MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL July 22, 2024
6:00 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.
4. CLOSED SESSION
5. INVOCATION
Jim Thomas, Church of Jesus Christ Latter Day Saints
6. PLEDGE OF ALLEGIANCE
Led by Councilmember Garcia
7. PRESENTATIONS
Recognition of the 2024 Light Up the Night Sponsors
Recognition of the 2024 Woman of the Year Honoree, Detective Cynthia Leal -Garcia, recently recognized by Assemblymember Freddie Rodriguez Recognition of the 2024 Veteran of the Year Honoree, Corporal Quinn Hanley, recently recognized by Assemblymember Freddie Rodriguez
8. CITY ATTORNEY
City Attorney Deitsch stated he had no reports.
9. ORAL COMMUNICATIONS
1 Marco Thule, Upland, provided updates on Inland Empire Utilities Agency activities and programs.
Barbara Schwartz, Upland, spoke regarding traffic safety concerns in her neighborhood.
Brian Taylor, Upland, stated concerns regarding the proposed CPI water rate increase and the effect it would have on economically disadvantaged residents. He further suggested an alternate rate schedule.
Jeffery Persiani, Upland, spoke regarding traffic safety concerns in his neighborhood and stated that there is excessive speeding in the area.
Kevin Payton, Upland, stated the he has experienced deprivation of rights under color of law by Upland Police Department.
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10b for separate action.
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 June 24, 2024.
C. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE
Accept notice that the City's Conflict of Interest Code requires amendments. d. CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE BOOKING SERVICES AGREEMENT WITH ALLIED UNIVERSAL (PREVIOUSLY G4S) Approve the second amendment to the original agreement with Allied Universal (previously known as G4S); and authorize the City Manager to execute the amendment.
e. CONSIDER ADOPTING A RESOLUTION TO LEVY AND COLLECT SPECIAL TAXES
Adopt Resolution No. 6784 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 2024-25.
CONSIDER APPROVAL OF THE REVISIONS OF THE JOB SPECIFICATIONS
FOR THE BUILDING OFFICIAL CLASSIFICATION
2 Approve the revisions to the job specifications for the Building Official classification.
g. CONSIDER APPROVAL OF A BUDGET OBLIGATION FOR ADMINISTRATIVE
COSTS OF AMERICAN RESCUE PLAN ACT FUNDS
Approve a $1,521,371 budget/obligation of American Rescue Plan Act "ARPA" funds for the administration of ARPA proceeds.
h. CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH RICHARDS, WATSON, AND GERSHON
Approve a second amendment to the legal services agreement with Richards, Watson and Gershon and authorize the City Manager to sign the amendment.
TREASURER'S REPORT JUNE 2024
Receive and file the June 2024 Treasurer's Report.
CONSIDER APPROVAL OF JUNE 2024 WARRANT AND PAYROLL
REGISTERS
Approve the June 2024 warrant registers (check numbers 48310-48709 and direct disbursements totaling $17,992,981.04) and payroll registers totaling $1,964,751.29 (check numbers 163785-163945 and electronic fund transfers 48329-48883).
k. CONSIDER APPROVAL OF A 2024 PURCHASE ORDER INCREASE AND 2025 PURCHASE ORDER FOR EUROFINS EATON ANALYTICAL, INC.
Approve an $89,000 increase to the FY 2023/24 blanket purchase order and approve a $175,000 blanket purchase order for FY 2024/25 for Eurofins Eaton Analytical Inc.
CONSIDER APPROVAL OF A PARK RESTROOM MAINTENANCE SERVICES
CONTRACT
Approve a contract with Guaranteed Janitorial Services, Inc. for Park Restroom Maintenance Services (Cleaning/Lockup) and authorize the City Manager to execute the agreement.
M. CONSIDER AWARD OF BID FOR PROJECT NO. 92102, 92106 & 92107, RESERVOIR R-7. R-12 & R-13 OVERFLOW AIR GAP INSTALLATION PROJECT (BID NO. 2024-04)
Approve the plans and specifications for Project No. 92102, 92106 & 92107, Reservoir R-7, R-12 & R-13 Overflow Air Gap Installation; award a construction contract to C.P. Construction Co., Inc. in the amount of $175,000, approve a construction contingency in the amount of $25,000 for a total amount of $200,000; and authorize the City Manager to execute the agreement and any future amendments within the City Manager's authority.
n. CONSIDER ACCEPTANCE OF THE RESERVOIR R-2 AND R-16 OVERFLOW
AIR GAP PROJECT NOTICE OF COMPLETION
3 Accept the work; authorize the City Manager or his designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Reservoir R-2 and R-16 Overflow Air Gap Installation Project. o. CONSIDER APPROVAL OF TRACT MAP 20606 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9th STREET
Approve Tract Map 20606 for recordation and authorize the City Manager to execute the subdivision agreement.
P. CONSIDER APPROVAL OF PARCEL MAP 20715 AND SUBDIVISION AGREEMENT, LOCATED AT 1450-1470 W. 9TH STREET
Approve Parcel Map 20715 for recordation and authorize the City Manager to execute the subdivision agreement.
b. CONSIDER APPROVING A RESOLUTION ADOPTING A MISSION
STATEMENTAND VISION STATEMENT
Council provided a recap of the goal setting workshop which resulted in the Mission Statement and Vision Statement.
Moved by: Councilmember Breitling
Seconded by: Counciimember Maust
Approve Resolution No. 6783 adopting a Mission Statement and Vision Statement.
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 along with an updated delinquent list which was updated to reflect payments made after the posting of the agenda.
Mayor Velto opened the public hearing.
Farivar Azizi, Upland, stated that he tried to make a payment arrangement and is going through financial difficulties.
Gerardo Covarrubias, Upland, stated that he has gone through difficult times and has been unable to pay the full amount on his account, but would like to arrange a payment plan.
Hearing no further testimony, Mayor Velto closed the public hearing.
Assistant City Manager Parker answered questions posed by the Council regarding payment arrangements and outstanding utility accounts.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
4 Accept the report of delinquent water, sewer, and refuse service charges, and authorize the delinquent charges to be placed on the tax roll.
Motion: Carried Unanimously
b. CONSIDER APPROVAL OF THE 2024 WEED ABATEMENT PROGRAM
SPECIAL ASSESSMENT LIST AND THE PLACEMENT OF SPECIAL
ASSESSMENTS ON THE ASSOCIATED PROPERTIES
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report.
Mayor Velto opened the public hearing.
Michael Leon, Upland, stated that he was on vacation when the citation was received and provided reasons why some of the landscape was overgrown.
Kent Ward, Upland, stated that he has been working on his landscape, but he can only fit a limited amount of succulents in the green waste bin.
Hearing no further testimony, Mayor Velto closed the public hearing.
Weed Abatement Coordinator Hernandez answered questions posed by the Council regarding the existing fees on the properties.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Approve the 2024 Weed Abatement Program Special Assessment List and authorize staff to submit the list to the San Bernardino County Tax Assessor's Office for placement of special assessments (property liens) on the properties.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
13. BUSINESS ITEMS
a. CONSIDER APPROVAL OF A THIRD AMENDMENT TO THE CITY MANAGER
EMPLOYMENT AGREEMENT
City Attorney Deitsch presented the staff report and provided an oral report of the compensation provided in the amendment.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the Third Amendment to the City of Upland City Manager Employment Agreement with Michael Blay, providing him with a 4% COLA with an effective date of June 23, 2024, as identified in the Executive Management Compensation and Benefit Plan approved by the City Council on June 12, 2023. 1 Motion: Carried Unanimously
b. CONSIDER ADOPTING RESOLUTIONS PLACING A BUSINESS LICENSE TAX
MEASURE ON THE NOVEMBER BALLOT
Assistant City Manager Parker presented the staff report along with a PowerPoint presentation.
There was discussion regarding the revenue projected annually with the proposed business license tax compared to the revenue that would have been generated by a sales tax measure.
City Manager Blay provided information on why the City did .not pursue a sales tax measure in the 2024 General Municipal Election.
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Adopt Resolution No 6785 calling for the placement of a Business License Tax Measure known as the "Upland public safety, streets, city services measure" on the November 5, 2024 General Municipal Election Ballot for submission to the qualified voters; and
Motion: Carried Unanimously
Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6786 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide General Election to be held on that date ;pursuant to §10403 of the Elections Code; and
Motion: Carried Unanimously
Moved by: Councilmember Zuniga
Seconded by: Councilmember Breitling
Adopt Resolution No. 6787 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 5, 2024 General Municipal Election.
Motion: Carried Unanimously
C. CONSIDER SETTING A PUBLIC HEARING AND DIRECTING STAFF TO PREPARE A PROP 218 NOTIFICATION FOR A WATER AND SEWER RATE CPI
INCREASE
Interim Public Works Director Alanis presented the staff report and answered questions posed by the Council regarding a tiered water rate increase.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Direct staff to prepare a Proposition 218 notice for a rate increase to recover the FY 2023/2024 Consumer Price Index (CPI) effective November 1, 2024 for water and sewer service rates and set a Public Hearing for October 14, 2024.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
15. CITY MANAGER
16. ADJOURNMENT
At 7:27 p.m., Mayor Velto adjourned in memory of Wilbert "Bill' Alexander Cobbs, longtime Upland Resident and actor. The next regularly scheduled City Council meeting is Monday, August 12, 2024.
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