Upland City Council
October 24, 2022

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

A G E N D A
O ctobe r 2 4 , 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: A p p roxim ately a 1,7 16 sq uare foot area loc ated w it h i n th e north east corner of M em orial Park in th e C ity of U p land .

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:

A T&T M ob ility, I n c.

Un d er
N eg otiation :

P rice and term s of p aym ent of lease ag reem en t
* * * * * * * * * * * *
7:00 P M

5.I N V O C A T I O N
D r. G reg B row n, Pastor/M ission ary

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
P roclam ation Recog n izin g the Week of O ctob er 23 , 20 22 as N ation al Lead Poison in g P reven tion Week
Recog n ition of O fficers D ylan B artley an d S arah N akam ura b y Poli ce C hief B lan co

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 u lar M eet in g M i n u tes of O c tob er 1 0, 20 22 . (S taff Person :

Keri J oh nson)
B.2 N D R E A D I N G O F O R D I N A N C E 19 69 R O S E G L E N S P E C I F I C P L A N LO C A T E D A T 14 00 E . A R R O W H I G H W A Y (A P N : 10 46 -48 1-1 4) H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd in ance N o.1 96 9 ad op ting Zon e C h an g e N o. Z C-2 1-0 00 2 to am en d ing th e Zon in g D es ig nat ion of t he p roject si te from L ig ht I nd ustrial (L I ) t o S p eci fic P lan (S P ) an d ad op t in g S p ecific P l an N o. S P -21 -00 02 for th e Rose G len S p ecific P lan for t h e p roject s it e. (S t aff Person : Rob ert D alq uest)
C .2 N D R E A D I N G O F O R D I N A N C E 1 97 0 R E G A R D I N G S M O K E S H O P S,

M A S S A G E T H E R A P Y, A N D S M O K E LO U N G E /E -V A P E /H O O K A H LO U N G E S H old sec on d read i n g b y n u m b er an d ti tl e on ly, w aive furth er read in g , and ad op t O rd in an c e N o. 19 70 am en d ing Up lan d M u n i ci p al C od e Tab le 1 7.0 4-1 (Perm itted Lan d U ses in t he Resi d en ti al Z on es ), Tab l e 1 7 .0 5 -1 (Perm itted L and U ses in t h e M ixed -U se Zon es), Tab le 1 7.0 6-1 (Perm it ted L an d U ses in th e C om m ercial Zon es), Tab le 17 .07 -1 (Perm itted Lan d U ses in th e I n d u strial Z ones), Tab l e 17 .08 -1 (Perm it ted L and U ses in t h e S p ecial P u rp ose Zones), C hap ter 1 7.2 9 (M as sag e T h erap y) an d C h ap ter 17 .51 (D efin ition s), an d ad d in g n ew C hap ter 1 7.4 2.5 p ertaining t o sm oke sh op s, and fi nd in g the O rd in an c e to b e exem p t from the C al iforni a E nviron m en tal Q uality. (S taff Person: Rob ert D alq uest)
D.C O N S I D E R A T I O N O F A R E S O L U T I O N P R O M OT I N G C O L L A B O R A T I O N

A N D C I T Y W I D E C O N S I D E R A T I O N O N T H E C I T Y C O U N C I L A d op t a Resolution estab lishing a com m itm ent to p rom oting collab oration and ci tywi d e con sid eration on t h e C ity C ou ncil. (S taff Person : Keri J oh nson)
E .C O N S I D E R A T I O N O F A R E S O L U T I O N A M E N D I N G T H E C O M P E N S A T I O N

P L A N F O R PA RT-T I M E E M P LOY E E S
A d op t a Resolu tion am end in g th e C om p en sat ion P lan for p art-tim e em p loyees to com p ly w ith C alifornia M in im um Wag e law. (S taff Person :

S tep h en Parker)
F.R E P O R T O U T O F T H E 2 02 2 L E M O N F E S T I V A L F I N A N C I A L S Receive an d fi le t h e S oun d skil z I nc. P rofit an d Los s S tat em en t relat in g to th e 20 22 Up lan d Lem on Festival. (S taff Person : S tep h en Parker) G .D I S P O S A L O F S U R P L U S E Q U I P M E N T D eclare i tem s as s urp l us an d au th ori ze th e C i ty M an ag er to in itiate d isp osal of th e su rp lu s eq uip m ent. (S taff Person: S tep hen Parker) H .A M E N D M E N T S TO TO W S E R V I C E A G R E E M E N T S A p p rove th e secon d am en d m en ts t o th e orig in al ag reem en t s w it h S teve's Towing and M r. T 's Towi ng to p rovid e tow s ervi ces for th e sec on d ad d itional year; and au th ori ze th e C it y M an ag er t o execut e t h e am en d m en t s. (S taff Person: M arcelo B lan co)
I .C O N S I D E R A P P R O V A L O F P R O C U R E M E N T O F R E S T R O O M F I X T U R E S A T

G R E E N B E LT A N D M A G N O L I A PA R K S
A p p rove t he p rocu rem ent of rep lacem ent rest room p art it ion s, toilets, urin als, fau c ets , sin ks, and su p p ort in g hard ware t hroug h Th om p son P lum b ing S up p l y I n c . not t o exceed $60 ,00 0. (S taff Person : S tep hen Parker)
J.M A I N T E N A N C E S E R V I C E S A G R E E M E N T F O R T H E R E H A B I L I TA T I O N O F C I T Y W E L L 1 A
Aw ard a M aintenan ce S ervices A g reem ent to G en eral P um p C om p an y I nc. for the rehab ilit ation of C it y Wel l 1 A i n t h e am ou n t of $1 2 5 ,1 0 5 ; ap p rove a

con ting ency am ou n t of $2 4,8 95 for a total am ou n t of $15 0,0 00 ; authorize th e C ity M anag er to execu te th e ag reem ent an d all extension s: and ap p rove a b ud g et ad ju stm en t of $15 0,0 00 to cover the cost of th is p roject. (S taff Person: B rad en Yu )
K .F I R S T A M E N D M E N T TO A G R E E M E N T W I T H G E N E R A L P U M P C O M PA N Y A p p rove th e first am end m en t to G en eral P um p C om p any I n c.’s M aintenan ce S ervice A g reem en t for th e reh ab ilitation of C ity Well 7 A for an ad d ition al am oun t of $1 02 ,04 0 for a new t otal contract am oun t of $2 92 ,04 0; au th ori ze th e C it y M an ag er to execu te th e am end m en t; and ap p rove a b ud g et ad ju stm en t of $10 2,0 40 to cover the ad d itional con tract am ou nt. (S taff Person: B rad en Yu )
L.E N V I R O N M E N TA L S E W E R T R U C K P U R C H A S E A p p rove th e p u rchase of one (1 ) n ew Vac tor 21 12 S ew er C l ean er (8 05 19 ) in th e am ou nt of $56 8,3 01 .51 w it h H aaker E q u ip m en t C om p an y; and authorize the C ity M an ag er to execute all necessary d ocum ents. (S taff Person: B rad en Yu )
M .T R E A S U R E R 'S R E P O RT S A U G U S T (A M E N D E D ) A N D S E P T E M B E R 2 02 2 Receive an d fi le th e am en d ed A ug ust and S ep tem b er 2 02 2 Treasu rer's Rep orts. (S taff Person: S tep hen Parker)
N .A N N U A L M E E T I N G O F T H E P O M O N A V A L L E Y P R OT E C T I V E

A S S O C I A T I O N (P V PA )
A p p oint B rad en Yu as p roxy to vot e all sh ares at t h e an n u al sh areh old er’s m eetin g of th e Pom on a V all ey P rot ect ive A ssociat ion . (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 S P E C I F I C P L A N A M E N D M E N T N O. 22 -00 01 ,

A M E N D I N G T H E H I S TO R I C D O W N TO W N U P L A N D S P E C I F I C P L A N Th e C it y C ou n ci l will c on d u c t a p u b lic h eari n g to con sid er S p ec ifi c P lan A m end m en t N o. S P -2 2 -0 0 0 1 , am en d ing th e H istoric D own town U p land S p ecific P lan. (S taff Person : Rob ert D alq u est) 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 inan ce ad op t in g S p ec ifi c P lan A m end m en t N o. 2 1-0 00 2, am end in g the H istoric D ow ntow n U p land S p ecific P lan to p rohib it storag e uses an d intern et-on ly b usin esses that are n ot op en to t he p u b lic and allow for an d ad op t reg u lation s p ertaining to ou td oor d isp lay of m erch and ise for retail b u sinesses.

B.C O N S I D E R A T I O N O F A R E S O L U T I O N TO A D O P T G E N E R A L P L A N A M E N D M E N T N O. 2 2-0 00 1 F O R T H E 20 21 -20 29 H O U S I N G E L E M E N T U P D A T E TO T H E U P L A N D G E N E R A L P L A N P U R S U A N T TO A RT I C L E 1 0.6

O F T H E P L A N N I N G A N D Z O N I N G L A W S Th e C i ty C ou n c il w i ll c on d u c t a p u b li c hearin g to con sid er G en eral P lan A m end m en t N o. 22 -00 01 for t he 2 02 1-2 02 9 H ou s in g E l em en t U p d ate to th e Up lan d G en eral P lan. (S taff Person : Rob ert D alq u est) Recom m end ation:1 )S taff P resen tation
2 )H old P u b lic H earing

3 )C lose P ub lic H earin g

4 )A d op t a Resolution ap p rovin g G eneral P lan
A m end m en t N o. G PA-2 2-0 00 1, ap p rovin g the 2 02 1- 20 29 H ousin g E lem en t U p d ate.

5 )F ind t hat G PA 22 -00 01 is exem p t from t he C aliforn ia E nviron m en tal Q u ality A ct p u rsuan t to S ection 15 06 1(b )(3), S ection 15 16 2(a) an d S ection 15 28 3 of th e C alifornia E nviron m en tal Q uality A ct (C E Q A ) G uid elin es.

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 W O R K S C O M M I TT E E M E E T I N G , O C TO B E R 1 1, 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

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 next reg u larly sched uled C ity C ou ncil m eeting is M on d ay, N ovem b er 14 , 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 O ct o b e r 1 9 , 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. 1969

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING ZONE CHANGE NO. ZC-
21-0002 TO AMEND THE ZONING DESIGNATION OF THE
PROJECT SITE, LOCATED AT 1400 E. ARROW HIGHWAY
(APN: 1046-481-14), FROM LIGHT INDUSTRIAL (LI) TO
SPECIFIC PLAN (SP) AND TO ADOPT SPECIFIC PLAN NO.

SP-21-0002 TO ESTABLISH THE ROSE GLEN SPECIFIC
PLAN ON THE PROJECT SITE.

WHEREAS, Century Communities c/o Brian Taylor. (Applicant) has filed applications requesting approval of the Rose Glen Specific Plan; and

WHEREAS, the State of California Government Code Section 65300 requires the City to adopt and maintain a General Plan that contains certain elements, describes its long-term goals, and develop policies and programs to achieve those goals; and

WHEREAS, the State of California Government Code Section Government Code 65450-57 grants authority to cities to adopt specific plans for purposes of implementing the goals and policies of their general plans; and

WHEREAS, Upland Municipal Code Section 17.48 requires that the Planning Commission shall make a recommendation, and that the City Council shall take action on Zone Changes; and

WHEREAS, the Zone Change and Specific Plan are considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and

WHEREAS, the City of Upland Planning Commission conducted a duly noticed public hearing on August 24, 2022, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project, and recommended that the City Council of the City of Upland adopt a Resolution approving the General Plan Amendment; and

WHEREAS, in accordance with CEQA Guidelines Section 15073, a Notice of Intent and Notice of Availability was issued for the Draft Initial Study (IS) and Mitigated Negative Declaration (MND) for a 30-day public review and comment period beginning on July 5, 2022 through August 4, 2022; and

WHEREAS, the City of Upland on September 29, 2022 posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library in accordance with the Upland Municipal Code Section

17.46.020; and

WHEREAS, the City of Upland on September 29, 2022, mailed the public hearing notice to each property owner within a 500-foot radius of the project site indicating the date and time of the public hearing in compliance with state law concerning the Project; and

Ordinance No. 1969

WHEREAS, the City of Upland on August 12, 2022, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and

WHEREAS, the City of Upland City Council conducted a duly noticed public hearing on October 10, 2022, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project.

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. Ordinance: Amending the Municipal Code.

1. Approve Zone Change No. ZC-21-0002 to amend the Zoning Designation of the project site, located at 1400 E. Arrow Highway (APN: 1046-481-14), from Light Industrial (LI) To Specific Plan (SP) as shown in Exhibit A, attached hereto and incorporated herein by reference.

2. Adopt Specific Plan No. SP-21-0002 to establish the Rose Glen Specific Plan on the project site as shown in Exhibit B, attached hereto and incorporated herein by reference.

Section 3. Findings.

A. Upland Municipal Code Section 17.48.060 provides that the City Council, before it may approve a Zoning Map 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: This Zoning Amendment is to amend the Zoning Designation of the project site from Light Industrial (LI) to Specific Plan (SP).

Government Code Section 65860 requires a city's zoning ordinance to be consistent with the general plan, therefore the project is consistent with Government Code Section 65860.

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 not be detrimental to the public interest, health, safety, or welfare because the amendment will result in residentially zoned land via the Specific Plan, consistent with the surrounding residential land uses. The project will result in

Ordinance No. 1969

additional property tax generation. All impacts potentially caused by the project have been determined to be less then significant, with potentially significant impacts being required to be mitigated to ensure impacts are less then significant. The project has been reviewed and appropriately conditioned by Building and Safety, Public Works and Police and Fire Services to further ensure public interest, health, safety, or welfare of the City.

3. Finding: The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.

Evidence: Plans were submitted with the application that show the zoning amendment that show the site is physically suitable in terms of design, location, shape, and size. The plans show adequate space for the implementation of the specific plan, including the development of the 64 residential units, private and common open space as well as necessary infrastructure improvements to serve the development. The plans show the proposed architectural and landscape design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained. The project has been appropriately conditioned by Police and Fire Services, and mitigation measures have been incorporated into the project to ensure the new development endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.

Section 4. Compliance with California Environmental Quality Act. Pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City’s local Guidelines, an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared pursuant to Sections 15063(c) and 15070 of the California Environmental Quality Act Guidelines and the City of Upland CEQA Guidelines to address the potential environmental effects of the proposed project. Initial Study (IS) was prepared to determine the environmental effects created by the project. Based on the findings contained in the Initial Study, it was determined that Mitigation Measures related to Cultural Resources, Land Use Planning, Noise and Vibration and Tribal Cultural Resources. Based on that determination, a Mitigated Negative Declaration (MND) was prepared. A Mitigation Monitoring and Reporting Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the Project.

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 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

Ordinance No. 1969

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 24th day of October, 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 10th day of October, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 24th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Ordinance No. 1969

Exhibit A

The Zoning Designation of the project site, highlighted below, located at 1400 E.

Arrow Highway (APN: 1046-481-14), from Light Industrial (LI) to Specific Plan (SP).

ORDINANCE NO. 1970

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, AMENDING UPLAND MUNICIPAL
CODE TABLE 17.04.01 (PERMITTED LAND USES IN THE
RESIDENTIAL ZONES), TABLE 17.05-1 (PERMITTED LAND
USES IN THE MIXED-USE ZONES), TABLE 17.06-1
(PERMITTED LAND USES IN THE COMMERCIAL ZONES),
TABLE 17.07-1 (PERMITTED LAND USES IN THE
INDUSTRIAL ZONES), TABLE 17.08-1 (PERMITTED LAND
USES IN THE SPECIAL PURPOSE ZONES), CHAPTER 17.29
(MASSAGE THERAPY), AND CHAPTER 17.51
(DEFINITIONS), AND ADDING CHAPTER 17.42.5 (SMOKE
SHOPS), ZONING CODE TEXT AMENDMENT NO. ZA-22-
0001

WHEREAS, the City’s Development Services Department has been directed to evaluate and make recommendations to the Planning Commission and the City Council regarding the necessity and form of regulation of massage establishments and smoke shops; and
WHEREAS, the City of Upland (“City”) has a substantial interest in discouraging the illegal purchase of tobacco products by minors, as well as promoting compliance with all federal, state and local laws pertaining to tobacco sales and use; and
WHEREAS, the City is authorized, by virtue of the State Constitution and California Government Code §51030 to regulate massage establishments by imposing reasonable conditions on the operation thereof; and WHEREAS, the City desires to amend its local regulations for smoke shops and massage establishments to promote the health, safety and welfare of the public, alleviate over-saturation of these uses within the City, and allow the uses to operate within the City in a manner and at such locations to maintain compatibility between surrounding land uses; and
WHEREAS, an over-concentration of massage establishments and smoke shop uses have contributed to one or more of the following adverse effects to the surrounding area: (1) increased crime; (2) depreciation of property values; (3) increase in urban blight, marked by illegal signage, lack of property and landscaping maintenance, loitering, and littering; and
WHEREAS, the City’s Municipal Code does not presently contain any individual regulations for smoke shops, other than those for a retail use; and

WHEREAS, on July 27, 2022 at 6:30 p.m. the Planning Commission conducted a duly noticed public hearing for the project, as prescribed by law, and heard and considered both oral and written evidence and adopted Resolution No. 4968 recommending that the City Council adopt an Ordinance amending the Zoning

Ordinance No. 1970

Ordinance Table 17.04-1 (Permitted Land Uses in the Residential Zones), Table

17.05-1 (Permitted Land Uses in the Mixed-Use Zones), Table 17.06-1 (Permitted Land Uses in the Commercial Zones), Table 17-07-1 (Permitted Land Uses in the Industrial Zones), Table 17.08-1 (Permitted Land Uses in the Special Purpose Zones), Chapter 17.29 (Massage Therapy), and Chapter 17.51 (Definitions), and adding Chapter 17.42.5 (Smoke Shops), in order to add a definition and regulations for smoke shops and amend regulations for massage therapy establishments to require a conditional use permit; 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 12, 2022 and October 10, 2022 at 7:00 p.m. the City Council conducted duly noticed public hearings for the project, as prescribed by law, heard and considered both oral and written evidence, and considered the entire record of information received at the public hearings before the Planning Commission and City Council.

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. In approving the proposed Municipal Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

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: The proposed Smoke Shop and Massage Therapy
Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and goals:

A. Land Use Policy LU-6.2: 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 ordinance will be consistent with this policy, as it will address a concern regarding the compatibility of smoke shop and massage establishment uses with surrounding land use uses and allow for the ability to add conditions of approval to ensure such uses will not have a negative impact through their design and operational characteristics.

Ordinance No. 1970

B. Healthy Community Policy HC-5.3: Consider the concentration of alcohol and/or tobacco retail outlets in land use decisions; consider regulating the permitting of additional alcohol and/or tobacco retail outlets where an undue concentration exists

Fact: The proposed ordinance will be consistent with this policy as it will allow the Planning Commission the ability to consider the concentration of tobacco retail outlets in land use decisions and will add additional criteria for the Commission to use as basis of evaluating undue concentration while considering a conditional use permit.

C. Healthy Community Goal HC-5: A community free of alcohol dependency, tobacco use, and drug abuse by creating an
environment that supports healthy choices, provides access to prevention and treatment services, and enforces laws that protect residents and the community.

Fact: The proposed ordinance will be consistent with this goal in the City’s General Plan, by setting responsible and appropriate regulations for smoke shops to ensure both a successful business environment but also allow for additional consideration in appropriate land uses through regulation of smoke shops through a conditional use permit process.

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 is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring compatibility between uses, ensuring that land uses are established in such a manner and location where they will not have potential impacts on surrounding development, in discouraging the illegal purchase of tobacco products by minors, and in promoting compliance with all federal, state and local laws.

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.

Section 3. Table 17.04-1 (Permitted Land Uses in the Residential Zones) of Section 17.04.020 (Land Uses of Regulations for Residential Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add dashes to the RS-20, RS-15, RS-10,, RS-7.5, RS-4, RS-MH, RM-10, RM-20, and RM-30 to indicate smoke shops are a use not allowed, add a reference to “Ch. 17.42.5” for

Ordinance No. 1970

Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.04-1 to remain the same:

TABLE 17.04-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Residential Zones
Applicable
Regulatio
ns
RS-
20 RS-
15 RS-
10 RS-

7.5 RS-
4 RS-
MH
RM-
10 RM-
20 RM
-30
Commercial Land
Uses
Smoke Shops — — — — — — — — — Ch 17.42.5
Smoke Lounge/Tobacco
Shop/E-vape/Hookah
Lounge
— — — — — — — — —

Section 4. Table 17.05-1 (Permitted Land Uses in the Mixed-Use Zones) of Section 17.05.020 (Land Uses of Regulations for Mixed-Use Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, amend sub- note 6 to refer to Chapter 17.42.5, renumbered the former sub-notes 6 through 9 to 7 through 10, add “CUP” for each listed zone to designate that smoke shops require a Conditional Use Permit, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.05-1 to remain the same:

TABLE 17.05-1 PERMITTED LAND USES IN THE MIXED-USE ZONES Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Mixed-Use Zones
Applicabl
e
Regulatio
ns

C/R-MU B/R-MU C/O-MU C/I-MU
Commercial Land
Uses
Smoke Shops [6] CUP CUP CUP CUP Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge [7]

CUP CUP CUP CUP
Temporary, Seasonal, P P P P Ch. 17.41

Ordinance No. 1970

Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Mixed-Use Zones
Applicabl
e
Regulatio
ns
C/R-MU B/R-MU C/O-MU C/I-MU and Special Events [7
8]

Notes:
[1] Metal shipping containers designed to carry freight are prohibited. [2] Guest houses shall only be permitted when a single-family dwelling is the primary use on the lot.
[3] Used vehicle sales are permitted on up to 20 percent of the sales space of a vehicle sales and leasing business.
[4] Markets may not be located less than 1,000 feet from another market. [5] See Chapter 17.16 (Property Maintenance and Use) for applicable screening and location standards for outdoor storage.
[6] See Chapter 17.42.5 (Smoke Shops).
[6 7] Not permitted as part of a food establishment, unless conducted outside.
[7 8] Only temporary off-site construction yards, mobile home residences, and work trailers are permitted pursuant to Chapter 17.41 (Temporary Use Permits and Film Permits).
[8 9] Administrative telecommunication facilities are prohibited on sites occupied by a residential use.
[9 10] Residential uses shall only be permitted within mixed-use and live/work developments, where each building on site meets the minimum floor area ratio requirement as specified in Section 17.05.030.”

Section 5. Table 17.06-1 (Permitted Land Uses in the Commercial Zones) of Section 17.06.020 (Land Uses of Regulations for Commercial Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, amend sub- note 4 to refer to Chapter 17.42.5, for smoke shops, renumber the former sub-notes 4 and 5 to 5 and 6, add “CUP” to the Neighborhood Commercial (NC), Highway Commercial (HC), Regional Commercial (RC) columns to designate that smoke shops require a Conditional Use Permit in these zones, add a dash in the Office Professional (OP) zone to designative that smoke shops are a use not allowed in this zone, for “Smoke Lounge/Tobacco Shop/E-vape/Hookah” remove the CUP for Office Professional and replace with a dash, to indicate it is a use not allowed, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.06-1 to remain the same:

TABLE 17.06-1 PERMITTED LAND USES IN THE COMMERCIAL ZONES

Ordinance No. 1970

Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Commercial Zones
Applicabl
e
Regulatio
ns
Neighborho
od
Commercial
(NC)
Highway
Commerci
al (HC)
Regional
Commercial
(RC)
Office
Professi
onal
(OP)
Commercial Land
Uses
Smoke Shops [4] CUP CUP CUP — Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge [4 5] CUP CUP CUP
CUP
—
Swap Meets and Flea
Markets [5 6] — — — —
Notes:
[1] Metal storage containers are prohibited. Accessory structures shall only be permitted where there is a residential component in a residential or non-residential zone.
[2] Used vehicle sales are permitted on up to 20 percent of the sales space of a vehicle sales and leasing business.
[3] Markets may not be located less than 1,000 feet from another market. [4] See Chapter 17.42.5 (Smoke Shops).
[4 5] Not permitted as part of a food establishment, unless conducted outside.
[5 6] Swap meets and flea markets shall only be permitted as a temporary use per Chapter 17.41 (Temporary Use Permits and Film Permits).”

Section 6. Table 17.07-1 (Permitted Land Uses in the Industrial Zones) of Section 17.07.020 (Land Uses of Regulations for Industrial Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add a dash in the Light Industrial (LI) and General Industrial (GI) zones to designative that smoke shops are a use not allowed in these zones, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.07-1 to remain the same:

TABLE 17.07-1 PERMITTED LAND USES IN THE INDUSTRIAL ZONES

Ordinance No. 1970

Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Industrial Zones
Light
Industrial
(LI)
General
Industrial
(GI)
Applicable
Regulations
Commercial Land
Uses
Smoke Shops — — Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge — —

Section 7. Table 17.08-1 (Permitted Land Uses in the Special Purpose Zones) of Section 17.08.020 (Land Uses of Regulations for Special Purpose Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add a dash in the Cable Airport (CA), Public/Institutional (PB/I), Open Space (OS), and Mining (M) zones to designative that smoke shops are a use not allowed in these zones, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table

17.08-1 to remain the same:

TABLE 17.07-1 PERMITTED LAND USES IN THE SPECIAL PURPOSE ZONES

Key
P Permitted Use
CUP Conditional Use
Permit Req.

AUP Admin. Use
Permit Req.
— Use Not Allowed
Special Purpose Zones
Cable
Airport
(CA)
Public/
Institutional
(PB/I)
Open
Space
(OS)
Mining
(M)
Applicable
Regulation
s
Commercial Land
Uses
Smoke Shops — — — — Ch. 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge — — — —

Ordinance No. 1970

Section 8. Section 17.29.150 of the Upland Municipal Code is hereby added in its entirety to read as follows:

“17.29.150 Conditional Use Permit Required

It is unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining a conditional use permit pursuant to the provisions of this chapter and Section 17.44.040 (Conditional Use Permits).”

Section 9. Section 17.29.160 of the Upland Municipal Code is hereby added in its entirety to read as follows:

“17.29.160 Conditional Use Permit Finding

A. The decision making authority shall make a determination to allow a new massage establishment based upon the following finding, in addition to the findings required for Conditional Use Permits contained within Section

17.44.040(F):

1. No massage establishment may be located within 1,000 feet of another massage establishment in the City. New massage establishments that are located more than 1,000 feet of another massage establishment may be considered if deemed not to be detrimental to health and safety concerns, including but not limited to: a) the proximity of the establishment to sensitive uses; b) the concentration of one or more existing massage establishments within a 2,000 foot buffer; c) and the proximity of the massage establishment to an existing massage therapy establishment(s) with a history of violations with Code Enforcement or the Police Department.

B. For the purposes of this section, all distances shall be measured by drawing a circle around the center point of the unit or building containing the massage establishment.

C. For the purposes of this section, sensitive uses shall include parks, playgrounds, schools, day care centers or preschools, and libraries.”

Section 10. Chapter 17.42.5 of the Upland Municipal Code is hereby added in its entirety to read as follows:

“Chapter 17.42.5 SMOKE SHOPS

17.42.5.010 Purpose

Ordinance No. 1970

The purpose of this chapter is to establish standards and review criteria for smoke shops in the interests of public health, safety and general welfare.

17.42.5.020 Applicability

This chapter applies to all smoke shops as defined in Section 17.51.010 of Chapter 17.51 of the Upland Municipal Code.

17.42.5.030 Authority

Smoke shops require a Conditional Use Permit in the C/R-MU, B/R-MU, C/O- MU, CI/MU, NC, HC, and RC zones, which is a discretionary action approved by the Planning Commission. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

17.42.5.040 Factors Considered In Granting Conditional Use Permits

In addition to the findings required In Section 17.44.040 of this title, the Planning Commission may consider the following factors in determining whether to issue a conditional use permit, or in applying conditions of approval.

1. Proximity of the use to residential structures and residential district boundaries, and sensitive uses, including parks, playgrounds, schools, day care centers or preschools, and libraries.

2. Nature of uses on the same, adjacent, and nearby properties.

3. The presence of one or more smoke shops within 2,000 feet of the proposed use.

4. The compatibility of the use’s operational characteristics with those of surrounding commercial uses.

5. The design of proposed improvements (if any) related to the use, with particular reference to design characteristics that have the effect of reducing or eliminating impacts to surrounding uses.

17.42.5.050 Operational Requirements

1. The business shall comply with all of the conditions of the conditional use permit that authorizes its operation.

2. Each smoke shop shall hold a valid California Cigarette and Tobacco Products Retailer’s License issued by the State Board of Equalization, in accordance with State law, and shall be prominently displayed in a publicly visible location at the establishment.

3. There shall be no self-service display or sales, including vending machines, of tobacco or tobacco paraphernalia.

Ordinance No. 1970

4. No on-premises use of tobacco products shall be permitted at any time.

5. No person who is younger than the minimum age of eighteen (18) years or as established by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.”

Section 11. Section 17.51.010 Definitions of the Upland Municipal Code is hereby amended to amend the definition of “Smoke Lounge/Tobacco Shop/E- vape/Hookah” to reflect the updated definition term of “Smoke Lounge/E- vape/Hookah Lounge”, strike “Tobacco Shop” from the text of the definition, update the term for “Hookah” as “Hookah Lounge” in the text of the definition, and add a definition for “Smoke Shop”, as shown below, with all other portions of Section

17.51.010 to remain the same:

Term Definition
Smoke
Lounge/Tobacco
Shop/E-
vape/Hookah
Lounge
“Smoking Lounge/Tobacco Shop/E-vape/Hookah
Lounge” refers to an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee,
including but not limited to establishments known as
cigar lounges, hookah lounges, tobacco clubs, tobacco
bars, e-vape or similar use (i.e., e-cigarette, e-hookah, vape pen, etc.). Does not include a “retail or wholesale tobacco shop,” which sells tobacco products and smoking accessories, but does not provide for on-premises use of tobacco products.

Smoke Shop
A retail establishment that either exclusively sells or has more than five percent (5%) of their floor area dedicated to the sale, display, distribution, delivery, or marketing of tobacco, tobacco products and smoking paraphernalia
but does not provide for on-premises use of tobacco
products. Tobacco shall mean any preparation of the
nicotine-rich leaves of the tobacco plant for smoking,
vaping, healing, inhaling, chewing, absorbing,
dissolving, or ingesting by any other means. Tobacco
products may include, but are not limited to: cigarettes, cigars, e-cigarettes, vaporizers or similar electronic
devices that deliver nicotine to the person inhaling from the device, hookahs, pipes, bongs, and related devices
for holding burning material.

Section 12. 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

Ordinance No. 1970

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 Resolution does not result in any actual development, and only updates regulatory guidelines for smoke shops and massage therapy establishments.

Section 13. 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 14. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 15. 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 pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this 24th day of October, 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 10th day of October, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the 24th day of October, 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.D .

D A T E :O ctob er 24 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K

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

C O L L A B O R A T I O N A N D C I T Y W I D E C O N S I D E R A T I O N O N T H E C I T Y

C O U N C I 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 th at th e C ity C ou n c il ad op t a Res olu ti on estab lishing a com m it m en t to p rom otin g collab oration an d cityw id e con sid eration on th e C ity C oun cil.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s t h e C it y C ou n c il 's com m i tm ent to workin g m utually an d collab oratively un d er th e C ou n c il -M an ag er form of g overn m en t. G overni ng as a b od y th at rep resents th e interests of th e C ity as a w hole b y b ein g in clusive and takin g in to con sid eration feed b ack from all com m un ities of in terest.

B A C K G R O U N D
Th e C i ty C ou n ci l has a d esi re t o g overn in a m an n er th at c on s id ers t he n eed s an d i nt eres ts of th e en t ire c om m un it y. At the req u est of M ayor Velto and C ou n c il m em b er M au s t, th is item h as b een ad d ed to th e C ity C oun cil ag end a for consid eration .

O n A ug us t 8, 2 01 6, th e C i ty C ou ncil ad op ted O rd inan ce N o. 19 09 transition in g th e C ity from at-larg e el ect ion s t o b y-d istrict election s. E very t en years, loc al g overn m en ts u se n ew cen su s d ata to red raw t h ei r d ist rict li n es t o reflect h ow local p op u l ati on s h ave ch an g ed . D istricts m ust b e red raw n so t h at each d is tric t is su b s tan ti all y eq ual in p op u lation . I n 20 22 , b ased on new cen su s d at a, th e C ou n ci l ad op t ed O rd in an c e N o. 1 95 8 red raw in g th e C ou ncil D istrict b ou nd aries.

Th e first b y-d is tric t elec ti on occu rred on N ovem b er 6, 2 01 8 for C ou nc il m em b ers for D istricts 2, 3 , and 4. T he secon d b y-d istrict election occu rred on N ovem b er 3 , 20 20 for D istrict 1 C ou ncilm em b er. Th e C ity tran sitioned to a fu ll b y-d istrict C oun cil in D ecem b er 2 02 0.

I S S U E S /A N A L Y S I S
S taff h as p rep ared a Res olu ti on th at reflects t h e C ou ncil 's com m itm en t t o serving the p op ulation as a w hole reg ard less of h ow C oun ci l M em b ers are elect ed . M ai nt ain in g an at-larg e g overnan ce p hilosop h y allow s for th e con tinu ance of accessib le custom er services, effective use of resources, and con sistency in C ity services.

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

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

AT TAC HM E NT S :

Description
Resolution P romoting Collaboration and Citywide Consideration on the City Council

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND APPROVING AND ESTABLISHING A COMMITMENT

TO PROMOTING COLLABORATION AND CITYWIDE

CONSIDERATION ON THE CITY COUNCIL

WHEREAS, the Upland City Council adopted Ordinance No. 1909 on August 8, 2016, establishing four districts in the City of Upland, and establishing that future City Council elections will be held by district for City Councilmembers; and

WHEREAS, every ten years, based on census data, districts must be redrawn so that each district is substantially equal in population, this process is called redistricting. On February 28, 2022, Ordinance No. 1958 was adopted, adjusting the boundaries of City Council election districts; and

WHEREAS, on November 6, 2018 the first by-district election occurred for Councilmembers for Districts 2, 3, and 4. The second by-district election occurred on November 3, 2020 for Mayor, City Treasurer, Councilmember for District 1, and a short term for District 3 Councilmember. The City transitioned to a full by-district Council in December 2020; and

WHEREAS, the City of Upland has always focused on the greater community needs with consideration given to all areas of the community and that focus should remain, regardless of how a Councilmember is elected; and

WHEREAS, the City of Upland has been successful because it operates as a single entity serving the population as a whole; and

WHEREAS, all members of the Upland City Council will continue to collaborate and approve items by majority vote.

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

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

Section 2. The City Council will govern considering the needs and interests of the entire community. The City Council wishes to remain united in its service to the community.

Section 3. The City Council commits to continue to fully engage regarding every issue before the City Council, regardless of which district(s) may be most directly impacted by the issue. The Mayor and Councilmembers are committed to making decisions that are in the interests of the entire community, hearing from residents with diverse viewpoints across the City, and giving equal consideration to issues and people inside and outside councilmember election districts. Every member of the City Council will help anyone in the community who calls or contacts them.

Resolution No.

Page

Section 4. The City Council affirms that the City Council is committed to working mutually and collaboratively under the Council-Manager form of government and governing as a body that represents the interests of the City as a whole by being inclusive and taking into consideration feedback from all communities of interest.

Section 5. The City Council understands that democracy means that members of the City Council may not always agree on issues, but are committed to respecting one another, respecting members of the community, and engaging in a healthy debate.

Section 6. The City Council agrees that decisions regarding resources of the City government, both financial and personnel, will continue to be based on the needs of all residents in the City of Upland, and not simply divided by districts.

Section 7. The City Council affirms that information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

Section 8. The City Council agrees that City Council represents all neighborhoods in Upland, and continues to work mutually together, to represent the greater good.

Section 9. The City Council agrees that current practices regarding invitations to members of the City Council to events and activities will remain in effect.

Section 10. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a pr oject as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 11. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 12. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one

Resolution No.

Page

or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 13. Effective Date. This Resolution shall become effective upon adoption.

PASSED, APPROVED and ADOPTED this 24th day of October, 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 24th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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

D A T E :O ctob er 24 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N PA R K E R ,C PA , A S S I S TA N T C I T Y M A N A G E R

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

C O M P E N S A T I O N P L A N F O R PA R T-T I M E E M P LOY E 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 th e C i ty C oun ci l ad op t a Resolu tion am end in g th e C om p en sat ion P lan for p art-tim e em p loyees to com p ly w ith C aliforn ia M in im um Wag e law.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s t h e C it y's g oal to p rovi d e U p land em p loyees w ith fair com p en sation , w hich com p lies w ith the state's m inim u m wag e law.

B A C K G R O U N D
O n D ec em b er 12 , 2 01 6, t h e C ou ncil ad op ted a resolu tion am en d in g th e p art-tim e com p en sation p lan effective J an uary 1, 2 01 7. T his resolution am en d ed th e com p en sation p lan up un ti l J an uary 1, 20 22 . E ffective J an u ary 1 , 2 02 3, t h e new m in im u m wag e for C al iforni a is in creasing from $1 5.0 0 p er h our to $15 .50 p er hou r.

I S S U E S /A N A L Y S I S
I n review in g t he curren t salary sc hed ul e for p art -ti m e em p l oyees t h e n ew m i n i m u m w ag e affects s ix (6 ) cl ass ifi cat ion s: C lerk I , I n t ern I /I I , O ffi ce A ssist ant , Police C ad et an d Recreation Lead er.

P resen tly all em p loyees i n the ab ove li st ed classifications are b ein g p ai d m ore th an $1 5.5 0 p er hou r, exc ep t on e (1 ). E ffect ive J an uary 1 , 2 02 3, t h e C i ty w il l ad ju st t his em p loyees' salary to th e step on th e c urren t sal ary sch ed u le th at is ab ove $1 5.5 0 to m ain tain com p lian ce w it h the

C alifornia M inim u m W ag e l aw. T h i s up d ate is to en su re ac cu rat e p os ti n g of em p loyee salary sched ules.

F I S C A L I M P A C T S
Th e increased b u d g et ap p rop ri ati on w it h th is action will b e ab sorb ed i n th e exi st in g fiscal year's p art-tim e b ud g et.

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

AT TAC HM E NT S :

Description
Resolution P art-T ime S alary
Part-Time Salary S chedule

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA ADOPTING AN AMENDMENT TO THE

SALARY SCHEDULE FOR PART-TIME EMPLOYEES

WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and

WHEREAS, the City would like to amend the part-time salary schedule to be consistent with the California Minimum Wage changes effective January 1, 2023 to $15.50 per hour.

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

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

Section 2. The City Council hereby approves the amendment to the part- time salary schedule, attached hereto, and authorizes the Human Resources/Risk Manager to implement the salary schedule.

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

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

Section 5. Effective Date. This Resolution shall become effective January 1, 2023.

PASSED, APPROVED and ADOPTED this 24th day of October, 2022.

Bill Velto, Mayor

Resolution No.

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 24th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

City of Upland
Part -Time
Salary Schedule Effective 06/26/2022
The following part-time hourly positions are associated with the full-time salary schedule.

Job Description Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 ACCOUNTANT 42 Hourly 28.01 28.71 29.43 30.16 30.92 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 ADMINISTRATIVE ASSISTANT 26 Hourly 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37

COMMUNICATIONS INFORMATION
SPECIALIST 45 Hourly 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 CUSTODIAN 22 Hourly 17.09 17.52 17.96 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 CUSTOMER SERVICE SPECIALIST I 25 Hourly 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 CUSTOMER SERVICE SPECIALIST II 29 Hourly 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 ENGINEERING TECHNICIAN 30 Hourly 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 FORENSIC SPECIALIST 38 Hourly 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 MAINTENANCE WORKER HRLY 28 Hourly 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 PAYROLL TECHNICIAN 39 Hourly 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 POLICE DISPATCHER I 31 Hourly 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 POLICE DISPATCHER II 35 Hourly 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 POLICE RECORDS SPECIALIST I 21 Hourly 16.68 17.09 17.52 17.96 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 POLICE RECORDS SPECIALISTII 25 Hourly 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 POLICE SERVICE TECHNICIAN 27 Hourly 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 UTILITY SYSTEM WORKER 34 Hourly 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 WATER TREATMENT OPERATOR 37 Hourly 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 The following part-time hourly positions are temporary or seasonal.

Job Description Grade 1 2 3 4 5 Aquatics Manager 63PT Hourly 18.04 18.95 19.89 20.88 21.93 Aquatics Assistant Manager 56PT Hourly 16.82 17.68 18.56 19.49 20.45 Aquatics Instructor/Guard 44PT Hourly 15.10 15.75 16.55 17.37 18.25 Clerk I 37PT Hourly 14.00 14.71 15.45 16.21 17.02 Household Hazardous Waste (HHW) W 56PT Hourly 16.82 17.68 18.56 19.49 20.45 Intern I 37PT Hourly 14.00 14.71 15.45 16.21 17.02 Intern II 44PT Hourly 15.10 15.75 16.55 17.37 18.25 Lifeguard/Aide 37PT Hourly 14.00 14.71 15.45 16.21 17.02 Office Assistant 44PT Hourly 15.01 15.75 16.55 17.37 18.25 Park Ranger 79PT Hourly 21.15 22.21 23.32 24.49 25.71 Police Cadet 42PT Hourly 14.72 15.45 16.23 17.04 17.89 Police Officer Trainee 85PT Hourly 22.46 23.57 24.76 26.00 27.30 Recreation Leader 44PT Hourly 15.01 15.75 16.55 17.37 18.25 Recreation Specialist 63PT Hourly 18.04 18.95 19.89 20.88 21.93 Weed Abatement Inspector 102PT Hourly 26.60 27.92 29.32 30.78 32.33 STEP
STEP

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

D A T E :O ctob er 2 4, 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 S U B J E C T :R E P O RT O U T O F T H E 20 22 L E M O N F E S T I V A L F I N A N C I A L S

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 receive an d file t he S ou n d ski lz I n c. P rofit an d Loss S tatem ent relating to the 2 02 2 U p land L em on Festival.

G O A L S T A T E M E N T
Th e p rop osed action sup p orts th e C ity's g oal of tran sp aren cy.

B A C K G R O U N D
Th e L em on Fes ti val has b een h ost ed in H i st ori c D ow nt ow n Up lan d s in ce 20 09 . I t has b een p rod u ced an d m anag ed b y variou s p arties i n c lu d i n g t he form er M ain S treet I n c , t he L earn in g C en ter at Fairp l ex, an d two d ifferen t C it y d ep artm ent s. T he 2 02 0 L em on Festival w as can celled b y t he C O V I D -1 9 p an d em ic , and in 20 21 , Fai rp lex n ot ifi ed the C ity th at th ey w ere not in terested in m anag in g the even t. T he C ity's g oal in usin g an outsid e op erator is to release all liab ility an d resp onsib ility of th e event.

O n M arch 1 5 , 2 0 2 2 , C i ty C ou n ci l ap p roved a p rofessi onal services ag reem ent w ith S oun d skilz, I n c. t o run th e Lem on Festival in t he C it y for a 5 -year term . Th e ag reem en t calls for th e first $5 0,0 00 i n n et p rofits g en erated b y the L em on Fest ival t o g o to S ou n d s kil z, with rem ain in g p rofits sp lit b etw een S oun d skilz an d the C ity on a 7 5/2 5 b asis.

I S S U E S /A N A L Y S I S
S ou nd skilz, I nc. h ave p rovid ed the C ity w ith a P rofit and Loss S tatem ent relatin g to th e 2 02 2 Up lan d Lem on Festival hel d J u ne 1 0-1 2, 2 0 2 2 . T h e even t g en erated revenu es of $4 47 ,41 5 and costs of g ood s s old (s u c h as eq uip m ent rent al, securit y, l ab or an d su p p li es) of $3 01 ,89 4.

Th e g ros s p rofi t of $1 4 5 ,5 2 1 was th en red u ced b y $1 01 ,76 5 in exp en ses (su ch as ad vertisin g

and p rom otion, travel an d accom m od ation , an d san it ati on) res u l ti n g in a net i n c om e of $4 3,7 56 .

A s t h e 2 02 2 Lem on Fes ti val n et i n c om e was les s t han $5 0,0 00 , th e C ity will not receive a sh are of th e reven ue. H ow ever, the C i ty d id receive a safe, fam ily even t wh ich b rou g h t visitors and an econ om i c b oost t o th e d ow nt ow n area at n o out of p ocket cos t oth er t han staff tim e. A fter a 2-year ab sence, th e Up lan d Lem on Festival was su ccessfully b rou g h t b ack, b rin g ing g reater exp ectation s for future L em on Festivals.

F I S C A L I M P A C T S
Th is ag en d a item is a fin ancial rep ort and has no fiscal im p act on the C ity.

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
Soundskilz Inc. P&L
Soundskilz Agreement

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

D A T E :O ctob er 2 4, 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 S U B J E C T :D I S P O S A L O F S U R P L U S E Q U I P M E N T

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at th e C i ty C oun cil d ec lare it em s as su rp lu s an d au t h orize th e C ity M an ag er to initiate d isp osal of the surp lus eq u ip m en t.

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 eli m i n at e su rp lu s eq u i p m en t th at i s n o long er need ed for d ep artm en t op eration s.

B A C K G R O U N D
Up lan d M u n i ci p al C od e S ection 2 .4 8 .1 5 0 st ates th at all d ep art m en ts sh all su b m it rep orts sh ow in g all su p p li es an d eq u ip m en t wh ic h are no lon g er used or w h ic h h ave b ecom e ob solete or w orn ou t. I t fu rth er stat es th at the it em s d eclared su rp lu s m ay b e s old on a c om p eti ti ve b id b asis, scrap p ed , or d onated b ased on h ig hest rate of retu rn .

I n 20 10 , th e C it y op en ed th e cu rren t an im al s hel ter at 12 75 S an B ern ard in o Road w ith in stalled cat ken nels m ad e of p ressb oard .

O n M arch 1 4, 2 02 2, C ity C ou n c il ap p roved a tran s fer ou t to th e G eneral C ap it al P roject s F un d w ith $6 0,0 00 s et asid e for t h e p urch ase of s tai n l ess steel cat ken n el s at t he an i m al sh elter th at are easier to d isinfect an d b etter at p reventin g the sp read of d iseases in th e sh elter.

I S S U E S /A N A L Y S I S
Th e st ain les s steel c at kenn els have b een acq ui red , rend ering th e an im al s hel ter's orig in al d eterioratin g cat ken nels sup erfluou s.

Th e C it y d i sp oses of su rp lu s it em s th rou g h a p u b lic su rp lu s au c ti on web si te or d irectly to vend ors i f a h ig h er p rice c an b e ob tain ed . Th is is c on s is ten t wi th C it y Poli cy an d th e U p lan d M u n ic ip al C od e. Th e item s listed on th e att ach m en t d o n ot ap p ear to have resid ual or scrap value an d will b e d isp osed .

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
Surplus Items

EQUIPMENT TO BE DECLARED SURPLUS

Item Quantity
(of Kennels)
Estimated
Value
Location
1 Bank of Kennels (3 Kennels Wide by 3 Kennels Tall) 9 $0 Main Cat Closet 1 Bank of Kennels (3 Kennels Wide by 3 Kennels Tall) 9 $0 Main Cat East Wall 1 Bank of Kennels (4 Kennels Wide by 3 Kennels Tall) 12 $0 Main Cat Center Wall 1 Bank of Kennels (4 Kennels Wide by 3 Kennels Tall) 12 $0 Main Cat Center Wall 1 Bank of Kennels (6 Kennels Wide by 3 Kennels Tall) 18 $0 Main Cat Window Wall

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

D A T E :O ctob er 2 4, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : M A R C E LO B L A N C O, C H I E F O F P O L I C E

M A R C I W I L L I A M S, P O L I C E S E R G E A N T S U B J E C T :A M E N D M E N T S TO TO W S E R V I C E A G R E 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 rec om m en d ed th at t he C it y C oun cil ap p rove the s econ d am en d m en ts t o th e orig in al ag reem en ts with S teve's Tow in g and M r. T 's Tow in g to p rovi d e tow services for t h e secon d ad d ition al year; and authorize th e C ity M anag er to execu te the am end m en ts.

G O A L S T A T E M E N T
Th e p rop osed ac ti on s u p p orts the C it y's g oal of th e Police D ep artm ent p rovid in g effi ci en t an d effective traffic control for the C ity.

B A C K G R O U N D
Th e C it y of U p lan d h as u t il ized local towing c om p an i es for rem oval of vehi cl es from the road w ays. Veh icles are im p oun d ed as a resu lt of traffic col li si on s , exp i red or su sp end ed licen ses, exp ired reg i st rat ion , evid ence or for b ein g stored on th e road w ay. Veh ic les are eith er towed to the Police D ep artm ent im p ou nd lot or to th e authorized tow com p an y's lot.

I n A ug ust of 2 01 8, S taff called ten (1 0) tow com p an ies d oin g b u siness w ithin th e im m ed iate area to notify th em of t he Req u est for P rop osal (R F P ) an d p os ted t h e R F P on th e C ity's w eb site. Th e R F P i nc lu d ed th e req u i rem en t that th e tow servi ce p rovi d er b e l ocat ed w i th in a 5-m ile rad ius of the Poli ce D ep artm en t . N in e (9 ) p rop osals were recei ved b y t h e p ub lish ed S ep tem b er 13 , 20 18 d ead line.

Police D ep art m en t st aff review ed t h e p rop os als , c on d u c ted s it e vi si ts t o t he nine tow com p an ies, an d recom m en d ed S t eve's Towi ng in Rancho C ucam on g a an d M r. T's Tow in g in Up lan d . B oth com p an ies m et th e req u irem en ts of t he R F P and h ad p rovid ed tow i n g services p reviou sly. T he R F P req u es ted a b id am oun t for th e t ow in g of vehicles to th e Police

D ep artm ent im p oun d lot . B oth com p an ies p rovi d ed a b id of $15 0.0 0 for this service, wh ic h is th e am ou nt th e C ity h as b een charg ed for veh icle tow s for th e last five years.

I S S U E S /A N A L Y S I S
Th e t erm of th e ag reem en t is for t h ree years with t he op t ion to exten d th e ag reem en t twice for on e ad d i ti onal year. T his w il l b e th e second on e-year ext ens ion . B oth M r. T's an d S teve's Towing h ave m et th e req u i rem en t s of t h e R F P and p rovid ed t he C it y w ith satisfactory tow services.

F I S C A L I M P A C T S
N o ad d i ti on al ap p rop ri ati on s are req u ired at th is ti m e as th ese services are on g oing , w ere alread y in cl u d ed i n the F i sc al Year 20 22 /23 op erat in g b ud g et , and t h ere w as n o c h an g e in the tow rates.

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 T E V E'S T O WI NG AM E ND M E NT

M R T S T O WI NG AM E ND M E NT

S T E V E'S T O WI NG AG RE E M E NT

M R T 'S T O WING AG RE E M E NT

AMENDMENT #2 TO AGREEMENT FOR TOWING SERVICES
This is the Second Amendment to the original Agreement. The original Agreement was made and entered into on the 1st day of November 2018 (“Agreement Date”). The original Agreement was for towing services that will, from time-to-time, be requested by the Upland Police Department.

The Agreement is between the City of Upland, CA, a municipal corporation, hereinafter referred to as “City”, and Steve’s Towing, a California company, hereinafter referred to as “Contractor”.

WHEREAS Contractor and City entered into that certain Original Agreement for towing services that will, from time-to-time, be requested by the Upland Police Department dated November 1, 2018 (“Original Agreement”), whereby Contractor agreed to provide for towing services (as Identified in Exhibit A of the Original Agreement) through October 31, 2021 with the option to extend the contract for two one (1) year additional terms, subject to the written consent of both parties; and
WHEREAS, Contractor and City agree to amend the Agreement to extend the term for the second one year term, from November 1, 2022 through October 31, 2023 and provide for the compensation of the continuing services on the terms and conditions set forth in the Original Agreement; THEREFORE, it is agreed by City and Contractor as follows:

1.TERM OF AGREEMENT
The term of this Amendment shall commence on November 1, 2022 and shall continue until October 31, 2023.

2. FULL FORCE AND EFFECT
Except as modified pursuant to this amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment #2 to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF UPLAND, CA Contractor
460 N. Euclid Ave 9529 8th Street
Upland CA 91786 Rancho Cucamonga, CA 91730

By:__________________________ By:____________________________ Michael Blay Steve’s Towing
City Manager President

ATTEST:

______________________________
City Clerk

AMENDMENT #2 TO AGREEMENT FOR TOWING SERVICES
This is the Second Amendment to the original Agreement. The original Agreement was made and entered into on the 1st day of November 2018 (“Agreement Date”). The original Agreement was for towing services that will, from time-to-time, be requested by the Upland Police Department.

The Agreement is between the City of Upland, CA, a municipal corporation, hereinafter referred to as “City”, and Mr. T’s Towing, a California company, hereinafter referred to as “Contractor”.

WHEREAS Contractor and City entered into that certain Original Agreement for towing services that will, from time-to-time, be requested by the Upland Police Department dated November 1, 2018 (“Original Agreement”), whereby Contractor agreed to provide for towing services (as Identified in Exhibit A of the Original Agreement) through October 31, 2021 with the option to extend the contract for two one (1) year additional terms, subject to the written consent of both parties; and
WHEREAS, Contractor and City agree to amend the Agreement to extend the term for the second one year term, from November 1, 2022 through October 31, 2023 and provide for the compensation of the continuing services on the terms and conditions set forth in the Original Agreement; THEREFORE, it is agreed by City and Contractor as follows:

1.TERM OF AGREEMENT
The term of this Amendment shall commence on November 1, 2022 and shall continue until October 31, 2023.

2. FULL FORCE AND EFFECT
Except as modified pursuant to this amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment #2 to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF UPLAND, CA Contractor
460 N. Euclid Ave 997 E. 8th Street
Upland CA 91786 Upland, CA 91786

By:__________________________ By:____________________________ Michael Blay Mr. T’s Towing
City Manager President

ATTEST:

______________________________
City Clerk

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

D A T E :O ctob er 24 , 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 , 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 :C O N S I D E R A P P R O V A L O F P R O C U R E M E N T O F R E S T R O O M

F I X T U R E S A T G R E E N B E LT A N D M A G N O L I A PA R K 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 t h e C it y C ou n c il ap p rove t he p rocurem en t of rep lacem ent restroom p artitions, t oilets, u ri nal s, fau c ets , sinks, an d su p p ort in g h ard ware t h rou g h T hom p son P lum b ing S u p p ly I nc. not to exceed $60 ,00 0.

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 m ain tai n i n g first rate p arks and recreation al facilities, th u s enh ancin g the d es irab i li ty of the C i ty of U p land as a p lace to live an d stren g then com m u nity im ag e.

B A C K G R O U N D
O n J anu ary 2 4, 2 02 2, th e C i ty C ou n ci l ap p roved th e acc ep t an c e of $53 5,0 00 in fu n d i n g from th e C ou n t y of S an B ern ard i n o th rou g h S up ervisor Ru t h erford 's al locati on of th e B oard of S u p ervisors' D i sc ret ion ary F u n d - D istrict S p ecific P riorities P rog ram for u p g rad es to M ag nolia Recreation C enter an d M ag n olia and G reen b elt Parks.

I S S U E S /A N A L Y S I S
Th e M ag nolia Recreation C en ter and G reen b elt Parks were com p leted in th e m id -1 98 0's an d th e res troom s h ave h ad m i n i m al u p g rad es over th e years. Th e req u est ed p artitions an d fixtures are p art of a l arg er p rojec t t o en h an c e an d m od ern iz e p ark res troom s in cl u d in g ep oxy floorin g .

A s a result of an existin g b lanket P.O., th e U p land -b ased vend or Th om p son P lu m b in g , w as con tacted t o p rovid e in it ial costs for th e p roject s. S tainless steel toi let s, u ri nal s, sin ks, etc. have p roven t o b e d u rab le, b oth i n streng th an d c orrosi on resistance an d t he h eavy-d u ty p lastic p artition s can b e eas il y rep ai red s h ou ld t h ey b e van d ali zed , s o t h os e s p ec ifi c item s w ere selected d u e to the h ig h u sag e of p ark restroom s.

Th om p son ’s P l um b i ng ’s q uotes in cl u d e faucets, s in ks, toilets, val ves, u rinals, p arti ti ons , g rab b ars, d rains, and oth er n eces sary h ard w are. For th e four (4) rest room s at M ag n ol ia Park, the q u oted total is $42 ,55 0.6 2 an d for G reen b elt Park’s tw o (2) restroom s is $12 ,24 0.3 7.

A s t he overal l p roject w ould exceed $5 0,0 00 , S taff ob t ain ed q u otes from m ul ti p l e ven d ors p er th e C i ty of U p l an d 's p roc u rem en t p ol ic y. F ive (5) of t he m ost sig n ifican t and b ran d -sp ecific (A corn ) item s in th e overall p roject were used in the cost com p arison:

Item Q uantity T ho m pso n W innelso n H irsch
1 95 3-1 -9-H 1 S ink 10 $68 6.6 7 $7 27 .06 $77 2.5 00 2 14 1-T-3 Toilet 8 $87 3.3 3 $1 96 8 $2,0 40
2 15 8-T-1 -.12 5-F V B O Urin al 5 $85 0 $9 00 $95 6.2 5 1 70 9 H E U Urin al 1 $87 8.6 7 $9 30 .35 $98 8.5 0 1 67 5 W /M Toilet 3 $91 3.3 3 $8 05 .88 $87 8.2 1

B ased on th e resu lt s of t h e com p arison of cos ts for m ost of t he si g n ifi can t exp en ses i n the overall q u ot e, S taff is req u est in g th e ap p roval of th e t w o T hom p s on P lum b ing q uotes for $5 4,7 90 .99 (cost) p lu s a 1 0% contin g en cy for a not to exceed $60 ,00 0.

F I S C A L I M P A C T S
B u d g et alread y exists in F u nd 2 17 (O ther G rant s) for th is p roject as a resu lt of S u p ervisor Rutherford 's D iscretionary F u nd g rant ap p roved p reviou sly b y C ity C ou ncil. N o ad d ition al ap p rop riations are n ecessary at this tim e. Th ere will b e n o fiscal im p act to th e G eneral F un d .

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

AT TAC HM E NT S :

Description
T hompson's Quote - M agnolia P ark
T hompson's Quote - Greenbelt P ark
Winnelson Quote - Acorn P roducts
Hirsch Quote - Acorn Products

City Of Upland
9190 HYSSOP DR
RANCHO CUCAMONGA, CA 91730-6100
PHONE (909) 373-9200
FAX (909) 373-9205 0037573 10/04/22 1
Expiration Date 11/03/22
Revised Date 10/04/22
Quoted To Customer
Bid Due Date 10/04/22

CASH SALE ACCOUNT
9190 HYSSOP DR
*****ALL SALES ARE FINAL*****
RANCHO CUCAMONGA, CA 91730-6100
Phone (909) 111-1111 JOE MORENO
Fax (909) 941-7114 [email protected]
(909) 717-8666
000300 CASH BEFORE DELIVERY . JOSEPH MORENO S Job Name
Quote No.Date Page
Quoted By
Customer Quoted To Salesperson FOBPayment Terms
Unit Extended
Line Qty.D e s c r i p t i o n Price UOM Price

1.0 2 1953-1-9-H1 SINK 727.0588 1454.12

2.0 2 2158-T-1-.125-FVBO URINAL 900.0000 1800.00

3.0 2 2141-T-3 TOILET 1968.0000 3936.00

4.0 1 1709HEU URINAL 930.3529 930.35

5.0 1 1675 W/M TOILET 805.8823 805.88

PRICES HAVE NO OPTIONS FYI
Tax Area Id Net Sales 8,926.35
050719898 Freight .00
Tax 691.79
Quotation Total 9,618.14

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

D A T E :O ctob er 24 , 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 /C I T Y E N G I N E E R

J O H N R O B L E S, A C T I N G U T I L I T I E S M A N A G E R S U B J E C T :M A I N T E N A N C E S E R V I C E S A G R E E M E N T F O R T H E R E H A B I L I TA T I O N O F C I T Y W E L L 1 A

R E C O M M E N D E D A C T I O N
I t i s recom m en d ed th at th e C i ty C oun ci l award a M aint enan ce S ervices A g reem en t t o G eneral P u m p C om p any I n c. for th e rehab ilitation of C ity Well 1 A in the am ou nt of $1 25 ,10 5; ap p rove a contin g en cy am ou nt of $2 4,8 95 for a total am ou nt of $1 50 ,00 0; au th orize th e C ity M anag er to execu te th e ag reem ent an d all ext en s ion s: an d ap p rove a b u d g et ad ju st m en t of $1 50 ,00 0 to cover the cost of th is p roject.

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 rop erly m ain tai n , ren ew, or rep l ace as set s to ensures that th e C ity's infrastru cture is effectively and efficien tly op erating .

B A C K G R O U N D
C ity W ell 1 A p rod u ces d rin kin g w at er from th e C ity’s S i x B as in p rod u ct ion ri g h ts an d can p rod u ce u p to 85 0 g allons p er m inu te (g p m ) to the C ity’s n orthernm ost reservoir (Reservoir 2). W h en th e S an A n ton io C an yon Wat er Treatm en t P lan t is n ot ru n n in g , it i s th e s ole source of ch lorin ati on to Res ervoi r 2. I f t h i s w ell an d t h e treatm ent p l an t are n ot run ni ng , treatm en t staff m u st m an u al ly in ject ch lorin e in to Reservoir 2. Recen tly th e well h as fai led an d wi ll n ot start.

I S S U E S /A N A L Y S I S
O n S ep tem b er 21 , 20 22 , th e C ity sol ic it ed b id s for th e Rehab ilitation of C i ty W ell 1 A and sen t b id p rop osal s to t hree ven d ors. Work to b e d one in clud es rem oval an d rep ai r of th e existin g

p u m p ; refu rb is h or rep lace th e wel l colum n, t u b e, an d sh aft; c lean t he w ell h ol e an d casin g ; rep lace th e existing m otor; p erform a p re an d p ost vid eo in sp ection and d isinfection.

O n O ctob er 5 , 20 22 , th e C i ty recei ved an d op en ed on e (1) b id p rop os al (s ee b i d resu lt s as listed b elow).

C o m pany N am e B id A m o unt
G en eral P u m p C om p an y, I n c.$12 5,1 05
Layn e C h ristensen D id n ot resp ond
Tri C ou nty P u m p C om p an y D id n ot resp ond

Th e C ity h as reviewed th e b id in form ation an d c on fi rm ed t h at G en eral P u m p C om p an y I n c., is th e lowest resp onsib le an d resp onsive b id d er.

F I S C A L I M P A C T S
Th is w ork w as n ot b ud g et ed in F Y 20 22 /23 . A s an alt ern ati ve t o fu nd in g th is p roject w ith fun d b alan ce, S taff is req u est in g t h e red uc ti on of th e following C I P p roject s, w i th t hei r b u d g et b eing transferred to C ity Well 1 A reh ab ilitation p roject 64 0-7 50 0-X X X X-9 10 26 :

1. $5 0,0 00 from C I P P roject for Waste to D rain D ischarg e Lines P roject 64 0-9 05 2; an d

2. $1 00 ,00 0 from C I P P roject for P R V S tation p roject n um b er 64 0-9 08 7.

E stim ated Pro ject C o sts
B asic A m ou nt $1 25 ,10 5
C ontin g en cy $24 ,89 5
T o tal C o ntract A mo unt $150,000

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

AT TAC HM E NT S :

Description
Agreement

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 24th day of October, 2022 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and General Pump Company, Inc., a California Corporation with its principal place of business at 159 N Acacia St, San Dimas, CA 91773 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing well rehabilitation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the City Well 1A Rehabilitation project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 24, 2022, to October 24, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules an d deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

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3.2.5 Contractor’s Representative. Contractor hereby designates Thomas Nanchy, Senior Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all

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Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

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

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(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

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

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

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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).

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(C) Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

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

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

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

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

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received

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and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

3.2.13 Bonds.

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

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

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

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

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

3.2.15 Work Site.

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

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

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

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or

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replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” in the amount of $125,105.00 attached hereto and incorporated herein by reference; and at the City's discretion before including a $24,895.00 contingency, the total compensation shall not exceed $150,000.00 without approval of the City Council or if cost increases are the result of a request for Extra Work. Extra Work may be authorized, as described below.

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

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

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement

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or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra W ork) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written

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notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

3.5 General Provisions.

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

Contractor:

General Pump Company
159 N Acacia Street
San Dimas, CA 91773
Attn:

City:

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

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

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage

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or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

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

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

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

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

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

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,

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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND GENERAL PUMP COMPANY INC.

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

CITY OF UPLAND
APPROVED BY:

Michael Blay,
City Manager
ATTESTED BY:

Keri Johnson,
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

GENERAL PUMP COMPANY INC.

By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

____________________________________
Contractor’s License Number

____________________________________
DIR Registration Number

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
General Pump Company will perform the following items:

 Removal of the existing pump equipment from the well, transportation of all materials to the repair facility, disassembly and inspection of pump equipment, and video survey of the well.
 Furnish, install, or repair all materials on the attached as built.  Brush, bail, dual swab airlift, and a post video survey.  Furnish and install the well pump and install new motor.

EXHIBIT B

EXHIBIT B

SCHEDULE OF SERVICES
N/A

EXHIBIT D

EXHIBIT C

COMPENSATION

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

D A T E :O ctob er 2 4, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

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

C O M PA N Y

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 th at th e C i ty C ou ncil ap p rove th e first am end m en t to G en eral P um p C om p an y I n c .’s M ain ten ance S ervi ce A g reem en t for t h e rehab ilit ation of C i ty Well 7 A for an ad d ition al am ou n t of $1 02 ,04 0 for a n ew tot al cont ract am oun t of $2 92 ,04 0; au th orize the C ity M anag er t o execute th e am en d m en t ; an d ap p rove a b ud g et ad ju st m en t of $1 02 ,04 0 to cover th e ad d ition al contract am oun t.

G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s t h e C it y's g oal to m ain tai n asset p rotection an d m anag em en t th at en su res th e in frastructu re is effectively renewed , rep laced , an d m ain tained .

B A C K G R O U N D
C ity Wel l 7 A p rovid es ap p roxim atel y 1,1 00 g allon s p er m i n u te (g p m ) of d ri n ki n g w ater to the C ity’s southernm ost zone. Recent ly th e wel l exh i b i ted exc ess ive vib rat ion an d p rod u ct ion w as severely red u ced to ap p roxi m at ely 40 0 g p m . C on s eq u en t ly, st aff ceased op erati on of th e well to p reven t fu rther d am ag e.

O n J u ne 27 , 20 22 , t he C i ty C oun cil aw ard ed a M ai nt enan ce S ervic e A g reem ent t o G eneral P u m p C om p an y for the rehab ilitation of C ity Well 7 A .

I S S U E S /A N A L Y S I S
A fter th e teard own and in sp ection of t h e p um p eq uip m ent , it w as d i sc overed th at req u ired rep airs are m uc h m ore extensive t h an orig in all y an ti ci p at ed . T he c olu m n , t u b e, an d sh aft w ill need to b e rep l aced along w it h th e b ow l as sem b l y. I n ord er t o com p let e all t he necessary rep airs an d rep lace all t h e wel l m aterial , th e C on t rac tor est im ates th at an ad d itional $1 02 ,04 0 is req uired to com p lete th e reh ab ilitation .

S taff recom m en d s am end in g th e G en eral P um p ’s M ain ten ance S ervice A g reem ent for the reh ab ilitation of C ity Well 7 A to increase th e con tract am ou nt an ad d itional $1 02 ,04 0.

F I S C A L I M P A C T S
W ith t he ad d i ti on al efforts on th is p roject , it i s n ow consid ered a cap ital p roject . A s an altern ative to fun d ing th e p roject w i th fu nd b al an c e, S taff is req ues ti ng the red u ct ion of $1 02 ,04 0 from C I P P roject 6 40 -91 48 (N ew C hino B as in W ell ), w ith it s b u d g et b ein g transferred to th e C ity Well 7 A Rehab ilitation p roject 6 40 -75 00 -X X X X-91 03 0.

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

AT TAC HM E NT S :

Description
Amendment No. 1 to Agreement
Exhibit A to Amendment
Original Agreement

2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CITY WELL 7A REHABILITATION WITH
GENERAL PUMP COMPANY, INC.

THIS FIRST AMENDMENT TO AGREEMENT is made and effective as of October 24, 2022, between the City of Upland, a municipal corporation ("City") and General Pump Company, Inc., a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties".

RECITALS

A. WHEREAS, the Parties entered into a professional services agreement, dated June 27, 2022, for City Well 7A Rehabilitation (the "Original Agreement"); and

B. WHEREAS, the Parties now desire to enter into an amendment to the Original Agreement in order to include additional funds for the continued performance of the services.

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this First Amendment mutually agree as follows:

AMENDMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment to Section 2. - 2.1 Contractor. Section 2.1 – Contractor of the Original Agreement shall be amended to read as follows:

“Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing well rehabilitation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.”

3 3. Amendment to Section 3. - 3.1.1 General Scope of Services.

Section 3.1.1 - General Scope of Services of the Original Agreement shall be amended to read as follows:

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

a. In consideration for the additional work as described in this First Amendment, Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the additional professional well rehabilitation maintenance services necessary for the Project (“Amendment 1 Services”). The Amendment 1 Services are more particularly described in Exhibit “A-1” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Amended Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.”

4. Amendment to Section 3. - 3.3.1 Compensation. Section 3.3.1 - Payment of the Original Agreement shall be amended to read as follows:

"3.3.1 Compensation.

a. In consideration for the additional costs as described in this First Amendment, City shall pay Consultant an additional One Hundred Two Thousand Forty Dollars ($102,040.00), bringing the total not-to-exceed amount of compensation under the Agreement to Two Hundred Ninety-Two Thousand Forty Dollars ($292,040.00). Except as expressly amended by the terms of this Amendment, all terms and provisions of the Agreement shall remain in full force and effect.

b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice."

4 5. Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

6. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes.

7. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON FOLLOWING PAGE]

2 SIGNATURE PAGE FOR
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES.AGREEMENT WITH GENERAL PUMP COMPANY, INC.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed the day and year first above written.

CITY OF UPLAND
a California municipal corporation

CONTRACTOR
General Pump Company
159 N Acacia St.

San Dimas, CA 91773

_____________________________
Michael Blay, City Manager

By:____________________________

Name:_________________________

Title:___________________________
Attest:

______________________________
Keri Johnson, City Clerk

By:____________________________

Name:_________________________

Title:___________________________
Approved As to Legal Form:

_______________________________
Stephen Deitsch, City Attorney

159 N. ACACIA STREET * SAN DIMAS, CA 91773
PHONE: (909) 599-9606 * FAX: (909) 599-6238

CAMARILLO, CA 93010 * PHONE: (805) 482-1215
www.genpump.com

WELL & PUMP SERVICE SINCE 1952 Lic. #496765
Serving Southern California and Central Coast

October 12, 2022 Via Email

City of Upland
1370 North Benson Ave
Upland, CA 91786
Attn: John Robles

Subject: City of Upland: Well 7A Rehab Project – Pump Inspection and Additional Repairs

General Pump Company is pleased to provide our pump inspection and repair recommendations for the O/L pump equipment recently pulled from the above referenced site. At the time of bidding, the condition of the pump equipment was unknown. For bidding purposes, GPC assumed that the bowl assembly, column pipe, tube & shaft, tension assembly, and discharge would only require a standard recondition/rebuild. We also stated that the cost for repairs was subject to change based on the actual condition of the equipment.

Our inspection has determined that the repair requirements far exceed a standard recondition/rebuild. For this reason, additional funding is required to perform the required repairs and replacement of materials. Below is a summary of our findings, along with our recommendations for repairs and the associated costs.

Engineering Inspection

• Bowl assembly was pumping sand/media that caused unrepairable damage. Bowl shaft wore through bushings and into bowl castings, impellers are worn beyond repair, and bottom of bowl castings are grooved from sand production. Complete bowl assembly requires replacement. Upgraded materials of construction are recommended to give pump more longevity in sand production well environment. • Records indicate that the pump was equipped with 50’ of 12” PVC engineered suction pipe and an 8” SS cone strainer. Bowl assembly was pulled with the 8” NPT to 12” flush-thread, but the remainder of the suction assembly separated and fell to the bottom of the well. Suction Adapter off bowls is heavily pitted and corroded; need to replace with new. All other components are assumed to be in bad condition and will required a full re-engineered suction assembly. • Pump assembly is currently equipped with ¾” taper pipe and a NPT X Butt C/O coupling to the discharge head. Proper application is butt thread pipe. All pipe sections are covered with thick bacteria incrustation and pipe displays heavy corrosion and pitting. Need to replace all column pipe with new and standardize the application to straight butt thread pipe.

John Robles
City of Upland
October 12, 2022
Page -2-
Engineering Inspection – (Con’t.)

• All tubes are covered with bacteria incrustation and display corrosion and pitting.

Bearings are worn and oversized. Line shafts are worn at bearing journals. Shaft couplings have deep hammer dents and wrench marks. Replacement is required for all tube and shaft assemblies.
• The structural condition of the discharge head and short column appear to be in fair condition. The interior of the short column does display some mild corrosion and pitting. It is highly recommended to sandblast the entire unit and at a minimum line the water passages with protective coating to avoid further corrosion. If the short column corrodes beyond use, extensive fabrication and machining will be required which will result in a higher cost than lining the water passages. • Head shaft is worn at bearing journal and top tube displays corrosion and pitting.

Both components need to be replaced with new.
• Tension assembly is slightly worn at bearing, but structural condition appears to be good. Recondition is required.
• Recommend furnishing and installing new 1-1/4” SCH-80 sounding tube and the addition of a ¼” SS Airline assembly.

Note: Teardown pictures have been included on a separate attachment for review.

Cost Proposal

Shop Labor

• Receive and inspect new materials / Quality assurance • Check proper fit of new engineered suction pipe and adapters • Weld lugs on suction adapter and install cap on bottom piece • Check proper fit of new column pipe / Steam-clean and prep for install • Fabricate and weld lugs on upper 200-feet of column pipe • Check proper fit of new T&S assemblies / Stab in column and prep for install
• Check proper fit of new BWS centralizers
• Transport head to and from coaters, handling
• Rebuild existing tension assembly
• Machine new top tube / Install tension assembly and prep for install • Machine new head shaft / Install nut & key and prep for install • Check proper fit of new PVC sounding tube / Stage and prep for install • Check proper fit of new airline assembly / Gather bracket & fittings and prep for installation
• Gather necessary gaskets, fittings, bolting
• Stage and load out all equipment; prep for install

Lump Sum $ 8,892.00

John Robles
City of Upland
October 12, 2022
Page -3-
Cost Proposal – (Con’t)
Materials

• 10" SCH-80 PVC Cap
• 10" X 20' SCH-80 Slotted Flush-Thread PVC Pipe (Qty-3) • 10" X 10' SCH-80 Blank Flush-Thread PVC Pipe
• 10" X 2' Flush-Thread X NPT Carbon Steel Adapter
• 8" NPTM X 10" NPTF Column Adapter
• 12LC-9STG Hydroflo Bowl Assembly, HD Construction
• Lug Material for 200' of Pipe
• 10" X 20' X .365" TNC Butt Pipe (Qty-35)
• 3" X 1-11/16" X 20' T&S Assembly (Qty-35)
• 10" BWS Centralizer (Qty-12)
• Materials to Refurbish 10" Discharge Head
• Materials to Rebuild 3" Stretch Assembly
• 3" Top Stretch Tube
• 1-11/16" C-1045 Head Shaft w/ Nut & Key
• 1-1/4" X 10' SCH-80 Flush-Thread PVC Pipe (Qty-71)
• 1/4" SS Airline Assembly w/ Gauge, Bracket, and Fittings • Banding and Buckles for Airline Assembly
• 5 Gal Pail - Turbine Oil for T&S Installation
• J-Box Electrical Connection Kit
• 12" 150# Discharge Gasket w/ Nut & Bolt Kit
• Misc. consumables, assembly lube, solvents, paint, pump head base sealant, acetylene, shims, etc
• Estimated shipping & handling
• Sales tax @ 7.75% $ 183,153.00

Outside Service

• Sand blast discharge head and Epoxy line water passages $ 895.00

Labor & Materials Subtotal $ 192,940.00
Original Bid Repair Subtotal -$ 58,080.00

Additional Grand Total $ 134,860.00

Should you have any questions or need additional information regarding the above summary and associated cost, please do not hesitate to contact us. Thank you.

GENERAL PUMP COMPANY, INC.

Michael Garcia
Michael Garcia
Project Manager / Project Engineer

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

D A T E :O ctob er 2 4, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R

M I K E K I TC H E N , S P E C I A L F L E E T C O N S U LTA N T S U B J E C T :E N V I R O N M E N TA L S E W E R T R U C K P U R C H A S 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 th at t he C it y C oun cil ap p rove th e p urch ase of on e (1 ) new Vac tor 2 11 2 S ewer C l ean er (8 05 19 ) in t h e am ou nt of $56 8,3 01 .51 wi th H aaker E q u ip m en t C om p an y; an d authorize th e C ity M anag er to execu te all n ecessary d ocum ents.

G O A L S T A T E M E N T
Th e p rop osed action su p p orts th e on g oing long -term C ity-wid e fleet rep lacem ent an d m od ern ization p rog ram .

B A C K G R O U N D
A s p art of th e C ity’s l ong -term fleet rep lac em en t and m od ern izati on p rog ram , t he F leet M aintenan ce D i vis ion w orks w it h all t h e C i ty’s D ep art m en ts on d esig n in g and veh icle rep lacem en ts.

Th e S ew er D i vision of t h e P ub li c Works D ep art m en t i s req u estin g th e p u rchase of a n ew p iece of eq u ip m en t t o aid e i n its op erat ion s of rep airin g an d m aint ain in g t h e C ity's s ew er lines. T he S ewer D ivision i s req uesting th e p u rc h as e of a n ew S ew er C lean in g Tru ck. Th e p u rc h as e of th is u n i t wi ll b e an ad d i ti on t o th e exi st in g t w o (2) tru c ks op erat ed b y t h e S ew er D ivision used for cl ean i n g st orm d rain s, c atc h b asins, sewer line, an d aid e th e Wat er D ivision w ith in stallation an d rep airs of th e C ity's water lin es.

I S S U E S /A N A L Y S I S
S ou rcew ell, form erly kn ow n as th e N at ion al J oin t Powers A llian ce (N J PA ), is a self-su stain in g g overnm ent org an izati on with over 40 years of d ed ic ated service h elp in g g overn m en t, ed u cation , and non p rofit ag en cies op erate m ore efficien tly b y p rovid ing C on tract p u rchasin g solution s th rou g h C oop erati ve P u rchasin g . C oop erat ive p u rc h as in g is “p rocu rem en t con d u cted b y, or on b eh alf of, one or m ore P ub li c P rocurem en t U nits” as d efi n ed b y t he A m erican B ar A ssociation M od el P roc u rem en t C od e for S tat e an d L ocal G overnm ent s. T h i s arrang em en t allow s m ul ti p l e ag en ci es to c om b in e t heir b u yi n g req u irem en ts ont o a sin g le con tract an d ag g reg ate vol um e to enh ance p u rc h as in g p ower. Part ic ip an t s can neg otiate l ow er p rices, red uce t heir ti m e sp en t i n p rocurem en t and cont racting , an d b en efit from m ore favorab le term s and con d itions.

Particip ation in S ourcewell is availab le at no cost, no ob lig ation , and no liab ility to p ub lic ag en cies, school d istricts, state colleg es, u niversities, an d local g overnm ents. S ourcewell follow s t he c om p eti ti ve cont racti ng law p rocess t o solicit, eval u at e, an d award coop erative p u rchasin g con tract s for g ood s an d servic es. S ourcewell saves p u rc h as ers m on ey b y offerin g b etter p ricing , l ess tim e is s p en t reviewing b id s an d it c om b in es th e p u rchasin g p ower of m ore th an 50 ,00 0 org an izati on s . Th e C i ty of U p land is a S ou rcewel l m em b er. T his p rocurem en t p rocess m eets t h e S t ate of C ali forn ia’s c oop erati ve p u rch asi n g c od e 65 00 & 65 02 , an d Up lan d m u nicip al c od e section 2 .48 .08 0, allowing t he C ity t o d isp ense wi th th e b id d i ng p roced ures w hen p u rchases are b eneficial t o th e interests of th e C it y and from sup p liers wh o h as b een aw ard ed a c on t rac t resu lt in g from a form al c om p eti ti ve b id d ing p rocess b y an oth er g overnm ental ag ency. Th e C ity of U p land is a S ou rcew ell m em b er.

Th e S ourcewell p ricin g from H aaker E q u i p m en t C om p an y for th e p u rch ase of on e (1 ) new Vactor S ew er C l ean er Tru c k w as recei ved b y th e F l eet M ain ten ance D ivision in the am oun t of $5 68 ,30 1.5 1.

F I S C A L I M P A C T S
Th e C ity C ou n ci l ap p roved $6 60 ,00 0 for the p urch ase of a V acu um S ew er Tru ck for F i sc al Year 20 22 /23 , w h i ch i s su ffic ien t fun d i ng for this p u rchase (A c cou n t N o. 64 5-6 40 2-5 53 1). N o ad d ition al ap p rop riation s are necessary at th is tim 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
Haaker E quipment Vactor Quote

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

D A T E :O ctob er 2 4, 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 RT S A U G U S T (A M E N D E D ) A N D S E P T E M B E R 2 02 2

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 t hat th e C it y C ou ncil recei ve and fi le the am en d ed A u g u st an d S ep tem b er 20 22 Treasu rer's Rep orts.

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.

Th is su b m is si on in cl u d es an am en d ed A u g u s t 20 22 Treas urer's Rep ort to reflect the C ity's recent in vest m en t in C ali forn ia A sset M anag em en t P rog ram (C A M P ), a C ali forn ia J oint Powers A u th ority estab lished in 19 89 to p rovid e C alifornia p ub lic ag en cies w ith p rofession al in vestm en t servic es. T h e C A M P p ool is a p erm itted i n ves tm en t for al l local ag en cies u nd er C alifornia G overn m en t C od e S ect ion 5 3 6 0 1 (p ), an d all ow ab l e in t h e C i ty's I n vest m en t Policy un d er sec ti on 10 .12 - L ocal G overn m en t I n vest m en t Pools with n o li m i tat ion as t o the p ercen tag e of th e p ortfolio invested in th at categ ory.

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 (Amended)
T reasurer's Report - S eptember 2022

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

D A T E :O ctob er 24 , 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

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

A S S O C I A T I O N (P V PA )

R E C O M M E N D E D A C T I O N
I t is rec om m en d ed th at t he C i ty C ou n c il ap p oin t B rad en Yu as p roxy t o vote all s hares at the ann ual sh areh old er’s m eetin g of the Pom ona Valley P rotective A ssociation.

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 t h e C ity’s g oal to m ai nt ain reas on ab le w ater rat es th at al low for recovery of costs b y im p lem en ting m an ag em ent and fin ancial con trols.

B A C K G R O U N D
Th e Pom on a Val ley P rotective A ssociation (P V PA ) i s a p rivate n on -p rofi t com p an y d ed icat ed to w ater conservat ion t h at w as in corp orated i n 1 91 0 to p rotect t he ri g h ts of t he w ater p rod u cers in th e C larem ont , Pom on a, U p lan d , an d L a Vern e areas. P V PA own s an d op erat es sp read in g facilities on ap p roxim at ely 8 00 acres of association own ed land loc ated alon g t h e S an A n ton io and Th om p son C reeks for th e p u rp ose of rech arg in g g rou nd w ater b asin s.

P V PA sp read in g facilities recei ve ru noff from several can yons in t he S an G ab riel M ou ntain s, in clud in g S an A n ton io, T h om p s on , an d Li ve O ak C an yon s , in ad d it ion to a n um b er of sm aller can yons. C ap tu red ru noff p ercolat es i nt o th e g rou n d an d rep l en i sh es t h e S ix B asin s g roun d water aq ui fer. P V PA is id ent ifi ed in th e S ix B asi ns ju d g m en t as the p art y resp onsib le for sp read ing and rec h arg e op erations to rep l en i sh the S ix B asi n s g rou n d w at er b asin . I n the fall of 19 98 , th e p arties an d P V PA entered in to a stip u lated ju d g em en t. S in ce the

im p lem en tation of t h e ju d g m en t P V PA h as rec h arg ed over 2 0,0 00 m i ll ion g allon s of water in th e S ix B asin s for use as a local w ater su p p ly.

Th e C it y of U p lan d own s 93 9.4 7 s hares (1 .6% of all sh ares ) of P V PA and th e P V PA h as a nine- m em b er B oard of D irectors that g overns th e A ssociation .

I S S U E S /A N A L Y S I S
E ach year the A ssociation h old s an ann ual sharehold er’s m eetin g in N ovem b er to elect the B oard of D irectors for th e up com in g year and con d u ct oth er an nu al b usin ess. Th e city m ust authorize a p erson to carry th e C ity’s p roxy and to vote at the an nu al m eeting .

S taff recom m en d s t he C i ty C oun cil ap p oin t B rad en Yu as p roxy to vote all sh ares at the ann ual sh areh old er’s m eetin g of the Pom ona Valley P rotective A ssociation.

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
P V PA Proxy

PROXY TO THE POMONA VALLEY PROTECTIVE ASSOCIATION

CITY OF UPLAND

DOES HEREBY APPOINT
Appointee:

As its authorized representative or agent to represent said organization and its 939.47 shares of PVPA stock at any and all meetings of the shareholders of the Pomona Valley Protective Association,the annual meeting of said Shareholders to be held November 10, 2022 which will address the items identified in the attached agenda, and any adjourned or specially called meetings thereof. The above-mentioned organization also appoints the above-mentioned individual to act as its agent or representative for any and all meetings of PVPA’s consumers on the above-mentioned date.

By _______________________
Dated _____________________
Please return proxy to:

Stephen M. Yoss, Secretary/Treasurer
Pomona Valley Protective Association
300 W. Foothill Blvd.

Claremont, Ca. 91711
Braden Yu

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

D A T E :O ctob er 24 , 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 S P E C I F I C P L A N A M E N D M E N T N O. 22 -00 01 ,

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

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, waive fu rt h er read i n g , and i nt rod uce an O rd i n an ce ad op t in g S p eci fic P lan A m end m en t N o. 2 1 -0 0 0 2 , am en d in g th e H i st ori c D ow n t ow n U p lan d S p eci fic P lan t o p roh ib it storag e uses and intern et-on ly b u sinesses t hat are n ot op en to th e p ub li c and al low for an d ad op t reg ulations p ertai n i n g t o ou td oor d isp lay of m erch and is e for retail b u s in ess es (A tt ach m en t A – D raft O rd in ance).

G O A L S T A T E M E N T
Th e ord i n an ce s u p p orts th e C i ty’s overarch in g g oal of su p p ort in g g rowt h i n D own town Up lan d b y att racti ng retai l u ses t o t h e g rou nd floor level in D own town an d creatin g a vi tal sh op p in g d estination t hat i s econom icall y s u c ces sfu l an d m eet s the con su m er n eed s and p referen c es of Up lan d resid en ts.

B A C K G R O U N D
C u rrently, the H ist oric D own town U p lan d S p ec ifi c P lan (H D U S P ) p roh ib it s “ou td oor d is p l ay of m erch and ise” across th e en ti ret y of the sp ecific p lan area. D u ri ng t h e C O V I D -1 9 p and em ic, th e C it y M an ag er aut horized an exec u t ive ord er tem p orarily allowing for out d oor d isp lay of m erch and ise w it hin d ow nt ow n U p l an d as a m ean s of s afely p rom otin g b usin ess act ivi ty. D ue to the p op u larity of th e p rog ram d urin g the p and em ic, several d own town Up lan d b usin esses have req u ested p erm it ting out d oor d i sp lay p erm an en tl y. Th e d i sp lays , w h en ap p rop riately utilized , p rovid e an active storefron t in the d ow ntow n an d p rom ote an eng ag ing p ed estrian

exp erien ce. A s s u c h , th e P lan ning D ivision h as i n i ti ated p roc eed i n g s to am en d th e S p ecific P lan to allow for ou td oor d isp lay of m erch and ise su b ject to m eetin g sp ecific cond ition s.

C on cu rrently, staff h as b een m ad e aw are of certai n l an d u ses th at are occu rrin g wi th in th e O ld Town D i st ri ct th at are n ot in keep ing w i th th e p ed estrian-frien d ly orien tat ion of u ses allow ed w ithin the O ld Tow n D istrict. S t aff id ent ified t w o uses, “S torag e as a P rim ary U se” an d “I n ternet-b ased b u si n es ses not op en t o th e p u b li c” t o b e in cl ud ed as p roh ib it ed u ses w ithin th e H D U S P.

Th e p rop osed am end m en ts w il l only ap p ly i n th e “O ld Town D is tric t” sh ow n i n At tac h m en t B.

Th e “O ld Tow n D istrict” i s th e com m ercial core of d own town U p land an d cont ain s restau ran t, retail and office u ses . “I n t ern et-b ased b us in ess es not op en t o th e p ub li c” w ou ld b e p roh ib ited on t h e g roun d floor on ly, b u t wou ld b e p erm it ted on u p p er fl oors . “S torag e as a P rim ary U se” w ould b e p rohib ited on all floors.

P lann in g C om m ission

At t he S ep t em b er 2 8, 2 02 2 m eetin g , the P lan ning C om m i ssion con si d ered t h e p rojec t, heard p u b lic com m ent, an d eng ag ed in d iscussion reg ard in g th e p rop osed reg u lation s, and the effects on D own town U p lan d . U ltim ately, t h e P lann in g C om m is si on recom m end ed t hat the C ity C oun ci l ad op t an O rd in an c e am end in g t h e H D U S P. (S ee At tac h m en t C – P lann in g C om m ission Resolution ).

I S S U E S /A N A L Y S I S
O utdo o r D isplay

I n est ab l is h i n g g u i d el in es for out d oor d isp lay with in the H D U S P, st aff reli ed on th e O u td oor D isp lay req ui rem ent s con tained w it hi n Up lan d M un ic ip al C od e (U M C ) C h ap ter 1 7.1 6 (P rop erty M aintenan ce an d U s e S t an d ard s), as w ell as t he p revious exec u t ive ord er th at was in p lace d u ring th e C O V I D -1 9 p and em ic. T h e reg u lat ion s are in ten d ed to en su re t h at th e p ub lic safety, h ealt h an d w el fare i s m ain tai n ed w it h i n t h e s p ec ifi c p lan area, wh ile also g ivin g b u sinesses w it hi n d own town th e ab ilit y to in crease s ales wi th the p rom oti on of g ood s to p rovid e a p ed estrian-orien ted storefront.

Th e p rop os ed reg u l ati on s are b roken i n t o t w o (2 ) s ect ion s, S ec ti on “a” an d S ection “b ”.

S ection “a” p rovid es the p erm itted d isp lay item s, wh ich in clud es retail item s typ ical w ithin D ow ntow n U p land . S ection “a” als o g ives aut horit y to t h e D evelop m en t S ervi ces D irect or to allow sim ilar uses if a p articu lar b u siness sells p rod ucts th at are not listed .

S ection “b ” lists t h e reg u lat ory an d p erm it req u i rem en t s for th e es tab li sh m en t of an ou td oor d isp lay. T his s ect ion in d i cat es th at t he ou td oor d is p l ay area w ill req u ire a p erm it. Th e typ e of p erm it ap p roval w ill d ep en d on th e loc ati on of th e out d oor d is p l ay area, an d th e lan g u ag e w ithin th e ord in anc e p rovid es staff th e ab i li ty t o ap p ly th e p erm i t req u irem en t ap p rop riately.

B u sinesses that d isp lay item s on p rivat e p rop ert y wi ll n eed a p erm it from th e P lann in g D ivision. B u si n es ses t h at d is p l ay i tem s in t h e p u b l ic rig ht -of-w ay, such as w ithin th e sid ew alk area, w ill req uire an enc roac hm ent l ic en s e ag reem en t . Th is i s n ec ess ary as som e storefronts are inset an d h ave an area in fron t of the store th at is with in p rivate p rop erty.

Th e other reg u lation s w ithin S ection “b ” essentially reg ulate tim e, p lace and m ann er for outd oor d i sp lay. Reg u l ati on s i n c lu d e p reservin g acc ess t o t he b u ild ing , p reserving A D A accessib ility ac ros s t h e s torefron t an d en su ri n g th e d i sp lay area d oes not cau se an y hazard s.

I n ad d ition, th e d isp lay area is lim ited to 7 5% of the b u ild ing frontag e and lim ited to one storefront, an d t he d isp lay area can n ot b e in fron t of other b u s in ess es. F urth erm ore, the d isp layed i tem s m ust b e p lac ed i ns id e th e b u i ld in g wh en t he b u si n es s i s closed , an d m u st b e kep t in an ord erly an d n eat c on d it ion . F in ally, liab ility insurance is req ui red to en su re t h e C ity is p rotected .

Th e p rop osed reg u lation s are as follows:

“9. O utdo o r D isplay o f M erchandise

a. O u td oor d isp lay of t he foll ow in g m erch an d is e s h al l b e all ow ed su b jec t to th e req uirem ents in S u b section b of this section

F low ers and p lants;
C loth in g an d ap p arel;
H and crafted p rod u cts an d g ood s;
A rtwork and p ottery;
A n tiq u es;
Recreational eq u ip m en t (e.g ., b icycles, roller skates, skateb oard s, etc.); O th er m erch and ise t h at th e D evel op m en t S ervices D irect or find s to b e s im il ar in ch aracter, typ e, or n atu re to th e m erch and ise listed ab ove.

b . O u td oor d isp lay/sales areas shall com p ly with all of th e follow in g d evelop m en t stan d ard s:

i. Perm it Req uired . A ll ap p l ic an t s sh all su b m it for a p erm i t on su ch form as the D evelop m en t S ervices D irect or p rescrib es, w h i ch sh all i n c lu d e the in form ati on h erein b elow, in ad d ition to all oth er inform ation d eterm in ed n ecessary b y the D irector.

ii. T he d i sp lay area s h al l b e l ocat ed ad jacen t to th e st orefront of the b u il d i ng w ithin w hich b u siness is located . T he d isp lay area shall n ot extend p ast the b usin ess storefront.

iii. D i sp lay area is lim ited t o 1 (on e) p ub lic fac in g st orefront an d sh all n ot exc eed 75 % of th e ten ant’s storefron t.

iv. D isp layed m erchan d ise sh all n ot ob struct traffic sig ht areas; encroach up on lan d scap ed areas , d riveways, p arki ng sp aces, ac ces s ways, or p ed estrian w alkways ; or oth erwise create h az ard s for veh ic le or p ed es trian traffic. A D A accessib ility sh all b e p reserved at all tim es.

v. I ng ress/eg ress to/from th e b u ild ing sh all b e p reserved at all tim es.

vi. I tem s shall on ly b e d i sp layed wh ile th e b u siness i s op en an d op erat in g . D isp layed item s sh all n ot b e stored ou ts id e of t he b u ild ing . A l l d isp layed it em s shall b e stored in sid e the b uild in g wh en the b usin ess is closed .

vii. Th e d isp lay area sh all b e m ain tained in an ord erly an d n eat cond ition at all tim es.

viii. B u s in ess es sh all m ain tai n a C ert ificat e of I n su ran ce for a m i ni m u m d et erm in ed b y th e D evelop m en t S ervices D irector, i n d ic ati n g t he C ity of U p lan d as a “C ertificate H old er” an d “A d d itional I n su red .”"

I nternet-based businesses and sto rage uses

A s m ent ion ed ab ove, staff has b een m ad e aw are b y m erchan ts of b uild in g s with in t h e O ld Town D istrict t h at are b ei ng u s ed for i n t ern et-b ased b usin ess and st orag e u ses. Th ese uses, w hile m ay b e ap p rop riate in certai n areas of the H D U S P, are n ot ap p rop riate i n t he O ld Tow n D istrict b ecause t h e u ses are n ot op en to p ed estrian i nt eracti on. S im ilarly for th is reason, office u ses are curren tly p roh ib ited on th e G roun d F loor w it hin th e H istoric C ore of th e O ld Town D ist rict . S taff h as i d en ti fied th e sp ecific loc ati ons i n w h i ch th e u ses are p roh ib it ed . T he p rop osed am end m en t p roh ib its the following :

1. I n d oor s torag e as a p rim ary u se (with in t he O ld Town D istrict). S t aff has p rop osed to p rohib it t h i s u s e wi th in t he ent irety of t he O ld Tow n D i st ri ct . T hes e u ses contain ind oor storag e and th eir p rim ary or sole activity an d are not op en to the p ub lic for b u siness.

2. I n ternet-b ased b u si n es ses th at are not op en t o th e p u b lic (w ithin th e O ld Town D istrict, G rou nd fl oor, on 2 nd Aven u e from D street t o A S t reet an d 9 th S treet from 1s t Aven ue to 3 rd Aven ue). S taff h as p rop osed p roh ib itin g t h i s us e on th e g rou nd floor of th e areas id entified ab ove. T h e areas i d en ti fied are th e p ri m ary p ed estrian com m ercial areas th at su p p ort restaurants and retail uses w ithin d own town U p land . T hat said , this use is ap p rop riate on th e secon d floor with in these areas as b u siness on th e secon d floor d o n ot typ ically n eed a p ed est rian c on n ect ion . S taff has sp ecifically i d en ti fied t h i s use b ecau se I n ternet-b ased b usin esses could ot herw is e id en t ify as a retail land us e, b u t s aid ret ail is only onlin e and th e storefronts are not activated .

Th ese lan d u ses have b een sp eci ficall y id entified to as si st staff i n t he review of lan d u se ap p lication s, as wel l as t h e enforcem ent t asks rel ated t o the op erat ion of uses t h at are n ot p erm itted . A rep resen tat ive of th e D ow nt ow n M erchan t B oard (H D U ) sp oke i n s up p ort of the am en d m ent at the P lan ning C om m ission m eetin g .

E nviro nm ental R eview

Th e action is exem p t from revi ew u n d er th e C ali forn ia E n vi ron m en tal Q u ali ty A c t ("C E Q A ") (C alifornia P u b lic Resou rces C od e S ection 21 00 0, et seq .), p u rsuan t to S tate C E Q A Reg ulation §1 50 61 (b )(3 ) (14 C al. C od e Reg s . § 1 50 61 (b )(3 )), the “c om m on sen se” exem p tion coverin g activities with n o p ossib ility of h avin g a si g n ifi can t effec t on t he en vironm ent b ec au s e the O rd in ance m erel y up d at es reg u lat ory g uid elin es in th e S p ecific P lan for s torag e an d intern et- only uses, as w ell as an cillary ou td oor d isp lay of m erch and ise for retail b usin esses.

F I S C A L I M P A C T S
N o fiscal im p acts are an ticip ated as a result of this O rd inan ce.

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
Attachment A - Ordinance
Exhibit A to Attachment A - Proposed changes
Attachment B - HD US P M ap
Attachment C - P C Resolution No. 4974

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADOPTING SPECIFIC PLAN
AMENDMENT NO. SP-22-0001, AMENDING THE HISTORIC

DOWNTOWN UPLAND SPECIFIC PLAN TO PROHIBIT

STORAGE USES AND INTERNET-ONLY BUSINESSES THAT

ARE NOT OPEN TO THE PUBLIC AND TO ADOPT

REGULATIONS PERTAINING TO OUTDOOR DISPLAY OF

MERCHANDISE FOR RETAIL BUSINESSES
WHEREAS, the City of Upland Planning Division has initiated proceedings to modify the Historic Downtown Upland Specific Plan; and

WHEREAS, for Specific Plan Amendments, Upland Municipal Code (UMC) Table

17.43-1 identifies the decision-making authority as the City Council; and

WHEREAS, the proposed Specific Plan Amendment No. 22-0001 will not conflict with the goals, policies, and implementation measures set forth in the General Plan and Historic Downtown Upland Specific Plan; and

WHEREAS, the Specific Plan Amendment application is for a text change only, no physical development is proposed; and

WHEREAS, the project is considered a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and

WHEREAS, the specific plan amendment 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; and

WHEREAS, on August 24, 2022 and September 28, 2022, the Planning Commission held a duly noticed public hearing to consider the Project, made the necessary findings, and adopted Planning Commission Resolution No. 4974 recommending the City Council adopt an Amendment to the Historic Downtown Upland Specific Plan; and

WHEREAS, on October 24, 2022, the City Council conducted a duly noticed public hearing introducing the first reading of the Ordinance; and

WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

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 reference.

Section 2. Ordinance: Specific Plan Amendment. The Historic Downtown Upland Specific Plan is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. The proposal is in conformity with the following General Plan Land Use Policies.

1. Policy FA 8.2 Economic Development. Focus economic development efforts on the retention and attraction of viable and desirable commercial uses in Downtown.

Fact: The amendment will attract new retail uses that wish to have outdoor display within downtown Upland. Furthermore, the amendment will retain existing businesses and assist in their efforts to increase sales.

2. Policy ES-3.8 Ground-floor Retail. Attract retail uses to the ground floor level in Downtown in coordination with policies and standards in the Historic Downtown Upland Specific.

Fact: The amendment will attract and retain viable retailers for ground floor level storefronts and will set up standards to ensure retailers have options for outdoor display of merchandise. In addition, uses in downtown will be further limited, which will result in additional opportunities and leasable space being available for retail or restaurant uses that can thrive in a downtown environment.

Section 4. The proposal is consistent with the following Specific Plan Objectives and Policies.

1. Objective 1.2 Ensure new development maintains the pedestrian scale and historic grid pattern of Downtown and contributes to a pedestrian-friendly walking environment.

Fact: The outdoor display of merchandise will be located adjacent to pedestrian walkways, maintaining the pedestrian scale and orienting retail towards pedestrians. Furthermore, the prohibition of storage and internet-only businesses will ensure pedestrian oriented uses are established in the Old Town District at the pedestrian level.

2. Policy 3.2.3 Ground floor uses along 2nd Avenue, between C and 8th Streets, and along 9th Street, between 1st and 3rd Avenues, shall be commercially- oriented only and create a continuous building frontage along the street edge.

Fact: This amendment will prohibit uses within the Old Town District that are not friendly to pedestrians, ensuring that commercial buildings within the Old

Town District are reserved for pedestrian oriented uses, where appropriate, such as retail and restaurant uses.

Section 5. California Environmental Quality Act (CEQA). Project 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.

Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for 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 is would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 7. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 8. 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 14th day of November, 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 24th day of October, 2022, and was adopted at a regular meeting of the City Council of the City of Upland held on the 14th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST: _____ _________________________
Keri Johnson, City Clerk

EXHIBIT A
Amendments to the Historic Downtown Upland Specific Plan

1 Euclid District 5-11
2 Old Town District 5-16
3 Arrow Highway District 5-21
4 Civic Center District 5-24
5 Pleasant View District 5-26
6 Multi-Family/Senior District 5-29
7 Citrus Transportation District 5-32
8 Residential Transit District 5-35
9 Olivedale District 5-39
A. Project-Specific Development Standards 5-42
1 Historic Preservation and Adaptive Reuse 5-42
2 Multi-Family Residential 5-44
3 Mixed-Use 5-48
4 Live/Work 5-49
5 Senior Housing 5-50
6 Second Dwelling Units 5-51
B. General Development Standards 5-52
1 Frontage Types 5-52
2 Fences and Walls 5-54
3 Corner Cut-off 5-56
4 Parking 5-57
5 Open Space 5-65
6 Landscaping 5-65
7 Lighting 5-65
8 Nonconforming Uses, Structures and Signs 5-67
9 Outdoor Display of Merchandise 5-70
C. Signs 5-71
a Purpose 5-71
b Signage Types Permitted 5-71
c General Standards 5-71
d Sign Area 5-72
e Sign Height 5-72
f Historical Signs 5-72
g Wall Signs 5-73
h Plaque Signs 5-73
i Window Signs 5-73
j Projecting Signs 5-73
k Awning and Canopy Signs 5-74
l Under-Canopy Signs 5-74
m Hanging Signs 5-74
n Marquee Signs 5-74
o Monument Signs 5-75
p Restaurant Menu Signs 5-75
q Tenant Directory Signs 5-76
r A-Frame Signs 5-76
s Temporary Signs 5-77
t Temporary Community or Civic Signs 5-77
u Murals 5-77
D. Definitions 5-78
,

C. Permitted and Conditionally Permitted Uses

Permitted and conditionally permitted uses allowed in each district are provided in Table 5-1. In some cases there are specific requirements for ground-floor and upper- floor uses, which are also indicated in the table. “P” designates permitted land uses, “m” designates a use requiring a minor conditional use permit, and “M” designates a use that requires a major conditional use permit. All uses are defined in Section H, Definitions.

Land uses that are not listed or not labeled “P”, “m” or “M” are not permitted. The development application and review process for permitted and conditionally permitted land uses is provided in Chapter 9, Implementation, of this Specific Plan.

The following uses are expressly prohibited in all districts in Downtown Upland:

i. Ambulance service, excepting offices;
ii. Automotive sales, including brokerages;
iii. Automotive repair (minor and major);
iv. Lodges, fraternity or sorority houses or similar places of regular, long-term, or frequent high-occupancy lodging;
v. Drive-thru establishments;
vi. Outdoor Display of Merchandise;
vi. Outdoor rental or storage yards;
vii. Pawnshops;
viii. Indoor storage as a primary use (within the Old Town District); ix. Internet-based businesses that are not open to the public (within the Old Town District, ground floor, on 2nd Avenue from D street to A Street and 9th Street from 1st Avenue to 3rd Avenue); and x. Any other uses that, after evaluation by the Planning Commission, may have characteristics that are adverse to the intent and purpose of the Specific Plan.

Table 5-1 Permitted Land Uses
Land Uses Permitted Uses by District

Key to Permit
Requirements P =
Permitted Use
C = Conditional Use Permit Required
m = Minor Conditional Use Permit
Required
Eu
c
l
i
d
1 Ol
d
To
w
n
1 Hi
s
t
o
r
i
c
Co
r
e

Ar
r
o
w
Hi
g
h
w
a
y

Ci
v
i
c

Ce
n
t
e
r

Pl
e
a
s
a
n
t
Vi
e
w

Mu
l
t
i
-Fa
m
i
l
y
/

Se
n
i
o
r
Ho
u
s
i
n
g

Ci
t
r
u
s
Tr
a
n
s
p
o
r
t
a
t
i
o
n

Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t

Ol
i
v
e
d
a
l
e

Gr
o
u
n
d

Up
p
e
r

Gr
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Residential
Multi-family Residential P P P*2 P P P P P P P P P P P P Residential Care Facility P P P P
Second Dwelling Unit P P
Senior Housing P P P P P P P P P P P P P P
Single-Family Residential P P P P P3 P3 P P Institutional
Cultural Use (Assembly) m m m m m m m m m m m m m m
Cultural Use (Non-Assembly) P P P P P P P P P P P P P P Government Office P P P P P P P P P P P P
Park or Recreational Facility P P P P P P P P P P Public Facility P P P P P P P P P P P P P P
School C C C C C C C C C C C C C C
Commercial
Adult Business Subject to Chapter 17.20122 of the Municipal Code Alcoholic Beverage Sales (Off-Site, 25% GFA devoted to sale of alcohol)

C C C C C C C C C C
Animal Sales & Services (boarding) P P P P P P Animal Sales & Services (non-boarding) P P P P P P P P P P

ATM P P P P P P P P P P P P
Bank or Financial Services P P P P P P P P P P
Bar or Night Club C C m m m m C C m m
Commercial Recreation/Entertainment (indoor) P P P P P P P P P P Commercial Recreation/Entertainment (outdoor) P P P P P P Convenience Store P P P P P P P P P P
Grocery Store P P P P P P P P P
Health/Fitness Facility P P P P P P P P P P P P
Instructional or Production Studio P P P P P P P P P P Live Entertainment/Dancing4 C C C C C C C C C C
Personal Services (excluding salon/barbershop) P P P P P P P P P P Restaurant (fast food, excluding drive-through) P P P P m m P P P P Restaurant (full service, sit-down, serving no alcohol) P P P P P P P P P P

Table 5-1 Permitted Land Uses (Continued)
Land Uses Permitted Uses by District

Key to Permit
Requirements P =
Permitted Use
C = Conditional Use Permit Required
m = Minor Conditional Use Permit
Required
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Commercial (Continued)
Restaurant (full service, sit-down, serving alcohol) m m m m m m m m m m Retail Store, General P P P P P P P P P P
Salon/Barbershop m m m m m m m m m m
Sidewalk Café5 P P P P
Specialty Food Store P P P P P P P P P P
Office/Professional
Business Support Services P P P P P P P P P P P
Medical or Dental Laboratory P P m P P P P C C
Medical or Dental Office P P P P P P P P P
Urgent Care Facility P P P P
Home Occupation6 P P P P P P P P P P P P P P P P
Professional Office P P P P P P P P P
Other
Accessory Uses (habitable) P P P P P P P P P P P P Accessory Uses (nonhabitable) P P P P P P P P P P P P Bed & Breakfast6 P P P P P P P
Day Care Center - Small C C C C C C C
Day Care Center - Large C C C C C
Hotel (limited stay) P P P P P P P P P
Motel (limited stay) P P
Light Industrial P P P
Live/Work7 P P P P P P P P P P
Mixed-Use8 P P P P P P P P P P
Outdoor Display of Merchandise9 P P
Parking-Surface P P P P P P P P P
Parking-Structured P P P P P P P P P P P P P P P P
Wireless Communication Facilities10 P P P P P P P P P P P P 1Includes 1st Avenue Overlay
*21st Avenue Overlay only
3Single-Family Residential in the Residential Transit District is subject to the Multi-Family Residential standards in Section E.2. Detached Single-Family Residential shall comprise no more than 1/3 of total development in the Residential Transit District.
4Either as the sole use or in conjunction with a permitted or conditionally permitted use.
5Per Chapter 17.32144 of Municipal Code
6Per Chapter 17.27124 of Municipal Code
7Per Chapter 17.28154 of Municipal Code
8All habitable areas of the ground floor shall be devoted to and constructed to accommodate non-residential uses as permitted in Table 5-1. Residential uses shall be on upper floors only. 9Per development standards within HDUSP Section (5)(F)(9) Per Chapter 17.156 of Municipal Code
10Per Chapter 17.156 of Municipal Code

• Reestablished after damage or destruction of more than 50 percent of its value, as determined by the Building
Department.

No new sign shall be approved for a site, structure, building, or use that contains non- conforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.

No building permit shall be issued for any structures, building expansions, or new building construction on a site which contains nonconforming signs, unless all signs on the site are brought into conformance with this chapter. This does not include interior altera- tions which do not substantially change the character or intensity of the site.

All nonconforming signs shall be removed at such time as the use of any site, building, or structure is changed. A change in business ownership shall not be deemed a change of use pursuant to this section.

9. Outdoor Display of Merchandise

a. Outdoor display of the following merchandise shall be allowed subject to the requirements in Subsection b of this section:
• Flowers and plants;
• Clothing and apparel;
• Handcrafted products and goods;
• Artwork and pottery;
• Antiques;
• Recreational equipment (e.g., bicycles, roller skates, skateboards, etc.); • Other merchandise that the Development Services Director finds to be similar in characte r, type, or nature to the merchandise listed above.

b. Outdoor display/sales areas shall comply with all of the following development standards;

i. Permit Required. All applicants shall submit for a permit on such form as the Development Services Director prescribes, which shall include the information herein below, in addition to all other information determined necessary by the Director. ii. The display area shall be located adjacent to the storefront of the building within which the business is located. The display area shall not extend past the business storefront. iii. Display area is limited to 1 (one) public facing storefront and shall not exceed 75% of the tenant’s storefront.
iv. Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, access ways, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic. ADA accessibility shall be preserved at all times. v. Ingress/egress to/from the building shall be preserved at all times. vi. Items shall only be displayed while the business is open and operating. Displayed items shall not be stored outside of the building. All displayed items shall be stored inside the building when the business is closed.
vii. The display area shall be maintained in an orderly and neat condition at all times. viii. Businesses shall maintain a Certificate of Insurance for a minimum determined by the Development Services Director, indicating the City of Upland as a “Certificate Holder” and “Additional Insured.”

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

D A T E :O ctob er 24 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : R O B E R T D. D A L Q U E S T, D E V E LO P M E N T S E R V I C E S D I R E C TO R S U B J E C T :C O N S I D E R A T I O N O F A R E S O L U T I O N TO A D O P T G E N E R A L P L A N A M E N D M E N T N O. 2 2-0 00 1 F O R T H E 2 02 1-2 02 9 H O U S I N G

E L E M E N T U P D A T E TO T H E U P L A N D G E N E R A L P L A N P U R S U A N T TO A RT I C L E 10 .6 O F T H E P L A N N I N G A N D Z O N I N G L A W 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 that th e C ity C oun cil take th e follow in g actions:

1. C on d u ct p u b l ic h earing an d ad op t a Resolu tion ap p rovin g G eneral P lan A m en d m ent N o.

G PA-22 -00 01 , ap p roving th e 20 21 -20 29 H ousin g E lem en t U p d ate. (S ee Attach m en t A – G PA Resolu tion), an d

2. F ind th at G PA 22 -00 01 is exem p t from t h e C ali forn ia E n viron m en t al Q u ali ty A ct p u rsuan t to S ection 15 06 1(b )(3), S ection 15 16 2(a) and S ection 1 52 83 of th e C aliforn ia E nviron m en tal Q uality A ct (C E Q A ) G u id elines.

G O A L S T A T E M E N T
Th e p rop osed H ou sing E lem ent Up d ate su p p orts the C ity's g oal to en cou rag e new, b alanced g row th w it h a ran g e of h ousin g choices for i ts res id en t s, in clud in g h ousehold s of all incom e levels an d p ersons w ith sp ecial need s.

B A C K G R O U N D
S tate l aw req u ires every c it y an d cou nty w it h i n th e S outhern C ali forn ia A ssociat ion of G overn m en ts (“S C A G ”) reg i on t o u p d ate i ts H ou s in g E l em en t for t he 2 02 1-2 02 9 p lann in g p eriod . T h e C it y has con d u cted five p revi ous p u b lic m eetin g s reg ard i n g th e H ousin g E lem en t Up d ate. Rep orts an d oth er m at eri als from th ose m eet in g s are p ost ed on th e C ity’s H ousin g E lem ent w eb p ag e at: http s://www.up lan d ca.g ov/2 02 1-2 02 9-h ousin g -elem en t-u p d ate

At i ts m eeti n g of O ct ob er 5 , 2 02 2, th e P lan ning C om m i ss ion c on d u c ted a p u b lic h earing an d ad op ted a res olu ti on recom m en d i n g that th e C i ty C ou n ci l ap p rove t he H ou si n g E lem en t up d ate. Attach m en t E p rovid es th e P lann in g C om m ission Resolu tion.

I S S U E S /A N A L Y S I S
O verview

S tate l aw req u ires c om p reh ens ive up d ates t o H ou sing E lem ent s on 8 -year cycles. Th e 2 02 1- 20 29 H ou sing E lem en t up d ate is referred to as the 6th p lann in g cycl e. Th e C i ty of Up lan d b eg an work on the H ou sing E lem ent Up d ate in D ecem b er 20 20 .

Th e H ou sing E lem en t is the m ost com p lex an d hig h ly reg ulated com p onen t of the G eneral P lan. A n im p ortan t d i fferen ce b et w een th e H ou sing E lem en t an d oth er elem ent s of the G eneral P lan is th e exten t of S t ate oversi g h t. T h e S tat e leg islatu re h as d ecl ared th at an ad eq uate s u p p l y of h ou si n g is a m at ter of st atewi d e i m p ort anc e and has d eleg ated au th ority to th e C alifornia D ep art m en t of H ou s in g an d C om m u n i ty D evel op m ent (“H C D ”) to review H ousin g E lem ents and issue op i ni ons reg ard i n g t h ei r com p l ian ce w it h S t ate law. A fi n d in g of com p lian ce b y H C D is referred to as “certification” of the H ousin g E lem ent. C ertification is im p ortan t t o enh anc e ci ti es’ elig ib ility for g ran t fun d s and to s u p p ort local l and u s e au th ority.

C ities are req u i red t o su b m it their H ou si n g E lem en ts to H C D for revi ew b oth p rior to and after ad op tion, an d H C D m u st issue op in ion s as to w h eth er th e H ousin g E l em en t fu ll y com p lies w ith S tate req uirem ents.

D urin g 2 0 2 1 , th e C it y c on d u c ted t h ree p u b li c m eet in g s t o review hou sing issues an d S tate H ousin g E l em en t req uirem ents. B ased on com m en ts from t he C ity C oun ci l, P lann in g C om m ission an d int erested p arties, st aff p rep ared a d raft H ou sing E lem en t , wh ich w as su b m itted to H C D for review on S ep t em b er 2 4, 20 21 . O n N ovem b er 2 2nd H C D issued a letter (Attach m en t B ) fin d ing th at the d raft elem ent ad d resses m an y statu tory req uirem ents; however revisions w ill b e necessary to com p ly w ith S tate H ousin g E lem en t Law.

A fter receiving H C D ’s letter, a revised d raft H ou sing E lem en t w as p rep ared ad d ressing H C D ’s com m en ts an d on M arch 23 , 2 0 2 2 , t h e P l ann in g C om m ission cond ucted a p ub li c m eet in g to review H C D ’s com m ents and th e p rop osed revis ion s t o t h e d raft H ou si n g E lem ent. A fter th at m eetin g , staff sub m itted a revised d raft H ousin g E lem en t to H C D for review.

O n M ay 23 , 2 02 2, H C D issu ed a secon d letter (Attachm ent C ) find in g th at th e revised d raft elem ent ad d resses som e statu tory req uirem ents d escrib ed in H C D ’s N ovem b er 2 2, 2 02 1, review ; h ow ever, ad d i ti on al revis ion s are necessary to fu ll y c om p ly w it h S t ate H ousin g E lem ent L aw.

I n resp onse t o H C D ’s com m ents, ad d it ion al revi si ons were m ad e to t he d raft H ou s in g E lem en t as su m m ari zed in At tac hm ent D. Th e revised d raft H ousin g E lem ent sh ow in g tracked ch ang es w ith strikeou t/u nd erlin e is p rovid ed in Attachm ent F.

K ey I ssues

H C D C om m ents an d P rop osed Resp onses

I n this 6th H ou si n g E lem ent Up d ate c ycl e, all cities are receivin g far m ore extensive com m en ts from H C D th an w as typ ical i n p reviou s H ou si n g E l em en t Up d ate cyc les . T he S tate L eg islatu re h as d ec lared th at a “h ou si n g crisis” exists in C ali forn ia and m an y n ew law s have b een ad op t ed in recen t years im p osin g m ore s trin g en t req u i rem en t s on local l and u se p lan s and reg u lat ion s w it h t he in ten t of st im u l ati n g hou sing p rod ucti on. T h e com m en ts i n H C D ’s letter are very sim ilar to those received b y other cities throug hou t the S C A G reg ion . At the

tim e t h i s rep ort was p rep ared , onl y 9 of t h e 25 ju ris d i ct ion s in S an B ern ard in o C oun ty have received H C D certification .

S tate l aw req u ires ci ti es to con sid er H C D ’s com m en ts in t h e p rep arati on and ad op tion of H ousin g E lem en t u p d ates . A s d iscu ssed i n p reviou s m eeti ng s, w h en H C D i ssues an op inion th at a H ou si n g E lem ent sub st ant ially com p l ies w ith S t ate law, c it ies ’ elig ib ilit y for g ran t fu nd s is en h an ced and a l eg al “p resu m p ti on of valid ity” i s conveyed on th e H ous in g E lem en t, wh ich help s to sup p ort local lan d u se control.

M an y of H C D ’s com m en ts on ly req u ire t ech n i cal or clerical revisions, su ch as ad d itional d ata and i n form at ion . O th er c om m en t s raise su b stan tive issu es su ch as t he C it y’s d evelop m en t stand ard s, b u t d o n ot exp l icit ly st ate th at th ose req u irem en ts m u s t b e revised ; therefore, ad d ition al an al ysi s h as b een p rovid ed . S om e com m en ts s tat e th at cu rren t p ol icies or reg ulations are a constrain t on h ousin g an d m u st b e revis ed . T hese m ore sub stantive com m en ts in clud e th e follow in g :

D efin ition of a “Fam ily”. M ost ci ti es in cl u d e a d efin ition of “fam i ly” in t h ei r zon in g reg u lation s to d i st in g u is h b etween res id en t ial uses an d com m ercial or in st it u t ion al facil it ies su ch as b oard ing hou ses or h otels. H C D stated “T he cu rren t d efinition is a con straint, an d t he elem en t m u st inclu d e a p rog ram to revi se th e d efinition to rem ove t h e charact erist ic of h avi n g to “ch osen to jointly occu p y the en tire p rem ises of the d w ellin g u nit, u nd er a sin g le w ritten lease”. R eq ui ri ng a sin g le w ritt en l ease can b e a con straint to s h ared hou sing and oth er typ es of livin g arran g em ents for p erson s with d isab ilities.”

I n resp onse t o th is H C D c om m en t , P rog ram 18 h as b een revi sed t o in clud e a com m i tm en t to review t h e c u rren t d efin it ion of “fam i ly” an d p roc ess a zon in g cod e am end m en t as necessary to en su re con form anc e with fair h ou s in g law. T his area of law is h ig hly tec h n ic al and is su b ject to d ifferin g i nt erp ret ati ons an d court d ecisions. N o ch an g es to t he M un ic ip al C od e are p rop osed at t h i s t im e. S u b s eq u ent to ad op t ion of th e H ou si n g E lem en t , st aff w ill p rep are a d raft zoning cod e am en d m en t ad d ressin g t his i ssue i n c on s u l tat ion with th e C i ty At torn ey for future review b y the P lan ning C om m ission and C ity C oun cil.

H ousin g for p erson s w ith d isab ilities. L oc al reg u lat ion of certai n t yp es of g roup hom es an d care facilit ies i s rel ated to th e d efin it ion of “fam i ly” d iscu ssed ab ove. H C D st ates “Th e elem en t exclud es g roup h om es for seven or m ore p ersons from som e resid ent ial zones an d sub jects th e u se to a cond ition al use p erm it, u nlike oth er sim ilar u ses. T he elem ent shou ld sp ecifically analyze th ese constrain ts for im p acts on hou sing s up p l y and c hoi ces and ap p roval certain ty and ob jectivity for h ousin g for p erson s wi th d i sab il it ies an d in cl u d e p rog ram s as ap p rop riate.

Th e elem en t m u st inclu d e a p rog ram t o review an d revis e p roc ed u ral req u irem en ts t o p erm it g roup h om es for seven or m ore p erson s in all zon es all ow in g resi d en ti al u s es b ased on ob jective criteria to facilitate ap p roval certain ty b y a sp ecified d ate.”

For m any years S t ate law h as req uired ci ti es to al low sm all li cen sed resid en tial c are facilities for u p to 6 res id en t s s u b ject on l y to t he sam e stan d ard s and p roced ures as ap p ly to oth er resid ential uses of th e sam e typ e in t he s am e zon e; however, th ere is cu rrent ly n o such req uirem ent in S t ate law for l arg er g rou p hom es for m ore th an 6 p ersons. I n th is p lann in g cycle, H C D exp ressed th e op in ion th at larg e g rou p hom es m u st b e allow ed wi th out a con d itional u se p erm it in an y zone w here resi d en ti al u s es are all ow ed . P rog ram 1 8 h as b een revised t o in clud e a c om m it m en t to review an d am en d reg u lat ion s for l arg e (7+) resid en tial care fac il it ies to en su re t h at th ey d o n ot p ose an un reasonab le constrain t to su ch facilities con sistent w ith S tate law. N o ch ang es t o th e M u n i ci p al C od e are p rop osed at t h i s tim e.

S u b seq u ent to ad op t ion of th e H ou si n g E lem ent, staff w ill p rep are a d raft zon in g cod e am en d m ent ad d res si n g t hi s issu e in c on s u l tat ion wi th t he C ity Attorn ey for fut ure review b y th e P lann in g C om m ission an d C ity C ou ncil.

A D U s. I n t he p ast few years, t he S tat e L eg i sl atu re h as m ad e exten sive ch ang es t o law s lim iting local reg u lat ion of accessory d w ell in g u nits. H C D s tat es “p rog ram s sh ou l d com m it to

ad d ition al incentives and strateg ies, freq u ent m on itoring (every other year) an d sp ecific com m itm ent to ad op t al tern at ive m easures su ch as rezoning or am en d i ng th e el em en t w ithin a sp ecific ti m e (e.g ., 6 m on th s) if A D U as su m p ti on s for th e n u m b er of un it s an d afford ab ility are n ot m et.”

I n resp onse t o th is com m ent , P rog ram 8 has b een revised to in cl u d e ann ual m oni torin g an d if p erm its fal l short of p roject ion s, the C i ty will i m p lem en t ad d it ion al incentives an d strateg ies to furth er encourag e A D U c on s tru c ti on . N o ch ang es to th e C ity’s A D U reg ul ati ons are p rop osed at th is tim e. S taff is cu rrently w orking on the d evelop m ent of an A D U workb ook (O nlin e an d hard cop y) w hi ch is a m an ual to g uid e h om eown ers from in it ial in terest to c on s tru c ti on , as w ell as in form ati on on b ei n g a lan d l ord . Th e A D U w orkb ook also in clud es an onlin e calcu lator to g uid e h om eown ers th rou g h th e p rocess an d cost of b u ild ing an A D U.

E m erg en cy shelters, tran sitional hou sing , su p p ortive h ousin g . I n recen t years several new laws h ave b een ad op ted reg ard i n g loc al reg u lat ion of “s p ec ial need s h ousin g .” P rog ram 1 6 h as b een revised to ad d ress t hese n ew req uirem ents to en s u re c on s is ten cy with S tat e l aw s. N o ch ang es to t he M un icip al C od e are p rop osed at th is t im e. S u b s eq u ent to ad op ti on of the H ousin g E lem en t, s taff w ill p rep are a d raft zon i n g cod e am end m en t ad d ress in g th is is su e in con su ltation w it h th e C ity A tt orn ey for fut ure review b y t he P l an n in g C om m ission an d C ity C ou ncil.

L ocal P roc ess in g an d Perm it ti ng P roced ures. Th e d evel op m ent review p roc ess can have a m ajor effect on h ou s in g p rod u ction . H C D s tat es “S p ecifically, b ased on th e p erm i tt ed u ses in zon es al low i n g resi d en ti al u s es in T ab l e H -1 2, it ap p ears th at m u lt ifam ily h ousin g is n ot allow ed as a p erm itt ed u se w it h ou t an ad m in istrative u s e p erm it (A U P ) or con d itional u se p erm it (C U P ) an ywh ere in th e C it y. … t he elem en t m u st an alyze t h e A U P p rocess an d the req uirem ent t hat al l p rojects l arg er th an 1 5 un it s ap p ly for a C U P , wh ich req uires a p ub lic hearin g as a c on s train t on hou sing su p p ly and afford ab i li ty. Th e an al ysi s sh oul d id entify fin d ing s of ap p roval for t he u se p erm its an d their p oten ti al i m p act on d evel op m en t ap p roval certainty, t im in g , an d cos t. T he C i ty shou ld ad d a p rog ram to revis e th is p roc ess to rem ove or m itig ate.”

I n resp ons e to th is com m en t, P rog ram 7 has b een revised to i nclu d e a zon in g cod e am en d m ent to elim in ate the u se p erm it req uirem ent for m ulti-fam ily resid en tial d evelop m en t.

N o chan g es to the M u nicip al C od e are p rop osed at th is tim e. S ub seq uen t to ad op tion of the H ousin g E lem en t staff will p rep are a d raft zon i n g cod e am en d m en t ad d res si n g th is is su e in con su ltation w it h th e C ity A tt orn ey for fut ure review b y t he P l an n in g C om m ission an d C ity C ou ncil.

Parking stand ard s. H C D stat es “Th e an alysis shou ld sp ecifically ad d ress p arkin g req uirem ents for m u lt ifam il y d evelop m en t, p art icularly s m al ler b ed room t yp es for im p acts on c ost , su p p ly, hou sing ch oice an d afford ab ilit y an d inclu d e p rog ram s t o ad d ress id ent ified c on s train ts . F or exam p le, th e C i ty shou ld an alyze w het her it i s a constrain t to req u ire a t w o-car g arag e p er un it for m u l ti fam i ly p rojects (s tu d i o, one-, an d two-b ed room u n it s), inclu d ing i n fi ll p rojects and ad d a p rog ram as ap p rop riate.”

I n resp onse t o t his com m en t, th e el em en t w as revi sed t o i n c lu d e ad d it ion al an al ysi s of p arkin g req uirem ents for m u lt i-fam il y h ous in g an d P rog ram 7 w as revis ed to inclu d e elim ination of th e g arag e req uirem ent for m ul ti -fam i ly h ou si n g . N o chan g es t o t h e M un icip al C od e are p rop os ed at th is ti m e. S u b seq u en t t o ad op ti on of t he H ou sing E lem ent staff w ill p rep are a d raft zoni ng cod e am en d m en t ad d ressin g t his issue i n c on s u l tat ion w it h t h e C ity Attorn ey for fu tu re review b y th e P lann in g C om m ission an d C ity C ou ncil.

A d eq u ate sites to accom m od ate th e R H N A . O ne of the m ajor req u irem en ts of S tate law is th at th e H ou si ng E lem ent m us t d em on strate t hat lan d us e p lans an d zoning reg u lat ion s p rovid e ad eq uate op p ortu ni ti es for h ou s in g d evelop m en t com m en su rat e w ith th e R H N A al loc ati on. A s d iscussed in p revi ou s m eeti n g s, th e C it y’s p otential for ad d it ion al hou si ng d evelop m en t b ased

on cu rrent zoni ng i s n ot su fficien t to fu lly accom m od ate th e R H N A allocation of 5 ,68 6 d w ellin g un its; t herefore, rezon in g an d u p -zon i n g is req u ired . H C D rai sed a n u m b er of q u estion s reg ard in g th e realistic cap acity of th e C ity’s in ventory of p oten tial sites to accom m od ate hou sing d evelop m en t. T h e H ou si n g E lem en t h as b een revi sed to p rovid e ad d itional analysis of th e s it es inven tory, and P rog ram 5 h as b een revised t o ad d res s the sp eci fic req uirem ent s of S tate law th at ap p ly w hen rezoning is need ed to ad d ress a R H N A shortfall. A p p end ix B, Tab les B 7 an d B 8 l is t th e p arcels to b e con si d ered for u p zoning (i.e., in creasi ng t h e allowab le resid ential d ensit y) or rezon in g (i.e., am en d ing reg u lation s to all ow resi d en ti al or m i xed -u se in zon es w here resid en tial is n ot cu rrently allow ed ). Th ose zon in g am en d m ents are not u nd er con sid eration at th is ti m e and w ill b e p roces sed su b s eq u en t to ad op tion of t h e H ousin g E lem ent U p d ate w it h ad d i ti onal p u b li c h earing s h el d b y t he P l an n in g C om m ission an d C ity C ou ncil.

N ext S teps

I f ad op ted b y the C ity C ou ncil, the H ousin g E lem ent U p d ate m u st b e sub m itted to H C D for ad d ition al review and cert ificat ion . Foll ow in g th e ad op t ion of t h e H ou s in g E lem ent U p d ate, p u b lic hearin g s m u st also b e h el d b y t h e P lann in g C om m issi on an d C ity C oun cil t o consid er ap p roval of th e sp ecific zon in g c od e am en d m en ts d es crib ed ab ove an d in th e p rog ram s d escrib ed in S ection 5 of the H ou sing E lem ent.

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

S taff h as d eterm i n ed t h at t he H ousin g E lem ent u p d ate i s exem p t from review un d er the C alifornia E n vironm ent al Q u al it y A ct ("C E Q A ") (C ali forn ia P ub lic Resou rces C od e S ection 21 00 0, et seq .), p ursu ant to S tat e C E Q A G u id eli nes §1 50 61 (b )(3 ) (1 4 C al. C od e Reg s. § 15 06 1(b )(3)), th e com m on sen se exem p ti on coverin g act ivi ti es w it h n o p os si b i li ty of h avin g a sig n ifican t effect on the environ m en t b ecause the H ousin g E lem ent wou ld n ot ap p rove any d evelop m ent p rojec t or oth er p hys ic al chan g e t o th e environ m en t. T he P roject is furth er exem p t p u rsuan t to 14 C al. C od e. Reg s S ect ion 1 51 62 (a) of th e C E Q A G u i d el in es. F u rt h er, to th e ext ent t he Reg i on al H ousin g N eed s d eterm i nat ion s are m ad e, th e P rojec t is furth er exem p t from th e C E Q A G u id eli n es 14 C al . C od e. Reg s S ect ion 15 28 3, w h i ch p rovid es, “C E Q A d oes n ot ap p ly to reg ional h ou s in g n eed s d eterm i nat ion s m ad e b y th e D ep art m en t of H ousin g and C om m un it y D evel op m en t , a coun cil of g overnm ents, or a c it y or cou nt y p u rsu an t to S ection 6 55 84 of th e G overn m en t C od e.

P U B L I C C O M M E N T S

A su m m ary of t h e H ou s in g E lem en t p u b lic p art ic ip ati on p roces s is in clud ed in S ect ion 1 .C of th e H ousin g E lem en t an d com m ent letters received to d ate are p rovid ed in A p p en d ix D.

At th e O ct ob er 5, 20 22 , P l ann in g C om m ission h earin g , on e sp eaker com m en ted on p oten tial environ m en tal im p acts and C E Q A com p l ian ce for th e H ou s in g E l em en t. S taff h as review ed C E Q A req u irem en ts for th e H ousin g E lem ent up d ate an d h as con cl ud ed that a “com m on sen se exem p t ion ” is ap p rop ri ate b ecause no d evelop m en t p rojec t or p hysical c han g e t o the environ m en t wou ld b e ap p roved b y ap p roval of t he H ousin g E l em en t. Th e H ou sing E lem en t p rop oses fu tu re zoning cod e am en d m ent s t o lan d u se reg u lat ion s, w h ic h w ou ld facilitate future hou sing d evelop m ent as req u ired b y S tate law. P rior to ap p roval of any sp ecific d evelop m ent p roject, ap p rop riate C E Q A an alysis and fin d ing s will b e req u ired at th at tim e.

S tate law p rovid es t hat som e h ous in g d evelop m en t p roject s are fu ll y exem p ted from C E Q A analysis. I t i s also im p ortan t t o n ote t h at m any i f n ot m ost p ot ent ial en vi ron m en tal im p acts from d evelop m en t are now rout in ely ad d ressed throug h S tate an d Fed eral laws, local b uild in g cod es an d oth er reg u l ati on s out si d e of th e C E Q A review p roc ess . S u ch l aw s an d reg u lation s req uire an alys is an d m itig at ion of p oten ti al im p ac ts t o air q u al it y, g reen hou se g ases, b iolog ical and cu lt u ral res ou rces , wat er q u ali ty, noise, safety h azard s in cl u d in g flood zones, g eolog ical

con d itions, t oxic m at erials, an d wi ld lan d fires, et c. A C E Q A exem p t ion for th e H ousin g E lem ent w ou ld h ave n o effect on t he req u irem en t for fu tu re h ous in g d evelop m en t p rojects to com p ly w ith all ap p licab le environ m en tal reg ulations.

Th e D raft H ou sing E l em en t U p d ate is a p oli cy d ocu m en t th at cont ain s S tate-m an d ated req uirem ents reg ard ing p ol ic ies an d p rog ram s to faci li tat e the p rovi si on of h ousin g op p ortun ities for a rang e of h ousin g choices for i ts resid en ts, in clud in g h ous ehol d s of all in com e levels an d p erson s with sp ecial n eed s i n U p land . I t al so contain s a s eri es of action s th at will req uire eith er rezon in g or up -zon in g of p rop erty and several zoning cod e am en d m ents to ad d ress H C D ’s com m ents. T h es e actions are n ot b efore th e C i ty C ou ncil w it h ad op t ion of th e H ousin g E lem en t U p d ate at th is ti m e an d w i ll b e p roc ess ed s u b seq u en tl y with ad d ition al p u b lic h earing s hel d b y the P l ann in g C om m i ss ion and C it y C ou n ci l. C E Q A w ill b e ad d res sed at th e ti m e w hen t hese actions are up for consid eration . For al l of t hes e reason s st aff b elieves ad op tion of the H ou sing E lem ent is exem p t from d etailed C E Q A analysis.

F I S C A L I M P A C T S
Th e H ou sing E lem en t Up d ate inclu d es im p lem entation p rog ram s req u irin g staff tim e an d outsid e consultan t assistance. Th is p roject is fun d ed b y t he S B 2 G ran t an d t h e L E A P G ran t and has alread y b een b u d g eted in F un d 2 17 . N o ad d i ti on al ap p rop riation s are n ec ess ary at th is tim 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
Attachment A: City Council Resolution for G PA No. 22-0001 Exhibit A to City Council Resolution
Attachment B: HC D Letter of November 22, 2021
Attachment C: HC D Letter of M ay 23, 2022
Attachment D: Summary of HC D Comments and P roposed Responses Attachment E : Copy of P lanning Commission Resolution
Attachment F: Revised Draft 2021-2029 Housing E lement Update (Tracked Changes)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT NO. GPA-22-0001 FOR THE 2021-2029
HOUSING ELEMENT UPDATE.

WHEREAS, local governments are authorized by Government Code section 65350 et seq. to prepare, adopt and amend general plans; and

WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elements on a regular basis; and

WHEREAS, a comprehensive update to the Housing Element of the Upland General Plan for the 2021-2029 planning period has been initiated and prepared by the City of Upland; and

WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution; and

WHEREAS, pursuant to State Law, the draft 2021-2029 Housing Element was submitted to the California Department of Housing and Community Development (“HCD”) for review in September 2021; and

WHEREAS, on November 22, 2021 HCD issued a letter finding that the draft 2021-2029 Housing Element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law; and

WHEREAS, a revised draft 2021-2029 Housing Element addressing HCD’s November 22, 2021 comments was prepared and submitted to HCD for review in March 2022; and

WHEREAS, on May 23, 2022 HCD issued a letter finding that the revised draft 2021-2029 Housing Element addressed some statutory requirements; however, additional revisions will be necessary to fully comply with State Housing Element Law; and

WHEREAS, additional revisions to the draft 2021-2029 Housing Element have been made to address the issues raised in HCD’s review letters, as summarized in the Planning Commission and City Council staff reports; and

WHEREAS, this General Plan amendment is exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. The Project is further exempt pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines. Further, to the extent the Regional Housing Needs determinations are made, the Project is further exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15283, which provides, “CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community

Resolution No.

Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code.”; and

WHEREAS, the City of Upland conducted public meetings on February 25, 2021, June 22, 2021, September 23, 2021, March 23, 2022, October 5, 2022, and October 24, 2022 to discuss the 2021-2029 Housing Element Update and all interested persons were invited to offer testimony concerning the Housing Element; and

WHEREAS, the City of Upland City Clerk on October 10, 2022 posted a true and correct copy of the legal notice of the October 24, 2022 City Council public hearing on the City’s website in accordance with the Upland Municipal Code; and

WHEREAS, the City of Upland City Clerk on October 14, 2022, published a 1/8-page Display Ad of the legal notice of the October 24, 2022 City Council public hearing in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with Chapter 17.46 of the Upland Municipal Code and state law; and

WHEREAS, Upland Municipal Code Section 17.49.050 requires that the City Council take action on General Plan Amendments, and UMC Section 17.49.060 requires that the Planning Commission make a recommendation to the City Council on such amendments; and

WHEREAS, the City of Upland Planning Commission conducted a duly noticed public hearing on October 5, 2022, at which time it received public testimony concerning the Housing Element Update, and at the conclusion of the public hearing the Planning Commission adopted a resolution recommending City Council approval of General Plan Amendment No. GPA No. 22-0001 for the 2021-2029 Housing Element update; and

WHEREAS, the Upland City Council conducted a duly noticed public hearing on October 24, 2022, at which time it received public testimony concerning the Project, and considered CEQA compliance for the proposed Housing Element amendment.

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

Section 1. Findings. Pursuant to Upland Municipal Code Section 17.49.060 the City Council hereby makes the following findings and determinations in connection with the approval of General Plan Amendment No. 22-0001:

A. Finding: The proposed General Plan Amendment is in the public interest.

Evidence: The 2021-2029 Housing Element amendment is in the public interest because the Housing Element includes policies and programs to facilitate the provision of housing opportunities for all economic segments of the community, including persons with special needs.

Resolution No.

B. Finding: The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.

Evidence: The 2021-2029 Housing Element amendment identifies land use policies to accommodate the City’s assigned share of regional housing needs as required by State law and includes programs to ensure consistency between the Land Use Element and the Housing Element.

C. Finding: The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.

Evidence: The 2021-2029 Housing Element amendment furthers the public health, safety and welfare by facilitating the production of housing to address the needs of all Upland residents, including those of all ages, incomes, household sizes and persons with disabilities.

D. Finding: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.

Evidence: The 2021-2029 Housing Element amendment has been processed in accordance with the applicable provisions of the California Government Code, including Government Code §65352.3 which regulates tribal consultation requirements for General Plan Amendments and Government Code §65358 which regulates amendments to General Plans. The project is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Guidelines §15061(b)(3), §15162(a) and §15283 because the Housing Element would not approve any development project or other physical change to the environment.

Section 2. Compliance with California Environmental Quality Act. The General Plan amendment is exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. The Project is further exempt pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines. Further, to the extent the Regional Housing Needs determinations are made, the Project is further exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15283, which provides, “CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code.”

Section 3. Determination. The City Council adopts General Plan Amendment No. 22-0001, a comprehensive update to the Upland Housing Element for the 2021- 2029 planning period as shown in Exhibit A, attached hereto and incorporated herein

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by reference. In adopting the Housing Element amendment the City Council has considered the comments of HCD and determines that the Housing Element has been revised to address each HCD comment and substantially complies with the requirements of State law. Pursuant to Government Code Section 65583.2(g) the City Council finds and determines that the Housing Element’s analysis of underutilized sites identified to accommodate the City’s assigned share of lower-income regional housing needs is based upon substantial evidence that the existing uses do not constitute an impediment to additional residential development during the planning period.

Section 4. The City Manager is directed to transmit the adopted Housing Element to HCD in conformance with Government Code Section 65585(g). The City Manager is further directed to make any technical or clerical revisions to the Housing Element that may be necessary to address the concerns of HCD and obtain a finding of substantial compliance.

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

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

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

PASSED, APPROVED and ADOPTED this 24th day of October, 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 24th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Resolution No.

Exhibit A

Upland 2021-2029 Housing Element

Revised Draft | October 2022

Revised Draft | October 2022
City of Upland General Plan | Housing Element Page H-i
H
Contents

1. Introduction ..................................................................................................................................... H-1 A. Background ............................................................................................................................. H-1 B. Related Plans .......................................................................................................................... H-1 C. Public Outreach ..................................................................................................................... H-2

2. Housing Needs ..............................................................................................................................H-11 A. Demographic Trends ..........................................................................................................H-11 B. Housing Characteristics ......................................................................................................H-14 C. Special Housing Needs .......................................................................................................H-22 D. Affordable Housing at Risk of Conversion ....................................................................H-29 E. 2021-2029 Housing Needs .................................................................................................H-30

3. Constraints Analysis .....................................................................................................................H-32 A. Market Constraints ..............................................................................................................H-32 B. Land Use Controls ..............................................................................................................H-33 C. Permitting Process ...............................................................................................................H-48 D. Environmental and Infrastructure Constraints ..............................................................H-52

4. Housing Resources .......................................................................................................................H-55 A. Land to Accommodate New Housing Needs ................................................................H-55 B. Financial and Administrative Resources ..........................................................................H-55

5. Housing Plan .................................................................................................................................H-58 A. Goals and Policies ...............................................................................................................H-58 B. Housing Programs ...............................................................................................................H-60

Tables
Table H-1 Public Comment Summary .......................................................................................... H-4 Table H-2 Affordable Housing Costs – San Bernardino County ...........................................H-18 Table H-3 Overpayment by Income Category – Upland .........................................................H-21 Table H-4 Extremely-Low-Income Housing Needs – Upland ...............................................H-22 Table H-5 Elderly Households by Income and Tenure – Upland .........................................H-22 Table H-6 Disabilities by Employment Status – Upland .........................................................H-25 Table H-7 Developmental Disabilities – Upland ......................................................................H-25 Table H-8 Publicly Assisted Lower Income Rental Units in Upland ....................................H-29 Table H-9 Upland Regional Housing Needs Allocation, 2021–2029 ....................................H-31 Table H-10 Development Fees, City of Upland ..........................................................................H-33 Table H-11 Land Use Designations Allowing Housing .............................................................H-34 Table H-12 Specific Plans Allowing Housing ..............................................................................H-34 Table H-13 Permitted Uses in Zones Allowing Residential Uses ............................................H-35 Table H-14 Permitted Uses in Mixed Use Zones ........................................................................H-37 Table H-15 Residential Development Standards .........................................................................H-43 Table H-16 Residential Parking Standards ...................................................................................H-44 Table H-17 Multiple-Family Parking Standards ...........................................................................H-45 Table H-18 Permit Process and Time Frame for Housing Projects ........................................H-49 Table H-19 Housing Element Quantified Objectives ................................................................H-72

Revised Draft | October 2022
City of Upland General Plan | Housing Element Page H-ii Figures
Figure H-1 Population Growth 2000-2020 – Upland vs. SCAG Region ...............................H-11 Figure H-2 Population by Age and Gender – Upland ...............................................................H-12 Figure H-3 Household Size by Tenure - Upland ........................................................................H-12 Figure H-4 Employment by Industry - Upland ..........................................................................H-13 Figure H-5 Employment by Occupation - Upland ....................................................................H-13 Figure H-6 Housing Units by Type – Upland vs. SCAG Region ............................................H-14 Figure H-7 Housing Tenure – Upland vs. SCAG Region .........................................................H-15 Figure H-8 Housing Tenure by Age – Upland ............................................................................H-15 Figure H-9 Vacant Units by Type – Upland vs. SCAG Region ...............................................H-16 Figure H-10 Age of Housing Stock – Upland vs. SCAG Region ..............................................H-17 Figure H-11 Median Sale Price for Existing Homes – Upland vs. SCAG Region ..................H-18 Figure H-12 Monthly Owner Cost for Mortgage Holders – Upland vs. SCAG Region .......H-19 Figure H-13 Percentage of Income Spent on Rent – Upland ....................................................H-19 Figure H-14 Rental Cost by Income Category – Upland ............................................................H-20 Figure H-15 Overcrowding by Tenure – Upland vs. SCAG Region .........................................H-20 Figure H-16 Disabilities by Type – Upland ...................................................................................H-24 Figure H-17 Disabilities by Type for Seniors 65+ – Upland ......................................................H-24 Figure H-18 Female Headed Households – Upland ....................................................................H-26 Figure H-19 Female Headed Households by Poverty Status – Upland ....................................H-27 Figure H-20 Agricultural Employment – Upland .........................................................................H-27 Figure H-21 Very High Fire Hazard Severity Zone - Upland ....................................................H-54

Appendices
Appendix A Evaluation of the Prior Housing Element
Appendix B Sites Inventory
Appendix C Fair Housing Assessment
Appendix D Public Comments

Revised Draft | October 2022
City of Upland General Plan | Housing Element Page H-1

1. INTRODUCTION
A. Background
The State of California recognizes that an adequate supply of affordable housing for all income levels is a fundamental need for all communities. To achieve that goal, it is critical that all local governments share in the responsibility of implementing solutions to address local and regional housing needs. To that end, all California local governments are required to prepare a Housing Element that specifies how the community will plan for its housing needs.

The detailed statutory requirements for Housing Elements are codified in the California Government Code (§§65580–65589). The Housing Element must contain an identification and analysis of its existing and projected housing needs; an analysis of governmental and nongovernmental constraints to meeting those needs; and goals, policies, programs and objectives to further the development, improvement, and preservation of housing.

This Housing Element includes the following six sections:
• Chapter 1, Introduction provides an introduction to the statutory authority and requirements for the Housing Element, related planning efforts, and a description of the public outreach process. • Chapter 2, Community Profile provides an analysis of demographic and housing characteristics; current and future housing needs; and analysis of fair housing issues. • Chapter 3, Constraints Analysis provides an analysis of the governmental and nongovernmental constraints that affect the development, maintenance, and improvement of housing for all income groups. • Chapter 4, Housing Resources provides an analysis of the available land for housing, as well as the financial resources and administrative capacity to manage housing programs. • Chapter 5, Program Evaluation provides a review of the City’s accomplishments relative to the programs and objectives established in the prior Housing Element.
• Chapter 6, Housing Plan establishes goals, policies, and implementation programs to address the development, improvement, and conservation of housing to address housing needs in Upland for the next 8 years.

B. Related Plans
This Housing Element is related to several other local planning efforts, some of which are mandated by the State of California or the federal government. The most important of these related plans and programs are summarized below.
• General Plan Consistency. The Housing Element is a component of the City’s General Plan and must be consistent with other General Plan elements. The sites identified in this Housing Element for future housing development are correlated with the Land Use Plan shown in the Land Use Element. The City will maintain consistency between General Plan elements by ensuring that any proposed changes in this Housing Element that would result in an inconsistency with another element will be reconciled through amendments to other elements. As an example, a Housing Element program calling for changes to land

Revised Draft | October 2022
City of Upland General Plan | Housing Element Page H-2
use designations to create additional capacity for future housing development would be implemented through amendments to the Land Use Element.
• Water and Sewer Services. The Water Division of the Public Works Department, San Antonio Water Company, West End Consolidated Water Company, and Water District of Southern California provide water to Upland residents. The Inland Empire Utilities Agency (IEUA) and the City provide wastewater services in Upland. In accordance with State law, the City provides a copy of its Housing Element to each water and wastewater service agency. These agencies are required to establish a priority system for water and sewer services to housing projects serving lower-income households in accordance with Section 65589.7 of the Government Code.
• City of Upland Consolidated Plan. The City of Upland is an entitlement jurisdiction and receives housing and community development funds directly from the federal government. Upland’s Consolidated Plan was last revised for the 2021–2024 period. The housing, community development, and economic needs identified in the Consolidated Plan have been evaluated as part of the 2021 Housing Element update process to ensure that these efforts work together to address the community’s needs. The Housing Element also reflects the public housing agency plan prepared by the Upland Housing Authority.

C. Public Outreach
The Housing Element Update process provided numerous opportunities for Upland residents and other stakeholders to be involved in shaping the City’s housing policies and programs. From the outset, diligent efforts were made to involve all economic segments of the community and persons with special needs in the development of the housing element. A list of community stakeholders was compiled based upon City knowledge and previous projects including the Upland Consolidated Plan, and direct mail notice was sent to all parties inviting them to participate. As an entitlement city, Upland also conducts an extensive public outreach process every four years as part of the Consolidated Plan process.

The following is a summary of the outreach activities that were held over the course of the Housing Element update. Table H-1 below provides a summary of public comments received during preparation of the Housing Element and how those comments are addressed in the Housing Element. Written correspondence received during the course of the Housing Element update is provided in Appendix D. Copies of HCD’s review letters and summaries of the City’s revisions to the Housing Element in response to HCD comments are also available as part of the Planning Commission and City Council meeting materials posted on the City’s Housing Element website ( https://www.uplandca.gov/2021-2029-housing-element-update) . • Housing Element Interest List. At the beginning of the Housing Element update process the City compiled a list of agencies, organizations and other stakeholders with expertise in housing issues, particularly those that provide or advocate for lower-income households and persons with special needs.

The City distributed notices of public meetings to these parties by direct mail or email prior to each meeting. • Housing Element Website. At the beginning of the update process a web page was created on the City’s website where background information, meeting notices, draft documents, and other relevant materials regarding the Housing Element update were posted. The website was updated throughout the course of the project.

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• Frequently Asked Questions. The City prepared an FAQ containing background information regarding Housing Element requirements, including the RHNA process and assessment of housing needs, which was posted on the Housing Element web page.
• Public Workshops. The City held two public workshops with the City Council and Planning Commission in February and June 2021 prior to the preparation of the draft Housing Element to provide decision- makers and interested stakeholders with background information on Housing Element requirements and to solicit comments regarding housing needs and policy options. Public comments were considered in the preparation of the draft Housing Element, which was posted for public review on September 16, 2021. • Joint Study Session. After preparing the draft Housing Element and prior to submitting the draft to the Department of Housing and Community Development (HCD), a joint study session was held on September 23, 2021 with the Planning Commission and City Council to review the draft Housing Element and its goals, policies, and implementation programs. Stakeholders on the Housing Element interest list were invited to attend and offer comments on the draft Housing Element. The draft Housing Element was then revised to incorporate comments received at this meeting.

Comments on the draft Housing Element focused on housing affordability and the challenges faced by local governments in addressing those needs. Specific comments included the following:
✓ The elimination of the redevelopment agency has diminished the City’s ability to address housing problems
✓ ADUs provide opportunities for affordable housing but also bring challenges such as adequate parking ✓ More housing also increases the City’s cost of providing adequate services such as infrastructure and public safety
• HCD Review. The draft Housing Element was submitted to HCD for review on September 24, 2021. On November 22, 2021 HCD issued a letter finding that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. • Planning Commission Review. After receiving HCD’s November 22, 2021 review, a revised draft Housing Element was prepared addressing HCD’s comments. The revised draft Housing Element was posted for public review on March 16, 2022 and a public meeting was held by the Planning Commission on March 23, 2022 to review HCD comments, other public comments and the revised draft Housing Element. An agenda and invitation to attend the meeting was sent to all parties on the Housing Element interest list. Comments offered at the meeting included whether changes to parking requirements would result in adequate parking for new housing developments. A letter dated February 28, 2022 was also submitted by YIMBY Law (see Appendix D).
• HCD Review #2. Following the March 23, 2022 Planning Commission meeting the revised draft Housing Element was submitted to HCD for review on March 24, 2022. On May 23, 2022 HCD issued a letter finding that the draft element addresses some statutory requirements described in HCD’s November 22, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law. • Planning Commission Public Hearing. After receiving HCD’s May 23, 2022 comments a revised draft Housing Element was prepared addressing HCD’s comments. The revised draft Housing Element was posted for public review on September 29, 2022 and on October 5, 2022 the Planning Commission conducted a public hearing to review the revised draft Housing Element. At the conclusion of the hearing

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the Planning Commission adopted a recommendation for City Council approval of the Housing Element.

In addition to the formal public hearing notice, direct notice of the hearing was provided to all parties on the Housing Element stakeholder list.
• City Council Public Hearing. TBD
Chapter 5, the Housing Plan, describes the City’s goals, policies and specific program actions over the next 8 years to address issues raised during the public outreach process (see also Table H-1).

Table H-1 Public Comment Summary
Comment Response
There is a limited amount of vacant land remaining for
housing development in Upland. The RHNA goals assigned
to the city are far higher than in the past. How can the city achieve these goals?
The availability of vacant land suitable for housing
development is a significant problem in most cities in
Southern California, particularly those that are near major employment centers. Over the past several decades, most of the vacant properties in the urban areas without major
development constraints such as steep slopes, floodplains, or wildland fire hazards have already been developed.

Therefore, a large component of new housing development is occurring through redevelopment of previously developed properties that are economically or physically underutilized.

Appendix B of the Housing Element identifies underutilized properties that are suitable for redevelopment and the
following programs encourage the redevelopment of those properties for housing or mixed use: Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6:

Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units; Program 10. Neighborhood Improvements; Program 13.

Housing Incentives.

Accessory dwelling units (ADUs) can provide additional
housing opportunities.

ADUs are an important strategy for meeting housing needs, especially for single persons and small households. The City encourages production of ADUs through a variety of methods as described in Program 8: Accessory Dwelling Units.

Past underproduction of housing has resulted in higher prices and rents that make it difficult for younger persons to live in the community. A market-based solution is needed to provide more housing.

Many factors contribute to high housing cost, and the
problem is not unique to California. While cities play an important role in housing production, there are also many factors that are beyond the City’s control, such as housing speculators and investors, State environmental regulations, private business decisions, the cost of labor and materials, federal economic policies, interest rates, etc.

The following programs are intended to facilitate housing production in Upland: Program 5: Adequate Sites to
Accommodate Regional Housing Needs; Program 6: Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units;
Program 10. Neighborhood Improvements; Program 13.

Housing Incentives.

How will the City pay for the additional cost of providing public services to new housing?
California cities face major fiscal challenges in providing public services. After the passage of Proposition 13 in 1978 and its limitation on local governments’ property tax
revenues, local governments have faced increased difficulty in providing and financing appropriate public services and

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Comment Response
facilities to serve residents. One of the main consequences of Proposition 13 has been the shift in funding of new
infrastructure from general tax revenues to development impact fees and improvement requirements on developers, which has contributed to increased housing costs.

The Housing Element addresses this issue by encouraging efficient housing development patterns and provision of infrastructure as described in Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6: Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units;
Program 9. Water Priority System; Program 10.

Neighborhood Improvements; Program 13. Housing
Incentives; and Program 17: Administrative Capacity.

Prioritize rezoning in high resource, historically exclusionary neighborhoods. Many of the highest resource neighborhoods with the best access to jobs, good schools, and other
amenities have histories of exclusion which are still reflected in their zoning. Cities should rezone to allow more housing opportunities in those neighborhoods, particularly those with low Vehicle Miles Traveled, as part of their Housing
Elements.

It is important to recognize that the residential areas of the city are nearly built-out, and State laws already facilitate more housing opportunities in existing residential areas through ADUs and SB 9 lot splits. Redevelopment in
residential areas also could lead to displacement of existing occupants. Commercial and industrial areas have the
greatest opportunity for additional housing.

The following programs are intended to facilitate housing production in all areas of Upland: Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6:

Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units; Program 10. Neighborhood Improvements; Program 13.

Housing Incentives.

Establish a strong tenant protection ordinance so that new housing benefits everyone. Development should not
permanently displace current residents. Housing replacement programs, temporary housing vouchers, right of return, and demolition controls will create stability for renters while allowing new homes to be built for new households and to accommodate the growth associated with RHNA. In your
sites inventory and rezoning programs, you should prioritize development on sites with owner-occupied housing &
commercial uses over those with existing rent-controlled apartments or other rental housing with lower income
residents.

Strong tenant protections are already provided under State and Federal law. The City helps to facilitate tenant protection through partnerships with fair housing organizations and enforcement of existing laws. The following programs
address this comment: Program 2: HOME Improvement;
Program 4. Rental Acquisition and Rehabilitation; Program 5:

Adequate Sites to Accommodate Regional Housing Needs;
Program 12: Rental Housing Assistance; Program 13.

Housing Incentives; Program 14: Mobile Home Rent
Stabilization; Program 15: Affordable Housing at Risk of Conversion to Market Rate; Program 17: Administrative
Capacity; Program 18: Housing for People with Disabilities or other Special Needs; Program 19: Affirmatively Furthering Fair Housing.

Support homeownership opportunities for historically
excluded groups. Homeownership continues to be a path to building financial security and inter-generational wealth, which has been systematically denied to many Americans.

As a society, we need to make this right by intentionally offering opportunities to communities who have been
excluded. The housing element should identify opportunities to create a variety of for-sale housing types and create programs to facilitate property ownership among excluded groups.

The City helps to facilitate homeownership for all segments of the community through the following programs: Program 2:

HOME Improvement; Program 3: Emergency Repairs for
Homeowners; Program 5: Adequate Sites to Accommodate
Regional Housing Needs; Program 11. Homeownership
Assistance; Program 13. Housing Incentives; Program 17:

Administrative Capacity; Program 19: Affirmatively Furthering Fair Housing.

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Comment Response
Adequately plan for density. Ensure that a site’s density will accommodate the number of homes that are projected to be built. In addition, make sure height limits, setback
requirements, FAR, and other controls allow for adequate density and the ability to achieve a site’s realistic capacity.

Housing will not be feasible if you have a high density paired with low height limits. This density should be emphasized around jobs and transit and should go beyond the Mullin density in those areas.

The following programs are intended to facilitate housing production at appropriate densities in Upland: Program 5:

Adequate Sites to Accommodate Regional Housing Needs;
Program 6: Specific Plans; Program 7: Reduce Potential
Constraints to Housing Development; Program 13. Housing Incentives.

Provide sufficient zoned capacity to accommodate all income levels, including a minimum No Net Loss buffer of 30%. Not every site will be developed at maximum density during the eight-year planning period. Identify an ample amount of opportunity sites and zone the sites to accommodate lower- income housing types (usually a statutory minimum of 30 dwelling units per acre) to give the city the best chance at meeting its RHNA.

The Housing Plan identifies sites and zoning strategies to accommodate all income levels as assigned through the
RHNA. State law (Government Code 65583.2(h)) requires
zoning to accommodate 100% (not 130%) of the RHNA
allocation for lower-income households.

The following programs are intended to facilitate housing production at appropriate densities in Upland: Program 5:

Adequate Sites to Accommodate Regional Housing Needs;
Program 6: Specific Plans; Program 7: Reduce Potential
Constraints to Housing Development; Program 13. Housing Incentives.

Use data from the 5th Cycle to calculate the likelihood of development for your 6th Cycle site inventory Likelihood of development is a measure of the probability of an inventory site being developed during the planning period. The median likelihood of development across the state is 25%, meaning only one of every four sites will likely be developed during the planning period for the median city. Incorporating the
likelihood of development into the zoned capacity will set the city up to successfully achieve their RHNA, making the
housing element less of a paper exercise and more of an actionable, functional document.

Calculating the likelihood of development on the basis of development during the previous housing cycle is not a valid methodology for estimating current potential for development due to significant changes in market conditions over the past decade. The “Great Recession” that began in 2007-08
resulted in an near-catastrophic collapse in property values and housing construction, particularly in the Inland Empire.

The RHNA is a planning goal, and cities are required to identify adequate sites that could accommodate the RHNA allocation. State law recognizes that cities do not have control over many aspects of the development process, and therefore achieving the RHNA is not a legal mandate. Many strategies have been suggested that the State Legislature could adopt to stimulate housing production, such as CEQA reform and real estate tax policy, but it has declined to do so.

To address this comment, the following programs identify actions the City intends to take to facilitate additional housing development: Program 5: Adequate Sites to Accommodate
Regional Housing Needs; Program 6: Specific Plans;
Program 7: Reduce Potential Constraints to Housing
Development; Program 8: Accessory Dwelling Units;
Program 10. Neighborhood Improvements; Program 13.

Housing Incentives.

Commit to an automatic mid-cycle adjustment if ADU
permitting activity is lower than estimated in the housing element. We highly recommend complying with HCD’s
standards of using one of its “safe harbor” methodologies to anticipate future ADU production. However, if the city is optimistic about ADU growth, then creating an automatic mid- cycle adjustment will automatically facilitate alternative housing options (i.e., a rezoning program, removing
The Housing Element utilizes HCD “safe harbor”
methodology in estimating future potential for ADU
production. This comment is addressed in Program 8:

Accessory Dwelling Units.

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Comment Response
development constraints, ADU incentives, etc.) if the city falls behind the estimated ADU production.

Incentivize new ADUs, including those that are rent-restricted for moderate or lower-income households or that are
prioritized for households with housing choice vouchers.

Consider offering low- or no-interest loans, forgivable loans, impact fee waivers for ADUs that are 750 square feet or larger, allowances to facilitate two-story and second-story ADU construction, etc.

It should be noted that ADU regulations beyond those
authorized in State law is prohibited. Also, after the State’s dissolution of redevelopment agencies a significant source of City funding for housing was eliminated. Many worthwhile housing activities now compete for scarce public subsidies such as CDBG and HOME funds. This comment is also
addressed in Program 8: Accessory Dwelling Units.

Allow residential to be built in areas that are zoned for commercial use. There are a myriad of ways to do this, but a housing overlay is one common policy. Additionally, consider eliminating new commercial space in mixed-use
developments where there is not a strong demand or there is otherwise a glut of commercial space that is unused or
frequently vacant.

The following programs are intended to facilitate housing production in areas currently zoned for commercial use:

Program 5: Adequate Sites to Accommodate Regional
Housing Needs; Program 6: Specific Plans; Program 7:

Reduce Potential Constraints to Housing Development;
Program 8: Accessory Dwelling Units; Program 10.

Neighborhood Improvements; Program 13. Housing
Incentives.

Allow flexibility in inclusionary zoning. Cities should require different percentages for different AMI levels. Additionally, we urge cities to incentivize land dedication to affordable developers in order for market-rate developers to meet their inclusionary requirements. Avoid getting trapped into thinking that the affordable units must be “sprinkled throughout” the market-rate units, or require the market-rate units to look exactly the same as the affordable ones. This should be balanced against not locating all of the affordable units in one place and ghettoizing neighborhoods by creating or
perpetuating racially concentrated areas of poverty.
“Inclusionary housing” refers to a requirement that a portion of new housing is made available at affordable rents or prices. There are valid arguments among experts for and against such policies, and each city must evaluate whether inclusionary requirements are appropriate. There are
currently no inclusionary requirements in Upland, and
inclusionary housing is not a requirement of State housing law.

Ensure that the city has a ministerial process for housing permitting, especially multi-family housing, and remove impact fees for deed-restricted housing. A discretionary process for housing development creates uncertainty and adds to the cost of construction. For example, multi-family housing should not require a conditional use permit or city council approval unless the builder is asking for unique and extraordinary concessions. Right-sizing governmental
constraints, entitlement processes, and impact fees will help the city successfully meet its RHNA.

This comment is addressed in Program 7: Reduce Potential Constraints to Housing Development. With regard to impact fees, the elimination of such fees for affordable housing would need to be backfilled from another source or there would be insufficient funds to provide the public facilities paid for by impact fees. There are limited sources of funding that could be used to offset that loss.

Reduce parking standards and eliminate parking minimums.

Minimum parking requirements are a major constraint on
housing, especially for lower cost housing types. They can cost in excess of $30,000 per spot and can raise rents by as much as 17%, and eliminating them is particularly important for smaller & other spatially constrained sites. Consider adopting a parking maximum.

This comment is addressed in Program 7: Reduce Potential Constraints to Housing Development.

Cap fees on all new housing. Most construction costs are outside the City’s control, but reducing impact fees can demonstrate that a city is serious about building new
housing. At a minimum, cities should delay the collection of impact fees until the issuance of the certificate of occupancy to reduce financial impacts on new housing and make the The City is serious about facilitating the construction of new housing. However, this comment disregards the fact that impact fees are determined by the cost of providing public services and facilities, and cannot be reduced without
rendering the services financially infeasible.

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Comment Response
units cheaper by not asking the developer to carry impact fee charges or debt throughout the construction phase.

Provide local funding. One of the largest barriers to building new affordable homes is the lack of city/county funds
available to assemble sites, provide gap funding, and to pay for dedicated staff. Without new funding, especially at the local level, we will not be able to build more affordable homes. There are three new revenue streams that should be considered: 1) Transfer tax, a one-time payment levied by a jurisdiction on the sale of a home, may be utilized to raise much needed revenue to fund affordable homes; 2) Vacancy tax may be collected on vacant land to convince landowners to sell their underutilized properties and be used to fund the construction of affordable homes; 3) Commercial linkage fees should be adopted or revisited for increases on new
commercial developments.

This comment correctly notes that public funding is a major limiting factor on affordable housing development. However, increased taxes on real estate is not a universally accepted strategy for raising additional funding. A statewide real estate transfer tax of $1.10 per $1,000 is assessed on transactions.

In addition, SB 2 of 2017 (the Building Homes and Job Act) requires County Recorders to charge an additional $75 fee at the time of recording every real estate instrument, paper, or notice, except those expressly exempted from payment of recording fees, per each transaction per parcel of real property, not to exceed $225 per single transaction. Funds raised by this fee are used to support affordable housing.