MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL February 10, 2025
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 Ked 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 4:34 p.m. in the Council Chamber of the Upland City Hall. 10 CLOSED SESSION - 4:30 p.m.
At 4:35 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: John Doe V. City of Upland
San Bernardino County Superior Court of California Case No. CIVSB2220905 b. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
California Government Code Section 54956.9 (d)(2) - 1 or more potential cases The City Council reconvened in open session at 6:00 p.m.
5. INVOCATION
1 Jim Thomas, Church of Jesus Christ of Latter Day Saints
6. PLEDGE OF ALLEGIANCE
Led by Todd D'Braunstein
7. PRESENTATIONS
Presentation of Certificates of Completion to the Upland Community Emergency Response Team (CERT)
Recognition of the Sponsors of the Hometown Holiday Parade and Faire
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received reports on Closed Session Items 4a. and 4b. and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Steve Crest, Upland, commented on the slurry seal that was done in his neighborhood and suggested the use of a product that would last longer and also suggested that recently planted trees at the northwest corner of 17th Street and Euclid Avenue be removed as they reduce visibility at the intersection.
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10h for separate action.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously
Councilmember Breitling stated that he intended to remove Consent Calendar item 10g, not 10h and requested the Council reconsider the Consent Calendar.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Reconsider the Consent Calendar.
Motion: Carried Unanimously
Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar, excluding item 10g.
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of January 27, 2025. 2 b. CONSIDER ADOPTING A RESOLUTION AMENDING THE POLICIES AND
PROCEDURES RELATIVE TO CITY COMMITTEES APPOINTED TO ADVISE
THE COUNCIL
Adopt Resolution No. 6818 amending the policies and procedures relative to the establishment and operation of commissions, committees, boards, and authorities appointed to advise the Council.
C. ANNUAL COMPREHENSIVE FINANCIAL REPORT AND RELATED REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024
Receive and file the Annual Comprehensive Financial Report (ACFR), the Auditor's Communication with Those Charged with Governance, the Auditor's Report on Internal Control over Financial Reporting and Compliance and Other Matters, and the Independent Accountants' Report of Agreed -Upon Procedures Applied to Appropriations Limit Worksheets for the Fiscal Year ended June 30, 2024.
d. CONSIDER ADOPTING A RESOLUTION OPPOSING THE SOUTH COAST AIR QUALITY DISTRICT PROPOSED RULES 1111 AND 1121
Adopt Resolution No. 6819 Opposing South Coast Air Quality Management District Proposed Rules 1111 (Reduction of NOx Emissions from Natural Gas - Fired Furnaces) and 1121 (Reduction of NOx Emissions from Small Natural Gas - Fired Water Heaters) due to potential financial impacts on homeowners, renters, and businesses.
e. CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
THE PREPARATION OF A WATER AND RECYCLED WATER RATE STUDY Approve a professional services agreement with Raftelis Financial Consultants Inc. in the amount of $100,120 for the preparation of the 2025 Water and Recycled Water Rate Study; and authorize the City Manager to execute the agreement.
CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
THE PREPARATION OF A WASTEWATER RATE STUDY
Approve a professional services agreement to Raftelis Financial Consultants, Inc. in the amount of $58,520 for the preparation of a comprehensive wastewater rate study; and authorize the City Manager to execute the agreement. h. CONSIDER SETTING A PUBLIC HEARING DATE AND AUTHORIZE MAILING OF PROPOSITION 218 NOTICES FOR ESTABLISHMENT OF A SOLID WASTE
FRANCHISE FEE
Approve setting a Public Hearing on April 28, 2025, for the Solid Waste Enterprise Program rate adjustments; and authorize staff to mail Proposition 218 notices to all affected property owners at least 45 days prior to the public hearing to inform them of the proposed rate adjustments. These recommendations do not alter the solid waste rates. This portion of the 218 administrative process allows a full discussion and presentation at the public hearing.
CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE POLICE
DEPARTMENT'S MEN'S & WOMEN'S LOCKER REPLACEMENT PROJECT 3 Approve 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 Police Department's (PD) Men's & Women's Locker Replacement Project. j. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE BALDY
VIEW DOG PARK IMPROVEMENT PROJECT
Approve the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Baldy View Dog Park Project.
k. CONSIDER APPROVAL OF CHANGE ORDER NO. 1 FOR PROJECT NO. 82350 UPLAND PUBLIC LIBRARY HVAC REPLACEMENT PROJECT (BID NO. 2024-10)
Approve Change Order No. 1 for Project No. 82350, Upland Public Library-HVAC Replacement Project with Eco Green Vision, LLC., in the amount of $80,000.
I. CONSIDER APPROVAL OF A BUDGET ADJUSTMENT FOR STAFF
AUGMENTATION
Approve a net zero budget adjustment in the amount of $132,654 for staff augmentation and authorize the City Manager to execute the budget amendment.
M. CONSIDER APPROVAL TO REAPPROPRIATE $8,030 IN AMERICAN RESCUE
PLAN ACT FUNDS FOR THE SANTA FE DEPOT BUILDING PATIO ROOF
PROJECT
Reappropriate $8,030 of unused American Rescue Plan Act funds for the Santa Fe Depot Patio Roof Project from the following completed projects: 1) $100 from the Downtown Small Business Rehab Program; 2) $4,787.62 from the Micro - Retail Resiliency Program; 3) $2.127.11 from the Small Business Rental Assistance Program; and 4) $1,015.27 from the Downtown Parklets Project; and adopt Resolution No. 6820 approving an interdepartmental Memorandum of Understanding between the City Manager's Office and the Development Services Department to obligate American Rescue Plan Act funds in the total amount of $8,030 towards the Santa Fe Depot Patio Roof Project.
n. CONSIDER ADOPTING A RESOLUTION FOR THE 2025 WEED ABATEMENT
PROGRAM
Adopt Resolution No. 6821 declaring unmaintained weeds, grasses, vegetation, and dead or dying combustible debris a public nuisance and authorize staff to begin the 2025 Annual Weed Abatement Program.
o. CONSIDER APPROVAL OF A 2025 MILLS ACT CONTRACT FOR AN HISTORIC PROPERTY LOCATED AT 506 N. EIGHTH AVENUE
Approve the Mills Act contract for one historic property located at 506 N. Eighth Avenue and authorize the City Manager to execute the documents.
P. CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE LEASE
AGREEMENT WITH TESLA INC. FOR CITY OWNED SITE LOCATED AT THE CORNER OF 15TH STREETAND 6TH AVENUE
0 11
12. 13.
14. 15.
iT
Approve the First Amendment to the Lease Agreement between the City of Upland and Tesla Inc. for a 35,000 square foot area within a City -owned site that is 4.31 acres in size located at the northwest corner of 15th Street and 6th Avenue (APN: 1045-081-40 & 55); authorize the City Manager to execute the First Amendment to the Lease; and determine that the First Amendment to the Lease is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) and 15311; and direct staff to file a Notice of Exemption pursuant to the California Environmental Quality Act. g. CONSIDER APPROVAL TO SET A HEARING FOR ANNUAL PARCEL FEES TO
BE PLACED ON THE SAN BERNARDINO COUNTY TAX ROLL AND
AUTHORIZATION TO MAIL NOTIFICATION POSTCARDS
Interim Public Works Director Alanis answered questions posed by the Council regarding the proposed change to the billing process, the notification process to residents, and the differences between collecting from residential and commercial properties.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Approve setting a Public Hearing on May 12, 2025, to place all parcel fees for Wastewater (Sewer), Solid Waste (Trash), and Storm Drain on the property tax roll for billing and authorize staff to mail notification postcards to affected property owners 45 days in advance of the public hearing. Placing the fees on the tax roll is an administrative function only. These actions do not increase or alter the current billing amounts.
Motion: Carried Unanimously
PUBLIC HEARINGS
COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
BUSINESS ITEMS
COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
Councilmember Breitling was in consensus with Councilmember Maust's request that staff prepare a report for Council of discretionary programs and services that can potentially be cut or covered by private sources instead of the general fund.
CITY MANAGER
City Manager Blay announced Police Department promotions.
ADJOURNMENT
Mayor Velto adjourned the meeting at 6:50 p.m. The next regularly scheduled City Council meeting is Monday, February 24, 2025.
4-
Keri Jo h s, C4 Clerk