Monday, March 27, 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 5:30 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 b.CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS California Government Code Section 54956.8
Property: Approximately 152 square foot area located within the San Antonio Park in the City of Upland
City Negotiators: City Manager Michael Blay, Development Services Director
Robert Dalquest, and Economic Development Coordinator Melecio Picazo Negotiating Party: John Jones with MD7
Under Negotiation: Price and Terms
5.INVOCATION
Rabbi Stephen Epstein, Temple Sholom
6.PLEDGE OF ALLEGIANCE
7.PRESENTATIONS
Recognition of Upland Woman's Club for their 120 years of service to the Community
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 5
Recommended Action:
Approve the Regular Meeting Minutes of March 13, 2023. (Staff Person: Keri Johnson)
b.2ND READING OF ORDINANCE NO. 1979 AMENDING CHAPTER 17.37 OF
THE UPLAND MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING
THE ORDINANCE IS EXEMPT FROM CEQA
9 Recommended Action:
Hold 2nd reading by title only, waive further reading, and adopt Ordinance No. 1979 amending Chapter 17.37 of the Upland Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the Ordinance to be Statutorily Exempt from the California Environmental Quality Act. (Staff Person: Robert Dalquest)
c.APPROVE THE ESTABLISHMENT OF THE JOB SPECIFICATIONS AND
SALARY RANGE FOR SHELTER ATTENDANT
28 CEQA: Not a Project
Recommended Action:
Approve the establishment of the job specifications and salary range for a part- time Shelter Attendant. (Staff Person: Stephen Parker)
d.ATHLETIC FACILITIES POLICY AND PROCEDURE UPDATE 34
CEQA: Not a Project
Recommended Action:
Approve the proposed changes to the Athletic Facilities Policy and Procedures Manual (formerly Sports Field Policy Handbook) and adopt a Resolution amending the master fee schedule to establish an additional user group category for the use of athletic facilities. (Staff Person: Stephen Parker) e.TREASURER’S REPORT FEBRUARY 2023 57
CEQA: Not a Project.
Recommended Action:
Receive and file the February 2023 Treasurer’s Report. (Staff Person: Stephen Parker)
f.RESOLUTION TERMINATING THE POLICY AND PLAN AGREEMENT
BETWEEN THE CITY OF UPLAND AND HISTORIC DOWNTOWN UPLAND, INC. REGARDING THE DISTRIBUTION OF PARKING AND BUSINESS
IMPROVEMENT AREA FUNDS
72 CEQA: Not a Project.
Recommended Action:
Adopt the Resolution terminating the Policy and Plan Agreement between the City of Upland and Historic Downtown Upland, Inc., dated April 22, 2019, regarding the distribution of Parking and Business Improvement Area funds in the Downtown. (Staff Person: Robert Dalquest)
g.REVIEW OF THE 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT
ON IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT
76 CEQA: Not a Project.
Recommended Action:
Receive comments from the public on the 2022 Housing Element Annual Element Progress Report and direct staff to submit it to the Governor’s Office of Planning and Research and the California Department of Housing and Community
Development. (Staff Person: Robert Dalquest)
h.CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH
DISTRIBUTORS OF OPIOIDS, WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID
MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND
ALLERGAN FINANCE, LLC/ALLERGAN LIMITED
99 CEQA: Not a Project.
Recommended Action:
Adopt a Resolution authorizing the City Manager to enter into the settlement agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance LLC/Allergan Limited, agree to the terms of the State-Subdivision Agreements, and authorize entry into the State-Subdivision Agreements with the Attorney General. (Staff Person: Marcelo Blanco)
11.PUBLIC HEARINGS
12.COUNCIL COMMITTEE REPORTS
a.COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only.
13.BUSINESS ITEMS
14.COUNCIL COMMUNICATIONS
15.CITY MANAGER
16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, April 10, 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 22, 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 REGULAR MEETING OF THE UPLAND CITY COUNCIL
March 13, 2023
City Council Chamber
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 regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:02 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS-DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
4. CLOSED SESSION
At 6:03 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
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
The Council reconvened in Open Session at 7:03 p.m.
5. INVOCATION
Pastor Summer Brown, Life Bible Fellowship Church
6. PLEDGE OF ALLEGIANCE
Led by City Treasurer Bradley
7. PRESENTATIONS
2 Introduction of Officer Alvarran and his K9 partner Petey
8. CITY ATTORNEY
City Attorney Deitsch announced the City Council received a report on Closed Session Item 4A and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Jerry Fenning, Upland, suggested changes to the proposed resolution condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority and also requested the City implement an action plan.
Mauricio Lopez, Upland, stated that he spoke at a previous Council meeting regarding issues with plans for an accessory dwelling unit on his property and he never received a response from staff, he demanded that he receive a response within 30 days.
10. CONSENT CALENDAR
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously
a. APPROVAL OF MINUTES
Approve the Special Workshop Minutes of February 27, 2023 and the Regular Meeting Minutes of February 27, 2023.
b. DESIGNATION OF PROXIES AND PROPOSED SLATE OF DIRECTORS FOR
SAN ANTONIO WATER COMPANY BOARD AND WEST END
CONSOLIDATED WATER COMPANY BOARD
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; and 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. c. 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
Adopt Resolution No. 6708 condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority.
3 d. ANNUAL CITY ETHICS REVIEW
Receive and file this report on the annual city ethics review. e. TREASURER’S REPORT JANUARY 2023
Receive and file the January 2023 Treasurer’s Report.
f. APPROVAL OF FEBRUARY WARRANT AND PAYROLL REGISTERS
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).
g. DISPOSAL OF SURPLUS EQUIPMENT
Declare items as surplus and authorize the City Manager to initiate disposal of the surplus equipment.
h. CONSIDER APPROVAL OF THE PURCHASE OF 60’ BASKET/CHIPPER TRUCK
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.
11. PUBLIC HEARINGS
a. 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
Planning Manager Farris presented the staff report, along with a PowerPoint presentation, which is on file in the City Clerk's office.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Introduce Ordinance No. 1979 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.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. ECONOMIC DEVELOPMENT COMMITTEE MEETING, MARCH 6, 2023
4 Councilmember Garcia provided a recap of the meeting. This was for information only and no action was required.
13. BUSINESS ITEMS
a. ESTABLISH AN AD HOC COMMITTEE AND APPOINT MEMBERS
City Clerk Johnson presented the staff report and answered questions posed by the Council regarding the appointment of members to the Ad Hoc Committee.
Moved by: Councilmember Garcia
Seconded by: Councilmember Breitling
Establish an ad hoc committee and appoint Mayor Velto and Mayor Pro Tem Garcia to serve as the Planning Commissioner interview panel.
Motion: Carried Unanimously
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities throughout the community, including providing an update on the meetings they attended.
Councilmember Breitling requested that an agenda item be added to future Council agendas for reports from Councilmembers on meetings they attend on behalf of the City.
15. CITY MANAGER
City Manager Blay announced the date for the upcoming the State of the City 2023.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 7:38 p.m. The next regularly scheduled City Council meeting is Monday, March 27, 2023.
Keri Johnson, City Clerk
ORDINANCE NO. 1979
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. 1979
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. 1979
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
Ordinance No. 1979
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
Ordinance No. 1979
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.
Ordinance No. 1979
“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.
Ordinance No. 1979
“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
Ordinance No. 1979
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
Ordinance No. 1979
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
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
Ordinance No. 1979
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.
DATE: March 27, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARK, CPA, ASSISTANT CITY MANAGER
TERRY DOYLE, DEPUTY DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT SUBJECT: APPROVE THE ESTABLISHMENT OF THE JOB SPECIFICATIONS AND SALARY RANGE
FOR SHELTER ATTENDANT
RECOMMENDED ACTION:
It is recommended that the City Council approve the establishment of the job specifications and salary range for a part-time Shelter Attendant.
GOAL STATEMENT
The proposed action supports the City’s goal to provide Upland employees with fair compensation to correctly classify employees based on the job duties performed.
BACKGROUND
The City of Upland’s Merit System Rules and Regulations establish the personnel system for the City of Upland and provide for an equitable and uniform procedure for dealing with personnel matters through a department of personnel and provide for employment within the City of Upland on a merit basis, so the best qualified person shall be brought into the service of the City.
In addition to establishing an equitable and uniform procedure for dealing with personnel matters, the Merit System Rules and Regulations establishes a classification plan for personnel. This classification plan provides a group of jobs by commonality of duties, responsibilities, and functions for each job specification within the plan.
From time-to-time as may be deemed necessary to carry out the intent and purposes of the City, the Council may revise the classification plan covering all positions in the competitive service.
ISSUES AND ANALYSIS
The Human Resources Division routinely collaborates with departments for the establishme nt, revisions, and deletions of job specifications.
The Police Department is requesting to reclassify two vacant part-time Police Cadet positions to Shelter Attendants.
This reclassification will support the City’s goal to provide effective animal services to the community by having a point of contact at the animal shelter during business hours. Under the current model, an Animal Services Officer needs to be called to the shelter whenever assistance is needed. This removes them from the field and from assisting the community with animal-related calls for service.
In addition, this newly established classification would allow staff time to focus on improving animal licensing initiatives throughout the City. Animal licensing is important to the community because it helps families reunite with their animals and ensures that animals are vaccinated against rabies, which is always fatal if detected in an animal.
These positions will be part-time positions and are not associated with any of the bargaining units. The recommended part-time salary range will be Range 63 on the part-time salary schedule.
ENVIRONMENTAL DETERMINATION
Not a project
FISCAL IMPACTS
There will be no fiscal impact on this change in the current fiscal year. The $8,150 annual increase will be factored into the FY 23/24 operating budget.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project
March 2023
FLSA: Non-Exempt
SHELTER ATTENDANT
DEFINITION
Under general supervision, provide basic animal care, including daily feeding, water, and observation; clean and maintain facilities; transport animals; maintain records related to animal care and disposition; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives supervision from assigned supervisory or management personnel. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS
This is an entry-level classification and receives close supervision. Incumbents learn and perform routine tasks providing care for impounded animals and assisting in the maintenance and operation of the animal shelter. Positions at this level usually exercise less independent discretion and judgement in matters related to work procedures and methods. As experience is gained, assignments become more varied, complex, and difficult; close supervision and frequent review of work lessen as an incumbent demonstrates skill to perform the work independently. Exceptions or changes in procedures are explained in detail as they arise.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
Provide and replenish food and water for domestic, exotic, and wild animals. Clean and disinfect kennels, cages, and equipment to maintain sanitary conditions. Observe sick, quarantined, and potentially injured animals, and report problems. Clean and bathe animals; vaccinate animals given established procedures. Complete ongoing and preventive maintenance of shelter facilities and equipment. Transport animals to and from veterinary offices and other medical facilities. Respond to public inquiries regarding the disposition of animals and animal shelter procedures, and questions regarding lost and found animals, and adoption procedures. Serve as cashier; handle customer transactions including redemptions and license sales, and the release of animals.
Maintain records related to daily animal care, and incidents. Order and pick up supplies needed at the shelter.
Handle injured and deceased animals.
Performs other duties as assigned.
Shelter Attendant
QUALIFICATIONS
Knowledge of:
Various breeds of dogs, cats, and other domestic animals. Basic characteristics of animal behavior.
Care techniques.
Customer service techniques.
Procedures related to kennel cleaning and maintenance of facilities. Record keeping procedures
Occupational hazards and safe work practices related to animal care Safe driving principles and practices
Ability to:
Operate cleaning equipment and other tools used in the maintenance of kennels. Operate a vehicle observing legal driving practices.
Operate a cash register.
Administer injections and medication to all types of animals. Operate modern office equipment including computer equipment and software programs. Handle animals in a safe and efficient manner.
Learn, understand, and interpret rules and regulations governing the impounding and release of animals. Recognize normal and abnormal animal behavior.
Prepare and maintain accurate and complete records.
Meet and deal tactfully and effectively with the public. Respond to requests and inquiries for information regarding animal services. Work independently in the absence of supervision.
Understand and carry out oral and written instructions. Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to completion of the twelfth (12th) grade.
Experience:
Six (6) months of recent experience working with domestic animals in a veterinary hospital, clinical setting, or animal services facility or other comparable experience.
Licenses and Certifications:
Possession of, or ability to obtain, a valid Class C or Class 3 California Driver’s License to be maintained throughout employment and have a satisfactory driving record.
Shelter Attendant
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a field classification with frequent standing in work areas and walking between work areas required. Wrist flexion and lateral rotation are necessary in combination with grasping to handle a snare and leash. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift, move, and carry animals that typically weigh up to 100 pounds.
ENVIRONMENTAL CONDITIONS
Employees primarily work outside in variable weather conditions and under exposure to potentially infectious diseases and hazardous physical substances. May involve exposure to dangerous and/or diseased animals. This position will be around animals known to cause allergies. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
WORKING CONDITIONS
Must be available to work evenings, weekends, holiday, overtime, and callouts.
Department/Division: Police Department/Animal Services
Reports To: Animal Services Supervisor
Provides Direction To: N/A
Exemption Status: Non-exempt
Employment Grouping: N/A
Date Prepared: February 2023
Date Updated:
City of Upland
Part -Time
Salary Schedule Effective 06/26/2022; Rev 3.27.23
The following part-time hourly positions are associated with the full-time salary schedule.
Job Description Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 ACCOUNTANT 42 Hourly 28.01 28.71 29.43 30.16 30.92 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 ACCOUNTING TECHNICIAN 35 Hourly 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 ADMINISTRATIVE ASSISTANT 26 Hourly 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 BACKGROUND INVESTIGATOR 45 Hourly 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 CODE ENFORCMENT OFFICER 38 Hourly 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12
COMMUNICATIONS INFORMATION
SPECIALIST 45 Hourly 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 CUSTODIAN 22 Hourly 17.09 17.52 17.96 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 CUSTOMER SERVICE SPECIALIST I 25 Hourly 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 CUSTOMER SERVICE SPECIALIST II 29 Hourly 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 ENGINEERING TECHNICIAN 30 Hourly 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 FORENSIC SPECIALIST 38 Hourly 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 MAINTENANCE WORKER HRLY 28 Hourly 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 PAYROLL TECHNICIAN 39 Hourly 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 POLICE DISPATCHER I 31 Hourly 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 POLICE DISPATCHER II 35 Hourly 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 POLICE RECORDS SPECIALIST I 21 Hourly 16.68 17.09 17.52 17.96 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 POLICE RECORDS SPECIALISTII 25 Hourly 18.41 18.87 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 POLICE SERGEANT 5387 Hourly 50.19 52.70 55.33 58.10 61.01 POLICE SERVICE TECHNICIAN 27 Hourly 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.75 25.37 26.01 UTILITY SYSTEM WORKER 34 Hourly 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 WATER TREATMENT OPERATOR 37 Hourly 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 The following part-time hourly positions are temporary or seasonal.
Job Description Grade 1 2 3 4 5 Clerk I 37PT Hourly 16.21 17.02
Household Hazardous Waste (HHW) Worker56PT Hourly 16.82 17.68 18.56 19.49 20.45 Intern I 37PT Hourly 16.21 17.02
Intern II 44PT Hourly 15.75 16.55 17.37 18.25 Office Assistant 44PT Hourly 15.01 15.75 16.55 17.37 18.25 Park Ranger 79PT Hourly 21.15 22.21 23.32 24.49 25.71 Police Cadet 42PT Hourly 16.23 17.04 17.89 Police Officer Trainee 109PT Hourly 28.51 29.94 31.44 33.01 34.66 Recreation Leader 44PT Hourly 15.75 16.55 17.37 18.25 Recreation Specialist 63PT Hourly 18.04 18.95 19.89 20.88 21.93 Reserve Police Officer 6339 Hourly 36.61 38.44 40.37 42.38 44.50 Shelter Attendant 63PT Hourly 18.04 18.95 19.89 20.88 21.93 STEP
STEP
DATE: March 27, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, ASSISTANT CITY MANAGER
JESSICA GANDARA, RECREATION AND COMMUNITY SERVICES MANAGER SUBJECT: ATHLETIC FACILITIES POLICY AND PROCEDURE UPDATE
RECOMMENDED ACTION:
It is recommended that the City Council approve the proposed changes to the Athletic Facilities Policy and Procedures Manual (formerly Sports Field Policy Handbook) and adopt a Resolution amending the master fee schedule to establish an additional user group category for the use of athletic facilities.
GOAL STATEMENT
The proposed action supports the City’s goal of working with outside organizations wishing to utilize City parks for events.
BACKGROUND
In 2018, City Council approved changes to the Sports Field Handbook including sections defining user groups, application and allocation procedures, and user fees.
The attached proposed policy updates were presented to the City Council Advisory Committee at the December 1, 2021 meeting and there were no objections to the recommended changes.
ISSUES AND ANALYSIS
The City of Upland has an inventory of six soccer fields, seven baseball fields, and three softball fields. Parks are available for private and fee-based use, as well as collaborative opportunities for offering services to the community.
These fields are utilized by one youth soccer league, three youth baseball leagues, and one girls softball league. In addition to the resident youth nonprofit organizations, Upland High School and Western Christian High Schools utilize fields at Cabrillo, Greenbelt, and Memorial Parks for their sports programs.
Staff has assessed the need for additional modifications and believes it is appropriate to provide clean -up language to Council for approval in this housekeeping agenda item. The proposed Athletic Facilities Policy and Procedures policy includes revisions made for additional clarification, efficiency, possible expansion for future services, accountability for user groups, and insurance purposes.
Additionally, in an effort to adapt to the historical practice of waiving user fees for Group 2 users that do not charge their participants to join the league, staff is recommending that the City establish an additional user group category (Group 2.B). The Master Fee Schedule will be updated to reflect Group 2.B organizations will have no user fees applied for use of the fields, however they will be required to pay for use of lights as applicable.
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
City of Upland
Recreation and Community Services
651 W. 15th Street
Upland, CA 91786
(909) 931-4280
TABLE OF CONTENTS:
Purpose of Policy ...............................................................................................................................2 Definitions..........................................................................................................................................2 Priority Group Classifications ............................................................................................................3 Group 2 Criteria .................................................................................................................................4 Group 2 Paperwork Required ............................................................................................................5 Allocation Period ...............................................................................................................................6 Application Process ...........................................................................................................................6 Athletic Facilities Allocation Process ................................................................................................7 Athletic Facilities Usage Agreement .................................................................................................7 User Fee Schedule..............................................................................................................................8 Changes And Cancelations ................................................................................................................9 Indemnity And Insurance Requirements ...........................................................................................10 Special Event Permits ........................................................................................................................11 Three Strikes Policy ...........................................................................................................................11 Field Closures ....................................................................................................................................12 Reservable Facilities ..........................................................................................................................13
APPENDIX:
APPENDIX A, Athletic Facilities Use Rules & Regulations APPENDIX B, Application Check List
APPENDIX C, User Group/Organization Fact Sheet
APPENDIX D, Athletic Facilities Use Request Form
Rev: March 2023
City of Upland Athletic Facilities Policy & Procedures Manual Page 2
PURPOSE OF POLICY:
The City of Upland has experienced tremendous growth in sports, including new athletic organizations and emerging sports. This growth is anticipated to continue. The increased demand for the use of City amenities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. The policy set forth in this handbook will outline the allocation and rental policies for the permitted use of sports fields in the City.
This policy has been established to ensure that the fields are used for recreational, educational, and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses. Furthermore, to ensure that the needs of community-based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this manual.
DEFINITIONS:
Organization/User Group: An organized entity or group that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants.
UYNP: Upland-based Resident Youth Non-Profit Organization.
League: A youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.
New User: This is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of an Athletic Facility Use Request Form.
New users must adhere to the deadlines established herein in order to be eligible for field allocations. An organization, which changes its name but otherwise remains the same, shall not be considered a “new user.” Splinter, spin-off or subsidiary organizations will be considered “new users” if they have less than fifty percent of the original organization’s participants.
A current organization that merges with another current organization shall not be considered a “new user,” provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect. New divisions of current organizations must indicate such on their Athletic Facility Use Request Form. Upland Recreation and Community Services staff will dictate the maximum amount of teams or participants for all new users. Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date. This will provide the time necessary to study the impact of a new program on existing fields.
Primary User: This is an Upland Recreation and Community Services qualified Group 1 or
2.A/2.B organization and as such, has first priority for field use during the season in which they
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are classified as a primary user.
Secondary User: This is an Upland Recreation and Community Services qualified Group 3 & 4 organization. A Group 2.A/2.B user may also be considered a secondary user if they are requesting field space in a season other than that in which they are designated as a primary user for the season.
A secondary user may obtain field use allocations only if: a) a field is not used by a primary user; and, b) all primary users have received all field time requested and there is unused field time not allocated to primary users.
Resident: In determining 75% residency, any participant that lives in Upland, or attends a school in Upland, will be considered an Upland resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, “resident” shall be defined as an individual living within the incorporated boundaries of the City of Upland or who attends a school in the City of Upland. UYNP groups must have 75% or more of the participants living within the incorporated area of the City of Upland or attending school in Upland to receive priority field consideration and a discounted rate for applicable fees.
Non-Resident: For the purpose of this document, “non-resident” shall be defined as any individual living outside the incorporated boundaries of the City of Upland. Non-resident groups having less than 75% of the participants per team living within the incorporated area of the City of Upland shall be classified as “non-resident”. An organization or company located outside the incorporated boundaries of the City of Upland shall be classified as “non-resident”. Participants unable to furnish proof of residency shall be classified as “non-resident”.
Participant: In a youth league, “participant” shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, “participant” shall include only those players eighteen (18) years of age or older.
Recreational League: In a recreational league, rules require that everyone must play. Registration is open to everyone.
Competitive League: In a competitive league, there is no minimum play rule, and they have a selective registration process.
Field: Any open space located at a park that may be utilized for athletic purposes.
Code of Conduct: Approved classification Group 2.A/2.B organizations must file a City approved Code of Conduct for participants, parents, and coaches with the Upland Recreation and Community Services, as part of their permit requirements and application process. The Code of Conduct will outline the principles of sportsmanship, fair play and other ethical issues that relate to team sports.
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PRIORITY GROUP CLASSIFICATIONS:
Priority use of fields will be allocated as follows:
GROUP 1:
City-sponsored or co-sponsored events.
Upland Unified School District.
Organizations having a current Joint-Use Agreement with the City.
GROUP 2.A:
Non-profit youth organizations comprised of at least 75% overall Upland residents conducting activities open to the general public and offered to all youth in the community (recreational leagues).
Organization must submit team rosters to verify GROUP 2.A eligibility and meet other criteria outlined in this policy prior to scheduled use.
GROUP 2.B:
Non-profit youth organizations comprised of at least 75% overall Upland residents conducting activities open to the general public and offered to all youth in the community (recreational leagues).
Does not charge participants ANY fees to play in their league. Organization must submit team rosters to verify GROUP 2.B eligibility and meet other criteria outlined in this policy prior to scheduled use.
GROUP 3:
Upland based non-profit youth organizations comprised of less than 75% but at least 1% overall Upland residents holding activities not offered to all youth in the community with closed or invitation only sign-ups, who accept participants on their ability to play. Priority scheduling will be based on actual percentage of Upland residents playing in league. Must provide proof of residency (Example: utility bill) and complete team rosters including participant’s name, address, city, zip code and phone number.
GROUP 4:
Private reservations, for-profit reservations, and non-residential organizations. Priority scheduling may be based on timely submission of documents, residency, youth or adult programming, and/or longevity.
GROUP 2 CRITERIA:
To qualify as an Upland Youth Non-Profit Organization (UYNP) - Group 2:
Organization must have a Charter.
Organization must have a Board of Directors.
Organization must have a current Determination Letter of Exempt Status, U.S. Treasury 501c3 or certify affiliation with a national non-profit organization. Organization must have an active Determination Letter of Exempt Status, State Franchise
City of Upland Athletic Facilities Policy & Procedures Manual Page 5
Tax Board.
Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
Organization must coordinate league within City limits, schedule games based on registration for play in Upland, and maintain a 75% overall residency of participants. Registration must be open to any Upland resident and not based on skill level. Every player must play.
Organization must submit game schedules prior to the start of season. Organization must be managed by volunteers.
Organization must uphold parents, coaches and participants to an approved “Code of Conduct,” as initiated in their Bylaws and rules and regulations. NOTE: Failure to submit and uphold all members of an organization to an approved “Code of Conduct” may result in an organization’s forfeiture of all field allocations. Organization must conduct all sport related activity on issued field space and within time allocated based on permits.
Rosters with proof of residency may be required and subject to request of Upland Recreation and Community Services.
GROUP 2 PAPERWORK REQUIRED:
A complete UYNP Athletic Facility Use Request Form and filing packet, consisting of:
User Group/Organization Fact Sheet
Articles of Incorporation and/or Bylaws
Valid Certificate of Insurance and Endorsements
Valid Determination Letter of Exempt Status, U.S. Treasury Valid Determination Letter of Exempt Status, State Franchise Tax Board Signed Athletic Facilities Usage Agreement
Sample Code of Conduct
Master Calendar of Events (Ex: Opening Day)
An Athletic Facility Use Request Form and required paperwork must be received on or before December 15 for spring/summer sports and by July 15 for fall/winter sports. Final rosters and master schedule must be submitted by January 15 for spring/summer sports and by August 15 for fall/winter sports. It is the responsibility of the UYNP to provide accurate dates, including holidays.
* Complete team rosters including participant’s name, address, city, zip code, and phone number may be required. Included with the rosters should be a utility bill for each individual participant.
Examples: gas, electric, phone, cable, and/or water bill. Not accepted: school I.D., driver’s licenses or birth certificates. The City of Upland reserves the right to audit or verify any information submitted on rosters at any time to verify participation or residency. Incomplete rosters or rosters with less than the age division or minimum player rule per team will not be accepted.
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Failure to submit the above-mentioned information by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.
GROUP 3 & 4 PAPERWORK REQUIRED:
A complete Athletic Facility Use Request Form and filing packet, consisting of:
Valid Certificate of Insurance and Endorsements
Fields available on a first come basis, based on availability after Group 2 has been allocated.
Occasional or one time only user requests must be submitted on appropriate forms seven (7) days prior to requested facility use date. Late notice requests may be accepted and approved based on availability and processing of documents.
LEAGUE ALLOCATION PERIOD:
SPRING/SUMMER:
January 1st-July 31st
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations
UYNP Football Organizations
FALL/WINTER:
August 1st-December 31st
UYNP Baseball and Softball Organizations
UYNP Soccer Organizations
APPLICATION PROCESS:
The allocation process begins with the annual Athletic Facility Allocation Meeting. Typically held in November and May, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre- requisites. Organizations who do not send a representative may lose their priority rating for scheduled use of facilities.
Athletic Facility Use Request Forms to reserve the use of athletic fields are made through t he Upland Recreation and Community Services. Priority will be given to qualified groups submitting an application prior to the deadline. Applications must be submitted a minimum of thirty (30) days prior to intended use.
All applications are subject to review by the Upland Recreation and Community Services and may
City of Upland Athletic Facilities Policy & Procedures Manual Page 7
be rejected based on date submitted, field availability and/or outstanding balance due on account.
Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of thirty (30) days prior to field rental date. User group may adjust permit to increase usage but are not permitted to reduce use.
Upland Recreation and Community Services reserves the right to cancel Athletic Facility Use Permits without notice due to unforeseen circumstances and/or renovation schedules.
Each UYNP organization filing an Athletic Facility Use Request Form will be required to submit all documentation to Upland Recreation and Community Services no later than thirty (30) days prior to start of season. Failure to submit the required documentation by the specified deadlines may result in the following penalties: 1. New users may be denied all use for the upcoming allocation period. 2. Returning users may not receive some or any fields requested.
FIELD ALLOCATION PROCESS:
Allocations will not be finalized until all required documentation has been submitted. Permits are created based on the following criteria: season, sport, number of teams per organization, group classification, age division and league seniority. User group meetings are scheduled to review allocated field space with all assigned users on each field to resolve any schedule conflicts.
Permits and user agreements are emailed to the User Group. Permits will not be issued by the Upland Recreation and Community Services until all conditions are met and all necessary documentation has been completed and received by the Upland Recreation and Community Services.
The City has the final say in which field(s) an organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested. Every attempt will be made to meet schedule requests. However, youth organizations should not assume field availability for new/or expanding programs. All conflicts will be resolved according to priority of usage.
TOURNAMENTS:
All UYNP, resident, and non-resident youth organizations conducting tournaments must pay applicable fees determined by the City of Upland’s User Fee Schedule. Any UYNP conducting non-league or charter-sanctioned games, practices, tournaments, or sport related activities must pay applicable fees determined by the City of Upland’s User Fee Schedule.
The User Group is responsible for cleaning facility following the event. Under the permit, the User Group assumes financial responsibility for any damages, and/or field repairs due to the misuse associated with the use of facilities.
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ATHLETIC FACILITIES USAGE AGREEMENT:
All Group Users will be required to sign an Athletic Facilities Usage Agreement annually. The Agreement spells out specific usage requirements including, insurance requirements, maintenance responsibilities, and City contact information.
GROUPS 3 & 4 SPORTS FIELD DEPOSIT:
All Competitive Sports Leagues will be required to pay a $500 refundable deposit. Provided there is no violation of the Athletic Facility Policy & Procedures Manual, rental hours are not exceeded, excessive cleaning is required, or damage to the facility, deposits made by cash or check will be mailed to the responsible person within 4 to 6 weeks after the completion of use of City f ields.
Deposits made by credit card will be refunded within 1 week after the completion of use of City fields.
USER GROUPS FEE SCHEDULE:
The City charges fees to offset public expenses to operate, maintain, supervise and administer the use of park and athletic facilities. Fees for use of athletic facilities shall be in accordance with current Schedule of Fees, set by resolution and approved by City Council. The Group 2 User fees shall be a set percentage of the fees applied to non-Upland resident teams. Proof of Upland Residency will be in accordance to terms set in the Field Use Agreement signed by the non-profit organization and the City of Upland.
Groups 3 & 4 Users will be charged fees to offset public expenses to operate, maintain, supervise, and administer the use of park and athletic facilities. Fees for use of athletic facilities and lights shall be in accordance with current Schedule of Fees, set by resolution and app roved by City Council. All fees are subject to change.
Group 2.A/2.B Sports Field Fees – Per Hour : 75% Upland Resident Teams Group 2.A Users will pay $3 per hour for use of fields.
Group 2.B Users will not pay for hourly field use but will pay for hourly light usage as applicable.
Group 2 Sports Field Light Fees – Per Field/Per Hour
Softball & Little League Fields $4.00
Cabrillo Soccer Complex – North $2.75
Cabrillo Soccer Complex – South $5.00
Groups 3 & 4 Sports Field Fees – Per Hour/Per Field:
Youth Group Field Use $15
Adult Group Field Use $30
City of Upland Athletic Facilities Policy & Procedures Manual Page 9
Groups 3 & 4 Sports Field Light Fees – Per Hour/Per Field:
Cabrillo Park Soccer Complex $25
Memorial Park Baseball Fields $20
Softball and Little League Fields $20
Other Fees:
Maintenance Fee (Per Field) $15 per hour
Maintenance Worker $65 per hour
Park Monitor $45 per hour
Key Deposit (Refundable) $100
Competitive League Sports Field Usage Deposit (Refundable) $500 Cancelation Fee: $100
PAYMENT:
All user groups will pay fees per the Master Fee Schedule.
User Group 2.A/2.B will be required to make payment in full within (30) thirty days of receipt of invoice.
User Group 3 & 4 will be financially responsible for any charges/fees applicable for use of facility.
Fees must be paid in full a minimum of thirty (30) days prior to field rental date. User Group may adjust permit to increase usage but are not permitted to reduce use without notification of at least (3) business days in advance.
Outstanding balances may not be carried over into the next allocation period. Payments ma y be made to Upland Recreation and Community Services.
Failure to pay the outstanding balance on or before the end of the allocation period will result in the group forfeiting priority on traditional fields and non-issuance of permits for upcoming allocation periods.
CHANGES & CANCELATIONS:
Any UYNP organization that has been allocated space and does not intend to use it regularly, must notify the Upland Recreation and Community Services in writing at least two (2) weeks prior to their intent to release their allocation. Any applicable fees will be collected with less than two - weeks’ notice. Released fields will be evaluated and re-allocated per the allocation guidelines.
Any fields released by an organization will not be re-instated but may be requested for the following allocation period.
Groups 3 & 4:
Cancelation and change notifications must be received at least three (3) business days prior to event. A partial refund or credit will be given for cancellations or changes made at least
City of Upland Athletic Facilities Policy & Procedures Manual Page 10
three (3) business days prior to event. The applicant will forfeit all payments/deposits and will be held financially responsible for all outstanding fees associated with the permit for events cancelled within three (3) business days before an event.
Please contact Upland Recreation and Community Services via telephone or e-mail to report your field cancellation, Monday through Thursday, 7:00 a.m. - 6:00 p.m. via phone at (909) 931-4288 or via email at [email protected]. Cancellation notifications must be received by email or phone call. Text messages will not be accepted.
Cancellations due to rain or inclement weather must be reported to the Upland Recreation and Community Services. Permits will be credited for weather-related cancellations.
EFFECTIVE USE OF FIELDS AND ACCOUNTABILITY:
The User Group’s President, board members, or designated representative as listed on the application shall remain on the premises for the entire duration of the reservation. Failure to observe this condition may be grounds for the immediate cancellation of the reservation.
User Group may not sublease, lend, share, or give away fields that have been reserved under their name. Any infractions found may result in immediate loss of field use. This may jeopardize future use of fields and leagues opportunities to submit future applications.
FIELD LIGHTS:
Most field lights are scheduled through the web-based application, www.lightsonsites.com . All User Groups will be required to create an account, with a credit card to be utilized for payment.
Lights can be scheduled through Upland Recreation and Community Services without payment but are not able to be turned on without payment. It is the responsibility of the User Group to turn lights on and off accordingly. Organizations found with lights on and no activity on the field will be billed accordingly.
INDEMNITY AND INSURANCE REQUIREMENTS:
Without limiting its indemnification of the City, the User Group shall obtain, provide, and maintain, at its own expense during the term of the agreement, a policy or policies of liability insurance.
The City of Upland requires User Groups to provide General Liability Insurance in the amount of $1,000,000 per occurrence, $2,000,000 general aggregate. The coverage shall include bodily injury, personal injury, and property injury. All User Groups must enter into a hold harmless agreement with the City which will, in part, indemnify City, its officers, employees and agents, from any liability arising from User Group’s activity.
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The insurance coverage shall be primary insurance and/or primary source of recovery as respects to City, its elected officials, employees and volunteers with respect to all claims, losses, or liability.
The insurance coverage shall include a Waiver of Subrogation endorsement in favor of the City, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation.
The insurance coverage should include the following address: City of Upland, 460 N.
Euclid Avenue, Upland, CA 91786.
SPECIAL EVENT PERMITS:
An activity in which an event is outside of the normal scope of the Organization’s purpose may be required to obtain a Special Event Permit.
All Special Event Permits must be requested at least (45) forty-five days in advance.
ATHLETIC FIELD LINING/MARKING:
The lining of natural grass fields shall be the responsibility of the primary user organizations (Group 1 and Group 2.A/2.Bfor only) and the layout of each field shall be agreed upon by the user organization and the City of Upland. Burning of lines and lining the fields with chalk is not permitted on any field. Upland Recreation and Community Services must approve fields needing to be lined outside of traditional dimensions.
Any User Group failing to comply with the guidelines listed above shall pay for all damages to athletic facilities resulting in termination of use of athletic field.
THREE STRIKES POLICY:
The purpose of this policy is to implement a systematic method of enforcing the City of Upland’s Municipal Code and the Athletic Facilities Policy & Procedures Manual. Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization. Upland Recreation and Community Services reserves the right to cancel or suspend approved for games, practices, and other usages based on user groups violation of the City Municipal Code or established Athletic Facilities Policy & Procedures Manual. Non-Adherence to City policy and City ordinances may result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.
The following are examples that may result in strikes being issued:
Illegal use of fields without a permit.
Illegal use of park space not designated for intended athletic sport related use. Vending on City premises without permit or written consent from Upland Recreation and
City of Upland Athletic Facilities Policy & Procedures Manual Page 12
Community Services.
Organizations found to be practicing or playing games prior to or outside of their permitted time and/or date.
Organizations found to be practicing or playing games in locations other than those authorized by the City of Upland.
Organizations found to be sub-letting or swapping field permits with any other organizations.
Organizations found to be practicing or playing games on fields which have been previously closed due to inclement weather or any other purpose. Organizations failing to meet monthly financial obligations. Organizations conducting adult practice and/or games on fields allocated to youth. Organizations not utilizing permitted fields.
Organizations utilizing athletic facility lights outside of reserved time frame. League representative disrespecting a field monitor or organization representative.
Strike One:
Consists of documented activity in direct violation of the City Municipal Code or Athletic Facilities Policy. A letter will be written to the user group president and field allocation representative documenting the violation. The letter will be placed in the group’s file. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Strike Two:
Occurs after a second documented violation within a current allocation period. The group will be informed in writing that a Community Services staff member will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Strike Three:
The third documented violation within the current allocation period. All permits held by said organization/entity for the remainder of the allocation period and future allocation will be revoked. This may be appealed to the Upland Recreation and Community Services designee. Staff costs will be absorbed by the organization as stated by the City of Upland Schedule of Fees.
Notwithstanding the above, the City has the discretion to revoke the right to use any field or facility to any User Group immediately without following the three strikes procedure set forth above if the violation of state law, the Municipal Code, this policy or other policies, rules or regulations warrant such immediate revocation as determined by the City in its sole discretion.
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FIELD CLOSURES:
The City of Upland reserves the right to suspend facility availability during periods of inclement weather, poor playing conditions, damage (which would cause hazardous safety considerations), and for necessary maintenance.
When thunder is heard and lightening is seen during field use, User Group must suspend play and take shelter immediately. Once pla y has been suspended, User Group shall wait at least (30) thirty minutes after the last thunder is heard or lightning flash is witnessed prior to return to play.
User Groups may reserve the right to cancel practices or games if they feel that the fields are unplayable due to weather conditions. User Groups are required to make every effort to contact Upland Recreation and Community Services staff to report the cancelation.
Lights may be canceled, and fees may be adjusted.
RESERVABLE FIELDS:
Cabrillo Soccer Fields 11th Street Between Mountain Avenue & Benson Avenue Fields 1-6
Citrus Park 8th Street between Mountain Avenue & Benson Avenue Major & Minor
Greenbelt Park 15th Street between Mountain Avenue & Benson Avenue North, South, West
Memorial Park Foothill Boulevard between Grove Avenue & Campus Avenue North, South, Rotary
San Antonio Park 24th Street and Mountain Avenue
Major & Minor
Sierra Vista Park 15th Street & 2nd Avenue
North & East*
*Lights unavailable
Use of facilities will be limited to weekdays, 2:00 p.m.-10:00 p.m. and Saturdays & Sundays, 8:00 a.m.-10:00 p.m.
Permits may be extended on a conditional use agreement. Park curfew is 10:00 p.m.-7:00 a.m.
Sports fields may be closed from time to time for maintenance and may be closed on all major holidays.
Permits may be obtained on a rental basis or conditional use agreement. Groups failing to comply with scheduled field closures may have permits revoked.
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It is
the responsibility of the person in charge and identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities.
These rules include, but are not limited to:
Use will begin no earlier than 8:00 a.m. Use will end at dusk on unlit fields and end by 10:00 p.m. on lit fields, except where noted on approved Special Event Permit. Permitted use begins and ends at the times stated on the Sports Facility Reservation Form, including set-up and clean-up.
Users may not make any alterations to facility without first obtaining the City’s permission. Vehicles are not allowed on City property except in marked parking lot areas, unless written permission is obtained by the City.
Parking is allowed in designated areas only. Vehicles are not permitted on the grass. Parking lot gates must be closed each night. Overnight parking is not permitted. All fire lanes and emergency entrances/exits must remain clear and off -street public parking areas are to be used only when necessary.
Applicant’s copy of the A must be available during use and presented to any City Representative upon request.
No team can transfer its field use privilege without City consent. Alcohol/tobacco is not allowed at any City of Upland facility. Selling of food or other items is permitted in City concession/snack bar facilities only. A Health Permit and City of Upland Business License is required for all concession and snack bar facilities.
Primary user has priority use of snack bars.
Sound amplification equipment will be allowed in City parks subject to conformance with the City’s noise ordinance.
Property boundary walls and fences are not to be used as backstops at any time. Balls and any other equipment thrown, batted, kicked or otherwise, landing on private property must not be retrieved without the property owner’s permission. Portable goals and/or markers are allowed, but must be removed daily. Leagues must adhere to all rules and regulations limiting the number of teams per field. The field and adjoining areas affected by the group’s use must be picked up and cleared of all trash and debris generated by the group.
Equipment stored (with permission only) by the league is not the responsibility of the City. Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by contacting Upland Recreation and Community Services at (909) 931-4289.
Non-Adherence to any of these rules or City ordinances will result in the retention of a portion of or all of the deposit and/or result in the cancellation of current and/or future use.
Any user failing to comply with established guidelines and notifications is subject to invoicing for all damages incurred to facility and termination of the facility use permit.
Applicant Signature: Date:
City of Upland
Recreation and Community Services
ATHLETIC FACILIITES USE RULES AND REGULATIONS
APPENDIX A
City of Upland Athletic Facilities Policy & Procedures Manual Page 15
UYNP Required Paperwork To Be Submitted To Upland Recreation And Community Services:
Sports Field Use Request Form
Valid Insurance Certificate (See Page xx)
Determination Letter of Exempt Status, United States Treasury Determination Letter of Exempt Status, State Franchise Tax Board Articles of Incorporation and/or By-Laws
Sports Field Use Agreement
Current List of Board of Directors
Master Calendar of Events (Ex: All-Stars, Tournaments, Picture-Day) Date Completed:
Required Paperwork To Be Submitted To Upland Recreation & Community Services (Groups 3&4):
Sports Field Use Request Form
Valid Insurance Certificate (See Page xx)
City of Upland Business License
Special Event Permit (If Applicable)
Date Completed:
City of Upland Athletic Facilities Policy & Procedures Manual Page 16
City of Upland
Recreation and Community Services
APPLICATION CHECKLIST
APPENDIX B
Organization Name:
Main Contact:
Mailing Address:
Phone Number:
E-mail Address:
UYNP Required Paperwork To Be Submitted To Upland Recreation And Community Services:
Athletic Facilities Use Request Form
Valid Insurance Certificate (See Page xx)
Determination Letter of Exempt Status, United States Treasury Determination Letter of Exempt Status, State Franchise Tax Board Articles of Incorporation and/or By-Laws
Athletic Facilities Use Agreement
Current List of Board of Directors
Master Calendar of Events (Ex: All-Stars, Tournaments, Picture-Day) Date Completed:
Required Paperwork To Be Submitted To Upland Recreation & Community Services (Groups 3&4):
Athletic Facilities Use Request Form
Valid Insurance Certificate (See Page 10)
City of Upland Business License
Special Event Permit (If Applicable)
Date Completed:
City of Upland Athletic Facilities Policy & Procedures Manual Page 17
APPENDIX C
Organization Name:
Main Contact: Federal ID#:
BOARD OF DIRECTORS
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
Name: Title:
Phone: Email:
City of Upland
Recreation and Community Services
USER GROUP/ORGANIZATION FACT SHEET
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AMENDING THE MASTER FEE
SCHEDULE TO ESTABLISH AN ADDITIONAL USER GROUP
FOR THE USE OF ATHLETIC FACILITIES.
WHEREAS, the Upland Municipal Code permits the City Council to establish the fees and charges provided herein by resolution.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recital is true and correct and are incorporated herein by this reference.
Section 2. The attached amended portion of the Master Schedule of Fees, as provided in Exhibit A, is herewith approved, and adopted.
Section 3. The Resolution shall prevail over any existing resolution in the event of conflict.
Section 4. 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 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 6. 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.
Resolution No.
PASSED, APPROVED and ADOPTED this 27th 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 27th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
City of Upland
Exhibit A – Master Fee Schedule Update - 2023
Sports Fields Current
Fee/Charge Unit
Field or Park Site Permits 10.00 Each Request
Sports Fields key deposit 100.00 Deposit
Group 2 - Sports Fields (CBSOs) 3.00 Per Hour, Per Field Group 2.B – Sports Fields (CBSOs – no participant fees applied) N/A N/A Group 3 Sports Fields (Non-Resident Youth Sports Organizations) 15.00 Per Hour, Per Field Group 4 Sports Fields (Private Reservations or For-Profit Sports Organizations) 30.00 Per Hour, Per Field Sports Field Lights:
Softball & Baseball Fields (All CBSOs) 4.00 Per Hour
Softball & Baseball Fields (Non-Resident Youth Sports Organizations) 20.00 Per Hour Softball & Baseball Fields (Private Reservations or For-Profit Sports Organizations) 20.00 Per Hour Cabrillo Park Soccer Complex - North Side (All CBSOs) 2.75 Per Hour Cabrillo Park Soccer Complex - North Side (Non-Resident Youth Sports Organizations) 25.00 Per Hour
Cabrillo Park Soccer Complex - North Side (Private Reservations or For-Profit Sports Organizations) 25.00 Per Hour
Cabrillo Park Soccer Complex - South Side (All CBSOs) 5.00 Per Hour Cabrillo Park Soccer Complex - South Side (Non-Resident Youth Sports Organizations) 25.00 Per Hour
Cabrillo Park Soccer Complex - South Side (Private Reservations or For-Profit Sports Organizations) 25.00 Per Hour
DATE: March 27, 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 FEBRUARY 2023
RECOMMENDED ACTION:
It is recommended that the City Council receive and file the February 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 und er 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 next si x 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 27, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: RESOLUTION TERMINATING THE POLICY AND PLAN AGREEMENT BETWEEN THE CITY OF UPLAND AND HISTORIC DOWNTOWN UPLAND, INC. REGARDING THE
DISTRIBUTION OF PARKING AND BUSINESS IMPROVEMENT AREA FUNDS
RECOMMENDED ACTION:
It is recommended that the City Council adopt the Resolution terminating the Policy and Plan Agreement between the City of Upland and Historic Downtown Upland, Inc., dated April 22, 2019, regarding the distribution of Parking and Business Improvement Area funds in the Downtown.
GOAL STATEMENT
The proposed action supports the City’s goal to monitor the use of PBIA funds for adherence to the conditions for funding and transparency.
BACKGROUND
On February 27, 2023, the City Council conducted a workshop to discuss potential options in expending Parking and Business Improvement Area (PBIA) funds in the Downtown, in li eu of the Policy and Plan Agreement with Historic Downtown Upland, Inc. The Council was exploring a more effective approach in fulfilling the goals and objectives to enhance the Downtown’s economic vitality and public infrastructure.
After a discussion of the options provided by staff, the City Council directed staff to terminate the Policy and Plan Agreement with Historic Downtown Upland, Inc. The Council designated the Development Services Department staff to spend the PBIA funds on items contained in the current budget approved by staff under the Policy and Plan, public infrastructure/public realm priority items contained in the Final Report of the Ad Hoc Committee on Downtown, as well as other uses provided in Section 5.040.460 of the Upland Municipal Code that PBIA funds can be utilized. Staff will continue to meet and confer with HDU to obtain their input on items to be funded by PBIA funds.
ISSUES AND ANALYSIS
Attached is a Resolution that formally terminates the Policy and Plan Agreement between the City of Upland and Historic Downtown Upland, Inc. This was recommended by the City Attorney to document the City Council’s action rather than rely on minute action at the Special February 27, 2023 Council meeting.
ENVIRONMENTAL DETERMINATION
The subject action only replaces who will be responsible for expending PBIA funds in the Downtown. In general, the PBIA imposes an additional tax levy on businesses within the Downtown area and is used to promote the Downtown businesses, improve and maintain infrastructure, and improve the economic vitality in the Downtown area. This program is not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines. Under this section, a project does not include a governmental funding mechanism or other government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACTS
The proposed action does not pose a fiscal impact on the General fund. PBIA funds are restricted and can only be used in the PBIA. Fifteen percent (15%) of the PBIA funds collected annually remain with the City to pay for staff’s costs in administration and implementation of the program.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA TERMINATING THE POLICY AND
PLAN AGREEMENT BETWEEN THE CITY OF UPLAND AND
HISTORIC DOWNTOWN UPLAND, INC. REGARDING THE
DISTRIBUTION OF PARKING AND BUSINESS
IMPROVEMENT AREA FUNDS
WHEREAS, on November 1, 1966, the City Council established a parking and business improvement area within the Town Center Project Area, classifying various businesses for such purposes, the zones therein, the proposed uses for which the additional revenues shall be expended, the initial tax, and amending the Upland Municipal Code by adding Article IV thereof a new Part 3 of Chapter 4 entitled "Business License for Parking and Business Improvement Area"; and
WHEREAS, on November 28, 1994, the City Council adopted Resolution No. 4579, amending Resolution No. 4560 and declaring its intention to: (1) Disestablish portions of the parking and business improvement area; (2) Change the rates of the additional levy imposed on businesses within the new boundaries of the parking and business improvement areas; and (3) Change the uses to which the proceeds from the additional levy shall be applied.; and
WHEREAS, Upland Municipal Code sections 5.04.430 through 5.04.520 apply to the Downtown Parking and Business Improvement Area; and
WHEREAS, on April 22, 2019, the City Council approved a Policy and Plan Agreement with Historic Downtown Upland, Inc. which designates them as the Merchant Board to receive PBIA funding, sets forth the City’s expectations of HDU, establishes performance measures to be followed by HDU, and the conditions for funding.
WHEREAS, on February 27, 2023, the City Council conducted a workshop to discuss potential options in expending Parking and Business Improvement Area (PBIA) funds in the Downtown, in lieu of the Policy and Plan Agreement with Historic Downtown Upland, Inc., and voted to terminate the Policy and Plan Agreement with Historic Downtown Upland, Inc., and designated the Development Services Department staff to receive and spend the PBIA funds in Downtown;
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The Policy and Plan Agreement, dated April 22, 2019, is hereby terminated, and the Development Services Department staff shall be responsible to receive and spend PBIA funds in the Downtown on the uses provided in Section
5.040.460 (Parking and Business Improvement Area – Uses and Purposes) of the Upland Municipal Code.
Resolution No.
Section 3. 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 Section 15378 of the CEQA Guidelines. Parking and Business Improvement funds are not considered a “project” under CEQA which does not include a governmental funding mechanism or other government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The PBIA imposes an additional tax levy on businesses within the Downtown area and is used to promote the Downtown businesses, improve and maintain existing infrastructure, and improve the economic vitality in the Downtown area.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 27th 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 27th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
DATE: March 27, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR
JOSHUA WINTER, SENIOR PLANNER
SUBJECT: REVIEW OF THE 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT ON
IMPLEMENTATION OF THE GENERAL PLAN HOUSING ELEMENT
RECOMMENDED ACTION:
It is recommended that the City Council receive comments from the public on the 202 2 Housing Element Annual Element Progress Report (“APR”) and direct staff to submit it to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
GOAL STATEMENT
The proposed action supports the provision of accurate and thorough information in a timely manner to ensure that community members have an opportunity to respond effectively.
BACKGROUND
California Government Code Section 65400 (“Section 65400”) requires cities and counties to prepare and submit an APR to the State by April 1 of each year. APRs must be submitted to two State agencies: the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The APR describes each jurisdiction’s progress in implementing the housing elements of their General Plans.
The draft 2022 APR (Exhibit A) provides an update on the City’s progress in implementing the 20 21-2029 Housing Element. The APR describes the City’s accomplishments through the end of calendar year 2022 that contribute toward meeting its Regional Housing Needs Allocation (RHNA).
The State provides a standardized form, which previously included nine (9) components, for local agencies to fill in the required reporting information. For the 2022 reporting year, the form was expanded to include two (2) additional components, including Table I and Table J, which are further discussed below.
ISSUES AND ANALYSIS
The APR is the State’s tool for tracking and monitoring the City’s progress in meeting local housing needs and compliance with State housing element law. There are eleven (11) components to the APR. These components are described further below and depicted in Exhibit A.
Part 1: Table A describes the number of Housing Development applications submitted from January 1, 2022 to December 31, 2022. Table A-2 describes annual residential activity which specifies when an application was entitled (approved), permitted (building permits issued) and completed (finaled by Building Inspector) pursuant to the income levels, from January 1, 2022 to December 31, 2022. In Table A, one (1) project with a total of 24 residential units was proposed in 2022, which included 21 above-moderate income level units and three (3) deed restricted low-income units. As shown in Table A-2, a total of 64 units were entitled (Rose Glen Specific Plan), and 204 building permits were issued, with 59 units at moderate-income level and 145 units at above-moderate income level. A total of 81 units were completed in 2022; of which, 38 were moderate- income level units and 43 were above-moderate income level units.
Part 2: Table B describes the Regional Housing Needs Allocation Progress. For 2021-2029 6th Cycle; the City was allocated a total of 5,673 units. Inclusive of permits issued from 2021 and 2022, the City has a total remaining allocation of 5,433 units.
Part 3: Table C describes the number of sites identified or rezoned to accommodate shortfall housing n eeds. Two housing sites that were identified in the site inventory contained within the Housing Element were rezoned during the reporting period, including the site for the Rose Glen Specific Plan and a single -family residential parcel located at 370 S. 1st Avenue. The two sites, rezoned, have a realistic capacity of 65 units.
Part 4: Table D describes Housing Element Program Implementation status. All programs including local efforts to remove governmental constrains to the maintenance, improvement, and develop ment of housing as identified in the housing element have been updated.
Part 5: Table E describes the number of Commercial Development Bonus approved. None approved in this period.
Part 6: Table F describes the number of units rehabilitated, preserved and acquired for alternative adequate sites. A total of 10 units were rehabilitated during this period.
Part 7: Table G describes City owned land sold, leased, disposed of for the purpose of creating affordable housing.
None in this period.
Part 8: Table H identifies locally owned surplus sites. The City owns 13 parcels; 6 of which are in the process of being sold to a developer who will build a proposed 29-unit townhome project of which 15% will be reserved for low-income households.
Part 9: Table I is newly added in 2022. The table requires information for projects related to Senate Bill (SB) 9. SB 9 – the California Housing Opportunity and More Efficiency (HOME) Act streamlines the process for a homeowner to create a duplex or subdivide an existing lot. No SB-9 applications were submitted in 2022.
Part 10: Table J is newly added for 2022. This table requires information for projects submitted under SB 886 streamlining. SB 886 allows universities to build student housing projects on their campus faster and for lower cost by streamlining the CEQA review process. No projects were submitted under this provision.
Part 11: LEAP Reporting: The city must report if it received LEAP funding during this year and explain how the funding was used. The City received $300,000.00 in LEAP funding. The funding will be used for the costs associated with the 6th Cycle Housing Element, including required rezoning, and CEQA process related to the Housing Element implementation.
ENVIRONMENTAL DETERMINATION
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) because this action is a n administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACTS
Submittal of the APR is required by State law and may assist the City in qualifying for future State grant opportunities.
Otherwise, as the report is primarily for information purposes, this action does not have any fiscal impact.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
460 N. Euclid Ave.
Upland, CA
91784
Please Start Here
General Information
2022
Upland
Contact Information
Robert
Dalquest
Development Services Direcrtor
[email protected]
9099314148
Mailing Address
Annual Progress Report January 2020Page 78 of 2516
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 3 0 0 0 21 24 0 0 1046-341-02 1046-341-02 649 W Vernon
Drive Vernon Apartments 5+O 12/22/2022 3 21 24 0 No Yes 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 64 64 0 0 0 0 0 59 145 204 0 0 0 0 0 38 43 81 0 0 0 0 1007-041-05 1046-481-14 1400 E Arrow Highway
Rose Glen Specific
Plan SP-21-0002 SFD O 64 10/10/2022 64 0 0 0 N
1007-041-05 1046-333-32 229 N. SAN Antonio San Antonio
Apartments 2 to 4 R 0 0 6 08/21/2022 6 0 N
1047-181-02 Not Available 1589 Cloverdale Ave B202200653 SFD O 0 1 11/14/2022 1 0 0 N 1044-122-01 Not Available 2061 MOONLIT MARSH LOT 70 Enclave B202200431 SFD O 0 1 07/19/2022 1 0 0 N 1044-122-01 Not Available 2088 WILD WOODS 94 Enclave B202200503 SFD O 0 1 08/03/2022 1 0 0 N 1045-121-04 Not Available 2023 MOONLIT MAARCH PLAN 2
SFD Enclave B202200435 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 2028 DEWDROP LOT 15 Enclave B202200289 SFD O 0 1 06/14/2022 1 0 0 N 1046-462-16 Not Available 811 ENCHANTED HIDEWAY LOT
91 Enclave B202200495 SFD O 0 1 08/03/2022 1 0 0 N
1046-102-13 Not Available 2014 DEWDROP 8 Enclave B202100170 SFD O 0 1 03/17/2022 1 0 0 N Not Available 2067 WILD WOODS LOT 100 Enclave B202200672 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2084 WILD WOODS LOT 92 Enclave B202200498 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2070 MOONLIT MARSH LOT 69 Enclave B202200447 SFD O 0 1 07/19/2022 1 0 0 N Not Available 2017 DEWDROP LOT 17 Enclave B202200297 SFD O 0 1 06/14/2022 1 0 0 N Not Available 810 ENCHANTED HIDEAWAY LOT
90 Enclave B202200663 SFD O 0 1 12/01/2022 1 0 0 N
Not Available 2023 MOONLIT MARSH PLAN 2
SFD Enclave B202200436 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 2066 MOONLIT MARSH LOT 67 Enclave B202200440 SFD O 0 1 06/30/2022 1 0 0 N Not Available 2090 WILD WOODS LOT 95 Enclave B202200496 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2073 WILD WOODS LOT 97 Enclave B202200501 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2076 WILD WOODS LOT 86 Enclave B202200670 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2020 DEWDROP LOT 11 Enclave B202200288 SFD O 0 1 06/14/2022 1 0 0 N Not Available 2007 DEWDROP LOT 19 Enclave B202200293 SFD O 0 1 06/14/2022 1 0 0 N Not Available 2068 MOONLIT MARSH LOT 68 Enclave B202200430 SFD O 0 1 07/19/2022 1 0 0 N Not Available 2074 WILD WOODS LOT 85 Enclave B202200668 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2082 WILD WOODS LOT 89 Enclave B202200666 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2086 WILD WOODS LOT 93 Enclave B202200500 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2078 WILD WOODS LOT 87 Enclave B202200671 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2071 WILD WOODS LOT 98 Enclave B202200499 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2019 DEWDROP LOT 16 Enclave B202200290 SFD O 0 1 06/14/2022 1 0 0 N Not Available 809 ENCHANTED HIDEAWAY LOT
74 Enclave B202200432 SFD O 0 1 07/19/2022 1 0 0 N
Not Available 2069 WILD WOODS LOT 99 Enclave B202200497 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2015 DEWDROP LOT 18 Enclave B202200295 SFD O 0 1 03/22/2022 1 0 0 N Not Available 811 STARRY NIGHT LOT 83 Enclave B202200662 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2075 WILD WOODS LOT 96 Enclave B202200504 SFD O 0 1 08/03/2022 1 0 0 N Not Available 2065 WILD WOODS LOT 101 Enclave B202200673 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2008 ENCHANTED HIDEAWAY Enclave B202200291 SFD O 0 1 06/14/2022 1 0 0 N Not Available 2064 MOONLIT MARSH LOT 66 Enclave B202200438 SFD O 0 1 07/19/2022 1 0 0 N Not Available 807 ENCHANTED HIDEAWAY LOT
64 Enclave B202200429 SFD O 0 1 07/19/2022 1 0 0 N
Not Available 617 E 11Th St B202200629 SFD O 0 1 10/12/2022 1 0 0 N Not Available 2072 WILD WOODS LOT 84 Enclave B202200665 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2025 DEWDROP LOT13 Enclave B202200294 SFD O 0 1 03/22/2022 1 0 0 N Not Available 1618 HONEYSUCKLE PL Enclave B202100524 SFD O 0 1 09/08/2022 1 0 0 N Not Available 2012 DEWDROP Enclave B202200124 SFD O 0 1 03/10/2022 1 0 0 N Not Available 2016 DEWDROP Enclave B202100168 SFD O 0 1 03/22/2022 1 0 0 N Not Available 2063 WILD WOODS LOT 102 Enclave B202200664 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2080 WILD WOODS LOT 88 Enclave B202200669 SFD O 0 1 12/01/2022 1 0 0 N Not Available 2058 MOONLIT MARSH PLAN 2
SFD Enclave B202200437 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 2059 MOONLIT MARSH LOT 71 Enclave B202200441 SFD O 0 1 07/19/2022 1 0 0 N Not Available 2055 MOONLIT MARSH LOT 73 Enclave B202200448 SFD O 0 1 07/19/2022 1 0 0 N Not Available 2022 DEWDROP LOT 12 Enclave B202200292 SFD O 0 1 06/14/2022 1 0 0 N Not Available 2057 MOONLIT MARSH LOT 72 Enclave B202200439 SFD O 0 1 07/19/2022 1 0 0 N Not Available 2026 DEWDROP LOT 14 Enclave B202200296 SFD O 0 1 06/14/2022 1 0 0 N Not Available 1935 N EUCLID AVE B202100053 SFD O 0 0 1 02/28/2022 1 0 N Not Available 1594 REDWOODS PLACE DR Sycamore Hills B202100307 SFD O 0 0 1 06/20/2022 1 0 N Not Available 1590 REDWOODS PLACE DR Sycamore Hills B202100304 SFD O 0 0 1 06/20/2022 1 0 N Not Available 2023 MOONLIT MAARCH PLAN 2
SFD Enclave B202200435 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 1596 REDWOODS DRIVE PL Sycamore Hills B202100302 SFD O 0 0 1 06/20/2022 1 0 N Not Available 1592 REDWOODS DRIVE PL Sycamore Hills B202100303 SFD O 0 0 1 06/20/2022 1 0 N Not Available 460 E NICOLE CT B202100522 SFD O 0 0 1 07/14/2022 1 0 N Not Available 2023 MOONLIT MARSH PLAN 2
SFD Enclave B202200436 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 1598 REDWOODS DRIVE PL Sycamore Hills B202100301 SFD O 0 0 1 06/20/2022 1 0 N Not Available 1940 LAUREL AVE B202100056 SFD O 0 0 1 02/28/2022 1 0 N Not Available 2058 MOONLIT MARSH PLAN 2
SFD Enclave B202200437 SFD O 0 1 06/29/2022 1 1 07/06/2022 1 0 N Not Available 1586 REDWOODS TREE PL Sycamore Hills B202100309 SFD O 0 0 1 06/20/2022 1 0 N Not Available 1378 CHERVIL WAY UNIT B10 Ridgecrest P2 B202200254 SFA O 0 1 11/30/2022 1 0 0 N Not Available 2141 EMERALD GROTTO UNIT
154 Enclave B202200509 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 1367 ANISE WAY Ridgecrest P2 B202200196 SFA O 0 1 11/10/2022 1 0 0 N Not Available 1374 CHERVIL WAY UNIT B8 Ridgecrest P2 B202200247 SFA O 0 1 11/30/2022 1 0 0 N Not Available 2120 CRESCENT MOON 125 Enclave B202200276 SFA O 0 1 06/09/2022 1 0 0 N Not Available 1381 CHERVIL WAY UNIT B4 Ridgecrest P2 B202200245 SFA O 0 1 11/30/2022 1 0 0 N Not Available 1387 CHERVIL WAY UNIT B7 Ridgecrest P2 B202200258 SFA O 0 1 11/30/2022 1 0 0 N Not Available 1379 CHERVIL WAY UNIT B3 Ridgecrest P2 B202200252 SFA O 0 1 11/30/2022 1 0 0 N Not Available 180 TARRAGON WAY UNIT B13 Ridgecrest P2 B202200243 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2110 CRESCENT MOON 120 Enclave B202200423 SFA O 0 1 06/28/2022 1 0 0 N Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
Not Available 2179 WILLOW WISP UNIT 175 Enclave B202200149 SFA O 0 1 04/19/2022 1 0 0 N Not Available 2183 WILLOW WISP UNIT 177 B202200151 SFA O 0 1 04/19/2022 1 0 0 N Not Available 2112 CRESCENT MOON 121 Enclave B202200419 SFA O 0 1 06/28/2022 1 0 0 N Not Available 1383 CHERVIL WAY UNIT B5 Ridgecrest P2 B202200257 SFA O 0 1 11/30/2022 1 0 0 N Not Available 174 TARRAGON WAY UNIT B19 Ridgecrest P2 B202200237 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2107 CRESCENT MOON 135 Enclave B202200421 SFA O 0 1 06/28/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #3 IN
BLDG. 2 B202200119 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2119 CRESCENT MOON 129 Enclave B202200277 SFA O 0 1 06/09/2022 1 0 0 N Not Available 2142 EMERALD GROTTO 148 Enclave B202200510 SFA O 0 1 08/04/2022 1 0 0 N Not Available 1380 CHERVIL WAY UNIT B11 Ridgecrest P2 B202200248 SFA O 0 1 11/30/2022 1 0 0 N Not Available 1366 ANISE WAY UNIT B25 Ridgecrest P2 B202200250 SFA O 0 1 11/10/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #3 IN
BLDG. 1 B202200116 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2181 WILLOW WISP UNIT 176 Enclave B202200150 SFA O 0 1 04/19/2022 1 0 0 N Not Available 2147 EMERALD GROTTO UNIT
151 Enclave B202200515 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 2138 EMERALD GROTTO UNIT
146 Enclave B202200682 SFA O 0 1 12/08/2022 1 0 0 N
Not Available 1369 ANISE WAY Ridgecrest P2 B202200194 SFA O 0 1 11/10/2022 1 0 0 N Not Available 1375 CHERVIL WAY UNIT B1 Ridgecrest P2 B202200244 SFA O 0 1 11/30/2022 1 0 0 N Not Available 2143 EMERALD GROTTO UNIT
153 Enclave B202200511 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 1364 ANISE WAY UNIT B24 Ridgecrest P2 B202200249 SFA O 0 1 11/10/2022 1 0 0 N Not Available 1377 CHERVIL WAY UNIT B2 Ridgecrest P2 B202200251 SFA O 0 1 11/30/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #2 IN
BLDG. 1 B202200115 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2135 EMERALD GROTTO 157 Enclave B202200679 SFA O 0 1 11/03/2022 1 0 0 N Not Available 2118 CRESCENT MOON 124 Enclave B202200278 SFA O 0 1 06/09/2022 1 0 0 N Not Available 2103 CRESCENT MOON 137 Enclave B202200417 SFA O 0 1 06/28/2022 1 0 0 N Not Available 1356 ANISE WAY Ridgecrest P2 B202200195 SFA O 0 1 11/10/2022 1 0 0 N Not Available 1363 ANISE WAY Ridgecrest P2 B202200193 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2101 CRESCENT MOON 138 Enclave B202200427 SFA O 0 1 06/28/2022 1 0 0 N Not Available 182 TARRAGON WAY UNIT B12 Ridgecrest P2 B202200255 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2146 EMERALD GROTTO UNIT
150 Enclave B202200514 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 2132 EMERALD GROTTO UNIT
143 Enclave B202200676 SFA O 0 1 12/08/2022 1 0 0 N
Not Available 170 TARRAGON WAY UNIT B21 Ridgecrest P2 B202200239 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2117 CRESCENT MOON 130 Enclave B202200274 SFA O 0 1 06/09/2022 1 0 0 N Not Available 2108 CRESCENT MOON 119 Enclave B202200415 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2134 EMERALD GROTTO 144 Enclave B202200678 SFA O 0 1 11/03/2022 1 0 0 N Not Available 2121 CRESCENT MOON 128 Enclave B202200279 SFA O 0 1 06/09/2022 1 0 0 N Not Available 178 TARRAGON WAY UNIT B14 Ridgecrest P2 B202200256 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2139 EMERALD GROTTO UNIT
155 Enclave B202200683 SFA O 0 1 12/08/2022 1 0 0 N
Not Available 1376 CHERVIL WAY UNIT B9 Ridgecrest P2 B202200253 SFA O 0 1 11/30/2022 1 0 0 N Not Available 168 TARRAGON WAY UNIT B22 Ridgecrest P2 B202200240 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2133 EMERALD GROTTO UNIT
158 Enclave B202200677 SFA O 0 1 12/08/2022 1 0 0 N
Not Available 1385 CHERVIL WAY UNIT B6 Ridgecrest P2 B202200246 SFA O 0 1 11/30/2022 1 0 0 N Not Available 2014 CRESCENT MOON 117 Enclave B202200418 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2109 CRESCENT MOON Enclave B202200420 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2115 CRESCENT MOON 131 Enclave B202200426 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2136 EMERALD GROTTO
UNIT145 Enclave B202200680 SFA O 0 1 12/08/2022 1 0 0 N Not Available 2122 CRESCENT MOON 126 Enclave B202200273 SFA O 0 1 06/09/2022 1 0 0 N Not Available 2111 CRESCENT MOON 133 Enclave B202200424 SFA O 0 1 06/28/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #2 IN
BLDG. 2 B202200118 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2137 EMERALD GROTTO UNIT
156 Enclave B202200681 SFA O 0 1 12/08/2022 1 0 0 N
Not Available 2144 EMERALD GROTTO
UNIT149 Enclave B202200512 SFA O 0 1 08/04/2022 1 0 0 N Not Available 1368 ANISE WAY UNIT B26 Ridgecrest P2 B202200242 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2106 CRESCENT MOON 118 Enclave B202200422 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2105 CRESCENT MOON 136 Enclave B202200425 SFA O 0 1 06/28/2022 1 0 0 N Not Available 2116 CRESCENT MOON 123 Enclave B202200275 SFA O 0 1 06/09/2022 1 0 0 N Not Available 172 TARRAGON WAY UNIT B20 Ridgecrest P2 B202200238 SFA O 0 1 11/10/2022 1 0 0 N Not Available 2123 CRESCENT MOON 127 Enclave B202200280 SFA O 0 1 06/09/2022 1 0 0 N Not Available 1362 ANISE WAY UNIT B23 Ridgecrest P2 B202200241 SFA O 0 1 11/10/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #1 IN
BLDG. 2 B202200117 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2145 EMERALD GROTTO UNIT
152 Enclave B202200513 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 2140 EMERALD GROTTO UNIT
147 Enclave B202200508 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 2113 CRESCENT MOON 132 Enclave B202200416 SFA O 0 1 06/28/2022 1 0 0 N Not Available 278 N 11TH AVE UNIT #1 IN
BLDG. 1 B202200114 SFA O 0 1 07/13/2022 1 0 0 N
Not Available 2114 CRESCENT MOON 122 Enclave B202200272 SFA O 0 1 06/09/2022 1 0 0 N Not Available 1743 FRANKLIN TREE PL Sycamore Hills B202100211 SFA O 0 1 05/10/2021 1 1 02/06/2022 1 0 N Not Available 1370 ANISE WAY HOUSE BLDG
PERMIT Ridgecrest P2 B202200199 SFA O 0 1 08/31/2022 1 0 0 N Not Available 2010 EMERALD GROTTO BLDG 6 Enclave B202200506 SFA O 0 1 08/04/2022 1 0 0 N Not Available 2013 EMERALD GROTTO BLDG
11 Enclave B202200507 SFA O 0 1 08/04/2022 1 0 0 N
Not Available 2005 CRESCENT MOON BLDG 4 Enclave B202200407 SFA O 0 1 07/19/2022 1 0 0 N Not Available 176 TARRAGON WAY HOUSE
BLDG.Ridgecrest P2 B202200200 SFA O 0 1 08/31/2022 1 0 0 N 0 0 0 0 N
Not Available 2001 CRESCENT MOON BLDG 5 Enclave B202200283 SFA O 0 1 06/09/2022 1 0 0 N Not Available 1361 ANISE WAY Ridgecrest P2 B202200189 SFA O 0 1 08/31/2022 1 0 0 N Not Available 278 N 11TH AVE BLDG. 2
MASTER PLA B202200085 SFA O 0 1 04/20/2022 1 0 0 N
Not Available 154 TARRAGON WAY HOUSE
BLDG 2 PHASE 2 Ridgecrest P2 B202200607 SFA O 0 1 11/30/2022 1 0 0 N Not Available 2025 WILLOW WISP BLDG A Enclave B202100272 SFA O 0 1 03/23/2022 1 0 0 N Not Available 1373 CHERVIL WAY HOUSE
BLDG Ridgecrest P2 B202200201 SFA O 0 1 08/31/2022 1 0 0 N Not Available 1389 CHERVIL WAY HOUSE
BLDG Ridgecrest P2 B202200202 SFA O 0 1 08/31/2022 1 0 0 N Not Available 1372 CHERVIL WAY HOUSE
BLDG Ridgecrest P2 B202200207 SFA O 0 1 08/31/2022 1 0 0 N Not Available 2008 EMERALD GROTTO BLDG 7
HOUSE PERMIT Enclave B202200674 SFA O 0 1 11/03/2022 1 0 0 N Not Available 2003 CRESCENT MOON BLDG 3 Enclave B202200406 SFA O 0 1 06/23/2022 1 0 0 N Not Available 2011 EMERALD GROTTO BLDG
10 HOUSE PERMIT Enclave B202200675 SFA O 0 1 11/03/2022 1 0 0 N Not Available 166 TARRAGON WAY HOUSE
ADDRESS Ridgecrest P2 B202200197 SFA O 0 1 08/31/2022 1 0 0 N Not Available 274 N 11TH AVE BLDG 1 B202200084 SFA O 0 1 04/20/2022 1 0 0 N Not Available 2002 CRESCENT MOON BLDG. 2 Enclave B202200405 SFA O 0 1 06/23/2022 1 0 0 N 0 0 0 0 N
Not Available 2004 CRESCENT MOON BLDG. 1 Enclave B202200281 SFA O 0 1 06/09/2022 1 0 0 N Not Available 2236 DANUBE WAY #B B202100253 ADU R 0 0 1 02/01/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
ADUs are
an affordable type of
home to construct in
Not Available 1066 E 8TH ST B202200137 ADU R 0 0 1 04/19/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1572 COOLCREST AVE B202100098 ADU R 0 0 1 07/27/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 920 E 7TH ST #B B202100312 ADU R 0 0 1 07/28/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 77 HARFORD PL #B B202100450 ADU R 0 0 1 10/11/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1422 N SAN ANTONIO AVE #B B202100634 ADU R 0 0 1 07/26/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 321 W 8TH ST #B B202100222 ADU R 0 0 1 05/04/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 2329 N 2ND AVE B202200110 ADU R 0 0 1 03/08/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 562 W 18TH ST #B B202100287 ADU R 0 0 1 01/19/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 878 N 2ND AVE #B B202100471 ADU R 0 0 1 04/25/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 109 WISEMAN WAY B202100530 ADU R 0 0 1 06/23/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 2349 W ORANGE DR N B202100097 ADU R 0 0 1 02/22/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 437 S CAMPUS AVE #B B202002450 ADU R 0 0 1 07/13/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1373 EDGEFIELD ST B202200101 ADU R 0 0 1 05/05/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
Not Available 623 E 8TH ST B202200222 ADU R 0 0 1 06/20/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1677 N EUCLID AVE B202002151 ADU R 0 0 1 02/28/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 920 EMERSON ST #B B202100412 ADU R 0 0 1 01/12/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 630 N CAMPUS AVE #B B202100382 ADU R 0 0 1 11/08/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 628 N SHASTA WAY #B B202100411 ADU R 0 0 1 12/08/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1794 N LAUREL AVE B202200064 ADU R 0 0 1 03/08/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 704 N SHASTA WAY B202002410 ADU R 0 0 1 01/25/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 555 N 6TH AVE B202200045 ADU R 0 0 1 08/16/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 978 E 9TH ST #B B202100499 ADU R 0 0 1 06/16/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 911 E 7TH ST #B B201902022 ADU R 0 0 1 03/21/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 728 MAGNOLIA AVE B202100101 ADU R 0 0 1 01/25/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 109 WISEMAN WAY UNIT E B202100686 ADU R 0 0 1 06/23/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 109 WISEMAN WAY UNIT F B202100685 ADU R 0 0 1 06/23/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 992 E 7TH ST B B202200336 ADU R 0 1 10/11/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 597 B N 1ST AVE B202100681 ADU R 0 1 09/21/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1551 Omalley Ave B202200537 ADU R 0 1 10/03/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1373 W Arrow Hwy #B B202200282 ADU R 0 1 10/26/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 623 E 8Th St D B202200316 ADU R 0 1 08/24/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 623 E 8Th St G B202200315 ADU R 0 1 08/24/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1794 N LAUREL AVE B202100263 ADU R 0 1 02/28/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1523 N MULBERRY AVE B202200082 ADU R 0 1 04/28/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1216 GRANADA ST B202200185 ADU R 0 1 08/08/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1016 Bennington St B202200486 ADU R 0 1 12/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 220 W 15TH ST B202200072 ADU R 0 1 05/12/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1451 E 9TH ST #B B202100576 ADU R 0 1 01/03/2022 1 1 07/07/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 517 N 6TH AVE #B B202100529 ADU R 0 1 05/09/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 2376 N EUCLID AVE B202100678 ADU R 0 1 05/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1373 EDGEFIELD ST #B B202100669 ADU R 0 1 08/18/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 273 DEBORAH CT B202200310 ADU R 0 1 09/08/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1476 N Albright Ave B202200220 ADU R 0 1 07/11/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 400 Drake Ave B202200192 ADU R 0 1 11/02/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 549 E 9Th St B202200552 ADU R 0 1 12/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1735 N Kelly Ave B202200520 ADU R 0 1 11/10/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1310 N ERIN AVE #C B202100624 ADU R 0 1 01/03/2022 1 1 10/18/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1059 W 7TH ST #B B202200148 ADU R 0 1 05/31/2022 1 1 10/26/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 386 W 16TH ST #B B202200066 ADU R 0 1 08/11/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1511 N 3Rd Ave #B B202200325 ADU R 0 1 07/25/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1310 N ERIN AVE #B B202100625 ADU R 0 1 01/18/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 171 FERN AVE B202100618 ADU R 0 1 05/11/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1016 Bennington St A B202200485 ADU R 0 1 12/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1966 MITZI CT B202200152 ADU R 0 1 07/11/2022 1 1 11/17/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1335 W CLARK ST B202200352 ADU R 0 1 07/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 236 N Palm Ave B202200396 ADU R 0 1 12/20/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 615 N TULARE WAY #B B202200271 ADU R 0 1 06/14/2022 1 1 11/01/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 914 N 4Th Ave #B B202200146 ADU R 0 1 09/07/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1324 N 3Rd AVE #B B202200157 ADU R 0 1 06/20/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1407 Francis Ave B202200468 ADU R 0 1 07/19/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1530 Crestar Ct B202200531 ADU R 0 1 12/06/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 824 W 20Th St B202200600 ADU R 0 1 12/12/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1375 ALTA AVE B202200099 ADU R 0 1 04/05/2022 1 1 11/07/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 404 E 9TH ST #B B202200025 ADU R 0 1 03/07/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 535 E ARROW HWY #B B202100598 ADU R 0 1 02/28/2022 1 1 08/22/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 781 SYCAMORE CT #B B202200060 ADU R 0 1 04/28/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 549 E 9Th St B202200551 ADU R 0 1 12/05/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 236 W DAYTON ST B202100037 ADU R 0 1 04/20/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 689 N Redding Way #B B202200568 ADU R 0 1 11/23/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 291 N 6Th AVE B202200224 ADU R 0 1 09/15/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 744 N VALLEJO WAY #B B202100314 ADU R 0 1 04/12/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 633 W ARROW HWY UNIT B B202200031 ADU R 0 1 03/17/2022 1 1 07/13/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 351 W 7Th St B202200210 ADU R 0 1 12/15/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 2055 N SAN ANTONIO AVE #B B202100721 ADU R 0 1 03/01/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1294 W Aster St B202200350 ADU R 0 1 12/12/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 148 W 7Th St #B B202200593 ADU R 0 1 11/07/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1428 N ALBRIGHT AVE B202100277 ADU R 0 1 02/24/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 314 Vine Ave B202200412 ADU R 0 1 10/19/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1069 SYCAMORE CT B202100605 ADU R 0 1 02/22/2022 1 1 09/26/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 562 W 18TH ST #C B202100592 ADU R 0 1 08/02/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 331 S VALLEJO WAY UNIT B B202200068 ADU R 0 1 04/21/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1794 N LAUREL AVE B202100264 ADU R 0 1 02/28/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 331 S VALLEJO WAY UNIT C B202200163 ADU R 0 1 09/01/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 2030 N Ukiah Way #B B202200449 ADU R 0 1 08/24/2022 1 0 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 1213 N VALLEJO WAY #B B202100225 ADU R 0 0 1 02/03/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
Not Available 878 E 7TH ST B202002471 ADU R 0 1 07/05/2022 1 1 12/05/2022 1 0 N The City of Upland requests
anticipated rent amounts from
property owners’ constructing
1046-501-82 165 TARRAGON WAY Ridgecrest P1 B20200028 SFA O 0 0 0 0 N 1046-501-82 163 TARRAGON WAY Ridgecrest P1 B20200029 SFA O 0 0 0 0 N 1046-501-82 161 TARRAGON WAY Ridgecrest P1 B20200030 SFA O 0 0 0 0 N 1046-501-82 159 TARRAGON WAY Ridgecrest P1 B20200031 SFA O 0 0 0 0 N 1046-501-82 157 TARRAGON WAY Ridgecrest P1 B20200032 SFA O 0 0 0 0 N 1046-501-82 155 TARRAGON WAY Ridgecrest P1 B20200033 SFA O 0 0 0 0 N 1046-501-82 164 TARRAGON WAY Ridgecrest P1 B20200074 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 162 TARRAGON WAY Ridgecrest P1 B20200075 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 160 TARRAGON WAY Ridgecrest P1 B20200076 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 158 TARRAGON WAY Ridgecrest P1 B20200077 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 156 TARRAGON WAY Ridgecrest P1 B20200078 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 154 TARRAGON WAY Ridgecrest P1 B20200079 SFA O 0 0 1 02/03/2022 1 0 N 1046-501-82 137 ROSEMARY WAY Ridgecrest P1 B20200048 SFA O 0 0 1 07/07/2022 1 0 N 1046-501-82 135 ROSEMARY WAY Ridgecrest P1 B20200021 SFA O 0 0 1 07/07/2022 1 0 N 1046-501-82 1347 CORIANDER CT Ridgecrest P1 B202000050 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1351 CORIANDER CT Ridgecrest P1 B202000051 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1355 CORIANDER CT Ridgecrest P1 B202000052 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1359 CORIANDER CT Ridgecrest P1 B202000053 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1336 CORIANDER CT Ridgecrest P1 B202000054 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1338 CORIANDER CT Ridgecrest P1 B202000055 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1340 CORIANDER CT Ridgecrest P1 B202000056 SFA O 0 0 1 04/19/2022 1 0 N 1046-501-82 1342 CORIANDER CT Ridgecrest P1 B202000057 SFA O 0 0 1 10/11/2022 1 0 N 1046-501-82 1346 CORIANDER CT Ridgecrest P1 B202000058 SFA O 0 0 1 10/11/2022 1 0 N 1046-501-82 1350 CORIANDER CT Ridgecrest P1 B202000059 SFA O 0 0 1 10/11/2022 1 0 N 1046-501-82 1354 CORIANDER CT Ridgecrest P1 B202000060 SFA O 0 0 1 10/11/2022 1 0 N 1046-501-82 1356 CORIANDER CT Ridgecrest P1 B202000061 SFA O 0 0 1 10/11/2022 1 0 N 1046-501-82 1360 CORIANDER CT Ridgecrest P1 B202000062 SFA O 0 0 1 10/11/2022 1 0 N 0 0 0
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 14 20 59 - - - - - - - Above Moderate 2,130 9 6 145 - - - - - - - 160 1,970 5,686
23 26 204 - - - - - - - 253 5,433 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
792 - 3 - - - - - - - 3 789 959
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
920
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
93 Moderate
1,584
959
1,013
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,584
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
65 65
1007-041-05 1400 E Arrow Highway
Rose Glen Speicifc
Plan SP-21-0002 10/10/2022
64 Shortfall of Sites 4.9 Specific Plan Specific Plan 13.2 du/ac 13.2 du/ac 64 Non-Vacant Existing Truss manfuacturing facility.
1047-072-05 370 S. 1st Avnue Carter Project GPA-21-01 & ZC- 21-01
11/14/2022 1 Shortfall of Sites 0 SFR-M RS-7.5 4 du/ac 10 du/ac 1 Vacant Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Upland
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Code Enforcement
Ensure compliance with municipal codes
and maintain value and safety of property
and structures.
Ongoing
Citywide Code Enforcement Program has addressed/resolved 1,675 cases. The total of citywide graffiti calls in 2022 was 3,410, and graffiti removal square-footage was 82,813 sq. ft.
Home Improvement
Provide Home Improvement loans to
qualified low and moderate income
homeowners earning less than the 80%
Area median Income.
Ongoing
In June 2022, the HOME Program Single Family Homeownership Value limits for Acquisition and/or Rehabilitation of Existing Housing was published and stated that the San Bernardino County after rehabilitation value limits is $390,000. In 2022 the city was not able to assist qualified homeowners because the HOME value limits did not meet the current citywide home market rate. To meet the needs of the current homeowners seeking rehabilitation assistance, the city proposed an amendment to include Mobile/Manufactured homes to apply for Home Improvement Loans up to $25,000. This loan can be used in combination with the Emergency Home Repair loan. Staff has not processed any loans to Mobile homes yet as the amendment was proposed and approved in January 2023.
Emergency Repair Program Provide grants to qualified homeowners to address emergency repairs. Ongoing
Due to the high material and construction cost an amendment to increase the grant amount from $10,000 to $15,000 was proposed and signed in June 2022 this applied to projects completed after July 1, 2022. A total of 11 households were assisted in 2022. Of this total number 2 were granted for extremely low income, 3 for low income and 6 very-low income totaling $141,467.60
An additional $5,000 accessibility grant was proposed and approved January 2023 to be used for any ADA adaptability repairs and improvements for seniors over the age of 62 and permanently disabled individuals.
Rental Acquisition and
Rehabilitation
Continue to provide grants to address
properties with substantial rehabilitation or
maintenance needs.
Ongoing No units were assisted in 2022.
Historic Preservation
Continue to support the preservation of
historic properties through a variety of
planning, zoning, rehabilitation, and other
incentives.
Discontinued
The City administers two housing rehabilitation programs that provide grants and no or low intertest loans for rehabilitation work to single-family owner-occupied homes (including historically significant homes) owned by persons with incomes are at or below 80 percent of the Area Median Income for San Bernardino County. In addition, The City supports the efforts of Upland Heritage, a non-profit organization dedicated to encouraging the appreciation and maintenance of Upland's historical structures offers grants of up to $1,000 to aid and support owners of historic homes that are 53 years old and older.
Specific Plans
Continue to implement remaining specific
plans to facilitate the development of high
quality infill residential development in
Upland.
Ongoing
In 2022, the City continued to implement the remaining specific plans to facilitate the development of high-quality infill residential development in Upland. One new Specific Plan was approved by the City Council on October 10, 2022, for the "Rose Glen Specific Plan", which provides the framework and regulations for a 64 two-story single family planned residential development, which will continue to implement this program.
Historic Downtown Specific
Plan
Continue to implement the Historic
Downtown Specific Plan to facilitate the
development of high quality infill residential
development in Upland.
Ongoing In 2022, the City continued to implement the Historic Downtown Upland Specific Plan to facilitate the development of high-quality infill residential development in Upland.
Secondary Units
The City will continue to support the
production of second units and guest
quarters that meet the requirements in the
municipal code.
Ongoing Between January 1 through December 31, 2022, 30 ADUs were completed, including 21 detached ADUs and 9 attached ADUs.
Green Valley Initiative
Participate in the Green Valley Initiative's
regional meetings and outreach efforts to
promote a healthy economic and
environmental future. Continue
implementation of the City's other green
initiatives, including waste management,
water conservation and use, and CalGreen
programs.
Ongoing
The Green Valley Initiative is a collaborative effort to bring jobs, commerce, and a better quality of life to the people of the Inland Empire communities. As a member of this unique bi-county collaborative, Upland work to develop model policies and programs, for sustainable economic development, education, and growth. In addition, the City illustrates its commitment to promoting environmental awareness and sustainability by encouraging the adaptive reuse of historic structures, implementing gray water and recycled water use and through integrated waste management programs. Finally, the City implements Green Building Code, ensuring the latest practices in sustainable development and building design in housing. The general plan contains additional programs on sustainable development.
For CY 2022 the City continued to participate in the Green Valley Initiatives’ regional meetings and outreach efforts to promote a healthy economic and environmental future.
The City also continued to implement its other green initiatives, including waste management, water conservation and use and CalGreen programs.
Water Priority System
Encourage water and sewer providers to
have a water and sewer priority system in
place in compliance with state housing law.
Ongoing In 2022, the City actively participated in the establishment of a water and sewer priority system.
Neighborhood Improvements
Continue monitoring, planning, and
programming for public improvements that
serve the community.
Ongoing
In CY 2022 the City dedicated $166,000 in CDBG funds to support the improvement of the Landecena Building Interior Improvement Project and $146,450 to support the Downtown Improvement Public Parking Program. These activities are ongoing and are anticipated to be completed by Spring 2024,
Homeownership Assistance
Continue to provided up to 2 FTHB loans
annually to qualified low income
homeowners and advertise program
availability. Annually evaluate the City's
funding capacity and as needed pursue
additional HOME / CAL HOME funds.
Ongoing
No FTHB loans were issued in 2022. For FY 2023 we anticipate the HCD’s approval of our HOME value waiver which will allow the City to resume its FTHB Program.
Also, the City approved an ENA with City Ventures to construct 29 for sale residential units - 5 units to be restricted/reserved for low-income homebuyers.
Rental Housing Assistance
Continue to participate in the federal
housing choice voucher program and family
self-sufficiency program allocating.
Ongoing
The City supports the efforts of the Housing Authority of the County of San Bernardino (HACSB) who continues to manage, maintain, and provide public housing through the distribution of Section 8 vouchers and the Los Olivos program.
HACSB administers a total of 9,836 Housing Choice Vouchers for the jurisdiction of San Bernardino County. Of those vouchers, 593 households reside in Upland, including 98 units of the Los Olivos affordable housing community.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Incentives
Continue to permit and encourage density
bonuses, lot consolidations, and other
means to build market rate and affordable
housing. Amend the Zoning Code to allow
half covered/ uncovered spaces for studio
Ongoing
The City continues to permit and encourage density bonuses, lot consolidations, and other means to build market rate and affordable housing. The availability of incentives is advertised at the planning public counter and through the development review.
Mobile Home Rent
Stabilization
Continue to enforce the Mobile Home Rent
Ordinance; complete review and revisions
to the Rent Ordinance after the courts
complete proceedings on the legality of rent
stabilization
Ongoing
To protect the owners and occupants of mobile homes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property, the City continues to enforce the Mobile Home Rent Ordinance.
Housing at Risk of
Conversion
Monitor publicly assisted multiple units at
risk of conversion; support efforts to
preserve the units through grants, tax
credits, bonds, and transfer of ownership to
entities willing to keep the units affordable.
Inform tenants and property owners of their
rights and responsibilities to provide
adequate notice and other procedures if an
affordable project is proposed for
conversion to market rate housing.
Ongoing No change. The City continues to monitor affordable housing projects to determine properties at risk for conversion.
Low Income Housing
Assistance
Offer expedited permit processing, contact
developers annually about potential sites,
and support applications of developers to
build affordable housing that targets
extremely low income households in
Upland. Assist in the development of
housing for lower-income households by
outreaching to affordable housing
developers, exploring available funding
options, and supporting grant applications
for housing.
Ongoing In 2022, eleven (11) households were assisted through the Emergency Repair Program.
Homeless Services
Define shelters, transitional housing, and
permanent supportive housing consistent
with state law, permit shelters with a
ministerial permit in the Industrial zone; and
establish objective standards as allowed by
state law. In all zones allowing residential
uses, permit transitional and supportive
housing as a residential use and only
subject to those restrictions that apply to
other residential uses of the same type in
the same zone.
Ongoing
The City continues to provide funding support to agencies that serve the homeless and at- risk homeless through the CDBG Program process and the City's Housing Fund. During 2022, these programs assisted 108 individuals through various homeless services. In December 2019, the City hired a Homeless Coordinator to conduct and assist with homeless prevention activities. During CY2020, the City applied for and received a new affordable housing grant from the State that will provide funding to the Homeless Prevention Program for the next 3 years. Also, during CY2020, the City applied and received CARES CV1 and CV3 to provide additional funds to assist homeless prevention activity. These funds were almost completely exhausted during CY 2021.
Administrative Capacity
Utilize the Service Council to coordinate the
City, faith-based organizations, other non-
profits, Upland Housing Authority, County,
and other stakeholders and create a
network of community and mainstream
resources. The Service Council will develop
and implement a Homeless Services Plan
that addresses:
- Community Outreach, Engagement, and
Education
Initiatives
-Treatment and Permanent Supportive
Housing Initiatives
-Housing First/Rapid Re-housing
initiatives
-Chronic Homelessness
-Enforcement
Ongoing
The City is a direct recipient of federal funding from the U.S. Department of Housing and Urban Development. HUD funding is used to address homelessness, community development and economic development needs within the City, especially for those persons with low or moderate incomes. For 2022, CDBG funds were used to provide for infrastructure improvements, façade rehabilitation, homeless prevention, neighborhood preservation, fair housing services, economic opportunities, and public services. In addition, the City used State Housing and Community Development Department (HCD) Permanent Local Housing Allocation (PLHA) funding to support the City’s Homeless Assistance Program and support the Homeless Coordinator position. The City also partners with the Upland Community Resource Center to help Upland residents prevent, stabilize, and recover from disruptive family, employment, and housing events.
Housing for People with
Disabilities
Amend the Zoning Code to define and allow
residential care facilities serving six or fewer
residents as a by-right use in all residential
zones; remove or amend the definition of a
family in the Zoning Code. Permit larger
facilities with a CUP in two additional mixed-
use zones.
Support agencies in seeking funding, as
available, for the provision of housing and
services for people with disabilities,
including developmental disabilities. Reach
out to potential developers or service
agencies as part of the annual Action Plan
solicitation for
CDBG.
Create reasonable accommodation
process and procedure as part of the
Zoning Code Update to a low flexibility in
land use, building, and development
standards to accommodate people with
disabilities.
2015
The September 28, 2015 update to the Development Code provided Housing Element modifications that allowed for:
1. The construction of residential care facilities in all residential zones;
2. Supportive and Transitional Housing, Second Dwelling Units, Emergency Housing and Single Room Occupancy (SRO) in Mixed Use Zones; and
3. The development of Efficiency Units.
Additionally, the City continues to use a combination of CDBG and Upland Housing Funds to support affordable housing development and public services for low- and moderate-income residents, including those with special needs and those at risk of homelessness.
During 2022, the City partnered with Inland Fair Housing Mediation Board (IFHMB) to provide educational opportunities for property owners, property managers, and residents in Upland to provide information concerning the law as it pertains to reasonable accommodations and reasonable modifications.
Fair Housing
Promote fair housing practices through
contract with IFHMB. Comply with all state
and federal fair housing requirements when
implementing housing programs or
delivering housing-related services.
Continue to prepare the Analysis of
Impediments to Fair Housing Choice as
required under federal law; implement the
recommendations to improve fair housing
as contained therein. Disseminate fair
housing outreach materials at the library,
website, and counter so that residents and
landlords are aware of their rights,
responsibilities, and opportunities for
resolving fair housing concerns.
Ongoing
The City continues to promote fair housing practices and provide educational information to the public. The City utilizes its HUD CDBG funding to support Fair Housing (e.g., educational, outreach, enforcement, and administrative services) and Landlord-Tenant Counseling Services.
Low Income Housing
Assistance
Offer expedited permit processing, contact
developers annually about potential sites,
and support applications of developers to
build affordable housing that targets
extremely low income households in
Upland. Assist in the development of
housing for lower-income households by
outreaching to affordable housing
developers, exploring available funding
options, and supporting grant applications
for housing.
Ongoing In 2022, eleven (11) households were assisted through the Emergency Repair Program.
Homeless Services
Define shelters, transitional housing, and
permanent supportive housing consistent
with state law, permit shelters with a
ministerial permit in the Industrial zone; and
establish objective standards as allowed by
state law. In all zones allowing residential
uses, permit transitional and supportive
housing as a residential use and only
subject to those restrictions that apply to
other residential uses of the same type in
the same zone.
Ongoing
The City continues to provide funding support to agencies that serve the homeless and at- risk homeless through the CDBG Program process and the City's Housing Fund. During 2022, these programs assisted 108 individuals through various homeless services. In December 2019, the City hired a Homeless Coordinator to conduct and assist with homeless prevention activities. During CY2020, the City applied for and received a new affordable housing grant from the State that will provide funding to the Homeless Prevention Program for the next 3 years. Also, during CY2020, the City applied and received CARES CV1 and CV3 to provide additional funds to assist homeless prevention activity. These funds were almost completely exhausted during CY 2021.
Administrative Capacity
Utilize the Service Council to coordinate the
City, faith-based organizations, other non-
profits, Upland Housing Authority, County,
and other stakeholders and create a
network of community and mainstream
resources. The Service Council will develop
and implement a Homeless Services Plan
that addresses:
-
Community Outreach, Engagement, and
Education
Initiatives
-Treatment and Permanent Supportive
Housing
Initiatives
-Housing First/Rapid Re-housing
initiatives
-Chronic
Homelessness
-Enforcement
Ongoing
The City is a direct recipient of federal funding from the U.S. Department of Housing and Urban Development. HUD funding is used to address homelessness, community development and economic development needs within the City, especially for those persons with low or moderate incomes. For 2022, CDBG funds were used to provide for infrastructure improvements, façade rehabilitation, homeless prevention, neighborhood preservation, fair housing services, economic opportunities, and public services. In addition, the City used State Housing and Community Development Department (HCD) Permanent Local Housing Allocation (PLHA) funding to support the City’s Homeless Assistance Program and support the Homeless Coordinator position. The City also partners with the Upland Community Resource Center to help Upland residents prevent, stabilize, and recover from disruptive family, employment, and housing events.
Housing for People with
Disabilities
Amend the Zoning Code to define and allow
residential care facilities serving six or fewer
residents as a by-right use in all residential
zones; remove or amend the definition of a
family in the Zoning Code. Permit larger
facilities with a CUP in two additional mixed-
use zones.
Support agencies in seeking funding, as
available, for the provision of housing and
services for people with disabilities,
including developmental disabilities. Reach
out to potential developers or service
agencies as part of the annual Action Plan
solicitation for
CDBG.
Create reasonable accommodation process
and procedure as part of the Zoning Code
Update to a low flexibility in land use,
building, and development standards to
accommodate people with disabilities.
2015
The September 28, 2015 update to the Development Code provided Housing Element modifications that allowed for:
1. The construction of residential care facilities in all residential zones;
2. Supportive and Transitional Housing, Second Dwelling Units, Emergency Housing and Single Room Occupancy (SRO) in Mixed Use Zones; and
3. The development of Efficiency Units.
Additionally, the City continues to use a combination of CDBG and Upland Housing Funds to support affordable housing development and public services for low- and moderate-income residents, including those with special needs and those at risk of homelessness.
During 2022, the City partnered with Inland Fair Housing Mediation Board (IFHMB) to provide educational opportunities for property owners, property managers, and residents in Upland to provide information concerning the law as it pertains to reasonable accommodations and reasonable modifications.
Fair Housing
Promote fair housing practices through
contract with IFHMB. Comply with all state
and federal fair housing requirements when
implementing housing programs or
delivering housing-related services.
Continue to prepare the Analysis of
Impediments to Fair Housing Choice as
required under federal law; implement the
recommendations to improve fair housing
as contained therein. Disseminate fair
housing outreach materials at the library,
website, and counter so that residents and
landlords are aware of their rights,
responsibilities, and opportunities for
resolving fair housing concerns.
Ongoing
The City continues to promote fair housing practices and provide educational information to the public. The City utilizes its HUD CDBG funding to support Fair Housing (e.g., educational, outreach, enforcement, and administrative services) and Landlord-Tenant Counseling Services.
General Comments
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020Page 90 of 2516
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+Very Low-Income+Low-Income+TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity 3 7 10
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income 3 7 10
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020Page 91 of 2516
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
Jurisdiction Upland
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Upland Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres)Notes
1007-061-15 & 16 Foothill Boulevard, west of Benson Avenue Vacant Surplus Land 0.64 Zoned Commercial/Industrial Mixed Use (C/I-MU)
1047-221-25 Campus Avenue, south of 7th Street Vacant Surplus Land 0.075 Zoned Single Family Residential (RS-
7.5)
1006-574-11 1967 W. Foothill Boulevard Vacant Surplus Land 0.24 Zoned Highway Commercial (HC) 1007-271-45 & 47 1737 Arrow Route, between Benson Avenue and Central Avenue Vacant Surplus Land 3.8 Zoned General Industrial (GI) 1046-591-12 & 13 105 N. 1st Avenue, between "A" Street and 9th Street Commercial Surplus Land 0.26
Vacant 2,241 sq. ft. building on parcel
13. Zoned 1st Street Overlay in Old
Town District of the Historic
Downtown Upland Specific Plan (SP)
1046-591-08, 09,
10, 11
1st Avenue between "A" Street and 9th Street.
165/151/139 N. 1st Avenue Vacant Surplus Land 0.74
Zoned 1st Street Overlay in Old Town
District of the Historic Downtown
Upland Specific Plan (SP)
1046-233-25 SWC of Washington Blvd. and 6th Street Vacant Surplus Land 0.49 Zoned Multi-Family/Senior Housing
District of the Historic Downtown
Upland Specific Plan (SP)
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For San Bernardino County jurisdictions, please format the APN's as follows:9999-999-99-9999
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
2 3
APN Street Address Project Name+Local Jurisdiction
Tracking ID+Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020Page 95 of 2516
Jurisdiction Upland ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
2 3
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing)Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020Page 96 of 2516
Jurisdiction Upland
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 59
145
204
Units by Structure Type Entitled Permitted Completed
SFA 0 93 22
SFD 64 52 15
2 to 4 0 0 6
5+0 0 0
ADU 0 59 38
MH 0 0 0
Total 64 204 81
1 24
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Jurisdiction Upland
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Rezoning properties in the Housing
Sites Inventory and CEQA
Compliance
$300,000.00 $0.00 None
Have not initiated
project; waiting for the
City's Housing Element
certification
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
64 64
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 59
145
204
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 38
43 81
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$300,000.00
Task Status
Other (Please Specify in Notes)
DATE: March 27, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: MARCELO A. BLANCO, POLICE CHIEF
LON TEAGUE, POLICE LIEUTENANT
STEPHEN P. DEITSCH, CITY ATTORNEY
SUBJECT: CONSIDER OPTING INTO SETTLEMENT AGREEMENTS WITH DISTRIBUTORS OF OPIOIDS, WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND ALLERGAN FINANCE, LLC/ALLERGAN LIMITED
RECOMMENDED ACTION:
It is recommended that the City Manager adopt a Resolution authorizing the City Manager to enter into the settlement agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance LLC/Allergan Limited, agree to the terms of the State-Subdivision Agreements, and authorize entry into the State-Subdivision Agreements with the Attorney General.
GOAL STATEMENT
The proposed action supports the City’s goal of ensuring an excellent quality of life for all residents.
BACKGROUND
A. Allocation of Funds
Additional litigation brought by states and cities across the United States against the New Parties has resulted in a proposed settlement totaling approximately $20.2 billion dollars. The proposed settlement is broken into five separate deals: (1) the Walgreens Settlement (Exhibit A); (2) the Walmart Settlement (Exhibit B); (3) the CVS Settlement (Exhibit C); (4) the Teva Settlement (Exhibit D); and the Allergan Settlement (Exhibit E). The estimated total nationwide payout and payment schedule are outlined below:
Defendant Estimated Max Payout
(100% Participation)
Years
Walgreens $5,522,528,766 15 years
Walmart $3,011,242,061 Primarily paid within 3 years, but if participation levels are not met until
later, payment can extend over 6
years
CVS $5,002,083,578 10 years
Teva $4,246,567,371.76 6 years
Allergan $2,372,972,184.12 7 years
Of the amounts above, California is to receive approximately $1.8 billion and is to distribute these funds pursuant to intrastate allocation agreements for the new settlements.
As outlined in the Intrastate Allocation Agreements, Settlement Fund payments due to the State of California are allocated as follows: 15% to the State Fund; 70% to the California Abatement Accounts Fund; and 15% to the California Subdivision Fund. This results in the State receiving 15% of the payments allocated to California and local subdivisions receiving the remaining 85%. The percentages paid out to the California Subdivision Fund is reserved or entities that participated in the litigation of the claims giving rise to the settlement agreements. The percentages paid out to local subdivisions that did not litigate but, choose to opt into the settlements comes from the share of the settlement proceeds that are placed in the California Abatement Accounts Fund. Essentially, this means that the City of Upland, if it chooses to opt into the settlement, is entitled receive a percentage share from the California Abatement Accounts Fund.
The City of Upland has been allocated 0.052% of the 70% of the approximate $1,800,000,000 (i.e., best case scenario), which is equal to $648.995.65. This total amount will be disbursed over a period of 15 years, with payments decreasing as each settlement finishes paying out. The first payments are scheduled to occur in the latter half of 2023. After the receipt of these initial payments, further payments will be received annually thereafter. As stated above, the definite amount is not yet known because of the bonus structure built into the agreements.
The default distribution of funds in the settlement agreements provides that the funds will go directly to the county in which a city is located. A city can elect to have its funds delivered directly to the city by providing notice in the settlement agreements. Additionally, a city within a county may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the settlement fund administrators at least sixty days prior to a payment date.
In deciding whether to allow a city’s funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle it on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the city wants to engage in the reporting requirements over the course of the next nineteen years (eighteen years of distribution and an additional year following final distribution).
B. Use of Received Funds
Similar to the Distributor and J&J Settlements, funds received from these additional settlements must be used for future opioid remediation or abatement. For instance, participating subdivisions may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect p eople to care; address needs of criminal justice-involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids; prevent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research.
The Intrastate Allocation Agreements (Exhibit F) also provide spending limitations in addition to those provided in the settlement agreements. Under the Intrastate Allocation Agreements, no less than 50% of the funds received in each calendar year will be used for one or more of the following High Impact Abatement Activit ies:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
(3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non -sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.
In addition to these requirements, there is also a time limit on the spending of received funds. If funds are not expended or encumbered within five years of receipt and in accordance with the settlement agreements and the Intrastate Allocation Agreements, the funds are required to be transferred back to the State.
C. Management of Funds
Each county and city that receives payment of funds from the settlements must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. Each county and city will need to track all deposits and expenditures. These reports will also include a certification that all funds received have been used in compliance with the allocation agreements. The California Department of Healthcare and Services (“DHCS”) may review these reports in order to determine compliance with the settlement agreements and the Intrastate Allocation Agreement.
If the DHCS determines that a participating subdivision’s use of abatement funds is inconsistent with the settlement agreements or Intrastate Allocation Agreements, the parties are required to meet and confer. If the meet and confer process does not provide a resolution, the DHCS may conduct an audit, which can lead to a court action if the matter is still not resolved after an audit.
D. Opting In
The City must opt into the settlements by April 18, 2023, which requires the City to release its claims against the New Parties. If the City takes no action, it will have opted out of the settlements and its designated funds will flow to the State. The City would still have the opportunity to bring its own action against the New Parties.
ISSUES AND ANALYSIS
Unless the City intends to pursue its own litigation against these parties, it is recommended that the City opt into the settlement and elect to receive payments directly.
ENVIRONMENTAL DETERMINATION
Not a project.
FISCAL IMPACTS
Opting into the settlements would have a net positive fiscal impact to the City by allowing the City to receive approximately $648,995.65 over the next 15 years to fund opioid abatement.
ALTERNATIVES
Given the amount of funds and the reporting requirements, the City may also accept the default distribution and allow its funds to deposit with the County.
CEQA: Not a Project.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH
WALGREENS CO., WALMART, INC., CVS HEALTH
CORPORATION/CVS PHARMACY INC., TEVA
PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN
FINANCE LLC/ALLERGAN LIMITED, AGREE TO THE TERMS
OF THE STATE-SUBDIVISION AGREEMENTS, AND
AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION
AGREEMENTS WITH THE ATTORNEY GENERAL
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and,
WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and,
WHEREAS on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”); and,
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”); and,
Resolution No.
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and,
WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants”; and
WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants; and,
WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants; and,
WHEREAS, copies of the Master Settlement Agreements have been provided to the City Council with this Resolution; and,
WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”); and,
WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and,
WHEREAS, copies of the Allocation Agreements for all of the settlements with the Settling Defendants have been provided with this Resolution; and,
WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and,
WHEREAS, under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and,
WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
Resolution No.
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision.
The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and,
WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager is authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements and Allocation Agreements, including taking the following measures:
1. The execution of the Participation Agreements with the Settling Defendants and any and all documents ancillary thereto.
2. The execution of the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds with the Settling Defendants by executing the signature pages to those Allocation Agreements.
3. Notify the Settlement Fund Administrator that the City requests a direct payment under the Allocation Agreements at least 60 days prior to the Payment Date in the Settlement Agreements.
SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the
Resolution No.
general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 27th 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 27th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
1 WALGREENS SETTLEMENT
AGREEMENT
2 WALGREENS SETTLEMENT AGREEMENT
This Settlement Agreement, dated as of December 9, 2022 (the "Agreement"), sets forth the terms of settlement between and among the Settling States, the Participating Subdivisions, and Walgreens (as those terms are defined below). Upon satisfaction of the conditions set forth in Sections II and VIII, this Agreement will be binding on the Settling States, Walgreens and the Participating Subdivisions. This Agreement will then be filed as part of a Consent Judgment in the respective courts of each of the Settling States, pursuant to the terms set forth in Section VIII.
I.Definitions
Unless otherwise specified, the following definitions apply:
A.“Additional Remediation Amount.” The amount available to the Settling States totaling up to $31,921,103, to be paid in accord with the payment schedule at Exhibit M-3.
B.“Adjusted State Remediation Payment.” The State Remediation Payment reduced by the Overall State Allocation for each Non-Settling State on Exhibit F-2. For the avoidance of doubt, this amount shall be the same as the Base State Remediation Payment reduced by the State Global Allocation Percentage for each Non-Settling State and Florida on Exhibit F-1.
C."Agreement." This agreement, as set forth above. For the avoidance of doubt, this Agreement is inclusive of all exhibits.
D."Alleged Harms." The alleged past, present, and future financial, societal, and public nuisance harms and related expenditures arising out of the alleged misuse and abuse of Products, non-exclusive examples of which are described in the documents listed on Exhibit A, that have allegedly arisen as a result of the physical and bodily injuries sustained by individuals suffering from opioid-related addiction, abuse, death, and other related diseases and disorders, and that have allegedly been caused by Released Entities.
E."Allocation Statute." A state law that governs allocation, distribution, and/or use of some or all of the Settlement Fund amounts allocated to that State and/or its Subdivisions. An Allocation Statute may, without limitation, contain a Statutory Trust, further restrict expenditures of funds, form an advisory committee, establish oversight and reporting requirements, or address other default provisions and other matters related to the funds. An Allocation Statute is not required to address all three (3) types of funds comprising the Settlement Fund or all default provisions.
F."Annual Remediation Payment." The amount payable to the Settlement Fund by Walgreens for Settling States’ Base Payments and Incentive Payments on the Payment Date for each Payment Year, as calculated by the Settlement Fund Administrator.
G.“Annual Fees Payment.” The amounts payable by Walgreens in each Payment Year comprised of the State AG Fees and Costs payment and Additional Remediation Amount,
3 as reduced for non-Settling States, and the Private Attorneys Fees, including any reduction to the Contingency Fee Fund, and not including the Annual Remediation Payment.
H.“Annual Maximum.” As defined in Section IV.B.2.
I."Appropriate Official." As defined in Section XIII.G.3.
J."Bankruptcy Code." Title 11 of the United States Code, 11 U.S.C. § 101, et seq.
K."Bar." Either: (1) a law barring Subdivisions in a State from maintaining Released Claims against Released Entities (either through a direct bar or through a grant of authority to release claims and the exercise of such authority in full) or (2) a ruling by the highest court of the State (or, in a State with a single intermediate court of appeals, the intermediate court of appeals) when setting forth the general principle that Subdivisions in the State may not maintain any Released Claims against Released Entities, whether on the ground of this Agreement (or the release in it) or otherwise. For the avoidance of doubt, a law or ruling that is conditioned or predicated upon payment by a Released Entity (apart from the Annual Remediation Payments by Walgreens under this Agreement) shall not constitute a Bar.
L.“Base Payment.” As defined in Section Error! Reference source not found...
M.“Base State Remediation Payment” shall be $5,150,000,000.
N.“Case-Specific Resolution." Either: (1) a law barring the Subdivision at issue from maintaining any Released Claims against any Released Entities (either through a direct bar or through a grant of authority to release claims and the exercise of such authority in full); or (2) a ruling by a court of competent jurisdiction over the Subdivision at issue that the Subdivision may not maintain any Released Claims at issue against any Released Entities, whether on the ground of this Agreement (or the release in it) or otherwise. For the avoidance of doubt, a law or ruling that is conditioned or predicated upon payment by a Released Entity (apart from the annual payments by Walgreens under this Agreement) shall not constitute a Case-Specific Resolution.
O."Claim." Any past, present or future cause of action, claim for relief, cross-claim or counterclaim, theory of liability, demand, derivative claim, request, assessment, charge, covenant, damage, debt, lien, loss, penalty, judgment, right, obligation, dispute, suit, contract, controversy, agreement, parens patriae claim, promise, performance, warranty, omission, or grievance of any nature whatsoever, whether legal, equitable, statutory, regulatory or administrative, whether arising under federal, state or local common law, statute, regulation, guidance, ordinance or principles of equity, whether filed or unfiled, whether asserted or unasserted, whether known or unknown, whether accrued or unaccrued, whether foreseen, unforeseen or unforeseeable, whether discovered or undiscovered, whether suspected or unsuspected, whether fixed or contingent, and whether existing or hereafter arising, in all such cases, including, but not limited to, any request for declaratory, injunctive, or equitable relief, compensatory, punitive, or statutory damages, absolute liability, strict liability, restitution, remediation, subrogation, contribution, indemnity, apportionment, disgorgement, reimbursement,
4 attorney fees, expert fees, consultant fees, fines, penalties, expenses, costs or any other legal, equitable, civil, administrative, or regulatory remedy whatsoever.
P."Claim-Over." A Claim asserted by a Non-Released Entity against a Released Entity on the basis of contribution, indemnity, or other claim-over on any theory relating to a Non-Party Covered Conduct Claim asserted by a Releasor.
Q.“Compensatory Restitution Amount.” The aggregate amount paid or incurred by Walgreens hereunder for Opioid Remediation, which includes each Annual Remediation Payment and does not include amounts paid as attorneys’ fees and costs or identified pursuant to Section V.B.2 as being used to pay attorneys’ fees, investigation costs or litigation costs, which shall be up to the amount of the Adjusted State Remediation Payment.
R."Consent Judgment." A consent judgment in a form to be agreed by the Settling States and Walgreens prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section X.A, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.
S."Covered Conduct." Any actual or alleged act, failure to act, negligence, statement, error, omission, breach of any duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity of any kind whatsoever from the beginning of time through the Reference Date (and any past, present, or future consequence of any such act, failure to act, negligence, statement, error, omission, breach of duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity) relating in any way to (1) compounding, counseling and documentation relating to any Product or class of Products (2) the discovery, development, manufacture, packaging, repackaging, marketing, promotion, advertising, labeling, recall, withdrawal, distribution, delivery, monitoring, reporting, supply, sale, prescribing, dispensing, physical security, warehousing, use or abuse of, or operating procedures relating to, any Product, or any system, plan, policy or advocacy relating to any Product or class of Products, including, but not limited to, any unbranded promotion, marketing, programs, or campaigns relating to any Product or class of Products; (3) the characteristics, properties, risks, or benefits of any Product; (4) the reporting, disclosure, non-reporting or nondisclosure to federal, state or other regulators of orders placed with any Released Entity; or (5) diversion control programs or suspicious order monitoring;
T.“Deferred Payment Notice.” As defined in Section IV.K.4.
U.“Designated State.” The State of New York.
V.“Effective Date.” The date sixty (60) calendar days after the Reference Date.
W.“Eligible States.” The states, commonwealths, and territories of the United States of America, excluding Florida.
X.“Enforcement Committee.” A committee consisting of representatives of the Settling States and of the Participating Subdivisions. Exhibit B contains the organizational
5 bylaws of the Enforcement Committee. Notice pursuant to Section XIII.S shall be provided when there are changes in membership or contact information.
Y."Final Order." An order or judgment of a court of competent jurisdiction with respect to the applicable subject matter (1) which has not been reversed or superseded by a modified or amended order, is not currently stayed, and as to which any right to appeal or seek certiorari, review, reargument, stay, or rehearing has expired, and as to which no appeal or petition for certiorari, review, reargument, stay, or rehearing is pending, or (2) as to which an appeal has been taken or petition for certiorari, review, reargument, stay, or rehearing has been filed and (a) such appeal or petition for certiorari, review, reargument, stay, or rehearing has been resolved by the highest court to which the order or judgment was appealed or from which certiorari, review, reargument, stay, or rehearing was sought, or (b) the time to appeal further or seek certiorari, review, reargument, stay, or rehearing has expired and no such further appeal or petition for certiorari, review, reargument, stay, or rehearing is pending.
Z.“Global Settlement Amount.” The Global Settlement Amount is $5,522,528,766which is comprised of the Adjusted State Remediation Payment, Private Attorneys Fees, State AG Fees and Costs, and Additional Remediation Amount AA.“Implementation Administrator.” The vendor agreed to by Walgreens and the Enforcement Committee, and retained by Walgreens for costs of up to $1,500,000, to provide notice pursuant to Section VII.A and to manage the initial joinder period for Subdivisions, including the issuance and receipt of Subdivision Participation Agreements.
BB."Incentive Payment A." The incentive payment described in Section IV.H.4.
CC.“Incentive Payment A Catch-up Payment.” As defined in Section IV.H.4.f.
DD."Incentive Payment BC." The incentive payment described in Section IV.H.5.
EE."Incentive Payment D." The incentive payment described in Section IV.H.6.
FF."Initial Participating Subdivision." A Subdivision that meets the requirements set forth in Section VII.D.
GG."Initial Participation Date." The date ninety (90) calendar days after the Preliminary Agreement Date, unless it is extended by written agreement of Walgreens and the Enforcement Committee.
HH."Injunctive Relief Terms." The terms described in Section III and set forth in Exhibit P.
II."Later Litigating Subdivision." A Subdivision (or Subdivision official asserting the right of or for the Subdivision to recover for Alleged Harms to the Subdivision and/or the people thereof) that: (1) first files a lawsuit bringing a Released Claim against a Released Entity after the Trigger Date; or (2) adds a Released Claim against a Released Entity after the Trigger Date to a lawsuit brought before the Trigger Date that, prior to the Trigger Date, did not include any Released Claims against a Released Entity; or (3) (a) was a Litigating Subdivision whose
6 Released Claims against Released Entities were resolved by a legislative Bar or legislative Case- Specific Resolution as of the Trigger Date, (b) such legislative Bar or legislative Case-Specific Resolution is subject to a Revocation Event after the Trigger Date, and (c) the earlier of the date of completion of opening statements in a trial in an action brought by a Subdivision in that State that includes a Released Claim against a Released Entity or one hundred eighty (180) days from the Revocation Event passes without a Bar or Case-Specific Resolution being implemented as to that Litigating Subdivision or the Litigating Subdivision's Released Claims being dismissed; or (4) (a) was a Litigating Subdivision whose Released Claims against Released Entities were resolved by a judicial Bar or judicial Case-Specific Resolution as of the Trigger Date, (b) such judicial Bar or judicial Case-Specific Resolution is subject to a Revocation Event after the Trigger Date, and (c) such Litigating Subdivision takes any action in its lawsuit asserting a Released Claim against a Released Entity other than seeking a stay or dismissal.
JJ."Later Participating Subdivision." A Participating Subdivision that is not an Initial Participating Subdivision, but meets the requirements set forth in Section VILE.
KK."Litigating Subdivision." A Subdivision (or Subdivision official) that brought any Released Claim against any Released Entity prior to the Trigger Date; provided, however, that a Subdivision (or Subdivision official) that is a Prior Litigating Subdivision shall not be considered a Litigating Subdivision. Exhibit C is an agreed list of all Litigating Subdivisions. Exhibit C will be updated (including with any corrections) periodically, and a final version of Exhibit C will be attached hereto as of the Reference Date.
LL.“National Arbitration Panel.” The panel comprised as described in Section VI.F.2.b.
MM.“National Disputes.” As defined in Section VI.F.2.a.
NN."Non-Litigating Subdivision." Any Subdivision that is neither a Litigating Subdivision nor a Later Litigating Subdivision.
OO.“Non-Litigating Threshold Subdivisions.” Primary Subdivisions (a) with populations greater than 30,000 that have not sued Walgreens as of the Initial Subdivision Participation Date and (b) with populations between 10,000 and 30,000 that have not sued Walgreens but have sued McKesson, AmerisourceBergen, Cardinal or Janssen related to any allegations regarding the Products.
PP."Non-Participating Subdivision." Any Subdivision that is not a Participating Subdivision.
QQ."Non-Party Covered Conduct Claim." A Claim against any Non-Released Entity involving, arising out of, or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Released Entity).
RR."Non-Party Settlement." A settlement by any Releasor that settles any Non-Party Covered Conduct Claim and includes a release of any Non-Released Entity.
7 SS."Non-Released Entity." An entity that is not a Released Entity.
TT.“Non-Settling State.” Any Eligible State that is not a Settling State.
UU."Opioid Remediation." Care, treatment, and other programs and expenditures (including reimbursement for past such programs or expenditures1 except where this Agreement restricts the use of funds solely to future Opioid Remediation) designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic. Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation.
Qualifying expenditures may include reasonable related administrative expenses in connection with the above.
VV.“Opioid Tax.” Any tax, assessment, license fee, surcharge or any other fee (other than a fixed prospective excise tax or similar tax or fee that has no restriction on pass-through) imposed by a State on Walgreens on the sale, transfer or distribution of opioid products; provided, however, that none of the following as currently enacted shall be considered an Opioid Tax for purposes of this Agreement: 16 Del. Code Chapter 48B; fees assessed by the Minnesota Board of Pharmacy under Minnesota Statutes section 151.065; any penalty assessed under Minnesota’s Opiate Product Registration Fee law, Minnesota Statutes section 151.066; the MinnesotaCare Wholesale Drug Distributor and Use Tax, Minnesota Statutes section 292.52; the Excise Tax on sale of Opioids, Article 20-D of New York’s Tax Law; the Opioid Stewardship Act, Article 33, Title 2-A of New York’s Public Health Law; and Rhode Island’s Opioid Stewardship Act, R.I. Gen. Laws §§ 21-28.10, et seq.).
WW.“Overall Allocation Percentage.” A Settling State’s percentage as set forth in Exhibit F-2.
XX."Participating Subdivision." Any Subdivision that meets the requirements for becoming a Participating Subdivision under Section VII.B and Section VII.C. Participating Subdivisions include both Initial Participating Subdivisions and Later Participating Subdivisions.
YY.“Participation Percentage of Incentive BC Eligible Subdivision Population.” As defined in Section IV.H.5.e.
ZZ."Parties." Walgreens and the Settling States (each, a "Party").
AAA."Payment Date." The date on which Walgreens makes the Annual Remediation Payment pursuant to Section IV.B. For the avoidance of doubt, the date on which the Annual Fee Payments (including without limitation State AG Fees and Costs and Additional Remediation Amounts) are made is December 31 for each Payment Year in which Annual Fee Payments are due pursuant to Exhibit M-3, which may be a different date than the Payment Date.
BBB."Payment Year." The Walgreens’ fiscal year during which the applicable Annual Remediation Payment and/or Annual Fees Payment is due pursuant to Exhibit M-2 and Exhibit M-3. Walgreens’ fiscal year is September 1-August 31. Payment Year 1 is September 1, 2022- 1 Reimbursement includes amounts paid to any governmental entities for past expenditures or programs
8 August 31, 2023, Payment Year 2 is September 1, 2023-August 31, 2024 and so forth.
References to payment "for a Payment Year" mean the Annual Remediation Payment and/or Annual Fees Payment (including without limitation State AG Fees and Costs and Additional Remediation Amounts) due during that year. References to eligibility "for a Payment Year" mean eligibility in connection with the Annual Remediation Payment due during that year.
CCC.“Post-Suspension Payment.” As defined in Section IV.K.2.
DDD.“Primary Fire District.” A fire district that covers a population of 25,000, or
0.20% of an Eligible State’s population if an Eligible State’s population is greater than 18 million. If not easily calculable from state data sources and agreed to between the Eligible State and Walgreens, a fire district’s population is calculated by dividing the population of the county or counties a fire district serves by the number of fire districts in the county or counties. “Primary Fire Districts” shall mean fire districts as identified in connection with the implementation of the July 21, 2021 Janssen Settlement Agreement.
EEE.“Preliminary Agreement Date.” The date on which Walgreens is to inform the Settling States of their determination whether the condition in Section II.B has been satisfied.
The Preliminary Agreement Date shall be no more than ten (10) calendar days after the end of the notice period to States, unless it is extended by written agreement of the Walgreens and the Enforcement Committee.
FFF."Primary Subdivision." A Subdivision that is a General Purpose Government (including, but not limited to, a municipality, county, county subdivision, city, town, township, parish, village, borough, gore, or any other entities that provide municipal-type government) with population over 10,000. Attached as Exhibit I is an agreed list of the Primary Subdivisions in each Eligible State.
GGG."Prior Litigating Subdivision." A Subdivision (or Subdivision official) that brought any Released Claim against any Released Entity prior to the Trigger Date and all such Released Claims were separately settled or finally adjudicated prior to the Trigger Date; provided, however, that if the final adjudication was pursuant to a Bar, such Subdivision shall not be considered a Prior Litigating Subdivision. Notwithstanding the prior sentence, Walgreens and the Settling State of the relevant Subdivision may agree in writing that the Subdivision shall not be considered a Prior Litigating Subdivision.
HHH.“Private Attorney Fees” are the amount to be paid by Walgreens for private attorneys’ litigation fees and costs on behalf of Participating Subdivisions. The Private Attorney Fees are 12.4% times the Base State Remediation Payment with the maximum amount being $638,600,000. For avoidance of doubt, Private Attorney Fees do not include State AG Fees and Costs or Additional Remediation Amount.
III."Product." Any chemical substance, whether used for medicinal or non-medicinal purposes, and whether natural, synthetic, or semi-synthetic, or any finished pharmaceutical product made from or with such substance, that is: (1) an opioid or opiate, as well as any product containing any such substance; or (2) benzodiazepine, carisoprodol, or gabapentin; or (3) a combination or "cocktail" of chemical substances prescribed, sold, bought, or dispensed to be used
9 together that includes opioids or opiates. "Product" shall include, but is not limited to, any substance consisting of or containing buprenorphine, codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, oxycodone, oxymorphone, tapentadol, tramadol, opium, heroin, carfentanil, diazepam, estazolam, quazepam, alprazolam, clonazepam, oxazepam, flurazepam, triozolam, temazepam, midazolam, carisoprodol, gabapentin, or any variant of these substances or any similar substance. Notwithstanding the foregoing, nothing in this section prohibits a Settling State from taking administrative or regulatory action related to benzodiazepine (including, but not limited to, diazepam, estazolam, quazepam, alprazolam, clonazepam, oxazepam, flurazepam, triozolam, temazepam, and midazolam), carisoprodol, or gabapentin that is wholly independent from the use of such drugs in combination with opioids, provided such action does not seek money (including abatement and/or remediation) for conduct prior to the Effective Date.
JJJ.“Reduced Payment Termination Date.” As defined in Section IV.K.3.
KKK."Reference Date." The date on which Walgreens is to inform the Settling States of its determination whether the condition in Section VIII has been satisfied. The Reference Date shall be no later than thirty (30) calendar days after the Initial Participation Date, unless it is extended by written agreement of Walgreens and the Enforcement Committee.
LLL."Released Claims." Any and all Claims that directly or indirectly are based on, arise out of, or in any way relate to or concern the Covered Conduct occurring prior to the Reference Date. Without limiting the foregoing, Released Claims include any Claims that have been asserted against Walgreens, including claims arising from Walgreens’ acquisition of other firms or assets prior to the Reference Date, by a Settling State or Litigating Subdivision in any federal, state, or local action or proceeding (whether judicial, arbitral, or administrative) based on, arising out of, or relating to, in whole or in part, the Covered Conduct, or any such Claims that could be or could have been asserted now or in the future in those actions or in any comparable action or proceeding brought by a State, Subdivision, or Releasor (whether or not such State, Subdivision, or Releasor has brought such action or proceeding), including any subsidiaries thereof to the extent permissible by law. Released Claims include any claims of a Non-Released Entity held by a Released Entity by way of assignment. Released Claims also include all Claims asserted in any proceeding to be dismissed pursuant to this Agreement, whether or not such claims relate to Covered Conduct. The Parties intend that this term, "Released Claims," be interpreted broadly. This Agreement does not release Claims by private individuals. It is the intent of the Parties that Claims by private individuals be treated in accordance with applicable law. Released Claims is also used herein to describe claims brought by a Later Litigating Subdivision or other non-party Subdivision that would have been Released Claims if they had been brought by a Releasor against a Released Entity.
MMM."Released Entities." With respect to Released Claims, Walgreens and (1) all past and present subsidiaries, divisions, predecessors, successors, and assigns (in each case, whether direct or indirect) of Walgreens; (2) all past and present subsidiaries and divisions (in each case, whether direct or indirect) of any entity described in subsection (1); (3) the respective past and present officers, directors, members, trustees, and employees of any of the foregoing (each for actions that occurred during and related to their work for, or employment with, any of Walgreens or the foregoing entities); (4) all past and present joint ventures (whether direct or indirect) of
10 Walgreens or its subsidiaries, including in any Walgreens or subsidiary's capacity as a participating member in such joint venture; (5) all direct or indirect parents and shareholders of Walgreens (solely in their capacity as parents or shareholders of Walgreens with respect to Covered Conduct); and (6) any insurer of Walgreens or any person or entity otherwise described in subsections (1)-(5) (solely in its role as insurer of such person or entity and subject to the last sentence of Section X.C). An illustrative list of Walgreens’ present joint ventures, subsidiaries and affiliates and predecessor entities is set forth in Exhibit J. Any person or entity described in subsections (3)-(6) shall be a Released Entity solely in the capacity described in such clause and shall not be a Released Entity with respect to its conduct in any other capacity. Any joint venture or past or present subsidiary of Walgreens is a Released Entity, including any joint venture between Walgreens and any distributor, provided, however, that any joint venture partner of Walgreens or any of Walgreens subsidiaries is not a Released Entity unless it falls within subsections (1)-(6) above. With respect to joint ventures (including predecessor entities), only entities listed on Exhibit J are Released Entities. With respect to wholly-owned subsidiaries (including predecessor entities), Exhibit J represents a good faith effort by Walgreens to list all such entities, but any and all wholly-owned subsidiaries (including predecessor entities) of Walgreens are Released Entities, whether or not they are listed on Exhibit J. For the avoidance of doubt, Exhibit J is illustrative, not exhaustive, and may not specifically identify or correctly name each and every Released Entity. Any entity acquired, or joint venture entered into, by Walgreens after the Reference Date is not a Released Entity.
NNN."Releasors." With respect to Released Claims, (1) each Settling State; (2) each Participating Subdivision; and (3) without limitation and to the maximum extent of the power of each Settling State’s Attorney General’s and/or Participating Subdivision to release Claims, (a) the Settling State’s and Participating Subdivision's departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, including its Attorney General , and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, and other Special Districts in a Settling State, and (c) any person or entity acting in a parens patriae, sovereign, quasi-sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public with respect to a Settling State or Subdivision in a Settling State, whether or not any of them participate in this Agreement. The inclusion of a specific reference to a type of entity in this definition shall not be construed as meaning that the entity is not a Subdivision. Each Settling State’s Attorney General represents that he or she has or has obtained (or will obtain no later than the Initial Participation Date) the authority set forth in Section X.F.
In addition to being a Releasor as provided herein, a Participating Subdivision shall also provide the Subdivision Settlement Participation Form referenced in Section VII providing for a release to the fullest extent of the Participating Subdivision's authority.
OOO."Remediation Accounts Fund.” The component of the Settlement Fund described in Section V.C.
PPP."Revocation Event." With respect to a Bar, Settlement Class Resolution, or Case- Specific Resolution, a revocation, rescission, reversal, overruling, or interpretation that in any way limits the effect of such Bar, Settlement Class Resolution, or Case-Specific Resolution on
11 Released Claims, or any other action or event that otherwise deprives the Bar, Settlement Class Resolution, or Case-Specific Resolution of force or effect in any material respect.
QQQ."Settlement Class Resolution." A class action resolution in a court of competent jurisdiction in a Settling State (that is not successfully removed to federal court) with respect to a class of Subdivisions in that State that (1) conforms with that Settling State’s statutes, case law, and rules of procedure regarding class actions; (2) is approved and entered as an order of a court of competent jurisdiction in that State and such order has become a Final Order; (3) is binding on all Non-Participating Subdivisions in that State (other than opt outs as permitted under the next sentence); (4) provides that all such Non-Participating Subdivisions may not bring any Released Claims against any Released Entities, whether on the ground of this Agreement (or the releases herein) or otherwise; and (5) does not impose any costs or obligations on Walgreens other than those provided for in this Agreement, or contain any provision inconsistent with any provision of this Agreement. If applicable state law requires that opt-out rights be afforded to members of the class, a class action resolution otherwise meeting the foregoing requirements shall qualify as a Settlement Class Resolution unless Subdivisions collectively representing more than one percent (1%) of the total population of that State opt out. In seeking certification of any Settlement Class, the applicable State and Participating Subdivisions shall make clear that certification is sought solely for settlement purposes and shall have no applicability beyond approval of the settlement for which certification is sought. Nothing in this Agreement constitutes an admission by any Party that class certification would be appropriate for litigation purposes in any case or for purposes unrelated to this Agreement.
RRR."Settlement Fund."The interest-bearing fund established pursuant to this Agreement into which the Annual Remediation Payments are made under Section IV.
SSS."Settlement Fund Administrator." The entity that annually determines the Annual Remediation Payment (including calculating suspension, offset or reduction and Incentive Payments pursuant to Section IV and any amounts subject to offset or reduction pursuant to Section XI and Section XII), administers the Settlement Fund, and distributes amounts into the Remediation Accounts Fund, State Fund, and Subdivision Fund pursuant to this Agreement. The duties of the Settlement Fund Administrator shall be governed by this Agreement. Prior to the Initial Participation Date, Walgreens and the Enforcement Committee shall agree to selection and removal processes for and the identity of the Settlement Fund Administrator, and a detailed description of the Settlement Fund Administrator's duties and responsibilities, including a detailed mechanism for paying the Settlement Fund Administrator's fees and costs, all of which shall be appended to the Agreement as Exhibit L.
TTT."Settlement Fund Escrow." The interest-bearing escrow fund established pursuant to this Agreement to hold disputed payments made under this Agreement, and to hold the first Annual Remediation Payment until the Effective Date.
UUU."Settlement Payment Schedule." The schedule attached to this Agreement as Exhibit M-1, Exhibit M-2, and Exhibit M-3.
VVV.“Settling State.” An Eligible State that has entered into this Agreement and delivers executed releases in accordance with Section VIII.A.
12 WWW.“State.” The states, commonwealths, and territories of the United States of America, as well as the District of Columbia. The States are listed in Exhibit F-1. Additionally, the use of non-capitalized “state” to describe something (e.g., “state court”) shall also be read to include parallel entities in commonwealths, territories, and the District of Columbia (e.g., “territorial court”).
XXX.“State Allocation.” The State Remediation Payment multiplied by the percentage for each State listed in Exhibit F-2. For the avoidance of doubt, this amount shall be the same as the Base State Remediation Payment multiplied by the percentage for each Eligible State listed in Exhibit F-1, and it does not include the Additional Remediation Amount.
YYY.“State AG Fees and Costs.” The amount to be paid by Walgreens to the States for their litigation fees and costs pursuant to Exhibit S and Exhibit T. The State AG Fees and Costs are 2% times the State Remediation Payment, minus the Additional Remediation Amount, with the maximum amount being $63,842,206.
ZZZ."State Fund." The component of the Settlement Fund described in Section V.C.
AAAA.“State Global Allocation Percentage.” The allocation percentages for all States as set forth in Exhibit F-1, which represents allocations before the credit for Walgreens’ settlement with the State of Florida is applied.
BBBB.“Statewide Payment Amount.” The amount from an Annual Remediation Payment to be paid to a Settling State, its separate types of funds (if applicable), and its Participating Subdivision listed on Exhibit G.
CCCC.“State Remediation Payment.” The maximum amount owed by Walgreens to the States and Subdivisions, exclusive of the Private Attorney Fees, State AG Fees and Costs, Additional Remediation Amount, and is in the amount of $4,788,165,456, consisting of the Base State Remediation Payment and including a credit for Walgreens’ settlement with the State of Florida in the amount of 7.02591344086813% of the Base State Remediation Payment. An additional credit for Walgreens’ settlement with Suffolk and Nassau Counties in New York State in the amount of 15.31% of New York’s State Allocation will be applied to New York’s State Allocation pursuant to Section IV.L. For the avoidance of doubt, the credit for Walgreens’ settlement with Suffolk and Nassau Counties in New York State does not reduce the State Remediation Payment as defined herein, but shall nevertheless reduce the amount owed by Walgreens pursuant to this Agreement to New York State and its Subdivisions.
DDDD.“State-Specific Agreement.” As defined in Section IV.J.
EEEE."State-Subdivision Agreement." An agreement that a Settling State reaches with the Subdivisions in that State regarding the allocation, distribution, and/or use of funds allocated to that State and to its Subdivisions. A State-Subdivision Agreement shall be effective if approved pursuant to the provisions of Exhibit O or if adopted by statute. Preexisting agreements addressing funds other than those allocated pursuant to this Agreement shall qualify if the approval requirements of Exhibit O are met. A State and its Subdivisions may revise a State-
13 Subdivision Agreement if approved pursuant to the provisions of Exhibit O, or if such revision is adopted by statute.
FFFF."Statutory Trust." A trust fund established by state law to receive funds allocated to a Settling State's Remediation Accounts Fund and restrict any expenditures made using funds from the Settling State's Remediation Accounts Fund to Opioid Remediation, subject to reasonable administrative expenses. A State may give a Statutory Trust authority to allocate one (1) or more of the three (3) types of funds comprising such State's Settlement Fund, but this is not required.
GGGG."Subdivision." Any (1) General Purpose Government (including, but not limited to, a municipality, county, county subdivision, city, town, township, parish, village, borough, gore, or any other entities that provide municipal-type government), School District, or Special District within a State, and (2) any other subdivision, subdivision official (acting in an official capacity on behalf of the subdivision) or sub-entity of or located within a State (whether political, geographical or otherwise, whether functioning or non-functioning, regardless of population overlap, and including, but not limited to, Nonfunctioning Governmental Units and public institutions) that has filed a lawsuit that includes a Released Claim against a Released Entity in a direct, parens patriae, or any other capacity. "General Purpose Government," "School District," and "Special District" shall correspond to the "five basic types of local governments" recognized by the U.S. Census Bureau and match the 2017 list of Governmental Units.2 The three (3) General Purpose Governments are county, municipal, and township governments; the two (2) special purpose governments are School Districts and Special Districts.3 "Fire District," "Health District," "Hospital District," and "Library District" shall correspond to categories of Special Districts recognized by the U.S. Census Bureau.4 References to a State's Subdivisions or to a Subdivision "in," "of," or "within" a State include Subdivisions located within the State even if they are not formally or legally a sub-entity of the State; provided, however, that a "Health District" that includes any of the following words or phrases in its name shall not be considered a Subdivision: mosquito, pest, insect, spray, vector, animal, air quality, air pollution, clean air, coastal water, tuberculosis, and sanitary. Each of Lake and Trumbull Counties of Ohio shall not be considered “Subdivisions” for purposes of this Agreement. 2 https://www.census.govidataidatasets/2017/econ/gus/public-use-files.html . 3 E.g., U.S. Census Bureau, "Technical Documentation: 2017 Public Use Files for State and Local Government Organization" at 7 (noting that "the Census Bureau recognizes five basic types of local governments," that three of those are "general purpose governments" (county governments, municipal governments, and township governments), and that the other two are "school district and special district governments"), https://www2.census.gov/programs-surveysigus/datasets/2017/2017_gov_org_meth_tech_doc.pdf . 4 A list of 2017 Government Units provided by the Census Bureau identifies 38,542 Special Districts and categorizes them by "FUNCTION_NAME." "Govt_Units_2017_Final" spreadsheet, "Special District" sheet, included in "Independent Governments - list of governments with reference information," https://www.census.govidataidatasets/2017/econ/gus/public-use-files.html . As used herein, "Fire District" corresponds to Special District function name "24 — Local Fire Protection," "Health District" corresponds to Special District function name "32 — Health," "Hospital District" corresponds to Special District function name "40 —Hospitals," and "Library District" corresponds to Special District function name "52 — Libraries." See id.
14 HHHH."Subdivision Allocation Percentage." The portion of a Settling State's Subdivision Fund set forth in Exhibit G that a Subdivision will receive pursuant to Section V if it becomes a Participating Subdivision. The aggregate Subdivision Allocation Percentage of all Subdivisions receiving a Subdivision Allocation Percentage in each State shall equal one hundred percent (100%). Immediately upon the effectiveness of any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3 (or upon the effectiveness of an amendment to any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3) that addresses allocation from the Subdivision Fund, whether before or after the Initial Participation Date, Exhibit G will automatically be amended to reflect the allocation from the Subdivision Fund pursuant to the State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3. The Subdivision Allocation Percentages contained in Exhibit G may not change once notice is distributed pursuant to Section VII.A, except upon the effectiveness of any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3 (or upon the effectiveness of an amendment to any State-Subdivision Agreement, Allocation Statute, Statutory Trust, or voluntary redistribution allowed by Section V.D.3) that addresses allocation from the Subdivision Fund. For the avoidance of doubt, no Subdivision not listed on Exhibit G shall receive an allocation from the Subdivision Fund and no provision of this Agreement shall be interpreted to create such an entitlement.
IIII."Subdivision Fund." The component of the Settlement Fund described in Section V.A.
JJJJ.Subdivision Settlement Participation Form” The form attached as Exhibit K that Participating Subdivisions must execute and return to the Implementation Administrator or Settlement Fund Administrator, and which shall (1) make such Participating Subdivisions signatories to this Agreement, (2) include a full and complete release of any and of such Subdivision’s claims, and (3) require the prompt dismissal with prejudice of any Released Claims that have been filed by any such Participating Subdivision KKKK."Threshold Motion." A motion to dismiss or equivalent dispositive motion made at the outset of litigation under applicable procedure. A Threshold Motion must include as potential grounds for dismissal any applicable Bar or the relevant release by a Settling State or Participating Subdivision provided under this Agreement and, where appropriate under applicable law, any applicable limitations defense.
LLLL.“Total Available Amount.” The sum of (1) the Adjusted State Remediation Payment, (2) State AG Fees and Costs payment and Additional Remediation Amount, as reduced for non-Settling States and (3) the Private Attorneys Fees, including any reduction to the Contingency Fee Fund.
MMMM."Trigger Date." In the case of a Primary Subdivision, the Reference Date.
In the case of all other Subdivisions, the Preliminary Agreement Date.
NNNN.“Walgreens.” Walgreen Co.
15 II.Participation by States and Condition to Preliminary Agreement A.Notice to States. On December 7 2022 this Agreement shall be distributed to all States. The States’ Attorneys General shall then have until December 30, 2022 to decide whether to become Settling States. States that determine to become Settling States shall so notify Walgreens and shall further commit to obtaining any necessary additional State releases prior to the Reference Date. This notice period may be extended by written agreement of Walgreens and the Enforcement Committee.
B.Condition to Preliminary Agreement. Following the notice period set forth in Section II.A above, Walgreens shall determine whether, in its sole discretion, enough States have agreed to become Settling States to proceed with notice to Subdivisions as set forth in Section VII below. If Walgreens determines that this condition has been satisfied, and that notice to the Litigating Subdivisions should proceed, it will so notify the Settling States by providing notice to the Enforcement Committee on the Preliminary Agreement Date. If Walgreens determine that this condition has not been satisfied, and this Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void.
C.Later Joinder by States. After the Preliminary Agreement Date, a State may only become a Settling State with the consent of Walgreens and the Enforcement Committee. If a State becomes a Settling State more than sixty (60) calendar days after the Preliminary Agreement Date, but on or before June 30, 2023, the Subdivisions in that State that become Participating Subdivisions within ninety (90) calendar days of the State becoming a Settling State shall be considered Initial Participating Subdivisions. A State may not become a Settling State after June 30, 2023.
D.Litigation Activity. Following the Preliminary Agreement Date, States that determine to become Settling States shall make reasonable efforts to cease litigation activity against Walgreens, including by jointly seeking stays or, where appropriate, severance of claim against Walgreens, where feasible, and otherwise to minimize such activity by means of agreed deadline extensions and agreed postponement of depositions, document productions, and motion practice if a motion to stay or sever is not feasible or is denied.
III.Injunctive Relief
A.Injunctive Relief. As part of the Consent Judgment, the Parties agree to the entry of the injunctive relief terms attached in Exhibit P.
IV.Settlement Payments
A.Settlement Fund. All payments under this Section IV shall be made into the Settlement Fund, except that, where specified, they shall be made into the Settlement Fund Escrow. The Settlement Fund shall be allocated and used only as specified in Section V.
B.Annual Remediation Payments
16 1.Walgreens shall make fifteen (15) Annual Remediation Payments, each comprised of Base Payments and Incentive Payments as provided in this Section IV and as determined by the Settlement Fund Administrator as set forth in this Agreement, provided that the Annual Remediation Payment in Payment Year 1 shall consist solely of Base Payments.
2.The combination of the Annual Remediation Payment and the Annual Fee Payment in any given Payment Year shall not exceed one-fifteenth (1/15th) of the Total Available Amount (the “Annual Maximum”). Payments may be lower than one-fifteenth (1/15th) of the Total Available Amount due to credits and incentive eligibility. In the event that the full amount of the Annual Remediation Payment calculated by the Settlement Fund Administrator pursuant to Section IV.C exceeds the Annual Maximum, Settling States will be paid a prorated amount of payment available up to the Annual Maximum, and any unpaid amount will be due the following Payment Year and each succeeding Payment Year until the remediation is fully paid. The payment schedule for the Annual Remediation Payments is attached hereto as Exhibit M-2. The payment schedule for the Annual Fee Payments is attached hereto as Exhibit M-3.
C.Settlement Fund Payment Process
1.To determine each Annual Remediation Payment for Payment Year 2 forward, the Settlement Fund Administrator shall use the data as of sixty (60) days prior to the Payment Date for each payment, unless another provision of the Agreement specifies a different date. Prior to the Effective Date, the Parties will include an exhibit to the Agreement setting forth in detail the process for the Settlement Fund Administrator obtaining relevant data and for distributing funds to the Settling States and their Participating Subdivisions listed on Exhibit G consistent with the terms of this Agreement as quickly as practical.
2.The Settlement Fund Administrator shall determine the Annual Remediation Payment and the Statewide Payment Amount for each Settling State, consistent with the provisions in Exhibit L, by:
a.Determining, for each Settling State, the amount of Base Payments and Incentive Payments to which the State is entitled by applying the criteria under Section IV.F, Section IV.G, and Section IV.H;
b.applying any offsets, credits or reductions as specified under Section IV, Section XI, and Section XII;
c.applying the annual cap on payments as specified under Section IV.B.
d.applying any adjustment required as a result of significant financial constraint, as specified under Section IV.K
e.determining the total amount owed by Walgreens to all Settling States and the Participating Subdivisions listed on Exhibit G; and
17 f.the Settlement Fund Administrator shall then allocate, after subtracting the portion of any Settlement Fund Administrator costs and fees owed out of funds from the Settlement Fund pursuant to Section V.C.5, the Annual Remediation Payment pursuant to Section V among the Settling States, among the separate types of funds for each Settling State (if applicable), and among the Participating Subdivisions listed on Exhibit G.
3.If, no later than fifty (50) days prior to the Payment Date, Walgreens and the Enforcement Committee inform the Settlement Fund Administrator that they agree on the amount of the Annual Remediation Payment and the Statewide Payment Amount for each Settling State, Walgreens shall pay the agreed-upon Annual Remediation Payment amount on the Payment Date and the Settlement Fund Administrator shall treat those amounts as the determination described in Section IV.C.2. If the Settlement Fund Administrator is not so informed, it shall give notice to Walgreens, the Settling States, and the Enforcement Committee of the amount of the Annual Remediation Payment, and the Statewide Payment Amount for each Settling State, following the determination described in Section IV.C.2, and the following timeline shall apply:
a.Within twenty-one (21) calendar days of the notice provided by the Settlement Fund Administrator, Walgreens, any Settling State or the Enforcement Committee may dispute, in writing, the calculation of the Annual Remediation Payment or the Statewide Payment Amount for a Settling State. Such disputing party must provide a written notice of dispute to the Settlement Fund Administrator, the Enforcement Committee, any affected Settling State, and Walgreens identifying the nature of the dispute, the amount of money that is disputed, and the Settling State(s) affected.
b.Within twenty-one (21) calendar days of the sending of a written notice of dispute, any affected party may submit a response, in writing, to the Settlement Fund Administrator, the Enforcement Committee, any affected Settling State, and Walgreens identifying the basis for disagreement with the notice of dispute.
c.If no response is filed, the Settlement Fund Administrator shall adjust the amount calculated consistent with the written notice of dispute, and Walgreens shall pay the adjusted amount, collectively totaling that year's Annual Remediation Payment, on the Payment Date. If a written response to the written notice of dispute is timely sent to the Settlement Fund Administrator, the Settlement Fund Administrator shall notify Walgreens of the preliminary amount to be paid, which shall be the greater of the amount originally calculated by the Settlement Fund Administrator or the amount that would be consistent with the notice of dispute, provided, however, that in no circumstances shall the preliminary amount to be paid be higher than the Annual Maximum as set forth in Section IV.B.2. For the avoidance of doubt, a transfer of payments from the Settlement Fund Escrow for other Payment Years does not count toward determining whether the amount to be paid is higher than the Annual Maximum.