year (PY) 2023-24 Annual Action Plan (AAP) and authorize the City Manager to execute any and all necessary related documents to implement the PY 2023-24 AAR Motion: Carried Unanimously
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12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmember Zuniga reported on his attendance of the San Bernardino County Transportation Authority meeting and a meeting of the San Antonio Water Company board.
Mayor Velto reported on his attendance of the Omnitrans Board meeting.
Councilmember Breitling reported on his attendance of the 2023 Southern California Association of Governments Annual Conference as the City's delegate. b. FINANCE COMMITTEE MEETING, APRIL 26, 2023
Councilmember Maust provided a recap of the meeting.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
Councilmembers commented on recent activities in the community.
15. CITY MANAGER
City Manager Blay provided an update on 1-10 Corridor Project road closures.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:35 p.m. The next regularly scheduled City Council meeting is Monday, May 22, 2023.
Keri Johns , City Clerk
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