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3. No setback is required for an ADU that is subject to this Section if the ADU is constructed in the same location and to the same dimensions as an existing structure.
BC. Lot Coverage.
1. No ADU subject to this section that is located in the RS-15 or RS-20 zone shall cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (A)(3) above.
2. No ADU subject to this section that is located in the RS-10 zone shall cause the total lot coverage of the lot to exceed 40 percent, subject to subsection (A)(3).
3. No ADU subject to this section that is located in the RS-7.5 zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
4. No ADU subject to this section that is located in the RS-4 zone shall cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (A)(3).
5. No ADU subject to this section that is located in the B/R-MU zone shall cause the total lot coverage of the lot to exceed 45 percent, subject to subsection (A)(3).
CD. Minimum Outdoor Living Space. No ADU subject to this section that is located in the RM-10, RM-20 or RM-30 zone may cause the private and common outdoor living space of the lot to fall below the following requirements contained in Section 17.04.040, subject to subsection (A)(3).:
1. Private Outdoor Living Space. Private open space shall be provided at a ratio of 100 square feet per dwelling unit, with a minimum dimension of 8 feet on any side and a configuration that would accommodate a rectangle of at least 100 square feet.
2. Common Outdoor Living Space. Common open space shall be provided at a ratio of 250 square feet per dwelling unit. Common open space shall be at least 25 feet clear on any side.
a. Portions of setbacks (excluding the front yard setback) that are contiguous with and an integral part of, the outdoor living space may be included in calculating the area and minimum dimensions of such space.
Driveways and parking areas shall not be included in calculations of outdoor living space.
b. The review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open
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space or open space on site for public use that results in the same total open space square footage as otherwise required.
D. Building Height.
1. A single-story attached or detached ADU shall not exceed 16 feet in height above grade, measured to the peak of the structure.
2. A second story or two-story attached ADU shall not exceed the height of the primary dwelling.
3. A detached ADU may not exceed one story.
E. Passageway. No passageway, as defined by Section 17.37.030, is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.37.030 (Definitions) above.
2. Exceptions. No parking under subsection (G)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.37.030 (Definitions) above. b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.37.040(A)(1) above. d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(2)(a) though (e) above.
3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
Ordinance No.
DG. Architectural and Design Requirements.
1. Roof.
a. The ADU must have a minimum roof pitch similar to the primary dwelling. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
b. All eave and gable overhangs must be at least 12 inches.
2. Design.
a. The materials, textures, and colors of the exterior walls, roof, and windows and doors of the ADU must match the appearance and architectural design of those of the primary dwelling.
b. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. d. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
3. Building Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
4. Parking Space Dimensions.
a. Each unenclosed parking space must be at least nine feet wide by 19 feet deep.
b. Each parking space that is provided within an enclosed garage must be at least 10 feet wide by 20 feet deep.
5. Balconies and Roof Decks.
a. Balconies are prohibited on an attached ADU.
b. Roof decks are prohibited on attached and detached ADUs, and accessory structures and garages converted to an ADU.
6. Lighting. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
Ordinance No.
G. Setbacks.
1. Front Setback. An ADU that is subject to this section must conform to the front setback of the zone in which the lot is located. The setback on the side street of a corner lot must be a minimum of 15 feet. All corner lots shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way for the purpose of traffic safety.
2. Side and Rear Setback. An ADU that is subject to this subsection must conform to four-foot side and rear-yard setbacks.
3. No setback is required for an ADU that is subject to this subsection if the ADU is constructed in the same location and to the same dimensions as an existing structure. (Ord. 1948 § 4, 2021)
H. Landscape Requirements.
1. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternative, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
2. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
2. All landscaping must be drought-tolerant.
4. All landscaping must be from the City’s approved plant list.
I. Historical Protections. An ADU that is on or within 600 feet or real property that is listed in the California Register of Historic resources must be located so as to not be visible from any public right-of-way.
17.37.070 Fees
The following requirements apply to all ADUs that are approved under Sections
17.37.040(A) (Building Permit Only) and 17.37.040(B) (ADU Permit) above.
A. Impact Fees.
1. No impact fee is required for an ADU that is less than 750 square feet in size.
2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling ADU, divided by the floor area of the ADU primary dwelling, times the typical fee amount charged for a new dwelling).
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3. For purposes of this subsection A, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
B. Utility Fees.
1. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection (B)(1) of this section, converted ADUs and JADUs on a single-family lot that are created under Section 17.37.040(A)(1) are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection (B)(1), all ADUs and JADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU or JADU and the utility. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture-units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. (Ord. 1948 § 4, 2021)
17.37.080 Nonconforming ADUs and Discretionary Approval Zoning Code Conditions, Building Code Violations, and Unpermitted Structures Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 17.37.020 through 17.37.070 of this chapter may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this title. (Ord. 1948 § 4, 2021)
A. Generally. The city will not deny an ADU or JADU due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was
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constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (Chapter 17.37).
2. Exceptions:
a. Notwithstanding subsection (B)(1) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
17.37.090 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 17.37.010 to 17.37.080 of this Chapter may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this title.
S T A F F R E P O R T
I T E M N O . 13.A .
D A T E :J an uary 23 , 20 23
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C O N S O L I D A T I O N O F C O M M I TT E E S A P P O I N T E D TO A D V I S E T H E
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 end ed that th e C ity C oun cil take th e follow in g actions:
1. H old first read ing b y title on l y, waive fu rth er read in g and in trod u ce an O rd i nan ce ad d in g S ection 12 .26 .16 0 to C hap ter 1 2.2 6 of Title 1 2 of th e U p l an d M u nicip al C od e rel ati ve to th e S treet Tree A d visory C om m ittee.
2. A d op t a Resolution am en d ing th e Policies an d P roced u res relative to the estab lish m en t and op eration of com m issions, com m ittees, b oard s, an d au th orities ap p ointed to ad vise th e C ity C oun cil.
G O A L S T A T E M E N T
Th e p rop osed act ion su p p ort s th e C i ty's g oal to p rovi d e op p ortu nities for t h e cit izenry to p articip ate in local g overnm ent throug h s ervi ce on variou s C om m ission s, C om m it tees , B oard s, and A u th orities; an d to con d u ct reg ular m eeting s in an efficien t an d tran sp aren t m ann er.
B A C K G R O U N D
D urin g t he D ec em b er 12 , 20 22 C i ty C ou ncil m eet in g , th e C i ty C ou n ci l d iscussed op t ion s for con solid ation of C ity com m ittees ap p ointed to ad vise the C oun cil.
At t h e con cl usion of t h e d i sc us si on, th e C ou n c il d irect ed st aff to b rin g b ack a resolut ion an d ord in ance m aking th e follow in g chan g es to certain com m ittees:
E lim inatin g the P ub lic S afety C om m ittee;
Rem oving certai n ad visory m em b ers from th e F in ance C om m i tt ee an d t he E con om ic D evelop m en t C om m ittee;
C on solid ating t he d u ti es of th e E n viron m en t al S ustainab ility A d vi sory C om m it tee an d S treet Tree A d visory C om m ittee with th e P u b lic Works C om m ittee, with th e P u b lic Works
ad visory m em b ers p erform in g S t reet Tree A d vi sory C om m itt ee d u t ies as d es crib ed i n the Up lan d M un icip al C od e C hap ter 12 .26 ;
A ssig n in g th e d u ti es of t h e C om m u n it y D evelop m en t B loc k G ran t C om m it tee t o th e C ity C ou ncil A d visory C om m ittee; an d
M oving the Parks, A rt s, Recreati on, an d C om m u n it y S ervi ces A d vi sory C om m it tee to a q u arterly m eetin g sch ed u le an d red u cing its m em b ers from ten to five.
I S S U E S /A N A L Y S I S
B ased on t h e d i rec ti on of t he C ity C ou ncil, staff h as p rep ared a Resolu tion im p lem en ting the aforem ention ed chan g es to the com m ittees ap p oin ted to ad vise th e C ou ncil.
A d d itionally, in ord er to effectu ate th e consolid ation of th e E n vironm ental S u stain ab ility A d visory C om m i tt ee, S t reet Tree A d visory C om m it tee, an d th e P u b l ic Works C om m it tee, the C ity Attorney’s office has als o p rep ared an O rd inan ce ad d ing a new s ect ion 12 .26 .16 0 t o the Up lan d M u nicip al C od e to clarify that the P u b lic Works C om m ittee w ill assum e the resp on sib ilities of the S treet Tree A d visory C om m ittee.
E N V I R O N M E N T A L D E T E R M I N A T I O N
Th is is n ot s u b ject t o th e C aliforn ia E n viron m en t al Q ual it y A ct (“C E Q A”) p u rsuan t t o S ection s 15 06 0(c)(2) (t he ac ti vit y w il l not result i n a d irect or reasonab ly foreseeab le i n d irect p hysical ch ang e in th e environ m en t) an d 1 50 60 (c)(3 ) (th e act ivi ty i s n ot a p rojec t as d efi n ed in S ection 15 37 8) of the S t ate C E Q A G u id elines, C ali forn ia C od e of Reg u lat ion s, T it le 1 4, C h ap ter 3 , b ecau se it h as n o p oten ti al for resulting in p h ys ic al ch an g e t o t he environ m en t, d irectly or i n d irect ly. F u rt her, if t h e activity i s d eem ed a p roject t h i s C ity C oun cil fi n d s th at th is O rd in ance is exem p t p ursu ant to S ection 15 06 1(b )(3) of the S tate C E Q A G uid elin es.
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 item .
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
Ordinance
Resolution
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING SECTION 12.26.160 TO
CHAPTER 12.26 OF TITLE 12 OF THE UPLAND MUNICIPAL
CODE RELATIVE TO THE STREET TREE ADVISORY
COMMITTEE
WHEREAS, Upland Municipal Code (“UMC”) Chapter 12.26 provides for the establishment of a Street Tree Advisory Committee; and
WHEREAS, pursuant to UMC Chapter 12.26, the Street Tree Advisory Committee is generally empowered to advise the City Council on various issues related to street tree care; and
WHEREAS, UMC Sections 12.26.035 and 12.26.110, also respectively empower the Street Tree Advisory Committee to review the City of Upland (“City”)’s Urban Forest Management Plan and to hear and decide all citizen appeals on tree matters; and
WHEREAS, the City Council now desires to consolidate the Street Tree Advisory Committee with the Public Works Committee; and
WHEREAS, the City Council desires that appeals to the Street Tree Advisory Committee shall only be heard by those members of the consolidated Committee who are not City Council members; and
WHEREAS, in order to effectuate the consolidation, this Ordinance is necessary to clarify that the Public Works Committee shall assume the responsibilities of the Street Tree Advisory Committee under UMC Chapter 12.26.
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.
Section 12.26.160 of Chapter 12.26 of Title 12 of the Upland Municipal Code is hereby added as follows:
“Section 12.26.160 References to street tree advisory committee.
All references to the “street tree advisory committee” in this Chapter shall be deemed to be references to the public works committee established by resolution of the City Council. The public works committee shall be empowered to assume all responsibilities of the street tree advisory committee, including, but not limited to, the responsibility to hear and decide citizen appeals on street tree matters pursuant to Section 12.26.110. Said appeals shall be heard by the citizen members of the committee only (i.e., not City Council members, if any serve).”
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Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this ____ day of _________, 2023.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the ____ day of __________, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the ____ day of __________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND
AMENDING THE POLICIES AND PROCEDURES RELATIVE TO THE
ESTABLISHMENT AND OPERATION OF COMMISSIONS,
COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO
ADVISE THE CITY COUNCIL
Whereas, the use of citizen Commissions, Committees, Boards, and Authorities to advise the City Council on issues of public concern is an efficient and effective means of involving citizens in policy development; and
Whereas, Chapter 2.16 and Section 2.20.030 of the Upland Municipal Code provides that the City Council shall by resolution, establish a process for the screening of individuals desiring to serve as City Commission, Committee, Boards or Authority members; and
Whereas, the effective use of these Commissions, Committees, Boards , and Authorities is furthered by clear guidelines governing their creation and operation; and
Whereas, the City Council adopted Resolution No. 4331 which established guidelines governing the creation and operation of established Commissions, Committees, Board s and Authorities; and
Whereas, from time to time there is a need to eliminate or amend the established rules governing the operation and creation of Commissions, Committees, Boards, and Authorities, which was the basis for the adoption of Resolution Nos. 5786, 6038, 6270, 6397, 6504, 6539, 6581, 6583, 6608, and 6681; and
Whereas, the City desires to provide a fair and equitable manner by which citizens are appointed to City Commissions, Committees, Boards, and Authorities , which is free of undue influence, but which advances the authority provided by Government Code Section 40605; and
Whereas, the City Council may establish standing committees of the legislative body to provide an opportunity for fact finding prior to consideration by the entire Council; and
Whereas, the City Council established the Recreation Committee by Resolution No. 4839 on June 9, 1997, and rescinded previously adopted Resolution Nos. 2600, 3324, 3626, 4212 and 4474 and amended Resolution Nos. 4331 and 5007; and
Whereas, the City Council later amended the composition of the Recreation Committee with Resolution No. 5007, dated February 8, 1999, adding two School Board Members to the Committee; and
Whereas, the City Council added the Finance & Economic Development Committee, Police & Fire Committee, and Public Works Committee with Resolution No . 5290, dated December 10, 2001; and
Whereas, the City Council amended the Standing Legislative Committees by Resolution No. 6539 to include Economic Development Committee, Finance Committee, Police & Fire Committee, and Public Works Committee; and
Whereas, the Council amended, by Resolution No. 6581, the Economic Development Committee, Finance Committee and Public Works Committee to include five citizen advisory members; and
Whereas, the City Council established, by Resolution No. 6583, the Environmental Sustainability Advisory Committee and the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee and dissolved the Traffic Safety Advisory Committee; and
Whereas, the City Council amended, by Resolution No. 6608, the Finance Committee Membership to include the City Treasurer without restriction; and
Whereas, the City Council amended, by Resolution No. 6681 the process for selection of new Planning Commissioners to fill vacancies; and
Whereas, the City Council now desires to consolidate certain City Commissions, Committees, Boards, and Authorities as further set forth below.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The City Council hereby amends the established guidelines and policies governing Commissions, Committees, Boards and Authorities of the City (“Guidelines and Policies”) attached hereto and incorporated herein by referen ce, including the changes set forth in sections 2, 3, 4, 5, and 6 of this Resolution, and further including by incorporating, by reference, all prior actions taken by the City Council to eliminate or modify Commissions, Committees, Board, and Authorities to the extent they are not inconsistent with the attached Guidelines and Policies.
Section 2. The City Council hereby amends the Guidelines and Policies by dissolving and eliminating the Public Safety Committee.
Section 3. The Council hereby amends the Guidelines and Policies by consolidating the duties of the Community Development Block Grant Committee with the City Council Advisory Committee.
Section 4. The City Council hereby amends the Guidelines and Policies by consolidating the duties of the Environmental Sustainability Advisory Comm ittee and the Street Tree Advisory Committee with the Public Works Committee.
Section 5. The City Council hereby amends the Guidelines and Policies by eliminating certain citizen advisory members from the Economic Development Committee and the Finance Committee.
Section 6. The City Council hereby amends the Guidelines and Policies by reducing the number of members on the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee members to five and changing the meeting frequency to quarte rly. In order to reduce the membership to five, each Councilmember shall nominate only one individual to serve on the Committee.
Section 7. 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 8. Certification. The City Clerk shall certify the adoption of this Resolution and enter it into the book of original resolutions.
Section 9. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 23rd day of January 2023.
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 23rd day of January, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
GUIDELINES AND POLICIES GOVERNING
COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES.
SECTION 1. CREATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES
The Upland City Council shall have the power from time to time by resolution to create such Commissions, Committees, Boards, and Authorities which are necessary or deemed advisable by the Council to carry out the governmental functions of the City in the manner reflecting the best interest of its citizens. The number of members to each Commission, Committee, Board, and/or Authority shall unless otherwise required by law, correspond to the number of members of the appointing body as authorized by law. Each active member of the Upland City Council shall have an appointee on each Commission, Committee, Board and/or Authority. Each appointee shall be a citizen nominated by the Mayor or Councilmember, respectively, and approved by a majority vote of the City Council and appointed by the Ma yor.
SECTION 2. DEFINITION
“Commission” shall be any group established pursuant to the Upland Municipal Code. “Committee” shall be any group of individuals which shall have any ongoing charge from the City Council and which are formed by resolution. “Committee” shall not include Committees composed solely of elected officials. “Board” shall be any group formed pursuant to S tate law providing for same. “Authority” shall be any group formed pursuant to State law providing for same. “Standing Legislative Committee” shall include committees comprised of el ected officials who will review operational concerns prior to official council action.
SECTION 3. APPLICABILITY
The provisions of this resolution shall apply to all Commissions, Committees , Boards, and Authorities hereafter created by resolution of the City Council and to existing Commissions, Committees, Boards, and Authorities as identified on the attachments hereto. The provisions of this resolution shall supersede any minute motion or resolution of any prior City Council of Upland which is in conflict with the provisions of this document. Insofar as possible, the provisions of this resolution shall govern the operation and creation of Commissions, Committees, Boards, and Authorities appointed by the City Council except in those instances where the provisions of this resolution conflict with provisions of State or Federal law.
SECTION 4. APPOINTMENT AND APPLICATION PROCESS
The City Clerk shall maintain a roster of individuals wh o expressed interest in serving on City Commissions, Committees, Boards, and Authorities, who may be nominated by a serving member of the City Council, and who have completed an application form in a manner established or approved by the City Council. Said application shall indicate among other things, the Commission, Committee, Board, or Authority on which said individual is interested in serving. Any application filed shall be valid for a period of three (3) years. Incumbent Commission, Committee, Board, or Authority members shall submit an application prior to the end of their term if they would like to be considered for reappointment . Members of the City Council shall make appointments from this roster.
SECTION 5. SELECTION AND APPOINTMENT
Members of the City Council requiring representation on a particular Commission, Committee, Board, or Authority shall review the list of applicants and submit a nominee to the City Clerk.
Councilmembers will give consideration to candidates who reside in their respective district.
If a Councilmember cannot find a suitable candidate to nominate from the Councilmember’s respective district, the Councilmember may nominate a candidate from a different district at
that Councilmember’s discretion. The City Clerk shall place nominations before the City Council for its review and approval as and when necessary.
For selections made by the Mayor and ratified by the City Council, the Mayor shall review the list of applicants and submit a nominee to the City Clerk . The City Clerk shall place the nominations before the City Council for its review and approval as and when necessary.
In appointing Planning Commissioners, whenever there is a vacancy on the Planning Commission, the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tem (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission (or other Planning Commissioner designated by the Mayor if the Chair is seeking re-appointment) and the Development Services Director. The committee advisors shall have no voting power during the selection process. The ad hoc committee meetings shall not be subject to the Brown Act. However, at the Mayor’s discretion, the ad hoc committee meetings where candidate interviews are conducted may voluntarily be conducted open to the public, while the rating and discussion of candidates may be closed to the public. Each City Councilmember may recommend at least one applicant from their District for an interview by the ad hoc committee. Once a Planning Commissioner vacancy is filled by the Mayor’s appointment and the City Council’s ratification, the ad hoc committee shall disband.
Appointments to standing legislative committees (Economic Development , Finance Committee, and Public Works Committee) are made by the Mayor biannually to coincide with elections and may be reviewed and reassigned annually or as needed. The Public Works Committee, will also include five advisory members, one advisory member appointed by each Councilmember.
SECTION 6. TERMS OF COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES
For Council nominated appointments the term of each Commission, Committee, Board, and Authority member shall coincide with the holding of office by the nominating member of the City Council, unless otherwise prescribed by resolution creating the Commission, Committee, Board, or Authority.
For appointments made by the Mayor, the term shall be as outlined in the creation of the Commission, Committee, Board, or Authority.
No Commission, Committee, Board, or Authority member shall serve for more than two (2) consecutive terms on any individual Committee, Commission, Board, or Authority without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 7. REMOVAL FROM COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES
Any Committee, Commission, Board, or Authority member may be removed from office during their unexpired term upon vote of the City Council , when in the sole discretion of the Council said removal is deemed appropriate. If the request for removal is from the appointing Councilmember, removal of the appointee will require a majority vote of the Council. Any request for removal from any member of the Council other than the nominating Councilmember will require a 4/5 vote of the Council. Notwithstanding the foregoing, if the appointee’s nominating Councilmember is no longer a part of the Upland City Council or Mayor, that appointee shall be deemed to have automatically resigned the seat they hold upon the filling of the City Council vacancy.
SECTION 8. RESIDENCY OF COMMISSION, COMMITTEE, BOARD, AND AUTHORITY
MEMBERS
In order to be appointed to a Commission, Committee, Board, or Authority, a prospective appointee must be a resident of the City of Upland and must remain in residence throughout the term of their appointment, unless a member is appointed by another entity. This provision may be waived upon an affirmative 4/5ths vote of the Council.
SECTION 9. CHAIRPERSON SELECTION
With the exception of the Planning Commission, the Library Board, and the Personnel Board of Review, the member appointed by the Mayor to any Commission, Committee, Board, and/or Authority shall serve as the Chairperson of that body. With regard to the Planning Commission, the Library Board, and the Personnel Board of Review, the members of said bodies shall select, nominate, and appoint by majority consensus, a sitting member of the Body to the position of Chairperson. The term of the Chairperson shall be for 2 years. No Chairperson shall serve for more than two (2) consecutive terms without the approval of the City Council by an affirmative 4/5ths vote.
SECTION 10. POSTING REQUIRED
The City Clerk shall, before December 31st of each year, develop a listing of all scheduled vacancies on City Commissions, Committees, Boards, and/or Authorities expected during the next twelve (12) months. In addi tion to the requirement of the Government Code, said list shall be posted at City buildings and other locations as may be designated from time to time by City Council resolution, for a period of thirty (30) days an d announced at a Council meeting in December. Said listing shall advise interested parties to obtain application forms and related materials at the City Clerk’s office. In addition, the City Clerk shall publish said list in the city newsletter seeking applications from interested parties and listing scheduled vacancies during the same thirty (30) day period. Unscheduled vacancies shall be adv ertised in accordance with the Government Code and posted at the same location as scheduled vacancies.
SECTION 11. DUTIES
The Commissions, Committees, Boards, and Authorities established by the Council shall perform such duties and have such powers as may be established from time to time by the Council.
SECTION 12. ATTENDANCE
In any case where a Commission, Committee, Board , and/or Authority member has missed three (3) regularly scheduled meetings in a twelve (12) month period without notifying the Chair of said Commission, Committee, Board, and/or Authority in advance of said meeting, the City Clerk shall contact the Commission, Committee, Board, and/or Authority member with a request to provide the reasons therefore, which shall be forwarded to the City Council.
SECTION 13. OPEN MEETINGS
All Commission, Committee, Board, and Authority meetings, except those meetings specifically exempted herein, shall be conducted pursuant to the provisions of the Ralph M.
Brown Act and the City Clerk shall maintain a copy of all agendas and minutes of all meetings.
BUILDING APPEALS BOARD
PURPOSE
To determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electric Code, and the Seismic Hazards Reduction Ordinance.
MEMBERSHIP
5 Members Total
Selected from the following classifications:
a. Architect or Engineer
b. Attorney
c. Contractor – Electrical, Mechanical, Plumbing or General
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term / Meetings are scheduled as needed as appeals are received.
No member may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
The City Clerk causes a request for volunteers to be posted Using the criteria for membership, the Building Official determines if applicants are qualified and passes all qualified candidates to the City Clerk Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for con sideration at a Council meeting
CODE REFERENCES
Resolution 4107
Resolution 2725
Ordinance 1882
(effective July 27, 1992)
CITY COUNCIL ADVISORY COMMITTEE
PURPOSE
Review of any matters which may be referred to the Committee from time to time. If so directed, the City Council Advisory Committee will be responsible for performing an analysis and present recommendations to the City Council.
Annually review applications for Community Development Block Grant funds, conduct hearings to determine the most effective use of the grant funds and provide recommendations to the City Council.
MEMBERSHIP
5 Members Total
Nominated by Councilmembers
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 year terms to coincide with the terms of Mayor and Councilmember making nomination
No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
Meets quarterly, the first Wednesday of March, June, September, and December Special meetings held from January through April, on an as needed basis to review Community Development Block Grant Applications.
SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.
CODE REFERENCE
Ordinance 1812, 10/8/2006
Ordinance 1428, Section 2, 6/20/88
Ordinance 1416, Section 1, 12/21/87
Ordinance 1563, Section 1, 10/26/72
Council Minutes 7/3/72
LIBRARY BOARD
PURPOSE
The Upland Public Library serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.
MEMBERSHIP
5 Citizens at Large
1 Council Liaison (advisory)
1 Friends of the Library Liaison (advisory)
LENGTH OF TERMS/FREQUENCY OF MEETINGS
3 Year Term
Meetings held the second Wednesday of the month, except the month of August. No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
SELECTION PROCESS
Mayor shall appoint with Council ratification
CODE REFERENCES
Council Minutes 3/14/89
UMC Section 2.28.010
California Library laws, Education Code 1990
Ordinance No. 99
PARKS, ARTS, RECREATION, AND COMMUNITY SERVICES (PARCS) ADVISORY COMMITTEE
PURPOSE
This Committee shall act in an advisory capacity in matters pertaining to parklands, trails, recreational programs, youth and senior services, cultural arts programs, and special events throughout the City.
MEMBERSHIP
5 Members Total
Nominated by Councilmembers (one senior liaison member and one youth liaison member to be designated annually by the committee)
LENGTH OF TERM
4 year terms to coincide with the terms of Mayor and Councilmember making nomination
No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
MEETINGS
Meetings held the first Tuesday of February, May, August, and November.
SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.
CODE REFERENCE
Resolution No. 6583
Council Minutes 4/26/21
PERSONNEL BOARD OF REVIEW
PURPOSE
The functions of the board shall be to hear appeals as provided by this part and by rule, except matters pertaining to the meet and confer process.
MEMBERSHIP
3 Members Total
1 Alternate Member
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term
No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
On call by the Human Resources Manager
SELECTION PROCESS
1 member - Council appointment shall be made by the Mayor, with Council ratification
1 member - Employee Associations submits name(s) and Council selects appointment
1 member agreed upon by Council and Employee Associations 1 alternate member agreed upon by Council and Employee Associations
CODE REFERENCE
UMC Section 2.36.160
Ordinance 1566
Ordinance 1494
Minute Action 5/31/1945
PLANNING COMMISSION
PURPOSE
The powers and duties of the Planning Commission shall be to:
1. Prepare, periodically review, and revise, as necessary the General Plan
2. Annually review the Capital Improvement Program of the City and the local public works projects of other local agencies for their consistency with the General Plan
3. Perform other functions as the City Council provides
4. Perform such other land use-related functions pursuant to State laws pertaining to conservation, planning, and zoning as the council may direct or provide
5. Serve as the Airport Land Use Committee, applying the procedures and findings set forth in the Municipal Code in regards to all processes relating to a request for an implementation/land use compatibility decision, preparation, adoption and amendment to the Comprehensive Airport Land Use Plan of the City of Upland conforming to requirements set forth in Public Utilities Section 21670.1
6. Serve as the Historic Preservation Committee as outlined in the Upland Municipal Code
MEMBERSHIP
7 Members Total
Airport Land Use Committee consists of:
7 Planning Commissioners
2 ALUC members (possess expertise in aviation)
LENGTH OF TERM/FREQUENCY OF MEETINGS
4 year terms
No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
Once a month, 4th Wednesday
Commissioners receive $100 compensation per meeting (not to exceed $200 per month)
SELECTION PROCESS
The City Clerk causes a request for volunteers to be posted Mayor (or Mayor designee) and Mayor Pro Tem (or Mayor designee) shall comprise an ad hoc committee and shall interview applicants. The ad hoc committee may call upon advisors such as, but not limited to, the Planning Commission Chair (or designee selected by the Mayor if the Chair is seeking re-appointment) and the Development Services Director.
The ad hoc committee shall recommend at least one candidate per opening to the Mayor for ratification by the City Council.
Once a candidate is appointed by the Mayor and ratified by the City Council, the ad hoc committee shall disband.
Airport Land Use Commissioners - Mayor shall appoint with Council ratification.
CODE REFERENCE
UMC Chapter 17.43.030
Resolution No. 6681
Resolution 6397
Resolution 6270
Resolution 4697
Ordinance 1202
Ordinance 415
ECONOMIC DEVELOPMENT COMMITTEE
PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in economic development operations prior to consideration by the entire Council .
MEMBERSHIP
2 City Council Members
1 Upland Chamber Member – advisory member only
LENGTH OF TERM/FREQUENCY OF MEETINGS
Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
Meets quarterly, the first Monday of March, June, September, and December
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
The Chamber of Commerce shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Ordinance No. 1913
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
PUBLIC WORKS COMMITTEE
PURPOSE
The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in Public Works operations prior to consideration by the entire Council.
This Committee shall act in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well -being of the City of Upland and its residents. The Committee will collaborate on environmental matters to promote environmental sustainability within the community. The Committee will make recommendations in regard to community clean-ups, beautification campaigns, Earth Day events, public outreach, and education on issues including recycling, storm water pollution, water conservation and sustainability practices.
The Citizen Advisory Members of this Committee shall study and review the proposed Urban Forestry Management Plan and make appropriat e recommendation to Council and staff regarding the matters contained therein; to provide an avenue for citizens to appeal special circumstantial tree problems (i.e., tree removals, street tree designations, spraying for fruit insects); and shall review tree removal and other policies, as well as handle any and all citizen appeals regarding tree matters under Upland Municipal Code Chapter 12.26. Said appeals shall be heard by the citizen members of the Committee only (i.e., not the serving City Council members, who shall take no part in such appeals).
MEMBERSHIP
2 City Council Members
5 Citizens - advisory members
LENGTH OF TERM/FREQUENCY OF MEETINGS
Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
Meets quarterly, the 2nd Tuesday of January, April, July, and October
SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.
Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 5290
Upland City Council Minutes, 12/01/2001
FINANCE COMMITTEE
PURPOSE
The Committee shall be responsible for reviewing matters pertaining to the finances of the City. This may include reviewing warrants and registers, financial statements, investment reports, the City's annual independent audit, City fees and service charges, and operating budgets
MEMBERSHIP
2 City Council Members
City Treasurer
Finance Officer - advisory only (staff)
LENGTH OF TERM/FREQUENCY OF MEETINGS
Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor with the exception of the Finance Officer Meets quarterly, the 4th Wednesday of January, April, July, and October
SELECTION PROCESS
The City Treasurer is an established elected position and shall review and provide input on the quarterly investment reports.
Council Members on all Standing Legislative Committees are appointed by the Mayor.
CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6608
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 6394 (Investment Policy)
S T A F F R E P O R T
I T E M N O . 13.B .
D A T E :J an uary 23 , 20 23
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : S T E P H E N P. D E I T S C H , C I T Y A TTO R N E Y S U B J E C T :C O N S I D E R A T I O N O F A N O R D I N A N C E A D D I N G S E C T I O N 8.4 4.1 20 TO C H A P T E R 8.4 4 O F T I T L E 8 O F T H E U P L A N D M U N I C I PA L C O D E
E S TA B L I S H I N G R E G U L A T I O N S P R O H I B I T I N G T H E U N L A W F U L
P O S S E S S I O N O F C A TA LY T I C C O N V E RT E R S I N T H E C I T Y
R E C O M M E N D E D A C T I O N
I t is rec om m en d ed that t he C i ty C oun cil hol d first read in g b y ti tl e only, wai ve fu rt h er read in g , and in trod u ce an ord in ance of t he C ity C ou n ci l of the C it y of Up lan d , C ali forn ia ad d in g S ection
8.4 4.1 20 to C h ap ter 8 .44 of Ti tl e 8 of th e U p lan d M u nicip al C od e est ab l is h i n g reg u lation s p rohib iting th e un lawfu l p ossession of catalytic con verters in th e C ity.
G O A L S T A T E M E N T
Th e p rop osed action su p p orts th e C ity's g oal of increasin g th e q uality of life in th e C ity of Up lan d .
B A C K G R O U N D
I n 2 02 1, ap p roxim ately 1,6 00 catalytic con verters were rep orted ly stolen in C alifornia each m on th , and C alifornia accoun ted for 3 7% of all catalytic converter th eft claim s nation w id e.
C atalytic c on verters are an extern al com p on ent of a veh icle, acc ess ib le from the u n d ersi d e of a p arked c ar. Th ey c on vert m os t of a vehicle’s em ission s i n t o l ess h arm ful form s, im p roving air q u ality an d veh i cl e p erform an ce. A s p art of th eir constructi on, cat alyt ic converters con tain valu ab le m aterial s such as p lat in um an d p allad ium , rare m etal s th at com m and ever-increasin g p rices on th e recyclab les m arket.
C atalytic con vert er th efts are on t h e rise as i nd ivi d u als are in cen ti vized to c om m it catalytic con verter th efts for m ultip le reasons i n c lu d i n g : (1) t he ease an d u nd etec tab le n atu re of com m ittin g such t h eft s, p otentially i n a m at ter of secon d s th rou g h th e u se of c om m on tools
su ch as a recip rocating saw; (2 ) the ab il it y to recycle cat alyt ic con vert ers at scrap m et al yard s for h ig h d ollar retu rn s rang in g from $20 0 t o $1 ,20 0 p er c atal yti c c on verter; an d (3 ) loop holes in leg islation p rotecting crim in als from p rosecution un less a victim can b e id en tified .
I S S U E S /A N A L Y S I S
Th ere is curren tly n o C ity leg islation ap p licab le w ithin th e C ity of Up lan d to d irectly d efin e an d p u nish catal yti c con vert er t heft s ab s en t an id ent ifiab le vi ct im . A d d itionally, th ere is cu rrently no C ity, S tate, or Fed eral leg islation ap p licab le with in the C ity of U p land req u irin g in d ivid uals to p rovid e p roof to law en forcem en t as to h ow t h ey ob t ain ed catalytic con vert ers i n their p ossession. T hi s lim its law enforcem ent’s ab il it y to (1) p rotect t he p u b lic b y p reventin g catalytic converter thefts and (2 ) seize susp ected stolen catalytic converters w hen there is no id entifiab le vict im p res ent . A s a result, p revent in g an d p u n is h i n g th ese crim es at p resen t is nearly i m p oss ib le d u e t o th e eas e an d sp eed wi th wh ich catalytic con vert er th efts can b e com m itted an d th e d iffi cu lt y of traci ng a p articu lar catalytic c on verter b ack to it s p rior own er (th e victim ), b ecau se catalytic converters typ ically h ave no id en tifyin g m arkers.
Th e Leg islat ure h as en acted , and t h e G overnor h as si g n ed int o l aw, S en ate B ill (S B ) 1 08 7 an d A ssem b ly B ill (A B ) 1 74 0, wh ich g en erally p rohi b i t (1) ind ivid u als from p u rc has in g a used catalytic c onverter from an yone other t han certain sp eci fied sellers, in cl ud in g au tom ob ile d ism antlers, aut om ot ive rep air d ealers, or an i nd ivi d u al p os ses si n g d ocu m en tat ion , as sp ecified , th at they are th e lawfu l own er of the catalytic converter; and (2) req u ires core recyclers t o keep a d et ail ed writ ten record , i n c lu d i n g th e year, m ake, an d m od el of t he car form w h i ch a cat alyt ic converter w as rem oved , as w el l as a cop y of th e veh i cl e’s ti tl e, p rior to p u rchasin g a catalytic converter from a seller.
Th e L eg islatu re h as n ot exp ressed its intent, w hether exp licitly or im p lied ly, to occup y th e field of cat alyt ic con vert er th eft l eg i sl ati on. P u rsuan t t o A rticle X I , S ect ion 7 of th e C aliforn ia C on stitution , th e C ity has b road d i sc ret ion ary p ower to m ake an d enforce wi th in its li m i ts all local, p olice, sanitary, and oth er ord inan ces and reg ulations not in con flict w ith g eneral law s.
I n d ivid uals in p ossessi on of st olen cat alyt ic con vert ers are ab l e to recycle th em for su b stan tial p rofit at rel ati vely low risk, w h i le vi ct im s are forced to c om m it to c ost ly rep airs. B y crim in alizing the m ere p ossession of an un attach ed catalytic converter ab sen t p roof of ow nersh ip or l aw fu l p ossession, th is ord i n an ce wou ld c om b at th is crim in al p ract ice b y: (1) ach ieving d et errence b y es tab li sh in g zero-toleran ce for cat alyt ic con vert er t h eft s; (2) estab lishing san ct ion s for p ossessing st olen catal yti c con verters; (3) p rohib iting the falsification of i n form at ion i n d ocum ent s and record s u sed to veri fy own ershi p or lawfu l p ossession of a catalytic con vert er; (4 ) p reven ting crim in als from p rofit in g from th e sal e an d recyclin g of stolen catalytic c onverters; (5 ) p rovid in g i n d irect ju s ti ce t o th e vic ti m s of catalytic con verter t h eft cases that h ave g on e or w il l g o un solved for t he reasons d i sc u s sed ab ove; an d (6) m inim izing t h e fiscal and p ers on n el im p act on t h e C it y of U p lan d an d th e U p l an d Police D ep artm ent b y red ucin g th e ti m e in vest ed in d et errin g and in vest ig ati n g catal yti c con verter th efts.
E N V I R O N M E N T A L D E T E R M I N A T I O N
N ot a p roject.
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 e recom m end ed 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
Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADDING SECTION 8.44.120 TO
CHAPTER 8.44 OF TITLE 8 OF THE UPLAND MUNICIPAL
CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN
THE CITY
WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and
WHEREAS, the citizens of Upland have experienced rising catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City legislation yet applicable within the City of Upland to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Upland requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3)
Ordinance No.
loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and
WHEREAS, the citizens of Upland and the Upland Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to:
(1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Upland and the Upland Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its citizens, their property, and their community; and
WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City of Upland and the Upland Police Department clear legal authority to better protect the public and deter this criminal activity.
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.
Section 8.44.120 of Chapter 8.44 of Title 8 of the Upland Municipal Code is hereby added as follows:
“Section 8.44.120 Unlawful Possession of a Catalytic Converter Prohibited.
Ordinance No.
A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
C. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
D. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
E. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Upland Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
F. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.16 of Title 1 of this Code, for any person to violate any provision of this section.
G. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
Section 3. Compliance with California Environmental Quality Act.
Ordinance No.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Severability. If any section, subsection, subdivision, sentence, or clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this 13th day of February, 2023.
Bill Velto, Mayor
Ordinance No.
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 23rd day of January, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the 13th day of February, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk