MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL October 14, 2024
6:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling (arrived at 4:43 p.m.), 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 4:32 p.m. in the Council Chamber of the Upland City Hall.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
Excuse the absence of Councilmember Breitling
None.
None.
CLOSED SESSION - 4:30 p.m.
• •:
Motion: Carried Unanimously
At 4:33 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: 1.03-acre parcel located on Third Avenue, approximately 75 feet south of the Pacific Electric Trail and adjacent along the north side of the Coy D. Estes Senior Apartments, in the City of Upland (Assessor Parcel Number: 1046-411-54) City Negotiators: City Manager Michael Blay, Development Services Director Robert Dalquest, Housing Manager Diane Cotto and Housing Coordinator Lizzet Avalos
A-
L;]
7. 91
Q
Negotiating Party: Steven Dukett, Upland Community Housing, Inc.
Under Negotiation: Price and Terms of payment
b. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957
Title: City Manager
C. 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 reconvened in open session at 6:05 p.m.
INVOCATION
Jim Thomas, The Church of Jesus Christ of Latter-day Saints
PLEDGE OF ALLEGIANCE
Led by Sergeant Bryce Milakovich
PRESENTATIONS
Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT).
Inland Empire Utilities Agency Update.
CITY ATTORN EY
City Attorney Deitsch announced the City Council received reports on Closed Session Items 4a., 4b., and 4c. There was no reportable action during Closed Session.
ORAL COMMUNICATIONS
A number of individuals spoke in support of Measure N. They cited the Council's dedication and transparency, the City's fiscal responsibility, the need for a well -funded Police Department, the necessity for infrastructure repairs, and the desire for the City to have the resources needed to ensure that Upland remains a place where families and businesses can thrive. The following spoke:
Don Mowery, Upland
Marc Longanecker, Upland
Todd D'Braunstein
Ralph Cavallo, Upland
Ray Musser, Upland
Elizabeth Alvarez, Upland
Nancy Patterson, Upland
Glenn Bozar, stated the City's political sign ordinance was not being enforced and spoke in opposition of Measure N.
2 Jim Thomas, Upland, announced the upcoming Interfaith Council's 29th Annual Prayer Breakfast.
Kati Parker, Upland, stated that she is running for the Inland Empire Utilities Agency board and provided information on her background and qualifications.
10. CONSENT CALENDAR
Councilmember Zuniga removed Consent Calendar Item 10i. for separate action.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Special Meeting Minutes of September 23, 2024 and the Regular Meeting Minutes of September 23, 2024.
b. CONSIDER ADOPTING A RESOLUTION UPDATING THE CITY'S CONFLICT
OF INTEREST CODE
Adopt Resolution No. 6803 rescinding Resolution No. 6690 in its entirety and adopting a conflict of interest code applicable to designated positions, including members and staff of the City, Upland Public Financing Authority, Successor Agency to the Upland Housing Authority, City of Upland Parking Authority, and the City of Upland Financing Authority.
C. TREASURER'S REPORT AUGUST 2024
Receive and file the August 2024 Treasurer's Report.
d. CONSIDER ADOPTING A RESOLUTION SUPPORTING PROPOSITION 36,
THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT Adopt Resolution No. 6804 in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.
e. CONSIDER ACCEPTANCE OF THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT PT25117
Accept the Office of Traffic Safety (OTS) STEP grant funds (Grant No. PT25117) and authorize the appropriation of $170,000.
CONSIDER ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY
MOTORCYCLE SAFETY EDUCATION GRANT MC25008
Accept the Office of Traffic Safety (OTS) Ride to Live Motorcycle Education grant funds (Grant No. MC25008) and authorize the appropriation of the $20,000 in the Office of Traffic Safety fund.
g. AMERICAN RESCUE PLAN ACT ECONOMIC DEVELOPMENT BUDGET
AMENDMENT FROM BUSINESS ATTRACTION AND ASSISTANCE PROGRAM
TO COMMERCIAL REHABILITATION PROGRAM
2 Approve an economic development budget amendment to transfer $166,600 of American Rescue Plan Act ("ARPA") funds from the Business Attraction and Assistance Program ("BAAP") to the Commercial Rehabilitation Program ("CRP") and authorize the City Manager to execute any necessary documents to complete this transaction.
h. CONSIDER APPROVAL OF AGREEMENTS FOR LANDSCAPE MAINTENANCE
SERVICES FOR WATER FACILITIES
Approve two maintenance services agreements with CLS Landscape Management for landscaping maintenance of City of Upland water facilities; and authorize the City Manager to execute the agreements.
CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE
AGREEMENT FOR ON -CALL ASPHALT PAVEMENT REPAIR SERVICES WITH
HARDY AND HARPER
Approve the Second Amendment to the professional services agreement with Hardy & Harper and authorize the City Manager to execute the Amendment.
CONSIDERAN AWARD OF BID FORARPAALLEY REHABILITATION PHASE II City Attorney Deitsch confirmed that Councilmember Zuniga did not have a conflict of interest on the item.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Plans and Specifications for the ARPA Alley Rehabilitation Phase 11 Project; award the construction contract to Onyx Paving Company in the amount of $936,000; and authorize a construction contingency in the amount of $140,000, for a total amount of $1,076,000.
Motion: Carried Unanimously
CX"VLCR
a. CONDUCT PUBLIC HEARING AND CONSIDER APPROVING THE
PROPOSED WATER AND SEWER RATE CPI INCREASE
Interim Public Works Director Alanis presented the staff report along with a PowerPoint presentation. Director Alanis then answered questions posed by the Council regarding pass through rates, the proposed rates, past rate increases, aged infrastructure needs and repairs, and the cost to provide water and sewer services.
Mayor Velto opened the public hearing.
John Walvoord, Upland, questioned how much funding from Measure N would be allocated to streets and sidewalks and stated that he had issues with the language in the notice and the majority protest process.
Glenn Bozar, Upland, stated that the fee that others cities charge for water and sewer services is irrelevant and spoke regarding issues with the tiered water 3 rates and stand by fixed service charge. He further stated that the increasing rates over the years are difficult for residents on a fixed income.
Mark Gutglueck, Upland, questioned the rate comparison with other cities and stated the Claremont rates were extremely high.
Hearing no further testimony, Mayor Velto closed the public hearing.
City Attorney Deitsch clarified the Proposition 218 notification and majority protest process.
City Clerk Johnson announced the number of protests received and notified Council that a majority protest did not exist.
Moved by: Councilmember Breitling
Seconded by: Councilmember Zuniga
Approve Resolution No. 6805 adopting revisions adjusting the schedule of water and recycled water service rates, effective November 1, 2024.
Motion: Carried Unanimously
Moved by: Councilmember Maust
Seconded by: Councilmember Breitling
Approve Resolution No. 6806 adopting revisions to the schedule of sewer fees, effective November 1, 2024.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmember Garcia reported on his attendance at the ICSC conference and Councilmember Breitling reported on his attendance at the SBCTA meeting and the Library Board meeting.
b. PUBLIC WORKS COMMITTEE MEETING, OCTOBER 8, 2024
Committee Chairperson Breitling provided a recap of the meeting
13. BUSINESS ITEMS
a. CONSIDER ADOPTING AN ORDINANCE AMENDING CHAPTER 12.46 OF THE
UPLAND MUNICIPAL CODE FOR CAMPING AND STORAGE OF PERSONAL
PROPERTY
Police Chief Blanco introduced Sergeant Milakovich who presented the staff report. Police Chief Blanco answered questions posed by the Council.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
4 Hold the first reading by title only, waive further reading, and introduce Ordinance No. 1992 amending Upland Municipal Code Section 12.46.110 G. and removing Upland Municipal Code Section 12.46.110 H. pertaining to unlawful camping and storage of personal property.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
Councilmember Breitling suggested that staff bring back a future staff presentation regarding automatic CPI increases for water and sewer rates.
Councilmember Zuniga seconded Councilmember Garcia's request that staff bring a future agenda item with potential small businesses assistance programs.
15. CITY MANAGER
City Manager Blay announced upcoming public information meetings on Measure N.
16. ADJOURNMENT
At 8:03 p.m., Mayor Velto adjourned in recognition of Breast Cancer Awareness Month and in memory of those family members who have lost their battle with breast cancer.
The next regularly scheduled City Council meeting is Monday, October 28, 2024.
Keri hnso , Ci Clerk
5