Upland City Council
September 26, 2022

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

A G E N D A
S e pte mbe r 2 6 , 2 0 2 2
C ity C ou n ci l C h a mbe r

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

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

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

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

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

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

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

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

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

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

A .C LO S E D S E S S I O N C O N F E R E N C E W I T H R E A L P R O P E RT Y N E G OT I A TO R S C alifornia G overn m en t C od e S ection 54 95 6.8
P rop erty: Real p rop ert y l ocat ed at th e n ort hwes t corner of F irst S treet and A S treet: A ssessor's Parcel N um b ers: 1 04 6-5 91 -08 , 09 , 10 , 11 , 12 , and 13 .

C ity
N eg otiators:

C ity M anag er M ich ael B lay, D evelop m en t S ervi ces D irector Rob ert D alq uest, and E conom ic D evelop m ent C oord in ator M elecio P icazo
N eg otiating
Party:

C ity Ven tu res
Un d er
N eg otiation :

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

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

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

7.P R E S E N T A T I O N S
Recog n ition of th e Up lan d A m eri can Li tt le Leag ue 11 U A l l S tar Team - L ittle Leag ue D istrict 23 C h am p ion s
Recog n ition of th e U p lan d Footh il l Litt le L eag u e 12 U A l l S t ar Team - L ittle Leag ue D istrict 23 C h am p ion s
C ertificate of C om p assion to B ob E verett for his d ed icated work w ith W ild W in g s Reh ab ilitation

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 t he Reg ular M eet in g M in utes of S ep tem b er 1 2, 2 02 2. (S taff Person: Keri J ohn son )
B.2 N D R E A D I N G O F O R D I N A N C E 1 96 7 U N L A W F U L C A M P I N G A N D

S TO R A G E O F P E R S O N A L P R O P E RT Y
H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd i n an ce N o. 1 96 7 rep eal in g U p lan d M u nicip al C od e 1 2.4 0 and ad d in g C h ap ter 12 .46 to create an d im p lem en t an effective p roced ure to reg ulate c am p in g and storag e of p erson al p rop erty t o p rot ect p u b l ic and safety. (S taff Person: M arcelo B lan co)
C .B I E N N I A L R E V I E W O F C I T Y 'S C O N F L I C T O F I N T E R E S T C O D E A d op t a Resolu tion resc in d i ng Resolu tion N o. 65 70 in its ent irety and ad op ting a con fli ct of interest cod e ap p l icab l e to d esi g n ated p ositions, in clud in g m em b ers an d st aff of t he S uccessor A g en cy to t he U p land C om m u nity Red evelop m en t A g en c y, U p l and P ub li c F inan cing A uthority, S u ccessor A g en cy to t h e Up lan d H ou si ng A uthority, C i ty of U p lan d Parking A u th ority, an d t he C it y of U p land F i nan ci ng A u th ori ty. (S t aff Pers on: Keri J oh nson)
D.T R E A S U R E R 'S R E P O RT A U G U S T 2 02 2
Receive and file th e A u g u st 20 22 Treasu rer's Rep ort. (S taff Person :

S tep h en Parker)
E .F A C I L I T Y U S E P O L I C Y A N D P R O C E D U R E S A p p rove t he Faci li ty U s e Pol ic y, effective O ct ob er 1 , 2 02 2. (S taff Person :

S tep h en Parker)
F.A L I C E N S E A G R E E M E N T F O R T H E U S E O F R E A L P R O P E R T Y A D D R E S S E D A S 12 99 S A N B E R N A R D I N O R O A D (A P O R T I O N O F A S S E S S O R S PA R C E L N U M B E R 10 46 -83 -01 ) B E T W E E N T H E C I T Y O F

U P L A N D A N D S A N A N TO N I O R E G I O N A L H O S P I TA L A p p rove th e Parkin g Li cen se A g reem ent b et w een th e C i ty of U p lan d and S an A nt oni o Reg ional H os p i tal for real p rop erty ad d res sed as 12 99 S an B ernard ino Road (p ortion of A P N 10 46 -18 3-0 1) an d au t h oriz in g t he C ity M an ag er t o execu te all d ocum ent s rel ated th eret o. (S taff Pers on : S tep hen Parker)
G .A P P R O V A L O F 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 S W I T H

W I L L D A N F I N A N C I A L S E R V I C E S F O R A N N U A L C O M P L I A N C E

R E Q U I R E M E N T S R E L A T I N G TO P U B L I C D E B T I S S U A N C E S A N D

C O M M U N I T Y FA C I L I T I E S D I S T R I C T A D M I N I S T R A T I O N A p p rove P rofes si onal S ervices A g reem en t s with W i ll d an F i nan ci al S ervices for fi n an ci al services relat ed to d eb t i ss u an ces in an am oun t n ot to exceed $4 0,0 00 an d an n u al C om m u n it y Faci li ti es D ist rict ad m in istration in an am ou nt n ot to exceed $7 1,0 00 ; an d au t h orize t h e C it y M anag er to execute th e ag reem en ts. (S taff Person: S tep hen Parker) H .B E V E R A G E C O N TA I N E R R E C Y C L I N G C I T Y/C O U N T Y PA Y M E N T

P R O G R A M G R A N T
A ccep t th e C al Recycle B everag e C ontain er Recycling C ity/C ou nty Paym ent P rog ram (Recyc le F un d ing C ycl e F Y 2 02 1-2 2) G rant Award of $1 9,7 00 and ap p rop riate the fu nd in g . (S taff Person : B rad en Yu)

11.P U B L I C H E A R I N G S
A .C O N S I D E R A T I O N O F Z O N I N G C O D E T E X T A M E N D M E N T N O. 22 -00 02 , A N O R D I N A N C E A M E N D I N G U P L A N D M U N I C I PA L C O D E 1 7.1 5.1 30 P O L I T I C A L C A M PA I G N S I G N S – G E N E R A L.

Th e C it y C oun ci l w il l con d u ct a p ub lic hearin g to con si d er an O rd in ance am en d ing C h ap t er 17 .15 .13 0 of the U p l an d M un ic ip al C od e reg ard ing p olitical cam p aig n sig ns. (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 )H old fi rs t read ing b y title on ly, waive fu rt her read in g , and in trod u ce an O rd in ance am en d ing Up lan d M u nicip al C od e S ec ti on 17 .15 .13 0 (Political
C am p aig n S ig ns - G en eral ), Zoning C od e Text A m end m en t N o. Z A-22 -00 02 .

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 .P U B L I C S A F E T Y C O M M I TT E E M E E T I N G , S E P T E M B E R 1 9, 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 A T I O N O F A N O R D I N A N C E A M E N D I N G T H E P O W E R S A N D

D U T I E S O F T H E C I T Y M A N A G E R I N T H E U P L A N D M U N I C I PA L C O D E H old first read in g b y t it le only, w aive furth er read i n g , an d i n t rod u c e an O rd in ance am en d ing th e C ity M anag er Powers an d D u ties section of th e Up lan d M un icip al C od e. (S taff Person : S tep h en Parker) B.A M E N D M E N T N O. 1 TO C O O P E R A T I V E A G R E E M E N T W I T H T H E C O U N T Y

O F S A N B E R N A R D I N O F O R J O I N T R O A DW A Y I M P R O V E M E N T S A p p rove A m en d m ent N o. 1 to th e C oop erative A g reem ent w ith th e C ou nty of S an B ern ard in o; au th orize t h e ap p rop ri ati on of $1 ,29 2,5 00 from th e G eneral F un d I nfrastru cture I m p rovem en t Reserve; an d , au th orize the C ity M an ag er to execute th e A m end m en t. (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 C it y C ou n c il will ad jou rn in m em ory of D ave D arrow, 25 year resi d en t and U p land Police D ep art m en t V I P. T he next reg u larly sched uled C ity C ou ncil m eeting is M on d ay, O ctob er 1 0, 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 S e p t e m b e r 2 1 , 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.

ORDINANCE NO. 1967

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, REPEALING UPLAND MUNICIPAL CODE CHAPTER

12.40 AND ADDING CHAPTER 12.46 TO CREATE AND

IMPLEMENT AN EFFECTIVE PROCEDURE TO REGULATE

CAMPING AND STORAGE OF PERSONAL PROPERTY TO

PROTECT PUBLIC HEALTH AND SAFETY
THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

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

B. The City has seen a proliferation of public nuisances related to unlawful camping and storage of personal property activities, including, but not limited to, increased visual blight and interference with pedestrian and vehicular traffic.

C. It is the City’s duty to keep its public rights of way clean and available for public use, and to protect the public health, safety, and access by City constituents.

D. The City wishes to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents and exhausts alternative models to promote compliance.

E. The City now desires to add Upland Municipal Code (“UMC”) chapter

12.46 to create and implement an effective procedure to regulate camping and storage of personal property activities and abate related nuisances, and thereby, help protect the health and safety of City residents.

Section 2. UMC chapter 12.40 (Unlawful Camping and Storage of Personal Property) is hereby repealed in its entirety.

Section 3. UMC chapter 12.46 (Camping and Storage of Personal Property) is hereby added, and is to read in its entirety as follows:

Chapter 12.46

CAMPING AND STORAGE OF PERSONAL PROPERTY
Sections:

12.46.010 Purpose

12.46.020 Definitions

12.46.030 Unlawful Camping

12.46.040 Storage Of Personal Property

Ordinance No. 1967

12.46.050 Receiving Personal Property

12.46.060 Notice

12.46.070 Failure To Remove Personal Property

12.46.080 Holding Of Personal Property; Repossession By Owner

12.46.090 Evidence In A Criminal Case

12.46.100 Disposition After Holding Period

12.46.110 Enforcement

12.46.010 Purpose
The purpose of this Chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate homelessness or criminalize any unavoidable consequences of being homeless.

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

A. “Abandoned Personal Property” means Personal Property that the owner abandons, surrenders, relinquishes, or disclaims. Indicia of Abandoned Personal Property include, but are not limited to, Personal Property found where nobody in the immediate vicinity claims ownership; and Personal Property left on private real property for any period of time without the permission of a person in possession or control of the real property.

B. “Camp” means to place, pitch, or occupy Camp Facilities; to live temporarily in a Camp Facility or outdoors; or to use Camp Paraphernalia for the purpose of temporary or permanent human habitation.

C. “Camp Facilities” mean and include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, or temporary shelter.

D. “Camp Paraphernalia” means and includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

E. “Chief of Police’s Designee” means and includes the Chief of Police or the person designated by the Chief of Police to fulfill the responsibilities required by this Chapter.

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

Ordinance No. 1967

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

H. “Establish” means setting up or moving equipment, supplies, or materials onto Public or Private Property to Camp or Operate Camp Facilities.

I. “Maintain” means keeping or permitting equipment, supplies, or materials to remain on Public or Private Property.

J. “Operate” means participating or assisting in establishing or maintaining a Camp or Camp Facility.

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

L. “Personal Property” means any and all tangible items including, but not limited to, goods, materials, merchandize, Camp Paraphernalia, luggage, backpack, books, clothing, documents, household goods, and medication.

M. “Private Property” means all privately owned real property.

N. “Public Property” means all public agency owned, possessed, controlled, or operated real property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land, and parks.

O. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

12.46.030 Unlawful Camping
A. It is unlawful and a public nuisance for any person to: Camp; establish, maintain, allow, operate, or occupy Camp Facilities; or use Camp Paraphernalia, in the following areas—

1. Any public or private street or right-of-way, including sidewalks, bus stops, and public landscaping.

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

3. In, on, under, or adjacent to any structure not intended for human occupancy.

4. In, on, under, or adjacent to a parked vehicle on any Public or Private Property, including, but not limited to, an automobile, bus, truck, camper, trailer, or recreational vehicle.

Ordinance No. 1967

5. Within 10 feet of any other Camp Facility or Camp
Paraphernalia.

B. The prohibition on Camping in this Section shall not apply to the following:

1. Camping on residential Private Property with consent of the person in possession or control of the Private Property, and where such use does not violate any provision of this Code or State law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way.

2. Camping where specifically permitted within City-approved campgrounds or facilities.

3. Camping in connection with a special event as authorized by the City through issuance of a permit pursuant to this Code.

C. The exceptions contained in Subsection (B) of this Section do not apply where Camping is conducted in such a manner as to: create inadequate sanitation or other public nuisance; violate any law; constitute a use of land prohibited by zoning regulations due to the frequency, intensity, or duration of the Camping; be prohibited under any other provision of this Code concerning the use of mobilehomes; be contrary to any fee, charge, or other monetary consideration that is collected for the privilege of Camping or for any services or the use of any facilities related thereto, other than at City-approved campgrounds or facilities.

D. Nothing in this Chapter is intended to prohibit or make unlawful activities of a property owner or lawful tenant of Private Property that are incidental to the lawful and authorized use of Private Property for residential or other approved and legal purposes. Nothing herein is intended to prohibit or make unlawful activities of a property owner or other lawful tenant if such activities are expressly authorized by the City's zoning ordinances, other ordinances, or regulations.

12.46.040 Storage Of Personal Property
A. It is unlawful and a public nuisance for any person to store Personal Property in any of the following areas, except as otherwise approved by the City Manager’s Designee or as permitted by this Code or State law:

1. Any public or private street or right-of-way, including sidewalks, bus stops, and public landscaping.

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

Ordinance No. 1967

B. Personal Property stored in violation of this Section shall be subject to impoundment and/or disposal pursuant to the procedures in this Chapter.

12.46.050 Receiving Personal Property
The Chief of Police’s Designee shall make provisions for safekeeping Personal Property received by the City. In the event the Personal Property is delivered to the City by a person other than a City employee or agent, a receipt shall be issued to that person, unless the property was found in the course of employment by an employee of the City.

12.46.060 Notice
A. No Notice for Intentionally Abandoned, Dangerous, or Perishable Property, Contraband, or Waste. Unlawfully stored Personal Property that is believed in good faith to be intentionally Abandoned or which presents an immediate threat to public health or safety, is perishable, is contraband, or which clearly constitutes waste or trash as defined by this Code may be disposed of without any notice.

B. No Notice for Contraband or Evidence in Criminal Case.

Unlawfully stored Personal Property that constitutes contraband or evidence in a criminal investigation may be impounded without notice.

C. Pre-Removal Notice. Where Personal Property not subject to Subsections (A) or (B) of this Section is found by an Enforcement Official, the Enforcement Official shall leave a written 24-hour notice in a conspicuous place at or near where the Personal Property is found. Such notice shall state that the storage of Personal Property is in violation of this Chapter and may be subject to impoundment and disposal if not removed within the 24-hour period.

D. Notice Upon Impoundment. If Personal Property has not been removed after 24 hours of providing any required notice under Subsection (C) of this Section, the City may impound the Personal Property. The City shall provide a written notice, in a conspicuous place at or near where the Personal Property was located, advising where the Personal Property is being kept and when and where it may be claimed by the owner.

E. Notice Signs. The City may erect signs in commonly affected areas to provide the notices required under this Section.

12.46.070 Failure To Remove Personal Property
It is unlawful and a public nuisance to fail to remove Personal Property within 24 hours of receiving written notice requiring removal. Moving Personal Property to another location where storage is prohibited by this Chapter shall not constitute compliance with removal.

Ordinance No. 1967

12.46.080 Holding Of Personal Property; Repossession By Owner A. Personal Property coming into possession of the Chief of Police’s Designee pursuant to this Chapter shall be deposited in a safe place for a period of at least 90 days. In the event such Personal Property is not claimed within the 90 days, it shall be deemed Abandoned Personal Property, subject to disposition as provided in this Chapter or as otherwise permitted by law.

B. The owner of the Personal Property may repossess the Personal Property upon submitting satisfactory proof of ownership during the 90-day holding period. A person may establish ownership by, among other methods, describing the location where the Personal Property was found and providing a specific and detailed description of the Personal Property. If ownership cannot be determined to the satisfaction of the Chief of Police’s Designee, the Chief of Police’s Designee may refuse to return the Personal Property. If the Chief of Police’s Designee refuses to return Personal Property, the City shall continue to hold the Personal Property for the remainder of the 90-day period.

During that time, if the Chief of Police’s Designee is given notice that a legal action has been instituted to reclaim the Personal Property, then the Personal Property shall continue to be held until that legal action is resolved.

C. If ownership is determined, the owner shall be required to pay the reasonable costs incurred by the City for impoundment and storage prior to the return of the Personal Property, unless a financial hardship waiver is submitted to the City by the owner on forms authorized by the City and such waiver is approved by the Chief of Police’s Designee.

12.46.090 Evidence In A Criminal Case
Notwithstanding Section 12.46.080 of this Chapter, where Personal Property is impounded for use as evidence in a criminal case, such Personal Property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et sequentes.

12.46.100 Disposition After Holding Period
Upon the expiration of any holding period for received Personal Property required pursuant to this Chapter, any remaining Personal Property not claimed by or returned to the owner may be appropriated to the City upon order of the City Manager’s Designee that the Personal Property is needed for a public use. Any Personal Property not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the City Manager’s Designee. If Personal Property constitutes money, such money shall be deposited into the City's general fund to offset the cost of administering this Section.

Ordinance No. 1967

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

B. Any person who engages in a violation of this Chapter shall be subject to the penalties and remedies provided by this Section.

C. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of, or failure to comply with, any of the provisions of this Chapter is committed, continued, or permitted by such person, and each instance shall be deemed punishable.

D. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

E. The City may enforce any violation of this Chapter by any and all means available by law including, but not limited to, a restraining order, preliminary or permanent injunction, or criminal or administrative enforcement.

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

G. Except as provided in Subsection (H) of this Section, no citation for a violation of Section 12.46.030 of this Code, whether criminal or administrative, shall be issued to any person unless, at the time in question, the Enforcement Official, in his or her reasonable discretion, is able to make an affirmative determination that there is a sleeping space practically available to such person in a shelter, based on the information known to the Enforcement Official at the time. In determining whether a sleeping space in a shelter is practically available to a person, the Enforcement Official shall consider the specific circumstances of the person and the specific policies and requirements of the shelter, including the following:

1. The means of transportation available to such person.

2. The distance between the homeless shelter and the location of the person.

3. The opening, closing, and check-in times of the homeless shelter.

4. Limitations on the amount of consecutive nights a person can stay at the shelter, or other similar requirements.

5. Any other circumstance of the person, or any policy or requirement of the homeless shelter, known by the Enforcement Official, that would make the shelter practically unavailable to the

Ordinance No. 1967

person, even if the shelter would be practically available to someone else.

6. A shelter shall not be considered to be practically available under this Subsection if it requires a person to participate in religious activities as a condition of receiving a sleeping space.

7. A shelter shall not be considered unavailable under this Subsection if the person is precluded from accessing the shelter solely based on their refusal to comply with the reasonable requirements of the shelter or the person is excluded from the shelter due to past violations of the shelter’s requirements.

H. Notwithstanding Subsection (G) of this Section, no person may obstruct any public or private right-of-way either with their person, or with their Personal Property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic, or interferes with the use and enjoyment of public parks or facilities. Upon notice by an Enforcement Official, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance.

Any Personal Property that is creating an obstruction as described in this Subsection and is not removed following notice may be impounded as provided in this Chapter.

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

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

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

Ordinance No. 1967

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

PASSED, APPROVED, and ADOPTED this 26th day of September, 2022.

______________________________
Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 12th day of September 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 26th day of September, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST: ______________________________
Keri Johnson, City Clerk

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

D A T E :S ep tem b er 2 6, 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 :B I E N N I A L R E V I E W O F C I T Y'S C O N F L I C T O F I N T E R E S T C O D E

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at t he C it y C ou ncil ad op t a Resol u t ion res ci n d in g Res olu ti on N o. 6 57 0 in its entirety and ad op t in g a c onfl ic t of i n t eres t cod e ap p l ic ab l e t o d esi g n ated p osition s, in clud in g m em b ers and s taff of th e S uccessor A g en cy to th e U p l an d C om m u nity Red evelop m ent A g en cy, Up lan d P u b lic F in ancin g A u th ority, S u ccessor A g ency to the Up lan d H ousin g A u th ori ty, C ity of U p land Parkin g A uthority, an d the C i ty of U p lan d F in ancin g A u th ority.

G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity's g oal to com p ly w ith S tate reg ulations.

B A C K G R O U N D
Th e Poli ti cal Reform A ct req uires every loc al g overnm ent ag ency to ad op t a c onfl ic t of interest cod e d es ig n at in g p osit ion s req uired to fil e S tatem en ts of E conom ic I nterests (Form 7 00 ), an d assig ning d isclosure categ ories sp ecifyin g the typ es of in terests to b e rep orted .

Th e p u rp os e of th e C od e i s t o id ent ify t hose in d ivid uals w h o m ake or p art icip ate in g overnm ental d ecision s, b ased on th e p osi ti on s t h ey h ol d , w h ere i t is foreseeab le th at the d ecision w ill h ave a fin ancial im p act on th eir p erson al finan ces, or other fin ancial in terests. T he C ity m u st con d u ct a b ienn ial review of i ts C on fli ct of I n terest C od e t o d et erm in e if it is accurate, or if the C od e m ust b e am en d ed .

I S S U E S /A N A L Y S I S
Th e C on fli ct of I n terest C od e was last u p d at ed in 2 02 0. S ince that ti m e several job classification t it les have b een ad d ed or revised . A d d it ion all y, it has b een d eterm i ned th at the

L ib rary B oard m em b ers are n ot req u ired to b e inclu d ed in th e C on flict of I n terest C od e.

A ll p osi ti on s are listed on A p p en d i x 1 of t he C ity, A g en cy, and A uthority Resol u t ion . C h ang es are i nd icated in red lin e T he g ift li m i t p rohib its th e receip t of g i fts in exc ess of $52 0 from any sing le source in a calen d ar year. T his am oun t is chan g ed p eriod ically b y the S tate.

F I S C A L I M P A C T S
Th ere are no sig nificant costs associated w ith the ad op tion of th e C on flict of I n terest C od e.

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
Redline Resolution updating the Conflict of Interest Code

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND RESCINDING RESOLUTION NO. 6570 IN ITS

ENTIRETY AND ADOPTING A CONFLICT OF INTEREST

CODE APPLICABLE TO DESIGNATED POSITIONS,

INCLUDING MEMBERS AND STAFF OF THE SUCCESSOR

AGENCY TO THE UPLAND COMMUNITY REDEVELOPMENT

AGENCY, UPLAND PUBLIC FINANCING AUTHORITY,

SUCCESSOR AGENCY TO THE UPLAND HOUSING

AUTHORITY, CITY OF UPLAND PARKING AUTHORITY AND

THE CITY OF UPLAND FINANCING AUTHORITY

WHEREAS, The California Fair Political Practices Commission has adopted Section 18730 of Title 2 of the California Code of Regulations which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and

WHEREAS, A Conflict of Interest Code for City officials, employees and commissioners was adopted on September 24, 2018 by Resolution No. 6468; and

WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code in all even-numbered years.

WHEREAS, Since the last revision of the City of Upland Conflict of Interest Code on September 24, 2018, it has been determined that there are proposed revisions to the Code; and

WHEREAS, City staff has also revised the disclosure requirements for consultants in the Conflict of Interest Code to reflect the definition of “consultant” in FPPC Regulation Section 18700.3(a); and

NOW THEREFORE, the City Council of the City of Upland does hereby resolve, find, determine, and order as follows:

Section 1. Resolution No. 6570 is hereby rescinded.

Section 2. In compliance with Government Code Section 87300, the City Council hereby adopts the FPPC’s Model Conflict of Interest Code authorized by 2 CCR § 18730 and the attached Exhibit “A” Conflict of Interest Code, Appendix 1, Designated Employees, and Appendix 2, Disclosure Categories.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. Effective Date. This Resolution shall become effective upon adoption.

Resolution No.

PASSED, APPROVED AND ADOPTED this 26th day of September, 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 26th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT “A”

CONFLICT OF INTEREST CODE OF THE CITY OF UPLAND

The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices "1" and "2" in which officers and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Upland.

Pursuant to Section 4 of the standard code, designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Upland.

These Statements shall be retained by the City Clerk. Statements of Economic Interest of members of the City Council, City Manager, City Attorney, members of the City Planning Commission, Director of Finance and Treasurer, shall be filed with the City Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.

APPENDIX 1

DESIGNATED EMPLOYEES

CODE FILERS DISCLOSURE CATEGORIES

Mayor and Council Member 1

City Attorney 1

City Manager 1

City Treasurer 1

Planning Commission Member 1

DESIGNATED POSITIONS DISCLOSURE CATEGORIES

ADMINISTRATIVE SERVICES DEPARTMENT

Human Resources/Risk Management Division

Human Resources/Risk Manager 2

Finance Division

Finance Officer 2

Accounting Supervisor 2

Utility Billing and Customer Service Supervisor 2

Utility Billing and Business License Inspector 2

IT Division

Information Technology Manager 2

Animal Services

Animal Services Supervisor 2

CITY MANAGER’S DEPARTMENT

Assistant and Deputy City Attorney 1

Assistant City Manager 1

COMMUNITY SERVICES DEPARTMENT

Recreation Division

Recreation Manager 2

Recreation Supervisor 2

Recreation Coordinator 2

DEVELOPMENT SERVICES DEPARTMENT

Development Services Director 1

Planning Division

Counter Development Services Technician 3

Planning Manager 2

Associate Planner 2

Assistant Planner 2

Senior Planner 2

Building Division

Building Official 2

Plans Examiner 2

Senior Building Inspector 2

Building Inspector I 2

Building Inspector II 2

Senior Development Services Technician 3

Counter Development Services Technician 3

Housing Division

Development Services Housing Manager 2

Housing Coordinator 2

Economic Development Coordinator 2

Resolution No.

POLICE DEPARTMENT

Chief of Police 1

Police Captain 2

City Prosecutor 1

PUBLIC WORKS DEPARTMENT

Administration Division

Public Works Director/City Engineer 1

Operations Division

Maintenance Supervisor 2

Operations Manager 2

Engineering Division/Capital Improvements

Engineering Manager 2

Senior Engineer 2

Associate Engineer 2

Assistant Engineer 2

Public Works Inspector II 2

Senior Public Works Inspector 2

Engineering Division/Land Development & Transportation

Principal Engineer 2

Associate Engineer 2

Assistant Engineer 2

Engineering Technician 3

Water Division

Utilities Operation Manager 2

Resolution No.

Utility System Supervisor 2

Senior Public Works Inspector 2

Sewer Division

Environmental Quality Administrator 2

Assistant Engineer 2

Associate Engineer 2

CONSULTANTS

Consultant *See Next Page

BOARDS AND COMMISSIONS

Airport Land Use Commission Member 1

Building Appeals Board Committee Member 1

Library Board Member 1

Personnel Board of Review Committee 1
Member

OTHER

Any newly formed position w/decision making authority 1

*Consultants: Disclosure Requirements1

Designated Consultants

Disclosure Requirements
Consultants who make (not just
recommend) governmental
decisions, such as whether to approve
a rate, rule, or regulation, whether to
issue, deny, suspend, or revoke any
permit, license, application, certificate
or similar authorization, adopt or grant
City approval to a plan, design, report,
study, or adopt or grant City approval
of policies, standards, or guidelines for
the City or any subdivision thereof.

Disclosure Category 5.

Consultants who serve in a staff
capacity with the City, and in that
capacity participate in making a
governmental decision by providing
information, an opinion, or a
recommendation for the purpose of
affecting the decision without significant
intervening substantive review.

Disclosure required at the same level as
a comparable designated position in the
same or similar City Department
identified elsewhere in this Code.

Consultants who perform the same
or substantially all the same duties
for the City that would otherwise be
performed by an individual holding a
designated position in the City’s Conflict
of Interest Code.

Disclosure required at the same level as
the comparable designated position
identified elsewhere in this Code

1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of “Designated Consultants” must file disclosure statements.

APPENDIX 2

DISCLOSURE CATEGORIES

1. Full Disclosure – All interests in real property as well as investments, business positions and sources of income, including gifts, loans, and travel payments.

2. Full Disclosure – (excluding interests in real property) – Investments and business positions and sources of income, including gifts, loans, and travel payments.

3. Interest in Real Property – Interests in real property located in the city, including property located within two mile radius of any property owned or used by the City.

4. General Contracting – Investments, business positions and of income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City.

5. Consultants in Disclosure Category 5 -- All reportable interests contained in Disclosure Category 1 unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the section.

If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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

D A T E :S ep tem b er 2 6, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

LO N D A B O C K-H E L M S C PA , F I N A N C E O F F I C E R S U B J E C T :T R E A S U R E R 'S R E P O R T A U G U S T 20 22

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

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

B A C K G R O U N D
Per C aliforn ia G overn m en t C od e S ect ion 53 64 6(b ), the C it y's treasu rer or ch ief fi sc al officer m ay rend er a treasu rer's rep ort t o th e C it y C ou n c il on a q uarterly b asi s. Th e C ity has elected to p rovi d e th is rep ort t o C i ty C ou nc il m onthly, b u t th e C i ty's I n vest m en t Pol ic y (ap p roved M ay 23 , 20 22 ) req u ires th e I nvestm ent O ffic er to p rovid e a rep ort q u art erl y t o t he F inan ce C om m ittee at reg u larly s ch ed u led m eet in g s . T his rep ort shall i nclu d e t he t yp e of in vestm en t, issu er, d ate of m atu ri ty, p ar, an d d ol lar am ou n t in vest ed on all secu rities, cu rrent m arket value as of th e d at e of th e rep ort , investm ent s and m on ies h eld b y th e local ag en cy, and shall ad d ition ally inclu d e a d esc ri p t ion of an y of th e l ocal ag en cy's fun d s, i nves tm ent s, or p rog ram s, th at are u nd er t he m an ag em ent of con tract ed p arties, i n c lu d i n g lend in g p rog ram s. Th e rep ort sh all in cl u d e a st atem ent of c om p li an c e wi th t he in vest m en t p olicy an d s hal l in clud e a statem ent n oting t h e C ity's ab ilit y t o m eet i ts exp en d it u re req u irem en ts for th e n ext six m on th s.

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

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

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

AT TAC HM E NT S :

Description
T reasurer's Report August 2022

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

D A T E :S ep tem b er 2 6, 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 , A S S I S TA N T C I T Y M A N A G E R

J E S S I C A G A N D A R A , R E C R E A T I O N M A N A G E R S U B J E C T :FA C I L I T Y U S E P O L I C Y A N D P R O C E D U R E S

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at the C i ty C ou n ci l ap p rove th e Facility U s e Poli cy, effec ti ve O ct ob er 1, 20 22 .

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 i ty's g oal t o p rovid e g u id an c e, con si st en c y, accou ntab ility, efficien cy, an d clarity on h ow th e C ity op erates.

B A C K G R O U N D
Th e C it y of U p lan d h as sp aces avail ab l e for reservations th rou g h out t h e c om m un it y and as staff b eg in s t o tran s it ion to p ost-p and em ic op erat ion s, i t i s vital t o im p l em en t s tru c tu re to p olicies and p roced ures for said sp aces.

Th e C i ty has long st and in g p artn ership s w it h com m u n i ty g roup s w hich h as, over t im e, led to in con sistent p ractices for facility us e. S ett in g reg u lat ion s for facility u se is a c om m on p ractice across th e in d u st ry an d t he Rec reat ion an d C om m u n i ty S ervi ces st aff h ave p rop osed p olicies and p roced ures that w e b elieve are in ten tional, fair, and eq u itab le for all u sers.

I S S U E S /A N A L Y S I S
Th is p rop osed p olicy u n d er consid erat ion rep resen ts facility ren tal b est p ract ic es, m any of w hich w ere p reviously d ocu m en ted and follow ed in U p land . Th ere are a nu m b er of m od ification s req u ested , h ow ever, the m ost sig n ifican t on es are outlined b elow :

1. G rou p 2 u sers i n c lu d e t h e U p l an d U n ifi ed S ch ool D i st ri ct (U U S D ) an d other Up lan d C om m u nity B as ed O rg an izations (U C B O s). T hese org an izati ons cu rrently have u nlim ited access to facilities, with out ad vance reservation, w hich p resents p otential safety con cerns. Th rou g h t he new p olicy, th is g rou p is lim it ed to on e (1 ) weekd ay reservation p er week and t h ree (3) w eekend reservati ons p er year, u nless ap p roved b y the Recreation an d C om m un ity S ervices M anag er or d esig nee. A d d ition ally, con sistent w ith p rior p rac ti ce, t he U C B O s are p erm it ted th e u se of the L an d ecen a C om m u nity B uild in g at n o charg e. Res ervat ion s at altern ate l ocat ion s w ill b e c harg ed at th e ap p roved facility use rates.

2. Transaction s b et w een s taff an d c us tom ers in clud in g reservation req u est form s, p aym ents, and ag reem en ts wi ll take p l ace in -p erson . S t aff c an assess th e nature of the event, b ett er d et erm in e p ot ent ial req u irem en ts , and en su re that reservati on s are com p leted correctly th e first tim e throug h face-to-face in teraction s with cu stom ers.

3. Th e Policy, Reservation Req u est Form , and A g reem ent w ill p rovid e g uid an ce, consisten cy, accoun tab ility, efficien cy, an d clarity for staff an d custom ers.

4. S ections for G en eral Ru les an d Reg ulations, K itchen U s e, D ecoratin g , C and les an d O p en F lam es, A m p l ifi cat ion System s, an d A lcoh ol h ave b een i nc lu d ed an d en han ced from p reviou s ren tal d oc u m en t s t o ensure ap p rop riate u se of com m u n i ty facil it ies b y all reserving p arties. A p p lican ts will b e req u ired to ackn ow led g e all rules and reg u lation s up on ap p roval of the reservation an d will b e p rovid ed sig n ed cop ies for th eir record s.

F I S C A L I M P A C T S
A d d itional revenu es w ill b e rec eived u p on th e im p lem ent ation of t hi s p ol ic y an d th e recently ap p roved user fee u p d ates.

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 acility Reservation P olicy
F acility Reservation P acket

ADMINISTRATIVE POLICY AND PROCEDURE Number
Effective 10/2022
Revised

CITY FACILITY RESERVATIONS

1. PURPOSE

The City of Upland’s community facilities are available for use by organizations and the general public for cultural, social, and recreational activities and programs. Facility usage for these purposes is coordinated by the Recreation and Community Services Division.

The City does its best to accommodate all facility usage requests, as space and time permits.

This policy outlines the regulations, procedures, fees, and priority systems for the use of City facilities. This policy was designed to provide for the safe, efficient, and equitable use of the facilities.

The City works to ensure that the programs and facilities offered meet the needs of the community and that access to them is as economically feasible as possible. Fees, when charged, are used to offset public expenses and to operate, maintain, supervise, and administer the use of the park and City facilities.

The City is responsible for the initiation, review, and recommendation of plans for the acquisition and improvement of parklands and facilities and to recommend program improvements or additions when necessary. The City takes into consideration present and future needs of the community and recommends plans to meet those needs. When making recommendations, the City considers the needs of the entire community without bias towards special interest groups.

The following statements, rules, and regulations constitute the Facility Use Policy for the City of Upland.

It shall be the responsibility of the City Manager and/or designee to grant use of City facilities to individuals or organizations according to the terms and conditions set forth in the Facility Use Policy.

2. FACILITIES

Carnegie Library, 123 East “D” Street, Upland
• Maximum capacity: 80/table seating 90/audience seating • Equipment included with reservation fee:
o Tables, chairs, and kitchenette.
o Audio/visual, if available.

George M. Gibson Senior Center, 250 N. Third Avenue, Upland • Dining Room maximum capacity: 125
• Arts & Crafts Room maximum capacity: 30
• Equipment included with reservation fee:
o Tables, chairs, kitchen, dual-entry refrigerator, and ice maker. o Audio/visual, if available.

Landecena Family Community Center, 1325 San Bernardino Road, Upland • Maximum capacity: 125
• Equipment included with reservation fee:

o Tables, chairs, and kitchenette.
o Audio/visual, if available.

Magnolia Recreation Center, 651 W. 15th Street, Upland
• North Hall maximum capacity: 150
• South Hall maximum capacity: 125
• Equipment included with reservation fee:
o Tables, chairs, and kitchen (North Hall only). Audio/visual, if available.

Historic Downtown Upland Gazebo, 9th Street & 2nd Avenue, Upland • Maximum capacity: Based on event request
• No equipment included with reservation fee

San Antonio Park Waiting Station, 24th Street & Mountain Avenue, Upland • Maximum capacity: 50
• No equipment included with reservation fee

Veterans’ Monument, 460 N. Euclid Avenue, Upland
• Maximum capacity: 500
• No equipment included with reservation fee
• For use for memorial services of fallen soliders, Veterans, and federally recognized military holidays.

All facilities are available during normal operating hours. Any use during non-operating hours requires special approval of the City and the availability of Facility Attendants. An additional charge for staffing facilities after hours will be applied. Facilities may not be available due to prior programming and/or other City obligations.

Facilities will be closed on the following observed holidays: Martin Luther King Jr. Day, Presidents’ Day, Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day/Day After Thanksgiving, and Christmas Eve through New Year’s Day.

3. DEFINITIONS

3.1 Applicant: An individual (18 years of age or older) or organization, that submits a completed City of Upland “Facility Request Form ” and required payment to use a City of Upland facility pursuant to the terms of this Use Policy. The date requested by the applicant will be held provided that all terms and conditions of this policy are met.

3.2 Facility Coordinator: The Recreation Coordinator responsible for handling facility reservation operations.

3.3 Facility Use: City facilities are intended to be used for meetings, workshops, trainings, special events, parties, forums, and other community related events.

3.4 General Meeting: A meeting open to the membership of the organization. This general meeting is for the sole purpose of conducting official business for the organization, not to include outside factors such as caterers, vendors, entertainment, or any type of outside business.

3.5 Governmental Agencies: Includes the following agencies: San Bernardino County agencies, districts, and authorities; State of California departments, multi-city organizations, and Joint Powers Authorities to which the City belongs; and federal agencies.

3.6 Upland Community Based Organization: A 501(c)(3) organization with Articles of Incorporation listing them as an Upland-based non-profit. A copy of their Articles of Incorporation shall be submitted as a condition of an organization receiving classification in this group. Organizations must be in good standing with all state and federal agencies

3.7 Upland Unified School District: Any school-based clubs, boosters, social, or sports groups within the Upland boundaries.

3.8 Facility Attendant: The designated Recreation staff assigned to monitor activities at facilities.

4. USER GROUPS

4.1 GROUP 1: Internal

4.1.1 City of Upland sponsored and co-sponsored classes, events, and lknlmlllk programs, and governmental agencies serving Upland residents.

4.2 GROUP 2: Upland community-based organizations (UCBOs) and Upland Unified School District.

4.2 GROUP 3: Upland residents or businesses.

4.3 GROUP 4: Non-resident or for-profit organizations.

5. USER GROUPS RESERVATION PRIORITY

5.1 GROUP 1: May reserve facilities up to twelve (12) months in advance and are limited to twelve (12) bookings per year, unless approved by the Recreation and Community Services Manager or designee. Internal reservations are unlimited.

5.2 GROUP 2: May reserve facilities up to six (6) months in advance.

5.2.1 All Group 2 users are limited to one (1) weekday booking per week,and three (3) weekend bookings per year, unless approved by the Recreation and Community Services Manager.

5.2.2 UCBO users are permitted the use of the Landecena Community Building at no charge.

5.3 GROUP 3: May reserve facilities up to twelve (12) months in advance ; limited to six (6) reservations per year, unless approved by the Recreation and Community Services Manager or designee.

5.4 GROUP 4: May reserve facilities up to six (6) months in advance ; limited to six (6) reservations per year , unless approved by the Recreation and Community Services Manager or designee.

6. RESERVATION POLICIES AND PROCEDURES

6.1 All City of Upland “Facility Reservation Request Forms” must be completed at least thirty (30) days prior to requested date of use.

6.2 “Facility Reservation Request Forms” submitted less than thirty (30) days in advance of the date requested will be accepted only if the facility and required staffing elements are readily available. All applicable fees must be paid at the time of completing a facility contract. Fees paid are subject to Cancellation Policy (can be found in Section 8 of this policy).

6.3 A “Facility Reservation Request Form” must be submitted in person or via email, on a “first-come, first-served basis” at the Magnolia Recreation Center located at 651 W. 15th Street, Upland or via email to [email protected]. Reservations will NOT be taken over the telephone, by text, or social media.

6.4 Upon approval of the "Facility Reservation Request Form", a “Facility Reservation Agreement” will be issued authorizing the requested use of the facility. In person, the applicant must sign the “Facility Reservation Agreement” and agree to all terms and conditions therein. The Facility Coordinator may attach conditions to the contract, as they deem necessary, for the protection of public health, safety, and welfare of the patrons and the facility. All applicable fees must be paid according to terms provided.

Fees paid are subject to Cancellation Policy (can be found in Section 8 of this policy).

6.5 The Applicant shall be assessed and assigned a User Group Classification in accordance with the definitions and priority ranking set forth in Section 4 of this policy.

6.6 The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of request or deny request if they are deemed inappropriate for the facility.

6.7 Applicant shall NOT transfer, assign, or sublet use of the facility, or apply for use on behalf of another person or organization.

6.8 Depending upon the nature of the reservation, the Recreation and Community Services Manager or designee may require additional fees, insurance, and/or security personnel.

6.9 The City reserves the right to deny any application, as deemed necessary for the protection of public health, safety, and welfare of the patrons and facilities. Applications may also be denied for the following reasons:

6.9.1 The Applicant has previously used the facility and failed to comply with applicable rules and conditions, or due to dama ge or lac k of cleaning, and did not receive all o r partial of its cleaning/alcohol deposit back.

6.9.2 The Applicant has twice before cancelled a scheduled event in the facility without prior notice.

6.9.3 All initial deposit(s) will be returned within six (6) weeks of any denial.

7. DEPOSITS AND PAYMENTS

7.1 To reserve a date, 100% of the total reservation fees must be made at the time of the reservation for all reservations $1,000 and under. A minimum payment of 50% of the total reservation fees must be made at the time of the reservation for all reservations over $1,000. The remaining facility reservation balance, cleaning deposit, and alcohol deposit (if applicable) must be paid:

7.1.1 Thirty (30) days prior to the reservations date for weekday reservations.

7.1.2 Sixty (60) days prior to the reservation date for weekend reservations.

7.2 Credit cards (VISA and MasterCard only), cash, personal check, Cashier’s Check, or Money Orders are acceptable methods of payment sixty (60) days or more prior to reservation. Reservation fees paid fifty-nine (59) days or less, may not be made by personal check. Checks must be made payable to “CITY OF UPLAND.” If the Applicant’s check is returned to the City for any reason, a fee will be assessed in addition to any fees due and payment must be made in cash or Cashier’s Check by deadline stated in letter. Additional fees may vary depending on the reservation. Requirements for extra fees may include additional City staff, special equipment use, security personnel, and/or insurance.

7.3 Non-profit organizations must provide payment in the form of check or credit card with the non-profit name imprinted on the form of payment.

7.4 Out-of-state checks and temporary checks will not be accepted.

7.5 Reservation payment will only be accepted after the “Facility Reservation Request Form” has been approved by the Facility Coordinator or designee.

8. CANCELATIONS/CHANGES/REFUNDS

8.1 Cancelations and changes must be made in person, during office hours: Monday through Thursday, 8:00 a.m.- 6:00 p.m. Closed on major holidays. Phone messages, text messages, emails, and social media posts will not be accepted.

8.2 The City will not be liable to applicant for any outside costs incurred due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, City emergencies that cause facilities to open as emergency shelters, governmental acts or omissions, changes in laws or regulations, national strikes, fires, or explosion. If a facility reservation is cancelled for any of the above reasons, applicant will receive a full refund on any facility reservation fees paid.

8.3 A fee of $100 will be assessed for cancelations made at least two (2) weeks prior to the event.

8.4 No refunds other than the deposit will be provided within the last two (2) weeks prior to the event.

8.5 Refunds or credits are issued at the discretion of Upland Recreation and Community Services based on the refund policy and procedures.

8.6 When applicable, refund checks, including refundable deposits are issued to the payer within 3-4 weeks after the conclusion of the reservation. Refunds provided by credit card are issued to the payer within 5-7 business days after the conclusion of the reservation.

8.7 Refunds or credits are issued at the discretion of Upland Recreation and Community Services based on the refund policy and procedures.

9. FACILITY ATTENDANTS

9.1 The Applicant shall be present at all times while City facilities are being used and shall have full access to all activities at any time to ensure that all rules, regulations, and City and state laws are being observed. To utilize any facility outside normal hours, the Facility Coordinator must determine if staff is available. Upon availability, the reserving party will be charged the appropriate fee for the scheduled Facility Attendant. In the event that extra personnel is required to be on duty during certain functions, the reservation group will be required to pay all costs. The number of staff required will be at the discretion of the Facility Coordinator. Some factors that may warrant extra facility attendants are as follows:

9.1.1 Events with more than 100 in attendance

9.1.2 Events needing technical assistance

9.1.3 Events where excessive cleanup will be required

9.1.4 Events held other than normal operating hours, including holidays

10. GENERAL RULES AND REGULATIONS

10.1 The City of Upland reserves the right to suspend use of a facility to those groups or individuals not complying with the established rules and regulations.

10.2 Supervision by facility staff is necessary for the public’s safety and well-being. Facility attendants will be responsible for, and has complete authority over the use of the facility, all equipment, participants, activities alcohol service, and security guard(s) on site.

Facility staff has the authority to request changes in activities or cessation of activities if they do not conform to the facility policies and regulations and/or may cause damage to the facility. Users must comply with these requests and instructions. The City reserves the right to require security whenever it deems it appropriate.

10.3 The Applicant must check in with Facility Attendants at the start time of the reservation and must be present for the entire reservation. The Applicant must clean-up and check- out with Facility staff at the conclusion of the reservation. Group 2 users may designate a representative for reservations if the Applicant is not present.

10.4 The Applicant shall accept full responsibility for damage to equipment or properties and will incur all costs to repair damages to equipment and/or the facility.

10.5 A group must have at least one (1) adult for every ten (10) minors at any given event/meeting.

10.6 A caretaker must accompany participants (children and adults) who are not able to attend to their personal needs for the duration of their stay.

10.7 Neither the City of Upland, nor their agents, officials, employees, and/or volunteers will be held responsible for loss, damage, or theft of equipment, nor articles owned by the Applicant and/or their guests.

10.8 No person shall smoke tobacco, electronic smoking devices, cigarettes, pipes, or cigars at any City of Upland facility, except that tobacco products may be smoked in outside areas designated by the City Manager for and during certain special events.

10.9 Any Applicant desiring to charge an admission fee, donations, and/or sell any items, must submit a written request at the time of the reservation. No monies may be exchanged at the facility without prior written authorization from the Recreation and Community Services Manager or designee. Additional insurance may be required.

Commercial use is permitted with a valid Upland Business License.

10.10 Gambling is not allowed on City property, except Bingo at the George M. Gibson Senior Center.

10.11 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits.

Additional fees may be required. No monies may be exchanged at the facility without written authorization from the Recreation and Community Services Manager or designee. The Applicant must submit a written request at the time of their reservation.

10.12 Animals are not permitted inside City facilities except service animals. Animals being used for commercial or event purposes outside may be permitted by the Recreation and Community Services Manager or designee. The animal(s) must always remain under the control of the Animal Handler. The Animal Handler must provide the necessary insurance per Section 17 of this policy. If approved, an additional deposit may be required.

10.13 Sleeping or lodging is not permitted at City facilities.

10.14 Food and Beverage regulations apply to all reservations. Food service must be provided by a licensed caterer, restaurant, or deli. For all on-site catered services and cooking, a valid San Bernardino County Public Health Permit must be submitted at least thirty (30) days prior to the reservation date.

10.15 All food and beverages must be consumed within designated areas.

10.16 The Facility Coordinator may require any group of any size to have a pre-approved, licensed security guard present during the reservation.

10.17 Events not covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A variance may be required as provided in Section 18 of this policy.

11. KITCHEN USE

11.1 All kitchen areas must be cleaned and returned to the condition found upon Applicant’s arrival.

11.2 All counter tops and equipment must be wiped clean. All spills in refrigerator, microwave, and on floors must be cleaned and/or mopped. All trash from kitchen must be placed in the proper trash receptacles. Failure to appropriately clean the kitchen area may result in loss of a portion of the damage deposit.

11.3 Food and Beverage regulations apply to all reservations. Food service must be provided by a licensed caterer, restaurant, or deli.

11.4 For all on-site catered services and cooking, including food trucks, taco carts, barbecue companies, etc., a valid San Bernardino County Public Health Permit must be submitted at least thirty (30) days prior to the reservation date.

11.5 An Entertainment Equipment Permit Fee is required for all on-site catered services rendered at the event.

12. DECORATING, SET-UP, AND CLEAN-UP

12.1 All event vendors (food, entertainment, DJ, etc.) that will be on-site at a City facility require prior approval by the City. No vendors are allowed on-site without being listed on the Applicant’s approved Vendor List. A Vendor List must be submitted at least thirty (30) days prior to event date.

12.2 All applicants must submit an event floorplan at least thirty (30) days prior to the event and must receive approval prior to event.

12.3 Supplies and items may not be dropped off and vendors may not utilize the facility until the paid contracted time. The Applicant shall discuss with vendors time constraints for

preparations/cleaning in order to determine sufficient time is reserved and available. All unloading and loading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas.

12.4 City equipment may not be moved, rearranged, or altered for purposes other than its intended use. City equipment shall not be removed from any facility.

12.5 The City will provide set-up of City equipment only, prior to facility reservation start-time, based on room facility capacities per City Fire Code regulations.

12.6 All outside equipment plans must be submitted at least thirty (30) days prior to the event and must received approval prior to the event. Equipment includes, but is not limited to:
dance floors, lights, etc.

12.7 Decorations must not be displayed or installed in such a manner that would damage or deface furniture, fixtures, or structure of the facility. The use of duct tape, nails, staples, or other sharp materials or instruments is NOT permitted. Prior approval for adhesive or magnetic materials must be given by the Facility Coordinator or designee.

12.8 The use of indoor/outdoor “cold pyrotechnic displays”, smoke/fog machines, incense, confetti, rice, glitter, birdseed, hay bales, or the release of balloons are NOT permitted.

12.9 Clean-up is the Applicant’s responsibility and includes but is not limited to wiping of table-tops, cleaning of chairs, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter tops and kitchen equipment, all user-owned or leased (non-City owned items) by the end of the reservation.

12.10 Basic cleaning supplies will be provided.

12.11 Storage is not provided at City facilities unless approved by the Recreation and Community Services Manager or designee.

12.12 Any non-City owned personal or rented items brought in for use by the Applicant must be removed prior to the contracted time. Any items left behind are subject to immediate disposal.

12.13 Decorating, set-up, and clean-up must be completed within the approved reservation time. Any fifteen (15) minute increment of time that extends beyond the reserved hours will be billed at twice the hourly event (Facility Reservation Fee and Facility Attendant Fee) rate for the room(s) reserved.

13. USE OF CANDLES AND OTHER OPEN-FLAMED DEVICES

13.1 Fire/open flame use is strictly prohibited in City facilities.

13.2 Sterno heaters for food warming are allowed without a permit if sternos are placed under a chafing dish on a table with no guests seated at the table.

13.3 No on-site cooking at guest tables.

13.4 Propane containers (or similar Class I and II liquid fuels) are prohibited inside City facilities at all times.

13.5 Barbequing will NOT be permitted outside City facilities without prior written approval from the Facility Coordinator or designee. If determined to be approved, any/all outdoor cooking shall only be done in areas specifically designated for such type of cooking and can only be done through a licensed caterer that provides a valid County of San Bernardino Public Health Permit. Caterers may be required to provide necessary insurance per Section 17 of this policy, and an additional deposit may be required.

14. AMPLIFICATION SYSTEM USE

14.1 Amplification systems, including music, blue-tooth speakers, public address systems, DJs, karaoke, film/video systems, and other large systems will not be permitted without prior approval. Additional fees and insurance may be required.

14.2 Only City staff will be allowed to operate any City-owned amplification system.

14.3 A DJ and amplified voices are permitted inside the facility as long as it does not disturb surrounding residents.

14.4 All live entertainment, including DJ’s, must provide their own sound equipment and leads.

14.5 All bands, live entertainment, and music must end by 11:00 p.m. No exceptions.

14.6 The use of profane, defamatory, lewd, vulgar, belligerent, or malicious language will not be tolerated and is grounds for suspension of use. Failure to comply with the amplification system requirements will result in loss of privileges to use system.

14.7 An Entertainment Equipment Permit Fee is required for a DJ or any other entertainment services rendered at the event.

15. ALCOHOL

15.1 Alcohol use refers to ANY beverage that contains alcohol.

15.2 Alcohol is permitted at City facilities with advanced approval by the Recreation and Community Services Manager or designee. An additional deposit and security guard(s) will be required. A permit from the California Department of Alcohol Beverage Control may also be required, depending on the type of event.

15.3 The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and City Ordinances.

15.4 No alcoholic beverages shall be served to any person under 21-years of age. Injuries caused to a person as a result of alcoholic beverages being served to, or consumed by, a minor on City premises, arising off the City premises, or as a result of a lcohol being available on City’s premises, shall be the sole responsibility of the Applicant. The Applicant’s failure to comply, monitor, and enforce this provision is grounds for terminating the activity immediately, with forfeiture of the refundable deposits and all of the facility reservation fees.

15.5 City-approved security guard(s) are required to be present at all events where alcohol is served. Cost of the security is the responsibility of the Applicant and is payable to the City of Upland. Applicant must arrange for security to be available a minimum of sixty (60) days prior to event and pay all fees associated with security. Number of security guards is determined by the number of guests:

15.5.1.1 1-100 guests: 1 security guard

15.5.1.2 101-200 guests: 2 security guards

15.5.1.3 201-300 guests: 3 security guards

15.6 Serving and/or selling of alcoholic beverages may be allowed for a maximum of five (5) consecutive hours. Serving of any alcoholic beverages must end one (1) hour before the scheduled reservation’s conclusion.

15.7 Alcohol may not be served or sold prior to or beyond the approved alcohol service time.

15.8 Alcohol must be distributed in individual servings from behind a table or bar. A server or bartender must monitor the bar at all times. The server(s) must be a member of the catering staff or be a hired bartender. The server(s) must be at least 21-years of age or older and be responsible in ensuring that no minor is served alcohol. The server must ensure that guests are not over-served. The server or bartender may not consume alcohol while on duty.

15.9 Alcohol may only be consumed inside designated reservation area and is not permitted outdoors with the exception of approved outdoor spaces.

15.10 The California Department of Alcoholic Beverage Control (ABC) requires a license when alcohol is being served or sold at an event that is open to the public that requires an admission fee, donation, or “other fee” such as tickets/raffles, or tips. Private parties such as weddings, anniversaries, birthdays, meetings, shall not sell alcohol on their own and must arrange this service through a licensed caterer. The caterer must have a license obtained from ABC, which enables the caterer to sell beer, wine, and distilled spirits. If the caterer does not have this license, the private party cannot sell alcohol. No exception.

It is illegal for a private party to sell alcohol on their own.

15.10.1 A copy of the ABC license must be furnished to the City a minimum of ten , (10) official City working days (Monday – Friday) prior to the reservation ,,,,,, date.

15.10.2 A copy of the ABC license must be posted in plain sight, near the bar, and , other locations where alcohol is being served.

15.10.3 Failure to comply with any regulations will result in immediate revocation of permission to use alcohol and termination of the event without refund.

15.11 The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and City ordinances.

15.12 Any reserving party may only serve alcohol if all fees, deposits, and conditions are met in a timely manner prior to the reservation date.

15.13 Refunds will not be provided for failure to obtain a permit or license.

16. LIABILITY

16.1 The City is not responsible for accidents, injury, or loss of personal property. The individual or organization granted use of the facility will be held responsible for any injury, loss, or damage resulting from such use.

17. INSURANCE REQUIREMENTS

17.1 Insurance is required for any group using City facilities. Insurance shall be as follows:

17.1.1 Applicant shall procure and maintain, at its own cost, comprehensive general liability insurance from an acceptable insurance provider in an amount not less than One Million Dollars ($1,000,000) per occurrence which shall be determined to be acceptable by the Human Resources/Risk Manager covering Applicant against all claims for injuries against persons or damage to property resulting from Applicant’s actions in the performance of Applicant’s obligations under this Agreement.

17.1.2 A certificate evidencing that the Applicant has procured the above- referenced required insurance and that the insurance names the City, its officers, officials, employees, agents, and volunteers as an additional insured shall be delivered to and approved by the City prior to the execution of the agreement and the commencement of services. Such insurance shall be primary to and not contributing with any other insurance maintained by the City. Insurance must cover contractors.

17.1.3 The City must receive the insurance certificate and endorsement ten (10) business days prior to the reservation use.

18. VARIANCES

18.1 An Applicant may request a variance from one or more of the rules listed below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.

18.1.1 Reserving of facility beyond stated closing times.

18.1.2 Use of the parking lot for any purpose other than parking the cars of gjghjdgdgfdgd facility users in marked stalls.

18.1.3 The use of multiple rooms, facilities, and or spaces not normally scheduled for use that may result in parking of event attendees in areas beyond the boundary of City facilities, or events not covered in this policy.

18.1.4 Waivers of fees for user groups when it is determined that the use by the organization will provide a substantial and measurable benefit to the Upland community . Must be approved by the City Manager or des ignee.

18.2 Requests must be submitted in writing to the Recreation and Community Services Manager. The request must set forth the unusual circumstances that justify a deviation from the original policy.

18.3 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood.

18.4 In the event a variance is granted, the Applicant will pay any supplemental fees necessary to compensate the City for additional costs associated with the variance.

19. FUNDRAISING

19.1 Permitted with profits go towards 501(c)(3), unless permitted by the Recreation and Community Services Manager or designee.

19.2 Gambling is not allowed on City property, except Bingo at the George M. Gibson Senior Center.

19.3 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits.

Additional fees may be required. No monies may be exchanged at the facility without written authorization from the Recreation and Community Services Manager or designee. The Applicant must submit a written request at the time of their reservation.

20. APPENDICES

A. Facility Reservation Request Form

CITY OFUPLAND

FACILITYRESERVATIONPACKET

Upland Recreation and Community Services651 W. 15th Street, Upland, CA 91786(909) 931-4280 www.uplandca.gov WELCOME! Whether you are a first-time visitor or regular guest, we hope that the Upland Recreation and Community Services facilities will meet the needs for your upcoming event(s).

Included in this packet are important documents and information that you will need for the completing the reservation process, including a breakdown of rental fees, and rental application for the use of the facility. We suggest that you read all enclosures thoroughly.

When you decide on the date for your event, please complete the "Facility Reservation Request Form", returning in person to the Magnolia Recreation Center located at 651 W. 15th Street, Upland, or via email to [email protected]. The "Facility Reservation Request Form" will be reviewed to determine date availability and to confirm reservation details and fees.

Upland residents may submit up to twelve (12) months in advance to the date requested. Non-Upland residents may submit up to six (6) months in advance to the date requested.

Upon approval of the "Facility Reservation Request Form", a “Facility Reservation Use Agreement” will be issued authorizing the requested use of the facility. In person, the applicant must sign the “Facility Reservation Use Agreement” and agree to all terms and conditions therein. The Facility Coordinator may attach conditions to the contract, as they deem necessary, for the protection of public health, safety, and welfare of the patrons and the facility. All applicable fees must be paid according to terms provided. By signing your "Facility Reservation Use Agreement", you declare that you understand and agree to adhere to the regulations and policies of the facilities and to indemnify and hold harmless the City of Upland.

Upland Recreation and Community Services Staff looks forward to assisting you and your rental facility needs. If you would like to schedule a tour of our facilities, please contact Upland Recreation and Community Services by phone at (909) 931-4280 or via email at [email protected]. Please note that you will need to schedule an appointment to view the facilities.

Thank you for choosing the City of Upland for your upcoming event! Sincerely,
Upland Recreation and Community Services

CITY OF UPLAND FACILITY RESERVATIONS
Upland Recreation and Community Services
651 W. 15th Street, Upland, CA 91786
(909) 931-4280 www.uplandca.gov
A City of Upland "Facility Reservation Request Form" must be completed at least thirty (30) days prior to requested date of use. Reservations made less than thirty (30) days in advance of the date requested will be accepted only if the facility and required staffing elements are readily available.

A facility reservation request must be made in person or via email with the correct form by the applicant on a “first-come, first-served basis” at the Magnolia Recreation Center located at 651 W. 15th Street, Upland.

Reservations will NOT be taken over the telephone, by text, or social media.

Upon approval of the "Facility Reservation Request Form", a “Facility Reservation Use Agreement” will be issued authorizing the requested use of the facility. In person, the applicant must sign the "Facility Reservation Use Agreement" and agree to all terms and conditions therein.

The City reserves the right to deny any application, as deemed necessary.

The City reserves the right to require security whenever it deems it appropriate.

Supervision by facility staff is necessary for the public’s safety and well-being.

Gambling is not allowed on City property.

All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits. Additional fees may be required. No monies may be exchanged at the facility without written authorization from the Upland Recreation and Community Services Manager or designee. The Applicant must submit a written request at the time of their reservation.

Food and Beverage regulations apply to all reservations. Food service must be provided by a licensed and insured caterer, restaurant, or deli.

For all on-site catered services and cooking, including food trucks, taco carts, barbecue companies, etc., a valid San Bernardino County Public Health Permit must be submitted at least thirty (30) days prior to the reservation date.

An Entertainment Equipment Permit Fee is required for all on-site catered services rendered at the event.

Alcohol is permitted at City facilities with advanced approval by the Recreation and Community Services Manager or designee. An additional deposit and security guard(s) will be required. A permit from the California Department of Alcohol Beverage Control may also be required, depending on the type of event.

Serving and/or selling of alcoholic beverages may be allowed for a MAXIMUM OF FIVE (5) CONSECUTIVE HOURS. Serving of any alcoholic beverages MUST END ONE (1) HOUR BEFORE the scheduled reservation’s conclusion.

City-approved Security Guard(s) are required to be present at all events where alcohol is served. Cost of the security is the responsibility of the Applicant and is payable to the City of Upland. Applicant must arrange for security to be available a minimum of sixty (60) days prior to event and pay all fees associated with security.

Number of security guards is determined by the number of guests:
100 guests-1 security guard; 101-200 guests-2 security guards; 201-300 guests-3 security guards.

RESERVATION POLICIES & PROCEDURES

KITCHEN USE

ALCOHOL

Insurance certificate and endorsement is required for any group using City facilities and must be received at least ten (10) business days prior to rental use. (Please see enclosed example.) Applicant shall procure and maintain, at its own cost, comprehensive general liability insurance from an acceptable insurance provider in an amount not less than One Million Dollars ($1,000,000) per occurrence which shall be determined to be acceptable by the Human Resources/Risk Manager covering Applicant against all claims for injuries against persons or damage to property resulting from Applicant’s actions in the performance of Applicant’s obligations under this Agreement.

To reserve a date, 100% of the total reservation fees must be made at the time of the reservation for all reservations $1000 and under. A minimum payment of 50% of the total reservation fees must be made at the time of the reservation for all reservations over $1000. The remaining balance, cleaning deposit, and alcohol deposit (if applicable) must be paid:

Thirty (30) days prior to the reservation date for weekday rentals.

Sixty (60) days prior to the reservation date for weekend rentals.

Credit cards (VISA and MasterCard only), cash, personal check, Cashier’s Check, or Money Orders are acceptable methods of payment sixty (60) days or more prior to reservation. Rental fees paid fifty-nine (59) days or less, may not be made by personal check.

Non-profit organization's must provide payment in the form of check or credit card with the non-profit name imprinted on the form of payment.

Out-of-state checks and temporary checks will not be accepted.

Reservation payment will only be accepted after the "Facility Reservation Request Form" has been approved by the Recreation Coordinator or designee.

Cancelations and changes must be made in person, during office hours: Monday through Thursday, 8:00 a.m.-6:00 p.m. Closed on major holidays. Phone messages will not be accepted.

The City will not be liable to applicant for any outside costs incurred due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, City emergencies that cause facilities to open as emergency shelters, governmental acts or omissions, changes in laws or regulations, national strikes, fires, or explosion. If a facility rental is cancelled for any of the above reasons, applicant will receive a full refund on any facility rental fees paid.

A fee of $100 will be assessed for cancelations made at least two (2) weeks prior to the event.

No refunds other than the deposit will be provided within the last two weeks prior to the event.

INSURANCE REQUIREMENTS

DEPOSITS & PAYMENTS

CANCELATIONS/CHANGES/REFUND POLICY

CITY OF UPLAND FACILITY RESERVATIONS

Maximum capacity: 80/table seating 90/audience seating
Equipment included with rental fee :

Tables, chairs, and kitchenette. Audio/visual, if available.

Dining Room maximum capacity: 125
Arts & Crafts Room maximum capacity: 30
Equipment Included with rental fee:

Tables, chairs, kitchen, dual-entry refrigerator, and ice maker. Audio/visual, if available.

Maximum capacity: 125
Equipment included with rental fee :

Tables, chairs, and kitchenette. Audio/visual, if available.

North Hall maximum capacity: 150
South Hall maximum capacity: 125
Equipment included with rental fee :

Tables, chairs, and kitchen (North Hall only.) Audio/visual, if available.

Maximum capacity: Based on event request
Equipment included with rental fee:

No equipment included with rental fee
Maximum capacity: 50
Equipment included with Rental Fee:

No equipment included with rental fee
For use for memorial services of fallen soldiers, Veterans, and federally recognized military holidays.

Maximum Capacity: 500
No equipment included with rental fee

FACILITIES
Carnegie Library: 123 East “D” Street, Upland
George M. Gibson Senior Center: 250 N. Third Avenue, Upland Landecena Family Community Center: 1325 San Bernardino Road, Upland Magnolia Recreation Center: 651 W. 15th Street, Upland Historic Downtown Upland Gazebo: 9th Street & 2nd Avenue, Upland San Antonio Park Waiting Station: 24th Street & Mountain Avenue, Upland Veterans’ Monument: 460 N. Euclid Avenue, Upland

CITY OF UPLAND FACILITY RESERVATIONS

Group Definitions
Group 1/Internal: City of Upland sponsored and co-sponsored classes, events, and programs, and governmental agencies serving Upland residents. Group 2/Upland Community Based Organizations (CBOs): Upland Community Based Organizations and Upland Unified School District. Group 3/Private Groups: Upland residents or businesses. Group 4: Non-Resident or For-Profit Organizations Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $500
$300
$100
Free
1st 4 Hours EachAdd. Hr.
$60
$120
$150
Carnegie Library: Great Room
Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $400
$350
$125
1st 4 Hours EachAdd. Hr.
$15
$60
$60
GIBSON SENIOR CENTER: Dining Room
Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $200
$150
$60
1st 4 Hours EachAdd. Hr.
$11
$40
$40
GIBSON SENIOR CENTER: Arts & Crafts Room

CARNEGIE LIBRARY

GIBSON SENIOR CENTER
LANDECENA COMMUNITY BUILDING: Great Room

LANDECENA COMMUNITY BUILDING
Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $300
$250
$75
Free
1st 4 Hours
EachAdd. Hr.
$15
$40
$40
Free Free

CITY OF UPLAND FACILITY RESERVATIONS

MAGNOLIA RECREATION CENTER

NORTH HALL SOUTH HALL
Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $300
$250
$75
Free
1st 4 Hours EachAdd. Hr.
$20
$40
$40
Internal
UCBO's & UUSD
Private Groups
Non-Resident & For-Profit $275
$225
$50
Free
1st 4 Hours EachAdd. Hr.
$15
$40
$40

OUTDOOR RESERVABLE SPACES

HISTORIC DOWNTOWN UPLAND GAZEBO SAN ANTONIO PARK WAITING STATION

VETERANS' MONUMENT
All Reserving Parties
1st 4 Hours EachAdd. Hr.
$75 $25
Refundable Deposit $50
All Reserving Parties
1st 4 Hours EachAdd. Hr.
$180 $45
Refundable Deposit $50
Free
1st 4 Hours EachAdd. Hr.

Free
Memorial Services/Fallen Soldiers
Veterans & Federal Military Holidays
Private Groups
Non-Resident & For-Profit
$60
$120
$15
$30
Refundable Deposit $500
ADDITIONAL FEES:
(If Alcohol Is Served)(If Alcohol Is Served)
Change Fee:

Cancellation Fee:

Damage Deposit:

Security Deposit:
$10/Per Change
$100
$500/Refundable
$500/Refundable
Facility Attendant:

Entertainment Equip. Fee:

Non-Residency Fee:

Special Services Fee:

Administrative Fee:
$45/Hour
$30/One-Time Fee
$30/One-Time Fee
$100/One-Time Fee
$50/One-Time Fee

CITY OF UPLAND FACILITY RESERVATIONS

FACILITY RESERVATION REQUEST FORM
Applicant:

Organization:

Street Address:

Day Telephone:

Carnegie Library
123 E. D Street, Upland
Magnolia Recreation Center
651 W. 15th Street, Upland
Veteran's Monument
460 N. Euclid Avenue, Upland
Historic Downtown
Upland Gazebo
9th Street & 2nd Avenue, Upland
San Antonio Park
Waiting Station
2393 San Bernardino Road, Upland
Will Food Be Served?
Will The Event Be Catered?
DJ/Amplified Music? Will Alcohol Be Served?
Reservation Fee:

Facility Attendant Fee:

Entertainment Equip. Fee:

Special Services Fee:

Alcohol Admin. Fee:

Deposit:

Alcohol Deposit:

Total Amount Due:

Payment #1 Due Date:

Final Payment Due Date:
$
$
$
$
$
$
$
$
$
$
Will Alcohol Be Sold?
Facility Coordinator Name:

Facility Attendant Name:

Applicant Notified By:

Contract Prepared:

ABC License Due Date:

SBC Health Permit Due Date:

Certificate of Liability Due Date:

Vendor List Due Date:

Security Required/Due Date:

Refund Amount:

Date:

Date:

Date:

Sent:

Received:

Received:

Received:

Received:

Received:

Gibson Senior Center
250 N. Third Avenue, Upland
I hereby state the information provided is correct and to the best of my knowledge. I understand the requested reservation is subject to review and availability. Submission of this form is not a guarantee of a facility rental.

Signature: Date:

APPLICANT INFORMATION

EVENT INFORMATION
Landecena Community Building
1325 San Bernardino Road, Upland
Type of Event: Set-Up Time: Event Time: Clean-Up-Time:

Estimated Attendance:
17 Yrs. & Under:

Adult:

Name/Phone Of Caterer?

FOR OFFICE USE ONLY

FACILITY INFORMATION
Great Room: 80 MaximumGreat Room: 125 MaximumNorth Hall: 150 Maximum South Hall: 150 Maximum
Dining Room: 125 Maximum
Arts & Crafts Room: 30 Maximum
Date:

Tax I.D.#:

City: Zip:

Email:

Y Y
Y
Y
Y
N
N
N

N

N

(Kitchen Area Included)
(Kitchen Area Included)
To To
Fees Held: Method Of Refund:

Date Of Refund: $
$

To
Requested Date:

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

LO N D A B O C K-H E L M S, C PA , F I N A N C E O F F I C E R S U B J E C T :A L I C E N S E A G R E E M E N T F O R T H E U S E O F R E A L P R O P E R T Y A D D R E S S E D A S 1 29 9 S A N B E R N A R D I N O R O A D (A P O RT I O N O F A S S E S S O R S PA R C E L N U M B E R 10 46 -83 -01 ) B E T W E E N T H E C I T Y

O F U P L A N D A N D S A N A N TO N I O R E G I O N A L H O S P I TA 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 t h at t h e C i ty C ou n c il ap p rove t h e Parki ng Licen se A g reem ent b etween the C ity of U p land an d S an A n t on i o Reg ional H osp ital for real p rop erty ad d res sed as 1 29 9 S an B ernard ino Road (p ort ion of A P N 1 04 6-1 83 -01 ) an d aut horizin g th e C it y M anag er to execu te all d ocum ents related thereto.

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 he C it y's g oal of p rovi d i n g a com m u ni ty wh ere m em b ers have access to a fu ll ran g e of h ealth care as w ell as p rovid ing p ark lan d s th at are fiscally sustainab le w hile m eeting th e need s of resid en ts.

B A C K G R O U N D
S an A n ton io Reg ion al H osp ital (S A R H ) i s a 36 3 b ed , reg ion al acut e care h osp ital. O ver the p ast 1 11 years S A R H h as g row n to b ecom e U p lan d 's l arg est em p loyer. Recen tl y, S A R H com p leted , a n ow fu lly occ u p ied , a 4-story p atient tower an d new em erg en c y room . T he com p leted exp an si on resu lt ed in job creation (ad d i ti on al em p loyees) an d an i n c reas e in attraction of area resid ents, leavin g S A R H with th e con tinu ed n eed for ad d ition al p arking .

I n 2 0 1 7 , S A R H ap p roach ed C it y st aff to d is cu ss th e p os si b i li ty of sellin g ap p roxim ately 4.6 3 acres in t h e s ou t h w est corner of M em orial Park. I n ord er t o facilitate a p oten ti al l an d sale, C ity an d S A R H staff alon g w i th t h ei r res p ec ti ve At torneys h ad d evelop ed a P urch ase and S ale

A g reem ent for C it y C ou ncil 's c on s id erat ion . D urin g th e neg otiation p eriod , S A R H ag reed to lease a p ortion of the su b jec t p rop erty at a rate of $1 0,3 00 p er m ont h. A ft er m any m on th s of neg otiation and i n p u t from t he p u b l ic , C ity C ou n c il elected t o h ave Up lan d resid ent s d ec id e if th e p arkl an d sh oul d b e s old to S A R H b y p lacin g M easu re Q on the N ovem b er 2 02 0 b allot.

Th e b allot m easure w as d efeated and th e sale never transp ired .

D esp ite th e s ale n ot t akin g p lace, S A R H still h as a p arkin g n eed , an d th e C it y still h as un d erutilized lots in M em ori al Park avai lab le. A s su ch , u p on t h e exp irat ion of th e p rior ag reem en t in A p ril 20 22 , th e p arties b eg an d iscussions on a n ew licen se ag reem ent.

I S S U E S /A N A L Y S I S
At th is t im e, C it y s taff an d S A R H h ave ag reed t o t he term s of a n ew l ic en s e ag reem en t for vehicle p arkin g .

Th e m ajor term s of th e A g reem ent are:

1. Th e L icense A g reem ent is effective retroactively to M ay 1, 2 02 2.

2. Th e term of the ag reem ent is th rou g h A p ril 3 0, 2 02 5 (3 years).

3. Th e m on th ly rate for year on e is $1 1,2 55 .00 .

4. Th e m on th ly license fee (effect ive M ay 1, 2 02 3) is su b ject t o a 3% i n c reas e on eac h M ay 1 thereafter.

F I S C A L I M P A C T S
Th e G en eral F u nd w ill rec eive ad d i ti onal ren tal i n c om e d urin g F Y 20 22 -23 tot aling $1 35 ,73 5 (not i n c lu d ed in th e c u rren t op erat in g b ud g et). I n su b s eq u en t years , th e ad d i ti on al in com e as a result of this license ag reem en t will b e inclu d ed in th e ap p licab le op eratin g b ud g ets.

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
S ARH P arking License Agreement

EXHIBIT A

DESCRIPTION OF LICENSED PROPERTY
[**INSERT DESCRIPTION OF LICENSED
PROPERTY***] [ATTACHED]
14

el 2017 Dlalt.111 Man Pmdur.ts. All rtohl:s re.'IP.rved. http://apps.spatialstream.com/production/Dashboard/R/8/2/CurrentBuild/htm1/Reporting.htm1 10/18'1017 Subject of SARH Parking License 14A Page 17 of 19

EXHIBIT B

INSURANCE REQUIREMENTS
LICENSEE shall obtain, and shall require any consultant or contractor entering the Licensed Property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the CITY.

A. Commercial General Liability Insurance. LICENSEE shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000 per occurrence, with a general aggregate limit no less than $4,000,000. Such insurance shall include coverage for, but not be limited to: (i) bodily injury and property damage; (ii) personal injury and advertising injury; (iii) fire legal liability; and (iv) products and completed operations. Such insurance policy or policy endorsement shall:

1.Include the CITY, its officials, officers, employees, agents, and consultants as additional insureds with respect to the Licensed Property and LICENSEE's use, installation, construction, operation, maintenance, repair, reconstruction, alteration, removal or any other work that LICENSEE undertakes with respect to the Licensed Property;

2.Not contain special limitations on the scope of coverage or the protection afforded to CITY, its officials, officers, employees, agents and consultants as additional insureds;

3.Be primary with respect to any insurance or self-insurance programs covering CITY, its officials, officers, employees, agents and consultants;

4.Contain standard separation of insured provisions; and

5.Contain a waiver of subrogation that waives any right the insurer has against CITY for any claims or suits.

8.Automobile Liability. LICENSEE shall acquire and maintain during the period of the Agreement, automobile liability with a combined single limit of $1,000,000.

C.Workers' Compensation Insurance. LICENSEE shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident.

D.Certificates of Insurance. LiCENSEE shall, prior to (i) entering the Licensed Property or (ii) performing any installation, construction, operation, maintenance, repair, reconstruction, alteration, removal or any other work that LICENSEE undertakes with respect to the Licensed Property, furnish CITY with properly executed certificates of insurance and, if requested by CITY, certified copies of endorsements and policies, which 15

clearly evidence all insurance required under this Agreement and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to CITY. CITY shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement.

E.Coverage Maintenance. LICENSEE shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Agreement and shall not allow any lapse in coverage. Further, LICENSEE shall maintain such insurance from the execution of this Agreement until the Licensed Property fully restored, except as otherwise provided in this Agreement.

F.Licensed Insurer. LICENSEE shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California.
16

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R

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

W I L L D A N F I N A N C I A L S E R V I C E S F O R A N N U A L C O M P L I A N C E

R E Q U I R E M E N T S R E L A T I N G TO P U B L I C D E B T I S S U A N C E S A N D

C O M M U N I T Y FA C I L I T I E S D I S T R I C T A D M I N I S T R A T I O N

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 C it y C ou ncil ap p rove P rofess ion al S ervi ces A g reem ent s with W illd an F inan cial S ervic es for fi n an ci al services relat ed t o d eb t is su an c es in an am oun t n ot to exceed $4 0,0 00 an d an n u al C om m u n i ty Faci li ti es D is tric t ad m in is trati on in an am oun t not to exceed $7 1,0 00 ; and authorize th e C ity M anag er to execu te the ag reem ents.

G O A L S T A T E M E N T
Th e p rop os ed action su p p ort s th e C i ty's g oal to p rovid e sou nd fiscal s teward s hi p for t he C ity of Up lan d .

B A C K G R O U N D
W illd an F in an c ial S ervi ces (W i ll d an ) was fou nd ed in 1 98 8 an d is an op erat in g d ivision of W illd an G rou p , I n c., foun d ed in 19 64 . W i th 8 0 em p loyees, it h as assisted over 80 0 p ub lic entities w it h vari ous p ub lic ag en c y n eed s an d for at least 5 years h as p rovi d ed excellent an d reliab le d eb t is su e related services t o th e C it y of U p lan d . W il ld an's in st it u t ion al kn ow led g e and con si st en t reli ab l e service i s d eem ed to b e t h e m ost b en eficial ch oic e for staff efficien cy and cost effectiveness.

I S S U E S /A N A L Y S I S
Th ere are m an y ann ual c om p li an c e req uirem ent s rel ated to p u b l ic d eb t issu ances. W illd an has b een very in st ru m en tal in assist in g s taff w ith en su ri ng com p l ian ce and m eet in g filin g req uirem ent d ead lin es. W illd an curren tl y m anag es com p l ian ce of t h e foll ow in g C i ty of Up lan d p u b lic d eb t instrum ents:

1. E nerg y E fficiency L ease

2. C alifornia Renewab le E n erg y B on d s (C R E B S )

3. 20 22 Water Reven ue Refu nd in g B ond s

4. Water Reven ue B ond s S eries 2 02 2

5. 20 19 C alifornia S tate Water Resou rces B oard C on stru ction L oan

6. M u lti-Fam ily H ousin g Reven ue N otes, S eries 2 02 1

7. 20 13 Tax A llocation Refun d ing B on d s

8. 20 16 Tax A llocation Refun d ing B on d s

S ervices for th e ab ove inclu d e:

P rep aration of the A rb itrag e Reb ate C alcu lation P rep aration and filing of th e A nn ual C D I A C Rep orts req u ired b y th e C aliforn ia D eb t an d I n vestm en t A d visory C om m ission (C D I A C )
M on itoring and tim ely d istrib u tion of req u ired C ontin uing D isclosu re n otifications

Th e C it y als o h as th e fid uciary resp on sib ility for m an ag in g variou s C om m un it y Facilities D istricts (C F D 's) in clud in g :

1. C F D 20 03 -1 U p land 54

2. C F D 20 03 -2 I m p rovem ent A rea 1 (T he C olon ies)

3. C F D 20 03 -2 I m p rovem ent A rea 2 (T he C olon ies)

4. C F D 20 15 -1 I m p rovem ent A rea 1 (Sycam ore H ills)

5. C F D 20 15 -1 I m p rovem ent A rea 2 (Sycam ore H ills)

6. C F D 20 16 -1 I m p rovem ent A rea 1 (H arvest at U p land )

7. C F D 20 16 -1 I m p rovem ent A rea 2 (H arvest at U p land )

A n nu al third p arty ad m inistration of th e ab ove C F D 's inclu d e:

Verifyin g p erm its p ulled for n ew con stru ction w ithin the d istrict I n itiate calcu lation of th e C ity's an nu al C F D ad m inistration cost b ud g ets I n terp rets, im p lem en ts and m on itors tax rate an d ap p ortionm ent ag reem en ts C alcu lates th e an n u al ass ess m en ts p er C F D and transm its t h e req u ired fi les to the cou nty b y req u ired d ead lin es to b e inclu d ed in th e ann ual tax rolls.

P rovid es d elin q u ency m anag em en t in cl u d in g the m ailing of rem in d er, d em an d an d foreclosure letters
M on itors for q u ali fyin g even ts an d en s u res t h e t im ely fi li ng of th e req uired C on tinu in g D isclosu res

Th e C ity also m anag es 2 C om m u nity S ervice M ain ten ance D istricts:

1. C F D 20 16 -2 H arvest at U p land

2. C F D 20 17 -1 Sycam ore H ills

Th e con su ltants' services p rovid ed in clud e:

P rocu res ann ual m ai n t en an ce cost b u d g et s from th e ci ty in clud in g t he c it y's an nu al ad m in istrative cost
I n terp rets, im p lem en ts and m on itors tax rate an d ap p ortionm ent ag reem en ts

C alcu lates th e an n u al ass ess m en ts p er C F D and transm its t h e req u ired fi les to the cou nty b y req u ired d ead lin es to b e inclu d ed in th e ann ual tax rolls.

P rovid es d elin q u ency m anag em en t in cl u d in g the m ailing of rem in d er, d em an d an d foreclosure letters

F I S C A L I M P A C T S
C on su ltant fees sh all b e set at a n ot-to-exceed am ou n t of $40 ,00 0 for D eb t I ssuan ce com p lian ce an d $71 ,00 0 for an nu al C om m u n it y Facilities D istrict (C F D ) ad m in istration.

C on su ltant fees related to C F D com p l ian ce an d ad m in istration are accou nt ed for in a F id u ciary F u nd an d as su ch , are n ot c ons id ered an exp ense of t h e c it y (cos t i s b orn b y p rop erty ow ners w ithin th e sp ecific d is tric ts ) and t herefore are n ot b u d g eted . B u d g et for th e rem ain in g con su ltant fees are in cl u d ed in t h e op erati n g b ud g et an nu all y so n o ad d itional ap p rop riation s are n ecessary.

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
Willdan P rofessional Services Agreement - Citywide Debt Willdan P rofessional Services Agreement-C F D's

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of August 1, 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 Willdan Financial Services, a California Corporation with its principal place of business at 27368 Via Industria, Suite 200, Temecula, CA 92590 (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 project:

Financial Services related to Debt issuances (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 $40,000.00 annually. 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. The City Manager may approve Additional W ork, as further defined in Section 3, up to ten percent (10%) of the annual amount of the Agreement for each annual term of this Agreement. In no event shall the total annual compensation of the agreement (original

2 compensation amount and Additional Work) exceed forty-four thousand dollars ($44,000.00). Any additional work in excess of this amount shall be approved by the City Council.

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 August 1, 2022 to June 30, 2025, 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.

3 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.

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.

4 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. (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).

5 (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
(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

6 Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable within 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
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,

7 and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,

8 City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the

9 Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial

10 failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Steve Bearce as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
CONSULTANT:

Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590
Attn: Candace Heiser

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement

11 This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND AND WILLDAN FINANCIAL SERVICES

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

CITY OF UPLAND Willdan Financial Services

By: By:

Michael Blay,
City Manager Its:

Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:

Its:

Printed Name:

ATTESTED BY:

Keri Johnson
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

13 EXHIBIT A
Scope of Services
It is important to note that while performing each service outlined herein, Willdan Financial Services (“WFS”) will rely on the validity and accuracy of the City of Upland’s (“City”) data and documentation to complete our analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy, and that we will not be responsible for any errors that result from inaccurate data provided by the client or a third party.

Arbitrage Scope of Services
Task 1: Define Compliance Needs and Provide Implementation Schedule Objective: Obtain bond documents, prior reports, and transactional data necessary to prepare arbitrage computations.

Description: WFS will review the bond documents and prior reports provided by the Client and assess the special elections made at issue and the availability of regulatory exceptions.

Deliverable: Implementation schedule and access to online Compliance Management System.

Task 2: Verify Bond Yield and Prepare Arbitrage Rebate and Yield Restriction Analysis Objective: Compute the cumulative arbitrage rebate liability and/or yield reduction payment accrual for each bond.

Description: Utilizing data provided by the Client and authorized third parties, WFS will:
 Verify the bond yield as stated on the 8038G;
 Identify gross proceeds, transferred proceeds, replacement proceeds, and all other funds subject to arbitrage rebate compliance;
 Assume all expenditures of bond proceeds have been made in accordance with Section 148(f) of the Internal Revenue Code;
 Compute investment earnings, taking into account the proper allocation of commingled funds;
 Future value transactions to the computation date;
 Test for exceptions to rebate and penalty in-lieu requirements;  Analyze unspent construction funds, overfunded reserves, and other events that may be in violation of Section 148(f) of the Internal Revenue Code;  Determine the yield reduction payment pursuant to Section 148(f) of the Internal Revenue Code; and
 Determine the cumulative arbitrage liability pursuant to Section 148(f) of the Internal Revenue Code.

Deliverable: None.

Task 3: Review and Assess Analysis Outcome
Objective: Multi-tiered review of each prepared report and internal discussion of assumptions and opportunities to reduce the rebate liability.

Description: Proper application of the arbitrage rebate regulations requires understanding the purpose of the financing and the investment and expenditure of bond proceeds.

Once the mathematical analysis is complete, two (2) senior-level rebate consultants will perform a comprehensive review of the report noting computational assumptions and technical issues to be evaluated. If appropriate, these issues will be communicated to the Client.

Deliverable: Possible discussion with your staff.

14 Task 4: Conclusions, Recommendations, and Action Plan Objective: Develop conclusions, recommendations, and produce reports.

Description: WFS will deliver a cumulative inception to current bond year arbitrage rebate report for each bond under contract and, if warranted, will offer recommendations for actions to be taken including:
 Areas where allocation and accounting methodology could be enhanced;  Identification of technologies not currently in use that may be applicable and appropriate for future consideration;
 Identification of obstacles or challenges that could prevent timely or accurate compliance; and
 Instructions for filing IRS forms.

Deliverable: Completed arbitrage rebate report for each bond under contract inclusive of:
 Executive Summary detailing the assumptions and methodology used;  Summary Analysis of all relevant dates;
 Sources and uses of funds;
 Arbitrage yield and yield restriction requirements;
 Rebate liability summarized and by fund;
 Arbitrage/Investment Yield Comparison Graph;
 Rebate Calculations by fund; and
 Outstanding Investments Summary.

Task 5: Review Results
Objective: Discuss arbitrage rebate positions, opportunities, and possible areas of enforcement concern.

Description: Key strategic and procedural issues will be discussed, as well as strengths and challenges relating to long-term arbitrage rebate compliance.

Deliverable: Discussion with Client staff.

Task 6: File IRS Payment and Refund Requests
Objective: Assist with filing arbitrage rebate payments and refund requests.

Description: WFS will supply completed IRS forms and payment instructions, as needed.

Deliverable: Completed IRS Payment and Refund Request Forms, with accompanying instructions.

Task 7: Monitor Regulatory Enhancement and Enforcement Actions Objective: WFS will help Client staff stay abreast of regulatory interpretation and enforcement.

Description: WFS requires analyst staff to participate in yearly continuing education events and encourages discussion of current regulatory interpretation with clients. Depending upon the circumstances, WFS may recommend procedural and documentation changes to Client staff.

Deliverable: Audit assistance.

15 Continuing Disclosure and CDIAC Reporting Scope of Services Willdan (WFS) will provide assistance and advice specific to ongoing continuing disclosure matters. With regard to the City’s outstanding debt financings, Willdan will support the City in preparing annual continuing disclosure reports. Willdan will help the City provide required financial and operating data requested by investors and/or required by the bond documents to keep securities holders informed of the investment quality of debt issue. Willdan will also assist the City in responding to questions from investors and other market participants.

Task 1: Define Compliance Needs and Provide Implementation Schedule Objective: Collect bond documents relating to the debt issue, including but not limited to, the formation documents, the official statement, financial statements, Annual Continuing Disclosure Information Statement, and prior CDIAC report, if applicable.

Description: WFS will review the bond documents and establish an annual reporting schedule.

Deliverable: Reporting schedule and instruction relating to online tracking systems.

Task 2: Compile Data Necessary to Complete Continuing Disclosure and/or CDIAC Report Objective: Collect data and other third-party information required to be included in the continuing disclosure report and/or CDIAC Report directly from the Client, trustees, fiscal agents, state and county agencies and others.

Description: Review the information for accuracy and compliance with continuing disclosure documents.

Task 3: Report Preparation and Review
Objective: Create a draft of the continuing disclosure report and/or CDIAC Report for review.

Description: WFS will discuss with Client staff any relevant issues and provide suggestions regarding industry standards.

Deliverable: Continuing Disclosure and/or CDIAC Report.

Task 4: Report Dissemination
Objective: Provide timely Disclosure Report filings to the municipal market, CDIAC reports, if applicable, to the State of California.

Description: Once authorization to disseminate has been received, WFS will post the report to EMMA and provide confirmation of the date and time of the posting. If applicable, WFS will post the CDIAC report on the CDIAC website.

Deliverable: Upload completed and approved Disclosure Report to EMMA, or the currently recognized public repository.

Submit CDIAC report to CDIAC.

Task 5: Notices of Occurrence of Listed Events and Supplemental Reporting Objective: Provide timely Notice of Occurrence of Listed Events to the municipal market and supplement annual filings as necessary.

Description: WFS will prepare Notices of Occurrence of Listed Events covering events enumerated in Rule 15c2 -12(b).

WFS will also prepare Supplemental Disclosure Reports, as necessary.

Deliverable: Upload Notices of Occurrence of Listed Events and Supplemental Disclosure Reports to EMMA, or the currently recognized public repository. Provide confirmation of the date and time of the posting.

Task 6: Investor Support
Objective: Present a unified message to the municipal market.

Description: WFS will respond to investor calls either directly or after consultation with your staff.

Deliverable: Investor Call Support.

16 Task 7: Ongoing Regulatory Education
Objective: Ensure communication with the secondary market meets current regulatory requirements and is mindful of enforcement actions and investor concerns.

Description: WFS will monitor information releases from CDIAC, the SEC and the MSRB regarding enforcement actions and regulatory changes. If requested, WFS will review draft disclosure documents for new issues.

Deliverable: Upon request.

Client Responsibilities
The Client will submit to WFS:
 Financial and Operating Information, including but not limited to: Bond documentation, Adopted Budget, Audited and Unaudited Financial Statements (if audited financials are not available), communications with CDIAC, bank statements/transactional data, and fund balances.  Timely review of draft Disclosure Report.
 Authorization to disseminate Disclosure Report.
 All information relating to any change to the credit ratings or the occurrence of Listed Events as identified in the Continuing Disclosure Agreement or Certificate within three business days from the date of occurrence of such event.
 All Ratings Reports sent to Client by any Rating Agencies. Authorization for Rating Agencies, Trustees, and any other third parties to send information directly to WFS.

Project Disclaimer
The Client further represents, acknowledges and agrees that:
(i) The Client uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The Client is not looking to Willdan to provide, and Client shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash- flow analyses, feasibility studies and/or other analyses Willdan may provide the Client with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the Client, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views

17 (including, without limitation, any assumptions related to revenue growth) established by t he Client, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the Client recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the Client will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the Client is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.

18 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task.

Consultant will inform City regarding any out-of-scope work being performed by Consultant.

Arbitrage Fees
To the extent that the necessary information is available, WFS endeavors to quote fees that accurately reflect the complexity of the services needed. If circumstances are encountered that affect our ability to proceed, such as additional information coming to our attention not determined or available during our scoping efforts, the fixed fee schedule will become a time-and-materials contract, and we will inform you promptly and seek your approval for any changes in scope, timing or fees that may result from such circumstances.

Issue Name Issue Date Principal Amount Next Report
Fiscal
Year
2022-23
Fiscal
Year
2023-24
Fiscal
Year
2024-25
Multifamily Housing Revenue Note (Sunset Ridge Apts and Village Apts) Series 2017 7/26/2017 $14,865,000 7/26/2022 $2,500 $- $- Multifamily Housing Revenue Note (Sunset Ridge Apts and Village Apts) Series 2021 7/28/2021 $12,982,644 7/28/2022 1,750 - - Energy Efficiency Lease Agreement 8/24/2017 $2,797,094 8/24/2022 2,500 - - CREBS Lease Agreement 8/24/2017 $4,548,393 8/24/2022 2,500 - - CFD 2003-1 (Upland 54) Special Tax Bonds, Series A of 2004 12/22/2004 $1,750,000 9/1/2022 1,250 1,250 1,250 CFD 2003-2 (The Colonies at San Antonio) IA No. 1, Special Tax Refunding Bonds, Issue of 2012 8/16/2012 $22,060,000 9/1/2022 2,000 - - Water Revenue Refunding Bonds, Series 2021 (Tax-Exempt) 10/14/2021 $6,553,000 10/1/2022 1,750 - - CFD 2015-1 (Sycamore Hills) Special Tax Bonds, Series 2022A (IA No. 2) 4/21/2022 $5,295,000 4/21/2023 1,750 - - Tax Allocation Refunding Bonds, Issue of 2013 6/4/2013 $22,090,000 6/4/2023 2,000 - - CFD 2003-2 (The Colonies at San Antonio) IA No. 1, Special Tax Refunding Bonds, Issue of 2022 6/6/2022 $14,595,000 6/6/2023 1,750 - - CFD 2016-1 (Harvest at Upland) Special Tax Bonds, Series 2018A (IA No. 1) 11/15/2018 $5,385,000 11/14/2023 - 2,000 - CFD 2015-1 (Sycamore Hills) Special Tax Bonds, Series 2019A (IA No. 1) 7/25/2019 $5,315,000 7/24/2024 - - 2,000 CFD 2003-2 (The Colonies at San Antonio) IA No. 2, Special Tax Refunding Bonds, Issue of 2015 7/1/2015 $18,360,000 9/1/2024 - - 2,000 FISCAL YEAR TOTALS $19,750 $3,250 $5,250

19 Arbitrage Enhanced Service Fees
The nature and complexity of each bond issue, the frequency of computation, and the transparency of the transactional data, determines the extent to which the following specialized services will apply:

Arbitrage Services Fee
Commingled Funds Analysis. Clients providing data with commingled funds will incur an additional charge to uncommingle transactional data. $250 per fund Parity Reserve Allocation. Bonds that have been issued on parity that require an allocation of the reserve fund. $250 per fund
Transferred Proceeds Analysis. The regulations require an additional level of analysis for proceeds of Refunding and Refunded bonds. $250 per fund Universal Cap Analysis. The regulations require an additional level of analysis when the balance of bond proceeds exceed the value of the outstanding bonds. $500 per year Non-Bona Fide Debt Service Fund. Our base fee assumes that the Bond Fund, as defined in the bond documents, meets the bona fide debt service fund exemption to rebate. If this fund fails to qualify for this exemption, an additional fee will be charged to analyze the investment activity.
$500 per fund
IRS Audit Assistance $150 per hour
Request for Refund of Overpayment No Charge
Online Compliance Management System No Charge
Preparation of IRS Form 8038T (Payment) No Charge

Non-Landbased Continuing Disclosure and CDIAC Fees
Billed invoices are required to be paid within 30 days.

Disclosure Services Fee
Engagement Fee for New Issues $250 per Issue
Base Annual Report Fee
Tax Allocation Bonds $2,025
Revenue Bonds $1,125
Annual Dissemination per Document $100
Incremental Fee per Parity Issue $495
Supplemental/Amended Reports (if necessary) $250 - $450 per Report Notice of Occurrence of Listed Events $250 per Notice
Annual Third-Party Expenses At Cost plus 10%
CDIAC Report Preparation and Filing
CDIAC Yearly Transparency Report (due annually in January) (while proceeds are outstanding) $950 per Report
CDIAC Yearly Transparency Report (due annually in January) (once proceeds are fully expended) $250 per Report

20 Reimbursable Expenses
Willdan will be reimbursed for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (current prevailing federal rate), maps, electronic data provided from the County and/or other applicable resources, construction cost periodicals, and copying (currently 6¢ per copy).

Any additional expense for reports or from outside services will be billed to the City. Charges for meeting and consulting with counsel, the City, or other parties regarding services not listed in the scope of work above will be at our then-current hourly rates (see “Additional Services” section).

In the event that a third-party request any documents, Willdan may charge such third party for providing said documents in accordance with Willdan’s applicable rate schedule. The fees for preparation of continuing disclosure report assumes that the City will provide information (if requested, and as necessary) as may be reasonably accessible to the City in an electronic format (as appropriate). Moreover, other than those specified in the scope of services, Willdan also reserves the right to charge fees directly to parties requesting copies of the continuing disclosure report. All annual fees are subject to annual increase at the rat e of the Consumer Price Index.

The City shall reimburse Willdan for any costs incurred, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to the City or relating to the project. Reimbursement shall be at Willdan's hourly rates in effect at the time of such response.

Additional Services
Additional services may be authorized by the City and will be billed at our then -current hourly consulting rates. Our current hourly rates are:

Position Hourly Rate
Vice President - Director $210
Principal Consultant / Assistant Director 200
Senior Project Manager 165
Project Manager 145
Senior Project Analyst 130
Senior Analyst 120
Analyst 100
Analyst Assistant 75
Property Owner Services Representative 55
Support Staff 50

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of August 1, 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 Willdan Financial Services, a California Corporation with its principal place of business at 27368 Via Industria, Suite 200, Temecula, CA 92590 (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 project:

Financial Services related to Debt issuances (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 $71,000.00 annually. 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. The City Manager may approve Additional W ork, as further defined in Section 3, up to ten percent (10%) of the annual amount of the Agreementfor each annual term of this Agreement. In no event shall the total annual compensation of the agreement (original compensation amount and Additional Work) exceed seventy-eight thousand one hundred dollars ($78,100.00). Any additional work in excess of this amount shall be approved by the City Council.

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 August 1, 2022 to June 30, 2025, 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.

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.

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

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 Ag reement, 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 within 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

6 Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

7 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

8 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

9 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Mike Medve as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

10 Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
CONSULTANT:

Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590
Attn: Mike Medve

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver

11 None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

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

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND AND WILLDAN FINANCIAL SERVICES

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

CITY OF UPLAND Willdan Financial Services

By: By:

Michael Blay,
City Manager Its:

Printed Name:
(Two Signatures of Corporate Officers Required
For Corporations)
By:

Its:

Printed Name:

ATTESTED BY:

Keri Johnson
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

13 EXHIBIT A
Scope of Services
Scope of Services
It is important to note that while performing each service outlined herein, Willdan Financial Services (“Willdan”) will rely on the validity and accuracy of the City of Upland’s (“City”) data and documentation to complete our analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy, and that we will not be responsible f or any errors that result from inaccurate data provided by the client or a third party.

Community Facilities District Administration
Willdan provides full-service formation and administration services for Community Facilities Districts (CFDs). The following is our standard scope of services for administration. Should the City desire to form additional CFDs in the future, Willdan would be happy to submit a supplementary proposal upon request.

1. Maintain and periodically update an electronic database containing parcel basis data and annual special tax levy amounts by Assessor’s Parcel Number (APN).

2. Annually calculate and apportion the special taxes, as specified in the Rate and Method of Apportionment of Special Tax.

3. Prepare (if required) an annual resolution th at establishes the budget for the fiscal year and application of the special tax to be submitted to the County of San Bernardino (“County”), including the special tax summary for the fiscal year.

4. Provide special tax levies for each parcel by APN to the County Auditor/Controller’s Office in the media, format, and configuration required by the County for placement on the annual property tax roll.

5. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office. On behalf of the City, Willdan will manually invoice special tax installments that cannot be collected on the County property tax roll.

6. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special tax installments and related information.

7. Monitor delinquencies each January and May and submit periodic reports to the City.

8. Prepare an annual special tax report. This report will include:
 The identification and recovery of CFD administrative costs;  Review of fund balances to identify any surplus funds;  Debt service requirements;
 Delinquency summaries; and
 Related recommendations or issues.

9. Provide an annual report to the California Debt and Investment Ad visory Commission (CDIAC) by October 30 if required by the California Government Code, section 53359.5(b), as amended.

10. Prepare “Notice of Special Tax” as required by the California Government Code, sections 53340.2(b) and 53341.5, as amended. The fee for this service is $15 per Notice and is to be paid by the requestor.

11. Be available to attend meetings.

12. Calculate written prepayment quotes (if allowable) for individual special tax liens, as described in the Rate and Method of Apportionment of Special Tax or by resolution. For parcels prepaying the special tax, Willdan will coordinate the removal of the lien. The fee for this service is $500 per calculation, which is to be paid by the requestor.

13. Perform required bond call spreads and coordinate the early redem ption of outstanding bonds. The fee for this service is hourly, using our then-current hourly rates (see “Additional Services” section).

14 Client Responsibilities – CFD Administration
Willdan will rely on being able to obtain the following information from the City in order to efficiently administer the CFDs:
 The budget summary to be incorporated into the annual resolution establishing the budget; and  Assist Willdan in obtaining information. Although Willdan will annually research information regarding land subdivision, issuance of building permits and/or Certificates of Occupancy (as required by the City), Willdan may require assistance from the City.

Delinquency Management
In order to assist the City to comply with its foreclosure covenant to bondholders, Willdan will provide the following delinquency management services:

1. Monitor delinquent tax bill payments in January/February and May/June of each year.

2. Provide periodic delinquency reports to the City, including a detailed listing of current and prior year unpaid tax installments and recommendations for collections.

3. Send a delinquency reminder letter after the first installment of the tax bill becomes delinquent.

4. Send a 30-day delinquency demand letter after the second installment of the tax bill becomes delinquent.

5. Each demand letter will include a brochure providing answers to commonly asked questions regarding delinquencies.

6. Cause the removal of the delinquent installments of special taxes f or the current and/or prior tax year(s) from the County tax roll. Such removal will comply with SB 1471.

7. Send a final 21-day delinquency foreclosure letter to each delinquent property owner after receiving confirmation from the County for the removal of the delinquent special taxes. Foreclosure letters shall contain a brochure providing answers to “Frequently Asked Questions (FAQs)” regarding delinquencies and judicial foreclosures.

8. Send those parcels, whose special taxes continue to remain delinquent after 21 days from the mailing of foreclosure letters to the City for collection. The City will collect the delinquent amount and all applicable penalties, interest, fees, and other authorized costs through the City-retained foreclosure counsel.

9. Provide a toll-free telephone number for Willdan to field inquiries from City staff, parcel owners, lenders, and other interested parties concerning annual installments and delinquencies. This number shall be available throughout the entire delinquency management/foreclosure process.

10. Assist foreclosure counsel to initiate and prosecute judicial foreclosure proceedings according to the bond foreclosure covenants for those parcels sent to foreclosure.

11. Provide (upon request) payoff quotes for stripped delinquent special tax installments for all interested parties. Fees for this service are paid by the requesting party and may be charged to a credit card; there is no charge to the City.

Optional — Subsequent Foreclosure Services
Once the delinquent taxes have been forwarded to judicial foreclosure counsel, Willdan will provide the following services upon request:

1. Prepare and forward a detailed report of the parcels to be foreclosed to foreclosure counsel.

2. Provide foreclosure counsel with the necessary City resolutions and other documents to proceed with the judicial foreclosure process.

3. Keep the City and foreclosure counsel apprised of special situations arising of which we become aware, such as bankruptcies of parcel owners, County tax foreclosure sales, Deed of Trust “Trustee” foreclosure sales, etc.

15 4. Provide foreclosure counsel with “subsequent year” delinquency information consisting of any installments/years that become delinquent on parcels already in f oreclosure.

5. Generally respond to inquiries from City staff and foreclosure counsel regarding the status of a foreclosure action and other pertinent, relevant information.

6. Negotiate, at the discretion and approval of the City, a repayment schedule (payment plan) to cure the delinquency and avoid initiation of judicial foreclosure.

Continuing Disclosure
Willdan will provide assistance and advice specific to ongoing continuing disclosure matters. With regard to the City’s outstanding debt financings, Willdan will support the City in preparing annual continuing disclosure reports. Willdan will help the City provide required financial and operating data requested by investors and/or required by the bond documents to keep securities holders informed of the investm ent quality of debt issue. Willdan will also assist the City in responding to questions from investors and other market participants.

Task 1: Define Compliance Needs and Provide Implementation Schedule Objective: Collect bond documents relating to the debt issue, including but not limited to, the formation documents, the official statement, financial statements, Annual Continuing Disclosure Information Statement, and prior CDIAC report, if applicable.

Description: Willdan will review the bond documents and establish an annual reporting schedule.

Deliverable: Reporting schedule and instruction relating to online tracking systems.

Task 2: Compile Data Necessary to Complete Continuing Disclosure Report(s) and CDIAC Report(s)
Objective: Collect data and other third-party information required to be included in the continuing disclosure report and CDIAC Report directly from the City, trustees, fiscal agents, state and county agencies and others.

Description: Review the information for accuracy and compliance with continuing disclosure documents.

Task 3: Report Preparation and Review
Objective: Create a draft of the continuing disclosure report and CDIAC Report for review.

Description: Willdan will discuss with City staff any relevant issues and provide sugg estions regarding industry standards.

Deliverable: Continuing Disclosure Report and CDIAC Report.

Task 4: Report Dissemination
Objective: Provide timely continuing disclosure report filings to the municipal market and timely report filings of CDIAC reports to the State of California.

Description: Once authorization to disseminate has been received, Willdan will post the report to EMMA and provide confirmation of the date and time of the posting. Willdan will post the CDIAC report on the CDIAC website.

Deliverable: Upload completed and approved continuing disclosure report to EMMA, or the currently recognized public repository. Submit CDIAC report to CDIAC.

Task 5: Notices of Occurrence of Listed Events and Supplemental Reporting Objective: Provide timely Notice of Occurrence of Listed Events to the municipal market and supplement annual filings as necessary.

16 Description: Willdan will prepare Notices of Occurrence of Listed Events covering events enumerated in Rule 15c2-12(b). Willdan will also prepare supplemental continuing disclosure reports, as necessary.

Deliverable: Upload Notices of Occurrence of Listed Events and supplemental continuing disclosure reports to EMMA, or the currently recognized public repository. Provide confirmation of the date and time of the posting.

Task 6: Investor Support
Objective: Present a unified message to the municipal market.

Description: Willdan will respond to investor calls either directly or after consultation with City staff.

Deliverable: Investor Call Support.

Task 7: Ongoing Regulatory Education
Objective: Ensure communication with the secondary market meets current regulatory requirements and is mindful of enforcement actions and investor concerns.

Description: Willdan will monitor information releases from CDIAC, the SEC and the MSRB regarding enforcement actions and regulatory changes. If requested, Willdan will review draft continuing disclosure documents for new issues.

Deliverable: Upon request.

Client Responsibilities – Continuing Disclosure
Willdan will rely on being able to obtain the following information from the City in order to efficiently provide continuing disclosure services:
 Financial and operating information, including but not limited to: bond documentation, communications with CDIAC, adopted budget, audited and unaudited financial statements (if audited financials are not available), bank statements/transactional data, and current fund balances.  Timely review of draft continuing disclosure report and draft CDIAC Report.  Authorization to disseminate continuing disclosure report and file CDIAC Report.  All information relating to any change to the credit ratings or the occurrence of Listed Events as identified in the Continuing Disclosure Agreement within three business days from the date of occurrence of such event.
 All ratings reports sent to the City by any rating agencies. Authorization for Rating Agencies, Trustees, and any other third parties to send information directly to Willdan.

Project Disclaimer
The Client further represents, acknowledges and agrees that:
(i) The Client uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The Client is not looking to Willdan to provide, and Client shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or t he issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provi ded hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;

17 (iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash-flow analyses, feasibility studies and/or other analyses Willdan may provide the Cli ent with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the Client, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the Client, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to pro vide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the Client recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the Client will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the Client is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.

Staffing
Mr. Mike Medve, Principal Consultant, will continue to serve as the project m anager for this engagem ent and Mr. Tyler Green will be the analyst dedicated to the project’s administration. They will be backed by our team of over 30 analysts, project managers, and principal consultants.

18 EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

19 Fees for Service
Community Facilities District Annual Administration
Willdan will perform the aforementioned services for the annual fee of $58,156 for FY 2022/23. If the number of parcels within increases substantially, it may cause a change in our fee structure. Hourly rates, fees, and expenses are subject to increase, not to exceed the Consumer Price Index within the applicable area.

Community Facilities District Annual Administration
Community Facilities District Parcel Count Annual Fees
CFD 2003-1 (Upland 54) 58 $4,537
CFD 2003-2 (The Colonies at San Antonio) IA 1 465 13,026 CFD 2003-2 (The Colonies at San Antonio) IA 2 52 10,585 CFD 2015-1 (Sycamore Hills) IA 1 168 4,859
CFD 2015-1 (Sycamore Hills) IA 2 11 4,108
CFD 2016-1 (Harvest) IA 1 377 5,706
CFD 2016-1 (Harvest) IA 2 183 4,668
CFD 2016-2 (Harvest Maintenance) 378 5,710
CFD 2017-1 158 4,957
Payoff Quote* (as requested) $500 per request
* The requesting party pays for fees for this service. There is no charge to the City.

Future CFD’s & Improvement Areas
Annual Administration
Base Fee Per Parcel
$3,750 $3.00
Delinquency Management
As the service is rendered, the following fees will be invoiced to the City. They are ultimately paid by, or on behalf of, the delinquent property owner.

Delinquency Management Services Fee
Fees Ultimately Reimbursed to Agency Recoverable Through the Special Tax Levy Reminder Letter (Per Parcel / Per District) $ 15
Demand Letter (Per Parcel / Per District) $ 45
Fees Ultimately Reimbursed to Agency by Delinquent Property Owner Foreclosure Letter (Per Parcel / Per District) $ 65
Prepare and Monitor Payment Plan (Per Parcel / Per District) $ 200 Effect Removal from Tax Roll and Record Subsequent Notice of Satisfaction $ 125 Subsequent Foreclosure Service Fee (Per Parcel) $ 150
Fees Paid Directly to Willdan by Requestor
Delinquency Demand Payoff (1) $ 50
Zero Demand (1) $ 50
(1) This fee complies with Section 8833 of the California Streets and Highways Code and/or Section 53356.2 of the California Government Code, which requires recording of a Notice of Intent to Remove Delinquent Special Assessments and/or Special Taxes from the County Tax Roll. It DOES NOT include the County tax roll removal charge or similar fee, if any.

20 Continuing Disclosure
The fee to provide continuing disclosure services per District bond issuanc e will be $1,250 per report and $500 per each additional Bonds issued on Parity.

Occurrence of Listed Event Notice Preparation
(If necessary) $500 per filing
Dissemination Fees
Annual Financial Information Statement (per debt issue) Included Reimbursable Expenses
Willdan will be reimbursed for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (current prevailing federal rate), maps, electronic data provided from the County and/or other applicable resources, construction cost periodicals, and copying (currently 6¢ per copy).

Any additional expense for reports or from outside services will be billed to the City. Charges for meeting and consulting with counsel, the City, or other parties regarding services not listed in the scope of work above will be at our then-current hourly rates (see “Additional Services” section).

In the event that a third-party request any documents, Willdan may charge such third party for providing said doc uments in accordance with Willdan’s applicable rate schedule. The fees for preparation of continuing disclosure report assumes that the City will provide information (if requested, and as necessary) as may be reasonably accessible to the City in an electronic format (as appropriate). Moreover, other than those specified in the scope of services, Willdan also reserves the right to charge fees directly to parties requesting copies of the continuing disclosure report. All annual fees are subject to annual increase at the rate of the Consumer Price Index.

The City shall reimburse Willdan for any costs incurred, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to the City or relating to the project. Reimbursement shall be at Willdan's hourly rates in effect at the time of such response.

Additional Services
Additional services may be authorized by the City and will be billed at our t hen-current hourly consulting rates. Our current hourly rates are:

Hourly Rates
Position Hourly Rate
Vice President - Director $ 210
Principal Consultant / Assistant Director 200
Senior Project Manager 165
Project Manager / Program Manager 145
Senior Project Analyst 130
Senior Analyst 120
Analyst 100
Analyst Assistant 75
Property Owner Services Representative 55
Support Staff 50

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

M I C H E L L E M A D R I Z , M A N A G E M E N T A N A LY S T S U B J E C T :B E V E R A G E C O N TA I N E R R E C Y C L I N G C I T Y/C O U N T Y PA Y M E N T

P R O G R A M G R A N T

R E C O M M E N D E D A C T I O N
I t is recom m end ed th at th e C ity C oun cil accep t the C al Recycle B everag e C on tainer Recyclin g C ity/C oun ty Paym en t P rog ram (Recyc le F un d i ng C ycle F Y 20 21 -22 ) G ran t Award of $19 ,70 0 and ap p rop riate the fu nd in g .

G O A L S T A T E M E N T
Th e p rop osed ac ti on sup p orts t he C i ty's g oal b y p ursu in g g rant fu n d in g t o s u p p l em en t the C ity's loc al fu nd in g res ources and exerci si ng p rud ent fi nan ci al m anag em en t of th e C it y’s S olid Waste p rog ram fun d s.

B A C K G R O U N D
O n J anu ary 1 8, 2 02 2, the C ity ap p lied to receive B everag e C on tainer Recycling C ity/C oun ty Paym en t P rog ram (Recyc le F u n d i n g C ycle F Y 20 21 -22 ) G ran t fun d ing to s up p ort t h e C ity's litter clean -up an d b everag e con tai n er recycling p rog ram s . T hi s fu n d in g has an exp en d itu re p eriod w hich b eg in s from t he d ate of t he award an d en d s M arch 1, 2 02 4. T h e fu n d in g i s used to p urch ase sup p lies and ed u cation al m aterials an d for p erson nel exp en ses associated w ith the b everag e contain er recycling collection p rog ram .

I S S U E S /A N A L Y S I S
Th is p rog ram p rovi d es fu n d in g from th e S tate for t he con ti nu ed p rop er m an ag em en t an d p rom otion of t he B everag e C on t ain er Rec ycl in g P rog ram to im p rove th e environ m en t an d red uce salvag eab le waste from land fill d isp osal.

Th e B everag e C on tai n er Recyc li n g C i ty/C oun ty Paym ent P rog ram fu n d s h el p t o aug m en t the solid waste p rog ram s for the p u rchase of trash b ag s, lit ter ab atem ent in p arks and rig ht of w ays, p rovid es fun d s for p ub li c ou treach effort s an d ot h er act ivi ti es as soc iat ed w i th th e p rop er collection, d isp osal an d recycling of b everag e contain ers.

F I S C A L I M P A C T S
Th e B everag e C on tai n er Recyc li n g P rog ram Year 20 21 -20 22 G ran t Award fu nd in g will b e tracked i n F un d 64 1 u nd er a p rog ram n um b er set u p sp ecifically for t hi s g ran t cyc le. T he F iscal Year 20 22 -23 b u d g et ed revenu es and exp end it ures w il l b e increased b y th e g ran t award of $1 9,7 00 .

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
CalRecycle Check
F unding Request Cert.

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R

J O S H U A W I N T E R , S E N I O R P L A N N E R
S U B J E C T :C O N S I D E R A T I O N O F Z O N I N G C O D E T E X T A M E N D M E N T N O. 22 - 00 02 , A N O R D I N A N C E A M E N D I N G U P L A N D M U N I C I PA L C O D E 17 .15 .13 0 P O L I T I C A L C A M PA I G N S I G N S – G E N E R A L .

R E C O M M E N D E D A C T I O N
I t i s rec om m en d ed that t he C i ty C oun cil con d u ct a p ub lic hearin g , h ol d first read in g b y title only, w aive fu rt h er read i ng , an d int rod uce an O rd in ance am en d i n g U p land M u n i ci p al C od e S ection 1 7.1 5.1 30 (Poli ti cal C am p ai g n S i g n s - G eneral), Zon in g C od e Text A m en d m en t N o.

Z A-2 2-0 00 2.

G O A L S T A T E M E N T
Th e p rop os ed act ion su p p ort s th e C ity's overarch in g g oal of en su ri ng th e U p l and M un icip al C od e p reserves constitu tional freed om s.

B A C K G R O U N D
L ocal reg ulation of sig nag e has lon g b een l im it ed b y the C onstitu tion of t he U n i ted S t ates . I n p articu lar, n u m erou s c ases have g one th rou g h th e cou rt s t hat lim it loc al ag enc y’s ab ilit y to reg ulate p oli ti cal sig ns, if sai d reg ulations viol ate in d ivid ual’s rig h t s to freed om of sp eech an d exp res s ion. A s such, t he C it y Attorney h as reviewed th e C ity of U p lan d reg u lat ion s reg ard in g p olitical sig ns and fou n d one instan ce t hat cau ses a constitu tional p rob lem – U M C S ection 17 .15 .13 0 (C ), w hich lim its p olitical sig ns to on e (1) sig n p er site.

I n B ald w in v. Red w ood C it y, th e c ou rt fou n d th at lim it ations on th e n u m b er of sig ns p osted or lim itation s on th e nu m b er of sig ns p osted on a sin g le p rop erty are not p erm issib le (B ald w in v.

Red wood C ity (1 97 6) 5 40 F.2d 13 60 ). A d d itionally, a C ity Attorn ey p ap er h as stated :
"...an at tem p t to req u ire th at tw o s ig n s for t he sam e can d i d at e b e s ep arated b y som e d istan ce, s ay 1 00 feet ap art, w ou l d als o ap p ear to b e un con st it ut ion al b ecause the

effect w ould b e to l im it t h e total n um b er of sig ns a can d i d at e can p ost . P roh ib itin g m ore th an on e cand id ate from p ost in g a si g n on a g iven s u p p ort wou ld al so seem likely to c au s e a con st it ut ion al p rob lem ." (S ee "Reg ulation of Poli ti cal S i g n s," J ohn L . Fellow s I I I , L eag u e of C alifornia C ities C ity Attorn ey D ep artm ent, S p ring M eetin g , M ay, 19 99 .)

B ased on the recom m en d at ion b y th e C i ty A tt orn ey’s offi ce, th e P l an n in g D ivision i ni ti ated the p rocess to am en d the cod e, p rior t o th e next election, to ensure th e con stitution al rig hts of resid ents seeking offi ce or seekin g to exp ress th eir p oli ti cal vi ew s on variou s is su es, an d m em b ers of the p ub lic are p rotected .

Th is Z on i n g C od e A m en d m en t was p resented t o t he P lan n i n g C om m is si on at i ts m eeting s on J u ly 2 7, 2 02 2 and A u g u st 2 4 , 2 02 2. T h e P lann in g C om m is si on en g ag ed in d i sc u s si on ab ou t th e p rop os ed am en d m ent , an d c on s id ered al ternat ive reg ulations. U l ti m at ely, th e C om m ission voted t o rec om m en d ap p roval of th e am en d m ent w ithou t an y m od i fic ati on s . (S ee E xh ib it B - P lann in g C om m ission Resolu tion)

I S S U E S /A N A L Y S I S
C u rrent Reg u lation s

U M C 17 .15 .02 0 d efines a “p olitical sig n ” as a sig n erect ed p rior to an election t o ad vert is e or id entify a cand id ate, cam p aig n issue, election p rop osition , or other related m atters. C u rrently, p olitical sig ns are reg u lat ed un d er U M C 17 .15 .13 0 (Political C am p aig n S ig n s – G eneral).

E ssentially, the C ity reg ulates p olitical sig ns b y tim e, p lace an d m ann er. C urren t reg u lation s are as follow s:

“P olitical c am p aig n si g n s sh all b e p erm it ted i n an y zon e sub ject t o t he g rantin g of a p erm it b y th e C i ty M an ag er or d esi g n ee for eac h local, sp ecial, d i st ri ct , st ate, or nation al election , w hen su ch sig n s satisfy each of the following con d itions.

A . S tatement o f U nderstanding. A p p licant s s hal l s ig n a st atem ent in d i cat in g th at th ey u n d ers tan d t h e reg u lat ion s an d t hat it is p res u m ed t h at any sig n ad vertisin g the can d id acy of any p art ic u l ar can d id ate ap p lican t was erec ted an d /or p laced b y an d w ith con sen t of th at c an d id ate ap p li can t. L ikewise, i t is p resu m ed t hat all sig ns ad vertisin g or p rop ou n d i n g a p articu lar affirm at ive or neg ative vote on an i ss u e and /or p rop osal w ere p l aced and /or erected b y t he p erson or com m it tee ap p li can t p rop oun d i ng th at p rop osition .

B . T ime L imit. A l l sig ns ad vert is in g cand id ates or sp ecific i ss u es sh all b e rem oved w ithin 1 0 d ays aft er th e d at e of th e elect ion b y th e c an d id ate, p erson or com m ittee ap p lican t ad vertisin g the cand id acy, issue or p rop osal.

C . M axim um N umber o f S igns Per S ite. N o can d id ate n or any com m ittee or p erson favoring or op p osin g a sp ecific issue shall h ave m ore th an on e p olitical sig n p er site.

D . M axim um T o tal A rea. N o sig n sh all exceed six sq uare feet in total area in resid ential zon es, n or m ore than 16 sq uare feet in com m ercial or ind ustrial zon es.

E . M axim um H eight. Th e sig n sh all n ot exceed an overall h eig ht of four feet in resid ential zon es, n or m ore than six feet in com m ercial or ind ustrial zon es.

F . L ighting. Th e sig n sh all not b e lig hted eith er d irectly or in d irectly.

G . A ttachm ent. Th e sig n sh all n ot b e attach ed to an y t ree, fen ce p ost, u ti li ty p ole, n or affixed in any p erm anen t m ann er to any structu re.

H . L o catio n. N o si g n sh all b e p ost ed in th e p u b li c ri g h t-of-w ay. (O rd . 19 27 § 2, 20 17 )”

P rop osed C han g es

A s noted ab ove, th e p rop osed am end m en t will d elete S ub section “C ” ab ove, wh ich read s:

“C . M axim u m N u m b er of S ig ns P er S ite. N o cand id ate n or an y com m ittee or p erson favorin g or op p osing a sp eci fic is su e sh all h ave m ore t h an on e p olitical sig n p er site.”

A s a result of this am en d m ent, the C ity m ay see an in crease in sig ns on p rivate p rop erty, p articu larly at d esirab le l ocat ion s w it h h ig h visib ilit y, b u t th is increase w il l likely b e n eg lig ib le.

F u rtherm ore, al l ot h er reg u l ati on s reg ard in g p olitical sig n s will rem ai n i n fu ll effect , as the cou rts h ave fou n d th at l ocal ag encies st ill h ave the au th ority t o reg u late tim e lim it, m axim u m total area, m axim u m heig h t, lig h ting and location of sig ns. Political sig n s w ill still b e p rohib ited in t h e p u b l ic rig h t -of-w ay wh ic h w il l offset t h e in crease of sig ns on p rivate p rop erty. I n ad d it ion , can d id ates for offi ce are st ill req u ired to s ig n a stat em en t of un d erstand in g , in d i cat in g t h ey wi ll ab i d e b y th e reg ulations s et forth in th e Up lan d M un icip al C od e. T h es e reg u l ati on s w il l en su re t he C it y’s interest in p reservin g p ub li c h ealt h, safety an d w elfare is b alanced with con stitution al rig hts.

P lann in g C om m ission Recom m end ation

Th e P l ann in g c om m is si on of th e C it y of U p land has rec om m en d ed th at t h e C ity C oun ci l ad op t an O rd inan ce am end in g U p land M u nicip al C od e (U M C ) S ection 17 .15 .13 0 (Political C am p aig n S ig n s – G en eral), s p ec ifi cal ly d elet in g sub section “C ” wh ich li m i ts th e n u m b er of p olitical sig n s to one (1 ) sig n p er site. (S ee E xhib it A - D raft O rd in ance)

F I S C A L I M P A C T S
Th is action is not anticip ated to h ave any fiscal im p acts.

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
Draft Ordinance
Planning Commission Resolution

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF UPLAND, CALIFORNIA, AMENDING UPLAND
MUNICIPAL CODE SECTION 17.15.130 (POLITICAL

CAMPAIGN SIGNS - GENERAL), ZONING CODE TEXT
AMENDMENT NO. ZA-22-0002

WHEREAS, the City of Upland (“City”) desires to allow political speech protected under the First Amendment to the United States Constitution; and WHEREAS, the City’s Municipal Code Section 17.15.130 contains regulations concerning political campaign signs; and
WHEREAS, the City Council recommends removing the maximum number of signs per site restriction in order to allow more political speech; and WHEREAS, Upland Municipal Code Section 17.43.020 (Table 17.43-1) identifies the decision making authority as the City Council, with the Planning Commission being a recommendation body; and

WHEREAS, on July 27, 2022 at 6:30 p.m. the Planning Commission conducted a public hearing for the project, continued the public hearing to August 24, 2022, and heard and considered both oral and written evidence and recommended that the City Council adopt an Ordinance amending the Zoning Ordinance Section 17.15.130 in order to remove the maximum number of signs per site restriction; and

WHEREAS, a notice of a public hearing on said application has been given in the manner and for the time required by law; and

WHEREAS, on September 26, 2022 at 7:00 p.m. the City Council conducted a public hearing for the project and heard and considered both oral and written evidence.

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

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

Section 2. Findings: Upland Municipal Code Section 17.48.060 provides that the approval body, before it may approve a Zoning Code Text Amendment, shall make a determination to allow the activity based upon the following findings:

1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.

Evidence: No community or specific plan is applicable to the proposed sign regulations. The proposed amendment is consistent with the General Plan in that the City’s political sign ordinance will continue to

Ordinance No.

allow the City to promote a high quality and aesthetic environment through the regulation of signage, while ensuring the ordinance is consistent with the Constitution of the United States. Furthermore, the ordinance is consistent with the following General Plan goals and policies:

A. Goal LU-1: A viable community with a mix of land uses and building types that offer a wide range of choices to live, work, shop and participate in civic, cultural, open space, and recreational opportunities.

Fact: The text amendment will allow for additional choices for sign placement, broadening civic opportunities. The text amendment will also promote consistency with federal requirements, and preserve constitutional freedoms, thereby increasing civic participation.

B. Policy LU-6.2: Compatibility of Uses: Control the location, concentration and operations of land uses that have potential impacts on surrounding development through effective design principles, adequate buffering, and enforcement of regulatory documents.

Fact: The text amendment continues to allow the City to adequately regulate political signs in order to reduce potential impacts by continuing to apply regulations on location and size, while still providing appropriate regulations allowing for the posting of political signs in a manner that is consistent with state and federal laws, the Constitution of the United States, and current case law

2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.

Evidence: The proposed Zoning Amendment will continue to fairly regulate political signs while protecting the constitutionally protected freedom of speech of the City’s residents. The amendment may result in an increase in the number of political signs posted, but the remaining City regulations regarding political signs are adequate to protect public interest, health, safety, and welfare of the City.

3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance. No other Specific Plans specifically regulate political signs, therefore, these regulations will apply to the City as a whole.

Section 3. Ordinance: Amending the Municipal Code.

Ordinance No.

A. Section 17.15.130 of Chapter 17.15 of Title 17 of the Upland Municipal Code is hereby amended as follows:

“17.15.130 Political Campaign Signs—General

Political campaign signs shall be permitted in any zone subject to the granting of a permit by the City Manager or designee for each local, special, district, state, or national election, when such signs satisfy each of the following conditions.

A. Statement of Understanding. Applicants shall sign a statement indicating that they understand the regulations and that it is presumed that any sign advertising the candidacy of any particular candidate applicant was erected and/or placed by and with consent of that candidate applicant.

Likewise, it is presumed that all signs advertising or propounding a particular affirmative or negative vote on an issue and/or proposal were placed and/or erected by the person or committee applicant propounding that proposition.

B. Time Limit. All signs advertising candidates or specific issues shall be removed within 10 days after the date of the election by the candidate, person or committee applicant advertising the candidacy, issue or proposal.

C. Maximum Number of Signs Per Site. No candidate nor any committee or person favoring or opposing a specific issue shall have more than one political sign per site.

DC. Maximum Total Area. No sign shall exceed six square feet in total area in residential zones, nor more than 16 square feet in commercial or industrial zones.

ED. Maximum Height. The sign shall not exceed an overall height of four feet in residential zones, nor more than six feet in commercial or industrial zones.

FE. Lighting. The sign shall not be lighted either directly or indirectly.

GF. Attachment. The sign shall not be attached to any tree, fence post, utility pole, nor affixed in any permanent manner to any structure.

HG. Location. No sign shall be posted in the public right-of-way.”

Section 4. Compliance with California Environmental Quality Act. This Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)), the common sense exemption covering activities with no possibility of having a significant effect on the environment because the Ordinance does not result in any actual installation or construction of any political campaign signs, and only establishes regulatory guidelines for future political campaign signs.

Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be

Ordinance No.

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 Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

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

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

PASSED, APPROVED, AND ADOPTED this 26th day of September 2022.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 26th day of September 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 10th day of October, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Item No. 12A

PUBLIC SAFETY COMMITTEE MEETING
SEPTEMBER 19, 2022
**********

CONCLUSION/ACTION SUMMARY

1) CALL TO ORDER AND ROLL CALL In attendance: Committee Chairperson Garcia, Committee Member Elliott, and Police Chief Blanco

2) ORAL COMMUNICATIONS

Brian Weide, stated that the intersection at Benson Ave and Mildura Ave is dangerous and drivers frequently speed through that area. He further requested that a traffic light be installed at the intersection.

3) UPLAND POLICE DEPARTMENT STAFFING PRESENTATION, Police Chief Blanco presented a PowerPoint on Quality of Life: Community Engagement, Recruitment and Retention, Operation Effectiveness, and Employee Development and Training. He also provided the Committee with information on staffing levels in the department, comparisons with surrounding agencies, and loss of officers to other agencies.

Public Safety Committee
September 19, 2022
5:00 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.UP L A ND P O L I C E D E PA RT ME NT S TA F F I NG P R E S E NTAT I O N 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 S e p t e m b e r 1 5 , 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 a t 123 E . D S t re e t (C a rne g i e B u i l d i ng ), 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 nd P u b l i c L i b ra ry), 460 N . E ucl i d A ve nue (U p l a n d C i t y H a l l ), a nd o n t h e 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

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

https://www.uplandca.gov/public-safety-
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)

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R , C PA , A S S I S TA N T C I T Y M A N A G E R S U B J E C T :C O N S I D E R A T I O N O F A N O R D I N A N C E A M E N D I N G T H E P O W E R S

A N D D U T I E S O F T H E C I T Y M A N A G E R I N T H E U P L A N D M U N I C I PA L

C O D E

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 hol d first read in g b y ti tl e only, wai ve fu rt h er read in g , and i n t rod u c e an O rd i n an ce am en d in g t h e C it y M an ag er Pow ers and D ut ies section of the Up lan d M un icip al C od e.

G O A L S T A T E M E N T
Th e p rop osed act ion s u p p orts th e C ity's g oal of en su ri n g th at the U p lan d M un icip al C od e com p lim ents curren t C ity p ractices, reg u lation s, an d p olicies.

B A C K G R O U N D
Resolution N o. 5 6 0 8 ad op ted on A u g u s t 9, 20 04 es tab li sh ed th e level in wh ich in form al b id p roced ures an d p urch ases cou ld take p lace up to $50 ,00 0.

I n 20 12 , C ity C ou n c il ad op t ed O rd i n an ce 18 65 , w h i ch record ed the t hresh old b y w hi ch the C ity M anag er cou ld si g n a c ont rac t on b ehal f of t he C ity wi th out C oun cil ap p roval (assum in g C ou ncil h ad alread y au t h orized the b u d g et th at wou ld b e u sed t o p ay th e ag reem en t ) at $5 0,0 00 .

I S S U E S /A N A L Y S I S
I t is un known th e len g t h of t he t h e c u rren t $50 ,00 0 C it y M an ag er si g n in g au th ori ty th reshold has b een in existence. W h ile th e U p l an d M u nicip al C od e fi rs t record ed a t h resh old at the $5 0,0 00 level w it h O rd in an c e 1 86 5 in 20 12 , sig ni ng au th ori ty th res h ol d s are rarely m em orialized b y ord inan ce. I t is likely th at the sig ning th reshold was estab lished b y p olicy

p rior t o b ein g record ed in th e Up lan d M u nicip al C od e. Perh ap s t h at level was es tab li sh ed in th e p u rc h as in g p ol icy in 2 0 0 4 in conju ncti on w ith Res olu ti on N o. 5 60 8 wh ic h est ab lished the in form al b id p roced ures an d p urch ases th reshold at $5 0,0 00 .

Reg ard less of th e orig inal estab lishm ent d ate, in th e 18 years since 20 04 and th e d ecad e sin ce 20 12 , t he cos t of g ood s an d services h ave contin ued t o i n c reas e. S taff rec en t ly reach ed ou t to th e neig h b orin g c it ies of Ran ch o C u cam on g a, Fon tan a, an d O n tario, an d eac h of th ose cities have estab lished $10 0,0 00 as the th reshold b y w hich a C ity M an ag er m ay ap p rove an d sig n a con tract on b ehalf of th e C ity.

Th e C it y of U p l and 's C ity M an ag er Pow ers an d d uties s ect ion of t he U p land M un ic ip al C od e (S ection 2.0 4.0 70 ) cu rrently au t h orizes t he C i ty M anag er to "s ig n a con tract on b eh alf of the city for t he p u rchase of eq u i p m en t , m aterial s, su p p lies or s ervi ces p rovi d ed t he exp en d itu re for sam e i s au th orized b y t h e curren t ann ual b u d g et and t he con tract am ou nt d oes n ot exeed $5 0,0 00 for any on e ven d or or p rofessional i n t he sam e fis cal year. ...T he ci ty m anag er shall notify th e city coun cil in writin g at least once p er m on th of th e execution of any con tracts execu ted b y the city m an ag er for the city."

Th e recom m en d ed ord in ance wou ld m aintain t h e req u irem en ts for exp en d itu res t o b e authorized b y th e curren t ann ual b ud g et an d req u i re rep ort in g of al l con tract s si g n ed b y the C ity M anag er to b e p rovid ed to C ity C ou n ci l m on th ly. Th e on ly c h an g e is revi si n g t he sig n in g authority from $5 0,0 00 to $10 0,0 00 .

F I S C A L I M P A C T S
Th e fiscal im p ac t of th is i tem is l im it ed to the p u b l icati on of th e O rd i nan ce su m m ari es an d cod ification of th e O rd in anc e in to t h e Up lan d M un icip al C od e. T hes e cos ts h ave b een in clud ed in th e C ity C lerk b u d g et an d n o ad d ition al ap p rop riation is necessary.

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

AT TAC HM E NT S :

Description
Ordinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AMENDING THE CITY MANAGER

POWERS AND DUTIES SECTION OF THE UPLAND

MUNICIPAL CODE

WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the laws of the State or the United States; and

WHEREAS, the City Manager Powers and duties section of the Upland Municipal Code has established the dollar threshold by which the City Manager may sign a contract on behalf of the City for the purchase of equipment, materials, supplies or services; and

WHEREAS, the costs of goods and services for the City continue to increase over time; and

WHEREAS, City Staff recommend amending the City Manager signing authority threshold in conjunction with those increased costs and to be commensurate with nearby cities of Rancho Cucamonga, Fontana and Ontario; and

WHEREAS, the proposed revisions are detailed in the Staff Report provided to the City Council at its regular meeting on September 26, 2022.

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

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

Section 2. Amendment of Section 2.04.100. Section 2.04.100 of Chapter

2.04 of Title 2 of the Upland Municipal Code is hereby amended to read in its entirety as follows:

“Section 2.04.070 Powers and duties.

A. The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this code. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.200, inclusive.

B. Under Government Code Section 40602(b), the mayor is vested with the authority to sign all written contracts and conveyances made or entered into by the city while the city council may provide by ordinance that written contracts and conveyances may be signed by an officer other than the mayor.

Ordinance No.

Therefore, the city manager may sign any written contract or conveyance on behalf of the city whenever the city council so authorizes the city manager by motion or resolution subject to such condition or limitation that the city council may impose upon such authority to the city manager.

C. The city manager also may approve and sign a contract on behalf of the city for the purchase of equipment, materials, supplies or services provided the expenditure for same is authorized by the current annual budget and the contract amount does not exceed $100,000.00 for any one vendor or professional in the same fiscal year. Additionally, the city manager may also approve and sign contracts between the city and other government agencies and non-profit organizations that are “no cost” to the city and do not impose or assume any liability to the city that it would not otherwise have in the absence of the contract. The city manager shall notify the city council in writing at least once per month of the execution of any contracts executed by the city manager for the city.

It shall be the duty of the city manager to, and he or she shall, appoint, remove, promote, demote, and discipline any and all officers and employees of the city, except the city treasurer and city attorney, unless otherwise prescribed by this code. (Ord. 1870 § 3, 2013; Ord. 1865 § 1, 2012; Prior code § 2310.070)”

Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance 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 Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance 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 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.

Ordinance No.

PASSED, APPROVED, AND ADOPTED this ____ day of _________, 2022.

Bill Velto, Mayor

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

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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

D A T E :S ep tem b er 26 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

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 :A M E N D M E N T N O. 1 TO C O O P E R A T I V E A G R E E M E N T W I T H T H E

C O U N T Y O F S A N B E R N A R D I N O F O R J O I N T R O A DW A Y

I M P R O V E 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 end ed th at th e C ity C oun cil ap p rove A m end m en t N o. 1 to the C oop erative A g reem ent w it h th e C ou n ty of S an B ern ard i n o; aut horize t he ap p rop riation of $1,2 92 ,50 0 from th e G en eral F u n d I n frastructu re I m p rovem en t Reserve; an d , au th ori ze th e C it y M anag er to execute th e A m end m en t.

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
O n S ep t em b er 1 3 , 2 0 2 1 , th e C it y C ou n ci l ap p roved t he orig inal C oop erative A g reem en t w ith th e C oun ty of S an B ern ard i n o to resu rface several road ways wi th in t h e S an A n t on i o H eig hts area, wh ere som e of th e road w ays h ave juris d i ct ion al lim its along th e c en t erl in e, i n w hich h alf of t he road w ay fal ls i n the C ou nt y, an d th e ot h er half fal ls i n th e C ity. I n ad d it ion , A D A ram p s w ithin the scop e of th e p roject w ill b e reconstructed to curren t A D A stan d ard s.

Un d er th e A g reem en t, t he C ou nty serves as t he l ead ag en cy an d m an ag es th e construction con tract.

O n J u ne 14 , 2 02 1, C ity C oun ci l est ab l is h ed th e G en eral F u n d Reserve Policy w it h th e ad op tion of Resolution N o. 65 95 . Th e Reserve Policy calls for 30 % of any year-end op erating su rp lu s

(after t he E conom ic U nc ert ain ty Reserve and E m erg en cy D is ast er C ontin g en cy Reserve are fully fu nd ed ) to b e d ep osited into an I nfrastru cture I m p rovem en t Reserve.

Th e I n frastructu re I m p rovem ent Reserve fun d s are set asid e for n on-routin e m aintenan ce, con stru ction , or rep lacem en t of key C i ty-own ed in frastructu re as set s (e.g ., st reet s, sid ewalks, tree t ri m m in g , et c.) an d are est ab lished to p rovid e cap it al rep ai r an d rep lacem ent fun d ing as th e C it y's in frastructu re d et eri orat es over i ts exp ec ted useful l ife. A s of D ec em b er 3 1, 2 02 1, th e C ity h as accu m u lated $3,0 11 ,00 0 in the I nfrastru cture I m p rovem en t Reserve.

I S S U E S /A N A L Y S I S
I n S ep t em b er 2 02 1 wh en th e ori g i nal coop erative ag reem en t was execu ted an d d esig n w ork b eg an, t he estim ated tot al p roject cos t w as $10 ,25 0,0 00 . S in ce t h en , construction c ost s have in creased an d t h e C ou n ty h as s u b seq u en tl y u p d at ed t he esti m at ed construction cost to reflect th e cu rrent econ om ic clim ate, w ith the u p d ated costs com in g in at $1 8,5 25 ,00 0.

I n ord er to m ove t h e p roject forw ard , b oth th e C ity an d C ou nt y need t o in crease their resp ective con trib ution s to ad ju st for t he i nc reas ed c ost s. T h e C it y's sh are i s es ti m at ed at $2 ,01 0,0 00 , however u p on com p letion of p u b lic b i d d in g , con stru ction , p ot en t ial chan g e ord ers, etc., t h e C ity's s hare of the c ost cou ld increase. I n n o event sh all U p lan d 's sh are exceed $2 ,51 2,5 00 (25 % in crease over th e p roject cos t es ti m at e) w it h ou t w rit ten ap p roval from the C ity. S hou ld the 25 % increase n ot b e necessary, th ose ap p roved fu nd s w ould return to fu nd b alance.

S taff recom m en d s u ti li zi n g fun d ing ac cu m u lat ed in th e I n frastructu re I m p rovem en t Reserve to p ay for th e ad d itional cost s. T hi s w oul d p revent G as Tax-fu n d ed p rojec ts from b ei n g p u t on hold an d still allow th e C oop erative A g reem en t p rojects to b e com p leted .

F I S C A L I M P A C T S
Th e est im ated p roject costs, t he avai lab le fun d s in th e ad op ted F Y 2 02 2-2 3 C ap ital I m p rovem en t P roject (C I P ) B u d g et, an d ad d itional ap p rop riations are sum m arized b elow:

E stimated P ro ject C o sts

A m end m en t N o. 1 $2,5 12 ,50 0.0 0
C ity-own ed S ew er M anh ole A d ju stm en ts to F in ish G rad e $1 50 ,00 0.0 0 T o tal C o ntract W o rk:$2,662,500.00

C on stru ction A d m inistration and I n sp ection $35 ,00 0.0 0 T o tal Pro ject C o st:$2,697,500.00

F unding

F Y 22 -23 C I P A ccoun t N o. 2 04 -75 00 -70 00 7 (G as Tax)$1,2 55 ,00 0.0 0 F Y 22 -23 C I P A ccoun t N o. 6 45 -75 00 -94 00 2 (S ew er F un d )$1 50 ,00 0.0 0 A d d itional A p p rop riation - I n frastructu re I m p rovem ent Reserve from G eneral F un d B alan ce A cct. N o. 1 01 -00 00 -37 32 $1,2 92 ,50 0.0 0
T o tal Pro ject F unding:$2,697,500.00

A L T E R N A T I V E S
A lternate ap p roaches in clud e:

1. P lacing t h e curren t years' G as Tax p rojects on hol d an d u s in g p roceed s from t h e G as Tax F u nd to cover the ad d itional cost.

2. D eclin in g t o en g ag e in th e coop erat ive ag reem en t wi th th e C oun ty of S an B ernard ino, cau sing th e res u rfaci n g of several road w ays and A D A ram p p rojects i n S an A n ton io

H eig hts to b e u ncom p leted .

3. P rovid e altern ative d irection to staff.

AT TAC HM E NT S :

Description
Amendment No 1
Original Agreement
Vicinity M ap

Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Public Works

Department Contract Representative Arlene B. Chun, M.S., P.E., Engineering Manager -
Transportation Planning Division
Telephone Number (909) 387-8167

Project Mountain Avenue and other roads
Contractor City of Upland (CITY)
Contractor Representative Bob Critchfield, P.E., Engineering Manager Public Works
Telephone Number (909) 291-2946
Contract Term 10/5/2021 – 12/31/2026
Original Contract Amount $1,205,000
Amendment Amount $805,000
Total Contract Amount $2,010,000
Cost Center 6650002000 34H15037

IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specificat ions, and addenda, if any.)

AMENDMENT NO. 1

Recitals

WHEREAS, San Bernardino County (COUNTY) and the City of Upland (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) previously entered into County Contract No. 21-734 (herein after referred to as “the Agreement”) wherein the parties agreed to cooperate and jointly participate in pavement rehabilitation and an Americans with Disabilities Act (ADA) curb ramp and other related improvements in the San Antonio Heights area (PROJECT); and

WHEREAS, construction material costs have increased and the parties share of PROJECT costs require adjustment; and

WHEREAS, the County and City are willing to increase their respective contributions to adjust for such increased costs in order to move forward with the PROJECT.

Contract Number

21-734 A-1

SAP Number

Revised 7/15/19 Page 2 of 4
NOW , THEREFORE, in consideration of the mutual covenants and conditions provided herein, the Parties hereto agree the AGREEMENT, County Contract No. 21-734, is amended as follows:

1. DELETE the Agreement’s eighth WHEREAS recital and REPLACE it with a revised eighth WHEREAS recital, which shall read as follows:

WHEREAS, the total PROJECT cost is estimated to be $18,525,000; and

2. DELETE the Agreement’s ninth WHEREAS recital and REPLACE it with a revised ninth WHEREAS recital, which shall read as follows:

WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $16,515,000 and the CITY’s share of PROJECT cost is estimated to be $2,010,000, as more particularly set forth in revised Exhibit “B”; which is attached hereto and incorporated herein by this reference; and

3. DELETE the existing paragraph 1.13 and REPLACE it with a revised paragraph 1.13, which shall read as follows:

1.13 Based on the COUNTY percentage calculated pursuant to paragraph 1.12, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $16,515,000 and shall not exceed $20,643,750 (25% increase over the COUNTY’S PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17.

4. DELETE the existing paragraph 2.6 and REPLACE it with a revised paragraph 2.6, which shall read as follows:

2.6 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.14 above, pay to the COUNTY the remainder of its share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.12. The PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of PROJECT costs is currently estimated to be $2,010,000 and shall not exceed $2,512,500 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative.

5. ADD paragraph 2.8, which shall read as follows:

2.8 Provide a qualified CITY representative who has the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is needed within the CITY’s limits.

6. DELETE the existing paragraph 3.7 and REPLACE it with a revised paragraph 3.7, which shall read as follows:

3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid process, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated total of the PROJECT’s cost of $18,525,000 (which is the sum of $16,515,000 from COUNTY and $2,010,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e., whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in Section 1.13 and 2.6, respectively.

Revised 7/15/19 Page 3 of 4

7. DELETE the existing Exhibit “B” and REPLACE it with a revised Exhibit “B”, attached to this Amendment and incorporated into County Contract No. 21-734 by this reference.

8. The recitals of this Amendment No. 1 are incorporated into the Agreement by reference.

9. Except as amended by this Amendment No. 1, all other terms and conditions of County Contract No. 21- 734 shall remain the same.

10. This Amendment No. 1 may be executed by the Parties in counterparts, all of which together shall constitute a single agreement.

11. This Amendment No.1 to the Agreement, County Contract 21-734, is effective on the date it is approved and signed by both Parties, and shall conclude upon satisfaction of the terms identified in paragraph 3.16 of the Agreement or on December 31, 2026 (whichever occurs first).

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Aaron Gest, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date

SAN BERNARDINO COUNTY

CITY OF UPLAND
(Print or type name of corporation, company, contractor, etc.)

By

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

Michael Blay
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

460 N. Euclid Avenue

Upland, CA 91786

Standard Contract Page 1 of 4
EXHIBIT B-1

DESCRIPTION AMOUNT

COUNTY OF SAN

BERNARDINO
SHARE

CITY OF UPLAND
SHARE
Construction
(including contingencies) $16,475,000 $14,705,000 $1,770,000 All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and County overhead
$2,050,000 $1,810,000 $240,000
TOTAL $18,525,000 $16,515,000 $2,010,000

COUNTY OF SAN BERNARDINO

DEPARTMENT OF PUBLIC WORKS
DISTRICT 2
YARD 1
H15037
San Antonio Heights Area

LOCATION MAP

MOUNTAIN AVENUE AND OTHER ROADS
Various Roads/Locations
Rehabilitation and Guardrail Replacement Project

Legend:

Rehabilitation (County/City shared road)
Rehabilitation (City of Upland)
Guardrail Replacement
ADA Ramps