Cities Index.
Agenda packet

Upland City Council
August 8, 2022

Document
Agenda packet
Meeting
August 8, 2022
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Upland City Council
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50
Original file
317 KB
Text extracted from the city's file for reading and search. Open the original on docx.uplandca.gov. That file is the official record.

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

A G E N D A
A u gu st 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.

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 N o ne
* * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
Very Reveren d Keith Yam am oto, Rector, S t. M arks E p iscop al 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
Life S avin g Aw ard P resented b y S an B ern ard in o C oun ty A ssistant F ire C hief B irch field to F ire E xp lorer J ake H anson
P roclam ation recog n i zi n g Police L ieu ten an t D on D od t u p on h i s ret irem en t from the C ity w ith 3 0 years of service
P roclam ation rec og n izin g D evelop m ent S ervi ces M an ag er Li z C havez u p on her retirem ent from th e C ity with 20 years of service P resentation of S an A ntonio Reg ional H osp ital Award 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 ul ar M eet in g M inu tes of J ul y 2 5, 20 22 . (S taff Person: Keri J oh nson)
B.P L A N N I N G C O M M I S S I O N A P P O I N T M E N T P O L I C Y A d op t a Resolution am end in g th e p olicies and p roced u res relative to th e estab lishm ent an d op erat ion of com m i ss ion , com m it tees, b oard s, and authorities ap p oi nt ed to ad vis e th e C it y C ou ncil. (S taff Pers on: S tep hen D eitsch)
C .A P P R O V E T H E R E V I S I O N S F O R T H E J O B S P E C I F I C A T I O N S F O R T H E

A N I M A L S E R V I C E S S U P E R V I S O R
A p p rove the revisions to the job sp ecifications of th e A nim al S ervices S u p ervisor p osition. (S taff Person : S tep h en Parker)

D.C O N S I D E R A P P R O V A L O F V E N D O R P U R C H A S E O R D E R S F O R F I S C A L Y E A R 2 02 2-2 3
A u th orize b l an ket F i sc al Year 20 22 /23 P u rchase O rd ers for L ow e's, M att– C h lor, I n c (M att-C hlor) an d J on es C h em i cal I n c. (J C I ). (S taff Person :

B rad en Yu)
E .M E A S U R E I C A P I TA L I M P R O V E M E N T P L A N A N D C A P I TA L P R O J E C T

N E E D S A N A LY S I S
A d op t a Resolution ap p rovin g th e M easu re I F ive-Year C ap ital I m p rovem en t P l an for F is cal Years 2 02 2/2 02 3 throug h 20 26 /20 27 , and ad op t a Res olu ti on ap p roving th e M eas u re I F i ve-Year C ap it al P roject N eed s A n alys is for F iscal Years 2 02 3/2 02 4 th rou g h 20 27 /20 28 . (S taff Person: B rad en Yu )
F.A C C E P TA N C E O F P U B L I C A N D P R I V A T E I M P R O V E M E N T S F O R T R A C T 20 11 7, G E N E R A L LY LO C A T E D O N T H E N O R T H E A S T C O R N E R O F

C A M P U S A V E N U E A N D C O LO N I E S PA R K W A Y A ccep t th e p u b li c im p rovem ents con st ru ct ed b y W att C om p an i es, g enerally located on the north east corn er of C am p us Aven ue and C olon ies Parkway; and ap p rove t he red uc ti on of t h e S u b d ivi si on Perform an ce B ond and L ab or and M aterials B on d . (S taff Person : B rad en Yu)

11.P U B L I C H E A R I N G S
A .A N N U A L W E E D A B A T E M E N T P R O G R A M – A C C E P TA N C E O F Y E A R E N D

R E P O R T A N D A S S E S S M E N T S
Th e C ity C oun ci l wi ll con si d er the final rep ort an d ass ess m en ts for th e A n nu al Weed A b atem en t P rog ram . (S taff Person: Rob ert D alq uest) Recom m end ation:1 )S taff P resen tation
2 )H old P u b lic H earing
3 )C lose P ub lic H earin g

4 )A ccep t th e it em i zed cos t rep ort for all w eed ab atem en t assessm en ts an d authorize staff to
su b m it to the C ou nty of S an B ern ard in o A ssessor's office for p l acem en t on t he S an B ern ard in o C oun ty p rop erty tax rolls.

B.P U B L I C H E A R I N G TO C O N S I D E R D E L I N Q U E N T W A T E R , S E W E R , A N D

R E F U S E S E R V I C E C H A R G E S TO B E C O L L E C T E D O N T H E TA X R O L L Th e C it y C ou ncil wi ll con d u ct a p ub lic hearin g to c ons id er the p l acem ent of d elin q u ent wat er, sew er, and refu s e services b eing p lac ed on t he tax roll. (S taff Person: S tep hen Parker)
Recom m end ation:1 )S taff P resen tation
2 )H old P u b lic H earing
3 )C lose P ub lic H earin g

4 )A ccep t t h e rep ort of d el in q u ent wat er, sewer, an d refu se s ervi ce ch arg es, and au th ori ze th e d elinq uen t ch arg es to b e p laced on th e tax roll.

12.C O U N C I L C O M M I T T E E R E P O R T S
A .F I N A N C E C O M M I TT E E M E E T I N G , J U LY 2 7, 2 02 2 Th e C om m it tee C hairp erson will rep ort on th e m eeti n g . T h i s i s an in form ation item only.

13.B U S I N E S S I T E M S

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

B A L LOT
I t is rec om m en d ed th at t he C it y C oun cil t ake th e following act ion s b y at least tw o- th ird s vote of the C ity C ou ncil. (S taff Person: M ichael B lay)

1. A d op t a Resolu tion cal li n g for th e p lacem ent of a G eneral Tax M easure - known as the U p land P u b lic S afety and C ity S ervices M easure - on t h e b allot for N ovem b er 8 , 20 22 G en eral M u nicip al E lection for th e s u b m i ss ion t o th e q ualified voters of an ord i n an ce to enact a g en eral t ran sac ti on s an d use t ax (sales tax) at th e rate of on e cen t (1 ¢).

2. A d op t a Resolu tion req ues ti ng th e B oard of S u p ervi sors of th e C ou nty of S an B ern ard in o to con solid ate a G eneral M u n ic ip al E lection t o b e held on N ovem b er 8, 2 02 2 w ith t he S tat ew id e G en eral E lection t o b e held on th at d ate p ursu ant to §10 40 3 of the E lection s C od e.

3. A d op t a Resolution p rovid ing for the filin g of p rim ary an d reb uttal arg um ents and settin g ru les for the filin g of written arg u m en ts reg ard in g a city m eas u re to b e sub m itt ed at t he N ovem b er 8 , 20 22 G eneral M un icip al E lection .

B.E S TA B L I S H 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 N D A P P O I N T

M E M B E R S
E stab lish an ad hoc com m it tee and ap p oi n t t w o m em b ers of th e C ou n ci l to th e C om m itt ee to s erve as t he P lan ni ng C om m i ss ion er i n t ervi ew p anel. (S taff Person: Keri J ohn son )
C .P R O F E S S I O N A L S E R V I C E S A G R E E M E N T TO P R E PA R E T H E S I D E W A L K

M A S T E R P L A N
Aw ard a p rofes si on al s ervi ce ag reem en t w it h I n frastructu re M an ag em ent S ervices, L P (I M S ) for th e d ata collection, analysis, and p rep aration of th e S id ewalk M as ter P lan in the am ou n t of $4 40 ,55 0; ap p rove an ad d itional allocation of A R PA fu nd in g i n th e am oun t of $2 60 ,55 0 for a tot al allocation of $4 40 ,55 0; and aut horize the C it y M anag er t o execute th e ag reem ent and any fu tu re am end m en ts w ithin the C ity M an ag er's authority. (S taff Person: B rad en Yu )

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 ularly sc h ed u l ed C ity C oun ci l m eetin g i s M on d ay, S ep t em b er 12 , 2 02 2
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 A u g u s t 3 , 2 0 2 2 a t rue a nd co rre ct co p y o f t h i s a g e n d 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.

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

D A T E :A ug ust 8 , 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 P. D E I T S C H , C I T Y A TTO R N E 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 :P L A N N I N G C O M M I S S I O N A P P O I N T M E N T P O L I C Y

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 ad op t a Resolu ti on am end in g the p ol ic ies and p roced ures relative to the estab lish m en t an d op eration of com m ission , com m ittees, b oard s, an d au th orities ap p oin ted to ad vise th e C ity C oun cil.

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 to p rovi d e op p ortu nities for t h e cit izenry to p articip ate i n local g overn m en t throug h servic e on vari ous C om m ittees, C om m i ss ion s, an d B oard s.

B A C K G R O U N D
O n J u ly 25 , 20 22 t he C i ty C oun cil revi ew ed op tions p resent ed b y the C ity A tt orn ey reg ard in g im p lem en ting an ap p oi nt m en t p roc ess for P lann in g C om m issioners. At th at t im e th e C oun cil d irected staff to m ove forward with "O p tion 1."

Th is op tion p rovid es that at t he t im e of any vacancy on the P lan ning C om m ission , th e C ity C ou ncil m ay estab lish an ad h oc in terview p an el wh ich shall consist solely of th e M ayor (or his d esig nated C oun cil al tern at e) an d t he M ayor P ro Tem (or th e M ayor’s or M ayor P ro Tem ’s d esig nated alt ern ate) [or as an al tern at ive, b y t he M ayor an d an y ot her C ou n ci l M em b er selected b y th e C oun cil]. T he ad h oc c om m it tee s h al l b e d isb an d ed on c e it h as m ad e its recom m end ation to th e M ayor on selection of a cand id ate.

Th e P l ann in g C om m ission C h air (or alt ern ate C om m is si on er selected b y th e M ayor if th e C hair seeks reap p oi n t m en t) and D evelop m ent S ervices D irect or sh all b e ad visors to th e ad h oc in terview p an el, b u t sh all n either sit as votin g m em b ers on th e p anel n or p articip ate in any

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voting or c an d id ate ratin g syst em ot h er than if i t m erely consti tu tes ad vi ce to t he ad h oc com m ittee.

I S S U E S /A N A L Y S I S
Th e C i ty A tt orn ey h as p rep ared a Resolu tion revising th e p oli ci es and p roced u res relative to th e estab lishm ent and op erati on of t h e P lann in g C om m ission. T hat Resol u t ion is att ach ed for C ou ncil's con sid eration an d ad op tion .

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 amending the Planning Commission appointment process

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

AMENDING THE POLICIES AND PROCEDURES RELATIVE TO THE

ESTABLISHMENT AND OPERATION OF COMMISSIONS,

COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO

ADVISE THE CITY COUNCIL

Whereas, the use of citizen Commissions, Committees, Boards, and Authorities to advise the City Council on issues of public concern is an efficient and effective means of involving citizens in policy development; and

Whereas, Chapter 2.16 and Section 2.20.030 of the Upland Municipal Code provides that the City Council shall by resolution, establish a process for the screening of individuals desiring to serve as City Commission, Committee, Boards or Authority members; and

Whereas, the effective use of these Commissions, Committees, Boards , and Authorities is furthered by clear guidelines governing their creation and operation; and

Whereas, the City Council adopted Resolution No. 4331 which established guidelines governing the creation and operation of established Commissions, Committees, Board s and Authorities; and

Whereas, from time to time there is a need to eliminate or amend the established rules governing the operation and creation of Commissions, Committees, Boards, and Authorities, which was the basis for the adoption of Resolution Nos. 5786, 6038, 6270, 6397, 6504, 6539, 6581, 6583, and 6608; and

Whereas, the City desires to provide a fair and equitable manner by which citizens are appointed to City Commissions, Committees, Boards, and Authorities , which is free of undue influence, but which advances the authority provided by Government Code Section 40605; and

Whereas, the City Council may establish standing committees of the legislative body to provide an opportunity for fact finding prior to consideration by the entire Council; and

Whereas, the City Council established the Recreation Committee by Resolution No. 4839 on June 9, 1997, and rescinded previously adopted Resolution Nos. 2600, 3324, 3626, 4212 and 4474 and amended Resolution Nos. 4331 and 5007; and

Whereas, the City Council later amended the composition of the Recreation Committee with Resolution No. 5007, dated February 8, 1999, adding two School Board Members to the Committee; and

Whereas, the City Council added the Finance & Economic Development Committee, Police & Fire Committee, and Public Works Committee with Resolution No . 5290, dated December 10, 2001; and

Whereas, the City Council amended the Standing Legislative Committees by Resolution No. 6539 to include Economic Development Committee, Finance Committee, Police & Fire Committee, and Public Works Committee; and

Whereas, the Council amended, by Resolution No. 6581, the Economic Development Committee, Finance Committee and Public Works Committee to include five citizen advisory members; and

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Whereas, the City Council established, by Resolution No. 6583, the Environmental Sustainability Advisory Committee and the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee and dissolved the Traffic Safety Advisory Committee; and

Whereas, the City Council amended, by Resolution No. 6608, the Finance Committee Membership to include the City Treasurer without restriction; and

Whereas, the City Council now desires and intends to modify the process for selection of new Planning Commissioners to fill vacancies.

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

Section 1. The City Council hereby adopts the amended guidelines and policies governing Commissions, Committees, Boards and Authorities of the City (“Guidelines and Policies”) attached hereto and incorporated herein by reference, including changes set forth therein to the process for selection of new Planning Commissioners to fill vacancies, and further including by incorporating by reference all prior actions by the City Council to eliminate or modify Commissions, Committees, Boards and Authorities to the extent they are not inconsistent with the attached Guidelines and Policies.

Section 2. 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 Secti on 15061(b)(3) of the State CEQA Guidelines.

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 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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GUIDELINES AND POLICIES GOVERNING
COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES.

SECTION 1. CREATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES

The Upland City Council shall have the power from time to time by resolution to create such Commissions, Committees, Boards, and Authorities which are necessary or deemed advisable by the Council to carry out the governmental functions of the City in the manner reflecting the best interest of its citizens. The number of members to each Commission, Committee, Board, and/or Authority shall unless otherwise required by law, correspond to the number of members of the appointing body as authorized by law. Each active member of the Upland City Council shall have an appointee on each Commission, Committee, Board and/or Authority. Each appointee shall be a citizen nominated by the Mayor or Councilmember, respectively, and approved by a majority vote of the City Council and appointed by the Mayor.

SECTION 2. DEFINITION

“Commission” shall be any group established pursuant to the Upland Municipal Code. “Committee” shall be any group of individuals which shall have any ongoing charge from the City Council and which are formed by resolution. “Committee” shall not include Committees composed solely of elected officials. “Board” shall be any group formed pursuant to S tate law providing for same. “Authority” shall be any group formed pursuant to State law providing for same. “Standing Legislative Committee” shall include committees comprised of el ected officials who will review operational concerns prior to official council action.

SECTION 3. APPLICABILITY

The provisions of this resolution shall apply to all Commissions, Committees, Boards, and Authorities hereafter created by resolution of the City Council and to existing Commissions, Committees, Boards, and Authorities as identified on the attachments hereto. The provisions of this resolution shall supersede any minute motion or resolution of any prior City Council of Upland which is in conflict with the provisions of this document. Insofar as possible, the provisions of this resolution shall govern the operation and creation of Commissions, Committees, Boards, and Authorities appointed by the City Council except in those instances where the provisions of this resolution conflict with provisions of State or Federal law.

SECTION 4. APPOINTMENT AND APPLICATION PROCESS

The City Clerk shall maintain a roster of individuals who expressed interest in serving on City Commissions, Committees, Boards, and Authorities, who may be nominated by a serving member of the City Council, and who have completed an application form in a manner established or approved by the City Council. Said application shall indicate among other things, the Commission, Committee, Board, or Authority on which said individual is interested in serving. Any application filed shall be valid for a period of three (3) years. Incumbent Commission, Committee, Board, or Authority members shall submit an application prior to the end of their term if they would like to be considered for reappointment . Members of the City Council shall make appointments from this roster.

SECTION 5. SELECTION AND APPOINTMENT

Members of the City Council requiring representation on a particular Commission, Committee, Board, or Authority shall review the list of applicants and submit a nominee to the City Clerk.

Councilmembers will give consideration to candidates who reside in their respective district.

If a Councilmember cannot find a suitable candidate to nominate from the Councilmember’s respective district, the Councilmember may nominate a candidate from a different district at

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that Councilmember’s discretion. The City Clerk shall place nominations before the City Council for its review and approval as and when necessary.

For selections made by the Mayor and ratified by the City Council, the Mayor shall review the list of applicants and submit a nominee to the City Clerk. The City Clerk shall place the nominations before the City Council for its review and approval as and when necessary.

In appointing Planning Commissioners, whenever there is a vacancy on the Planning Commission, the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tem (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission (or other Planning Commissioner designated by the Mayor if the Chair is seeking re-appointment) and the Development Services Director. The committee advisors shall have no voting power during the selection process. The ad hoc committee meetings shall not be subject to the Brown Act. However, at the Mayor’s discretion, the ad hoc committee meetings where candidate interviews are conducted m ay voluntarily be conducted open to the public, while the rating and discussion of candidates may be closed to the public. Each City Councilmember may recommend at least one applicant from their District for an interview by the ad hoc committee. Once a Planning Commissioner vacancy is filled by the Mayor’s appointment and the City Council’s ratification, the ad hoc committee shall disband.

Appointments to standing legislative committees (Economic Development , Finance Committee, Public Safety Committee, and Public Works Committee) are made by the Mayor biannually to coincide with elections and may be reviewed and reassigned annually or as needed. Each of the legislative committees, with the exception of the Public Safety Committee, will also include five advisory members, one advisory member appointed by each Councilmember.

SECTION 6. TERMS OF COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES

For Council nominated appointments the term of each Commission, Committee, Board, and Authority member shall coincide with the holding of office by the nominating member of the City Council, unless otherwise prescribed by resolution creating the Commission, Committee, Board, or Authority.

For appointments made by the Mayor, the term shall be as outlined in the creation of the Commission, Committee, Board, or Authority.

No Commission, Committee, Board, or Authority member shall serve for more than two (2) consecutive terms on any individual Committee, Commission, Board, or Authority without the approval of the City Council by an affirmative 4/5ths vote.

SECTION 7. REMOVAL FROM COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES

Any Committee, Commission, Board, or Authority member may be removed from office during their unexpired term upon vote of the City Council, when in the sole discretion of the Council said removal is deemed appropriate. If the request for removal is from the appointing Councilmember, removal of the appointee will require a majority vote of the Council. Any request for removal from any member of the Council other than the nominating Councilmember will require a 4/5 vote of the Council. Notwithstanding the foregoing, if the appointee’s nominating Councilmember is no longer a part of the Upland City Council or Mayor, that appointee shall be deemed to have automatically resigned the seat they hold upon the filling of the City Council vacancy.

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SECTION 8. RESIDENCY OF COMMISSION, COMMITTEE, BOARD, AND AUTHORITY

MEMBERS

In order to be appointed to a Commission, Committee, Board, or Authority, a prospective appointee must be a resident of the City of Upland and must remain in residence throughout the term of their appointment, unless a member is appointed by another entity. This provision may be waived upon an affirmative 4/5ths vote of the Council.

SECTION 9. CHAIRPERSON SELECTION

With the exception of the Planning Commission, the Library Board, and the Personnel Board of Review, the member appointed by the Mayor to any Commission, Committee, Board, and/or Authority shall serve as the Chairperson of that body. With regard to the Planning Commission, the Library Board, and the Personnel Board of Review, the members of said bodies shall select, nominate, and appoint by majority consensus, a sitting member of the Body to the position of Chairperson. The term of the Chairperson shall be for 2 years. No Chairperson shall serve for more than two (2) consecutive terms without the approval of the City Council by an affirmative 4/5ths vote.

SECTION 10. POSTING REQUIRED

The City Clerk shall, before December 31st of each year, develop a listing of all scheduled vacancies on City Commissions, Committees, Boards, and/or Authorities expected during the next twelve (12) months. In addi tion to the requirement of the Government Code, said list shall be posted at City buildings and other locations as may be designated from time to time by City Council resolution, for a period of thirty (30) days an d announced at a Council meeting in December. Said listing shall advise interested parties to obtain application forms and related materials at the City Clerk’s office. In addition, the City Clerk shall publish said list in the city newsletter seeking applications from interested parties and listing scheduled vacancies during the same thirty (30) day period. Unscheduled vacancies shall be adv ertised in accordance with the Government Code and posted at the same location as scheduled vacancies.

SECTION 11. DUTIES

The Commissions, Committees, Boards, and Authorities established by the Council shall perform such duties and have such powers as may be established from time to time by the Council.

SECTION 12. ATTENDANCE

In any case where a Commission, Committee, Board , and/or Authority member has missed three (3) regularly scheduled meetings in a twelve (12) month period without notifying the Chair of said Commission, Committee, Board, and/or Authority in advance of said meeting, the City Clerk shall contact the Commission, Committee, Board, and/or Authority member with a request to provide the reasons therefore, which shall be forwarded to the City Council.

SECTION 13. OPEN MEETINGS

All Commission, Committee, Board, and Authority meetings, except those meetings specifically exempted herein, shall be conducted pursuant to the provisions of the Ralph M.

Brown Act and the City Clerk shall maintain a copy of all agendas and minutes of all meetings.

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BUILDING APPEALS BOARD

PURPOSE
To determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electric Code, and the Seismic Hazards Reduction Ordinance.

MEMBERSHIP
5 Members Total
Selected from the following classifications:
a. Architect or Engineer
b. Attorney
c. Contractor – Electrical, Mechanical, Plumbing or General

LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term / Meetings are scheduled as needed as appeals are received.

No member may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

SELECTION PROCESS
 The City Clerk causes a request for volunteers to be posted  Using the criteria for membership, the Building Official determines if applicants are qualified and passes all qualified candidates to the City Clerk  Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for con sideration at a Council meeting

CODE REFERENCES
Resolution 4107
Resolution 2725
Ordinance 1882
(effective July 27, 1992)

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CITY COUNCIL ADVISORY COMMITTEE

PURPOSE
Review of any matters which may be referred to the Committee from time to time. If so directed, the City Council Advisory Committee will be responsible for performing an analysis and present recommendations to the City Council.

MEMBERSHIP
5 Members Total
Nominated by Councilmembers

LENGTH OF TERM/FREQUENCY OF MEETINGS
 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
 Meets quarterly, the first Wednesday of March, June, September, and December

SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
 Ordinance 1812, 10/8/2006
 Ordinance 1428, Section 2, 6/20/88
 Ordinance 1416, Section 1, 12/21/87
 Ordinance 1563, Section 1, 10/26/72
 Council Minutes 7/3/72

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COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE

PURPOSE
Annually review applications for Community Development Block Grant funds, conduct hearings to determine the most effective use of the grant funds and provide recommendations to the City Council.

MEMBERSHIP
5 Members Total
Nominated by Councilmembers

LENGTH OF TERM/FREQUENCY OF MEETINGS
 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
 Meetings held from January through April, with additional meetings on an as needed basis

SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
 Council Minutes 3/14/89

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ENVIRONMENTAL SUSTAINABILITY ADVISORY COMMITTEE

PURPOSE
This Committee shall act in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well -being of the City of Upland and its residents. The Committee will collaborate on environmental matters to promote environmental sustainability within the community. The Committee will make recommendations in regard to community clean-ups, beautification campaigns, Earth Day events, public outreach, and education on issues including recycling, storm water poll ution, water conservation and sustainability practices. The Committees mission is to improve the overall environmental health of the City.

MEMBERSHIP
5 Members Total
Nominated by Councilmembers

LENGTH OF TERM
 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

MEETINGS
Meets quarterly the third Wednesday of January, April, July, and October

SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
 Resolution No. 6583
 Council Minutes 4/26/21

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LIBRARY BOARD

PURPOSE
The Upland Public Library serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.

MEMBERSHIP
5 Citizens at Large
1 Council Liaison (advisory)
1 Friends of the Library Liaison (advisory)

LENGTH OF TERMS/FREQUENCY OF MEETINGS
 3 Year Term
 Meetings held the second Wednesday of the month, except the month of August.  No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

SELECTION PROCESS
Mayor shall appoint with Council ratification

CODE REFERENCES
 Council Minutes 3/14/89
UMC Section 2.28.010
California Library laws, Education Code 1990
Ordinance No. 99

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PARKS, ARTS, RECREATION, AND COMMUNITY SERVICES (PARCS) ADVISORY COMMITTEE

PURPOSE
This Committee shall act in an advisory capacity in matters pertaining to parklands, trails, recreational programs, youth and senior services, cultural arts programs, and special events throughout the City.

MEMBERSHIP
10 Members Nominated by Councilmembers (one senior liaison member and one youth liaison member to be designated annually by the committee)

LENGTH OF TERM
 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

MEETINGS
Meets bi-monthly the second Tuesday of January, March, May, July, September, and November

SELECTION PROCESS
Each member of the City Council shall submit two nominations to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
 Resolution No. 6583
 Council Minutes 4/26/21

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PERSONNEL BOARD OF REVIEW

PURPOSE
The functions of the board shall be to hear appeals as provided by this part and by rule, except matters pertaining to the meet and confer process.

MEMBERSHIP
3 Members Total
1 Alternate Member

LENGTH OF TERM/FREQUENCY OF MEETINGS
 4 Year Term
 No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
 On call by the Human Resources Manager

SELECTION PROCESS
 1 member - Council appointment shall be made by the Mayor, with Council ratification
 1 member - Employee Associations submits name(s) and Council selects appointment
 1 member agreed upon by Council and Employee Associations  1 alternate member agreed upon by Council and Employee Associations

CODE REFERENCE
UMC Section 2.36.160
Ordinance 1566
Ordinance 1494
Minute Action 5/31/1945

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PLANNING COMMISSION

PURPOSE
The powers and duties of the Planning Commission shall be to:

1. Prepare, periodically review, and revise, as necessary the General Plan

2. Annually review the Capital Improvement Program of the City and the local public works projects of other local agencies for their consistency with the General Plan

3. Perform other functions as the City Council provides

4. Perform such other land use-related functions pursuant to State laws pertaining to conservation, planning, and zoning as the council may direct or provide

5. Serve as the Airport Land Use Committee, applying the procedures and findings set forth in the Municipal Code in regards to all processes relating to a request for an implementation/land use compatibility decision, preparation, adoption and amendment to the Comprehensive Airport Land Use Plan of the City of Upland conforming to requirements set forth in Public Utilities Section 21670.1

6. Serve as the Historic Preservation Committee as outlined in the Upland Municipal Code

MEMBERSHIP
7 Members Total

Airport Land Use Committee consists of:
7 Planning Commissioners
2 ALUC members (possess expertise in aviation)

LENGTH OF TERM/FREQUENCY OF MEETINGS
 4 year terms
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
 Once a month, 4th Wednesday
 Commissioners receive $100 compensation per meeting (not to exceed $200 per month)

SELECTION PROCESS
 The City Clerk causes a request for volunteers to be posted  Mayor (or Mayor designee) and Mayor Pro Tem (or Mayor designee) shall comprise an ad hoc committee and shall interview applicants. The ad hoc committee may call upon advisors such as, but not limited to, the Planning Commission Chair (or designee selected by the Mayor if the Chair is seeking re-appointment) and the Development Services Director.
 The ad hoc committee shall recommend at least one candidate per opening to the Mayor for ratification by the City Council.
 Once a candidate is appointed by the Mayor and ratified by the City Council, the ad hoc committee shall disband.
 Airport Land Use Commissioners - Mayor shall appoint with Council ratification.

CODE REFERENCE
UMC Chapter 17.43.030
Resolution 6397
Resolution 6270
Resolution 4697
Ordinance 1202
Ordinance 415

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STREET TREE ADVISORY COMMITTEE

PURPOSE
This Committee shall study and review the proposed Urban Forestry Management Plan and make appropriate recommendation to Council and staff regarding the matters contained therein; to provide an avenue for citizens to appeal special circumstantial tree problems (i.e., tree removals, street tree designations, spraying for fruit insects); and to review tree removal and other policies.

MEMBERSHIP
5 Members Total
Nominated by Councilmembers

LENGTH OF TERM
 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
 No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

MEETINGS
Meets quarterly the second Thursday of February, May, August and November

SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
Resolution 6583
Resolution 5786
Resolution 5201
Resolution 4462

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ECONOMIC DEVELOPMENT COMMITTEE

PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in economic development operations prior to consideration by the entire Council .

MEMBERSHIP
2 City Council Members
5 Citizens - advisory members only
1 Upland Chamber Member – advisory member only

LENGTH OF TERM/FREQUENCY OF MEETINGS
 Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
 Meets quarterly, the first Monday of March, June, September, and December

SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.

Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.

The Chamber of Commerce shall submit their nomination to the City Clerk for ratification at a Council meeting.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 5290
Upland City Council Minutes, 12/01/2001

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PUBLIC SAFETY COMMITTEE

PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in public safety operations prior to consideration by the entire Council and to advise Council and staff of community concerns regarding issues of traffic safety and to recommend solutions to those concerns.

MEMBERSHIP
2 City Council Members

LENGTH OF TERM/FREQUENCY OF MEETINGS
 Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
 Meets quarterly, the 3rd Monday of March, June, September, and December

SELECTION PROCESS
All Standing Legislative Committees are appointed by the Mayor with Council ratification.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 5290
Upland City Council Minutes, 12/01/2001

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PUBLIC WORKS COMMITTEE

PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in Public Works operations prior to consideration by the entire Council.

MEMBERSHIP
2 City Council Members
5 Citizens - advisory members only

LENGTH OF TERM/FREQUENCY OF MEETINGS
 Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
 Meets quarterly, the 2nd Tuesday of January, April, July, and October

SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.

Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 5290
Upland City Council Minutes, 12/01/2001

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FINANCE COMMITTEE

PURPOSE
The Committee shall be responsible for reviewing matters pertaining to the finances of the City. This may include reviewing warrants and registers, financial statements, investment reports, the City's annual independent audit, City fees and service charges, and operating budgets

MEMBERSHIP
2 City Council Members
City Treasurer
5 Citizens - advisory members only
Finance Officer - advisory only (staff)

LENGTH OF TERM/FREQUENCY OF MEETINGS
 Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor with the exception of the Finance Officer  Meets quarterly, the 4th Wednesday of January, April, July, and October

SELECTION PROCESS
The City Treasurer is an established elected position and shall review and provide input on the quarterly investment reports.

Council Members on all Standing Legislative Committees are appointed by the Mayor.

Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6608
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 6394 (Investment Policy)

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

D A T E :A u g u st 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

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 P P R O V E T H E R E V I S I O N S F O R T H E J O B S P E C I F I C A T I O N S F O R

T H E A N I M A L S E R V I C E S S U P E R V I S O R

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 th e C i ty C oun cil ap p rove t h e revision s to t he job s p ec ifi cat ion s of the A n im al S ervices S u p ervisor p osition.

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 t h e C it y's g oal to p rovi d e U p land em p loyees w ith fair com p en sation and to correctly classify em p loyees b ased on th e job d uties p erform ed .

B A C K G R O U N D
Th e C i ty of U p land 's M erit Sys tem Ru les an d Reg u lat ion s estab lish t h e p erson nel syst em for th e C i ty of U p land an d p rovi d e for an eq uitab le an d un iform p roced ure for d ealin g w ith p erson nel m at ters th rou g h a d ep artm ent of p ers on n el and p rovid e for em p loym en t wi th in the C ity of U p l an d on a m eri t b as is , so th e b est q u alified p erson sh all b e b roug ht i nt o t h e service of th e C ity.

I n ad d it ion to est ab l ishi ng an eq u it ab le an d u niform p roced ure for d ealin g wi th p ersonn el m atters, t h e M erit System Ru l es and Reg ulations est ab l is h es a c las si fic ati on p l an for p erson nel. Th is c las si fic ati on p lan p rovid es a g rou p of job s b y com m on ali ty of d u ties, resp on sib ilities, an d fu nctions for each job sp ecification with in th e p lan.

F rom ti m e-t o-ti m e as m ay b e d eem ed necessary to c arry out t h e i nt ent and p u rp os es of the C ity, the C oun cil m ay revi se t h e classification p lan covering all p os it ion s i n t h e com p etitive service.

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I S S U E S /A N A L Y S I S
Th e H um an Resou rces D i vis ion routin ely c oll ab orates with d ep art m en ts for th e estab lish m en t, revisions, and d eletions of job sp ecification s.

Th e cu rren t i ncum b en t servin g i n th e role of A n im al S ervices S u p ervisor h as su b m it ted their in ten t to retire A ug ust 31 , 2 02 2. T he Poli ce D ep artm ent h as req u es ted a revi ew of th e job sp ecifications to en s u re t h at i t ad d res ses t h e n eed s of t he D ep artm ent an d th e services the C ity is p rovid ing to resid en ts.

A s a resu lt of th is req u es t, i t h as b een d eterm i ned th at t he curren t sp ecification need s su b stan tial revision s, in ord er to m eet the n eed s of th e D ep artm ent and th e C ity.

Th is classification w il l rem ain as p art of t he U p lan d M i d -M an ag em en t E m p loyees ' A ssociation (U M M E A ). Th e un ion has b een notified of the p rop osed revisions to the job sp ecifications.

F I S C A L I M P A C T S
Th ere is n o fiscal im p act for revising th e job sp ecification s for th is p osition .

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
J ob S pecifications Animal Services S upervisor

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September 2022
FLSA: Non-Exempt

ANIMAL SERVICES SUPERVISOR

GENERAL PURPOSE
To perform management and supervisory duties, organize and coordinate field and animal shelter operations, enforce City, State and Federal animal control laws, codes, regulations and ordinances; take stray and/or vicious animals into custody and transport them to the local animal shelter.

DEFINITION
Under general direction, plans, schedules, assigns, reviews, and supervises the work of staff performing animal care and control duties within the City’s Police Department; plans and coordinates a comprehensive animal services program including field and animal shelter operations; enforces City, state, and federal animal control laws, codes, regulations, and ordinances; takes stray and/or vicious animals into custody; provides complex staff assistance to management staff in areas of expertise; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned management personnel. Exercises direct supervision over technical staff.

CLASS CHARACTERISTICS
The Animal Services Supervisor is responsible for the successful operation of the Animal Shelter/Animal Services. Incumbents enforce applicable laws and regulations. The Animal Services Supervisor has a larger span of supervisory control and greater contractual responsibilities than the Animal Control Officers.

This is the full supervisory-level class in the Animal Services Officer series that exercises independent judgment on diverse and specialized animal care and control activities with accountability and ongoing decision-making responsibilities associated with the work. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of staff and for providing technical support to management in a variety of areas. Performance of the work requires the use of independence, initiative, and discretion within established guidelines.

ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class. Other duties and responsibilities may be added, deleted, or changed at any time at the discretion of management, either orally or in writing.

1. Participate in the development and implementation of budgets, goals, objectives, policies, and priorities for Animal Services; identify resource needs; recommend and implement policies and procedures.

2. Organize and coordinate the work flow of the animal shelter involving city staff, organizations, clubs and volunteers.

3. Monitor activities to ensure timely dispatching and completion of duties.

4. Investigate complaints regarding animals and take appropriate action when animals are creating nuisances and/or there is animal abuse.

5. Enforce City animal licensing laws and City codes as assigned.

6. Coordinate rabies and spay/neuter clinics.

7. Issue citations for violations of animal licensing ordinances and City codes as needed.

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Animal Services Supervisor

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8. Respond to concerns and questions from animal services personnel.

9. Explain ordinances relating to the care and keeping of animals to the public.

10. Select, train, motivate and evaluate animal services personnel; provide or coordinate staff training; work with employees to correct deficiencies.

11. Identify opportunities for improving service delivery methods and procedures; review with appropriate management staff; implement improvements.

12. Impound, quarantine, and dispose of animals as needed, including, but not limited to, the preparation of laboratory samples and the administration of euthanasia.

13. Attend meetings and respond to related questions and complaints; provide public education regarding animal services.

14. Prepare and maintain a variety of records and reports, including payroll, budgets, and schedules; review current operating procedures and submit recommendations for improvement.

EXAMPLES OF TYPICAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations where appropriate so qualified employees can perform the essential functions of the job.

 Plans, organizes, assigns, supervises, and reviews the work of the Animal Services program staff; trains staff in work procedures; evaluates employee performance, counsels employees, and effectively recommends initial disciplinary action; assists in selection and promotion; responds to concerns and questions from assigned staff.
 Participates in the development of goals, objectives, policies, procedures, and priorities for assigned services and programs; recommends and implements policies and procedures including standard operating procedures for assigned operations.
 Monitors activities of the Animal Services work unit; identifies opportunities for improving service delivery and procedures; provides recommendations concerning process changes; reviews with appropriate management staff; implements improvements.
 Coordinates assigned services and operations with other divisions and outside agencies.  Participates in annual budget preparation; identifies resource needs; prepares detailed cost estimates with appropriate justifications; monitors expenditures.  Provides staff assistance to management; prepares and presents staff reports and other written materials; supervises the establishment and maintenance of reports, records, and files; ensures the proper documentation of operations and activities.
 Answers questions and provides information to the public; investigates complaints regarding animals and takes appropriate action when animals are creating nuisances and/or where there is evidence of animal abuse; enforces City animal licensing laws and City codes as assigned.  Issues citations for violations of animal licensing ordinances and City codes as needed; explains ordinances relating to the care and keeping of animals to the public.  Impounds, quarantines, and disposes of animals as needed, including, but not limited to, the preparation of laboratory samples and the administration of euthanasia.  Organizes and coordinates the workflow of the animal shelter involving City staff, organizations, clubs, and volunteers.
 Monitors activities to ensure timely dispatching and completion of duties.  Coordinates rabies and spay/neuter clinics.

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Animal Services Supervisor

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 Maintains files, databases, and records related to animal care and control functions; prepares a variety of written reports, memoranda, and correspondence.
 Represents the City in meetings with members of other public and private organizations, community groups, contractors, developers, and the public.
 Ensures staff observe and comply with all City and mandated safety rules, regulations, and protocols.  Performs other duties as assigned.

QUALIFICATIONS GUIDELINES

Knowledge of:

Operations, services and activities of a comprehensive animal control program; Principles of supervision, training and performance evaluation; Various breeds of domestic pets; Modern and complex principles and practices of animal care and disease treatment and prevention; Procedures, methods and techniques of animal shelter construction, sanitation, and management; Basic practices of law enforcement; Pertinent Federal, State, and local laws, codes and regulations; Modern office practices, methods, and computer equipment; Principles and procedures of record keeping and reporting; Principles of budget preparation and administration; Principles and practices used in dealing with the public; Word processing methods, techniques, and programs including spreadsheet applications; Safe driving principles and practices.

 Principles and practices of employee supervision, including work planning, assignment, review and evaluation, discipline, and the training of staff in work procedures.  Principles and practices of leadership.
 Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
 Basic principles and practices of budget administration and monitoring.  Principles, practices, methods, and techniques of overseeing a comprehensive animal control program.
 Basic species and breed identification of a variety of domestic and common wild animals.  Symptoms and behavior associated with rabies and other common diseases of animals.  Behavior and handling of common domestic and wild animals.  Methods and techniques of handling, collection, impoundment, and registration of a variety of wild and domestic animals in various conditions.
 Occupational hazards and standard safety practices necessary in the area of animal services.  Basic mathematics.
 Modern and complex principles and practices of animal care and disease treatment and prevention.  Procedures, methods and techniques of animal shelter construction, sanitation, and management.  Basic practices of law enforcement.
 Safe driving principles and practices.
 Applicable federal, state, and local laws, codes, and regulations pertaining to the proper care and control of animals.
 Principles and procedures of record keeping and reporting.  City and mandated safety rules, regulations, and protocols.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
 Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.

Ability to:

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Animal Services Supervisor

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Supervise, organize, and review the work of technical and clerical personnel; Select, supervise, train, and evaluate staff; Analyze problems, identify alternative solutions, predict consequences of proposed actions and implement recommendations in support of goals; Interpret, explain, and ensure compliance with City animal control policies and procedures; Prepare and maintain accurate and complete records; Prepare clear and concise reports; Respond to requests and inquiries from the general public; Interact effectively and sensitively with individuals from diverse backgrounds; Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs; Be available for call-out and overtime, as required and work weekends, holidays and evenings as assigned; Communicate clearly and concisely, both orally and in writing; Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

 Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
 Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Identify problems, research and analyze relevant information, and develop and present recommendations and justification for solutions.
 Perform the most complex animal control officer duties.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Interact effectively and sensitively with individuals from diverse backgrounds.  Respond to complaints or inquiries from citizens, staff, and outside organizations.  Prepare clear, effective, and accurate reports, correspondence, and other written materials.  Maintain accurate logs, records, and written records of work performed.  Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
 Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:

Graduation from High School or GED equivalent.
 Equivalent to completion of the twelfth (12th) grade.

Training/Experience:
 Five (5) years of increasingly responsible experience performing the equivalent of an Animal Control Officer in animal care and control, including of which one (1) year of lead or supervisory experience should be in a supervisory or lead capacity.

Licenses and Certifications/and Special Requirements:

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Animal Services Supervisor

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 Possession of, or ability to obtain, a valid Class C California Driver’s License, to be maintained throughout employment.
 Possession of, or successful acquisition within 12 months from appointment, a valid Certification per California Penal Code Section 832, to be maintained throughout employment.

Possession of, or ability to obtain, a Euthanasia Certificate. Possession of or ability to obtain within one year of appointment, a P.C. 832 P.O.S.T. Certificate issues by the State of California.

Ability to work evenings, weekends and holidays.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:

While performing the duties of this class, employees are regularly required to sit; talk or hea r, in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; reach with hands and arms. Employees are frequently required to walk, stand, squat and kneel, and to lift and move animals weighing up to 70 pounds.

Specific vision abilities required by this job include close vision and the ability to adjust focus.

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to inspect various City and residential sites, and to walk on uneven terrain; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a field classification with frequent standing in work areas and walking between work areas required. Wrist flexion and lateral r otation are necessary in combination with grasping to handle a snare and leash. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.

Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift, move, and carry animals that typically weigh up to 100 pounds.

Mental Demands:

While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; observe and interpret situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines; and interact with City Manager, staff, customers, the public and others encountered in the course of work.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

The employee is frequently exposed to diseased, injured and dangerous animals. The employee frequently is exposed to wet or humid conditions, fumes, toxic or caustic chemi cals. The noise level is moderately noisy.

ENVIRONMENTAL CONDITIONS
Employees primarily work outside in variable weather conditions and under exposure to potentially infectious diseases and hazardous physical substances. May involve exposure to dangerous and/or diseased animals. This position will be around animals known to cause allergies. Employees may interact

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Animal Services Supervisor

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with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS
Must be available for call-out and overtime, as required, and work weekends, holidays and evenings as assigned.

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

D A T E :A u g u st 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 : 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 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 V E N D O R P U R C H A S E O R D E R S F O R F I S C A L Y E A R 20 22 -23

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 e C ity C ou ncil au th ori ze b l an ket F is cal Year 20 22 /23 P urch ase O rd ers for L ow e's, M att–C h lor, I n c (M att-C h lor) and J on es C hem ical I nc. (J C I ).

G O A L S T A T E M E N T
Th e p rop osed action s up p orts th e C i ty’s ob jective t o p rovid e excel len t c u s tom er s ervi ce t o the com m u nity and con tinu e t o m aintain an d im p rove C i ty p ub lic in fras truc tu re & w ater facilities.

I t rem ain s i m p erat ive t h at th e P ub lic W orks D ep artm ent can effect ivel y p u rc h as e h ard w are, su p p lies an d /or tools, etc. from a local vend or on a reg ular b asis.

B A C K G R O U N D
Th e P u b lic Works D ep art m en t m ain tai n s a wid e rang e of C i ty i n frast ru ct u re in cl u d in g , b u t n ot lim ited to st reet s, si d ew al ks, p arks, p ark p layg rou n d s truc tu res , p ark lig h ting , p ark restroom facilities, c it yw id e sig nag e, trees, w ater an d s ew er lines, an d b uild in g fac il it ies . I n ord er to p rop erly m ai nt ain th is i nfrast ru ct ure, P u b lic W orks staff reg u larly p urch ases g eneral h ard w are, m aterials, an d eq u ip m en t. S taff u tilizes s everal ven d ors for t hese p urch ases t h rou g h ou t the year, resu ltin g in m ultip le p u rchases i n s m al l d oll ar am ou n ts . H ow ever, t h e cu m u lative am ou nt of t h es e p u rc has es m ay exceed th e C ity M an ag er’s an n u al p urch asi ng aut horit y for each vend or of $50 ,00 0.

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I S S U E S /A N A L Y S I S
Un d er th e C ity of U p land M u ni ci p al C od e (“U M C ”) C h ap ter 2.4 8 – P u rc h as in g , i t req u ires th at th e p u rc h as e of su p p lies and eq u ip m en t b e con d u ct ed th rou g h eith er a form al (U M C section

2.4 8.0 90 ) or in form al (U M C section 2 .48 .10 0) b i d p roced ure. H owever, U M C sect ion 2 .48 .14 0 p rovid es th at t h e C it y M an ag er “m ay c on t rac t for su p p li es, eq uip m ent , services or leases w ithou t ob s ervi n g th e p roced ures req u i red in th is c h ap ter [2.4 8]” w it h t he ap p roval of th e C ity C ou ncil.

B lanket P u rch ase O rd ers (B P O s) p rovi d e effi ci ent con trol of th e p u rchases of su p p lies an d facilitates the acq u isition of sm all d ollar item s ($5 ,00 0 or less p er item ) need ed for d aily op erations th at are oth erwise un econ om ical to st ore or to p roc u re t hroug h form al b id d in g p rocesses. Th e B P O s in th e am oun ts req u ested , exceed the $5 0,0 00 sig ning au th ority of the C ity M an ag er as p res crib ed i n t he C it y's P u rchasin g Poli cy an d P roc ed u re M anu al. T herefore, staff i s req u estin g th at the C i ty C oun cil ap p rove the foll ow in g ven d or B P O s to ens ure citywid e op erational efficien cy an d contin uity.

L ow e's i s a h om e i m p rovem en t an d h ard ware ret ail er t hat op erates ap p roxim ately 2 ,19 7 ch ain retail stores in th e U n it ed S tat es an d C anad a. Th e local Lowe’s store is located w ithin a q uarter m ile of th e C it y’s P u b l ic W orks Yard , w h ic h saves s taff ti m e an d storag e. Th e C it y al so u t il iz es the L ow e’s cred i t card servic e, w hich p rovid es u p to a 5% d iscoun t on all p u rchases at tim e of p urch ase.

M att–C h lor, I n c is a “O n e S t op S hop ” th at p rovid es c h em ic als , d isinfection p arts, eq u ip m en t an d system s m ad e b y a b road rang e of m anu fact urers to th e w ater treatm en t and wastewater treatm ent ind ustries. Th eir offices are ap p roxim ately 3 3 m iles (3 8 m inu te d ri ve) away from th e P ub li c Works Yard . M att-C hlor p rovi d es chlorine tab lets, b u lk b leach , an d rep lac em en t eq u ip m en t such as in ject or and c hl ori ne g as eq u i p m en t for th e C ity U tilities D ivision .

J on es C h em i cal I n c. p rovid es chem icals for w ater t reat m en t for wat er p urification . T heir offices are ap p roxim atel y 53 m i les (54 m inu te d rive) aw ay from t he P ub lic Works Yard .

J C I p rovid es th e C ity U tilities D ivision w ith g as chlorine for use in w ater treatm ent.

F I S C A L I M P A C T S
F u nd s for each of th e B P O ’s req uested are c on t ain ed in th e ap p roved F i sc al Year 2 02 2-2 3 b u d g et. T he p urch ase ord er am ou nts req u ested are:

Lowe's H om e I m p rovem en t $60 ,00 0
M att-C h lor, I n c.$65 ,00 0
J ones C h em ical I n c.$60 ,00 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
No Attachments Available

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

D A T E :A u g u st 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 : 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

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

P R O J E C T N E E D S A N A LY S I S

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 it y C ou ncil ad op t a Resol ut ion ap p rovin g th e M easu re I F ive- Year C ap i tal I m p rovem en t P lan for F iscal Years 20 22 /20 23 th rou g h 2 02 6/2 02 7, and ad op t a Resolution ap p rovin g th e M easu re I F ive-Year C ap it al P roject N eed s A nalysis for F i sc al Years 20 23 /20 24 th rou g h 20 27 /20 28 .

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 ob ject ive to contin ue to m ai n t ain and i m p rove the C ity's p ub lic road way facilities.

B A C K G R O U N D
I n N ovem b er 19 89 , th e S an B ernard ino C ou n ty voters ap p roved "M easure I 19 90 -20 10 ", the half-cen t sales tax th at p artially fu nd s cou ntyw id e tran sp ortation im p rovem en ts b etween 1 99 0 and 20 10 . I n N ovem b er 2 0 0 4 , t he vot ers p assed a n ew "M easu re I 20 10 -20 40 ", extend in g th e sales tax for an ad d ition al 3 0 years. I n A p ril 20 09 , th e S an B ernard ino C oun ty Transp ortation A u th ority (S B C TA , form erly S A N B A G ) ap p roved th e "M easure I 2 01 0-2 04 0 S trateg ic P lan", w hich serves as the p olicy an d p roced ures d ocum ent for the d elivery of p rojects an d p rog ram s referen ced in th e new M easu re.

I S S U E S /A N A L Y S I S
Th e "M easu re I S trateg ic P lan " id ent ifies certai n t ran sp ort ation p rog ram s th at q u ali fy for M easure I fun d ing , in cl ud in g : L ocal S t reet , F reeway, F reeway I n terch ang e, M ajor S treet,

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E xp ress B u s, M et rol in k/Rail Tran si t, S en ior/D is ab l ed Transit , an d Traffic M anag em en t System s. T he P lan also c ont ain s p rovi si on s for th e fu nd in g al loc ati on and exp en d i tu re p rocess reg ard in g eac h tran s p ortat ion p rog ram . F u rt herm ore, to q ualify for M easu re I fun d ing , each p articip atin g ag en c y i s req u i red t o p rep are an d s ub m i t a five-year C ap it al I m p rovem en t P lan and C ap ital P roject N eed s A nalysis:

1. F ive-Year C ap ital I m p rovem ent P lan (C I P ). E ach year, the C it y of U p l and receives ap p roxim ately $2 m illion u n d er t he "Loc al S t reet P rog ram ", d ep end in g on t he actual sal es tax p roceed s. T his i s l ocal ret u rn ed fu nd s b ased on U p l and 's p op ul ati on; t h e C it y h as the d iscretion of usin g th e fu nd s for local street p rojects. J u risd ictions receivin g fun d ing m ust ann ually ad op t a F ive-Year C I P, ou t li n i n g sp ecific local p rojec ts to b e fu n d ed in t he n ext five years. E xhib its "A " an d "B " su m m arize U p lan d 's M easure I road way p rojects for th e n ext five years and related exp en d itu re strateg y.

2. C ap i tal P rojec t N eed s A n al ysi s (C P N A ). Th e M easure I S trateg ic P lan contain s a list of transp ortation p roject s fun d ed un d er the "F reeway I n terch ang e P rog ram " and th e "M ajor S treet P rog ram ". U n l ike M easu re I l ocal fun d s m en t ion ed ab ove, th e S B C TA S trateg ic P lan sp ecifically i d en ti fies A rrow Rou te an d Foot hill B lvd as reg i on al p roject s q ualifying for ad d ition al fu n d in g un d er t he "M ajor S t reet P rog ram ". A d d itionally, E u cl id Aven ue & I -1 0 F reew ay, and M on te V is ta Avenu e & I -10 F reeway int erchan g es h ave b een id ent ified as a top p riority an d are b eing d evelop ed un d er t h e "F reew ay I n t erc h an g e P rog ram ". For efficien cy, b oth int erchan g es are b eing coord inat ed wi th the constructi on of t h e I -10 F reew ay m ai n line corrid or im p rovem en t p rog ram . A s m en t ion ed , each ag ency is req u ired to ad op t a C P N A , stating its cap ital p roject exp en d itu re p lan for the n ext five fiscal years (F Y 20 23 /24 to F Y 20 27 /28 ). S B C TA wi ll com p i le all C P N A d ocum ents rec eived , for t he p urp ose of exp en d itu re p lann in g with in th e reg ion . E xhib its "C-F " contain Up lan d 's F ive-Year C P N A .

F I S C A L I M P A C T S
M easure I is a c ru ci al sou rc e of reven u e for m ai n t ain in g th e C it y's t ran sp ort ati on system .

A d op tion /ap p roval of the at tac h ed rep orts w il l con form to th e exp end iture p l ans of M easu re I , and en su re c ont in ued M easure I fu n d i n g of ap p roxim ately $1 .3 m il li on an nu ally t o th e C ity of Up lan d .

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 for 5-Year C IP
Exhibit A for 5-Year C IP
Exhibit B for 5-Year C I P
Resolution for 5-Year C P NA
Exhibit C - C P NA for Foothill Blvd
Exhibit D - C P NA for Arrow Hwy
Exhibit E - C P NA for I-10 & Euclid
Exhibit F - C P NA for I-10 & M onte Vista

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, STATE OF CALIFORNIA, ADOPTING THE MEASURE I
FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2022/2023
THROUGH FY 2026/2027

WHEREAS, San Bernardino County voters approved passage of Measure I 1990- 2010 in November 1989 and renewed as Measure I 2010 -2040 in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Upland is $3,088,257.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five-Year Capital Improvement Plan, a copy of which is attached to this resolution.

Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environm ental 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 3. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. 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.

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Resolution No.

Page 2 ends

Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT "A"

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EXHIBIT “B”

CITY OF UPLAND

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2022/2023 to 2026/2027

The City of Upland’s existing road network is fairly well established.

Therefore, the City’s primary use of Measure I Funds will be for the reconstruction and maintenance of existing City streets. It is the City’s intent to design and begin construction of the project the same year the project is identified in the Five-Year Capital Improvement Plan.

________________________________________________________________________

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT
NEEDS ANALYSIS FOR FISCAL YEARS 2023/2024 THROUGH
2027/2028

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2023/2024 through 2027/2028, a copy of which is attached to this resolution.

Section 2. Certification. The City Clerk of the City of Upland shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 3. 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 4. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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Nexus Project Cost 5,900,000$ EXHIBIT "C"
Dev. Loan?No
5-Year Advance?No
Public Share:51.7%
Dev. Share:48.30%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost:$287,000.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ 287,000.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost:$1,554,543.00
Fund Type:MSI Arterial $ 432,543.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 1,122,000.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Capital Project Needs Analysis
City of Upland
Valley Arterial Sub-Program
Widen Foothill Blvd. from County
Line to Central Avenue from 2 to 6
lanes.

Current Total Project Cost
Estimate:
$5,900,000.00
Total Measure I Request:
$432,543.00
(Summation of Measure I)
Comments:

Copy of 2024-2028 CPNA Template v3 - Proj 1 Foothill Blvd

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Nexus Project Cost 2,874,000$ EXHIBIT "D"
Dev. Loan?No
5-Year Advance?No
Public Share:51.7%
Dev. Share:48.30%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost:$20,000.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - OTHER $ 20,000.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost:$150,000.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - OTHER $ 150,000.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost:$1,700,000.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ 913,220.00 DEV FEE $ 50,000.00 $ - $ - $ - $ - $ - $ 686,780.00 OTHER $ - $ - $ - $ - $ - $ - $ 50,000.00 - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Upland
Valley Arterial Sub-Program
Widen Arrow Hwy from County
Line to Central Avenue from 2 to 4
lanes
Current Total Project Cost
Estimate:
$1,870,000.00
Total Measure I Request:
$913,220.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:

Copy of 2024-2028 CPNA Template v3 - Proj 2 Arrow Hwy

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Nexus Project Cost 8,974,000$ EXHIBIT "E"
Dev. Loan?Yes
5-Year Advance?No
Public Share:51.7%
Dev. Share:48.30%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost:$936,885.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ 312,295.00 $ - $ - $ - $ - $ - $ - DEV LOAN $ 463,210.00 $ 161,380.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Upland
Valley Arterial Sub-Program
I-10 & Euclid Avenue
Current Total Project Cost
Estimate:
$936,885.00
Total Measure I Request:
$0.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:

Costs reflect SBCTA project
oversight expenses. Upland's
share is 60% and Ontario's share
is 40% of the total project
development share of 17.4%.

Copy of 2024-2028 CPNA Template v3 - Proj 3 I-10 & Euclid

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Nexus Project Cost 33,144,900$ EXHIBIT "F"
Dev. Loan?Yes
5-Year Advance?No
Public Share:51.7%
Dev. Share:48.30%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost:$0.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost:$2,107,922.00
Fund Type:MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ 702,641.00 $ - $ - $ - $ - $ - $ - DEV LOAN $ 1,405,281.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $2,107,922.00
Total Measure I Request:
$0.00
Capital Project Needs Analysis
City of Upland
Valley Arterial Sub-Program
I-10 & Monte Vista Avenue
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:

Project was added to the SBCTA
Dev. Mitigation Nexus Study on
6/7/2017 to reassign 26.5% of the

24.1% develop. share to Upland
as a transfer from the share for
the Upland Sphere of Influence.

Note: Costs reflect SBCTA
project oversight expenses. Total
Proj. Cost includes Montclair
betterment of $139,000 which is
the responsibility of Montclair.

Copy of 2024-2028 CPNA Template v3 - Proj 4 I-10 & Monte Vista

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

D A T E :A u g u st 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 : 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

A L A N F R E N C H , P R I N C I PA L E N G I N E E R

Y E S E N I A D I A Z , A S S I S TA N T E N G I N E E R S U B J E C T :A C C E P TA N C E O F P U B L I C A N D P R I V A T E I M P R O V E M E N T S F O R T R A C T 2 01 17 , G E N E R A L LY LO C A T E D O N T H E N O R T H E A S T

C O R N E R O F C A M P U S A V E N U E A N D C O LO N I E S PA R K W A Y

R E C O M M E N D E D A C T I O N
I t is rec om m en d ed that t he C i ty C oun cil accep t t h e p u b l ic im p rovem en ts constructed b y Watt C om p an ies, g en eral ly loc ated on t he north east corn er of C am p u s A venu e an d C olonies Parkway; an d ap p rove t h e red u ct ion of th e S u b d ivi si on Perform ance B on d an d Lab or an d M aterial B ond .

G O A L S T A T E M E N T
Th e p rop os ed act ion sup p orts th e C it y's g oal t o ad here to a review sched ule for th e p rocessin g of d evelop m ent p rop osals in an efficient, p rofession ally resp on sive, and cou rteous m an ner.

B A C K G R O U N D
O n J an u ary 24 , 20 18 , th e P l an n in g C om m is si on c ond it ion all y ap p roved Ten tat ive Tract M ap 20 11 7 (TT M 20 11 7) for con d om in iu m p u rp oses. Th en, at t h e J an u ary 2 8, 20 19 C ity C oun cil m eetin g , TT M 2 01 17 w as ap p roved for record in g wh ich inclu d ed con stru ction of 48 attach ed town hom e resid ential un its on a 3.0 5 g ross acre site.

Watt C om m u n it ies w as req u ired to p os t p erform an c e an d lab or and m aterials b on d s for p ub lic im p rovem en ts in th e am oun t of $25 2,0 00 an d $1 26 ,00 0, res p ec ti vely. T h ese b on d s ensured th at all the req u ired p ub lic im p rovem ents for th e p roject w ere com p leted .

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I S S U E S /A N A L Y S I S
I n conform an ce w it h the con d itions of ap p roval con tai ned i n Resol u t ion N o. 4 87 4 b y the P lann in g C om m i ss ion , Watt C om m u ni ti es h as com p l eted th e i m p rovem ent s req u ired for the d evelop m ent. Th e C i ty has in sp ect ed t h e com p leted im p rovem en ts an d fou nd th em to b e in com p lian ce with th e ap p roved p lans.

Th e C ity c an n ow acc ep t the off-sit e im p rovem en ts an d red u c e the Perform ance B on d t o 2 5%.

Th e rem ain in g 2 5% will serve as a g uarantee of th e w ork for one year. Th e rem ain in g b ond w ill b e released after the on e year term if there are n o m aterial d efects.

S im ilarly, the Lab or an d M aterial B on d s will b e released six m ont hs after th is act ion is ap p roved if th ere are n o cl aim s (e.g . b y vend ors , sub con tract ors, et c.) filed ag ainst th e p roject in accord ance w ith U p land M u nicip al C od e S ection 1 6.2 0.0 10 .

F I S C A L I M P A C T S
Th e C ity is accep ti ng ap p roxi m at ely $87 0,0 00 (see at tac h ed en g in eer's es ti m at e) in p ub lic im p rovem en ts w hich w ill b e m aintain ed b y th e C ity g oin g forw ard .

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
L ocation M ap_T M 20117
Bonds_T M 20117
Public and Private E ngineers Estimate
Subdivision Agreement Public Improvements and Bonds_T M 20117 T ract M ap 20117

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S T A F F R E P O R T
I T E M N O . 11.A .

D A T E :A u g u st 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 : 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

J U L I E H E R N A N D E Z , W E E D A B A T E M E N T C O O R D I N A TO R

J E N N I F E R B E R G , W E E D A B A T E M E N T C O O R D I N A TO R S U B J E C T :A N N U A L W E E D A B A T E M E N T P R O G R A M – A C C E P TA N C E O F Y E A R

E N D R E P O R T A N D A S S E S S M E N T 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 the C ity C oun cil hold a p ub lic hearin g , accep t the item ized cost rep ort for all weed ab atem en t assessm en ts, an d au t h orize staff t o s u b m i t to t he C ou nt y of S an B ernard ino A ssessor's office for p lacem ent on the S an B ern ard in o C ou nty p rop erty tax rolls.

G O A L S T A T E M E N T
Th e p rop osed action s up p orts th e C i ty’s g oal of red u cing fire h azard s an d i m p rovi n g h ealth and safet y b y rem oving excessive weed g rowt h and accu m u lation of t ras h and h azard ou s m aterials.

B A C K G R O U N D
O n J un e 13 , 20 22 , a p u b lic hearin g was held to exp lain th e w eed ab atem ent p rocess an d p rovid e C i ty C ou n c il w i th a li st of th e n on-com p li ant p rop ert ies, b ased on th e w eed ab atem en t i ns p ec ti on p rocess. T he C oun cil's ap p roval of this list g ave staff p erm ission to p roceed wi th th e w eed ab atem ent work on t he n on-com p liant p rop ert ies . Th e w eed ab atem en t w ork w as com p leted on twen ty-fou r (2 4) p arcel s b y the C i ty's con tract or, C S L L and scap e M an ag em ent. P reviou sly, staff w ent t o eac h of t h e tw en ty-fou r (2 4 ) p arcels, sp oke wi th m ost of th e p rop erty ow n ers an d g ave t h em a not ice (S ee E xhi b i t 2 ). T here w ere a few p rop erty ow ners t hat st aff was not ab l e t o sp eak to so t he n oti ce w as p laced on the fron t d oor kn ob . T herefore, th e final step to the ann ual weed ab atem ent p rog ram is to con d u ct a fi nal p u b lic h eari n g to accep t th e li st of p rop ert ies and ch arg es acc ru ed d urin g the w eed ab atem ent p rocess.

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I S S U E S /A N A L Y S I S
P u rsuan t to Up lan d M u nicip al C od e S ection 8.1 2.0 40 an d 8.1 2.1 50 , the C ity has the rig h t for reim b ursem ent of exp enses for rem oval of weed s, trash , etc ., and to ap p ly t h os e charg es, p lu s any ad m in is trati ve fees in the form of a sp ecial assessm ent l ien th rou g h th e S an B ernard ino C ou nty A ss ess or’s O ffice. Th e ad m i n i st rat ive fees are charg ed p er Res olu ti on N o. 6 48 0 ap p roved b y th e C ity C ou n c il on Feb ru ary 28 , 20 22 . T h i s h eari ng g ives th e ow ners of p rop erties c h arg ed wi th ab atem ent s or ad m in istrative fees, a c h an ce to refu te th ose ch arg es as p er th e att ach ed i tem ized cost rep ort . I t is n eces sary th at t h e c ost rep ort b e accep ted b y th e C i ty C ou n c il d u rin g th is s ess ion , i n ord er to com p l y with t he S an B ern ard in o C oun ty A ssessor’s d ead lin e for the sp ecial assessm en t to b e p laced on th e cu rrent year’s tax roll.

F I S C A L I M P A C T S
E xp en d itu res for t h e ann ual p rog ram are recou p ed from t h e ch arg es for insp ections, ab atem en t ch arg es an d ad m in is trati ve cos ts , w hich are p osted t o th e p rop erty ow n er’s t ax b ill as a s p ec ial lin e it em th rou g h th e C oun ty A ss ess or’s O ffice an d rep ai d to t he C it y. C it y fees ch arg ed for n on com p liance tot al $5 6 ,4 1 2 . A b atem en t charg es tot al $25 ,74 2. Th e tot al of b oth (to b e collected b y th e C ou nty an d rem i tt ed to t h e C it y) eq u als $8 2 ,1 5 4 p er t he d etailed sched ule attach ed .

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: Weed Abatement Final Cost S heet
Exhibit 2: S ample Notice to Commence Abatement

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Location Apn Abatement Cost Administrative Fee Total Due 2167 KELLY AVE, UPLAND, CA, 91784 100423139 $422.00 $422.00 1981 LOOKING GLASS WAY, UPLAND, CA, 91784 100508111 $72.00 $72.00 1983 WHITE RABBIT TRL, UPLAND, CA, 91784 100508147 $422.00 $422.00 1571 RESORT ST, UPLAND, CA, 91784 100519159 $72.00 $72.00 1626 WILSON AVE, UPLAND, CA, 91784 100542409 $422.00 $422.00 1649 LAKEWOOD AVE, UPLAND, CA, 91784 100542426 $72.00 $72.00 1621 LAKEWOOD AVE, UPLAND, CA, 91784 100542431 $72.00 $72.00 1616 ORANGEWOOD AVE, UPLAND, CA, 91784 100544130 $72.00 $72.00 1604 REDWOOD, UPLAND, CA, 91784 100544138 $72.00 $72.00 1616 REDWOOD, UPLAND, CA, 91784 100544140 $72.00 $72.00 1562 CLOVERDALE AVE, UPLAND, CA, 91786 100608132 $174.05 $442.00 $616.05 1572 HONEYDALE CT, UPLAND, CA, 91786 100608163 $72.00 $72.00 1527 FAIRWOOD WAY, UPLAND, CA, 00000 100610214 $422.00 $422.00 1251 W 15TH ST, UPLAND, CA, 91786 100611202 $422.00 $422.00 1261 W 15TH ST, UPLAND, CA, 91786 100611203 $72.00 $72.00 1576 WEDGEWOOD ST, UPLAND, CA, 91786 100612224 $72.00 $72.00 1180 KIRBY CT, UPLAND, CA, 91786 100613114 $72.00 $72.00 1132 KIRBY CT, UPLAND, CA, 91786 100613118 $422.00 $422.00 1168 CORONADO ST, UPLAND, CA, 91786 100613127 $72.00 $72.00 1169 W 15TH ST, UPLAND, CA, 91786 100613128 $72.00 $72.00 1185 O HARA CT, UPLAND, CA, 91786 100613146 $422.00 $422.00 1168 O HARA CT, UPLAND, CA, 91786 100613150 $72.00 $72.00 1529 O MALLEY AVE, UPLAND, CA, 91786 100614122 $422.00 $422.00 1558 O MALLEY AVE, UPLAND, CA, 91786 100614416 $72.00 $72.00 964 CUMBERLAND ST, UPLAND, CA, 91786 100616120 $72.00 $72.00 918 W FIFTEENTH ST, UPLAND, CA, 91786 100616212 $58.03 $422.00 $480.03 1177 COLLEEN CT, UPLAND, CA, 00000 100618122 $72.00 $72.00 1390 W 15TH ST, UPLAND, CA, 91786 100622165 $72.00 $72.00 1394 W 14TH ST, UPLAND, CA, 91786 100641147 $72.00 $72.00 1423 NOTRE DAME ST, UPLAND, CA, 91786 100641152 $72.00 $72.00 1323 DIANA CT, UPLAND, CA, 00000 100643130 $72.00 $72.00 1376 MAYWOOD AVE, UPLAND, CA, 91786 100643149 $72.00 $72.00 1361 NOTRE DAME ST, UPLAND, CA, 91786 100643152 $72.00 $72.00

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Location Apn Abatement Cost Administrative Fee Total Due 1263 DIANA CT, UPLAND, CA, 00000 100643204 $72.00 $72.00 1021 NOTRE DAME ST, UPLAND, CA, 91786 100645107 $72.00 $72.00 949 NOTRE DAME ST, UPLAND, CA, 91786 100646106 $72.00 $72.00 1094 W 13TH ST, UPLAND, CA, 91786 100647140 $422.00 $422.00 1015 SPRINGFIELD ST, UPLAND, CA, 91786 100647212 $72.00 $72.00 1051 SPRINGFIELD ST, UPLAND, CA, 91786 100647216 $422.00 $422.00 1120 W 13TH ST, UPLAND, CA, 91786 100649107 $72.00 $72.00 950 MONTE VISTA AVE, UPLAND, CA, 91786 100702111 $2,611.13 $462.00 $3,073.13 848 SILVERWOOD AVE, UPLAND, CA, 91786 100714105 $422.00 $422.00 1316 WAVERLY CT, UPLAND, CA, 00000 100714210 $72.00 $72.00 608 MAPLE WAY, UPLAND, CA, 00000 100718114 $422.00 $422.00 761 ELM WAY, UPLAND, CA, 00000 100719317 $72.00 $72.00 1088 WINN DR, UPLAND, CA, 91786 100720221 $72.00 $72.00 719 WEDGEWOOD AVE, UPLAND, CA, 91786 100721106 $72.00 $72.00 1332 ELMWOOD ST, UPLAND, CA, 91786 100722304 $348.15 $442.00 $790.15 608 MAYWOOD WAY, UPLAND, CA, 91786 100722310 $72.00 $72.00 1421 NORWOOD CT, UPLAND, CA, 00000 100723220 $422.00 $422.00 625 FAIRWOOD WAY, UPLAND, CA, 91786 100724113 $422.00 $422.00 1458 WINN DR, UPLAND, CA, 91786 100724209 $72.00 $72.00 1457 W ARROW HWY, UPLAND, CA, 00000 100724210 $72.00 $72.00 1931 W ARROW, UPLAND, CA, 91786 100728123 $72.00 $72.00 775 CENTRAL AVE, UPLAND, CA, 91786 100730104 $72.00 $72.00 318 N CENTRAL AVE, UPLAND, CA, 91786 100744101 $72.00 $72.00 361 N DRAKE AVE, UPLAND, CA, 91786 100744115 $348.15 $442.00 $790.15 322 DRAKE AVE, UPLAND, CA, 91786 100744202 $72.00 $72.00 340 DRAKE AVE, UPLAND, CA, 91786 100744203 $72.00 $72.00 400 DRAKE AVE, UPLAND, CA, 91786 100744208 $72.00 $72.00 313 HERVEY AVE, UPLAND, CA, 91786 100744223 $72.00 $72.00 462 DRAKE, UPLAND, CA, 91786 100744229 $422.00 $422.00 332 HERVEY AVE, UPLAND, CA, 91786 100744302 $72.00 $72.00 1638 W HUNTINGTON DR, UPLAND, CA, 91786 100746204 $72.00 $72.00 1484 CORTE SANTANA, UPLAND, CA, 91786 100748225 $422.00 $422.00 1418 W ARROW, UPLAND, CA, 00000 100749102 $261.12 $442.00 $703.12

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Location Apn Abatement Cost Administrative Fee Total Due 444 TYLER WAY, UPLAND, CA, 91786 100749120 $72.00 $72.00 443 TYLER WAY, UPLAND, CA, 91786 100749121 $72.00 $72.00 448 TERRY WAY, UPLAND, CA, 91786 100749126 $422.00 $422.00 1428 RANDY ST, UPLAND, CA, 91786 100749202 $72.00 $72.00 1348 RANDY ST, UPLAND, CA, 91786 100749212 $72.00 $72.00 1346 RANDY ST, UPLAND, CA, 91786 100749213 $261.12 $442.00 $703.12 979 W SEABOARD CT, UPLAND, CA, 91786 100754253 $72.00 $72.00 952 W 9TH ST, UPLAND, CA, 91786 100755105 $422.00 $422.00 906 W 9TH ST, UPLAND, CA, 91786 100755114 $422.00 $422.00 960 SHERIDAN ST, UPLAND, CA, 91786 100755313 $422.00 $422.00 184 SPENCER AVE, UPLAND, CA, 91786 100761102 $72.00 $72.00 146 LIDO WAY, UPLAND, CA, 91786 100761130 $72.00 $72.00 102 S LOMA PL, UPLAND, CA, 91786 100764201 $72.00 $72.00 1822 W 9TH ST, UPLAND, CA, 91786 100764204 $3,950.98 $462.00 $4,412.98 108 S SIERRA PL, UPLAND, CA, 91786 100764302 $422.00 $422.00 1916 W 9TH ST, UPLAND, CA, 91786 100765308 $116.05 $442.00 $558.05 28 N VISTA PL, UPLAND, CA, 91786 100765502 $72.00 $72.00 63 S LOMA PL, UPLAND, CA, 91786 100765508 $422.00 $422.00 209 S COMET AVE, UPLAND, CA, 91786 100811104 $72.00 $72.00 232 S COMET AVE, UPLAND, CA, 91786 100811204 $422.00 $422.00 914 W 8TH ST, UPLAND, CA, 91786 100811205 $72.00 $72.00 906 W 8TH ST, UPLAND, CA, 91786 100811206 $72.00 $72.00 1068 HAMPDEN CT, UPLAND, CA, 00000 100812208 $72.00 $72.00 1037 HAMPDEN CT, UPLAND, CA, 00000 100812218 $72.00 $72.00 880 KIMBERLY CT, UPLAND, CA, 91784 104328128 $72.00 $72.00 1874 REDDING, UPLAND, CA, 91784 104429125 $422.00 $422.00 835 W 18TH ST, UPLAND, CA, 91784 104430209 $422.00 $422.00 480 W 18TH ST, UPLAND, CA, 91784 104433304 $72.00 $72.00 1679 N PALM AVE, UPLAND, CA, 91784 104457403 $422.00 $422.00 1577 REDDING WAY, UPLAND, CA, 00000 104502302 $422.00 $422.00 1547 CARNATION WAY, UPLAND, CA, 00000 104504401 $72.00 $72.00 1529 SHELLEY AVE, UPLAND, CA, 91786 104507123 $72.00 $72.00 1393 E 15TH ST, UPLAND, CA, 91786 104515123 $72.00 $72.00

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Location Apn Abatement Cost Administrative Fee Total Due 1487 ALTA AVE, UPLAND, CA, 91786 104516402 $72.00 $72.00 1435 ALTA AVE, UPLAND, CA, 91786 104517701 $72.00 $72.00 1497 FERNANDO AVE, UPLAND, CA, 91786 104519145 $72.00 $72.00 1456 CARLOS WAY, UPLAND, CA, 91786 104520116 $72.00 $72.00 359 E 14TH ST, UPLAND, CA, 91786 104522209 $725.32 $442.00 $1,167.32 1448 N EUCLID AVE, UPLAND, CA, 91786 104525107 $72.00 $72.00 1453 N UKIAH WAY, UPLAND, CA, 00000 104528308 $72.00 $72.00 1428 ALBRIGHT AVE, UPLAND, CA, 91786 104530305 $72.00 $72.00 212 DAYTON ST, UPLAND, CA, 00000 104535201 $72.00 $72.00 1346 N 1ST AVE, UPLAND, CA, 00000 104536124 $72.00 $72.00 1358 N EUCLID AVE, UPLAND, CA, 91786 104536225 $72.00 $72.00 1370 N EUCLID AVE, UPLAND, CA, 91786 104536227 $72.00 $72.00 1377 N 5TH AVE, UPLAND, CA, 91786 104538105 $422.00 $422.00 1327 N 5TH AVE, UPLAND, CA, 91786 104538115 $72.00 $72.00 1329 WINSTON CT, UPLAND, CA, 00000 104538214 $72.00 $72.00 993 N EDDINGTON ST, UPLAND, CA, 91786 104541107 $72.00 $72.00 1326 CRAWFORD AVE, UPLAND, CA, 91786 104542225 $72.00 $72.00 1185 BRANTLEY CT, UPLAND, CA, 91786 104542314 $72.00 $72.00 1216 BRANTLEY CT, UPLAND, CA, 91786 104542322 $72.00 $72.00 1281 ELMER CT, UPLAND, CA, 91786 104543232 $72.00 $72.00 1463 ESTRELLITA CT, UPLAND, CA, 91786 104544307 $72.00 $72.00 1455 ANITA ST, UPLAND, CA, 91786 104546209 $72.00 $72.00 1291 ALTA AVE, UPLAND, CA, 91786 104546411 $72.00 $72.00 1191 E FOOTHILL BLVD, UPLAND, CA, 91786 104548222 $72.00 $72.00 572 E WEST ST, UPLAND, CA, 91786 104552205 $422.00 $422.00 638 E WEST ST, UPLAND, CA, 91786 104552209 $72.00 $72.00 473 E WEST, UPLAND, CA, 91786 104552302 $72.00 $72.00
367 E WEST ST, UPLAND, CA, 91786 104552308 $72.00 $72.00 381 E WEST ST, UPLAND, CA, 91786 104552312 $72.00 $72.00 422 E WEST, UPLAND, CA, 91786 104552408 $72.00 $72.00
440 E WEST ST, UPLAND, CA, 91786 104552409 $422.00 $422.00 1163 WINSTON CT, UPLAND, CA, 00000 104553120 $10,186.03 $742.00 $10,928.03 1179 5TH AVE, UPLAND, CA, 91786 104553139 $72.00 $72.00

Page 6 of 12 ends

Location Apn Abatement Cost Administrative Fee Total Due 1165 5TH AVE, UPLAND, CA, 91786 104553140 $72.00 $72.00 1294 5TH AVE, UPLAND, CA, 91786 104553208 $72.00 $72.00 689 E PINE ST, UPLAND, CA, 91786 104553214 $422.00 $422.00 563 E PINE ST, UPLAND, CA, 91786 104553220 $72.00 $72.00 1190 5TH ST, UPLAND, CA, 00000 104553304 $72.00 $72.00 1196 N EUCLID AVE, UPLAND, CA, 91786 104554103 $72.00 $72.00 1175 N 3RD AVE, UPLAND, CA, 91786 104554140 $422.00 $422.00 1182 N TULARE WAY, UPLAND, CA, 91786 104558122 $72.00 $72.00 1179 N UKIAH WAY, UPLAND, CA, 00000 104559137 $72.00 $72.00 866 SHARON WAY, UPLAND, CA, 00000 104601113 $72.00 $72.00 876 ALTURA WAY, UPLAND, CA, 91786 104601124 $72.00 $72.00 896 ALTURA WAY, UPLAND, CA, 91786 104601126 $422.00 $422.00 886 AMBER CT, UPLAND, CA, 91786 104601202 $72.00 $72.00 886 AMBER CT, UPLAND, CA, 91786 104601202 $72.00 $72.00 829 N 2ND AVE, UPLAND, CA, 91786 104606118 $72.00 $72.00 813 N 2ND AVE, UPLAND, CA, 91786 104606120 $72.00 $72.00 886 N 1ST AVE, UPLAND, CA, 00000 104606130 $58.03 $422.00 $480.03 895 N 1ST AVE, UPLAND, CA, 00000 104606140 $72.00 $72.00 865 N 1ST AVE, UPLAND, CA, 00000 104606143 $72.00 $72.00 835 N 1ST AVE, UPLAND, CA, 00000 104606146 $348.15 $442.00 $790.15 934 N EUCLID AVE, UPLAND, CA, 91786 104606162 $72.00 $72.00 838 N THIRD AVE, UPLAND, CA, 91786 104607206 $72.00 $72.00 850 N 3RD AVE, UPLAND, CA, 91786 104607207 $72.00 $72.00 876 N 3RD AVE, UPLAND, CA, 00000 104607210 $72.00 $72.00 884 N 3RD AVE, UPLAND, CA, 91786 104607211 $72.00 $72.00 896 N 3RD AVE, UPLAND, CA, 91786 104607212 $58.03 $422.00 $480.03 926 N 3RD AVE, UPLAND, CA, 91786 104607215 $290.13 $442.00 $732.13 893 N 4TH AVE, UPLAND, CA, 91786 104608112 $58.03 $422.00 $480.03 395 E 11TH ST, UPLAND, CA, 00000 104608123 $72.00 $72.00 409 E 11TH ST, UPLAND, CA, 91786 104608230 $72.00 $72.00 854 N 4TH AVE, UPLAND, CA, 91786 104608235 $261.12 $442.00 $703.12 508 E FOOTHILL BLVD, UPLAND, CA, 91786 104609101 $72.00 $72.00 544 N 8TH AVE, UPLAND, CA, 91786 104621206 $72.00 $72.00

Page 7 of 12 ends

Location Apn Abatement Cost Administrative Fee Total Due 540 E 11TH ST, UPLAND, CA, 91764 104622103 $72.00 $72.00 560 11TH ST, UPLAND, CA, 91786 104622104 $72.00 $72.00 576 W 11TH ST, UPLAND, CA, 91786 104622105 $72.00 $72.00 545 E G ST, UPLAND, CA, 00000 104622110 $72.00 $72.00
511 E G ST, UPLAND, CA, 00000 104622112 $72.00 $72.00
609 N 6TH AVE, UPLAND, CA, 91786 104622211 $422.00 $422.00 527 N 6TH AVE, UPLAND, CA, 91786 104622317 $72.00 $72.00 535 E ARROW, UPLAND, CA, 00000 104622321 $72.00 $72.00
582 N 6TH AVE, UPLAND, CA, 91786 104622407 $422.00 $422.00 587 N CAMPUS AVE, UPLAND, CA, 91786 104622410 $348.15 $442.00 $790.15 690 N 6TH AVE, UPLAND, CA, 91786 104622506 $72.00 $72.00 671 N CAMPUS AVE, UPLAND, CA, 00000 104622508 $72.00 $72.00 629 N CAMPUS AVE, UPLAND, CA, 91786 104622510 $72.00 $72.00 681 N 1ST AVE, UPLAND, CA, 91786 104626106 $72.00 $72.00 649 N 1ST AVE, UPLAND, CA, 91786 104626108 $72.00 $72.00 57 F ST, UPLAND, CA, 00000 104626112 $72.00 $72.00
640 N 2ND AVE, UPLAND, CA, 00000 104626305 $72.00 $72.00 656 N 2ND AVE, UPLAND, CA, 91786 104626306 $72.00 $72.00 755 N 1ST AVE, UPLAND, CA, 91786 104627112 $72.00 $72.00 771 N 2ND AVE, UPLAND, CA, 91786 104627211 $72.00 $72.00 732 N 2ND AVE, UPLAND, CA, 91786 104627304 $72.00 $72.00 766 N 2ND AVE, UPLAND, CA, 91786 104627307 $58.03 $422.00 $480.03 790 N 2ND AVE, UPLAND, CA, 91786 104627309 $72.00 $72.00 735 N 3RD AVE, UPLAND, CA, 91786 104627316 $72.00 $72.00 564 N LAUREL AVE, UPLAND, CA, 00000 104628205 $72.00 $72.00 662 N LAUREL AVE, UPLAND, CA, 91786 104628301 $422.00 $422.00 758 N LAUREL AVE, UPLAND, CA, 91786 104628307 $422.00 $422.00 778 N LAUREL AVE, UPLAND, CA, 91786 104628308 $422.00 $422.00 793 N EUCLID AVE, UPLAND, CA, 91786 104628310 $72.00 $72.00 446 WINN DR, UPLAND, CA, 00000 104629114 $422.00 $422.00 428 WINN DR, UPLAND, CA, 91786 104629115 $72.00 $72.00 344 WINN DR, UPLAND, CA, 91786 104629120 $422.00 $422.00 238 WINN DR, UPLAND, CA, 91786 104629126 $261.12 $442.00 $703.12

Page 8 of 12 ends

Location Apn Abatement Cost Administrative Fee Total Due 216 WINN DR, UPLAND, CA, 91786 104629127 $422.00 $422.00 614 SHASTA WAY, UPLAND, CA, 91786 104629203 $261.12 $442.00 $703.12 644 SHASTA WAY, UPLAND, CA, 91786 104629205 $72.00 $72.00 686 N TULARE WAY, UPLAND, CA, 00000 104630208 $72.00 $72.00 765 SHASTA WAY, UPLAND, CA, 00000 104630218 $72.00 $72.00 657 SHASTA WAY, UPLAND, CA, 00000 104630225 $422.00 $422.00 576 WINN DR, UPLAND, CA, 91786 104630304 $422.00 $422.00 524 WINN DR, UPLAND, CA, 91786 104630307 $72.00 $72.00 775 N VALLEJO WAY, UPLAND, CA, 91786 104631117 $261.12 $442.00 $703.12 765 N VALLEJO WAY, UPLAND, CA, 91786 104631118 $72.00 $72.00 749 N VALLEJO WAY, UPLAND, CA, 00000 104631119 $72.00 $72.00 744 N VALLEJO WAY, UPLAND, CA, 91786 104631212 $422.00 $422.00 795 N UKIAH WAY, UPLAND, CA, 00000 104631216 $72.00 $72.00 765 N UKIAH WAY, UPLAND, CA, 00000 104631218 $72.00 $72.00 735 N UKIAH WAY, UPLAND, CA, 00000 104631220 $72.00 $72.00 677 N UKIAH WAY, UPLAND, CA, 91786 104631224 $72.00 $72.00 690 WINN DR, UPLAND, CA, 00000 104631316 $422.00 $422.00 664 CAMPHOR WAY, UPLAND, CA, 91786 104632111 $422.00 $422.00 734 CAMPHOR WAY, UPLAND, CA, 00000 104632116 $422.00 $422.00 748 CAMPHOR WAY, UPLAND, CA, 91786 104632117 $422.00 $422.00 619 W VERNON DR, UPLAND, CA, 91786 104634101 $72.00 $72.00 689 W VERNON DR, UPLAND, CA, 00000 104634103 $72.00 $72.00 410 W ALPINE ST, UPLAND, CA, 91786 104634131 $422.00 $422.00 434 N 2ND AVE, UPLAND, CA, 91786 104638318 $58.03 $422.00 $480.03 423 N 6TH AVE, UPLAND, CA, 91786 104642153 $72.00 $72.00 406 N 6TH AVE, UPLAND, CA, 91786 104643104 $58.03 $422.00 $480.03 239 N CAMPUS AVE, UPLAND, CA, 91786 104643208 $58.03 $422.00 $480.03 478 N EIGHTH AVE, UPLAND, CA, 91786 104644321 $58.03 $422.00 $480.03 248 N 10TH AVE, UPLAND, CA, 91786 104645401 $72.00 $72.00 278 N 10TH AVE, UPLAND, CA, 91786 104645403 $72.00 $72.00 1487 E SALINA ST, UPLAND, CA, 91786 104649201 $58.03 $422.00 $480.03 1382 BOWEN ST, UPLAND, CA, 91786 104650149 $422.00 $422.00 1402 BOWEN ST, UPLAND, CA, 91786 104650152 $422.00 $422.00

Page 9 of 12 ends

Location Apn Abatement Cost Administrative Fee Total Due 1428 BOWEN ST, UPLAND, CA, 91786 104650155 $290.13 $442.00 $732.13 1440 BOWEN ST, UPLAND, CA, 91786 104650157 $72.00 $72.00 1458 BOWEN, UPLAND, CA, 91786 104650158 $72.00 $72.00 1361 E CHAFFEE ST, UPLAND, CA, 91786 104650179 $261.12 $442.00 $703.12 102 12TH AVE, UPLAND, CA, 91786 104653101 $72.00 $72.00 124 N 12TH AVE, UPLAND, CA, 91786 104653104 $522.23 $462.00 $984.23 172 N 12TH AVE, UPLAND, CA, 91786 104653110 $72.00 $72.00 178 N 12TH AVE, UPLAND, CA, 91786 104653111 $72.00 $72.00 910 E 9TH ST, UPLAND, CA, 91786 104654109 $422.00 $422.00 136 N 10TH AVE, UPLAND, CA, 91786 104654206 $72.00 $72.00 618 E A ST, UPLAND, CA, 91786 104656101 $422.00 $422.00 618 E 9TH ST, UPLAND, CA, 91786 104656206 $422.00 $422.00 613 E 8TH ST, UPLAND, CA, 91786 104657111 $58.03 $422.00 $480.03 105 E A ST, UPLAND, CA, 91786 104659203 $422.00 $422.00 176 S 1ST AVE, UPLAND, CA, 91786 104660204 $72.00 $72.00 185 S 2ND AVE, UPLAND, CA, 91786 104660215 $72.00 $72.00 184 S 3RD AVE, UPLAND, CA, 91786 104660403 $422.00 $422.00 164 S 3RD AVE, UPLAND, CA, 91786 104660406 $58.03 $422.00 $480.03 167 S SULTANA AVE, UPLAND, CA, 91786 104660408 $72.00 $72.00 286 EUCLID PL, UPLAND, CA, 91786 104661207 $754.33 $462.00 $1,216.33 243 W 8TH ST, UPLAND, CA, 91786 104661215 $72.00 $72.00 116 EUCLID PL, UPLAND, CA, 00000 104661310 $72.00 $72.00 380 W 9TH ST, UPLAND, CA, 91786 104662125 $72.00 $72.00 159 S VALLEJO WAY, UPLAND, CA, 91786 104664127 $72.00 $72.00 175 S VALLEJO WAY, UPLAND, CA, 00000 104664130 $422.00 $422.00 109 S SAN ANTONIO AVE, UPLAND, CA, 91786 104665105 $72.00 $72.00 119 S SAN ANTONIO AVE, UPLAND, CA, 91786 104665106 $72.00 $72.00 142 MERCER WAY, UPLAND, CA, 91786 104665109 $72.00 $72.00 824 SHERIDAN ST, UPLAND, CA, 91786 104665208 $422.00 $422.00 896 W 8TH ST, UPLAND, CA, 91786 104701101 $72.00 $72.00 876 W 8TH ST, UPLAND, CA, 91786 104701103 $72.00 $72.00 221 S SAN ANTONIO, UPLAND, CA, 91786 104701110 $422.00 $422.00 229 S SAN ANTONIO AVE, UPLAND, CA, 91786 104701111 $72.00 $72.00

Page 10 of 12 ends

Location Apn Abatement Cost Administrative Fee Total Due 323 S SAN ANTONIO AVE, UPLAND, CA, 91786 104701121 $72.00 $72.00 240 AUSTIN WAY, UPLAND, CA, 91786 104701142 $422.00 $422.00 355 AUSTIN WAY, UPLAND, CA, 91786 104701211 $72.00 $72.00 396 BIXBY WAY, UPLAND, CA, 91786 104701215 $422.00 $422.00 420 GREENFIELD CT, UPLAND, CA, 91786 104702306 $72.00 $72.00 500 W 8TH ST, UPLAND, CA, 91786 104702443 $72.00 $72.00 480 W 8TH ST, UPLAND, CA, 91786 104702444 $72.00 $72.00 393 VINE AVE, UPLAND, CA, 91786 104703110 $72.00 $72.00 394 VERDUGO WAY, UPLAND, CA, 00000 104703111 $72.00 $72.00 386 VERDUGO WAY, UPLAND, CA, 91786 104703112 $72.00 $72.00 296 S 3RD AVE, UPLAND, CA, 91786 104706401 $58.03 $422.00 $480.03 336 S 2ND AVE, UPLAND, CA, 00000 104707309 $72.00 $72.00 312 S 2ND AVE, UPLAND, CA, 91786 104707313 $72.00 $72.00 375 E 7TH ST, UPLAND, CA, 91786 104707420 $72.00 $72.00 412 E HIGHLAND CT, UPLAND, CA, 91786 104708114 $72.00 $72.00 229 S CAMPUS AVE, UPLAND, CA, 91786 104709124 $72.00 $72.00 656 RAYMOND ST, UPLAND, CA, 91786 104709143 $72.00 $72.00 672 RAYMOND ST, UPLAND, CA, 91786 104709145 $72.00 $72.00 291 S CAMPUS AVE, UPLAND, CA, 91786 104709150 $72.00 $72.00 835 OLIVE ST, UPLAND, CA, 91786 104710104 $696.30 $464.00 $1,160.30 216 S CAMPUS AVE, UPLAND, CA, 91786 104710214 $72.00 $72.00 1088 E 8TH ST, UPLAND, CA, 91786 104710309 $1,450.63 $462.00 $1,912.63 1052 E 7TH ST, UPLAND, CA, 91786 104719122 $422.00 $422.00 614 AZURE CT, UPLAND, CA, 91786 104727212 $72.00 $72.00 404 S TULARE WAY, UPLAND, CA, 00000 104727220 $72.00 $72.00 840 AZURE CT, UPLAND, CA, 00000 104729207 $422.00 $422.00 TOTALS:$25,742.14 $56,412.00 $82,154.14

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DEVELOPMENT SERVICES DEPARTMENT
Telephone (909) 931-4130
Facsimile (909) 931-4321

City of Upland
460 North Euclid Avenue, Upland, CA 91786-4732 • (909) 931-4100 • Fax (909) 931-4123 • TDD (900) 735-2929 • www.uplandca.gov DATE

PROPERTY OWNER/RESPONSIBLE PARTY OF:

Address
APN

THIS IS NOTIFICATION THAT AN ABATEMENT HAS BEEN ORDERED BY THE CITY OF UPLAND FOR REMOVAL OF VIOLATION(S) ON THE PROPERTY ADDRESS: Address

This order comes after two notifications and a hearing that took place to inform you of the nuisance or hazardous conditions on your property and the violations continue to exist.

Sometime within the next 48 hours, the abatement will take place. Should the violation be corrected when the contractor arrives than there will be a minimal contractor cost for their response time as well as administrative costs.

Should the abatement take place all additional administrative fees as well as contractor costs will be placed as a special assessment on your property taxes.

We ask that you do not interfere with the abatement process. All additional time for the contractor Weed Abatement Coordinator and any other agency involved will be added to the total due.

Thank you for your cooperation.

City of Upland
Weed Abatement Coordinator

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S T A F F R E P O R T
I T E M N O . 11.B .

D A T E :A u g u st 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

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

A N D R E F U S E S E R V I C E C H A R G E S TO B E C O L L E C T E D O N T H E TA X

R O L L

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 that th e C it y C oun cil c on d u c t a p u b l ic h eari ng , accep t t h e rep ort of d elin q u ent w ater, sewer, and refu se s ervi ce c h arg es , an d au t h orize th e d el in q u en t ch arg es to b e p laced on th e tax roll.

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
H istorically, d el in q u en t wat er, s ew er, and refuse acc ou n ts resu lt ed i n th e C i ty “writin g -off” b etw een 15 0 t o 20 0 accou nt s each year. To red uce th e q u an ti ty of writ e-offs, C it y staff, in con jun ction wi th a c oll ect ion ag en cy, att em p ted to rec over t he u np aid d eb t . H owever, for som e accou nt s, th ese col lec ti on efforts were l arg ely u n su cc ess fu l . T herefore, on J u ne 9, 2 01 4, p u rsuan t to H eal th & S afety C od e S ect ion s 5 4 7 3 an d 54 73 a, t h e C it y C ou ncil el ect ed t o have d elin q u ent ch arg es for w ater and sewer servic e col lec ted on t h e p rop ert y tax roll.

S u b seq u ently, on A p ril 1 3 , 2 0 1 5 , p u rsu an t t o H eal th & S afet y C od e S ections 5 47 3 and 5 47 3a, th e C it y C ou ncil el ect ed to h ave d elin q u ent refus e service c oll ect ed on t he tax roll as a sp ecial assessm en t. P lac in g th ese d elinq uen t ch arg es on th e p rop ert y tax roll as a sp ecial assessm en t allows th e C ity to recoup th is reven ue for services alread y p rovid ed .

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I S S U E S /A N A L Y S I S
E ach year th e C i ty p rep ares a “F inan ce O fficer's L ien S ch ed u le” of al l d elinq uen t accou nts d ue to th e C it y, for p l acem ent on th e p rop ert y tax rolls p u rsu an t to S ec ti ons 3 87 90 .1 an d 25 83 1 of th e C aliforn ia G overn m en t C od e. P u rsuan t to H ealth & S afety C od e S ection s 54 73 an d 54 73 .11 , th is w ri tt en rep ort con tains th e am ou nt of all d elinq uen t wat er, s ew er an d refu se service acc ou n ts t hat h ave b een u n p aid for a least 60 d ays an d a d escrip tion of eac h p arcel of real p rop erty with su ch an accou nt. T his year, a t otal of 45 d elin q u ent accoun ts w ere id entified .

O n J u ly 2 7 , 2 02 2, t h e C it y m ai led n ot ic es, p u rsu an t to G overnm ent C od e S ection 2 58 31 (b ), to all d elin q u ent ac cou nt hold ers and p rop ert y ow ners, ad vi si n g th em th at u nless p aym en t is received b y A u g u st 9 , 2 02 2, t h e d el in q u ent charg es will b e p l aced on the p rop ert y t ax rolls for collection. A s p art of th e p rocess, staff sch ed u led th e p u b lic hearin g reg ard ing th e m atter for th e A u g u st 8, 2 02 2 C ity C ou ncil m eetin g .

Th e total d ue on th e 45 d elin q u ent accoun ts is $3 8,3 31 .56 . A d etail of all d elinq uen t accou nts is in clud ed in t he at tac h ed F i n an ce O fficer's Lien S ch ed u le. A final list w il l b e created , after ap p lying an y p aym en ts , cred its an d oth er ad justm ents rec eived b y close of b u s in ess on A u g u st 9 , 20 22 . A l l ac cou nt s sti ll d elin q u ent after t h i s t im e w il l b e su b m it ted to the C oun ty A u d itor-C on troller's O ffice on A u g u st 1 0 , 2 02 2 in ord er to b e p laced on the C ou nt y p rop erty tax rol ls for collection . A ll am ou nts col lec ted b y the C ou n t y w ill sub seq uen tly b e rem it ted to th e C ity.

F I S C A L I M P A C T S
A s of t h e p u b l ic ati on d at e of th is rep ort, S t aff i s p resen ting 4 5 accoun ts with d elinq uen t am ou nts ou tstan d ing for wat er, s ew er, refu s e an d an ad m in istrative fee, for a t otal of $3 8,3 31 .56 . A n ad m i n i st rat ive fee of $7 9.0 0 p er accoun t (as estab li sh ed b y Resolu ti on N o. 66 58 ) h as b een ad d ed t o t he am ou nt of as ses sm ent on th e p rop ert y t o offset t h e C ity's cost, as well as th e C ou nty fee for p rocessin g sub m itted assessm ents.

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
F inance Officer's L ien Schedule

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Line Account #Parcel # Water Refuse Sewer Fees
Lien Assessment Filing Fee
(Administrative Recording Fee) Account Total
1 301-1026.48 1047-045-16-0000 9.42$ 46.73$ 34.64$ -$ 79.00$ 169.79$ 2 301-3136.94 1047-053-08-0000 961.83$ 414.26$ 458.22$ -$ 79.00$ 1,913.31$ 3 301-3456.55 1047-051-08-0000 140.85$ 63.87$ 60.37$ -$ 79.00$ 344.09$ 4 319-0681.54 1046-363-13-0000 259.36$ 33.25$ 32.66$ -$ 79.00$ 404.27$ 5 319-3130.13 1046-631-10-0000 163.71$ 194.05$ 145.48$ -$ 79.00$ 582.24$ 6 323-7090.13 1007-561-18-0000 -$ -$ 109.64$ -$ 79.00$ 188.64$ 7 323-8305.27 1046-651-04-0000 1,496.64$ -$ 931.15$ -$ 79.00$ 2,506.79$ 8 333-0151.89 1046-283-05-0000 1,778.96$ 321.48$ 372.12$ -$ 79.00$ 2,551.56$ 9 361-1300.29 1045-353-27-0000 1,776.28$ 266.76$ 308.78$ -$ 79.00$ 2,430.82$ 10 383-4159.41 1006-081-60-0000 133.29$ 42.93$ 46.51$ -$ 79.00$ 301.73$ 11 385-4464.04 1004-311-14-0000 253.78$ 114.26$ 127.67$ -$ 79.00$ 574.71$ 12 395-0615.25 1004-301-24-0000 172.07$ 90.51$ 101.94$ -$ 79.00$ 443.52$ 13 395-1876.22 1004-211-45-0000 98.01$ 23.29$ 32.66$ -$ 79.00$ 232.96$ 14 395-3026.03 1004-104-21-0000 296.54$ 62.11$ 67.30$ -$ 79.00$ 504.95$ 15 541-0863.49 1005-121-20-0000 214.21$ 41.89$ 48.49$ -$ 79.00$ 383.59$ 16 541-3309.17 1005-151-48-0000 1,289.74$ 300.61$ 421.60$ -$ 79.00$ 2,090.95$ 17 551-0001.14 1044-562-13-0000 43.08$ 53.89$ 58.39$ -$ 79.00$ 234.36$ 18 551-0805.16 1005-381-03-0000 196.15$ 63.02$ 68.29$ -$ 79.00$ 406.46$ 19 591-1859.02 1007-741-29-0000 197.53$ 55.57$ 64.32$ -$ 79.00$ 396.42$ 20 591-2150.02 1007-292-81-0000 99.88$ 26.48$ 35.62$ -$ 79.00$ 240.98$ 21 591-3132.02 1007-021-59-0000 68.16$ 28.22$ 32.66$ -$ 79.00$ 208.04$ 22 591-4557.02 1007-032-30-0000 68.16$ 17.96$ 20.78$ -$ 79.00$ 185.90$ 23 602-0226.53 1047-071-05-0000 67.53$ 46.17$ 53.44$ -$ 79.00$ 246.14$ 24 602-1331.23 1046-604-05-0000 -$ -$ 70.00$ -$ 79.00$ 149.00$ 25 602-2425.03 1046-574-69-0000 922.14$ 548.92$ 295.84$ -$ 79.00$ 1,845.90$ 26 608-1066.26 1046-403-22-0000 4,745.46$ -$ 3,421.67$ -$ 79.00$ 8,246.13$ 27 610-0101.62 1046-431-11-0000 61.99$ 76.72$ 83.14$ -$ 79.00$ 300.85$ 28 610-0116.26 1046-431-30-0000 -$ 24.28$ 17.97$ -$ 79.00$ 121.25$ 29 622-0636.25 1046-214-07-0000 445.97$ 377.43$ 392.99$ -$ 79.00$ 1,295.39$ 30 626-1376.04 1046-091-24-0000 194.48$ 61.13$ 69.27$ -$ 79.00$ 403.88$ 31 630-0896.28 1045-522-05-0000 596.48$ 51.30$ 59.38$ 56.00$ 79.00$ 842.16$ 32 636-6018.02 1044-491-29-0000 81.53$ 32.49$ 37.60$ -$ 79.00$ 230.62$ 33 636-6195.03 1044-491-55-0000 387.98$ 258.19$ 208.82$ -$ 79.00$ 933.99$ 34 638-1030.03 1044-623-16-0000 685.54$ 143.54$ 194.96$ -$ 79.00$ 1,103.04$ 35 644-0461.22 1045-221-09-0000 1,300.29$ 375.34$ 434.46$ -$ 79.00$ 2,189.09$ 36 648-0251.18 1045-162-32-0000 73.26$ 57.36$ 50.47$ -$ 79.00$ 260.09$ 37 648-0756.88 1045-161-02-0000 152.97$ 35.62$ 38.60$ -$ 79.00$ 306.19$ 38 658-0746.48 1044-521-22-0000 348.84$ 58.45$ 63.34$ -$ 79.00$ 549.63$ 39 660-0436.03 1044-632-16-0000 147.53$ 102.52$ 93.03$ -$ 79.00$ 422.08$ 40 676-9969.03 1003-031-18-0000 -$ -$ 67.85$ -$ 79.00$ 146.85$ 41 676-9984.02 1003-081-10-0000 -$ -$ 67.85$ -$ 79.00$ 146.85$ 42 902-0082.02 1007-362-14-0000 -$ 110.38$ 91.96$ -$ 79.00$ 281.34$ 43 902-1228.02 1007-731-02-0000 -$ 26.42$ -$ -$ 79.00$ 105.42$ 44 902-1231.06 1007-362-04-0000 -$ 380.07$ 275.88$ -$ 79.00$ 734.95$ 45 902-2004.04 0202-014-05-0000 -$ 95.64$ -$ -$ 79.00$ 174.64$ 19,929.64$ 5,123.11$ 9,667.81$ 56.00$ 3,555.00$ 38,331.56$ Finance Officer's Lien Schedule
Grand Totals

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Item No. 12.A

FINANCE COMMITTEE MEETING
July 27, 2022
**********

CONCLUSION/ACTION SUMMARY

1) CALL TO ORDER AND ROLL CALL

In attendance: Committee Chair Elliott, Committee Member Garcia, Treasurer Bradley, Advisory Members Moore, and Bunch. Assistant City Manager Parker, and Finance Officer Bock-Helms.

2) ORAL COMMUNICATIONS None

3) JUNE 30, 2022 PORTFOLIO REVIEW, Assistant City Manager Parker presented the June 30, 2022 Portfolio Review.

4) SALES TAX UPDATE - FIRST QUARTER OF 2022, Assistant City Manager Parker highlighted information included in HdL’s quarterly sales tax update, including strong growth in year-over-year numbers in the Building and Construction, Fuel and Service Stations and Restaurants and Hotels areas.

5) CITY MANAGER'S ADVISORY PANEL REPORT , Assistant City Manager Parker shared the results of the Advisory Panel’s July 11, 2022 presentation to Council along with the July 25, 2022 Council discussion on the item. There was much discussion surrounding Upland’s longstanding revenue shortfalls and the cuts that have taken place in the past to try to bring the City into balance. The Council recommendation and Finance Committee discussion focused on providing the residents the opportunity to consider a sales tax measure in November that would help maintain City services and protect additional services from being cut.

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Finance Committee Meeting
July 27, 2022
4:00 P M
Carnegie Building, 123 East D Street
***************

1.C A L L TO O R D E R A ND R O L L C A L L

2.O R A L C O MMUNI C AT I O NS

3.J UNE 30, 2022 P O RT F O L I O R E V I E W

4.S A L E S TA X UP D AT E - F I R S T Q UA RT E R O F 2022

5.C I T Y MA NA G E R'S A D V I S O RY PA NE L R E P O RT NOT E: A ll Agenda items and back-up materials are available for public review at the U pland P ublic Library, downstairs reference desk at 450 N orth E uclid Avenue, the C ity C lerk's O ffice at 460 N orth E uclid Avenue and the C ity website at www.uplandca.gov .

I n compliance with the A mericans with D isabilities Act, if you need special assistance to participate in this meeting, please contact the C ity C lerk's Office at 909.931.4120. N otification 48 hours prior to the meeting will enable the C ity to make reasonable arrangements to ensure accessibility to this meeting. [28 C F R

35.102-35.104 A DA Title I I ]

P O S T I N G S T A T E M E N T : O n J ul y 21, 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 a t 1 2 3 E . D St re e t (C a rn e g i e B ui l d i n g ), o n t h e b u l l e t i n b o a rd s a t 4 5 0 N . E u cl i d Ave n u e (U p l a nd P ub l i c L i b ra ry), 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 o n t he C i t y's w e b s i t e a t w w w.u p l a nd ca .g o v

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The full packet for the Finance Committee
meeting can be viewed on our website at:

https://uplandca.gov/finance-committee

You may also view the video of the meeting at:

https://uplandca.gov/council-meeting-
broadcasts

(choose the tab for “other archived meetings”
to locate the meeting video)

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

D A T E :A u g u st 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 :C O N S I D E R P L A C I N G A S A L E S TA X M E A S U R E O N T H E N O V E M B E R

B A L LOT

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 that th e C it y C oun cil t ake t he follow in g ac ti on s b y at leas t two-t hird s vote of th e C ity C oun cil:

1. A d op t a Resolu tion callin g for t he p lacem en t of a G eneral Tax M easu re - kn own as the Up lan d P ub li c S afety an d C it y S ervic es M eas ure - on t he b all ot for N ovem b er 8 , 2 02 2 G eneral M u n i ci p al E lec ti on for th e su b m is si on t o th e q u ali fied voters of an ord in ance to enact a g eneral tran sactions and use tax (sales tax) at th e rate of one cent (1¢).

2. A d op t a Resolut ion req uesting th e B oard of S u p ervi sors of t h e C ou n ty of S an B ernard ino to consoli d at e a G en eral M u n i ci p al E lect ion to b e h eld on N ovem b er 8 , 2 02 2 wi th the S tatewid e G en eral E l ect ion to b e h el d on th at d ate p ursu ant to §10 40 3 of the E lection s C od e.

3. A d op t a Resol ut ion p rovi d i n g for th e fi li ng of p rim ary an d reb ut tal arg u m en ts an d settin g ru les for th e filing of writ ten arg u m en ts reg ard in g a city m eas u re t o b e su b m it ted at the N ovem b er 8 , 20 22 G eneral M un icip al E lection .

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 of b eing fiscally resp onsib le.

B A C K G R O U N D
O n J u ly 11 , 20 22 , t he C h air and C o-C h air of the C i ty M an ag er’s A d visory Pan el g ave a p resen tation to t h e C it y C oun cil an d p rovi d ed rec om m en d ati on s for ad d in g reven u e an d cu ttin g cos ts in ord er to im p rove th e C ity’s fi n an ci al p osi ti on. Foll ow in g t he p resentation M ayor V elt o asked t h at an ag en d a it em b e p lac ed on t h e follow in g C it y C oun cil ag en d a so the C ou ncil w ould h ave tim e to th oug htfully consid er the Pan el’s recom m end ations.

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For over th ree d ecad es th e C it y of U p land h as taken m an y ac ti on s aim ed at m ai n t ain in g the G eneral F u nd and t he services for resid ents th at it p rovid es. W h ile U p l and resid ents enjoy the local q u ality of life our com m un ity p rovid es, the C ity’s b ed room com m u nity statu s keep s it at a fin an c ial d efic it com p ared with oth er nei g h b orin g cities w ho h ave m ore rob ust com m ercial d evelop m ent.

Th e fin an c ial i m p act s to t h e C i ty have c h an g ed over the years, b u t one c om m on th read exists – contin ued action s of the S tat e th at h ave red uced an d lim ited C ity reven ues. Th e Up lan d 20 01 F in anc ial Workout P lan id entified th e S tat e’s reallocat ion of p rop ert y t ax reven ue to the E d u cation al Relief A ug m en tat ion F u nd as c ost in g U p l an d $1 6 m il li on i n t h e 1 9 9 0 ’s . T he Up lan d 2 01 3 F iscal C on d ition Rep ort was written on th e h eels of t he S tate t akin g aw ay the C ity’s Red evelop m en t A g ency an d , th ereb y m illions of d ollars in an nu al red evelop m en t fun d ing . Th e C ity c ont in ues to d eal w i th a long list of un fun d ed m an d at es from t h e S tate, m ost notab ly recen t req uirem ents for ad d ition al tracking an d rep ortin g in the Police D ep artm ent.

C u rrent c h al len g es to t h e C it y b u d g et inclu d e recen t increased servic e cos ts d u e to im p acts of C O V I D an d inflationary p ressures. T hose ch alleng es com b in e w ith em p loyee staffin g an d com p en sation is su es, cau si ng h ig her turnover of em p l oyees and the l ost b enefi t of the in stitution al kn ow led g e an d training d ollars that w ere invested in th em .

B eg in ning i n t he 1 99 0’s, t h e C it y C ou ncil h as p roacti vely “kep t it s finan cial h ouse i n ord er” b y red ucin g sp end in g to level s consisten t w it h reven ue p roject ion s. M an y C it y s ervi ces have b een ou t sou rc ed , m ajor cuts h ave b een m ad e, an d em p loyee con ces si on s h ave b een rep eated ly req u es ted . W hile th at m eth od ol og y h as allowed t h e C it y to m ai n t ain it s curren t fin ances, i t h as n ot all ow ed U p lan d to m ake su fficien t i n ves tm en t s in t he areas ou r resid ents have exp ress ed a st ron g d esire: M ai nt ain in g local s treets and al leys and rep ai ri ng p otholes, p rovid in g q uick resp onses to 9-1 -1 em erg encies, and ad d ressing hom elessn ess.

Recog nizing th e need to s eek p u b l ic inp ut and g u id ance on h ow to b est ad d res s th ese ch alleng es g oin g forw ard , a C ity M an ag er’s A d vi sory Pan el (A d visory Panel) con si st in g of local com m u nity lead ers wi th d eep ti es to t he C i ty of U p l an d ’s local b usin ess an d ci vic com m u nity w as conven ed . T he A d visory Panel w as p rovid ed w ith the following d ocum ents:

F inan cial D ocum ents, inclu d ing b u d g et, an nu al c om p reh en s ive fi n an ci al rep ort, reserve p olicy, and p en sion fu nd in g p olicy.

C u rrent Reven u e M aterial s, in clud in g p rop ert y t ax d ollar b reakd ow n , tax sh are d istrib u tion, revenu e history, sales tax tren d s, and a reg ion al sales tax rate m ap .

E xp en ses D iscu ssion M aterials in clud in g a 2 02 2 U p land Police O fficer A ssociation S tud y.

Referen ce M at eri als i n c lu d i n g a p oli ce d ep artm ent m on t h l y rep ort, C it y in frastructu re and p u b l ic w orks staffing referen c es, p u b lic facilities ad d ed to C ity i n frast ru ct u re from 20 13 -20 21 and a 20 19 G ran d J ury C om p lian t.

P reviou s E valu ati on s in clud in g a su m m ary of p ast ac ti on s , C ity st aff p osit ion s ab olish ed or d ow n g rad ed , a 2 00 1 F i nan ci al Workout P lan , a 2 01 3 F i sc al Tas k Force F iscal C on d ition Rep ort an d ad d it ion al rep ort s an d recom m en d at ion s alon g w it h th e 2 01 3 F iscal I m p act Task Forc e M em o to C ou nc il on 1 /10 /14 , an d t h e 20 16 F in anc ial S ustainab ilit y P lan S taff Rep ort.

A d visory Panel m em b ers are all volu nteers, b oth resid en ts an d local b u siness ow ners, servin g w ithou t com p en sat ion . I n Feb ruary 20 22 , th e C ity M an ag er ap p oin ted eig ht (8) m em b ers to th e A d visory Pan el, and req uested it s m em b ers rep ort t o the C it y C ou n c il at th e con cl u s ion of th eir s ervi ce. E ach A d vis ory Pan el m em b er was as ked t o review t h e d ocu m en ts p rovid ed an d b rin g a u niq u e and fresh p ersp ective to the fiscal challen g es faced b y the C ity.

Th e A d visory Pan el p rovid ed several recom m en d ation s for in creasing C ity revenu es an d un anim ou sly recom m en d ed p lac in g a one cen t (1¢) s ales tax m easure on an up com in g election an d allowing th e voters of U p land to d ecid e the ou tcom e.

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Th e C it y h as con d u ct ed p u b l ic su rveys of th e c om m u n it y’s p riorit ies an d recom m en d ation s and ad vert ised th ese surveys on soc ial m ed ia, th e C ity w eb sit e, u ti li ty b ill in serts, an d the Up lan d Tod ay m ag azin e to en c ou rag e resid en t p articip at ion . T he su rvey req u es ted resid ents p rioritize C ity services for fu n d in g . Th e su rvey resu lt s s howed th at resi d en ts st ron g l y favored fun d ing p ub lic safet y an d p u b l ic in frastructu re, sp ecifically t he p avi ng of st reet s an d alleys.

A d d itionally, staff h as m et with com m un ity g rou p s to review th e survey resu lts and there h as b een g en eral con sen su s that th ese p riorities are an accu rate reflection of th e com m u nity.

O n J uly 25 , 20 22 th e M ayor and C i ty C ou n ci l d is cu ss ed t h e recom m en d at ion s of t h e A d visory Panel an d d irect ed staff to b rin g forth a resolu tion p lacing a on e cent (1¢) t ran sacti ons an d use (sales) tax m easure on the N ovem b er 8, 2 02 2 G en eral M u nicip al E lection.

I S S U E S /A N A L Y S I S
Th e p lac em en t of a s ales an d u s e tax m easu re on an elect ion b allot req uires a 2/3 affirm ative vote of the C ity C ou ncil and req uires a resolu tion of the C oun cil b e ad op ted p rior to A ug ust 12 , 20 22 , for a m easu re to ap p ear on th e N ovem b er 8 , 20 22 , b allot.

A d d itional sales t ax reven ue wou ld h ave a su b stan tial p ositive im p act on th e C i ty’s ab i li ty to red uce c ri m e; i m p rove 9 -1-1 resp on s e, enh anc e p rog ram s t o red uce d rug an d g ang activity; m aintain st reet s an d al leys ; keep p ub li c areas safe an d c lean , an d att rac t and retain local b u sinesses and job s.

F I S C A L I M P A C T S
A b al lot m easure on th e N ovem b er 2 02 2 G en eral M u n ic ip al E lect ion is es ti m at ed t o cost $2 5,0 00 and is in cl ud ed i n t h e C ity C lerk’s F Y 2 2-2 3 op erat in g b u d g et . A s a g en eral t ax, the new reven u e wou ld b e d ep osi ted in th e G en eral F u nd an d c ons id ered g en eral t ax reven ue. T he p roceed s w oul d b e au d i ted as p art of th e C ity’s an n u al au d it alon g wi th t h e rest of t he C ity’s fun d s. A on e cent tran s act ion s and u s e tax is est im ated t o p rod u ce ap p roxim ately $16 m illion ann ually.

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 calling for the placement of a tax measure on the ballot Resolution requesting consolidation with the statewide election Resolution providing for the filing of arguments and rebuttals

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RESOLUTION NO. ____

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

CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX
MEASURE — KNOWN AS THE UPLAND PUBLIC SAFETY AND CITY
SERVICES MEASURE — ON THE BALLOT FOR THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE

QUALIFIED VOTERS OF AN ORDINANCE TO ENACT A GENERAL

TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢)

WHEREAS, Upland desires to keep the city safe, clean, and well-maintained, to help protect local property values and keep Upland a special place to live; and

WHEREAS, the City Council of the City of Upland (“City”) is authorized to levy a Transactions and Use Tax (“sales tax”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIII C, section 2 of the California Constitution (“Proposition 218”); and

WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and

WHEREAS, the City Council would like to submit to the voters at the November 8, 2022 General Municipal Election a measure enacting a general sales tax at a rate of one cent (1¢) on the sale and/or use of all tangible personal property sold at retail in the City until it is ended by voters, as more specifically set forth in the attached proposed ordinance adding Chapter 3.06 to Title 3 of the City’s Municipal Code; and

WHEREAS, the one cent (1¢) sales tax is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for important general City services; and

WHEREAS, the locally controlled funding this measure would provide is needed to keep up with basic repairs and maintenance to public facilities, water infrastructure, storm drains, streets, and sidewalks, which will be a lot more expensive to repair in the future if not addressed now, and

WHEREAS, this measure will provide additional general funding that could be used to increase the number of police officers to respond to local 9-1-1 emergency calls; and

WHEREAS, the measure as written provides strict accountability requirements including independent citizen oversight, annual audits, and public disclosure of how all funds are spent, and

WHEREAS, without this measure, Upland will not have the local funds to address basic local services that residents have indicated are important, including maintaining local streets and alleys, repairing potholes, providing quick responses to 9-1-1 emergencies, reducing gang activity and drug-related crimes, providing police

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services including neighborhood police patrols and crime investigations, maintaining parks, cleaning up piles of trash and litter that people dump along streets, sidewalks, and in public areas, and addressing homelessness, and

WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and

WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIII C, § 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and

WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 8, 2022; and

WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”) and Revenue and Taxation Code section 7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 8, 2022 ballot; and

WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the general sales tax are described and provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.

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

Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

Section 2. Submission of Ballot Measure. Pursuant to California Elections Code section 9222, Government Code section 53724, Revenue and Taxation Code section 7285.9 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 8, 2022.

Section 3. The City Council, pursuant to California Elections Code section 9222, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 8, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

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“Upland Public Safety and City Services Measure

To maintain and prevent cuts to City of Upland services, such as 9-1-1 emergency response, police staff, patrols and public safety, gang and crime prevention programs, addressing
homelessness, and maintenance of streets, sidewalks, parks and infrastructure, shall the measure establishing a 1¢ sales tax be adopted, providing approximately $16,000,000
annually for general city services until ended by voters, with citizen oversight, independent financial audits and disclosure, and money controlled locally?”
YES
NO

Section 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure. The City Council directs that arguments for and against the measure may be filed in accordance with applicable law, and that neither City Council as a body or any individual member of Council is directed to file a written argument or any rebuttal argument for or against the measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure _____. If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at (909) 931-4120 and a copy will be mailed at no cost to you.”

Section 6. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide. A statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

Section 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 8, 2022, file

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with the Board of Supervisors and the County Clerk – Registrar of Voters of the County of San Bernardino, State of California, a certified copy of this Resolution.

Section 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

Section 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

Section 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

Section 12. This Resolution shall become effective upon its adoption.

Section 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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Exhibit “A”
Transactions and Use Tax Ordinance

[attached behind this page]

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ORDINANCE NO. ____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF
UPLAND, CALIFORNIA, ADDING CHAPTER 3.06 TO
TITLE 3 OF THE UPLAND MUNICIPAL CODE TO
ENACT A ONE-CENT (1¢) GENERAL TRANSACTIONS

AND USE TAX (SALES TAX) TO BE ADMINISTERED

BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION

WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Upland (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and

WHEREAS, the People of the City desire to levy a Transactions and Use Tax for general purposes until repealed to fund important general City services, at a rate of one cent (1¢); and

WHEREAS, if approved by the City Council and Upland voters, the Transactions and Use Tax Ordinance will be incorporated into Chapter 3.06 of Title 3 of the Upland Municipal Code.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF UPLAND DO
HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the Upland Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on August 2, 2022.

Section 3. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Upland voting at the General Municipal Election of November 8, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

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I hereby certify that the Upland Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Upland on the 8th day of November, 2022.

CITY OF UPLAND

BILL VELTO, MAYOR

ATTEST:

_________________________________

KERI JOHNSON, CITY CLERK

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Chapter 3.06 – TRANSACTIONS AND USE TAX

Sections:

3.06.010 - Purpose.

3.06.020 - Contract With State.

3.06.030 - Transactions Tax Rate.

3.06.040 - Place of Sale.

3.06.050 - Use Tax Rate.

3.06.060 - Adoption of Provisions of State Law.

3.06.070 - Limitations on Adoption of State Law and Collection of Use Taxes.

3.06.080 - Permit Not Required.

3.06.090 - Exemptions and Exclusions.

3.06.100 - Amendments.

3.06.110 - Enjoining Collection Forbidden.

3.06.120 - Duration of Tax

Sections:

3.06.010 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time,

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minimize the burden of record-keeping upon persons subject to taxation under the provisions of this ordinance.

3.06.020 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.06.030- Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.06.040 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.06.050 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.06.060 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

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3.06.070 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other

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pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.06.080 - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.06.090 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

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4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any

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representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.06.100 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.06.110 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.06.120 – Duration of Tax.

The tax imposed by this chapter shall continue until this ordinance is repealed.

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RESOLUTION ____

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

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE

WHEREAS, on August 8, 2022, the City Council of the City of Upland adopted Resolution No. ____, calling a General Municipal Election to be held on November 8, 2022; for the purpose of submitting to the voters the question relating to the Transactions and Use Tax; and

WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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

Section 1. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters the following question relating to the Transactions and Use Tax.

Section 2. Measure Language. A measure is to appear on the ballot as follows:

“Upland Public Safety and City Services Measure

To maintain and prevent cuts to City of Upland services, such as 9-1-1 emergency response, police staff, patrols and public safety, gang and crime prevention programs,
addressing homelessness, and maintenance of streets,
sidewalks, parks and infrastructure, shall the measure
establishing a 1¢ sales tax be adopted, providing
approximately $16,000,000 annually for general city
services until ended by voters, with citizen oversight, independent financial audits and disclosure, and money
controlled locally?”

Yes

No

Section 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be

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Resolution No.

Page 2 ends

used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

Section 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

Section 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

The City Manager of the City of Upland is authorized and directed to pay for the expenses incurred after receiving a statement from the County of San Bernardino.

Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of San Bernardino.

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED and ADOPTED this 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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RESOLUTION NO.

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

CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF

WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE
SUBMITTED AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL

ELECTION
WHEREAS, a General Municipal Election is to be held in the City of Upland, California on November 8, 2022, at which there will be submitted to the voters the following measure:
“Upland Public Safety and City Services Measure
To maintain and prevent cuts to City of Upland services, such as 9-1-1 emergency response, police staff, patrols and public safety, gang and crime prevention programs,
addressing homelessness, and maintenance of streets,
sidewalks, parks and infrastructure, shall the measure
establishing a 1¢ sales tax be adopted, providing
approximately $16,000,000 annually for general city
services until ended by voters, with citizen oversight, independent financial audits and disclosure, and money
controlled locally?”
Yes
No
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. Primary Arguments. That the City Council directs that arguments for and against the measure may be filed in accordance with applicable law, and that neither City Council as a body or any individual member of Council is directed to file a written argument or any rebuttal argument for or against the measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk.

The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be Monday, August 22, 2022, at 12:00 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to

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Resolution No.

Page 2 ends

the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Thursday, August 25, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut.

Section 3. Prior Resolutions. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed.

Section 4. November 8, 2022 Election. That the provisions of Sections 1 and 2 shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

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.

PASSED, APPROVED and ADOPTED this 8th day of August, 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 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 20 of 20 ends

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

D A T E :A u g u st 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 : 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 :E S TA B L I S H 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 N D A P P O I N T

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 rec om m en d ed th at t he C it y C oun cil es tab li sh an ad h oc com m ittee and ap p oin t two m em b ers of t he C ou n c il to th e C om m it tee to serve as th e P lan ni ng C om m is si on er in terview p an el.

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 he C i ty's g oal for p rom oting p ol ic ies an d p rog ram s t hat are in th e b est interest of the p ub lic.

B A C K G R O U N D
O n J u ly 25 , 20 22 t he C i ty C oun cil revi ew ed op tions p resent ed b y the C ity A tt orn ey reg ard in g im p lem en ting an ap p oi nt m en t p roc ess for P lann in g C om m issioners. At th at t im e th e C oun cil d irected staff to m ove forward with "O p tion 1."

Th is op tion p rovid es that at t he t im e of any vacancy on the P lan ning C om m ission , th e C ity C ou ncil m ay estab lish an ad h oc in terview p an el wh ich shall consist solely of th e M ayor (or his d esig nated C oun cil al tern at e) an d t he M ayor P ro Tem (or th e M ayor’s or M ayor P ro Tem ’s d esig nated alt ern ate) [or as an al tern at ive, b y t he M ayor an d an y ot her C ou n ci l M em b er selected b y th e C oun cil]. T he ad h oc c om m it tee s h al l b e d isb an d ed on c e it h as m ad e its recom m end ation to th e M ayor on selection of a cand id ate.

Th e P l ann in g C om m ission C h air (or alt ern ate C om m is si on er selected b y th e M ayor if th e C hair seeks reap p oi n t m en t) and D evelop m ent S ervices D irect or sh all b e ad visors to th e ad h oc in terview p anel, b u t shall n either sit as voting m em b ers on th e p an el n or p articip ate in an y

Page 1 of 2 ends

voting or c an d id ate ratin g syst em ot h er than if i t m erely consti tu tes ad vi ce to t he ad h oc com m ittee.

I S S U E S /A N A L Y S I S
B ased on t he C oun cil's d i rec ti on at th e J u l y 25 , 20 22 C it y C ou nc il m eetin g , th e C ity Attorney has p rep ared a Resol u t ion revis in g the p olicies an d p roced ures rel ati ve t o t h e estab lish m en t and op erati on of th e P lan ning C om m i ss ion . T h at Res olu ti on is on th e C on sen t C alend ar p ortion of t h e A u g u st 8, 2 02 2 ag en d a. Pen d i n g ad op tion of th e Resolu tion, t he C ou n ci l m ay th en m ove forw ard w i th es tab li sh in g an ad h oc c om m it tee and ap p oint in g two m em b ers of the C ou ncil t o th e c om m it tee t o serve on th e in terview p an el. T h e ad h oc com m i tt ee sh all b e d isb and ed on ce it h as m ad e its recom m end ation to th e M ayor on selection of a cand id ate.

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
No Attachments Available

Page 2 of 2 ends

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

D A T E :A u g u st 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 : 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

A L A N F R E N C H , P R I N C I PA L E N G I N E E R S U B J E C T :P R O F E S S I O N A L S E R V I C E S A G R E E M E N T TO P R E PA R E T H E

S I D E W A L K M A S T E R P L A N

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 t h at the C it y C ou nc il aw ard a p rofessional servic e ag reem en t w ith I n frastructu re M an ag em ent S ervices, L P (I M S ) for the d ata collection , an alysis, an d p rep aration of th e S id ewalk M aster P lan in th e am ou nt of $44 0,5 50 ; ap p rove an ad d ition al allocation of A R PA fu nd in g in the am oun t of $26 0,5 50 for a total allocation of $4 40 ,55 0; an d authorize th e C it y M an ag er t o execute th e ag reem ent an d an y fu tu re am en d m en ts with in the C ity M anag er's au th ority.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p orts th e C i ty g oal to p rovi d e safe i n frast ru ct u re th rou g h efficien t m aintenan ce, p lan ning and im p lem en tation of w ork.

B A C K G R O U N D
O n M arch 1 1, 2 02 1, th e A m eric an Rescu e P lan A ct , also kn ow n as "A R PA ", was s ig n ed in to law. Th e C oronaviru s S tate and L ocal F iscal Recovery F un d s ("S L F R F ") p rog ram .

Th e C oron aviru s S t ate an d L ocal F is cal Recovery F u n d s ("S L F R F ") fed eral st im ul us p rog ram ad m in istered b y t h e U S Treas u ry al loc ates $1.9 t ri ll ion t o h elp stat e an d local g overnm ents resp on d to th e econ om ic an d p ub lic h ealth im p act s of C O V I D -19 . U n d er th e law, each local g overnm ent ag ency n ati onwi d e rec eives an all ocat ion of A R PA fu nd s, b as ed on a form ul a. T he C ity's share is $1 5.2 m illion .

Page 1 of 50 ends

O n J ul y 2 6, 2 02 1, th e C i ty C ou n ci l ap p roved p roceed in g w it h fou r m aster p l ann in g p rojects usin g $8 05 ,00 0 of A R PA fun d ing . T h e p rojec ts in clud ed a si d ewal k in vent ory an d rep air m aster p lan ap p roved with a b u d g et of $18 0,0 00 . Th e m aster p lan wou ld p rovid e an in ventory of cu rren t c on d it ion s, id en t ify fut ure i m p rovem ent p rojects, estim ate p roject costs/b u d g ets, and p rioritize p rojects for th e future.

I S S U E S /A N A L Y S I S
O n J u ne 15 , 2 02 2, th e C ity p osted a req u est for p rop osal (R F P ) for the S id ewalk M aster P lan on th e C it y web si te an d s en t i t to local firm s. T he scop e of t h i s w ork in cl u d es p erform in g a com p lete c it yw id e inven tory an d as ses sm ent of t h e C ity s id ew alk net w ork resulting in a w eb - b ased G I S ap p lication d atab ase of th e C ity’s sid ewalk n etwork. Th is will id en tify the location and con d itions sid ewalks, id en tify non -com p lian t A D A ram p s an d p rovid e cap ab ilities to p rocess an d an alyz e t he record ed d ate an d actively m an ag e, t rac k an d u p d ate ong oin g sid ewalk and cu rb ram p m ain ten ance p rog ram s and con d itions.

Th e scop e for th e w ork inclu d es th e follow in g :

E stab lish a com p uter-b ased d ata collection system to collect contin uou s sid ew alk an d cu rb ram p service d ata
Perform d ata collection for sid ew alk an d curb ram p in ventory P rovid e Q uality A ssu ran ce an d Q u ality C ontrol for the d ata collected Perform A n alysis an d P rep are a Rep ort of t h e curren t and l on g -term sid ew alk m an ag em ent g oals an d d evelop b est sid ew alk m anag em en t strateg ies and p ractices

Th e C i ty su b m itted p rop os als t o fou r firm s an d p osted th e R F P on it s w eb si te. T h e creat ion of sid ewalk m as ter p lan s is a h ig h l y s p ec ial ized fiel d w it h lim ited ven d ors wh o are stretched thin w ith increased d em an d d ue to fed eral fu nd s b ein g lib erally d istrib uted curren tly. Th e C ity received q u estion s from three firm s. D urin g the req u est for inform ation (R F I ) p eriod of the R F P, two cont ractors i nq ui red ab ou t t h e orig inal b u d g et of $18 0,0 00 an d in form ed t h e C ity th at d ata collection alon e cou ld b e u p to $2 00 ,00 0. T he C ity received only one p rop osal b y th e d ead lin e on J uly 7 , 2 02 2. T he p rop osal w as review ed , and the w ork p rop osed w as com p ared t o t he scop e d esc ri b ed i n th e R F P an d wou ld inclu d e p rovi d i n g an inven tory of cu rrent cond it ion s; id en t it y future i m p rovem ent p rojec ts ; est im ate p roject s costs/b ud g ets; and p riorit ize p roject s for t he fu tu re. Th e b i d am ou nt is con si st en t as d i scussed w it h oth er con su ltants fam iliar w ith this typ e of p roject.

Th e C ity’s orig inal estim ate of cost w as m ad e b ased on b id results from a p reviou s stu d y com p leted at anot her C it y in t he last t h ree years. S taff ad d ed t o t h i s R F P a req u es t for A D A- accessib le sid ew alk ram p s d ata. T h at in form ation wou ld n orm ally b e an elem en t of an A D A transition p l an and n ot i n c lu d ed i n a si d ew al k m ast er p lan. O ver $50 ,00 0 of th e p rop osed fee relates to A D A ram p extract ion , an al ysi s and syn cing w it h G I S . A d d i ti on al ly, t h i s p rop osal d iffers from th e b id t hat t h e cos t est im ate was d erived from i n th at th e p rop oser i s u s in g a m ob ile L i D A R U nit that d isp erses on e m illion laser p oin ts and 25 0 scan lines a second to create a sp at ially ac cu rat e 3 D i m ag e. T he S id ew alk S urface Test er (S S T ) b ein g utilized em p loys t he N O M A D T M d ata col lecti on softw are t h at i nt eg rates the s u rvey inven tory (G I S ), filed m ap s, G P S, an d field d at a collection p rotocols i n t o a sin g le p lat form . A fi n al d ifferen ce b etw een th is p rop osal and t h e b id t h at led t o th e c ost est im ate w as t he req u es t for a rep ort th at w ou ld l ay ou t th e curren t and long -term s id ew alk m an ag em en t g oals an d d evelop b est sid ewalk m an ag em ent strateg ies an d p ractices.

O ne op tional cost inclu d ed in th e p rop osal that staff is recom m end in g b e in clud ed in the ag reem en t i s $3 5,5 30 to in clud e an in vent ory and d at ab as e of al l existi ng si g n s (w het her they are in form ati on al , reg ul atory or n ei g h b orh ood si g n s). S t aff w oul d u p d ate th e d at ab ase as existing si g n s are rep l aced or n ew ones are ad d ed . Th is w ou l d all ow P u b l ic W orks to b e aw are of th e location, an d g oin g forw ard , th e ag e of every sig n in th e C ity.

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F I S C A L I M P A C T S
C ity C oun cil p reviously ap p rop riat ed $18 0,0 00 to p rep are a S id ew alk M ast er P lan w it h A R PA fun d s. A b u d g et ad ju st m en t an d ad d it ion al allocation of $2 60 ,55 0 from F u nd 2 2 9 (A R PA ) is b eing req uested in con jun ction w ith this ag end a item .

A L T E R N A T I V E S

1. Award th e p rofess ion al services ag reem en t i n th e am ou n t of $4 0 5 ,0 2 0 , exclu d i ng the op tion al s ig n d atab ase, an d ap p rove an ad d it ion al allocation of A R PA fu n d i n g i n t h e am ou nt of $2 25 ,02 0.

2. Rejec t th e p rop osal recei ved an d reop en t h e Req u est For P rop osal wh ile ap p rovin g an ad d ition al A R PA allocation of $2 20 ,00 0 .

3. Reject t h e p rop osal received an d reop en t he Req u es t For P rop osal w it hou t t h e A D A- accessib le sid ew alk ram p d ata req uest an d ad d an ad d ition al A R PA allocation of $1 70 ,00 0.

4. Rejec t th e p rop osal rec eived an d d eterm in e th at a S id ew alk M ast er P lan is n ot a cost effective op tion at th is tim e.

AT TAC HM E NT S :

Description
IM S S idewalk Proposal
Professional S ervices Agreement

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IMS Infrastructure Management Services, LP 1

Request for Qualifications (RFQ) for
2022 City Sidewalk Master Plan

July 7, 2022

City of Upland
460 N Euclid Avenue
Upland, California, 91786
www.imsanalysis.com

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IMS Infrastructure Management Services, LP i
July 7, 2022

City of Upland
460 N Euclid Avenue
Upland, California 91786

Dear Selection Committee,
IMS Infrastructure Management Services LP is pleased to submit our qualifications to perform a condition assessment survey of approximately 343 miles of sidewalks for the City of Upland, California.

IMS is an industry-leading provider of infrastructure asset management related services, including network-level sidewalk and ramp inventories that support lifecycle asset management initiatives. We have successfully performed similar services for clients such as Volusia County, FL; Atlanta, GA; and Fort Worth, TX; as well as many other agencies across the United States. We believe our experience providing sidewalk assessment services, using a variety of innovative approaches, will meet the expectations of the City staff.

The approaches we propose are centered on four principles:
• Commitment to work closely with City staff to ensure that all project goals are met via the most cost-effective assessment and management methodology. • Quality supported by our track record – We are consultants to many city and local agencies as well as large scale transportation departments with complex networks. • Experience and expertise – Over the past 37 years, we have conducted sidewalk, pavement, and asset inventories and condition surveys for hundreds of agencies. • Return on investment – We understand that the goal of managing a sidewalk and ramp inventory is to assist with confirming City assets and understanding their condition to plan for and justify necessary funding.

We are proud to team with our longtime partners, Engineering Mapping Solutions, Inc. (EMS) and ArenaCAD. IMS has regularly teamed with EMS and ArenaCAD on sidewalk and asset inventory projects, using the same project workflow as proposed for this project. The City will have a project team that has collaborated on hundreds of asset inventory projects together as partners.

The official contact person for any questions regarding our submission is my colleague Mr. Jim Tourek, who serves as our Client Services Manager for the State of California. Jim may be contacted by phone at (469) 626-7842 or by email at [email protected].

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS REQUEST FOR QUALIFICATIONS AND

ACKNOWLEDGE RECEIPT OF ALL ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

Best regards,
IMS Infrastructure Management Services, LP

Kurt Keifer, PhD, PE
President | Principal Engineer
[email protected] | (737) 900-6676

IMS Infrastructure Management Services, LP
8380 South Kyrene Road, Suite 101
Tempe, AZ 85284
Phone: (480) 839-4347
www.imsanalysis.com

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP
Table of Contents
Proposer’s Background ........................................................................................................................ 1 Engineering Mapping Solutions, Inc. (EMS) .............................................................................................. 3 ArenaCAD .................................................................................................................................................. 3 Project Approach ................................................................................................................................. 4 Project Understanding/Vision for the Project .......................................................................................... 4 IMS Project Methodology ......................................................................................................................... 5 Project Kickoff ........................................................................................................................................... 5 Develop GIS Inventory .............................................................................................................................. 6 Sidewalk Condition Survey ........................................................................................................................ 7 Sidewalk Ramp Collection ......................................................................................................................... 8 Optional Service: Street Sign Inventory ................................................................................................ 8 Data Processing ......................................................................................................................................... 9 Sidewalk Distresses ............................................................................................................................... 9 Ramps .................................................................................................................................................... 9 Quality Control and Quality Assurance ................................................................................................... 10 Project Deliverables ................................................................................................................................ 11 Sidewalk Master Plan .......................................................................................................................... 11 GIS and Web Based Data Visualization Tools ...................................................................................... 12 Proposed Schedule ................................................................................................................................. 13 Qualifications and Experience of Proposer’s Personnel ...................................................................... 14 Office Location of Proposed Personnel................................................................................................... 15 Project Team Chart ................................................................................................................................. 15 Estimated Hours & Proposed Personnel ................................................................................................. 15 References .............................................................................................................................................. 16 Quality Control/Quality Assurance Procedures .................................................................................. 18 Monitoring Subcontractors ..................................................................................................................... 18 QC/QA Manager and Project Manager ................................................................................................... 18 Appendix ........................................................................................................................................... 19 Resumes .................................................................................................................................................. 19

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 1

Proposer’s Background
Founded in 1985, IMS has operated continuously as the
premier municipal pavement management and ROW
asset extraction firm throughout the United States. IMS was one of the first firms to bring automated pavement
evaluation to the U.S. market, and we have kept that
innovative mindset by continuing to implement state-of- the-art data collection and processing technology that
extends beyond the road itself to include the assets visible in the right of way, with a special focus on sidewalks.

Our team, comprised of 50 full-time employees, including eight engineers (five possessing PhDs), nine
independently certified pavement raters, and 32 data and GIS technicians is focused exclusively on pavement and
ROW asset management. IMS completes over 100
pavement and asset management projects annually. We
stand second to none in our ability to establish cost
effective maintenance management programs for large
and small agencies alike. We have earned a reputation for excellence over the course of thousands of projects for municipal clients across the United States.

IMS is an innovator in the field of sidewalk and ramp
management. We initially began asset extraction in
combination with pavement data collection projects, building in an economy of scale approach to infrastructure asset management. Nearly 10 years ago, we developed our Sidewalk Surface Tester (SST) to streamline and improve the quality of data collection on sidewalks and ramps to meet client’s goals as a data partner for ADA Transition Planning. Today, we offer LiDAR data collection and point cloud extraction for accurate measurements of ramps and sidewalk slopes.

IMS project innovations summary:
• Incorporation of right-of-way asset inventories with pavement data collection projects to reduce budget impacts and provide economy of scale.
• National leader in ATV-based sidewalk assessment approach for ideal accuracy and coverage. • Comprehensive high definition (4112 x 3008) digital imagery linked to the City’s GIS. • Flexible industry standard data outputs (Excel, Access, shape files, geodatabase, KML/KMZ). • Value-added services to streamline the decision-making process for sidewalk and ramp management, including incorporation into CIP and pavement management programs.

Equipment & Resources
IMS has become an industry leader in total asset management by offering our clients multiple methods to collect quality data based on the client’s goals, requirements, and staff skill set. Safety for our operators, pedestrians and traffic are all paramount to our sidewalk and ramp data collection efforts.

IMS EXPERIENCE

More than 15,000 miles of sidewalks
driven for right-of-way condition
surveys.

Dozens of sidewalk inventory projects
for municipalities of all sizes across the
United States.

37 years of experience helping cities
and counties assess, analyze, and
manage pavements and right-of-way
related assets.

Extensive experience with more than 15
pavement and asset management
systems, including VUEWorks,
Cartegraph, Agile Assets, PAVER, Lucity,
Cityworks, and others.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 2

Mobile LiDAR Unit
IMS will deploy a vehicle equipped with a
Ladybug5+ camera system for this project. The
Ladybug camera provides a 360-degree viewing
area at 8k30 or 4k60 image quality. Our mobile
LiDAR unit disperses one million laser points and
250 scan lines a second to create a spatially
accurate 3D image of the City’s right-of-way. The
laser readings are combined into a point cloud
and the raw point cloud data is processed into a
usable format for use in TopoDOT for
Microstation. Upon completion of the point
cloud processing, IMS tiles the network for
identification of the ramp attributes and delivery
to our extraction team. Imagery surveys for asset extraction are expected to progress at a rate of 30 to 80 miles per day in the City. The field surveys are expected to proceed at 5 to 6 days per week, depending on weather and national holidays.

Sidewalk Surface Tester (SST)
The SST is a purpose-built field data collection
unit designed primarily for surveying municipal
sidewalks, ROW’s, and parking lots. The SST
employs the NOMADTM data collection software
that integrates the survey inventory (GIS), field
maps, GPS, and field data collection protocols
into a single platform. NOMADTM is customized
based on the Master Asset List (MAL) that is a
tailored list of features and attribution to be
collected for each project.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 3

Engineering Mapping Solutions, Inc. (EMS)
For the development of the asset inventories, IMS will employ its long-time partner, Engineering Mapping Solutions (EMS,) to support ROW asset data extraction. EMS is based in Phoenix, AZ, and their data technicians will extract ROW assets using imagery collected at the same time as the point cloud data, combined with available aerial photography. IMS and EMS have worked on over 850 projects together over the last 18 years.

Engineering Mapping Solutions, Inc. (EMS) is a professional services corporation located in Phoenix, Arizona, specializing in enterprise-wide geographical information system (GIS) consulting, utility conversion, digital engineering solutions, and custom mapping applications.

The company principals, Martin Shaeffer, P.E. (President) and Phil Ponce, P.E. (Vice President), have over 50 years of combined expertise in engineering design, GIS, CAD, database design, and engineering solutions.

EMS has an 18-year working relationship with IMS on developing ROW asset inventories and condition assessments. The EMS approach to ROW asset inventories has been developed to integrate seamlessly with the IMS data and imagery collected from the field surveys.

Founded in 1995, EMS offers a unique mix of engineering solutions based on GIS database design and data conversion, custom data capture, facility management, and conversion applications.

Our production/development software includes ESRI ArcMap 10.x with SDE (SQLServer), QGIS open- source GIS, and C#.Net application development.

ArenaCAD
ArenaCAD is a global company specializing in extraction from and processing of point clouds. It offers a range of services for mobile mapping and point cloud processing using TopoDOT and for point cloud data using REVIT in Scan-to-BIM work. ArenaCAD works with surveyors, asset management firms, civil engineers, architects, project designers, restoration teams, and maintenance outfits who offer re- modelling and design. It works globally with partners in Australia, Belgium, Canada, Ireland, Romania, the UK, and the USA with offices in Brasov, Romania, and Hartford, Connecticut, USA. Working with IMS, ArenaCAD has extracted tens of thousands of individual assets and hundreds of thousands of asset attributes from IMS-provided point cloud data.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 4

Project Approach
Project Understanding/Vision for the Project
IMS understands the need for the City to collect and analyze detailed and precise information about the condition of its sidewalk and ramp network for rehabilitation strategies and ADA compliance reporting.

IMS has developed a comprehensive data collection workflow to successfully deliver the required data using two pieces of data collection equipment.
• Our Sidewalk Surface Tester (SST) is driven on each sidewalk by a trained technician to collect sidewalk extent and distress locations and severities along each sidewalk segment. • Additionally, IMS will deploy our mobile LiDAR system to capture point cloud data of pedestrian ramps in the network.

Using this technology, we can extract geometric attributes at an accuracy of +/- 5mm to the real world to capture the full series of required measurements for each ramp configuration as defined by the ADA.

We can collect the following data:

Sidewalks:
• Material: predominant construction material of the segment • Condition: provide segment condition at 5-tiers: Very Good, Good, Fair, Poor, Very Poor • Width: predominant segment width measured in the field in inches • Cross Slope: locations of slabs with excessive cross-slope issues will be recorded • Type of Sidewalk: add the method of construction and style of sidewalk • Distresses: XY locations and severities of vertical separations and horizontal separations • Obstructions: XY locations, severities, and types of pedestrian network obstructions • Condition: 0-100 SWCI score
• Compliance report

Ramps:
• Material: predominant construction material of the ramp • Condition: provide condition at 5-tiers: Very Good, Good, Fair, Poor, Very Poor • Detectable Warning: type of visible impairment facility and condition if applicable • Obstructions: presence of any obstructions and obstruction type • Placement and Orientation: location of the ramp in the intersection or street and function • Ramp geometry: includes ramp running slope, ramp cross slope, ramp entrance width, landing length, landing width, landing slopes, flare slopes, ramp area, lip of gutter and lip of ramp height, depending on ramp configuration
Using this information, we will develop a sidewalk condition index, or SWCI (modelled after the pavement condition index (PCI) as described by the ASTM D6433 standard), for each segment in the network. This information will be ingested into our Easy Sidewalk Analysis spreadsheet, which calculates recommended rehab strategies, prioritization plans, and cost-of-repair estimates.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 5

IMS Project Methodology
The IMS project approach for sidewalk condition and asset inventory projects typically follows the 7 steps shown in the graphic below. In this section, we detail the specific tasks and milestones that will be required for the successful completion of this project.

Project Kickoff
IMS has standardized a project approach based upon our 37 years of pavement and asset management experience and the subsequent lessons learned after performing hundreds of projects. Detailed conversations with our clients allow us to tailor a solution to the specific needs of an individual municipality. A prerequisite for a successful project is an initial project meeting with the City team members and the IMS team. This early communication is critical to ensuring that we are fully aligned with the City’s overall vision for this project as well as the specific data needs for the City. Through this project initiation process, we will prepare the project plan for overall implementation. The plan includes:
• Contacts and stakeholders
• Measurable tasks and milestones
• Approach and specific methods
• Master Asset List (MAL) features and attribution
• Allocation of resources, including personnel material, and tasks • Deliverables and schedule
• Performance and schedule risks
We will ensure that the plan remains current with any further data needs. Our Project Initiation Form and GIS Setup Form are part of our process, where the outcome will include a final project plan and an approved schedule in collaboration with the City’s staff and stakeholders. This plan is established before

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any data collection begins. Project requirements are incorporated into the project plan. This ensures transparency and acts as a reference point for all stakeholders involved with the project.

Another critical component of project prep is ensuring the Master Asset List (MAL) is understood and accepted before the project begins. The MAL acts as a data dictionary and gives full transparency into what can be expected to be included in the final database that will be delivered. It also includes all assumptions made about each attribute domain and type, so any subjectivity during rating can be understood clearly.

Develop GIS Inventory
Our data collection plan relies on a complete and up to date GIS sidewalk centerline. We understand that sidewalk databases are difficult to maintain and often incomplete, so prior to deploying our SST, we first drive our mobile LiDAR unit through the entirety of the public roadway network maintained by the City. The vehicle drives in two directions on each road, collecting both point cloud data and spherical imagery from the Ladybug5+ camera. The spherical imagery is then post-processed and georeferenced, such that it can be used in conjunction with satellite imagery and any existing client GIS (if any) to create a comprehensive sidewalk GIS.

We segment the network on a block-to-block basis with a few exceptions:
• if there are gaps in the sidewalk network,
• if the condition of the network changes significantly, • or if the width of the network changes significantly.

Not only does this identify areas where sidewalk needs to be installed, but it ensures we do not waste time surveying areas without assets present when we deploy our SST, which results in cost and time savings passed along to the agency. This also ensures that condition or width observations do not get “washed out” when segment-level data is summarized.

Using the Ladybug imagery allows us to create a point inventory of every ramp location in the network, and locations where ramps are missing but should be installed. This allows us to target our ramp data extraction process when the point cloud is imported into CAD systems for measurement purposes, again resulting in greater efficiency during processing.

High-resolution spherical output from Ladybug5+ camera displayed in 2D

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Once we have our GIS databases created, we import them into our NOMAD™ software onboard the SST, which allows our field operators to easily orient themselves in the network and make observations about each segment and ramp point as they encounter them.

Sidewalk Condition Survey
The Sidewalk Surface Tester (SST) is used
to perform a condition survey by driving
each linear mile of sidewalk and providing
detailed data to determine if the
sidewalks are compliant with current
local standards. IMS will provide a
Sidewalk Condition Index (SWCI) which is
a 0-100 score that is like the Pavement
Condition Index (PCI) used for assessing
street pavements. The SWCI was
developed by IMS in 2014 when we
launched our SST platform. We have been
able to provide our clients with an approach to sidewalk management that is like what is used for pavement management – detailed, objective, and repeatable surveys that provide a solid foundation for multi-year budgeting maintenance and rehabilitation planning.

SST Mobile Mapping Technology: NOMADTM
IMS has developed a mobile mapping application called
NOMADTM that is used to capture sidewalk/ramp attributes in the field. The NOMADTM software operates on a tablet PC and is customized to the needs of each client. NOMADTM is integrated with GPS on the SST and is used to develop
spatially accurate inventories and condition assessments for a variety of infrastructure assets in the field based on the required attributes as defined in the MAL.

In addition to the segment-level observations, the XY
locations of the sidewalk distress data will be collected and provided as a GIS feature class. For the purposes of prioritization, they will also be summarized at the segment level in the analysis phase of the project.

If available, the City will provide IMS with all sidewalk maintenance activities that will be performed during the data collection and inventory development period. This step will ensure that the inventory is complete, and that any sidewalks installed or repaired after a particular section of sidewalk has been surveyed will be included in the final inventory database.

NOMADTM is configured with a series of tabs that maintain the most efficient data entry in the field. The sidewalk and obstruction tabs are customizable for each project. Upon completion of the field data collection, the sidewalk attribute information is assembled and processed for condition and deficiency

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reporting purposes.

Sidewalk Ramp Collection
A pedestrian curb ramp is defined as an inclined
plane needed wherever a sidewalk or other
pedestrian walkway crosses a curb. Similarly to the
pre-survey prep for the sidewalk assessment, IMS
will create a review map of all current ramps to be
condirmed by City staff as a function of our routing
plan.

Ramp locations will be verified via the GPS-linked
imagery and aerial photography. Updates to the
existing database will be confirmed with County staff
prior to any adjustments. The table structure for the
ramp inventory is included on the next page. This will
be modified to match the City terminology, or any
modifications made as a part of negotiations and
reflected in the MAL.

The image at right is an example of the Ladybug
camera image that the IMS technicians review to complete the measurements. The ramp condition assessment is completed via measurements derived from the point cloud captured by the mobile LiDAR unit.

Optional Service: Street Sign Inventory
Right-of-way (ROW) asset data collection is a primary component of nearly half of IMS’ projects. The IMS team has extensive experience collecting data for and managing ROW asset inventories and condition assessments on signs, signposts, curb and gutter, sidewalks, ramps, striping, and many others.

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During this task, the project team will
develop a document called the Master
Asset List (MAL) that defines the
geometry, attribution, and domains for
each asset that is to be collected. The
MAL also defines the capture
methodology for each asset. Assets
identified for collection for the City
include street signs. The signs will be
located based on the Ladybug imagery,
and the City’s database will be updated
with the information. An image of each
sign will be linked to the GIS.

Data Processing
Sidewalk Distresses
The sidewalk distress locations will be reported in a GIS database. We will also summarize these findings at the
segment level for integration into the Easy Sidewalk
Analysis spreadsheet for SWCI calculation purposes. The raw GIS files can be used for precisely locating slabs that need to be repaired, which can be used in conjunction
with the spreadsheet deliverable, which will help to
determine priority.

Compliance Report (ramps and sidewalks)
Upon completion of the data collection phase, IMS will
process all data collected in the field to be displayed in GIS and for use in the analysis and prioritization routines for remediation. The end deliverable is an updated GIS database with sidewalk segments, ramp locations, obstruction locations, and distress locations, a prioritized ranking for ramp and sidewalk maintenance / rehabilitation, and a summarized report with the findings of the survey.

The prioritization rankings will be determined by the calculated SWCI, which factors in sidewalk condition, defects, and obstructions. The segments are then reported on a “worst-first” basis, along with recommended rehab strategies, and the estimated cost-of-repair, based on the City’s unit costs.

Ramps
Point Cloud Processing – The raw point cloud data from the LiDAR unit is processed into a useable format for use in TopoDOT for Microstation. Upon completion of the point cloud processing, IMS tiles the network for identification of the intersection ramps and delivery to our extraction team.

Example IMS ROW asset geodatabase with striping signs, curb and gutter, etc. shown in ArcMap.

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Smart Cell Extraction – The IMS
extraction team uses a Smart Cell
library developed by IMS. The Smart
Cells are applied to each ramp in the
point cloud and sized according to
the visible geometry of the
pedestrian curb ramp. Once sized,
the Smart Cell auto calculates all the
geometric units of measure
identified in the Master Asset List
(i.e., ramp slope, landing slope, flare
slope, facility dimensions, etc.)
Ramp Join & QC – The pedestrian
curb ramp geometric attributes are joined to the appropriate ramp and assigned to a Curb Ramp QC technician who validates the geometry measurements captured during Smart Cell Extraction. Any error or anomalies found during QC are corrected using the point cloud collected in the field.

Quality Control and Quality Assurance
Sidewalk and ramp inventory and condition GIS data goes through a series of quality checks before it is delivered. These include:

General Review
The first QC/QA check involves an overall cursory scan of the dataset to visually identify any anomalies before proceeding with more
detailed checks. This includes
zooming to the extent of each
feature class to ensure there are no
extraneous features beyond the
expected boundary of the data and
opening each table and performing
sample selections to ensure expected
results are returned. A sort of each
attribute should yield complete
information without unexpected
gaps. Any gaps are noted and further
investigated in subsequent checks.

Positional Accuracy
Positional accuracy checks ensure
that features collected with mapping-grade GPS equipment reasonably align with aerial photographs and other relative datasets, such as street centerline.

Geometry Checks
Geometry checks ensure that features are of the expected geometry and that no invalid or null geometries exist. These checks can also include connectivity checks if delivered features have expected geometric relationships, such as the relationship of a ramp point to a sidewalk line.

Ramp measurements are captured from the LiDAR point cloud using TopoDOT for Microstation.

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Database Schema Checks
Schema checks ensure that the delivered geodatabase conforms to the schema specifications outlined in the Master Asset List (MAL) at the onset of the project. Checks include a review of features, feature types and naming, attribute types and naming, coordinate system, and allowed geometries.

Attribute Completeness
Attribute completeness checks ensure that feature classes are fully populated according to domains outlines in the MAL. Logical consistency checks may be performed if a feature has multiple attribute relationships that need validated.

Attribute Accuracy
Attribute accuracy checks ensure that the data captured in the feature class agree with the source data used to create the feature, which in this case is most often aerial photography and right of way imagery.

Checking a random sample set of features ensures correct data capture and adherence to the MAL.

Project Deliverables
Sidewalk Master Plan
Included with the sidewalk and ramp survey is the development of a prioritized sidewalk and ADA ramp rehabilitation and remediation plan. In addition to delivering a basic compliance report for each sidewalk section or ramp, IMS identifies the rehabilitation costs and develops a logical remaining service life for each sidewalk. The following information is included in the enhanced IMS sidewalk and ADA ramp report:

1. Sidewalk and ramp location
inventory/attribute report

2. Analysis parameters – will define/develop
estimated average sidewalk life, rehab max
life, sidewalk deterioration curves based
upon IMS and staff outlooks, burden rates,
and minimum percentage for gaps to be
filled.

3. Present condition ranking – detailed and
summary condition data including 0-100
SWCI, Good/Fair/Poor, distress types, RSL,
material, reviews of each ramp and ranking
of the ramps.

4. Fix all deficiency costs – this identifies the
upper limit of spending by rehabilitating all
ramps and sidewalks to meet ADA
compliance requirements, assuming
unlimited funding. This will be developed
for sidewalks, gap filling, missing terminus,
and ADA ramp compliance.

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5. Replacement program & funding levels – what funding will be necessary to replace / repair what length of sidewalks and ramps over a set duration.

6. Draft 5-year rehabilitation and prioritized sidewalk/ramp plans – based on condition, available budget, and level of service constraints; three budget runs will be completed.

7. Final prioritized plan – incorporating feedback from stakeholder departments, complete with budget and level of service constraints.

GIS and Web Based Data Visualization Tools
All the condition, budgetary, and prioritization information calculated during the analysis phase of the project is ultimately linked to the GIS inventories created prior to the start of the condition surveys. Not only do our clients receive a spreadsheet that acts as a powerful management tool in a tabular format, but that same data is made available spatially. This allows for visualization of the data in countless permutations to respond to the changing needs of the agency. Having this information available for use in industry-standard geospatial formats allows for further analysis, historical documentation, and can act as a tool to maintain work history and maintenance records.

IMS understands the GIS capabilities across agencies is highly variable. Many users are still desktop- centric, with interest in continuing to use Esri’s ArcMap or ArcGIS Pro, internally. However, these platforms require training, background knowledge, and licensing that can be cumbersome and expensive for agencies to maintain. We are continuously improving our ability to push our GIS data to the cloud and make it accessible through ArcGIS Online, and therefore more accessible to not only internal stakeholders at the City, but to their citizens themselves. We believe in working closely with the City to understand their specific needs to share data with their constituents in the most effective manner, and can create customized, web-based dashboards that can visualize the data we collect during our surveys in a multitude of ways.

Example of an ArcGIS Online dashboard built to convey sidewalk capital planning information.

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Proposed Schedule

Proposed Schedule
Assumes NTP/Executed Agreement by July 25, 2022
Task Description Estimated Schedule
1 Project Initiation and Kickoff August 2022
2 GIS Acquisition & Validation August 2022
3 Review Map Iterations & Approval August 2022
4 Full-Network LiDAR Survey September 2022
5 LiDAR Data Processing & GIS Inventory Creation October 2022 6 SST Sidewalk Survey November -December 2022
7 Analysis, Reporting & GIS Mapping end-February 2023
8 Additional Services Requested: Optional Signs Database from LiDAR March 2023

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Qualifications and Experience of Proposer’s
Personnel
IMS has performed projects of similar size and scope for municipalities regionally and around the country. IMS has provided asset inventories for many municipalities and can confidently fulfill all relevant scope requirements. The following table summarizes our recent project experience, including the inventory lengths for sidewalks, ramp counts, and the type of survey methodology applied.

Sidewalk and Ramp Inventory Reference Projects At-A-Glance Client Status Sidewalk
Mileage
Number
of
Ramps
LiDAR
Data
Collection
SST
Approach
ADA
Compliance
Report
Joplin, MO*+ Complete 133 1,736 Y Y Y
Porterville, CA*+ Complete 253 2,288 Y Y Y
Fontana, CA*+ Complete 815 7,150 Y Y Y
Fort Worth, TX*+ Current ~2,800 ~28,000 Y N N
Henry County, GA* Current 505 3,725 N N N
Deltona, FL*+ Current ~365 ~4,500 Y N Y
Baytown, TX*+ Current 192 ~2,250 Y Y Y
Bloomington, IN*+ Current ~300 ~4,000 Y N N
Pasco County, FL* Complete 1,085 4,215 N N N
North Lauderdale,
FL*+ Complete 120 950 Y Y Y
Port Orange, FL* Complete 325 3,750 N Y Y
Miami Beach, FL* Complete 290 4,775 N Y Y
Canton, GA* Complete 100 1,050 N N N
Atlanta, GA*+ Complete 1,160 18,800 Y Y Y
Marietta, GA* Complete 140 3,450 N N N
Carrollton, TX* Complete 600 13,475 N Y N
Germantown, TN*+ Complete 125 1,500 Y Y Y
Collierville, TN*+ Complete 290 3,865 Y Y Y
Springfield, MO* Complete 640 10,297 N Y N
*EMS as part of project team
+ArenaCAD as part of project team

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Office Location of Proposed Personnel
IMS staff are located at our company headquarters in Tempe, AZ. EMS staff are in Phoenix, AZ.

ArenaCAD staff are in Hartford, CT.

Project Team Chart
Personnel identified for the project are available to begin work immediately. They will be assigned to the City for the duration of the project. Our team is accustomed to working on multiple projects at a time, and we adjust resources on a routine basis to ensure that we have the staff and equipment required to meet project milestones.

Estimated Hours & Proposed Personnel
Category Personnel Estimated
Hours
Project Principal Kurt Keifer, PhD, PE 44
Project Manager Caitlin Parsons 124
Project Engineer Mostafa Nakhaei, PhD, EIT 172
Asset Data Tech Sara Perales 312
Administrative Tammie Cummings, Jim Tourek 216
IMS LiDAR & SST Field Crew Multiple 500
EMS Image Data Processing Team - Manager Marty Shaeffer 124 EMS Image Data Processing Team Multiple 260
ArenaCAD LiDAR Processing Team - Manager Andrei Oros 112

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References
Port Orange, FL
The City of Port Orange contracted IMS to perform a network-level survey of City owned sidewalks and ramps using our Sidewalk Surface Tester (SST) in 2018. The project included the pre-survey step of developing an accurate sidewalk inventory and defining a survey routing plan to collect ramps that may not be included with sidewalks. IMS
surveyed approximately 325 linear miles of
sidewalks and over 3,750 ramps. The scope
of the project also included the delivery of a
prioritization plan and rankings of sidewalks
and ramps. Maps were delivered with long-
term maintenance recommendations and the
overall SWCI scores by segment, ramp
condition and priorities, and other key
factors requested by City staff. As IMS
performed the City’s pavement management
program update, the CIP program was able
to be synced for reconstruction projects. The
chart depicts the distribution of the sidewalk
condition index (SWCI) for the network.

Point of Contact: Lynn Stevens, Public Works & Utilities Director 386-506-5750
[email protected]
Fontana, CA

Since 2004, IMS has completed six projects for the City of Fontana, including pavement management, sidewalk compliance, and right-of- way asset collection and extraction. With more than 600 miles of sidewalks and streets, Fontana is one of the largest cities in Southern California. In 2020 and 2021, IMS used LiDAR to collect 600+ miles of data on sidewalks and ADA ramps for the City of Fontana, as well as other assets extracted from imagery. Our team worked with the City to ensure that the data was formatted and loaded into their existing Lucity enterprise asset management solution for ongoing use in budgeting and work order management.

Point of Contact: Shawn Matejcek, Project Coordinator, Public Works (909) 350-7649
[email protected]

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City of Joplin, MO
IMS performed a sidewalk,
ramp and curb inventory and
condition inspection for the
City of Joplin, MO in
2019/2020 in two phases. The
first phase was for 137 miles
of sidewalks in the City not
impacted by the 2011 EF5
tornado, and the second
phase was for 75 miles within
the tornado zone. The City’s
existing sidewalk GIS data was
edited by IMS ahead of the
survey to develop
homogeneous block to block
segmentation for better reporting. IMS identified the network valuation, deficiencies, ramp compliance types, deficiencies by rehab activity and cost, annual rehab budgets based on program life, and a multiyear prioritized plan. IMS delivered a Esri geodatabase containing attribute data and images hyperlinked to each feature. In addition to this analysis, IMS performed a second analysis during phase 2 to assist the City with understanding their rehab needs in the tornado zone given the redevelopment that had occurred since the tornado. IMS was a sub to a local Joplin engineering firm, Olsson Engineering, for this project.

Point of Contact - Prime: Lynden Lawson, Assistant Director Public Works (417) 624-0820 x1560
[email protected]
Point of Contact: Clayton Cristy, PE, VP Olsson Engineering (417) 627-5554
[email protected]

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Quality Control/Quality Assurance Procedures
IMS will prepare a Data Quality Management Plan (DQMP) for the City’s project. The DQMP will govern the data collected during sidewalk and ramp condition surveys and will be. It is vitally important that the data used to guide and prioritize the spending of large sums of taxpayer dollars on sidewalk and ramp maintenance activities and treatments is accurate and reliable.

The DQMP describes how the Sidewalk Surface Tester, mobile LiDAR, and imaging equipment will be calibrated, what data quality control measures will be conducted before data collection begins and periodically during data collection, how data will be sampled, reviewed, and checked for quality, and what error resolution procedures will be followed and how data will be accepted.

Monitoring Subcontractors
IMS has partnered with EMS and ArenaCAD for hundreds of hours of project work. Our QC/QA Manager and Project Manager, Caitlin Parsons, has provided oversight for both subconsultants for the past 3 years. Her strong working relationship with both teams is built on clear expectations, a trusted cadence for progress reporting, and timely communication of issues or challenges.

QC/QA Manager and Project Manager
Ms. Caitlin Parsons has 5 years of experience working with geospatial technologies to develop functional workflows that serve the needs of a variety of clients. As the asset management team supervisor overseeing the program at IMS, Ms. Parsons is responsible for the success of the full lifecycle of projects. She oversees a team of data technicians that ensure project preparation, field data collection, data processing methods, and deliverables are executed to fulfill the nuanced needs of public sector asset managers. Prior to her role at IMS, Ms. Parsons processed and extracted data from satellite imagery and UAV systems. She has brought her knowledge of remote sensing methodologies to IMS, wherein she has integrated a mobile LiDAR system into daily operations.

Ms. Parsons’ full resume is available in the appendix.

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Appendix
Resumes

Caitlin Parsons
Project Manager and QC/QA Manager
5 Years-Experience | Field Survey Methodologies | LiDAR Integration | ROW Assets | Workflow Development | GIS Analysis
BA, Geography & Environmental Studies University of Colorado, Colorado Springs
Undergraduate Certificate: Geographic Information Science

Ms. Caitlin Parsons has 5 years of experience working with geospatial technologies to develop functional workflows that serve the needs of a variety of clients. As the asset management team supervisor overseeing the program at IMS, Ms. Parsons is responsible for the success of the full lifecycle of projects. She oversees a team of data technicians that ensure project preparation, field data collection, data processing methods, and deliverables are executed to fulfill the nuanced needs of public sector asset managers. Prior to her role at IMS, Ms. Parsons processed and extracted data from satellite imagery and UAV systems. She has brought her knowledge of remote sensing methodologies to IMS, wherein she has integrated a mobile LiDAR system into daily operations.

Recent Pavement Data Collection and Analysis Projects
Fontana, CA – Sidewalk Survey Project Manager
Ms. Parsons coordinated efforts across all internal teams to survey 800 sidewalk miles for the city of Fontana in 2021. The city requested precise locations of all sidewalk distresses be recorded throughout the survey. Over 60,000 coordinates were collected in the field to represent these defects. This information was analyzed to determine a rehabilitation prioritization schedule for the city in conjunction with data recorded about over 7,000 pedestrian ramps and 700 obstruction locations, all of which were linked to individual parcel IDs in the network to assist in providing more localized rehab strategies. This data will ultimately be integrated into the city’s Lucity asset management system to provide them with further decision-making capabilities.

Joplin, MO - Sidewalk Survey Project Manager
Ms. Parsons was responsible for overseeing field operations, data processing, QA/QC efforts, and deliverable development for the City of Joplin’s 2020 sidewalk and pedestrian ramp survey. This survey was conducted using semi-automated boots-on-the-ground style surveying in addition to mobile-LiDAR system mapping. Her team reported dozens of attributes for the pedestrian network, including sidewalk distress extents, sidewalk condition, and ramp dimension information to assist the city in determining ADA compliance. The extensive survey encompassed approximately 133 sidewalk miles wherein locations of 1,736 ramps and 170 obstructions were also recorded. An additional 75 miles of sidewalk were surveyed within the boundary of an area impacted by a tornado. Ms. Parsons’ team completed a good-fair-poor style survey for this phase of the project to assist the City with disaster mitigation. Port Orange, FL – Lead Sidewalk Analyst Ms. Parsons provided data processing, QC/QA, and deliverable creation support to the Port Orange project team. This extensive manual survey of 325 sidewalk miles and 3,750 pedestrian ramps required many hours of review and data manipulation to ensure all attributes as defined in the project scope were accounted for and accurate. In addition to an analysis spreadsheet, Ms. Parsons delivered a set of map books to the client, which visualized sidewalk and ramp conditions throughout the network.

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Kurt Keifer, PhD, PE
Principal Engineer
25 Years-Experience | Pavement & Sidewalk Management | Software Evaluation | ROW Assets | Software Implementation | Published Articles

BS, MS, PhD Civil and Environmental Engineering,
University of Illinois at Urbana-Champaign
Licensed PE in Texas, Arizona, Georgia, Illinois, North Dakota, South Dakota

Dr. Kurt Keifer is the President of IMS. He has 25 years of experience with pavement testing, analysis, engineering, and management. He has implemented pavement management systems for municipal agencies across the United States and around the world. A major focus of his career has been developing and integrating automated pavement imaging and road surface profiling hardware and software technologies. Prior to joining IMS, Dr. Keifer served as the Director of Pavement Engineering at Gorrondona & Associates for five years and before that as Director of North American Consulting at Dynatest Consulting for a decade. Dr. Keifer also worked with the US Army Corps of Engineers for more than ten years developing the PAVER pavement management system and the image-based automated method for performing ASTM D6433 PCI inspections.

Recent Pavement Data Collection and Analysis Projects
Kern County, CA – Project Manager/Principal Engineer
In 2019, Dr. Keifer managed the implementation of a pavement management system and the automated ASTM D6433 PCI survey of 1,000 miles of the County’s roadways. International Roughness Index (IRI) ride quality data as well as rutting data were collected for each roadway as well. The collected data were uploaded to the County’s pavement management system, and the system was customized to reflect the County’s M&R practices and costs. In collaboration with the County team, Dr.

Keifer developed five-year pavement preservation and M&R plans. Lastly, he provided onsite pavement management training to County staff in the spring of 2020.

Fort Worth, TX – Project Engineer/Project Manager
Dr. Keifer served as Project Principal and Project Manager (2021-Pres.) of the City’s ROW asset inventory and pavement condition survey. The project included approximately 4,200 miles of City-managed arterial, collector, and local roadways as well as bus lanes. The asset inventory included collection of signs, sign supports, streetlights, signals, curb and gutter, pavement markings, speed bumps/cushions, sidewalks, and ADA pedestrian ramps. The pavement survey consisted of an automated ASTM D6433 PCI survey. International Roughness Index (IRI) data and rutting data were also collected for each roadway during the survey. The project team worked collaboratively with the City to customize the ASTM D6433 PCI calculation to account for different roadway functional classifications and surface types.

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Mostafa Nakhaei, PhD, EIT
Project Engineer
9 Years-Experience | Pavement & Sidewalk Management | Infrastructure Data Science | Computer Programming | GIS
PhD Civil & Environmental Engineering, National Center for Asphalt Technology (NCAT) at Auburn University
MS in Data Science, Auburn University
MS in Civil & Environmental Engineering, University of Tehran BS in Civil & Environmental Engineering, University of Sistan and Baluchistan EIT in Texas

Dr. Mostafa Nakhaei is a project engineer and data scientist at IMS. His entire 9 years professional career has been dedicated to pavement engineering with experience in roadway construction, pavement management, pavement structural design, laboratory testing, FWD testing, etc. With his dual degree in data science, he has developed several computer programs such as “MASTIC” and “Back- MASTIC” for layered elastic analysis and pavement modulus backcalculation. At IMS, he has been working on implementation and integration of Artificial Intelligence (AI) to enhance pavement and asset management. He has also implemented pavement management systems for municipal agencies across the United States. Prior to joining IMS, Dr. Mostafa Nakhaei worked at National Center for Asphalt technology (NCAT) as a research assistant where he introduced a new mechanism for how some pavements could develop cracks from mid-depth. The research was awarded at TRB conference for its innovative idea. He also worked as site pavement engineer for implementation of microsurfacing at Kandvan Pars Co where they successfully laid down over 100 miles of microsurfacing. He also worked 5 years on laboratory testing equipment and published more than 25 research journal articles.

Recent Pavement Data Collection and Analysis Projects
Grand Prairie, TX – Principal Engineer
In 2021, Dr. Nakhaei served as principal engineer for the City’s comprehensive pavement management program. This survey consisted of an automated ASTM D6433 PCI survey of approximately 211 miles of City-managed arterial, collector, and local roadways. International Roughness Index (IRI) data and rutting data were also collected for each roadway during the survey. The project team worked collaboratively with the City to customize the development of projects into practical sizes so the city can easily maintain it for the next five years. This project involved implementation of Easy Street Analysis (ESA) for pavement management. However, since the city network was composed of many composite surface pavements, additional functionality was made to the program so that ESA can handle more rehab strategies for composite pavements. This custom-built improvement lay the foundation for city’s five-year plan strategy.

City of Deerfield Beach, FL – Principal Engineer
In 2021 and 2022, Dr. Nakhaei oversaw a comprehensive pavement management project for the city of Deerfield Beach, FL. The survey consisted of an automated pavement condition survey of approximately 136 miles of city’s roadways (based on ASTM D6433) as well as International Roughness Index (IRI) data collection. He worked closely with city staff and engineers throughout the project to review and confirm the project goals, objectives, scope of work, and schedule. Easy Street Analysis (ESA) was used to optimize the rehabilitation strategies for the city for the next five years.

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Sara Perales
Asset Data Technician
10 years-experience | Pavement Management | Automated Data | ROW Asset Inventories | Bentley Microstation | Esri ArcGIS Suite BS, Conservation Biology and Ecology, Arizona State University

Mrs. Sara Perales is an asset data technician at IMS who specializes in workflow standardization, data processing, and data quality control. Sara is proficient using Bentley Microstation to manipulate LiDAR data for incorporation in geodatabases. She regularly uses Esri’s ArcGIS for Desktop for digitizing, georeferencing, asset location, and data management. Sara works closely with the asset data team to meet strict project deadlines and maintain data integrity standards. Prior to IMS, Sara worked for the Bureau of Land Management to identify and document areas of wildlife use, needs, vegetation composition and unique situations.

Tammie Cummings
Project Administrator
25 Years-Experience | Office Management | Project Administration | Customer Service Management
BS Business Administration, Univsersidad Interamericana de Puerto Rico

Ms. Tammie Cummings has 25 years of experience supporting engineering teams in Florida and Oklahoma. As a Project Administrator, Ms. Cummings is responsible for managing schedules, scheduling and coordinating meetings, assisting with action plans, gathering necessary resources, and communicating progress to team members and clients. Prior to joining IMS, Ms. Cummings served as the Project Administrator to the National Society of Professional Engineers (NSPE) 2020-21 President and local team. She has experience coordinating with multiple departments to ensure all aspects of the project are aligned with the strategy, commitments, and goals of IMS.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 23

Jim Tourek
Client Services Manager
9 Years’ Experience with IMS (30 total) | Pavement Management | Software Implementation |Automated Data | ROW Assets
B.S. Construction Management, University Nebraska-Lincoln Master Graduate, Rapport Leadership International
Mr. Jim Tourek has been at the helm of pavement and right-of-way asset projects for clients ranging from small cities to large government municipalities having led over 250 successful pavement management assignments. As a regional manager of client services, Jim is responsible for maintaining client relationships for specific projects in the United States and Canada. On each assignment, he serves as the primary point of contact and is well versed in the project scope, schedule, budget, and most of all, client expectations. His responsibilities include responding to municipal solicitations and facilitating initial scope negotiations. Jim is active in all phases of project management, and he follows each project through to completion. He ensures that all deliverables are met, and the projects end with a satisfied client.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 24

Martin Shaeffer, PE
EMS President
35 years’ experience | Engineering Applications of GIS | Computed Aided Design| Engineering Data and Maps| Hydrologic and Hydraulic Modeling BS Civil Engineering, Texas Tech University
Licensed PE in California, Texas, and Arizona
Mr. Martin Shaeffer, PE is a president and principal engineer of Engineering Mapping Solutions, Inc. He is responsible for project management and quality control on all projects. Mr. Shaeffer also handles all GIS database design, programming, and implementations, as well as the development of all data capture, manipulation, and maintenance procedures. EMS and IMS have been partners for nearly 20 years.

Recent Asset Data Collection Projects
La Plata, CO; Las Cruces, NM; Los Alamos County, NM; Payson, AZ; Porterville, CA; Pueblo West, CO; Steamboat Springs, CO; Fontana, CA; Pasadena, CA; Denton, TX; Fayetteville, NC; Ft. Worth, TX; Henry County, GA; University Place, WA; Woodstock, IL; Bartlesville, OK; Marietta, GA; Dallas, OR; Manhattan, KS

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 25

Jason Scovill
Senior Applications Developer
26 Years-Experience | Mapping Automation | GIS Application | Microsoft SQL Server Administration and Design | .NET Application Development | Web Development | Maintenance and Management Systems
Associates Degree, ITT Technical Institute
Visual Basic Programming, Mesa Community College
SQL Server Programming and Administration, Interface Technical Training Jason Scovill is Senior Applications Developer of Engineering Mapping Solutions, Inc. Responsibilities include project manager/quality control adviser for development projects. Specific focus is placed on database management / design and Visual Studio programming targeted for the dissemination of web based information and GIS mapping. Mr. Scovill has extensive experience in designing custom Maintenance and Management solutions for clients, as well as helping implement and integrating with “off the shelf” solutions.

Recent and current activities include the continued support and development of the City of Surprise LIS application. Mr. Scovill coordinates directly with the development services users, IT, and GIS to ensure their unique development needs are being met. Previous experience include custom asset management integrations with Lucity, Hansen, and CityWorks for various municipalities, custom Lucity web mapping applications for City of Pocatello, Town of Brookhaven, City of Alameda, and Volusia County, and the implementation of Lucity Pavement Management and ROW assets for IMS.

Mr. Scovill has worked directly with Lucity since 2001. Lucity projects include Lucity implementation and upgrades, custom web and desktop application integrations, setup and loading of data for Lucity Environmental, Sewer, Storm, Transportation, Water, and Work modules, and Lucity GIS configuration and synchronization.

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 26

ANDREI OROS
Andrei Oros is the founder, owner and global CEO of ArenaCAD. ArenaCAD is a global company specializing in extraction from and processing on pointclouds. It offers a range of services for mobile mapping and point cloud processing using TopoDOT and for point cloud data using REVIT in Scan-to-BIM work. ArenaCAD works with surveyors, asset management firms, civil engineers, architects, project designers, restoration teams, and maintenance outfits who offer re-modelling and design. It works globally with partners in Australia, Belgium, Canada, Ireland, Romania, the UK, and the USA with offices in Brasov, Romania, and Hartford, Connecticut, USA EXPERIENCE

2011 – PRESENT

OWNER/FOUNDER AND CEO, ARENACAD
2020 – 2021

TECHNICAL AND MARKETING SUPPORT MANAGEMENT, TOPODOT UK & EUROPE Established and managed ArenaCAD’s partnership with TopoDOT to provide technical support on extracting high quality features with TopoDOT software in the UK and Europe.

2010 – 2011

TOPOGRAPHIC ENGINEER, TOPOGRAF, BRASOV, RO

EDUCATION

2009-2012

ENGINEER DIPLOMA IN LAND SURVEYING, ABD, UNIVERSITY OF AGRONOMIC SCIENCES AND

VETERINARY MEDICINE OF BUCHAREST (USAMV - FIFIM BUCHAREST)

2004-2007

TECHNICAL DIPLOMA IN LAND SURVEYING, UNIVERSITATEA TRANSILVANIA DIN BRASOV (CUFEI BRASOV)

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City of Upland, CA 2022 Sidewalk Master Plan
July 7, 2022
IMS Infrastructure Management Services, LP 27

ELLA COMAN
Ella Coman is the lead technical coordinator for ArenaCAD’s global mobile mapping division. Within ArenaCAD Romania where the technical team resides, Ella manages the team and oversees quality assurance. Globally, Ella serves as Technical Manager for ArenaCAD USA in Hartford, Connecticut, coordinating all global mobile mapping projects that are processed by the team she manages in Romania. EXPERIENCE

2012 – PRESENT

MANAGER AND ENGINEER, ARENACAD ROMANIA
ArenaCAD is a global company specializing in extraction from and processing on pointclouds. It offers a range of services for mobile mapping and point cloud processing using TopoDOT and for point cloud data using REVIT in Scan-to-BIM work.

ArenaCAD works with surveyors, asset management firms, civil engineers, architects, project designers, restoration teams, and maintenance outfits who offer re-modelling and design. It works globally with partners in Australia, Belgium, Canada, Ireland, Romania, the UK, and the USA with offices in Brasov, Romania, and Hartford, Connecticut, USA.

I serve as the lead technical coordinator for ArenaCAD’s global mobile mapping division and manage the technical team at the Brasov, Romania, office.

2020 – 2021

TECHNICAL AND MARKETING SUPPORT, TOPODOT UK & EUROPE
I offered technical support on extracting high quality features with TopoDOT software and working with TopoDOT Global Marketing Director, Elaine Ball, to help companies from UK and Europe

EDUCATION

DECEMBER 2019

TOPODOT SOLUTIONS CERTIFICATION, TOPODOT UNIVERSITY

2009-2013

ENGINEER DIPLOMA IN LAND SURVEYING, UNIVERSITY OF AGRONOMIC SCIENCES AND VETERINARY

MEDICINE OF BUCHAREST (USAMV - FIFIM BUCHAREST)

2004-2007

TECHNICAL DIPLOMA IN LAND SURVEYING, UNIVERSITATEA TRANSILVANIA BRASOV (CUFEI BRASOV)

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1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of August 8, 2022, by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and IMS, LP, with its principal place of business at 8380 South Kyrene Road, Suite 101, Tempe, AZ 85284 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following:

2022 Citywide Sidewalk Master Plan (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $440,550 This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

c. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of a notice of any disputed fees set forth on the invoice.

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2 3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from the date the contract is executed by all parties to August 30, 2023, unless earlier terminated as provided herein. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Project.

Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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3 8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.

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4 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability

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5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required

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