MINUTES OF THE REGULAR JOINT MEETING OF THE UPLAND CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE UPLAND
REDEVELOPMENT AGENCY
August 14, 2023
7:00 p.m.
Council Chamber
City Hall, 460 N Euclid Avenue
Members Present: Mayor/Agency Chairperson Bill Velto, Councilmember/Agency Board Member James Breitling, Councilmember/Agency Board Member Carlos A. Garcia, Councilmember/Agency Board Member Shannan Maust, Councilmember/Agency Board Member Rudy Zuniga
Staff Present: City Manager/Executive Director Michael Blay, City Attorney/Agency Counsel Stephen P. Deitsch, City Clerk/Agency Secretary Keri Johnson
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council and the Successor Agency to the Upland Redevelopment Agency was called to order by Mayor/Agency Chairperson 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: Diadra Hobson v. City of Upland
San Bernardino County Superior Court of California Case No. CIVSB2131752 1 b. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 650 Diamond Court, Upland (APN: 1046-351-12-0000) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, and Housing Manager Diane Cotto
Negotiating Party: Eusebio Leon, Leon Family Trust
Under Negotiation: Price and Terms
The City Council reconvened in open session at 7:01 p.m.
5. INVOCATION
Pastor Laurie Baiz, Life Bible Fellowship Church
6. PLEDGE OF ALLEGIANCE
Led by Assistant City Manager Parker
7. PRESENTATIONS
Presentation of a Certificate of Recognition to Caleb Delasantos for his assistance on a recent structure fire, presented by Battalion Chief Siciliano National Preparedness Month Proclamation and Presentation with Klasha Ray, San Bernardino County Office of Emergency Services
Presentation of the Baldy View Dog Park plan and recognition of Luke Sugino and Carla Czerwinski with Luke Sugino,Architects, Inc.
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Items 4A and 4B on the agenda and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10M 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 July 24, 2023.
b. CONSIDER ACCEPTANCE OF THE 2018 JUSTICE ASSISTANCE GRANT 2 Accept the City's share of the 2018 Justice Assistance Grant (JAG) award in the amount of$15,270 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.
c. CONSIDER ACCEPTANCE OF THE 2019 JUSTICE ASSISTANCE GRANT AND
APPROPRIATE THE FUNDS
Accept the City's share of the 2019 Justice Assistance Grant (JAG) award in the amount of$15,732 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan, direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.
d. CONSIDER ACCEPTANCE OF THE 2021 JUSTICE ASSISTANCE GRANT AND
APPROPRIATE THE FUNDING
Accept the City's share of the 2021 Justice Assistance Grant award in the amount of$19,513 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; direct Finance to allocate the grant funds to fund 219; and authorize the City Manager to execute any and all documents necessary to implement the grant.
e. CONSIDER APPROVAL OF A PROFESSIONAL MAINTENANCE AGREEMENT
FOR ON-CALL ASPHALT PAVEMENT REPAIRS
Approve an On-Call Asphalt Pavement Repairs Agreement with Hardy & Harper, Inc. in the amount of $300,000 annually, for a total contract amount not-to- exceed $900,000; and authorize the City Manager to execute the agreement. f. CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC, INC.
Approve the first amendment with ADVANTEC Consulting Engineers, Inc., increasing the annual contract amount by $50,000 for a total annual amount of $150,000.
g. CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC.
Approve the first amendment with HR Green Pacific, Inc. for development plan, map review services, and staff augmentation to increase the contract amount for FY 2022-23 in the amount of $35,000 for a total contract amount for FY 2022-23 of $95,000; and reduce the contract amount for FY 2023-24 in the amount of $35,000 for a total FY 2023-24 contract amount of$25,000. h. CONSIDERATION OF WATER SHORTAGE CONTINGENCY PLAN LEVEL Adopt Resolution No. 6736 setting the Water Shortage Contingency Plan to Level
1. i. CONSIDER APPROVAL OF AN AMENDMENT TO A PROFESSIONAL
SERVICES AGREEMENT FOR METROLINK SECURITY SERVICES
3 Approve amendment No. 1 to the Professional Services Agreement between the City of Upland and American Global Security, Inc. for Metrolink Station Security Guard Services; extending the agreement for an additional one (1) year; increase the contract amount by $153,342.70 for a total contract amount of $423,952.70; approving an additional allocation of $13,342.70 under account number 101- 5413-5253-54130; and authorizing the City Manager to execute any and all necessary and related documents to implement the amendment. j. MEASURE I CAPITAL IMPROVEMENT PLANS AND CAPITAL PROJECT
NEEDS ANALYSIS
Adopt Resolution No. 6737 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028, and adopt Resolution No. 6738 approving the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025 through 2028/2029.
k. CONSIDER ACCEPTANCE OF THE NOTICE OF COMPLETION FOR
PROJECT NO. 70003 AND 70009, CITYWIDE STRIPING REPLACEMENT Accept the work; authorize the City Manager or designee to record the Notice of Completion; and to reduce the Faithful Performance Bond to 10% for Project No. 70003 and 70009, Citywide Striping Replacement.
I. ADOPT A RESOLUTION AMENDING THE SALARY SCHEDULE FOR PART-
TIME EMPLOYEES
Adopt Resolution No. 6739 amending the Salary Schedule for part-time employees.
n. AUTHORIZE THE CITY MANAGER TO JOIN THE CALIFORNIA DEPARTMENT
OF TECHNOLOGY'S CONTRACT FOR MICROSOFT LICENSES AND
APPROVE A PURCHASE ORDER
Authorize the City Manager to join the California Department of Technology's cooperative agreement (Contract 9-19-70-0012A) with Crayon Software Experts, LLC for Microsoft 365 licenses for a 3-year period, and approve a purchase order with Crayon and Microsoft for FY 2023/24.
o. APPROVE AN AGREEMENT WITH COMPLETE PAPERLESS SOLUTIONS
FOR A CITYWIDE DOCUMENT SCANNING PROJECT
Approve a professional services agreement with Complete Paperless Solutions for a citywide document scanning project with a not to exceed of $350,000 by piggybacking on a competitively bid agreement negotiated by the City of Wildomar, and authorize the City Manager to execute the agreement. p. CONSIDER RESOLUTION AUTHORIZING THE TRANSFER OF
ADMINISTRATION OF THE CITY'S SECTION 115 TRUSTS
Adopt Resolution No. 6740 approving the adoption of the Multiple Employee OPEB/Pension 115 Trust Administered by Shuster Advisory Group, LLC. q. WARRANT AND PAYROLL REGISTER FOR JULY 2023
Approve July warrant registers (check numbers 44217-44515) and direct disbursements totaling $17,476,876.97 and payroll.
4 r. ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY FUND
ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN FOR
BALDY VIEW DOG PARK
Accept $1,000,000 in funding from the County of San Bernardino through Supervisors Armendarez's and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for upgrades to the Baldy View Dog Park, and authorize the City Manager to execute the agreement. s. CONSIDER ACCEPTANCE OF BOARD OF SUPERVISORS DISCRETIONARY
FUND ALLOCATION FROM SUPERVISORS ARMENDAREZ AND HAGMAN
FOR DOWNTOWN CAMERA PROJECT
Accept $500,000 in funding from the County of San Bernardino through Supervisors Armendarez's and Hagman's allocations of the Board of Supervisors Discretionary Fund — District Specific Priorities Program for a downtown camera project; and authorize the City Manager to execute the agreement. t. CONSIDER APPROVAL OF AN AMENDMENT TO THE LEGAL SERVICES
AGREEMENT WITH RICHARDS, WATSON AND GERSHON FOR TWO
REIMBURSABLE MATTERS
Approve an amendment to the legal services agreement with Richards, Watson and Gershon for two reimbursable matters.
m. CONSIDER APPROVAL OF A CONTRACT WITH ANTHESIS FOR CUSTODIAL
SERVICES AT RECREATION AND COMMUNITY SERVICES FACILITIES Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Approve an agreement with Anthesis for custodial services at the Recreation and Community Services facilities through June 30, 2026 with three additional one- year terms; authorize the City Manager to execute the agreement; and authorize a budget transfer of$75,000.
Motion: Carried Unanimously
11. PUBLIC HEARINGS
a. CONSIDER APPROVAL OF THE EXPENDITURE OF QUIMBY FEES OUTSIDE
A NEIGHBORHOOD WHERE THE FEES WERE COLLECTED TO UPGRADE
RESTROOMS IN CITY PARKS
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation.
Public Works Director Yu answered questions posed by the Council regarding locking of restrooms, the durability of materials against graffiti and the warranty on the epoxy.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
5 Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Adopt Resolution No. 6741 approving the expenditure of $115,000 in Quimby Fees outside a neighborhood where the fees were collected for restroom upgrades at Baldy View Park (located on 11th Street between Mountain and San Antonio Avenues) and Sierra Vista Park (located on 15th Street between 2nd and Campus Avenues), pursuant to Section 66477 of the California Government Code; and approve a budget amendment in the amount of $87,500 for overall restroom upgrades in City parks.
Motion: Carried Unanimously
b. CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE MASTER FEE
SCHEDULE
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Approve Resolution No. 6742 adopting the Master Fee Schedule and amending citywide fees to cover the cost of services.
Motion: Carried Unanimously
c. CONSIDER APPROVAL OF AN AMENDMENT TO THE PERMANENT LOCAL
HOUSING ALLOCATION FIVE YEAR PLAN GRANT
Development Services Director Dalquest introduced Housing Manager Cotto, who then presented the staff report.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Adopt Resolution No. 6743 approving an Amendment to the City of Upland's Permanent Local Housing Allocation (PLHA) grant; and authorize the City Manager to execute all necessary and related documents to the PLHA.
Motion: Carried Unanimously
d. CONSIDER APPROVAL OF THE 2023 WEED ABATEMENT PROGRAM -
COUNTY SPECIAL ASSESSMENT LIST
Housing Manager Cotto presented the staff report.
Mayor Velto opened the public hearing.
6 Anthony Salbino, Upland, stated the overall weed abatement is a good program, but he would like more details on the notice detailing the violations. He further stated that he requested photos and details of his violation, but never received them so he is contesting the fines assessed to his property.
Suzanne Johnson, Upland, stated she received fines for vines and sunflowers growing on her property. She further stated that they have planted drought tolerant plants and was cited for overgrowth of the plants. She also questioned inconsistencies in properties that are cited while other properties with nuisances are not cited.
Marc Smith, Upland, stated that he received a letter after he brought his property into compliance.
There being no further testimony Mayor Velto closed the public hearing.
There was discussion regarding the weed abatement process and the properties that are being assessed.
Development Services Director Dalquest provided information from the Upland Municipal Code, which is enforced as part of the weed abatement process.
There was discussion regarding the inspection timeline and public outreach process.
Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Remove Mr. Salbino and Mr. and Mrs. Johnson's properties from the assessment list; and approve the remaining 2023 Weed Abatement Program County Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessors Office.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
b. FINANCE COMMITTEE MEETING, JULY 26, 2023
Committee Chair Maust provided a recap of the meeting.
13. BUSINESS ITEMS
a. AWARD OF BID FOR ARROW HIGHWAY PAVEMENT REHABILITATION AND UTILITY IMPROVEMENTS (BID No. 2023-07)
Development Services Director Yu presented the staff report.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
7 Approve the Plans and Specifications for the Arrow Highway Pavement Rehabilitation and Utility Improvement Project; award the construction contract to All American Asphalt in the amount of $9,821,800; and authorize a construction contingency in the amount of $1,378,200, for a total amount of $11,200,000. It is further recommended that the City Council transfer $1,559,120 from the Infrastructure Improvement Reserve to the General Capital Project Fund and appropriate the funds to be used towards the project.
Motion: Carried Unanimously
b. CONSIDER ADOPTING A RESOLUTION APPROVING THE LAST AND FINAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEARS 2024/25 THROUGH 2036/37
Development Services Director Dalquest presented the staff report.
Moved by:Agency Board Member Zuniga
Seconded by:Agency Board Member Garcia
The Successor Agency Board adopt Resolution No. 2023-1 approving a Last and Final Recognized Obligation Payment Schedule (ROPS) covering Fiscal Years 2024/25 to 2036/37, and authorize staff to submit the Last and Final ROPS to the San Bernardino Countywide Oversight Board ("Countywide Oversight Board") for approval and to the California State Department of Finance for their review.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community.
15. CITY MANAGER
City Manager Blay announced that the City is in the process of updating the sidewalk master plan and August is clear the shelter month with discounts on pet adoptions.
16. ADJOURNMENT
Mayor/Agency Chairperson Velto adjourned the meeting at 8:35 p.m. The next regularly scheduled City Council meeting is Monday, September 11, 2023. eri Joh o-, City `lerk/A.,ency Secretary
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