MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL July 24, 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, 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 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. 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 The Council reconvened in open session at 7:01 p.m.
5. INVOCATION
Reverend Jan Chase, Unity Church of Pomona
6. PLEDGE OF ALLEGIANCE
Led by Bob Cable
1 7. PRESENTATIONS
Recognition of Light Up the Night Sponsors
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report on Item 4A on the agenda and there was no reportable action during Closed Session. 9, ORAL COMMUNICATIONS
Chris Scarzo, Upland, spoke about the negative experience he had dealing with weed abatement staff regarding the fees assessed to his property.
Rondee Mullenaux, Upland, spoke regarding the public hearing that was held regarding a non-conforming property on 11th Avenue and asked the Council to consider the health of the neighborhood and reconsider the extension of the amortization period.
Garrett Mullenaux, Upland, spoke in opposition of the City extending the non-conforming use of a property on 11th Avenue and stated there are issues with truck traffic and exhaust fumes in the neighborhood.
Rob Perhamus, Upland, thanked the Council and staff.
10. CONSENT CALENDAR
Councilmember Garcia removed Consent Calendar Item 10i for separate action.
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of June 26, 2023.
b. DESIGNATION OF VOTING DELEGATE FOR THE ANNUAL LEAGUE OF
CALIFORNIA CITIES CONFERENCE
Appoint Mayor Velto as the voting delegate, and Mayor Pro Tem Garcia and Councilmember Breitling as alternate voting delegates, to represent the City of Upland at the League of California Cities General Assembly Meeting on September 22, 2023.
c. CONSIDER A RESOLUTION TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE COVID-19 VIRUS
Adopt Resolution No. 6733 terminating the existence of a local emergency caused by the Novel Coronavirus (COVID-19).
d. WARRANT AND PAYROLL REGISTER FOR JUNE 2023
Approve June warrant registers (check numbers 43899-44216) and direct disbursements totaling $12,095,575.94 and payroll.
2 e. CONSIDER APPROVING THE RECLASSIFICATION OF TWO PART-TIME
PARK RANGER POSITIONS TO ONE FULL-TIME PARK RANGER POSITION Approve the reclassification of two (2) part-time Park Ranger positions to one (1) full-time Park Ranger position and approve a budget adjustment of $22,291 from fund balance in the General Fund.
f. TREASURER'S REPORT JUNE 2023
Receive and file the June 2023 Treasurer's Report.
g. CONSIDER ADOPTING RESOLUTIONS TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6734 authorizing the levy of special taxes in: Community Facilities District 2003-1 (Upland 54); Community Facilities District 2003-2 (The Colonies at San Antonio) - Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District 2015-1 (Sycamore Hills) Improvement Area No. 1 and Improvement Area No.2; Community Facilities District 2016-1 (Harvest at Upland) Improvement Area No. 1 and Improvement Area No. 2; Community Facilities District No. 2022-1 (Enclave at Upland); Community Facilities District 2016-2 (Harvest Maintenance); and Community Facilities District 2017-1 (Sycamore Hills Maintenance Services)for Fiscal Year 2023-24. h. CONSIDER ADOPTING A RESOLUTION APPROVING A TRANSFER OF FUND BALANCE TO SECTION 115 TRUSTS AND OTHER CITY COUNCIL
DESIGNATED ACCOUNTS
Adopt Resolution No. 6735 approving a transfer of fund balance to Section 115 Trusts and other City Council designated accounts in conjunction with the General Fund Reserve Policy.
CONSIDER APPROVAL OF BLANKET PURCHASE ORDERS FOR PUBLIC
WORKS UTILITIES DIVISION
Assistant City Manager Parker clarified the purpose of the blanket purchase orders.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve various Public Works blanket purchase orders.
Motion: Carried Unanimously
11. PUBLIC HEARINGS
a. PUBLIC HEARING TO CONSIDER DELINQUENT WATER, SEWER, AND
REFUSE SERVICE CHARGES TO BE COLLECTED ON THE TAX ROLL
Assistant City Manager Parker presented the staff report, which is on file in the City Clerk's office.
Mayor Velto opened the Public Hearing.
3 Ryan Abouchedid, stated that he received a notice for delinquent water and sewer services, but the delinquency was prior to his purchase of the home. He further stated that he did not feel he should be responsible for debt he did not incur.
Ruhong Annie Wei, Upland, stated that she is an Agent for a property with delinquent water charges and stated that her client had never received a bill for the services and the charges were incurred by the prior tenant over a period of four years. She further stated that she had inquired regarding any outstanding balance when the prior tenant moved out and was told there was no outstanding balance.
Tianchen Mark Qiu, Irvine, spoke regarding his parent's property which has delinquent water charges and stated that the prior tenants incurred the charges and his parents did not receive any notices.
Steve Martinson, Upland, stated that he owns a rental property in the City and his tenants incurred the delinquent charges, but he never received any late notices until he received the notice for the public hearing. He stated that he paid the bill to avoid the charges being placed on the property tax bill.
There being no further speakers, Mayor Velto closed the Public Hearing.
Assistant City Manager Parker answered questioned posed by the Council regarding the notification process to property owners, the responsible party for water services, and changes in the process moving forward.
Moved by: Mayor Velto
Seconded by: Councilmember Zuniga
Authorize staff to place the delinquent charges on the tax roil provided, however with respect to those property owners who spoke during the public hearing, if staff confirms that they failed to receive notice then staff can remove them from the delinquent list.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmember Breitling provided information from his attendance of the Upland Library Board meeting.
Councilmember Zuniga provided information from his attendance of the San Antonio Water Company Board meeting.
b. PUBLIC WORKS COMMITTEE MEETING, JULY 11, 2023
Councilmember Breitling provided a recap of the meeting.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
4 Councilmembers announced various activities throughout the community, including providing an update on events they attended.
15. CITY MANAGER
16. ADJOURNMENT
At 8:14 p.m., Mayor Velto adjourned in memory of Kenny Sexton, City of Upland Employee. The next regularly scheduled City Council meeting is Monday, August 14, 2023.
Keri Johnson, ity Clerk
5