MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL November 27, 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 5:00 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS -DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
CLOSED SESSION - 5:00 P.M.
4. CLOSED SESSION
At 5:01 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 b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Case Name: In re: Aqueous Film -Forming Foams Products Liability Litigation, Case No. 2:18-mn-2873-RMG
1 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
d. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
City Designated Representatives: Mayor Bill Velto and City Attorney Stephen Deitsch
Unrepresented Employee: City Manager
The City Council recessed from closed session at 6:09 p.m.
The City Council reconvened in open session at 7:01 p.m.
5. INVOCATION
Deacon Richard Simpson, St. Anthony's Catholic Church
6. PLEDGE OF ALLEGIANCE
Led by Councilmember Zuniga
7. PRESENTATIONS
Presentation on the 2023 Hometown Holiday Parade & Faire.
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items 4a, 4b, and 4c, but did not discuss item 4d. There was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar 10e for separate action.
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 November 13, 2023. b. 2ND READING OF ORDINANCE NO. 1983 IMPLEMENTING SENATE BILL 998
DISCONTINUATION OF RESIDENTIAL WATER SERVICE POLICY
Hold second reading by title only, waive further reading, and adopt Ordinance No. 1983 repealing and replacing Chapters 13.12.030 through 13.12.100 and 2 Chapter 34 of Title 13 of the Upland Municipal Code relative to the implementation of the City's Senate Bill 998 Policy on Discontinuation of Water Service Due to Nonpayment.
C. CONSIDER APPROVAL OF AN AGREEMENT WITH KEENAN & ASSOCIATES
AS THE CITY'S THIRD -PARTY ADMINISTRATOR FOR THE WORKERS'
COMPENSATION PROGRAM
Approve a professional services agreement with Keenan & Associates to serve as the City's Third -Party Administrator for the Workers' Compensation Program for the period of January 1, 2024 through June 30, 2026; and authorize the City Manager to execute the agreement.
d. CONSIDER ADOPTING A RESOLUTION AMENDING THE ADMINISTRATIVE
CITATION FINE SCHEDULE
Adopt Resolution No. 6751 amending the administrative citation fine schedule by adding an administrative fine for violation of the Upland Municipal Code section
13.12.060(B).
CONSIDER ADOPTING A RESOLUTION AMENDING THE CITY'S WATER
SHUTOFF POLICY
Adopt Resolution No. 6752 amending the City's written policy regarding Discontinuation of Residential Water Service Due to Nonpayment (Water Shutoff Policy).
g. RESOLUTION OF INTENTION TO SELL PROPERTY AT THE SOUTHWEST CORNER OF WASHINGTON BLVD. AND SIXTH AVENUE (APN 1046-433-25)
AND SET PUBLIC HEARING DATE
Adopt Resolution No. 6753 of Intention finding that public interest and convenience require the sale of certain real property, declaring its intent to sell such property, setting a public hearing date for consideration of protests, and finding that the same does not constitute a "project" and is not subject to review under the California Environmental Quality Act.
CONSIDER APPROVAL OF AN AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL, INC. TO COMPLETE THE 2021-2029 6TH CYCLE HOUSING
ELEMENT UPDATE
Approve the professional services agreement with Michael Baker International, Inc. in the amount of $78,000 to complete the 2021-2029 6th Cycle Housing Element Update, pursuant to State Planning and Zoning Law; and authorize the City Manager to execute the agreement.
CONSIDER APPROVAL OF TRACT MAP 20519 AND SUBDIVISION
AGREEMENT, LOCATED AT 1400 ARROW HIGHWAY
Approve Tract Map 20519 for recordation and authorize the City Manager to sign the subdivision agreement.
TREASURER'S REPORT OCTOBER 2023
Receive and file the October 2023 Treasurer's Report.
3 e. CONSIDER APPROVAL OF PROCUREMENT OF CONCRETE TABLES FOR
CITY PARKS AND THE APPROPRIATION OF ARPA FUNDS
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Approve the appropriation of $270,000 in unbudgeted ARPA funds for the purchase of concrete tables and trash receptacles for City parks; and authorize the City Manager to execute any necessary documents to complete the purchase. Refer the installation plan for trash receptacles to the Public Works Committee for review,
Motion: Carried Unanimously
11. PUBLIC HEARINGS
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
13. BUSINESS ITEMS
a. CONSIDER REAL PROPERTY PURCHASE OF 650 DIAMOND COURT Housing Manager Cotto presented the staff report along with a PowerPoint presentation.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the proposed purchase and sale agreement for real property acquisition and rehabilitation of 650 Diamond Court, Upland and authorize the City Manager to execute all related documents to effectuate the acquisition and rehabilitation of the property.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
15. CITY MANAGER
City Manager Blay announced the commencement of construction on the Arrow Highway rehabilitation project.
16. ADJOURNMENT
At 7:24 p.m., Mayor Velto adjourned in memory of Bob Waggoner, Upland resident. The next regularly scheduled City Council meeting is Monday, December 11, 2023. 0 Ken Johnson, Clerk