Upland City Council
March 13, 2023

Monday, March 13, 2023
Open session begins at 7:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

Pages

1.CALL TO ORDER AND ROLL CALL

2.ADDITIONS-DELETIONS TO AGENDA

3.ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

CLOSED SESSION BEGINS AT 6:00 p.m.

4.CLOSED SESSION
a.CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Jeannette Vagnozzi v. City of Upland
San Bernardino County Superior Court of California Case No.CIVSB2122496

5.INVOCATION
Pastor Summer Brown, Life Bible Fellowship Church

6.PLEDGE OF ALLEGIANCE

7.PRESENTATIONS
Introduction of Officer Alvarran and his K9 partner Petey

8.CITY ATTORNEY

9.ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.

Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.

10.CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

Recommended Action:

Approve the Consent Calendar
a.APPROVAL OF MINUTES 6
Recommended Action:

Approve the Special Workshop Minutes of February 27, 2023 and the Regular Meeting Minutes of February 27, 2023. (Staff Person: Keri Johnson) b.DESIGNATION OF PROXIES AND PROPOSED SLATE OF DIRECTORS FOR

SAN ANTONIO WATER COMPANY BOARD AND WEST END CONSOLIDATED

WATER COMPANY BOARD
13 CEQA: Not a Project.

Recommended Action:

Appoint Rudy Zuniga as proxy to vote all shares at the annual stockholder’s meeting of the San Antonio Water Company for the slate of directors; and to include the reappointment of Bob Bowcock, Will Elliott, Martha Goss, and Rudy Zuniga to the proposed Board slate.

1. Appoint Shannan Maust as proxy to vote all shares at the annual stockholder’s meeting for the West End Consolidated Water Company Board of Directors and to include the reappointment of Kati Parker and Shelly Verrinder to the proposed Board slate. (Staff Person: Keri Johnson)

2. c.CONSIDER ADOPTION OF A RESOLUTION CONDEMNING HATE CRIMES

AND ANY OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC BIAS, 27 DISCRIMINATION, INCITEMENT OF VIOLENCE, OR TARGETING A MINORITY CEQA: Not a Project.

Recommended Action:

Adopt a Resolution condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority. (Staff Person: Michael Blay)
d.ANNUAL CITY ETHICS REVIEW 30
CEQA: Not a Project.

Recommended Action:

Receive and file this report on the annual city ethics review. (Staff Person:

Michael Blay)
e.TREASURER’S REPORT JANUARY 2023 32
CEQA: Not a Project.

Recommended Action:

It is recommended that the City Council receive and file the January 2023 Treasurer’s Report. (Staff Person: Stephen Parker)
f.APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS 47 CEQA: Not a Project.

Recommended Action:

Approve the February warrant registers (check numbers 42188-42534 and direct disbursements totaling $9,043,210.40 and payroll registers totaling $1,498,744.06 (check numbers 162989-163011 and electronic fund transfers 38879-39380). (Staff Person: Stephen Parker)
g.DISPOSAL OF SURPLUS EQUIPMENT 55
CEQA: Not a Project.

Recommended Action:

Declare items as surplus and authorize the City Manager to initiate disposal of the surplus equipment. (Staff Person: Stephen Parker)
h.CONSIDER APPROVAL OF THE PURCHASE OF 60’ BASKET/CHIPPER TRUCK
57 CEQA: Not a Project.

Recommended Action:

Approve the purchase of a 2024 Ford F-750 with sixty-foot (60-ft) Versalift Aerial Tower VO-260-REV and Chipper Dump Body from PB Loader Corporation in the amount of $320,250 which includes an 18% contingency; and authorize the City Manager to finalize the purchase of the vehicle. (Staff Person: Braden Yu)

11.PUBLIC HEARINGS
a.CONSIDERATION OF AN ORDINANCE (ZONING CODE AMENDMENT NO. 23-60

0002) AMENDING CHAPTER 17.37 OF THE CITY OF UPLAND MUNICIPAL

CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO

BE EXEMPT FROM CEQA
CEQA: Determine to be Exempt
Recommended Action:

The City Council will conduct a public hearing to consider an Ordinance amending Chapter 17.37 of the Upland Municipal Code. (Staff Person: Robert Dalquest)
Staff presentation1.

Hold public hearing2.

Close Public hearing3.

Hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and determine the Ordinance to be Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17.

4. 12.COUNCIL COMMITTEE REPORTS
a.ECONOMIC DEVELOPMENT COMMITTEE MEETING, MARCH 6, 2023 98 The Committee Chairperson will report on the meeting. This item is an information item.

13.BUSINESS ITEMS
a.ESTABLISH AN AD HOC COMMITTEE AND APPOINT MEMBERS 101 CEQA: Not a Project.

Recommended Action:

Establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel. (Staff Person: Keri Johnson)

14.COUNCIL COMMUNICATIONS

15.CITY MANAGER

16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, March 27, 2023.

NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.

All Agenda items and back-up materials are available for public review at the Upland Public Library, downstairs reference desk at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 931-4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On March 8, 2023 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov

1 MINUTES OF THE SPECIAL WORKSHOP OF THE UPLAND CITY COUNCIL

February 27, 2023
Council Chamber - Special Workshop
City Hall, 460 N Euclid Avenue

Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The Special Workshop of the Upland City Council was called to order by Mayor Bill Velto at 6:00 p.m. in the Council Chamber of the Upland City Hall.

2. ORAL COMMUNICATIONS
Tammy Rapp, stated that Historic Downtown Upland (HDU) Board Members were present and available to offer information or answer questions of the Council.

Melissa DuBeck, Paulie's Pizza Pub, stated that the current leadership of HDU was not suitable, and the downtown has lost events. She further stated she would like the downtown to grow again.

Linda Trawnik, former HDU Board Member stated being a board member is a difficult position and full time job, if done well. She further stated that the money should be spent in a manner that is fair to everyone in the downtown.

Terri Galdo, Upland Chamber, stated she would like to see a committee formed to discuss the options for PBIA funding use and hold a workshop to discuss the options.

Mark Davidson, stated that the problems in the downtown are due to disagreements among businesses and that everyone should have the same agenda and do what is best for all of the businesses.

Amy Plunket, HDU Board Member, stated that the position is volunteer based and felt that some public comments did not reflect the actions of board.

Giuseppe Mancuso, new business owner in downtown, stated that everyone has the same goal, to make the downtown somewhere that everyone wants to come dine and shop.

3. AGENDA ITEMS
a. REPORT ON DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA (PBIA) FUNDS
Development Services Director Dalquest presented the staff report, along with a PowerPoint Presentation, which is on file in the City Clerk's office.

2 There was discussion regarding division among businesses, city responsibilities for maintenance of the downtown, funding for parking, events in the downtown, and the expenditure of PBIA funds.

HDU Board Member Tammy Rapp provided clarification regarding the activities of the Board, history of the PBIA funding, and commented on the lack of foot traffic in the downtown.

Development Services Director Dalquest answered questions regarding PBIA expenditures and provided information on future plans for the downtown.

Moved by: Councilmember Maust
Seconded by: Councilmember Zuniga
Direct staff to move forward with option three in the staff report which would terminate the Policy and Plan and designate staff to spend the PBIA funds.

Motion: Carried Unanimously

4. ADJOURNMENT
Mayor Velto adjourned the Special Workshop at 6:57 p.m. The next regularly scheduled City Council meeting is Monday, February 27, 2023 at 7 p.m.

Keri Johnson, City Clerk

1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL

February 27, 2023
7:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

Members Present: Mayor Bill Velto, Councilmember Carlos A. Garcia, Councilmember James Breitling, Councilmember Shannan Maust, Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 7:07 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
None.

3. ORAL COMMUNICATIONS
None.

4. CLOSED SESSION

5. INVOCATION
Reverend Jan Chase, Unity Church of Pomona

6. PLEDGE OF ALLEGIANCE
Led by Councilmember Garcia

7. PRESENTATIONS
Recognition of Frank and Judy Robertson of Dry Dock Depot by Assistant Fire Chief Birchfield.

Upland Sister City Association Presentation by Ann Thomas.

8. CITY ATTORNEY
City Attorney Deitsch stated he did not have anything to report.

9. ORAL COMMUNICATIONS
Kathryn Martens, spoke against discrimination, ignorance, and intolerance and stated that the spirit of resolution must be lived out in the community.

2 Kim Anthony-Morrow, Upland, expressed gratitude to Council for the courage and commitment to have a discussion condemning hate crimes and discrimination.

Rabbi Stephen Epstein, stated the proposed resolution would show that people who have been targeted by hate crimes are not alone and suggested the City bring together representatives from groups to serve on a task force to develop a citywide plan to combat hatred.

Reverend Jan Chase, stated hatred is a sickness that spreads through communities and nations and that the proposed resolution is a beginning, but only a beginning.

Jerry Fenning, Upland, stated that he supports the proposed resolution denouncing racism and suggested several items be included in the proposed resolution.

Janice Elliott, speaking of behalf of Upland Interfaith Council, hoped that the Council would adopt the proposed resolution and address recent events in the community.

Robin Allen, Pepper Tree PTA President, provided information on her background and challenged the community to have discussions about racism.

Roxana Muro, Upland, stated that over the Thanksgiving break they received anti- Semitic literature in their front yard and spoke in support of the proposed resolution condemning hate crimes.

Brian Taylor, requested that public comment be moved to after staff presentations and spoke against the proposed water and recycled water rate increase.

Tommy Morrow, publisher of Inland Valley Newspaper Group, stated that he stands with the Mayor and Council denouncing hate in the community and that the community should be able to live in harmony and peace. He further suggested that the City and Inland Valley News Group partner in a grant opportunity.

Motion by Mayor Velto, to move Item 13C to this point in the meeting for consideration, seconded by Councilmember Breitling, and carried unanimously.

10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10E for separate action.

Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Approve the Consent Calendar
Motion: Carried Unanimously

a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of February 13, 2023. (Staff Person: Keri Johnson)
b. 2ND READING OF ORDINANCE NO. 1978 AMENDING SECTION 5.04.280 OF

THE UPLAND MUNICIPAL CODE CONCERNING REVOCATION OF

BUSINESS LICENSES FOR UNLAWFUL POSSESSION OF CATALYTIC

CONVERTERS

3 Hold second reading by title only, waive further reading, and adopt Ordinance No.1978 amending Section 5.04.280 of the Upland Municipal Code concerning unlawful possession of catalytic converters.
c. CONSIDER APPROVAL OF USE OF AMERICAN RESCUE PLAN ACT FUNDS

AND PROGRAM GUIDELINES FOR RAISE UP GRANT PROGRAM
Approve the program guidelines relative to funding the Raise-UP (Restaurant Assistance for Increased Sales and Efficiency - Upland) Grant Program and authorize the City Manager to allocate $219,792 from the American Rescue and Recovery Plan Act to fund the Program.
d. APPROVE A PURCHASE ORDER WITH WEST COAST LIGHTS AND SIRENS Approve the purchase order with West Coast Lights and Siren for installation and repair of Police and City vehicle emergency equipment in the amount of $210,000; and authorize the City Manager to execute all necessary documents. f. CONSIDERATION OF A CONTRACT EXTENSION FOR GRAFFITI REMOVAL

SERVICES
Approve a contract term extension regarding Professional Service Agreement 19-002, between the City of Upland and Graffiti Protective Coatings, Inc. for graffiti removal and abatement and authorize the City Manager to execute all related documents to implement the agreement.
e. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT FOR

TEMPORARY MAINTENANCE WORKERS
Public Works Director Yu answered questions posed by the Council regarding the temporary maintenance workers.

Moved by: Councilmember Zuniga
Seconded by: Councilmember Breitling
Award a Professional Service Agreement with Staffing Network, LLC & QPA for temporary staffing augmentation (Laborer/Maintenance Worker) in the amount of $50,000; approve an additional allocation of general funding in the amount of $50,000, and authorize the City Manager to execute all necessary and related documents to implement the Agreement and any future amendment and/or extensions.

Motion: Carried Unanimously

11. PUBLIC HEARINGS

12. COUNCIL COMMITTEE REPORTS

13. BUSINESS ITEMS
a. CONSIDERATION OF A WATER AND RECYCLED WATER RATE

ADJUSTMENT
Public Works Director Yu presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.

4 Director Yu answered question posed by the Council regarding the fixed meter fees, the timeline for the next water rate study, and a potential four tier water rate.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Adopt Resolution No. 6707 implementing the previously approved water rates scheduled to take effect on January 1, 2023 and finding this action exempt from the California Environmental Quality Act.

Motion: Carried Unanimously

b. MID-YEAR BUDGET REVIEW 2022-23
Assistant City Manager Parker presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.

Assistant City Manager Parker answered questions posed by the Council regarding American Rescue Plan Act funds and park improvements.

Public Works Director Yu answered questions posed by the Council regarding the duties of the proposed facilities specialist position.

Moved by: Councilmember Maust
Seconded by: Councilmember Garcia
Receive and file the Mid-Year Budget Review for Fiscal Year 2022/23, approve the Mid-Year Budget Review's Proposed Adjustments including an additional $165,250 transfer from the general fund to the Building Maintenance and Operations Fund for park restroom renovations; and approve the updated Schedule of Positions.

Motion: Carried Unanimously

c. DISCUSSION OF A POTENTIAL RESOLUTION CONDEMNING HATE CRIMES

AND ANY OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC BIAS,

DISCRIMINATION, INCITEMENT OF VIOLENCE, OR TARGETING A

MINORITY
City Manager Blay presented the staff report which is on file in the City Clerk's office.

The Council discussed a potential Resolution denouncing hate crimes, response to future occurrences of racism in the community, partnering with community groups educating the public, and potential resources to bring change in the community.

Police Chief Blanco provided information on the how the public can report incidents of hate speech that may not be considered hate crimes but can be documented and tracked.

5 Council directed City Manager Blay to bring back a Resolution for Council consideration. Encouraged faith based organizations and community groups to come together to combat racism and hate crimes.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Direct staff to bring back a resolution condemning hate crimes and any other form of racism, religious or ethnic bias, discrimination, incitement of violence or targeting a minority.

Motion: Carried Unanimously

14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.

15. CITY MANAGER
City Manager Blay announced that the California Department of Food and Agriculture recently confirmed the presence of the citrus disease huanglongbing (HLB) in citrus trees in nearby communities.

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 9:10 p.m. The next regularly scheduled City Council meeting is Monday, March 13, 2023.

Keri Johnson, City Clerk

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: DESIGNATION OF PROXIES AND PROPOSED SLATE OF DIRECTORS FOR SAN

ANTONIO WATER COMPANY BOARD AND WEST END CONSOLIDATED WATER

COMPANY BOARD

RECOMMENDED ACTION:

It is recommended that the City Council appoint Rudy Zuniga as proxy to vote all shares at the annual stockholder’s meeting of the San Antonio Water Company for the slate of directors; and to include the reappointment of Bob Bowcock, Will Elliott, Martha Goss, and Rudy Zuniga to the proposed Board slate. Further recommend that the Council appoint Shannan Maust as proxy to vote all shares at the annual stockholder’s meeting for the West End Consolidated Water Company Board of Directors and to include the reappointment of Kati Parker and Shelly Verrinder to the proposed Board slate.

GOAL STATEMENT
The proposed action supports the City’s goal of (insert goal).

BACKGROUND
The City of Upland owns controlling interests in two private mutual water companies: San Antonio Water Company (SAWCo) and the West End Consolidated Water Company (West End). As a shareholde r, the City is entitled to vote in the elections to select the board of directors of these companies, which it does through a proxy appointed by the City Council. Because the City has a controlling interest in these companies, the City Council’s direction to its proxy has the practical effect of naming the directors for SAWCo and West End. This control allows the City Council to ensure these companies take the City's interests into consideration in their respective business decisions.

ISSUES AND ANALYSIS
SAWCo will hold its next annual meeting on April 11, 2023, at which four board seats will be voted on. Board Members serve four year terms. A City proxy will also need to be designated. The current SAWCo board and the positions under consideration are as follows:

Existing Director Term Expiration Proposed Director Term Expiration Bob Bowcock April 2023 Bob Bowcock April 2027
Will Elliott April 2023 Will Elliott April 2027
Martha Goss April 2023 Martha Goss April 2027
Rudy Zuniga April 2023 Rudy Zuniga April 2027
Bob Cable April 2025
Bill Velto April 2025
Kati Parker April 2025

West End will hold its next annual meeting in April 2023, at which two board seats will be voted on. Similarly to SAWCo, each member serves a four-year term. A City proxy will also need to be designated.

The current West End board and the positions under consideration are as follows:

Existing Director Term Expiration Proposed Director Term Expiration Kati Parker April 2023 Kati Parker April 2027
Shelly Verrinder April 2023 Shelly Verrinder April 2027

Janice Elliott April 2025
Carlos A. Garcia April 2025
Shannan Maust April 2025

ENVIRONMENTAL DETERMINATION
Not a project.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER ADOPTION OF A RESOLUTION CONDEMNING HATE CRIMES AND ANY

OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC BIAS, DISCRIMINATION,

INCITEMENT OF VIOLENCE, OR TARGETING A MINORITY

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority.

GOAL STATEMENT
The proposed action supports the City’s goal to create a safe and inclusive community where all individuals are treated with dignity and respect, free from the harmful effects of racism and discrimination.

BACKGROUND
The Upland community has been subjected to hate incidents, including the distribution of hateful flyers targeting the Jewish community. The flyer's hateful message has triggered a community conversation about Upland's values and commitment to diversity, human rights, and civility. Upland is not the only community to have received these flyers.

Residents in the cities of Claremont and Rancho Cucamonga have also received the flyers, which illustrate a growing trend of hate incidents seen in communities regionally and across the State.

ISSUES AND ANALYSIS
At the meeting of February 27, 2023, the City Council discussed condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority. The City Council expressed their desire to adopt a resolution denouncing any form of prejudice or bigotry based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic.

The Council directed staff to prepare the proposed resolution which is attached for consideration and adoption.

ENVIRONMENTAL DETERMINATION
Not a project.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, CONDEMNING HATE CRIMES AND

ANY OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC

BIAS, DISCRIMINATION, INCITEMENT OF VIOLENCE, OR

TARGETING A MINORITY

WHEREAS, the City of Upland wishes to ensure that Upland is a desirable place to live, work, play, and do business; and

WHEREAS, the City of Upland values and fosters inclusivity, diversity, equity, and acceptance; and

WHEREAS, the City of Upland condemns hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting any minority; and

WHEREAS, the City Council denounces any form of prejudice or bigotry based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic.

WHEREAS, in the past several years, violent crimes, threats of violence, targeting of religious, racial, and ethnic minorities have increased across the United States; and

WHEREAS, Upland is not immune to the increases in hate crimes, with recent incidents highlighting this alarming trend; and

WHEREAS, the Upland City Council wishes to promote an atmosphere of acceptance, tolerance, and respect in the community.

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

Section 1. The Upland City Council rejects hate-motivated acts as an attack on the values of our society and the fundamental tenants of the Unites States Constitution.

Section 2. The Upland City Council affirms the basic rights of all people to live in a safe environment free from discrimination, intimidation, threats, or fear.

Section 3. The City of Upland will investigate all credible reports of hate crimes and incidents and threats against minorities and hold perpetrators of those crimes, incidents, and threats accountable.

Section 4. The City Council calls upon all Upland residents to speak out against acts of hate, bullying, discrimination, and violence.

Section 5. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct

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

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 7. 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 8. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 13th day of March, 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 13th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: ANNUAL CITY ETHICS REVIEW

RECOMMENDED ACTION:

It is recommended that the City Council receive and file this report on the annual city ethics review.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining high ethical standards for staff and elected officials.

BACKGROUND
In 2011, the Upland City Council established Municipal Code Section 2.56 – Code of Ethics and Conduct. This chapter defines the scope and purpose of an ethical code of conduct, examples of prohibited conduct, and penalties for unethical behavior.

Section 2.56.090 of the code requires an annual review of the effectiveness of this policy by the City Council and presented by the City Manager.

ISSUES AND ANALYSIS
The creation and maintenance of an ethical culture is imperative to a successful municipal government. As such, the Upland City Council and Executive Staff recognize that ongoing modeling, training, and leadership is required to maintain a foundation of ethics.

Every elected official and public employee who make or influence governmental decisions is req uired to submit a Statement of Economic Interest known as Form 700. In addition, AB 1234 Chapter 700 requires cities, counties, and special districts to provide ethics training to these same officials.

As such, in December 2022 all elected officials and designated employees that are required to submit a Form 700, and had not completed a minimum of two hours of ethics training within the prior two years were offered a training provided by our City Attorney. Anyone who could not attend that training completed the two hour online training course provided by the Fair Political Practices Commission. The City had 100% compliance among city officials and designated employees for this training.

In February 2023 all remaining Upland City Employees were required to complete an online ethics training course provided by the City’s risk management partner Keenan and Associates. Course topics include: Ethics and Money, Ethics and Co-Workers, Scenario based training, and a final assessment. At this time 98.39% of all City staff have completed the required training.

Maintaining an ethical culture is the responsibility of every employee and appropriate systems are in place for the reporting and investigation of unethical conduct.

ENVIRONMENTAL DETERMINATION
Not a project.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

LONDA BOCK-HELMS, CPA, FINANCE OFFICER
SUBJECT: TREASURER’S REPORT JANUARY 2023

RECOMMENDED ACTION:

It is recommended that the City Council receive and file the January 2023 Treasurer’s Report.

GOAL STATEMENT
The proposed action supports the City’s goal to manage the City’s resources in a fiscally responsible manner.

BACKGROUND
Per California Government Code Section 53646(b), the City’s treasurer or chief fiscal officer may render a treasurer’s report to the City Council on a quarterly basis. The City has elected to provide this report to City Council monthly, but the City of Upland’s Investment Police (Approved May 23, 2022) requires the Investment Officer to provide a report quarterly to the Finance Committee at regularly scheduled meetings. This report shall include the type of investment, issuer, date of maturity, par, and dollar amount invested on all securities, current market value as of the date of the report, investments and monies held by the local agency, and shall additionally include a description of any of the local agency’s funds, investments, or programs, that are under the management of contracted parties, including lending programs. The report shall include a statement of compliance with the investment policy and shall include a statement noting the City’s ability to meet its expenditure requirements for the nex t six months.

ISSUES AND ANALYSIS
The submission of the monthly Treasurer’s Report is a compliance measure.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA, ASSISTANT CITY MANAGER

LONDA BOCK-HELMS, CPA, FINANCE OFFICER
SUBJECT: APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS

RECOMMENDED ACTION:

It is recommended that the City Council approve the February warrant registers (check numbers 42188-42534 and direct disbursements totaling $9,043,210.40 and payroll registers totaling $1,498,744.06 (check numbers 162989- 163011 and electronic fund transfers 38879-39380).

GOAL STATEMENT
The proposed action supports the City’s goal of managing the City’s resources in a fiscally responsible and transparent manner.

BACKGROUND
The City Council is presented with the financial disbursements for the purchase of materials, supplies, services, capital projects, and payroll warrants issued in the prior month. This process provides the City Council the opportunity to review monthly expenses of the city.

ISSUES AND ANALYSIS
In accordance with Government Code 37208, the Finance Officer hereby certifies that the attached warrant registers, direct disbursements, and payroll registers have been found to conform to the approved budget and have been paid.

These demands are submitted to the City Council for review and approval.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
Funds are available for the payment of the warrant registers, direct disbursements, and payroll registers in accordance with the FY 2022-23 operating budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42188 02/01/2023 PRINTED 37 5 STAR JANITORIAL 3,848.00
42189 02/01/2023 PRINTED 291 ADVANCE STORE CO, INC 2,479.17 42190 02/01/2023 PRINTED 3 AIRGAS USA LLC 830.92
42191 02/01/2023 PRINTED 1396 ALVAREZ, MARIA ELENA 384.75 42192 02/01/2023 PRINTED 1291 AMTECH ELEVATOR SERVICES 1,211.64 42193 02/01/2023 PRINTED 131971 ANNEALTA GROUP 7,200.00 42194 02/01/2023 PRINTED 289 ARROW TRAILER SUPPLIES INC 40.99 42195 02/01/2023 PRINTED 6683 ATMAA INC 3,020.00
42196 02/01/2023 PRINTED 715 BACKFLOW PREVENTION DEVICE INSPECTIONS, INC 268.28 42197 02/01/2023 PRINTED 1428 BAIRD + DRISKELL + ABRAMS COMMUNITY PLANNING 14,018.75 42198 02/01/2023 PRINTED 3987 BALDY VIEW GYMNASTICS 687.18 42199 02/01/2023 PRINTED 119661 BEST BEST & KRIEGER LLP 27,869.52 42200 02/01/2023 PRINTED 120021 BRIGHTVIEW 216,809.19
42201 02/01/2023 PRINTED 1273 SOUTHWEST CONCRETE PRODUCTS 1,024.72 42202 02/01/2023 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO & RIVERSIDE 4,085.00 42203 02/01/2023 PRINTED 1479 MAP COMMUNICATIONS INC 1,203.50 42204 02/01/2023 PRINTED 82791 CHEM PRO LLC 317.00
42205 02/01/2023 PRINTED 1877 FRANCISCO MONRREAL 420.22 42206 02/01/2023 PRINTED 448 CINTAS CORPORATION 1,794.46 42207 02/01/2023 PRINTED 521 COUPLAND, DONNA 411.72
42208 02/01/2023 PRINTED 366 CRAFCO INC 461.01
42209 02/01/2023 PRINTED 1500 ONLINE REPLACEMENT CUSHIONS INC 63.57 42210 02/01/2023 PRINTED 16701 ENVIROMINE 5,119.25
42211 02/01/2023 PRINTED 4402 VARGAS, LUPE B 460.00
42212 02/01/2023 PRINTED 97141 EUROFINS EATON ANALYTICAL INC 2,180.00 42213 02/01/2023 PRINTED 1165 EWING IRRIGATION 1,010.93 42214 02/01/2023 PRINTED 974 FC & SONS ROOFING INC 7,098.00 42215 02/01/2023 PRINTED 3266 FOOTHILL FAMILY SHELTER 3,750.00 42216 02/01/2023 PRINTED 96251 FORD OF UPLAND 117.66
42217 02/01/2023 PRINTED 99418 FRANCHISE TAX BOARD 150.00 42218 02/01/2023 PRINTED 932 GANAHL LUMBER CO.1,878.27
42219 02/01/2023 PRINTED 129521 GRAFIX SYSTEMS 32.33
42220 02/01/2023 PRINTED 290 GRAINGER 270.17
42221 02/01/2023 PRINTED 72691 HAAKER EQUIPMENT CO 132.79 42222 02/01/2023 PRINTED 306 HACH CO 115.78
42223 02/01/2023 PRINTED 90227 HEARD'S INVESTIGATIONS AND POLYGRAPH, LLC 600.00 42224 02/01/2023 PRINTED 329 HOLLIDAY ROCK CO INC 185.33 42225 02/01/2023 PRINTED 4495 HOSE-MAN INC 92.84
42226 02/01/2023 PRINTED 1333 HR GREEN PACIFIC 23,507.51 42227 02/01/2023 PRINTED 4719 INTERSTATE BATTERIES 322.17 42228 02/01/2023 PRINTED 114501 INTERWEST CONSULTING GROUP 1,610.00 42229 02/01/2023 PRINTED 545 JEFF JENKINS SERVICE TECHNICIAN 2,734.32 42230 02/01/2023 PRINTED 79821 K S M ELECTRIC 27,264.78 42231 02/01/2023 PRINTED 80561 KEENAN & ASSOCIATES 5,075.00 42232 02/01/2023 PRINTED 15595 L D M ASSOCIATES INC 10,640.00 42233 02/01/2023 PRINTED 445 MATHISEN OIL CO INC 2,207.96 42234 02/01/2023 PRINTED 117121 NUCKLES OIL COMPANY INC 15,488.04 42235 02/01/2023 PRINTED 6625 P F SERVICES INC 3,535.95 42236 02/01/2023 PRINTED 4509 PARKHOUSE TIRE INC 275.55 42237 02/01/2023 PRINTED 33021 PELLITTERI, CHRISTOPHER 379.05 42238 02/01/2023 PRINTED 16032 PLUMBERS DEPOT INC 5,135.81 42239 02/01/2023 PRINTED 16760 POLY-CORR INDUSTRIES INC 862.00 42240 02/01/2023 PRINTED 1257 PONTON INDUSTRIES 7,408.05 42241 02/01/2023 PRINTED 16823 PRE PAID LEGAL SVC, INC 86.70 42242 02/01/2023 PRINTED 869 PPS ENTERPRISES, INC 757.97 City of Upland
Accounts Payable Check Reconciliation Register
02/01/23 - 02/28/23
Prepared By: Maria Serna Page 1 3/2/2023Page 48 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42243 02/01/2023 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 311.85 42244 02/01/2023 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 378.00 42245 02/01/2023 PRINTED 1417 LAWRENCE CABRAL JR 700.00 42246 02/01/2023 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 900.00 42247 02/01/2023 PRINTED 3662 SAFETY-KLEEN SYSTEMS, INC 70.00 42248 02/01/2023 PRINTED 3662 SAFETY-KLEEN SYSTEMS, INC 228.83 42249 02/01/2023 PRINTED 210 SALDANA DIAZ, NURYS E.262.33 42250 02/01/2023 PRINTED 601 SAN ANTONIO WATER CO 203,171.02 42251 02/01/2023 PRINTED 2225 SAN BERNARDINO COUNTY FIRE DEPT 1,137.00 42252 02/01/2023 PRINTED 1393 SIDEPATH INC 487,725.09
42253 02/01/2023 PRINTED 407 SINGLETON, DENICE 290.70
42254 02/01/2023 PRINTED 99141 SONSRAY MACHINERY LLC 340.53 42255 02/01/2023 PRINTED 3835 SOUTH COAST A Q M D 810.43 42256 02/01/2023 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 574.93 42257 02/01/2023 PRINTED 627 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT 569.40 42258 02/01/2023 PRINTED 93351 STEVE'S FIVE STAR SERVICE INC 257.00 42259 02/01/2023 PRINTED 492 STEVE'S PROFESSIONAL GLASS TINTING & AUTO SECURITY 500.74 42260 02/01/2023 PRINTED 1397 SUNBELT FLOORING INC 26,899.50 42261 02/01/2023 PRINTED 935 TERMINIX INTERNATIONAL 11,737.00 42262 02/01/2023 PRINTED 11583 THOMPSON PLUMBING SUPPLY 24.28 42263 02/01/2023 PRINTED 1347 TINKERSPACE, INC 299.25
42264 02/01/2023 PRINTED 16541 ANDREW TODD 262.68
42265 02/01/2023 PRINTED 1725 WEST COAST ARBORISTS INC 2,471.25 42266 02/01/2023 PRINTED 134051 WEST COAST LIGHTS AND SIRENS 11,189.31 42267 02/01/2023 PRINTED 97071 WEST VALLEY MRF 3,110.07 42268 02/01/2023 PRINTED 14050 WILLDAN FINANCIAL SERVICES 13,750.00 42269 02/01/2023 PRINTED 5193 ZAILO, ROBERT 140.40
42270 02/01/2023 PRINTED 999999 HOMESTEAD STEAKS 220.00 42271 02/01/2023 PRINTED 999999 TIMELESS CONSTRUCTION GROUP 670.00 42272 02/08/2023 PRINTED 82591 1-800 RADIATOR 215.50
42273 02/08/2023 PRINTED 36721 ALHAMBRA REPROGRAPHICS INC 307.59 42274 02/08/2023 PRINTED 99181 ACCOUNTEMPS 4,420.00
42275 02/08/2023 PRINTED 14 ACTION AWARDS 931.95
42276 02/08/2023 PRINTED 207 ADLERHORST INTERNATIONAL LLC 70.04 42277 02/08/2023 PRINTED 86261 ADORAMA 24,819.86
42278 02/08/2023 PRINTED 291 ADVANCE STORE CO, INC 148.12 42279 02/08/2023 PRINTED 1243 AMERICAN GLOBAL SECURITY, INC 11,566.66 42280 02/08/2023 PRINTED 59121 ARMORCAST 8,081.25
42281 02/08/2023 PRINTED 289 ARROW TRAILER SUPPLIES INC 258.49 42282 02/08/2023 PRINTED 1348 BAST, KAY 150.00
42283 02/08/2023 PRINTED 1769 BIO-TOX LABORATORIES 6,149.00 42284 02/08/2023 PRINTED 120021 BRIGHTVIEW 73,192.67
42285 02/08/2023 PRINTED 112 C P CONSTRUCTION CO 9,500.00 42286 02/08/2023 PRINTED 1372 ALEXANDER CARRASCO JR 6,500.00 42287 02/08/2023 PRINTED 655 SCA OF CA LLC 229.50
42288 02/08/2023 PRINTED 1306 COMPLETE PAPERLESS SOLUTIONS 42,693.00 42289 02/08/2023 PRINTED 366 CRAFCO INC 456.72
42290 02/08/2023 PRINTED 1588 DIAZ, YESENIA 310.00
42291 02/08/2023 PRINTED 1585 EMPIRE PRINTING & PUBLISHING, INC 1,023.63 42292 02/08/2023 PRINTED 2435 EVERSOFT 839.26
42293 02/08/2023 PRINTED 10485 EXPERIAN 77.00
42294 02/08/2023 PRINTED 78 FRONTIER 99.10
42295 02/08/2023 PRINTED 78 FRONTIER 128.25
42296 02/08/2023 PRINTED 78 FRONTIER 340.00
42297 02/08/2023 PRINTED 78 FRONTIER 564.11
42298 02/08/2023 PRINTED 78 FRONTIER 1,238.72
42299 02/08/2023 PRINTED 78 FRONTIER 1,745.67
42300 02/08/2023 PRINTED 58311 G H A TECHNOLOGIES 17,057.38 42301 02/08/2023 PRINTED 1192 GATEWAY PACIFIC CONTRACTORS, INC 281,190.15 42302 02/08/2023 PRINTED 28871 GRAFFITI PROTECTIVE COATINGS 6,668.20 Prepared By: Maria Serna Page 2 3/2/2023Page 49 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42303 02/08/2023 PRINTED 3231 HINDERLITER, DE LLAMAS & ASSOCIATES 3,079.32 42304 02/08/2023 PRINTED 329 HOLLIDAY ROCK CO INC 4,244.57 42305 02/08/2023 PRINTED 3430 INLAND EMPIRE STAGES, LTD 2,586.72 42306 02/08/2023 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 156,832.63 42307 02/08/2023 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 42308 02/08/2023 PRINTED 1133 DISTRIBUTOR OPERATIONS INC 116.13 42309 02/08/2023 PRINTED 635 RENTOKIL NORTH AMERICA INC 1,222.20 42310 02/08/2023 PRINTED 63221 J C I JONES CHEMICALS INC 5,045.46 42311 02/08/2023 PRINTED 79821 K S M ELECTRIC 38,162.12 42312 02/08/2023 PRINTED 1415 KEYSTONE RIDGE DESIGNS INC 64,669.00 42313 02/08/2023 PRINTED 26101 KONICA MINOLTA 8,738.54
42314 02/08/2023 PRINTED 53241 KONICA MINOLTA BUSINESS SOLUTIONS 42.59 42315 02/08/2023 PRINTED 4500 KOONTZ, CLYDE 1,203.09
42316 02/08/2023 PRINTED 197 LOS ANGELES FREIGHTLINER 675.75 42317 02/08/2023 PRINTED 552 MEGA BANK 129,267.23
42318 02/08/2023 PRINTED 1473 NUTT, STEVE H 4,200.00
42319 02/08/2023 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 508.00 42320 02/08/2023 PRINTED 1401 NATIONAL BUSINESS FURNITURE LLC 3,160.42 42321 02/08/2023 PRINTED 1159 PARKMOBILE LLC 23.45
42322 02/08/2023 PRINTED 121401 PRECISION SURVEY SUPPLY INC 32,411.20 42323 02/08/2023 PRINTED 657 QUAD COUNTY PAINTING INC 1,875.00 42324 02/08/2023 PRINTED 349 RAIN MASTER IRRIGATION SYSTEMS 299.85 42325 02/08/2023 PRINTED 240 RICHARD BRADY & ASSOCIATES INC 59,111.49 42326 02/08/2023 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 4,468.15 42327 02/08/2023 PRINTED 1591 COUNTY OF RIVERSIDE 1,200.00 42328 02/08/2023 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 300.00 42329 02/08/2023 PRINTED 90591 S & J SUPPLY CO INC 52,562.00 42330 02/08/2023 PRINTED 2225 SAN BERNARDINO COUNTY FIRE 26,806.34 42331 02/08/2023 PRINTED 412 CORBY, RUSSELL G 955.33
42332 02/08/2023 PRINTED 131121 SHRED-IT USA JV LLC 220.89 42333 02/08/2023 PRINTED 1578 SKAUG TRUCK BODY WORKS 6,798.50 42334 02/08/2023 PRINTED 99141 SONSRAY MACHINERY LLC 136,052.17 42335 02/08/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 669.00 42336 02/08/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,318.27 42337 02/08/2023 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 4,129.47 42338 02/08/2023 PRINTED 10218 STATE OF CALIFORNIA DMV 1,542.00 42339 02/08/2023 PRINTED 127551 STEVE'S HEATING AND AIR 545.00 42340 02/08/2023 PRINTED 1014 SUNSET ELECTRICAL CONTRACTORS 27,822.85 42341 02/08/2023 PRINTED 82101 T & G ROOFING CO 536.00
42342 02/08/2023 PRINTED 62111 THE BRONSTEIN COMPANY, INC 2,800.00 42343 02/08/2023 PRINTED 134091 TYLER BUSINESS FORMS 629.68 42344 02/08/2023 PRINTED 11484 U S BANK 2,000.00
42345 02/08/2023 PRINTED 62571 HD SUPPLY FACILITIES MAINTENANCE LTD.382.39 42346 02/08/2023 PRINTED 512 VALUED ENGINEERING, INC 4,300.00 42347 02/08/2023 PRINTED 133941 VERIZON 1,485.06
42348 02/08/2023 PRINTED 14735 VERIZON WIRELESS 16,006.76 42349 02/08/2023 PRINTED 14735 VERIZON WIRELESS 40.01
42350 02/08/2023 PRINTED 14735 VERIZON WIRELESS 40.01
42351 02/08/2023 PRINTED 14735 VERIZON WIRELESS 46.02
42352 02/08/2023 PRINTED 14735 VERIZON WIRELESS 46.45
42353 02/08/2023 PRINTED 14735 VERIZON WIRELESS 120.03
42354 02/08/2023 PRINTED 14735 VERIZON WIRELESS 121.32
42355 02/08/2023 PRINTED 14735 VERIZON WIRELESS 212.07
42356 02/08/2023 PRINTED 14735 VERIZON WIRELESS 282.22
42357 02/08/2023 PRINTED 14735 VERIZON WIRELESS 301.79
42358 02/08/2023 PRINTED 14735 VERIZON WIRELESS 320.08
42359 02/08/2023 PRINTED 14735 VERIZON WIRELESS 428.77
42360 02/08/2023 PRINTED 14735 VERIZON WIRELESS 9,244.30 42361 02/08/2023 PRINTED 1436 WASTE, JACOB 81.55
42362 02/08/2023 PRINTED 392 WAXIE SANITARY SUPPLY 2,787.01 Prepared By: Maria Serna Page 3 3/2/2023Page 50 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42363 02/08/2023 PRINTED 1725 WEST COAST ARBORISTS INC 26,964.05 42364 02/08/2023 PRINTED 176 WRIGHT, DEVON 154.05
42365 02/08/2023 PRINTED 51 STEVEN WYNO 18.00
42366 02/08/2023 PRINTED 999999 EVOLUTION SOLAR 393.60
42367 02/15/2023 PRINTED 82591 1-800 RADIATOR 177.79
42368 02/15/2023 PRINTED 73931 4IMPRINT 272.98
42369 02/15/2023 PRINTED 99181 ACCOUNTEMPS 1,620.00
42370 02/15/2023 PRINTED 292 ACEVEDO, VICTOR 387.00
42371 02/15/2023 PRINTED 291 ADVANCE STORE CO, INC 785.02 42372 02/15/2023 PRINTED 862 BADGER METER INC 4,201.38
42373 02/15/2023 PRINTED 1374 BALCO HOLDINGS INC 901.00 42374 02/15/2023 PRINTED 1519 FERNANDO MADRID 7,150.00
42375 02/15/2023 PRINTED 1130 BLANCO, MARCELO 182.25
42376 02/15/2023 PRINTED 120021 BRIGHTVIEW 1,757.57
42377 02/15/2023 PRINTED 195 CALIFORNIA NEWSPAPERS PARTNERSHIP 1,453.61 42378 02/15/2023 PRINTED 82791 CHEM PRO LLC 317.00
42379 02/15/2023 PRINTED 663 CHEMSCAN, INC.8,240.17
42380 02/15/2023 PRINTED 448 CINTAS CORPORATION #150 4,302.98 42381 02/15/2023 PRINTED 1500 ONLINE REPLACEMENT CUSHIONS INC 105.60 42382 02/15/2023 PRINTED 401 DANIEL RODRIGUEZ 125.00
42383 02/15/2023 PRINTED 16636 DELL MARKETING LP 5,449.95 42384 02/15/2023 PRINTED 1425 HONG, JAMES 387.90
42385 02/15/2023 PRINTED 4402 VARGAS, LUPE B 845.00
42386 02/15/2023 PRINTED 73401 ERNIE'S DISCOUNT ROOTER 125.00 42387 02/15/2023 PRINTED 1587 EXPRESS BRAKE SUPPLY & DISTRIBUTORS INC 329.66 42388 02/15/2023 PRINTED 974 FC & SONS ROOFING INC 1,924.00 42389 02/15/2023 PRINTED 248 FENCE CRAFT OF UPLAND 1,827.94 42390 02/15/2023 PRINTED 96251 FORD OF UPLAND 213.55
42391 02/15/2023 PRINTED 58311 G H A TECHNOLOGIES 2,452.57 42392 02/15/2023 PRINTED 290 GRAINGER 647.56
42393 02/15/2023 PRINTED 1171 CLEMENT, RICHARD N 23,480.00 42394 02/15/2023 PRINTED 329 HOLLIDAY ROCK CO INC 645.43 42395 02/15/2023 PRINTED 629 HONEYCOTT, INC 460.00
42396 02/15/2023 PRINTED 16340 INFOSEND INC 9,291.00
42397 02/15/2023 PRINTED 662 INK SLINGER SCREEN PRINTING & EMBROIDERY INC 2,799.88 42398 02/15/2023 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 37,822.40 42399 02/15/2023 PRINTED 106951 INTEGRATED TECHNOLOGY 9,502.58 42400 02/15/2023 PRINTED 114501 INTERWEST CONSULTING GROUP 3,135.00 42401 02/15/2023 PRINTED 635 RENTOKIL NORTH AMERICA INC 247.50 42402 02/15/2023 PRINTED 48371 JEEP CHRYSLER OF ONTARIO 747.89 42403 02/15/2023 PRINTED 913 JOEL'S AUTOMOTIVE, INC 4,839.03 42404 02/15/2023 PRINTED 1580 LETS - A LAW ENFORCEMENT TECHNOLOGIES CORP 4,995.00 42405 02/15/2023 PRINTED 122601 LOWE'S 2,433.72
42406 02/15/2023 PRINTED 1488 LUPERCIO, EDGAR 80.00
42407 02/15/2023 PRINTED 16385 MAIN STREET SIGNS 127.15 42408 02/15/2023 PRINTED 824 MK CONSULTING 2,270.97
42409 02/15/2023 PRINTED 1339 NEAL, KEVIN 90.00
42410 02/15/2023 PRINTED 117121 NUCKLES OIL COMPANY INC 35,077.02 42411 02/15/2023 PRINTED 1473 NUTT, STEVE H 1,400.00
42412 02/15/2023 PRINTED 6625 P F SERVICES INC 150.00
42413 02/15/2023 PRINTED 4509 PARKHOUSE TIRE INC 1,053.31 42414 02/15/2023 PRINTED 1590 PEREZ, JORGE 387.00
42415 02/15/2023 PRINTED 869 PPS ENTERPRISES, INC 4,231.30 42416 02/15/2023 PRINTED 62081 QUADIENT LEASING USA, INC 1,863.42 42417 02/15/2023 PRINTED 1000 RICHARDSON BODY SHOP CORPORATION 3,068.88 42418 02/15/2023 PRINTED 67381 ROUTE 66 CAR WASH INC 226.00 42419 02/15/2023 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 600.00 42420 02/15/2023 PRINTED 592 RYMAX ELECTRIC INC 400.00
42421 02/15/2023 PRINTED 131121 SHRED-IT USA JV LLC 81.00 42422 02/15/2023 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 504.88 Prepared By: Maria Serna Page 4 3/2/2023Page 51 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42423 02/15/2023 PRINTED 211 STATEWIDE TRAFFIC SAFETY AND SIGNS INC 2,503.61 42424 02/15/2023 PRINTED 2439 T K E ENGINEERING INC 6,432.50 42425 02/15/2023 PRINTED 1168 THE HUMAN VALUES CENTER 11,800.00 42426 02/15/2023 PRINTED 11583 THOMPSON PLUMBING SUPPLY 209.68 42427 02/15/2023 PRINTED 99981 WEST PUBLISHING CORP 1,427.41 42428 02/15/2023 PRINTED 3557 UNDERGROUND SERVICE ALERT 771.15 42429 02/15/2023 PRINTED 14735 VERIZON WIRELESS 212.93
42430 02/15/2023 PRINTED 1352 VILLELLA, AAREN 678.51
42431 02/15/2023 PRINTED 98971 WARNER, MARC 53.00
42432 02/15/2023 PRINTED 1725 WEST COAST ARBORISTS INC 54,813.75 42433 02/15/2023 PRINTED 999999 DALE JACKSON 100.00
42434 02/15/2023 PRINTED 999999 LORRAINE SMITH 66.00
42435 02/15/2023 PRINTED 999999 MITCH BORETZ 100.00
42436 02/15/2023 PRINTED 999999 TANYA GUERRA 76.00
42437 02/15/2023 PRINTED 999999 TIM MARTZ 100.00
42438 02/22/2023 PRINTED 99181 ACCOUNTEMPS 13,770.35
42439 02/22/2023 PRINTED 14 ACTION AWARDS 29.98
42440 02/22/2023 PRINTED 291 ADVANCE STORE CO, INC 809.98 42441 02/22/2023 PRINTED 1380 ADVANTEC CONSULTING ENGINEERS, INC 7,740.00 42442 02/22/2023 PRINTED 1291 AMTECH ELEVATOR SERVICES 2,346.18 42443 02/22/2023 PRINTED 12378 ATKINSON ANDELSON LOYA RUDD 1,227.33 42444 02/22/2023 PRINTED 1428 BAIRD + DRISKELL + ABRAMS COMMUNITY PLANNING 11,618.33 42445 02/22/2023 PRINTED 600 CALIFORNIA STREET LIGHTING 5,110.00 42446 02/22/2023 PRINTED 83401 CARL WARREN & CO 5,594.00 42447 02/22/2023 PRINTED 1191 CATHOLIC CHARITIES SAN BERNARDINO & RIVERSIDE 6,717.00 42448 02/22/2023 PRINTED 12511 CALIFORNIA COMPUTER SCHOOLS 125.00 42449 02/22/2023 PRINTED 1596 CHEEVER, DIANE 62.50
42450 02/22/2023 PRINTED 82791 CHEM PRO LLC 317.00
42451 02/22/2023 PRINTED 1215 CITY OF REDLANDS 890.00
42452 02/22/2023 PRINTED 122791 CODE 3 579.31
42453 02/22/2023 PRINTED 45421 COSTAR REALTY INFORMATION GROUP INC 604.00 42454 02/22/2023 PRINTED 1147 COUNTS UNLIMITED, INC 7,950.00 42455 02/22/2023 PRINTED 366 CRAFCO INC 493.17
42456 02/22/2023 PRINTED 4696 CUCAMONGA VALLEY WATER DISTRIC 66.24 42457 02/22/2023 PRINTED 65 DM CONTRACTING, INC 121,113.30 42458 02/22/2023 PRINTED 4402 VARGAS, LUPE B 220.00
42459 02/22/2023 PRINTED 10485 EXPERIAN 79.16
42460 02/22/2023 PRINTED 1486 FLORES, NORMA 63.20
42461 02/22/2023 PRINTED 1011 FOOTHILLS BANK 120,233.00 42462 02/22/2023 PRINTED 99418 FRANCHISE TAX BOARD 75.00 42463 02/22/2023 PRINTED 123041 FRIENDS OF UPL ANML SHLTR INC 610.50 42464 02/22/2023 PRINTED 78 FRONTIER 46.61
42465 02/22/2023 PRINTED 78 FRONTIER 78.33
42466 02/22/2023 PRINTED 78 FRONTIER 668.02
42467 02/22/2023 PRINTED 78 FRONTIER 114.14
42468 02/22/2023 PRINTED 58311 G H A TECHNOLOGIES 3,514.67 42469 02/22/2023 PRINTED 1342 GARCIA, CYNTHIA LEAL 76.96 42470 02/22/2023 PRINTED 129521 GRAFIX SYSTEMS 80.81
42471 02/22/2023 PRINTED 290 GRAINGER 176.51
42472 02/22/2023 PRINTED 1360 GRISWOLD INDUSTRIES 1,242.60 42473 02/22/2023 PRINTED 131101 HARRINGTON INDUSTRIAL PLASTICS 77.78 42474 02/22/2023 PRINTED 329 HOLLIDAY ROCK CO INC 1,206.91 42475 02/22/2023 PRINTED 4495 HOSE-MAN INC 181.86
42476 02/22/2023 PRINTED 153 INLAND EMPIRE UTILITIES AGENCY 188,662.21 42477 02/22/2023 PRINTED 106951 INTEGRATED TECHNOLOGY 1,149.58 42478 02/22/2023 PRINTED 1133 DISTRIBUTOR OPERATIONS INC 104.74 42479 02/22/2023 PRINTED 114501 INTERWEST CONSULTING GROUP 4,845.00 42480 02/22/2023 PRINTED 1161 IPS GROUP INC 127.95
42481 02/22/2023 PRINTED 635 RENTOKIL NORTH AMERICA INC 2,062.35 42482 02/22/2023 PRINTED 80561 KEENAN & ASSOCIATES 12,237.00 Prepared By: Maria Serna Page 5 3/2/2023Page 52 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 42483 02/22/2023 PRINTED 20251 KIRK, JACOB 501.27
42484 02/22/2023 PRINTED 1287 GALLAGHER BENEFIT SERVICES (PARENT COMPANY)4,166.25 42485 02/22/2023 PRINTED 91491 LIBRARY SYSTEMS & SERVICES LLC 15,996.34 42486 02/22/2023 PRINTED 197 LOS ANGELES FREIGHTLINER 187.35 42487 02/22/2023 PRINTED 1317 MACIAS, LUIS 169.68
42488 02/22/2023 PRINTED 16385 MAIN STREET SIGNS 344.58 42489 02/22/2023 PRINTED 345 MK SMITH CHEVROLET 96,744.49 42490 02/22/2023 PRINTED 994 MOORE FLOORING, INC 25,893.00 42491 02/22/2023 PRINTED 16233 MPOWER COMMUNICATIONS 236.87 42492 02/22/2023 PRINTED 7816 MR T'S TOWING INC 3,000.00 42493 02/22/2023 PRINTED 609 NIXON-EGIL EQUIPMENT COMPANY OF SO CALIFORNIA 232.88 42494 02/22/2023 PRINTED 30971 OCCUPATIONAL HEALTH CENTERS 295.50 42495 02/22/2023 PRINTED 64331 PACIFIC TELEMANAGEMENT SERVICE 63.00 42496 02/22/2023 PRINTED 43401 PAPER RECYCLING & SHREDDING 700.00 42497 02/22/2023 PRINTED 1731 R E S ENVIRONMENTAL INC 1,560.00 42498 02/22/2023 PRINTED 10638 RICHARDS, WATSON & GERSHON 1,470.00 42499 02/22/2023 PRINTED 1262 RUMBLE FISH PEST CONTROL INC 900.00 42500 02/22/2023 PRINTED 90591 S & J SUPPLY CO INC 1,081.78 42501 02/22/2023 PRINTED 601 SAN ANTONIO WATER CO 221,355.27 42502 02/22/2023 PRINTED 222 SAN BERNARDINO COUNTY 200.00 42503 02/22/2023 PRINTED 4974 SAN BERNARDINO ASSOCIATED GOVT 161,381.00 42504 02/22/2023 PRINTED 867 SELLMARK 10,796.55
42505 02/22/2023 PRINTED 131121 SHRED-IT USA JV LLC 97.19 42506 02/22/2023 PRINTED 507 SILVER & WRIGHT LLP 29,409.61 42507 02/22/2023 PRINTED 2570 SIX BASINS WATERMASTER DEPT 22,104.00 42508 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 195.77 42509 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 105.35 42510 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 1,034.13 42511 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 714.51 42512 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 134.98 42513 02/22/2023 PRINTED 21671 CHARTER COMMUNICATIONS HOLDINGS, LLC 144.98 42514 02/22/2023 PRINTED 16607 STAPLES BUSINESS ADVANTAGE 1,140.32 42515 02/22/2023 PRINTED 211 STATEWIDE TRAFFIC SAFETY AND SIGNS INC 800.08 42516 02/22/2023 PRINTED 1154 T-MOBILE USA 729.00
42517 02/22/2023 PRINTED 11583 THOMPSON PLUMBING SUPPLY 55,220.06 42518 02/22/2023 PRINTED 62321 U.S. TELEPACIFIC CORP 2,586.86 42519 02/22/2023 PRINTED 1296 TRANSTECH 7,040.00
42520 02/22/2023 PRINTED 14735 VERIZON WIRELESS 842.79
42521 02/22/2023 PRINTED 14735 VERIZON WIRELESS 3,416.93 42522 02/22/2023 PRINTED 14735 VERIZON WIRELESS 160.90
42523 02/22/2023 PRINTED 14735 VERIZON WIRELESS 880.26
42524 02/22/2023 PRINTED 14735 VERIZON WIRELESS 5,917.89 42525 02/22/2023 PRINTED 1352 VILLELLA, AAREN 100.00
42526 02/22/2023 PRINTED 112201 WAUSAU TILE CO 64.65
42527 02/22/2023 PRINTED 766 WEST END CONSOLIDATED WATER CO 48,900.04 42528 02/22/2023 PRINTED 1261 WEX HEALTH INC 287.10
42529 02/22/2023 PRINTED 999999 FRANK PARKER 678.00
42530 02/22/2023 PRINTED 999999 W.N.K FOODS 214.00
42531 02/22/2023 PRINTED 999999 ZACHARY CASTRO 200.00
42532 02/22/2023 PRINTED 15750 AFLAC PREMIUM HOLDING 990.28 42533 02/22/2023 PRINTED 6109 AMERICAN HERITAGE LIFE INS CO 93.09 42534 02/22/2023 PRINTED 1310 UNITED PET CARE LLC 548.10 PRINTED CHECKS (347 COUNT)4,077,325.36$
20123001 02/01/2023 MANUAL 1589 LIVELY INC 523.96
20223001 02/02/2023 MANUAL 32091 SOUTHERN CALIF EDISON CO 140,880.80 20323001 02/03/2023 MANUAL 43651 U S BANK NATIONAL ASSN 21,937.03 20623001 02/06/2023 MANUAL 80561 KEENAN & ASSOCIATES 209,964.84 20723001 02/07/2023 MANUAL 543 SOUTHERN CALIF GAS COMPANY 25,094.53 20823001 02/08/2023 MANUAL 83401 CARL WARREN & CO 19,407.52 Prepared By: Maria Serna Page 6 3/2/2023Page 53 of 116

CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NUMBER VENDOR NAME CHECK AMOUNT 20923001 02/09/2023 MANUAL 10720 CITIZENS BUSINESS BANK 20,400.00 20923002 02/09/2023 MANUAL 10720 CITIZENS BUSINESS BANK 26,650.00 21023001 02/10/2023 MANUAL 1499 EMPOWER TRUST COMPANY, LLC 59,193.08 21023002 02/10/2023 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 988.50 21023003 02/10/2023 MANUAL 737 UPLAND POLICE OFFICERS ASSN 5,055.00 21023004 02/10/2023 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 970.00 21023005 02/10/2023 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 1,937.08 21023006 02/10/2023 MANUAL 621 KAREN LONG 187.50
21023007 02/10/2023 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 287.50 21023008 02/10/2023 MANUAL 618 ICMA-RC 1,718.75
21023009 02/10/2023 MANUAL 91491 LIBRARY SYSTEMS & SERVICES LLC 115,962.00 21023011 02/10/2023 MANUAL 1589 LIVELY INC 2,212.34
21323001 02/13/2023 MANUAL 624 DEPT OF THE TREASURY 100.00 21423001 02/14/2023 MANUAL 1589 LIVELY INC 184.73
21523001 02/15/2023 MANUAL 153 INLAND EMPIRE UTILITIES AGENCY 604,684.76 21523002 02/15/2023 MANUAL 1597 TRUSTMARK VOLUNTARY BENEFIT ADMINISTRATOR 2,451.02 21523003 02/15/2023 MANUAL 1597 TRUSTMARK VOLUNTARY BENEFIT ADMINISTRATOR 2,587.48 21623001 02/16/2023 MANUAL 32091 SOUTHERN CALIF EDISON CO 105,810.51 21623002 02/16/2023 MANUAL 1594 COBRA PROFESSIONALS, INC 1,680.89 21623003 02/16/2023 MANUAL 1594 COBRA PROFESSIONALS, INC 1,680.89 21623004 02/16/2023 MANUAL 1594 COBRA PROFESSIONALS, INC 1,711.72 21723001 02/17/2023 MANUAL 65181 CALPERS 169,623.37
22223001 02/22/2023 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 29,123.70 22323001 02/23/2023 MANUAL 760 WATER FACILITIES AUTHORITY 192,699.10 22323002 02/23/2023 MANUAL 1337 STANDARD INSURANCE COMPANY 2,911.91 22323003 02/23/2023 MANUAL 960 MUNICIPAL DENTAL POOL 24,630.99 22323004 02/23/2023 MANUAL 754 PUBLIC AGENCY COALITION ENTERPRISE 108,707.86 22323005 02/23/2023 MANUAL 114711 METROPOLITAN LIFE INSURANCE CO 2,092.76 22423001 02/24/2023 MANUAL 65181 MEMBERS SERVICES DIVISION 169,132.46 22423003 02/24/2023 MANUAL 441 MIDAMERICA ADMIN & RETIREMENT SOLUTIONS, LLC 2,057.45 22423004 02/24/2023 MANUAL 622 UPLAND CITY EMPLOYEE ASSOCIATION 960.00 22423005 02/24/2023 MANUAL 125761 CITY EMPLOYEE ASSOCIATES 276.00 22423006 02/24/2023 MANUAL 737 UPLAND POLICE OFFICERS ASSN 4,977.50 22423007 02/24/2023 MANUAL 736 UPLAND POLICE MANAGEMENT ASSN 988.50 22423008 02/24/2023 MANUAL 621 KAREN LONG 187.50
22423009 02/24/2023 MANUAL 618 ICMA-RC 1,693.75
22423010 02/24/2023 MANUAL 1594 COBRA PROFESSIONALS, INC 1,880.77 22423011 02/24/2023 MANUAL 116231 NEOPOST USA INC 5,000.00 22723001 02/27/2023 MANUAL 1589 LIVELY INC 1,714.45
22723002 02/27/2023 MANUAL 624 DEPT OF THE TREASURY 100.00 22723003 02/27/2023 MANUAL 1499 EMPOWER TRUST COMPANY, LLC 61,142.84 22823001 02/28/2023 MANUAL 11484 U S BANK 227,443.75
22823002 02/28/2023 MANUAL 11484 U S BANK 59,997.67
22823003 02/28/2023 MANUAL 11484 U S BANK 908,767.71
22823004 02/28/2023 MANUAL 11484 U S BANK 697,626.04
22823005 02/28/2023 MANUAL 11484 U S BANK 53,607.96
22823006 02/28/2023 MANUAL 11484 U S BANK 321,295.27
22823007 02/28/2023 MANUAL 11484 U S BANK 283,260.66
22823008 02/28/2023 MANUAL 11484 U S BANK 259,401.80
22823009 02/28/2023 MANUAL 1589 LIVELY INC 320.84
MANUAL CHECKS (56 COUNT)4,965,885.04$
PRINTED CHECKS (347 COUNT)4,077,325.36$
MANUAL CHECKS (56 COUNT)4,965,885.04$
PRINTED & MANUAL CHECK TOTAL (403 COUNT) 9,043,210.40$
Prepared By: Maria Serna Page 7 3/2/2023Page 54 of 116

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER

RICHARD JEGANATHAN, INFORMATION TECHNOLOGY MANAGER
SUBJECT: DISPOSAL OF SURPLUS EQUIPMENT

RECOMMENDED ACTION:

It is recommended that the City Council declare items as surplus and authorize the City Manager to initiate disposal of the surplus equipment.

GOAL STATEMENT
The proposed action supports the City’s goal to eliminate surplus equipment that is no longer needed for department operations.

BACKGROUND
Over time, the Information Technology Division has accumulated equipment that has become obsolete, damaged, and/or no longer useful for City operations. These items can be sold for re-use to offset the cost of the purchase of new equipment or if there is no residual value, they can be properly disposed .

Upland Municipal Code Section 2.48.150 states that all departments shall submit reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. It further states that the items declared surplus may be sold on a competitive bid basis, scrapped, or donated based on highest rate of return.

ISSUES AND ANALYSIS
The City disposes of surplus items through a public surplus auction website or directly to vendors if a higher price can be obtained. This is consistent with City Policy and the Upland Municipal Code. The items listed on the attachment do not appear to have residual or scrap value and will be disposed.

ENVIRONMENTAL DETERMINATION
Not a Project

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

EQUIPMENT TO BE DECLARED SURPLUS

Item Quantity Estimated Value
Monitors 13 $0
Desktops 19 $0
Servers 13 $0
Printers 4 $0
Used Toners 1 Box $0
Stereo 1 $0
Used Batteries 1 Box $0
UPS 1 $0
Scanner 1 $0
Switches 1 $0
Wifi Access Points 6 $0

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

MIKE KITCHEN, SPECIAL FLEET CONSULTANT
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF 60’ BASKET/CHIPPER TRUCK

RECOMMENDED ACTION:

It is recommended that the City Council approve the purchase of a 2024 Ford F-750 with sixty-foot (60-ft) Versalift Aerial Tower VO-260-REV and Chipper Dump Body from PB Loader Corporation in the amount of $320,250 which includes an 18% contingency; and authorize the City Manager to finalize the purchase of the vehicle.

GOAL STATEMENT
The proposed action supports the ongoing long-term City-wide fleet replacement and modernization program.

BACKGROUND
In the FY22/23 operating budget, City Council approved funds for the purchase of a sixty-foot (60-ft) Aerial Basket/Chipper Truck. Often called a bucket truck, cherry picker, basket crane truck, or squirt boom truck, this vehicle is a utility truck fitted with a hydraulic boom (pole) that has a man-carrying bucket at the end. The bucket keeps the worker safe as the boom lifts them up to heights where tools may be comfortably used, and work completed safely.

The Public Works Maintenance Division currently has a thirty-five-foot (35) basket truck in operation, which is used for tree maintenance, streetlights, and banner maintenance. With the addition of the proposed sixty-foot (60-ft) Versalift Aerial Basket/Chipper Truck, the new vehicle would be used primarily for tree maintenance, while the existing truck would be primarily used for streetlights, and banner maintenance. The truck combination of sixty-foot (60-ft) basket (enabling the tree crews to reach taller trees); tree chipper (enabling the tree crews to turn the tree branches and wood debris into mulch on site); and chipper dump body (to hold the chipper mulch) will allow one vehicle and one work crew to do what currently requires three pieces of equipment; operators and multiple trips t o the yard.

ISSUES AND ANALYSIS
With the approval of the FY22/23 operating budget, the Public Works Fleet Maintenance Division requested an updated bid quote from PB Loader Corporation, who was awarded a Sourcewell contract (number 080521-PBL) for the purchase of a new 2024 Ford F-750 with a sixty-foot (60-ft) and Versalift Aerial Basket/Chipper Truck.7

Sourcewell, formerly known as the National Joint Powers Alliance (NJPA), is a Self-Sustaining government organization with over forty (40) years of dedicated service helping government, education, and nonprofit organizations operate efficiently by providing Contract purchasing solutions through Cooperative Purchasing.

Cooperative purchasing is “procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. This arrangement all multiple agencies to combine their buying requirements into a single contract and aggregate volume to enhance their purchasing power. Participants can negotiate lower prices, reduce their time spent in procurement and contracting, and befit from more favorable term and conditions.

Participation in Sourcewell is available at no-cost, no obligation, and no liability to public agencies, school districts, state colleges, universities, and local governments. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better pricing, less time is spent reviewing bids, and combining the purchasing power of more than 50,000 organizations. The City of Upland is a Sourcewell member and this procurement process meets the State of California’s cooperative purchasing code 6500 and 6502; as well as Upland municipal code section 2.48.080 allowing

the City to dispense with the bidding procedures when the purchases are beneficial to the interests of the City and from suppliers whom have been awarded a contract resulting from a formal competitive bidding process by another governmental agency.

In fiscal year 21/22, Fleet Maintenance received updated pricing for the 2024 Ford F-750 with a sixty (60-ft) Versalift Aerial Basket/Chipper Truck and the applicable budget was increased by 18% from $272,250 to $320,250. The increase was due to unforeseen events with materials and manufacturing delays. In addition, the estimated delivery time is 12 to 16 months so there is the potential of the quoted price increasing once the equipment is delivered and is fully equipped because of extended production timelines, supply chain issues, and the instability o f pricing.

ENVIRONMENTAL DETERMINATION
The purchase of a vehicle for maintenance is not considered a project under the California Environmental Quality Act (CEQA) and is Exempt from CEQA.

FISCAL IMPACTS
The FY22/23 operating budget includes $320,250 in account 7525407 5531 for the purchase of the sixty-foot (60-ft) Basket/Chipper Truck. No additional appropriations are necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR

LORALEE FARRIS, PLANNING MANAGER
SUBJECT: CONSIDERATION OF AN ORDINANCE (ZONING CODE AMENDMENT NO. 23-0002) AMENDING CHAPTER 17.37 OF THE CITY OF UPLAND MUNICIPAL CODE RELATING

TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

RECOMMENDED ACTION:

It is recommended that the City Council hold first reading by title only, waive further reading, and introduce an Ordinance amending Chapter 17.37 of the Upland Municipal Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and determine the Ordinance to be Statutorily Exempt from t he California Environmental Quality Act (CEQA) pursuant to Section 21080.17.

GOAL STATEMENT
The proposed action supports the City’s goals of maintaining compliance with state law, as well as providing for high - quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels, promoting equal and fair housing opportunities for all residents, and facilitating the development of a mix of prices, types, and affordability of housing products thr ough the implementation of flexible standards and an efficient permitting process.

BACKGROUND
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”).

Among other things, the New Amendments: a). Require the City to allow certain ADUs to be up to 18, 20 or 25 feet in height, depending on the situation; b). Require the City’s front setback to yield for certain ADUs; c). Require the City allow ADUs to be developed as part of a proposed multi-family developments, rather than just existing multi- family developments; d). Require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and, e). Remove the automatic repeal in 2025 (now the ADU statute is permanent). SB 897 took effect on January 1, 2023.

To ensure that the City’s processing and review of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) was not interrupted, the City Council adopted an Urgency Ordinance incorporating the amendments to state law on January 23, 2023, and making findings that there was a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 causing the City’s ADU ordinance to become null and void.

Upon advice from the City Attorney, staff is following up the urgency ordinance with a regular, permanent ordinance that has been reviewed and received a recommendation from the City’s Planning Commission.

On February 22, 2023, the Planning Commission held a noticed public hearing and discussed the City’s ADU and JADU Ordinance. The Commission recommended that the City Council adopt the Ordinance, with additional amendments to the objective design and landscape standards for ADUs that require approval of an ADU permit.

ISSUES AND ANALYSIS
The Planning Commission made several recommendations for minor amendments to the City’s previously adopted ordinance, specifically related to objective design standards for Accessory Dwelling Units that do not meet one of the qualifying exemptions under state law and local ordinance to be processed under a building permit only. These amendments do not affect the provisions required under state law and were not amendments introduced as part of SB 897’s adoption.

These recommended amendments include:

1. Amend Section 17.37.060(G)(1)(b) (Architectural and Design Requirements – Roof) to allow eave and gable overhangs to be less than 12 inches if they are designed to match the primary unit. This would grant further flexibility to Accessory Dwelling Units to match the same architectural style the primary dwelling(s), as some architectural styles may utilize parapet walls or reduced eaves and overhangs.

2. Amend Section 17.37.060(G)(2)(c) (Architectural and Design Requirements – Design) to set a minimum height requirement of five feet for fences or walls when they are being used to screen an ADU or prevent a direct line of sight to an adjoining residential property.

3. Remove Section 17.37.060(G)(2)(d) (Architectural and Design Requirements – Design), which requires windows and doors in an ADU that are less than 30 feet from a property line that is not a public right -of-way line 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. While the Commission acknowledged the importance of maintaining privacy when developing ADUs, which may be closer to property lines than primary structures, they recommended that Section 17.37.060(G)(2)(c), as amended, woul d be adequate enough to protect the privacy of neighboring residential properties, while also not being overly restrictive on ADUs.

4. Remove Section 17.37.060(H)(1) (Landscape Requirements), which requires at least one 15-gallon size plant be provided for every five linear feet of exterior wall, or one 24” box size plant be provided for every ten linear feet of exterior wall. The Commission indicated that screening requirements were adequately met with maintaining Section 17.37.060(G)(2)(c), above, as amended, and that requiring additional landscaping would be onerous on the property owner while providing limited aesthetic benefits.

5. Amend Section 17.37.060(H)(2) (Landscape Requirements), to revise the height of landscaping and fencing used as screening to be five feet in height, to maintain consistency with amendments made to Section

17.37.060(G)(2)(c).

The remainder of the proposed ordinance is as adopted under Urgency Ordinance No. 1975, adopted by the City Council on January 23, 2023. The proposed Ordi nance will formalize the ADU and JADU Ordinance, incorporating the amendments required under state law, as part of SB 897, with updated objective design standards as recommended by the Planning Commission.

ENVIRONMENTAL DETERMINATION
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU la w and which also regulates JADUs, as defined by section 65852.22.

Therefore, the proposed ordinance is Statutorily Exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

FISCAL IMPACTS
There is no fiscal impact associated with approving the proposed urgency ordinance. ADU's that are not exempt from requiring an ADU Permit will continue to be required to pay a permit fee for staff's cost in processing the approval of the permits.

ALTERNATIVES
The City Council may provide staff with alternative direction.

CEQA: Determine to be Exempt

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND AMENDING CHAPTER 17.37 OF THE CITY OF

UPLAND MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) GUIDELINES.

WHEREAS, the City of Upland, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and

WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and

WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and

WHEREAS, SB 897 took effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by this date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and

WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and

WHEREAS, on February 22, 2023 at 6:30 p.m. the Planning Commission conducted a duly noticed public hearing for the ordinance, as prescribed by law, and heard and considered both oral and written evidence and adopted Resolution No. 4982 recommending that the City Council adopt an Ordinance amending Chapter

17.37 of the City of Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units; 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 March 13, 2023 at 7:00 p.m. the City Council conducted a duly noticed public hearing 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.

Ordinance No.

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 and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

Section 3. 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 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-1.5 and Housing Element Policy HE-2.2: Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.

Fact: The proposed Ordinance is consistent with policies in the Land Use and Housing Elements that provide high-quality housing in a range of types, by setting objective development standards for ADUs and JADUs that are consistent with state law while also providing for a housing type that meets the needs of residents of all income levels.

B. Housing Element – Program 8 – Accessory Dwelling Units - Objective: Review State ADU law annually and process amendments to local regulations as necessary to ensure conformance with current law.

Fact: The proposed ordinance meets the objective under Program 8 of the Housing Element, as it specifically involves a review of State ADU law and the processing of amendments to local regulations to ensure conformance with current law.

Ordinance No.

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

Evidence: The proposed Ordinance 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 consistency of their ordinances with state law, and the amendments incorporated contain changes adopted into the California Government Code, effective as of January 1, 2023.

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 4. Chapter 17.37 of the Upland Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

Section 5. Effective Date. This Ordinances 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.

Section 7. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 8. 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.

PASSED, APPROVED, AND ADOPTED this 27th day of March, 2023.

Bill Velto, Mayor

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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 13th of March, 2023, and was adopted at a regular meeting of the City Council of the City of Upland on the 27th day of March, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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ATTACHMENT A

Chapter 17.37 ACCESSORY DWELLING UNITS

17.37.010 Purpose
The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22, requiring consideration of such uses.

17.37.020 Effect of Conforming
An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot or property on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 17.37.030 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

17.37.030 Definitions
As used in this chapter, the following terms are defined as follows:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

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“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Attached ADU” means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares common wall with the primary dwelling.

An attached ADU does not include a manufactured home.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. “Director” means the Development Services Director or designee. “Efficiency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
“Existing structure” means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law.
“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet in size;

2. Is contained entirely within an existing or proposed single-family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.;

3. It includes its own separate sanitation facilities or share sanitation facilities with the existing or proposed single-family structure; and

4. Includes an efficiency kitchen, as defined in this section. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure. “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.

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“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Primary dwelling” means the existing or proposed single-family dwelling on the lot where an ADU would be located.
“Proposed dwelling” means a dwelling that is the subject of a building permit application and that meets the requirements for permitting. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Ord. 1948 § 4, 2021)

17.37.040 Approvals
The following approvals apply to ADUs and JADUs under this chapter:

A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.37.050 below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot. Only one ADU as described in subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code Section 65852.22.

2. Limited Detached on Single-family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any

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JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies the following limitations:
a. The side- and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in Section 17.37.050(B) below.

3. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, inclu ding but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for a dwelling. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
a. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in Section 17.37.050(B) below.

B. ADU Permit.

1. Except as allowed under subsection A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 17.37.050 and 17.37.060 below.

2. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU permit processing fee is determined by the Development Services Department and approved by the City Council by resolution.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City

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has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerial without discretionary review or a hearing. (Ord. 1948 § 4, 2021)

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.37.050 General ADU and JADU Requirements
The following requirements apply to all ADUs and JADUs that are approved under Section 17.37.040(A) or (B) above:

A. Zoning.

1. An ADU or JADU subject only to a building permit under Section 17.37.030(A) above may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under Section 17.37.040(B) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B. Height.

1. Except as otherwise provided by subsection (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public

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Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.

5. For purposes of this subsection (B), height is measured above existing legal grade to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 31 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

2. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

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3. As required by state law, all JADU’s are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (G)(3) does not apply if the property is entirely owned by another government agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Development Services Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements shall be satisfied:

1. With the building permit application, the applicant shall provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

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2. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report.

If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. (Ord. 1948 § 4, 2021) I. Building & Safety.

1. Must comply with building code. Subject to subsection (I)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (I)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

17.37.060 Specific ADU Requirements
The following requirements apply only to ADUs that require an ADU permit under Section 17.37.040(B) above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. An ADU that is subject to this Section must conform to a 25-foot front-yard setback, subject to subsection (A)(3) above.

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2. An ADU that is subject to this Section must conform to the 4-foot side- and rear-yard setbacks.

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.

C. 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).

D. 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, 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.

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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 space or open space on site for public use that results in the same total open space square footage as otherwise required.

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.

G. Architectural and Design Requirements.

1. Roof.
a. 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.

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b. All eave and gable overhangs must be at least 12 inches, unless designed to match the primary unit.

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 or walls with a minimum height of five feet, 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 that 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.

H. Landscape Requirements.

1. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.

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2. Plant specimens must be at least six five feet tall when installed. As an alternative, a solid fence of at least 6 5 feet in height may be installed.

3. 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 of 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 ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

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 is constructed with a new single-family home, a separate utility connection directly between the ADU 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 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 and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2) shall require a new, separate utility connection directly between the ADU and the utility.

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a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, 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 Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
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 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.

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Th e p rop os ed action su p p ort s th e C ity’s g oals of m ain tai n i n g com p l ian ce with s tat e law, as w ell as p rovid ing for h ig h-q uality h ousin g in a ran g e of typ es, d ensities, an d un it sizes th at m eets t he h ou s in g need s of resi d en ts of al l in com e level s, p rom oti n g eq ual and fair h ousin g op p ortun ities for all resi d en ts , and fac il it ati n g th e d evelop m ent of a m i x of p ri ces , typ es, an d afford ab ility of hou sing p rod ucts th rou g h t he im p lem en tation of flexib le s tan d ard s an d an efficien t p erm itting p rocess.

B A C K G R O U N D
I n recen t years, the C alifornia Leg islature h as ap p roved , an d th e G overnor h as sig n ed in to law, a nu m b er of b il ls th at, am on g oth er t h i n g s, am en d ed G overn m en t C od e sec ti on s 6 58 52 .2

and 65 85 2.2 2 t o im p ose n ew lim it s on local au t h orit y to reg ulate A D U s and J A D U s. I n 2 02 2, th e C alifornia L eg islatu re ap p roved , an d t he G overnor si g n ed i n t o law, a n ew b il l (S B 89 7) th at furth er am end s G overn m en t C od e sec ti on s 65 85 2.2 an d 6 58 52 .22 (“N ew A m en d m ents”).

A m ong oth er thing s, the N ew A m en d m ents:

Req u ire t h e C it y to allow certain A D U s to b e hig h er — u p t o 18 or 25 feet, d ep en d ing on th e situ ation;
R eq uire the C ity’s front setb ack to yield for certain A D U s; Req u ire th e C i ty allow A D U s t o b e d evel op ed as p art of p rop osed m ulti-fam ily d evelop m ents, rath er than just existin g m ulti-fam ily d evelop m en ts; R e q u i re th e C it y to ju stify a d en ial w ith a full set of d etailed com m en ts d escrib in g the d eficiencies in th e ap p lication and exp lain in g h ow to rem ed y th em ; an d Rem ove the au tom atic rep eal in 20 25 (now the A D U statute is p erm an ent).

S B 8 97 took effect on J anu ary 1, 2 02 3. U ntil t h e C it y ad op t s an up d ated A D U ord in ance th at com p lies w i th req u i rem en t s of S B 8 97 , th e C ity’s entire exi st in g A D U ord i nan ce is n ull an d void as a m att er of law, an d th e C it y will h ave to all ow A D U s with n o loc al reg ulation excep t for th e few req uirem ents in the state A D U law itself. A d op tin g th e u rg ency ord inan ce w ill allow t h e C it y t o con ti nu e p rocessing A D U s w it h th e C i ty's reg u lation s an d p roced ures in p lace, as am en d ed b y S B 89 7, in th e in terim wh ile a p erm an en t ord inan ce wi th th ese up d ates is p rocessed .

I S S U E S /A N A L Y S I S
Th e p rop os ed ord in an c e am end s th e C it y’s local reg ulatory sc h em e for t he con st ru ct ion of A D U s an d J A D U s to c om p ly w it h recen tl y am end ed p rovi si ons of G overnm ent C od e section s 65 85 2.2 and 65 85 2.2 2.

Failure to com p l y with G overn m en t C od e sect ion s 65 85 2.2 an d 6 58 52 .22 (as am end ed ) ren d ers the C ity’s A D U ord inan ce n ull an d void , thereb y lim itin g the C ity to the ap p lication of th e few d efau lt state stan d ard s p rovid ed in G overnm ent C od e sections 65 85 2.2 and 65 85 2.2 2.

Th e ap p roval of A D U s an d J A D U s b ased sol ely on th ese d efau lt statu tory s tan d ard s , w ithou t local reg u lation s g overn in g h eig ht, setb ack, lan d scap e, and architectu ral review, am ong oth er th in g s, wou ld threaten the ch aracter of existing n eig hb orh ood s, an d neg atively im p act p rop erty values, p erson al p rivacy, an d fire safety.

Th e attach ed p rop osed urg en cy ord inan ce inclu d es ch ang es to th e Up lan d M un icip al C od e C h ap ter 1 7 .3 7 su b s tan ti all y as d etai led in A tt ach m en t A . Th e U rg en cy O rd inan ce req u ires a four-fifths vote of the C ity C ou ncil.

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

Un d er C aliforn ia P u b l ic Resou rces C od e s ect ion 21 08 0.1 7, th e C ali forn ia E n vironm ental Q uality A ct (“C E Q A ”) d oes n ot ap p ly to th e ad op tion of an ord i n an ce b y a ci ty or coun ty im p lem en ting the p rovision s of sect ion 6 58 52 .2 of t h e G overn m en t C od e, w h ic h is C alifornia’s A D U law an d w hich also reg u l ates J A D U s, as d efi n ed b y section 6 58 52 .22 . Th erefore, the p rop osed ord i nan ce i s S t atu toril y E xem p t from C E Q A in t h at t he p rop osed ord inan ce im p lem en ts th e S tate’s A D U law.

F I S C A L I M P A C T S
Th ere is n o fiscal i m p act ass oci ated with ap p rovi n g the p rop osed u rg en cy ord in ance. A D U's th at are not exem p t from req u i ri n g an A D U Perm it w ill con ti nu e t o b e req u ired to p ay a p erm it fee for staff's cost in p rocessing th e ap p roval of th e p erm its.

A L T E R N A T I V E S
Th e C ity C oun cil m ay p rovid e staff w ith alternative d irection .

AT TAC HM E NT S :

Description
A. Draft Urgency Ordinance

Item No. 12.A

ECONOMIC DEVELOPMENT COMMITTEE MEETING
MARCH 6, 2023
**********

CONCLUSION/ACTION SUMMARY

1) CALL TO ORDER AND ROLL CALL

In attendance: Committee Chair Garcia, Committee Member Zuniga, Chamber Advisory Member Galdo, Development Services Director Dalquest, Economic Development Coordinator Picazo, and Contract Rehabilitation Programs Administrator Arellano. Council Member Breitling was also in attendance.

2) ORAL COMMUNICATIONS

None.

3) DISCUSSION ON DEVELOPMENT AND DOWNTOWN ACTIVITY

Development Services Director Dalquest presented on the development highlights, downtown revitalization, notable development projects, and answered questions from the Economic Development Committee members. Contract Rehabilitation Programs Administrator Arellano presented on downtown restaurant activity and provided a status update. Economic Development Coordinator Picazo presented on available small business resources and summarized the Restaurant Assistance For Increase Sales and Efficiency-Upland (Raise-UP) Grant Program.

Economic Development Committee Meeting
March 6, 2023
4:00 P M
Carnegie Building, 123 East D Street
***************

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

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

3.D I S C US S I O N O N D E V E L O P ME NT A ND D O W NTO W N A C T I V I T Y NOT E: A ll Agenda items and back-up materials are available for public review at the U pland P ublic Library, downstairs reference desk at 450 N orth E uclid Avenue, the C ity C lerk's O ffice at 460 N orth E uclid Avenue and the C ity website at www.uplandca.gov .

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

35.102-35.104 A DA Title I I ]

P O S T I N G S T A T E M E N T : O n Fe b ru a ry 28, 2023, a t ru e a n d co rre ct co p y o f t hi s a g e nd a w a s p o s t e d a t 123 E . D S t re e t (C a rne g i e B u i l d i ng ), o n t he b ul l e t i n b o a rd s a t 450 N . E ucl i d A ve nue (U p l a nd P u b l i c L i b ra ry), 460 N . E ucl i d A ve nue (U p l a n d C i t y H a l l ), a nd o n t h e C i t y's w e b s i t e a t w w w.u p l a nd ca .g o v

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

https://uplandca.gov/economic-development-
committee

You may also view the video of the meeting at:

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

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

DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: ESTABLISH AN AD HOC COMMITTEE AND APPOINT MEMBERS

RECOMMENDED ACTION:

It is recommended that the City Council establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel.

GOAL STATEMENT
The proposed action supports the City’s goal of promoting policies and programs that are in the best interest of the public.

BACKGROUND
In July 2022 the City Council reviewed options presented by the City Attorney regarding implementing an appointment process for Planning Commissioners. Based on the Council's direction, the City Attorney prepared a Resolution revising the policies and procedures relative to the establishment and operation of the Planning Commission. That Resolution was adopted in August 2022.

ISSUES AND ANALYSIS
Commissioners Marotte and Mayer have terms ending in June 2023. Section 5 of Resolution No. 6704 states that 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 and the Development Services Director. Once a Planning Commissioner vacancy is filled by the Mayor’s appointment and the City Council’s ratification, the ad hoc committee shall disband.

ENVIRONMENTAL DETERMINATION
Not a project.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.