MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL June 26, 2023
7:00 p.m.
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, Assistant City Attorney Thomas Rice, 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 6:00 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS -DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
CLOSED SESSION - 6:00 p.m.
4. CLOSED SESSION
At 6:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. LIABILITY CLAIM (WORKER'S COMPENSATION)
California Government Code Section 54956.95
Claimant: Richard Madrid
Agency: City of Upland
b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 531 E. 13th Street, located at the northwest corner of 13th Street and Campus Avenue (Assessor Parcel Number: 1045-392-43)
City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Housing Manager Diane Cotto
Negotiating Party: FPA Multifamily, LLC
Under Negotiation: Price and Terms
The City Council reconvened in open session at 7:00 p.m.
5. INVOCATION
Tia Faisal, Middle Ground Muslim Center
6. PLEDGE OF ALLEGIANCE
Led by Lieutenant Duran
7. PRESENTATIONS
Proclamation declaring July as Parks Make Life Better Month, accepted by Recreation and Community Services Manager Jessica Gandara
8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received reports and there was no reportable action during Closed Session.
Su Ann Li, Upland, spoke regarding her weed abatement issue and the actions she took to correct the issue.
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10J for separate action.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 12, 2023.
b. 2ND READING AND ADOPTION OF ORDINANCE NO. 1981 INCREASING THE
CITY COUNCIL AND CITY TREASURER SALARIES
Hold second reading by title only, waive further reading, and adopt Ordinance No. 1981 to increase salary compensation for members of the City Council and City Treasurer.
C. ANNUAL ADOPTION OF INVESTMENT POLICY
Adopt Resolution No. 6730 approving and adopting the Annual Statement of Investment Policy for Fiscal Year 2023-2024.
d. TREASURER'S REPORT MAY 2023
Receive and file the May 2023 Treasurer's Report.
2 e. CONSIDER APPROVAL OF A RESOLUTION AMENDING THE REGIONAL
SEWERAGE SUPPLEMENTAL CAPITAL OUTLAY FEE
Adopt Resolution No. 6731 amending the Regional Supplemental Capital Outlay fee to reflect an increase in the Inland Empire Utilities Agency fee from $7,600 to $8,132 per equivalent dwelling unit (EDU).
CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH J.G. BAUTISTA CONSULTING FOR ENGINEERING SERVICES
Approve a Professional Services Agreement with J.G. Bautista Consulting for engineering consultant services in an amount not to exceed $75,000 annually for the next three fiscal years and authorize the City Manager to execute the agreement.
g. CONSIDER AWARD OF BID FOR THE STORM WATER TRASH CAPTURE SYSTEM INSTALLATION PROJECT (PROJECT NO. 9149)
Approve the Specifications for the Storm Water Trash Capture System Installation Project (Project No. 9149); award the construction contract to United Storm Water, Inc. in the amount of $38,201; and approve a construction contingency in the amount of $11,799 for a total amount of $50,000 and authorize the City Manager to execute the agreement, and any future amendment and extension within the City Manager's authority. h. CONSIDER APPROVAL OF PARCEL MAP 20395 AND SUBDIVISION AGREEMENT, LOCATED AT 81 W. FOOTHILL BLVD
Approve Parcel Map 20395 for recordation and authorize the City Manager to sign the subdivision agreement.
CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR
CITYWIDE PAVEMENT SURVEY AND MANAGEMENT PROGRAM
Award a professional services agreement with Transmap for pavement condition data collection and pavement management program update in the amount of $118,644.35; approve a contingency in the amount of $17,755.65, for a total amount of $136,400.00; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority. k. CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO
PREPARE THE ADA SELF EVALUATION AND TRANSITION PLAN
Award a professional services agreement with Disability Access Consultants, LLC (DAC) for the data collection, analysis, and preparation of the ADA Self - Evaluation and Transition Plan in the amount of $172,630; and authorize the City Manager to execute the agreement and any future amendments/extensions within the City Manager's authority.
CONSIDER APPROVAL OF A CONSTRUCTION CONTRACT WITH LABASTIDA CONSTRUCTION TO REHABILITATE 663, UNIT 4, DIAMOND COURT Approve a construction contract with Labastida Construction to rehabilitate a City -owned housing unit within the Magnolia Colony complex that was damaged in a fire, and authorize the City Manager to execute the Agreement. 9 11.
12. M. ANNUAL MILITARY EQUIPMENT REPORT PER ASSEMBLY BILL NO. 481 Review Ordinance No. 1960 and approve the Annual Military Equipment Report regarding the Police Department's possession of military equipment per Assembly Bill 481.
CONSIDER APPROVAL OF THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ECONOLITE SYSTEMS, INC. FOR TRAFFIC
SIGNAL MAINTENANCE SERVICES
Public Works Director Yu answered questions posed by the Council regarding the services provided under the contract, the billable rates, meter replacement at intersections in the City, and the term of the contract.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Approve an amendment to the professional services agreement with Econolite Systems Inc. providing for a one-year term renewal; and authorize the City Manager to execute the agreement.
Motion: Carried with Councilmembers Breitling and Zuniga opposed.
PUBLIC HEARINGS
a. CONSIDERATION OF A RESOLUTION APPROVING THE ASSESSMENT OF
ADMINISTRATIVE FINES AND ESTABLISHING ASSESSMENT LIENS FOR
UNPAID ADMINISTRATIVE FINES
Police Chief Blanco presented the staff report which is on file in the City Clerk's office. Police Lieutenant Duran presented information on the administrative fine process and the assessed properties.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6732 approving the assessment report, assessing administrative fines, and establishing special assessment liens against parcels of real property in the City of Upland relating to unpaid administrative penalties under Section 1.10.090 of the Upland Municipal Code.
Motion: Carried Unanimously
COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
4 13. BUSINESS ITEMS
a. CONSIDERATION OF AN ORDINANCE AMENDING THE POWERS AND
DUTIES OF THE CITY MANAGER IN THE UPLAND MUNICIPAL CODE Assistant City Manager Parker presented the staff report, along with a PowerPoint, which is on file in the City Clerk's office.
The Council discussed options regarding signing thresholds, amendments to contracts, posting City Manager approved contracts on the website, and transparency to the public.
Assistant City Attorney Rice answered questions posed by the Council regarding the City's ability to terminate a contract.
Motion by Councilmember Zuniga to hold first reading by title only, waive further reading and introduce the Ordinance. Councilmember Zuniga withdrew the motion.
There was further discussion regarding transparency, purchasing policies, signing thresholds for the City Manager, and lowering the signing threshold during a City Manager's first year in the position.
Moved by: Councilmember Breitling
Hold first reading by title only, waive further reading and introduce the ordinance removing the $50,000 signing authority limit and setting the signing authority by Resolution; and direct staff to prepare a Resolution setting the signing authority for the City Manager at $100,000 for Public Works contracts, $50,000 for all other contracts including professional services, and limiting the City Manager signing authority to $25,000 during their first year as City Manager. Staff would also include all City Manager signed contracts on the Council agenda monthly.
Amendment:
Moved by: Mayor Velto
Seconded by: Councilmember Breitling
Table the item.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
Councilmember Maust was in consensus with Councilmember Breitling's request that staff bring forward a future agenda item providing information on resident use of the City's reporting apps and the type of requests that are received through the apps.
15. CITY MANAGER
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 8:57 p.m. The next regularly scheduled City Council meeting is Monday, July 10, 2023.
5 Keri has n, City Clerk