CLOSED SESSION A. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION B. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of California Government Code Section 54956.9) Case Name: Clare Properties v. City of Upland San Bernardino County Superior Court of California Case No. CI VDS2012382 C. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) - 1 potential case D. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: City Manager
PRESENTATIONS Proclamation declaring May 9-15, 2021 as National Police week and May 15, 2021 as Peace Officers Memorial Day accepted by Upland Police Department Proclamation declaring May as Water Awareness Month accepted by Management Analyst Michelle Madriz OmniRide Upland Presentation by Jeremiah Bryant, Omnitrans Director of Strategic Development
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.
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call 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. A. APPROVAL OF MINUTES Approve the Regular Meeting Minutes of April 26, 2021. (Staff Person: Keri Johnson) B. APPROVAL OF APRIL WARRANT AND PAYROLL REGISTERS Approve the April Warrant Registers (check numbers 33910-34672 and Direct Disbursements totaling $11,290,913.23 and Payroll Registers totaling $1,283014.91 (check Numbers 161856-161867) and Electronic Fund Transfers (EFT's) 27060-27). (Staff Person: Stephen Parker) D. TREASURY REPORT MARCH 2021 Receive and file the March 2021 Treasury Report. (Staff Person: Stephen Parker) E. AGREEMENT WITH CARL WARREN AND COMPANY FOR CLAIMS ADMINISTRATOR FOR THE CITY'S SELF INSURANCE PROGRAM Approve the renewal of the Agreement with Carl Warren and Company for Claims Administration for the City's Self Insurance Program. (Staff Person: Stephen Parker) G. BEST BEST & KRIEGER CONFLICT WAIVER REQUEST Approve, and authorize the City Manager to execute, a waiver requested by the law firm of Best Best & Krieger (BBK) of a conflict of representation in connection with BBK’s representation of Cucamonga Valley Water District, the City of Ontario, and the City of Fontana regarding the Chino Basin Regional Sewage Service Cntract. (Staff Person: Stephen Parker) H. BEST BEST & KRIEGER CONFLICT WAIVER REQUEST Approve, and authorize the City Manager to execute, a waiver requested by the law firm of Best Best & Krieger (BBK) of a conflict of representation in connection with BBK’s representation of the Local Agency Formation Commission (LAFCO) for San Bernardino County. (Staff Person: Stephen Parker) I. EMERGENCY PURCHASE AND INSTALLATION OF THREE LIBRARY PUBLIC PROJECTS Receive and file the status update. (Staff Person: Stephen Parker) J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR BOND DISCLOSURE LEGAL SERVICES WITH STRADLING YOCCA CARLSON & RAUTH PERTAINING TO THE POTENTIAL ISSUANCE OF PENSION OBLIGATION BONDS Approve a Professional Services Agreement with Stradling Yocca Carlson & Rauth to provide bond disclosure legal services in an amount not to exceed $36,500 and authorize the Acting City Manager to execute the agreement. (Staff Person: Stephen Parker) K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR BOND AND VALIDATION COUNSEL LEGAL SERVICES WITH BEST BEST & KRIEGER LLP. PERTAINING TO A POTENTIAL ISSUANCE OF PENSION OBLIGATION BONDS Approve a Professional Services Agreement with Best Best & Krieger LLP to provide validation and bond counsel legal services in an amount not to exceed $70,000 and authorize the Acting City Manager to execute the agreement. (Staff Person: Stephen Parker) L. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. Approve an amendment to the professional services agreement with MV Cheng & Associates Inc. for staff augmentation services and authorize the City Manager to execute the amendment. (Staff Person: Stephen Parker) M. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 20034 BY UPLAND HILLS LAND, LLC (LOCATED NORTH OF 16TH STREET, BETWEEN UPLAND HILLS DRIVE AND TANGLEWOOD AVENUE) Accept the public improvements constructed by Upland Hills Land, LLC, generally located on the northeast corner of 16th and Upland Hills Drive; and approve the reduction of the faithful performance bond to twenty five percent (25%). (Staff Person: Braden Yu) N. ACCEPTANCE OF WORK FOR PROJECT NO 7071 & 7080, CITYWIDE CONCRETE REPAIRS Accept the work; record the Notice of Completion; and, reduce the Faithful Performance Bond to 10% for Project No. 7071 & 7080, Citywide Concrete Repairs. (Staff Person: Braden Yu) O. CONSIDERATION OF THE THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WITH ANNEALTA GROUP, INC Approve the Third Amendment to the agreement for consultant services to extend the contract one year with Annealta Group, Inc. and authorize the Acting City Manager to execute the Third Amendment. (Staff Person: Robert Dalquest) P. CONSIDERATION OF THE THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WITH INTERWEST CONSULTING GROUP, INC. Approve the Third Amendment to the Agreement for Consulting Services to extend the contract one year with Interwest Consulting Group, Inc. (“Interwest”) and authorize the City Manager to execute the Third Amendment. (Staff Person: Robert Dalquest)
AMENDMENT OF THE POLICIES AND PROCEDURES RELATIVE TO THE ESTABLISHMENT AND OPERATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO ADVISE THE CITY COUNCIL Adopt a Resolution amending the policies and procedures relative to the establishment and operation of Commissions, Committees, Boards, and Authorities appointed to advise the City Council. (Staff Person: Keri Johnson)
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.
PUBLIC HEARINGS APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2021-22 The City Council will hold a public hearing to consider adoption of a Resolution approving the City of Upland One Year Action Plan for Fiscal Year 2021-22. (Staff Person: Robert Dalquest) Recommendation: 1) Staff Presentation 2) Hold Public Hearing 3) Close Public Hearing 4) Adopt a Resolution approving the City of Upland One Year Action Plan for Fiscal Year 2021-22 and authorize the Acting City Manager to execute any and all necessary related documents to implement the FY 2021-22 Action Plan.
COUNCIL COMMITTEE REPORTS A. FINANCE COMMITTEE MEETING, APRIL 28, 2021 The Committee Chairperson will report on the meeting of April 28, 2021. This is an information item only.
BUSINESS ITEMS DISCUSSION OF POLICY REQUIRING DOCUMENTATION OF COUNCIL CANDIDATES' RESIDENCY Provide direction to staff regarding a potential policy requiring documentation of City Council candidates. (Staff Person: Stephen Deitsch)
PROPOSED WATER SHORTAGE CONTINGENCY PLAN AND ADDENDUM TO 2015 URBAN WATER MANAGEMENT PLAN, SETTING PUBLIC HEARING Set a public hearing date for June 14, 2021 at 7 p.m., to consider adoption of a Resolution approving Upland's Water Shortage Contingency Plan and a Resolution to adopt an Addendum 2015 Urban Water Management Plan. (Staff Person: Braden Yu)
15. CITY MANAGER 16. ADJOURNMENT The next regularly scheduled City Council meeting is Monday, May 24, 2021.
May 10, 2021 City Council
CLOSED SESSION A. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION B. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of California Government Code Section 54956.9) Case Name: Clare Properties v. City of Upland San Bernardino County Superior Court of California Case No. CI VDS2012382 C. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) - 1 potential case D. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: City Manager
PRESENTATIONS Proclamation declaring May 9-15, 2021 as National Police week and May 15, 2021 as Peace Officers Memorial Day accepted by Upland Police Department Proclamation declaring May as Water Awareness Month accepted by Management Analyst Michelle Madriz OmniRide Upland Presentation by Jeremiah Bryant, Omnitrans Director of Strategic Development
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.
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call 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. A. APPROVAL OF MINUTES Approve the Regular Meeting Minutes of April 26, 2021. (Staff Person: Keri Johnson) B. APPROVAL OF APRIL WARRANT AND PAYROLL REGISTERS Approve the April Warrant Registers (check numbers 33910-34672 and Direct Disbursements totaling $11,290,913.23 and Payroll Registers totaling $1,283014.91 (check Numbers 161856-161867) and Electronic Fund Transfers (EFT's) 27060-27). (Staff Person: Stephen Parker) D. TREASURY REPORT MARCH 2021 Receive and file the March 2021 Treasury Report. (Staff Person: Stephen Parker) E. AGREEMENT WITH CARL WARREN AND COMPANY FOR CLAIMS ADMINISTRATOR FOR THE CITY'S SELF INSURANCE PROGRAM Approve the renewal of the Agreement with Carl Warren and Company for Claims Administration for the City's Self Insurance Program. (Staff Person: Stephen Parker) G. BEST BEST & KRIEGER CONFLICT WAIVER REQUEST Approve, and authorize the City Manager to execute, a waiver requested by the law firm of Best Best & Krieger (BBK) of a conflict of representation in connection with BBK’s representation of Cucamonga Valley Water District, the City of Ontario, and the City of Fontana regarding the Chino Basin Regional Sewage Service Cntract. (Staff Person: Stephen Parker) H. BEST BEST & KRIEGER CONFLICT WAIVER REQUEST Approve, and authorize the City Manager to execute, a waiver requested by the law firm of Best Best & Krieger (BBK) of a conflict of representation in connection with BBK’s representation of the Local Agency Formation Commission (LAFCO) for San Bernardino County. (Staff Person: Stephen Parker) I. EMERGENCY PURCHASE AND INSTALLATION OF THREE LIBRARY PUBLIC PROJECTS Receive and file the status update. (Staff Person: Stephen Parker) J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR BOND DISCLOSURE LEGAL SERVICES WITH STRADLING YOCCA CARLSON & RAUTH PERTAINING TO THE POTENTIAL ISSUANCE OF PENSION OBLIGATION BONDS Approve a Professional Services Agreement with Stradling Yocca Carlson & Rauth to provide bond disclosure legal services in an amount not to exceed $36,500 and authorize the Acting City Manager to execute the agreement. (Staff Person: Stephen Parker) K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR BOND AND VALIDATION COUNSEL LEGAL SERVICES WITH BEST BEST & KRIEGER LLP. PERTAINING TO A POTENTIAL ISSUANCE OF PENSION OBLIGATION BONDS Approve a Professional Services Agreement with Best Best & Krieger LLP to provide validation and bond counsel legal services in an amount not to exceed $70,000 and authorize the Acting City Manager to execute the agreement. (Staff Person: Stephen Parker) L. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. Approve an amendment to the professional services agreement with MV Cheng & Associates Inc. for staff augmentation services and authorize the City Manager to execute the amendment. (Staff Person: Stephen Parker) M. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 20034 BY UPLAND HILLS LAND, LLC (LOCATED NORTH OF 16TH STREET, BETWEEN UPLAND HILLS DRIVE AND TANGLEWOOD AVENUE) Accept the public improvements constructed by Upland Hills Land, LLC, generally located on the northeast corner of 16th and Upland Hills Drive; and approve the reduction of the faithful performance bond to twenty five percent (25%). (Staff Person: Braden Yu) N. ACCEPTANCE OF WORK FOR PROJECT NO 7071 & 7080, CITYWIDE CONCRETE REPAIRS Accept the work; record the Notice of Completion; and, reduce the Faithful Performance Bond to 10% for Project No. 7071 & 7080, Citywide Concrete Repairs. (Staff Person: Braden Yu) O. CONSIDERATION OF THE THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WITH ANNEALTA GROUP, INC Approve the Third Amendment to the agreement for consultant services to extend the contract one year with Annealta Group, Inc. and authorize the Acting City Manager to execute the Third Amendment. (Staff Person: Robert Dalquest) P. CONSIDERATION OF THE THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WITH INTERWEST CONSULTING GROUP, INC. Approve the Third Amendment to the Agreement for Consulting Services to extend the contract one year with Interwest Consulting Group, Inc. (“Interwest”) and authorize the City Manager to execute the Third Amendment. (Staff Person: Robert Dalquest)
AMENDMENT OF THE POLICIES AND PROCEDURES RELATIVE TO THE ESTABLISHMENT AND OPERATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO ADVISE THE CITY COUNCIL Adopt a Resolution amending the policies and procedures relative to the establishment and operation of Commissions, Committees, Boards, and Authorities appointed to advise the City Council. (Staff Person: Keri Johnson)
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.
PUBLIC HEARINGS APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2021-22 The City Council will hold a public hearing to consider adoption of a Resolution approving the City of Upland One Year Action Plan for Fiscal Year 2021-22. (Staff Person: Robert Dalquest) Recommendation: 1) Staff Presentation 2) Hold Public Hearing 3) Close Public Hearing 4) Adopt a Resolution approving the City of Upland One Year Action Plan for Fiscal Year 2021-22 and authorize the Acting City Manager to execute any and all necessary related documents to implement the FY 2021-22 Action Plan.
COUNCIL COMMITTEE REPORTS A. FINANCE COMMITTEE MEETING, APRIL 28, 2021 The Committee Chairperson will report on the meeting of April 28, 2021. This is an information item only.
BUSINESS ITEMS DISCUSSION OF POLICY REQUIRING DOCUMENTATION OF COUNCIL CANDIDATES' RESIDENCY Provide direction to staff regarding a potential policy requiring documentation of City Council candidates. (Staff Person: Stephen Deitsch)
PROPOSED WATER SHORTAGE CONTINGENCY PLAN AND ADDENDUM TO 2015 URBAN WATER MANAGEMENT PLAN, SETTING PUBLIC HEARING Set a public hearing date for June 14, 2021 at 7 p.m., to consider adoption of a Resolution approving Upland's Water Shortage Contingency Plan and a Resolution to adopt an Addendum 2015 Urban Water Management Plan. (Staff Person: Braden Yu)
15. CITY MANAGER 16. ADJOURNMENT The next regularly scheduled City Council meeting is Monday, May 24, 2021.