James Breitling, Mayor Pro Tem - District 2 Michael Blay, City Manager Carlos A. Garcia, Councilmember - District 3 Stephen P. Deitsch, City Attorney 5hannan Maust, Councilmember - District 1 Aeri Johnson, City Clerk Rudy Zuniga, Councilmember - District 4
Thursday, August 29, 2024
1:30 p.m.
SPECIAL MEETING
Notice is hereby given that Mayor Bill Velto of the Upland City Council, pursuant to Government Code Section 54956, does hereby call a Special Meeting of the Upland City Council Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.
City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.
Pages
CALL TO ORDER AND ROLL CALL
2. ORAL COMMUNICATIONS
Pursuant to Government Code Section 54954.2, any member of the public may address any item listed on the agenda. Anyone wishing to address the legislative body should submit a speaker card to the City Clerk at or prior to speaking. Speakers shall keep their comments to no more than three (3) minutes.
CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
3. AGENDA ITEMS
a. CONSIDER ADOPTING A RESOLUTION AMENDING THE BALLOT LABEL 3 FOR CITY OF UPLAND 1 % SALES TAX FOR GENERAL CITY SERVICES -
MEASURE N
CEQA: Not a Project.
Recommended Action:
The City Council adopt a Resolution amending Resolution No. 6788 and, in particular, the language in the ballot label for the General Tax Measure — known as the City of Upland 1 % Sales Tax for General City Services — on the ballot for the November 5, 2024 General Municipal Election for the submission to qualified voters of an Ordinance to enact a General Transactions and Use Tax (sales tax) at the rate of one -percent (1 %). (Stephen Parker)
4. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, September 9, 2024.
NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.
All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On August 28, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov
P. `l FU P LA N D
"The City of Gracious Living"
C�tIFOB�S
DATE: August 29, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION AMENDING THE BALLOT LABEL FOR CITY OF UPLAND 1% SALES TAX FOR GENERAL CITY SERVICES - MEASURE N RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution amending Resolution No. 6788 and, in particular, the language in the ballot label for the General Tax Measure — known as the City of Upland Infrastructure, Public Safety and City Services Measure (Measure N) — on the ballot for the November 5, 2024 General Municipal Election for the submission to qualified voters of an Ordinance to enact a General Transactions and Use Tax (sales tax) at the rate of one -percent (1%).
GOAL STATEMENT
The proposed action supports the City's goal to promote community engagement by ensuring the voters are able to vote on Measure N.
BACKGROUND
On August 19, 2024, the City was served with a petition for writ of mandate and injunctive relief in the matter of Lois Sicking ("Plaintiff') v. City of Upland et al., San Bernardino Superior Court Case No. CIV SB 2424468 (the "Lawsuit"), which alleged certain defects in the language of the ballot label for the City of Upland Infrastructure, Public Safety and City Services Measure, also known as Measure N.
On August 28, 2024, the Court held a hearing on the Lawsuit, with the City and Plaintiff settled on a revision to the ballot label in which the label was revised to read:
"City of Upland 1% Sales Tax for General City Services. Shall the measure establishing a one -percent retail transactions and use (sales) tax, generating approximately $20,000,000 annually, until ended by voters, for general city services, such as the improvement and maintenance of infrastructure and provision of public safety services, be adopted?"
ISSUES AND ANALYSIS
In order to ensure that the voters are given the chance to decide on Measure N, it is recommended that the City Council adopt the Resolution with the revised ballot language for Measure N, as settled on by the Plaintiff and City.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a "project" and thus is exempt.
FISCAL IMPACTS
There are no costs to the City with this action. The cost of placing a ballot measure on the November 2024 General Municipal Election are already included in the City Clerk's FY 24/25 operating budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING RESOLUTION NO. 6788
AND, IN PARTICULAR, THE LANGUAGE IN THE BALLOT
LABEL OF THE GENERAL TAX MEASURE — KNOWN AS THE
CITY OF UPLAND 1% SALES TAX FOR GENERAL CITY
SERVICES ALSO KNOWN AS MEASURE N ON THE BALLOT
FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL
ELECTION FOR THE SUBMISSION TO THE QUALIFIED
VOTERS OF AN ORDINANCE TO ENACT A GENERAL
TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE
OF ONE PERCENT (1%)
WHEREAS, on August 9, 2024, the City Council adopted Resolution No. 6788 calling for the placement of a General Tax Measure - known as the City of Upland Infrastructure, Public Safety and City Services Measure - on the ballot for the November 5, 2024 General Municipal Election for the submission to qualified voters of an Ordinance to enact a General Transactions and Use Tax (sales) tax at the rate of one -cent (1�) and
WHEREAS, on August 19, 2024, the City was served with a writ of mandate and injunctive relief in the matter of Lois Sicking ("Plaintiff") v. City of Upland et al., San Bernardino Superior Court Case No. CIV SB 2424468 (the "Lawsuit"), in which the petitioner alleged certain defects in the language of the ballot label for Measure N as specified in Resolution No. 6788; and
WHEREAS, on August 28, 2024, the Plaintiff and City settled on a revision to the ballot label in which the label was revised to read as stated in Section 2 of this Resolution.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.
Section 2. The City Council, hereby approves the ballot label for the City of Upland 1% Sales Tax for General City Services, also known as Measure N, as revised by the Court to read as follows:
"City of Up/and 1% Sales Tax for Genera/ City Services, YES Shall the measure establishing a one -percent retail
transactions and use (sales) tax, generating approximately $20,000,000 annually, until ended by voters, for general city services, such as the improvement and maintenance of NO infrastructure and provision of public safety services, be adopted?"
Section 3. Reaffirmation of Provisions of Resolution No. 6788. Except as amended in this Resolution, all terms and provisions of Resolution No. 6788 shall remain in full force and effect.
Section 4. Certification & Election Coordination. The City Clerk shall certify the adoption of this Resolution. The City Clerk is further authorized, instructed and directed to take such actions as are necessary or appropriate to ensure that the revised ballot label for Measure N set forth in Section 2 of this Resolution is incorporated into all official ballots and in any other manner necessary in order to properly and lawfully conduct the election.
Section S. Filing with County. The City Clerk shall file with the Board of Supervisors and the County Clerk - Registrar of Voters of the County of San Bernardino, State of California, a certified copy of this Resolution.
Section 6. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).
Section 7. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
Section S. This Resolution shall become effective upon its adoption.
PASSED, APPROVED and ADOPTED this 29th day of August, 2024.
Bill Velto, Mayor
I, Jennifer Rodriguez, Deputy City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a special meeting of the City Council held on the 29th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Jennifer Rodriguez, Deputy City Clerk