Upland City Council
March 28, 2022

U P L A N D C I T Y C O U N C I L

A G E N D A
M a rc h 2 8 , 2 0 2 2
C ity C ou n ci l C h a mbe r

B I L L V E L T O, M A Y O R

S H A N N A N M A U S T, M A Y O R P R O T E M

J A N I C E E L L I O T T, C O U N C I L M E M B E R
C A R L O S A . G A R C I A , C O U N C I L M E M B E R

R U D Y Z U N I G A , C O U N C I L M E M B E R

M I C H A E L B L A Y , C I T Y M A N A G E R
S T E P H E N P . D E I T S C H , C I T Y A T T O R N E Y

D I S R U P T I O N O F M E E T I N G S
I n d ivid uals wh o d em onstrate d isru p tive cond uct d urin g C ity C ou ncil m eetin g s th at p revent th e C ity C oun cil from cond ucting its m eeting in an ord erly m ann er are g u ilty of a m isd em ean or as stated in P C 40 3, d isru p tin g a p ub lic m eeting , and are sub ject to rem oval from th e ch am b er or arrest.
* * * * * * * * * * * *
6 :0 0 P M - C losed S ession

1.C A L L T O O R D E R A N D R O L L C A L L

2.A D D I T I O N S -D E L E T I O N S T O A G E N D A

3.O R A L C O M M U N I C A T I O N S
T his is a tim e for an y citizen to c om m en t on it em l is ted on th e cl osed session ag end a on ly. A n yon e wish in g to ad d ress t he leg is lat ive b od y is req u est ed to sub m it a sp eaker card t o th e C ity C l erk at or p rior to sp eaking . T h e sp eakers are req u ested to keep th eir com m en ts to n o m ore t h an th ree (3 ) m inu tes. Th e use of visu al aid s w ill b e in clud ed in the tim e lim it.

4.C L O S E D S E S S I O N

A .C LO S E D S E S S I O N C O N F E R E N C E W I T H L E G A L C O U N S E L - E X I S T I N G

L I T I G A T I O N
(Parag rap h (1) of su b d ivi si on (d ) of C aliforn ia G overn m en t C od e S ection 54 95 6.9 )
C ase N am e:

J eann ette Vag n ozzi v. C ity of U p land
S an B ernard ino C ou nt y S up eri or C ou rt of C al iforn i a C ase N o.C I V S B 21 22 49 6
B.C LO S E D S E S S I O N C O N F E R E N C E W I T H R E A L P R O P E RT Y N E G OT I A TO R S C alifornia G overn m en t C od e S ection 54 95 6.8
P rop erty:

65 0 sq uare foot lan d scap e p lan ter w it hin a p u b lic p arki n g lot located ad jacent to 1 01 E . S ec on d A ven u e (A P N : 1 04 6-5 92 - 24 )
C ity
N eg otiators:

C ity M an ag er M ich ael B l ay, D evelop m en t S ervic es D irector Rob ert D alq u es t, D evel op m en t S ervic es M anag er Liz C havez, and E con om ic D evelop m ent C oord inator M elecio P icazo N eg otiatin g
Parties:

M ark D avid son
Un d er
N eg otiation :

P rice and term s of p aym ent
* * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
D eacon R ichard S im p son, S t. A nthon y's C atholic C h urch

6.P L E D G E O F A L L E G I A N C E

7.P R E S E N T A T I O N S

8.C I T Y A T T O R N E Y

9.O R A L C O M M U N I C A T I O N S
T his i s a t im e for an y ci ti zen t o com m ent on an y it em li st ed or n ot li st ed on th e ag end a. A nyon e wi sh in g to ad d res s the leg islat ive b od y i s req u es ted t o su b m it a sp eaker card t o th e C i ty C lerk at or p rior to s p eaki n g . T h e sp eakers are req u ested t o keep th eir com m en ts to no m ore t h an three (3) m in u t es. S p eakers will b e g iven fi ve (5 ) m inu tes d u ri n g p ub lic h eari ng s. T h e use of visu al ai d s will b e i n c lu d ed in th e t im e li m i t. P ub li c com m ents an d q u est ion s for t h e p urp ose of h earing curren t m at ters of con cern in ou r com m u n i ty an d to p rovid e c it izen s a m eth od for th e p ub li c to h ear th ose con cerns in an op en ven u e is encourag ed .

H owever, u n d er t he p rovisions of t he B rown A ct , th e C ity C ou n c il is p rohib ited from d iscu ssion of it em s n ot listed on t he ag end a, and th erefore, th e C ity C oun cil, C ity M an ag er, or C it y A tt orn ey w il l t ake com m u n i cat ion s un d er ad visem en t for consid eration an d ap p rop riate resp on s e or d i sc u s si on at a later tim e.

10.C O N S E N T C A L E N D A R
A ll m at ters list ed u n d er th e C onsent C al en d ar are c on s id ered t o b e rou ti ne and will b e en act ed b y on e roll call vot e. T h ere w i ll b e no sep arat e d is cu ss ion of these i tem s u n l ess m em b ers of t h e l eg i sl ati ve b od y req uest sp ecific item s b e rem oved from th e C on sen t C alen d ar for sep arate action.

A .A P P R O V A L O F M I N U T E S
A p p rove th e Reg u lar M eet in g M in u t es of M arch 14 , 20 22 . (S t aff Person :

Keri J oh nson)
B.2 N D R E A D I N G O F O R D I N A N C E 1 95 9 TO R E G U L A T E S H O P P I N G C A R T S

A N D A B A T E R E L A T E D N U I S A N C E S
H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd in ance N o. 1 95 9 rep eali ng U p l an d M u nicip al C od e S ection

9.0 4.1 00 an d ad d ing C hap ter 9.6 2 reg ard in g shop p ing c art s to c reat e and im p lem en t an effec ti ve p roced ure to reg u late s h op p i n g carts and ab ate related nu isances. (S taff Person : D arren G ood m an ) C .C O N S I D E R A T I O N O F A R E S O L U T I O N D E C L A R I N G U P L A N D A

C O M PA S S I O N A T E C O M M U N I T Y
C on sid er ad op ti n g a Resol ut ion joining an in tern at ion al net w ork of lead ing cities w orl d w i d e t o em b race com p assion as a val ue; inclu d ing ad op ting g u id elines for recog n izin g i n d ivi d u als , g rou p s, b u si n es ses , or org an izations. (S taff Person: Keri J ohn son )
D.C O N S I D E R A T I O N O F A R E S O L U T I O N O P P O S I N G T H E V OT E R I N I T I A T I V E 21 -00 42 A 1 (TA X PA Y E R P R OT E C T I O N A N D G O V E R N M E N T

A C C O U N TA B I L I T Y A C T)
A d op t a Res olu ti on reg i st eri ng it s op p osition t o a p ot ent ial forthcom ing b allot m easu re (I nitiative 2 1-0 04 2 A 1), T he Taxp ayer P rot ect ion and G overn m en t A cc oun tab il it y A ct, w hi ch lim its vot ers ' authority, ad op ts n ew and s tric ter ru les for raising t axes an d fees, an d m akes i t m ore d i ffic ul t to hold vi olat ors of st ate an d l ocal l aw s acc oun tab le. (S taff Person: M ichael B lay)
E .A N N U A L C I T Y E T H I C S R E V I E W
Receive an d file this rep ort on the ann ual ethics review. (S taff Person :

M ich ael B lay)
F.T E R M I N A T I O N O F 7 T H S T R E E T F I R E LO C A L E M E R G E N C Y A d op t a Resolu ti on t erm in ating t h e 7 th S t reet F ire loc al em erg en c y. (S taff Person: S tep hen Parker)
G .A M E N D M E N T TO T H E A G R E E M E N T W I T H A T K I N S O N , A N D E L S O N ,

LOYA , R U U D & R O M O L A W F I R M F O R E M P LOY M E N T L A W S E R V I C E S A p p rove an am end m en t to th e orig in al ag reem en t w it h Atkin son , A n d elson , Loya, Ruu d & Rom o (A A L R R ) L aw F irm for em p loym ent law services; and au th ori ze the C i ty M an ag er to execu te th e am en d m ent. (S taff Person: S tep hen Parker)
H .T R E A S U R E R 'S R E P O RT F E B R U A RY 20 22 Receive an d file the Feb ruary 2 02 2 Treasu rer's Rep ort. (S taff Person :

S tep h en Parker)
I .C O N S I D E R A T I O N O F A R E S O L U T I O N D E L E G A T I N G A U T H O R I T Y TO

T H E C I T Y M A N A G E R TO M A K E D E T E R M I N A T I O N S R E L A T I N G TO

D I S A B I L I T Y R E T I R E M E N T S F O R LO C A L S A F E T Y M E M B E R S A d op t a Resolu tion d el eg at in g au th ority to the C i ty M anag er to m ake d eterm in ations un d er S ection 2 11 56 of th e G overn m en t C od e, relatin g to D isab ility Reti rem ent s for l ocal safety m em b ers . (S taff Person : S tep hen Parker)
J.R E V I E W O F T H E 20 21 H O U S I N G E L E M E N T A N N U A L P R O G R E S S

R E P O R T O N I M P L E M E N TA T I O N O F T H E G E N E R A L P L A N H O U S I N G

E L E M E N T

Receive com m en ts from t he p u b lic on th e 20 21 H ou sing E lem ent A nn ual E lem ent P rog ress Rep ort an d d i rec t st aff t o s ub m i t it t o the G overn or’s O ffice of P lann in g an d Research an d the C aliforn ia D ep artm en t of H ou sing and C om m u nity D evelop m ent. (S taff Person: Rob ert D alq uest) K .C O N S I D E R A P P R O V A L O F A T H I R D A M E N D M E N T TO T H E B R I G H T V I E W

L A N D S C A P E M A I N T E N A N C E S E R V I C E S A G R E E M E N T A p p rove th e t h i rd ad d en d u m to th e B rig h tview Lan d scap e M ain ten ance S ervices ag reem ent th rou g h J u ne 3 0, 2 02 2. (S taff Person : B rad en Yu) L.C O N S I D E R A P P R O V A L O F A T H R E E -Y E A R S E R V I C E A G R E E M E N T F O R

I N -S E W E R-M A N H O L E R O A C H E X T E R M I N A T I O N S E R V I C E S W I T H G O L D E N B E L L P R O D U C T S, I N C .

A p p rove a con tract w ith G old en B ell P rod ucts, I n c. for I n -S ewer-M an hole Roach E xt erm in ati on S ervices i n the am ou nt of $33 0,7 50 for a th ree-year term w it h t he C it y op tion t o ren ew for tw o ad d i ti on al one-year term s; and to authorize the C ity M an ag er to execute the con tract d ocu m en ts inclu d ing all exten sions. (S taff Person: B rad en Yu )

11.P U B L I C H E A R I N G S

12.C O U N C I L C O M M I T T E E R E P O R T S

13.B U S I N E S S I T E M S
A .D I S C U S S I O N O N E S TA B L I S H I N G A T E M P O R A R Y M O R A TO R I U M , O R

A M E N D I N G R E G U L A T I O N S, O N N E W M A S S A G E PA R LO R S , S M O K E

S H O P S, H Y D R O P O N I C S H O P S A N D OT H E R P E R S O N A L S E R V I C E

B U S I N E S S E S I N T H E C I T Y
D irect st aff on w het her to p rep are a m orat ori u m ord inan ce t hat tem p orarily p rohib its n ew m assag e p arlors, sm oke s h op s, h yd rop on i c sh op s an d other p erson al s ervi ce b u si n es ses , or am en d exi st in g reg ul ati ons. (S taff Person :

Rob ert D alq u est)
B.C O N S I D E R A T I O N O F T H E D E S I G N F O R T H E N E W D O W N TO W N U R B A N P L A Z A O N 0.6 9 A C R E LO C A T E D B E T W E E N S E C O N D A V E N U E A N D

T H I R D A V E N U E , A D J A C E N T TO T H E PA C I F I C E L E C T R I C T R A I L , A N D

D I S C U S S I O N O N T H E C O M M E M O R A T I V E N A M I N G O F T H E D O W N TO W N

U R B A N P L A Z A A N D T H E B A N D S TA G E
A d op t a Resolution ap p roving th e d esig n for th e new D own town Urb an P laza, and d irect staff to b rin g b ack a Resolution ap p rovin g th e com m em orative nam in g of th e Urb an P laza and t h e b and s tag e; and ap p roving a fun d ing p lan for d esi g n an d con st ru ct ion of th e p rojec t. (S taff Person: Rob ert D alq uest)
C .C O N S I D E R C R E A T I N G A C I T Y C O U N C I L A D H O C C O M M I TT E E A p p oint tw o C ou n c il m em b ers to form an A d H oc C om m ittee to review, con sid er, an d recom m en d for fu tu re C i ty C ou ncil act ion , t erm s and con d itions relat ed to th e use of C i ty p arks an d field s; an d sc h ool g roun d s use b y the U p land Recreation D ep artm en t. (S taff Person : M ich ael B lay)

14.C O U N C I L C O M M U N I C A T I O N S

15.C I T Y M A N A G E R

16.A D J O U R N M E N T
T he n ext reg u larly sch ed u led C ity C oun cil m eeting is M on d ay, A p ril 11 , 20 22

N O T E : I f yo u cha l l e ng e t h e p u b l i c h e a ri ng (s ) o r t he re l a t e d e nvi ro nm e n t a l d e t e rm i na t i o ns i n co u rt , yo u m a y b e l i m i t e d t o ra i s i n g o nl y t h o s e i s s ue s yo u o r s o m e o n e e l s e ra i s e d a t t h e p ub l i c h e a ri ng d e s cri b e d i n t h i s no t i ce , o r i n w ri t t e n co rre s p o nd e nce d e l i ve re d t o t he C i t y o f U p l a nd , a t , o r p ri o r t o , t he p ub l i c he a ri n g .

A l l A g e n d a i t e m s a n d b a ck-u p m a t e ri a l s a re a va i l a b l e f o r p u b l i c re vi e w a t t h e U p l a nd P ub l i c L i b ra ry, d o w n s t a i rs re f e re n ce d e s k a t 4 5 0 N o rt h E ucl i d A ve nue , t h e C i t y C l e rk's O f f i ce a t 460 N o rt h E ucl i d A ve nue a nd t h e C i t y w e b s i t e a t w w w.u p l a nd ca .g o v.

I n co m p l i a n ce w i t h t h e A m e ri ca n s w i t h D i s a b i l i t i e s A ct , i f yo u n e e d s p e ci a l a s s i s t a nce t o p a rt i ci p a t e i n t hi s m e e t i n g , p l e a s e co n t a ct t h e C i t y C l e rk's O f f i ce , 931-4 1 2 0 . N o t i f i ca t i o n 48 h o u rs p ri o r t o t h e m e e t i n g w i l l e n a b l e t he C i t y t o m a ke re a s o n a b l e a rra n g e m e n t s t o e n s ure a cce s s i b i l i t y t o t h i s me e t i ng . [2 8 C F R 3 5 .1 0 2 -35.104 A D A T i t l e I I ] P O S T I N G S T A T E M E N T : O n M a rch 23, 2022 a t ru e a n d co rre ct co p y o f t hi s a g e nd a w a s p o s t e d o n t he b ul l e t i n b o a rd s a t 450 N . E ucl i d A ve nue (U p l a n d P ub l i c L i b ra ry) a n d 4 6 0 N . E u cl i d Ave n u e (U p l a nd C i t y H a l l ) a n d t he C i t y w e b s i t e a t w w w.up l a n d ca .g o v.

ORDINANCE NO. 1959

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, REPEALING UPLAND MUNICIPAL CODE
SECTION 9.04.100 AND ADDING CHAPTER 9.62

REGARDING SHOPPING CARTS TO CREATE AND

IMPLEMENT AN EFFECTIVE PROCEDURE TO REGULATE

SHOPPING CARTS AND ABATE RELATED NUISANCES

WHEREAS, California Constitution, article XI, section 7, authorizes the City of Upland (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and

WHEREAS, the City has seen a proliferation of public nuisances related to removed and abandoned shopping carts, including, but not limited to, increased visual blight and interference with pedestrian and vehicular traffic; and

WHEREAS, the City now desires to add Upland Municipal Code (“UMC”) chapter 9.62 to create and implement an effective procedure to regulate shopping carts and abate related nuisances, and thereby, help protect the health and safety of City residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. UMC section 9.04.100 (Identification Of Shopping Cart owners) is hereby repealed in its entirety.

Section 2. UMC chapter 9.62 (Shopping Carts) is hereby added, and is to read in its entirety as follows:

Chapter 9.62

SHOPPING
CARTS
Sections:

9.62.010 Purpose

9.62.020 Declaration of Public Nuisance

9.62.030 Definitions

9.62.040 Administration

9.62.050 Cart Identification

9.62.060 Removal of Carts Prohibited

9.62.070 Cart Containment Plan

9.62.080 Cart Retrieval Plan

Ordinance No. 1959

9.62.090 Notification and Removal of Abandoned Carts

9.62.100 Enforcement

9.62.010 Purpose

This Ordinance is intended to ensure that measures are taken by Owners of Carts and businesses that provide Carts to its customers to prevent those Carts from being removed from the Owner's Premises, to make removal of any Cart a violation of this Code, and to facilitate the retrieval of any abandoned Cart in a manner consistent with State law.

9.62.020 Declaration of Public Nuisance

The City has determined that the unauthorized removal of Carts from Business Establishments and their subsequent abandonment on public and private properties creates visual blight and potential hazards to the health, safety, and welfare of the public, interferes with pedestrian and vehicular traffic, constitutes a public nuisance, and shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law.

9.62.030 Definitions

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

A. “Business Establishment” means and includes any business that provides or makes available Carts for and used by customers.

B. “Cart” means a basket that has been mounted on wheels or a similar device generally used in a Business Establishment by a customer for the purpose of transporting goods of any kind. A "Cart" also includes a Laundry Cart and a shopping cart.

C. “City Manager’s Designee” means and includes the City Manager or the person designated by the City Manager to fulfill the responsibilities required by this Chapter.

D. “Enforcement Official” means and includes any City employee or agent of the City authorized by this Code, the City Council, or the City Manager to enforce any provision of this Code.

E. “Laundry Cart” means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

F. “Owner” means any person who, in connection with the conduct of a Business Establishment, owns, rightfully possesses, or makes any Cart

Ordinance No.

available to patrons and the public. Owner shall include the Owner's agent or authorized representative.

G. “Parking Area” means a parking lot or other property provided by a Business Establishment for the use of customers for parking of customer vehicles. The parking area of a Business Establishment located in a multi- store complex or shopping center includes the entire parking area used by the multi- store complex or shopping center.

H. “Person” means any natural person, business, organization, corporation, or other legal entity.

I. “Premises” means any building, property, or other area upon which any Business Establishment is conducted or operated in the City and includes the Parking Area and where the Business Establishment’s Carts are permitted.

J. “Responsible Party” or “Responsible Parties” means and includes any of the following:

1. Any person or entity that causes, maintains, permits, or allows a violation of this Code.

2. Any person or entity that owns, possesses, or controls any parcel of real property in the City upon which a violation of this Code is maintained.

3. Any trustee of any trust that holds legal title to any parcel of real property in the City upon which a violation of this Code is maintained.

4. Any person or entity that owns, possesses, operates, manages, or controls any business within the City that is responsible for causing or maintaining a violation of this Code.

9.62.040 Administration

The City Manager’s Designee shall have the authority to promulgate and or adopt written regulations to implement the provisions of this Chapter.

9.62.050 Cart Identification

A. Each Cart owned or provided by a Business Establishment in the City shall have a cart identification sign permanently affixed to it and which, at a minimum, contains all of the following information:

1. The identity of the Owner of the Cart or the name of the Business Establishment, or both.

Ordinance No.

2. Notification to the public of the procedures to be utilized for authorized removal of the Cart from the Premises of
the Business Establishment.

3. Notification to the public that the unauthorized removal of the Cart from the Premises of the Business Establishment, or the unauthorized possession of the Cart, is a violation of State and local law.

4. The address for returning a Cart removed from the Premises to the Owner and the phone number to contact the Owner or report the location of the Cart.

B. Every Cart Owner shall continuously maintain or cause to be maintained the cart identification sign so that all of the required information is accurate and clearly legible.

C. Each Cart owned or provided by a Business Establishment shall have the name of the Owner of the Cart or the name of the Business Establishment permanently affixed to at least two separate parts of the Cart.

9.62.060 Removal of Carts Prohibited

A. It is unlawful for any person (other than a Cart Owner or its authorized representative) to either temporarily or permanently remove a Cart from the Premises of an Owner's Business Establishment, unless the Cart Owner authorizes its removal in writing.

B. It is unlawful to be in possession of a Cart that has been removed from the Premises of a Business Establishment unless it is in the process of being immediately returned to the Owner.

C. This Section does not apply to Carts that are removed for the purpose of repair or maintenance.

9.62.070 Cart Containment Plan

Every Owner that provides carts to customers for use on the Premises of a Business Establishment shall develop and implement a written cart containment plan to prevent the unauthorized removal of such Carts from the Premises. The cart containment plan shall be provided to the City upon request and at a minimum include the following elements:

A. Written notice shall be provided to customers that the removal of Carts from the premises is prohibited and a violation of State and local law.

B. Signs shall be placed in pertinent and highly visible locations near all exit doors and near parking lot exits used by business patrons warning customers that Cart removal is prohibited and a violation of State and local law. Every Owner of the Business Establishment shall continuously maintain or cause to be maintained such signs so that all of the required

Ordinance No.

information is accurate and clearly legible.

C. Specific physical measures shall be implemented to prevent, deter, or impede the removal of Carts from the Premises. These measures shall include at least two of, but are not limited to, the following:

1. Mechanical disabling devices, including wheel locks, installed and maintained on all Carts.

2. Having one or more designated employees assigned the responsibility to deter or stop customers from removing Carts from the Premises.

3. Preventing Carts from being taken outside of the confines of the business unless accompanied by an employee of the
business.

4. Requiring security deposits by customers for Cart use.

D. All Carts located on the Premises of a Business Establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day, returned to an approved cart containment area, and secured in a manner that prevents removal until the commencement of the next business day.

E. All Carts located on the Premises of a Business Establishment that is open for business 24 hours a day, other than Carts that are currently in use, shall be collected and returned to approved cart containment areas at least once per calendar day.

F. The Owner of the Business Establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees on the requirements of the Business Establishment's cart containment plan and the provisions of State and local laws prohibiting the unauthorized removal of Carts from the Premises of the Business Establishment.

9.62.080 Cart Retrieval Plan

Every Business Establishment that provides Carts for customers use shall develop, implement, and carry out a specific retrieval plan to recover Carts removed from the Premises. The cart retrieval plan shall be provided to the City upon request and at a minimum include the following elements with a description of how the elements will be implemented:

Ordinance No.

A. The Owner of the Business Establishment shall provide retrieval personnel assigned to the retrieval of lost, stolen, or abandoned Carts. This can include licensed independent cart retrieval services.

B. The Owner of the Business Establishment shall provide retrieval personnel in sufficient number to assure all public streets, sidewalks, bus stops, and parks within a two miles radius of the Business Premises are patrolled and all Carts retrieved no less than once every 24 hours.

C. The Owner of the Business Establishment shall provide a written report to the City Manager’s Designee on the tenth day of every month specifying the number of Carts retrieved by retrieval personnel during the prior month.

D. The Owner of the Business Establishment shall provide the City Manager’s Designee with a contact phone number to report abandoned Carts. This phone number shall be available seven days a week.

E. If notified by an Enforcement Official, the Owner of the Business Establishment shall ensure that any abandoned Cart is removed within 24 hours of the notification.

9.62.090 Notification and Removal of Abandoned Carts

A. In accordance with California Business and Professions Code section 22435.7, the City shall notify the Owner of any abandoned Cart (that has affixed to it the cart identification required by Section 9.62.050(A)) if the City intends to remove the Cart from public or private property or impound such Cart.

B. Carts without the cart identification affixed to it as required by Section 9.62.050(A) may be removed from street, sidewalks, and other public locations immediately by the City and any Enforcement Official. Such Carts may be destroyed.

9.62.100 Enforcement

A. Any violation of this Chapter is hereby declared to be unlawful and a public nuisance.

B. Any party who engages in a violation of this Chapter, or who owns, possesses, controls, or has charge of any parcel of real property or business in the City upon which a violation of this Chapter is maintained, shall be subject to the penalties and remedies provided by this Section.

C. Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.

D. Each Cart in violation of this Chapter shall constitute a separate offense.

Ordinance No.

E. Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six months imprisonment per offense.

F. Whenever an Enforcement Official determines that a violation of this Chapter has occurred, the Enforcement Official shall have the authority to issue an administrative citation to each Responsible Party for that violation. The maximum corresponding administrative fine imposed shall be $100 for the first offense, $200 for the second offense within 12 hours, $500 for the third offense within 12 hours, and $1,000 for each subsequent offense within 12 hours. Any Enforcement Official shall be authorized to enforce this Subsection by any means authorized by law, including, but not limited to the following, zip-tying, tagging, photographing, and documenting location of Carts.

G. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City including, but not limited to, those provided in Chapter 1.20 of this Code.

Section 4. Compliance with California Environmental Quality Act. The Upland City Council (“City Council”) finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 6. Effective Date. This Ordinance shall become effective 30 days from its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.

Ordinance No.

PASSED, APPROVED, and ADOPTED this 28th day of March, 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 14th day of March, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 28th day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

S T A F F R E P O R T
I T E M N O . 10.C .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S I D E R A T I O N O F A R E S O L U T I O N D E C L A R I N G U P L A N D A

C O M PA S S I O N A T E C O M M U N I T Y

R E C O M M E N D E D A C T I O N
I t is recom m end ed th at th e C ity C oun cil con sid er ad op tin g a Resolu tion join in g an in ternation al n etwork of lead in g c it ies world w id e to em b rac e com p assion as a value; in clud in g ad op ting g u id elines for recog nizing in d ivid uals, g rou p s, b u sinesses, or org an izations.

G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity's g oal to enh ance th e q u ality of life for all Up lan d resid ents.

B A C K G R O U N D
At th e req uest of C ou n c il m em b ers E l li ott and M au s t, t h i s item h as b een ad d ed t o th e C ity C ou ncil ag en d a for con sid eration.

I S S U E S /A N A L Y S I S
S taff h as p rep ared a Resolu tion th at w ould estab lish Up lan d as a C om p assion ate C om m u nity.

Th e in ten t is to recog n ize th e C it y’s c om m it m en t to creating a com p assion ate c om m un it y an d th e p ositive b enefits th at b ring s to th e C ity an d its resid ents.

A d d itionally, S taff h as p rep ared g u id elines for recog nizing in d ivid uals, g rou p s, b u sinesses, or org anization s wh o exem p lify th e C ity's com m itm en t to creating a C om p assionate C om m u nity.

Th e C om p assion C ert ifi cat e p rog ram is p rop osed to rec og n ize th e C it y’s com m i tm en t to creating a C om p assionat e C om m un it y an d th e p ositive b en efit s th at b rin g s t o t h e C i ty an d its resid ents. Th e c ert ifi cat es wou ld b e g iven ou t on an ad h oc b as is d u ring t he p resentation

p ortion of a C it y C ou ncil m eeti ng at w hi ch th e award recip ient i s recog nized . A n ou tlin e of the p rop osed p rog ram g u id elines is set forth in E xh ib it A to th e Resolution .

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Resolution
Exhibit A - Compassionate Certificate Guidelines

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND JOINING AN INTERNATIONAL NETWORK OF

LEADING CITIES WORLDWIDE TO EMBRACE COMPASSION

AS A VALUE

WHEREAS, Compassionate Communities is a global movement that brings people together to build and promote healthy, equitable, and resilient communities; and
WHEREAS, Compassionate Communities empowers children, families, and communities to be compassionate members of society; and

WHEREAS, the City of Upland is committed to creating a framework of compassion as a fundamental value guiding the City; and

WHEREAS, the City of Upland is known for its leadership and innovation in the continuing effort to promote the values of equity and respect for all people; and

WHEREAS, the City of Upland will promote compassion through educational efforts and deliberate actions; and

WHEREAS, numerous Upland residents, City employees, and Upland -based groups, businesses, nonprofits, and community organizations have shared examples of compassionate action in our community.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The City of Upland is a Compassionate Community that aspires to be compassionate and encourage community service to meet the needs of our families, friends, communities, and neighbors.

Section 2. The City will consider recognition of any individual, group, business, or organization who actively seek to create a Compassionate community in Upland as outlined in the criteria in Exhibit A.

Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of March, 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Exhibit A - Guidelines for Compassion Awards

 Intent: Recognize the City of Upland’s commitment to creating a Compassionate community and the positive benefits this brings to Upland residents, businesses, and visitors.
 Eligibility: Any individual, group, business, or organization who actively seeks to create a Compassionate community in Upland as outlined in the criteria below.
 Criteria:
o Nominees must exemplify one or more of the following:
 Work to alleviate the suffering of others.
 Honor the inviolable sanctity of every human being.
 Encourage a positive appreciation and respect of cultural, ethnic, and religious diversity.
 Seek to promote empathy with others.
 Promote and practice environmental sustainability.
 Practice kindness.
 Support citizens and the community to flourish.
 Deadline: Nominations may be made at any time of the year using the City’s Ceremonial Document Request Form. Forms must be submitted 30 days prior to a meeting if there is a requested date for the presentation.  Recognition: Awards will generally be presented at a City Council meeting at which the nominee is recognized (during the presentations section of the meeting). The recipient will receive a certificate.
 Process:
o The Ceremonial Document Request Form is available on the City’s website or by contacting the City Manager’s office.
o The requester will indicate that they are requesting a certificate of “Award for Compassion”
o The form includes a section to describe how the person or organization being nominated embodies the principles of Compassion.
o Nominations may come from anyone other than the individual or organization being nominated.
o Nominations are routed through the City Manager’s office for review and consideration.
o If the nomination is approved the City will present a certificate to the recipient at a designated City Council meeting.

S T A F F R E P O R T
I T E M N O . 10.D .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S I D E R A T I O N O F A R E S O L U T I O N O P P O S I N G T H E V OT E R I N I T I A T I V E 2 1-0 04 2 A 1 (TA X PA Y E R P R OT E C T I O N A N D

G O V E R N M E N T A C C O U N TA B I L I T Y A C T)

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at t h e C it y C ou n c il ad op t a Resolu ti on reg ist ering it s op p osition to a p otential forth com in g b all ot m easu re (I nitiative 21 -00 42 A 1 ), T h e Taxp ayer P rotection an d G overn m en t A ccoun tab ilit y A ct, wh ic h l im it s voters' aut horit y, ad op ts n ew an d s tric ter rules for raising taxes and fees, an d m akes it m ore d ifficu lt to h old violators of state and local law s accoun tab le.

G O A L S T A T E M E N T
Th e p rop osed ac ti on sup p orts t h e C it y's g oal to p rot ect l ocal g overnm ent fu n d in g , p rom ote fiscal stab ility an d en han ce q uality of life th rou g h ad eq uate p u b lic safety.

B A C K G R O U N D
A s you m ay b e aw are t h e C it y's ab i li ty for loc al c on t rol in g overnan ce of t he C it y is erod ed each year b y m and ates b eing h an d ed d ow n from t he S tate. T h i s t h reat t o local g overn m en t, however, is one created an d b acked b y m ajor corp oration s.

I n 20 18 , t he "Tax Fairness, Tran sp aren cy and A ccoun tab ilit y A ct" w as b ei ng circu lat ed to q u alify for th e N ovem b er 2 01 8 b al lot . T h i s in it iat ive w oul d have d rast ically lim ited local reven ue au t h orit y. Th rou g h t h e s uc ces sfu l work an d ad vocacy of t he Leag ue of C alifornia C ities and it s c oali ti on , th e m easure's p rop on en t s w ithd rew t he i n i ti ati ve from t he b all ot i n J u ne 20 18 .

O n J an . 4 , 2 0 2 2 , t h e C ali forn ia B u s in ess Roun d t ab l e fil ed t he Taxp ayer P rotection an d G overn m en t A cc ou n tab il it y A ct an d i s cu rrently i n th e p roces s of g ath ering si g n atu res for the p lacem ent of this in it iat ive on t he n ext g en eral election b al lot . Th is m easu re is far m ore d etrim en tal t o ci ti es than t h e m easu re filed i n 2 01 8, b ecau se it w ould d ecim ate vi tal local an d state services.

Th e Taxp ayer P rotection an d G overn m en t A ccou ntab ility A ct lim its voters' authority, ad op ts new and s tric ter ru les for raising t axes an d fees, an d m akes i t m ore d i ffic u l t to h old violators of state an d local laws accoun tab le.

I S S U E S /A N A L Y S I S
Th e follow in g sum m arizes the im p act of th e m easure on local g overnm ent.

1. L im it vo ter autho rity and acco untability
L im its voter in p u t. P roh ib it s loc al vot ers from p rovid in g d i rec ti on on how loc al t ax d ollars sh ould b e sp ent b y p roh ib itin g local ad visory m easures.

Taxes p rop osed b y the I n it iat ive are su b ject to t he sam e ru les as taxes p l aced on the b allot b y a cit y cou nc il . A l l m easu res p as sed b et w een J an u ary 2 02 2 an d N ovem b er 2 02 2 w ould b e in valid ated u nless reen acted with in 12 m on th s.

2. R estrict lo cal fee autho rity to pro vide lo cal services I m p acts franchise fees. S ets n ew s tan d ard for fees an d charg es p aid for th e u se of local and st ate g overn m en t p rop ert y. T he st and ard m ay si g n ifi can tl y rest ri ct t he am ou nt oil com p an ies, u ti li ti es, g as com p an ies, g arb ag e com p anies, cab le com p anies, an d oth er corp orations p ay for th e u se of loc al p u b l ic p rop ert y. Ren tal an d s ale of local g overn m en t p rop erty m u st b e "reason ab l e" w hich m ust b e p roved b y "clear an d convincin g evid ence."
E xcep t for li cen si n g an d ot her reg u l atory fees, fees an d c h arg es m ay not exceed the "actual cost " of p rovid ing t he p rod u ct or servic e for w hi ch t h e fee is c h arg ed . "A ctu al cost" is the "m inim u m am ou nt n ecessary." T he b u rd en to p rove t h e fee or c h arg e d oes not exceed "actual cost" is chan g ed to "clear and con vin cing " evid ence.

3. R est rict aut ho rit y o f state and lo cal g o vernm ents t o issue fines and penalties fo r vio latio ns o f law
Req u ires voter ap p roval of fin es, p enalties, an d levies for corp orat ion s an d p rop erty ow ners t hat viol ate s tat e an d local laws u n les s a new, un d efined ad ju d i cat ory p roc ess is used to im p ose th e fin es an d p enalties.

4. R estrict lo cal tax autho rity to pro vide lo cal services Req u ires voter ap p roval to exp an d existin g taxes (e.g .,TOT) to new territory (e.g ., ann exation) or exp an d ing th e b ase (e.g ., new u tility service).

N ew taxes can b e im p osed only for a sp ecific tim e p eriod .

Taxes ad op ted after J an . 1, 2 02 2, t h at d o not com p ly w it h t he n ew ru les , are voi d un less reen acted .

A ll state taxes req uire m ajority voter ap p roval.

P rohib its any surch arg e on p rop erty tax rate an d allocation of p rop erty tax to state.

5. O ther changes
N o fee or ch arg e or exact ion reg u lat in g vehicle m i les t raveled c an b e i m p osed as a con d ition of p rop erty d evelop m ent or occu p an cy.

A ccord ing to t he C aliforn ia Leg islat ive A nal yst 's O ffic e (L A O ), t h e p rop osal w ou l d am en d the S tate C ons ti tu ti on to c h an g e th e ru les for h ow th e stat e an d l ocal g overn m en t s can im p ose taxes, fees , and ot h er ch arg es. T he L A O fu rt her s tat es t hat local g overn m en t s will g en erally face g reater restricti ons to rai si n g reven ue. B y exp an d in g t he d efin ition of t axes an d restricting ad m inistrative ch ang es to fees, th e m easu re w ou l d m ake it s om ew h at h ard er for

local g overn m en ts to raise reven ue. C onseq u ently, fu tu re local tax an d fee revenu e cou ld b e lower t h an th ey w ould b e ot herw ise. Th e ext en t to wh ich reven u es w ould b e l ow er is u nkn ow n for loc al g overn m en ts, b u t fees cou ld b e m ore im p ac ted . Th e ac tu al im p act on local g overnm ent revenu e w ou ld d ep end on various factors, in cl u d in g fu tu re d ecision s b y the cou rts, local g overning b od ies, and voters.

C al C i ti es, alon g w it h a b road coalition of local g overn m en t s, lab or and p ub lic safety lead ers, in frastructu re ad vocat es, and b u si n es ses , strong ly op p os e this i ni ti ati ve. C al C it ies is req uesting local ju ri sd ic ti on s ad op t a resolut ion to d em onstrate h ow h arm ful th is m easu re w ould b e to local com m u nities an d the p eop le of C alifornia.

Th e ad op t ion of a Resolu tion in op p osi ti on to I n i ti ati ve N o. 2 1 -0 0 4 A 1 ali g n s w it h t he C oun cil ap p roved L eg islative P latform .

F I S C A L I M P A C T S
I f en acted b y voters, an d d ep en d ing up on fu tu re actions of th e L eg islatu re, local g overnm ents, and voters, this p rop osed in itiative could sub stantially low er an nu al state and local revenu es.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Resolution Opposing Initiative 21-0042A1
Attorney General T itle and S ummary
Initiative No. 21-0042

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, OPPOSING INITIATIVE 21- 0042A1
(TAXPAYER PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT)

WHEREAS, an association representing California's wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and

WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and

WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and

WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and

WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council of the City of Upland will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

Section 3. The City Clerk is directed to email a copy of this adopted resolution to the League of California Cities at [email protected].

Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct

or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of March, 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

February 3, 2022
Initiative 21-0042 (Amdt. 1)

The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR GOVERNMENT SERVICES. INITIATIVE
CONSTITUTIONAL AMENDMENT. For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. (21-0042A1.)

BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-77 59
www.bmhlaw.c om
January 4, 2022
2 1 -0 0 4 2

RECEI VED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COO RDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 -Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~~
Thomas W. Hiltachk

2 1 -0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their r ight to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1

either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childca re, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes " shall be included in a separate, stand-alone section . Any proposed change to the use of the revenue from the tax shall be adopted by a separate act t hat is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2

(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1 viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1 ,• ane 3

that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4

.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupanc y. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5

(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6

as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7

(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other i ni tiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili t y and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decis ion of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8

declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continu ous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4 ) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9

S T A F F R E P O R T
I T E M N O . 10.E .

D A T E :M arch 2 8, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : M I C H A E L B L A Y, C I T Y M A N A G E R S U B J E C T :A N N U A L C I T Y E T H I C S R E V I E W

R E C O M M E N D E D A C T I O N
I t is recom m end ed th at th e C ity C oun cil receive and file th is rep ort on th e an nu al eth ics review.

G O A L S T A T E M E N T
Th e p rop os ed act ion s u p p orts t h e C i ty's g oal of m ai n t ain in g hi g h et hical stan d ard s for staff and elected officials.

B A C K G R O U N D
I n 2 01 1 the U p lan d C ity C oun ci l estab lish ed M u ni ci p al C od e S ect ion 2.5 6 – C od e of E th ics and C on d u ct . Th is ch ap t er d efi nes t he s cop e an d p u rp ose of an eth ical c od e of cond uct, exam p les of p rohib ited con d u ct, and p en alties for u nethical b eh avior.

S ection 2.5 6.0 90 of the cod e req u ires an an nu al revi ew of t he effect iven ess of t his p ol ic y b y th e C ity C oun cil an d p resented b y th e C ity M anag er.

I S S U E S /A N A L Y S I S
Th e c reat ion an d m ai n t en an ce of an eth ical cultu re is im p erati ve to a successfu l m un icip al g overnm ent. A s s u c h , th e U p lan d C ity C ou n ci l and E xecutive S taff recog n ize th at ong oin g m od eling , train in g , an d lead ersh ip is req uired to m ain tain a fou nd ation of ethics.

E very elect ed offi ci al and p u b l ic em p loyee w ho m ake or in flu ence g overnm ent al d eci si on s is req uired to sub m it a S tatem en t of E conom ic I nterest known as Form 70 0. I n ad d ition , A B 12 34 C h ap t er 70 0 req uires cities, cou n t ies , an d sp eci al d ist rict s to p rovi d e eth ic s train in g to

th ese sam e offi ci als . A s su ch , t h e U p land C it y C ou n ci l an d E xecu tive S taff h ave com p leted th e req uired two (2 ) hou rs of eth ics training b i-ann ually.

I n Feb ru ary 20 22 each U p land C it y E m p loyee w as req u i red t o com p lete an on l in e eth ics train in g cou rse p rovid ed b y the C ity’s risk m anag em en t p artn er Keenan an d A ssociates.

C ou rse t op ics i nclu d e: E th ic s an d M on ey, E thics an d C o-W orkers, S c enario b as ed train in g , an d a fin al assessm ent. At this tim e 99 .28 % of all C ity staff h ave com p leted th e req uired train in g .

M aintain in g an eth ical cu lt ure i s th e resp on s ib il it y of every em p loyee an d ap p rop riat e system s are in p lace for the rep orting and in vestig ation of u nethical con d u ct.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act related to th is item .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
No Attachments Available

S T A F F R E P O R T
I T E M N O . 10.F .

D A T E :M arch 2 8, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R S U B J E C T :T E R M I N A T I O N O F 7 T H S T R E E T F I R E LO C A L E M E R G E N C Y

R E C O M M E N D E D A C T I O N
I t is rec om m end ed th at the C i ty C ou n c il ad op t a Res olu ti on term i n at in g t he 7t h S t reet F ire local em erg ency.

G O A L S T A T E M E N T
Th e p rop osed action su p p orts th e C ity's g oal to p rotect th e p ub lic ord er and the health , safety, and g en eral w elfare of th e com m u nity.

B A C K G R O U N D
O n M ay 4 , 2 02 1, a fire b roke ou t at an ap artm ent c om p lex at 9 68 West 7t h S treet in Up lan d .

D esp ite th e S an B ern ard in o C ou nt y F i re D ep artm ent res p on d i ng w it h 27 firefig ht in g u n i ts an d receiving su p p ort from 3 ot h er ag enc ies , over 20 0 p eop le from d ozen s of un its i n th e com p lex w ere d isp laced .

Th e D i rec tor of E m erg en cy S ervic es of the C i ty of U p lan d , em p owered b y O rd i n an ce N o. 1 84 3, p roclaim ed t h e existen ce of a local em erg ency d u e t o the c on d it ion s of extrem e p eril t o the safety and p rop erty of p eop le w ithin t h e city as a resu lt of t he fi re. O n M ay 1 0, 2 02 1 C ity C ou ncil ratified the p roclam ation d eclaring an em erg ency b y ap p rovin g Resolu tion N o. 6 58 5.

I S S U E S /A N A L Y S I S
Th e resp on se t o w hat b ec am e kn ow n as th e 7 th S treet F ire was swi ft an d en com p as si n g . T he S an B ernard ino C ou n ty O ffice of E m erg en cy S ervices, an d K las h a Ray as t h e C ity's E m erg en cy S ervices O ffic er w ith t he C ou n ty assisted w it h org an izin g th e resp on se. Up lan d Un ified S c h ool D istrict (U U S D ) op en ed a Tem p orary E vacu ati on Point at C i trus E lem entary S chool, w it h th e Red C ros s reg isterin g 72 p eop le with th e as si st an c e of 11 U U S D em p loyees

and U p lan d C E RT. T he C ity of U p l an d sig ned a M em orand um of U nd erstan d ing w it h Up lan d C om m u nity Resources C en ter to b e th e p oint ag en cy for d on ations and assisting th ose affected with fin d i ng h ou si n g . A L ocal A ssistan ce C ent er was arran g ed th e foll ow in g week to p rovid e ac ces s to C oun ty, local an d p rivate res ources to ass is t those affec ted . D on ati ons w ere p rovid ed from the p ub lic as w ell as a n um b er of p rivate and p u b lic org anization s.

At t h i s tim e, t h e si tu ati on resulting from t he 7t h S treet F i re is n ow d eem ed to b e wi th in the con trol of the n orm al p rotective services, p erson nel, eq u ip m en t, an d facilities of and w ithin the C ity of U p land , and th e local em erg ency can b e term in ated .

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Resolution Terminating Local Emergency
7th Street Fire P roclamation and Ratification

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND,

CALIFORNIA TERMINATING THE EXISTENCE OF A LOCAL
EMERGENCY CAUSED BY THE 7TH STREET FIRE

WHEREAS, a local emergency existed in the City of Upland in accordance with Resolution No. 6585 adopted by the City Council on the 10th day of May, 2021 as a result of the displacement of over 200 people as the result of a fire at an apartment complex at 968 West 7th Street in Upland; and

WHEREAS, thanks to the immediate and ongoing efforts of the County of San Bernardino Office of Emergency Services, Upland Unified School District, the American Red Cross, the Upland Community Resources Center and many more County and partner agencies, the situation resulting from said fire is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within said City of Upland.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The above findings are true and correct.

Section 2. The City Council does hereby proclaim the termination of said local emergency.

Section 3. Certification. The City Clerk shall certify the adoption of this Resolution and enter it into the book of original resolutions.

Section 4. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of March, 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

S T A F F R E P O R T
I T E M N O . 10.G .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

T E R R Y D OY L E , H U M A N R E S O U R C E S /R I S K M A N A G E R S U B J E C T :A M E N D M E N T TO T H E A G R E E M E N T W I T H A T K I N S O N , A N D E L S O N ,

LOYA , R U U D & R O M O L A W F I R M F O R E M P LOY M E N T L A W

S E R V I C E S

R E C O M M E N D E D A C T I O N
I t is recom m en d ed t h at t h e C i ty C ou n c il ap p rove an am end m en t to th e orig in al ag reem en t w ith Atkin son , A n d elson , L oya, Ruu d & Rom o (A A L R R ) L aw F irm for em p loym en t law services; and authorize th e C ity M anag er to execu te the am end m en t.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s th e C i ty's g oal of ret ain in g m un icip al leg al s ervi ces to en su re th e C ity receives kn ow led g eab le an d exp erienced leg al ad vice.

B A C K G R O U N D
Th e orig in al ag reem en t wi th At kin son , A n d elson , Loya, Ru ud & Rom o Law F i rm d ated S ep tem b er 22 , 20 21 w as p rim arily for em p loym en t law services related to cu rrent litig ation .

I S S U E S /A N A L Y S I S
A s t h e C it y rem ain s a li ti g an t i n m ul ti p l e em p loym ent -related lawsuits, an am en d m ent to the orig inal ag reem en t is n ecessary. I t is b en efic ial for the C it y t o contin ue u si n g A A L R R for ong oin g l it ig ati on d u e t o th eir exp eri en c e an d knowled g e of t he history of th e m att ers b ein g litig ated . Th is am en d m en t will exten d th e am ou n t of th e ag reem en t to a not-to-exceed am ou nt of $4 34 ,00 0.

F I S C A L I M P A C T S
W ith a b ud g et ad ju stm en t ap p roved in the M id -Year B u d g et U p d ate, the F iscal Year 20 21 /20 22 op erati n g b ud g et inclu d es b u d g et for th ese l eg al services. N o ad d ition al ap p rop riations is necessary.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Amendment No. 1
Agreement to Retain L egal S ervices

AMENDMENT NO. 1 TO THE AGREEMENT TO RETAIN LEGAL SERVICES WITH ATKINSON, ANDELSON,

LOYA, RUUD & ROMO
This Amendment No. 1 to the Agreement to Retain Legal Services is made and entered into as of March 16, 2022, by and between the City of Upland, a municipal corporation (“City”) and Atkinson, Andelson, Loya, Ruud and Romo, (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”.

WHEREAS, the City and Consultant have entered into an agreement, dated September 22, 2021, for the purposes of providing legal services to the City (the “Original Agreement”).

WHEREAS, the Parties desire to continue their relationship subject to the terms and conditions as stated in the Original Agreement, dated September 22, 2021.

WHEREAS, the current amount of the legal services has exceeded the original amount of fifty thousand dollars ($50,000).

WHEREAS, the Parties desire to amend the amount for services to four hundred, thirty-four thousand dollars ($434,000) for the continued performance of services.

NOW, THEREFORE, the Parties agree:

1. The Original Agreement is hereby amended for services rendered under the Original Agreement with a not to exceed amount of four hundred, thirty-four thousand dollars ($434,000).

2. All the remaining terms and conditions of the Original Agreement shall remain unchanged and in full force and effect and shall govern the conduct of the Parties during the term.

3. Each person signing this Amendment No. 1 to the Original Agreement on behalf of a Party represents and warrants that he or she has the necessary authority to bind such Party and that this Amendment No. 1 is binding on and enforceable against such Party.

4. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the City and Consultant have approved this Amendment No. 1 effective on the day and year first above written.

CITY: CONSULTANT:

City of Upland Atkinson, Andelson, Loya, Ruud & Romo 460 N. Euclid Avenue. 12800 Center Court Drive South, Suite 300 Upland, CA 91786 Cerritos, CA 90703

By: ________________________________ By: ___________________________________ Michael Blay Irma Rodriguez Moisa
City Manager Attorney

ATTEST: APPROVED AS TO FORM:

By: ________________________________ By: _______________________________ Keri Johnson Stephen Deitsch
City Clerk City Attorney

S T A F F R E P O R T
I T E M N O . 10.H .

D A T E :M arch 2 8, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

LO N D A B O C K-H E L M S C PA , F I N A N C E O F F I C E R S U B J E C T :T R E A S U R E R 'S R E P O R T F E B R U A R Y 2 02 2

R E C O M M E N D E D A C T I O N
I t is recom m end ed that th e C ity C oun cil receive and file th e Feb ruary 20 22 Treasu rer's Rep ort.

G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p ort s the C i ty's g oal to m an ag e th e C it y's resources i n a fiscally resp on sib le m an ner.

B A C K G R O U N D
Per C aliforn ia G overn m en t C od e S ect ion 53 64 6(b ), the C it y's treasu rer or ch ief fi sc al officer m ay rend er a treasu rer's rep ort t o th e C it y C ou n c il on a q uarterly b asi s. Th e C ity has elected to p rovi d e th is rep ort t o C it y C oun ci l m on th ly, b u t t he C ity's I n ves tm en t Policy (ap p roved D ecem b er 13 , 20 21 ) req u ires t he I n ves tm en t O fficers t o p rovid e a rep ort q uarterly t o the F inan ce C om m itt ee at reg u larly sc h ed u l ed m eeting s. Th is rep ort sh all i nc lu d e th e t yp e of in vestm en t, issu er, d ate of m aturity, p ar, and d ollar am ou nt invested on all securities, curren t m arket valu e as of th e d ate of th e rep ort , in vestm en ts an d m onies h el d b y t h e l ocal ag en cy, and s h al l ad d i ti onal ly inclu d e a d es crip ti on of an y of t he local ag en c y's fun d s , in vest m en ts, or p rog ram s, t hat are u n d er the m an ag em ent of con tract ed p art ies, i nclu d i ng l en d in g p rog ram s.

Th e rep ort sh all in clud e a st atem en t of c om p li an c e w ith th e i n ves tm en t p olicy an d shall in clud e a st atem ent n ot in g t h e C ity's ab ilit y to m eet i ts exp end iture req uirem ent s for th e n ext six m on th s.

I S S U E S /A N A L Y S I S
Th e su b m ission of the m onthly Treasu rer's Rep ort is a com p liance m easure.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
T reasurer's Report F ebruary 2022

S T A F F R E P O R T
I T E M N O . 10.I.

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

T E R R Y D OY L E , H U M A N R E S O U R C E S /R I S K M A N A G E R S U B J E C T :C O N S I D E R A T I O N O F A R E S O L U T I O N D E L E G A T I N G A U T H O R I T Y

TO T H E C I T Y M A N A G E R TO M A K E D E T E R M I N A T I O N S R E L A T I N G

TO D I S A B I L I T Y R E T I R E M E N T S F O R LO C A L S A F E T Y M E M B E R S

R E C O M M E N D E D A C T I O N
I t is recom m en d ed t hat th e C it y C oun cil ad op t a Resol ut ion d eleg ating au t h orit y t o t he C ity M an ag er t o m ake d eterm i n at ion s u n d er S ect ion 21 15 6 of t he G overnm ent C od e, relating to D isab ility Retirem en ts for local safety m em b ers.

G O A L S T A T E M E N T
Th e p rop osed ac ti on sup p orts t he C i ty's g oal to p rovid e U p l an d em p loyees wi th a fair com p en sation and b enefit p ackag e, wh ich as si st s in the effort to recru i t and ret ain t he b est em p loyees, an d to fos ter and m ain tai n h arm onious l ab or relations wi th all C it y em p loyee g roup s.

B A C K G R O U N D
O n th e 1 5t h of M ay, 19 78 th e U p l an d C it y C ou ncil ad op t ed a resolu tion d el eg at in g au t h orit y to th e C ity M anag er t o m ake d eterm i n at ion s on b ehalf of th e C i ty C ou n ci l reg ard i n g d isab ility retirem en ts, an d w h et h er th e d is ab i li ty is in d u st rial, an d to certi fy s u c h d eterm inat ion s to the P u b lic E m p loyees' Retirem en t System (C al P E R S ).

C al P E R S rout in ely as ks t h e C ity t o p rovid e an u p d ated resolution d eleg at in g t hi s au th ori ty to th e C ity M an ag er. Th is is a m in isterial and rou ti n e up d ate and d oes n ot reflect a c h an g e to any b enefit structu re or elig ib ility for th e b en efit.

I S S U E S /A N A L Y S I S
I n th e even t a loc al safet y em p loyee h as sustai ned a d is ab i li ty in the c ou rse of em p loym en t, he or sh e m ay b e elig ib le for an I n d u s trial D is ab i li ty Retirem ent (I D R ) as d efin ed b y C al P E R S. I n ord er for an em p loyee to q u alify for t h i s b en efit, th e au t h orized sig n er, t h e C ity M an ag er, m u st ap p rove an d sig n the req u ired d ocu m en ts.

O n J un e 14 , 20 21 , th e C ou n c il au th orized A cting C ity M anag er S tep h en Parker to b e authorized to si g n I D R on b ehal f of the C i ty. A new C i ty M an ag er w as hired on N ovem b er 9, 20 21 and it is n ow req u es ted that th e C i ty C ou ncil p rovid e au t h orizati on for t he c u rren t C ity M an ag er M ichael B lay th e ab ility t o sig n th e req u ired d ocum ents. A s th e sig ner, the C ity M an ag er au th ori zes p rovid in g th e P u b lic E m p l oyees' Retirem ent Sys tem w ith th e necessary in form ation to d eterm i ne wh eth er an em p l oyee, in em p loym ent wh ic h h e/sh e is c las si fied as a local s afety m em b er, i s d i sab led for p u rp os es of t h e P u b l ic E m p loyees' Ret irem en t L aw an d w hether su ch d isab ility is "in d u strial" with in th e m ean in g of such law.

F I S C A L I M P A C T S
Th is action has no d irect fiscal im p act.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Resolution delegating authority to C M

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA DELEGATING AUTHORITY TO THE

CITY MANAGER TO MAKE DETERMINATIONS RELATING TO
DISABILITY RETIREMENTS FOR LOCAL SAFETY MEMBERS.

WHEREAS, the City of Upland (herein referred to as Agency) is a contracting agency of the Public Employees’ Retirement System; and

WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and whether such disability is industrial within the meaning of such Law; and

WHEREAS, the City Council has determined upon legal advice that it may delegate authority under Section 21173 of the Government Code to make such determinations to the incumbent of the office/position of City Manager.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. That the City Council delegate and it does hereby delegate to the incumbent of the office/position of City Manager authority to make determinations under Section 21156 of the Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees’ Retirement System.

Section 3. That such incumbent be authorized to make applications on behalf of the Agency for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

Section 4. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Resolution No.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of March 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

S T A F F R E P O R T
I T E M N O . 10.J.

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : R O B E R T D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R

L I Z C H A V E Z , D E V E LO P M E N T S E R V I C E S M A N A G E R S U B J E C T :R E V I E W O F T H E 20 21 H O U S I N G E L E M E N T A N N U A L P R O G R E S S

R E P O R T O N I M P L E M E N TA T I O N O F T H E G E N E R A L P L A N H O U S I N G

E L E M E N T

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at the C ity C ou ncil rec eive com m en ts from th e p ub lic on th e 2 02 1 H ousin g E lem en t A n nu al E lem en t P rog ress Rep ort (“A P R”) and d irect st aff to su b m it it to the G overn or’s O ffice of P lann in g an d Res earc h an d t h e C ali forn ia D ep art m en t of H ou si n g an d C om m u nity D evelop m ent.

G O A L S T A T E M E N T
Th e p rop osed ac ti on su p p ort s the p rovision of accurate and t h orou g h in form ati on in a tim ely m an ner to en su re that com m u nity m em b ers have an op p ortun ity to resp ond effectively.

B A C K G R O U N D
C alifornia G overn m en t C od e S ect ion 6 5 4 0 0 (“S ec ti on 65 40 0”) req uires ci ti es an d coun ties to su b m it an A P R t o t h e S tate B y A p ril 1 of each year. A P R s m ust b e su b m it ted t o t w o S tate ag en cies: t he G overnor’s O ffi ce of P lan n i n g an d Research (O P R ) an d th e D ep artm en t of H ousin g an d C om m un ity D evelop m en t (H C D ). Th e A P R s d escrib e each jurisd iction ’s p rog ress in im p lem en ting th e hou sing elem ents of their G en eral P lans.

Two laws t h at took effect on J an u ary 1, 20 18 (S B 3 5 an d A B 87 9) m ad e various u p d ates to th e h ou s in g elem en t an d ann ual rep ort req u irem en ts to p rovid e d at a on local im p lem entation.

Th ese laws exp an d ed the typ es of d at a t h at m u st b e rep orted in t he A P R 's. T he d raft 2 02 1 A P R (Attach m en t 1) p rovid es an up d ate on the C ity’s p rog ress in im p lem entin g th e 2 01 3- 20 21 H ousin g E lem en t. T he A P R d escrib es the C ity’s accom p lishm ents throug h the en d of

calend ar year 2 02 1 th at cont rib u te tow ard m eeting i ts Reg i onal H ou si n g N eed s A llocation (R H N A ).

Th e action b ei ng c on s id ered d oes n ot con st it ut e a “p roject ” w ithin th e m eani ng of the C alifornia E n vironm ent al Q u ality A c t (“C E Q A”) p u rsu an t to C E Q A G uid elin es sec ti on 1 53 78 (b ) (5) in that it is a g overnm ental org anization or ad m inistrative activity th at w ill not resu lt in d irect or in d irect chan g es in th e environ m en t.

I S S U E S /A N A L Y S I S
Th e A P R i s th e S t ate’s tool for tracki ng an d m onitorin g t he C it y’s p rog ress in m eet in g local hou sing n eed s an d com p li ance w i th S t ate h ou si n g elem ent l aw. T h ere are n in e (9) com p on ents to t he A P R . T hes e com p on ents are d escrib ed fu rt h er b el ow and d ep i ct ed in the Attach m en t t o this rep ort. Th e form is t h e S t ate’s form an d i s d i fficul t t o read , an d w il l req uire certain p ag es to b e m ag nified to b e leg ib le. T he A P R form is also p rovid ed on the D evelop m en t S ervices D ep artm en t ’s web p ag e an d can b e viewed usin g th e fol lowi n g link:
http s://www.up lan d ca.g ov/h ousin g -rep orts

Th ese com p onen ts are d escrib ed furth er b elow an d p rovid ed in Attach m en t 1 .

Part 1 - Tab le A d esc ri b es t h e nu m b er of H ou sing D evelop m en t ap p li cat ion s su b m it ted . Tab le A-2 d escrib es ann ual resid ential activity wh ich sp ecifies wh en an ap p lication w as sub m itted , entitled , p erm itted an d com p leted p ursu ant to the incom e levels. I n Tab le A , two p rojects w ith a t otal of 1 92 resi d en ti al u n it s were p rop osed i n 2 02 1, su b s eq u ent ly, th e sam e 2 p rojec ts w ere ap p roved with 1 92 resid en tial un its. I n Tab le A , t he sam e 2 p rojects were en titled in 2 02 1 w ith 19 2 u nits all at ab ove-m od erate incom e level . A total of 1 24 b u ild ing p erm it s were issu ed in 2 02 1 w ith 54 u nits at m od erate- in com e level and 7 0 un its at ab ove- m od erate incom e level, an d a total of 32 2 un its com p leted /fin aled in 20 21 ; of w hich , 2 7 w ere m od erate- incom e level un its an d 2 95 w ere ab ove- m od erate in com e level un its.

Part 2 - Tab l e B d esc ri b es th e Reg i on al H ou s in g N eed s A ll ocat ion P rog ress. A total of 12 4 un its were issu ed p erm its in 2 02 1; with 70 un it s at th e ab ove- m od erate incom e level; an d , 54 at the m od erate- incom e level.

Part 3 - Tab le C d escrib es th e n u m b er of sites id en t ifi ed or rezon ed t o acc om m od at e shortfall hou sing need s. N on e ap p roved in th is p eriod .

Part 4 - Tab le D d esc ri b es H ou s in g E l em en t P rog ram I m p l em en tat ion st atu s. A ll p rog ram s in clud in g l ocal efforts to rem ove g overn m en t al con strains to th e m ai nt enan ce, im p rovem en t, and d evelop m ent of hou sing as ind entified in the h ousin g elem en t h ave b een up d ated .

Part 5 - Tab le E d escri b es the n u m b er of C om m erc ial D evel op m ent B on u s ap p roved . N one ap p roved in th is p eriod .

Part 6 - Tab le F d esc ri b es th e n um b er of un it s rehab il it ated , p reserved an d ac q u ired for altern ative ad eq uate site. A total of 1 4 u nits w ere rehab ilitated d u ring th is p eriod .

Part 7 - Tab le G d escrib es C ity ow ned lan d sold , leased , d isp osed of for th e p u rp ose of creatin g afford ab le hou sing . N one in this p eriod .

Part 8 - Tab le H i d en ti fies loc all y ow n ed su rp lu s s it es. T h e C it y ow n s 13 p arcel s of wh ich 6 are in th e p rocess of b ein g sold to a d evelop er wh o w ill b uild a p rop osed 2 9 u nit tow nh om e p roject of w hich 15 % w ill b e reserved for low -in com e hou seh old s.

Part 9 - L E A P Rep orti ng : Th e city m u st rep ort if it received L E A P fu n d i n g d u ri ng th is year an d exp lain how the fu nd in g was used . N o fu nd s were received in C Y 20 21 .

F I S C A L I M P A C T S
S u b m ittal of th e A P R is req u ired b y S tat e l aw, an d m ay ass is t t he C i ty in q u alifyin g for fu tu re S tate g ran t op p ort u n it ies . O t h erw is e, as t h e rep ort i s p rim ari ly for in form ation p u rp oses, this action d oes not have an y fiscal im p act.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
2021 AP R Report

Jurisdiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 9_10_21
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated.
460 N. Euclid Ave.

Upland
91786
Please Start Here
General Information
2021
Upland
Contact Information
Liz
Chavez
Development Services Manager
[email protected]
9099314146
Mailing Address
Annual Progress Report January 2020

Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 1007-041-05 NA NA The Enclave DPR-20-0010 SFA O 8/12/2020 76 76 76 No 1007-041-05 NA NA The Enclave DPR-20-0010 SFD O 8/13/2020 116 116 116 No 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 192 192 1007-041-05 NA NA Enclave SFA O 76 2/24/2021 76
1007-041-05 NA NA Enclave SFD O 116 2/24/2021 116
1047-181-02 1047-181-02 1252 E. 7th Street Kiva DPR-20-0004 SFA R 0 1044-122-01 1044-122-01 1160 E. 201th
Street Colonies Condos DPR-20-0008 5+O 0
1044-122-01 1044-122-03 1162 E 19TH ST Wood Partners B201900379, 46 5+R 0 1045-121-04 1045-121-04 NA Villa Serena TTM-20245 SFD O 0 1046-333-32 229 N. SAN
Antonio
San Antonio
Apartments 2 to 4 R 0
1046-462-16 1046-462-16 278 N. 11TH
Avenue
11th Street
Apartments 2 to 4 R 0
1046-102-13 1046-102-13 708 Mesa Court Mesa Court Apt 5+R 0 1046-501-09 1337 Bowen Street Ridgecrest P2 SFA O 0
1046-532-17 104 N. 13th Avenue 13th Ave Apartments 2 to 4 R 0 1046-582-13, 14,
15, 16, 17, 18, 19 102 East A Astreet ATI Packing House Apt 5+R 0
1046-501-82 165 TARRAGON
WAY Ridgecrest P1 B20200028 SFA O 0
1046-501-82 163 TARRAGON
WAY Ridgecrest P1 B20200029 SFA O 0
1046-501-82 161 TARRAGON
WAY Ridgecrest P1 B20200030 SFA O 0
1046-501-82 159 TARRAGON
WAY Ridgecrest P1 B20200031 SFA O 0
1046-501-82 157 TARRAGON
WAY Ridgecrest P1 B20200032 SFA O 0
1046-501-82 155 TARRAGON
WAY Ridgecrest P1 B20200033 SFA O 0
1046-501-82 164 TARRAGON
WAY Ridgecrest P1 B20200074 SFA O 0
1046-501-82 162 TARRAGON
WAY Ridgecrest P1 B20200075 SFA O 0
1046-501-82 160 TARRAGON
WAY Ridgecrest P1 B20200076 SFA O 0
1046-501-82 158 TARRAGON
WAY Ridgecrest P1 B20200077 SFA O 0
1046-501-82 156 TARRAGON
WAY Ridgecrest P1 B20200078 SFA O 0
1046-501-82 154 TARRAGON
WAY Ridgecrest P1 B20200079 SFA O 0
1046-501-82 149 ROSEMARY
WAY Ridgecrest P1 B20200034 SFA O 0
1046-501-82 147 ROSEMARY
WAY Ridgecrest P1 B20200035 SFA O 0
1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement

1046-501-82 145 ROSEMARY
WAY Ridgecrest P1 B20200036 SFA O 0
1046-501-82 143 ROSEMARY
WAY Ridgecrest P1 B20200037 SFA O 0
1046-501-82 141 ROSEMARY
WAY Ridgecrest P1 B20200038 SFA O 0
1046-501-82 139 ROSEMARY
WAY Ridgecrest P1 B20200039 SFA O 0
1046-501-82 1341 CLARY CT Ridgecrest P1 B20200040 SFA O 0 1046-501-82 1345 CLARY CT Ridgecrest P1 B20200041 SFA O 0 1046-501-82 1349 CLARY CT Ridgecrest P1 B20200042 SFA O 0 1046-501-82 1353 CLARY CT Ridgecrest P1 B20200043 SFA O 0 1046-501-82 137 ROSEMARY
WAY Ridgecrest P1 B20200048 SFA O 0
1046-501-82 135 ROSEMARY
WAY Ridgecrest P1 B20200021 SFA O 0
1046-501-82 1344 CLARY CT Ridgecrest P1 SFA O 0
1046-501-82 1348 CLARY CT Ridgecrest P1 B20200045 SFA O 0 1046-501-82 1352 CLARY CT Ridgecrest P1 B20200046 SFA O 0 1046-501-82 1358 CLARY CT Ridgecrest P1 B20200047 SFA O 0 1046-501-82 1347 CORIANDER
CT Ridgecrest P1 B202000050 SFA O 0
1046-501-82 1351 CORIANDER
CT Ridgecrest P1 B202000051 SFA O 0
1046-501-82 1355 CORIANDER
CT Ridgecrest P1 B202000052 SFA O 0
1046-501-82 1359 CORIANDER
CT Ridgecrest P1 B202000053 SFA O 0
1046-501-82 1336 CORIANDER
CT Ridgecrest P1 B202000054 SFA O 0
1046-501-82 1338 CORIANDER
CT Ridgecrest P1 B202000055 SFA O 0
1046-501-82 1340 CORIANDER
CT Ridgecrest P1 B202000056 SFA O 0
1046-501-82 1342 CORIANDER
CT Ridgecrest P1 B202000057 SFA O 0
1046-501-82 1346 CORIANDER
CT Ridgecrest P1 B202000058 SFA O 0
1046-501-82 1350 CORIANDER
CT Ridgecrest P1 B202000059 SFA O 0
1046-501-82 1354 CORIANDER
CT Ridgecrest P1 B202000060 SFA O 0
1046-501-82 1356 CORIANDER
CT Ridgecrest P1 B202000061 SFA O 0
1046-501-82 1360 CORIANDER
CT Ridgecrest P1 B202000062 SFA O 0
1046-501-82 1335 THYME CT Ridgecrest P1 B202000063 SFA O 0 1046-501-82 1337 THYME CT Ridgecrest P1 B202000064 SFA O 0 1046-501-82 1339 THYME CT Ridgecrest P1 B202000065 SFA O 0 1046-501-82 1341 THYME CT Ridgecrest P1 B202000066 SFA O 0 1046-501-82 1345 THYME CT Ridgecrest P1 B202000067 SFA O 0 1046-501-82 1349 THYME CT Ridgecrest P1 B202000068 SFA O 0 1046-501-82 1353 THYME CT Ridgecrest P1 B202000069 SFA O 0 1046-501-82 1357 THYME CT Ridgecrest P1 B202000070 SFA O 0 1046-501-82 1361 THYME CT Ridgecrest P1 B202000071 SFA O 0 1046-501-82 108 BASIL WAY Ridgecrest P1 B202000072 SFA O 0 1046-501-82 104 BASIL WAY Ridgecrest P1 B202000073 SFA O 0 1006-532-56 1555 Kats Way GFR Homes B201900042 SFA O 0
1006-532-06 1554 Kats Way GFR Homes B201901388 SFA O 0
1006-532-06 1119 Kats Way GFR Homes B201901389 SFA O 0
1044-811-19 724 Highline Way Watt Communities B201900271 SFA O 0

1044-811-35 682 Highline Way Watt Communities B201900272 SFA O 0 1044-811-35 683 Highline Way Watt Communities B201900273 SFA O 0 1044-811-35 684 Heritage Lane Watt Communities B201900275 SFA O 0 1044-811-35 683 Heritage Lane Watt Communities B201900280 SFA O 0 1044-811-19 763 HighlIne Way Watt Communities B201900284 SFA O 0 104446325 1610 MICKELSON
CT Upland Hills B201800787 SFD O 0
104446324 1616 MICKELSON
CT Upland Hills B201800738 SFD O 0
104446319 1611 MICKELSON
CT Upland Hills B201800734 SFD O 0
104446320 1614 NICKLAUS
CT Upland Hills B201800789 SFD O 0
1044-491-123 1623 NICKLAUS
CT Upland Hills B201901449 SFD O 0
1044-491-123 1615 NICKLAUS
CT Upland Hills B201901451 SFD O 0
1044-491-123 1609 NICKLAUS
CT Upland Hills B201901452 SFD O 0
1044-491-123 1610 NICKLAUS
CT Upland Hills B201901450 SFD O 0
1007-021-16 841 Cherry Way Lennar B201901347 SFD O 0
1007-021-16 837 Cherry Way Lennar B201901348 SFD O 0
1007-021-16 829 Cherry Way Lennar B201901349 SFD O 0
1007-021-16 823 Cherry Way Lennar B201901350 SFD O 0
1007-021-16 815 Cherry Way Lennar B201901351 SFD O 0
1007-021-16 803 Cherry Way Lennar B201901352 SFD O 0
1007-021-16 804 Cherry Way Lennar B201901353 SFD O 0
1007-021-16 816 Cherry Way Lennar B201901354 SFD O 0
1007-021-16 824 Cherry Way Lennar B201901355 SFD O 0
1007-021-16 830 Cherry Way Lennar B201901356 SFD O 0
1007-021-16 838 Cherry Way Lennar B201901357 SFD O 0
1007-021-16 842 Cherry Way Lennar B201901358 SFD O 0
1007-021-16 843 Cranberry Way Lennar B201901294 SFD O 0 1007-021-16 839 Cranberry Way Lennar B201901295 SFD O 0 1007-021-16 931 Cranberry Way Lennar B201901296 SFD O 0 1007-021-16 825 Cranberry Way Lennar B201901297 SFD O 0 1007-021-16 817 Cranberry Way Lennar B201901298 SFD O 0 1007-021-16 805 Cranberry Way Lennar B201901299 SFD O 0 1046-102-13 1046-102-13 760-790 MESA CT
BLDG 1 Mesa Court Apt B201902041 5+R 0
Not Available
1715

AMARANTHUS

TREE PL
Sycamore Hills PA3 B202002494 SFA O
0 Not Available
1772 H TULIP

TREE PL
BUUILDING 5
Sycamore Hills PA3 B202002161 SFA O
0 Not Available
1718

AMARANTHUS

TREE H PL
BUILDING 18
Sycamore Hills PA3 B202002175 SFA O
0 Not Available
1740 HEMLOCK

TREE H PL
BUILDING 13
Sycamore Hills PA3 B202002169 SFA O
0

Not Available
1724 BLANKET

FLOWER H PL
BUILDING 17
Sycamore Hills PA3 B202100061 SFA O
0 Not Available
1732 H BEECH

TREE PL
BUILDING 15
Sycamore Hills PA3 B202002171 SFA O
0 Not Available
1780 H

PALMETTO
BUILDING 3
Sycamore Hills PA3 B202002159 SFA O
0 Not Available
1725 H BLANKET

FLOWER PL
BUILDING 16
Sycamore Hills PA3 B202002172 SFA O
0 Not Available
1749 H

FRANKLIN TREE
PL BUILDING 10
Sycamore Hills PA3 B202002166 SFA O
0 Not Available 1764 H ACADIA
PL BUILDING 7 Sycamore Hills PA3 B202002163 SFA O 0
Not Available
1733 H BEECH

TREE PL
BUILDING 14
Sycamore Hills PA3 B202002157 SFA O
0 Not Available
1725 H BLANKET

FLOWER PL
BLDG. 16
Sycamore Hills PA3 B202100062 SFA O
0 Not Available
1773 H TULIP

TREEE PL
BUILDING 4
Sycamore Hills PA3 B202002160 SFA O
0 Not Available
1775 H

PALMETTO TREE
PL BUILDING 1
Sycamore Hills PA3 B202002170 SFA O
0 Not Available
1706 H ALMOND

TREE PL
BUILDING 23
Sycamore Hills PA3 B202002181 SFA O
0 Not Available
1756 H APRICOT

TREE PL
BUILDING 9
Sycamore Hills PA3 B202002165 SFA O
0 Not Available
1757 H APRICOT

TREE PL
BUILDING 8
Sycamore Hills PA3 B202002164 SFA O
0 Not Available
1741 HEMLOCK

TREE H PL
BUILDING 12
Sycamore Hills PA3 B202002168 SFA O
0 Not Available
1742 H

FRANKLIN TREE
PL BUILDING 11
Sycamore Hills PA3 B202002167 SFA O
0 Not Available 1765 H ACADIA
PL BUILDING 6 Sycamore Hills PA3 B202002162 SFA O 0
Not Available
1719

AMARANTHUS

TREE H PL
BLDG 18
Sycamore Hills PA3 B202002174 SFA O
0 Not Available 1713 CEDAR
TREE PL H Sycamore Hills PA3 B202002176 SFD O 0
Not Available 1712 CEDAR
TREE PL H Sycamore Hills PA3 B202002177 SFD O 0
Not Available 929 OLIVE ST B202100138 SFD O 0
Not Available 1935 N EUCLID
AVE Crestwood B202100053 SFD O 0
Not Available 1594 REDWOODS
PLACE DR Sycamore Hills PA3 B202100307 SFD O
0 Not Available 1590 REDWOODS
PLACE DR Sycamore Hills PA3 B202100304 SFD O
0 Not Available 1588 REDWOODS
PL DR Sycamore Hills PA3 B202100308 SFD O
0 Not Available 366 N PALM AVE B202100107 SFD O 0

Not Available 1596 ROSEWOOD
PL Sycamore Hills PA3 B202100541 SFD O 0
Not Available 1599 REDWOODS
DRIVE PL Sycamore Hills PA3 B202100305 SFD O
0 Not Available 1596 REDWOODS
DRIVE PL Sycamore Hills PA3 B202100302 SFD O
0 Not Available 1592 REDWOODS
DRIVE PL Sycamore Hills PA3 B202100303 SFD O
0 Not Available 1651 CORAL
BELLS PL Sycamore Hills PA3 B202100256 SFD O 0
Not Available 1604 MAHOGANY
TREE PL Sycamore Hills PA3 B202100297 SFD O 0
Not Available 1646 CORAL
BELLS PL Sycamore Hills PA3 B202100261 SFD O 0
Not Available 1612 MAHOGANY
TREE PL Sycamore Hills PA3 B202100295 SFD O 0
Not Available
1620

HONEYSUCKLE
PL
Sycamore Hills PA3 B202100523 SFD O
0 Not Available
1616

HONEYSUCKLE
PL
Sycamore Hills PA3 B202100526 SFD O
0 Not Available 1610 MAHOGANY
TREE PL Sycamore Hills PA3 B202100294 SFD O 0
Not Available 1543 N EUCLID
AVE Sycamore Hills PA3 B202002258 SFD O 0
Not Available 1614 MAHOGANY
TREE PL Sycamore Hills PA3 B202100293 SFD O 0
Not Available 1598 REDWOODS
DRIVE PL Sycamore Hills PA3 B202100301 SFD O
0 Not Available 1603 MAHOGANY
TREE PL Sycamore Hills PA3 B202100300 SFD O 0
Not Available 1598 ROSEWOOD
PL Sycamore Hills PA3 B202100540 SFD O 0
Not Available 1940 LAUREL AVE Crestwood B202100056 SFD O 0 Not Available 1602 MAHOGANY
TREE PL Crestwood B202100299 SFD O 0
Not Available 1939 LAUREL AVE Sycamore Hills PA3 B202100057 SFD O 0 Not Available 1597 REDWOODS
PLACE DR Sycamore Hills PA3 B202100306 SFD O
0 Not Available 1590 ROSEWOOD
PL Sycamore Hills PA3 B202100547 SFD O 0
Not Available 1597 ROSEWOOD
PL Sycamore Hills PA3 B202100542 SFD O 0
Not Available 1939 N EUCLID
AVE Crestwood B202100055 SFD O 0
Not Available 1653 CORAL
BELLS PL Sycamore Hills PA3 B202100255 SFD O 0
Not Available 1588 ROSEWOOD
PL Sycamore Hills PA3 B202100543 SFD O 0
Not Available 1586 ROSEWOOD
PL Sycamore Hills PA3 B202100548 SFD O 0
Not Available 1644 CORAL
BELLS PL Sycamore Hills PA3 B202100260 SFD O 0
Not Available 1592 ROSEWOOD
PL Sycamore Hills PA3 B202100546 SFD O 0
Not Available
1614

HONEYSUCKLE
PL
Sycamore Hills PA3 B202100527 SFD O
0 Not Available
1619

HONEYSUCKLE
PL
Sycamore Hills PA3 B202100525 SFD O
0

Not Available 1609 MAHOGANY
TREE PL Sycamore Hills PA3 B202100298 SFD O 0
Not Available 1648 CORAL
BELLS PL Sycamore Hills PA3 B202100257 SFD O 0
Not Available 1617 MAHOGANY
TREE PL Sycamore Hills PA3 B202100296 SFD O 0
Not Available 1649 CORAL
BELLS PL Sycamore Hills PA3 B202100259 SFD O 0
Not Available 1586 REDWOODS
DRIVE PL Sycamore Hills PA3 B202100309 SFD O
0 Not Available 1599 ROSEWOOD
PL Sycamore Hills PA3 B202100544 SFD O 0
Not Available 1594 ROSEWOOD
PL Sycamore Hills PA3 B202100545 SFD O 0
Not Available 2236 DANUBE
WAY #B ADU R 0
Not Available 1447 N MOUNTAIN
AVE ADU R 0
Not Available 1572

COOLCREST AVE ADU R
0 Not Available 610 WEST ST ADU R 0
Not Available 920 E 7TH ST #B ADU R 0
Not Available 77 HARFORD PL
#B ADU R 0
Not Available 1434 E 9TH ST #B ADU R 0
Not Available 863 N 9TH AVE #B ADU R 0
Not Available 309 N LAUREL
AVE #B ADU R 0
Not Available 1422 N SAN
ANTONIO AVE #B ADU R 0
Not Available 109 WISEMAN
WAY UNIT E ADU R 0
Not Available 1323 HALLWOOD
CT #B ADU R
0 Not Available 321 W 8TH ST #B ADU R 0
Not Available 1533 W 11TH ST #
91 ADU R 0
Not Available 1160 N PALM AVE ADU R 0
Not Available 562 W 18TH ST #B ADU R 0
Not Available 878 N 2ND AVE #B ADU R 0
Not Available 109 WISEMAN
WAY ADU R 0
Not Available 2349 W ORANGE
DR N ADU R 0
Not Available 651 E ARROW
HWY #B ADU R 0
Not Available 1615 FRANCIS
WAY ADU R 0
Not Available 263 S 1ST AVE ADU R 0
Not Available 1213 N VALLEJO
WAY #B ADU R 0
Not Available 1625 DANBROOK
PL ADU R 0
Not Available 1221 MILLER CT ADU R 0
Not Available 437 S CAMPUS
AVE ADU R 0
Not Available 610 WEST ST #B ADU R 0
Not Available 675 E 7TH ST #B ADU R 0
Not Available 929 OLIVE ST ADU R 0
Not Available 578 N CAMPUS
AVE ADU R 0

Not Available 1015 DEBORAH
ST #B ADU R 0
Not Available 723 N QUINCE
AVE AVE ADU R 0
Not Available 1483 FERNANDO
AVE ADU R 0
Not Available 370 HERVEY AVE ADU R 0
Not Available 2232 N 1ST AVE ADU R 0
Not Available 1533 11TH ST
UNIT 92 ADU R 0
Not Available 1368 E 9TH ST
UNIT B ADU R 0
Not Available 1784 N 1ST AVE
#B ADU R 0
Not Available 386 E 14TH ST ADU R 0
Not Available 920 EMERSON ST
#B ADU R 0
Not Available 744 N VALLEJO
WAY ADU R 0
Not Available 630 N CAMPUS
AVE ADU R 0
Not Available 510 ASHBURY LN
#B ADU R 0
Not Available 628 N SHASTA
WAY ADU R 0
Not Available 1533 11TH ST
UNIT 93 ADU R 0
Not Available 535 E Arrow HWY ADU R 0
Not Available 994 W NOTRE
DAME ST ADU R 0
Not Available 109 WISEMAN
WAY UNIT F ADU R 0
Not Available 978 E 9TH ST #B ADU R 0
Not Available 236 N PALM AVE ADU R 0
Not Available 911 E 7TH ST #B ADU R 0
Not Available 728 MAGNOLIA
AVE ADU R 0
Not Available 1831 HOLIDAY
AVE ADU R 0
Not Available 630 N CAMPUS
AVE ADU R 0
1047-071-05 362 S Euclid Ave ADU R 0
1047-045-07 377 Greentree Rd ADU R 0
1046-442-01 451 N 10th Ave ADU R 0
1046-321-06 719 Camphor Way ADU R 0
1043-341-10 510 Ashbury Lane ADU R 0
1046-082-10 939 #B 5th Ave B201901024 ADU R 0
Not Available 1477 FRANCIS
AVE #B B202002429 ADU R 0
Not Available 570 N 8TH AVE #B B202002312 ADU R 0
Not Available 1913 N VALLEJO
WAY B202002414 ADU R 0
Not Available 1480 ALTA AVE
#B B202002367 ADU R 0
Not Available 267 W 9TH ST #B B202002226 ADU R 0
Not Available 1445 W 13TH ST
#B B202002483 ADU R 0
Not Available 1108 #B E 9TH ST B202002136 ADU R 0
Not Available 222 S 1ST AVE #B I202002025 ADU R 0
Not Available 311 N 10TH AVE
#B B202002130 ADU R 0
Not Available 1490 #B
ALBRIGHT AVE N B202002100 ADU R 0
Not Available 562 W 18TH ST B202100220 ADU R 0

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 54 70 124
NA NA Enclave 0
NA NA Enclave 0
1047-181-02 1252 E. 7th Street Kiva 0
1044-122-01 1160 E. 201th
Street Colonies Condos 0
1044-122-03 1162 E 19TH ST Wood Partners 0
1045-121-04 NA Villa Serena 0
1046-333-32 229 N. SAN Antonio San Antonio
Apartments 0
1046-462-16 278 N. 11TH
Avenue
11th Street
Apartments 0
1046-102-13 708 Mesa Court Mesa Court Apt 0
1046-501-09 1337 Bowen Street Ridgecrest P2 0
1046-532-17 104 N. 13th Avenue 13th Ave Apartments 0
1046-582-13, 14,
15, 16, 17, 18, 19 102 East A Astreet ATI Packing House Apt 0
1046-501-82 165 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 163 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 161 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 159 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 157 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 155 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 164 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 162 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 160 TARRAGON
WAY Ridgecrest P1 0
7 Project Identifier Affordability by Household Incomes - Building Permits

1046-501-82 158 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 156 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 154 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 149 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 147 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 145 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 143 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 141 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 139 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 1341 CLARY CT Ridgecrest P1 0
1046-501-82 1345 CLARY CT Ridgecrest P1 0
1046-501-82 1349 CLARY CT Ridgecrest P1 0
1046-501-82 1353 CLARY CT Ridgecrest P1 0
1046-501-82 137 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 135 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 1344 CLARY CT Ridgecrest P1 0
1046-501-82 1348 CLARY CT Ridgecrest P1 0
1046-501-82 1352 CLARY CT Ridgecrest P1 0
1046-501-82 1358 CLARY CT Ridgecrest P1 0
1046-501-82 1347 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1351 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1355 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1359 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1336 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1338 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1340 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1342 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1346 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1350 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1354 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1356 CORIANDER
CT Ridgecrest P1 0

1046-501-82 1360 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1335 THYME CT Ridgecrest P1 0
1046-501-82 1337 THYME CT Ridgecrest P1 0
1046-501-82 1339 THYME CT Ridgecrest P1 0
1046-501-82 1341 THYME CT Ridgecrest P1 0
1046-501-82 1345 THYME CT Ridgecrest P1 0
1046-501-82 1349 THYME CT Ridgecrest P1 0
1046-501-82 1353 THYME CT Ridgecrest P1 0
1046-501-82 1357 THYME CT Ridgecrest P1 0
1046-501-82 1361 THYME CT Ridgecrest P1 0
1046-501-82 108 BASIL WAY Ridgecrest P1 0
1046-501-82 104 BASIL WAY Ridgecrest P1 0
1006-532-56 1555 Kats Way GFR Homes 0
1006-532-06 1554 Kats Way GFR Homes 0
1006-532-06 1119 Kats Way GFR Homes 0
1044-811-19 724 Highline Way Watt Communities 0
1044-811-35 682 Highline Way Watt Communities 0
1044-811-35 683 Highline Way Watt Communities 0
1044-811-35 684 Heritage Lane Watt Communities 0
1044-811-35 683 Heritage Lane Watt Communities 0
1044-811-19 763 HighlIne Way Watt Communities 0
104446325 1610 MICKELSON
CT Upland Hills 0
104446324 1616 MICKELSON
CT Upland Hills 0
104446319 1611 MICKELSON
CT Upland Hills 0
104446320 1614 NICKLAUS
CT Upland Hills 0
1044-491-123 1623 NICKLAUS
CT Upland Hills 0
1044-491-123 1615 NICKLAUS
CT Upland Hills 0
1044-491-123 1609 NICKLAUS
CT Upland Hills 0
1044-491-123 1610 NICKLAUS
CT Upland Hills 0
1007-021-16 841 Cherry Way Lennar 0
1007-021-16 837 Cherry Way Lennar 0
1007-021-16 829 Cherry Way Lennar 0
1007-021-16 823 Cherry Way Lennar 0

1007-021-16 815 Cherry Way Lennar 0
1007-021-16 803 Cherry Way Lennar 0
1007-021-16 804 Cherry Way Lennar 0
1007-021-16 816 Cherry Way Lennar 0
1007-021-16 824 Cherry Way Lennar 0
1007-021-16 830 Cherry Way Lennar 0
1007-021-16 838 Cherry Way Lennar 0
1007-021-16 842 Cherry Way Lennar 0
1007-021-16 843 Cranberry Way Lennar 0
1007-021-16 839 Cranberry Way Lennar 0
1007-021-16 931 Cranberry Way Lennar 0
1007-021-16 825 Cranberry Way Lennar 0
1007-021-16 817 Cranberry Way Lennar 0
1007-021-16 805 Cranberry Way Lennar 0
1046-102-13 760-790 MESA CT
BLDG 1 Mesa Court Apt 6 11/18/2021 6
Not Available
1715

AMARANTHUS

TREE PL
Sycamore Hills PA3 1 1/7/2021 1
Not Available
1772 H TULIP

TREE PL
BUUILDING 5
Sycamore Hills PA3 1 5/6/2021 1
Not Available
1718

AMARANTHUS

TREE H PL
BUILDING 18
Sycamore Hills PA3 1 1/7/2021 1
Not Available
1740 HEMLOCK

TREE H PL
BUILDING 13
Sycamore Hills PA3 1 3/25/2021 1
Not Available
1724 BLANKET

FLOWER H PL
BUILDING 17
Sycamore Hills PA3 1 1/7/2021 1
Not Available
1732 H BEECH

TREE PL
BUILDING 15
Sycamore Hills PA3 1 4/19/2021 1
Not Available
1780 H

PALMETTO
BUILDING 3
Sycamore Hills PA3 1 5/6/2021 1
Not Available
1725 H BLANKET

FLOWER PL
BUILDING 16
Sycamore Hills PA3 1 7/28/2021 1
Not Available
1749 H FRANKLIN

TREE PL
BUILDING 10
Sycamore Hills PA3 1 5/10/2021 1
Not Available 1764 H ACADIA PL
BUILDING 7 Sycamore Hills PA3 1 5/5/2021 1

Not Available
1733 H BEECH

TREE PL
BUILDING 14
Sycamore Hills PA3 1 3/31/2021 1
Not Available
1725 H BLANKET

FLOWER PL
BLDG. 16
Sycamore Hills PA3 1 1/7/2021 1
Not Available
1773 H TULIP

TREEE PL
BUILDING 4
Sycamore Hills PA3 1 5/6/2021 1
Not Available
1775 H

PALMETTO TREE
PL BUILDING 1
Sycamore Hills PA3 1 5/6/2021 1
Not Available
1706 H ALMOND

TREE PL
BUILDING 23
Sycamore Hills PA3 1 5/10/2021 1
Not Available
1756 H APRICOT

TREE PL
BUILDING 9
Sycamore Hills PA3 1 6/8/2021 1
Not Available
1757 H APRICOT

TREE PL
BUILDING 8
Sycamore Hills PA3 1 4/15/2021 1
Not Available
1741 HEMLOCK

TREE H PL
BUILDING 12
Sycamore Hills PA3 1 3/25/2021 1
Not Available
1742 H FRANKLIN

TREE PL
BUILDING 11
Sycamore Hills PA3 1 5/10/2021 1
Not Available 1765 H ACADIA PL
BUILDING 6 Sycamore Hills PA3 1 5/5/2021 1
Not Available
1719

AMARANTHUS

TREE H PL BLDG
18 Sycamore Hills PA3 1 1/7/2021 1
Not Available 1713 CEDAR TREE
PL H Sycamore Hills PA3 0
Not Available 1712 CEDAR TREE
PL H Sycamore Hills PA3 0
Not Available 929 OLIVE ST 1 7/14/2021 1
Not Available 1935 N EUCLID
AVE Crestwood 1 5/4/2021 1
Not Available 1594 REDWOODS
PLACE DR Sycamore Hills PA3 1 7/19/2021 1
Not Available 1590 REDWOODS
PLACE DR Sycamore Hills PA3 1 7/19/2021 1
Not Available 1588 REDWOODS
PL DR Sycamore Hills PA3 1 5/5/2021 1
Not Available 366 N PALM AVE 1 10/14/2021 1
Not Available 1596 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1

Not Available 1599 REDWOODS
DRIVE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1596 REDWOODS
DRIVE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1592 REDWOODS
DRIVE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1651 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1604 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1646 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1612 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1620
HONEYSUCKLE PL Sycamore Hills PA3 1 9/8/2021 1
Not Available 1616
HONEYSUCKLE PL Sycamore Hills PA3 1 9/8/2021 1
Not Available 1610 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1543 N EUCLID
AVE Sycamore Hills PA3 1 5/19/2021 1
Not Available 1614 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1598 REDWOODS
DRIVE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1603 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1598 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1940 LAUREL AVE Crestwood 1 4/29/2021 1
Not Available 1602 MAHOGANY
TREE PL Crestwood 1 5/5/2021 1
Not Available 1939 LAUREL AVE Sycamore Hills PA3 1 5/4/2021 1 Not Available 1597 REDWOODS
PLACE DR Sycamore Hills PA3 1 5/5/2021 1
Not Available 1590 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1597 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1939 N EUCLID
AVE Crestwood 1 5/4/2021 1
Not Available 1653 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1588 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1

Not Available 1586 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1644 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1592 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1614
HONEYSUCKLE PL Sycamore Hills PA3 1 9/8/2021 1
Not Available 1619
HONEYSUCKLE PL Sycamore Hills PA3 1 9/8/2021 1
Not Available 1609 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1648 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1617 MAHOGANY
TREE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1649 CORAL
BELLS PL Sycamore Hills PA3 1 4/21/2021 1
Not Available 1586 REDWOODS
DRIVE PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1599 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 1594 ROSEWOOD
PL Sycamore Hills PA3 1 5/5/2021 1
Not Available 2236 DANUBE
WAY #B 1 6/15/2021 1
Not Available 1447 N MOUNTAIN
AVE 1 1/26/2021 1
Not Available 1572 COOLCREST
AVE 1 5/3/2021 1
Not Available 610 WEST ST 1 10/12/2021 1
Not Available 920 E 7TH ST #B 1 8/18/2021 1
Not Available 77 HARFORD PL
#B 1 12/7/2021 1
Not Available 1434 E 9TH ST #B 1 5/13/2021 1
Not Available 863 N 9TH AVE #B 1 5/10/2021 1
Not Available 309 N LAUREL
AVE #B 1 1/20/2021 1
Not Available 1422 N SAN
ANTONIO AVE #B 1 12/27/2021 1
Not Available 109 WISEMAN
WAY UNIT E 1 12/1/2021 1
Not Available 1323 HALLWOOD
CT #B 1 4/8/2021 1
Not Available 321 W 8TH ST #B 1 11/1/2021 1
Not Available 1533 W 11TH ST #
91 1 10/27/2021 1
Not Available 1160 N PALM AVE 1 6/24/2021 1

Not Available 562 W 18TH ST #B 1 7/15/2021 1
Not Available 878 N 2ND AVE #B 1 9/16/2021 1
Not Available 109 WISEMAN
WAY 1 12/1/2021 1
Not Available 2349 W ORANGE
DR N 1 11/2/2021 1
Not Available 651 E ARROW
HWY #B 1 3/2/2021 1
Not Available 1615 FRANCIS
WAY 1 4/26/2021 1
Not Available 263 S 1ST AVE 1 12/7/2021 1
Not Available 1213 N VALLEJO
WAY #B 1 5/20/2021 1
Not Available 1625 DANBROOK
PL 1 10/21/2021 1
Not Available 1221 MILLER CT 1 7/15/2021 1
Not Available 437 S CAMPUS
AVE 1 4/27/2021 1
Not Available 610 WEST ST #B 1 11/30/2021 1
Not Available 675 E 7TH ST #B 1 11/9/2021 1
Not Available 929 OLIVE ST 1 7/14/2021 1
Not Available 578 N CAMPUS
AVE 1 6/22/2021 1
Not Available 1015 DEBORAH
ST #B 1 5/20/2021 1
Not Available 723 N QUINCE
AVE AVE 1 12/13/2021 1
Not Available 1483 FERNANDO
AVE 1 12/27/2021 1
Not Available 370 HERVEY AVE 1 5/27/2021 1
Not Available 2232 N 1ST AVE 1 3/29/2021 1
Not Available 1533 11TH ST
UNIT 92 1 11/2/2021 1
Not Available 1368 E 9TH ST
UNIT B 1 7/26/2021 1
Not Available 1784 N 1ST AVE
#B 1 8/16/2021 1
Not Available 386 E 14TH ST 1 7/13/2021 1
Not Available 920 EMERSON ST
#B 1 9/20/2021 1
Not Available 744 N VALLEJO
WAY 1 5/18/2021 1
Not Available 630 N CAMPUS
AVE 1 6/30/2021 1
Not Available 510 ASHBURY LN
#B 1 4/26/2021 1
Not Available 628 N SHASTA
WAY 1 8/11/2021 1
Not Available 1533 11TH ST
UNIT 93 1 11/2/2021 1
Not Available 535 E Arrow HWY 1 10/28/2021 1

Not Available 994 W NOTRE
DAME ST 1 11/8/2021 1
Not Available 109 WISEMAN
WAY UNIT F 1 12/1/2021 1
Not Available 978 E 9TH ST #B 1 12/13/2021 1
Not Available 236 N PALM AVE 1 12/6/2021 1
Not Available 911 E 7TH ST #B 1 10/4/2021 1
Not Available 728 MAGNOLIA
AVE 1 5/3/2021 1
Not Available 1831 HOLIDAY
AVE 1 4/13/2021 1
Not Available 630 N CAMPUS
AVE 1 7/7/2021 1
1047-071-05 362 S Euclid Ave 0
1047-045-07 377 Greentree Rd 0
1046-442-01 451 N 10th Ave 0
1046-321-06 719 Camphor Way 0
1043-341-10 510 Ashbury Lane 0
1046-082-10 939 #B 5th Ave 0
Not Available 1477 FRANCIS
AVE #B 0
Not Available 570 N 8TH AVE #B 0
Not Available 1913 N VALLEJO
WAY 0
Not Available 1480 ALTA AVE
#B 0
Not Available 267 W 9TH ST #B 0
Not Available 1445 W 13TH ST
#B 0
Not Available 1108 #B E 9TH ST 0
Not Available 222 S 1ST AVE #B 0
Not Available 311 N 10TH AVE
#B 0
Not Available 1490 #B ALBRIGHT
AVE N 0
Not Available 562 W 18TH ST 0
0

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 27 295 322
NA NA Enclave 0
NA NA Enclave 0
1047-181-02 1252 E. 7th Street Kiva 0
1044-122-01 1160 E. 201th
Street Colonies Condos 0
1044-122-03 1162 E 19TH ST Wood Partners 0
1045-121-04 NA Villa Serena 203 4/8/2021 203
1046-333-32 229 N. SAN Antonio San Antonio
Apartments 0
1046-462-16 278 N. 11TH
Avenue
11th Street
Apartments 0
1046-102-13 708 Mesa Court Mesa Court Apt 0
1046-501-09 1337 Bowen Street Ridgecrest P2 0
1046-532-17 104 N. 13th Avenue 13th Ave Apartments 0
1046-582-13, 14,
15, 16, 17, 18, 19 102 East A Astreet ATI Packing House Apt 0
1046-501-82 165 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 163 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 161 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 159 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 157 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 155 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 164 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 162 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 160 TARRAGON
WAY Ridgecrest P1 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier

1046-501-82 158 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 156 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 154 TARRAGON
WAY Ridgecrest P1 0
1046-501-82 149 ROSEMARY
WAY Ridgecrest P1 1 5/16/2021 1
1046-501-82 147 ROSEMARY
WAY Ridgecrest P1 1 5/26/2021 1
1046-501-82 145 ROSEMARY
WAY Ridgecrest P1 1 5/26/2021 1
1046-501-82 143 ROSEMARY
WAY Ridgecrest P1 1 5/3/2021 1
1046-501-82 141 ROSEMARY
WAY Ridgecrest P1 1 6/3/2021 1
1046-501-82 139 ROSEMARY
WAY Ridgecrest P1 1 6/3/2021 1
1046-501-82 1341 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1345 CLARY CT Ridgecrest P1 1 3/6/2021 1
1046-501-82 1349 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1353 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 137 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 135 ROSEMARY
WAY Ridgecrest P1 0
1046-501-82 1344 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1348 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1352 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1358 CLARY CT Ridgecrest P1 1 6/3/2021 1
1046-501-82 1347 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1351 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1355 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1359 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1336 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1338 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1340 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1342 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1346 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1350 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1354 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1356 CORIANDER
CT Ridgecrest P1 0

1046-501-82 1360 CORIANDER
CT Ridgecrest P1 0
1046-501-82 1335 THYME CT Ridgecrest P1 0
1046-501-82 1337 THYME CT Ridgecrest P1 0
1046-501-82 1339 THYME CT Ridgecrest P1 0
1046-501-82 1341 THYME CT Ridgecrest P1 0
1046-501-82 1345 THYME CT Ridgecrest P1 0
1046-501-82 1349 THYME CT Ridgecrest P1 0
1046-501-82 1353 THYME CT Ridgecrest P1 0
1046-501-82 1357 THYME CT Ridgecrest P1 0
1046-501-82 1361 THYME CT Ridgecrest P1 0
1046-501-82 108 BASIL WAY Ridgecrest P1 0
1046-501-82 104 BASIL WAY Ridgecrest P1 0
1006-532-56 1555 Kats Way GFR Homes 5 3/3/2021 5
1006-532-06 1554 Kats Way GFR Homes 5 3/3/2021 5
1006-532-06 1119 Kats Way GFR Homes 5 3/3/2021 5
1044-811-19 724 Highline Way Watt Communities 5 5/19/2021 5 1044-811-35 682 Highline Way Watt Communities 5 5/19/2021 5 1044-811-35 683 Highline Way Watt Communities 5 5/19/2021 5 1044-811-35 684 Heritage Lane Watt Communities 5 12/13/2021 5 1044-811-35 683 Heritage Lane Watt Communities 5 12/13/2021 5 1044-811-19 763 HighlIne Way Watt Communities 5 12/13/2021 5 104446325 1610 MICKELSON
CT Upland Hills 1 2/2/2021 1
104446324 1616 MICKELSON
CT Upland Hills 1 2/2/2021 1
104446319 1611 MICKELSON
CT Upland Hills 1 2/2/2021 1
104446320 1614 NICKLAUS
CT Upland Hills 1 2/2/2021 1
1044-491-123 1623 NICKLAUS
CT Upland Hills 1 2/2/2021 1
1044-491-123 1615 NICKLAUS
CT Upland Hills 1 2/2/2021 1
1044-491-123 1609 NICKLAUS
CT Upland Hills 1 2/2/2021 1
1044-491-123 1610 NICKLAUS
CT Upland Hills 1 2/2/2021 1
1007-021-16 841 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 837 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 829 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 823 Cherry Way Lennar 1 4/14/2021 1

1007-021-16 815 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 803 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 804 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 816 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 824 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 830 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 838 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 842 Cherry Way Lennar 1 4/14/2021 1
1007-021-16 843 Cranberry Way Lennar 1 4/14/2021 1
1007-021-16 839 Cranberry Way Lennar 1 4/14/2021 1
1007-021-16 931 Cranberry Way Lennar 1 4/14/2021 1
1007-021-16 825 Cranberry Way Lennar 1 4/14/2021 1
1007-021-16 817 Cranberry Way Lennar 1 4/14/2021 1
1007-021-16 805 Cranberry Way Lennar 1 4/14/2021 1
1046-102-13 760-790 MESA CT
BLDG 1 Mesa Court Apt 1 4/14/2021 1
Not Available
1715

AMARANTHUS

TREE PL
Sycamore Hills PA3 1 9/27/2021 1
Not Available
1772 H TULIP

TREE PL
BUUILDING 5
Sycamore Hills PA3 0
Not Available
1718

AMARANTHUS

TREE H PL
BUILDING 18
Sycamore Hills PA3 1 9/27/2021 1
Not Available
1740 HEMLOCK

TREE H PL
BUILDING 13
Sycamore Hills PA3 0
Not Available
1724 BLANKET

FLOWER H PL
BUILDING 17
Sycamore Hills PA3 0
Not Available
1732 H BEECH

TREE PL
BUILDING 15
Sycamore Hills PA3 0
Not Available
1780 H

PALMETTO
BUILDING 3
Sycamore Hills PA3 0
Not Available
1725 H BLANKET

FLOWER PL
BUILDING 16
Sycamore Hills PA3 0
Not Available
1749 H FRANKLIN

TREE PL
BUILDING 10
Sycamore Hills PA3 0
Not Available 1764 H ACADIA PL
BUILDING 7 Sycamore Hills PA3 0

Not Available
1733 H BEECH

TREE PL
BUILDING 14
Sycamore Hills PA3 0
Not Available
1725 H BLANKET

FLOWER PL
BLDG. 16
Sycamore Hills PA3 0
Not Available
1773 H TULIP

TREEE PL
BUILDING 4
Sycamore Hills PA3 0
Not Available
1775 H

PALMETTO TREE
PL BUILDING 1
Sycamore Hills PA3 0
Not Available
1706 H ALMOND

TREE PL
BUILDING 23
Sycamore Hills PA3 0
Not Available
1756 H APRICOT

TREE PL
BUILDING 9
Sycamore Hills PA3 0
Not Available
1757 H APRICOT

TREE PL
BUILDING 8
Sycamore Hills PA3 0
Not Available
1741 HEMLOCK

TREE H PL
BUILDING 12
Sycamore Hills PA3 0
Not Available
1742 H FRANKLIN

TREE PL
BUILDING 11
Sycamore Hills PA3 0
Not Available 1765 H ACADIA PL
BUILDING 6 Sycamore Hills PA3 0
Not Available
1719

AMARANTHUS

TREE H PL BLDG
18 Sycamore Hills PA3 1 9/27/2021 1
Not Available 1713 CEDAR TREE
PL H Sycamore Hills PA3 1 9/27/2021 1
Not Available 1712 CEDAR TREE
PL H Sycamore Hills PA3 1 9/27/2021 1
Not Available 929 OLIVE ST 0
Not Available 1935 N EUCLID
AVE Crestwood 0
Not Available 1594 REDWOODS
PLACE DR Sycamore Hills PA3 0
Not Available 1590 REDWOODS
PLACE DR Sycamore Hills PA3 0
Not Available 1588 REDWOODS
PL DR Sycamore Hills PA3 0
Not Available 366 N PALM AVE 0
Not Available 1596 ROSEWOOD
PL Sycamore Hills PA3 0

Not Available 1599 REDWOODS
DRIVE PL Sycamore Hills PA3 0
Not Available 1596 REDWOODS
DRIVE PL Sycamore Hills PA3 0
Not Available 1592 REDWOODS
DRIVE PL Sycamore Hills PA3 0
Not Available 1651 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1604 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1646 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1612 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1620
HONEYSUCKLE PL Sycamore Hills PA3 0
Not Available 1616
HONEYSUCKLE PL Sycamore Hills PA3 0
Not Available 1610 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1543 N EUCLID
AVE Sycamore Hills PA3 0
Not Available 1614 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1598 REDWOODS
DRIVE PL Sycamore Hills PA3 0
Not Available 1603 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1598 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1940 LAUREL AVE Crestwood 0
Not Available 1602 MAHOGANY
TREE PL Crestwood 0
Not Available 1939 LAUREL AVE Sycamore Hills PA3 1 11/9/2021 1 Not Available 1597 REDWOODS
PLACE DR Sycamore Hills PA3 0
Not Available 1590 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1597 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1939 N EUCLID
AVE Crestwood 0
Not Available 1653 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1588 ROSEWOOD
PL Sycamore Hills PA3 0

Not Available 1586 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1644 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1592 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1614
HONEYSUCKLE PL Sycamore Hills PA3 0
Not Available 1619
HONEYSUCKLE PL Sycamore Hills PA3 0
Not Available 1609 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1648 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1617 MAHOGANY
TREE PL Sycamore Hills PA3 0
Not Available 1649 CORAL
BELLS PL Sycamore Hills PA3 0
Not Available 1586 REDWOODS
DRIVE PL Sycamore Hills PA3 0
Not Available 1599 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 1594 ROSEWOOD
PL Sycamore Hills PA3 0
Not Available 2236 DANUBE
WAY #B 0
Not Available 1447 N MOUNTAIN
AVE 0
Not Available 1572 COOLCREST
AVE 0
Not Available 610 WEST ST 0
Not Available 920 E 7TH ST #B 0
Not Available 77 HARFORD PL
#B 0
Not Available 1434 E 9TH ST #B 1 7/1/2021 1
Not Available 863 N 9TH AVE #B 1 11/15/2021 1
Not Available 309 N LAUREL
AVE #B 0
Not Available 1422 N SAN
ANTONIO AVE #B 0
Not Available 109 WISEMAN
WAY UNIT E 0
Not Available 1323 HALLWOOD
CT #B 1 11/2/2021 1
Not Available 321 W 8TH ST #B 0
Not Available 1533 W 11TH ST #
91 1 11/2/2021 1
Not Available 1160 N PALM AVE 1 4/29/2021 1

Not Available 562 W 18TH ST #B 1 1/19/2022 1
Not Available 878 N 2ND AVE #B 0
Not Available 109 WISEMAN
WAY 0
Not Available 2349 W ORANGE
DR N 0
Not Available 651 E ARROW
HWY #B 1 8/30/2021 1
Not Available 1615 FRANCIS
WAY 0
Not Available 263 S 1ST AVE 0
Not Available 1213 N VALLEJO
WAY #B 0
Not Available 1625 DANBROOK
PL 0
Not Available 1221 MILLER CT 0
Not Available 437 S CAMPUS
AVE 0
Not Available 610 WEST ST #B 0
Not Available 675 E 7TH ST #B 0
Not Available 929 OLIVE ST 0
Not Available 578 N CAMPUS
AVE 0
Not Available 1015 DEBORAH
ST #B 0
Not Available 723 N QUINCE
AVE AVE 0
Not Available 1483 FERNANDO
AVE 0
Not Available 370 HERVEY AVE 0
Not Available 2232 N 1ST AVE 1 7/15/2021 1
Not Available 1533 11TH ST
UNIT 92 0
Not Available 1368 E 9TH ST
UNIT B 1 7/26/2021 1
Not Available 1784 N 1ST AVE
#B 1 11/9/2021 1
Not Available 386 E 14TH ST 0
Not Available 920 EMERSON ST
#B 0
Not Available 744 N VALLEJO
WAY 0
Not Available 630 N CAMPUS
AVE 0
Not Available 510 ASHBURY LN
#B 1 4/27/2021 1
Not Available 628 N SHASTA
WAY 0
Not Available 1533 11TH ST
UNIT 93 0
Not Available 535 E Arrow HWY 0

Not Available 994 W NOTRE
DAME ST 0
Not Available 109 WISEMAN
WAY UNIT F 0
Not Available 978 E 9TH ST #B 0
Not Available 236 N PALM AVE 0
Not Available 911 E 7TH ST #B 0
Not Available 728 MAGNOLIA
AVE 0
Not Available 1831 HOLIDAY
AVE 0
Not Available 630 N CAMPUS
AVE 0
1047-071-05 362 S Euclid Ave 1 10/7/2021 1
1047-045-07 377 Greentree Rd 1 12/20/2021 1
1046-442-01 451 N 10th Ave 1 3/30/2021 1
1046-321-06 719 Camphor Way 1 7/27/2021 1
1043-341-10 510 Ashbury Lane 1 4/27/2021 1
1046-082-10 939 #B 5th Ave 1 4/8/2021 1
Not Available 1477 FRANCIS
AVE #B 1 5/3/2021 1
Not Available 570 N 8TH AVE #B 1 8/26/2021 1
Not Available 1913 N VALLEJO
WAY 1 6/15/2021 1
Not Available 1480 ALTA AVE
#B 1 3/31/2021 1
Not Available 267 W 9TH ST #B 1 6/3/2021 1
Not Available 1445 W 13TH ST
#B 1 5/13/2021 1
Not Available 1108 #B E 9TH ST 1 8/2/2021 1
Not Available 222 S 1ST AVE #B 1 2/3/2021 1
Not Available 311 N 10TH AVE
#B 1 5/25/2021 1
Not Available 1490 #B ALBRIGHT
AVE N 1 4/8/2021 1
Not Available 562 W 18TH ST 1 7/21/2021 1
0

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 0 0
NA NA Enclave
NA NA Enclave
1047-181-02 1252 E. 7th Street Kiva
1044-122-01 1160 E. 201th
Street Colonies Condos
1044-122-03 1162 E 19TH ST Wood Partners
1045-121-04 NA Villa Serena
1046-333-32 229 N. SAN
Antonio
San Antonio
Apartments
1046-462-16 278 N. 11TH
Avenue
11th Street
Apartments
1046-102-13 708 Mesa Court Mesa Court Apt
1046-501-09 1337 Bowen Street Ridgecrest P2
1046-532-17 104 N. 13th Avenue 13th Ave Apartments
1046-582-13, 14,
15, 16, 17, 18, 19 102 East A Astreet ATI Packing House Apt
1046-501-82 165 TARRAGON
WAY Ridgecrest P1
1046-501-82 163 TARRAGON
WAY Ridgecrest P1
1046-501-82 161 TARRAGON
WAY Ridgecrest P1
1046-501-82 159 TARRAGON
WAY Ridgecrest P1
1046-501-82 157 TARRAGON
WAY Ridgecrest P1
1046-501-82 155 TARRAGON
WAY Ridgecrest P1
1046-501-82 164 TARRAGON
WAY Ridgecrest P1
1046-501-82 162 TARRAGON
WAY Ridgecrest P1
1046-501-82 160 TARRAGON
WAY Ridgecrest P1
1046-501-82 158 TARRAGON
WAY Ridgecrest P1
1046-501-82 156 TARRAGON
WAY Ridgecrest P1
1046-501-82 154 TARRAGON
WAY Ridgecrest P1
1046-501-82 149 ROSEMARY
WAY Ridgecrest P1
1046-501-82 147 ROSEMARY
WAY Ridgecrest P1
1046-501-82 145 ROSEMARY
WAY Ridgecrest P1
1046-501-82 143 ROSEMARY
WAY Ridgecrest P1
1046-501-82 141 ROSEMARY
WAY Ridgecrest P1
1046-501-82 139 ROSEMARY
WAY Ridgecrest P1
1046-501-82 1341 CLARY CT Ridgecrest P1
1046-501-82 1345 CLARY CT Ridgecrest P1
1046-501-82 1349 CLARY CT Ridgecrest P1
1046-501-82 1353 CLARY CT Ridgecrest P1
1046-501-82 137 ROSEMARY
WAY Ridgecrest P1
1046-501-82 135 ROSEMARY
WAY Ridgecrest P1
1046-501-82 1344 CLARY CT Ridgecrest P1
1046-501-82 1348 CLARY CT Ridgecrest P1
1046-501-82 1352 CLARY CT Ridgecrest P1
1046-501-82 1358 CLARY CT Ridgecrest P1
1046-501-82 1347 CORIANDER
CT Ridgecrest P1
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density BonusProject Identifier

1046-501-82 1351 CORIANDER
CT Ridgecrest P1
1046-501-82 1355 CORIANDER
CT Ridgecrest P1
1046-501-82 1359 CORIANDER
CT Ridgecrest P1
1046-501-82 1336 CORIANDER
CT Ridgecrest P1
1046-501-82 1338 CORIANDER
CT Ridgecrest P1
1046-501-82 1340 CORIANDER
CT Ridgecrest P1
1046-501-82 1342 CORIANDER
CT Ridgecrest P1
1046-501-82 1346 CORIANDER
CT Ridgecrest P1
1046-501-82 1350 CORIANDER
CT Ridgecrest P1
1046-501-82 1354 CORIANDER
CT Ridgecrest P1
1046-501-82 1356 CORIANDER
CT Ridgecrest P1
1046-501-82 1360 CORIANDER
CT Ridgecrest P1
1046-501-82 1335 THYME CT Ridgecrest P1
1046-501-82 1337 THYME CT Ridgecrest P1
1046-501-82 1339 THYME CT Ridgecrest P1
1046-501-82 1341 THYME CT Ridgecrest P1
1046-501-82 1345 THYME CT Ridgecrest P1
1046-501-82 1349 THYME CT Ridgecrest P1
1046-501-82 1353 THYME CT Ridgecrest P1
1046-501-82 1357 THYME CT Ridgecrest P1
1046-501-82 1361 THYME CT Ridgecrest P1
1046-501-82 108 BASIL WAY Ridgecrest P1
1046-501-82 104 BASIL WAY Ridgecrest P1
1006-532-56 1555 Kats Way GFR Homes
1006-532-06 1554 Kats Way GFR Homes
1006-532-06 1119 Kats Way GFR Homes
1044-811-19 724 Highline Way Watt Communities
1044-811-35 682 Highline Way Watt Communities
1044-811-35 683 Highline Way Watt Communities
1044-811-35 684 Heritage Lane Watt Communities
1044-811-35 683 Heritage Lane Watt Communities
1044-811-19 763 HighlIne Way Watt Communities
104446325 1610 MICKELSON
CT Upland Hills
104446324 1616 MICKELSON
CT Upland Hills
104446319 1611 MICKELSON
CT Upland Hills
104446320 1614 NICKLAUS
CT Upland Hills
1044-491-123 1623 NICKLAUS
CT Upland Hills
1044-491-123 1615 NICKLAUS
CT Upland Hills
1044-491-123 1609 NICKLAUS
CT Upland Hills
1044-491-123 1610 NICKLAUS
CT Upland Hills
1007-021-16 841 Cherry Way Lennar
1007-021-16 837 Cherry Way Lennar
1007-021-16 829 Cherry Way Lennar
1007-021-16 823 Cherry Way Lennar
1007-021-16 815 Cherry Way Lennar
1007-021-16 803 Cherry Way Lennar
1007-021-16 804 Cherry Way Lennar
1007-021-16 816 Cherry Way Lennar
1007-021-16 824 Cherry Way Lennar
1007-021-16 830 Cherry Way Lennar
1007-021-16 838 Cherry Way Lennar
1007-021-16 842 Cherry Way Lennar
1007-021-16 843 Cranberry Way Lennar
1007-021-16 839 Cranberry Way Lennar
1007-021-16 931 Cranberry Way Lennar

1007-021-16 825 Cranberry Way Lennar
1007-021-16 817 Cranberry Way Lennar
1007-021-16 805 Cranberry Way Lennar
1046-102-13 760-790 MESA CT
BLDG 1 Mesa Court Apt
Not Available
1715

AMARANTHUS

TREE PL
Sycamore Hills PA3
Not Available
1772 H TULIP

TREE PL
BUUILDING 5
Sycamore Hills PA3
Not Available
1718

AMARANTHUS

TREE H PL
BUILDING 18
Sycamore Hills PA3
Not Available
1740 HEMLOCK

TREE H PL
BUILDING 13
Sycamore Hills PA3
Not Available
1724 BLANKET

FLOWER H PL
BUILDING 17
Sycamore Hills PA3
Not Available
1732 H BEECH

TREE PL
BUILDING 15
Sycamore Hills PA3
Not Available
1780 H

PALMETTO
BUILDING 3
Sycamore Hills PA3
Not Available
1725 H BLANKET

FLOWER PL
BUILDING 16
Sycamore Hills PA3
Not Available
1749 H

FRANKLIN TREE
PL BUILDING 10
Sycamore Hills PA3
Not Available 1764 H ACADIA
PL BUILDING 7 Sycamore Hills PA3
Not Available
1733 H BEECH

TREE PL
BUILDING 14
Sycamore Hills PA3
Not Available
1725 H BLANKET

FLOWER PL
BLDG. 16
Sycamore Hills PA3
Not Available
1773 H TULIP

TREEE PL
BUILDING 4
Sycamore Hills PA3
Not Available
1775 H

PALMETTO TREE
PL BUILDING 1
Sycamore Hills PA3
Not Available
1706 H ALMOND

TREE PL
BUILDING 23
Sycamore Hills PA3
Not Available
1756 H APRICOT

TREE PL
BUILDING 9
Sycamore Hills PA3
Not Available
1757 H APRICOT

TREE PL
BUILDING 8
Sycamore Hills PA3
Not Available
1741 HEMLOCK

TREE H PL
BUILDING 12
Sycamore Hills PA3
Not Available
1742 H

FRANKLIN TREE
PL BUILDING 11
Sycamore Hills PA3
Not Available 1765 H ACADIA
PL BUILDING 6 Sycamore Hills PA3
Not Available
1719

AMARANTHUS

TREE H PL
BLDG 18
Sycamore Hills PA3
Not Available 1713 CEDAR TREE
PL H Sycamore Hills PA3
Not Available 1712 CEDAR TREE
PL H Sycamore Hills PA3
Not Available 929 OLIVE ST
Not Available 1935 N EUCLID
AVE Crestwood
Not Available 1594 REDWOODS
PLACE DR Sycamore Hills PA3
Not Available 1590 REDWOODS
PLACE DR Sycamore Hills PA3
Not Available 1588 REDWOODS
PL DR Sycamore Hills PA3
Not Available 366 N PALM AVE
Not Available 1596 ROSEWOOD
PL Sycamore Hills PA3

Not Available 1599 REDWOODS
DRIVE PL Sycamore Hills PA3
Not Available 1596 REDWOODS
DRIVE PL Sycamore Hills PA3
Not Available 1592 REDWOODS
DRIVE PL Sycamore Hills PA3
Not Available 1651 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1604 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1646 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1612 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available
1620

HONEYSUCKLE
PL
Sycamore Hills PA3
Not Available
1616

HONEYSUCKLE
PL
Sycamore Hills PA3
Not Available 1610 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1543 N EUCLID
AVE Sycamore Hills PA3
Not Available 1614 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1598 REDWOODS
DRIVE PL Sycamore Hills PA3
Not Available 1603 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1598 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1940 LAUREL AVE Crestwood
Not Available 1602 MAHOGANY
TREE PL Crestwood
Not Available 1939 LAUREL AVE Sycamore Hills PA3
Not Available 1597 REDWOODS
PLACE DR Sycamore Hills PA3
Not Available 1590 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1597 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1939 N EUCLID
AVE Crestwood
Not Available 1653 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1588 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1586 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1644 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1592 ROSEWOOD
PL Sycamore Hills PA3
Not Available
1614

HONEYSUCKLE
PL
Sycamore Hills PA3
Not Available
1619

HONEYSUCKLE
PL
Sycamore Hills PA3
Not Available 1609 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1648 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1617 MAHOGANY
TREE PL Sycamore Hills PA3
Not Available 1649 CORAL
BELLS PL Sycamore Hills PA3
Not Available 1586 REDWOODS
DRIVE PL Sycamore Hills PA3
Not Available 1599 ROSEWOOD
PL Sycamore Hills PA3
Not Available 1594 ROSEWOOD
PL Sycamore Hills PA3
Not Available 2236 DANUBE
WAY #B
Not Available 1447 N MOUNTAIN
AVE
Not Available 1572

COOLCREST AVE
Not Available 610 WEST ST
Not Available 920 E 7TH ST #B

Not Available 77 HARFORD PL
#B
Not Available 1434 E 9TH ST #B
Not Available 863 N 9TH AVE #B
Not Available 309 N LAUREL
AVE #B
Not Available 1422 N SAN
ANTONIO AVE #B
Not Available 109 WISEMAN

WAY UNIT E
Not Available 1323 HALLWOOD
CT #B
Not Available 321 W 8TH ST #B
Not Available 1533 W 11TH ST #
91 Not Available 1160 N PALM AVE
Not Available 562 W 18TH ST #B
Not Available 878 N 2ND AVE #B
Not Available 109 WISEMAN
WAY
Not Available 2349 W ORANGE
DR N
Not Available 651 E ARROW
HWY #B
Not Available 1615 FRANCIS
WAY
Not Available 263 S 1ST AVE
Not Available 1213 N VALLEJO
WAY #B
Not Available 1625 DANBROOK
PL
Not Available 1221 MILLER CT
Not Available 437 S CAMPUS
AVE
Not Available 610 WEST ST #B
Not Available 675 E 7TH ST #B
Not Available 929 OLIVE ST
Not Available 578 N CAMPUS
AVE
Not Available 1015 DEBORAH
ST #B
Not Available 723 N QUINCE

AVE AVE
Not Available 1483 FERNANDO
AVE
Not Available 370 HERVEY AVE
Not Available 2232 N 1ST AVE
Not Available 1533 11TH ST
UNIT 92
Not Available 1368 E 9TH ST
UNIT B
Not Available 1784 N 1ST AVE
#B
Not Available 386 E 14TH ST
Not Available 920 EMERSON ST
#B
Not Available 744 N VALLEJO
WAY
Not Available 630 N CAMPUS
AVE
Not Available 510 ASHBURY LN
#B
Not Available 628 N SHASTA
WAY
Not Available 1533 11TH ST
UNIT 93
Not Available 535 E Arrow HWY
Not Available 994 W NOTRE

DAME ST
Not Available 109 WISEMAN

WAY UNIT F
Not Available 978 E 9TH ST #B
Not Available 236 N PALM AVE
Not Available 911 E 7TH ST #B
Not Available 728 MAGNOLIA
AVE
Not Available 1831 HOLIDAY
AVE
Not Available 630 N CAMPUS
AVE
1047-071-05 362 S Euclid Ave
1047-045-07 377 Greentree Rd
1046-442-01 451 N 10th Ave
1046-321-06 719 Camphor Way

1043-341-10 510 Ashbury Lane
1046-082-10 939 #B 5th Ave
Not Available 1477 FRANCIS
AVE #B
Not Available 570 N 8TH AVE #B
Not Available 1913 N VALLEJO
WAY
Not Available 1480 ALTA AVE
#B
Not Available 267 W 9TH ST #B
Not Available 1445 W 13TH ST
#B
Not Available 1108 #B E 9TH ST
Not Available 222 S 1ST AVE #B
Not Available 311 N 10TH AVE
#B
Not Available 1490 #B

ALBRIGHT AVE N
Not Available 562 W 18TH ST

Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - 1 - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - 14 41 54 Above Moderate 653 56 - 100 103 99 - 511 85 70 1,024 - 1,589
56 - 100 103 99 - 525 127 124 1,134 826 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 185
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
109 Moderate
382
260
294
Please contact HCD if your data is different than the material supplied here 1 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
382
259
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only included units that were permitted during the portion of the year that was in the 6th cycle.

Total RHNA
Total Units
Income Level
Very Low
Low

Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)

Jurisdiction Upland
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Code Enforcement
Ensure compliance with municipal
codes and maintain value and safety of
property and structures.

Ongoing
Citywide Code Enforcement Program has addressed/resolved 2,433 cases. The total of citywide graffiti calls in 2021 was 3,691 , and graffiti removal square- footage was 86,842 Sq. Ft.

Home Improvement
Provide Home Improvement loans to
qualified low and moderate income
homeowners earning less than the 80%
Area median Income.

Ongoing
In 2021, due to the decrease of the State after rehabilitation value limits to $362,000 and the long-awaited approval to increase said value limits, staff has struggled to provide assistance to potential qualified applicants. However, staff was able to assist 1 very low income homeowner.

Emergency Repair
Program
Provide grants to qualified homeowners
to address emergency repairs. Ongoing
A total of 13 households were assisted in 2021. Of this total, there was 3 grants for extremely low income households, 5 grants to very low incmoe households and 5 grants to low income families, totaling $143,535 in program funding.

Rental Acquisition and
Rehabilitation
Continue to provide grants to address
properties with substantial rehabilitation
or maintenance needs.

Ongoing No units were assisted during 2021.

Historic Preservation
Continue to support the preservation of
historic properties through a variety of
planning, zoning, rehabilitation, and
other incentives.

Discontinued
In 2021, the City continued to support the preservation of historic properties through a variety of planning, zoning, rehabilitation, and other incentives. The Historic Home Rehabilitation Program has been defunded, however, if there is an opportunity to preserve a Historic Home for affordability purposes, the city will assist in that activity.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)

Five Star Rental
Recognition
The objective is to continue this
program and disseminate information to
landlords to encourage their
participation in the Five Star Rental
Recognition Program.

Discontinued
To date, 5 properties have qualified for this recognition. These properties include Sunset Ridge, Village Apartments, Magnolia, Portofino on the Park, and Las Brisas. This program has been discontinued since 2016.

Specific Plans
Continue to implement remaining
specific plans to facilitate the
development of high quality infill
residential development in Upland.

Ongoing In 2021, the City continued to implement the remaining specific plans in order to facilitate the development of high quality infill residential development in Upland.

Historic Downtown
Specific Plan
Continue to implement the Historic
Downtown Specific Plan to facilitate the
development of high quality infill
residential development in Upland.

Ongoing In 2021, the City continued to implement remaining specific plans to facilitate the development of high quality infill residential development in Upland.

Secondary Units
The City will continue to support the
production of second units and guest
quarters that meet the requirements in
the municipal code.

Ongoing
During 2020, the ADU Ordinance had its 1st reading in November and its 2nd reading in December. However, it did not get published so the 2nd reading was approved in January 2021. A total of ___ ADU's were approved in 2021.

Green Valley Initiative
Participate in the Green Valley
Initiative's regional meetings and
outreach efforts to promote a healthy
economic and environmental future.

Continue implementation of the City's
other green initiatives, including waste
management, water conservation and
use, and CalGreen programs.

Ongoing In 2021, the City continued to participate in this collaborative effort. Currently, the City participates in 4 open PACE programs.

Water Priority System
Encourage water and sewer providers to
have a water and sewer priority system
in place in compliance with state
housing law.

Ongoing In 2021, the City actively participated in the establishment of a water and sewer priority system.

Neighborhood
Improvements
Continue monitoring, planning, and
programming for public improvements
that serve the community.

Ongoing In 2021, the City of Upland continued to make such infrastructure and service improvements to further the vision of the City Council.

Homeownership
Assistance
Continue to provided up to 2 FTHB
loans annually to qualified low income
homeowners and advertise program
availability. Annually evaluate the City's
funding capacity and as needed pursue
additional HOME / CAL HOME funds.

Ongoing
In 2021, no FTHB grants were given. However, staff entered into an ENA with City Ventures to construct 29 for sale residential units - 5 units to be restricted/reserved for low income homebuyers.

Rental Housing Assistance
Continue to participate in the federal
housing choice voucher program and
family self-sufficiency program
allocating.

Ongoing According to the Housing Authority of the County of San Bernardino, the Upland Housing Authority served vouchers to 619 families.

Housing Incentives
Continue to permit and encourage
density bonuses, lot consolidations, and
other means to build market rate and
affordable housing. Amend the Zoning
Code to allow half covered/ uncovered
spaces for studio and 1-bedroom units
in projects outside the downtown and
mixed use corridors provided the
project qualifies for a density bonus or
is deed restricted as affordable.

Advertise the availability of incentives at
the planning public counter and through
the development review process.

Ongoing
The Development Code Update was adopted on September 28, 2015. The update provided modifications to the Development Code that were recommended in the Housing Element. These included providing for residential care facilities (7 or fewer) by right in all residential zones. New provisions were also provided for Supportive and Transitional Housing, Emergency Shelters, Child Care/Day Care, SRO's, and efficiency units.

Mobile Home Rent
Stabilization
Continue to enforce the Mobile Home
Rent Ordinance; complete review and
revisions to the Rent Ordinance after the
courts complete proceedings on the
legality of rent stabilization
Ongoing The City has placed the proposed revisions to the existing ordinance on hold until the court proceedings have been completed.

Housing at Risk of
Conversion
Monitor publicly assisted multiple units
at risk of conversion; support efforts to
preserve the units through grants, tax
credits, bonds, and transfer of
ownership to entities willing to keep the
units affordable. Inform tenants and
property owners of their rights and
responsibilities to provide adequate
notice and other procedures if an
affordable project is proposed for
conversion to market rate housing.

Ongoing The City continues to monitor affordable housing projects to determine properties at risk for conversion.

Low Income Housing
Assistance
Offer expedited permit processing,
contact developers annually about
potential sites, and support applications
of developers to build affordable
housing that targets extremely low
income households in Upland. Assist in
the development of housing for lower-
income households by outreaching to
affordable housing developers,
exploring available funding options, and
supporting grant applications for
housing.

Ongoing In 2021, thirteen (13) households were assisted through the Emergency Repair Program.

Homeless Services
Define shelters, transitional housing,
and permanent supportive housing
consistent with state law, permit
shelters with a ministerial permit in the
Industrial zone; and establish objective
standards as allowed by state law. In all
zones allowing residential uses, permit
transitional and supportive housing as a
residential use and only subject to those
restrictions that apply to other
residential uses of the same type in the
same zone.

Ongoing
Continue to provide funding support to agencies that serve the homeless and at- risk homeless through the CDBG Program process and the City's Housing Fund.

During 2021, these programs assisted 403 individuals through various homeless services. During 2013, a Homeless Shelter Stakeholders Group was formed to assist the implementation of this goal. The Development Code Update was adopted in the summer of 2015. In December 2019, the City hired a Homeless Coordinator to conduct and assist with homeless prevention activities. During CY2020, the City applied for and received a new affordable housing grant from the State that will provide funding to the Homeless Prevention Program for the next 3 years. Also, during CY2020, the City applied and received CARES CV1 and CV3 to provide additional funds to assist homeless prevention activity. THese funds were almost completely exhausted during CY 2021.

Administrative Capacity
Utilize the Service Council to coordinate
the City, faith-based organizations, other
non-profits, Upland Housing Authority,
County, and other stakeholders and
create a network of community and
mainstream resources. The Service
Council will develop and implement a
Homeless Services Plan that addresses:
-Community Outreach, Engagement, and
Education Initiatives
-Treatment and Permanent Supportive
Housing Initiatives
-Housing First/Rapid Re-housing
initiatives - Chronic Homelessness
-Enforcement
Ongoing
The City is continuing to work with the various organizations in San Bernardino County to create a Homeless Service Plan. In December 2019, the City hired a Homeless Coordinator to assist with all homeless activities. During CY2021, the City received its Permanent Local Housing Allocation grant to assist the Homeless Coordinator with additional funds for the City's Homeless Prevention Program. Also, during CY2021, the City expended CARES CV1 and CV3 to provide additional funds to assist homeless prevention activity.

Housing for People with
Disabilities
Amend the Zoning Code to define and
allow residential care facilities serving
six or fewer residents as a by-right use
in all residential zones; remove or
amend the definition of a family in the
Zoning Code. Permit larger facilities with
a CUP in two additional mixed-use
zones. Support
agencies in seeking funding, as
available, for the provision of housing
and services for people with disabilities,
including developmental disabilities.

Reach out to potential developers or
service agencies as part of the annual
Action Plan solicitation for CDBG.

Create reasonable accommodation
process and procedure as part of the
Zoning Code Update to a low flexibility
in land use, building, and development
standards to accommodate people with
disabilities.
2015
The Development code Update was adopted on September 28, 2015. The update provided modifications to the Development Code that were recommended in the Housing Element. These included providing for residential care facilities by right in all residential zones (for those serving 6 or fewer residents), Supportive and Transitional Housing, Second Dwelling Units, Emergency Housing and Single Room Occupancy (SRO) in Mixed Use Zones and Efficiency Units.

Fair Housing
Promote fair housing practices through
contract with IFHMB. Comply with all
state and federal fair housing
requirements when implementing
housing programs or delivering housing-
related services. Continue to prepare the
Analysis of Impediments to Fair Housing
Choice as required under federal law;
implement the recommendations to
improve fair housing as contained
therein. Disseminate fair housing
outreach materials at the library,
website, and counter so that residents
and landlords are aware of their rights,
responsibilities, and opportunities for
resolving fair housing concerns.

Ongoing The City continues to promote fair housing practices and provide educational information to the public.

Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2021

Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Extremely Low-
Income+Very Low-Income+Low-Income+TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+Low-Income+TOTAL UNITS+
Rehabilitation Activity 5 2 7 OOR rehabilitation programs targeted to assist to extermely low to low income owner occupants
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation 3 1 3 7
Total Units by Income 3 6 5 14
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2021

Jurisdiction Upland
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1044-061-42 Laurel Avenue /
210 Freeway
Crestwood at De
Anza
N/A 1 Crestwood Communities, Inc. Single Family Residential 1044-061-43 Laurel Avenue /
210 Freeway
Crestwood at De
Anza
N/A 1 Crestwood Communities, Inc. Single Family Residential 1044-061-44 Euclid Avenue /
210 Freeway
Crestwood at De
Anza
N/A 1 Crestwood Communities, Inc. Single Family Residential 1044-061-45 Euclid Avenue /
210 Freeway
Crestwood at De
Anza
N/A 1 Crestwood Communities, Inc. Single Family Residential 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Upland
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain auto-
calculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres)Notes
1007-061-15 & 16 Foothill Boulevard, west of Benson Avenue Vacant Surplus Land 0.64 Zoned
Commercial/Industri
al Mixed Use (C/I-
MU)
1047-221-25 Campus Avenue, south of 7th Street Vacant Surplus Land 0.075 Zoned Single
Family Residential
(RS-7.5)
1006-574-11 1967 W. Foothill Boulevard Vacant Surplus Land 0.24 Zoned Highway Commercial (HC)
1007-271-45 & 47 1737 Arrow Route, between Benson Avenue and Central Avenue Vacant Surplus Land 3.8 Zoned General
Industrial (GI)
1046-591-12 & 13 105 N. 1st Avenue, between "A" Street and 9th Street Commercial Surplus Land 0.26
Vacant 2,241 sq. ft.
building on parcel

13. Zoned 1st
Street Overlay in
Old Town District of
the Historic
Downtown Upland
Specific Plan (SP)
1046-591-08, 09,
10, 11
1st Avenue between "A" Street and 9th Street.
165/151/139 N. 1st Avenue Vacant Surplus Land 0.74
Zoned 1st Street
Overlay in Old
Town District of the
Historic Downtown
Upland Specific
Plan (SP)
1046-233-25 SWC of Washington Blvd. and 6th Street Vacant Surplus Land 0.49 Zoned Multi-
Family/Senior
Housing District of
the Historic
Downtown Upland
Specific Plan (SP)
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites

Jurisdiction Upland
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 54
70 124
Units by Structure Type Entitled Permitted Completed
SFA 76 21 62
SFD 116 43 232
2 to 4 0 0 0
5 +0 0 0
ADU 0 54 27
MH 0 0 0
Total 192 118 321
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level

Jurisdiction Upland
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Rezoning properties in the Housing
Sites Inventory and CEQA
Compliance
$300,000.00 $0.00 None
Have not initiated
project; waiting for the
City's Housing Element
certification
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
192
192
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 54
70 124
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 27
295
322
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
300,000.00$
Task Status
Other (Please Specify in Notes)

S T A F F R E P O R T
I T E M N O . 10.K .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

R I C H A R D S M I D E R L E , O P E R A T I O N S M A N A G E R

N I C O L E D E M O E T, E N V I R O N M E N TA L Q U A L I T Y A D M I N I S T R A TO R S U B J E C T :C O N S I D E R A P P R O V A L O F A T H I R D A M E N D M E N T TO T H E

B R I G H T V I E W L A N D S C A P E M A I N T E N A N C E S E R V I C E S

A G R E E M E N T

R E C O M M E N D E D A C T I O N
I t is recom m end ed t hat th e C i ty C ou ncil ap p rove t he t hi rd ad d en d u m to t h e B rig htview L and scap e M ain ten ance S ervices ag reem ent for an ad d ition al $10 5,0 00 .

G O A L S T A T E M E N T
Th e p rop osed ac ti on s u p p orts the C ity’s ob jec ti ve to p rovid e excel len t custom er servic e to the com m u nity an d contin ue to m aintain and im p rove C ity p ub lic land scap e infrastru cture.

B A C K G R O U N D
O n J ul y 2 9, 2 01 4, th e C i ty C ou nc il en tered i n t o an A g reem en t wi th V all ey C rest L and scap e M aintenan ce for th e routin e m ain ten ance of city ow ned land scap e in frastructu re. T his ag reem en t was for an i ni ti al t w o (2 ) year t erm with th ree op ti on al on e (1) year extension s.

Th e cont ract am ou nt wou ld vary from year-to-year b ased u p on am oun t of fu n d in g ap p roved b y C it y C ou n c il in t he an n u al b u d g et. A p rovision was als o inclu d ed in th e cont ract t o allow for a yearly ad ju st m en t to th e con tract u nit cos ts b ased on th e C onsum er P rice I n d ex (C P I ) if th e contract w as exten d ed b eyond the in itial tw o-year term . T he in itial tw o-year term and the th ree, one year con tract exten sions were execut ed an d Val ley C rest has s in ce ch an g ed their com p an y nam e to B rig h tview L and scap e M ain ten ance.

O n M ay 1 3, 2 01 9, t he C it y C ou ncil ap p roved an A m en d m en t t o th e A g reem ent w ith B rig htview L and scap e M aintenan ce for th e routin e m ain ten ance of city ow ned land scap e in frastructu re an d to ad d ad d it ion al servic es, w hich in cl u d ed trash p ickup , flower p lan ting an d

ad d ition al servic e area at n o ad d i ti on al cos t t o th e C i ty. T his am end m en t en d ed on S ep tem b er 1, 2 02 0.

O n S ep tem b er 2 7 , 20 21 , th e C i ty C ou n ci l ap p roved t h e s econ d ad d en d u m t o th e B rig htview L and scap e M ain ten ance S ervices A g reem en t, wh ich extend ed the ag reem ent th rou g h J u ne 3 0, 20 22 , un til a com p rehen sive R F P c ou l d b e c om p let ed , avoid in g an y d i sru p ti on of servic es to th e com m un ity. A d d i ti onal s cop e of services for m ain ten ance of S ycam ore Park H O A an d H arvest H O A w ere also ad d ed in th e second ad d end um .

I S S U E S /A N A L Y S I S
A lth oug h the curren t A g reem en t h as b een extend ed to com p lete a com p reh ensive R F P un til th e en d of this fiscal year, ad d itional even ts h ave occu rred th at req uire a third ad d en d u m to th e ag reem en t. O n J an uary 21 , 20 22 , th e C i ty exp eri en c ed an extrem e w i n d st orm causin g sig n ifican t d am ag e to trees, h om es, b usin esses, vehicles, si d ewal ks, an d road s . H u rricane force wind s over 80 m iles p er hou r cau sed a level of d am ag e su fficien t to lead t h e C ity’s D irector of E m erg ency S ervices t o i ss u e a p roc lam ati on D ecl ari n g t h e E xis ten ce of a Local E m erg en cy C au sed b y an E xtrem e W in d E vent . T he P roclam at ion was s u b seq u en tl y ratified b y th e C ity C ou nc il w ith th e ad op tion of Resolution N o. 6 63 6. Th e d am ag es attrib uted b y the event exc eed ed th e C it y’s avai lab le p ersonn el, eq u ip m en t, an d faci li ti es, l ead i ng s taff t o call up on ou tsid e resources and con tractors to com p lete th e em erg en cy resp onse clean-u p activities. B rig ht view w as on e of th e con tract ors t he C ity h as b een u sing to m eet the em erg en cy service n eed .

S taff i s recom m en d ing t h at th e C it y C ou ncil ap p rove a th ird ad d end um to th e B rig htview service ag reem en t s et to exp ire J u n e 30 , 20 22 to in cl ud e res p on se and cl ean -u p services associated wi th th e J an uary 2 1, 2 02 2 even t. S t aff is al so req u est in g to ad d ad d i ti onal scop e for lab or to p rovid e Weed A b atem en t an d Lan d s cap e M ai n t en an ce S ervices at th e C losed Up lan d S anitary L and fill.

F I S C A L I M P A C T S
Th e C i ty’s ad op t ed F i sc al Year 20 21 -22 B u d g et c ont ain s su fficien t fun d s for the rem ain in g scop e ass oci ated w it h t h e C los ed U p l and S an it ary Lan d fill and on M arch 14 , 20 22 , th e C ity C ou ncil ap p roved th e M id -Year B u d g et Review for F i sc al Year 2 02 1/2 2, wh ic h in clud ed ap p rop riating $10 5,0 00 for “O t her S ervi ces ” rel ati n g to B rig h tview em erg en c y servic es. N o ad d ition al ap p rop riation is necessary.

Th e C ity h as req u est ed fi n an ci al as si st an c e from t he S tat e of C A D irect or of E m erg en cy S ervices (O E S ) to cover exp enses associated with th e J an uary 21 , 20 22 W in d storm .

F u nd in g
F Y 20 21 -22 A ccou nt N o. 10 1-5 41 0-5 25 8 $94 ,50 0 F Y 20 21 -22 A ccou nt N o. 64 5-6 40 1-5 25 8 $10 ,50 0

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Amendment No. 3 - Brightview Agreement
Amendment No. 2 - Brightview Agreement
Amendment No. 1 - Brightview Agreement
Brightview Agreement
Resolution No. 6636

46708.00102\34940648.2

ADDENDUM No. 3
TO LANDSCAPE MAINTENANCE AGREEMENT (10144)
This Third Amendment to an Agreement between the CITY OF UPLAND (“City”) and BRIGHTVIEW LANDSCAPE SERVICES, INC. (“Contractor”) for Landscape Maintenance Services is entered into this ____ day of ________, 2022.

RECITALS
WHEREAS, on July 29, 2014, the City and Contractor entered into an Agreement between the CITY OF UPLAND, a California municipal corporation, and VALLEY CREST LANDSCAPE SERVICES, INC. a California corporation, for Landscape Maintenance Services (the “Agreement”); and
WHEREAS, on May 13, 2019, the City and Contractor entered into a First Amendment ("Addendum No. 1") to the Agreement with BrightView Landscape Services, Inc. as successor-in-interest to Valley Crest Landscape Maintenance, Inc. (each a "Party" and collectively the "Parties"), extending the term of the Agreement; and WHEREAS, on September 27, 2021, the City and Contractor entered into a Second Amendment ("Addendum No. 2") to the Agreement, extending the term of the Agreement to June 30, 2022.

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties herein set forth, the Parties agree as follows:

ADDENDUM

1. Services: In addition to the services provided under the Agreement, as amended by Addendum Nos. 1 & 2, Contractor shall provide to the City services in the form of labor for windstorm tree debris cleanup and ancillary emergency related maintenance of landscape in the City’s rights-of-way, as may be needed from time to time.

2. Scope: Contractor shall assist in Citywide tree debris cleanup related to that certain windstorm event that occurred on January 21, 2022. Additionally, Contractor shall undertake and complete emergency related landscape maintenance duties Citywide, as needed and assigned by the City.

3. Funding/Cost: In addition to the compensation due Contractor under the Agreement, as amended, City shall compensate Contractor for the foregoing additional windstorm cleanup and/or ancillary emergency services in accordance with the fee schedule set forth in the Agreement, as amended, in an amount not to exceed $105,000.00.

46708.00102\34940648.2

IN WITNESS WHEREOF, the City and Contractor have executed this Addendum the day and year first set forth herein above

CITY OF UPLAND

Bill Velto, Mayor

ATTEST

Keri Johnson, City Clerk

APPROVED AS TO FORM:

Stephen P. Deitsch, City Attorney

Contractor

By:

Name:

Title:

By:

Name:

Title:

S T A F F R E P O R T
I T E M N O . 10.L .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

N I C O L E D E M O E T, E N V I R O N M E N TA L Q U A L I T Y A D M I N I S T R A TO R

J O H N R O B L E S, A C T I N G W A T E R U T I L I T I E S M A N A G E R S U B J E C T :C O N S I D E R A P P R O V A L O F A T H R E E -Y E A R S E R V I C E A G R E E M E N T

F O R I N -S E W E R-M A N H O L E R O A C H E X T E R M I N A T I O N S E R V I C E S W I T H G O L D E N B E L L P R O D U C T S, I N C .

R E C O M M E N D E D A C T I O N
I t is recom m end ed the C ity C ou ncil ap p rove a cont ract with G old en B ell P rod u cts, I nc. for I n- S ewer-M an hole Roach E xterm ination S ervices in the am oun t of $33 0,7 50 for a three-year term w ith th e C ity op tion to ren ew for t w o ad d itional on e-year term s; an d to authorize the C ity M anag er to execu te the contract d ocu m en ts in clud in g all extension s.

G O A L S T A T E M E N T
Th e p rop osed ac ti on s u p p orts the C ity’s ob jec ti ve to p rovid e safe and reli ab l e sewerag e d isp osal servic es to resi d en ts , wh ile keep i ng the s ew er in frastructu re effec ti vely ren ew ed , rep laced , an d m ain tained .

B A C K G R O U N D
A s p art of th e s ew er col lec ti on sys tem ’s rou ti n e p reven t ati ve m ain ten an c e m easu res , C ity S ewer M ain ten ance s taff are t asked w ith cleaning ac ti vit ies th at in clud e h ig h -p res su re sew er line fl u s h i n g of ap p roxim ately 5 ,00 0 ft. of sew er m ain s d aily. To com p lete t h i s task, sew er m ains are ac ces sed vi a m an hole b y staff. D u rin g this act ivity, M ai nt enan ce st aff have ob served roach i nfestat ion i n th e sewer m anh oles. I n ad d i ti on to M ai n t en an ce staff ob servation s, P ub lic W orks h as al so recei ved an i n c reas e in t he c all volum e of com p laints m ad e b y citizens noticin g an in creased in festation aroun d resid en ces and city streets.

I S S U E S /A N A L Y S I S
I n p ast years, t here w as no p rog ram in p l ace to ad d ress roach in festation. S taff is cu rren t ly in d evelop m ent of su ch a p rog ram , w h i ch will in cl u d e an nu al t reat m en t. I n d evel op i n g this p rog ram , st aff h as con tac ted s everal ad jacent m un icip alities and d is tric ts t o d eterm i n e wh ich p rog ram s an d ven d ors wou ld b e b est in m itig at in g the roac h i n fes tat ion p rob l em . G old en B ell P rod u cts, I n c. (G B P ) - a vend or sp eci ali zi ng i n roac h infestation cont rol i n sewer in frastructu re w as h ig h l y recom m en d ed t o t he C ity and h ad p osi ti ve rati n g s am on g th e ad jacen t ag en cies th at w ere su rveyed . To p rovi d e a com p aris on to services offered b y the G B P s ervi ce, staff con tacted Term i ni x for an eq u i valen t service an d q uote, b u t h as received n o resp on se.

S earch in g for another vend or or com p arab le p rod u ct has b een un su ccessful.

Un d er t h i s cont ract, G B P w il l s p ray 4,5 00 sewer m an h oles ann ually u sing an E PA ap p roved I n secticid al latex coatin g th at is sp rayed on th e m anh ole w all. I n sp rayin g th e latex coatin g , in festation i s m i ti g at ed w it h th e ad d ed b en efi t of m anh ole su rface clean in g and b rig h ten in g .

Th e coat in g d ri es w ithin h ours of ap p licat ion an d h as an effect iven ess g uarant ee of 1 8 m on th s. Roach es m ake contact w it h t h e coat in g , ab sorb i n g t he p est ic id e an d p eri sh in g w ithin 8 h ours of contact.

Th is cont ract is for th ree years term with t h e C ity retaining t h e op tion, at it s sole d i sc ret ion , to ren ew th is A g reem ent autom atically for n o m ore th an tw o ad d ition al on e-year term s.

F I S C A L I M P A C T S
Th e F iscal Year 20 21 -22 b u d g et con tains sufficient fu n d s for t he p rop os ed S ew er-M anh ole Roach E xterm ination S ervices, in the accou nt as sum m arized b elow:

F u nd in g
F Y 20 21 /22 A ccou nt N o. 64 5-6 40 2-5 25 8 - $10 5,7 50 .00 Th e con tract w il l in crease t o $1 10 ,25 0.0 0 for F Y 2 02 2/2 3 and $1 14 ,75 0.0 0 for F Y2 02 3-2 4.

Th e ad d it ion al one-year term s m ay b e sub ject to C P I in creases. I f award ed , fu n d i n g for the rem ain in g contract will b e b ud g eted each fiscal year to cover the costs of this service.

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Agreement
Sole S ource J ustification

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 28th day of March, 2022 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and Golden Bell Products, Inc., a California Corporation with its principal place of business at 952 N Batavia St, Orange, CA 92867 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing sanitary sewer manhole roach control services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for sanitary sewer manhole roach control project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sanitary sewer manhole roach control maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 28, 2022, to March 28, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance

3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Braden Yu, Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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3.2.5 Contractor’s Representative. Contractor hereby designates Michelle Webster, Vice President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulatio ns and without giving written

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notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and ret ention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or b y some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake

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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this

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Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM; and $2,000,0000 aggregate. per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 MINIMUM; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

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(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply

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with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times

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be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any

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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed $105,750.00 for Fiscal Year 2021-2022, $110,250.00 for Fiscal Year 2022-2023, and $114,750.00 for Fiscal Year 2023-2024 without approval of the City Council or if costs increases are the result of a request Extra Work. Extra Work may be authorized, as described below.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra W ork) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing

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wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Cont ractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specif ied in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other

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information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Golden Bell Products
952 N Batavia Street
Orange, CA 92867
Attn: Michelle Webster, Vice President
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Braden Yu, Public Works Director
With Copy To:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other

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related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willf ul misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents an d volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term

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referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,

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understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND

AND GOLDEN BELL PRODUCTS

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF UPLAND
APPROVED BY:

Michal Blay,
City Manager

ATTESTED BY:

Keri Johnson,
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

GOLDEN BELL PRODUCTS

By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

____________________________________
Contractor’s License Number

____________________________________
DIR Registration Number

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
Golden Bell Products to perform the following items:
 Apply INSECTA, an approved product for sewer roach control application in sanitary manholes.
 Treat to depth of seven feet or less, with an approximate area of 100 square feet per manhole.
 Will prepare and treat according to manufacturer’s specifications for preparation instructions.  Apply coating based on the manufacturers recommended label rates, five (5) manholes per gallon, not to exceed three (3) pints per manhole.
 Remove existing sewer manhole covers, scrape clean the inside of the cover area, spray Insecta, reseat the cover and mark the reinstalled cover with a painted white line extending from the manhole cover to the adjoining pavement, indicating that the cover has been reseated properly and firmly. Liability for damage caused by covers that have been reinstalled and marked is limited to 24 hours. Covers that are damaged or will not reseat properly will be immediately reported to the customer. Customer assumes all liability for damages caused by covers that fail to properly reseat.
 Mark each manhole cover with an identifying white dot after being treated.  Provide proper supervision at the job site during all phases of work.  Be responsible for coordinating the work to be done. Work will take place in accessible alleys, parking lots, and streets.
 Guarantee the application for eighteen months from the date of treatment. If more than 50 living roaches are found in a manhole during the warranty period, the manhole must then be retreated by Golden Bell Products at no additional charge or obligation to Customer.

Golden Bell Products will retreat any manhole which inspections with photographs report live roaches within sixty (60) calendar days after notification; providing more than 50 live roaches are found inside the manhole during two inspections occurring two days apart. *  Will report number of manholes treated when submitting billing invoices. Golden Bell Products will indicate in writing on each paper quarter section map, the number of manholes treated, applicators name initials with the date of completion. This will serve as the record of application for the necessary Agencies and warranty information.  Customer will supply paper quarter section maps indicating exact locations of manholes to be treated, street names and smart cover locations. Golden Bell Products will not be responsible for any damage to unidentified smart covers.  Customer will make accessible all designated manholes to be coated. If not accessible by service truck Golden Bell Products will notify Customer.  Customer will provide inspection and assistance where necessary.  No more than 90 calendar days will elapse between date of notice to proceed and completion of the application. A reasonable time for potentially unfavorable weather will be mutually agreed upon by Customer and Golden Bell Products  Requirements may be added or deleted from the above Scope of Work; however, these must be agreed upon by both parties prior to the commencement of work.  The cost of additional permits and/or licenses, other than those already required by the state, required within city limits to perform work within that city will be assumed by the Customer.

EXHIBIT B

EXHIBIT B

SCHEDULE OF SERVICES

Fiscal Year 2021/2022 - 4500 Manholes.

Fiscal Year 2022/2023 - 4500 Manholes.

Fiscal Year 2023/2024 - 4500 Manholes.

EXHIBIT C

EXHIBIT C

COMPENSATION
Year 1 Pricing: Fiscal Year 2021/2022
Pricing for 4500 Manholes @ $23.50 per manhole is $105,750.00.

Year 2 Pricing: Fiscal Year 2022/2023
Pricing for 4500 Manholes @ $24.50 per manhole is $110,250.00.

Year 3 Pricing: Fiscal Year 2023/2024
Pricing for 4500 Manholes @ $25.50 per manhole is $114,750.00.

952 N Batavia Street Orange, CA 92867- PHONE (714) 363-3985 FAX (714) 997-4807 www.goldenbellproducts.com

Sole Source Justification

Within the State of California Golden Bell Products has the sole source right for the application and distribution of Insecta. Golden Bell Products has provided the service and product that is used in sewer manholes for the control of cockroaches since October of 1998, when the first test area was treated in the State of California.

Insecta is the only registered product of its type and active ingredient labeled for use in sewer manholes. The product is a formulated product, which is produced in an EPA approved establishment. The product comes ready to use and since it is a polymerized product there is no field mixing required, (which is not the case with any additive type of product). Insecta has been tested and applied by Orange County Sanitation Districts and has proven to be effective standing up to the eighteen-month guarantee provided by Golden Bell and the product manufacturer.

Additionally, this product is used and approved by Los Angeles County Sanitation District and approximately 60 other cities and agencies within the state of California.

Over the past 23 years Golden Bell Products has provided this service with minimal price increases. Finally, Golden Bell Products is a local vendor that holds the correct licensing for application of pesticides in sewer manholes. Golden Bell Products is licensed by the California Agricultural Department of Pesticide Regulation. Holding a QAL license with the required categories A, C and N and a Pest Control Business License. Golden Bell carries and maintains all current registrations with all the County Agricultural Commissioners in each of the counties they apply the Insecta pesticide in.

The accompanying letter from the manufacturer of Insecta shows Golden Bell Products as the sole source for the application and distribution of Insecta in the State of California.

S T A F F R E P O R T
I T E M N O . 13.A .

D A T E :M arch 28 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R S U B J E C T :D I S C U S S I O N O N E S TA B L I S H I N G A T E M P O R A R Y M O R A TO R I U M ,

O R A M E N D I N G R E G U L A T I O N S , O N N E W M A S S A G E PA R LO R S,

S M O K E S H O P S , H Y D R O P O N I C S H O P S A N D OT H E R P E R S O N A L

S E R V I C E B U S I N E S S E S I N T H E C I T Y

R E C O M M E N D E D A C T I O N
I t i s rec om m en d ed t hat t h e C it y C ou n ci l d irect s taff on wh eth er to p rep are a m oratoriu m ord in ance th at tem p orarily p rohib its new m assag e p arlors, sm oke sh op s, hyd rop onic shop s and oth er p ersonal service b u sinesses, or am end existing reg ulations.

G O A L S T A T E M E N T
Th e p rop osed d i scussi on sup p orts t h e C it y's g oal to p eriod ic all y con sid er ch ang es to t he C ity’s Zoning C od e as issues arise or S tate leg islation m and ates am en d m ents.

B A C K G R O U N D
Th e C it y C ou ncil at its m eet in g on Feb ru ary 2 8, 20 22 , req uested an item b e p laced on the C ou ncil A g en d a t o initiate a d i sc u s si on on w hether to p u rsue a m oratoriu m to tem p orarily p rohib it n ew “m assag e p arlors, sm oke sh op s , h yd rop on ic sh op s and oth er p ers on al service b u sinesses” from op eni ng in t h e C i ty. Th e m oratoriu m p rovid es a p eriod of tim e for t he C ity C ou ncil and staff to stu d y t he concern s raised an d c om e b ack at a lat er d ate w i th p erm anen t reg ulations.

Reg ard ing m ass ag e t herap y, S ect ion 4 6 0 of th e C alifornia B u s in ess an d P rofession s C od e restricts a cit y or cou n t y from p rohib iting a p ers on or g rou p of p ersons certi fied b y the C alifornia M ass ag e T herap y C oun cil (C A M TC ) from eng ag ing i n t heir b u si n es s, occu p at ion , or p rofession , in clud in g estab lish in g a m orat ori um . H ow ever, t h e s tat u t e d oes n ’t p reven t a city or coun ty from i m p osi ng a tem p orary m orat ori u m on n on -C A M TC-certi fied m assag e estab lishm ents. M oreover, it d oesn ’t p reven t a city or c oun ty from ad op ti ng an d en forc in g any

ord in ance reg u latin g zon in g , b u siness licen sing or reason ab le h ealth and safety req uirem ents con cerning m assag e th erap y. C urren tly, t he C i ty reg u l ates m assag e t herap y u n d er C h ap ter 17 .29 of th e Zon in g C od e (S ee E xh ib it 2 ) wh ich p rovid es reg ulations to the m axim u m exten t p ossib le u nd er C aliforn ia law. T he C oun cil m ay d iscu ss zoni ng d istrict reg u lat ion s wh ere m assag e t herap y is allow ed and c on s id er wh eth er a c h an g e is necessary. A lt ern ati vely, the C ou ncil can con sid er a m oratoriu m on th e ot h er p ers on al s ervi ce b u si n es ses i d en ti fied i n this rep ort. S t aff in cl ud ed h ookah/s m oki ng lou n g es, p aw n s h op s, g old exch an g es an d ch eck cashing b u sinesses to the list m ention ed b y C ou ncil as these typ es of b usin esses are w ithin th e ran g e of u ses classified as p erson al services.

Th e staff rep ort p rovi d es t h e curren t zon in g d ist rict reg u lat ion s for th ese p erson al service b u sinesses. S t aff also ob tai n ed from a b u si n es s licen se q u ery b y H d L C om p an ies t he nu m b er of b u s in ess es op erat in g i n t he C ity b y in d i vid u al us es t o p rovid e c on t ext t o th e d iscussion. I n ad d ition , a b rief d i sc us si on on a m oratoriu m p rohib iting n ew b us in ess es from op en i n g i n the C ity an d alternative ways to reg u late th ese typ es of b u sinesses is p rovid ed as w ell.

I S S U E S /A N A L Y S I S
Th e cu rren t reg u lat ion s in the Zon in g C od e for t he p erson al s ervi ce us es id ent ified are p rovid ed b elow an d d ep ict t he z on es wh ere t h ey are al lowed /not all ow ed , and if t h ey are p erm itted b y rig ht, all ow ed w it h a con d itional u s e p erm it or all ow ed w ith an ad m inistrative use p erm it. I n the case of m assag e therap y, a m assag e op erator’s p erm it (M O P ) is req u ired in th e zon es wh ere it is p erm itted .

K ey
P Perm itted U se
C U P C ond ition al U se Perm it Req .

A U P A d m in. U se Perm it Req .

M O P M assag e O p erator’s Perm it
--- Use N ot A llow ed in Zon e
M ixed -U se Z o nes C o mmercial
Z o nes
C /R-
M U
B /R-
M U
C /O -
M U
C /I -

M U N C H C R C O P
L and U ses
M assag e Parlors M O P M O P M O P M O P M O P M O P M O P M O P S m oke S h op s (C overed u nd er retail u se)P P P P P P P P H ookah/S m oking L oun g es C U P C U P C U P C U P C U P C U P C U P C U P Paw n S hop s A U P A U P A U P ------A U P A U P ---
H yd rop on ic S hop s (C overed u n d er retail
use) P P P P P P P P
G old E xc han g es (C overed un d er retail
use)P P P P P P P P
M on ey S ervic e / C h eck C ashing
B u sinesses P P P P P P P P

C /R -M U (C om m ercial/Resid en tial M ixed -Use)N C (N eig h b orhood C om m ercial) B /R -M U (B u siness/Resid ential M ixed -U se)H C (H ig h w ay C om m ercial) C /O M U (C om m ercial/O ffice M ixed -Use)R C (Reg ional C om m ercial) C /I M U (C om m ercial/I n d u strial M ixed -Use)O P (O ffice P rofessional)

S taff p rovid ed an electronic cop y of t he C i ty’s Zoning M ap for the C ou ncil’s referen c e (S ee E xhib it 3 ). A b ove, th e “P ’ s ym b ol sig n ifies t h e use is p erm it ted b y ri g h t in th e zone. S t aff is th e d ec is ion -m aki ng au th ority on ad m inistrative u se p erm its w h i ch are d i sc ret ion ary m ean in g staff can eit her ap p rove, c ond it ion all y ap p rove, or d en y th e p erm it b ased on c om p li an c e w ith th e req u i red find in g s. T h e con d i ti onal u se p erm it i s sim ilar b u t is sub ject to a p ub lic hearin g b efore th e P lann in g C om m ission wh ere they can eith er ap p rove, con d itionally ap p rove, or d eny th e p erm it b ased on c om p li an c e with th e m an d at ory fi nd in g s. Th e m as sag e op erator’s p erm it is p rocessed th rou g h th e p ol ic e d ep art m en t and ap p roved b y t he Pol ic e C h ief i f all the

req uirem ents con tained i n C h ap t er 17 .29 (M assag e T herap y) of t he Z oni ng C od e h ave b een m et. T h e p erm it can b e susp en d ed or revoked if th e h old er of t h e p erm it viol ates any of the acts listed in 17 .29 .10 0.

B elow are t he resu lt s of t h e q u ery from H d L C om p an ies reg ard in g t h e n u m b er of b usin esses w ithin t he C it y for each of th e p ersonal servic e u s es. A l so, at tac h ed is an E xcel sh eet (S ee E xhib it 1 ) th at p rovi d es th e b u si n es ses an d t heir ad d resses for th e C ou n c il ’s referen ce. O ne area worth n ot in g is th ere are ei g h teen (1 8) s m oke s h op s cu rrent ly op erat in g in U p lan d . A con sid eration on w hether to estab lish a tem p orary m oratoriu m or am en d ing curren t reg ulations for t hi s u se or oth ers will req uire facts an d d at a to d eterm in e if t here is a “curren t and i m m ed i ate t h reat t o th e p u b lic h ealt h , s afety, or w elfare”. A s p art of th is analysis, the relationship of t ob acco retai ler d en si ty in certain sociod em og rap h ic seg m en ts of th e C i ty m ay b e of h elp in th is analysis. S ee d iscussion in the n ext section on this find in g .

I n term s of m assag e p arlors, th e U p land Poli ce D ep artm ent an d s taff are aw are of th e existin g nu m b er of m assag e p arlors op erating in th e C it y as they are req uired to ob tain an op erator’s p erm it. T he other p erson al service u ses listed are lim ited in nu m b er.

M assag e p arlors (2 4)
S m oke sh op s (18 )
H ookah an d sm oking L oun g es (2 loun g es, 3 restaurants that offer h ookah) Paw n S hop s (1 )
H yd rop on ic sh op s (0)
G old E xch ang es (2 )
M on ey service b u sinesses / C h eck cash in g b usin esses (2 )

M O R A TO R I U M

C alifornia law con tains several crit ic al lim itation s on t he exerci se of the C it y’s p olice p ow er con ferred in A rticle X I , S ection 7 of the S tate con stitution . A s set forth in C aliforn ia G overn m en t C od e sec ti on 6 58 58 of th e P lann in g an d Z on i n g L aw s, t he m orat orium statu te allow s ci ti es an d cou nt ies to ad op t 4 5-d ay “i nt eri m ord inan ces” t o p rohib it lan d u ses t hat m ay con flict with a con tem p l ated g en eral p l an or zoning cod e am en d m ent or an oth er lan d u se p rop osal t h e leg is lat ive b od y i s st ud yin g or in ten d s to st u d y wi th in a reasonab le p eriod of tim e. S u ch ord in ances can b e ext end ed so t hat th e m axim u m term of th e m oratoriu m d oes not exceed two years.

Th e b ar for ad op ti ng an d ext end in g a m oratoriu m ord i nan ce i s hig h an d req u irin g a 4/5 th s vote of t he leg islat ive b od y. M oreover, th e leg islative b od y m ust fin d th at “th ere is a curren t and im m ed iate th reat to th e p u b li c h ealt h, safet y, or w elfare” an d th at the ap p roval of a p rop osed land use “w ould resu lt in th at threat to p u b lic health , safety, or welfare.”

Th e term “cu rrent and im m ed iate t hreat” h as b een d efi n ed b y p reviou s litig ation and exists only in certain n arrow circum st ances s u c h as w hen th e ap p roval of a p en d i n g ap p l icati on or p erm it is im m in ent or wh en a d evelop er h as sub m itted an ap p lication for a g iven p roject.

I n res earc hi ng other ci ti es w ho h ave estab lish ed t em p orary m oratorium s or am end ed reg ulations, som e h ave d raw n a relationship b etween a p roliferation an d c on c en t rat ion of sp ecific p ers on al servic e use(s) over t h e p ast years and an in crease i n p oli ce calls, crim e, illeg al activity, and d ru g use, wh ich led t o an im m in ent threat to th e p ub lic p eace, h ealth safety an d w el fare on b u si nes ses and resid ent s. A n oth er was th e relationship b etween an in crease in n eg at ive im p acts from sp eci fic p ersonal servic e b u si n es ses an d t hei r ad vers e effect on com m erci al l ease rates , w h i ch res u l ted in att rac ti ng less d esirab le an d m ore p rob lem atic b u sinesses in som e of th e c om m erc ial cent ers. Las tl y, an oth er exam p le was a d eterm in ation th at sm okin g lou n g es caused n eg ati ve im p acts t o s u rrou n d in g p rop erties d ue to increased noise, loitering , od ors, an d d istu rb ances of the p eace. A n im p ortant con sid eration is an y

d isp arate treatm en t of b u s in ess es w it h sim ilar u s es, w here on e w oul d b e s u b ject t o the m oratoriu m b ut not th e oth er, wou ld need to b e reasonab ly ju stified .

R E G U L A TO R Y A LT E R N A T I V E S

A m end in g th e C ity’s zon i n g reg ulations i s a p referred al ternat ive to ad d ress w hat m ay b e p rob lem atic lan d u ses. B elow are som e p erm anen t reg u latory alternatives to consid er. S m oke sh op s are u sed as an exam p le, b ut som e of th ese reg u latory alternatives can ap p ly to oth er p erson al service u ses m en tioned in th is rep ort:

S etb acks from sc hool s, p arks, lib raries. T hes e are loc ati on s wh ere c h i ld ren are m ore likely to b e p resen t an d th ere i s sub st ant ial research showing t h at m i nors wh o are exp osed t o tob acc o an d vap in g p rod u c ts are m ore li kely t o exp erim en t. S om e cities have ad op ted a st an d ard of 1,0 00 feet from sc h ool s, p arks , and lib raries, wh ile oth er jurisd iction s h ave ad op ted a stand ard of 50 0 feet.

S etb acks b et w een tob acc o retailers: Th ese setb ack req u irem en ts are b ased on avoid in g an overconcentration of su ch u ses . S om e cities u se a d istan ce of 5 00 feet w h il e oth er jurisd iction s h ave used 1 ,00 0 feet.

Req u ire a C on d i ti onal U se Perm it for a t ob ac co retailer. Rath er than b eing a p erm itted b y rig ht us e, a cond ition al u se p erm it can b e req uired w hi ch p rovid es d iscretion ary authority b y the P lan ning C om m ission to closely reg u late th is use.

Red u ce th e Z on i n g D is tric ts w here sm oke sh op s are p erm itted . C u rrently, sm oke shop s are p erm itt ed in al l of th e m ixed u se an d com m ercial zon es in th e C it y (S ee t h e C hart ab ove). T here m ay b e several zones w here a sm oke sh op m ay b e inap p rop riate su ch as in th e N C (N eig h b orhood C om m ercial) zon e wh ic h are occup ied b y sm all b usin esses w ho p rovid e everyd ay g ood s an d s ervi ces an d are w it hi n or cl ose t o resid en tial neig h b orhood s. O r p ossib ly th e C /R-M U (C om m erc ial /Resi d en ti al M i xed -U se) wh ich allow s a m ixed -use d evelop m en t on on e p arcel con si st in g of resi d en ti al an d com m ercial uses and wi th in a c los e p roxi m i ty to resi d en ts . T hese are b u t two exam p les an d the C ou ncil m ay consid er som e of the other zon in g d istricts as well.

F I S C A L I M P A C T S
Th ere is n o fis cal im p ac t reg ard i n g this p olicy d is cu ss ion . I f th e C ity C oun ci l d irect s s taff to p rep are a m oratoriu m ord in ance an d sub seq uen tly b rin g b ack p erm an ent reg ulations in the form of a Zon in g C od e A m en d m en t , th e cos t t o th e g en eral fun d will b e staff’s tim e in im p lem en ting th e C ou ncil’s d irection .

A L T E R N A T I V E S
P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Exhibit 1: List of Personal S ervice Businesses Operating in the City by Businesses Type
Exhibit 2: Copy of Chapter 17.29 (M assage T herapy) of the Zoning Code Exhibit 3: Copy of Zoning M ap

n¤n¤
UV66
9th S treet
16th Street
UV30
Mountain Ave
22nd Street
5th Avenue
25th Street
26th S treet
Alta Avenue
Benson Avenue
Campus Avenue
24th Street
Burt Street
E
a
st
g
a
t
e

A
v
e
C o l o n i e s P a r k w a y
11th Avenue
San Antonio Avenue
Grove Avenue
Pacific Electric Bike Trail
23rd Street
Monte Vista Avenue
Wilson Avenue
Central Avenue
Mountain Avenue 14th Street
7th S tre e t
8t h S t r e e t
Euclid Avenue
Campus Avenue
M
il
duraAve
11th Street
15th Street
17th Street
19th Street
21st Street
25th Street
20th Street
18th Street
Arrow Highway
Foothill Boulevard
13th Street
Olive S treet
M
M
SP
M OS
SP
M
GI
M
SP
LI
PB
CA
OS
SP
PB-L

PB-FC/R
PB

PB-FC/R
LI
MH
PB-EE
C/I-MU
OS
MH
SP
OS
MH
RC
OS
LI
PB
LI
PB
OS
RC
LI
PB-EE
SP
LI
OS
PB
RC
LI
C/I-MU
RM-2
SP
LI
MH
LI
OS
LI
PB
OS
SP
HC
RM-1
C/I-MU
PB
RM-2
PB
RM-1
HC
PB
PB
RM-1
PB
PB
LI
(C/R-MU)
PB-EE
RM-2
PB
OS
LI
OS
SP
RS-20
PB
B/R-MU
PB
RM-2
SP
RM-1
OS
RM-2
(C/R-MU)
OS
LI
PB
HC
OS
RM-1

HC C/O-MU(C/R-MU)C/O-MU
RM-2 OS
OP
(C/R-MU)
RM-2
RS-10
RM-2
PB
PB-R
PB-R
RS-20
OS
OS
PB
HC
RM-2
OS
PB-R
HC
B/R-MU
RS-10
PB
RM-1
(C/R-MU)
RM-2
LI
RS-20
RS-15
RM-1
RM-2
PB-R
RS-7.5
PB-FC
PB-EE
RS-7.5
RS-10
HC
LI
SP
RS-20
RS-10
PB-EE
RS-15
RS-20
PB-EERS-10
RS-15
RS-7.5
RS-15
C/I-MU
RS-7.5
(C/R-MU)
RS-15
RS-10
R
S
-
4 RS-7.5
RS-7.5 RS-10
OS
RM-3
RS-20
PB
RM-2
C/I-MU
(C/R-MU)
RM-3
RS-15
RS-10

C/O-MU B/R-MU
RS-20
HC
C/O-M
U
HC RS-7.5
RM-2
HC
RM-2OP
OP

C/O-MU(C/R-MU)
RS-10
RS-10
C/I-MU
RS-7.5
RM-2
LI
SP
RS-7.5
OP
RS-10
RS-7.5
RS-15
NC
RS-4
C/O-MU
RM-2
RM-2
RM-2
PB
HC
RS-10 RS-10
NC
RM-3
RS-20
RS-7.5
HC
OP
OP
RS-7.5
RS-10
RM-2

HC C/O-MU
RS-15
RS-15
SP
PB
B/R-MU
RS-7.5
RS-20
OP
RS-7.5
O
SRM-1
RS-10
RS-15
SP
RS-15
HC
RS-15
RS-7.5
B/R-MU
RS-7.5
RS-7.5
SP
RS-7.5
PB-R
RS-10
(C/R-MU)
PB
RS-10
RM-2
RM-2
RM-2
RS-15 RS-10
RM-2
RS-10
RM-2
RS-15
RS-7.5
RS-7.5
RM-3
RS-7.5
RS-10
HC
RM-1
PB
RS-4
(C/R-MU)
RM-2
PB-R
RS-7.5
RS-10
R S -7 .5
HC
M
RM-2
RS-7.5
RS-7.5
RS-10
RS-7.5
(C/R-MU)
RS-7.5
NC
RM-2
RS-7.5
RS-7.5
NC
RS-7.5

OP (C/R-MU)
RM-1
LI
RS-4HC
RS-7.5
(C/R-MU)
B/R-MU
C/I-MU
D
C3
C3
B3
B1
B3
B2
C2
C2
B1
B2
B2
B3
C1
C1
A
A
B2
D
E
E
E

C I T Y O F U P L A N D

Z O N I N G C O D E U P D A T E

Z O N I N G M A P
Source: City of Upland
0 0.5 1 Miles
n¤Metrolink
Rail Line
Pacific Electric Trail
City Limits
Specific Plan Parcels

SINGLE-FA MILY RE SI DENTIAL
RS-20,000 (RS-20)
RS-15,000 (RS-15)
RS-10,000 (RS-10)
RS-7,500 (RS-7.5)
RS-6,000 (RS-6)
RS-4,000 (RS-4)
Mobile Home Park (MH)

MULTI-FA MILY RESIDENTIA L
RM-10
RM-20
RM-30

COMME RCIAL
Office Professional (OP)
Regional Commercial (RC)
Highway Commercial (HC)
Neighborhood Commercial (NC)

IND USTRIA L
General Industrial (GI)
Light Industrial (LI)

MIXED -USE
Commercial/Residential Mixed-Use (C/R-MU)
Business/Residential Mixed-Use (B/R-MU)
Commercial/Office Mixed-Use (C/O-MU)
Commercial/Industrial Mixed-Use (C/I-MU)

SPECIA L PURPOSE
Open Space (OS)
Mining (M)
Cable Airport (CA)
Public (PB)
Scenic Corridor Overlay
Airport Saftey Overlay Zones
Map Date: 9/14/15
§¨¦210
§¨¦10
11 22
44 55
66 77 88
9 1 010

1. The Colonies

2. Upland Hills Country Club

3. Historic Downtown Upland

4. College Park

5. College Commerce Center

6. Harvest at Upland

7. Foothill Benson Terrace

8. Foothill Walk

9. Wyeth Cove

10. Park View

11. The Enclave
33 1 111