Monday, February 10, 2025

Open session begins at 6:00 p.m.

City 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.

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1.

CALL TO ORDER AND ROLL CALL

2.

ADDITIONS-DELETIONS TO AGENDA

3.

ORAL COMMUNICATIONS

This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

CLOSED SESSION BEGINS AT 4:30 p.m.

4.

CLOSED SESSION

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

5.

INVOCATION

Jim Thomas, Church of Jesus Christ of Latter Day Saints

6.

PLEDGE OF ALLEGIANCE

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

9.

ORAL COMMUNICATIONS

This is a time for any citizen to comment on any item listed or not listed on the agenda. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.

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 $500 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.

10.

CONSENT CALENDAR

All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

• Recommended Action:

  Approve the Consent Calendar

a.

APPROVAL OF MINUTES

• Recommended Action:

  Approve the Regular Meeting Minutes of January 27, 2025. (Staff Person: Keri Johnson)

b.

CONSIDER ADOPTING A RESOLUTION AMENDING THE POLICIES AND PROCEDURES RELATIVE TO CITY COMMITTEES APPOINTED TO ADVISE THE COUNCIL

CEQA: Not a Project.

• Recommended Action:

  Adopt a Resolution amending the policies and procedures relative to the establishment and operation of commissions, committees, boards, and authorities appointed to advise the Council. (Staff Person: Keri Johnson)

c.

ANNUAL COMPREHENSIVE FINANCIAL REPORT AND RELATED REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2024

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Stephen Parker)

d.

CONSIDER ADOPTING A RESOLUTION OPPOSING THE SOUTH COAST AIR QUALITY DISTRICT PROPOSED RULES 1111 AND 1121

CEQA: Not a Project.

• Recommended Action:

  Adopt a Resolution 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. (Staff Person: Michael Blay)

e.

CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF A WATER AND RECYCLED WATER RATE STUDY

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

f.

CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF A WASTEWATER RATE STUDY

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

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

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

h.

CONSIDER SETTING A PUBLIC HEARING DATE AND AUTHORIZE MAILING OF PROPOSITION 218 NOTICES FOR ESTABLISHMENT OF A SOLID WASTE FRANCHISE FEE

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

i.

CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE POLICE DEPARTMENT’S MEN’S & WOMEN’S LOCKER REPLACEMENT PROJECT

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).

• Recommended Action:

  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. (Staff Person: Chris Alanis)

j.

CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE BALDY VIEW DOG PARK IMPROVEMENT PROJECT

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

k.

CONSIDER APPROVAL OF CHANGE ORDER NO. 1 FOR PROJECT NO. 82350 UPLAND PUBLIC LIBRARY-HVAC REPLACEMENT PROJECT (BID NO. 2024-10)

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the CEQA guidelines.

• Recommended Action:

  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. (Staff Person: Chris Alanis)

l.

CONSIDER APPROVAL OF A BUDGET ADJUSTMENT FOR STAFF AUGMENTATION

CEQA: Not a Project.

• Recommended Action:

  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. (Staff Person: Robert Dalquest)

m.

CONSIDER APPROVAL TO REAPPROPRIATE $8,030 IN AMERICAN RESCUE PLAN ACT FUNDS FOR THE SANTA FE DEPOT BUILDING PATIO ROOF PROJECT

CEQA: Not a Project.

• Recommended Action:

  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 a Resolution 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. (Staff Person: Robert Dalquest)

n.

CONSIDER ADOPTING A RESOLUTION FOR THE 2025 WEED ABATEMENT PROGRAM

CEQA: Not a Project.

• Recommended Action:

  Adopt a Resolution 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. (Staff Person: Robert Dalquest)

o.

CONSIDER APPROVAL OF A 2024 MILLS ACT CONTRACT FOR AN HISTORIC PROPERTY LOCATED AT 506 N. EIGHTH AVENUE

CEQA: Determined to be Exempt pursuant to Section 15061(b)(3)

• Recommended Action:

  Approve the Mills Act contract for one historic property located at 506 N. Eighth Avenue and authorize the City Manager to execute the documents. (Staff Person: Robert Dalquest)

p.

CONSIDER APPROVAL OF A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH TESLA INC. FOR CITY OWNED SITE LOCATED AT THE CORNER OF 15TH STREET AND 6TH AVENUE

CEQA: Determine to be Exempt.

• Recommended Action:

  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 15^th Street and 6^th 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. (Staff Person: Robert Dalquest)

11.

PUBLIC HEARINGS

12.

COUNCIL COMMITTEE REPORTS

a.

COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR CONFERENCE ATTENDANCE

Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City.  This item is for information only.

13.

BUSINESS ITEMS

14.

COUNCIL COMMUNICATIONS

15.

CITY MANAGER

16.

ADJOURNMENT

The next regularly scheduled City Council meeting is Monday, February 24, 2025.

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].

To access written transcription during the meeting, please click this link: https://attend.wordly.ai/join/LVGO-0906. Then choose language and click attend to read the transcript on your device.

On February 5, 2025 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